District Courts Fees Amendment Regulations 2012

2012/84

Coat of Arms of New Zealand

District Courts Fees Amendment Regulations 2012

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 14th day of May 2012

Present:
His Excellency the Governor-General in Council

Pursuant to section 123 of the District Courts Act 1947, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title
  • These regulations are the District Courts Fees Amendment Regulations 2012.

2 Commencement
  • These regulations come into force on the 28th day after the date of their notification in the Gazette.

3 Principal regulations
4 Schedule amended
  • (1) In the Schedule, after item 3(c), insert:

     
    • (ca) an amended notice of claim; or

      

    (2) In the Schedule, replace item 9 with:

    9

    Hearing fee,—

    • (a) in the case of a trial that is allocated on dismissal of an application for summary judgment, for each half-day or part of a half-day; and

    • (b) in every other case, for each half-day or part of a half-day after the first half-day

    This item applies, unless otherwise provided, in respect of the hearing of every proceeding, including the hearing of every appeal and every cross-appeal, and the hearing of every interlocutory application.

     906.30

Rebecca Kitteridge,
Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force 28 days after the date of their notification in the Gazette, amend the District Courts Fees Regulations 2009. The amendments are required to align the fees regulations with amendments being made to the District Courts Rules 2009. The first amendment introduces a fee for filing an amended notice of claim (being the same amount as the fee that applies when filing an amended statement of claim). The second amendment prescribes the hearing fee for each half-day of a trial. In the case of a trial that is set down on dismissal of a summary judgment application, the fee applies to each half-day, including the first half-day. In every other case, the fee is for each half-day after the first half-day, because the fee for the first half-day is covered by item 6 (which does not apply in cases where the trial is allocated on dismissal of a summary judgment application). The result is that the same hearing fee is payable regardless of the process for allocating the trial.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 17 May 2012.

These regulations are administered by the Ministry of Justice.