Costs in Criminal Cases Amendment Regulations 2013

2013/173

Coat of Arms of New Zealand

Costs in Criminal Cases Amendment Regulations 2013

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 20th day of May 2013

Present:
His Excellency the Governor-General in Council

Pursuant to section 13(1) of the Costs in Criminal Cases Act 1967, 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 Costs in Criminal Cases Amendment Regulations 2013.

2 Commencement
  • These regulations come into force on 1 July 2013.

3 Principal regulations
4 Regulation 2 amended (Interpretation)
  • In regulation 2, insert in its appropriate alphabetical order:

    working day has the same meaning as in section 5 of the Criminal Procedure Act 2011.

5 New regulation 2A inserted (Application of these regulations)
  • After regulation 2, insert:

    2A Application of these regulations
    • Schedule 2 contains application, savings, and transitional provisions that affect these regulations' other provisions as from time to time amended, revoked, or revoked and replaced.

6 Regulation 3 amended (Heads of costs and maximum scales of costs)
  • In regulation 3, replace the Schedule with Schedule 1.

7 Regulation 4 replaced (Delegation to Registrar)
  • Replace regulation 4 with:

    4 Delegation to Registrar
    • Where a court makes an order for the payment of costs under the Act, the court may delegate to a Registrar the power to determine the amount of the costs to be allowed under any particular head.

8 Regulation 5 amended (Determination by Registrar)
9 Regulation 9 revoked (Transitional provision)
10 Schedule replaced
  • Replace the Schedule with Schedules 1 and 2 as set out in the Schedule of these regulations.


Schedule
Schedule replaced

r 10

Schedule  1
Fees payable to barristers and solicitors in respect of proceedings under Criminal Procedure Act 2011

r 3

Part 1
Trials, sentences, and appeals

Subpart ATrials

Particulars Maximum fee ($)
1

For conducting a prosecution or defence in a case, including all matters and proceedings connected with or incidental to the case—for each half day or part half day occupied in court

 226
2

Where for any reason the charge is withdrawn or is dismissed without a trial, or where the defendant pleads guilty—for each half day or part half day occupied in court

 113

Subpart BSentences

Particulars Maximum fee ($)

For appearance upon sentence, irrespective of the number of charges or the number of appearances, provided that no fee is payable in respect of appearance upon the sentencing of an offender where the sentence is pronounced on the same day as the verdict, unless the appearance alone necessitates a separate attendance of the defendant's lawyer, when a fee not exceeding $56 may be paid

 56

Subpart CAppeals

Particulars Maximum fee ($)
1

In respect of an appeal (except an appeal against sentence only) or an application for leave to appeal or an ancillary application or matter—for each half day or part half day occupied in court

 226
2

In respect of an appeal against sentence only—for each half day or part half day in court

 130
3

In respect of an appeal that is dismissed for non-prosecution

 130

Part 2
Provisions of general application

Subpart ASecond counsel

Fees may be paid in respect of second counsel if second counsel is employed and if the court so directs, but the fees paid must not exceed the maximum fees prescribed in Part 1, reduced by half.

Subpart BCosts of convicted defendant

Particulars Maximum fee ($)

Where costs are awarded to a convicted defendant under section 6 of the Act

 212

Subpart CTravelling expenses and costs incidental to proceedings

Expenses that may be ordered to be paid under the Act are—

  • (a) the reasonable travelling expenses and allowances of the parties to the proceedings and those of their lawyers:

  • (b) all other disbursements reasonably and properly incurred, including—

    • (i) fees, allowances, and expenses paid to witnesses and interpreters, which must not exceed the fees, allowances, and travelling expenses prescribed by the Witnesses and Interpreters Fees Regulations 1974; and

    • (ii) the costs of enquiries, scientific and other investigations, and tests.

Schedule 2
Application, savings, and transitional provisions

r 2A

1 Costs in Criminal Cases Amendment Regulations 2013
  • On the commencement of the Costs in Criminal Cases Amendment Regulations 2013 (the 2013 regulations), these regulations continue to apply, as if they had not been amended by the 2013 regulations, to a proceeding conducted under the Summary Proceedings Act 1957 or the Crimes Act 1961.

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 amend the Costs in Criminal Cases Regulations 1987 (the principal regulations). They come into force on 1 July 2013. The purpose of the amendments is to update the principal regulations in the light of the procedural changes made by the Criminal Procedure Act 2011(the Act). There is no change in the amounts payable as fees. Rather, since criminal proceedings will uniformly fall under the Act rather than the Summary Proceedings Act 1957 or the Crimes Act 1961 as before, it has been possible to compress the Schedule of the principal regulations to reflect the new procedure. For ease of drafting and for the purpose of modernisation of drafting style, the Schedule has been replaced in whole and appears as new Schedule 1. New Schedule 2 has been added as the repository of application, savings, and transitional provisions affecting the principal regulations.


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

Date of notification in Gazette: 23 May 2013.

These regulations are administered by the Ministry of Justice.