High Court Fees Regulations 2013

  • not the latest version

Reprint as at 7 December 2014

High Court Fees Regulations 2013

(SR 2013/226)

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 20th day of May 2013

Present:
His Excellency the Governor-General in Council


Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry of Justice.


Pursuant to section 18(4) of the Administration Act 1969, section 11(4) of the Admiralty Act 1973, section 100A of the Judicature Act 1908, sections 57 and 339(g) of the Lawyers and Conveyancers Act 2006, sections 67(2)(b) and 70(2) of the Local Government (Rating) Act 2002, section 52 of the Māori Trustee Act 1953, section 363(d) of the Property Law Act 2007, section 147 of the Public Trust Act 2001, and section 41 of the Trustee Companies Act 1967, His Excellency the Governor-General, acting—

  • (a) on the advice and with the consent of the Executive Council; and

  • (b) to the extent that these regulations prescribe the fees referred to in section 12BA of the Māori Trustee Act 1953, on the recommendation of the Minister of Māori Affairs,—

makes the following regulations.

Contents

1 Title

2 Commencement

3 Application

4 Interpretation

Prescribed fees

5 Fees of court

6 Fees payable by liquidators of companies without assets

7 Application of fees for items 18 to 20 (hearings)

8 Minimum and maximum fee (commission) payable by vendor mortgagee under section 194(1)(c) of Property Law Act 2007

Scheduling fees and hearing fees

9 Prepayment of scheduling fees and estimated hearing fees

10 Failure to prepay scheduling fees or estimated hearing fees

11 Payment of balance of hearing fees if hearing exceeds estimated hearing time

12 Refund of prepaid hearing fees if hearing shorter than estimated hearing time

13 Refund of prepaid hearing fees if application or proceeding settled, discontinued, abandoned, or determined before hearing date

14 Hearing fees in proceedings involving counterclaims, cross-claims, claims against third or subsequent parties, or cross-appeals

Judicial settlement conference fees

15 Prepayment of judicial settlement conference fees

16 Failure to prepay judicial settlement conference fee

17 Refund of prepaid fee for judicial settlement conference that does not take place

Waivers

18 Power to waive fees

19 Criteria for determining when person unable to pay fee sought to be waived

20 Criteria for determining when proceeding concerns matter of genuine public interest

21 Payment of fee may be postponed pending determination of application for waiver or review

22 Recovery of fee if payment postponed

Refunds

23 Power to refund fees

Fees include GST

24 GST included

Consequential and transitional matters

25 Amendment to Māori Trustee Regulations 2009

26 Amendments to Property Law (Mortgagees' Sales Forms and Fees) Regulations 2007

27 Amendment to Public Trust Regulations 2002

28 Revocations

29 Transitional provision

Schedule
Fees payable in respect of proceedings in court

Gazette information

Reprint notes