High Court Fees Regulations 2013

Reprint as at 26 November 2018

Coat of Arms of New Zealand

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

1Title
2Commencement
3Application
4Interpretation
5Fees of court
6Fees payable by liquidators of companies without assets
7Application of fees for items 18 to 20 (hearings)
8Minimum and maximum fee (commission) payable by vendor mortgagee under section 194(1)(c) of Property Law Act 2007
9Prepayment of scheduling fees and estimated hearing fees
10Failure to prepay scheduling fees or estimated hearing fees
11Payment of balance of hearing fees if hearing exceeds estimated hearing time
12Refund of prepaid hearing fees if hearing shorter than estimated hearing time
13Refund of prepaid hearing fees if application or proceeding settled, discontinued, abandoned, or determined before hearing date
14Hearing fees in proceedings involving counterclaims, cross-claims, claims against third or subsequent parties, or cross-appeals
15Prepayment of judicial settlement conference fees
16Failure to prepay judicial settlement conference fee
17Refund of prepaid fee for judicial settlement conference that does not take place
18Power to waive fees
19Criteria for determining when person unable to pay fee sought to be waived
20Criteria for determining when proceeding concerns matter of genuine public interest
21Payment of fee may be postponed pending determination of application for waiver or review
22Recovery of fee if payment postponed
23Power to refund fees
24GST included
25Amendment to Māori Trustee Regulations 2009
26Amendments to Property Law (Mortgagees’ Sales Forms and Fees) Regulations 2007
27Amendment to Public Trust Regulations 2002
28Revocations
29Transitional provision
Gazette Information
Reprint notes