High Court Fees Regulations 2013

Schedule Fees payable in respect of proceedings in court

rr 4, 5

Note: Items in the fees table are arranged in the following categories:

Documents initiating proceedings (including appeals)Items 1 to 6
Interlocutory applicationsItems 7 to 9
Statements of defence and other documents in responseItems 10 to 16
SchedulingItem 17
Hearings (see regulation 7)Items 18 to 20
Judicial settlement conferencesItem 21
Enforcing judgmentsItems 22 to 34
Probate and administrationItems 35 to 45
BankruptcyItems 46 to 50
Administrative feesItems 51 to 54
Searching and accessing court recordsItems 55 and 56
Matters conducted by RegistrarItems 57 and 58
Law practitionersItems 59 to 64
Applications under Trans-Tasman Proceedings Act 2010Items 64A and 64B
Matters under Local Government (Rating) Act 2002Items 65 and 66
Mortgagee sales under Property Law Act 2007Item 67
AdmiraltyItems 68 to 70
CategoryItemMatter for which fee is payableFee ($)
Documents initiating proceedings (including appeals)1Filing an exempt application (as defined in regulation 4)no fee
2Filing an application to put a company into liquidation to which Part 31 of the High Court Rules applies540
3

Filing an initiating document (as defined in regulation 4) that commences—

(a)

an application for review under the Judicial Review Procedure Act 2016; or

(b)

a proceeding to which Part 18 (applications in equity and under statutes), Part 19 (originating applications) (other than an application for habeas corpus), or Part 30 (judicial review), but no other Part, of the High Court Rules applies; or

(c)

an appeal or cross-appeal to the court under any enactment

540
4Filing any other initiating document (as defined in regulation 4), unless a different filing fee is prescribed for that document elsewhere in the fees table1,350
5Filing a statement of claim between defendants110
6Filing an amended statement of claim110
Interlocutory applications7Filing an exempt interlocutory application (as defined in regulation 4)no fee
8Filing an application on notice for summary judgment (HCR 12.4)no fee
9Filing any other interlocutory application (unless a different filing fee is prescribed for that application elsewhere in the fees table—see items 35(b), 64A, and 64B) as follows:
(a)

application without notice

200
(b)

application on notice relating to a proceeding to which item 2, 3, 46, or 48 applies

200
(c)

any other application on notice

500
Statements of defence and other documents in response10Filing a statement of defence,—
(a)

if included in the same document as a counterclaim, and providing that the fee for filing a counterclaim is paid (see item 13)

no fee
(b)

in any other case

110
11Filing a statement of defence between defendants110
12Filing an amended statement of defence110
13Filing a counterclaim (which may include in the same document, for no additional fee, a statement of defence) for—
(a)

a proceeding to which item 2 or 3 applies

540
(b)

any other proceeding

1,350
14Filing a notice of opposition,—
(a)

in the case of a notice of opposition against an exempt application or an exempt interlocutory application

no fee
(b)

in the case of a notice of opposition against an interlocutory application for summary judgment

110
(c)

in any other case (unless a different filing fee is prescribed for that notice of opposition elsewhere in the fees table—see item 49)

110
15Filing an appearance (HCR 5.49, 5.50, 5.51)110
16Filing a third or subsequent party notice110
Scheduling17For scheduling the hearing date for an application or proceeding,—
(a)

in the case of an exempt application

no fee
(b)

in the case of an interlocutory application

no fee
(c)

in the case of an application or proceeding to which item 2, 3, or 48 applies

640
(d)

in any other case

1,600
Hearings (see regulation 7)18Hearing an exempt application or an exempt interlocutory applicationno fee
19Hearing an application or proceeding to which item 2, 3, or 48 applies, for each half-day or part half-day after the first half-day640
20Hearing any other application or proceeding, for each half-day or part half-day after the first half-day1,600
Judicial settlement conferences21Judicial settlement conference640
Enforcing judgments22Issuing an order for examination (HCR 17.12)400
23Issuing an order that money owing under a judgment be paid by instalments (HCR 17.17)200
24Issuing an attachment order (HCR 17.33)200
25Issuing a charging order with leave (HCR 17.41)200
26Issuing a charging order without leave (HCR 17.42)200
27Issuing a sale order (HCR 17.63)1,500
28Selling property under a sale order500
29Filing an application for an order protecting a secured party’s interestsno fee
30Issuing a possession order (HCR 17.81)1,500
31Issuing a combined sale and possession order (HCR 17.82)1,500
32Issuing an arrest order (where a party does not comply with an original court order) (HCR 17.84)1,500
33Issuing a sequestration order (HCR 17.87)1,500
34Issuing an order to arrest and imprison an absconding debtor under section 40 of the Senior Courts Act 2016 (HCR 17.88)1,500
Probate and administration35Filing any of the following:
(a)

an application in common form for probate or letters of administration:

(b)

an application relating to a deceased person’s estate made prior or subsequent to a grant of administration:

(c)

an application for an order that is made under section 14 or 31, or for the purpose of section 18, of the Wills Act 2007

200
36Sealing a grant of administration obtained by way of an application under HCR 27.4 or 27.6no fee
37Sealing an exemplification of administration (HCR 27.33(1))50
38Sealing a duplicate of a grant of administration (HCR 27.33(2)(a))50
39Sealing and certifying a copy or photocopy of a grant of administration (HCR 27.33(2)(b))50
40Issuing a certificate of administration under section 18 of the Administration Act 196930
41Resealing, under section 71 of the Administration Act 1969, probate or letters of administration granted by an overseas court50
42Filing an election to administer under Part 6 of the Public Trust Act 2001, Part 3 of the Trustee Companies Act 1967, or section 12A or 12B of the Māori Trustee Act 195330
43Issuing a certified copy of an election to administer filed under Part 6 of the Public Trust Act 2001, Part 3 of the Trustee Companies Act 1967, or section 12A or 12B of the Māori Trustee Act 195330
44

Searching or inspecting a document or a court file that relates to an application or action for a grant of administration under the Administration Act 1969 or to a proceeding for the recall of any such grant (HCR 3.7(2)),—

(a)

if a fee has been paid under item 55 to search or inspect the formal court record in relation to the grant

no fee
(b)

in any other case

30

Note: On payment of a fee for this item, no further fee is payable for obtaining 1 or more copies of the document, or any document on the court file, as the case may be (see item 53(b))

45Supplying a copy of a will,—
(a)

if a fee has been paid under item 44 in respect of the will

no fee
(b)

in any other case

20
Bankruptcy46Filing a request for issue of a bankruptcy notice (HCR 24.8)200
47[Revoked]
48Filing a creditor’s application for adjudication (HCR 24.11)500
49Filing a notice of opposition to application for adjudication (HCR 24.18)110
50Sealing an order for bankruptcy50
Administrative fees51Sealing the original copy of any judgment (HCR 11.11), order (other than an order to which item 60 applies), or letter of request (HCR 9.26)50
52Issuing a certified copy of—
(a)

any document that is part of the formal court record or on the court file

50
(b)

any Registrar’s certificate

50
53Copying any document (other than a judgment),—
(a)

for the first copy of any part or parts of the court file or any document relating to the proceeding that is provided to a party to the proceeding or that party’s counsel

no fee
(b)

if a fee under item 44 has been paid to search or inspect the document, or the court file containing the document

no fee
(c)

where paragraphs (a) and (b) do not apply,—

(i)

for each black and white page

0.20
(ii)

for each colour page

0.40
(iii)

for documents in electronic form

actual and reasonable costs
54Copying a judgment,—
(a)

for the first copy that is provided to a party to the proceeding or that party’s counsel

no fee
(b)

where paragraph (a) does not apply

30
Searching and accessing court records55Searching or inspecting the formal court record (HCR 3.7(1),—
(a)

for the first name or case searched

30
(b)

for each additional name or case searched

5
56Requesting access to a document or court file as follows:
(a)

if the request is made by a party to a proceeding or that party’s counsel (HCR 3.8) in respect of a document or court file relating to the proceeding

no fee
(b)

if a fee has been paid under item 55(a) in respect of the court file or the formal court record

no fee
(c)

in any other case

30
Matters conducted by Registrar57Attendance before a Registrar in an inquiry or reference600
58Examination of witnesses by a Registrar under an order of the court600
Law practitioners59Filing an application for admission as a barrister and solicitor under section 57 of the Lawyers and Conveyancers Act 2006120
60Sealing an order for admission as a barrister and solicitorno fee
61Issuing a certified copy of an order for admission as a barrister and solicitor50
62Issuing a certificate of enrolment on the roll of barristers and solicitors kept under the Lawyers and Conveyancers Act 200650
63Filing an application for registration, in respect of admission as a barrister and solicitor, under section 19 of the Trans-Tasman Mutual Recognition Act 1997120
64Issuing a Registrar’s certificate following notice under section 19 of the Trans-Tasman Mutual Recognition Act 199750
Applications under Trans-Tasman Proceedings Act 201064AFiling an application under section 56 of the Trans-Tasman Proceedings Act 2010 to register in the court under subpart 5 of Part 2 of that Act a registrable Australian judgment100
64BFiling either of the following applications:250
(a)

an application to set aside registration of an Australian judgment (under section 61 of the Trans-Tasman Proceedings Act 2010):

(b)

an application for a stay of enforcement of a registered Australian judgment (under section 65 of the Trans-Tasman Proceedings Act 2010)

Matters under Local Government (Rating) Act 200265Filing an application to enforce a judgment for rates under section 67 of the Local Government (Rating) Act 2002300
66Selling or leasing a rating unit under section 70 of the Local Government (Rating) Act 2002800
Mortgagee sales under Property Law Act 200767

Application for Registrar to conduct a sale for a vendor mortgagee under section 187 of the Property Law Act 2007

Note: For the minimum and maximum commission that is payable, if the land is sold, by the vendor mortgagee to the Registrar under section 194(1)(c) of that Act, see regulation 8

1,500
Admiralty68Filing an application for the issue of a warrant of arrest (of property) (HCR 25.34)1,500
69Filing a request for a commission for the appraisement and sale of any property (HCR 25.51)2,000
70Selling property under a commission for sale (HCR 25.51)500

Schedule note: amended, on 11 October 2013, by regulation 4 of the High Court Fees (Trans-Tasman Proceedings Act 2010—Australian Judgments) Amendment Regulations 2013 (SR 2013/349).

Schedule item 3(a): amended, on 1 March 2017, by section 24 of the Judicial Review Procedure Act 2016 (2016 No 50).

Schedule item 9: amended, on 1 July 2014, by regulation 4(1) of the High Court Fees Amendment Regulations 2014 (LI 2014/181).

Schedule item 9: amended, on 11 October 2013, by regulation 4 of the High Court Fees (Trans-Tasman Proceedings Act 2010—Australian Judgments) Amendment Regulations 2013 (SR 2013/349).

Schedule item 9(b): amended, on 1 July 2014, by regulation 4(2) of the High Court Fees Amendment Regulations 2014 (LI 2014/181).

Schedule item 17(c): amended, on 16 September 2013, by regulation 5(1) of the High Court Fees Amendment Regulations 2013 (SR 2013/388).

Schedule item 19: amended, on 16 September 2013, by regulation 5(2) of the High Court Fees Amendment Regulations 2013 (SR 2013/388).

Schedule item 34: amended, on 1 March 2017, by section 183(b) of the Senior Courts Act 2016 (2016 No 48).

Schedule item 47: revoked, on 1 July 2014, by regulation 4(3) of the High Court Fees Amendment Regulations 2014 (LI 2014/181).

Schedule item 64A: inserted, on 11 October 2013, by regulation 4 of the High Court Fees (Trans-Tasman Proceedings Act 2010—Australian Judgments) Amendment Regulations 2013 (SR 2013/349).

Schedule item 64B: inserted, on 11 October 2013, by regulation 4 of the High Court Fees (Trans-Tasman Proceedings Act 2010—Australian Judgments) Amendment Regulations 2013 (SR 2013/349).

Rebecca Kitteridge,
Clerk of the Executive Council.