This Act may be cited as the Costs in Criminal Cases Act 1967.

This Act shall come into force on 1 April 1968.

In this Act, unless the context otherwise requires,—

This Act shall bind the Crown.

Where any defendant is convicted by any court of any offence, the court may, subject to any regulations made under this Act, order him to pay such sum as it thinks just and reasonable towards the costs of the prosecution.

Where on the arrest of that person any money was taken from him the court may in its discretion order the whole or any part of the money to be applied to any such payment.

Where the court convicts any person and the prosecutor has not prepaid any fees of court, the court may order the person convicted to pay the fees of court.

Any costs allowed under this section shall be specified in the conviction and may be recovered in the same manner as a fine.

If subsection (1) or subsection (3) applies and the defendant or person convicted is a Crown organisation convicted of an offence against the Building Act 1991, the Building Act 2004, the Health and Safety at Work Act 2015, or the Resource Management Act 1991, any costs and fees awarded must be paid from the funds of that organisation.

Where any defendant is acquitted of an offence or where the charge is dismissed or withdrawn, whether upon the merits or otherwise, the court may, subject to any regulations made under this Act, order that he be paid such sum as it thinks just and reasonable towards the costs of his defence.

Without limiting or affecting the court’s discretion under subsection (1), it is hereby declared that the court, in deciding whether to grant costs and the amount of any costs granted, shall have regard to all relevant circumstances and in particular (where appropriate) to—

There shall be no presumption for or against the granting of costs in any case.

No defendant shall be granted costs under this section by reason only of the fact that he has been acquitted or that any charge has been dismissed or withdrawn.

No defendant shall be refused costs under this section by reason only of the fact that the proceedings were properly brought and continued.

Where any defendant is convicted but the court is of the opinion that the prosecution involved a difficult or important point of law and that in the special circumstances of the case it is proper that he should receive costs in respect of the arguing of that point of law, the court may, subject to any regulations made under this Act, order that he be paid such sum as it considers just and reasonable towards those costs.

Subject to subsection (2), where any order is made under section 5 or section 6 the amount ordered to be paid to the defendant shall—

Notwithstanding the provisions of subsection (1) where a court is of the opinion that any person has acted negligently or in bad faith in bringing, continuing, or conducting a prosecution it may, in any order made under section 5, direct that the defendant’s costs shall be paid by—

and in any such case costs shall not be paid under subsection (1) but shall be paid by, and may be recovered as a debt from, the government department, officer of the Crown, local authority, public body, or person specified in the order.

If an order under section 5 or section 6 relating to the payment of costs is made in favour of a Crown organisation that was prosecuted for an offence against the Building Act 1991, the Building Act 2004, the Health and Safety at Work Act 2015, or the Resource Management Act 1991, those costs must be paid to that Crown organisation.

Where any appeal is made pursuant to any provision of Part 6 of the Criminal Procedure Act 2011 the court which determines the appeal may, subject to any regulations made under this Act, make such order as to costs as it thinks fit.

No defendant or convicted defendant shall be granted costs under this section by reason only of the fact that his appeal has been successful.

No defendant or convicted defendant shall be refused costs under this section by reason only of the fact that the appeal was reasonably brought and continued by another party to the proceedings.

No Judge, Justice, or Community Magistrate is liable to costs just because an appeal is filed against a determination by that judicial officer.

If the court which determines an appeal is of opinion that the appeal includes any frivolous or vexatious matter, it may, if it thinks fit, irrespective of the result of the appeal, order that the whole or any part of the costs of any party to the proceedings in disputing the frivolous or vexatious matter shall be paid by the party who raised the frivolous or vexatious matter.

If the court which determines an appeal is of opinion that the appeal involves a difficult or important point of law it may order that the costs of any party to the proceedings shall be paid by any other party to the proceedings irrespective of the result of the appeal.

If a notice of appeal is given under Part 6 of the Criminal Procedure Act 2011 but the appeal is abandoned under that Part, the court appealed to may, subject to any regulations made under this Act, allow the respondent any costs that it thinks fit.

No costs incurred after notice has been given by the appellant abandoning the appeal shall be allowed.

Where on the determination of any appeal either party is ordered to pay costs,—

Despite subsection (1), if, on the determination of any appeal to which a Crown organisation convicted of an offence against the Building Act 1991, the Building Act 2004, the Health and Safety at Work Act 2015, or the Resource Management Act 1991 is a party, the Crown organisation is ordered to pay costs, the order as to costs is enforceable as if it were a fine imposed on the Crown organisation by the District Court.

Any order made by the High Court or the Court of Appeal, other than on an appeal under Part 6 of the Criminal Procedure Act 2011, for the payment of costs by any person, other than the Crown, shall upon being filed in the High Court have the effect of a judgment.

Before deciding whether to award costs under this Act the court shall allow any party who wishes to make submissions or call evidence on the question of costs a reasonable opportunity to do so.

The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

Any regulations made under this Act may—

Where any maximum scale of costs is prescribed by regulation, the court may nevertheless make an order for the payment of costs in excess of that scale if it is satisfied that, having regard to the special difficulty, complexity, or importance of the case, the payment of greater costs is desirable.

Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Amendment(s) incorporated in the Act(s).

The enactments specified in the Schedule are hereby repealed.

Nothing in this Act shall limit or affect the powers of any court under sections 106 and 108 of the Sentencing Act 2002.

This Act shall apply to proceedings commenced on or after the date of the commencement of this Act and to proceedings commenced but not completed before that date.