These regulations are the Court of Appeal Fees Regulations 2001.

These regulations come into force on 15 October 2001.

In these regulations, unless the context otherwise requires,—

The fees specified in the Schedule are payable, and must be taken by the Registrar, in proceedings in the court in respect of the matters so specified if no other fee is prescribed in respect of those proceedings by any Act, regulations, Order in Council, or notice.

All such fees must be prepaid.

Subclause (2) is subject to regulations 4B(1), 5, and 6.

An applicant or appellant (as applicable) must pay a scheduling fee before a hearing is scheduled.

An applicant or appellant (as applicable) must pay an estimated hearing fee no later than—

If 2 or more proceedings are to be heard together, scheduling fees (if any) and hearing fees must be paid in respect of each proceeding unless the court otherwise directs.

For the purpose of subclause (3), a proceeding does not constitute 2 or more proceedings by reason only that it involves an appeal and 1 or more cross-appeals.

If a scheduling fee or an estimated hearing fee is not paid in accordance with regulation 4A, the Registrar may vacate the hearing.

If the Registrar vacates a hearing under subclause (1), the Registrar must promptly notify the parties.

If the actual hearing time exceeds the estimated hearing time, the applicant or appellant (as applicable) must pay, on the final day of the hearing, the balance of the hearing fee (being the actual hearing fee less any amount that has been prepaid).

Subclause (1) is subject to any order made under regulation 4F(2)(b)(ii).

If the actual hearing time is less than the estimated hearing time, the Registrar must refund to the applicant or appellant (as applicable) the portion of any prepaid hearing fee that relates to the period of hearing time not used.

If a proceeding is settled, discontinued, abandoned, or determined before the hearing date, the Registrar must refund any prepaid hearing fee to the applicant or appellant (as applicable).

However, subclause (1) does not apply if a cross-appeal remains to be heard (see regulation 4F).

This regulation applies if a hearing involves 1 or more cross-appeals.

At the end of the hearing, the court—

A person (the applicant) otherwise responsible for the payment of a fee required in connection with a proceeding or an intended proceeding may apply to the Registrar for a waiver of the fee.

The Registrar may waive the fee payable by the applicant if satisfied,—

For the purposes of these regulations, an applicant is unable to pay the fee sought to be waived if—

For the purposes of these regulations, a proceeding that concerns a matter of genuine public interest is—

An application under subclause (1) must be made in a form approved for the purpose by the chief executive of the Ministry of Justice unless, in a particular case, the Registrar considers that an application in that form is not necessary.

The Registrar may, on application by a person who is awaiting the determination of an application under regulation 5(1) or section 160 of the Act, postpone the payment of the fee to which the application relates until the date on which the person is notified of the determination.

The Registrar may exercise the power under subclause (1) if satisfied that the person awaiting the determination of his or her application would be prejudiced if the matter to which the fee relates did not proceed before the determination.

An application under subclause (1) must be made in a form approved for the purpose by the chief executive of the Ministry of Justice unless, in a particular case, the Registrar considers that an application in that form is not necessary.

This regulation applies to a fee (the fee) that has been postponed under regulation 6.

If the effect of a determination under regulation 5 or section 160 of the Act is that the fee is not to be waived, the fee—

Following a determination that has the effect referred to in subclause (2), the person responsible for paying the fee may not take a step in the proceeding to which the fee relates unless the fee is paid.

This regulation has effect subject to regulation 6 during any period that the question of the waiver of the fee is the subject of a pending application under section 160 of the Act.

The Registrar may, on application made to him or her, refund a fee that has already been paid if satisfied that—

An application under subclause (1) must be made in a form approved for the purpose by the chief executive of the Ministry of Justice unless, in a particular case, the Registrar considers that an application in that form is not necessary.

The fees prescribed by these regulations are inclusive of goods and services tax.

These regulations do not apply to—

In respect of proceedings commenced before 1 July 2013,—