District Courts Fees (Trans-Tasman Proceedings Act 2010—Australian Judgments) Amendment Regulations 2013

2013/348

Coat of Arms of New Zealand

District Courts Fees (Trans-Tasman Proceedings Act 2010—Australian Judgments) Amendment Regulations 2013

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 2nd day of September 2013

Present:
The Right Hon John Key presiding in Council

Pursuant to section 123 of the District Courts Act 1947, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title

  • These regulations are the District Courts Fees (Trans-Tasman Proceedings Act 2010—Australian Judgments) Amendment Regulations 2013.

2 Commencement

  • These regulations come into force on 11 October 2013.

3 Principal regulations
4 Schedule amended

  • Amend the Schedule of the principal regulations in the manner indicated in the Schedule of these regulations.

Schedule 
Schedule amended

r 4

Item 3

In item 3, after “a review of a Registrar's decision”, insert “unless a different filing fee is prescribed for that application elsewhere in the fees table—see items 19A and 19B”.

After item 3, paragraph (b), insert:

   

  • (ba) in the case of an application under rule 16 (review of Registrar's decision on application to register Australian judgment) of the Trans-Tasman Proceedings Regulations and Rules 2013

 no fee
New items 19A and 19B

After item 19, insert:

Applications under Trans-Tasman Proceedings Act 2010  19AFiling 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 judgment 100
 19B

Filing either of the following applications:

  • (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)

 250
       

Rebecca Kitteridge,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 11 October 2013, amend the District Courts Fees Regulations 2009. The amendments prescribe—

  • a new fee of $100 for filing an application under section 56 of the Trans-Tasman Proceedings Act 2010 to register in a District Court under subpart 5 of Part 2 of that Act a registrable Australian judgment; and

  • a new fee of $250 for filing specified applications under that Act that relate to registered Australian judgments.

The new filing fees are both inclusive of goods and services tax. The amendments also ensure that no fee is payable for filing an interlocutory application under rule 16 (review of Registrar's decision on application to register Australian judgment) of the Trans-Tasman Proceedings Regulations and Rules 2013.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 5 September 2013.

These regulations are administered by the Ministry of Justice.