High Court Fees (Trans-Tasman Proceedings Act 2010—Australian Judgments) Amendment Regulations 2013

2013/349

Coat of Arms of New Zealand

High Court 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 100A of the Judicature Act 1908, 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 High Court 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

Note

In the note, after the item relating to law practitioners, insert:

Applications under Trans-Tasman Proceedings Act 2010Items 64A and 64B
Item 9

Replace “see items 35(b) and 47” with “see items 35(b), 47, 64A, and 64B”.

New items 64A and 64B

After item 64, insert:

Applications under Trans-Tasman Proceedings Act 2010  64AFiling 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
 64B

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 High Court Fees Regulations 2013 (the principal regulations). 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 the High 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.

An interlocutory application for review of a Registrar's decision is (see regulation 4, and item 7 of the Schedule, of the principal regulations) an exempt interlocutory application for which no filing fee is payable. No filing fee is therefore payable for 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.