District Courts Fees Amendment Regulations (No 2) 2013

2013/387

Coat of Arms of New Zealand

District Courts Fees Amendment Regulations (No 2) 2013

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 9th 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 Amendment Regulations (No 2) 2013.

2 Commencement

  • These regulations come into force on 16 September 2013.

3 Principal regulations
4 Regulation 4 amended (Fees of court)

  • After regulation 4(2), insert:

    • “(3) Despite regulation 4A, no hearing or scheduling fee may be charged for—

      • “(a) a hearing that—

        • “(i) is not opposed by the respondent; and

        • “(ii) takes place in a list sitting:

      • “(b) any portion of a hearing that takes place in a list sitting if the hearing—

        • “(i) is opposed by the respondent; and

        • “(ii) is adjourned to a specified date and time.

    • “(4) For the purposes of determining the hearing or scheduling fee for a hearing specified in subclause (3)(b), the first day or first half-day of the hearing is the day or half-day of the date specified in the adjournment.

    • “(5) In subclause (3), list sitting means a sitting in which different applications are sequentially called before a Judge or a Registrar of a District Court.”

5 Schedule amended

  • In the Schedule, replace item 10(b) with:

       

    • (b) in the case of an appeal to the District Court

    		 no fee
      

    • (c) in the case of a limited licence application under section 103 of the Land Transport Act 1998

    		 no fee
       

    • (d) in any other case

    		 900

Martin Bell,
for 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 16 September 2013, amend the District Courts Fees Regulations 2009 to ensure that the appropriate fees (if any) are incurred for applications that are heard in a list sitting.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 12 September 2013.

These regulations are administered by the Ministry of Justice.