Reprint
as at 1 January 2015
District Courts Fees Regulations 2009
(SR 2009/318)
Anand Satyanand, Governor-General
Order in Council
At Wellington this 19th day of October 2009
Present:His Excellency the Governor-General in Council
Note
Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.
These regulations are administered by the Ministry of Justice.
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.
Contents
1 Title
2 Commencement
3 Application
3A Interpretation
3B Transitional provisions
4 Fees of court
4A Application of fee for item 11 (hearings)
5 Power to waive fees
6 Payment of fee may be postponed pending determination of application for waiver or review
7 Recovery of postponed fee
8 Power to refund fees
9 Prepayment of scheduling fees and estimated hearing fees
10 Failure to prepay scheduling fees or estimated hearing fees
10A Payment of balance of hearing fees if hearing exceeds estimated hearing time
10B Refund of prepaid hearing fees if hearing shorter than estimated hearing time
10C Refund of prepaid hearing fees if proceeding settled, discontinued, abandoned, or determined before hearing date
10D Hearing fees in proceedings involving counterclaims, cross-claims, claims against third or subsequent parties, or cross-appeals
10E Prepayment of judicial settlement conference fee
10F Failure to prepay judicial settlement conference fee
10G Refund of prepaid fee for judicial settlement conference that does not take place
11 GST included
12 Transitional and savings provision
Schedule 1
Fees payable in respect of proceedings in District Courts
Schedule 2
Transitional provisions relating to District Courts Rules 2014
Regulations
1 Title
These regulations are the District Courts Fees Regulations 2009.
2 Commencement
These regulations come into force on 20 November 2009.
3 Application
(1) These regulations apply to civil proceedings in a District Court.
(2) Nothing in these regulations applies to—
(a) applications under the following:
(i) the Harassment Act 1997:
(ii) the Accident Compensation Act 2001:
(iii) the Criminal Proceeds (Recovery) Act 2009:
(iiia) the Policing Act 2008:
(iv) the Immigration Act 2009:
(v) the Search and Surveillance Act 2012:
(vi) the Victims’ Orders Against Violent Offenders Act 2014; or
(b) matters under Part 6 of the Criminal Procedure Rules 2012 (access to court documents).
Regulation 3: replaced, on 1 July 2013, by regulation 4 of the District Courts Fees Amendment Regulations 2013 (SR 2013/213).
Regulation 3(2)(a)(iiia): inserted, on 1 July 2014, by regulation 4 of the District Courts Fees Amendment Regulations 2014 (LI 2014/178).
Regulation 3(2)(a)(v): amended, on 1 January 2015, by regulation 4(1) of the District Courts Fees Amendment Regulations (No 3) 2014 (LI 2014/346).
Regulation 3(2)(a)(vi): inserted, on 1 January 2015, by regulation 4(2) of the District Courts Fees Amendment Regulations (No 3) 2014 (LI 2014/346).
3A Interpretation
In these regulations, unless the context otherwise requires,—
actual hearing fee means the fee payable under item 11 of the fees table in respect of the actual hearing time
DCR means District Courts rule
District Courts Rules means the District Courts Rules 2014
document has the meaning given in DCR 1.4(1)
estimated hearing fee means the fee payable under item 11 of the fees table in respect of the estimated hearing time
estimated hearing time means the time allocated for a hearing and notified to the parties by the Registrar when written confirmation of the hearing date is given
fees table means the table in the Schedule
initiating document means,—
(a) [Revoked]
(b) in the case of an appeal or a cross-appeal, the notice of appeal or other document by which the appeal or cross-appeal is instituted; and
(c) in every other case, the first document (other than a caveat or an application for directions as to service) filed in the proceeding by the plaintiff that gives to the court and to the opposite party (if any) particulars of the claim made or of other relief sought by the plaintiff
item means a matter described in the third column, and with the reference number given in the second column, of the fees table
scheduling fee means the fee (if any) payable under item 10 of the fees table in respect of an application or proceeding
working day has the meaning given in DCR 1.4(1).
Regulation 3A: inserted, on 1 July 2013, by regulation 5 of the District Courts Fees Amendment Regulations 2013 (SR 2013/213).
Regulation 3A District Courts Rules: amended, on 1 July 2014, by regulation 5(1) of the District Courts Fees Amendment Regulations 2014 (LI 2014/178).
Regulation 3A document: amended, on 1 July 2014, by regulation 5(2) of the District Courts Fees Amendment Regulations 2014 (LI 2014/178).
Regulation 3A initiating document paragraph (a): revoked, on 1 July 2014, by regulation 5(4) of the District Courts Fees Amendment Regulations 2014 (LI 2014/178).
Regulation 3A working day: amended, on 1 July 2014, by regulation 5(3) of the District Courts Fees Amendment Regulations 2014 (LI 2014/178).
3B Transitional provisions
Transitional provisions relating to the amendments made by the District Courts Fees Amendment Regulations 2014 are set out in Schedule 2.
Regulation 3B: inserted, on 1 July 2014, by regulation 6 of the District Courts Fees Amendment Regulations 2014 (LI 2014/178).
4 Fees of court
(1) The fees payable for proceedings to which these regulations apply are those specified in the Schedule; and all those fees must be prepaid.
(2) Subclause (1) is subject to regulations 5, 6, and 10(1).
(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.
Regulation 4(2): amended, on 1 July 2013, by regulation 6 of the District Courts Fees Amendment Regulations 2013 (SR 2013/213).
Regulation 4(3): inserted, on 16 September 2013, by regulation 4 of the District Courts Fees Amendment Regulations (No 2) 2013 (SR 2013/387).
Regulation 4(4): inserted, on 16 September 2013, by regulation 4 of the District Courts Fees Amendment Regulations (No 2) 2013 (SR 2013/387).
Regulation 4(5): inserted, on 16 September 2013, by regulation 4 of the District Courts Fees Amendment Regulations (No 2) 2013 (SR 2013/387).
4A Application of fee for item 11 (hearings)
(1) The fee for item 11 applies in respect of the hearing of every application or proceeding, including—
(a) the hearing of every claim, counterclaim, cross-claim, and claim against a third or subsequent party; and
(b) the hearing of every appeal and cross-appeal; and
(c) the hearing of every interlocutory application; and
(d) the hearing of land valuation proceedings.
(2) [Revoked]
Regulation 4A: inserted, on 1 July 2013, by regulation 7 of the District Courts Fees Amendment Regulations 2013 (SR 2013/213).
Regulation 4A(2): revoked, on 1 July 2014, by regulation 7 of the District Courts Fees Amendment Regulations 2014 (LI 2014/178).
5 Power to waive fees
(1) 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 a Registrar for a waiver of the fee.
(2) The Registrar may waive the fee payable by the applicant if satisfied,—
(a) on the basis of one of the criteria specified in subclause (3), that the applicant is unable to pay the fee; or
(b) that the proceeding,—
(i) on the basis of one of the criteria specified in subclause (4), concerns a matter of genuine public interest; and
(ii) is unlikely to be commenced or continued unless the fee is waived.
(3) For the purposes of these regulations, an applicant is unable to pay the fee sought to be waived if—
(a) the applicant has been granted legal aid in respect of the matter for which the fee is payable; or
(b) the applicant has not been granted legal aid in respect of the matter for which the fee is payable and the applicant—
(i) is dependent for the payment of his or her living expenses on a benefit of a kind specified in any of paragraphs (a) to (e) and (j) of the definition of income-tested benefit in section 3(1) of the Social Security Act 1964; or
(ii) is wholly dependent for the payment of his or her living expenses on New Zealand superannuation under the New Zealand Superannuation and Retirement Income Act 2001 or a veteran's pension under the Veterans’ Support Act 2014; or
(iii) would otherwise suffer undue financial hardship if he or she paid the fee.
(4) For the purposes of these regulations, a proceeding that concerns a matter of genuine public interest is—
(a) a proceeding that has been or is intended to be commenced to determine a question of law that is of significant interest to the public or to a substantial section of the public; or
(b) a proceeding that—
(i) raises issues of significant interest to the public or to a substantial section of the public; and
(ii) has been or is intended to be commenced by an organisation that, by its governing enactment, constitution, or rules, is expressly or by necessary implication required to promote matters in the public interest.
(5) 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.
Regulation 5(3)(b)(ii): amended, on 7 December 2014, by section 278 of the Veterans’ Support Act 2014 (2014 No 56).
6 Payment of fee may be postponed pending determination of application for waiver or review
(1) A Registrar may, on application by a person who is awaiting the determination of an application under regulation 5(1) or section 123A of the District Courts Act 1947, postpone the payment of the fee to which the application relates until the date on which the person is notified of the determination.
(2) A 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.
(3) 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.
7 Recovery of postponed fee
(1) This regulation applies to a fee (the fee) that has been postponed under regulation 6.
(2) If the effect of a determination under regulation 5 or section 123A of the District Courts Act 1947 is that the fee is not to be waived, the fee—
(a) must be paid, without delay, to the Registrar; and
(b) is recoverable as a debt due to the Crown in any court of competent jurisdiction.
(3) 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.
(4) 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 123A of the District Courts Act 1947.
8 Power to refund fees
(1) A Registrar may, on application made to him or her, refund a fee that has already been paid if satisfied that—
(a) no application, under regulation 5, for a waiver of the fee was made; and
(b) the fee would have been waived, in accordance with regulation 5, had such an application been made; and
(c) the criteria that would have justified that waiver still apply at the date of the application for the refund.
(2) 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.
9 Prepayment of scheduling fees and estimated hearing fees
(1) An applicant must pay a scheduling fee no later than—
(a) 15 working days after the date on which the Registrar gives to the parties written confirmation of the date on which the hearing is scheduled to begin (the scheduled hearing date); or
(b) if the Registrar gives less than 15 working days' notice of the scheduled hearing date, a date specified by the Registrar.
(2) The applicant must pay an estimated hearing fee,—
(a) if the estimated hearing time is 10 days or less, no later than—
(i) 30 working days before the scheduled hearing date; or
(ii) if the Registrar gives less than 30 working days' notice of the scheduled hearing date, the date specified by the Registrar; or
(b) if the estimated hearing time is more than 10 days, no later than—
(i) 45 working days before the scheduled hearing date; or
(ii) if the Registrar gives less than 45 working days' notice of the scheduled hearing date, the date specified by the Registrar.
(3) 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.
(4) For the purpose of subclause (3), a proceeding does not constitute 2 or more proceedings by reason only that it involves—
(a) a claim and 1 or more counterclaims, cross-claims, or claims against a third or subsequent party; or
(b) an appeal and 1 or more cross-appeals.
Regulation 9: replaced, on 1 July 2013, by regulation 8 of the District Courts Fees Amendment Regulations 2013 (SR 2013/213).
10 Failure to prepay scheduling fees or estimated hearing fees
(1) If a scheduling fee or an estimated hearing fee is not paid in accordance with regulation 9, the Registrar may vacate the hearing.
(2) If the Registrar vacates a hearing under subclause (1), the Registrar must promptly notify the parties.
Regulation 10: replaced, on 1 July 2013, by regulation 8 of the District Courts Fees Amendment Regulations 2013 (SR 2013/213).
10A Payment of balance of hearing fees if hearing exceeds estimated hearing time
(1) If the actual hearing time exceeds the estimated hearing time, the applicant 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).
(2) Subclause (1) is subject to any order made under regulation 10D(2)(b)(ii).
Regulation 10A: inserted, on 1 July 2013, by regulation 8 of the District Courts Fees Amendment Regulations 2013 (SR 2013/213).
10B Refund of prepaid hearing fees if hearing shorter than estimated hearing time
If the actual hearing time is less than the estimated hearing time, the Registrar must refund to the applicant the portion of any prepaid hearing fee that relates to the period of hearing time not used.
Regulation 10B: inserted, on 1 July 2013, by regulation 8 of the District Courts Fees Amendment Regulations 2013 (SR 2013/213).
10C Refund of prepaid hearing fees if proceeding settled, discontinued, abandoned, or determined before hearing date
(1) If a proceeding is settled, discontinued, abandoned, or determined before the hearing date, the Registrar must refund any prepaid hearing fee to the applicant.
(2) However, subclause (1) does not apply if a counterclaim, cross-claim, claim against a third or subsequent party, or cross-appeal remains to be heard (see regulation 10D).
Regulation 10C: inserted, on 1 July 2013, by regulation 8 of the District Courts Fees Amendment Regulations 2013 (SR 2013/213).
10D Hearing fees in proceedings involving counterclaims, cross-claims, claims against third or subsequent parties, or cross-appeals
(1) This regulation applies if a hearing involves 1 or more counterclaims, cross-claims, claims against a third or subsequent party, or cross-appeals.
(2) At the end of the hearing, the court—
(a) may give a direction as to what portion of the scheduling fee and actual hearing fee each party is liable to pay; and
(b) may, in order to give effect to a direction under paragraph (a), make 1 or both of the following orders:
(i) an order that a party other than the applicant pay an amount to the applicant:
(ii) an order that a portion of the balance of the hearing fee payable under regulation 10A (if applicable) be paid by a party other than the applicant.
Regulation 10D: inserted, on 1 July 2013, by regulation 8 of the District Courts Fees Amendment Regulations 2013 (SR 2013/213).
10E Prepayment of judicial settlement conference fee
The plaintiff, applicant, or appellant (as applicable) must pay the fee for a judicial settlement conference no later than—
(a) 15 working days after the Registrar confirms the date of the judicial settlement conference to all parties to the proceeding; or
(b) if the Registrar confirms the date less than 15 working days before the judicial settlement conference, the date specified by the Registrar.
Regulation 10E: inserted, on 1 July 2014, by regulation 8 of the District Courts Fees Amendment Regulations 2014 (LI 2014/178).
10F Failure to prepay judicial settlement conference fee
(1) If the fee for the judicial settlement conference is not paid in accordance with regulation 10E, the Registrar may vacate the scheduled judicial settlement conference.
(2) If the Registrar vacates a judicial settlement conference under subclause (1), the Registrar must promptly notify the parties.
Regulation 10F: inserted, on 1 July 2014, by regulation 8 of the District Courts Fees Amendment Regulations 2014 (LI 2014/178).
10G Refund of prepaid fee for judicial settlement conference that does not take place
If a judicial settlement conference does not take place, the Registrar must refund any prepaid judicial settlement conference fee.
Regulation 10G: inserted, on 1 July 2014, by regulation 8 of the District Courts Fees Amendment Regulations 2014 (LI 2014/178).
11 GST included
The fees fixed by these regulations are inclusive of goods and services tax.
12 Transitional and savings provision
(1) In respect of proceedings commenced before 1 July 2013,—
(a) these regulations as in force immediately before 1 July 2013 apply in respect of any step taken before that date; and
(b) these regulations as in force on and from 1 July 2013 apply in respect of any step taken on or after that date.
(2) However,—
(a) item 12 of the fees table as in force immediately before 1 July 2013 continues to apply until immediately before the date on which regulation 11(3) of the District Courts Fees Amendment Regulations 2013 (the amendment regulations) comes into force; and
(b) item 13 of the fees table as in force immediately before 1 July 2013 continues to apply until immediately before the date on which regulation 11(2) of the amendment regulations comes into force; and
(c) item 14 of the fees table as in force immediately before 1 July 2013 continues to apply until immediately before the date on which regulation 11(5) of the amendment regulations comes into force.
Regulation 12: replaced, on 1 July 2013, by regulation 9 of the District Courts Fees Amendment Regulations 2013 (SR 2013/213).
Schedule 1
Fees payable in respect of proceedings in District Courts
r 4(1)
Schedule 1: replaced, on 1 July 2013, by regulation 10 of the District Courts Fees Amendment Regulations 2013 (SR 2013/213).
Category
Item
Matter for which fee is payable
Fee ($)
Documents initiating proceedings
1
Filing an initiating document (as defined in regulation 3A), unless a different filing fee is prescribed for that document elsewhere in the fees table
200
2
Filing a claim, an objection, an application, or other proceedings under section 21 of the Land Valuation Proceedings Act 1948
50
Interlocutory applications
3
Filing an interlocutory application (including an application for summary judgment and a review of a Registrar's decision unless a different filing fee is prescribed for that application elsewhere in the fees table—see items 19A and 19B),—
(a) in the case of an application made under DCR 5.44
no fee
(b) in the case of an application to vary, discharge, or suspend an attachment order made under section 84M of the District Courts Act 1947
no fee
(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
(c) in any other case
250
4
Filing an application under DCR 9.17 for an order that a witness be examined otherwise than at the time and place appointed for the hearing of the proceeding
180
Statements of defence and other documents in response
5
Filing—
(a) a statement of defence
75
(b) an amended statement of defence
75
(c) an amended statement of claim
75
(d) [Revoked]
(e) an appearance
75
6
Filing a counterclaim (which may include in the same document, for no additional fee, a statement of defence)
200
7
Filing the first affidavit filed by a party in answer to an affidavit filed in support of an interlocutory application for summary judgment
90
Other filing fees
8
[Revoked]
9
Filing an application for—
(a) default judgment (the fee for this item also covers sealing of the judgment)
90
(b) judgment as admission of facts (the fee for this item also covers sealing of the judgment)
90
(c) judgment for costs following a discontinuance of a statement of claim or counterclaim (the fee for this item also covers sealing of the judgment)
90
Scheduling
10
For scheduling the hearing date for an application or a proceeding,—
(a) in the case of an interlocutory application
no fee
(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
10A
Judicial settlement conference
900
Hearings (see regulation 4A)
11
Hearing fee for each half-day or part of a half-day after the first half-day
900
Attendance before Registrar
12
Attendance before a Registrar in an inquiry or a reference
400
13
Examination of witnesses by Registrar under an order of the court
400
Enforcing judgments
13A
Filing a judgment or an order for the payment of money under section 79(5C) of the District Courts Act 1947
30
13B
Filing a financial statement under section 84A of the District Courts Act 1947
65
13C
Filing an application for a financial assessment under section 84C of the District Courts Act 1947
80
13D
Filing an application for a financial assessment hearing under section 84E of the District Courts Act 1947
130
13E
Requesting service by an authorised process server of a summons to attend a financial assessment hearing issued under section 84E of the District Courts Act 1947
50
13F
Filing an application for an attachment order under section 84G(1)(c) of the District Courts Act 1947
50
13G
Filing an application for an order for contempt of enforcement proceedings under section 84O(3) of the District Courts Act 1947
200
13H
Requesting service by an authorised process server of a copy of an application and notification of the time and place for the hearing of that application that is required to be served under section 84OA(5) of the District Courts Act 1947
50
13I
Filing an application for 1 of the following, or more than 1 if applied for at the same time and in respect of the same execution address:(a) a warrant to seize property:
(b) a warrant for recovery of chattels:
(c) a warrant for recovery of land (including filing a possession order under section 106 of the Residential Tenancies Act 1986)
200
13J
Obtaining a warrant to seize property for the value of chattels under section 104(2) of the District Courts Act 1947
no fee
14
Filing an application under DCR 19.3 for an order that any party be examined, for each party
180
15
Filing an application for an interim charging order or a final charging order
250
16
Filing an affidavit in support of garnishee summons
250
16A
Filing a new address for service where service is by an authorised process server, or where execution of a warrant pursuant to Part 6 of the District Courts Act 1947 is by a bailiff or constable (provided that a maximum of 1 fee only may be added to the judgment debt)
50
17
For expenses of execution of any warrant of committal or writ of arrest
Note: For the purposes of this item, actual expenses means the actual expenses incurred by the bailiff or constable, including the costs of conveyance and lodging in prison of the person arrested
actual expenses
18
For storage, cartage, and removal of goods, advertising goods for sale, or auctioning or otherwise disposing of goods
actual and reasonable disbursements
19
For each person left in possession of any premises
Note: For the purposes of this item, fees, allowances, and expenses means fees, allowances, and expenses as allowed to a witness in accordance with the Witnesses and Interpreters Fees Regulations 1974
fees, allowances, and expenses
Applications under Trans-Tasman Proceedings Act 2010
19A
Filing 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:
250
(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)
Administrative fees
20
Sealing the original copy of any document
50
21
Issuing a certificate of judgment or order
50
22
Copying any document (other than a document specified in item 23)—
(a) for the first copy of any part or parts of the court file or any document relating to the proceeding that is provided to a party to the proceeding or that party's counsel
no fee
(b) where paragraph (a) does not apply,—
(i) for each black and white page
0.20
(ii) for each colour page
0.40
(iii) for documents in electronic form
actual and reasonable costs
23
Copying a judgment or order,—
(a) for the first copy provided to a party to the proceeding or that party's counsel
no fee
(b) where paragraph (a) does not apply
3
Searching and accessing court records
24
Searching or inspecting the formal court record kept in an office of a court (DCR 3.3)—
(a) for the first name or case searched
30
(b) for each additional name or case searched
5
25
Requesting access to a document under DCR 3.5(4), or applying under DCR 3.9 for permission to access documents, a court file, or the formal court record,—
(a) if a fee has been paid under item 24 in respect of the document, court file, or formal court record
no fee
(b) in any other case
30
Schedule 1 item 3: amended, on 11 October 2013, by regulation 4 of the District Courts Fees (Trans-Tasman Proceedings Act 2010—Australian Judgments) Amendment Regulations 2013 (SR 2013/348).
Schedule 1 item 3(a): amended, on 1 July 2014, by regulation 9(1) of the District Courts Fees Amendment Regulations 2014 (LI 2014/178).
Schedule 1 item 3(ba): inserted, on 11 October 2013, by regulation 4 of the District Courts Fees (Trans-Tasman Proceedings Act 2010—Australian Judgments) Amendment Regulations 2013 (SR 2013/348).
Schedule 1 item 4: amended, on 1 July 2014, by regulation 9(2) of the District Courts Fees Amendment Regulations 2014 (LI 2014/178).
Schedule 1 item 5(d): revoked, on 1 July 2014, by regulation 9(3) of the District Courts Fees Amendment Regulations 2014 (LI 2014/178).
Schedule 1 item 8: revoked, on 1 July 2014, by regulation 9(4) of the District Courts Fees Amendment Regulations 2014 (LI 2014/178).
Schedule 1 item 9: replaced, on 1 July 2014, by regulation 10 of the District Courts Fees Amendment Regulations 2014 (LI 2014/178).
Schedule 1 item 10(b): replaced, on 16 September 2013, by regulation 5 of the District Courts Fees Amendment Regulations (No 2) 2013 (SR 2013/387).
Schedule 1 item 10(c): inserted, on 16 September 2013, by regulation 5 of the District Courts Fees Amendment Regulations (No 2) 2013 (SR 2013/387).
Schedule 1 item 10(d): inserted, on 16 September 2013, by regulation 5 of the District Courts Fees Amendment Regulations (No 2) 2013 (SR 2013/387).
Schedule 1 item 10A: inserted, on 1 July 2014, by regulation 10 of the District Courts Fees Amendment Regulations 2014 (LI 2014/178).
Schedule 1 item 13A: inserted, on 14 April 2014, by regulation 11(1) of the District Courts Fees Amendment Regulations 2013 (SR 2013/213).
Schedule 1 item 13B: inserted, on 14 April 2014, by regulation 11(2) of the District Courts Fees Amendment Regulations 2013 (SR 2013/213).
Schedule 1 item 13C: inserted, on 14 April 2014, by regulation 11(2) of the District Courts Fees Amendment Regulations 2013 (SR 2013/213).
Schedule 1 item 13D: inserted, on 14 April 2014, by regulation 11(2) of the District Courts Fees Amendment Regulations 2013 (SR 2013/213).
Schedule 1 item 13E: inserted, on 14 April 2014, by regulation 11(2) of the District Courts Fees Amendment Regulations 2013 (SR 2013/213).
Schedule 1 item 13F: inserted, on 14 April 2014, by regulation 11(3) of the District Courts Fees Amendment Regulations 2013 (SR 2013/213).
Schedule 1 item 13G: inserted, on 14 April 2014, by regulation 11(4) of the District Courts Fees Amendment Regulations 2013 (SR 2013/213).
Schedule 1 item 13H: inserted, on 14 April 2014, by regulation 11(4) of the District Courts Fees Amendment Regulations 2013 (SR 2013/213).
Schedule 1 item 13I: inserted, on 14 April 2014, by regulation 11(5) of the District Courts Fees Amendment Regulations 2013 (SR 2013/213).
Schedule 1 item 13J: inserted, on 14 April 2014, by regulation 11(6) of the District Courts Fees Amendment Regulations 2013 (SR 2013/213).
Schedule 1 item 14: amended, on 1 July 2014, by regulation 9(5) of the District Courts Fees Amendment Regulations 2014 (LI 2014/178).
Schedule 1 item 16A: inserted, on 14 April 2014, by regulation 11(7) of the District Courts Fees Amendment Regulations 2013 (SR 2013/213).
Schedule 1 item 19A: inserted, on 11 October 2013, by regulation 4 of the District Courts Fees (Trans-Tasman Proceedings Act 2010—Australian Judgments) Amendment Regulations 2013 (SR 2013/348).
Schedule 1 item 19B: inserted, on 11 October 2013, by regulation 4 of the District Courts Fees (Trans-Tasman Proceedings Act 2010—Australian Judgments) Amendment Regulations 2013 (SR 2013/348).
Schedule 1 item 23(b): amended, on 1 August 2014, by regulation 4 of the District Courts Fees Amendment Regulations (No 2) 2014 (LI 2014/221).
Schedule 1 item 24: amended, on 1 July 2014, by regulation 9(6) of the District Courts Fees Amendment Regulations 2014 (LI 2014/178).
Schedule 1 item 25: amended, on 1 July 2014, by regulation 9(7)(a) of the District Courts Fees Amendment Regulations 2014 (LI 2014/178).
Schedule 1 item 25: amended, on 1 July 2014, by regulation 9(7)(b) of the District Courts Fees Amendment Regulations 2014 (LI 2014/178).
Schedule 2
Transitional provisions relating to District Courts Rules 2014
r 3B
Schedule 2: inserted, on 1 July 2014, by regulation 11 of the District Courts Fees Amendment Regulations 2014 (LI 2014/178).
(1) If, under Schedule 1 of the District Courts Rules 2014, the District Courts Rules 2009 (the 2009 rules) continue to apply to a proceeding, the District Courts Fees Regulations 2009 (as in force immediately before 1 July 2014) continue to apply to that proceeding, but only while the 2009 rules continue to apply to that proceeding.
(2) However,—
(a) if a notice of pursuit of claim or a notice of pursuit of counterclaim is filed on or after 1 July 2014, no filing fee is payable under the 2009 rules:
(b) if a notice of pursuit of claim or a notice of pursuit of counterclaim was filed before 1 July 2014 but as at 1 July 2014 a judicial settlement conference or a short trial has not taken place, then no fee is payable for whichever of the following is the first to occur on or after 1 July 2014:
(i) a judicial settlement conference:
(ii) a short trial:
(c) no filing fee is payable in respect of any of the items listed in clause 5(3) of Schedule 1 of the District Courts Rules 2014.
Rebecca Kitteridge,Clerk of the Executive Council.
Issued under the authority of the Legislation Act 2012.
Date of notification in Gazette: 22 October 2009.
Reprints notes
1 General
This is a reprint of the District Courts Fees Regulations 2009 that incorporates all the amendments to those regulations as at the date of the last amendment to them.
2 Legal status
Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.
3 Editorial and format changes
Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/ .
4 Amendments incorporated in this reprint
District Courts Fees Amendment Regulations (No 3) 2014 (LI 2014/346)
Veterans’ Support Act 2014 (2014 No 56): section 278
District Courts Fees Amendment Regulations (No 2) 2014 (LI 2014/221)
District Courts Fees Amendment Regulations 2014 (LI 2014/178)
District Courts Fees (Trans-Tasman Proceedings Act 2010—Australian Judgments) Amendment Regulations 2013 (SR 2013/348)
District Courts Fees Amendment Regulations (No 2) 2013 (SR 2013/387)
District Courts Fees Amendment Regulations 2013 (SR 2013/213)
