Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698835471169.pdf (New Zealand)
Reprint as at 1 July 2013 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 Pursuant to section 123 of the District Courts Act 1947, His Excel- lency the Governor-General, acting on the advice and with the con- sent of the Executive Council, makes the following regulations.
Contents 1 2 3 3A Title Commencement Application Interpretation Page 2 2 2 3 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry of Justice.
1 r 1 4 4A 10A 10B 10C 10D 11 12 1 2 District Courts Fees Regulations 2009 Reprinted as at 1 July 2013 Fees of court Application of fee for item 11 (hearings) Power to waive fees Payment of fee may be postponed pending determination of application for waiver or review Recovery of postponed fee Power to refund fees Prepayment of scheduling fees and estimated hearing fees Failure to prepay scheduling fees or estimated hearing fees Payment of balance of hearing fees if hearing exceeds estimated hearing time Refund of prepaid hearing fees if hearing shorter than estimated hearing time Refund of prepaid hearing fees if proceeding settled, discontinued, abandoned, or determined before hearing date Hearing fees in proceedings involving counterclaims, cross-claims, claims against third or subsequent parties, or cross-appeals GST included Transitional and savings provision Schedule Fees payable in respect of proceedings in District Courts 4 4 4 6 6 7 7 8 8 8 9 9 9 10 10 Regulations Title These regulations are the District Courts Fees Regulations 2009.
Commencement These regulations come into force on 20 November 2009.

3 (1) Application These regulations apply to civil proceedings in a District Court.
(2) Nothing in these regulations applies to— (a) applications under the following: 2 Reprinted as at 1 July 2013 District Courts Fees Regulations 2009 r 3A (i) (ii) (iii) (iv) (v) the Harassment Act 1997: the Accident Compensation Act 2001: the Criminal Proceeds (Recovery) Act 2009: the Immigration Act 2009: the Search and Surveillance Act 2012; 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).
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 2009 document has the meaning given in DCR 1.8 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 hear- ing 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) in the case of a proceeding commenced by notice of claim, the notice of claim in form 2 filed under DCR 2.10; and 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 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 (b) (c) item means a matter described in the third column, and with the reference number given in the second column, of the fees table 3 r 4 District Courts Fees Regulations 2009 Reprinted as at 1 July 2013 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 1.8.
Regulation 3A: inserted, on 1 July 2013, by regulation 5 of the District Courts Fees Amendment Regulations 2013 (SR 2013/213).

4 (1) (2) Fees of court The fees payable for proceedings to which these regulations apply are those specified in the Schedule; and all those fees must be prepaid.

Subclause (1) is subject to regulations 5, 6, and 10(1).

Regulation 4(2): amended, on 1 July 2013, by regulation 6 of the District Courts Fees Amendment Regulations 2013 (SR 2013/213).
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 the hearing of every appeal and cross-appeal; and the hearing of every interlocutory application; and the hearing of land valuation proceedings.
(2) However, the fee for item 11 does not apply to a short trial (as allocated under DCR 2.40) following the filing of a notice of pursuit of claim or counterclaim.

Regulation 4A: inserted, on 1 July 2013, by regulation 7 of the District Courts Fees Amendment Regulations 2013 (SR 2013/213).
(b) (c) (d) Power to waive fees 5 (1) A person (the applicant) otherwise responsible for the pay- ment of a fee required in connection with a proceeding or an intended proceeding may apply to a Registrar for a waiver of the fee.
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 that the proceeding,— (2) (b) 4 Reprinted as at 1 July 2013 District Courts Fees Regulations 2009 r 5 (i) (ii) on the basis of one of the criteria specified in sub- clause (4), concerns a matter of genuine public interest; and is unlikely to be commenced or continued unless the fee is waived.
(3) (4) 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 the applicant has not been granted legal aid in respect of the matter for which the fee is payable and the appli- cant— (i) (b) 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 is wholly dependent for the payment of his or her living expenses on New Zealand superannuation under the New Zealand Superannuation and Re- tirement Income Act 2001 or a veteran’s pension under the War Pensions Act 1954; or (ii) (iii) would otherwise suffer undue financial hardship if he or she paid the fee.
For the purposes of these regulations, a proceeding that con- cerns a matter of genuine public interest is— (a) a proceeding that has been or is intended to be com- menced to determine a question of law that is of signifi- cant interest to the public or to a substantial section of the public; or a proceeding that— (i) (b) raises issues of significant interest to the public or to a substantial section of the public; and has been or is intended to be commenced by an organisation that, by its governing enactment, constitution, or rules, is expressly or by neces- sary implication required to promote matters in the public interest.
(ii) 5 r 6 District Courts Fees Regulations 2009 Reprinted as at 1 July 2013 (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.
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 sat- isfied 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.
Recovery of postponed fee This regulation applies to a fee (the fee) that has been post- poned under regulation 6.

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.
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 123A of the District Courts Act 1947.
7 (1) (2) (3) (4) 6 Reprinted as at 1 July 2013 District Courts Fees Regulations 2009 r 9 Power to refund fees 8 (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 the fee would have been waived, in accordance with regulation 5, had such an application been made; and the criteria that would have justified that waiver still apply at the date of the application for the refund.
(b) (c) (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.
Prepayment of scheduling fees and estimated hearing fees 9 (1) An applicant must pay a scheduling fee no later than— (a) (b) 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 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 if the Registrar gives less than 30 working days’ notice of the scheduled hearing date, the date spe- cified by the Registrar; or (ii) (b) if the estimated hearing time is more than 10 days, no later than— (i) 45 working days before the scheduled hearing date; or if the Registrar gives less than 45 working days’ notice of the scheduled hearing date, the date spe- cified by the Registrar.
(ii) 7 r 10 (3) (4) 10 (1) (2) District Courts Fees Regulations 2009 Reprinted as at 1 July 2013 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 con- stitute 2 or more proceedings by reason only that it involves— a claim and 1 or more counterclaims, cross-claims, or (a) claims against a third or subsequent party; or an appeal and 1 or more cross-appeals.

(b) Regulation 9: replaced, on 1 July 2013, by regulation 8 of the District Courts Fees Amendment Regulations 2013 (SR 2013/213).
Failure to prepay scheduling fees or estimated hearing fees If a scheduling fee or an estimated hearing fee is not paid in accordance with regulation 9, the Registrar may vacate the hearing.

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 (1) (2) estimated hearing time 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).

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.
8 Reprinted as at 1 July 2013 District Courts Fees Regulations 2009 r 11 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, (1) discontinued, abandoned, or determined before hearing date If a proceeding is settled, discontinued, abandoned, or deter- mined 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, (1) cross-claims, claims against third or subsequent parties, or cross-appeals This regulation applies if a hearing involves 1 or more coun- terclaims, 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 para- graph (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: an order that a portion of the balance of the hear- ing fee payable under regulation 10A (if applic- able) 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).

(ii) 11 GST included The fees fixed by these regulations are inclusive of goods and services tax.
9 r 12 12 (1) District Courts Fees Regulations 2009 Reprinted as at 1 July 2013 Transitional and savings provision In respect of proceedings commenced before 1 July 2013,— these regulations as in force immediately before 1 July (a) 2013 apply in respect of any step taken before that date; and these regulations as in force on and from 1 July 2013 apply in respect of any step taken on or after that date.
(b) (2) However,— (a) (b) (c) 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 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 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 Fees payable in respect of proceedings in District Courts r 4(1) Schedule: 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 Documents initiating proceedings 1 2 Filing an initiating document (as defined in regulation 3A), unless a different filing fee is prescribed for that document elsewhere in the fees table Filing a claim, an objection, an application, or other proceedings under section 21 of the Land Valuation Proceedings Act 1948 Fee ($) 200 50 10 Reprinted as at 1 July 2013 District Courts Fees Regulations 2009 Schedule Category Item Matter for which fee is payable Fee ($) 3 Interlocu- tory applica- tions Filing an interlocutory application (including an application for summary judgment and a review of a Registrar’s decision),— (a) in the case of an application made under rule 5.41 of the High Court Rules (as applied by DCR 3.37.6) in the case of an application to vary, discharge, or suspend an attachment order made under section 84M of the District Courts Act 1947 in any other case (b) (c) Statements of defence and other documents in response Other filing fees Filing an application under DCR 3.24 for an order that a witness be examined otherwise than at the time and place appointed for the hearing of the proceeding Filing— (a) (b) (c) (d) (e) a statement of defence an amended statement of defence an amended statement of claim an amended notice of claim an appearance Filing a counterclaim (which may include in the same document, for no additional fee, a statement of defence) Filing the first affidavit filed by a party in answer to an affidavit filed in support of an interlocutory application for summary judg- ment Filing— (a) (b) a notice of pursuit of claim in form 6 of the District Courts Rules under DCR 2.17 a notice of pursuit of counterclaim in form 6CC of the District Courts Rules under DCR 2.27 Note: The fee for item 8 includes the claim allocation process and the short trial (DCR 2.40) or the judicial settlement conference (DCR 2.47) Filing— no fee no fee 250 180 75 75 75 75 75 200 90 900 900 11 Schedule District Courts Fees Regulations 2009 Reprinted as at 1 July
 2013 Fee ($) 90 90 no fee 900 900 400 400 180 250 250 actual expenses Category Item Matter for which fee is payable (a) (b) an application for judgment in form 6A of the District Courts Rules (the fee for this item also covers sealing of the judgment) an application for (for counterclaim) in form 6CCA of the District Courts Rules (the fee for this item also covers sealing of the judg- ment) judgment For scheduling the hearing date for an appli- cation or a proceeding,— (a) in the case of an interlocutory appli- cation in any other case (b) Hearing fee for each half-day or part of a half-day after the first half-day Attendance before a Registrar in an inquiry or a reference Examination of witnesses by Registrar under an order of the court Filing an application under DCR 15.3 for an order that any party be examined, for each party Filing an application for an interim charging order or a final charging order Filing an affidavit in support of garnishee summons 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 Scheduling 10 Hearings (see regulation 4A) Attendance before Registrar Enforcing judgments Reprinted as at 1 July 2013 District Courts Fees Regulations 2009 Schedule Category Item Matter for which fee is payable Administra- tive fees For storage, cartage, and removal of goods, advertising goods for sale, or auctioning or otherwise disposing of goods For each person left in possession of any premises Note: For the purposes of this item, fees, al- lowances, and expenses means fees, allow- ances, and expenses as allowed to a witness in accordance with the Witnesses and Inter- preters Fees Regulations 1974 Sealing the original copy of any document Issuing a certificate of judgment or order Copying any document (other
 than a docu- ment specified in item 23)— (a) for the first copy of any part or parts of the court file or any document re- lating to the proceeding that is pro- vided to a party to the proceeding or that party’s counsel where paragraph apply,— (i) for each black and white page does not (a) (b) (ii) (iii) for each colour page for documents in electronic form 23 Copying a judgment or order,— (a) (b) for the first copy provided to a party to the proceeding or that party’s counsel where paragraph (a) does not apply 24 Searching and accessing court records Searching or inspecting the formal court record kept court (DCR 3.13)— (a) for the first name or case searched in an office of a (b) for each additional name or case searched Fee ($) actual and reasonable disburse- ments fees, al- lowances, and ex- penses 50 50 no fee 0.20 0.40 actual and reasonable costs no fee 10 30 5 13 District Courts Fees Regulations 2009 Reprinted as at 1 July 2013 Category Item Matter for which fee is payable Fee ($) 25 Requesting access to a document under DCR 3.15.4, or applying under DCR 3.19 for per- mission 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 in any other case (b) no fee 30 Rebecca Kitteridge, Clerk of the Executive Council.
Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 22 October 2009.

14 Reprinted as at 1 July 2013 District Courts Fees Regulations 2009 Notes Contents 1 2 3 4 General Status of reprints How reprints are prepared Changes made under section 17C of the Acts and Regulations Publication Act 1989 List of amendments incorporated in this reprint (most recent first) 5 Notes 1 2 3 General This is a reprint of the District Courts Fees Regulations 2009.
The reprint incorporates all the amendments to the regulations as at 1 July 2013, as specified in the list of amendments at the end of these notes.

Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order.

For more information, see http://www.pco.parliament.govt.nz/reprints/.
Status of reprints Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment.

This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the prin- cipal enactment and its amendments are contained.

How reprints are prepared A number of editorial conventions are followed in the prep- aration of reprints.

For example, the enacting words are not included in Acts, and provisions that are repealed or revoked 15 Notes District Courts Fees Regulations 2009 Reprinted as at 1 July 2013 are omitted.
For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
Changes made under section 17C of the Acts and Regulations Publication Act 1989 Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice.

Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000.

Changes to legislative drafting style have also been made since 1997, and are ongoing.

To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legisla- tion reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the au- thority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint: • omission of unnecessary referential words (such as “of this section” and “of this Act”) typeface and type size (Times Roman, generally in 11.5 point) layout of provisions, including: • • indentation position of section headings (eg, the number and heading now appear above the section) format of definitions (eg, the defined term now appears in bold type, without quotation marks) format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”) • • • • 4 16 Reprinted as at 1 July 2013 District Courts Fees Regulations 2009 Notes • • • • • • • position of the date of assent (it now appears on the front page of each Act) punctuation (eg, colons are not used after definitions) Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly case and appearance of letters and words, including: • format of headings (eg, headings where each word formerly appeared with an initial cap- ital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter) small capital letters in section and subsection ref- erences are now capital letters • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accord- ingly running heads (the information that appears at the top of each page) format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chrono- logical).
List of amendments incorporated in this reprint (most recent first) District Courts Fees Amendment Regulations 2013 (SR 2013/213) 5 12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2013 17