Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698752850545.pdf (New Zealand)
Reprint as at 16 September 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 subpart 2 of Part 2 of the Legislation Act 2012 have been made in this 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.
1 r 1 4 4A 10A 10B 10C 10D 11 12 1 2 District Courts Fees Regulations 2009 Reprinted as at 16 September 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 5 6 7 7 7 8 9 9 9 10 10 10 11 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 16 September 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 16 September 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) 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.

(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) (b) is not opposed by the respondent; and takes place in a list sitting: a hearing that— (i) (ii) any portion of a hearing that takes place in a list sitting if the hearing— (i) (ii) is opposed by the respondent; and is adjourned to a specified date and time.
(4) (5) 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 spe- cified in the adjournment.

In subclause (3), list sitting means a sitting in which different applications are sequentially called before a Judge or a Regis- trar 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— 4 Reprinted as at 16 September 2013 District Courts Fees Regulations 2009 r 5 (a) (b) (c) (d) 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).

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) (2) 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,— (i) 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.
(ii) (b) (3) (b) 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) 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 5 r 6 District Courts Fees Regulations 2009 Reprinted as at 16 September 2013 (ii) 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 (iii) would otherwise suffer undue financial hardship if he or she paid the fee.
(4) 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) 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 6 Reprinted as at 16 September 2013 District Courts Fees Regulations 2009 r 9 of Justice unless, in a particular case, the Registrar considers that an application in that form is not necessary.

7 (1) (2) (3) (4) 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.
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— 7 r 10 District Courts Fees Regulations 2009 Reprinted as at 16 September 2013 (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.
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) 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.
(2) (3) (4) 10 (1) 8 Reprinted as at 16 September 2013 District Courts Fees Regulations 2009 r 10C (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 (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.
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).
9 r 10D District Courts Fees Regulations 2009 Reprinted as at 16 September 2013 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 12 (1) GST included The fees fixed by these regulations are inclusive of goods and services tax.
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) 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 10 Reprinted as at 16 September 2013 District Courts Fees Regulations 2009 Schedule (c) 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 Interlocu- tory applica- tions 1 2 3 4 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 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) 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 Fee ($) 200 50 no fee no fee 250 180 11 Schedule District Courts Fees Regulations 2009 Reprinted as at 16 September 2013 Category Item Matter for which fee is payable Fee ($) Statements of defence and other documents in response Other filing fees 5 Filing— 6 7 8 9 (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— (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 Scheduling 10 (b) 12 For scheduling the hearing date for an appli- cation or a proceeding,— (a) in the case of an interlocutory appli- cation in the case of an appeal to the District Court 75 75 75 75 75 200 90 900 900 90 90 no fee no fee Reprinted as at 16 September 2013 District Courts Fees Regulations 2009 Schedule Category Item Matter for which fee is payable Hearings (see regulation 4A) Attendance before Registrar Enforcing judgments (c) (d) in the case of a limited licence appli- cation under section 103 of the Land Transport Act 1998 in any other case 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 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 Fee ($) no fee 900 900 400 400 180 250 250 actual expenses actual and reasonable disburse- ments fees, al- lowances, and ex- penses 13 Schedule
 District Courts Fees Regulations 2009 Reprinted as at 16 September 2013 Category Item Matter for which fee is payable Administra- tive fees 20 21 22 Sealing the original copy of any document Issuing a certificate of judgment or order Copying any document (other than a docu- ment specified in item 23)— (a) for the first copy of any part or parts of the court file or any document re- lating to the proceeding that is pro- vided to a party to the proceeding or that party’s counsel where paragraph apply,— (i) for each black and white page does not (a) (b) (ii) (iii) for each colour page for documents in electronic form 23 Copying a judgment or order,— (a) (b) for the first copy provided to a party to the proceeding or that party’s counsel where paragraph (a) does not apply Searching and accessing court records 24 25 Searching or inspecting the formal court court record kept (DCR 3.13)— (a) for the first name or case searched in an office of a (b) for each additional name or case searched Requesting access to a document under DCR 3.15.4, or applying under DCR 3.19 for per- mission to access documents, a court file, or the formal court record,— (a) if a fee has been paid under item 24 in respect of the document, court file, or formal court record in any other case (b) Fee ($) 50 50 no fee 0.20 0.40 actual and reasonable costs no fee 10 30 5 no fee 30 Schedule 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 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 item 10(d): inserted, on 16 September 2013, by regulation 5 of the District Courts Fees Amendment Regulations (No 2) 2013 (SR 2013/387).

14 Reprinted as at 16 September 2013 District Courts Fees Regulations 2009 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.

15 Notes District Courts Fees Regulations 2009 Reprinted as at 16 September 2013 Reprints notes 1 2 3 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.

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, will have the status of an official version once issued by the Chief Parliamentary Counsel under section 17(1) of that Act.

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-conven- tions/.
4 Amendments incorporated in this reprint District Courts Fees Amendment Regulations (No 2) 2013 (SR 2013/387) District Courts Fees Amendment Regulations 2013 (SR 2013/213) 12 16 Wellington, New Zealand: Published under the authority of the New Zealand Government—2013