Costs in Criminal Cases Act 1967

1: Short Title and commencement
1: This Act may be cited as the Costs in Criminal Cases Act 1967.
2: This Act shall come into force on 1 April 1968.
2: Interpretation
In this Act, unless the context otherwise requires,— costs court Crown organisation section 4 defendant Section 2 Crown organisation inserted 18 October 2002 section 19 Crown Organisations (Criminal Liability) Act 2002
3: Act to bind the Crown
This Act shall bind the Crown.
4: Costs of the prosecutor
1: Where any defendant is convicted by any court of any offence, the court may, subject to any regulations made under this Act, order him to pay such sum as it thinks just and reasonable towards the costs of the prosecution.
2: Where on the arrest of that person any money was taken from him the court may in its discretion order the whole or any part of the money to be applied to any such payment.
3: Where the court convicts any person and the
4: Any costs allowed under this section shall be specified in the conviction and may be recovered in the same manner as a fine.
5: If subsection (1) or subsection (3) applies and the defendant or person convicted is a Crown organisation convicted of an offence against the Building Act 1991 , the Building Act 2004 the Health and Safety at Work Act 2015 Resource Management Act 1991 1957 No 87 s 72(1), (4), (6) 1961 No 43 s 402(1), (4) Section 4(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 4(5) inserted 18 October 2002 section 20 Crown Organisations (Criminal Liability) Act 2002 Section 4(5) amended 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 4(5) amended 1 October 2009 section 162(2) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 4(5) amended 31 March 2005 section 414 Building Act 2004
5: Costs of successful defendant
1: Where any defendant is acquitted of an offence or where the charge
2: Without limiting or affecting the court's discretion under subsection (1), it is hereby declared that the court, in deciding whether to grant costs and the amount of any costs granted, shall have regard to all relevant circumstances and in particular (where appropriate) to—
a: whether the prosecution acted in good faith in bringing and continuing the proceedings:
b: whether at the commencement of the proceedings the prosecution had sufficient evidence to support the conviction of the defendant in the absence of contrary evidence:
c: whether the prosecution took proper steps to investigate any matter coming into its hands which suggested that the defendant might not be guilty:
d: whether generally the investigation into the offence was conducted in a reasonable and proper manner:
e: whether the evidence as a whole would support a finding of guilt but the charge
f: whether the charge
g: whether the behaviour of the defendant in relation to the acts or omissions on which the charge was based and to the investigation and proceedings was such that a sum should be paid towards the costs of his defence.
3: There shall be no presumption for or against the granting of costs in any case.
4: No defendant shall be granted costs under this section by reason only of the fact that he has been acquitted or that any charge
5: No defendant shall be refused costs under this section by reason only of the fact that the proceedings were properly brought and continued. 1957 No 87 s 72(2) 1961 No 43 s 402(3) Section 5(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 5(1) amended 29 June 2009 section 18 Summary Proceedings Amendment Act (No 2) 2008 Section 5(2)﻿(e) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 5(2)﻿(f) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 5(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
6: Costs of convicted defendant
Where any defendant is convicted but the court is of the opinion that the prosecution involved a difficult or important point of law and that in the special circumstances of the case it is proper that he should receive costs in respect of the arguing of that point of law, the court may, subject to any regulations made under this Act, order that he be paid such sum as it considers just and reasonable towards those costs.
7: Payment of defendant's costs
1: Subject to subsection (2), where any order is made under section 5 section 6
a: if the prosecution was conducted by or on behalf of the Crown, be paid by the chief executive of the Ministry of Justice
b: if the prosecution was not conducted by or on behalf of the Crown, be paid by the person who commenced the proceedings the District Court as if it were a fine
2: Notwithstanding the provisions of subsection (1) where a court is of the opinion that any person has acted negligently or in bad faith in bringing, continuing, or conducting a prosecution it may, in any order made under section 5
a: the government department, officer of the Crown, local authority, or public body on whose behalf that person was acting; or
b: if he was not so acting, by that person personally,— and in any such case costs shall not be paid under subsection (1) but shall be paid by, and may be recovered as a debt from, the government department, officer of the Crown, local authority, public body, or person specified in the order.
3: If an order under section 5 section 6 , the Building Act 2004 the Health and Safety at Work Act 2015 Resource Management Act 1991 Section 7(1)﻿(a) amended 1 October 2003 section 14(2) State Sector Amendment Act 2003 Section 7(1)﻿(a) amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995 Section 7(1)﻿(b) amended 1 March 2017 section 261 District Court Act 2016 Section 7(1)﻿(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 7(3) inserted 18 October 2002 section 21 Crown Organisations (Criminal Liability) Act 2002 Section 7(3) amended 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 7(3) amended 1 October 2009 section 162(3) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 7(3) amended 31 March 2005 section 414 Building Act 2004
8: Costs on appeals
1: Where any appeal is made pursuant to any provision of Part 6
2: No defendant or convicted defendant shall be granted costs under this section by reason only of the fact that his appeal has been successful.
3: No defendant or convicted defendant shall be refused costs under this section by reason only of the fact that the appeal was reasonably brought and continued by another party to the proceedings.
4: No Judge, Justice, or Community Magistrate is liable to costs just because an appeal is filed against a determination by that judicial officer.
5: If the court which determines an appeal is of opinion that the appeal includes any frivolous or vexatious matter, it may, if it thinks fit, irrespective of the result of the appeal, order that the whole or any part of the costs of any party to the proceedings in disputing the frivolous or vexatious matter shall be paid by the party who raised the frivolous or vexatious matter.
6: If the court which determines an appeal is of opinion that the appeal involves a difficult or important point of law it may order that the costs of any party to the proceedings shall be paid by any other party to the proceedings irrespective of the result of the appeal. 1957 No 87 s 140 1961 No 43 s 391 Section 8(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 8(4) replaced 1 July 2013 section 413 Criminal Procedure Act 2011
9: Party giving notice of appeal and not prosecuting may be ordered to pay costs
1: If a notice of appeal is given under Part 6
2: No costs incurred after notice has been given by the appellant abandoning the appeal shall be allowed. 1957 No 87 s 141 Section 9(1) replaced 1 July 2013 section 413 Criminal Procedure Act 2011
10: Enforcement of order as to costs made on an appeal
1: Where on the determination of any appeal either party is ordered to pay costs,—
a: the order as to costs shall, in the case of an appeal under Part 6 section 342 District Court
b: the amount of the costs shall be recoverable from the Crown where the party ordered to pay costs is the Crown or a person acting for or on behalf of the Crown.
2: Despite subsection (1), if, on the determination of any appeal to which a Crown organisation convicted of an offence against the Building Act 1991 , the Building Act 2004 the Health and Safety at Work Act 2015 Resource Management Act 1991 1957 No 87 s 142 Section 10(1)﻿(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 10(1)﻿(a) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 10(2) inserted 18 October 2002 section 22 Crown Organisations (Criminal Liability) Act 2002 Section 10(2) amended 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 10(2) amended 1 October 2009 section 162(4) Resource Management (Simplifying and Streamlining) Amendment Act 2009 Section 10(2) amended 31 March 2005 section 414 Building Act 2004
11: Order for costs made by the
High Any order made by the High Part 6 High Section 11 heading amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 11 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 11 amended 1 April 1980 section 12 Judicature Amendment Act 1979
12: Submissions and evidence
Before deciding whether to award costs under this Act the court shall allow any party who wishes to make submissions or call evidence on the question of costs a reasonable opportunity to do so.
13: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing the heads of costs that may be ordered to be paid under this Act:
b: prescribing maximum scales of costs that may be ordered to be paid under this Act:
c: prescribing the manner in which costs for which the Crown is liable shall be claimed from or paid by the Crown:
d: providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for the due administration thereof.
2: Any regulations made under this Act may—
a: apply scales of costs, fees, or expenses prescribed from time to time under other enactments:
b: delegate, or empower a court to delegate, to any person or officer the power to determine the costs to be allowed under any particular head.
3: Where any maximum scale of costs is prescribed by regulation, the court may nevertheless make an order for the payment of costs in excess of that scale if it is satisfied that, having regard to the special difficulty, complexity, or importance of the case, the payment of greater costs is desirable.
4: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 13(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
14: Consequential amendments and repeals
1: Amendment(s) incorporated in the Act(s)
2: The enactments specified in the Schedule
15: Saving
Nothing in this Act shall limit or affect the powers of any court under sections 106 108 Section 15 amended 30 June 2002 section 186 Sentencing Act 2002
16: Transitional provision
This Act shall apply to proceedings commenced on or after the date of the commencement of this Act and to proceedings commenced but not completed before that date.