(1) In preparing under regulation 6(1) and after 30 June 2012 a certified scale of fees, the Solicitor-General must determine, for the purposes of these regulations and of the certified scale of fees, the senior hourly rate of remuneration for each financial year to which the certified scale of fees is to apply.

(2) The senior hourly rate of remuneration determined under subclauses (1) to (5) (as in force before 1 July 2012), and in force immediately before 1 July 2012, continues in force, and applies or continues to apply in respect of claims for fees for work done before, on, or after 1 July 2012 in respect of criminal cases or civil matters, until it is replaced by a new rate determined under subclause (1) (as replaced on 1 July 2012).

(3) After 30 June 2012 and until a replacement certified scale of fees is prepared and certified under regulation 6(1), the hourly rates prescribed in the certified scale of fees in force immediately before 1 July 2012 and prescribed for the purposes of regulation 15(2)(c) (as in force before 1 July 2012) must be taken to be the hourly rates prescribed for the purposes of regulations 14A(2)(b) and 15(2)(b) (as replaced on 1 July 2012).

(4) Subclause (3) does not limit the generality of subclause (2).

(5) [Revoked]

Where any work is undertaken by any counsel on instructions by the Solicitor-General or the Crown Solicitor, whether or not that counsel is a member or employee of the Crown Solicitor's practice, the Solicitor-General shall determine whether that counsel is to be regarded for the purposes of these regulations as a senior counsel, an intermediate counsel, or a junior counsel.

(1) The Solicitor-General may, before 1 July in any year, prepare and certify a scale of all regular fees claimable in accordance with these regulations, and shall forward a copy to each Crown Solicitor and each Registrar.

(2) Each of the following applies to each financial year until it is revoked and replaced under subclause (1):

• (a) the certified scale of fees in force immediately before 1 July 2012:

• (b) each scale of fees prepared and certified under subclause (1) after 30 June 2012.

The Solicitor-General may from time to time delegate to any officer of the Crown Law Office all or any of the powers exercisable by the Solicitor-General under these regulations.

(1) Subject to subclause (2), no Crown Solicitor or any member or employee of the Crown Solicitor's practice, shall accept employment, other than from the Crown, in any matter in which the Crown is directly concerned, or appear against the Crown.

(2) The Solicitor-General may exempt a Crown Solicitor or Crown Solicitors from compliance with subclause (1) in a particular case or class of case generally.

The Solicitor-General may take any matter or business out of the hands of any Crown Solicitor, and may require that all deeds, instruments, and papers in that Crown Solicitor's hands relating to that matter or business shall be handed over to some other solicitor to be nominated by the Solicitor-General, or as the Solicitor-General shall direct.

No Crown Solicitor shall, as against the Crown in respect of any legal business performed by that Crown Solicitor for the Crown, have any lien upon any document, deed, or instrument of title, or upon any papers, being the property of the Crown, or any right to retain any fund or money in the Crown Solicitor's hands belonging to the Crown, in satisfaction of or by way of security for the payment of any claim for fees that the Crown Solicitor may have against the Crown.

Fees that a Crown Solicitor claims from the Crown must be—

• (a) assessed not on the ordinary solicitor and client basis, but under these regulations; and

• (b) claimed under regulation 14A so far as they are fees for work done after 30 June 2012 in respect of Crown Solicitor appropriation criminal cases; and

• (c) claimed under regulation 15 so far as they are fees for work done after 30 June 2012 in respect of—

  • (i) criminal cases that are not Crown Solicitor appropriation criminal cases; or

  • (ii) civil matters.

(1) This regulation applies to a fee claimed under the rest of these regulations by a Crown Solicitor after 30 June 2012 (whether for work done before, on, or after 30 June 2012 in respect of a criminal case or a civil matter) (the fee claimed) if the Solicitor-General—

• (a) is, under regulation 14A(4), to determine under this regulation the amount payable; or

• (b) is, under regulation 15(4), referred the invoice for the fee claimed to determine under this regulation the amount payable; or

• (c) is satisfied that the fee claimed (whether or not it could properly be claimed under the rest of these regulations) is inadequate or excessive having regard to exceptional circumstances.

(2) The Solicitor-General may authorise, instead of the fee claimed, any special fee (whether lesser or greater than the fee that could properly be claimed under the rest of these regulations) the Solicitor-General considers fair and reasonable.

(3) In determining whether to authorise under subclause (2) a special fee greater than the fee that could properly be claimed under the rest of these regulations, the Solicitor-General may have regard to the extent (if any) to which—

• (a) the Solicitor-General was so far as practicable notified promptly by or on behalf of the Crown Solicitor of—

  • (i) the work for which the special fee is claimed by the Crown Solicitor; and

  • (ii) every reason why the Solicitor-General might under subclause (2) authorise the special fee; and

• (b) the Crown Solicitor has complied with any current relevant guidelines issued under subclause (4).

(4) The Solicitor-General may for the purposes of this regulation issue guidelines relating to special fees.

(5) Subclauses (3) and (4) do not limit the generality of the Solicitor-General's discretion under subclause (2), and subclause (2) does not limit, and is not limited by, the Solicitor-General's discretion under regulation 26(2).

Nothing in these regulations shall preclude the Crown from submitting costs for taxation in the usual way.

Where a Crown Solicitor has recovered and received costs in any transaction or proceeding on behalf of the Crown, the Crown Solicitor shall pay the same into his or her practice's trust account and forward his or her practice's cheque, together with a description of the matter to which the cheque relates, to the government department from which the Crown Solicitor received instructions.

(1) A Crown Solicitor who has a claim against the Crown for fees under these regulations for work done after 30 June 2012 in respect of a Crown Solicitor appropriation criminal case must—

• (a) claim those fees at the rate or rates applicable when the work, or each part of the work, concerned was done or, as the case may be, as special fees payable only if authorised by the Solicitor-General under regulation 12; and

• (b) set out full particulars of the claim in an invoice prepared and signed by the Crown Solicitor; and

• (c) forward the invoice to the Solicitor-General.

(2) The Solicitor-General must (unless subclause (3) or (4) requires the Solicitor-General to do otherwise) approve the fees claimed as payable in accordance with these regulations if,—

• (a) so far as the fees claimed are subject to a maximum specified in, or are of a kind or kinds otherwise provided for in, the certified scale of fees, the Solicitor-General is satisfied that,—

  • (i) so far as they are required by these regulations to be fixed by reference to a maximum, they are fair and reasonable and do not exceed the maximum specified in the certified scale of fees:

  • (ii) so far as they are not required by these regulations to be fixed by reference to a maximum, they are correct in accordance with the certified scale of fees; and

• (b) so far as the fees claimed are not subject to a maximum specified in, or are not of a kind or kinds otherwise provided for in, the certified scale of fees, in the Solicitor-General's opinion they are fair and reasonable and do not exceed, for each hour actually involved,—

  • (i) in the case of a Crown Solicitor or senior counsel, the senior hourly rate of remuneration; or

  • (ii) in the case of an intermediate counsel, 80% of the senior hourly rate of remuneration; or

  • (iii) in the case of a junior counsel, 65% of the senior hourly rate of remuneration.

(3) The Solicitor-General must, however, approve a fee that is less than the fee claimed, but that the Solicitor-General nevertheless considers fair and reasonable, if, in the Solicitor-General's opinion,—

• (a) the time involved or the nature of the service actually performed in any case does not justify the payment of the fee claimed; or

• (b) the work occasioned in any transaction or proceeding is reduced by the fact that the transaction or proceeding is one of a number or series of transactions or proceedings that are similar, or that arise out of the same set of circumstances; or

• (c) the fee claimed appears to the Solicitor-General to be excessive in the light of the amount that, in the Solicitor-General's opinion, could properly be claimed under subclause (2), experience with comparable claims, or both.

(4) The Solicitor-General must, however, determine under regulation 12 the amount payable (instead of approving all, or the relevant part, of the invoice, under subclause (2) or (3)) if—

• (a) the fee claimed exceeds the amount that, in the Solicitor-General's opinion, could properly be claimed under subclause (2), and is claimed by reason of special circumstances; or

• (b) the Solicitor-General considers that the fee is not a proper fee to approve under subclause (2) or (3).

(5) The Solicitor-General must arrange the payment by the Crown Law Office of the following:

• (a) an invoice approved under subclause (2) or (3):

• (b) a special fee authorised under regulation 12 for work done in respect of a Crown Solicitor appropriation criminal case.

(1) A Crown Solicitor who has a claim against the Crown for fees under these regulations for work done after 30 June 2012 in respect of a criminal case that is not a Crown Solicitor appropriation criminal case, or for work done after 30 June 2012 in respect of a civil matter, must—

• (a) claim those fees at the rate or rates applicable when the work, or each part of the work, concerned was done or, as the case may be, as special fees payable only if authorised by the Solicitor-General under regulation 12; and

• (b) set out full particulars of the claim in an invoice prepared and signed by the Crown Solicitor; and

• (c) forward the invoice to a Registrar (as defined in regulation 2).

(2) The Registrar must (unless subclause (3) or (4) requires the Registrar to do otherwise) certify that the fees claimed are payable in accordance with these regulations if,—

• (a) so far as the fees claimed are subject to a maximum specified in, or are of a kind or kinds otherwise provided for in, the certified scale of fees, the Registrar is satisfied that,—

  • (i) so far as they are required by these regulations to be fixed by reference to a maximum, they are fair and reasonable and do not exceed the maximum specified in the certified scale of fees:

  • (ii) so far as they are not required by these regulations to be fixed by reference to a maximum, they are correct in accordance with the certified scale of fees; and

• (b) so far as the fees claimed are not subject to a maximum specified in, or are not of a kind or kinds otherwise provided for in, the certified scale of fees, in the Registrar's opinion they are fair and reasonable and do not exceed, for each hour actually involved,—

  • (i) in the case of a Crown Solicitor or senior counsel, the senior hourly rate of remuneration; or

  • (ii) in the case of an intermediate counsel, 80% of the senior hourly rate of remuneration; or

  • (iii) in the case of a junior counsel, 65% of the senior hourly rate of remuneration.

(3) The Registrar must, however, certify a fee that is less than the amount that, in the Registrar's opinion, could properly be claimed under subclause (2), but that is a lesser fee that the Registrar nevertheless considers fair and reasonable, and must certify on the invoice that the Registrar is doing so if, in the Registrar's opinion,—

• (a) the time involved or the nature of the service actually performed in any case does not justify the payment of the full fees set out in the certified scale of fees; or

• (b) the work occasioned in any transaction or proceeding is reduced by the fact that the transaction or proceeding is one of a number or series of transactions or proceedings that are similar, or that arise out of the same set of circumstances.

(4) The Registrar must, however, refer all, or the relevant part, of the invoice uncertified (along with a memorandum setting out the Registrar's reasons for referring all, or the relevant part, of the invoice) to the Solicitor-General to determine under regulation 12 the amount payable, if—

• (a) the fee claimed exceeds the amount that, in the Registrar's opinion, could properly be claimed under subclause (2), and is claimed by reason of special circumstances; or

• (b) the Registrar is in doubt as to whether the fee is a proper fee for the Registrar to certify.

(5) If the Registrar certifies the invoice under subclause (2) or (3), or receives a copy of the Solicitor-General's authorisation under regulation 12 of a special fee for work done in respect of a criminal case that is not a Crown Solicitor appropriation criminal case or in respect of a civil matter,—

• (a) the Registrar must return the certified invoice, or the copy of the authorisation of the special fee, to the Crown Solicitor for submission to the appropriate government department (for example, to the Crown Law Office if the invoice or the special fee is for work done by the Crown Solicitor for the Crown Law Office in respect of a criminal case that is not a Crown Solicitor appropriation criminal case); and

• (b) the appropriate government department's chief executive or other authorised certifying officer, if satisfied that the services charged for have been duly performed, must so certify and arrange payment.

Where it is necessary for a Crown Solicitor to transact Crown business at a distance from his or her usual place of business,—

• (a) the Crown Solicitor shall employ an agent unless, from the nature of the case or for special reasons, it is necessary that the Crown Solicitor himself or herself should transact the business; and

• (b) except for special reasons and with the approval of the Solicitor-General, or in pursuance of any existing departmental arrangement, the Crown Solicitor shall employ as agent in any town in which a Crown Solicitor has been appointed only that Crown Solicitor.

Where a Crown Solicitor employs an agent, the following fee shall be paid for preparing instructions:

• (a) where the instructions are prepared by the Crown Solicitor himself or herself, or by a senior counsel, a fee equal to the senior hourly rate of remuneration:

• (b) where the instructions are prepared by an intermediate counsel, a fee equal to 80% of the senior hourly rate of remuneration:

• (c) where the instructions are prepared by a junior counsel, a fee equal to 65% of the senior hourly rate of remuneration.

The following travelling expenses shall be allowed to a Crown Solicitor required to travel on Crown business more than 5 kilometres from his or her usual place of business:

• (a) fares paid for public transport, subject to the production of receipts for fares exceeding $20.00, and not fixed by law or readily ascertainable:

• (b) car allowance, where a private car is used, at the rate from time to time recommended by the State Services Commission as payable to employees of the Public Service:

• (c) subsistence expenses reasonably incurred by the Crown Solicitor during the period of absence from his or her residence, subject to the production of a receipt for any item in excess of $20.00, plus an incidentals allowance for each day or part of a day, at the rate from time to time recommended by the State Services Commission as payable to employees of the Public Service:

• (d) the cost paid for hiring a rental car if that cost together with subsistence expenses under this regulation and the special allowance provided for in regulation 19 does not exceed the total of the fares, subsistence expenses, and special allowance that would have been payable if public transport had been used.

(1) Subject to subclause (2), for each hour occupied on any day in travelling on Crown business, there shall be allowed in addition to the travelling expenses provided for by regulation 18, a special allowance at the following rate:

• (a) in the case of a Crown Solicitor or senior counsel, 66% of the senior hourly rate of remuneration:

• (b) in the case of an intermediate counsel, 53% of the senior hourly rate of remuneration:

• (c) in the case of a junior counsel, 43% of the senior hourly rate of remuneration.

(2) Such special allowance shall not be claimable in addition to any other payment for preparation or otherwise in respect of the same time.

(1) For preparation in respect of any trial, hearing, or interlocutory matter in respect of any criminal or civil matter before any court, commission, committee, board, authority, or other administrative tribunal remuneration may be claimed at the following rate per hour:

• (a) in the case of a Crown Solicitor or a senior counsel, the senior hourly rate of remuneration:

• (b) in the case of an intermediate counsel, 80% of the senior hourly rate of remuneration:

• (c) in the case of a junior counsel, 65% of the senior hourly rate of remuneration.

(1A) Subclause (1) is subject to subclauses (2) and (3).

(2) The maximum number of hours for which payment may be claimed under subclause (1) shall be as follows:

(3) Nothing in this regulation applies in respect of appeals against sentence from a District Court to the High Court, or to appearances on sentencing as provided in regulation 21(2).

(1) For appearance in respect of any trial or hearing, whether of a criminal or civil nature, before any court, commission, committee, board, authority, or other administrative tribunal remuneration may be claimed at the following rate, multiplied in each case by 4, for each half day or part of a half day:

• (a) in the case of a Crown Solicitor or a senior counsel, the senior hourly rate of remuneration:

• (b) in the case of an intermediate counsel, 80% of the senior hourly rate of remuneration:

• (c) in the case of a junior counsel, 65% of the senior hourly rate of remuneration.

(1A) Subclause (1) is subject to subclauses (2) to (4).

(2) For appearance in respect of interlocutory matters argued before trial or hearing, including applications for bail, and in respect of appearances on sentencing of prisoners in respect of each indictment or as the result of one committal hearing or committal for sentence, regardless of the number of prisoners or charges, there shall be paid remuneration at the following rate per hour:

• (a) in the case of a Crown Solicitor or a senior counsel, the senior hourly rate of remuneration:

• (b) in the case of an intermediate counsel, 80% of the senior hourly rate of remuneration:

• (c) in the case of a junior counsel, 65% of the senior hourly rate of remuneration.

(3) If more than 1 matter is dealt with on any appearance to which subclause (2) applies, only one fee shall be charged for the appearance and that fee to be apportioned between the different matters.

(4) Nothing in this regulation applies in respect of appeals against sentence from a District Court to the High Court.

For preparation and appearance in respect of an appeal against sentence only in the High Court, the following fee may be claimed:

• (a) where the appeal is brought by the person convicted, a fee equal to the senior hourly rate of remuneration multiplied by one and a half:

• (b) where the appeal is brought by the informant pursuant to section 115A of the Summary Proceedings Act 1957, a fee equal to the senior hourly rate of remuneration multiplied by 3.

Where a Crown Solicitor instructs counsel from outside the Crown Solicitor's own practice to appear on any prosecution or appeal (including preparing and presenting the indictment), the following fee may be claimed for preparing instructions:

• (a) where the instructions are prepared by the Crown Solicitor himself or herself, or by a senior counsel, a fee equal to 150% of the senior hourly rate of remuneration:

• (b) where the instructions are prepared by an intermediate counsel, a fee equal to 120% of the senior hourly rate of remuneration:

• (c) where the instructions are prepared by a junior counsel, a fee equal to 97.5% of the senior hourly rate of remuneration.

For attendance before a Registrar or Judge in the High Court or a District Court for the arrangement of fixtures and the discussion and settlement of related matters, a Crown Solicitor may claim a fee at such hourly rate as the Solicitor-General shall determine for the time actually spent in such attendance, one such fee being claimable regardless of the number of fixtures or other matters dealt with on the attendance.

In trials and appeals on a charge of murder in which second counsel is engaged, and in preliminary investigations of such charges where the Solicitor-General has authorised the engagement of second counsel, and in any other civil or criminal matter in respect of which the Solicitor-General has authorised the employment of second counsel, the remuneration claimable in respect of that second counsel, whether or not from the Crown Solicitor's own practice, for preparation and appearance shall be determined in accordance with the foregoing provisions of this Part as if the second counsel were acting as sole counsel.

(1) The claimable fee in any civil matter that is settled between the parties before the trial is either—

• (a) half of such amount as would have been awarded by the court as party and party costs in accordance with the appropriate court scale on the amount of the claim if the matter had gone to trial and had occupied 1 full day; or

• (b) a fee calculated in accordance with regulations 20 and 21,—

whichever is the greater.

(1A) Subclause (1) is subject to subclause (2).

(2) The Solicitor-General may, in any case to which subclause (1) of this regulation applies, fix a higher or lower fee than the fee that would otherwise be claimable in accordance with that subclause if, having regard to all the circumstances of the case including the amount of the claim, the Solicitor-General thinks such a different fee would be appropriate.

(3) Subclause (2) does not limit, and is not limited by, regulation 12(2).

Where, at the request of a court or an administrative tribunal, and with the prior approval of the Solicitor-General, a Crown Solicitor appears in any matter or action, or on any appeal, and argues any question of law or of fact arising in the matter, action, or proceedings, and the court makes no order as to the payment of the Crown Solicitor's costs pursuant to section 99A of the Judicature Act 1908, the fees claimable by that Crown Solicitor for preparation and appearance shall be determined in accordance with regulations 20 and 21 as if the Crown Solicitor were representing the Crown.

The fee to be allowed in respect of any instrument or dealing affecting any estate or interest of the Crown, or any person or body on behalf of the Crown, in land or property, whether payable by the Crown or by any other party, shall be a fair and reasonable fee calculated in accordance with the Principles of Charging set out in Part Two of the Costing and Conveyancing Practice Manual of the New Zealand Law Society as approved by the Council of that Society on 22 June 1984.

The fees prescribed in this Part are inclusive of all charges for attendances, correspondence, reports, searches, and investigation of title, but are exclusive of disbursements that comprise out-of-pocket expenses actually incurred by the Crown Solicitor.

Where, by the ordinary course of practice, the costs of preparing and completing any instrument or a counterpart of any instrument ought to be borne by one of the parties to the instrument, other than the Crown, the Crown Solicitor shall arrange that the costs properly chargeable to that party are recovered.

(1) Where it is necessary that any instrument should be executed on behalf of the Crown, the Crown Solicitor, in submitting it for execution, shall certify that he or she has perused or prepared the instrument and that in his or her opinion it is a proper instrument to be executed by or on behalf of the Crown.

(2) On the completion of any transaction affecting any estate or interest of the Crown or any person or body on behalf of the Crown in land, the Crown Solicitor shall deliver with the documents of title a certificate setting out the nature of the transaction and his or her opinion that it has been duly and properly completed.

Nothing in these regulations restricts the right of the Solicitor-General—

• (a) to appoint or instruct counsel other than a Crown Solicitor to represent Crown interests in any particular matter of legal business of the Crown; or

• (b) to appoint panels comprised of counsel other than Crown Solicitors to conduct prosecutions in particular regions; or

• (c) to require that any counsel who is a member of a panel of the kind described in paragraph (b) shall be instructed in relation to—

  • (i) any particular matter; or

  • (ii) any particular class of matters; or

  • (iii) any particular number of matters in a period of time specified by the Solicitor-General.

(1) The Crown Solicitors Regulations 1987 (SR 1987/58) are hereby revoked.

(2) The Crown Solicitors Regulations 1980 shall, notwithstanding their revocation by the Crown Solicitors Regulations 1981, continue to apply to work done on or after 1 April 1980, but before 1 April 1981.

(3) The Crown Solicitors Regulations 1981 shall, notwithstanding their revocation by the Crown Solicitors Regulations 1982, continue to apply to work done on or after 1 April 1981, but before 1 April 1982.

(4) The Crown Solicitors Regulations 1982 shall, notwithstanding their revocation by the Crown Solicitors Regulations 1985, continue to apply to work done on or after 1 April 1982, but before 1 April 1985.

(5) The Crown Solicitors Regulations 1985 shall, notwithstanding their revocation by the Crown Solicitors Regulations 1986, continue to apply to work done on or after 1 April 1985, but before 1 October 1986.

(6) The Crown Solicitors Regulations 1986 shall, notwithstanding their revocation by the Crown Solicitors Regulations 1987, continue to apply to work done on or after 1 October 1986, but before 1 April 1987.

(7) The Crown Solicitors Regulations 1987 shall, notwithstanding their revocation by subclause (1), continue to apply to work done on or after 1 April 1987 but before 1 August 1994.