These regulations are the High Court Fees Regulations 2001.

These regulations come into force on 15 October 2001.

In these regulations, unless the context otherwise requires,—

(1) These regulations apply to civil proceedings in the court.

(2) Nothing in these regulations applies to applications under the Criminal Proceeds (Recovery) Act 2009.

(1) The fees specified in the Schedule are payable, and must be taken by the proper officer of the court, in proceedings to which these regulations apply in respect of the matters so specified.

(2) A fee prescribed by subclause (1) in respect of a matter is not payable if another fee is payable in respect of that matter under any Act, regulation, Order in Council, or notice.

(3) No fees other than those specified in the Schedule are payable in the court in respect of—

• (a) any proceedings in the court to which these regulations apply; or

• (b) any caveat.

(4) Subclause (3) is subject to the Sheriffs' Fees Regulations 1988 and any provision contained in any Act, regulation, Order in Council, or notice that prescribes fees payable in the High Court.

(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), (h), 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 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 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.

(1) A Registrar may, on application by a person who is awaiting the determination of an application under regulation 6(1) or section 100B of the Act, 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.

(1) This regulation applies to a fee (the fee) that has been postponed under regulation 7.

(2) If the effect of a determination under regulation 6 or section 100B of the Act 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 7 during any period that the question of the waiver of the fee is the subject of a pending application under section 100B of the Act.

(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 6, for a waiver of the fee was made; and

• (b) the fee would have been waived, in accordance with regulation 6, had that 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.

If the liquidator of a company gives a Registrar a certificate stating that the company has no immediately available assets out of which to pay the full fees for a proceeding or matter relating to the liquidation of the company, no fee (other than sheriffs' fees and the fee referred to in item 1 of the Schedule for an application to put a company into liquidation) is payable in the High Court for that proceeding or matter.

(1) The plaintiff in a proceeding that is subject to case management under subpart 1 of Part 7 of the High Court Rules must pay the appropriate fee specified in item 6 of the Schedule by the earlier of the following days:

• (a) the working day before the commencement of the substantive hearing:

• (b) the 30th working day after the close of pleadings date for the proceeding.

(2) Despite subclause (1), the fee ceases to be payable if the Registrar is, before the day by which the fee must be paid, notified that the proceeding has been settled or discontinued or abandoned.

(3) This regulation is subject to regulations 6 and 7.

(1) The appellant in an appeal must pay the appropriate fee specified in item 7 of the Schedule by the earlier of the following days:

• (a) the working day before the commencement of the hearing of the appeal:

• (b) the tenth working day after the day on which the hearing date for the appeal is determined by, or under, a direction of the court.

(2) Despite subclause (1), the fee ceases to be payable if the Registrar is, before the day by which the fee must be paid, notified that the appeal has been settled or discontinued or abandoned.

(3) This regulation is subject to regulations 6 and 7.

(1) The plaintiff, applicant, or appellant (as the case requires) must prepay the appropriate hearing fee specified in item 8 or item 9 of the Schedule not later than the beginning of each half-day (or part of a half-day) of the hearing for which the fee is payable.

(2) If any fee that has been prepaid relates to 1 or more half-days of hearing time that is not in the end required, the Registrar must refund so much of the fee as relates to that hearing time.

(3) If the plaintiff's claim in a proceeding is determined, settled, or discontinued but a counterclaim remains to be heard, the party still requiring the hearing or the continuation of the hearing is responsible for the fee from the time when the plaintiff's claim is determined, settled, or discontinued.

(4) If 2 or more proceedings are to be tried together, hearing fees must be paid in respect of each proceeding unless the court otherwise directs.

(5) This regulation is subject to regulations 6 and 7.

The fees fixed by these regulations are inclusive of goods and services tax.

(1) The High Court Fees Regulations 1997 (SR 1997/332) are consequentially revoked.

(2) In respect of proceedings commenced before the date on which these regulations come into force, no further fee is payable under the High Court Fees Regulations 1997, and the appropriate fees, if any, set out in the Schedule of these regulations are payable in respect of any step taken on or after that date.