✨ Order in Council Fee Schedule
2
THE NEW ZEALAND GAZETTE.
Given under the hand of His Excellency Sir
George Ferguson Bowen, Knight Grand
Cross of the Most Distinguished Order
of Saint Michael and Saint George,
Governor and Commander-in-Chief in
and over Her Majesty's Colony of New
Zealand and its Dependencies, and Vice-
Admiral of the same, at the Government
House, at Wellington; and issued under
the Seal of the said Colony, this seventh
day of January, in the year of our
Lord one thousand eight hundred and
sixty-nine.
Approved in Council.
FORSTER GORING,
Clerk of the Executive Council.
GOD SAVE THE QUEEN!
G. F. BOWEN, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this
seventh day of January, 1869.
Present:
HIS EXCELLENCY THE GOVERNOR IN COUNCIL.
WHEREAS by "The Divorce and Matrimonial
Causes Act, 1867," it is enacted that the Go-
vernor in Council may fix from time to time the fees
payable on all proceedings under the said Act:
Now, therefore, His Excellency Sir George Ferguson
Bowen, G.C.M.G., Governor of New Zealand, in
exercise and pursuance of the said power conferred
on him by the said Act, and with the advice and con-
sent of the Executive Council of New Zealand, doth
hereby order that the fees specified in the Schedule
hereto shall be payable on proceedings under the
said Act.
SCHEDULE.
FEES.
-
Citation.
-
Appearance.
-
Pleadings.
-
Evidence.
-
Protection Orders.
-
Questions for Jury.
-
Setting down.
-
Withdrawal.
-
Subpœna.
-
Hearing or Trial.
-
Judge's Notes.
-
Entering Decree, Verdict, or
Order. -
Orders.
-
Bill of Exceptions.
-
Citation.
On every citation ... ... ... £ s. d.
0 5 0
For settling citation, or an abstract thereof for
advertisement, or other advertisement:
If five folios of seventy-two words or under ... 0 2 6
If above five folios, for each additional folio or
part of a folio ... ... ... 0 0 3 -
Appearance.
On entering appearance ... ... ... 0 2 6
On amending appearance ... ... ... 0 2 6 -
Pleadings.
Filing a petition ... ... ... 0 5 0
Filing an answer ... ... ... 0 5 0
Filing a reply ... ... ... 0 5 0
Filing rejoinder or any further replication ... 0 5 0
Filing act on petition ... ... ... 0 5 0
Filing any writing to the act on petition by way of
answer, reply, rejoinder, or conclusion ... 0 5 0
Filing joinder in demurrer ... ... ... 0 5 0
On amending or reforming pleadings ... ... 0 2 6 -
Evidence.
Filing interrogatories (each set) ... ... 0 5 0
Filing deposition of each witness ... ... 0 2 6 -
Protection Orders.
Filing application for an order for the protection of
a wife's earnings and property ... ... 0 5 0
For entering the order on such application ... 0 5 0
For the order under seal of the Court ... ... 0 10 0
6.-Questions for Jury.
For settling the issues of fact to be tried by a Jury... 0 10 0
Filing parchment copy of the issues of fact as settled 0 2 6
Filing panel ... ... ... 0 2 6
7.-Setting down.
Setting a cause down for hearing or trial ... ... 0 5 0
8.--Withdrawal.
On withdrawal of a cause after same is set down for
hearing or trial, to be paid by the party at
whose instance it is withdrawn ... ... 0 5 0
9.-Subpœna.
On every subpœna ... ... ... 0,2 6
10.-Hearing or Trial.
On the hearing or trial of a cause:
From the party setting down the cause for
hearing or trial ... ... ... 1 10 0
If the hearing or trial continues more than one day,
for each day:
From the same party ... ... ... 1 0 0
-
Judge's Notes.
Producing the Judge's notes ... ... ... 0 5 0 -
Entering Decree, Verdict, or Order.
Entering sentence or final decree in a cause, to be
paid by the successful party ... ... 0 10 0
Entering verdict, if five folios of seventy-two words
or under ... ... ... 0 5 0
If exceeding five folios, for each additional folio or
part of a folio ... ... ... 0 1 0
Entering order for the examination of a witness or
witnesses ... ... ... 0 5 0
Entering any decree or order for alimony ... 0 5 0
Entering order directing how damages shall be
applied ... ... ... 0 5 0
Entering order providing for custody, maintenance,
or education of children, if five folios of seventy-
two words or under ... ... ... 0 5 0
Entering any order made under the authority given
by sections 27, 37, and 38, of "The Divorce and
Matrimonial Causes Act, 1867," if five folios of
seventy-two words or under ... ... ... 0 5 0
If either of the above orders exceed five folios, for
each additional folio or part of a folio ... 0 1 0
Entering any minute, order, or decree in the Court
Book other than minutes, orders, or decrees
specified ... ... ... 0 2 6
Entering any order of the Registrar of the Court, the
same fee as would be payable for entering a
similar order made by the Judge.
13.-Orders.
For any order issuing under the hand of the Judge
or of the Registrar, except orders made on
summons ... ... ... 0 5 0
14.-Bill of Exceptions.
Bill of exceptions signed by the Judge ... ... 0 5 0
15.-Commission or Requisition.
On every commission or requisition issuing under seal
of the Court ... ... ... 1 0 0
16.-Taking Evidence.
For taking the evidence of one or more witnesses
before the Registrar, and within three miles of
the Registrar's Office, for each day ... ... 3 3 0
If beyond that distance, for each day in addi-
tion to travelling expences ... ... 5 5 0
If for part of a day only, such smaller fee as
the Registrar in his discretion shall think
proper.
17.-References to the Registrars.
On each reference to ascertain the amount to be paid
or secured to a wife to cover her costs. For the
Registrar's attendance ... ... ... 0 5 0
For his report thereon ... ... ... 0 2 6
On each reference for any other inquiry before the
Registrar. For Registrar's attendance ... 1 0 0
For every hour or part of hour after the first
hour, a further fee of ... ... 0 10 0
For the Registrar's report, if five folios of
seventy-two words or under ... ... 0 5 0
If exceeding five folios, for every additional
folio or part of a folio ... ... 0 2 0
- Summonses.
On each summons ... ... ... 0 2 6
For an order on summons, including the entry of
same ... ... ... 0 2 6
If a final order in the cause ... ... 0 10 0
19.-Motions.
Final case for motion ... ... ... 0 5 0
- Commission or Requisition.
- Taking Evidence.
- References to the Registrars.
- Summonses.
- Motions.
- Writs.
- Appeals.
- Certificate.
- Filing.
- Searches.
- Office Copies and Extracts.
- Taxing Costs.
- Oaths.
- Proceedings not specifically
provided for.
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🏛️ Order in Council fixing fees payable under The Divorce and Matrimonial Causes Act, 1867
🏛️ Governance & Central Administration7 January 1869
Divorce, Matrimonial Causes Act 1867, Fees, Court Procedure, Order in Council
- Sir George Ferguson Bowen, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Governor and Commander-in-Chief in and over Her Majesty's Colony of New Zealand and its Dependencies, and Vice-Admiral of the same
- FORSTER GORING, Clerk of the Executive Council
- G. F. BOWEN, Governor
NZ Gazette 1869, No 1