Regulations for Legal Costs




Mar. 13.] THE NEW ZEALAND GAZETTE. 287

  1. Instructions respecting appeals will be given, and the costs thereof will be borne, by the department initiating the prosecution.

  2. The costs of proceedings on an appeal under the above Act, whether to the District Court or the Supreme Court, to be allowed shall not exceed £7 7s. This sum will include all the charges of the solicitor employed on behalf of the Crown, and also counsel’s fee, but will be exclusive of fees of Court and expenses of witnesses, if any, under Part III. (Title II.) of “The Justices of the Peace Act, 1882.”

  3. Witnesses for the Crown in such cases will be paid upon the same scale as in criminal prosecutions.

  4. The regulations under this head will apply whether the Crown be appellant or respondent; and if the conviction be affirmed, or judgment be otherwise obtained, no further costs will be claimed on behalf of the Crown than would be allowed under this scale.

  5. The costs to be allowed in prohibition cases under “The Justices of the Peace Act, 1882,” will be regulated by the scale applicable to civil proceedings in the Supreme Court under these regulations.

PART III.—CIVIL PROCEEDINGS.

(1.) In the Court of Appeal.

  1. The scale of costs to be allowed solicitors employed by the Crown in the Court of Appeal shall be such as may from time to time be in force under “The Court of Appeal Act, 1882.”

The regulations relating to costs in civil proceedings in the Supreme Court hereinafter contained shall, so far as applicable, apply to costs in the Court of Appeal.

(2.) In the Supreme Court.

  1. The scale of costs as between solicitor and client in cases where the Crown has to pay costs shall, subject to the terms of these regulations, be such as would be allowed in cases between party and party in the Supreme Court, according to the rules of practice and procedure for the time being in force under “The Supreme Court Act, 1882.”

  2. When the proceedings have terminated, the solicitor shall prepare an abstract of his costs and transmit the same to the Registrar of the Supreme Court, who shall forward it to the department directing the proceedings, with his certificate as to the number of witnesses subpoenaed or examined, Court fees paid, and other disbursements charged.

  3. Witnesses’ expenses will be allowed at the same rate as in civil cases between subject and subject.

  4. In all other cases not herein provided for, the scale of costs for the time being payable under the rules of practice and procedure as aforesaid shall be followed and observed as nearly as may be in all matters to which they may be applicable.

  5. If there are exceptional circumstances rendering it necessary that more than the usual scale should be allowed to any witness, the solicitor may make such additional allowance as he thinks reasonable, but the reason for the addition must be stated when the abstract of costs is rendered.

(3.) Inferior Courts.

  1. The costs payable to a solicitor employed by the Crown in all suits in the District Court shall, subject to these regulations, not exceed those which would be payable by a litigant party in such Court if unsuccessful.

Where the Crown is a party to several cases heard at the same sitting of the Court, such sum shall be fixed in each case as may be agreed upon between the head of the department directing the proceedings and the solicitor employed.

  1. The last-preceding regulation shall also apply to cases in Resident Magistrates’ Courts in their civil jurisdiction, and to cases in Wardens’ Courts held under “The Mining Act, 1886,” and not herein otherwise provided for.

(4.) Compensation Cases under “The Public Works Act, 1882.”

  1. The following shall be the scale of costs allowed to solicitors and counsel in respect of all proceedings to determine compensation payable by the Crown under “The Public Works Act, 1882,” and its amendments:—

Where the compensation claimed is under £100, a sum not exceeding £5.

Where it exceeds £100, then a like fee and £2 per centum on the sum claimed up to and including £2,500.

Where the sum claimed exceeds that amount, then a further fee of 1 per centum on the excess over £2,500 will be allowed, but so that the total fee payable shall not, unless specially authorised, exceed £100 in any one case.

This scale is exclusive of all Court fees, Assessors’ fees, witnesses’ expenses, and other actual disbursements.

  1. Where proceedings are taken under section 137 of “The Public Works Act, 1882,” the costs to be allowed shall be at the same rate as those paid in summary proceedings under these regulations.

  2. Where the Crown is respondent in a series of compensation cases arising in respect of any public work, the Minister for Public Works shall fix such sum by way of costs to be allowed to the solicitor employed, and the amount of fees to be allowed to counsel engaged, as may be agreed between the Minister and the solicitor.

PART IV.—CONVEYANCING.

  1. The costs to be allowed for the preparation and completion of any instrument for the conveyance of land, or any estate or interest therein, whether under “The Land Transfer Act, 1885,” or its amendments, or under “The Property Law Consolidation Act, 1883,” or its amendments, shall be a sum not exceeding £3 3s.

This sum is exclusive of any actual and necessary disbursements, but inclusive of all charges for attendances, searches, and investigation of title.

  1. Where printed forms of lease, bond, or other documents to which the Crown or any officer thereof is a party are procurable, and the costs of which are properly payable by the Crown, the same shall be filled up and completed at a charge not exceeding £1 1s.

  2. Where by the ordinary course of practice the costs of preparing and completing any instrument or a counterpart thereof ought to be borne by one of the parties thereto, solicitors will arrange that the costs properly chargeable to such party are paid by him.

  3. Where it is necessary to investigate titles to land, or any interest therein, without preparing instruments of title, the following fees will be allowed for each title investigated, viz.:—

£ s. d.
Under the Land Transfer Act, not exceeding .. 1 1 0
In other cases, not exceeding .. .. .. 3 3 0

These fees are intended to cover cases where land, or any interest therein, has been acquired, or agreed to be acquired, on behalf of the Crown, under the provisions of “The Public Works Act, 1882,” or otherwise, and it is necessary to settle the title before payment of purchase-money or compensation.

These fees are exclusive of actual out-pocket expenses, but inclusive of charges for searches, attendances, investigation of title, and report in writing thereon to the department instructing in the matter.

  1. Where an instrument is required to be registered or deposited, it shall be handed by the solicitor to some officer of the department instructing in the matter, with a memorandum to the effect that it is complete, and indicating where it ought to be registered or deposited. The like provision shall apply, mutatis mutandis, in cases under the Land Transfer Acts.

All deeds or instruments of title shall be sent to such department as the solicitor may be instructed.

W. R. RUSSELL.

Approved in Council.

ALEX. WILLIS,
Clerk of the Executive Council.


Light Gold Coins.

The Treasury,
Wellington, 11th March, 1890.

THE Imperial authorities having called in gold coins of the realm coined before the reign of Her present Majesty, which have become light by wear and tear, it is hereby notified for public information that, on behalf of the Treasury, the Bank of New Zealand, up to the third day of April next, at all places within the Provincial Districts of Westland and Nelson, and up to the tenth day of the same month at all other places in the colony where there is a branch or agency of the bank, will receive and pay for at its nominal value any such gold coin which is below the least current weight prescribed by law, and which has not been impaired, diminished, or lightened otherwise than by fair wear and tear; but no such coin will be received which has been defaced by having any name, word, device, or number stamped thereon, whether the coin has or has not been thereby diminished or lightened. Coins which are more than four grains below the standard weight will not be received: the standard weight of a sovereign is 123·274 grains, and of a half-sovereign 61·637 grains.

H. A. ATKINSON,
Colonial Treasurer.


Importation of New Zealand Sheepskins into South Australia prohibited.—Notice No. 288.

The Minister’s Office, Live Stock Branch,
Wellington, 27th February, 1890.

THE following Proclamation, made by the Governor of South Australia, is published for general information.

G. F. RICHARDSON.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1890, No 12





✨ LLM interpretation of page content

⚖️ Regulations for the Conduct of Legal Business (continued from previous page)

⚖️ Justice & Law Enforcement
3 March 1890
Regulations, Legal Costs, Crown Solicitors, Appeals, District Court, Supreme Court, Justices of the Peace Act, Court of Appeal, Civil Proceedings, Compensation Cases, Public Works Act, Conveyancing, Land Transfer Act, Property Law Consolidation Act
  • W. R. Russell
  • ALEX. WILLIS, Clerk of the Executive Council

💰 Light Gold Coins

💰 Finance & Revenue
11 March 1890
Gold Coins, Treasury, Bank of New Zealand, Westland, Nelson, Sovereign, Half-Sovereign, Standard Weight
  • H. A. Atkinson, Colonial Treasurer

🏭 Importation of New Zealand Sheepskins Prohibited

🏭 Trade, Customs & Industry
27 February 1890
Sheepskins, South Australia, Prohibition, Governor of South Australia, Live Stock Branch
  • G. F. Richardson