✨ District Courts Fees Order
May 9.] THE NEW ZEALAND GAZETTE. 1021
Abolishing Present Scale of Fees in District Courts, and fixing New Scale.
RANFURLY, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this sixth day of May, 1901.
Present:
His Excellency the Governor in Council.
WHEREAS it is expedient that the scale of fees now authorised to be taken in the several District Courts now or hereafter to be established under “The District Courts Act, 1858,” and the Acts amending the same, should be abolished, and a new scale fixed in lieu thereof:
Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of all powers and authorities vested in him in this behalf, and with the advice and consent of the Executive Council of the said colony, doth hereby abolish the scale of fees heretofore fixed and in use in respect of proceedings in any District Court as aforesaid, as and from the thirty-first day of May instant, and doth hereby fix the fees mentioned and specified in the Schedules A, B, C, D, and E hereto respectively; and doth direct that where under any existing Act or regulation it is provided that any fees are to be charged in accordance with the fees charged and paid in any proceedings in the District Court, the fees hereunder shall be deemed to be the fees referred to in such Act or regulation; and doth also hereby, with the like advice and consent, direct and appoint that the fees so fixed in the said Schedules shall, from the seventh day of June next, be the fees to be taken in respect of proceedings in any District Court as aforesaid.
SCHEDULE A.
The fees on probate or administration shall be the fees payable from time to time in that behalf in the Supreme Court.
SCHEDULE B.
APPEALS UNDER “THE MINING ACT, 1898,” AND AMENDMENTS THEREOF.
Filing certified copy of proceedings in Warden’s £ s. d. Court, inclusive of copy of notice of appeal .. 0 5 0 Filing statement of case on appeal (including copy of notice of appeal), and setting case down for hearing .. .. .. .. .. .. 0 10 0 Hearing any appeal .. .. .. .. .. .. .. 0 10 0 Order on appeal .. .. .. .. .. .. .. 0 10 0 Summons to witness (including seal) .. .. .. 0 2 0 Service of summons to witness—
If within two miles of Courthouse .. .. 0 3 0 For every extra mile, one way .. .. 0 1 0 Filing any notice of motion .. .. .. .. 0 2 0 Hearing any motion .. .. .. .. .. 0 5 0 Order on any motion (including seal) .. .. .. 0 6 0 Filing any affidavit .. .. .. .. .. .. 0 2 0 Filing any document not otherwise mentioned .. 0 3 0 Application for order for stay of proceedings on appeal .. .. .. .. .. .. .. 0 2 0 Order thereon (including seal) .. .. .. .. 0 5 0
SCHEDULE C.
APPEALS UNDER “THE MAGISTRATES’ COURTS ACT, 1893,” SECTION 165.
Filing certified copy of proceedings in Magistrate’s £ s. d. Court, inclusive of copy of notice of appeal .. 0 5 0 Filing statement of case on appeal (including copy of notice and grounds of appeal), setting case down for hearing, and forwarding copy of “Case on Appeal” to respondent .. .. .. .. .. 0 10 0 Hearing any appeal .. .. .. .. .. 1 0 0 Summons to witness (including seal) .. .. .. 0 2 0 Service of summons to witness—
If within two miles of Courthouse .. .. 0 3 0 For every extra mile, one way .. .. 0 1 0 Filing any notice of motion .. .. .. .. 0 2 0 Hearing any motion or application .. .. .. 0 5 0 Order on any motion or application .. .. .. 0 6 0 Filing any affidavit .. .. .. .. .. .. 0 2 0 Filing any document not otherwise mentioned .. 0 3 0
SCHEDULE D.
APPEALS UNDER “THE JUSTICES OF THE PEACE ACT, 1882,” AND AMENDMENTS THEREOF.
Filing notice of appeal, form of appeal, and entering case for hearing or rehearing .. 1 0 0 Amendment of grounds of appeal .. .. .. 0 10 0 Hearing appeal .. .. .. .. .. 1 0 0 Summons to witness (including seal) .. .. 0 2 0
Service of summons to witness—
£ s. d. If within two miles of Courthouse .. .. 0 3 0 For every extra mile, one way .. .. 0 1 0 Filing any affidavit or any document not otherwise mentioned .. .. .. .. .. .. 0 2 0
SCHEDULE E.
| In Cases under £100. | In Cases of £100 and under £200. | In Cases of £200 and over. | |
|---|---|---|---|
| s. d. | s. d. | s. d. | |
| Filing plaint | 5 0 | 8 0 | 10 0 |
| Certified copy of plaint note (including seal) | 1 0 | 1 0 | 1 0 |
| Issuing summons or other proceeding to judgment | 5 0 | 6 0 | 10 0 |
| Each additional summons where more than one defendant | 5 0 | 5 0 | 5 0 |
| Filing written statement of defence .. | 4 0 | 6 0 | 8 0 |
| Filing agreement, or minutes of agreement, between plaintiff and defendant, as to the amount of debt or claim to be recovered, with the conditions of payment | 5 0 | 10 0 | 15 0 |
| Hearing .. .. .. .. .. | 6 0 | 10 0 | 20 0 |
| Adjournment of hearing, when made on the application of a plaintiff or defendant | 5 0 | 5 0 | 5 0 |
| Entering up judgment or decree (including seal) | 5 0 | 10 0 | 15 0 |
| Issuing writ of execution against the goods (including seal) on amount for which execution issued | 3 0 | 5 0 | 10 0 |
| Issuing writ of execution or warrant of commitment against the person (including seal) on amount for which execution issued | 3 0 | 5 0 | 10 0 |
| Issuing any writ in the nature of a scire facias (including seal) on amount for which writ issued | 3 0 | 5 0 | 10 0 |
| Issuing warrant to bailiff to deliver possession to a plaintiff of premises recovered (including seal) on amount for which writ issued | 6 0 | 10 0 | 15 0 |
| For executing any writ of execution against the goods or person, also for executing warrant of possession of land, if within two miles of the Courthouse, on amount for which writ issued | 6 0 | 10 0 | 15 0 |
| For every summons to show cause, including any interpleader summons to the party making claim to the goods, whether before or after judgment, and filing same, if required (including seal) | 2 0 | 4 0 | 6 0 |
| Filing notice of grounds of appeal .. | 5 0 | 10 0 | 15 0 |
| Issuing certificate of payment by any execution debtor of debt and costs before discharge (including seal) | 2 0 | 4 0 | 6 0 |
| Filing copy of rule nisi, or of any summons for a certiorari, or a writ of prohibition from the Supreme Court | 5 0 | 10 0 | 15 0 |
| Filing decision or order of the Supreme Court | 5 0 | 10 0 | 15 0 |
| Filing order of the Supreme Court, with the issue in any cause directed by such Court to be tried in the District Court | 10 0 | 20 0 | 20 0 |
| Certificate to Registrar of Supreme Court of the result of such trial (including seal) | 5 0 | 10 0 | 15 0 |
| Transmitting certified copy of proceedings (where an officer of the District Court is plaintiff in his own Court) from such Court to the Clerk of any adjoining or other District Court (including seal) | 5 0 | 10 0 | 15 0 |
| Warrant for bringing prisoner up to give evidence (including seal) | 2 0 | 4 0 | 6 0 |
| Serving or executing any writ of arrest, injunction, writ of attachment, warrant, or writ otherwise not provided for, if within two miles of the Courthouse | 6 0 | 10 0 | 10 0 |
| For every application on or in relation to or arising out of any plaint not being a hearing | 3 0 | 6 0 | 10 0 |
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NZ Gazette 1901, No 46
✨ LLM interpretation of page content
⚖️ Abolishing Present Scale of Fees in District Courts and Fixing New Scale
⚖️ Justice & Law Enforcement6 May 1901
District Courts, Fees, Order in Council, Schedules, Legal Proceedings
- RANFURLY, Governor