✨ Amendment of Fees for Magistrates' Courts
Dec. 13.] THE NEW ZEALAND GAZETTE. 4489
Amending Table of Fees to be taken in respect of Proceedings under the Magistrates' Courts Act, 1908.
LIVERPOOL, Governor-General.
ORDER IN COUNCIL.
At the Government Buildings at Wellington, this tenth day of December, 1917.
Present:
THE HONOURABLE SIR JAMES ALLEN, K.C.B., PRESIDING IN COUNCIL.
IN pursuance and exercise of the powers and authorities conferred upon him by the Magistrates' Courts Act, 1908, His Excellency the Governor-General of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby revoke the table of fees as prescribed in Appendix D to the rules and regulations made under the said Act by Order in Council dated the thirty-first day of March, one thousand nine hundred and ten, and referred to in rule number sixty-six of the said rules and regulations, and in lieu thereof doth hereby prescribe the table of fees set forth in the Schedule hereto as the fees to be taken in respect of proceedings under the said Act; and doth declare that this Order in Council shall take effect as from the first day of February, one thousand nine hundred and eighteen.
SCHEDULE.
APPENDIX D.
FEES.
TABLE of FEES to be taken in respect of Proceedings under the Magistrates' Courts Act, 1908.
| Any Amount or where no Amount claimed. | Not exceeding £5. | Not exceeding £10. | Not exceeding £20. | Not exceeding £50. | Not exceeding £100. | Not exceeding £150. | Not exceeding £200. | |
|---|---|---|---|---|---|---|---|---|
| s. d. | s. | s. | s. | s. | s. | s. | s. | |
| Entering plaint, filing plaint-note, issuing summons, and service within two miles | .. | 3 | 5 | 10 | 15 | 20 | 25 | 30 |
| Entering plaint, filing plaint-note, issuing summons, and service within two miles, when application received by post (extra) | 1 0 | .. | .. | .. | .. | .. | .. | .. |
| Each additional summons and service when more than one defendant | 3 0 | .. | .. | .. | .. | .. | .. | .. |
| Reissue of summons under section 77, and service of same within two miles | 3 0 | .. | .. | .. | .. | .. | .. | .. |
| Issue of new summons under section 98, and service within two miles | 5 0 | .. | .. | .. | .. | .. | .. | .. |
| Hearing and judgment (either first or subsequent hearing) | .. | 3 | 5 | 10 | 15 | 20 | 25 | 30 |
| Hearing and judgment, if no amount claimed | 3 0 | .. | .. | .. | .. | .. | .. | .. |
| Judgment on confession, by consent (including filing or lodging of same) or by default (where no witness is sworn) | .. | 2 | 3 | 5 | 8 | 10 | 15 | 20 |
| Interlocutory summons, and service within two miles | 3 0 | .. | .. | .. | .. | .. | .. | .. |
| Summons to a witness in any proceeding under the Act | 2 0 | .. | .. | .. | .. | .. | .. | .. |
| Interpleader summons, and service within two miles, for each summons | 3 0 | .. | .. | .. | .. | .. | .. | .. |
| Filing notice of counterclaim (on amount of counterclaim) | .. | 2 | 3 | 5 | 8 | 10 | 15 | 20 |
| Filing notice of amended claim or counterclaim | 2 0 | .. | .. | .. | .. | .. | .. | .. |
| Adjournment of hearing or of examination of witnesses on application of party, by consent, or by Court, if Court orders payment of fee | .. | 1 | 2 | 2 | 3 | 3 | 4 | 4 |
| Application for examination of witnesses, and service of notice within two miles | .. | 3 | 3 | 3 | 4 | 4 | 5 | 5 |
| Extra notice and service on additional party, for each party | 3 0 | .. | .. | .. | .. | .. | .. | .. |
| Examination of witnesses under section 87, for each witness examined | 3 0 | .. | .. | .. | .. | .. | .. | .. |
| Certificate of costs allowed under section 89 | .. | 1 0 | .. | .. | .. | .. | .. | .. |
| Examination of judgment debtor or of sub-debtor on application for attachment of debts | 3 0 | .. | .. | .. | .. | .. | .. | .. |
| Hearing application for rehearing | 2 0 | .. | .. | .. | .. | .. | .. | .. |
| Filing agreement to give jurisdiction, or agreement not to appeal | 2 0 | .. | .. | .. | .. | .. | .. | .. |
| Order for reinstatement under section 95, or for new hearing under section 96 | 2 0 | .. | .. | .. | .. | .. | .. | .. |
| Order for rehearing of action under section 150 | .. | 1 | 2 | 3 | 4 | 5 | 8 | 10 |
| Order for rehearing of interlocutory proceeding under section 150 | 2 0 | .. | .. | .. | .. | .. | .. | .. |
| Order for production of documents | .. | 3 0 | .. | .. | .. | .. | .. | .. |
| Order on interpleader summons, to include hearing (on the value of goods claimed) | .. | 3 | 5 | 10 | 15 | 20 | 25 | 30 |
| Order of reference to arbitration | 5 0 | .. | .. | .. | .. | .. | .. | .. |
| Order giving leave to appeal | 5 0 | .. | .. | .. | .. | .. | .. | .. |
| Any order not otherwise mentioned, and all extra duplicates, each | 2 0 | .. | .. | .. | .. | .. | .. | .. |
| [NOTE.—The fee for any document includes one duplicate.] | ||||||||
| Certified copy of any judgment or order | 2 0 | .. | .. | .. | .. | .. | .. | .. |
| Every application to the Court not otherwise mentioned | 2 0 | .. | .. | .. | .. | .. | .. | .. |
| Swearing and filing affidavit (except affidavits of service) | 1 0 | .. | .. | .. | .. | .. | .. | .. |
| Filing any notice or document not otherwise mentioned, or entering any memorandum in respect to any case | 1 0 | .. | .. | .. | .. | .. | .. | .. |
| Warrant of distress, or to seize specific goods, and execution, within two miles (on amount for which execution issued) | .. | 3 | 4 | 5 | 7 | 10 | 15 | 20 |
| Writ of arrest, and execution, within two miles | .. | 5 | 5 | 5 | 7 | 10 | 15 | 20 |
| Warrant of committal, and execution, within two miles | .. | 5 | 5 | 5 | 7 | 10 | 15 | 20 |
| For search in any one action | 1 0 | .. | .. | .. | .. | .. | .. | .. |
| For general search | 3 0 | .. | .. | .. | .. | .. | .. | .. |
| Settling case for appeal, not exceeding five folios (1s. each additional folio) of seventy-two words | 10 0 | .. | .. | .. | .. | .. | .. | .. |
Next Page →
Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 1917, No 179
NZLII —
NZ Gazette 1917, No 179
✨ LLM interpretation of page content
⚖️ Amendment of Fees for Proceedings under the Magistrates' Courts Act, 1908
⚖️ Justice & Law Enforcement10 December 1917
Fees, Magistrates' Courts Act, Legal Proceedings, Schedule of Fees
- Liverpool, Governor-General
- The Honourable Sir James Allen, K.C.B., Presiding in Council