Family Proceedings (Court Fee) Regulations 2004: revoked, on 18 May 2009, by regulation 11(2) of the Family Courts Fees Regulations 2009 (SR 2009/88).

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry of Justice.

Pursuant to section 187 of the Family Proceedings Act 1980, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1 Title

2 Commencement

3 Court fee

4 Fees in respect of proceedings in other courts

5 Goods and services tax included

6 Revocation

Regulations

1 Title

These regulations are the Family Proceedings (Court Fee) Regulations 2004.

2 Commencement

These regulations come into force on 1 April 2004.

3 Court fee

(1) A fee of $175 is payable for filing any of the following applications under the Family Proceedings Act 1980 in a District Court:
- (a) an application under section 27 (for a declaration whether according to the law of New Zealand a marriage or civil union is valid or a marriage or civil union has been validly dissolved):
- (b) an application under section 29 (for an order declaring a marriage or civil union to be void ab initio):
- (c) an application under section 32 (for an order declaring that the other party to a marriage or civil union is presumed to be dead and that the marriage or civil union is dissolved):
- (d) an application under section 37 (for an order dissolving a marriage or civil union).
(2) The fee must be prepaid.
(3) However, if it appears to the Registrar of a District Court that the payment of the fee, or of the fee in full, would cause undue hardship to the person liable to pay it, the Registrar may, under section 186(2) of the Family Proceedings Act 1980, remit—
- (a) the whole of the fee; or
- (b) any part of the fee that the Registrar thinks fit.
(4) No other fees are payable in respect of proceedings in a District Court under the Family Proceedings Act 1980 or the Family Proceedings Rules 1981.

Section 3(1)(a): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 3(1)(b): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 3(1)(c): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 3(1)(d): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

4 Fees in respect of proceedings in other courts

(1) The fee payable in respect of proceedings in a Family Court under the Family Proceedings Act 1980 is that prescribed by rule 421 of the Family Courts Rules 2002 (which is a fee of the same amount, and a fee payable for the same classes of applications, as the fee prescribed by regulation 3 of these regulations).

(2) The fees payable in respect of proceedings in the High Court or the Court of Appeal under the Family Proceedings Act 1980 are those prescribed by the High Court Fees Regulations 2001 and the Court of Appeal Fees Regulations 2001 respectively.

(3) The fees payable in connection with appeals or intended appeals to the Supreme Court under the Family Proceedings Act 1980 are those prescribed by the Supreme Court Fees Regulations 2003.

5 Goods and services tax included

The fee prescribed by regulation 3 is inclusive of goods and services tax.

6 Revocation

The Family Proceedings (Court Fee) Regulations 1998 (SR 1998/132) are consequentially revoked.

Diane Morcom,
Clerk of the Executive Council.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 4 March 2004.

1General
2Status of reprints
3How reprints are prepared
4Changes made under section 17C of the Acts and Regulations Publication Act 1989
5List of amendments incorporated in this reprint (most recent first)

Notes

1 General

This is a reprint of the Family Proceedings (Court Fee) Regulations 2004. The reprint incorporates all the amendments to the regulations as at 18 May 2009, as specified in the list of amendments at the end of these notes.

Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

2 Status of reprints

Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/legislation/reprints.shtml or Part 8 of the Tables of Acts and Ordinances and Statutory Regulations, and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:
- •omission of unnecessary referential words (such as “of this section” and “of this Act”)
- •typeface and type size (Times Roman, generally in 11.5 point)
- •layout of provisions, including:
  - •indentation
  - •position of section headings (eg, the number and heading now appear above the section)
- •format of definitions (eg, the defined term now appears in bold type, without quotation marks)
- •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)
- •position of the date of assent (it now appears on the front page of each Act)
- •punctuation (eg, colons are not used after definitions)
- •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly
- •case and appearance of letters and words, including:
  - •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)
  - •small capital letters in section and subsection references are now capital letters
- •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly
- •running heads (the information that appears at the top of each page)
- •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)

Family Courts Fees Regulations 2009 (SR 2009/88): regulation 11(2)

Relationships (Statutory References) Act 2005 (2005 No 3): section 12

Family Proceedings (Court Fee) Regulations 2004