Waiver of Civil Fees

Information on how to apply for a waiver of civil Court fees

Many civil proceedings require the payment of fees to the Court before proceedings can begin.

Many civil proceedings require the payment of fees to the Court before proceedings can begin. Registrars and Deputy Registrars have the power to waive, refund or postpone some civil Court fees and enforcement fees in particular circumstances. This applies to those fees set in the Supreme Court, Court of Appeal, High Court and District Courts, such as filing fees and hearing fees.

This pamphlet does not provide information about waiver of fees in Family Courts or specialist tribunals, such as waiver of the fee for dissolution of marriage or the filing fee for the Customs Appeals Authority. Please note that legislation does not provide for Disputes Tribunal fees to be waived.

Who can apply to have a fee waived?

Anyone who is required to pay a fee under the regulations listed at the end of this pamphlet can apply for a waiver of fees.

What are the circumstances in which a fee can be waived or refunded?

The legal criteria for a waiver or refund of fees is as follows:

When the person responsible for paying the fee cannot do so; (for example, persons dependent on a benefit or New Zealand superannuation for payment of living expenses); or
When the case concerns a matter of genuine public interest and is unlikely to proceed if the fee has to be paid.

The Registrar/Deputy Registrar is likely to grant a waiver or refund on the grounds of inability to pay if he or she is satisfied that paying the fee would cause undue financial hardship.

The Registrar/Deputy Registrar may grant a waiver or refund on public interest grounds if he or she is satisfied that the case for which the fee is required has significance for a wider group than just the applicant and that it would not proceed if the applicant was required to pay the fee.

Examples of the type of case that might fall within the ‘public interest’ category include:

A charitable organisation taking a case that is likely to benefit a group of people; or
A case in a new area of law that is likely to clarify issues for the wider community.

However, it is the Registrar/Deputy Registrar’s decision as to whether or not any application meets this criteria.

What if I have been granted legal aid?

If you have been granted legal aid, you are automatically eligible to have your Court fees waived or, if you have paid the fees prior to being granted legal aid, to have the fees refunded. You may need to provide a copy of the notification you received from the Legal Services Agency if you are seeking a refund.

What if I have applied for legal aid, but have not yet heard the result?

If you have applied for both legal aid and a waiver of Court fees, the Registrar/Deputy Registrar may defer his or her decision regarding a waiver until the outcome of the legal aid application is known.

How do I apply for a waiver or refund of Court fees?

If you want to apply for your Court fees to be waived or refunded, you must make a formal application to the Registrar, using the approved application form. You can obtain a copy of the application form from your nearest Court, or you can download it from the Ministry of Justice website: www.justice.govt.nz.

It is important that you fill out the application form as accurately as possible. This means you will need to ensure that you read and follow the instructions on the form carefully. Please note the following points:

There are different forms, depending on whether you are applying as an individual or as an organisation.
The front section of the application form and the declaration must be completed in every case.

If you are applying for a fee waiver or refund because you cannot afford to pay the fees

You need to fill out the front section of the application form and Section A and Section D of the application form.

If you need to complete the ‘personal financial circumstances’ section, it is important that you do so as fully as possible to avoid delays in processing your application.

If you are applying for a fee waiver or refund on public interest grounds

You need to fill out the front section of the application form and Section B and Section D of the application form.

Note that the Registrar/Deputy Registrar can only waive your fees on public interest grounds if he or she is satisfied that there is a genuine public interest in the case proceeding and that the case would not proceed unless the fee was waived.

If you need to file the documents that require the fee (or proceed with some other fee-incurring step in the case) urgently

You need to fill out the front section of the application form and Section C and Section D of the application form.

Note that if the Registrar/Deputy Registrar lets you file the documents without requiring payment of fees and then declines your fee waiver application, you will have to pay the fees whether or not you proceed with your case. If you do not pay the fees, the Court may enforce the payment and you will not be able to progress the case further until the fees are paid.

Making a declaration

You must complete Section D of the application form before the Registrar/Deputy Registrar can consider your application. This section is a declaration. A declaration is a legal document. By making this declaration before a Registrar/Deputy Registrar, you are saying that everything you have written on the form is true to the best of your knowledge.

What if I am unhappy with the Registrar’s/Deputy Registrar’s decision?

If you are not satisfied with a decision of the Registrar/Deputy Registrar in relation to your application for fee waiver or refund, you can have that decision reviewed by a Judge (or Associate Judge). A request for review should be made on the approved application form, which can be obtained from your nearest Court or from the Ministry of Justice website: www.justice.govt.nz .

Your application for review must be made within 20 working days after the date you were notified of the Registrar’s/Deputy Registrar’s decision. The Judge (or Associate Judge) may extend that time upon application, either before or after the expiry of those 20 days.

Where can I get further information?

Please ask at your local Court if you have any questions about the waiver or refund of Court fees. The telephone number is listed in the telephone directory’s Blue Pages under "Justice – Ministry of". Please note, however, that while Court staff are able to give general guidance and will be happy to give what assistance they can, they cannot give legal advice. If you need legal advice, you will be advised to see a lawyer.

This pamphlet is intended as a general guide only. If in doubt, please refer to the relevant legislation or consult your lawyer:

ss39 & 40, Supreme Court Act 2003
ss100A & 100B, Judicature Act 1908
ss123 & 123A, District Courts Act 1947
Supreme Court Fees Regulations 2003
Court of Appeal Fees Regulations 2001
High Court Fees Regulations 2001
Sheriffs’ Fees Regulations 1988
District Courts Fees Regulations 2001

Courts 061
Sep 2004