Cook Islands - High Court Regulations

PURSUANT to Section 102 of the Judicature Act 1980-81 as substituted by Section 2 of the Judicature Amendment Act 1981 the Chief Justice exercising the functions of High Commissioner of the Cook Islands, pursuant to Article 7 of the Constitution acting by and with the advice and consent of the Executive Council hereby makes the following regulations:

1. Short Title and commencement
2. Application of regulations
3. New Scale of Court fees
4. New scale of solicitors’ costs
5. Witnesses’ and Interpreters fees, allowances and expenses
6. Costs in criminal proceedings
7. Witnesses’ and Interpreters’ fees, allowances and expenses in criminal proceedings
8. Fees for laying information in respect of criminal proceedings
9. Fees in proceedings in Land Division
Schedules

1. Short title and commencement - (1) These regulations may be cited as the High Court Fees, Costs and Allowances Regulations 1981.

(2) These regulations shall come into force on the 1st day of January 1982.

2. Application of regulations - These regulations shall apply to any proceedings in the High Court -

3. New Scale of Court fees prescribed - (1) The fees prescribed according to the scales set out in the First Schedule to these regulations shall be payable to the High Court and shall apply in respect of any proceedings commenced on or after the date of the coming into force of these regulations.

(2) In respect of any proceedings commenced before the date of the coming into force of these regulations no further fee shall be payable under the Schedule hereby revoked, and the appropriate fees, if any, set out in the new First Schedule shall be payable in respect of any step in the proceedings taken on or after that date.

4. New Scale of Solicitors' costs prescribed - (1) The costs prescribed according to the scales set out in the Second Schedule to these regulations shall be payable to the solicitors and shall apply in respect of any proceedings in the High Court commenced on or after the date of the coming into force of these regulations.

(2) In respect of any proceedings commenced before the date of the coming into force of these regulations, no further costs shall be payable under the Schedule hereby revoked, and the appropriate costs, if any, set out in the new Second Schedule shall be payable in respect of any step in the proceedings taken on or after that date.

5. Witnesses' and Interpreters' fees, allowances and expenses - The fees, allowances and expenses prescribed according to the scales set out in the Third Schedule to these regulations shall be payable to witnesses and interpreters and shall apply in respect of any proceedings in the High Court commenced on or after the date of the coming into force of these regulations.

6. Costs in criminal proceedings - There shall be payable to the Court the sum of $5.00 costs in respect of any criminal proceedings in the High Court commenced on or after the date of commencement of these regulations.

7. Witnesses and Interpreters fees, allowances and expenses in criminal proceedings - The fees allowances and expenses prescribed according to the scales set out in the Third Schedule to these regulations shall apply to witnesses and interpreters in respect of any criminal proceedings in the High Court commenced on or after the date of commencement of these regulations.

8. Fees for laying information in respect of criminal proceedings - Notwithstanding anything provided under any enactment regulations or rules, there shall be payable to the High Court by any person the sum of $2.00 for the laying of any one information.

9. Fees for proceedings in Land Division - (1) The fees prescribed in the Fourth Schedule to these regulations shall be payable to the Land Division of the High Court and shall apply in respect of any proceedings commenced on or after the date of the commencement of these proceedings.

(2) In respect of any proceedings commenced before the date of the coming into force of these regulations, no further fee shall be payable and the appropriate fee prescribed in the Fourth Schedule to these regulations shall be payable in respect of any step in the proceedings taken on or after that date.

2.*	Filing (on amount owing under judgment):

	(a) Application for judgment summons; or

	(b) Application for any warrant of distress, for recovery of specific chattels, or for recovery of land; or	10.00	10.00	15.00

	(c) Application for examination (irrespective of the number of persons to be examined); or

	(d) Affidavit in support of garnishee summons.

3.	Issue of certificate of judgment or order				2.00

4.	For search:

	In any one matter				0.50

	General search				1.00

5.	Copy of the Judge's or Justice's notes when notice of appeal has been lodged: for each page				0.20

6.	Copy of Judge's or Justice's notes in any other case or of Registrar's notes or of judgment or any document: for each page				0.50

7.	For expenses of execution of any warrant of committal or writ of arrest: The actual expenses incurred by the bailiff or constable, including the costs of conveyance and lodging in prison of the person arrested.

8.	For storage, cartage, and removal of goods, or advertising of goods for sale: Actual and reasonable disbursements.

9.	For each man left in possession of any premises: Fees, allowances, and expenses as allowed to a witness in accordance with the Third Schedule hereto. *NOTE – Where a claim for a sum of money is combined with the claim that is not for money, whether in the alternative or not, the fee payable under item 1 or item 2, shall be the highest fee applicable.

					$			c

1.	Filing notice of motion for probate or letters of administration				2.			00

2.	Filing any document not otherwise provided for				1.			00

3.	Sealing probate or letters of administration, or resealing pursuant to s. 50 of the Administration Act 1952-

			In an estate not exceeding $200		1.			00

			In an estate not exceeding $200 but not exceeding $1,000		2.			00

			In an estate exceeding $1,000 but not exceeding $2,000		6.			00

			In an estate exceeding $2,000 but not exceeding $6,000		10.			00

			And for each $2,000 or part thereof in excess of $6,000		2.			00

		The sealing fee is to be calculated upon the net value of the estate.

4.		Sealing probate pursuant to leave reserved, or letters of administration de bonis non, or any grant made subsequent to the original grant of probate or letters of administration Or such less sum as was paid upon the sealing of the grant in the first instance.		6.			00

5.		Sealing exemplification (probate or letters of administration)		4.			00

6.		Certificate of administration (under S.8A, Administration Act 1952)		1.			00

		HEARING FEE

1.		First day or part		10.			00

2.		Each subsequent day or part				5.	00

					Amount not Exceeding $100		Amount Exceeding $100 but not Exceeding $500		Amount Exceeding $500 but not Exceeding $1,500			Amount Exceeding $1,500
					$		$		$			$
1.	Preparing statement of claim (or counterclaim) in an action				8.00		13.00		21.00			27.00

2.	Preparing statement of defence where statement ordered by the Court, or where costs allowed				8.00		13.00		21.00			27.00

3.	Entering judgment where appearance is necessary but where no witness is called				10.00		15.00		20.00			25.00

4.	Appearance in undefended cases to obtain judgment where a witness is called				10.00		15.00		25.00			30.00

5.	Appearance in Court to conduct defended action				15.00		25.00		6% with minimum of $20

6.	Second and each subsequent day of hearing if certified for, not exceeding				10.00		15.00		20.00			25.00

7.		Preparing for hearing and entering judgment (if entered) in case in which claim or defence is not proceeded with				10.00		15.00		3% with minimum of $20

B. In Proceedings Where There is a Claim Other Than for a Sum of Money

8.				Preparing statement of claim or counterclaim or originating application			Not exceeding $20

9.				Preparing statement of defence where statement ordered by the Court, or where costs allowed			Not exceeding $20

10.				Appearance in an undefended action or an uncontested originating application			$5.00 to $15.00

11.				Appearance at the hearing of a defended action or contested originating application			$5.00 to $80.00

12.				Second and each subsequent day of hearing, if certified for			$5.00 to $25.00 per half day

C. In all Proceedings

											$
13.				Issuing garnishee proceedings							8.00

14.				Appearance to obtain an order on garnishee proceedings, where subdebtor does not dispute the debt							8.00

15.				Appearance in any interlocutory proceedings (other than garnishee proceedings), including the taking of evidence, or inquiries before the Registrar. Not exceeding per hour							15.00

16.				Preparing application for warrant of execution or warrant of committal							8.00

17.				Preparing application for examination of judgment debtor							8.00

18.				Appearance at examination of judgment debtor							8.00

19.				Preparing affidavit of documents, if certified for							3.00 to 25.00

20.				Preparing notice to produce documents, producing documents, or inspecting documents produced, if certified for							3.00 to 30.00

D. Judgment Summons

21.			Preparing application for judgment summons and affidavit in support								8.00

22.			Appearance in Court on behalf of judgment creditor or judgment debtor								10.00

1.	(1) To a witness attending to give evidence strictly as an expert, for every day when required to be absent from his usual place of business or residence, -

	(a)For a period that does not exceed 1 hour, a fee of not less than $4 but not more than $17;

	(b) For a period that exceeds 1 hour but does not exceed 5 hours, the fee prescribed by paragraph (a) of this subclause plus a fee of not less than $2.50 but not more than $15 for each additional hour;

	(c) For a period that exceeds 5 hours, a fee of not less than $15 but not more than $100.

	(2) In addition to the fees prescribed by subclause (1) of this clause, there may be paid to an expert witness a qualifying fee for any analysis, preparation of maps, plans, or reports, or other work necessarily undertaken in preparation of evidence, being such sum as the Court or paying officer considers fair and reasonable, but not exceeding $10 for the first hour engaged or $8 for every subsequent hour engaged.

2.	To an interpreter attending to provide an oral translation into English form any other language or from English into any other language, -

		$
	(a) For every day when required to be absent from his usual place of residence or business for a period not exceeding 3 hours Provided that unless paragraph (c) of this clause is applicable the fee prescribed by paragraph (b) of this clause may be allowed in any case where the Court or paying officer is satisfied that the witness or interpreter, because of his attendance at the Courthouse, will be absent from his work for a full day;	11.50

	(b) For every day on which attendance is required for a period exceeding 3 hours	23.00

	(c) For every day on which attendance is required for a period which exceeds 3 hours and which begins or ends after 6 p.m.	28.00

3.	To any other witness, not being a school child or a child under school age, -

	(a) For every day when required to be absent from his usual place of residence or business for a period not exceeding 3 hours Provided that the fee prescribed by paragraph (b) of this clause may be allowed in any case where the Court or paying officer is satisfied that the witness, because of his attendance at the Courthouse, will be absent from his work for a full day; (b) For every day on which attendance is required for a period exceeding 3 hours	6.50 13.00

4.	Notwithstanding the provisions of clause 1(1), clause 2, and clause 3 of this Schedule, if the Court or paying officer is satisfied that the witness or interpreter will suffer a loss of earnings as a result of travelling between his usual place of residence or business and the Courthouse for the purpose of giving evidence, the Court or paying officer may allow the appropriate fee under those provisions as if that witness or interpreter was in attendance at the Courthouse during the time when he was so travelling.

5.	For a written translation of any document into English from any other language or from English into any other language, the fee payable to the interpreter shall be such fee as the Court or paying officer thinks just and reasonable.

	B. Allowances

6.	To a witness or interpreter who is necessarily absent overnight from his usual place of residence -

	(a) Where the total period of absence does not exceed 24 hours (b) Where the total period of absence exceeds 24 hours, for each 6 hours or part thereof Provided that where a fare paid for travelling includes the cost of a sleeping berth on a plane or a ship, the period of absence for the purposes of this clause shall not include the time spent on the plane or ship; but there may be paid 75c for each meal necessary during that time and not covered by the fare: Provided also that where the Court or paying officer is satisfied that a witness or interpreter has been reasonably required to pay for accommodation at a rate higher than that specified in this paragraph, the amount paid may be the sum actually paid by the witness or interpreter, but not exceeding the amount payable under the foregoing provisions of this paragraph plus one-third thereof.	13.00 3.00

7.	Where a witness or interpreter is not necessarily absent overnight, the following meal allowances may be paid: (a) To a witness who is not entitled to fees under any of the provisions of clauses 1 to 4 of this Schedule: For every day when he is able to return to his usual place of residence before 7 p.m. For every day when he is not able to return to his usual place of residence before 7 p.m. (b) To a witness or an interpreter who is entitled to fees under any of the provisions of clauses 1 to 4 of this Schedule, for every day when he is not able to return to his usual place of residence before 7 p.m.	1.10 2.00 2.00

Travelling expenses shall be allowed as follows:

(a) The cost of travelling by such mode and class of public transport as the Court or paying officer considers reasonable having regard to the distance travelled, the age and health of the witness or interpreter, and any other relevant circumstances:

Provided that air fares shall not be allowed unless the Court or paying officer is satisfied that any extra expense occasioned by the use of air transport is justified in all the circumstances;

(b) Where no public conveyance is available, and the distance travelled exceeds 3 kilometres one way, an allowance at the rate of 8.5c a kilometre:

Provided that, in special circumstances, the Court or paying officer may allow the cost of travelling by taxi;

In any case where a public conveyance is available, an allowance at the rate of 8.5c a kilometre may be paid to a witness or interpreter using his own motor vehicle, or a vehicle hired for his personal use, if the total amount of fees, allowances, and expenses payable to that witness or interpreter and any other witnesses or interpreters travelling with him is not more than the total amount that would have been payable if he or they had travelled by public conveyance;

(d) A medical practitioner using his own motor vehicle or a motor vehicle hired for his personal use, whether a public conveyance is available or not, may be paid an allowance at the rate of 8.5c a kilometre:

Provided that, unless in special circumstances the Court or paying officer approves otherwise, the amount of mileage payable to the medical practitioner shall not exceed $16.

		Where claim is not for money	Amount not Exceeding $500	Amount Exceeding $500
		$	$	$
1.*	Filing:

	(a) Plaint note (or statement of claim); or

	(b) Counterclaim; or

	(c) Interpleader affidavit, of a person other than a defendant; or	10.00	10.00	15.00

	(d) Originating application.

	$

Filing any application	5.00
Filing any document not otherwise provided for	5.00
Sealing any order	5.00
Issuing any copy of any order under seal	5.00
Issuing any certified copy of any order	5.00
Filing a consent to adoption	2.00
Issuing summons to witness (for each witness)	2.00
Search of any record	1.00
Issuing a certified copy of Titles Register (per page or part thereof)	2.00
Issuing a copy of any minutes (per page or part thereof)	1.00