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Trade Marks Act 2002

Legal proceedings - Miscellaneous - Costs

167: Commissioner or court may require security for costs

You could also call this:

“You might need to pay money upfront for trademark cases”

If you’re involved in a legal case about trademarks in New Zealand, the person in charge (called the Commissioner) or the court might ask you to pay some money upfront. This is to make sure that if you lose the case, you can pay for the costs of the other person involved.

They might ask you to do this if you don’t live or work in New Zealand, or if they think you might not be able to pay if you lose. This money is called “security for costs”.

If you’re asked to pay this security and you don’t, the Commissioner or the court might decide to end your case. They will treat it as if you’ve given up and make a decision without you.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM165201.

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Part 4 Legal proceedings
Miscellaneous: Costs

167Commissioner or court may require security for costs

  1. The Commissioner or the court, as the case may be, may require a party to legal proceedings under this Act to give security for the costs of the proceedings if satisfied that—

  2. the party does not reside, and does not carry on business, in New Zealand; or
    1. there is reason to believe that the party will be unable to pay the costs of the other party if unsuccessful in the proceedings.

      1. If the party does not give the security required, the Commissioner or the court may treat the proceedings as abandoned by the party and determine the matter accordingly.

      Notes
      • Section 167: replaced, on , by section 132 of the Regulatory Systems (Economic Development) Amendment Act 2019 (2019 No 62).