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Senior Courts Act 2016

Rules of court and miscellaneous provisions - Costs

162: Jurisdiction of court to award costs in all cases

You could also call this:

"The court can decide who pays costs in a case"

Illustration for Senior Courts Act 2016

You can go to the High Court or see a Judge for civil or criminal cases. The court or Judge can decide about costs, even if the law does not say so. They can make orders about costs and make sure they are paid. You can get costs awarded to you, or you might have to pay them, it's up to the court or Judge. They can decide to take the costs from a fund or estate that is part of the case. The court or Judge has the power to make these decisions about costs.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5759519.

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Crime and justice > Courts and legal help
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161: Judge or Registrar may waive certain fees, or

"Asking a Judge to skip some court fees if you can't pay"

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Part 6Rules of court and miscellaneous provisions
Costs

162Jurisdiction of court to award costs in all cases

  1. If any Act confers jurisdiction on the High Court or a Judge of the High Court for the purpose of any civil proceedings or any criminal proceedings or any appeal, without expressly conferring jurisdiction to award or otherwise deal with the costs of the proceedings or appeal, jurisdiction to award and deal with those costs and to make and enforce orders relating to costs must be treated as also having been conferred on the court or Judge.

  2. Costs may be awarded or otherwise dealt with under subsection (1) at the discretion of the court or Judge, and may, if the court or Judge thinks fit, be ordered to be charged on or paid out of any fund or estate before the court.

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