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Senior Courts Act 2016

Rules of court and miscellaneous provisions - Provisions and rules of general application

178: Costs where intervener or counsel assisting court appears

You could also call this:

"Who pays costs when someone extra helps the court?"

Illustration for Senior Courts Act 2016

You are in a court case and someone extra appears to help the court. This person can be the Attorney-General or the Solicitor-General, or someone else. The court can decide who pays their costs. You can be asked to pay the costs of the Attorney-General or the Solicitor-General. The court can also decide that you or another party pays the costs of the other person who is helping the court. Sometimes, the person helping the court has to pay costs to you or another party. If the court decides that public funds are used to pay the costs, the court sends the order to the Ministry of Justice. The Ministry of Justice then pays the costs using money given by Parliament for this purpose, as seen in the related legislation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5759555.

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Crime and justice > Courts and legal help
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Part 6Rules of court and miscellaneous provisions
Provisions and rules of general application

178Costs where intervener or counsel assisting court appears

  1. This section applies to proceedings in any senior court or other court.

  2. If the Attorney-General or the Solicitor-General or any other person appears as an intervener or counsel to assist the court in any civil proceedings or in any proceedings on any appeal and argues any question of law or of fact arising in the proceedings, the court may, subject to the provisions of any other Act, make any order it thinks just—

  3. as to the payment by any party to the proceedings of the costs incurred by the Attorney-General or the Solicitor-General in so doing; or
    1. as to the payment by any party to the proceedings or out of public funds of the costs incurred by any other person in so doing; or
      1. as to the payment by the Attorney-General or the Solicitor-General or that other person of any costs incurred by any of those parties by reason of his or her so doing.

        1. If the court makes an order under subsection (2)(b), the Registrar of the court must forward a copy of the order to the chief executive of the Ministry of Justice who must make the payment out of money appropriated by Parliament for the purpose.

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