Civil court fees
The New Zealand Law Society and New Zealand Bar Association say the Regulations Review Committee report on civil court
fee increases is of major constitutional significance. They have welcomed its recommendation that the Government
undertake a review of the increases to alleviate concern that the fees are impeding access to the courts.
In a joint statement, Law Society President Chris Darlow and Bar Association President Jim Farmer QC said: “We expect
the Government to take rapid and decisive action to correct a constitutional anomaly. Rationing access to justice by
high civil court fees is not acceptable.”
The presidents pointed to a vital finding the select committee made: “We consider that access to justice is so
fundamental that a move to use fees to ration access would require explicit legislative authority. Delegated legislation
would be an inappropriate instrument for implementing a policy of rationing access to justice.”
The Law Society and the Bar Association provided evidence to the committee that the increase in fees was having the
effect of rationing access to the courts. “We are gratified that these submissions have been accepted and thank the
committee for its work”, the presidents said.
They hoped the Government would respond favourably to the Regulations Review Committee recommendation and said the fee
increases for civil courts should be cut back in appropriate cases as identified by the committee.