Court of Appeal Rules Amendment 2005

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PURSUANT to Section 102 of the Judicature Act 1980-81 as substituted by Section 2 of the Judicature Amendment Act 1981 and with the concurrence of the Rules Committee, His Excellency the Queen’s Representative, acting by and with the advice and consent of the Executive Council, hereby makes the following rules:

1. Title and Commencement - (1) These Rules may be cited as the Court of Appeal Rules Amendment 2005 and shall be read together with and deemed part of the Court of Appeal Rules 1981 (hereinafter referred to as “the principal Rules”).

2. New scale of fees substituted - The principal Rules are hereby amended by revoking the First Schedule thereto, and substituting it with the Schedule as set out in these Rules.

3. Value Added Tax - The fees specified in these Rules are inclusive of value added tax under the Value Added Tax Act 1997.

1.	Filing Notice of Motion of Appeal (Subject to s. 135 of the Criminal Procedure Act 1980-81)	$70
2. Filing- (i) Case $20 (ii) Any Motion $20 (iii) Any document not otherwise provided for $20		$20 $20 $20

3. Setting down case on appeal or on removal from the High Court		$30

4. Hearing case on appeal or on removal from the High Court: (i) For the first day or part thereof (ii) For each succeeding day or part thereof		$70 $30

5. Sealing – (i) Any Order or judgment (ii) Any certified copy of Order or judgment (iii) Any other document not otherwise provided for (iv) Any certified copy of such other document not otherwise provided for		$15 $15 $15 $15

9. Any matters not specified above: the fees payable in respect of similar matters in Civil proceedings in the High Court.

10A For the transmission of documents at the request of a party, by the use of a facsimile machine, if sent:- (a) within Rarotonga (i) First page (ii) In excess of 1 page but less than 20 pages (iii) In excess of 20 pages (b) within the Cook Islands (i) First page (ii) In excess of 1 page but less than 20 pages (iii) In excess of 20 pages (c) Outside the Cook Islands - (i) First page (ii) In excess of 1 page but less than 20 pages (iii) In excess of 20 pages		$2/p $1/p $0.50/p $3/p $2/p $1/p $5 $3/p $2/p

10B For the transmission of documents at the request of a party, by the use of a courier shall be the actual cost plus 10% to cover processing and handling expenses
10C For any teleconference made at the request of a party, the cost shall be the actual cost plus 10% to cover preparation.

11. Copy of judgment or order (other than copy supplied to a party to the proceedings)- (a) Not exceeding 5 pages (b) Exceeding 5 pages (c) Exceeding 20 pages		$10 $20 $30

12. Copy of any document other than judgment or order (other than copy supplied to a party to the proceedings) a) First page b) In excess of 1 page but less than 10 pages c) In excess of 10 pages		$3 $2/p $1/p

13. For certifying a copy of judgment or order or any other Court document any document a) Not exceeding 5 pages b) Exceeding 5 pages c) Exceeding 20 pages		$10 $20 $30

14. Search of Court records (including register and files relating to a particular proceeding) - for each search		$5

15. Checking any draft order		$10

Cook Islands Court Rules

Court of Appeal Rules Amendment 2005