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Information about fees in the Employment Court

There are two types of fees in the Employment Court:

  • Filing fees (as listed in the Forms table below) are payable at the time of or before documents are filed. Please refer to the 'Ways to pay the fee' table below.
  • Hearing fees are payable after the hearing for each half day of hearing after the first day. The hearing fee for a half day hearing is currently $250.44. Generally it is the responsibility of the plaintiff/applicant to pay the hearing fees. The invoice for the hearing fees will be sent to that party or their representative. The Employment Court will no longer be accepting cheques from 1 June 2021.

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Ways to file documents and pay filing fees

FILE AND PAY

File and Pay(external link) is an alternative to filing applications and documents by email and paying fees by direct credit. The application types that can be filed through File and Pay can be found here: List of application types that can be filed through File and Pay.

Requirements:

  • We will accept PDF documents signed and dated.
  • The maximum size of an individual document is 50MB.
  • Up to 10 documents can be uploaded per filing, to the maximum total upload of 100MB.
  • If the document attracts a filing fee, you will be prompted to pay the associated fee and you will receive a receipt/tax invoice as confirmation of payment.
  • If the document does not attract a filing fee you will receive receipt with zero amount noted as paid.

Please note that the lodgement through File and Pay:

  • Will not be deemed accepted until registry staff have processed and accepted the documents.  If the filing is not accepted, the registry will contact you and any fee paid will be refunded.
  • Provides no ability to track the status of cases through the portal, tracking will continue in the usual way with the registry.
  • Does not constitute a waiver for filing hard copies of the applications and other documents.  Upon receipt of documents through File and Pay, the registry will advise you of  the number of hard copies required.  For any queries, please Contact us | Employment Court of New Zealand(external link).

BY EMAIL

The registry will still accept filing by email and payment of filing fees by direct credit.  If you know the name of the Court Registry Officer please email  the document to that person, or send t an email to the Registrar – please see Contact us | Employment Court of New Zealand(external link).

 The Registrar or Court Registry Officer will advise you of the number of hard copies required.

 To pay the fee by direct credit, follow the below instructions:

  • Pay the money into Westpac account 03-0049-0001063-00.
  • Include the reference 150000 + your surname or company name
  • Tell the appropriate Employment Court registry that you have made the payment.
  • It is the responsibility of the payer to confirm that the details of the payment are communicated to the registry staff in the appropriate Employment Court.
  • The inclusion of adequate identifying information on the payment is also the responsibility of the payer.

Please note: The application will not be able to be confirmed until receipt of the fee is confirmed as received, which would normally be on the morning of the next working day. However, once receipt of the fee is confirmed the application will be recorded as filed on the date the fee was paid.

IN PERSON OR BY POST

You can post your documents to the registry providing you have paid the filing fee and submitted proof of payment. 

You can file documents in person and pay the filing fee in cash or EFTPOS using a debit or credit card at the court counter (please do not send cash in the post).

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Information about forms in the Employment Court

The forms can be downloaded when selected from the below list in Word document.  Upon downloading please delete the red instructions from the Word document before filing.

Find out more about completing, filing and serving documents and paying the filing fee.

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Frequently used forms

FormFiling FeeNumber of copies required
Form 1: Statement of claim - challenge to Employment Relations Authority determination [DOC, 49 KB]
View example [PDF, 408 KB]
204.44 3
Form 1AA: Statement of claim - challenge in respect of dismissal of frivolous or vexatious proceedings [DOC, 55 KB] $204.44 3
Form 2: Statement of claim - other proceedings [DOC, 42 KB] $306.67 3
Form 2A: Application for leave [DOC, 46 KB] Free 3
Form 3: Application for special leave to remove matter to Employment Court [DOC, 33 KB] $204.44 3
Form 4: Statement of defence [DOC, 43 KB]
View example [PDF, 401 KB]
Free 3
Form 6: Notice requiring disclosure [DOC, 31 KB] Free (2)
Form 7: Objection to disclosure [DOC, 28 KB] Free (2)
Form 8: Challenge to objection to disclosure [DOC, 32 KB]
Note: when filing Form 8, you must also file two copies each of Forms 6 and 7
$102.22 2
Form 9: Application for verification order [DOC, 31 KB] $102.22 2
Form 13: Application for rehearing [DOC, 32 KB] $306.67 3
Form 14: Application for stay of proceedings [DOC, 41 KB] Free 3

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Other forms

FormFiling FeeNumber of copies required
Form 11: Plaintiff's management memorandum [DOC, 46 KB] Free 2
Form 12: Defendant's management memorandum [DOC, 46 KB] Free 2
Form 16: Charging document [DOC, 30 KB] Free 3
Affidavit or affirmation [DOC, 36 KB] Free 3
Affidavit of service [DOCX, 16 KB] Free 2
Notice of change of representation [DOC, 34 KB] Free 2
Notice of discontinuance [DOC, 36 KB] Free 2
High Court Form G31: Interlocutory application on notice [DOC, 34 KB] Free 3
High Court Form G32: Interlocutory application without notice [DOC, 44 KB] Free 3
High Court Form G33: Notice of opposition [DOC, 40 KB] Free 2

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Forms used when serving a defendant overseas (other than in Australia)

FormFiling FeeNumber of copies required
Form 2A: When used for an application for leave to serve statement of claim on an overseas party [DOC, 46 KB] $204.44 3
Form 2B: Request for service overseas [DOC, 31 KB] Free 2
Form 2C: Notice accompanying statement of claim served outside New Zealand [DOC, 28 KB] Free 2
Form 2D: Objection to Court's jurisdiction [DOC, 28 KB] Free 2

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Forms for a case involving a defendant in Australia (and the Trans-Tasman Proceeding Act 2010 applies)

From 11 October 2013, new arrangements for resolving civil disputes with people in Australia came into effect. Arrangements under the Trans-Tasman Proceedings Act 2010(external link) and associated Employment Court (Trans-Tasman Proceedings Act 2010) Amendment Regulations 2013 (external link)have made resolving civil disputes with people in Australia simpler, cheaper and more efficient.

Find out more about Trans-Tasman Proceedings (external link)

In addition to the Employment Court Regulations forms referred to in the tables above, the following forms should be used when a defendant (or in some cases, a witness) is in Australia and where the Trans-Tasman Proceedings Act 2010 applies:

FormFiling FeeNumber of copies required
TTPRR Form 1: Notice giving prescribed information for defendant served in Australia [PDF, 1.7 MB] Free 3
TTPRR Form 2: Defendant's application for stay of civil proceeding [PDF, 321 KB] Free 3
TTPRR Form 3: Request that New Zealand court determine defendant's application for stay of civil proceeding with hearing [PDF, 2.4 MB] Free 3
TTPRR Form 4: Request to appear remotely in hearing of defendant's application for stay of civil proceeding [PDF, 491 KB] Free 3

If you can't access these forms

If you can't use these forms in Microsoft Word or can't open the PDF, you can find them online in Employment Court Regulations 2000(external link)

Or go to the High Court Rules(external link)

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