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Last updated 25 June 2024

The following is for information only and is not to be relied on for any purpose, and should not be taken as reflecting the position of the judiciary.  Practitioners and other court users should employ professional judgment, and seek legal advice where appropriate.

Reform of the Costs Regime: Costs for Self-Represented Litigants

The Supreme Court, in its decision in McGuire v Secretary for Justice [2018] NZSC 116, indicated that it may be appropriate for the Rules Committee to reassess the continuing appropriateness of the rule prohibiting the award of costs to successful lay-litigants, and also the exceptions to that rule allowing costs to lawyers appearing in person and in-house counsel.

The Committee has drafted proposed amendments to the rules of the High Court, Court of Appeal and Supreme Court enabling self-represented litigants to claim costs upon success.  These proposed amendments are undergoing the concurrence process and, if promulgated by Cabinet, are expected to take effect in late 2024.

More information, and the consultation papers so far published, can be found on the project page.

If you are interested in details of the Committee's recent decisions, see the minutes of its previous meetings under "Committee Minutes".