9

9. Enforcement fees prescribed (Act Pt. 3 and 4 and in connection with exercise of powers under enforcement warrant)

(1) The fees in Schedule 2 Division 1 are prescribed as enforcement fees for the purposes of Part 3 of the Act and are to be imposed on an alleged offender at the time indicated.

(2) The fees in Schedule 2 Division 2 are prescribed as enforcement fees for the purposes of Part 4 of the Act and are to be imposed on an offender at the time indicated.

(3) The fees in Schedule 2 Division 3 are prescribed as enforcement fees in connection with the exercise of powers under an enforcement warrant by the Sheriff and are calculated in accordance with that Division.

(4) Also, the amounts disbursed for the following purposes are prescribed as enforcement fees in connection with the exercise of powers under an enforcement warrant by the Sheriff —

(a) seizing, moving, storing, securing, protecting and insuring property (including amounts disbursed for keeping animals);

(b) valuing personal property or land;

(c) searching for the title and other records related to personal property or land;

(d) advertising and otherwise arranging the sale of personal property or land;

(e) selling personal property or land, including settlement costs.

(5) If, in connection with the exercise of powers under an enforcement warrant, it is necessary for the Sheriff to do something that is not otherwise provided for in this regulation or Schedule 2 Division 3, the following amounts are prescribed as enforcement fees in connection with the exercise of powers under the warrant —

(a) the amount decided by the Sheriff under subregulation (6) for each half hour, or part of a half hour, spent by the Sheriff or a delegate of the Sheriff doing the thing;

(b) if it is necessary for the Sheriff or delegate to travel in connection with doing the thing — the rate per kilometre (1 way) that is prescribed as a travelling fee for the service of documents under the Magistrates Court (Fees) Regulations 2005;

(c) the reasonable amount of an expense incurred by the Sheriff or delegate doing the thing.

(6) For the purposes of subregulation (5)(a), the Sheriff may decide a rate for each half hour, or part of a half hour, of the Sheriff’s or a delegate’s time doing a thing referred to in subregulation (5), that represents the cost of half an hour of the Sheriff’s or delegate’s time.

(7) A note to an item in Schedule 2 has effect according to its tenor as if it were a provision of these regulations.

[Regulation 9 inserted: Gazette 13 May 2005 p. 2079‑80; amended: SL 2023/120 r. 24.]