Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698833657397.pdf (New Zealand)
District Courts Act 1947 Public Act Date of assent 1947 No 16 24 October 1947 Contents Title Short Title and commencement Interpretation Part 1 Constitution and administration District Courts Courts constituted Exercise of civil or criminal jurisdiction in Courts appointed Sittings of Court at other places Disputes Tribunals District Court Judges 1 2 3 4 4A 4B Appointment and qualiﬁcations 5 5AA Judges act on full­time basis but may be authorised to act part­time Chief District Court Judge Salaries and allowances Tenure of ofﬁce Ex ofﬁcio functions of Judges Assignment and rostering of District Court Judges Acting Judges Retired Judges Provision as to Judge in Chatham Islands Community Magistrates Appointment of Community Magistrates Right to hold other ofﬁce and to engage in other employment Functions and powers of Community Magistrates Chief Community Magistrate 5A 10A 11 11A 11B 11C 11D Note This Act is administered in the Ministry of Justice Page 8 8 8 11 11 12 District Courts Act 1947 Reprinted as at 14 September 2007 11E 11F 11G 11H 17A Functions of Chief Community Magistrate Tenure of ofﬁce Remuneration and allowances of Community Magistrates Retired Community Magistrates Registrars Appointment of Registrar Record of proceedings to be kept by Registrar Deputy Registrars Bailiffs Appointment of bailiffs Deputy bailiffs Powers and duties of bailiffs Sections 314A to 314D of Crimes Act 1961 inapplicable to bailiffs
 Miscellaneous provisions as to ofﬁcers Penalty for assaulting ofﬁcers Misconduct of ofﬁcers Ofﬁcers of Court not to act as solicitors therein Sittings Place of sittings Times of sittings Adjourned sittings Part 2 Criminal jurisdiction Part 2A Criminal jurisdiction in respect of indictable offences Extent of jurisdiction under Part 2A of this Act Appointment of trial Judges Trial Judge not to act in certain cases Constitution and procedure of Court Powers of Court 28A 28B 28C 28D 28E 28F Maximum sentences
 28G 28H 28I 28J Judge may decline to sentence Appeal against sentence Enforcement of penalties Transfer of proceedings 24 25 25 27 27 28 28 29 30 30 31 31 32 32 33 33 34 35 36 36 37 37 38 40 40 41 41 2 Reprinted as at 14 September 2007 District Courts Act 1947 Part 3 Civil jurisdiction and transfer of proceedings 29 30 31 32 33 General jurisdiction in respect of proceedings Money recoverable by statute Jurisdiction in proceeding for recovery of land Landlord’s right where rent is in arrear or premises deserted Jurisdiction as to building societies 34 Equity jurisdiction Equity proceedings Miscellaneous provisions as to jurisdiction Jurisdiction where title in question Abandonment of part of claim to give Court jurisdiction Extension of jurisdiction by agreement between the parties Division of cause of action not allowed Proceedings against absent defendant Exercise of jurisdiction and ancillary jurisdiction Persons who exercise jurisdiction of Court General ancillary jurisdiction Ancillary powers of Judge Jurisdiction exclusive of interest awarded Transfer of proceeding Transfer to High Court of proceeding within jurisdiction Transfer of proceedings beyond jurisdiction Transfer of proceedings where there is a counterclaim Removal of summary judgment application from District Court to High Court Removal of question of law into High Court Removal of question of law into High Court Transfer of proceeding from High Court to District Court Procedure on transfer of
 proceeding from High Court to District Court Costs in cases transferred or removed 35 36 37 38 39 40 41 42 42A 43 44 45 45A 45B 46 47 48 42 43 43 45 46 47 48 48 48 49 49 49 50 50 51 51 52 53 54 54 55 55 56 3 District Courts Act 1947 Reprinted as at 14 September 2007 Part 4 Procedure Parties Trustees, executors, and administrators Infants Persons jointly liable Bankruptcy of plaintiff Witnesses and evidence Witness entitled to expenses Penalty for neglecting witness summons Examination of witnesses and service
 of process abroad Persons who may take afﬁdavits, etc Discovery Powers of Court exercisable before commencement of proceeding Power of Court to order particular discovery against non­party after proceeding commenced Hearing Right of audience Trial by Judge Equity and good conscience Judge to take notes Power of Judge to refer to arbitration Power of Judge to refer to Registrar or referee Reference by consent Judgments and orders Power of Court to award interest on debts and damages Finality of judgments and orders Want of form Payment of judgments and orders Interest on judgment debts Removal of judgments Removal of judgment of District Court into High Court Proceeding in High Court on judgment or order of District Court Removal of judgment or order of High Court into District Court Removal of judgment from one Court to another 56A 56B 57 58 59 60 61 62 62A 62B 63 64 65 65A 66 67 68 69 4 Reprinted as at 14 September 2007 District Courts Act 1947 70 Removal of judgment of abolished Court Part 5 Appeals 71 71A 72 73 74 75 76 77 78 78A 79 80 81 82 83 84 Interpretation Right to appeal [Repealed] General right of appeal Agreements that decision would be binding Security for appeal Appeals to be by way of rehearing Powers of High Court on appeal Repayment of judgment sum and interest Enforcement proceedings Right of appeal in respect of contempt of Court Part 6 Enforcement
 of judgments Enforcement generally Nature of proceedings for enforcement of judgment Enforcement of judgments more than 6 years old Enforcement of order for payment by instalments Proceedings on cross­judgments Power to stay proceedings for enforcement Stay of proceedings on appeal Discovery in aid of execution Notice to judgment debtor to complete ﬁnancial statement Order for examination of judgment debtor 84A 84B 84C Where judgment debtor does not appear at examination or order cannot be served Conduct
 of examination Orders by Court 84D 84E Attachment orders Interpretation Attachment orders Attachment order to be served on employer Effect of attachment orders Liability of employer 84F 84G 84H 84I 84J 84K Wrongful treatment of employee 84L Extent to which attachment orders bind the Crown 84M Variation, suspension, and discharge of attachment orders District Courts Act 1947 Reprinted as at 14 September 2007 Review of Registrar’s decision 84N Review of Registrar’s decision 84O 84P 84Q 85 85A 86 87 88 89 90 91 92 93 94 95 Contempt Contempt procedures Application of Part 1 of Legal Services Act 1991 [Repealed] Judgment debtor doing community work to be discharged on payment Warrant of distress Warrant of distress Immobilisation of motor vehicles Disposal of bills of exchange, etc, seized Penalty for rescue of goods seized Sale of goods seized Period to elapse before sale Sale of goods by public auction unless otherwise ordered Protection of bailiff selling goods under execution without notice of claim by third party Procedure when goods seized are secured under bill of sale Claims in respect of goods seized Priority of High Court and District Court executions Sale of goods where claim made thereto Bailiff’s interpleader Claims for rent where goods seized under execution Garnishee proceedings 96 Garnishee proceedings 96A Charging orders Charging orders Committals Issue and
 execution of orders or warrants of committal Power of Judge to order discharge Warrant for the recovery of land Warrant for the recovery of land Irregularity in execution of warrant can only be sued for as special damage 97 98 99 100 6 95 96 98 98 99 100 100 101 101 101 102 103 103 104 104 105 106 107 109 110 110 111 Reprinted as at 14 September 2007 District Courts Act 1947 101 102 Person illegally obtaining warrant liable for trespass Execution of warrant may be stayed on giving bond Recovery of chattels
 103 Warrant for the recovery of chattels 104 Further proceedings if chattels not recovered 105 106 107 108 109 110 Liability and protection of ofﬁcers Neglect by bailiffs Irregularity in executing warrants Proceedings against bailiffs acting under warrants Production of warrant sufﬁcient proof of Court’s authority Part 7 Miscellaneous and general Writs of arrest Absconding debtors may be held to bail Successful plaintiff entitled to execution, successful defendant entitled to compensation 111 Interpleader Interpleader Contempt 112 Power to commit for contempt Financial provisions 113 114 115 Payment and recovery of fees Enforcement of ﬁnes Fines and fees to be paid to Crown Bank Account Miscellaneous Summonses and other documents to be under seal 116 116A Proof of service of documents by ofﬁcer or constable Subtenant to give notice of proceeding to subtenant’s 117 immediate landlord Proceeding on lost instruments Immunity of Judges No privilege to solicitors Constables, etc, to assist District Courts rules Regulations 118 119 120 121 122 123 123A Reviews of decisions of Registrars concerning fees 124 Application of Act 112 112 113 114 114 115 115 116 116 118 118 119 120 121 121 121 122 122 123 123 123 124 124 127 129 129 7 District Courts Act 1947 Reprinted as at 14 September 2007 125 Repeals and savings Schedule 1 Schedule 1A Schedule 2 Enactments (repealed by this Act) formerly regulating or providing for matters which can be regulated or provided for by rules
 Schedule 3 Enactments repealed 130 130 130 135 136 An Act to consolidate and amend certain enactments of the Parliament of New Zealand relating to District Courts and the jurisdiction of District Court Judges in civil proceedings, and to make provision for the exercise of criminal jurisdiction under the Summary Proceedings Act 1957 in District Courts Short Title and commencement This Act may be cited as the District Courts Act 1947.
This Act shall come into force on a date to be appointed for the commencement thereof by the Governor­General by Proclamation.

Interpretation In this Act, unless the context otherwise requires,— Action[Repealed] Action: this deﬁnition was omitted, as from 1 July 1992, by section 2(1) District Courts Amendment Act 1991 (1991 No 61).
[Repealed] Bailiff means a bailiff of a Court, and includes any deputy bailiff and any person acting as bailiff pursuant to section 15 of this Act Community Magistrate means a Community Magistrate appointed under section 11A; and includes the Chief Community Magistrate Community Magistrate: this deﬁnition was inserted, as from 30 June 1998, by section 2 District Courts Amendment Act 1998 (1998 No 76).
1 (1) (2) 2 (1) 8 Reprinted as at 14 September 2007 District Courts Act 1947 s 2 (b) An application for a new trial; and Court or District Court means a Court constituted under this Act Court or District Court: this deﬁnition was inserted, as from 1 April 1980, by section 3(1) District Courts Amendment Act 1979 (1979 No 125).
Court and Magistrate’s Court[Repealed] Court and Magistrate’s Court: these deﬁnitions were omitted, as from 1 April 1980, by section 3(1) District Courts Amendment Act 1979 (1979 No 125).

[Repealed] High Court Rules means the rules from time to time set out in Schedule 2 to the Judicature Act 1908 High Court Rules: this deﬁnition was inserted, as from 1 July 1992, by section 2(2) District Courts Amendment Act 1991 (1991 No 61).
Interlocutory application— (a) Means any application to the Court in any proceeding or intended proceeding for an order or a direction relating to a matter of procedure or for some relief ancillary to that claimed in a pleading; and Includes— (i) (ii) An application to review an order made, or a direction given, on any interlocutory application: Interlocutory application: this deﬁnition was inserted, as from 1 July 1992, by section 2(2) District Courts Amendment Act 1991 (1991 No 61).
Judge means a District Court Judge appointed under this Act; and includes the Chief District Court Judge Judge: this deﬁnition was inserted, as from 1 April 1980, by section 3(1) District Courts Amendment Act 1979 (1979 No 125).
Landlord, in relation to any land, means the person entitled to the immediate reversion of that land, or, if the land is held in joint tenancy or tenancy in common, includes any one of the persons entitled to the immediate reversion Magistrate[Repealed] Magistrate: 3(2) District Courts Amendment Act 1979 (1979 No 125).

[Repealed] Matter[Repealed] Matter: this deﬁnition was omitted, as from 1 July 1992, by section 2(3) District Courts Amendment Act 1991 (1991 No 61).
[Repealed] this deﬁnition was omitted, as from 1 April 1980, by section 9 s 2 District Courts Act 1947 Reprinted as at 14 September 2007 Ofﬁcer, in relation to a Court, includes any Registrar of that Court, and any clerk, bailiff, usher, or messenger in the service of that Court Party means any person who is a plaintiff or defendant in any proceeding; and includes any person added to the proceeding Party: this deﬁnition was substituted, as from 1 July 1992, by section 2(4) District Courts Amendment Act 1991 (1991 No 61).
Prescribed means prescribed by the rules for the time being in force Proceeding means any application to the Court for the exercise of the civil jurisdiction of the Court other than an interlocutory application Proceedings: this deﬁnition was substituted, as from 1 July 1992, by section 2(5) District Courts Amendment Act 1991 (1991 No 61).
Registrar means the Registrar of a Court, and includes any Deputy Registrar Rules means the District Courts rules made under section 122 of this Act Trial Judge means a Judge appointed under section 28B of this Act to exercise the criminal jurisdiction of the Courts under Part 2A of this Act.

Trial Judge: this deﬁnition was inserted, as from 1 October 1991, by section 2(6) District Court Amendment Act 1991 (1991 No 61).
Except as expressly provided in this Act, nothing in this Act shall be deemed to relate to any Court in respect of the exercise of the criminal jurisdiction referred to in the Summary Proceedings Act 1957 and every reference to a Court shall be deemed to relate to a Court in which civil proceedings may be taken.
Compare: 1928 No 14 s 2; County Courts Act 1934, s 191 (UK) The reference to the Summary Proceedings Act 1957 in subsection (2) was substituted, as from 1 April 1958, for a reference to Part 2 of this Act by section 214(1) Summary Proceedings Act 1957 (1957 No 87).

Part 1 Constitution and administration District Courts This heading was substituted, as from 1 April 1980, by section 4 District Courts Amendment Act 1979 (1979 No 125).
(2) 10 Reprinted as at 14 September 2007 District Courts Act 1947 Part 1 s 4 3 (1) (2) 4 (1) (2) Courts constituted There shall continue to be within New Zealand Courts of record, possessing civil and criminal jurisdiction, henceforth to be called District Courts.

Each Court shall have a seal, which shall be kept by the Regis­ trar.

Section 3 was substituted, as from 1 April 1980, by section 4 District Courts Amendment Act 1979 (1979 No 125).
Exercise of civil or criminal jurisdiction in Courts appointed The Governor­General may from time to time appoint cities, boroughs, or other places in which Courts may be held for the exercise of civil jurisdiction.

The Governor­General may from time to time appoint cities, boroughs, or other places in which Courts may be held for the exercise of summary criminal jurisdiction under the Summary Proceedings Act 1957.
(2A) The Governor­General may from time to time appoint cities, boroughs, or other places in which Courts may be held for the exercise of criminal jurisdiction in respect of indictable offences under Part 2A of this Act.

The Governor­General may from time to time authorise any Court held in any city, borough, or other place appointed under the last preceding subsection to deal with any speciﬁed class of matters not within the criminal jurisdiction of the Court.
(3) (4) Notwithstanding anything in the foregoing provisions of this section a Judge may hold or direct the holding of a particular sitting of a Court at any place he deems convenient.

The Governor­General may at any time in like manner amend or revoke any appointment or authorisation made under the provisions of this section.
Compare: 1928 No 14 s 6(1) (5) Subsection (2) was amended, as from 1 May 1981, by section 2(1) District Courts Amendment Act 1980 (1980 No 83) by substituting the words “sum­ mary criminal jurisdiction under the Summary Proceedings Act 1957” for the words “criminal jurisdiction”.

Subsection (2A) was inserted, as from 1 May 1981, by 2(2) District Courts Amendment Act 1980 (1980 No 83).
11 Part 1 s 4A District Courts Act 1947 Reprinted as at 14 September 2007 (2) 4A Sittings of Court at other places (1) Where any civil or summary criminal proceedings are pend­ ing in any Court the party issuing the proceedings may, or if the proceedings are to be defended, or if a Judge has directed either generally or speciﬁcally that the attendance of a party is required, then any party may, apply to the Court for the pro­ ceedings to be heard at any other convenient place.
A further application may, from time to time, be made for the hearing to be continued or completed in any other place.
If a Judge is satisﬁed that in all the circumstances as between the parties the proceedings could be more conveniently or fairly heard or continued to be heard at some place, other than in a Court appointed under this Act, and that suitable accommodation for a hearing at such place is available the Judge shall, unless for special reasons relating to the particular proceedings he directs otherwise, make an order, upon such terms and conditions as he thinks ﬁt, that the proceedings be heard or be continued to be heard at a sitting of the Court held at that other place and may at that time, or at any subsequent time, ﬁx a date and time for any such hearing.
(3) With the consent of all parties an order under this provision may be made by the Registrar.

(5) (4) At all times any such proceedings shall be heard and deter­ mined as proceedings of the Court and at the conclusion of any such hearing the papers shall be returned and the result and any necessary minutes recorded in the books of the Court.
This section shall have effect notwithstanding the provisions of section 4 of this Act, but nothing in this section shall limit the power of the Court to transfer proceedings to another Court.

Section 4A was inserted, as from 29 June 1974, by section 2(1) District Courts Amendment Act 1974 (1974 No 20).

Subsection (1) was amended, as from 1 May 1981, by 3 District Courts Amend­ ment Act 1980 (1980 No 83) by inserting the word “summary”.
4B Disputes Tribunals (1) A Court constituted under section 4 of this Act shall have a division for the hearing and determination of claims within the meaning of the Disputes Tribunals Act 1988 where, under 12 Reprinted as at 14 September 2007 District Courts Act 1947 Part 1 s 5 section 4(4) of that Act, the notice establishing a Disputes Tri­ bunal so provides.
(2) Notwithstanding subsection (1) of this section, the jurisdiction of a Disputes Tribunal shall be limited to such as is conferred on it by the Disputes Tribunals Act 1988, or by any other en­ actment, and except as provided in that Act, or in any other enactment, no provision of this Act or of any rules or regula­ tions made under this Act shall apply to a Disputes Tribunal.

Section 4B was inserted, as from 1 November 1976, by section 45 Small Claims Tribunal Act 1976 (1976 No 35).
Section 4B was substituted, as from 1 March 1989, by section 82(2) Disputes Tribunals Act 1988 (1988 No 110).

District Court Judges 5 (1) Appointment and qualiﬁcations The Governor­General may from time to time, by warrant under his hand, appoint ﬁt and proper persons to be District Court Judges to exercise civil and criminal jurisdiction within New Zealand.

The maximum number of Judges is 140.


(2) (2A) For the purposes of subsection (2),— (a) (b) (c) a Judge who is acting on a full­time basis counts as 1: a Judge who is acting on a part­time basis counts as an appropriate fraction of 1: the aggregate number (for example, 139.5) must not ex­ ceed the maximum number of Judges that is for the time being permitted.

(2B) Subsection (2) is subject to sections 10 and 10A.
(3) No person shall be appointed a Judge unless— (a) He has held a practising certiﬁcate as a barrister or so­ licitor for at least 7 years; or (b) He had been continuously employed as an ofﬁcer of the Department of Justice or the Department for Courts for a period of at least 10 years, and during that period has been employed for not less than 7 years as the Clerk or Registrar of a Court, and is a barrister or solicitor who has been qualiﬁed for admission, or admitted, as such for not less than 7 years.
13 Part 1 s 5AA District Courts Act 1947 Reprinted as at 14 September 2007 (4) A Judge must not undertake any other paid employment or hold any other ofﬁce (whether paid or not) unless the Chief District Court Judge is satisﬁed that the employment or other ofﬁce is compatible with judicial ofﬁce.

(5) No Judge shall practise as a barrister or solicitor.

Section 5 and the preceding heading were substituted, as from 1 April 1980, by section 6(1) District Courts Amendment Act 1979 (1979 No 125).
Subsection (2) was amended, as from 1 July 1992, by section 2(1) District Courts Amendment Act 1992 by substituting the expression “103” for the ex­ pression “98”.

Subsection (2) was amended, as from 15 December 1994, by section 2(1) Dis­ trict Courts Amendment Act (No 2) 1994 (1994 No 147) by substituting the expression “110” for the expression “103”.
Subsection (2) was amended, as from 2 September 1996, by section 2 Districts Courts Amendment Act 1996 (1996 No 119) by substituting the expression “120” for the expression “110”.

Subsection (2) was amended, as from 30 June 2002, by section 180(1) Sen­ tencing Act 2002 (2002 No 9) by substituting the expression “123” for the expression “120”.

See sections 148 to 160 Sentencing Act 2002 (2002 No 9) for the savings and transitional provisions.
See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).

Subsection (2) was substituted, as from 20 May 2004, by section 3(1) District Courts Amendment Act 2004 (2004 No 42).

Subsections (2A) and (2B) were inserted, as from 20 May 2004, by section 3(1) District Courts Amendment Act 2004 (2004 No 42).

Subsection (3)(b) was amended, as from 1 July 1995, by section 10(1) Depart­ ment of Justice (Restructuring) Act 1995 (1995 No 39) by inserting the words “or the Department for Courts”.
Subsection (4) was substituted, as from 20 May 2004, by section 3(2) District Courts Amendment Act 2004 (2004 No 42).

5AA Judges act on full­time basis but may be authorised to act part­time (2) (1) A person acts as a Judge on a full­time basis unless he or she is authorised by the Attorney­General to act on a part­time basis.

The Attorney­General may, in accordance with subsection (4), authorise a Judge appointed under section 5 or section 5A to act on a part­time basis for any speciﬁed period.
To avoid doubt, an authorisation under subsection (2) may take effect as from a Judge’s appointment or at any other time, and may be given more than once in respect of the same Judge.
(3) 14 Reprinted as at 14 September 2007 District Courts Act 1947 Part 1 s 5A (4) (5) on the request of the Judge; and The Attorney­General may authorise a Judge to act on a part­ time basis only— (a) (b) with the concurrence of the Chief District Court Judge (after consultation with the Principal Environment Judge if the request is from an Environment Judge).
In considering whether to concur under subsection (4)(b), the Chief District Court Judge must have regard to the ability of the Court to discharge its obligations in an orderly and expe­ ditious way.

(7) (6) A Judge who is authorised to act on a part­time basis must resume acting on a full­time basis at the end of the authorised part­time period.
The basis on which a Judge acts must not be altered during the term of the Judge’s appointment without the Judge’s consent, but consent under this subsection is not necessary if the alter­ ation is required by subsection (6).

This section applies to persons who hold ofﬁce as District Court Judges regardless of whether they act as District Court Judges, as Environment Judges, or in any other judicial ofﬁce.
Section 5AA was inserted, as from 20 May 2004, by section 4 District Courts Amendment Act 2004 (2004 No 42).

(8) 5A Chief District Court Judge (1) (2) The Governor­General shall from time to time, by warrant under his hand, appoint a Chief District Court Judge.

Subject to subsection (3) of this section, the Chief District Court Judge shall hold that ofﬁce so long as he holds ofﬁce as a Judge.
(3) With the prior approval of the Governor­General, the Chief District Court Judge may resign that ofﬁce without resigning his ofﬁce as a Judge.
(4) Whenever by reason of illness, absence from New Zealand, or any other cause the Chief District Court Judge is prevented from exercising the duties of his ofﬁce, the Governor­Gen­ eral may, by writing under his hand, appoint one of the other Judges to act as Chief District Court Judge until the Chief Dis­ trict Court Judge resumes his duties, and during that period to 15 Part 1 s 6 District Courts Act 1947 Reprinted as at 14 September 2007 execute the duties of that ofﬁce and to exercise all powers that may be lawfully exercised by the Chief District Court Judge.
Section 5A was inserted, as from 1 April 1980, by section 7 District Courts Amendment Act 1979 (1979 No 125).

Subsection (4) was amended, as from 1 May 1981, by section 5 District Courts Amendment Act 1980 (1980 No 83) by inserting the word “Chief”.
6 (1) Salaries and allowances There must be paid to the Chief District Court Judge, to the Principal Environment Judge, to the Principal Family Court Judge, to the Principal Youth Court Judge, and to the other Judges, out of public money, without further appropriation than this section,— (a) salaries at the rates from time to time determined by the Remuneration Authority; and the allowances from time to time determined by the Re­ muneration Authority; and the additional allowances, being travelling allowances or incidental or minor allowances, from time to time determined by the Governor­General.
(b) (c) (2) The salary of a Judge shall not be diminished during the con­ tinuance of the Judge’s appointment.

(2A) The salary and allowances payable for a period during which a Judge acts on a part­time basis must be calculated and paid as a pro­rata proportion of the salary and allowances for a full­time equivalent position.
If a principal Judge ceases to hold the position of principal Judge but continues to hold ofﬁce as a Judge, the salary and allowances of the Judge may be reduced by the amount of any salary or allowances that the person received solely because of being the principal Judge.

(2B) (2C) For the purpose of subsection (2), the payment of salary and allowances on a pro­rata basis under subsection (2A) or the payment of reduced salary and allowances under subsection (2B) is not a diminution of salary.
Subject to the Remuneration Authority Act 1977, any deter­ mination made under subsection (1) of this section, and any provision of any such determination, may be made so as to come into force on a date to be speciﬁed in that behalf in the (3) 16 Reprinted as at 14 September 2007 District Courts Act 1947 Part 1 s 7 (4) determination, being the date of the making of the determin­ ation or any other date, whether before or after the date of the making of the determination or the date of the commencement of this section.
Every such determination, and every provision of any such de­ termination, in respect of which no date is speciﬁed as afore­ said shall come into force on the date of the making of the determination.

Section 6 was substituted, as from 13 October 1978, by section 2(1) District Courts Amendment Act 1978 (1978 No 72).

Section 6 was substituted, as from 1 April 1985, by section 2 District Courts Amendment Act (No 3) 1985 (1985 No 137).
Section 6 was amended, as from 1 April 2003, by section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54) by sub­ stituting the words “Remuneration Authority” for the words “Higher Salaries Commission” in every place where they appear.

Subsection (1) was amended, as from 1 July 1989, by section 86(1) Public Fi­ nance Act 1989 (1989 No 44) by substituting the words “public money” for the words “the Consolidated Account”.
The words “Environment Judge” in subsection (1) were substituted, as from 2 September 1996, for the words “Planning Judge” pursuant to section 6(2)(b) Resource Management Amendment Act 1996 (1996 No 160).

Subsection (1) was substituted, as from 20 May 2004, by section 5(1) District Courts Amendment Act 2004 (2004 No 42).

Subsections (2A) to (2C) were inserted, as from 20 May 2004, by section 5(2) District Courts Amendment Act 2004 (2004 No 42).
7 (1) Tenure of ofﬁce The Governor­General may, if he thinks ﬁt, remove a Judge for inability or misbehaviour.

(1A) To avoid doubt, a Judge may be removed under subsection (1) for inability or misbehaviour related to the exercise, con­ templated by section 8(d), of the judicial authority conferred on a coroner by the Coroners Act 2006.

Every Judge shall retire from ofﬁce on attaining the age of 70 years.
Compare: 1928 No 14 ss 7(2), 9 (2) Subsections (1) and (2) were amended, as from 1 April 1980, pursuant to sec­ tion 18(1) District Courts Amendment Act 1979 (1979 No 125) by substituting “Judge” for “Magistrate”.

Subsection (1A) was inserted, as from 1 July 2007, by section 146 Coroners Act 2006 (2006 No 38).
17 Part 1 s 8 District Courts Act 1947 Reprinted as at 14 September 2007 Subsection (2) was amended, as from 6 March 2007, by section 4 District Courts Amendment Act 2007 (2007 No 1) by substituting “70” for “68”.
(c) Ex ofﬁcio functions of Judges Every Judge, by virtue of his ofﬁce,— (a) (b) Shall be a Justice of the Peace for New Zealand: Shall, though sitting alone, have all such powers, func­ tions, and discretions, unless otherwise specially pro­ vided, as now are or hereafter may be exercised by 2 Justices: Shall have full power to do alone whatever is au­ thorised to be done by 2 Justices under the Summary Proceedings Act 1957, or under any other Act now or hereafter in force in New Zealand: Shall be a Coroner for New Zealand.
(d) Compare: 1928 No 14 s 14 The word “Judge” was substituted, as from 1 April 1980, for the word “Magis­ trate” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).

The reference to the Summary Proceedings Act 1957 in paragraph (c) was sub­ stituted, as from 1 April 1958, for a reference to the Justices of the Peace Act 1927 by section 214(1) Summary Proceedings Act 1957 (1957 No 87).
Assignment and rostering of District Court Judges The Chief District Court Judge shall be responsible for en­ suring the orderly and expeditious discharge of the business of District Courts throughout New Zealand, and accordingly may, after consultation with the Principal Family Court Judge and the Principal Youth Court Judge, give all such directions as are contemplated by subsection (2) of this section.
Each Judge shall sit in such jurisdictions at such times as the Chief District Court Judge may from time to time direct.

The fact that a Judge sits in any particular Court shall be con­ clusive evidence of his or her authority so to do, and no ex­ ercise of any jurisdiction or power by a Judge shall be ques­ tioned on the ground that he or she was not authorised to sit in the Court where the jurisdiction or power was so exercised.
The reference in subsection (2) of this section to jurisdictions means— 8 9 (1) (2) (3) (4) 18 Reprinted as at 14 September 2007 District Courts Act 1947 Part 1 s 10 (5) 10 (1) (a) (b) The ordinary civil and criminal jurisdiction of District Courts, including common law and equitable jurisdic­ tion and admiralty jurisdiction: The specialist jurisdiction of District Courts by virtue of the constitution of Family Courts and Youth Courts as divisions of District Courts.
For the avoidance of doubt, it is hereby declared that the power conferred by this section on the Chief District Court Judge does not include the power to give directions in relation to any District Court Judge who for the time being presides over, or holds ofﬁce as a member of, or holds ofﬁce as, a tribunal.
Subsection (1) was amended, as from 1 April 1980, by section 8(1)(a) District Courts Amendment Act 1979 (1979 No 125) by substituting the words “Chief District Court Judge” for the words “Minister of Justice”.

The word “Judge” was substituted, as from 1 April 1980, for the word “Magis­ trate” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).

Subsection (2) was repealed, as from 1 April 1980, by section 8(1)(b) District Courts Amendment Act 1979 (1979 No 125).
Section 9 was substituted, as from 2 September 1996, by section 3 District Courts Amendment Act 1996 (1996 No 119).

Acting Judges The Governor­General may at any time during the illness or absence of any Judge, or for any other temporary purpose, by Warrant under his hand appoint one or more Judges to hold ofﬁce for such time as is speciﬁed in the said Warrant.
Every such Judge shall be paid such salary, not exceeding the amount payable by law to Judges, as may be appropriated by Parlia­ ment for the purpose.
(2) No person shall be appointed as a Judge under this section unless he is eligible for appointment as a Judge pursuant to section 5 of this Act, save that a person otherwise qualiﬁed who has attained the age of 70 years (including a Judge who has retired after attaining that age) may be appointed as a Judge under this section for a period not exceeding 12 months, or for 2 or more periods not exceeding 4 years in the aggregate.
Compare: 1928 No 14 s 12 Subsection (2) was amended, as from 18 November 1964, by section 3 District Courts Amendment Act 1964 (1964 No 99) by substituting “4 years” for “two years”.

19 Part 1 s 10A District Courts Act 1947 Reprinted as at 14 September 2007 Subsection (2) was amended, as from 6 March 2007, by section 5 District Courts Amendment Act 2007 (2007 No 1) by substituting “70” for “68”.
The word “Judge” was substituted, as from 1 April 1980, for the word “Magis­ trate” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).

10A Retired Judges (1) Any person who has retired from ofﬁce as a Judge on attain­ ing the age of 70 years, or who has sooner resigned, may be appointed from time to time as an acting Judge by the Gov­ ernor­General by Warrant under his hand.
(1A) Notwithstanding section 28B of this Act, any person so ap­ pointed may, at the same time or at any subsequent time dur­ ing the term of his appointment, be appointed to exercise the criminal jurisdiction of the Courts under Part 2A of this Act; and any such appointment shall take effect during any period when, and in any place where, that person is entitled under subsection (4) of this section to act as a Judge.
(2) Notwithstanding the provisions of section 435 of the Children, Young Persons, and Their Families Act 1989, any person so appointed may at the same time or at any subsequent time dur­ ing the term of that person’s appointment be designated as a Youth Court Judge, and any such designation shall take effect during any period when and in any place where pursuant to subsection (4) of this section that person is entitled to act as a Judge.
Each such appointment shall be for a term not exceeding 2 years or, if the person has attained the age of 72 years, not exceeding 12 months.

(3) (4) During the term of the Warrant, the person so appointed may act as a District Court Judge during such period or periods only and in such place or places only as the Chief District Court Judge may ﬁx.
Every acting Judge so appointed shall, during the period when he acts as a Judge, but not otherwise, be paid a salary at the rate for the time being prescribed for Judges under section 6 of this Act and during that period he shall have all the jurisdiction, powers, protections, privileges, and immunities of a Judge.

(5) 20 Reprinted as at 14 September 2007 District Courts Act 1947 Part 1 s 11A Section 10A was inserted, as from 29 June 1974, by section 4 District Courts Amendment Act 1974 (1974 No 20).
Subsection (1) was amended, as from 6 March 2007, by section 6 District Courts Amendment Act 2007 (2007 No 1) by substituting “70” for “68”.

Subsection (1A) was inserted, as from 1 May 1981, by section 6 District Courts Amendment Act 1980 (1980 No 83).

Subsection (2) was substituted, as from 1 November 1989, by section 449 Chil­ dren, Young Persons, and Their Families Act 1989 (1989 No 24).
Subsection (4) was substituted, as from 1 April 1980, by section 8(2) District Courts Amendment Act 1979 (1979 No 125).

The word “Judge” was substituted, as from 1 April 1980, for the word “Magis­ trate” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).
11 (1) Provision as to Judge in Chatham Islands The Governor­General may from time to time by Warrant under his hand appoint a ﬁt person to be a Judge to exercise criminal and civil jurisdiction, other than the jurisdiction conferred by Part 2A of this Act, in the Chatham Islands.

(2) A Judge so appointed shall hold ofﬁce during the pleasure of the Governor­General, and shall receive in each and every year such salary as is from time to time appropriated for the purpose by Parliament.
Subsections (1) to (5) of section 5 and sections 6 and 7 of this Act shall not apply to a Judge appointed under this section, but except as aforesaid this Act shall apply to such a Judge.

Compare: 1928 No 14 s 11 (3) Subsection (1) was amended, as from 1 May 1981, by section 7 District Courts Amendment Act 1980 (1980 No 83) by inserting the words “, other than the jurisdiction conferred by Part 2A of this Act,”.
The word “Judge” was substituted, as from 1 April 1980, for the word “Magis­ trate” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).

Community Magistrates Sections 11A to 11G and the preceding heading were inserted, as from 30 June 1998, by section 3 District Courts Amendment Act 1998 (1998 No 76).
11A Appointment of Community Magistrates (1) The Governor­General may from time to time, by warrant under the Governor­General’s hand and on the advice of the 21 Part 1 s 11B District Courts Act 1947 Reprinted as at 14 September 2007 Minister of Justice, appoint to be Community Magistrates such of the persons qualiﬁed for appointment as the Governor­Gen­ eral, on the advice of the Minister, thinks ﬁt.
(2) A person is qualiﬁed for appointment as a Community Magis­ trate only if that person— (a) Is capable, by reason of that person’s personal qualities, experience, and skills, of performing the functions of a Community Magistrate; and (b) Has been designated, in accordance with a selection process prescribed by regulations made under section 123, as a person qualiﬁed for appointment as a Com­ munity Magistrate.
The Minister must, before giving advice in relation to any ap­ pointment under subsection (1), consult with such persons as the Minister considers appropriate.

Compare: 1988 No 110 s 7(1), (2) Sections 11A­11G were inserted, as from 30 June 1998, by section 3 District Courts Amendment Act 1998 (1998 No 76).
(3) 11B Right to hold other ofﬁce and to engage in other (1) employment Subject to subsection (2), a Community Magistrate may— Hold any other ofﬁce; and (a) (b) Engage in any other employment or calling— that, in the opinion of the Governor­General, will not impair the proper discharge of the functions of a Community Magis­ trate.
(2) No Community Magistrate may— (a) Hold a current practising certiﬁcate under the Law Practitioners Act 1982; or (b) Hold ofﬁce as a member of the Police or as a trafﬁc (c) ofﬁcer; or Hold ofﬁce as an employee of the Public Service who is employed— (i) (ii) In the Ministry of Justice; or In the Department of Corrections; or (iii) (iv) As an ofﬁcer of the High Court or of a District Court; or 22 Reprinted as at 14 September 2007 District Courts Act 1947 Part 1 s 11C (d) (e) (f) Be a party to a management contract entered into under section 4A of the Penal Institutions Act 1954 or to a security contract entered into under section 166 of the Corrections Act 2004; or Be a security ofﬁcer within the meaning of section 3(1) of the Corrections Act 2004; or Be a social worker within the meaning of section 2(1) of the Children, Young Persons, and Their Families Act 1989.
Compare: 1988 No 110 s 7(5) Sections 11A to 11G were inserted, as from 30 June 1998, by section 3 District Courts Amendment Act 1998 (1998 No 76).

Subsection (2)(c)(iii) was repealed, as from 1 October 2003, by section 12(2) State Sector Amendment Act 2003 (2003 No 41).

Subsection (2)(d) was amended, as from 1 June 2005, by section 206 Correc­ tions Act 2004 (2004 No 50) by substituting the words “section 166 of the Corrections Act 2004” for the words “section 36G of that Act”.
See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).

Subsection (2)(e) was amended, as from 1 June 2005, by section 206 Correc­ tions Act 2004 (2004 No 50) by substituting the words “section 3(1) of the Corrections Act 2004” for the words “section 2(1) of the Penal Institutions Act 1954”.

See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
11C Functions and powers of Community Magistrates (1) By the Summary Proceedings Act 1957; or By the Summary Offences Act 1981; or By any other enactment.
The functions and powers of Community Magistrates are to carry out such functions and powers as are conferred on Com­ munity Magistrates— (a) (b) (c) Each Community Magistrate is to sit in such Courts at such times as the Chief District Court Judge may from time to time direct after consultation with— (a) (b) The Chief Community Magistrate; or If the ofﬁce of Chief Community Magistrate is vacant, such other Community Magistrate as the Chief District Court Judge thinks ﬁt.
The fact that a Community Magistrate sits in any particular Court is conclusive evidence of his or her authority to do so.

Sections 11A to 11G were inserted, as from 30 June 1998, by section 3 District Courts Amendment Act 1998 (1998 No 76).
23 (2) (3) Part 1 s 11D District Courts Act 1947 Reprinted as at 14 September 2007 11D Chief Community Magistrate (1) The Governor­General may from time to time, by warrant under the Governor­General’s hand and on the advice of the Minister of Justice, appoint a Chief Community Magistrate.

(3) (2) No person may be appointed as Chief Community Magistrate unless that person has held a practising certiﬁcate as a barrister or solicitor for at least 5 years.
The criteria and procedures for appointment of a person as Chief Community Magistrate may be prescribed by regula­ tions made under section 123; but the failure to make any such regulations does not preclude the appointment of a person as Chief Community Magistrate.

Subject to subsection (5), the Chief Community Magistrate holds ofﬁce so long as he or she holds ofﬁce as a Community Magistrate.
(4) (5) With the prior approval of the Governor­General, the Chief Community Magistrate may resign that ofﬁce without resign­ ing his or her ofﬁce as a Community Magistrate.
(6) Whenever by reason of illness, absence from New Zealand, or any other cause the Chief Community Magistrate is pre­ vented from exercising the duties of his or her ofﬁce, the Gov­ ernor­General may, by writing under his or her hand, appoint one of the other Community Magistrates to act as Chief Com­ munity Magistrate until the Chief Community Magistrate re­ sumes his or her duties and, during that period, to execute the duties of that ofﬁce and to exercise all powers that may be law­ fully exercised by the Chief Community Magistrate.
Sections 11A to 11G were inserted, as from 30 June 1998, by section 3 District Courts Amendment Act 1998 (1998 No 76).
11E Functions of Chief Community Magistrate (1) The functions of the Chief Community Magistrate include— The undertaking of appropriate measures to ensure that (a) the integrity of the ofﬁce of Community Magistrate is maintained and that the Community Magistrates oper­ ate effectively and efﬁciently within the framework of the District Courts: 24 Reprinted as at 14 September 2007 District Courts Act 1947 Part 1 s 11G (b) Such other functions as are conferred on the Chief Com­ munity Magistrate by regulations made under section 123 or by any other enactment.
(2) Without limiting the generality of subsection (1), the Chief Community Magistrate— (a) May sit as a Community Magistrate and exercise the (b) jurisdiction speciﬁed in this Act: Is to be consulted by the Chief District Court Judge, in accordance with section 11C(2), with regard to the rostering of Community Magistrates: (c) May be involved in the design and implementation of training programmes for Community Magistrates in consultation with the Department for Courts and the Chief District Court Judge: (d) May, where appropriate, liaise with interested persons on matters affecting the ofﬁce of Community Magis­ trate.
Sections 11A to 11G were inserted, as from 30 June 1998, by section 3 District Courts Amendment Act 1998 (1998 No 76).

11F Tenure of ofﬁce (1) (2) Every Community Magistrate must retire from ofﬁce on at­ taining the age of 70 years.

The Governor­General may remove a Community Magistrate from ofﬁce for neglect of duty, inability, disability affecting performance of duty, bankruptcy, or misconduct, proved to the satisfaction of the Governor­General.
(3) Any Community Magistrate may at anytime resign the ofﬁce of Community Magistrate by notice in writing addressed to the Minister of Justice.

Sections 11A to 11G were inserted, as from 30 June 1998, by section 3 District Courts Amendment Act 1998 (1998 No 76).

Subsection (1) was amended, as from 6 March 2007, by section 7 District Courts Amendment Act 2007 (2007 No 1) by substituting “70” for “68”.
11G Remuneration and allowances of Community Magistrates There is to be paid to the Chief Community Magistrate, out of (1) public money,— 25 Part 1 s 11G District Courts Act 1947 Reprinted as at 14 September 2007 (a) (b) Remuneration by way of salary, fees, or allowances at such rate as is determined from time to time by the Remuneration Authority in accordance with the Remuneration Authority Act 1977; and Such additional allowances, being travelling allow­ ances or other incidental or minor allowances, as may be determined from time to time by the Governor­Gen­ eral by Order in Council.
(2) There is to be paid to each Community Magistrate (other than the Chief Community Magistrate), out of public money,— (a) Remuneration by way of fees, salary, or allowances at such rates as are determined from time to time by the Governor­General by Order in Council; and Such additional allowances, being travelling allow­ ances or incidental or minor allowances, as may be determined from time to time by the Governor­General by Order in Council.
(b) (3) The remuneration of a Community Magistrate is not to be di­ minished during the continuance of the Community Magis­ trate’s appointment.

(5) (4) Any Order in Council made under subsection (1)(b) or subsec­ tion (2), and any provision of any such order, may be made so as to come into force on a date to be speciﬁed in that behalf in the order, being the date of the making of the order or any other date, whether before or after the date of the making of the order.
Every such Order in Council, and any provision of any such order, in respect of which no date is speciﬁed as aforesaid, comes into force on the date of the making of the order.

Every Order in Council made under subsection (1)(b) or sub­ section (2) is deemed to be a regulation for the purposes of the Acts and Regulations Publication Act 1989 but not for the purposes of the Regulations (Disallowance) Act 1989.
Sections 11A to 11G were inserted, as from 30 June 1998, by section 3 District Courts Amendment Act 1998 (1998 No 76).

(6) Subsection (1)(a) was amended, as from 1 April 2003, by section 4(1) Remu­ neration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54) by substituting the words “Remuneration Authority” for the words “Higher Salaries Commission” in both places where they appear.
26 Reprinted as at 14 September 2007 District Courts Act 1947 Part 1 s 12 (2) 11H Retired Community Magistrates (1) Any person who has retired from ofﬁce as a Community Magistrate on attaining the age of 70 years, or who has sooner resigned, may be appointed as an acting Community Magis­ trate by the Governor­General on the advice of the Minister of Justice.
Each acting Community Magistrate must be appointed for a stated term that— (a) is not more than the time until the Community Magis­ trate will reach the age of 73 years: in any case, is not more than 24 months.
(3) During the term of the warrant, the person appointed may act as a Community Magistrate only during the period or periods that the Chief District Court Judge may direct after consult­ ation with— (a) (b) the Chief Community Magistrate; or if the ofﬁce of Chief Community Magistrate is vacant, any other Community Magistrate that the Chief District Court Judge thinks ﬁt.
(b) (4) An acting Community Magistrate must, in respect of any period during which he or she acts as a Community Magis­ trate, but not otherwise, be paid remuneration and allowances at the rate for the time being prescribed for Community Magistrates under section 11G.

(5) While an acting Community Magistrate appointed under this section acts as a Community Magistrate, but not otherwise, he or she has all the jurisdiction, powers, protections, privileges, and immunities of a Community Magistrate.
Section 11H was inserted, as from 20 May 2004, by section 6 District Courts Amendment Act 2004 (2004 No 42).

Subsection (1) was amended, as from 6 March 2007, by section 8 District Courts Amendment Act 2007 (2007 No 1) by substituting “70” for “68”.

Registrars 12 (1) Appointment of Registrar There shall from time to time be appointed for each Court a Registrar.

(2) One person may be appointed Registrar for 2 or more Courts.
27 Part 1 s 13 District Courts Act 1947 Reprinted as at 14 September 2007 (3) Each person who on the commencement of this Act holds ofﬁce as the Clerk of any Court shall without further appoint­ ment be deemed to have been appointed Registrar of that Court.
(4) All references to a Clerk of any Court in any Act, rule, regula­ tion, or other enactment, or in any judgment, order, contract, agreement, or other document whatsoever, shall, unless incon­ sistent with the context, be hereafter read as references to the Registrar of that Court.
Compare: 1928 No 14 s 15 13 (1) Record of proceedings to be kept by Registrar The Registrar of each Court shall keep or cause to be kept such records of and in relation to proceedings in the Court as may be prescribed by the chief executive of the Department for Courts.
(2) Any entry in a book or other document required by the rules to be kept by the Registrar, or a copy thereof or extract therefrom sealed with the seal of the Court and purporting to be signed and certiﬁed as a true copy or correct extract by the Regis­ trar, shall at all times without further proof be admitted in all Courts and places whatsoever as evidence of the entry and of the proceeding referred to thereby and of the regularity of that proceeding.
If the existence of a record of the Court is in dispute the exis­ tence of such record shall be determined by the Court.

Compare: 1928 No 14 ss 17, 18, 93 (3) Subsection (1) was amended, as from 1 October 1991, by section 3 District Courts Amendment Act 1991 (1991 No 61) by inserting the words “by the Sec­ retary for Justice”.
Subsection (1) was amended, as from 1 July 1995, by section 10(1) Department of Justice (Restructuring) Act 1995 (1995 No 39) by substituting the words “by the chief executive of the Department for Courts” for the words “by the Secretary for Justice”.

Deputy Registrars There may be from time to time appointed in respect of any Court one or more Deputy Registrars of the Court.
Each per­ son who on the commencement of this Act holds ofﬁce as an Assistant Clerk of any Court shall without further appointment 14 (1) 28 Reprinted as at 14 September 2007 District Courts Act 1947 Part 1 s 15 (2) (3) be deemed to have been appointed Deputy Registrar of that Court.

In any case where the Registrar or Deputy Registrar has died or is prevented by illness or other cause from acting in his ofﬁce, a Judge may appoint a Deputy Registrar to act for such period as the Judge thinks ﬁt.
A Judge may at his pleasure remove any such Deputy Registrar.

Except as may be provided by the rules, each Deputy Regis­ trar shall, both under this Act and under any other Act, have the same powers and privileges, perform the same duties, and be subject to the same provisions and penalties as if he were the Registrar for the time being, whether those powers, priv­ ileges, duties, provisions, or penalties are conferred, imposed, or enacted under this Act or that other Act, or not.
Compare: 1928 No 14 ss 19, 21 The word “Judge” in subsection (1) was substituted, as from 1 April 1980, for the word “Magistrate” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).

Subsection (3) was amended, as from 1 July 1992, by section 3 District Courts Amendment Act 1992 (1992 No 17) by inserting the words “Except as may be provided by the rules,”.
Bailiffs 15 (1) Appointment of bailiffs There shall be a bailiff or such bailiffs for each Court as may be necessary, who shall be appointed from time to time.

(2) A Judge may appoint a constable or other person to act for a particular occasion as bailiff at any Court or place.
(3) Whenever any summons, writ, warrant, or other process issued under the authority of this Act is received by any constable for service or execution, the constable in the service or execution of the process shall for all the purposes of this Act be deemed to be a bailiff duly appointed under the provisions of this sec­ tion.
Compare: 1928 No 14 s 20(1), (3) The word “Judge” in subsection (2) was substituted, as from 1 April 1980, for the word “Magistrate” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).
29 Part 1 s 16 District Courts Act 1947 Reprinted as at 14 September 2007 Deputy bailiffs 16 (1) A Judge may from time to time appoint a deputy to act for a bailiff, when he is prevented by illness or other cause from acting in his ofﬁce, and in the case of the death of a bailiff may appoint a deputy to act in the place of the bailiff until another appointment is made, and may remove any such deputy at his pleasure.
(2) Any deputy appointed as aforesaid, while acting under such appointment, shall, both under this Act and under any other Act, have the same powers and privileges, perform the same duties, and be subject to the same provisions and penalties as if he were the bailiff for the time being, whether those powers, privileges, duties, provisions, or penalties are conferred, im­ posed, or enacted under this Act or that other Act, or not.
Compare: 1928 No 14 s 21 The word “Judge” in subsection (1) was substituted, as from 1 April 1980, for the word “Magistrate” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).
Powers and duties of bailiffs Every bailiff shall— (a) Have the powers of a constable, and shall take the oath prescribed by the Summary Proceedings Act 1957 for special constables, or to the like effect, before any Just­ ice: (c) (b) Attend each sitting of the Court to which he is appointed for such time as is required, unless his presence is ex­ cused by the Court: Serve all summonses and orders and execute all war­ rants issued out of any Court and coming to his hands for the purpose of service or execution, or may authorise any person to act for him in effecting any such service or execution: Conform to all rules and regulations affecting the exe­ cution of his ofﬁce, and in other respects be subject to the directions of the Judge or Registrar: Be answerable for all acts and defaults of himself and those acting under him and by his authority, in like man­ ner as any Sheriff in New Zealand is responsible for the acts and defaults of himself and his ofﬁcers.
(d) (e) 17 (1) 30 Reprinted as at 14 September 2007 District Courts Act 1947 Part 1 s 18 (2) In executing any process of the Court the bailiff shall have such powers and be subject to such liabilities as a Sheriff has or is subject to in like cases in executing the process of the High Court.
Compare: 1928 No 14 s 22 The reference to the Summary Proceedings Act 1957 in subsection (1)(a) was substituted, as from 1 April 1958, for a reference to the Justices of the Peace Act 1927 by section 214(1) Summary Proceedings Act 1957 (1957 No 87).

The word “Judge” in subsection (1)(d) was substituted, as from 1 April 1980, for the word “Magistrate” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).
The words “High Court” in subsection (2) were substituted, as from 1 April 1980, for the words “Supreme Court” pursuant to section 12 Judicature Amend­ ment Act 1979 (1979 No 124).

17A Sections 314A to 314D of Crimes Act 1961 inapplicable to bailiffs Sections 314A to 314D of the Crimes Act 1961 (which relate to a general power to stop vehicles) do not apply to any bailiff.

Section 17A was inserted, as from 1 January 1998, by section 25 Crimes Amendment Act (No 2) 1997 (1997 No 93).
Miscellaneous provisions as to ofﬁcers 18 Penalty for assaulting ofﬁcers If any person assaults an ofﬁcer of a Court while in the execu­ tion of his duty, that person shall be liable, on an order made by a Judge in that behalf, to a ﬁne not exceeding $300, and the bailiff or any constable may take him into custody, with or without warrant, and bring him before a Judge: Provided that nothing in this section shall be deemed to prevent pro­ ceedings in respect of that assault being taken against that person under some other Act instead of under this section.
Compare: 1928 No 14 s 23; County Courts Act 1934, s 31 (UK) Section 18 was amended, as from 1 May 1981, by section 16 District Courts Amendment Act 1980 (1980 No 83) by substituting the expression “$300” for the expression “$40”.

The word “Judge” in subsection (1) was substituted, as from 1 April 1980, for the word “Magistrate” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).
31 Part 1 s 19 District Courts Act 1947 Reprinted as at 14 September 2007 19 Misconduct of ofﬁcers (1) If any ofﬁcer of a Court is charged— (a) With extortion or misconduct while acting under colour or pretence of the process of the Court; or (b) With not duly paying or accounting for any money levied or received by him under the authority of this Act,— it shall be lawful for a Judge to inquire into the matter in a summary way.
For the purpose of any such inquiry as aforesaid, the Judge may summon and enforce the attendance of all necessary par­ ties in like manner as the attendance of witnesses in any action may be enforced.
(2) (3) On the inquiry the Judge may make such order as he thinks just for the repayment of any money extorted or the due payment of any money levied, and for the payment of damages and costs, and also, if he thinks ﬁt, may impose such ﬁne upon the ofﬁcer, not exceeding $300 for each offence, as appears to him to be adequate.
Compare: 1928 No 14 ss 25, 26; County Courts Act 1934, s 32 (UK) The word “Judge” in subsections (1) to (3) was substituted, as from 1 April 1980, for the word “Magistrate” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).

Subsection (3) was amended, as from 1 May 1981, by section 16 District Courts Amendment Act 1980 (1980 No 83) by substituting the expression “$300” for the expression “$40”.
Ofﬁcers of Court not to act as solicitors therein Except as provided by this Act or the rules or by any other enactment, no ofﬁcer of a Court shall be directly or indirectly engaged as solicitor or agent for any party in any proceedings in any Court.

Every person who contravenes the provisions of this section shall, for each offence, be liable on summary conviction to a ﬁne not exceeding $150.
Compare: County Courts Act 1934, s 30 (UK) Subsection (2) was amended, as from 1 May 1981, by section 16 District Courts Amendment Act 1980 (1980 No 83) by substituting the expression “$150” for the expression “$20”.
20 (1) (2) 32 Reprinted as at 14 September 2007 District Courts Act 1947 Part 1 s 22 21 (1) (2) (3) (4) Sittings Place of sittings Regular sittings of the Courts for the dispatch of civil business may be held in the Courthouse in any city, borough, or other place appointed under subsection (1) of section 4 of this Act.

Special or adjourned sittings for the dispatch of civil business may be held in any such Courthouse as aforesaid or in any other place wheresoever which the Judge deems convenient.
Sittings for the dispatch of summary criminal business by the Courts may be held in the Courthouse in any city, borough, or place appointed under subsection (2) of section 4 of this Act, or in any other place wheresoever which the Judge or the Just­ ice or Justices or the Community Magistrate or Community Magistrates constituting the Court deem convenient.
Sittings for the conduct of trials on indictment may be held in a courthouse in any city, borough, or place appointed for the purpose under section 4(2A) of this Act.

The word “Judge” in subsection (2) and (3) was substituted, as from 1 April 1980, for the word “Magistrate” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).

Subsection (3) was amended, as from 1 May 1981, by section 8(1) District Courts Amendment Act 1980 (1980 No 83) by inserting the word “summary”.
Subsection (3) was amended, as from 30 June 1998, by section 4 District Courts Amendment Act 1998 (1998 No 76), by inserting the words “or the Community Magistrate or Community Magistrates”.

Subsection (4) was inserted, as from 1 May 1981, by 8(2) District Courts Amendment Act 1980 (1980 No 83).
22 (1) Times of sittings Sittings for the dispatch of civil business and sittings for the dispatch of criminal business shall be held on such days and at such times as may be appointed by the Judge exercising jurisdiction at the place in which the sittings are held: Provided that the days appointed for regular sittings shall be subject to the approval of the Chief District Court Judge.
(2) Nothing in this section shall derogate from the power of the Judge or any Justices or any Community Magistrate or Com­ munity Magistrates to hold sittings on any day or at any time for the disposal of criminal business.
Compare: 1928 No 14 s 6(1) 33 Part 1 s 23 District Courts Act 1947 Reprinted as at 14 September 2007 Subsection (1) was amended, as from 1 April 1980, by section 8(3) District Courts Amendment Act 1979 (1979 No 125) by substituting the words “Chief District Court Judge” for the words “Minister of Justice”.

The word “Judge” was substituted, as from 1 April 1980, for the word “Magis­ trate” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).
Subsection (2) was amended, as from 30 June 1998, by section 5 District Courts Amendment Act 1998 (1998 No 76), by inserting the words “or any Community Magistrate or Community Magistrates”.

Adjourned sittings 23 (1) A Judge may from time to time adjourn any Court held by him.
If for any cause a sitting of the Court in the exercise of its civil (2) or criminal jurisdiction cannot be held upon a day appointed by reason of the absence of the Judge or otherwise, the Registrar, after exercising any powers which he is authorised to exercise by or under this Act or any other enactment, may adjourn the Court to such day as he thinks convenient.
Compare: 1928 No 14 s 43; County Courts Act 1934, s 36 (UK) The word “Judge” was substituted, as from 1 April 1980, for the word “Magis­ trate” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).

Part 2 Criminal jurisdiction Sections 24–28 were repealed, as from 1 April 1958, by section 214(1) Sum­ mary Proceedings Act 1957 (1957 No 87).

Sections 24–28 were repealed, as from 1 April 1958, by section 214(1) Sum­ mary Proceedings Act 1957 (1957 No 87).


Sections 24–28 were repealed, as from 1 April 1958, by section 214(1) Sum­ mary Proceedings Act 1957 (1957 No 87).
24 25 26 27 28 34 Reprinted as at 14 September 2007 District Courts Act 1947 Part 2A s 28A Part 2A Criminal jurisdiction in respect of indictable offences Part 2A (comprising sections 28A to 28J) was inserted, as from 1 May 1981, by section 9 District Courts Amendment Act 1980 (1980 No 83).
28A Extent of jurisdiction under Part 2A of this Act (1) A Court that is sitting at a city, borough, or place appointed under section 4(2A) of this Act and is presided over by a trial Judge shall have jurisdiction under this Part of this Act in re­ spect of the following offences: (a) The indictable offences referred to in section 6(2) of the Summary Proceedings Act 1957: The indictable offences described in the enactments re­ ferred to in Schedule 1 to that Act: Any offence for which the accused elects under section 66 of that Act to be tried by a jury: The indictable offences referred to in Part 1 of Schedule 1A to this Act: The indictable offences referred to in Part 2 of Schedule 1A to this Act (including any offence against section 128 of the Crimes Act 1961 arising out of an act or omission occurring before 1 February 1986), in any case where— (i) The proceedings are transferred to the Court under the Summary 168AA of section Proceedings Act 1957; or (ii) A person pleads guilty under section 153A or section 168 of the Summary Proceedings Act 1957, before or during the preliminary hearing, to any such offence: Conspiring to commit any indictable offence referred to in Part 1 or Part 2 of Schedule 1A to this Act: (b) (c) (d) (e) (f) (g) Attempting to commit any indictable offence referred to in Part 1 or Part 2 of Schedule 1A to this Act, or inciting or counselling or attempting to procure any person to commit any such offence which is not committed: 35 Part 2A s 28B District Courts Act 1947 Reprinted as at 14 September 2007 (h) Being an accessory after the fact to any indictable of­ fence referred to in Part 1 or Part 2 of Schedule 1A to this Act.
(2) Notwithstanding anything in any of paragraphs (d), (f), (g), and (h) of subsection (1) of this section, a Court shall not have jurisdiction under this Part of this Act to try a person charged with an offence against any of sections 109, 113, 115, 116, and 117 of the Crimes Act 1961 if the charge relates to proceedings that were held in the High Court.

Part 2A (comprising sections 28A to 28J) was inserted, as from 1 May 1981, by section 9 District Courts Amendment Act 1980 (1980 No 83).
Section 28A was substituted, as from 1 October 1991, by section 4 District Courts Amendment Act 1991 (1991 No 61).

Subsection (1)(e) was substituted, as from 2 September 1996, by section 4 Dis­ trict Courts Amendment Act 1996 (1996 No 119).
Subsection (1)(e) was amended, as from 20 May 2005, by section 10 Crimes Amendment Act 2005 (2005 No 41) by inserting the words “(including any offence against section 128 of the Crimes Act 1961 arising out of an act or omission occurring before 1 February 1986)” after the words “this Act”.

Subsection (1)(f) to (h) was inserted, as from 1 March 1996, by section 2(1) Dis­ trict Courts Amendment Act 1995 (1995 No 65).

See section 2(3) of that Act as to the transitional provisions.
See regulation 2 District Courts Amendment Act Commencement Order 1996 (SR 1996/3).

Subsection (2) was amended, as from 1 March 1996, by section 2(2) District Courts Amendment Act 1995 (1995 No 65) by substituting the words “any of paragraphs (d), (f), (g), and (h) of subsection (1)” for the expression “subsection (1)(d)”.
28B Appointment of trial Judges (1) (2) The Governor­General shall from time to time, by warrant under his hand, appoint sufﬁcient trial Judges to exercise the criminal jurisdiction of the Courts under this Part of this Act.

Except as provided in section 28C of this Act, nothing in this Part of this Act shall limit or affect the power of a trial Judge to exercise any of the other jurisdictions of the Courts or the powers of a Judge.
Part 2A (comprising sections 28A to 28J) was inserted, as from 1 May 1981, by section 9 District Courts Amendment Act 1980 (1980 No 83).
28C Trial Judge not to act in certain cases No trial Judge shall conduct the trial of any person under this Part of this Act in respect of any indictable offence if— 36 Reprinted as at 14 September 2007 District Courts Act 1947 Part 2A s 28E (a) He conducted the preliminary hearing and committed the accused for trial in respect of that offence under the Summary Proceedings Act 1957; or (b) He has taken any evidence in respect of that offence under section 174 or section 175 or section 178 of that Act.
Part 2A (comprising sections 28A to 28J) was inserted, as from 1 May 1981, by section 9 District Courts Amendment Act 1980 (1980 No 83).

28D Constitution and procedure of Court (1) Subject to sections 361B and 361C of the Crimes Act 1961, every trial upon indictment under this Part of this Act shall be held before a trial Judge and a jury of 12 persons.

The provisions of the Juries Act 1981, so far as they are ap­ plicable and with the necessary modiﬁcations, shall apply to every such trial.
(2) (3) Where any person is committed to a District Court for trial, the provisions of Parts 12 and 13 of the Crimes Act 1961, so far as they are applicable and with the necessary modiﬁcations, shall apply until the matter is ﬁnally disposed of.

Part 2A (comprising sections 28A to 28J) was inserted, as from 1 May 1981, by section 9 District Courts Amendment Act 1980 (1980 No 83).
Subsection (1) was amended, as from 1 March 1996, by section 4(2) Crimes Amendment Act (No 2) 1995 (1995 No 68) by substituting the words “Sub­ ject to sections 361B and 361C of the Crimes Act 1961, every” for the word “Every”.

See section 6(1) of that Act for the transitional and savings provisions relating to power of District Court to order trial by Trial Judge alone.

See also regulation 2 Crimes Amendment Act Commencement Order 1996 (SR 1996/1).
The reference to the Juries Act 1981 in subsection (2) was substituted, as from 1 May 1982, for a reference to the Juries Act 1908 by section 37(1) Juries Act 1981 (1981 No 23).

28E Powers of Court (1) Any Court exercising jurisdiction under this Part of this Act may summons witnesses; and sections 20 and 26 to 29 of the Summary Proceedings Act 1957, with any necessary modiﬁ­ cations, shall apply.
(2) Any Court exercising jurisdiction under this Part of this Act may adjourn any trial and grant the accused person bail; and section 46 of the Summary Proceedings Act 1957 and sections 37 Part 2A s 28F District Courts Act 1947 Reprinted as at 14 September 2007 28 to 34 of the Bail Act 2000, with any necessary modiﬁca­ tions, shall apply.
(2A) Where, by virtue of subsection (2) of this section or of any of the provisions applied by that subsection, an accused person is granted or refused bail, or any District Court Judge varies or revokes or substitutes or imposes any condition of bail, or refuses to vary or revoke or substitute or impose any condi­ tion of bail, the provisions of sections 41 and 42 of the Bail Act 2000, as far as they are applicable and with all necessary modiﬁcations, shall apply accordingly.
(2B) Where a Court makes an order under paragraph (a) or para­ graph (b) of section 138(2) or section 140 of the Criminal Justice Act 1985 or refuses to make any such order, either the prosecutor or the applicant may appeal to the High Court against the making of that order or refusal; and the provisions of section 115C of the Summary Proceedings Act 1957, as far as they are applicable and with all necessary modiﬁcations, shall apply accordingly.
(3) Any Court exercising jurisdiction under this Part of this Act may grant leave to the defendant to withdraw a plea of guilty at any time before he has been sentenced or otherwise dealt with.

Part 2A (comprising sections 28A to 28J) was inserted, as from 1 May 1981, by section 9 District Courts Amendment Act 1980 (1980 No 83).

Subsection (2) was substituted, and subsection (2A) was inserted, as from 1 De­ cember 1991, by section 2 District Courts Amendment Act (No 2) 1991 (1991 No 107).
Subsection (2) was amended, as from 1 January 2001, by section 74(2) Bail Act 2000 (2000 No 38), by substituting the words “section 46 of the Summary Proceedings Act 1957 and sections 28 to 34 of the Bail Act 2000” for the words “sections 46 to 50A of the Summary Proceedings Act 1957”.

See section 75 of that Act as to the savings provisions.
Subsection (2A) was amended, as from 1 January 2001, by section 74(2) Bail Act 2000 (2000 No 38), by substituting the words “sections 41 and 42 of the Bail Act 2000” for the words “sections 115D and 115E of the Summary Proceedings Act 1957”.

See section 75 of that Act as to the savings provisions.

Subsection (2B) was inserted, as from 1 September 1993, by section 5(1) Crimes Amendment Act (No 2) 1993 (1993 No 46).
28F Maximum sentences (1) This subsection applies to any case where— 38 Reprinted as at 14 September 2007 District Courts Act 1947 Part 2A s 28F (a) A person is found guilty on indictment in a District Court; or (b) A person who has been committed to a District Court for trial, or whose trial has been transferred to a District Court by order made under section 168AA(2) of the Summary Proceedings Act 1957, pleads guilty— (i) Under section 321 of the Crimes Act 1961, at any time before the commencement of the trial; or (ii) Under section 356 of that Act, either when called upon to plead or subsequently during the trial.
(2) (3) (4) In any case to which subsection (1) of this section applies, the Court may sentence the person to imprisonment or a ﬁne or both, not exceeding,— (a) In the case of imprisonment, the maximum term pre­ scribed by law; or In the case of a ﬁne, the maximum amount prescribed by law or, if no maximum amount is so prescribed, $10,000.
(b) This subsection applies to any case where— (a) A person pleads guilty under section 153A or section 168 of the Summary Proceedings Act 1957, before or during the preliminary hearing, to— (i) Any indictable offence triable summarily de­ scribed in section 6(2) of that Act; or (ii) Any indictable offence triable summarily de­ scribed in Schedule 1 to that Act; or (iii) Any offence for which the accused elects trial by jury under section 66 of that Act; or (iv) Any indictable offence referred to in Part 1 of Schedule 1A to this Act; or (v) Any indictable offence referred to in Part 2 of Schedule 1A to this Act; and The Court accepts jurisdiction.
(b) In any case to which subsection (3) of this section applies,— Any trial Judge may sentence the person to imprison­ (a) ment or a ﬁne or both, not exceeding,— (i) In the case of imprisonment, the maximum term prescribed by law; or 39 Part 2A s 28G District Courts Act 1947 Reprinted as at 14 September 2007 (ii) In the case of a ﬁne, the maximum amount pre­ scribed by law or, if no maximum amount is so prescribed, $10,000: (b) Any Judge who is not a trial Judge may sentence the person to imprisonment or a ﬁne or both, not exceeding the maximum term or amount prescribed by section 7 of the Summary Proceedings Act 1957.
Part 2A (comprising sections 28A to 28J) was inserted, as from 1 May 1981, by section 9 District Courts Amendment Act 1980 (1980 No 83).

Section 28F was substituted, as from 1 October 1991, by section 5 District Courts Amendment Act 1991 (1991 No 61).

Subsections (3) and (4) were substituted, as from 2 September 1996, by section 5 District Courts Amendment Act 1996 (1996 No 119).
28G Judge may decline to sentence Notwithstanding section 28F of this Act, in any case to which that section would otherwise apply, the Judge may decline to sentence the offender under that section and instead commit him to the High Court for sentence; and sections 169 to 171 of the Summary Proceedings Act 1957, with any necessary modi­ ﬁcations, shall apply.

Part 2A (comprising sections 28A to 28J) was inserted, as from 1 May 1981, by section 9 District Courts Amendment Act 1980 (1980 No 83).
28H Appeal against sentence (1) This section applies in any case where a sentence is imposed under section 28F(4) of this Act.
(2) Where this section applies, then,— (a) In any case where the sentence imposed exceeds the maximum term of imprisonment or the maximum ﬁne that may be imposed by a District Court under section 7 of the Summary Proceedings Act 1957, the person sentenced, and the Solicitor­General with the leave of the Court of Appeal, may appeal to the Court of Appeal against the sentence as if the sentence had been imposed by the High Court after the person’s conviction in the High Court, and, in any such case,— (i) Notice of any appeal under this paragraph shall be given in accordance with section 388 of the Crimes Act 1961; and 40 Reprinted as at 14 September 2007 District Courts Act 1947 Part 2A s 28J (b) (ii) The provisions of section 388 of the Crimes Act 1961 and the other provisions of that Act, with any necessary modiﬁcations, shall apply accord­ ingly as if the appeal were one to which section 388 of that Act relates: In any other case, the person sentenced, and the pros­ ecutor with the consent of the Solicitor­General given under section 115A(2) of the Summary Proceedings Act 1957, may appeal against the sentence, and Part 4 of the Summary Proceedings Act 1957, with any neces­ sary modiﬁcations, shall apply.
Part 2A (comprising sections 28A to 28J) was inserted, as from 1 May 1981, by section 9 District Courts Amendment Act 1980 (1980 No 83).

Section 28H was amended, as from 18 December 1992, by section 2 District Courts Amendment Act (No 3) 1992 (1992 No 138) by substituting the expres­ sion “section 28F(4)” for the expression “section 28F(2)”.

Section 28H was substituted, as from 2 September 1996, by section 6 District Courts Amendment Act 1996 (1996 No 119).
28I Enforcement of penalties Where a Court exercising jurisdiction under this Part of this Act adjudges or orders any sum of money to be paid by a con­ viction or an order, whether as a ﬁne or for costs or other­ wise, the sum may be recovered under Part 3 of the Summary Proceedings Act 1957; and that Part, with any necessary modi­ ﬁcations, shall apply.

Part 2A (comprising sections 28A to 28J) was inserted, as from 1 May 1981, by section 9 District Courts Amendment Act 1980 (1980 No 83).
28J Transfer of proceedings (1) Where any person is committed under section 168A of the Summary Proceedings Act 1957 to a District Court for trial, or where proceedings have been transferred to a District Court for trial by order made under section 168AA of that Act, the accused person or the prosecutor may, either before or after an indictment is presented, apply to a Judge of the High Court for an order directing that the person be tried in the High Court.
If it appears to the Judge, after giving the accused person and the prosecutor reasonable opportunity to be heard on the mat­ ter, that the accused person should be tried in the High Court, (2) 41 Part 3 s 29 District Courts Act 1947 Reprinted as at 14 September 2007 he may order that the proceedings be transferred to the High Court for the trial of the accused person at the place speciﬁed in the order.
(3) Notwithstanding subsections (1) and (2) of this section, if a Judge of the High Court is satisﬁed that an indictment pend­ ing in a District Court in any city, borough, or other place is ready for trial and that it may be more expeditiously dealt with at a sitting of the High Court at that city, borough, or place, he may, with the consent of the accused person and the prosecu­ tor, order that the proceedings be transferred to the High Court for the trial of the accused person at the place speciﬁed in the order.
(4) Where an order is made under this section, sections 322 to 326 of the Crimes Act 1961, with any necessary modiﬁcations, shall apply as if the District Court were the Court of committal and the High Court were the substituted Court.

Part 2A (comprising sections 28A to 28J) was inserted, as from 1 May 1981, by section 9 District Courts Amendment Act 1980 (1980 No 83).
Subsection (1) was amended, as from 1 October 1981, by section 8(2) Summary Proceedings Amendment Act 1991 (1991 No 62) by inserting the words “or where proceedings have been transferred to a District Court for trial by order made under section 168AA of that Act,”.
Part 3 Civil jurisdiction and transfer of proceedings General jurisdiction in respect of proceedings The Courts shall have jurisdiction to hear and determine any proceeding where the debt, demand, or damages, or the value of the chattels claimed, is not more than $200,000, whether on balance of account or otherwise: Provided that the Courts shall not, except as in this Act pro­ vided, have jurisdiction to hear and determine— Any proceeding for the recovery of land; or (a) (b) Any proceeding in which the title to any fran­ chise is in question.
The Courts shall have jurisdiction to hear and determine any proceeding where the debt or demand claimed consists of a balance not exceeding $200,000, after a set­off of any debt 29 (1) (2) 42 Reprinted as at 14 September 2007 District Courts Act 1947 Part 3 s 31 or demand claimed or recoverable by the defendant from the plaintiff, being a set­off admitted by the plaintiff in the par­ ticulars of the plaintiff’s claim or demand.
Section 29 was amended, as from 1 January 1972, by section 2(a) District Courts Amendment Act 1971 (1971 No 56).

It was amended, as from 1 April 1980, by section 9(1)(a) District Courts Amendment Act 1979 (1979 No 125).

It was amended, as from 13 November 1989, by section 2(1)(a) District Courts Amendment Act 1989 (1989 No 107).

Sections 29 and 30 and a heading Claims Founded on Contract or Tort were substituted, as from 1 July 1992, by section 6(1) District Courts Amendment Act 1991 (1991 No 61).
Section 29 was substituted, and the preceding heading Claims Founded on Con­ tract or Tort were repealed, as from 1 July 1992, by section 2 District Courts Amendment Act (No 2) 1992 (1992 No 53).
30 Money recoverable by statute (1) The Courts shall have jurisdiction to hear and determine any proceeding for the recovery of any penalty, expenses, contri­ bution, or other like demand which is recoverable by virtue of any enactment for the time being in force, if— (a) It is not expressly provided by that or any other enact­ ment that the demand shall be recoverable only in some other Court; and The amount claimed in the proceeding does not exceed the sum of $200,000.
(b) (2) 31 (1) For the purposes of this section the expression penalty shall not include a ﬁne to which any person is liable on conviction on indictment or on summary conviction.

Section 30 was amended, as from 1 January 1972, by section 2(b) District Courts Amendment Act 1971 (1971 No 56).

It was amended, as from 1 April 1980, by section 9(1)(b) District Courts Amendment Act 1979 (1979 No 125).

It was amended, as from 13 November 1989, by section 2(1)(b) District Courts Amendment Act 1989 (1989 No 107).
Sections 29 and 30 and the preceding heading were substituted, as from 1 July 1992, by section 6(1) District Courts Amendment Act 1991 (1991 No 61).
Jurisdiction in proceeding for recovery of land The Courts shall have jurisdiction to hear and determine any proceeding for the recovery of land where the rent (if any) payable in respect thereof does not exceed the rate of $62,500 a year or where the value of the land in question does not exceed $500,000 in the following cases: 43 Part 3 s 31 District Courts Act 1947 Reprinted as at 14 September 2007 (a) Where the term and interest of the tenant of any land held by him at will, or for any term, whether the tenant is or is not liable for the payment of any rent has ended or been determined, either by the landlord or by the ten­ ant, by a legal notice to quit or demand of possession, and the tenant, or (if the tenant does not actually occupy the land, or occupies only a part thereof) any person by whom the same or any part thereof is then actually oc­ cupied, has neglected or refused to quit and deliver up possession of the land or of such part thereof respect­ ively: (b) Where any tenant holding any land under any demise or agreement, either written or verbal, is in arrear in payment of rent for such period that the landlord is en­ titled to exercise a right of re­entry under the terms of the demise or agreement: In the circumstances referred to in the next succeeding section: (c) (d) Where any person without right, title, or licence is in possession of any land.
(2) (3) Where the capital value of any land appears in the district valu­ ation roll for the time being in force that value shall be taken to be the value of the land for the purposes of this section.

Compare: 1928 No 14 ss 27(f), 180­183; County Courts Act 1934, s 48 (UK) Subsection (1) was amended, as from 18 October 1961, by section 3(a) District Courts Amendment Act 1961 (1961 No 20) by substituting the words “ﬁve hun­ dred and ﬁfty pounds” for the words “three hundred and twenty ﬁve pounds”.
Subsection (1) was amended, as from 18 October 1961, by section 3(b) District Courts Amendment Act 1961 (1961 No 20) by substituting the words “seven thousand pounds” for the words “four thousand pounds”.

Subsection (1) was amended, as from 1 January 1972, by section 3(a) Dis­ trict Courts Amendment Act 1971 (1971 No 56) by substituting the expression “$2,000” for the words “eleven hundred dollars”.
Subsection (1) was amended, as from 1 January 1972, by section 3(b) Dis­ trict Courts Amendment Act 1971 (1971 No 56) by substituting the expression “$25,000” for the words “fourteen thousand dollars”.

Subsection (1) was amended, as from 1 April 1980, by section 10(1)(a) Dis­ trict Courts Amendment Act 1979 (1979 No 125) by substituting the expression “$6,000” for the expression “$2,000”.
44 Reprinted as at 14 September 2007 District Courts Act 1947 Part 3 s 32 Subsection (1) was amended, as from 1 April 1980, by section 10(1)(b) Dis­ trict Courts Amendment Act 1979 (1979 No 125) by substituting the expression “$50,000” for the expression “$25,000”.
Subsection (1) was amended, as from 13 November 1989, by section 3(1)(a) District Courts Amendment Act 1989 (1989 No 107) by substituting the ex­ pression “$25,000” for the expression “$6,000” Subsection (1) was amended, as from 13 November 1989, by section 3(1)(b) District Courts Amendment Act 1989 (1989 No 107) by substituting the ex­ pression “$200,000” for the expression “$50,000”.
Subsection (1) was amended, as from 1 July 1992, by section 7(1)(a) District Courts Amendment Act 1991 (1991 No 61) by substituting the word “proceed­ ing” for the word “action”.
Subsection (1) was amended, as from 1 July 1992, by section 7(1)(b) District Courts Amendment Act 1991 (1991 No 61) by substituting the words “$62,500 a year or where the value of the land in question does not exceed $500,000” for the words “$25,000 a year or (if no such rent is payable) where the value of the land in question does not exceed $200,000”.

Subsection (2) was repealed, as from 21 October 1949, by section 48(2)(a) Statutes Amendment Act 1949 (1949 No 51).
Landlord’s right where rent is in arrear or premises deserted If the rent payable by any tenant holding any land by the week, or month, or quarter, or any longer term not exceeding 3 years, is in arrear for 10 days in the case of a weekly tenancy, or 21 days in the case of a monthly tenancy, or 30 days in the case of a quarterly tenancy, or 42 days in the case of a tenancy for any such longer term, and if no right of re­entry for non­payment of rent has been expressly reserved to the landlord by agree­ ment, the landlord shall be entitled, subject to the provisions of subsection (3) hereof, without any formal demand or re­en­ try, to an order for recovery of the land If a tenant holding any land under a demise or agreement, ei­ ther written or verbal, is in arrear for 2 months in the payment of rent and deserts the premises leaving the same uncultivated or unoccupied so that no sufﬁcient distress can be had to coun­ tervail the arrears of rent, then, subject to the provisions of the next succeeding subsection, and, although no right of re­en­ try for deserting the premises or for non­payment of rent may have been expressly conferred on the landlord, the landlord shall be entitled to an order for recovery of the land.
45 32 (1) (2) Part 3 s 33 District Courts Act 1947 Reprinted as at 14 September 2007 If at any time before the execution of any warrant issued in pursuance of an order made under the foregoing provisions of this section the full amount of the rent due to the date of judgment and all costs including the costs of the order and of the warrant (if any) is paid, the proceedings shall cease, and if a warrant has been issued, it shall be withdrawn.
Compare: 1928 No 14 ss 181, 182 Subsection (1) was amended, as from 21 October 1949, by section 48(2)(b) Statutes Amendment Act 1949 (1949 No 51) by omitting the words “A tenant holding land on any tenancy shall, for the purposes of this section, be deemed to be holding the land on a monthly tenancy unless he proves that there is an agreement for a tenancy of some other duration”.
(b) Jurisdiction as to building societies The Courts shall have jurisdiction in relation to— (a) The settlement of disputes between any building society and its members where the amount involved does not exceed $200,000: The recovery of money and enforcement of claims by or against any building society not exceeding in amount or value the sum of $200,000: All other matters arising under the Building Societies Act 1965 not exceeding in amount or value the sum of $200,000.
Compare: 1928 No 14 s 27(j) (c) Paragraphs (a) to (c) were amended, as from 1 January 1972, by section 2(c) District Courts Amendment Act 1971 (1971 No 56) by substituting the expres­ sion “$3,000” for the words “two thousand dollars”.

Paragraphs (a) to (c) were further amended, as from 1 April 1980, by section 9(1)(c) District Courts Amendment Act 1979 (1979 No 125) by substituting the expression “$12,000” for the expression “$3,000”.
Paragraphs (a) to (c) were further amended, as from 13 November 1989, by section 2(c) District Courts Amendment Act 1989 (1989 No 107) by substituting the expression “$50,000” for the expression “$12,000”.

Paragraphs (a) to (c) were further amended, as from 1 July 1992, by section 8(1) District Court Amendment Act 1991 (1991 No 61) by substituting the ex­ pression “$200,000” for the expression “$50,000”.
The reference to the Building Societies Act 1965 in paragraph (c) was substi­ tuted, as from 1 January 1966, for a reference to the Building Societies Act 1908 by section 139(1) Building Societies Act 1965 (1965 No 22).
(3) 33 46 Reprinted as at 14 September 2007 District Courts Act 1947 Part 3 s 34 Equity proceedings 34 (1) Equity jurisdiction Subject to the provisions of this Act, the Courts shall have— The same equitable jurisdiction as the High Court to (a) hear and determine any proceeding (other than a pro­ ceeding in which the amount claimed or the value of the property claimed or in issue is more than $200,000): Jurisdiction to hear and determine any proceeding for the dissolution or winding up of any partnership (whether or not the existence of the partnership is in dispute), where the whole assets of the partnership do not exceed in amount or value the sum of $200,000.
(b) (2) Where jurisdiction in respect of any proceeding or class of pro­ ceeding is, by virtue of any provision of any Act (not being section 16 of the Judicature Act 1908) that relates expressly to that proceeding or class of proceeding, exercisable by the High Court or any other Court (not being a District Court), District Courts shall not by virtue of subsection (1)(a) of this section or section 29(1) of this Act have the equitable jurisdiction of the High Court in respect of that proceeding or class of pro­ ceeding.
(2A) Notwithstanding subsection (2) of this section, the District Courts shall have the power to make orders pursuant to sec­ tion 49 of the Administration Act 1969.

(3) No proceeding for the dissolution or winding up of a partner­ ship or order thereon shall prevent any creditor from petition­ ing for an adjudication of bankruptcy against any member or members thereof.

Section 34 was amended, as from 1 January 1972, by section 2(d) District Courts Amendment Act 1971 (1971 No 56).
It was amended, as from 1 April 1980, by section 9(1)(d) District Courts Amendment Act 1979 (1979 No 125), as from 13 November 1989, by section 2(1)(d) District Courts Amendment Act 1989 (1989 No 107), and, as from 1 July 1992, by section 9(1) District Courts Amendment Act 1991 (1991 No 61).

Section 34 was substituted, as from 1 July 1992, by section 3 District Courts Amendment Act (No 2) 1992 (1992 No 53).
Subsection (2A) was inserted, as from 2 September 1996, by section 7 District Courts Amendment Act 1996 (1996 No 119).

47 Part 3 s 35 District Courts Act 1947 Reprinted as at 14 September 2007 Miscellaneous provisions as to jurisdiction Jurisdiction where title in question 35 (1) No Court shall have cognisance of any proceedings in which the validity of any devise or bequest is in question or the limi­ tations under any will or settlement are in dispute.
(2) A Court shall have jurisdiction to hear and determine any pro­ ceedings in which the title to any corporeal or incorporeal her­ editament comes in question if the proceedings would other­ wise be within the jurisdiction of the Court.
Compare: 1928 No 14 ss 30, 31 Abandonment of part of claim to give Court jurisdiction 36 (1) Where a plaintiff has a cause of action for more than $200,000 in respect of which the Court would have had jurisdiction had the amount been not more than $200,000, the plaintiff may abandon the excess, and thereupon the Court shall have juris­ diction to hear and determine the proceeding.
(2) Where any proceeding, in which the plaintiff has abandoned part of the plaintiff’s claim under this section, is heard in a Court, the plaintiff shall not recover an amount exceeding $200,000 together with costs thereon, and the judgment of the Court in the proceeding shall be in full discharge of all demands in respect of the cause of action, and entry of the judgment shall be made accordingly.
Section 36 was amended, as from 1 January 1972, by section 2(e) District Courts Amendment Act 1971 (1971 No 56).

It was amended, as from 1 April 1980, It by section 9(1)(e) District Courts Amendment Act 1979 (1979 No 125).

was amended, as from 13 November 1989, by section 2(1)(e) District Courts Amendment Act 1989 (1989 No 107).

Section 36 was substituted, as from 1 July 1992, by section 10(1) Districts Courts Amendment Act 1991 (1991 No 61).
Extension of jurisdiction by agreement between the parties If, but for the amount or value of the subject­matter claimed or in issue, a Court would have had jurisdiction in admiralty or under sections 29 to 34 or section 111 of this Act and the parties, by memorandum signed by them or by their respective solicitors or agents, agree that a Court shall have jurisdiction to hear and determine the proceedings, that Court shall, not­ 37 48 Reprinted as at 14 September 2007 District Courts Act 1947 Part 3 s 40 withstanding anything in any enactment, have jurisdiction to hear and determine the proceedings.
Compare: 1928 No 14 s 27(h); County Courts Act 1934, ss 43, 53 (UK) Section 37 was amended, as from 23 October 1963, by section 2 District Courts Amendment Act 1963 (1963 No 100) by inserting the words “or section 111”.

Section 37 was amended, as from 9 October 1975, by section 2 District Courts Amendment Act 1975 (1975 No 87) by inserting the words “in admiralty or”.
The word “Court” was substituted, as from 1 April 1980, for the words “Magis­ trate’s Court” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).

Division of cause of action not allowed A cause of action may not be divided for the purpose of bring­ ing 2 or more proceedings or any counterclaim.
Compare: 1928 No 14 s 32 Section 38 was amended, as from 1 July 1992, by section 21 District Courts Amendment Act 1991 (1991 No 61) by substituting the word “proceedings” for the word “actions”.
Proceedings against absent defendant The Court shall not determine any proceedings against a de­ fendant absent from New Zealand unless it is satisﬁed either— That service has been effected on the defendant in ac­ (a) cordance with the rules; or That the defendant has a duly appointed agent in New Zealand authorised to sue and be sued on his behalf and service has been effected on the agent in accordance with the rules.
Compare: 1928 No 14 s 37 (b) Exercise of jurisdiction and ancillary jurisdiction Persons who exercise jurisdiction of Court Any jurisdiction and powers conferred on Courts by this or any other Act may be exercised by any Judge or, to the extent authorised by this or any other Act or by the rules, by the Registrar of the Court or by any person authorised to discharge the functions of the Registrar.
Compare: 1928 No 14 s 5(2); County Courts Act 1934, s 70 (UK) 38 39 40 49 Part 3 s 41 District Courts Act 1947 Reprinted as at 14 September 2007 41 The word “Courts” was substituted, as from 1 April 1980, for the words “Magistrates’ Courts” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).

The word “Judge” was substituted, as from 1 April 1980, for the word “Magis­ trate” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).
General ancillary jurisdiction Every Court, as regards any cause of action for the time being within its jurisdiction, shall (subject to the provisions of sec­ tion 59 of this Act) in any proceedings before it— (a) Grant such relief, redress, or remedy, or combination of remedies, either absolute or conditional; and (b) Give such and the like effect to every ground of defence or counterclaim equitable or legal,— as ought to be granted or given in the like case by the High Court and in as full and as ample a manner.
Compare: County Courts Act 1934, s 71 (UK) The word “Court” was substituted, as from 1 April 1980, for the words “Magis­ trate’s Court” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).

The words “High Court” were substituted for the words “Supreme Court”, as from 1 April 1980, pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
Ancillary powers of Judge 42 (1) A Judge shall have jurisdiction in any proceeding pending to make any order or to exercise any authority or jurisdiction which, if it related to a proceeding pending in the High Court, might be made or exercised by a Judge of the High Court in Chambers.
(2) Notwithstanding subsection (1) of this section, an interlocu­ tory injunction restraining a party to a proceeding (whether domiciled, resident or present in New Zealand) from remov­ ing from New Zealand, or otherwise dealing with, assets in New Zealand is the only interlocutory injunction in the nature of a Mareva injunction that a Judge may grant.
(3) Without limiting the power to make an order for the detention, custody, or preservation of any property, it is hereby declared that nothing in this Act authorises a Judge to make an Anton Piller order.

50 Reprinted as at 14 September 2007 District Courts Act 1947 Part 3 s 43 Section 42 was substituted, as from 1 July 1992, by section 11(1) District Courts Amendment Act 1991 (1991 No 61).
Section 42 was substituted, as from 1 July 1992, by section 4 District Courts Amendment (No 2) Act 1992 (1992 No 53).
42A Jurisdiction exclusive of interest awarded Where a Court has power to award interest under section 62B of this Act, the Court may exercise that power notwith­ standing that the inclusion of the interest in the sum for which judgment is given will cause that sum to exceed a monetary amount that, under this Act, applies in relation to the Court’s jurisdiction in respect of that proceeding.

Section 42A was inserted, as from 1 July 1992, by section 5 District Courts Amendment (No 2) Act 1992 (1992 No 53).
Transfer of proceeding 43 Transfer to High Court of proceeding within jurisdiction (1) Where there is commenced in a Court any proceeding in which the amount of the claim or the value of the property or relief claimed or in issue exceeds $50,000, the defendant in the pro­ ceeding may, within such time as may be prescribed or at any time thereafter by leave of the Judge, give notice that the de­ fendant objects to the proceeding being tried in the Court, and, where notice is so given, the Judge shall order that the proceed­ ing be transferred to the High Court.
(2) Where there is commenced in a Court any proceeding in which the amount of the claim or the value of the property or relief claimed or in issue does not exceed $50,000, the defendant may, within such time as may be prescribed or at any time thereafter by leave of the Judge, give notice that the defendant objects to the proceeding being tried in the Court, and, where notice is so given, the Judge may order that the proceeding be transferred to the High Court if, in the opinion of the Judge, some important question of law or fact is likely to arise or a question of title to any hereditament is likely to arise otherwise than incidentally.
(3) Any order for the transfer of a proceeding to the High Court made pursuant to the foregoing provisions of this section may be made subject to such conditions as the Judge thinks ﬁt re­ 51 Part 3 s 44 District Courts Act 1947 Reprinted as at 14 September 2007 (4) (5) quiring that the defendant give security for the costs of the proceedings in the High Court.
The foregoing provisions of this section shall, with the neces­ sary modiﬁcations, apply to a counterclaim as if it were a pro­ ceeding and as if the defendant in the counterclaim were the defendant in the proceeding.

On the transfer of a claim where there is a counterclaim, or of a counterclaim, all proceedings in the proceeding, including both the claim and the counter­ claim, shall be transferred.
The provisions of this section do not apply to any proceeding for the recovery of land except where the Judge certiﬁes that in the Judge’s opinion an important question of law is likely to arise or a question of title to any hereditament is likely to arise otherwise than incidentally.
(6) Notwithstanding the foregoing provisions of this section, the High Court or a Judge thereof on the application of any party to the proceeding may order the removal into the High Court, by order for certiorari or otherwise, of any proceeding com­ menced in a District Court, if the High Court or Judge thereof thinks it desirable that the proceeding should be heard and de­ termined in the High Court.
Any such removal shall be on such terms as to payment of costs, giving security, or other­ wise as the High Court or a Judge thereof thinks ﬁt to impose.

Subsections (1) and (2) were amended, as from 1 April 1980, by section 11(1) District Courts Amendment Act 1979 by substituting the expression “$3,000” for the expression “$600”.

Section 43 and the preceding heading “Transfer of Proceedings” were substi­ tuted, as from 1 July 1992, by section 11(1) District Courts Amendment Act 1991 (1991 No 61).
44 Transfer of proceedings beyond jurisdiction Where any proceedings are commenced in a Court in which the Court has no jurisdiction, the Court may, unless it is given jurisdiction by an agreement under the provisions of section 37 of this Act, order that the proceedings be transferred to the High Court or to such other Court as appears to the Court to have jurisdiction: Provided that where it appears to the Court that the plaintiff or one of the plaintiffs knew or ought to have known that the Court had no jurisdiction in the proceedings, the Court may, if it thinks ﬁt, instead 52 Reprinted as at 14 September 2007 District Courts Act 1947 Part 3 s 45 of ordering that the proceedings be transferred as aforesaid, order that they be struck out, and in such event may award costs to the same extent and recoverable in the same manner as if the Court had jurisdiction and the claim had not been established.
Compare: 1928 No 14 s 175; County Courts Act 1934, s 64 (UK) The word “Court” was substituted, as from 1 April 1980, for the words “Magis­ trate’s Court” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).

The words “High Court” were substituted for the words “Supreme Court”, as from 1 April 1980, pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
Transfer of proceedings where there is a counterclaim 45 (1) Where, in any proceeding commenced in a Court, any coun­ terclaim or set­off and counterclaim which involves matter be­ yond the jurisdiction of a Court has been ﬁled by any defen­ dant, any party to the proceeding may, within such time as may be prescribed by the High Court Rules, apply to the High Court or a Judge thereof for an order that the whole proceedings, or the proceedings on the counterclaim or set­off and counter­ claim, be transferred to the High Court.
(2) On any such application the High Court or Judge may, as it or he thinks ﬁt, order either— (a) (b) (c) That the whole proceedings be transferred to the High Court; or That the whole proceedings be heard and determined in the Court; or That the proceedings on the counterclaim or set­off and counterclaim be transferred to the High Court and that the proceedings on the plaintiff’s claim and the defence thereto other than the set­off (if any) be heard and de­ termined in the Court: Provided that, where an order is made under paragraph (c) of this subsection, and judgment on the claim is given for the plaintiff, execution thereon shall, unless the High Court or a Judge thereof at any time otherwise orders, be stayed until the proceedings transferred to the High Court have been de­ termined.
If no application is made under this section within the time pre­ scribed as aforesaid, or if on such an application it is ordered (3) 53 Part 3 s 45A District Courts Act 1947 Reprinted as at 14 September 2007 that the whole proceedings be heard and determined in the Court, the Court shall have jurisdiction to hear and determine the whole proceedings, notwithstanding any enactment to the contrary.
(4) Where the High Court makes any order under the provisions of this section, the Registrar of the High Court shall send to the Registrar of the Court a copy of the order so made.

Compare: County Courts Act 1934, s 63 (UK) Subsection (1) was substituted, as from 1 July 1992, by section 21(1) Districts Courts Amendment Act 1991 (1991 No 61).

The words “High Court” were substituted for the words “Supreme Court”, as from 1 April 1980, pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
The word “Court” was substituted, as from 1 April 1980, for the words “Magis­ trate’s Court” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).
45A Removal of summary judgment application from District Court to High Court (1) Where a summary judgment application is made in a Court, a Judge may, on the application of either party or of his or her own motion, remove into the High Court— (a) (b) Any matter arising in that summary judgment applica­ That summary judgment application; or tion.
(a) (b) (2) On any such removal, the High Court may— Determine the application or matter; or Refer the application or matter back to the District Court with such directions as the High Court thinks ﬁt.

Sections 45A and 45B, and the heading preceding section 45B, were inserted, as from 1 July 1992, by section 4 District Courts Amendment Act 1992 (1992 No 17).
Removal of question of law into High Court 45B Removal of question of law into High Court A District Court may order the removal into the High Court of any question of law ordered to be argued, and, on removal, the High Court shall have the same power to decide the question as the District Court had.
54 Reprinted as at 14 September 2007 District Courts Act 1947 Part 3 s 47 Sections 45A and 45B, and the heading preceding section 45B, were inserted, as from 1 July 1992, by section 4 District Courts Amendment Act 1992 (1992 No 17).
46 (1) Transfer of proceeding from High Court to District Court If, where a proceeding has been commenced in the High Court,— (a) An agreement is made under the provisions of section 37 of this Act that a District Court shall have jurisdic­ tion; or The subject­matter of the proceeding is within the jur­ isdiction of District Courts,— (b) the High Court or a Judge of that Court may, on the application of any party to the proceeding, order that the proceeding be transferred to a District Court.
(2) Where the subject­matter of a proceeding that has been com­ menced in the High Court is within the jurisdiction of District Courts, the High Court or a Judge of that Court may, of its or the Judge’s own motion, order that the proceeding be trans­ ferred to a District Court unless, in the opinion of the High Court or the Judge, some important question of law or fact is likely to arise in the proceeding.
Section 46 was substituted, as from 1 April 1980, by section 12 District Courts Amendment Act 1979 (1979 No 125).

Sections 46 to 48 were substituted, as from 1 July 1992, by section 12(1) District Courts Amendment Act 1991 (1991 No 61).

The words “High Court” and “District Court” were substituted for the words “Supreme Court” and “Magistrate’s Court”, as from 1 April 1980, pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124) and section 18(1) District Courts Amendment Act 1979 (1979 No 125).
47 Procedure on transfer of proceeding from High Court to District Court (1) Where any proceeding is ordered to be transferred under the provisions of section 46 of this Act from the High Court to a District Court, the proper ofﬁcer of the High Court shall, on the sealing of the order, send to the Registrar of the District Court a copy of the order, the document by which the pro­ ceeding was commenced or a copy thereof, all pleadings, afﬁ­ davits, and other documents ﬁled in the High Court relating to 55 Part 3 s 48 District Courts Act 1947 Reprinted as at 14 September 2007 the proceeding and such other documents (if any) as the High Court or a Judge may direct.
(2) On the documents aforesaid being so sent, the proceeding shall be transferred to the said District Court, and, subject to the District Courts rules, all further proceedings therein shall be heard as if the proceeding had been originally commenced in that District Court, and the District Court shall have jurisdic­ tion to deal therewith, notwithstanding any enactment to the contrary: Provided that the transfer shall not affect any right of appeal in the High Court or to the Court of Appeal from the order directing the transfer, or the right to enforce in the High Court any judgment signed, or order made, in that Court before the transfer.
Sections 46 to 48 were substituted, as from 1 July 1992, by section 12(1) District Courts Amendment Act 1991 (1991 No 61).

The words “High Court” and “District Court” were substituted for the words “Supreme Court” and “Magistrate’s Court”, as from 1 April 1980, pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124) and section 18(1) District Courts Amendment Act 1979 (1979 No 125).
Costs in cases transferred or removed 48 (1) Where a proceeding or counterclaim is ordered to be trans­ From the High Court to a District Court; or From a District Court to the High Court; or From one District Court to another District Court— ferred or removed— (a) (b) (c) the costs of the whole proceedings both before and after the transfer shall, subject to any order made by the Court which ordered the transfer, be in the discretion of the Court to which the proceeding or counterclaim is transferred, and that Court shall have power to make orders with respect thereto: Provided that, as regards so much of the proceedings in any proceeding transferred from the High Court to the District Court as take place in the High Court before the transfer,— (d) (e) The costs thereof shall be subject to the provi­ sions of the High Court Rules; and The powers of a Judge to make an order allowing costs on the High Court scale shall, subject to any order of the High Court or of the Judge by whom 56 Reprinted as at 14 September 2007 District Courts Act 1947 Part 4 s 49 the transfer was ordered, be exercisable by the District Court Judge.
(2) Where— (a) A summary judgment application or any matter arising in a summary judgment application is, after having been removed into the High Court under section 45A of this Act, referred back to a District Court; or (b) A proceeding is continued in a District Court, after a question of law in that proceeding has, under section 45B of this Act, been decided in the High Court,— the costs in the District Court of that application, matter, or proceeding, both before and after the removal into the High Court under section 45A or section 45B of this Act, shall be determined by the District Court: Provided that any costs incurred in the High Court in relation to the removal shall be determined by the High Court and shall be subject to the provisions of the High Court Rules; but may be included in any judgment or order made by the District Court as if they were costs determined by the District Court.
Sections 46 to 48 were substituted, as from 1 July 1992, by section 12(1) District Courts Amendment Act 1991 (1991 No 61).

Subsection (2) was inserted, as from 1 July 1992, by section 5 District Courts Amendment Act 1992 (1992 No 17).

The words “High Court” and “District Court” were substituted for the words “Supreme Court” and “Magistrate’s Court”, as from 1 April 1980, pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124) and section 18(1) District Courts Amendment Act 1979 (1979 No 125).
Part 4 Procedure Parties Trustees, executors, and administrators 49 (1) Any trustee, executor, or administrator may sue and be sued in a District Court in like manner as if he were a party in his own right, without joining any of the parties beneﬁcially interested in the trust or estate, and shall be considered as representing such parties in the proceeding.
57 Part 4 s 50 District Courts Act 1947 Reprinted as at 14 September 2007 (2) The Court may at any stage of the proceedings order any of such parties to be made parties to the proceeding, either in addition to or in lieu of the previously existing parties thereto.

Compare: 1928 No 14 s 48; County Courts Act 1934, s 76 (UK) Subsection (1) was amended, as from 1 July 1992, by section 21(1) District Courts Amendment Act 1991 (1991 No 61) by substituting the word “proceed­ ing” for the word “action”.
The words “District Court” were substituted for the words “Magistrate’s Court”, as from 1 April 1980, pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).

Infants 50 (1) Any person under the age of 20 years may sue in a Court for any sum of money not exceeding $200,000 which may be due to him for wages or piecework, or for work as a servant, in the same manner as if he were of full age.
(2) Any minor who is or has been married or in a civil union or is above the age of 18 years may sue or be sued without a next friend or guardian ad litem upon any cause of action arising out of contract or tort in respect of which he might sue or be sued by a next friend or guardian; and judgment may be given in the proceeding, and such proceedings may be had and taken to enforce the judgment as if the minor were of full age.
(3) Any minor who is or has been married or in a civil union or is above the age of 18 years may make or be a party to an applica­ tion under section 8 of the Domestic Actions Act 1975 without a next friend or guardian ad litem; and orders may be made on the application, and such proceedings may be had and taken to enforce any such order, as if the minor were of full age.
Compare: 1928 No 14 s 47; County Courts Act 1934, s 77 (UK) Subsection (1) was amended, as from 1 January 1971, by section 6 Age of Ma­ jority Act 1970 (1970 No 137) by substituting the expression “20” for the words “twenty­one”.

Subsection (1) was amended, as from 1 July 1992, by section 13(1) District Courts Amendment Act 1991 (1991 No 61) by substituting the expression “$200,000” for the expression “$50,000”.
Subsection (2) was amended, as from 1 January 1970, by section 18 Minors’ Contracts Act 1969 (1969 No 41) by inserting the words “who is or has been married or is”.

Subsection (2) was amended, as from 1 July 1992, by section 13(2) District Courts Amendment Act 1991 (1991 No 61) by substituting the words “the pro­ ceeding” for the words “the action”.
58 Reprinted as at 14 September 2007 District Courts Act 1947 Part 4 s 52 Subsection (2) was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by inserting the words “or in a civil union” after the word “married”.

Subsection (3) was inserted, as from 3 October 1975, by section 9(3) Domestic Actions Act 1975 (1975 No 53).
Subsection (3) was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by inserting the words “or in a civil union” after the word “married”.
Persons jointly liable 51 (1) Where a plaintiff has a claim recoverable under this Act against 2 or more persons jointly liable, it shall be sufﬁcient to serve any of those persons with process, and judgment may be obtained and execution issued against any person so served, notwithstanding that others jointly liable may not have been served or sued or may not be within the jurisdiction of the Court.
(2) Where judgment is obtained against any person as aforesaid and is satisﬁed either in part or for the whole amount by that person, he shall be entitled to recover in a Court contribution from any other person jointly liable with him.

Compare: 1928 No 14 s 56; County Courts Act 1934, s 78 (UK) The word “Court” in subsection (2) was substituted, as from 1 April 1980, for the words “Magistrate’s Court” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).
52 (1) (2) Bankruptcy of plaintiff The bankruptcy of the plaintiff in any proceeding in a Court which the Ofﬁcial Assignee might maintain for the beneﬁt of the creditors shall not cause the proceeding to abate if, within such reasonable time as the Court orders, the Ofﬁcial Assignee elects to continue the proceeding.

The hearing of the proceeding may be adjourned until such an election is made.
(3) Where the Ofﬁcial Assignee does not elect to continue the pro­ ceeding within the time limited by the order, the defendant may avail himself of the bankruptcy as a defence to the pro­ ceeding.

Compare: 1928 No 14 s 63; County Courts Act 1934, s 76 (UK) 59 Part 4 s 53 District Courts Act 1947 Reprinted as at 14 September 2007 Section 52 was amended, as from 1 July 1992, by section 21 District Courts Amendment Act 1991 (1991 No 61) by substituting the word “proceeding” for the word “action”.
The word “Court” in subsection (1) was substituted, as from 1 April 1980, for the words “Magistrate’s Court” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).
Witnesses and evidence 53 Witness entitled to expenses Every witness attending a Court upon a witness summons, and every other person giving evidence in the course of proceed­ ings, shall be entitled as against the party calling him to a sum for his expenses and loss of time according to the prescribed scale: Provided that the Court may disallow the whole or any part of such sum.
Compare: 1928 No 14 s 89 Penalty for neglecting witness summons 54 (1) Any person summoned in pursuance of the rules as a witness in any Court who— (a) Refuses or neglects, without sufﬁcient cause, to appear or to produce any documents required by the summons to be produced; or Refuses to be sworn or to give evidence,— (b) is liable to a ﬁne not exceeding $300: Provided that no person so summoned shall be liable to such penalty as aforesaid unless there has been paid or tendered to him at the time of the service of the summons, or at some other reasonable time before the hearing, such sum in respect of his expenses as may be prescribed.
(3) (2) Any person present in Court who is required to give evidence but refuses to be sworn or give evidence is liable to a like penalty.

The payment of such ﬁne or the undergoing of a term of im­ prisonment for non­payment of such ﬁne shall not exempt any person from any action for disobeying a summons or refusing to be sworn or give evidence.
Compare: 1928 No 14 s 90; County Courts Act 1934, s 81 (UK) 60 Reprinted as at 14 September 2007 District Courts Act 1947 Part 4 s 56 55 (1) (2) 56 Subsection (1) was amended, as from 1 May 1981, by section 16 District Courts Amendment Act 1980 (1980 No 83) by substituting the expression “$300” for the expression “$40”.
Examination of witnesses and service of process abroad The District Court may, on application made in accordance with the rules, issue a commission, request, or order to exam­ ine witnesses abroad for the purpose of any proceedings.

The District Court may, on application in accordance with the rules, direct and supervise the service abroad of any process of the Court.

Section 55 was substituted, as from 13 January 1983, by section 3 District Courts Amendment Act 1983 (1983 No 49).
Section 55 was substituted, as from 1 January 1986, by section 11(2) Judicature Amendment Act (No 2) 1985 (1985 No 112).

Section 55 was substituted, as from 1 July 1992, by section 6 District Courts Amendment Act 1989 (1989 No 107).

See regulation 2 District Courts Amend­ ment Act Commencement Order 1992 (SR 1992/164).
Persons who may take afﬁdavits, etc An afﬁdavit or afﬁrmation to be used in a Court may be sworn or made before any Judge or Registrar, or before any Justice, or before any Community Magistrate, or before any solicitor of the High Court, but no such afﬁdavit or afﬁrmation, except one sworn or made in respect of an ex parte application in non­ contentious proceedings, shall be used if it was taken before a solicitor who, at the time of taking it, was engaged in the proceedings.
Section 56 was substituted, as from 19 October 1966, by section 3 District Courts Amendment Act 1966 (1966 No 69).

Section 56 was amended, as from 30 June 1998, by section 6 District Courts Amendment Act 1998 (1998 No 76), by inserting the words “or before any Community Magistrate,”.

The word “Judge” was substituted, as from 1 April 1980, for the word “Magis­ trate” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).
The words “High Court” were substituted for the words “Supreme Court”, as from 1 April 1980, pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

61 Part 4 s 56A District Courts Act 1947 Reprinted as at 14 September 2007 Discovery Sections 56A and 56B, and the preceding heading, were inserted, as from 1 July 1992, by section 6 District Courts Amendment Act 1992 (1992 No 17).
56A Powers of Court exercisable before commencement of proceeding On the application, in accordance with the rules, of a person who it appears to the Court is or may be entitled to claim in the Court relief against another person, the Court shall, in such circumstances as may be prescribed, have power to order any person who appears to be likely to have or to have had in that person’s possession, custody, or power any document or class of documents, which are relevant to an issue arising or likely to arise out of that claim,— (a) To disclose to the Court and to any other prescribed person whether the document or documents are in his or her possession, custody, or power; and If a document has been but is no longer in that per­ son’s possession, custody, or power, to disclose to the Court and to any other prescribed person when he or she parted with it and what has become of it; and To produce such of those documents as are in that per­ son’s possession, custody, or power to the Court or any other prescribed person.
Compare: County Courts Act 1984, s 52 (UK) (b) (c) Sections 56A and 56B, and the preceding heading, were inserted, as from 1 July 1992, by section 6 District Courts Amendment Act 1992 (1992 No 17).
56B Power of Court to order particular discovery against non­party after proceeding commenced Where at any stage of a proceeding, it appears to the Court, in such circumstances as may be prescribed, that a document or class of documents may be or may have been in the posses­ sion, custody, or power of a person who is not a party to the proceeding, the Court may order that person— (a) To disclose to the Court and to any other prescribed person whether the document or documents are in his or her possession, custody, or power; and 62 Reprinted as at 14 September 2007 District Courts Act 1947 Part 4 s 58 (b) (c) If a document has been but is no longer in that per­ son’s possession, custody, or power, to disclose to the Court and to any other prescribed person when he or she parted with it and what has become of it; and To produce such of those documents as are in that per­ son’s possession, custody, or power to the Court or any other prescribed person.
Sections 56A and 56B, and the preceding heading, were inserted, as from 1 July 1992, by section 6 District Courts Amendment Act 1992 (1992 No 17).
Hearing Right of audience 57 (1) A party to any proceedings may appear and act personally or by a barrister or solicitor of the High Court, and not otherwise: Provided that under special circumstances the Court may per­ mit any party to appear by an agent authorised in writing by the party himself, if in New Zealand, or, if absent therefrom, by any person holding a power of attorney from the party au­ thorising such person to sue and be sued for and in the name of the party; but any agent, unless he is a barrister or solicitor, shall not be entitled to receive any fee or reward for so appear­ ing or acting.
(2) A corporation may appear by any ofﬁcer, attorney, or agent of the corporation.

Compare: 1928 No 14 s 67 The words “High Court” in subsection (1) were substituted for the words “Supreme Court”, as from 1 April 1980, pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
58 Trial by Judge The Judge shall be the sole judge in all proceedings brought in a Court, and shall determine all questions of fact as well as of law: Provided that nothing in this section shall affect the power to make rules authorising the Registrar to exercise jurisdiction and powers conferred on the Court by this or any other Act.
Compare: 1928 No 14 s 99; County Courts Act 1934, s 87 (UK) 63 Part 4 s 59 District Courts Act 1947 Reprinted as at 14 September 2007 The word “Judge” was substituted, as from 1 April 1980, for the word “Magis­ trate” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).
59 Equity and good conscience Where the amount claimed or the value of the property claimed or in issue does not exceed $3,000, a Court may receive any such evidence as it thinks ﬁt, whether the same be legal evi­ dence or not, and may give such judgment between the parties as it ﬁnds to stand with equity and good conscience.
Compare: 1928 No 14 s 100(2) Section 59 was amended, as from 13 November 1989, by section 7(1) Dis­ trict Courts Amendment Act 1989 (1989 No 107) by substituting the expression “$3,000” for the expression “$500”.
Judge to take notes 60 (1) At the hearing of any proceedings in a Court in which there is a right of appeal without leave, the Judge shall, unless the parties have agreed not to appeal, make or cause to be made a note— (a) (b) Of any question of law or equity raised at the hearing; Of the facts in evidence; and (c) and Of his decision thereon and of his determination of the proceedings.
(2) Where such a note has been taken, the Judge (whether notice of appeal has been served or not) shall, on the application of any party to the proceedings, and on payment by that party of such fee as may be prescribed, cause him to be furnished with a copy of the note.

Compare: County Courts Act 1934, s 108 (UK) The word “Judge” was substituted, as from 1 April 1980, for the word “Magis­ trate” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).
Power of Judge to refer to arbitration 61 (1) A Judge may, with the consent of the parties to any pro­ ceedings, order the proceedings to be referred to arbitration (whether with or without other matters within the jurisdiction of the Court in dispute between the parties) to such person or 64 Reprinted as at 14 September 2007 District Courts Act 1947 Part 4 s 62 persons and in such manner and on such terms and subject to such costs as he thinks just and reasonable.
(2) No such reference shall be revocable by any party except with (3) the consent of a Judge.

If the award of the arbitrators or their umpire is not given within one month of the date of the order of reference, either party may apply to the Court to revoke the order of reference.
(4) On any such reference, the award of the arbitrator, arbitrators, or umpire shall be entered as the judgment in the proceedings and shall be as binding and effectual to all intents as if given by a Judge: Provided that the Court may, if it thinks ﬁt, on application made at the ﬁrst sitting of the Court held after the expiration of 10 days after the entry of the award, set aside the award, or may, with the consent of the parties, revoke the reference or order another reference to be made in the manner aforesaid.
Execution of a judgment so entered shall not issue until after such ﬁrst sitting has been held.

(5) (6) On the hearing of an application to set aside or vary an award and judgment entered thereupon the Court shall take evidence if offered, or may of its own accord call for evidence; and the decision of the Court given after hearing the application shall be entered as a judgment of the Court.
Compare: 1928 No 14 ss 154, 155; County Courts Act 1934, s 89 (UK) The word “Judge” in subsections (1), (2) and (4) was substituted, as from 1 April 1980, for the word “Magistrate” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).
62 (1) Power of Judge to refer to Registrar or referee Subject to the rules, a Judge may refer to the Registrar or a referee for inquiry and report— (a) Any proceedings which require any prolonged examin­ ation of documents or any scientiﬁc or local investiga­ tion which cannot, in the opinion of the Judge, conveni­ ently be made before him: (b) Any proceedings where the question in dispute consists wholly or in part of matters of account: (c) With the consent of the parties, any other proceedings: (d) Any question arising in any proceedings.
65 Part 4 s 62A District Courts Act 1947 Reprinted as at 14 September 2007 (2) Where any proceedings or question are referred as aforesaid, a Judge may direct how the reference shall be conducted, and may remit any report for further inquiry and report, and on consideration of any report or further report may give such judgment or make such order in the proceedings as may be just.
(3) A Judge may, after deciding or reserving any question of liabil­ ity, refer to the Registrar or to the Registrar and an accountant any mere matter of account which is in dispute between the parties, and after deciding the question of liability, may give judgment on the Registrar’s report.

Compare: County Courts Act 1934, s 90 (UK) The word “Judge” was substituted, as from 1 April 1980, for the word “Magis­ trate” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).
62A Reference by consent (1) Notwithstanding anything to the contrary in this Act, a Judge may, with the consent of the parties, refer any question in any proceedings which requires any scientiﬁc, technical, business, or professional investigation to the Registrar or a named ref­ eree for inquiry and report under this section.
(3) (2) Where any question is referred under this section, a Judge may direct how the reference shall be conducted and may, with the consent of the parties, direct that the Registrar or referee may make his inquiry and may report without being required to hear the parties or to act judicially.

The report of the Registrar or referee on any question referred to him under this section shall be binding on the parties unless the Judge has otherwise directed.
Section 62A was inserted, as from 25 October 1960, by section 3 District Courts Amendment Act 1960 (1960 No 112).

The word “Judge” was substituted, as from 1 April 1980, for the word “Magis­ trate” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).
66 Reprinted as at 14 September 2007 District Courts Act 1947 Part 4 s 63 Judgments and orders 62B Power of Court to award interest on debts and damages (1) Subject to subsection (2) of this section, in a proceeding for the recovery of any debt or damages, the Court may, if it thinks ﬁt, order that there shall be included in the sum for which judg­ ment is given interest at such rate, not exceeding the prescribed rate, as it thinks ﬁt on the whole or any part of the debt or dam­ ages for the whole or any part of the period between the date when the cause of action arose and the date of the judgment.
Subsection (1) of this section shall not— (a) Authorise the giving of interest upon interest; or (b) Apply in relation to any debt upon which interest is payable as of right, whether by virtue of any agreement, enactment, or rule of law, or otherwise; or Affect the damages recoverable for the dishonour of a bill of exchange.
(c) In any proceedings for the recovery of any debt upon which interest is payable as of right, and in respect of which the rate of interest is not agreed upon, prescribed, or ascertained under any agreement, enactment, or rule of law, or otherwise, there shall be included in the sum for which judgment is given inter­ est at such rate, not exceeding the prescribed rate, as the Court thinks ﬁt for the period between the date as from which the interest became payable and the date of the judgment.
In this section the term the prescribed rate means the rate of 11 percent per annum, or such other rate as may from time to time be prescribed for the purposes of this section by the Governor­General by Order in Council.

Section 62B and the preceding heading were inserted, as from 13 January 1983, by section 4(1) District Courts Amendment (No 2) Act 1982 (1982 No 130).
Subsection (1) was amended, as from 1 July 1992, by section 21 District Courts Amendment Act 1991 (1991 No 61) by substituting the words “a proceeding” for the words “an ordinary action”.

Finality of judgments and orders Every judgment and order of a Court shall, except as provided by this or any other Act or by the rules, be ﬁnal and conclusive between the parties.
Compare: 1928 No 14 s 116; County Courts Act 1934, s 95 (UK) 67 (2) (3) (4) 63 Part 4 s 64 District Courts Act 1947 Reprinted as at 14 September 2007 The word “Court” was substituted, as from 1 April 1980, for the words “Magis­ trate’s Court” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).

64 Want of form No judgment, order, or other proceeding in a Court shall be quashed or vacated for want of form.
Compare: 1928 No 14 s 117 Payment of judgments and orders 65 (1) Where a judgment is given or an order is made by a Court under which a sum of money of any amount is payable, whether by way of satisfaction of the claim or counterclaim in the proceedings or by way of costs or otherwise, the Court may, as it thinks ﬁt, order the money to be paid either— (a) In one sum, whether forthwith or within such period as the Court may ﬁx; or By such instalments payable at such times as the Court may ﬁx.
(b) (2) (3) Except where an express order for payment is made under the last preceding subsection, every judgment or order for the pay­ ment of a sum of money shall be deemed to include an order for the payment forthwith of the whole amount payable there­ under.
If at any time it appears to the satisfaction of a Judge that any party to any proceedings is unable from any cause to pay any sum recoverable against him (whether by way of satisfaction of the claim or counterclaim) or any instalment thereof, the Judge may, in his discretion, suspend or stay or vary any judg­ ment or order given or made in the proceedings for such time and on such terms as the Judge thinks ﬁt, and so from time to time until it appears that the cause of inability has ceased.
Compare: 1928 No 14 ss 100(1), 124; County Courts Act 1934, s 96 (UK) The word “Judge” in subsection (3) was substituted, as from 1 April 1980, for the word “Magistrate” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).
65A Interest on judgment debts (1) In this section— 68 Reprinted as at 14 September 2007 District Courts Act 1947 Part 4 s 66 Enforcement process, in relation to a judgment debt, means any summons, warrant, or order issued or made in any pro­ ceedings of a kind referred to in section 79(1) of this Act for the enforcement of that debt Judgment debt means the amount for which judgment is en­ tered or for which an order of a Court is made in any civil proceedings.
Every judgment debt of an amount exceeding $3,000, or such other amount as may be ﬁxed from time to time for the pur­ poses of this section by the Governor­General by Order in Council, shall carry interest from the date of the judgment or order on the amount for the time being remaining unpaid.

Such interest shall be at the rate for the time being prescribed by or under section 62B of this Act, and shall accrue from month to month.
(2) (3) (4) No interest shall be payable on costs incurred after the date of the judgment or order.

(5) Notwithstanding subsection (2) or subsection (3) of this sec­ tion, where any enforcement process is issued in respect of the judgment debt, no interest shall be payable in excess of the amount speciﬁed in the process unless a further such process is issued.

Section 65A was inserted, as from 13 January 1983, by section 5 District Courts Amendment Act (No 2) 1982 (1982 No 130).
Removal of judgments Removal of judgment of District Court into High Court 66 (1) Where any ﬁnal judgment or order for the payment of any sum of money is obtained in any one proceeding in a District Court, that judgment or order may be removed into the High Court, and for that purpose the Registrar, upon the application of the judgment creditor or of any person on his behalf, shall issue a certiﬁcate thereof in the prescribed form.
Every such certiﬁ­ cate shall bear on the face thereof a statement to the effect that it has been issued for the purposes of this section, and it shall not be available for any other purpose.
(2) No such certiﬁcate shall be issued before the expiration of the time allowed for giving notice of appeal or before the time at 69 Part 4 s 66 District Courts Act 1947 Reprinted as at 14 September 2007 which execution could be issued out of the District Court, and if any proceedings for enforcement of the judgment or order have been issued out of that Court no such certiﬁcate shall be issued until after the withdrawal or completion of those proceedings.
(4) (3) After the certiﬁcate has been ﬁled in the High Court pursuant to the next succeeding subsection, no further proceedings shall be had or taken in the proceeding in the District Court.
The person obtaining the certiﬁcate may ﬁle the same in the High Court by delivering it for that purpose at the ofﬁce of the Registrar of the High Court nearest to that District Court by the most convenient route or any such other ofﬁce as may be prescribed; and thereupon, without any previous process, may sign ﬁnal judgment in the High Court in the prescribed form or to the effect thereof (against which judgment no appeal shall lie) for the sum mentioned in the certiﬁcate to be unpaid, together with such fees and costs as may be paid or allowed in connection with such removal and entry of judgment.
(5) Upon such ﬁnal judgment as aforesaid execution may be forth­ with issued, and all other remedies had thereon in the same manner as on any other judgment of the High Court.

(6) Notwithstanding anything in this section, any certiﬁcate or ﬁ­ nal judgment signed under the provisions of this section may be set aside or amended by a Judge of the High Court upon such terms as to costs or otherwise as he deems just.
Compare: 1928 No 14 s 156 Subsection (4) was amended, as from 1 April 1973, by section 18(3) Judicature Amendment Act 1972 (1972 No 130) by substituting the words “nearest to that District Court by the most convenient route or any such other ofﬁcer as may be prescribed” for the words “in the district or registry of which the Magistrate’s Court aforesaid is situated”.

See regulation 2 Judicature Amendment Act Com­ mencement Order 1973 (SR 1973/36).
The words “District Court” were substituted, as from 1 April 1980, for the words “Magistrate’s Court” pursuant to section 18(1) District Courts Amend­ ment Act 1979 (1979 No 125).

The words “High Court” were substituted for the words “Supreme Court”, as from 1 April 1980, pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
70 Reprinted as at 14 September 2007 District Courts Act 1947 Part 4 s 68 67 68 (1) Proceeding in High Court on judgment or order of District Court A proceeding may be brought in the High Court on a judg­ ment or order of a District Court, but no costs shall be al­ lowed in such proceeding to the plaintiff unless the Judge of the High Court certiﬁes that the proceeding was necessary and proper for the enforcement of the judgment of the District Court against the person or property of the defendant.
Section 67 was substituted, as from 1 July 1992, by section 21(1) District Courts Amendment Act 1991 (1991 No 61).

Removal of judgment or order of High Court into District Court In any proceeding in the High Court in which execution may be issued upon a judgment, order, or decree of the High Court for the payment of a sum of money, a certiﬁcate under the seal of the High Court setting forth the particulars of the judgment, order, or decree may be obtained from the High Court and ﬁled in a District Court.
(2) Upon the ﬁling of the certiﬁcate all proceedings may be taken and enforced in and by that District Court for— (a) (b) (c) The amount recoverable under the judgment, order, or decree, and any interest thereon, if the District Court has jurisdiction to that amount; or The unpaid balance of the amount recoverable under the judgment, order, or decree, and any such interest, if the District Court has jurisdiction to the amount of that balance; or A part of the amount recoverable under the judgment, order, or decree, and any such interest, or of the unpaid balance of that amount, and any such interest, if— (i) The District Court has jurisdiction in respect of the amount of that part; and The judgment creditor has abandoned any amount in excess of the amount of that part,— (ii) and for any fees and costs paid or allowed in connection with the obtaining and ﬁling of the certiﬁcate, as fully and effectu­ ally as if the judgment, order, or decree had been a judgment 71 Part 4 s 69 District Courts Act 1947 Reprinted as at 14 September 2007 of the District Court signed and entered up at the time of ﬁling the certiﬁcate.
(4) (3) After the issue of the certiﬁcate no further proceedings shall be had in the High Court upon such judgment, order, or decree.

Save as aforesaid, no proceeding shall be brought in a District Court on a judgment of the High Court.

Section 68 was substituted, as from 1 January 1972, by section 7 District Courts Amendment Act 1971 (1971 No 56).

Subsection (1) was amended, as from 1 July 1992, by section 21 District Courts Amendment Act 1991 (1991 No 61) by omitting the words “action or”.
Subsection (4) was amended, as from 1 July 1992, by section 21 District Courts Amendment Act 1991 (1991 No 61) by substituting the word “proceeding” for the word “action”.

The words “High Court” and “District Court” were substituted for the words “Supreme Court” and “Magistrate’s Court”, as from 1 April 1980, pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124) and section 18(1) District Courts Amendment Act 1979 (1979 No 125).
Removal of judgment from one Court to another 69 (1) Where any ﬁnal judgment or order for the payment of any sum of money is obtained in any one proceeding in a Court, the judgment or order may be removed into any other Court, and for that purpose the Registrar, upon the application of the judg­ ment creditor or of any person on his behalf, shall issue a cer­ tiﬁcate thereof in the prescribed form.
Every such certiﬁcate shall bear on the face thereof a statement that it has been issued for the purposes of this section, and it shall not be available for any other purpose.
(2) No such certiﬁcate shall be issued before the expiration of the time allowed for giving notice of appeal or before the time at which execution could be issued out of the Court ﬁrst afore­ said, and if proceedings for enforcement of the judgment or order have been issued out of that Court no such certiﬁcate shall be issued until after the withdrawal or completion of those proceedings.
The person obtaining the certiﬁcate may ﬁle the same in any other Court by delivering it at the ofﬁce of the Registrar; and thereupon all proceedings may be taken and enforced in and by that other Court for the amount recoverable under the judg­ ment or order, and any fees and costs paid or payable in con­ (3) 72 Reprinted as at 14 September 2007 District Courts Act 1947 Part 4 s 70 nection with the obtaining and ﬁling of the certiﬁcate, as fully and effectually as if the judgment or order had been a judg­ ment of that other Court signed and entered up at the time of ﬁling the certiﬁcate, and no further proceedings shall be had or taken in the Court from which the judgment or order has been removed as aforesaid.
The word “Court” in subsections (1) and (2) were substituted, as from 1 April 1980, for the words “Magistrate’s Court” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).
Removal of judgment of abolished Court 70 (1) Where any Court established under this or any former Act re­ lating to Courts is or has been abolished or is no longer a Court appointed for the exercise of civil jurisdiction, the Minister of the Crown who is responsible for the Department for Courts may direct that the records of the Court be delivered to the Registrar of some other Court.
In any such case all proceed­ ings may be continued or completed, and all judgments and orders of the ﬁrst­mentioned Court may be enforced, in and by the last­mentioned Court as fully and effectually as if the judgments and orders had been judgments and orders of that Court.
(2) Where any Court established under this or any former Act re­ lating to Courts is or has been abolished or is no longer a Court appointed for the exercise of civil jurisdiction and no such di­ rection as aforesaid has been given, a certiﬁcate of any judg­ ment or order of that Court may be obtained from the Registrar or Clerk of that Court, or from the Registrar or ofﬁcer having custody of the records of that Court, and such certiﬁcate may be ﬁled in any Court.
(3) On the ﬁling of such certiﬁcate all proceedings may be taken and enforced in and by the last­mentioned Court for the amount recoverable under the judgment or order, and any fees and costs paid or allowed in connection with the obtaining and ﬁling of the certiﬁcate, as fully and effectually as if the judgment or order had been a judgment or order of that Court signed and entered up at the time of ﬁling the certiﬁcate.
Compare: 1928 No 14 s 158 Subsection (1) was amended, as from 1 July 1995, by section 10(1) Department of Justice (Restructuring) Act 1995 (1995 No 39) by substituting the words 73 Part 5 s 71 District Courts Act 1947 Reprinted as at 14 September 2007 “Minister of the Crown who is responsible for the Department for Courts” for the words “Minister of Justice”.
The word “Court” in subsection (1) was substituted, as from 1 April 1980, for the words “Magistrate’s Court” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).

The word “Courts” in subsection (1) was substituted, as from 1 April 1980, for the words “Magistrates’ Courts” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).
Part 5 Appeals Part 5 (comprising sections 71 to 78A) was substituted by a new Part 5 (compris­ ing sections 71 to 79), as from 24 November 2003, by section 3 District Courts Amendment Act 2002 (2002 No 63).

See section 5 of that Act for the transi­ tional provision relating to appeals.

See clause 2 District Courts Amendment Act Commencement Order 2003 (SR 2003/281).
71 Interpretation In this Part,— decision includes a judgment and an interim or ﬁnal order (other than an order under section 112) make includes give.

Sections 71 and 71A were substituted, as from 3 January 1984, by section 4(1) District Court Amendment Act 1983 (1983 No 49).

Interlocutory order: substituted, as from 1 July 1992, by section 14(1) District Courts Amendment Act 1991 (1991 No 61).
Part 5 (comprising sections 71 to 78A) was substituted by a new Part 5 (compris­ ing sections 71 to 79), as from 24 November 2003, by section 3 District Courts Amendment Act 2002 (2002 No 63).

See section 5 of that Act for the transi­ tional provision relating to appeals.

See clause 2 District Courts Amendment Act Commencement Order 2003 (SR 2003/281).
71A Right to appeal [Repealed] Sections 71 and 71A were substituted, as from 3 January 1984, by section 4(1) District Court Amendment Act 1983 (1983 No 49).

Subsection (4) was substituted, as from 1 March 1996, by section 3 District Courts Amendment Act 1995 (1995 No 65).

See clause 2 District Courts Amendment Act Commencement Order 1996 (SR 1996/3).
Part 5 (comprising sections 71 to 78A) was substituted by a new Part 5 (compris­ ing sections 71 to 79), as from 24 November 2003, by section 3 District Courts Amendment Act 2002 (2002 No 63).

See section 5 of that Act for the transi­ tional provision relating to appeals.

See clause 2 District Courts Amendment Act Commencement Order 2003 (SR 2003/281).
74 Reprinted as at 14 September 2007 District Courts Act 1947 Part 5 s 73 72 (1) General right of appeal This subsection applies to every decision made by a District Court other than a decision of a kind in respect of which an enactment other than this Act— (a) (b) expressly confers a right of appeal; or provides expressly that there is no right of appeal.
(2) A party to proceedings in a District Court may appeal to the High Court against the whole or any part of any decision to which subsection (1) applies made by the District Court in or in relation to the proceedings.

Subsection (1) was substituted, as from 1 April 1973, by section 18(3) Judica­ ture Amendment Act 1972 (1972 No 130).

Subsection (2) was substituted, as from 3 January 1984, by section 5 District Courts Amendment Act 1983 (1983 No 49).
The words “High Court” were substituted, as from 1 April 1980, for the words “Supreme Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

The words “District Court” were substituted, as from 1 April 1980, for the words “Magistrate’s Court” pursuant to section 18(1) District Courts Amend­ ment Act 1979 (1979 No 125).
Part 5 (comprising sections 71 to 78A) was substituted by a new Part 5 (compris­ ing sections 71 to 79), as from 24 November 2003, by section 3 District Courts Amendment Act 2002 (2002 No 63).

See section 5 of that Act for the transi­ tional provision relating to appeals.

See clause 2 District Courts Amendment Act Commencement Order 2003 (SR 2003/281).
Agreements that decision would be binding 73 (1) An appeal may not be brought under section 72 if, before the decision was made, all parties to the proceedings agreed in writing that it would be binding on them.

Subsection (1) overrides section 72.

Subsection (1) was substituted, as from 3 January 1984, by section 6 District Courts Amendment Act 1983 (1983 No 49).

(2) Subsection (1)(a) was substituted, as from 1 March 1996, by section 4 Dis­ trict Courts Amendment Act 1995 (1995 No 65).
See clause 2 District Courts Amendment Act Commencement Order 1996 (SR 1996/3).

Subsection (2) was substituted, as from 1 January 1972, by section 9 District Courts Amendment Act 1971 (1971 No 56).

Subsection (2) was amended by substituting a reference to the “Legal Services Act 1991” for a reference to the repealed “Legal Aid Act 1969”.
That reference in turn, was substituted for a reference to the “Legal Services Act 2000”, that Act being the corresponding enactment in force.. 75 Part 5 s 74 District Courts Act 1947 Reprinted as at 14 September 2007 Subsection (2) was amended, as from 13 September 2002, by section 6 Family Courts Amendment Act 2000 (2000 No 65) by inserting the words “or (as the case may require) in rules made after the Family Courts Act 1980” after the words “the rules”.
See clause 2 Family Courts Amendment Act Commencement Order 2002 (SR 2002/254).

The words “High Court” were substituted for the words “Supreme Court”, as from 1 April 1980, pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

Part 5 (comprising sections 71 to 78A) was substituted by a new Part 5 (compris­ ing sections 71 to 79), as from 24 November 2003, by section 3 District Courts Amendment Act 2002 (2002 No 63).
See section 5 of that Act for the transi­ tional provision relating to appeals.

See clause 2 District Courts Amendment Act Commencement Order 2003 (SR 2003/281).

(2) Security for appeal 74 (1) Unless granted legal aid under the Legal Services Act 2000, an appellant under section 72 may be required by the High Court Rules to give the Registrar of the High Court security for costs.
If any security required is not given within the time required by the High Court Rules, the appellant’s appeal must be treated as having been abandoned.

The words “High Court” were substituted for the words “Supreme Court”, as from 1 April 1980, pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

Part 5 (comprising sections 71 to 78A) was substituted by a new Part 5 (compris­ ing sections 71 to 79), as from 24 November 2003, by section 3 District Courts Amendment Act 2002 (2002 No 63).
See section 5 of that Act for the transi­ tional provision relating to appeals.

See clause 2 District Courts Amendment Act Commencement Order 2003 (SR 2003/281).

75 Appeals to be by way of rehearing All appeals under section 72 must be by way of rehearing.

The words “High Court” were substituted for the words “Supreme Court”, as from 1 April 1980, pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
Part 5 (comprising sections 71 to 78A) was substituted by a new Part 5 (compris­ ing sections 71 to 79), as from 24 November 2003, by section 3 District Courts Amendment Act 2002 (2002 No 63).

See section 5 of that Act for the transi­ tional provision relating to appeals.

See clause 2 District Courts Amendment Act Commencement Order 2003 (SR 2003/281).
Powers of High Court on appeal 76 (1) Having heard an appeal under section 72, the High Court may— 76 Reprinted as at 14 September 2007 District Courts Act 1947 Part 5 s 76 (a) make any decision or decisions it thinks should have (b) been made: direct the District Court in which the decision appealed against was made— (i) (ii) to rehear the proceedings concerned; or to consider or determine (whether for the ﬁrst time or again) any matters the High Court directs; or to enter judgment for any party to the proceed­ ings concerned the High Court directs: (iii) (2) (3) (4) (5) (6) (c) make any further or other orders it thinks ﬁt (including any orders as to costs).
The High Court must state its reasons for giving a direction under subsection (1)(b).

The High Court may give the District Court any direction it thinks ﬁt relating to— (a) (b) rehearing any proceedings directed to be reheard; or considering or determining any matter directed to be considered or determined.

The High Court may act under subsection (1) in respect of a whole decision, even if the appeal is against only part of it.
Even if an interlocutory decision made in the proceedings con­ cerned has not been appealed against, the High Court— (a) may act under subsection (1); and (b) may set the interlocutory decision aside; and (c) if it sets the interlocutory decision aside, may make in its place any interlocutory decision or decisions the Dis­ trict Court could have made.
The powers given by this section may be exercised in favour of any respondent or party to the proceedings concerned, even if the respondent or party did not appeal against the decision concerned.

Section 76 was substituted, as from 1 December 1950, by section 2(1) District Courts Amendment Act 1950 (1950 No 25).
The words “High Court” and “District Court” were substituted for the words “Supreme Court” and “Magistrate’s Court”, as from 1 April 1980, pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124) and section 18(2) District Courts Amendment Act 1979 (1979 No 125).
Part 5 (comprising sections 71 to 78A) was substituted by a new Part 5 (compris­ ing sections 71 to 79), as from 24 November 2003, by section 3 District Courts 77 Part 5 s 77 District Courts Act 1947 Reprinted as at 14 September 2007 Amendment Act 2002 (2002 No 63).

See section 5 of that Act for the transi­ tional provision relating to appeals.

See clause 2 District Courts Amendment Act Commencement Order 2003 (SR 2003/281).
77 (1) Repayment of judgment sum and interest This subsection applies if— (a) a party to proceedings in a District Court (party A) has, in accordance with any judgment or order of the Court, paid an amount to another party to the proceed­ ings (party B); and on appeal under section 72, the effect of the High Court’s determination is that some or all of the amount did not need to be paid.
(b) (2) If subsection (1) applies, the High Court— (a) may order party B to repay to party A some or all of the amount paid by party A; and (b) may also order party B to pay to party A interest at a rate not greater than the prescribed rate (within the meaning of section 87(3) of the Judicature Act 1908) on the sum ordered to be repaid.
The words “High Court” and “District Court” were substituted for the words “Supreme Court” and “Magistrate’s Court”, as from 1 April 1980, pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124) and section 18(2) District Courts Amendment Act 1979 (1979 No 125).

Part 5 (comprising sections 71 to 78A) was substituted by a new Part 5 (compris­ ing sections 71 to 79), as from 24 November 2003, by section 3 District Courts Amendment Act 2002 (2002 No 63).
See section 5 of that Act for the transi­ tional provision relating to appeals.

See clause 2 District Courts Amendment Act Commencement Order 2003 (SR 2003/281).

Enforcement proceedings For the purposes of enforcement proceedings, a judgment or order of the High Court under paragraph (a) or paragraph (c) of section 76(1), or section 77(2), must be treated as if it were a judgment or order of the District Court in which the decision appealed against was made.
The words “High Court” and “District Court” were substituted for the words “Supreme Court” and “Magistrate’s Court”, as from 1 April 1980, pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124) and section 18(2) District Courts Amendment Act 1979 (1979 No 125).
Part 5 (comprising sections 71 to 78A) was substituted by a new Part 5 (compris­ ing sections 71 to 79), as from 24 November 2003, by section 3 District Courts 78 78 Reprinted as at 14 September 2007 District Courts Act 1947 Part 6 s 79 Amendment Act 2002 (2002 No 63).

See section 5 of that Act for the transi­ tional provision relating to appeals.

See clause 2 District Courts Amendment Act Commencement Order 2003 (SR 2003/281).
78A Right of appeal in respect of contempt of Court (1) This subsection applies to any order under section 112 other than an order to the effect only that a person be taken into custody and detained until the rising of the Court.

(3) (2) A person against whom an order to which subsection (1) ap­ plies has been made may appeal to the High Court against it.
Sections 116 to 144 of the Summary Proceedings Act 1957 ap­ ply to the appeal (as far as they are applicable, and with all ne­ cessary modiﬁcations) as if the person were a defendant who had been convicted on an information and sentenced.

Section 78A was inserted, as from 13 January 1983, by section 6 District Courts Amendment Act (No 2) 1982 (1982 No 130).
Part 5 (comprising sections 71 to 78A) was substituted by a new Part 5 (com­ prising sections 71 to 79), as from 24 November 2003, by section 3 District Courts Amendment Act 2002 (2002 No 63).

Section 79 (as inserted by the District Courts Amendment Act 2002) was renum­ bered as section 78A, as from 15 December 2005, by section 3 District Courts Amendment Act 2005 (2005 No 101).
Part 6 Enforcement of judgments Enforcement generally Nature of proceedings for enforcement of judgment 79 (1) Any judgment or order of any Court or of any District Court Judge for the payment of a sum of money may be enforced in District Courts by any one or more of the proceedings follow­ ing, that is to say,— (a) Execution against the goods and chattels of the judg­ ment debtor under a distress warrant: (b) Garnishee proceedings for the attachment of money due to the judgment debtor: (ba) Proceedings for a charging order in respect of any prop­ erty held by the judgment debtor and speciﬁed in section 96A(1A) of this Act: 79 Part 6 s 79 District Courts Act 1947 Reprinted as at 14 September 2007 (c) Proceedings for an attachment order against the salary or wages of the judgment debtor.
(2) Any judgment or order in the nature of an injunction, and any judgment or order within the competence of a District Court which, if it were given or made in the High Court, could in that Court be enforced by writ of arrest, may be enforced, by order or warrant of a District Court Judge, by committal for a term not exceeding 3 months: Provided that an order for the recovery of land shall not be enforceable by committal.
(2A) Any order of the Court made under section 56A or section 56B of this Act may be enforced, by order or warrant of a District Court Judge,— (a) (b) By committal for a term not exceeding 3 months; or By a ﬁne not exceeding $1,000.

(3) A judgment or order for the recovery of land may be enforced under a warrant for the recovery of land.
(5) (4) A judgment or order for the delivery of speciﬁc chattels may be enforced, by order of the District Court Judge, either under a warrant for the recovery of chattels or by committal.
Except by leave of a District Court Judge, no proceedings for the enforcement of a judgment or order shall be commenced in any Court until after the expiry of 48 hours from the time of the entering of the judgment or the making of the order: Provided that if the judgment or order is one which may be appealed against without the leave of the Court, any District Court Judge may order a stay of any proceedings for the en­ forcement of the judgment or order until after the time allowed for giving notice of appeal has expired.
It is hereby declared that 2 or more proceedings for the en­ forcement of a judgment or order may be taken concurrently, but the judgment creditor shall not be entitled to recover a greater sum than the amount owing under the judgment or order and the costs and fees of any proceedings for enforce­ ment.

Compare: 1928 No 14 ss 121, 200 (6) Subsection (1)(ba) was inserted, as from 30 March 1987, by section 3(1) District Courts Amendment Act 1987 (1987 No 26).
80 Reprinted as at 14 September 2007 District Courts Act 1947 Part 6 s 82 Subsection (1)(c) was substituted, as from 13 November 1989, by section 8 District Courts Amendment Act 1989 (1989 No 107).

Subsection (2) was amended, as from 1 January 1986, by section 11(2) Judi­ cature Amendment Act (No 2) 1985 (1985 No 112) by substituting the words “writ of arrest” for the words “writ of attachment”.
Subsection (2A) was inserted, as from 1 July 1992, by section 7 District Courts Amendment Act 1992 (1992 No 17).

The words “District Court” and “District Court Judge” were substituted, as from 1 April 1980, for the words “Magistrates’ Court” and “Magistrate” pur­ suant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).

The words “High Court” were substituted, as from 1 April 1980, for the words “Supreme Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
Enforcement of judgments more than 6 years old 80 (1) No judgment or order of the Court more than 6 years old shall be enforced without the leave of the Court unless some pay­ ment has been made into Court by or on behalf of the party liable therefor within the 12 months immediately before the issue of the proceedings for enforcement.

The Court may, if it thinks ﬁt, grant such leave on an ex parte application.
Compare: 1928 No 14 s 119 (2) Enforcement of order for payment by instalments 81 (1) Where the Court has made an order for the payment of any sum of money by instalments, proceedings for the enforcement of the order shall not be taken or issued until after default in the payment of some instalment according to the order.
(2) On any such default, proceedings or successive proceedings may be taken or issued for the whole of the said sum of money and costs then remaining unpaid unless the Court on the appli­ cation of the party liable otherwise orders.
Compare: 1928 No 14 s 125; County Courts Act 1934, s 117 (UK) 82 Proceedings on cross­judgments If there are cross­judgments between the parties, proceedings for enforcement may be taken out only by that party who has obtained judgment for the larger sum, and then only for so much as remains after deducting the smaller sum.
Satisfaction for the remainder shall be entered as well as satisfaction on 81 Part 6 s 83 District Courts Act 1947 Reprinted as at 14 September 2007 83 84 the judgment for the smaller sum, and if both sums are equal satisfaction shall be entered upon both.
Compare: 1928 No 14 s 126 Power to stay proceedings for enforcement If at any time it appears to the satisfaction of a Judge exercising jurisdiction in the Court in which proceedings have been taken or issued for the enforcement of any judgment or order that any party to the proceedings is unable from any cause to pay any sum recoverable against him (whether by way of satisfaction of the claim or counterclaim in the proceedings or by way of costs or otherwise) or any instalment thereof, the Judge may, in his discretion, stay the proceedings for such time and on such terms as he may think ﬁt, and so from time to time until it appears that the cause of inability has ceased.
Compare: 1928 No 14 s 124; County Courts Act 1934, s 119 (UK) The word “Judge” was substituted, as from 1 April 1980, for the word “Magis­ trate” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).
Stay of proceedings on appeal Notice of appeal shall not operate as a stay of proceedings under the decision appealed from unless the Court or a Judge so orders or the amount of the judgment or order appealed against and its cost is deposited with the Registrar to abide the event of the appeal, or security is given to the satisfaction of the Registrar for that amount.
Compare: 1938 No 20 s 38 The words “Court” and “Judge” were substituted, as from 1 April 1980, for the word “Magistrate’s Court” and “Magistrate” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).
Discovery in aid of execution 84A Notice to judgment debtor to complete ﬁnancial statement (1) Any person who has obtained a judgment or order for the pay­ ment of money may serve on the judgment debtor a notice in the prescribed form requiring him or her to complete and re­ turn to that person, within 14 days after the date on which the 82 Reprinted as at 14 September 2007 District Courts Act 1947 Part 6 s 84B notice is served on the judgment debtor, a statement in the pre­ scribed form of— (a) The judgment debtor’s income and expenditure for the preceding 52 weeks; and The judgment debtor’s assets and liabilities.
(2) An additional copy of the prescribed form, for the judgment (b) debtor’s own use, shall be served with the notice.

Compare: 1908 No 89 Schedule 2 r 620 Sections 84A to 84Q and the preceding heading were inserted, as from 1 January 1990, by section 9 District Courts Amendment Act 1989 (1989 No 107).
84B Order for examination of judgment debtor (1) Whether or not a notice has been served pursuant to section 84A of this Act, any person who has obtained a judgment or order for the payment of a sum of money may apply to the Court ex parte for an order that the judgment debtor or, if the judgment debtor is a corporation, an ofﬁcer of the judgment debtor, do attend before the Court and be orally examined as to the judgment debtor’s income, expenditure, assets, liabilities, and generally as to the judgment debtor’s means for satisfying the judgment debt.
(2) Whether or not a notice has been served pursuant to section 84A of this Act, any judgment debtor may apply to the Court ex parte for an order under subsection (1) of this section.

(3) Upon granting the application, the Court may order the pro­ duction at the examination of any books or other documents, and may impose such terms and conditions as it shall think proper in respect of the conduct of the examination or other­ wise.
(4) Where the order has been made on the application of the judg­ ment creditor, a copy of the order in the prescribed form shall be served personally upon the judgment debtor at least 3 days before the date of the examination, and, if requested by the judgment debtor, the person effecting the service shall at the time of service pay or tender to the judgment debtor the travel expenses estimated to be payable under the Witnesses and Interpreters Fees Regulations 1974.
(5) Where the order has been made on the application of the judg­ ment debtor, a copy of the order in the prescribed form shall 83 Part 6 s 84C District Courts Act 1947 Reprinted as at 14 September 2007 (6) be served personally upon the judgment creditor at least 3 days before the date of the examination.

The jurisdiction of the District Court under this section may be exercised by the Registrar.
Compare: 1908 No 89 Schedule 2 r 621; SR 1981/259 r 236 Sections 84A to 84Q and the preceding heading were inserted, as from 1 January 1990, by section 9 District Courts Amendment Act 1989 (1989 No 107).

Subsection (4) was amended, as from 5 March 1999, by section 2 District Courts Amendment Act 1999 (1999 No 4) by inserting the words “, if requested by the judgment debtor,”.

Subsection (6) was inserted, as from 1 July 1994, by section 2 District Courts Amendment Act 1994 (1994 No 29).
84C Where judgment debtor does not appear at examination (1) or order cannot be served If— (a) (b) Any order made under section 84B of this Act cannot be served on the judgment debtor; or The judgment debtor fails to appear before the District Court at the time and place speciﬁed in any order made under that section, or at any subsequent time and place to which the examination is adjourned,— the order shall not be enforced by committal, but a Judge or a Registrar may issue a warrant to arrest the debtor.
(2) Where the judgment debtor is arrested pursuant to this section the following provisions shall apply: (a) The judgment debtor shall be brought before a Judge or a Registrar as soon as possible for the purpose of commencing or continuing the examination: The judgment debtor shall be bailable as of right: Section 46 of the Summary Proceedings Act 1957 and Parts 1 to 3 of the Bail Act 2000 shall apply with any necessary modiﬁcations as if any such appearance at the examination before a Judge or Registrar constituted part of the hearing of a charge, and as if references in those provisions to a Court included references to a Judge or Registrar: if the judgment debtor cannot practicably be brought immediately before a Judge or a Registrar, any member of the police or any bailiff may take the bail bond of (b) (c) (d) 84 Reprinted as at 14 September 2007 District Courts Act 1947 Part 6 s 84E the judgment debtor, and Parts 1 to 3 of the Bail Act 2000 apply with any necessary modiﬁcations as if the bail bond were taken by a member of the police under section 21(1) of that Act.
Compare: 1957 No 87 s 88; 1987 No 165 s 14 Sections 84A to 84Q and the preceding heading were inserted, as from 1 January 1990, by section 9 District Courts Amendment Act 1989 (1989 No 107).

Subsection (1) was amended, as from 10 April 2006, by section 4(1) District Courts Amendment Act 2006 (2006 No 8) by substituting the words “a Judge or a Registrar” for the words “a Judge, or if a Judge is not available, a Registrar,”.
Subsection (2)(c) was amended, as from 1 January 2001, by section 74(2) Bail Act 2000 (2000 No 38), by substituting the words “Section 46 of the Summary Proceedings Act 1957 and Parts 1 to 3 of the Bail Act 2000” for the words “The provisions of Part 2 of the Summary Proceedings Act 1957 relating to adjournments and bail”.

See section 75 of that Act as to the savings provisions.

Subsection (2)(d) was substituted, as from 1 January 2001, by section 74(2) Bail Act 2000 (2000 No 38).
See section 75 of that Act as to the savings provisions.

Subsection (2)(d) was substituted, as from 10 April 2006, by section 4(2) Dis­ trict Courts Amendment Act 2006 (2006 No 8).

(2) 84D Conduct of examination (1) An examination under section 84B of this Act shall be made orally on oath before a District Court Judge or Registrar.
The judgment debtor shall appear personally, and may be represented by a barrister or solicitor who may examine the judgment debtor and be heard on the matter of the judgment debtor’s means for satisfying the judgment.

The judgment debtor may be cross­examined by or on behalf of the judgment creditor.

(3) (4) Any witness may be cross­examined by or on behalf of the judgment debtor or judgment creditor.
(5) Any examination under section 84B of this Act may from time to time be adjourned by the Court to a time and place to be appointed.

Compare: 1980 No 94 s 128 Sections 84A to 84Q and the preceding heading were inserted, as from 1 January 1990, by section 9 District Courts Amendment Act 1989 (1989 No 107).
84E Orders by Court (1) Upon completion of an examination under section 84B of this Act, the District Court may, after giving the judgment creditor 85 Part 6 s 84F District Courts Act 1947 Reprinted as at 14 September 2007 and judgment debtor an opportunity to be heard, do any one or more of the following: (a) Direct that one or more of the proceedings referred to in section 79(1) of this Act be commenced or continued, as the case may be, and also direct any steps to be taken in such proceedings, and, for any such purpose, issue any warrant or summons or make any order: (b) Make an order that the money owing under the judg­ ment be paid by such instalments payable at such times as the Court may ﬁx: Stay any proceedings for the enforcement of the judg­ ment: (c) (d) Make an order varying any order relating to the enforce­ ment of the judgment made under this Act.
(2) The Court may do any one or more of the things referred to in subsection (1) of this section as it considers appropriate, notwithstanding— (a) That no application was made for the direction, order, or stay in question; or That application was made for a different direction, order, or stay.

(b) (3) The jurisdiction of the District Court under this section may be exercised by the Registrar.
Compare: 1980 No 94 s 129 Sections 84A to 84Q and the preceding heading were inserted, as from 1 January 1990, by section 9 District Courts Amendment Act 1989 (1989 No 107).
84F Interpretation Attachment orders In sections 84G to 84M of this Act, unless the context other­ wise requires,— Employer, in relation to a judgment debtor, includes,— (a) A person by whom a retiring allowance or pension or other payment of a similar nature is payable to the judg­ ment debtor: the Accident Compensation Corporation in respect of weekly compensation payable to the judgment debtor under the Injury Prevention, Rehabilitation, and Compensation Act 2001: (b) 86 Reprinted as at 14 September 2007 District Courts Act 1947 Part 6 s 84F (c) The chief executive of the department for the time being responsible for the administration of the Social Security Act 1964 in respect of a beneﬁt payable to the judgment debtor: Employer: paragraph (b) was amended, as from 1 July 1992, by section 161 Accident Rehabilitation and Compensation Insurance Act 1992 (1992 No 13) by substituting the words “Accident Rehabilitation and Compensation Insurance Corporation” for the words “Accident Compensation Corporation”.
Employer: paragraph (b) was substituted, as from 1 July 1999, by section 415(1) Accident Insurance Act 1998 (SR 1998/114).

Employer: paragraph (b) was substituted, as from 1 April 2002, by section 337(1) Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49).

See Part 10 of that Act for provisions relating to transition from com­ petitive provision of workplace accident insurance.

See Part 11 of that Act for transitional provisions relating to entitlements provided by Corporation.
Employer: paragraph (c) of this deﬁnition was amended, as from 1 October 1998, by section 11 Employment Services and Income Support (Integrated Ad­ ministration) Act 1998 (1998 No 96), by substituting the words “chief execu­ tive of the department for the time being responsible for the administration of the Social Security Act 1964Social Security Act 1964” for the words “Dir­ ector­General of Social Welfare”.
Salary or wages includes— (a) A retiring allowance or pension or other payment of a similar nature: a bonus or an incentive payment: a payment of commission: a payment in consideration of work performed under a contract for services: all payments of weekly compensation made under the Injury Prevention, Rehabilitation, and Compensation Act 2001 by the Accident Compensation Corporation: A beneﬁt within the meaning of the Social Security Act 1964.
(ab) (ac) (ad) (b) (c) Salary or wages: paragraphs (ab), (ac) and (ad) were inserted, as from 10 April 2006, by section 5 District Courts Amendment Act 2006 (2006 No 8).

Salary or wages: paragraph (b) was amended, as from 1 March 1996, by section 5 District Courts Amendment Act 1995 (1995 No 65) by inserting the words “or the Accident Rehabilitation and Compensation Insurance Act 1992”.

See clause 2 District Courts Amendment Act Commencement Order 1996 (SR 1996/3).
Salary or wages: paragraph (b) was substituted, as from 1 July 1999, by section 415(1) Accident Insurance Act 1998 (SR 1998/114) Salary or wages: paragraph (b) was substituted, as from 1 April 2002, by section 337(1) Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49).

See Part 10 of that Act for provisions relating to transition from com­ 87 Part 6 s 84G District Courts Act 1947 Reprinted as at 14 September 2007 petitive provision of workplace accident insurance.
See Part 11 of that Act for transitional provisions relating to entitlements provided by Corporation.

Salary or wages: paragraph (c) of this deﬁnition was amended, as from 1 Oc­ tober 1998, by section 57 Social Security Amendment Act 1998 (1998 No 19) by omitting the words “Part 1 of”.

Compare: 1957 No 87 s 79; 1980 No 94 s 2; 1986 No 88 s 2; 1987 No 165 s 14 Sections 84A to 84Q and the preceding heading were inserted, as from 1 January 1990, by section 9 District Courts Amendment Act 1989 (1989 No 107).
84G Attachment orders (1) The Court may, on the application of the judgment creditor at any time after judgment has been entered, make an attachment order under this section.

(2) No attachment order shall be made unless the judgment debtor has been examined under section 84B of this Act.

(5) (4) (3) An attachment order may be made against a person who is proved to the satisfaction of the Court to be an employer of the judgment debtor.
The attachment order shall specify the person to whom the amounts to be deducted are to be paid.

Every attachment order may be made for a ﬁxed period or so as to remain in force until the judgment debt has been paid in full.

Every attachment order shall specify an amount (known as the protected earnings rate) below which the net earnings or beneﬁt paid to the judgment debtor shall not be reduced by reason of compliance with the order.
(6) (7) No attachment order under this Act shall operate so that, to­ gether with— (a) (b) Any deduction notice made under Any attachment order under any other Act; and the Family Proceedings Act 1980 or issued under section 27Y of the Social Security Act 1964; and In the case of a beneﬁt within the meaning of the Social Security Act 1964, any adjustment to or deduction from beneﬁt under section 27X or section 86 of that Act,— the net earnings or any beneﬁt of the judgment debtor are re­ duced below the protected earnings rate, and, where necessary, (c) 88 Reprinted as at 14 September 2007 District Courts Act 1947 Part 6 s 84I the speciﬁed amount to be deducted in any attachment order under this Act shall be reduced or cancelled accordingly.
(8) (9) Nothing in section 84 of the Social Security Act 1964 shall apply to an attachment order under this section.

(10) The jurisdiction of the District Court under this section may be exercised by the Registrar.

Compare: 1957 No 87 s 103; 1980 No 94 s 105; 1987 No 165 s 14 Sections 84A to 84Q and the preceding heading were inserted, as from 1 January 1990, by section 9 District Courts Amendment Act 1989 (1989 No 107).
Subsection (7)(c) was amended, as from 1 October 1998, by section 57 Social Security Amendment Act 1998 (1998 No 19) by omitting the words “Part 1 of”.

Subsection (8) was repealed, as from 1 March 1996, by section 6 District Courts Amendment Act 1995 (1995 No 65).

See clause 2 District Courts Amendment Act Commencement Order 1996 (SR 1996/3).
84H Attachment order to be served on employer (1) Where an attachment order is made, a copy of the order shall be served on the employer to whom it relates, either person­ ally or by leaving it at the employer’s place of residence or business, or by sending it by letter addressed to the employer at the employer’s place of residence or business.
(2) Where service of an attachment order is effected by letter, then, in the absence of proof to the contrary, the order shall be deemed to have been served on the 4th working day after the day on which it was posted, and in proving service it shall be sufﬁcient to prove that the letter was properly addressed and posted.

Every attachment order shall take effect when a copy of the order is served on the employer in accordance with this sec­ tion.
Compare: 1957 No 87 s 104; 1980 No 94 s 106; 1987 No 165 s 14 (3) Sections 84A to 84Q and the preceding heading were inserted, as from 1 January 1990, by section 9 District Courts Amendment Act 1989 (1989 No 107).
84I Effect of attachment orders (1) An attachment order shall direct that the money due and payable under the judgment shall, by way of weekly pay­ ments of such amount as is speciﬁed in the attachment order, 89 Part 6 s 84I District Courts Act 1947 Reprinted as at 14 September 2007 be a charge on any salary or wages that from time to time while the attachment order remains in force become due and payable by the employer to the judgment debtor.
The charge so created— (a) (2) (b) (c) (d) Shall accrue from week to week, and on such day of the week as is speciﬁed in the attachment order; and Shall attach to all salary or wages that become due by the employer to the judgment debtor at any time while the attachment order is in force, whether or not the con­ tract of employment in respect of which the salary or wages so become due existed at the date of the attach­ ment order; and Shall be subject to— (i) Any charge created by any attachment order or deduction notice made under the Family Proceedings Act 1980: (ii) Any charge created by any attachment order the Summary Proceedings Act made under 1957: (iii) Any deduction notice issued under the Child Support Act 1991: (iiia) Any deduction notice issued under section 157 of the Tax Administration Act 1994 (as applied by section 46 of the Student Loan Scheme Act 1992): In the case of an attachment order against a bene­ ﬁt within the meaning of the Social Security Act 1964, any deduction from or adjustment to that beneﬁt under section 86 of that Act,— (iv) (whether the charge was created or the adjustment or deduction was authorised before or after the making of the attachment order under this Act); but Shall prevail over and have priority to any assignment or charge created by the judgment debtor (whether be­ fore or after the making of the attachment order under this Act), and so that the attachment order shall have the same effect as if no such assignment or charge had been made or created by the judgment debtor.
Compare: 1980 No 94 s 107 90 Reprinted as at 14 September 2007 District Courts Act 1947 Part 6 s 84J Sections 84A to 84Q and the preceding heading were inserted, as from 1 January 1990, by section 9 District Courts Amendment Act 1989 (1989 No 107).

Subsection (2)(c)(iii) was substituted, as from 1 July 1992, by section 246(1) Child Support Act 1991 (1991 No 142).

Subsection (2)(c)(iiia) was inserted, as from 21 December 1992, by section 88 Student Loan Scheme Act 1992 (1992 No 141).
Subsection (2)(c)(iiia) was amended, as from 1 April 1995, by section YB 1 Income Tax Act 1994 (1994 No 164) by substituting the words “section 157 of the Tax Administration Act 1994” for the words “section 400 of the Income Tax Act 1976”.

Subsection (2)(c)(iv) was amended, as from 1 July 1992, by section 246(2) Child Support Act 1991 (1991 No 142) by omitting the words “section 27X or”.
Subsection (2)(c)(iv) was amended, as from 1 October 1998, by section 57 So­ cial Security Amendment Act 1998 (1998 No 19) by omitting the words “Part 1 of”.
84J Liability of employer (1) Subject to section 84G(7) of this Act, as long as an attach­ ment order remains in force, the employer to whom it relates shall from time to time, whenever any money becomes due and payable by the employer to the judgment debtor by way of salary or wages,— (a) Deduct from that money such sum as is sufﬁcient to satisfy the charge on the money so far as the same has accrued before the day on which the salary or wages becomes due and payable; and (b) Not later than the 20th day of the month next after the month in which the deduction is made, pay the amount so deducted to the person speciﬁed in the attachment order.
(2) All sums so deducted and paid shall be deemed to have been paid by the employer in satisfaction of the salary or wages payable by the employer to the judgment debtor.

(3) All sums so deducted shall be deemed to have been paid by the judgment debtor in satisfaction of the judgment debtor’s liability to pay the judgment debt.
(4) Where a judgment debtor in respect of whom an attachment order is in force leaves or is dismissed from the employment of the employer, the employer shall within 7 days notify the 91 Part 6 s 84K District Courts Act 1947 Reprinted as at 14 September 2007 Registrar of the Court in which the attachment order was is­ sued.
(5) Where the employer makes default in the payment of any money in satisfaction of any such charge, that money shall become a debt due by the employer to the judgment creditor, and may be recovered by the judgment creditor by action in any Court of competent jurisdiction.

Every employer commits an offence and is liable on summary conviction to a ﬁne not exceeding $1,000 who fails without reasonable excuse to comply with paragraph (a) or paragraph (b) of subsection (1) of this section.
Compare: 1957 No 87 s 106; 1980 No 94 s 116; 1987 No 165 s 14 (6) Sections 84A to 84Q and the preceding heading were inserted, as from 1 January 1990, by section 9 District Courts Amendment Act 1989 (1989 No 107).
(2) 84K Wrongful treatment of employee (1) Every employer commits an offence and is liable on summary conviction to a ﬁne not exceeding $1,000 who dismisses any employee or alters any employee’s position in the employer’s business or undertaking to the employee’s prejudice by reason of an attachment order having been served on the employer.
In the prosecution for an offence against subsection (1) of this section in which it is proved that the employer, within 6 months after the serving on the employer of an attachment order in respect of any employee, dismissed the employee or altered the employee’s position in the employer’s business or undertaking to the employee’s prejudice, it shall be deemed to be proved that the action was taken by reason of the order hav­ ing been served on the employer unless the employer proves to the contrary.
Compare: 1957 No 87 s 106; 1980 No 94 s 116; 1987 No 165 s 14 Sections 84A to 84Q and the preceding heading were inserted, as from 1 January 1990, by section 9 District Courts Amendment Act 1989 (1989 No 107).
84L Extent to which attachment orders bind the Crown (1) In this section— Employing department means— (a) A department of State in which a person is employed; and 92 Reprinted as at 14 September 2007 District Courts Act 1947 Part 6 s 84L (b) In relation to a person to whom any retiring allow­ ance or pension or other payment of a similar nature is payable— (i) Out of the Government Superannuation Fund, the Government Superannuation Fund Authority: (ii) Out of the National Provident Fund, the Board of Trustees of the National Provident Fund: Employing department: paragraph (b) was substituted, as from 1 October 1995, by section 31 Government Superannuation Fund Amendment Act 1995 (1995 No 28).
Employing department: this deﬁnition was amended, as from 2 October 2001, by section 40 Government Superannuation Fund Amendment Act 2001 (2001 No 47), by susbtituting “the Government Superannuation Fund Authority” for the words “the Superintendent”.

See sections 2(3) and 2(4) of that Act for transitional provisions relating to the period between 21 August 2001 (the date the Government Superannuation Fund Amendment Act 2001 was assented) and 2 October 2001.
See section 28 Government Superannuation Fund Amendment Act 2001, which allows the minister to enter into transitional agreements.

See Part 2 of that Act as to various miscellaneous provisions.
Servant of the Crown— (a) Means a person in the service of Her Majesty in respect (b) (c) (d) (e) of the Government of New Zealand: Includes a person in temporary or casual service: Does not include a person in honorary service: Includes any person serving in any of the New Zealand Armed Forces: Includes a person to whom any retiring allowance or pension or other payment of a similar nature is payable out of the Government Superannuation Fund or the Na­ tional Provident Fund.
(2) Sections 84G to 84K and section 84M of this Act shall bind the Crown to the extent of and subject to subsections (3) and (4) of this section.
(3) Where the judgment debtor is a servant of the Crown, an at­ tachment order may be made against the Crown as employer, and— (a) The employing department shall be named in the order as the employer; and Service of the order shall be effected on the Chief Ex­ ecutive of the employing department, and also on any ofﬁcer of the Crown (described by the name of the of­ (b) 93 Part 6 s 84L District Courts Act 1947 Reprinted as at 14 September 2007 (c) ﬁce, the name of the department, and the place where the ofﬁcer is stationed) speciﬁed in the order; and Service of the order shall be effected in accordance with section 84H of this Act, and, where service is effected by post, it shall be sufﬁcient if the letter is addressed to the person to be served by that person’s ofﬁcial title or any sufﬁcient description without that person’s personal name.
(4) Where the judgment debtor is entitled to a beneﬁt within the meaning of the Social Security Act 1964, an attachment order may be made against the chief executive of the department for the time being responsible for the administration of that Act, and— (a) service of the order must be effected by leaving a copy of the order at, or sending a copy of the order by post to,— (i) the District Ofﬁce of that department nearest to the judgment debtor’s place of residence; or an address notiﬁed by the chief executive of that department to the chief executive of the Ministry of Justice; and Section 84K shall not apply.
(ii) (b) Compare: 1957 No 87 s 106B; 1980 No 94 s 117; 1987 No 165 s 14 Sections 84A to 84Q and the preceding heading were inserted, as from 1 January 1990, by section 9 District Courts Amendment Act 1989 (1989 No 107).

Subsection (4) was amended, as from 1 October 1998, by section 57 Social Security Amendment Act 1998 (1998 No 19) by omitting the words “Part 1 of”.
Subsection (4) was amended, as from 1 October 1998, by section 11 Employ­ ment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96) by substituting the words “chief executive of the department for the time being responsible for the administration of that Act” for the words “Dir­ ector­General of Social Welfare”.
Subsection (4)(a) was amended, as from 1 October 1998, by section 11 Em­ ployment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96) by substituting the words “that department” for the words “the Department of Social Welfare”.

Subsection (4)(a) was substituted, as from 10 April 2006, by section 6 District Courts Amendment Act 2006 (2006 No 8).
94 Reprinted as at 14 September 2007 District Courts Act 1947 Part 6 s 84N 84M Variation, suspension, and discharge of attachment orders (1) Any attachment order may at any time be varied, suspended, or discharged by a District Court, on the application on notice of the judgment creditor or judgment debtor, on good cause being shown to the satisfaction of the Court why the order should be so varied, suspended, or discharged.
The variation, suspension, or discharge shall take effect when notice of it is served on the employer in accordance with sec­ tion 84H of this Act.

The jurisdiction of a District Court under this section may be exercised by the Registrar of the Court.

Compare: 1968 No 62 s 99; 1980 No 94 s 109 (3) (2) Sections 84A to 84Q and the preceding heading were inserted, as from 1 January 1990, by section 9 District Courts Amendment Act 1989 (1989 No 107).
Review of Registrar’s decision 84N Review of Registrar’s decision (1) Any person affected by any order or direction made by a Regis­ trar under section 84B or section 84C or section 84E or section 84G or section 84M of this Act may apply to a District Court Judge for a review of the order or direction.

Every such application shall be made within 21 days of the making of the order or direction, or within such further time as a Judge, on application, may allow.
The Judge may, on receiving any such application, order that any such order or direction shall be suspended pending the review.

(3) (2) (4) On any such review the Judge may conﬁrm, rescind, or vary the Registrar’s order or direction, and the order or direction shall have effect, or cease to have effect, accordingly.

Compare: 1957 No 87 s 106F; 1987 No 165 s 14 Sections 84A to 84Q and the preceding heading were inserted, as from 1 January 1990, by section 9 District Courts Amendment Act 1989 (1989 No 107).
Subsection (1) was amended, as from 1 July 1994, by section 3 District Courts Amendment Act 1994 (1994 No 29) by inserting the words “section 84B or”.
95 Part 6 s 84O District Courts Act 1947 Reprinted as at 14 September 2007 Contempt 84O Contempt procedures (1) Where— (a) (b) A judgment debtor has been examined under section 84B of this Act; and The Court is satisﬁed beyond reasonable doubt that— The judgment debtor has sufﬁcient means to pay (i) the judgment debt but refuses to do so; and (ii) All other methods of enforcing the judgment have been considered or tried and are inappro­ priate or unsuccessful,— the Court may, on the application of the judgment cred­ itor, order the respondent to do community work for a number of hours, not exceeding 200 hours, as the Court thinks ﬁt.
(2) Every application under subsection (1) of this section shall be supported by an afﬁdavit setting out the details of the judgment debtor’s alleged disobedience.

(3) A copy of the application and afﬁdavit referred to in subsection (4) (2) of this section shall be served on the judgment debtor.
If a copy of that application and afﬁdavit cannot be served on the judgment debtor, or if the judgment debtor fails to appear at the hearing of the application, the Judge may issue a warrant to arrest the judgment debtor and bring the judgment debtor before the Court as soon as possible.

(5) A warrant under subsection (4) of this section shall cease to have effect if the judgment debtor pays, or causes to be paid, the amount due under the judgment debt.
(6) Where a judgment debtor is arrested under a warrant issued under subsection (4) of this section, the following provisions shall apply: (a) (b) The judgment debtor shall be bailable as of right: Section 46 of the Summary Proceedings Act 1957 and Parts 1 to 3 of the Bail Act 2000 shall apply, with such modiﬁcations as may be necessary, as if the application under subsection (1) of this section was the hearing of a charge: 96 Reprinted as at 14 September 2007 District Courts Act 1947 Part 6 s 84O (c) if the judgment debtor cannot practicably be brought immediately before a Judge or a Registrar, any member of the police or any bailiff may take the bail bond of the judgment debtor, and Parts 1 to 3 of the Bail Act 2000 apply with any necessary modiﬁcations as if the bail bond were taken by a member of the police under section 21(1) of that Act.
(7) An order made under subsection (1) of this section shall have effect as if the judgment debtor, following conviction on an information, had been sentenced to community work, and the relevant provisions of Part 2 of the Sentencing Act 2002, with any necessary modiﬁcations, shall apply accordingly.
(8) Where a District Court, acting under this section, orders a re­ spondent to do community work, the judgment debtor shall have the same right of appeal to the High Court against the order as the judgment debtor would have had if the judgment debtor had been convicted and sentenced by the District Court on an information.

(9) Detention pursuant to this section shall not operate to extin­ guish or affect the liability of the judgment debtor to pay the judgment debt.
(10) Section 30 of the Sentencing Act 2002 applies in relation to this section as if the District Court were imposing a sentence of imprisonment.

Compare: 1980 No 94 s 130 Sections 84A to 84Q and the preceding heading were inserted, as from 1 January 1990, by section 9 District Courts Amendment Act 1989 (1989 No 107).
Subsection (1) was amended, as from 30 June 2002, by section 186 Sentenc­ ing Act 2002 (2002 No 9), by substituting the words “do community work for a number of hours, not exceeding 200 hours,” for the words “undergo peri­ odic detention for such period, not exceeding in any case 6 months,”.

See sec­ tions 148 to 160 Sentencing Act 2002 (2002 No 9) for the savings and transi­ tional provisions.

See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).
Subsection (6)(b) was amended, as from 1 January 2001, by section 74(2) Bail Act 2000 (2000 No 38), by substituting the words “Section 46 of the Summary Proceedings Act 1957 and Parts 1 to 3 of the Bail Act 2000” for the words “The provisions of Part 2 of the Summary Proceedings Act 1957 relating to adjournments and bail”.

See section 75 of that Act as to the savings provisions.

Subsection (6)(c) was substituted, as from 1 January 2001, by section 74(2) Bail Act 2000 (2000 No 38).
See section 75 of that Act as to the savings provisions.

97 Part 6 s 84P District Courts Act 1947 Reprinted as at 14 September 2007 Subsection (6)(c) was substituted, as from 10 April 2006, by section 7 District Courts Amendment Act 2006 (2006 No 8).
Subsection (7) was amended, as from 30 June 2002, by section 186 Sentencing Act 2002 (2002 No 9), by substituting the words “had been sentenced to com­ munity work, and the relevant provisions of Part 2 of the Sentencing Act 2002” for the words “had been sentenced to periodic detention; and the relevant pro­ visions of the Criminal Justice Act 1985”.

See sections 148 to 160 Sentencing Act 2002 (2002 No 9) for the savings and transitional provisions.
See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).

Subsection (8) was amended, as from 30 June 2002, by section 186 Sentencing Act 2002 (2002 No 9), by substituting the words “do community work” for the words “undergo periodic detention”.

See sections 148 to 160 Sentencing Act 2002 (2002 No 9) for the savings and transitional provisions.

See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).
Subsection (10) was substituted, as from 30 June 2002, by section 186 Sentenc­ ing Act 2002 (2002 No 9).

See sections 148 to 160 Sentencing Act 2002 (2002 No 9) for the savings and transitional provisions.

See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).

84P Application of Part 1 of Legal Services Act 1991 [Repealed] Sections 84A to 84Q and the preceding heading were inserted, as from 1 January 1990, by section 9 District Courts Amendment Act 1989 (1989 No 107).
Section 84P was substituted, as from 1 February 1992, by section 159(1) Legal Services Act 1991 (1991 No 71).

Section 84P was repealed, as from 1 February 2001, by section 127(1)(a) and section 128 Legal Services Act 2000 (2000 No 46).

84Q Judgment debtor doing community work to be discharged on payment (2) (1) Where a judgment debtor is doing community work pursuant to an order under section 84O of this Act, the judgment debtor may pay, or cause to be paid, the amount due in respect of the judgment debt.
If the judgment debtor pays, or causes to be paid, the amount due, a probation ofﬁcer, on being notiﬁed by the Registrar of the payment of that sum, must notify the judgment debtor that he or she is no longer required to report to a community work centre, unless there is some other reason for the judg­ ment debtor being required to report.
Compare: 1980 No 94 s 133 Sections 84A to 84Q and the preceding heading were inserted, as from 1 January 1990, by section 9 District Courts Amendment Act 1989 (1989 No 107).

98 Reprinted as at 14 September 2007 District Courts Act 1947 Part 6 s 85 The heading to section 84Q was amended, as from 10 April 2006, by section 8 District Courts Amendment Act 2006 (2006 No 8) by substituting the words “doing community work” for the words “undergoing periodic detention”.
Subsection (1) was amended, as from 30 June 2002, by section 186 Sentencing Act 2002 (2002 No 9) by substituting the words “doing community work” for the words “undergoing periodic detention”.

See sections 148 to 160 Sentencing Act 2002 (2002 No 9) for the savings and transitional provisions.

See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).

Subsection (2) was substituted, as from 30 June 2002, by section 186 Sentencing Act 2002 (2002 No 9).
See sections 148 to 160 Sentencing Act 2002 (2002 No 9) for the savings and transitional provisions.

See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).
Warrant of distress 85 Warrant of distress (1) A warrant of distress shall require the bailiff or constable to whom it is directed to levy or cause to be levied such sum of money as is adjudged or ordered to be paid, or so much thereof as then remains unpaid, and also the costs of the execution, and of previous proceedings (if any) for the enforcement of the judgment or order, by seizure and sale of the goods and chattels of the person liable under the judgment or order, and the warrant shall authorise the bailiff or constable aforesaid to seize— (a) Any of the goods and chattels of that person, except his necessary tools of trade to a value not exceeding $500 and his necessary household furniture and effects, including the wearing apparel of himself and his family to a value not exceeding $2,000; and (2) (b) Any money, bank notes, bills of exchange, promissory notes, bonds, specialties, or other securities for money belonging to that person.
The Governor­General may from time to time, by Order in Council, amend subsection (1) of this section by increasing any amount speciﬁed in that subsection.

Compare: 1928 No 14 ss 121, 129 Subsection (1)(a) was substituted, as from 15 November 1967, by section 4 District Courts Amendment Act 1967 (1967 No 42).

Subsection (1)(a) was amended, as from 6 November 1986, by section 3(1)(a) District Courts Amendment Act 1986 (1986 No 84), by substituting the expres­ sion “$500” for the expression “$300”.
99 Part 6 s 85A District Courts Act 1947 Reprinted as at 14 September 2007 Subsection (1)(a) was amended, as from 6 November 1986, by section 3(1)(b) District Courts Amendment Act 1986 (1986 No 84) by substituting the expres­ sion “$2,000” for the expression “$1,000”.

Subsection (2) was inserted, as from 6 November 1986, by section 3(2) District Courts Amendment Act 1986 (1986 No 84).
85A Immobilisation of motor vehicles (1) A bailiff or constable executing a distress warrant may, instead of seizing a motor vehicle under a warrant of distress, immo­ bilise the vehicle by attaching to it any device designed for the purpose, pending payment of the unpaid sum.
(2) No vehicle may be immobilised under subsection (1) unless, at the time of its immobilisation, the vehicle— (a) (b) Is on private property; or Is in a public place and the bailiff or constable is satis­ ﬁed that immobilising the vehicle will not cause undue inconvenience to other persons.

(3) If a motor vehicle is immobilised under this section, a bailiff or constable— (a) May seize the vehicle at any time: (b) Must, on the direction of the Registrar, seize the vehicle.
(4) A person commits an offence if, without reasonable excuse, he or she tampers with, removes, or attempts to remove a device attached to a vehicle under subsection (1).

(5) A person who commits an offence under subsection (4) is li­ able on summary conviction to a ﬁne not exceeding $1,000.

Section 85A was inserted, as from 5 March 1999, by section 3 District Courts Amendment Act 1999 (1999 No 4).
Disposal of bills of exchange, etc, seized The bailiff shall deliver all bills of exchange, promissory notes, bonds, specialties, or other securities for money which have been seized or taken to the Registrar, for the beneﬁt of the party upon whose application execution has issued, as security or securities for the amount directed to be levied by the execution, or so much thereof as has not been otherwise levied or raised.
The said party may sue in the name of the person against whom execution has issued, or in the name of any person in whose 86 (1) (2) 100 Reprinted as at 14 September 2007 District Courts Act 1947 Part 6 s 89 87 88 name the person against whom execution has issued might have sued, for the recovery of the sum or sums secured or made payable thereby when the time of payment thereof arrives.
Compare: 1928 No 14 s 130 Penalty for rescue of goods seized If any person rescues or attempts to rescue any goods seized in execution under a warrant of distress, he shall be liable, either on an order made by the Judge in that behalf or on summary conviction, to a ﬁne not exceeding $300, and any bailiff of the Court or constable may take him into custody, with or without warrant, and bring him before the Judge.
Section 87 was amended, as from 1 May 1981, by section 16 District Courts Amendment Act 1980 (1980 No 83) by substituting the expression “$300” for the expression “$40”.

The word “Judge” was substituted, as from 1 April 1980, for the word “Magis­ trate” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).
Sale of goods seized Period to elapse before sale No goods seized in execution under a distress warrant shall be sold for the purpose of satisfying the warrant until the expir­ ation of a period of at least 5 days next following the day on which the goods have been so seized unless— The goods are of a perishable nature; or (a) The person whose goods have been seized so requests (b) in writing.
Compare: 1928 No 14 s 123(1) Sale of goods by public auction unless otherwise ordered 89 (1) Goods seized in execution under a warrant of distress shall be sold by public auction unless a Court otherwise orders.
(2) Any bailiff authorised to execute a warrant of distress may, with the prior written authority of the Registrar, sell by auction the goods and chattels seized thereunder without having taken out an auctioneer’s licence, anything in the Auctioneers Act 101 Part 6 s 90 District Courts Act 1947 Reprinted as at 14 September 2007 1928 or in any other enactment or rule of law to the contrary notwithstanding.
Compare: 1928 No 14 s 123(3) 90 Protection of bailiff selling goods under execution without notice of claim by third party (1) Where any goods in the possession of an execution debtor at the time of seizure by a bailiff charged with the enforcement of a distress warrant issued from a Court are sold by the bailiff without any claim having been made to them— (a) The purchaser of the goods so sold shall acquire a good title to those goods; and (b) No person shall be entitled to recover against the bailiff, or anyone lawfully acting under his authority, for any sale of the goods, or for paying over the proceeds thereof prior to receipt of a claim to the goods, unless it is proved that the person from whom recovery is sought had notice, or might by making reasonable inquiry have ascertained, that the goods were not the property of the execution debtor.
(2) Nothing in this section shall affect the right of any claimant, who may prove that at the time of sale he had a title to any goods so seized, to any remedy to which he may be entitled against any person other than the bailiff.

The provisions of this section shall have effect subject to the provisions of section 50 of the Insolvency Act 1967 and sec­ tions 251 and 252 of the Companies Act 1993.
Compare: County Courts Act 1934, s 130 (UK) (3) Subsection (3) was amended, as from 1 May 1981, by section 11 District Courts Amendment Act 1980 (1980 No 83) by substituting the words “section 50 of the Insolvency Act 1967” for the words “sections 80 and 81 of the Bankruptcy Act 1908”.
Subsection (3) was amended, as from 30 June 1997, pursuant to section 2(1) Companies Act Repeal Act 1993 (1993 No 126) by substituting the words “sections 251 and 252 Companies Act 1993” for the words “sections 314 and 315 Companies Act 1955”.

Those words were substituted, as from 1 January 1957, for a reference to “sections 262 and 263 of the Companies Act 1933” by section 474(1) Companies Act 1955 (1955 No 63).
The word “Court” was substituted, as from 1 April 1980, for the words “Magis­ trate’s Court” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).
102 Reprinted as at 14 September 2007 District Courts Act 1947 Part 6 s 92 91 Procedure when goods seized are secured under bill of sale Where goods have been seized under a warrant of distress, and some third person claims under a bill of sale or otherwise to be entitled to the goods by way of security for a debt, a Judge may order a sale of the whole or part of the goods upon such terms as to payment of the whole or part of the secured debt or otherwise as he thinks ﬁt, and may direct the application of the proceeds of the sale in such manner and upon such terms as he deems just.
Compare: 1928 No 14 s 138 The word “Judge” was substituted, as from 1 April 1980, for the word “Magis­ trate” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).
Claims in respect of goods seized (2) Priority of High Court and District Court executions 92 (1) Where a writ or warrant against the goods of a party has is­ sued from the High Court, and a warrant of distress against the goods of the same party has issued under the provisions of this Act, the right to the goods seized shall be determined, as the case may be, by the priority of the time of the delivery of the writ or warrant to the Sheriff to be executed or of the application to the Registrar for the warrant of distress.
The Sheriff on demand shall, by writing signed by him, inform the bailiff to whom the warrant of distress is directed of the precise time of the delivery of the writ or warrant, and the bailiff of the District Court to whom the warrant of distress is directed shall on demand show the warrant to any Sheriff’s ofﬁcer, and such writing purporting to be so signed, and any endorsement on the warrant concerning the time of application to the Registrar for the warrant, shall respectively be sufﬁcient justiﬁcation to any Sheriff or bailiff acting thereon.
Compare: 1928 No 14 s 128 The words “High Court” and “District Court” were substituted for the words “Supreme Court” and “Magistrate’s Court”, as from 1 April 1980, pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124) and section 18(2) District Courts Amendment Act 1979 (1979 No 125).
103 Part 6 s 93 District Courts Act 1947 Reprinted as at 14 September 2007 Sale of goods where claim made thereto 93 (1) Where a claim is made to or in respect of any goods seized in execution under a distress warrant issued out of a Court, the claimant may— (a) Deposit with the bailiff either— (i) (ii) The amount of the value of the goods claimed; or The sum which the bailiff is allowed to charge as costs for keeping possession of the goods until the decision of the Judge can be obtained on the claim; or (2) (3) 94 (1) (b) Give the bailiff in the prescribed manner security for the value of the goods claimed.
For the purposes of this section, the amount of the value of the goods claimed shall, in case of dispute, be ﬁxed by ap­ praisement in the prescribed manner, and where the amount is deposited as aforesaid it shall be paid by the bailiff into Court to abide the decision of the Judge upon the claim.
In default of the claimant complying with the foregoing pro­ visions of this section, the bailiff shall sell the goods as if no such claim had been made, and shall pay into Court the pro­ ceeds of the sale to abide the decision of the Judge.

Compare: 1928 No 14 s 136; County Courts Act 1934, s 132 (UK) The word “Judge” was substituted, as from 1 April 1980, for the word “Magis­ trate” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).
Bailiff’s interpleader If a claim is made to or in respect of any goods or chattels seized in execution under a warrant of distress issued by a Court, or in respect of the proceeds or value thereof, the bailiff may, before or after the return of the warrant, and whether an action has been commenced against him for such seizure or not, obtain from the Registrar a summons calling before the Court the party at whose instance the process issued and the party making the claim.
(2) Upon the issue of the summons any action brought in any Dis­ trict Court or other Court in respect of the claim or of any dam­ age arising out of the execution of the warrant shall be stayed.
104 Reprinted as at 14 September 2007 District Courts Act 1947 Part 6 s 95 (3) On the hearing of the summons, the Judge shall adjudicate upon the claim, and shall also adjudicate between the parties or either of them and the bailiff upon any claim to damages arising or capable of arising out of the execution of the warrant by the bailiff, and shall make such order in respect of any such claim and the costs of the proceedings as he thinks ﬁt.
Compare: 1928 No 14 s 137; County Courts Act 1934, s 133 (UK) The word “Court” in subsection (1) and the words “District Court” in subsec­ tion (2) were substituted, as from 1 April 1980, for the words “Magistrate’s Court” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).

The word “Judge” in subsection (3) were substituted, as from 1 April 1980, for the word “Magistrate” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).
95 (1) (2) (3) Claims for rent where goods seized under execution The landlord of a tenement in which goods are taken in execu­ tion under this Act, or his agent, may claim the rent thereof at any time within 5 days from the date of the taking, or before the removal of the goods, by delivering to the bailiff a writing signed by the landlord or his agent stating the nature of the ten­ ancy, the amount of rent claimed to be in arrear, and the period in respect of which the rent is due.
If such claim is made, the bailiff shall, in addition to the levy under the warrant, distrain for the rent so claimed and the cost of such distress, and shall not, within 5 days next after the distress, sell any part of the goods seized unless— (a) (b) The goods are of a perishable nature; or The person whose goods have been seized so requests in writing.
The bailiff shall afterwards sell under the execution and dis­ tress such of the goods as will satisfy— (a) First, the costs of and incidental to the sale; (b) Next, the claim of the landlord not exceeding— (i) (ii) (iii) In a case where the tenement is let by the week, 8 weeks’ rent; In a case where the tenement is let for any other term less than a year, the rent of 2 terms of pay­ ment; In any other case, 12 months’ rent; and 105 Part 6 s 96 District Courts Act 1947 Reprinted as at 14 September 2007 (4) (5) (6) Lastly, the amount for which the warrant issued.
(c) If replevin is made of the goods seized, the bailiff shall never­ theless sell such portion thereof as will satisfy the costs of and incidental to the sale under the execution and the amount for which the warrant issued.

In any event the surplus of the sale, if any, and the residue of the goods shall be returned to the execution debtor.
The fees and expenses of the bailiff for keeping possession and for sale under any such distress shall be the same as would have been payable if the distress had been an execution of the Court, and no other fees shall be demanded or taken in respect thereof.
Compare: 1928 No 14 ss 134, 135; County Courts Act 1934, s 134 (UK) Garnishee proceedings (2) Garnishee proceedings 96 (1) Any person who has obtained a judgment or order for the pay­ ment of money may take proceedings in accordance with the rules to obtain payment to him of the amount of any debt ow­ ing or accruing to the judgment debtor from any other person or so much thereof as may be sufﬁcient to satisfy the judgment or order and the costs of the garnishee proceedings.
For the purposes of this section a sum which stands to the credit of a judgment debtor with any person (including a bank or savings bank) and which is on deposit with that person or is held by him in a current or other account (including a deposit account) shall be deemed to be a sum due or accruing to that judgment debtor and, subject to the rules, shall be attachable accordingly, notwithstanding that any of the following condi­ tions applicable to the deposit or account, that is to say— (a) Any condition that notice is required before any money is withdrawn: (b) Any condition that a demand for payment must be (c) made: Any condition that a personal application must be made before any money is withdrawn: (d) Any other condition (other than a condition that a de­ posit book, receipt for money deposited, or other like 106 Reprinted as at 14 September 2007 District Courts Act 1947 Part 6 s 96A (3) (4) document must be produced before any money is with­ drawn)— has not been satisﬁed.
The rules may require any person who has in his possession or knows the whereabouts of any deposit book, receipt for money deposited, or other like document relating to the deposit or account of any judgment debtor to deliver that book, receipt, or document to the Court or to disclose its whereabouts to the Court, as the case may require.
In this section the term savings bank includes Post Ofﬁce Bank Limited, a trustee savings bank established under the Trustee Savings Banks Act 1948, and a private savings bank established under the Private Savings Banks Act 1983.

Compare: 1928 No 14 s 27(d) Subsections (2) to (4) were inserted, as from 1 January 1972, by section 10 District Courts Amendment Act 1971 (1971 No 56).
Subsection (4) was amended, as from 1 April 1987, by section 32(1) State­ Owned Enterprises Act 1986 (1986 No 124) by substituting the words “Post Ofﬁce Bank Limited” for the words “the Post Ofﬁce Savings Bank”.

The reference to the Private Savings Bank Act 1983 in subsection (4) was sub­ stituted, as from 10 September 1993, for a reference to the Private Savings Banks Act 1964 by section 23(1) Private Savings (Transfer of Undertakings) Act 1992 (1992 No 21).
See regulation 2 Private Savings Banks Act Repeal Order 1993 (1993/276).

The Trustee Savings Banks Act 1948, referred to in subsection (4), was repealed and replaced by the Trustee Banks Act 1983 (1983 No 116), section 54(5) of which substituted a reference to a trustee bank for the reference to a trustee savings bank, and the 1983 Act was repealed by the Trustee Banks Restructuring Act 1988.
Charging orders 96A Charging orders (1) Any person who has obtained a judgment or order for the pay­ ment of money may apply to the Court in accordance with the rules for a charging order.
(1A) A charging order may be made in respect of any of the follow­ ing property: (a) Any estate, right, title, or interest in possession, remain­ der, reversion, or expectancy, and whether vested or contingent, in any land held by the judgment debtor in the judgment debtor’s own name: 107 Part 6 s 96A District Courts Act 1947 Reprinted as at 14 September 2007 (b) Any right or interest of the judgment debtor in any part­ (c) nership: Any shares held by the judgment debtor in any com­ pany incorporated in New Zealand, or having an ofﬁce in New Zealand in which transfers of shares may be reg­ istered: (d) Any estate, right, or interest in possession, remainder, reversion, or expectancy, and whether vested or con­ tingent, in any land, or in any money, shares, or other chattels held under or by virtue of any express or im­ plied trust for the judgment debtor.
Subject, in the case of a charging order made in respect of a registered estate or interest in any land, to registration under subsection (6) of this section, a charging order— (a) Shall charge the estate, right, title, or interest of the judgment debtor in the property described in the order with payment of the amount for which the judgment creditor has obtained judgment: Shall restrain the person served with it— (i) From making, or concurring in making or permit­ ting any conveyance, transfer, assignment, or dis­ position of any estate, right, or interest, or of any share in a partnership or company, of the judg­ ment debtor; or From paying over any income, interest, divi­ dends, bonus, proﬁts, or other money due or accruing due to the judgment debtor,— (ii) except in accordance with the rules or by leave of the Court: Shall be removable into the High Court pursuant to sub­ section (8) of this section and be enforceable in the High Court in the same way as if the charging order had been issued by the High Court into which it is removed: In the case of a charging order in respect of land, shall, unless an instrument of transfer or a deed of conveyance or assignment consequent upon a writ of sale of the land affected by the charging order is registered within 2 years after the date of the charging order, cease to bind the land and shall be deemed to have been discharged (b) (c) (d) (2) 108 Reprinted as at 14 September 2007 District Courts Act 1947 Part 6 s 97 unless the Court extends the effect of the charging order in accordance with the rules.
(3) A charging order shall specify, in such manner as to identify it, the property on which the charge is imposed.

(4) A charging order may be varied or discharged at any time by the Court.
(5) Where a charging order is made in respect of the registered es­ tate or interest of the judgment debtor in any land, a duplicate or copy of the order under the seal of the Court may be deliv­ ered for registration to the appropriate District Land Registrar if the title to the land is under the Land Transfer Act 1952, or to the appropriate Registrar of Deeds if the title to the land is not under that Act, or, in the case of a mining privilege within the meaning of the Mining Act 1971, may be delivered for record­ ing to the District Land Registrar in whose ofﬁce the mining privilege is recorded.
The Registrar to whom the duplicate or copy is delivered shall, without fee, record it in the register against the appropriate folium of the register book and against any relevant instrument of title, or record it and note its particulars on the ﬁled copy of the mining privilege to which it relates, as the case may require.

(6) (7) An order discharging or varying a charging order may be reg­ istered or recorded in the same manner as the charging order.
(8) Any charging order made under this section may be removed into the High Court in accordance with section 66 of this Act, and the provisions of that section, with any necessary modiﬁ­ cations, shall apply accordingly.

Section 96A and the preceding heading were inserted, as from 1 January 1984, by section 7 District Courts Amendment Act 1983 (1983 No 49).
Subsections (1) and (2) were substituted, and subsection (1A) was inserted, as from 30 March 1987, by section 3(2) District Courts Amendment Act 1987 (1987 No 26).
Committals Issue and execution of orders or warrants of committal 97 (1) Whenever any order or warrant for the committal of any per­ son to prison is made or issued by a Court in pursuance of this Act or the rules the order or warrant shall be directed to a 109 Part 6 s 98 District Courts Act 1947 Reprinted as at 14 September 2007 bailiff or constable, who shall thereby be empowered to take the person against whom the order is made or warrant issued, and it shall be the duty of every constable to assist in the exe­ cution of every such order or warrant.
(2) Any person committed to prison by any Court in pursuance of this Act or the rules shall be committed to a prison established under or deemed to be established under the Corrections Act 2004, and the prison manager of the prison mentioned in any such order or warrant shall be bound to receive and keep the person therein mentioned until he is lawfully discharged.
Compare: County Courts Act 1934, ss 140, 141 (UK) The word “Court” in subsection (1) was substituted, as from 1 April 1980, for the words “Magistrate’s Court” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).

The reference to the Penal Institutions Act 1954 in subsection (2) was substi­ tuted, as from 1 January 1955, for a reference to the Prisons Act 1908 by section 49(1) Penal Institutions Act 1954 (1954 No 51).
Subsection (2) was amended, as from 1 January 1955, pursuant to section 7(3) Penal Institutions Act 1954 (1954 No 51) by substituting the words “the Super­ intendent” for the words “the gaoler or a superintendent”.

Subsection (2) was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting the words “or deemed to be established under the Corrections Act 2004, and the prison manager” for the words “the Penal Institutions Act 1954, and the Superintendent”.
See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).

98 Power of Judge to order discharge If at any time it appears to the satisfaction of a Judge that any person conﬁned to prison pursuant to the last preceding section ought for any reason to be discharged, the Judge may order his discharge upon such terms (including liability to rearrest if the terms are not complied with) as the Judge thinks ﬁt.
Compare: 1928 No 14 s 200 The word “Judge” was substituted, as from 1 April 1980, for the word “Magis­ trate” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).
Warrant for the recovery of land 99 Warrant for the recovery of land (1) A warrant for the recovery of land shall authorise the bailiff or constable to whom it is directed to give possession of the 110 Reprinted as at 14 September 2007 District Courts Act 1947 Part 6 s 100 land referred to therein to the person named in the warrant and shall justify him in entering, by force if necessary, upon the land, with such assistants as he deems necessary, and in giving possession accordingly; but no entry under any such warrant shall be made except between the hours of 9 o’clock in the morning and 4 o’clock in the afternoon.
The person to whom possession is given in accordance with the warrant shall hold the land discharged of the tenancy (if any), and the defendant, and all persons claiming by, through, or under him shall, so long as the judgment or order pursuant to which the warrant was issued remains unreversed, be barred from all relief in equity or otherwise.

For the purpose of executing any warrant to give possession of any premises, it shall not be necessary to remove any goods or chattels from those premises.
Compare: 1928 No 14 ss 181(3), 186; County Courts Act 1934, s 120 (UK).
(2) 100 Irregularity in execution of warrant can only be sued for as special damage (1) Where a person by whom a warrant for the recovery of any land is sued out had, at the time of suing out the same, lawful right to the possession of the land, neither he nor his agent, nor any other person acting in his behalf, shall be deemed to be a trespasser by reason merely of any irregularity or informality in the mode of proceeding for obtaining possession under the authority of this Act; but the party aggrieved may if he thinks ﬁt bring an action in any Court of competent jurisdiction and recover for special damage.
If special damage is not proved the defendant shall be entitled to a verdict; and if proved, but assessed by the last­mentioned Court at any sum not exceeding $5, the plaintiff shall recover no more costs than damages unless the Judge or District Court Judge of the Court before whom the trial is held certiﬁes that in his opinion full costs ought to be allowed.

Compare: 1928 No 14 s 192.


(2) Subsection (2) was amended, as from 1 May 1981, by section 12 District Court Amendment Act 1980 (1980 No 83) by substituting the expression “$5” for the expression “$0.50”.

111 Part 6 s 101 District Courts Act 1947 Reprinted as at 14 September 2007 The words “District Court Judge” in subsection (2) were substituted, as from 1 April 1980, for the words “Magistrate” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).
101 Person illegally obtaining warrant liable for trespass (1) If any person by whom a warrant for the recovery of any land is sued out in a Court had not, at the time of suing out the same, lawful right to the possession of the land, the suing out of the warrant shall be deemed a trespass by him against the tenant or occupier of the land, although no entry is made by virtue of the warrant.
(2) Nothing herein contained shall be deemed to protect any per­ son on whose application and to whom any such warrant as aforesaid is granted from any proceeding against him by any such tenant or occupier as aforesaid for or in respect of any entry and taking possession, where that person had not when the warrant was issued lawful right to the possession of the said land; and nothing herein contained shall affect any rights to which any person may be entitled as outgoing tenant by the custom of the country or otherwise.
(3) No proceeding or prosecution shall be brought against any Judge who has made any order for the issue of, or any Regis­ trar who has issued, any warrant for the recovery of any land, or against any bailiff or constable who has executed any such warrant as aforesaid for ordering, issuing, or executing the warrant, by reason only that the person on whose application the warrant was issued had not lawful right to the possession of the land.
Compare: 1928 No 14 ss 187, 188, 191 Subsections (1) and (2) were amended, as from 1 July 1992, by section 21(1) District Courts Amendment Act 1991 (1991 No 61) by substituting the word “proceeding” for the word “action”.

The word “Judge” in subsection (3) was substituted, as from 1 April 1980, for the word “Magistrate” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).
102 Execution of warrant may be stayed on giving bond (1) If any tenant or occupier becomes bound with 2 sureties as hereinafter provided, to be approved of by the Court, in such sum as the Court deems reasonable (regard being had to the 112 Reprinted as at 14 September 2007 District Courts Act 1947 Part 6 s 103 (2) (3) value of the land and the probable costs of an action), to sue the person to whom such warrant as aforesaid was granted with effect and without delay, and to pay all the costs of the proceed­ ing in case judgment is given for the defendant, or the plaintiff discontinues or does not prosecute the plaintiff’s proceeding, or becomes nonsuited therein, execution of the warrant shall be stayed until judgment has been given in the action of tres­ pass.
If upon the trial of the proceeding judgment is given for the plaintiff, the judgment thereupon shall supersede the warrant so granted, and the plaintiff shall be entitled to his costs in the proceeding.
Every such bond as aforesaid shall be made to the landlord at the cost of the tenant or occupier and shall be approved of in writing by a Judge; and if the bond so taken is forfeited, or if on the trial of the proceeding for securing the trial of which the bond was given the Judge by whom it is tried does not endorse upon the record in Court that the condition of the bond has been fulﬁlled, the party to whom the bond has been so made may bring a proceeding and recover thereon; and the Court where the last­mentioned proceeding is brought may by order give such relief to the parties upon the bond as may be agreeable to justice, and the order shall have the nature and effect of a defeasance to the bond.
Compare: 1928 No 14 ss 189, 190 Subsection (1) was amended, as from 1 July 1992, by section 21(1) District Courts Amendment Act 1991 (1991 No 61) by substituting the word “proceed­ ing” for the words “proceedings in the action” and substituting the words “the plaintiff’s proceeding” for the words “his action”.

Subsection (2) was amended, as from 1 July 1992, by section 21(1) District Courts Amendment Act 1991 (1991 No 61) by substituting the word “proceed­ ing” for the word “action” wherever it occurs.
Subsection (3) was substituted, as from 1 July 1992, by section 21(1) District Courts Amendment Act 1991 (1991 No 61).

Recovery of chattels 103 Warrant for the recovery of chattels (1) A warrant for the recovery of chattels may be issued at the request of any person who has obtained a judgment or order for the recovery of speciﬁc chattels.
113 Part 6 s 104 District Courts Act 1947 Reprinted as at 14 September 2007 (2) The warrant shall require the bailiff or constable to whom it is directed to demand and seize the speciﬁc chattels referred to therein, if they can be found by him, and to deliver them to the person named in the warrant.
Compare: 1928 No 14 s 131(1) (2) 104 Further proceedings if chattels not recovered (1) If the chattels are not recovered under the warrant aforesaid, application may be made to a Judge for an order or warrant of committal.

The order or warrant of committal shall direct the committal of the person named therein for such period as the Judge thinks ﬁt not exceeding one month.
If possession of the chattels is not recovered under the warrant referred to in the last preceding section, whether or not an order or warrant of committal is issued, the person entitled to the recovery of the chattels may obtain the issue of a warrant of distress for the value of the chattels, such value to be assessed in such manner as a Judge may direct.
Compare: 1928 No 14 s 131(2), (3) The word “Judge” was substituted, as from 1 April 1980, for the word “Magis­ trate” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).
Liability and protection of ofﬁcers 105 Neglect by bailiffs (1) Where a bailiff of any Court, or any person acting under his authority, being employed to levy any execution against goods and chattels, loses the opportunity of levying the execution by reason of neglect, connivance, or omission, any party ag­ grieved thereby may complain to the Judge of that Court.
(2) On any such complaint the Judge, if the neglect, connivance, or omission is proved to his satisfaction, shall order the bailiff to pay such damages as it appears that the complainant has sustained by reason thereof, not exceeding in any case the sum for which the execution issued.

Compare: 1928 No 14 s 24 The word “Judge” was substituted, as from 1 April 1980, for the word “Magis­ trate” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).
114 Reprinted as at 14 September 2007 District Courts Act 1947 Part 6 s 107 106 Irregularity in executing warrants No ofﬁcer of a Court in executing any warrant of the Court, and no person at whose instance any such warrant is executed, shall be deemed a trespasser by reason of any irregularity or informality— (a) In any proceeding on the validity of which the warrant depends; or In the form of the warrant or in the mode of executing it; (b) but any person aggrieved may bring a proceeding for any spe­ cial damage sustained by him by reason of the irregularity or informality against the person guilty thereof: Provided that no costs shall be recovered in any such proceeding un­ less the damages awarded exceed $30.
Compare: 1928 No 14 s 193 Paragraph (b) was amended, as from 1 July 1992, by section 21(1) District Courts Amendment Act 1991 (1991 No 61) by substituting the words “a pro­ ceeding” for the words “an action”.

The proviso to this section was amended, as from 1 July 1992, by section 21(1) District Courts Amendment Act 1991 (1991 No 61) by substituting the word “proceeding” for the word “action”.
This proviso to this section was amended, as from 1 May 1981, by section 13 District Courts Amendment Act 1980 (1980 No 83) by substituting the expres­ sion “$30” for the expression “$4”.
107 Proceedings against bailiffs acting under warrants (1) No proceeding shall be commenced against any bailiff for any­ thing done pursuant to a warrant issued under this Act, un­ less— (a) A demand for inspection of the warrant and for a copy thereof is made or left at the ofﬁce of the Court by the party intending to bring the proceeding, or his solicitor or agent, in writing signed by the person making the demand; and The bailiff refuses or neglects to comply with the de­ mand within 6 days after it is made.
(b) (2) If any proceeding is commenced against a bailiff in a case where such a demand has been made and not complied with, judgment shall be given for the bailiff if the warrant is pro­ duced or proved at the trial, notwithstanding any defect of jur­ 115 Part 6 s 108 District Courts Act 1947 Reprinted as at 14 September 2007 isdiction or other irregularity in the warrant; but the ofﬁcer who issued the warrant may be joined as a defendant in the pro­ ceeding, and if the ofﬁcer is so joined and judgment is given against him the costs to be recovered by the plaintiff against him shall include such costs as the plaintiff is liable to pay to the bailiff.
Compare: County Courts Act 1934, s 147 (UK) Subsections (1) and (2) were amended, as from 1 July 1992, by section 21(1) District Courts Amendment Act 1991 (1991 No 61) by substituting the word “proceeding” for the word “action”.
108 Production of warrant sufﬁcient proof of Court’s authority (1) (2) (3) In any proceeding commenced against a person for anything done in pursuance of this Act, the production of the warrant of the Court shall be deemed sufﬁcient proof of the authority of the Court previous to the issue of the warrant.

Subsections (1) and (2) were repealed, as from 1 January 1952, by section 35(2) Limitation Act 1950 (1950 No 65).
Subsection (3) was amended, as from 1 July 1992, by section 21(1) District Court Amendment Act 1991 (1991 No 61) by substituting the word “proceed­ ing” for the word “action”.
Part 7 Miscellaneous and general Writs of arrest 109 Absconding debtors may be held to bail (1) Where it appears to the satisfaction of any Judge by afﬁdavit of the plaintiff or his authorised agent that the plaintiff has a good cause of action against a defendant for a sum within the jurisdiction of a Court for which a proceeding has been com­ menced under this Act, and that there is probable cause (the grounds of which shall be stated in the afﬁdavit) for believ­ ing that the defendant is about to leave New Zealand with the intention of evading the payment of that sum, the Judge may issue a writ of arrest under his hand returnable immediately; and, if payment of that sum is not made before execution of the 116 Reprinted as at 14 September 2007 District Courts Act 1947 Part 7 s 109 writ, the defendant shall be brought before a Judge who, upon investigation of the case, may either discharge the defendant or hold him to bail, with or without sureties at the discretion of the Judge, for any sum not exceeding the amount sworn to in the afﬁdavit, with costs: Provided that the Judge may, before issuing the writ, require the person asking for the issue thereof to lodge in the Court any sum of money not exceeding $2,000, or to give security therefor to the satisfaction of the Court, to abide the decision of the Court under paragraph (b) of section 110 of this Act.
In default of bail being so given, or the amount with costs being deposited with the Registrar, as hereinafter provided, the Judge may order the defendant to be detained in some prison or lock­up, and to be brought from there to a Court at a time to be stated in the order, being not more than 4 clear days from the date of the order, unless he sooner gives the prescribed security or makes the required deposit.
(2) (3) A defendant against whom a writ has issued for any amount may deposit that amount with the ofﬁcer executing the writ or the Registrar, in lieu of bail, together with such amount for costs as may be shown on the writ; and the sum so deposited shall be paid, applied, and disposed of according to the ﬁnal judgment of the Court.
(4) A Judge before whom a defendant is brought under the au­ thority of any writ issued as aforesaid may, with the consent in writing of the defendant, summarily hear and ﬁnally adjudi­ cate upon the claim of the plaintiff, or may ﬁx the time for the hearing of the claim by the Court or order that the proceeding be set down for hearing and ﬁx the time thereof.
(5) Where a Judge is not available through absence, illness, or any other cause, a Registrar may exercise any of the powers conferred on a Judge by subsections (1) and (2) of this section, other than the power to discharge the defendant.

Section 109 was substituted, as from 1 January 1972, by section 11(1) District Courts Amendment Act 1971 (1971 No 56).
Subsection (1) was amended, as from 1 July 1992, by section 21(1) District Courts Amendment Act 1991 (1991 No 61) by substituting the words “a pro­ ceeding” for the word “action”.

117 Part 7 s 110 District Courts Act 1947 Reprinted as at 14 September 2007 The proviso to subsection (1) was amended, as from 1 May 1981, by section 14 District Courts Amendment Act 1980 (1980 No 83) by substituting the expres­ sion “$2,000” for the expression “$500”.
Subsection (2) was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting the word “prison” for the words “penal institution”.

See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).

Subsection (4) was substituted, as from 1 July 1992, by section 21(1) District Courts Amendment Act 1991 (1991 No 61).
The words “Judge” and “Court” were substituted, as from 1 April 1980, for the word “Magistrate” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).
Successful plaintiff entitled to execution, successful defendant entitled to compensation Where a Judge hears and ﬁnally adjudicates upon the claim of a plaintiff under the power contained in the last preceding section the following provisions shall apply: (a) If judgment is given for the plaintiff, the Judge may make an order for the immediate payment of the amount of the judgment, with costs, and execution may at once be issued and such other proceedings may be had thereon as if the judgment were a judgment obtained in the ordinary course of procedure: If judgment is given for the defendant, the Judge may, in his discretion, award to the defendant by way of compensation any sum not exceeding $2,000, and such award shall be deemed to be a judgment of the Court, and execution may issue thereon.
(b) Compare: 1928 No 14 s 152 Paragraph (b) was amended, as from 1 May 1981, by section 15 District Courts Amendment Act 1980 (1980 No 83) by substituting the expression “$2,000” for the expression “$500”.

The word “Judge” was substituted, as from 1 April 1980, for the word “Magis­ trate” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).
Interpleader Interpleader Where a person is under a liability for any debt or other cause of action, money, or chattels for or in respect of which he is or expects to be sued by 2 or more persons making adverse claims 110 111 118 Reprinted as at 14 September 2007 District Courts Act 1947 Part 7 s 112 thereto, he may, if the subject­matter does not exceed in value the sum of $200,000, apply to a Court in manner prescribed for relief by way of interpleader in accordance with the rules.
Compare: 1928 No 14 s 27(g) Section 111 was amended, as from 23 October 1963, by section 3 District Courts Amendment Act 1963 (1963 No 100) by substituting the words “one thousand pounds” for the words “ﬁve hundred pounds”.

Section 111 was amended, as from 1 January 1972, by section 2(f) District Courts Amendment Act 1971 (1971 No 56) by substituting the expression “$3,000” for the words “two thousand dollars”.
Section 111 was amended, as from 1 April 1980, by section 9(1)(f) District Courts Amendment Act 1979 (1979 No 125) by substituting the expression “$12,000” for the expression “$3,000”.

Section 111 was amended, as from 13 November 1989, by section 2(1)(f) Dis­ trict Courts Amendment Act 1989 (1989 No 107) by substituting the expression “$50,000” for the expression “$12,000”.
Section 111 was amended, as from 1 July 1992, by section 15(1) District Courts Amendment Act 1991 (1991 No 61) by substituting the expression “$200,000” for the expression “$50,000”.
112 Power to commit for contempt Contempt If any person— (a) Wilfully insults a Judge or any witness or any ofﬁcer of the Court during his sitting or attendance in Court, or in going to or returning from the Court; or (b) Wilfully interrupts the proceedings of a Court or other­ wise misbehaves in Court; or (c) Wilfully and without lawful excuse disobeys any order or direction of the Court in the course of the hearing of any proceedings,— any ofﬁcer of the Court, with or without the assistance of any constable or other person, may, by order of the Judge, take the offender into custody and detain him until the rising of the Court, and the Judge may, if he thinks ﬁt, by warrant under his hand, commit the offender to prison for any period not exceeding 3 months or impose upon the offender a ﬁne not exceeding $1,000 for each offence.
Compare: 1928 No 14 ss 196, 197 Section 112 was amended, as from 1 May 1981, by section 16 District Courts Amendment Act 1980 (1980 No 83) by substituting the expression “$150” for the expression “$20”.

119 Part 7 s 113 District Courts Act 1947 Reprinted as at 14 September 2007 Section 112 was amended, as from 13 January 1983, by section 7(a) District Courts Amendment Act (No 2) 1982 (1982 No 130) by substituting the words “3 months” for the words “10 days”.
Section 112 was amended, as from 13 January 1983, by section 7(a) District Courts Amendment Act (No 2) 1982 (1982 No 130) by substituting the expres­ sion “$1,000” for the expression “$150”.

The word “Judge” was substituted, as from 1 April 1980, for the word “Magis­ trate” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).
Financial provisions 113 Payment and recovery of fees (1) All fees, except such as may be payable in respect of keeping possession, or for storing, removing, or selling goods seized under a warrant, shall be paid in the ﬁrst instance by the party on whose behalf any proceedings are taken.
(1A) The fact that the party on whose behalf any proceedings are taken is Her Majesty, or any ofﬁcer of Her Majesty’s Govern­ ment in New Zealand on Her Majesty’s behalf or on behalf of Her Majesty’s Government in New Zealand, shall not affect the application of subsection (1) of this section.
(2) No Registrar or Deputy Registrar may do any act for which a fee is payable unless the amount of the fee prescribed or determined under any enactment is paid or unless payment of that amount is waived or postponed.

(2A) An act for which a fee is payable is not invalid simply because (3) the fee has not been paid.

In default of the payment of any fees, payment thereof shall be enforced, by order of the Court, in like manner as payment of any debt adjudged by the Court to be paid.
(4) A table of all fees payable shall be posted in a conspicuous place in every Registrar’s ofﬁce.

Compare: 1928 No 14 s 176(1), (2), (3); County Courts Act 1934 s 168 (UK) Subsection (1A) was inserted, as from 1 July 1994, by section 4 District Courts Amendment Act 1994 (1994 No 29).

The word “Judge” was substituted, as from 1 April 1980, for the word “Magis­ trate” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).
Subsection (2) proviso was repealed, as from 6 November 1986, by section 4 District Courts Amendment Act 1986 (1986 No 84).

120 Reprinted as at 14 September 2007 District Courts Act 1947 Part 7 s 116 Subsection (2) was substituted, and subsection (2A) was inserted, as from 9 October 2001, by section 3 District Courts Amendment Act 2001 (2001 No 82).
114 Enforcement of ﬁnes The payment of any ﬁne imposed by a Court under this Act may be enforced, upon the order of a Judge, in like manner as the payment of any ﬁne imposed on summary conviction may be enforced under the provisions of the Summary Proceedings Act 1957.

Compare: 1928 No 14 s 201 The word “Judge” was substituted, as from 1 April 1980, for the word “Magis­ trate” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).
The reference to the Summary Proceedings Act 1957 was substituted, as from 1 April 1958, for a reference to the Justices of the Peace Act 1927 by section 214(1) Summary Proceedings Act 1957 (1957 No 87).
115 Fines and fees to be paid to Crown Bank Account All fees and ﬁnes payable in respect of proceedings in Courts or before Judges shall be paid into a Crown Bank Account or a Departmental Bank Account in accordance with the Public Finance Act 1989: Provided that fees in respect of keeping possession, and of storing, removing, and selling goods seized under a warrant shall be paid to the bailiff or person charged with the execution of the warrant, to be paid by him to the person entitled thereto.
Compare: 1928 No 14 s 178 Section 115 was amended, as from 1 July 1989, by section 86(1) Public Fi­ nance Act 1989 (1989 No 44) by substituting the words “be paid into a Crown Bank Account or a Departmental Bank Account in accordance with the Public Finance Act 1989” for the words “form part of the Consolidated Account”.

The words “Courts” and “Judges” were substituted, as from 1 April 1980, for the words “Magistrates’ Courts” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).
Miscellaneous 116 (1) Summonses and other documents to be under seal Every document of a prescribed class issuing out of a Court shall be sealed with the seal of the Court.

121 Part 7 s 116A District Courts Act 1947 Reprinted as at 14 September 2007 (2) All such summonses and other documents purporting to be sealed as aforesaid shall, in New Zealand, be received in evi­ dence without further proof thereof.
Compare: 1928 No 14 s 39; County Courts Act 1934 s 176 (UK) Subsection (1) was substituted, as from 1 April 1980, by section 17 District Courts Amendment Act 1979 (1979 No 125).

116A Proof of service of documents by ofﬁcer or constable (1) Where any summons or any other document is served by any ofﬁcer of a Court or by any constable, the service may be proved either by an endorsement on a copy of the document showing the fact and the time and mode of service or in any other manner prescribed by the rules.
Any such endorsement shall be signed by the person who served the summons or document.

Every ofﬁcer or constable who wilfully endorses any false statement on a copy of any summons or document commits an offence and is liable on conviction on indictment to im­ prisonment for a term not exceeding 2 years or to a ﬁne not exceeding $2,000, or to both.
(2) (3) 117 122 Compare: County Courts Act 1934, s 175 (UK) Section 116A was inserted, as from 12 May 1955, by section 2 District Courts Amendment Act 1955 (1955 No 13).

Subsection (1) was amended, as from 1 July 1992, by section 16(1) District Courts Amendment Act 1991 (1991 No 61) by omitting the words “or, if the service was effected by registered letter in accordance with the rules, by an ofﬁcer of the Court who knows of the service”.
Subsection (2) was amended, as from 1 May 1981, by section 16 District Courts Amendment Act 1980 (1980 No 83) by substituting the expression “$2,000” for the expression “$400”.

Subsection (3) was repealed, as from 1 April 1958, by section 214(1) Summary Proceedings Act 1957 (1957 No 87).
Subtenant to give notice of proceeding to subtenant’s immediate landlord Every subtenant to whom there is delivered notice of any pro­ ceeding taken under this Act for the recovery of any land demised to or held by the subtenant, or to whose knowledge it comes, shall forthwith give notice thereof to the subtenant’s immediate landlord, and if the subtenant fails to do so the sub­ Reprinted as at 14 September 2007 District Courts Act 1947 Part 7 s 120 tenant shall be liable to forfeit to the subtenant’s immediate landlord an amount equal to not more than 3 years’ improved or rack rent of the land, to be recovered by a proceeding taken in any District Court or other Court having jurisdiction in re­ spect of claims for such an amount.
Section 117 was substituted, as from 1 July 1992, by section 17(1) District Courts Amendment Act 1991 (1991 No 61).

118 Proceeding on lost instruments In any proceeding founded on a promissory note, bill of ex­ change, or other negotiable instrument declared on the afﬁ­ davit of the plaintiff to be lost, if an indemnity is given by the plaintiff to the satisfaction of the Court against the claims of any other person upon the instrument the Court may give judg­ ment therefor as if the same were produced.
Compare: 1928 No 14 s 44 Section 118 was amended, as from 1 July 1992, by section 21(1) District Courts Amendment Act 1991 (1991 No 61) by substituting the word “proceeding” for the word “action”.

119 Immunity of Judges Every District Court Judge has, at all times, the same immun­ ities as a Judge of the High Court.
Section 119 was amended, as from 1 April 1958, by substituting the words “the provisions of Part 7 of the Summary Proceedings Act 1957, relating to the pro­ tection of Magistrates and” for the words “Division IV of the Justices of the Peace Act 1927 relating to the protection of Justices” by section 213 Summary Proceedings Act 1957 (1957 No 87); but, as the omission of the word “Just­ ices” was an obvious error, that word was reinstated in the 1992 reprint of this Act (Reprinted Statutes Volume 28, p 140).
The word “Judge’s” was substituted, as from 1 April 1980, for the word “Magistrates” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).

Section 119 was substituted, as from 20 May 2004, by section 7 District Courts Amendment Act 2004 (2004 No 42).

120 No privilege to solicitors No privilege shall be allowed to any solicitor to exempt him from the jurisdiction of a Court.
Compare: 1928 No 14 s 35 123 Part 7 s 121 District Courts Act 1947 Reprinted as at 14 September 2007 (2) 121 Constables, etc, to assist (1) All constables shall aid and assist any Court or Judge in the execution of all and any of the duties imposed upon the Court or Judge by this or any other Act; and if any constable neglects or refuses so to do he shall be liable on summary conviction, where no other penalty is provided, to a ﬁne not exceeding $75.
It shall be the duty of the keeper of every prison or lockup on the request of the bailiff or constable to whom a warrant of committal or a writ of arrest has been issued to hold the prisoner or defendant in the custody of the bailiff or constable until the prisoner or defendant may, by the most convenient means of transport, be conducted to the place of imprisonment named in the warrant or brought before the Court named in the writ, as the case may be.
Compare: 1928 No 14 s 199 Subsection (1) was amended, as from 1 May 1981, by section 16 District Courts Amendment Act 1980 (1980 No 83) by substituting the expression “$75” for the expression “$10”.

The word “Judge” in subsection (1) was substituted, as from 1 April 1980, for the word “Magistrate” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).
122 District Courts rules (1) The Governor­General may from time to time, by Order in Council, with the concurrence of the Chief District Court Judge and 2 or more members of the Rules Committee estab­ lished under section 51B of the Judicature Act 1908 of whom at least 1 is a District Court Judge, make rules regulating the practice and procedure of the Court in the exercise of jurisdiction conferred by this Act.
(1A) The Governor­General may from time to time, by Order in Council, make rules regulating the practice and procedure of the Court in relation to the exercise of jurisdiction conferred by other Acts.
The power of making rules shall extend to all matters of prac­ tice or procedure and matters relating to or concerning the ef­ fect or operation in law of any practice or procedure in any case within the cognisance of the Courts as to which rules of (2) 124 Reprinted as at 14 September 2007 District Courts Act 1947 Part 7 s 122 the High Court may be or might lawfully be made for cases within the cognisance of the High Court.
(3) Without prejudice to the generality of the foregoing provisions of this section, the power of making rules shall extend to— (a) Prescribing the manner and the Court in which pro­ ceedings are to be commenced and the procedure to be adopted where proceedings are commenced in one Court which should, under the Act or the rules, have been commenced in another Court: (aa) Applying, with or without modiﬁcations, provisions of (b) (c) the High Court Rules: Prescribing the circumstances in which proceedings may be transferred from one Court to another, and the procedure consequent on any such transfer: Prescribing the procedure in District Courts consequent on transfers of proceedings from the High Court to Dis­ trict Courts, or from District Courts to the High Court: (ca) Prescribing— (i) (ii) The procedure in District Courts in rela­ tion to the removal into the High Court, under section 45A of this Act, of a sum­ mary judgment application or any matter arising in a summary judgment applica­ tion; and The procedure in relation to the removal into the High Court under section 45B of this Act, of a question of law: Prescribing the procedure in District Courts con­ sequent on the removal of judgments of the High Court into District Courts and on the removal of judgments of District Courts into the High Court: Providing for the custody of the records of the Court, and for the receipt of and accounts for all money paid into or out of Court: Authorising the Registrar to hear and determine any proceedings taken under
 this Act (other than proceedings in respect of which a Court has juris­ diction under any of the provisions of sections 29 to 34 of this Act), and any proceedings (including 125 (d) (e) (f) Part 7 s 122 District Courts Act 1947 Reprinted as at 14 September 2007 proceedings in respect of which a Court has jur­ isdiction under any of the provisions of sections 29 to 34 of this Act) in which the defendant fails to appear at the hearing or admits the claim: Prescribing circumstances in which the powers,
 privileges, and duties of the Deputy Registrar of the Court are not the same as the powers, privil­ eges, and duties of the Registrar of the Court: (fa) (g) Prescribing, according to the nature of the proceedings and the amount involved therein, the costs and charges to be paid by one party or the parties in the proceedings to the other party or parties, in addition to the money paid out of pocket: (ga) Prescribing the circumstances in which the Court may appoint an expert witness, and prescribing— (i) The procedure to be followed after the expert wit­ ness is appointed; and The rights of the parties in relation to the evi­ dence given by the expert witness; and (ii) (iii) The manner in which the expert witness is to be remunerated: (h) (i) Prescribing the circumstances in which an order under section 56A or section 56B of this Act can be made: Regulating and providing for any other matters which were regulated or provided for by the District Courts rules in force on the date of the passing of this Act: Regulating or providing for any other matters which im­ mediately prior to the coming into force of this Act were regulated or provided for by the enactments (repealed by this Act) which are referred to in Schedule 2 to this Act: Providing for any other matters in respect of which rules are contemplated or specially authorised by this Act.
(ia) (j) (k) (l) Rules made under this Act shall take effect on or from a day to be ﬁxed in the Order in Council making the same.

Compare: 1928 No 14 ss 3, 16, 18, 69, 81 (4) 126 Reprinted as at 14 September 2007 District Courts Act 1947 Part 7 s 123 Subsection (1) was substituted, and subsection (1A) was inserted, as from 31 August 1999, by section 2(1) District Courts Amendment Act (No 2) 1999 (1999 No 89).
Subsection (3)(a) was amended, as from 1 October 1991, by section 18(1) Dis­ trict Courts Amendment Act 1991 (1991 No 61) by inserting the words “the manner and”.

Subsection (3)(aa) was inserted, as from 1 October 1991, by section 18(2) Dis­ trict Courts Amendment Act 1991 (1991 No 61).

Subsection (3)(ca) was inserted, as from 1 July 1992, by section 8(1) District Courts Amendment Act 1992 (1992 No 17).
Subsection (3)(e) and (f) was substituted, as from 1 October 1991, by section 18(3) District Courts Amendment Act 1991 (1991 No 61).

Subsection (3)(fa) was inserted, as from 1 July 1992, by section 8(2) District Courts Amendment Act 1992 (1992 No 17).

Subsection (3)(ga) was inserted, as from 1 July 1992, by section 8(3) District Courts Amendment Act 1992 (1992 No 17).

Subsection (3)(h) and (i) was repealed, as from 31 August 1999, by section 2(2) District Courts Amendment Act (No 2) 1999 (1999 No 89).
Subsection (3)(ia) was inserted, as from 1 July 1992, by section 8(4) District Courts Amendment Act 1992 (1992 No 17).
123 Regulations (1) (b) (ba) The Governor­General may from time to time, by Order in Council, make regulations for all or any of the following pur­ poses: (a) Prescribing fees payable in respect of proceedings, in­ cluding fees for the service of documents, in the District Court pursuant to this Act or other Acts: Prescribing fees payable to persons giving evidence and to referees and arbitrators in proceedings in the District Court pursuant to this Act or other Acts: in order to promote access to justice, empowering Registrars or Deputy Registrars to waive, reduce, or postpone the payment of a fee required in connection with a proceeding or an intended proceeding (including a proceeding in a Disputes Tribunal), or to refund, in whole or in part, such a fee that has already been paid, if satisﬁed on the basis of criteria speciﬁed under paragraph (bb) that— (i) the person otherwise responsible for payment of the fee is unable to pay or absorb the fee in whole or in part; or 127 Part 7 s 123 District Courts Act 1947 Reprinted as at 14 September 2007 (ii) unless 1 or more of those powers are exercised in respect of a proceeding that concerns a matter of genuine public interest, the proceeding is un­ likely to be commenced or continued: (bb) prescribing, for the purposes of the exercise of a power under paragraph (ba), the criteria— (i) (ii) for assessing a person’s ability to pay a fee; and for identifying proceedings that concern matters of genuine public interest: (bc) empowering Registrars or Deputy Registrars
 to post­ pone the payment of a fee pending the determination of— (i) an application for the exercise of a power speci­ ﬁed in paragraph (ba); or an application for review under section 123A: (ii) (bd) making provision in relation to the postponement, under the regulations, of the payment of any fee, which pro­ vision may (without limitation) include provision— (i) (ii) for the recovery of the fee after the expiry of the period of postponement; and for restrictions to apply (after the expiry of the period of
 postponement and so long as the fee remains unpaid) on the steps that may be taken in the proceedings in respect of which the fee is payable: (be) providing for the manner in which an application for the exercise of a power speciﬁed in paragraph (ba) or para­ graph (bc) is to be made, including, without limitation, requiring such an application to be in a form approved for the purpose by the chief executive of the Department for Courts: Providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.
(c) (2) No fee is payable for an application for the exercise of a power speciﬁed in subsection (1)(ba) or (bc).

Section 123 was substituted, as from 31 August 1999, by section 3 District Courts Amendment Act (No 2) 1999 (1999 No 89).

Subsection (1)(ba) to (be) and subsection (2) were inserted, as from 9 October 2001, by section 4 District Courts Amendment Act 2001.
128 Reprinted as at 14 September 2007 District Courts Act 1947 Part 7 s 124 123A Reviews of decisions of Registrars concerning fees (1) Any person who is aggrieved by a decision of a Registrar or Deputy Registrar under regulations made under section 123(1)(ba) may apply to a Judge for a review of that decision.
(2) An application under subsection (1) may be made within 20 working days after the date on which the applicant is notiﬁed of the decision of the Registrar or Deputy Registrar, or within any further time that the Judge allows on application made for that purpose either before or after the expiration of those 20 working days.

(3) Applications under this section may be made on an informal (4) basis.
Reviews under this section are— (a) conducted by way of rehearing of the matter in respect of which the Registrar or Deputy Registrar made the decision; and dealt with on the papers, unless the Judge directs other­ wise.

(b) (5) On dealing with an application for a review of a decision of a Registrar or Deputy Registrar, the Judge may conﬁrm, modify, or reverse the decision of the Registrar or the Deputy Registrar.

(6) No fee is payable for an application under this section.

Compare: 1991 No 71 s 16.


Section 123A was inserted, as from 9 October 2001, by section 5 District Court Amendment Act 2001.
124 Application of Act Where under any Act any power, authority, or jurisdiction is given to Judges, the proceedings shall be had and determined in a Court in accordance with this Act and the rules unless some other procedure is specially provided or required, and Judges in the exercise of that power, authority, or jurisdiction shall have all the powers given under this Act to Judges and to Courts, but, except as aforesaid or as expressly provided in this Act or the rules, nothing in this Act or the rules shall derogate from or affect the provisions of any other Act conferring any power, authority, or jurisdiction on Judges or on Courts.
129 Part 7 s 125 District Courts Act 1947 Reprinted as at 14 September 2007 The word “Judges” was substituted, as from 1 April 1980, for the words “Stipendiary Magistrate’ Courts” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).

The words “Court” and “Courts” were substituted, as from 1 April 1980, for the words “Magistrate’s Court” and “Magistrates’ Courts” pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).
125 Repeals and savings (1) The enactments mentioned in Schedule 3 to this Act are hereby repealed.
(2) All Courts, jurisdictions, ofﬁces, appointments, Orders in Council, orders, warrants, rules, regulations, seals, forms, books, records, instruments, and generally all acts of authority which originated under any of the said enactments or any enactment thereby repealed, and are subsisting or in force on the coming into operation of this Act, shall enure for the purposes of this Act as fully and effectually as if they had originated under the corresponding provisions of this Act, and accordingly shall, where necessary, be deemed to have so originated.
(3) All actions, matters, and proceedings commenced under any of the said enactments and pending or in progress on the coming into operation of this Act may be continued, completed, and enforced under this Act.

Subsection (4) was repealed, as from 23 November 1962, by section 4(3) Min­ ing Amendment Act 1962 (1962 No 23).

Schedule 1 Section 28 Schedule 1 was repealed, as from 1 April 1958, by section 214(1) Summary Proceedings Act 1957 (1957 No 87).
[Repealed] Schedule 1A Section 28A Schedule 1A was inserted, as from 1 October 1991, by section 20 District Courts Amendment Act 1991 (1991 No 61).

(4) 130 Reprinted as at 14 September 2007 District Courts Act 1947 Schedule 1A 1 Offence Section of Crimes Act 1961 Part 5—Crimes Against Public Order 80...................... Oath to commit offence 82...................... Seditious conspiracy 83...................... Seditious statements 84......................
Publication of seditious documents 85...................... Use of apparatus for making seditious documents or statements 90...................... Riotous damage Part 6—Crimes Affecting the Administration of Law and Justice 104....................

Corruption and bribery of law enforcement ofﬁcer 105....................

Corruption and bribery of ofﬁcial 105A.................
Corrupt use of ofﬁcial information 105B Use or disclosure of personal information disclosed in breach of section 105A 109.................... Perjury 113 ....................

Fabricating evidence 115 ....................

Conspiring to bring false accusation 116 ....................
Conspiring to defeat justice 117 .................... Corrupting juries and witnesses Part 7—Crimes against Religion, Morality, and Public Welfare 131 Schedule 1A District Courts Act 1947 Reprinted as at 14 September 2007 1—continued Offence Section of Crimes Act 1961 123.................... Blasphemous libel 142.................... 142A.................
Compelling indecent act with animal 143.................... Bestiality Part 8—Crimes Against the Person 197.................... Disabling 204....................

Impeding rescue Part 9—Crimes Against Reputation 215.................... Criminal libel 216.................... Criminal slander Part 10—crimes against rights of property 232....................

Aggravated burglary 235(1)(b) ..........

Aggravated robbery 236(1)(c)...........

Assault with intent to rob 239(1) ...............


Demanding with intent to steal 267....................

Arson 269....................

Intentional damage Part 1 of this Schedule was amended, as from 1 September 1993, by section 5(2) Crimes Amendment Act 1993 (1993 No 46) by inserting the item relating to s 105B of the Crimes Act 1961.
Part 1 was amended, as from 1 October 2003, by section 34 Crimes Amendment Act 2003 (2003 No 39) by substituting the heading and all the items under the heading re­ lating to Part 10 of the Crimes Act 1961.

132 Reprinted as at 14 September 2007 District Courts Act 1947 Schedule 1A 1—continued The item relating to section 142 of the Crimes Act 1961 was repealed, as from 20 May 2005, by section 10 Crimes Amendment Act 2005 (2005 No 41).
2 Part A. Offences against the Crimes Act 1961 Section of Act Offence Part 7—Crimes Against Religion, Morality, and Public Welfare 128B 129(1) 129(2) Sexual violation Attempted sexual violation Assault with intent to commit sexual violation 132(1) ............

Sexual connection with child under 12 132(2) 132(3) Attempted sexual connection with child under 12 Indecent act on child under 12 144A..............
Sexual conduct with children outside New Zealand 144C .............. Organising or promoting child sex tours Part 8—Crimes Against the Person 188................. Wounding with intent 191.................

Aggravated wounding or injury 198................. Discharging ﬁrearm or doing dangerous act with intent 198A(1) .........

Using ﬁrearm against law enforcement ofﬁcer 133 Schedule 1A District Courts Act 1947 Reprinted as at 14 September 2007 2—continued Section of Act Offence 199.................
Acid throwing 200(1) ............

Poisoning with intent 201................. Infecting with disease 203(1) ............

Endangering transport 208................. Abduction for purposes of marriage or sexual connection 209................. Kidnapping Part 10—Crimes against rights of property 235(1)(a) and (c) .................. 236(1)(a) and (b) ..................
Aggravated robbery Assault with intent to rob Part 2 was amended, as from 1 September 1995, by section 9 Crimes Amendment Act 1995 (1995 No 49) by inserting the items relating to ss 144A and 144C of the Crimes Act 1961.

Part 2 was amended, as from 1 October 2003, by section 34 Crimes Amendment Act 2003 (2003 No 39) by substituting the heading and all the items under the heading re­ lating to Part 10 of the Crimes Act 1961.
Part 2 was amended, as from 20 May 2005, by section 10 Crimes Amendment Act 2005 (2005 No 41) by substituting the items relating to ss 128 to 132(1) of the Crimes Act 1961.

Part 2 was amended, as from 20 May 2005, by section 10 Crimes Amendment Act 2005 (2005 No 41) by substituting the items relating to s 208 of the Crimes Act 1961.

Part AB.
Part AB.

Offences against the Prostitution Reform Act 2003 Section of Act Offence Inducing or compelling persons to provide commercial sexual services or earnings from prostitution 16 134 Reprinted as at 14 September 2007 District Courts Act 1947 Schedule 2 2—continued Part AB was inserted, as from 28 June 2003, by section 50(1) Prostitution Reform Act 2003 (2003 No 28).

See section 51 of that Act as to the transitional provisions for past offences.
Part B. Offences against the Misuse of Drugs Act 1975 Section of Act Offence 6.....................

Dealing with controlled drugs, but only where the charge relates to a class B controlled drug 12C Commission of offences outside New Zealand, other than offences against subsection (1)(a).

Part B was amended, as from 12 May 1998, by section 13 Misuse of Drugs Amendment Act 1998 (1998 No 14) by inserting the item relating to s 12C.
Part C. Offences against the Securities Act 1978 Section of Act Offence 58................... Mis­statement in advertisement or registered prospectus Schedule 2 Enactments (repealed by this Act) formerly regulating or providing for matters which can be regulated or provided for by rules Section 122(3)(k) • • The Magistrates’ Courts Act 1928: Sections 4, 34, 41, 45, 46, 49 to 52, 55, 57 to 66, 68, 70 to 80, 82 to 88, 91, 92, 94 to 98, 101 to 115, 118, 120, 122, 123(2), 127, 129(b) and (c), 132, 133, 139 to 141, 144, 146 to 150, 159 to 161, 172 to 174, 176(4), 177, 179, 180(3), 184(2), 185, and 198, and the proviso to section 116.
The Statutes Amendment Act 1936: Sections 49 to 52.

135 Schedule 3 District Courts Act 1947 Reprinted as at 14 September 2007 • The Statutes Amendment Act 1938: Section 36.

Schedule 3 Enactments repealed Section 125 1927, No 37—The Justices of the Peace Act 1927: Subsections (1) and (2) of section 74 and Schedule 2 (1931 Reprint, Vol II, pp 372, 491.

1928, No 14—The Magistrate’s Court Act 1928: (Ibid, p 98) 1930, No 16—The Magistrate’s Court Amendment Act 1930: (Ibid, p 167).
1936, No 58—The Statutes Amendment Act 1936: Sections 49 to 52.

1938, No 20—The Statutes Amendment Act 1938: Sections 35 to 38.

1945, No 45—The Finance Act (No 2) 1945: Section 42.

136