District Court Act 2016

1: Title
This Act is the District Court Act 2016.
2: Commencement
1: This Act comes into force on 1 March 2017.
2: Subsection (1) applies with the following exceptions:
a: the following provisions come into force on the day after the date of Royal assent:
i: sections 236 237
ii: Schedule 1
b: section 240(2) 1 January 2018 Preliminary provisions
3: Purposes
The purposes of this Act are—
a: to reconstitute District Courts as a single court with divisions for a Family Court, a Youth Court, and a Disputes Tribunal; and
b: to provide for—
i: the constitution and jurisdiction of the court; and
ii: the practice and procedure of the court; and
iii: the selection, appointment, removal, and conditions of the judicial and other officers of the court; and
c: to make provision for any other related matters; and
d: to improve the transparency of court arrangements in a manner consistent with judicial independence.
4: Interpretation
In this Act, unless the context otherwise requires,— acting Judge section 31(1) authenticate
a: in relation to a document other than a document under Part 10
i: sign and date the document; or
ii: in the case of a document in electronic form, use any electronic means that adequately identifies the person responsible for its content and the date of authentication; or
b: in relation to a document under Part 10
c: in relation to a warrant, authenticate in the manner provided in paragraph (a) or (b) or by a Registrar entering the particulars of the warrant into a computer system accessible to a constable or a bailiff bailiff section 66 Chief District Court Judge section 24(1) chief executive Community Magistrate section 39(1) constable section 4 court section 7 District Court Judge Judge section 11(1) document
a: means a document in any form (including, without limitation, a document in an electronic form); and
b: includes, without limitation, any of the following:
i: any writing on any material:
ii: information recorded or stored by means of a tape recorder, computer, or other device:
iii: material subsequently derived from information recorded or stored in the manner described in subparagraph (ii):
iv: a label, a marking, or any other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means:
v: a book, map, plan, graph, or drawing:
vi: a photograph, film, negative, tape, or device in which 1 or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced electronic financial assessment hearing section 148 149 financial statement section 145(1) freezing order judicial officer Justice section 2 landlord lawyer section 6 Minister officer of the court Public Service Act 2020 part-time Judge section 30(1) permanent Judge Police employee section 4 prescribed section 230 principal Judge proceeding Registrar section 62 rules section 228 search order working day
a: a Saturday, a Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, Te Rā Aro ki a Matariki/Matariki Observance Day,
b: the day observed as the anniversary day of the former province in which the relevant office of the court is located; or
c: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; or
d: a day in the period commencing on 25 December in a year and ending on 15 January in the following year. 1947 No 16 s 2 Section 4 officer of the court amended 7 August 2020 section 135 Public Service Act 2020 Section 4 prescribed rate repealed 1 January 2018 section 29 Interest on Money Claims Act 2016 Section 4 working day amended 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022
4A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 4A inserted 1 December 2022 section 11 Remuneration Authority Legislation Act 2022
5: Act binds the Crown
This Act binds the Crown.
6: Application of this Act
Schedule 3
1: Establishment of District Court
7: District Court
1: This Act establishes the District Court of New Zealand (the court
2: The court consists of—
a: the Chief District Court Judge; and
b: the Principal Family Court Judge and the Principal Youth Court Judge; and
c: the other District Court Judges.
3: The court has civil and criminal jurisdiction and is a court of record.
4: The court is a single court that replaces the District Courts that were continued by the District Courts Act 1947
5: On and after the coming into force of this Act,—
a: a District Court in existence immediately before the coming into force of this Act is part of the court:
b: any act or thing that was done in relation to a proceeding commenced in a District Court before the coming into force of this Act is to be treated as having been done in the court sitting in the same place as that District Court:
c: any act or thing that could have been done in relation to a proceeding commenced in a District Court before the coming into force of this Act must be done in relation to the proceeding in the court sitting in the same place as that District Court.
6: In subsection (5), District Court 1947 No 16 s 3(1)
8: Seal
The court must have a seal, and each Registrar of the court is responsible for the seal. 1947 No 16 s 3(2) Divisions of court
9: Divisions of court
The court has the following divisions:
a: a general division, to exercise the ordinary civil and criminal jurisdiction of the court, including common law and equitable jurisdiction and admiralty jurisdiction:
b: a division known as the Family Court, to exercise the jurisdiction conferred by section 11
c: a division known as the Youth Court, to exercise the jurisdiction conferred by section 272 Oranga Tamariki Act 1989
d: a division known as the Disputes Tribunal, to exercise the jurisdiction conferred by section 10 1947 No 16 s 9(4) Section 9(c) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Court offices
10: Court offices
1: The Governor-General may, by notice in the Gazette
a: declare that an office of the court is established at or for a place; and
b: specify the date on and after which the office of the court is established.
2: An office of the court may be housed in more than 1 building and, if it is established for a place, need not be physically established at that place or at all.
3: The Governor-General may, by notice in the Gazette
4: The following provisions apply on the abolition of an office of the court (the abolished office
a: the Minister may direct that the documents and records in the abolished office must be transferred to another office of the court (the substituted office
b: when delivered to the Registrar of the substituted office, the documents and records become subject to the custody of that Registrar:
c: the Registrar of the substituted office may do anything that could under an enactment or a rule have been done by the Registrar of the abolished office:
d: a step in a proceeding that could, under an enactment or a rule, have been taken in the abolished office may be taken in the substituted office:
e: an act or a thing required or authorised by an enactment or a rule to be done by a person at the abolished office in relation to a proceeding or transaction or document may be done by a person at the substituted office:
f: an address for service given by a party in relation to a proceeding in the abolished office continues to be the address for service of the party, but, if the address does not comply with any enactment or rule, the party must give a new address for service on first filing a document in the proceeding in the substituted office:
g: a Judge may—
i: decide a question as to the application of this section or the procedure to be followed; and
ii: make an order that the Judge thinks fit.
5: The Governor-General may from time to time appoint cities, towns, or other places in which courts may be held for the exercise of jurisdiction to conduct jury trials in accordance with the Criminal Procedure Act 2011
2: Judges
Appointment of Judges
11: Appointment of Judge
1: The Governor-General may, on the advice of the Attorney-General, appoint a Judge.
2: The Governor-General appoints a Judge by a signed warrant of appointment.
3: The Attorney-General must publish information explaining his or her process for—
a: seeking expressions of interest for the appointment of Judges; and
b: nominating persons for appointment as a Judge.
12: Maximum number of Judges
1: The maximum number of Judges is 182
2: For the purposes of subsection (1),—
a: a Judge who is acting on a full-time basis counts as 1:
b: a Judge who is acting on a part-time basis counts as an appropriate fraction of 1:
c: the aggregate number (for example, 181.5 1947 No 16 s 5(2), (2A) Section 12(1) amended 6 June 2019 section 4 District Court (District Court Judges) Amendment Act 2019 Section 12(2)﻿(c) amended 6 June 2019 section 5 District Court (District Court Judges) Amendment Act 2019
13: Appointment of Judge to sit in other jurisdiction or division of court
1: A Judge may be appointed to sit in another jurisdiction or division of the court by—
a: warrant of the Governor-General; or
b: designation by the Chief District Court Judge; or
c: other prescribed means.
2: An appointment under subsection (1)﻿(a) or (b) is subject to the procedure prescribed (if any) in any enactment for the issue of the warrant or the making of the designation.
14: Appointment of jury trial Judges
1: The Governor-General must by warrant appoint sufficient Judges to exercise the criminal jurisdiction of the court in relation to jury trials under the Criminal Procedure Act 2011
2: The fact that a Judge is appointed under this section does not limit or affect the power of that Judge to exercise any other jurisdiction of the court or the powers of a Judge. 1947 No 16 s 5B
15: Who is eligible for appointment as Judge
1: A person may be appointed as a Judge if—
a: that person has for at least 7 years held a New Zealand practising certificate as a barrister or as a barrister and solicitor; or
b: that person—
i: holds a degree in law granted or issued by any university within New Zealand; and
ii: has been admitted as a barrister and solicitor of the High Court; and
iii: has held a practising certificate in a jurisdiction specified by Order in Council—
A: for at least 7 years; or
B: for a lesser number of years, but, when that number of years is added to the number of years that the person has held a New Zealand practising certificate, the total number of years is at least 7 years.
2: An order under subsection (1)﻿(b)﻿(iii) is secondary legislation ( see Part 3 1947 No 16 s 5 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 15(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
16: Tenure of Judges
1: A Judge is appointed as a permanent Judge and holds office until he or she resigns, retires, or is removed.
2: The terms and conditions of the appointment of a Judge may be changed only with the consent of the Judge. 1947 No 16 s 5AA(7)
17: Restrictions on Judges
1: A Judge must not practise as a lawyer.
2: A Judge must not undertake any other paid employment or hold any other office (whether paid or not) without the approval of the Chief District Court Judge.
3: However, subsection (2) does not apply to another office if an enactment permits or requires the office to be held by a Judge.
4: The Chief District Court Judge may approve other employment or any other office only if he or she is satisfied that the other employment or office is consistent with judicial office. 1947 No 16 s 5(4), (5)
18: Protocol relating to activities of Judges
1: The Chief Justice must develop and publish a protocol containing guidance on—
a: the employment, or types of employment, that he or she considers may be undertaken consistent with being a Judge; and
b: the offices, or types of offices, that he or she considers may be held consistent with being a Judge.
2: The protocol required by subsection (1) must be prepared in consultation with the Chief District Court Judge. Powers of Judges
19: Powers of Judges
1: A Judge has the power—
a: to exercise the civil and criminal jurisdiction of the court in accordance with his or her warrant of appointment; and
b: if applicable, to exercise the jurisdiction conferred by a warrant to sit in the Family Court or to conduct jury trials, or conferred by a designation to sit in the Youth Court.
2: A Judge exercises the jurisdiction of the court by—
a: hearing and determining proceedings in the court; and
b: exercising the powers conferred by this Act or any other enactment on the court or Judges of the court.
3: Nothing in subsection (1) limits section 436 Oranga Tamariki Act 1989 1947 No 16 s 58 Section 19(3) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
20: Exercise of jurisdiction
The jurisdiction of the court may be exercised by—
a: a Judge; or
b: if authorised by this Act or any other Act or by the rules, a Registrar or any person authorised to carry out the functions of a Registrar. 1947 No 16 s 40
21: Additional powers of Judges
1: A Judge has the same powers and may make the same orders in relation to a proceeding pending before the court as a Judge of the High Court in chambers in a similar proceeding.
2: Despite subsection (1), an interim injunction restraining a party to a proceeding (whether domiciled, resident, or present in New Zealand) from removing from New Zealand, or otherwise dealing with, assets in New Zealand is the only interlocutory injunction in the nature of a freezing order that a Judge may grant.
3: A Judge has no power to make a search order.
4: Subsection (3) does not limit the power of a Judge to make an order for the detention, custody, or preservation of property. 1947 No 16 s 42
22: Other functions of Judges
A Judge, by virtue of his or her appointment as a Judge,—
a: is also a coroner for New Zealand; and
b: is also a Justice of the Peace for New Zealand; and
c: although sitting alone, has the powers, functions, and discretions that must be exercised by 2 Justices sitting together; and
d: has the power to do alone whatever is authorised by any enactment to be done by 2 Justices together. 1947 No 16 s 8
23: Immunity of Judges
A Judge has the same immunities as a High Court Judge. 1947 No 16 s 119 Chief District Court Judge
24: Chief District Court Judge
1: There must be a Chief District Court Judge appointed by the Governor-General on the advice of the Attorney-General.
2: The Chief District Court Judge is head of the court.
3: The Chief District Court Judge must ensure the orderly and efficient conduct of the court’s business and, for that purpose, may, among other things,—
a: determine the sessions of the court; and
b: assign Judges to those sessions; and
c: assign Judges to particular divisions or jurisdictions; and
d: assign Judges to the hearing of cases and other duties; and
e: determine the places and schedules of sessions for individual Judges (including varying the places and schedules of sessions for Judges from time to time); and
f: manage the workload of individual Judges; and
g: delegate administrative duties to individual Judges; and
h: oversee and promote the professional development, continuing education, and training of Judges; and
i: make directions and set standards for best practice and procedure in the court.
4: The Chief District Court Judge, in assigning a Judge to the Family Court or the Youth Court, may give directions in relation to the Family Court or the Youth Court, as the case may be, but must first consult the principal Judge of the court in question.
5: The fact that a Judge sits in any particular court is conclusive evidence of his or her authority so to do, and no exercise of any jurisdiction or power by a Judge may be questioned on the ground that he or she was not authorised to sit in the court where the jurisdiction or power was so exercised.
6: The reference in subsections (3) and (5) to jurisdiction
a: the ordinary civil and criminal jurisdiction of the District Court, including common law and equitable jurisdiction and admiralty jurisdiction:
b: the specialist jurisdiction of the District Court by virtue of the constitution of the Family Court and the Youth Court as divisions of the District Court.
7: 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. 1947 No 16 ss 5A 9
25: Tenure of Chief District Court Judge
The Chief District Court Judge holds office until he or she—
a: resigns from that office; or
b: ceases to hold office as a Judge. 1947 No 16 s 5A(2)
26: Acting Chief District Court Judge
1: The Chief District Court Judge may, with the concurrence of the Chief Justice, nominate a Judge to act in place of the Chief District Court Judge for any period during which—
a: the office of the Chief District Court Judge is vacant; or
b: the Chief District Court Judge is absent from New Zealand; or
c: the Chief District Court Judge is unable for any reason (including illness) to perform the duties of the office.
2: The Chief Justice may nominate a Judge to act in place of the Chief District Court Judge for any period during which the Chief District Court Judge is unable for any reason (including illness) to perform the duties of the office.
3: For the period of his or her appointment, the Acting Chief District Court Judge is empowered to perform the functions and duties, and to exercise all the powers, of the office of Chief District Court Judge. 1947 No 16 s 5A(4) Resignation, retirement, and removal
27: Resignation
A Judge may resign from office at any time by written notice to the Attorney-General.
28: Retirement
1: A Judge must retire from office on reaching the age of 70 years.
2: This section does not apply to an acting Judge.
29: Removal
1: The Governor-General may, on the advice of the Attorney-General, remove a Judge from office on the grounds of inability or misbehaviour.
2: To avoid doubt, a Judge may be removed under subsection (1) for inability or misbehaviour related to the exercise, contemplated by section 22(a) Coroners Act 2006
3: The removal of a Judge may be initiated in accordance with sections 33 34
4: A Judge may not be removed from office except under this section. 1947 No 16 s 7(1), (1A) Part-time Judges
30: Attorney-General may authorise permanent Judge to sit part-time
1: The Attorney-General may, on application by a permanent Judge, authorise the Judge to sit on a part-time basis for a specified period.
2: The Attorney-General must not authorise a Judge to sit part-time unless the Chief District Court Judge agrees and, in considering whether to agree, the Chief District Court Judge must have regard to the need to ensure the orderly and efficient conduct of the court’s business.
3: In the case of an Environment Judge, the Chief District Court Judge must first consult the Chief Environment Court Judge
4: The Attorney-General may authorise a Judge to sit part-time with effect from—
a: the date on which the Judge takes up office; or
b: any other date.
5: The Attorney-General may authorise a Judge to sit part-time for a specified period on more than 1 occasion. Section 30(3) amended 1 July 2020 section 109 Resource Management Amendment Act 2020 Acting Judges
31: Appointment of acting Judges
1: The Governor-General may, on the advice of the Attorney-General, appoint 1 or more acting Judges.
2: Only a former Judge under the age of 75 years is eligible for appointment as an acting Judge.
3: Before advising the Governor-General to make an appointment under subsection (1), the Attorney-General must have received a certificate signed by the Chief District Court Judge certifying that the appointment is necessary for the proper conduct of the court.
4: Despite section 435 Oranga Tamariki Act 1989
5: In this section, former Judge Section 31(4) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
32: Term of appointment of acting Judge
1: An acting Judge may be appointed for a term of not more than 2 years and may be reappointed for 1 or more terms.
2: However, an acting Judge must not be appointed—
a: for a term that extends beyond the date on which the Judge reaches the age of 75 years; or
b: for multiple terms collectively totalling more than 5 years.
33: Acting Judge must be authorised to act
1: An acting Judge may act only to the extent that he or she is authorised to do so by the Chief District Court Judge under subsection (2).
2: The Chief District Court Judge may authorise an acting Judge to act—
a: during 1 or more specified periods; and
b: in 1 or more specified places.
3: An acting Judge, while acting as authorised by the Chief District Court Judge, has the jurisdiction, powers, protections, privileges, and immunities of a Judge. 1947 No 16 s 10A(3), (4) Remuneration
34: Remuneration of Judges
1: A Judge must be paid, out of public money, without further appropriation than this section,—
a: a salary at the rate determined by the Remuneration Authority; and
b: allowances (if any) as determined by the Remuneration Authority; and
c: any additional allowances, such as travelling allowances or other incidental or minor allowances, as the Governor-General determines.
2: In this section, Judge
a: the Chief District Court Judge:
b: each principal Judge:
c: the Principal Environment Judge:
d: each permanent Judge (including each permanent Judge authorised to sit on a part-time basis):
e: each acting Judge. Section 34 replaced 1 July 2020 section 47 Statutes Amendment Act 2019
35: Salary and allowances of part-time or acting Judge
1: The salary and allowances of a part-time Judge must be calculated and paid as a pro rata proportion of the salary and allowances of a full-time Judge.
2: For the period that an acting Judge acts as authorised under section 33 section 34(1)﻿(a) and (c) 1947 No 16 s 6(2A) Section 35 heading replaced 1 July 2020 section 48(1) Statutes Amendment Act 2019 Section 35(2) amended 1 July 2020 section 48(2) Statutes Amendment Act 2019
36: Superannuation of acting Judges
1: A superannuation subsidy must not be paid to a person who is appointed as an acting Judge under section 31
2: Subsection (1) does not apply to a compulsory employer contribution within the meaning of section 101A
37: Reduction in remuneration of Chief District Court Judge or principal Judge
1: This section applies if the Chief District Court Judge or a principal Judge ceases to hold the position of Chief District Court Judge or principal Judge but continues to hold office as a Judge.
2: The salary and allowances of the Judge must be reduced by the amount of any salary and allowances that the Judge received solely by virtue of being the Chief District Court Judge or a principal Judge. 1947 No 16 s 6(2B)
38: Judge's remuneration must not be reduced
1: The remuneration payable to a Judge must not be reduced while the Judge holds office.
2: For the purposes of subsection (1), none of the following is a diminution of remuneration:
a: the payment of salary on a pro rata basis under section 35
b: the payment of reduced salary and allowances under section 37 1947 No 16 s 6(2), (2C)
3: Community Magistrates
Community Magistrates
39: Appointment of Community Magistrate
1: The Governor-General may, on the advice of the Minister, appoint a Community Magistrate.
2: Before advising the Governor-General, the Minister may consult any persons that the Minister considers appropriate. 1947 No 16 s 11A(1), (3)
40: Who is eligible for appointment as Community Magistrate
A person may be appointed as a Community Magistrate if he or she—
a: is capable, because of his or her personal qualities, experience, and skills, of performing the functions of a Community Magistrate; and
b: has been designated under the prescribed selection process as a person eligible for appointment as a Community Magistrate. 1947 No 16 s 11A(2)
41: Functions and powers of Community Magistrate
1: A Community Magistrate must carry out the functions of, and may exercise the powers conferred on, Community Magistrates by the Criminal Procedure Act 2011 Summary Offences Act 1981
2: Each Community Magistrate must sit in the court and at the times that the Chief District Court Judge directs after consulting—
a: the Chief Community Magistrate; or
b: if there is no Chief Community Magistrate, any other Community Magistrate as the Chief District Court Judge thinks fit.
3: The fact that a Community Magistrate sits in the court is conclusive evidence of his or her authority to do so. 1947 No 16 s 11C
42: Tenure of Community Magistrate
A Community Magistrate holds office until he or she resigns, retires, or is removed.
43: Retirement, resignation, and removal
1: A Community Magistrate must retire from office on reaching the age of 70 years.
2: A Community Magistrate may resign from office at any time by written notice to the Minister.
3: The Governor-General may, on the advice of the Minister, remove a Community Magistrate from office if any of the following grounds for removal is proved to the satisfaction of the Governor-General:
a: neglect of duty:
b: inability:
c: disability affecting performance of duty:
d: bankruptcy:
e: misconduct. 1947 No 16 s 11F
44: Remuneration of Community Magistrate must not be reduced
The remuneration payable to a Community Magistrate must not be reduced while the Community Magistrate holds office. 1947 No 16 s 11G(3)
45: Restrictions on Community Magistrates
A Community Magistrate must not—
a: hold any office or engage in any employment or occupation that will, in the opinion of the Governor-General, impair the proper discharge of his or her functions as a Community Magistrate; or
b: be a lawyer; or
c: be a Police employee; or
d: be employed by the Ministry of Justice or the Department of Corrections; or
e: be an officer of the High Court or of the District Court; or
f: be a party to a prison management contract entered into under section 198(1) section 166
g: be a security officer as defined in section 3(1)
h: be a social worker as defined in section 2(1) Oranga Tamariki Act 1989 1947 No 16 s 11B Section 45(h) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Immunity for Community Magistrates
46: No proceeding against Community Magistrate unless he or she acted without jurisdiction
1: No proceeding may be commenced against any Community Magistrate for any act done by him or her unless he or she has exceeded his or her jurisdiction or has acted without jurisdiction.
2: If a warrant to seize property or a warrant of commitment is granted by a Community Magistrate in good faith in reliance on a conviction or an order entered or made by a Justice or Community Magistrate, no proceeding may be commenced against the Community Magistrate who granted the warrant by reason of any defect in the conviction or order, or by reason of any want of jurisdiction in the Justice or Community Magistrate who entered or made it. 1947 No 16 s 11CA
47: No proceeding against Community Magistrate to be commenced in District Court
No proceeding against any Community Magistrate by any person claiming to have been injured by an act done by the Community Magistrate in excess of jurisdiction or without jurisdiction may be commenced in the District Court. 1947 No 16 s 11CB
48: Onus of proof
In any proceeding commenced against a Community Magistrate by a person claiming to have been injured by an act done by the Community Magistrate in excess of jurisdiction or without jurisdiction, the onus of proving the excess or want of jurisdiction lies on the person alleging it. 1947 No 16 s 11CC
49: Plaintiff may be ordered to give security for costs
1: This section applies to any proceeding commenced against a Community Magistrate by a person claiming to have been injured by an act done by the Community Magistrate in excess of jurisdiction or without jurisdiction.
2: The High Court or any Judge of that court, on application by the Community Magistrate at any time before the day fixed for the trial of the proceeding, may order the plaintiff to give security for the costs of the proceeding to the satisfaction of the Registrar of the High Court in an amount not exceeding $2,000.
3: If security is ordered to be given, the High Court or Judge may direct that in the meantime all proceedings are stayed. 1947 No 16 s 11CD
50: Indemnity to Community Magistrate
1: Subsection (2) applies to any Community Magistrate against whom a judgment has been entered to pay damages or costs to any person injured as a result of any act done by the Community Magistrate in excess of jurisdiction or without jurisdiction.
2: The Community Magistrate must be indemnified by the Crown to the full amount of the judgment if he or she produces a certificate authenticated by a Judge of the High Court stating that, in the Judge's opinion,—
a: the Community Magistrate acted in good faith under the belief that he or she had in fact jurisdiction; and
b: in all the circumstances the Community Magistrate ought fairly and reasonably to be excused.
3: Subsections (4) and (5) apply if a Community Magistrate settles a claim against him or her by paying or agreeing to pay an agreed amount of damages or costs before proceedings are commenced, or before or during the trial of the proceeding.
4: The Community Magistrate must be indemnified by the Crown to the full amount of the amount paid or agreed to be paid if he or she produces a certificate authenticated by a Judge of the High Court stating that, in the Judge's opinion,—
a: the Community Magistrate acted in good faith under the belief that he or she had in fact jurisdiction; and
b: in all the circumstances the Community Magistrate ought fairly and reasonably to be excused; and
c: the amount paid or agreed to be paid was fair and reasonable.
5: If the High Court Judge is not satisfied of the matter in subsection (4)﻿(c), the Judge may issue the certificate in respect of any lesser amount that in the Judge's opinion is adequate to settle the plaintiff's claim, and in that case the Community Magistrate must be indemnified by the Crown to the amount specified in the certificate.
6: Application for a certificate under any of subsections (2), (4), and (5) may be made by a Community Magistrate at any time to a Judge in chambers, and the Judge has power to grant the certificate after considering all evidence that is given before him or her either orally or in the form of affidavits.
7: A copy of the application must be served by the Community Magistrate on the Attorney-General, who is entitled to appear and oppose it. 1947 No 16 s 11CE Chief Community Magistrate
51: Chief Community Magistrate
There may be a Chief Community Magistrate.
52: Appointment of Chief Community Magistrate
1: The Governor-General may, on the advice of the Minister, appoint the Chief Community Magistrate.
2: Regulations made under this Act may prescribe the criteria and procedure for the appointment of the Chief Community Magistrate, but the absence of those regulations does not preclude an appointment. 1947 No 16 s 11D(1), (3)
53: Who is eligible for appointment as Chief Community Magistrate
A person may be appointed as Chief Community Magistrate if he or she has held a practising certificate as a lawyer for at least 5 years. 1947 No 16 s 11D(2)
54: Tenure of Chief Community Magistrate
1: The Chief Community Magistrate holds office for as long as he or she holds office as a Community Magistrate.
2: The Chief Community Magistrate may resign from that office without resigning from the office of Community Magistrate, but only with the approval of the Governor-General. 1947 No 16 s 11D(4), (5)
55: Functions of Chief Community Magistrate
1: The functions of the Chief Community Magistrate include—
a: taking appropriate steps to ensure that the integrity of the office of Community Magistrate is maintained and that Community Magistrates operate effectively and efficiently within the framework of the District Court:
b: the other functions conferred on the Chief Community Magistrate by regulations made under this Act or by any other enactment.
2: Without limiting subsection (1), the Chief Community Magistrate—
a: may sit as a Community Magistrate and exercise the jurisdiction of a Community Magistrate:
b: must be consulted by the Chief District Court Judge, in accordance with section 41(2)
c: may be involved in the design and implementation of training programmes for Community Magistrates in consultation with the Ministry of Justice and the Chief District Court Judge:
d: may, where appropriate, liaise with interested persons on matters affecting the office of Community Magistrate. 1947 No 16 s 11E
56: Acting Chief Community Magistrate
1: The Governor-General may, on the advice of the Minister, appoint a Community Magistrate to act in place of the Chief Community Magistrate for any period during which—
a: the office of the Chief Community Magistrate is vacant; or
b: the Chief Community Magistrate is absent from New Zealand; or
c: the Chief Community Magistrate is unable for any reason (including illness) to perform the duties of the office.
2: For the period of his or her appointment, the Acting Chief Community Magistrate is empowered to perform the functions and duties, and to exercise all the powers, of the office of Chief Community Magistrate. 1947 No 16 s 11D(6) Acting Community Magistrates
57: Appointment of acting Community Magistrates
1: The Governor-General, on the advice of the Minister, may appoint an acting Community Magistrate.
2: Only a former Community Magistrate is eligible for appointment as an acting Community Magistrate.
3: In this section, former Community Magistrate 1947 No 16 s 11H(1)
58: Term of appointment of acting Community Magistrate
1: An acting Community Magistrate may be appointed for a term of not more than 2 years and may be reappointed for 1 or more further terms.
2: However, an acting Community Magistrate must not be appointed for a term that extends beyond the date on which the acting Community Magistrate reaches the age of 73 years. 1947 No 16 s 11H(2)
59: Acting Community Magistrate must be authorised to act
1: An acting Community Magistrate may act only to the extent that he or she is authorised to do so by the Chief District Court Judge.
2: Before authorising an acting Community Magistrate, the Chief District Court Judge must consult the Chief Community Magistrate or, if there is no Chief Community Magistrate, any other Community Magistrate that the Chief District Court Judge thinks appropriate.
3: The Chief District Court Judge may authorise an acting Community Magistrate to act—
a: during 1 or more specified periods; and
b: in 1 or more specified places.
4: An acting Community Magistrate, while acting as authorised by the Chief District Court Judge, has the jurisdiction, powers, protections, privileges, and immunities of a Community Magistrate. 1947 No 16 s 11H(3), (5) Remuneration
60: Remuneration of Chief Community Magistrate and Community Magistrates
1: The Chief Community Magistrate and each Community Magistrate must be paid, out of public money, without further appropriation than this section,—
a: a salary, or a fee, or an allowance, at the rate determined by the Remuneration Authority; and
b: any additional allowances, such as travelling allowances or other incidental or minor allowances, as determined by the Governor-General by Order in Council.
2: An Order in Council made under subsection (1)﻿(b), or a provision of any such order, may be made so as to come into force on a specified date that is—
a: the date on which the order is made; or
b: any other date, whether that date is before or after the date on which the order is made.
3: If no date is specified under subsection (2), the order or provision comes into force on the date on which the order is made.
4: An order under subsection (1)﻿(b) is secondary legislation ( see Part 3 1947 No 16 s 11G(2) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It is not disallowable because an exemption applies under Schedule 3 LA19 s 115(d) Sch 3 This note is not part of the Act. Section 60 replaced 1 December 2022 section 12 Remuneration Authority Legislation Act 2022
61: Remuneration of acting Chief Community Magistrate and acting Community Magistrates
1: For the period during which an acting Chief Community Magistrate acts as authorised under section 56 section 60(1)
2: For the period during which an acting Community Magistrate acts as authorised under section 59 section 60(1) 1947 No 16 s 11H(4) Section 61 replaced 1 December 2022 section 12 Remuneration Authority Legislation Act 2022 Registrars, bailiffs, and other officers of court
62: Appointment of Registrars, Deputy Registrars, and other officers of court
1: Registrars, Deputy Registrars, and other officers of the court (other than bailiffs) may be appointed under the Public Service Act 2020
2: In any case where a Registrar or Deputy Registrar has died or is prevented by illness or other cause from acting in his or her office, a Judge may appoint a Deputy Registrar to act for such period as the Judge thinks fit, and a Judge may at any time terminate that person's appointment. 1947 No 16 ss 12(1) 14(1), (2) Section 62(1) amended 7 August 2020 section 135 Public Service Act 2020
63: Powers of Registrars and Deputy Registrars
1: A Registrar has the duties and powers—
a: conferred by this Act, any other enactment, or the rules:
b: necessary or desirable to ensure the efficient and effective administration of the operations of the court.
2: A Deputy Registrar has and may perform and exercise the same duties and powers as a Registrar.
3: Subsection (2) is subject to any provision to the contrary in the rules. 1947 No 16 ss 12 14(1A)
64: Registrar must hold record of proceedings
1: The Registrar must hold such records of, and in relation to, proceedings as the chief executive requires.
2: If the existence of the record of the court is in dispute, the existence of the record must be determined by the court. 1947 No 16 s 13(1), (3)
65: Admissibility of document required to be held by Registrar
1: This section applies to—
a: a document or part of a document required by the rules to be held by a Registrar; and
b: a copy of or an extract from the document or part of the document that has been sealed with the seal of the court and authenticated and certified by a Registrar as a true copy or correct extract.
2: A document or part of a document, or a copy of or an extract from it, referred to in subsection (1) is admissible without further proof as evidence of—
a: the document or part of it; and
b: the proceeding to which it relates; and
c: the regularity of that proceeding. 1947 No 16 s 13(2)
66: Appointment of bailiffs
1: Bailiffs and deputy bailiffs may be appointed under the Public Service Act 2020 section 68
2: A Judge may authorise a constable or other person to act on a particular occasion as a bailiff.
3: A bailiff must take an oath of office in the following form (or make an affirmation as provided by section 4 English form “I, [ name or specify the name of the reigning Sovereign, as in Queen Elizabeth the Second or or place Māori form “Tēnei au, a [ ingoa tohua te ingoa o te Arikinui kei runga i te torona, pērā ki a Kuini Irahāpeti te Tuarua rānei wāhi 1947 No 16 ss 15(1), (2) 17(1)﻿(a), (3) Section 66(1) amended 7 August 2020 section 135 Public Service Act 2020
67: Appointment of deputy bailiffs
1: A Judge may—
a: appoint a deputy to act for a bailiff who is prevented by illness or other cause from acting as bailiff; and
b: in the case of the death of a bailiff, appoint a deputy to act as bailiff until another appointment is made.
2: A Judge may at any time terminate the appointment of a deputy bailiff appointed under subsection (1). 1947 No 16 s 16(1)
68: Powers and duties of bailiffs
1: A bailiff has—
a: the powers of a constable:
b: the power to serve a court document or an order:
c: the power to enforce an order of the court:
d: the power to execute a warrant:
e: any other powers conferred by this Act, any other enactment, or the rules.
2: A bailiff must—
a: attend each session of the court to which he or she is appointed for such time as is required, unless his or her presence is excused by the court:
b: as required, serve the summonses and orders, and execute the warrants, issued by the court, but may authorise any person to act for him or her in effecting the service or execution:
c: conform to the rules and regulations governing the execution of the office of bailiff, and in other respects be subject to the directions of a Judge or Registrar.
3: In enforcing an order of the court, a bailiff has the same powers and is subject to the same liabilities as a Sheriff of the High Court.
4: Sections 121 128 129 1947 No 16 ss 17(1), (2) 17A
69: Powers, etc, of deputy bailiffs
A deputy bailiff, under this Act and any other Act, has the same powers and privileges, must perform the same duties, and is subject to the same penalties and provisions as if he or she were a bailiff. 1947 No 16 s 16(2)
70: Misconduct of officers
1: This section applies if an officer of the court is charged with—
a: extortion or misconduct while acting on court business; or
b: failing to account for or pay money received by him or her under the authority of this Act.
2: A Judge may inquire into the matter and may require the attendance of all necessary persons as if those persons were witnesses in a proceeding.
3: After inquiry, the Judge may—
a: make orders for the repayment of money extorted or received and for the payment of damages and costs; and
b: impose a fine on the officer not exceeding $2,000 for each offence. 1947 No 16 s 19
71: Officer of court must not act as lawyer in court proceedings
1: Except as provided by this Act or the rules or by any other enactment, an officer of the court must not directly or indirectly act as a lawyer or an agent for any party in any proceedings in any court.
2: A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $1,000. 1947 No 16 s 20 Court business
72: Sessions of court and adjournments
1: Subject to a direction by the Chief District Court Judge, a Judge may hold a session of the court at a time and place the Judge thinks fit.
2: Subject to the power of a Judge under subsection (1), a Registrar may hold a session of the court at a time and place the Registrar thinks fit if—
a: the Registrar is satisfied that the session could more conveniently or fairly be held at that time and place; and
b: all the parties to the proceeding consent.
3: A Judge may adjourn a session of the court to a time and place the Judge thinks fit.
4: A Registrar must adjourn a session of the court if a Judge is not present at the time appointed for that session, and the Registrar may adjourn it to the time and place that the Registrar determines.
5: Nothing in section 10 1947 No 16 ss 4A 22 23
4: Jurisdiction
Criminal jurisdiction of District Court
73: Criminal jurisdiction of court
The court has the jurisdiction in relation to criminal proceedings conferred by—
a: the Criminal Procedure Act 2011
b: any other enactment. Civil jurisdiction of District Court
74: General civil jurisdiction
1: The court has jurisdiction to hear and determine a proceeding—
a: in which the amount claimed or the value of the property in dispute does not exceed $350,000:
b: that, under any enactment other than this Act, may be heard and determined in the court.
2: The amount claimed in a proceeding under subsection (1) may be for the balance, not exceeding $350,000, of an amount owing after a set-off of any claim by the defendant that is admitted by the claimant. 1947 No 16 s 29
75: Money recoverable by statute
1: The court has jurisdiction to hear and determine a proceeding—
a: for the recovery of any penalty, expenses, costs, contribution, or similar monetary liability that is recoverable under any enactment; and
b: in which the amount claimed does not exceed $350,000 excluding interest that may be payable under the Interest on Money Claims Act 2016
2: Subsection (1) does not apply if an enactment expressly provides that the proceeding may only be brought in another court.
3: In subsection (1)﻿(a), penalty 1947 No 16 s 30 Section 75(1)﻿(b) amended 1 January 2018 section 29 Interest on Money Claims Act 2016
76: Jurisdiction in equity
1: Subject to other provisions in this Act, the court has the same equitable jurisdiction as the High Court.
2: However, the court does not have jurisdiction under subsection (1) to hear and determine a proceeding in which the amount claimed or the value of the property that is the subject of the proceeding exceeds $350,000.
3: Subsection (1) does not apply if an enactment (other than section 12
4: Despite subsection (3), the court may make orders under section 49 1947 No 16 s 34(1)﻿(a), (2), (2A)
77: Jurisdiction in relation to partnerships
1: The court has 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) if the total assets of the partnership do not exceed $350,000 in amount or value.
2: No proceeding in the court for the dissolution or winding up of a partnership, nor any order made in the proceeding, prevents a creditor from applying for the adjudication of a member of the partnership as a bankrupt. 1947 No 16 s 34(1)﻿(b), (3)
78: Exceptions
1: The court does not have jurisdiction to hear and determine the following classes of proceeding:
a: proceedings for the recovery of land (but see section 79(1)﻿(a)
b: proceedings relating to the title to a royal privilege or other grant of a Crown prerogative:
c: proceedings relating to the validity or interpretation of a will:
d: proceedings or applications that under any enactment must be heard and determined by a court other than the District Court.
2: However, despite subsection (1)﻿(c), the court does have jurisdiction to hear and determine any proceedings in which title to inheritable property is in issue if the proceedings are otherwise within its jurisdiction. 1947 No 16 ss 29(1) 35
79: Jurisdiction to recover land in certain cases
1: Despite section 78(1)﻿(a)
a: the annual rent does not exceed $62,500; or
b: the value of the land does not exceed $500,000.
2: The situations are—
a: a lessee or other person occupying premises has failed to vacate the whole or part of the premises after—
i: the lease has ended or been terminated by the lessor or the lessee; and
ii: the lessor or the lessee (in the case of another person occupying the whole or part of the premises) has given notice to vacate the premises or has demanded possession of the premises, as the case may be:
b: a lessor is entitled to exercise a right to re-enter premises for non-payment of rent:
c: a person without right, title, or licence is in possession of the land.
3: For the purposes of subsection (1)﻿(b), if the capital value of the land appears in a district valuation roll under the Rating Valuations Act 1998 1947 No 16 s 31
80: Abandonment of part of claim to give court jurisdiction
1: This section applies to a proceeding that, apart from this section, the court would not have jurisdiction to hear and determine because the amount of the claim or the value of the property or relief claimed or in issue exceeds the monetary limit of the court's jurisdiction.
2: If the claimant abandons the excess,—
a: the court has jurisdiction to hear and determine the proceeding; and
b: the claimant cannot recover an amount exceeding the monetary limit of jurisdiction plus costs.
3: The judgment of the court in the proceeding operates as a full discharge of the cause of action. 1947 No 16 s 36
81: Extension of jurisdiction by consent
1: This section applies to a proceeding (including a proceeding in admiralty) that, apart from this section, the court would not have jurisdiction to hear and determine because the amount of the claim or the value of the property or relief claimed or in issue exceeds the monetary limit of the court's jurisdiction.
2: If the parties to the proceeding or to a counterclaim in the proceeding consent,—
a: the monetary limit of the court's jurisdiction is extended, for the purposes of the proceeding, to the limit of the amount of the claim or the value of the property or relief claimed; and
b: the court may hear and determine the proceeding on that basis. 1947 No 16 s 37
82: Jurisdiction exclusive of interest
Interest payable under the Interest on Money Claims Act 2016 1947 No 16 s 42A
83: Causes of action not to be divided
1: A cause of action may not be divided for the purpose of bringing 2 or more proceedings or a counterclaim.
2: Nothing in subsection (1) prevents a party from including in a single proceeding multiple causes of action that in the aggregate, but not individually, exceed the jurisdiction of the court. 1947 No 16 s 38
84: Remedies
Subject to section 109
a: grant remedies, redress, or relief:
b: dispose of the proceeding:
c: give effect to every ground of defence or counterclaim, whether legal or equitable. 1947 No 16 s 41
85: Proceedings against absent defendant
The court must not determine any proceeding against a defendant who is absent from New Zealand unless the court is satisfied that—
a: service has been effected in any of the ways provided by the rules; or
b: service has been effected in accordance with the rules on an agent of the defendant who is authorised to accept service. 1947 No 16 s 39
5: Transfer of proceedings
86: Transfer of proceeding in which amount or value of claim exceeds $90,000
1: This section applies to a proceeding in which the amount of the claim or the value of the property or relief claimed or in issue exceeds $90,000.
2: A defendant in the proceeding may by notice require that the proceeding be transferred to the High Court.
3: On receipt of the notice, a Judge must order that the proceeding be transferred to the High Court.
4: This section does not apply to a proceeding for the recovery of land, unless a Judge certifies that, in the Judge's opinion,—
a: an important question of law is likely to arise; or
b: a question of title to a hereditament is likely to arise other than incidentally. 1947 No 16 s 43(1), (5)
87: Transfer of proceeding in which amount or value of claim does not exceed $90,000
1: This section applies to a proceeding in which the amount of the claim or the value of the property or relief claimed or in issue does not exceed $90,000.
2: A Judge may, on application by a defendant in the proceeding, transfer the proceeding to the High Court if the Judge is satisfied that—
a: an important question of law or fact is likely to arise; or
b: a question of title to a hereditament is likely to arise other than incidentally. 1947 No 16 s 43(2), (5)
88: Procedure for transfer of proceeding
1: A notice or an application for the transfer of a proceeding under section 86 87
2: An order transferring the proceeding may be made on such conditions as the Judge thinks fit including requiring the defendant to give security for the costs of the proceeding in the High Court.
3: Sections 86 87
a: the counterclaim were a proceeding; and
b: the defendant in the counterclaim were the defendant in the proceeding.
4: On the transfer of a proceeding in which there is a counterclaim or on the transfer of a counterclaim, the whole proceeding, including the claim and the counterclaim, must be transferred to the High Court.
5: For the purposes of subsection (4), the Registrar of the relevant office of the District Court must send to the Registrar of the relevant registry of the High Court—
a: a sealed copy of the order transferring the proceeding; and
b: a copy of the documents by which the proceeding was commenced and of all other documents filed in the District Court in the proceeding; and
c: a copy of such other documents as the Judge of the District Court directs. 1947 No 16 s 43(3), (4)
89: High Court Judge may order removal of proceeding into High Court
1: A High Court Judge may, on application by a party to a proceeding, order the removal of the proceeding into the High Court if the Judge is satisfied that it is desirable to do so.
2: In deciding whether to make an order under subsection (1), the Judge must have regard to the following factors:
a: the nature of the case:
b: the complexity of the case:
c: the general or public importance of the case:
d: the amount in issue:
e: the likely length of the hearing:
f: the financial resources of the parties:
g: whether it is otherwise in the interests of justice to make the order.
3: The order may be made on such conditions, including conditions as to costs or giving security for costs, as the Judge thinks fit.
4: This section overrides sections 86 to 88 1947 No 16 s 43(6)
90: Transfer of proceeding if no jurisdiction
1: A Judge may order the transfer of a proceeding for which the court does not have jurisdiction to the High Court or to another court that has jurisdiction. This subsection is subject to subsection (2).
2: A Judge may strike out a proceeding if satisfied that the claimant knew or ought to have known that the court did not have jurisdiction to hear and determine the proceeding.
3: A Judge who strikes out a proceeding under subsection (2) may award costs as if the court did have jurisdiction and the claim failed. 1947 No 16 s 44
91: Transfer of proceeding to High Court if counterclaim exceeds jurisdiction
1: This section applies to a proceeding in the court in which a counterclaim or set-off and counterclaim involves a matter that is outside the jurisdiction of the court.
2: A party to the proceeding may apply, within the time prescribed by the High Court Rules 2016
3: A Judge of the High Court may order that—
a: the proceeding be transferred to the High Court; or
b: the proceeding be heard and determined in the District Court; or
c: only the proceeding on the counterclaim or set-off and counterclaim be heard in the High Court and that the rest of the proceeding be heard and determined in the District Court.
4: Execution of a judgment of the court in favour of a claimant in a proceeding to which subsection (3)﻿(c) applies must, unless the High Court orders otherwise, be stayed until the proceeding transferred to the High Court is heard and determined.
5: The court has jurisdiction to hear and determine a proceeding to which this section applies if—
a: no application is made under subsection (2) within the time prescribed by the High Court Rules 2016
b: the High Court orders that the proceeding be heard and determined in the District Court.
6: Subsection (5) overrides anything to the contrary in any other enactment.
7: Where the High Court makes an order under this section, the Registrar of the relevant registry of the High Court must send a copy of the order to the Registrar of the relevant office of the District Court. 1947 No 16 s 45
92: Transfer of summary judgment applications to High Court
1: Subject to subsection (2), a Judge may, on the application of a party to a summary judgment application made in the court or on the Judge's own initiative, order that the summary judgment application or a matter arising in the summary judgment application be transferred to the High Court.
2: A Judge may make the order if the Judge is satisfied that an important question of law is likely to arise.
3: The High Court may—
a: hear and determine the summary judgment application or a matter arising in it; or
b: refer the summary judgment application or a matter arising in it back to the District Court with any directions that the High Court thinks fit. 1947 No 16 s 45A
93: Determination of question of law by High Court
1: A Judge may order that a question of law in a proceeding in the court must be determined by the High Court.
2: The High Court has the same power to determine the question as the District Court. 1947 No 16 s 45B
94: Transfer of proceeding from High Court to District Court
1: A Judge of the High Court may, on the application of a party to a proceeding commenced in the High Court, transfer the proceeding to the District Court if—
a: an agreement under section 81
b: the subject matter of the proceeding is within the jurisdiction of the District Court.
2: A Judge of the High Court may, on the Judge's own initiative, order the transfer to the District Court of a proceeding commenced in the High Court if—
a: the subject matter of the proceeding is within the jurisdiction of the District Court; and
b: the Judge is satisfied that no important question of law or fact is likely to arise in the proceeding. 1947 No 16 s 46
95: Procedure on transfer of proceeding to District Court
1: If an order is made under section 94
a: a sealed copy of the order transferring the proceeding; and
b: a copy of the documents by which the proceeding was commenced and of all other documents filed in the High Court in the proceeding; and
c: a copy of such other documents as the Judge of the High Court directs.
2: Subject to the rules, the District Court has jurisdiction to hear and determine the proceeding on the transfer to the court of the documents, despite anything contained in any other enactment, and must do so as if the proceeding was originally commenced in the District Court.
3: The transfer of the proceeding to the District Court does not affect—
a: any right of appeal or the right to apply for leave to appeal against any decision of the High Court in the proceeding or against the order transferring the proceeding; or
b: the right to enforce a judgment or an order of the High Court made in the proceeding. 1947 No 16 s 47
96: Costs in cases transferred
1: This section applies to a proceeding or counterclaim or set-off and counterclaim (a transferred proceeding
a: from the District Court to the High Court; or
b: from the High Court to the District Court.
2: Any order for costs in a transferred proceeding must be made by the court to which the proceeding is transferred.
3: Subsection (2) is subject to an order of the court that made the order to transfer the proceeding.
4: An order for costs in relation to part of a proceeding transferred to the District Court that takes place in the High Court—
a: must be made in accordance with the High Court Rules 2016
b: subject to any order by a High Court Judge, may be made by a District Court Judge.
5: Subsection (6) applies to—
a: a summary judgment application or a matter arising on a summary judgment application that has, after having been transferred to the High Court under section 92
b: a proceeding continued in the District Court after a question of law in the proceeding has, under section 93
6: An order for costs in the proceeding or matter in relation to the proceeding in the District Court both before and after transfer to the High Court must be made by a District Court Judge.
7: Despite subsection (6), an order for costs incurred in the High Court may be made only by a High Court Judge in accordance with the High Court Rules 2016 1947 No 16 s 48
6: Procedure
Parties
97: Trustees, executors, and administrators
1: Any trustee, executor, or administrator may be a party to a proceeding as if he or she were a party in his or her own right, without joining any of the persons beneficially interested in the trust or estate, and is taken to represent those persons in the proceeding.
2: The court may at any stage of the proceeding make an order joining any of the persons beneficially interested as parties to the proceeding, whether as an additional party or in substitution for an existing party. 1947 No 16 s 49
98: Minors
1: Any minor who is or has been married or in a civil union may be a party to a proceeding in contract or tort in his or her own name.
2: A judgment in a proceeding under subsection (1) may be given and enforced in the minor's own name.
3: In this section, minor
4: Any minor who is or has been married or in a civil union and any person over the age of 18 years but under the age of 21 years may make or be a party to an application under section 8 ad litem
5: The court may make orders on an application referred to in subsection (4), and proceedings to enforce an order may be taken, in the minor's own name. 1947 No 16 s 50
99: Persons jointly liable
In a claim against 2 or more persons who are jointly liable,—
a: it is sufficient to serve any 1 or more of those persons; and
b: judgment may be obtained, and execution issued, against a person served, whether or not the others who are jointly liable have been served or sued or are within the jurisdiction of the court; and
c: a person against whom judgment is obtained and who has satisfied the amount of the judgment in full or in part may recover contribution from any other person who is jointly liable. 1947 No 16 s 51
100: Bankruptcy of plaintiff
1: The bankruptcy of a plaintiff in a proceeding that the Official Assignee might continue for the benefit of creditors does not bring the proceeding to an end if, within a reasonable time as ordered by the court, the Official Assignee elects to continue it.
2: The court may adjourn the proceeding to enable an election to be made.
3: If the Official Assignee does not elect to continue the proceeding within the time allowed by the court, the defendant may rely on the bankruptcy as a defence to the proceeding. 1947 No 16 s 52 Witnesses
101: Witness expenses
1: The following persons are entitled, in the prescribed amount, to witness expenses and compensation for loss of time:
a: a person who comes to the court on a witness summons:
b: a person who gives evidence in a proceeding.
2: Despite subsection (1), the court may disallow the whole or part of any witness expenses or compensation for loss of time.
3: The person who calls the witness is liable to pay the amount of witness expenses and compensation for loss of time. 1947 No 16 s 53
102: Offence to disobey witness summons
1: Every person commits an offence and is liable on conviction to a fine not exceeding $2,000 who, having been served with a witness summons,—
a: fails without reasonable excuse to appear or to produce any documents required to be produced in accordance with the summons; or
b: refuses to be sworn or to give evidence.
2: It is a defence to a charge under subsection (1) that the person's witness expenses in the prescribed amount have not been paid or tendered to him or her at the time the witness summons is served or within a reasonable time before the hearing.
3: The conviction of a person for an offence against this section does not prevent a civil claim against the person for failing to comply with a witness summons or for refusing to be sworn or to give evidence. 1947 No 16 s 54
103: Examination of witnesses and service of process overseas
On an application made in accordance with the rules, the court may—
a: issue a commission, request, or order for the examination of witnesses overseas for the purpose of any proceeding:
b: direct and supervise the service overseas of any process of the court. 1947 No 16 s 55
104: Who may take affidavit
1: Any of the following persons may take an affidavit or an affirmation to be used in the court:
a: a Judge:
b: a Registrar:
c: a Justice of the Peace:
d: a Community Magistrate:
e: a lawyer.
2: However, a lawyer may not take an affidavit or an affirmation for use in a proceeding in which the lawyer is engaged, unless the affidavit or affirmation is for use in an ex parte 1947 No 16 s 56 Discovery
105: Pre-discovery
1: The court may, in the circumstances set out in the rules, make the orders set out in subsection (2) if—
a: a person ( A
b: it appears to the court that A is or may be entitled to bring a proceeding in the court; and
c: it appears to the court that another person ( B
2: The court may order B—
a: to disclose to the court and to any other prescribed person whether the document or documents are in B's possession, custody, or power; and
b: if a document has been but is no longer in B's possession, custody, or power, to disclose to the court and to any other prescribed person when B parted with it and what has become of it; and
c: to produce such of those documents as are in B's possession, custody, or power to the court or to any other prescribed person. 1947 No 16 s 56A
106: Discovery against non-party after proceeding commenced
1: This section applies if it appears to the court, at any stage of a proceeding and in such circumstances as may be prescribed, that a document or class of documents may be or may have been in the possession, custody, or power of a person ( C
2: The court may order C—
a: to disclose to the court and to any other prescribed person whether the document or documents are in C's possession, custody, or power; and
b: if a document has been but is no longer in C's possession, custody, or power, to disclose to the court and to any other prescribed person when C parted with it and what has become of it; and
c: to produce such of those documents as are in C's possession, custody, or power to the court or to any other prescribed person. 1947 No 16 s 56B
7: Hearing
107: Right to appear
1: A natural person who is a party to a proceeding in the court may—
a: appear and act for himself or herself; or
b: be represented by a lawyer.
2: A corporation may—
a: appear and act through any officer or attorney of the corporation; or
b: be represented by a lawyer.
3: In special circumstances and with the permission of the court, a person ( P
a: by an agent authorised in writing by P, if P is in New Zealand or carries on business in New Zealand; or
b: if P is not in New Zealand or does not carry on business in New Zealand, by an agent authorised by a person holding P's power of attorney to become a party to the proceeding in P's name.
4: An agent who represents a person under subsection (3) is not entitled to receive any fee or reward for doing so. 1947 No 16 s 57
108: Trial by Judge
1: In all proceedings brought in the court, the Judge is the sole judge and must determine all questions of fact and law.
2: However, nothing in this section affects the power to make rules authorising the Registrar to exercise jurisdiction and powers conferred on the court by this or any other enactment. 1947 No 16 s 58
109: Equity and good conscience
In a proceeding in which the amount claimed or the value of the property in issue does not exceed $5,000, the court may—
a: receive any evidence the court thinks fit, even though the evidence may not be admissible under the Evidence Act 2006
b: determine the proceeding according to equity and good conscience. 1947 No 16 s 59 s 18(6)
110: Judge must record various matters
1: The Judge at a hearing in a proceeding in which there is a right of appeal without leave must record or cause to be recorded, whether by way of transcript or otherwise, the following matters:
a: the facts in evidence; and
b: any question of law or equity raised at the hearing; and
c: the Judge's decision and of his or her determination of the proceeding.
2: On the application of a party to the proceeding, and on payment of the prescribed fee (if any), the Judge must ensure that a copy of the records, whether in hard copy or electronic form, is provided to that party.
3: Subsection (2) applies whether or not a notice of appeal has been served. 1947 No 16 s 60
111: Reference to arbitration
1: The court may, with the consent of the parties to a proceeding, order the proceeding or any issue in dispute in the proceeding to be referred to arbitration under the Arbitration Act 1996
2: The Judge may, on the application of a party to the proceeding, revoke the reference.
3: Without limiting subsection (2), a reference may be revoked if the arbitral tribunal does not make an award within 20 working days after the date of the order of reference.
4: An award has the same effect as a judgment of the court and must be entered as a judgment in the proceeding. 1947 No 16 s 61(1)–(4)
112: Application to set arbitral award aside
1: Despite section 111(4)
a: set aside an arbitral award made on a reference under section 111
b: set the award aside and, with the consent of the parties, order the proceeding or the issue in dispute to be referred to arbitration again.
2: An application under subsection (1) must be made within 10 working days after the entry of the award as a judgment or within any further time as a Judge may allow.
3: A judgment may not be enforced until an application under subsection (1) is determined.
4: On hearing an application under subsection (1), the court—
a: may consider any evidence that is placed before it; or
b: may call for evidence to be placed before it.
5: The decision of the court after hearing the application must be entered as a judgment of the court. 1947 No 16 s 61(4)–(6)
113: Judge may refer matter to Registrar or referee
1: Subject to the rules, a Judge may refer the following to a Registrar or a referee to make an inquiry and a report:
a: any proceedings that require the prolonged examination of documents or any scientific or local examination that the Judge considers cannot conveniently be made before him or her:
b: any proceedings where the question in dispute consists wholly or partly of matters of account:
c: with the consent of the parties, any other proceedings:
d: any question arising in any proceedings.
2: When a reference is made under subsection (1), the Judge may—
a: give directions to the Registrar or referee for the conduct of the reference:
b: remit a report for a further inquiry and report:
c: on consideration of the report or further report, make a judgment or an order in the proceedings that the Judge thinks fit. 1947 No 16 s 62
114: Judge may refer matter of account to Registrar, etc
1: A Judge may, after deciding or reserving any question of liability, refer to a Registrar or a Registrar and an accountant only any matter of account that is disputed between the parties.
2: After deciding the question of liability, the Judge may give judgment on the Registrar's report. 1947 No 16 s 62(3)
115: Reference by consent
1: With the consent of the parties, a Judge may refer any question in any proceedings that requires any scientific, technical, business, or professional investigation to a Registrar or a referee for an inquiry and a report.
2: Where a reference is made under subsection (1), the Judge may—
a: give directions to the Registrar or referee for the conduct of the reference:
b: with the consent of the parties, direct that the Registrar or referee make the inquiry and report without any requirement to hear the parties or to act judicially.
3: The report of a Registrar or referee on any question referred under this section is binding on the parties, unless the Judge has directed otherwise. 1947 No 16 s 62A
8: Judgments, orders, and removal of judgments
Judgments and orders
116: Finality of judgments and orders
1: A judgment or an order of the court is final and conclusive between the parties.
2: Subsection (1) is subject to this Act, any other enactment, and the rules. 1947 No 16 s 63
117: Technical defects do not invalidate judgment, order, or proceeding
A technical defect or an irregularity does not invalidate a judgment, an order, or a proceeding. 1947 No 16 s 64
118: Payment of judgments or orders
1: When giving a judgment or making an order for the payment of an amount of money (whether by way of satisfaction of the claim or counterclaim in the proceedings or by way of costs or otherwise), the court may order the amount of money to be paid—
a: in 1 amount, whether immediately or within the time that the court determines; or
b: in instalments, as determined by the court.
2: Except when the court makes an express order for payment in instalments, every judgment or order for the payment of an amount of money is taken to include an order for the payment immediately of the whole amount. 1947 No 16 s 65(1), (2)
119: Stay if party unable to pay judgment amount
1: The court may suspend or stay or vary any judgment or order for the payment of an amount of money if the court considers that the party who must pay the money is unable to do so.
2: The court may suspend or stay or vary the judgment or order for the period and on the terms that the court thinks fit, and may extend the suspension or stay or variation for as long as the cause of the inability continues. 1947 No 16 s 65(3) Removal of judgments
120: Removal of judgment of District Court into High Court
1: A judgment creditor or a person on the judgment creditor's behalf may apply to the court to remove into the High Court a final judgment or an order of the District Court (the judgment
2: The Registrar must issue a certificate of removal in the prescribed form, which may be filed by the judgment creditor in the High Court.
3: The Registrar must not issue a certificate of removal—
a: before the expiry of the time for giving notice of an appeal against the judgment:
b: if an enforcement proceeding has been issued in relation to the judgment, until the enforcement proceeding has been withdrawn or completed.
4: No further steps may be taken in relation to the proceeding in which the judgment was given after the Registrar's certificate has been filed in the High Court.
5: On the removal of the judgment,—
a: the judgment may be enforced as a judgment of the High Court, with such fees and costs as may be paid or allowed in connection with the removal and entry of judgment:
b: no appeal may be brought against the judgment.
6: A Judge of the High Court may, on the application of the judgment creditor or judgment debtor, set the removal aside on such terms as to costs or otherwise that the Judge thinks fit. 1947 No 16 s 66
121: Proceeding in High Court on judgment or order of District Court
1: A proceeding may be brought in the High Court on a judgment or an order of the District Court.
2: Costs may be awarded to the plaintiff in the proceeding only if a Judge of the High Court is satisfied that the proceeding was necessary and proper to enforce the judgment or order against the person or property of the defendant. 1947 No 16 s 67
122: Removal of judgment or order of High Court into District Court
1: A judgment creditor or a person on behalf of the judgment creditor may apply to the High Court to remove into the District Court a judgment or an order or a decree of the High Court (the judgment
2: The Registrar of the High Court must issue a certificate of removal in the prescribed form, which may be filed by the judgment creditor in the District Court.
3: No further steps may be taken in relation to the proceeding in which the judgment was given in the High Court after the Registrar of the High Court has issued the certificate.
4: On the filing of the certificate,—
a: if the District Court has jurisdiction in relation to the amount of the judgment, the judgment plus interest may be enforced in the District Court; or
b: if the District Court has jurisdiction in relation to the unpaid balance of the judgment, the unpaid balance of the judgment plus interest may be enforced in the District Court; or
c: if the District Court has jurisdiction in relation to the amount of part of the judgment and the judgment creditor abandons any amount in excess of that amount, the part of the judgment or of the unpaid balance of that part plus interest may be enforced in the District Court.
5: A judgment may also be enforced for any fees and costs awarded in connection with removing it into the District Court.
6: Except as provided by this section, no proceeding on a judgment of the High Court may be brought in the District Court. 1947 No 16 s 68
9: Appeals
Appeals to High Court
123: Interpretation
In this Part,— appeal section 124 decision make 1947 No 16 s 71 Section 123 decision amended 26 August 2020 section 29 Contempt of Court Act 2019
124: General right of appeal
1: This Part applies to a decision of the court, other than a decision of a kind in respect of which an enactment other than this Act—
a: expressly confers a right of appeal; or
b: expressly provides that there is no right of appeal.
2: A party to a proceeding in the District Court may appeal to the High Court against the whole or a part of a decision made by the District Court in or in relation to the proceeding. 1947 No 16 s 72
125: No appeal if agreement that decision would be binding
1: An appeal may not be brought if, before the decision of the court, all the parties to the proceeding agree in writing that the decision will be binding on them.
2: This section overrides section 124 1947 No 16 s 73
126: Security for appeal
1: An appellant under section 124 High Court Rules 2016
2: Subsection (1) does not apply if the appellant has been granted legal aid for the proceeding under the Legal Services Act 2011
3: If security for costs is not given within the time required by the High Court Rules 2016 1947 No 16 s 74
127: Appeals to be by way of rehearing
Appeals must be by way of rehearing. 1947 No 16 s 75
128: Powers of High Court on appeal
1: The High Court may, after hearing an appeal,—
a: make any decision it thinks should have been made:
b: direct the District Court—
i: to rehear the proceeding; or
ii: to consider or determine, whether for the first time or again, any matters the High Court directs; or
iii: to enter judgment for a specified party to the proceeding:
c: make any further or other orders the High Court thinks fit:
d: make an order as to costs.
2: The High Court must state its reasons for giving a direction under subsection (1)﻿(b).
3: The High Court may give the District Court any direction it thinks fit relating to—
a: rehearing the proceeding; or
b: considering and determining any particular matter.
4: The High Court may act under subsection (1) in respect of the whole decision even if the appeal is against only part of it.
5: Even if an interlocutory decision made in a proceeding has not been appealed against, the High Court may—
a: act under subsection (1); and
b: set the interlocutory decision aside; and
c: if it sets the interlocutory decision aside, make in its place any interlocutory decision or decisions the District Court could have made.
6: The powers under this section may be exercised in favour of a respondent or party to the proceeding even if the respondent or party did not appeal against the decision. 1947 No 16 s 76
129: Repayment of judgment amount and interest
1: This subsection applies if—
a: a party to a proceeding in the District Court ( A B
b: on appeal, the effect of the High Court's determination is that some or all of the amount did not need to be paid.
2: The High Court—
a: may order B to repay to A some or all of the amount paid by A; and
b: may also order B to pay interest calculated in accordance with (or on a basis that ensures it does not exceed interest calculated in accordance with) Schedule 2 1947 No 16 s 77 Section 129(2)﻿(b) replaced 1 January 2018 section 29 Interest on Money Claims Act 2016
130: Enforcement proceedings
For the purposes of enforcement proceedings, a judgment or an order of the High Court under section 128(1)﻿(a) or (b) section 129(2) 1947 No 16 s 78
10: Enforcement of judgments
Enforcement proceedings
131: Types of enforcement proceeding
The types of enforcement proceeding in the court are—
a: a proceeding to enforce a judgment or an order for the payment of money ( see section 133
b:
c:
d: a proceeding to enforce a judgment or an order for the recovery of land ( see section 136
e: a proceeding to enforce a judgment or an order for the delivery of specific chattels ( see section 137 Section 131(b) repealed 26 August 2020 section 29 Contempt of Court Act 2019 Section 131(c) repealed 26 August 2020 section 29 Contempt of Court Act 2019
132: Judgment may be enforced in any office of District Court
1: A judgment or an order of the District Court or of a District Court Judge may be enforced in any court comprising the District Court in its general division and need not be enforced in the court in which the judgment was entered or the order made.
2: Two or more proceedings for the enforcement of a judgment or an order may be taken concurrently, but the judgment creditor is not entitled to recover a greater amount than the total of the amount owing under the judgment or order and the costs and fees of any proceeding for enforcement.
3: Enforcement proceedings may be taken concurrently in accordance with subsection (2) in more than 1 court comprising the District Court in its general division. 1947 No 16 ss 79(6) 79A
133: Judgment or order for payment of money
Any judgment or order of any court or of any Judge for the payment of an amount of money may be enforced in the District Court by any 1 or more of the following proceedings:
a: execution against the goods and chattels of the judgment debtor under a warrant to seize property:
b: garnishee proceedings for the attachment of money due to the judgment debtor:
c: proceedings for a charging order in respect of any property held by the judgment debtor and specified in section 184(2)
d: proceedings for an attachment order against the salary or wages of the judgment debtor. 1947 No 16 s 79(1)
134: Judgment or order in nature of injunction, etc
Section 134 repealed 26 August 2020 section 29 Contempt of Court Act 2019
135: Discovery order
Section 135 repealed 26 August 2020 section 29 Contempt of Court Act 2019
136: Judgment or order for recovery of land
A judgment or an order for the recovery of land may be enforced under a warrant for the recovery of land. 1947 No 16 s 79(3)
137: Judgment or order for delivery of specific chattels
A judgment or an order for the delivery of specific chattels may be enforced, by order of a Judge,—
a: under a warrant for the recovery of chattels.
b:
c: 1947 No 16 s 79(4) Section 137(b) repealed 26 August 2020 section 29 Contempt of Court Act 2019 Section 137(c) repealed 26 August 2020 section 29 Contempt of Court Act 2019 Time when enforcement proceedings may commence
138: Time when enforcement proceedings may commence: general rule
1: Except as provided in section 139
a: at least 48 hours have expired after the judgment was entered or the order was made; or
b: a Judge grants leave.
2: However, if a judgment or an order may be appealed against without the leave of the court, a Judge may—
a: order a stay of any proceedings to enforce the judgment or order; or
b: order that an attachment order to enforce the judgment or order not take effect until after the time allowed for giving notice of an appeal has expired. 1947 No 16 s 79(5A), (5B)
139: Exception to general rule: attachment orders
1: An attachment order to enforce a judgment or an order for the payment of money may be made, and proceedings for such an attachment order may be commenced, at any time after the judgment is entered or the order is made.
2: An attachment order may be made, and proceedings for such an attachment order may be commenced, immediately after a judgment or an order for the payment of money is filed if,—
a: in the case of a money order (as defined in section 19(1A) section 78(2AB)
i: the money order records that the parties have agreed to enforce the payment of money specified in the money order by way of an attachment order made under this Act; and
ii: section 19(1B) section 78(2AC)
b: in the case of a judgment or an order made by a court,—
i: the judgment or order records that the parties have agreed to enforce the payment of money specified in the judgment or order by way of an attachment order made under this Act; and
ii: subsection (3) is complied with.
3: This subsection is complied with if—
a: the judgment or order was given or made at or following a hearing at which both parties were present; and
b: the party ordered to pay money consented to the payment of the money being enforced by way of an attachment order; and
c: both parties agreed on the terms of the attachment order, including the details specified in section 156
d: the judgment or order includes the details specified in section 156
4: Nothing in subsection (3)﻿(c) allows the parties to agree on a net amount to be paid for an earnings period that would otherwise derogate from section 157(3)
5: For the purposes of subsection (3), hearing 1947 No 16 s 79(5), (5C)–(5F) Restrictions on enforcement proceeding
140: Restriction on enforcement of judgment that is more than 6 years old
1: A judgment or an order of the court that is more than 6 years old must not be enforced unless—
a: a Judge grants leave; or
b: there has been a payment into court or to the judgment creditor made by or on behalf of the party liable within the period of 12 months immediately before the issue of the enforcement proceeding.
2: For the purposes of subsection (1), a judgment that is an arbitral award entered as a judgment is more than 6 years old if 6 years have elapsed since the date on which the award became enforceable by action in New Zealand.
3: A Judge may grant leave on an application without notice. 1947 No 16 s 80
141: No enforcement of order for payment by instalments without default
1: An order for the payment of an amount of money by instalments must not be enforced unless there has occurred a default in the payment of an instalment according to the order.
2: If there is a default, an enforcement proceeding or successive enforcement proceedings may be taken for the whole of the amount owing, including any unpaid costs, unless the court on the application of the liable party orders otherwise. 1947 No 16 s 81
142: Proceeding on cross-judgment
1: This section applies if there are cross-judgments between the parties.
2: An enforcement proceeding can be taken only by the party who has obtained judgment for the larger amount, and then only for so much of that larger amount that remains owing after deducting the amount owed to the other party. 1947 No 16 s 82 Stay of enforcement proceeding
143: Stay of enforcement proceeding for inability to pay
1: A Judge may stay an enforcement proceeding against a party if satisfied that the party is unable from any cause to pay any amount that is recoverable against that party (whether by way of meeting the claim or counterclaim in the proceedings or by way of costs or otherwise) or any instalment of that amount.
2: The Judge may stay the enforcement proceeding for the period and on the terms that the Judge thinks fit, and may renew the stay from time to time until the liable party is able to pay. 1947 No 16 s 83
144: Stay of proceeding on appeal
A notice of appeal operates as a stay of proceedings under the decision appealed from only if—
a: a Judge orders that the proceedings are stayed; or
b: the appellant has deposited with the Registrar the amount of the judgment or order under appeal and the costs, pending determination of the appeal; or
c: the appellant has given security to the satisfaction of the Registrar for the amount of the judgment or order and costs. 1947 No 16 s 84 Information about judgment debtor's means
145: Filing of financial statement
1: In this Act, financial statement
a: assets and liabilities; and
b: income and expenditure for the preceding 52 weeks.
2: A financial statement may be completed by the judgment creditor or the judgment debtor.
3: If the financial statement is completed by the judgment creditor, the statement must include details of the source of the information contained in the statement and the date to which the information relates.
4: A completed financial statement may be filed in the court at any time after a judgment or an order for the payment of money is entered or made.
5: The party who files a completed financial statement must serve a copy of the statement on the other party. 1947 No 16 s 84A
146: Notice to complete financial statement
1: If a judgment creditor serves a notice to complete a financial statement on the judgment debtor, the judgment debtor must, within 10 working days after the date of service,—
a: complete a financial statement; and
b: return it to the judgment creditor.
2: The notice to complete a financial statement must be—
a: in a form approved by the chief executive; and
b: accompanied by 2 copies of the approved form for a financial statement (1 for the judgment debtor to complete and return, the other for the judgment debtor's use). 1947 No 16 s 84B
147: Court to request information about judgment debtor's means
1: If a judgment creditor makes an application in a form approved by the chief executive, the court must request the judgment debtor to provide the court with information about the judgment debtor's means for satisfying the judgment debt.
2: The request may be made by any means of communication that the court considers appropriate.
3: The information may be provided at any place and using any means of communication that the court considers appropriate, and the court may request the person providing the information to verify it on oath. 1947 No 16 s 84C
148: Court may order hearing if information about judgment debtor's means not provided, etc
1: This section applies if—
a: no information about the judgment debtor's means for satisfying the judgment debt is provided to the court following a request under section 147
b: the court wishes to obtain information about the judgment debtor's means for satisfying the judgment debt in addition to information provided under section 147 section 153
c: a person providing information to the court under section 147
2: The court may issue a summons, in a form approved by the chief executive, requiring the judgment debtor or, if the judgment debtor is a body corporate, an officer of the judgment debtor to attend a hearing and be questioned by the court about the judgment debtor's means for satisfying the judgment debt.
3: If the court issues a summons, the court may also—
a: order any of the judgment debtor's books or other documents to be produced at the hearing:
b: order that the hearing be held at a place other than in a court:
c: impose such other terms and conditions as the court thinks proper in respect of the hearing.
4: The summons must be served on the judgment debtor by a person referred to in section 208(3)﻿(a)
5: The hearing must not be held until at least 3 working days after the date on which the summons was served or any shorter period agreed by the judgment debtor.
6: The court may cancel a hearing if, before the date of the hearing,—
a: the court considers that a hearing is not needed because the judgment debtor has provided enough information about the judgment debtor’s means for satisfying the debt; and
b: if the court so requests, the person providing the information verifies it on oath.
7: If a hearing takes place,—
a: the judgment debtor or, if the judgment debtor is a body corporate, an officer of the judgment debtor must appear in person:
b: the court may require the judgment debtor or officer and any witness to take an oath before giving evidence:
c: the judgment debtor may be represented by a lawyer who may question the judgment debtor or officer and be heard on the matter of the judgment debtor's means for satisfying the judgment debt:
d: the judgment debtor or officer may be questioned by the court:
e: any witness may be questioned by or on behalf of the judgment debtor or by the court.
8: A hearing may from time to time be adjourned by the court to a time and place to be appointed. 1947 No 16 s 84D
149: Application for financial assessment hearing
1: This section applies if a judgment creditor applies, in a form approved by the chief executive, for a hearing (a financial assessment hearing
2: The court must issue a summons, in a form approved by the chief executive, requiring the judgment debtor or an officer of the judgment debtor to attend the hearing.
3: The court may also—
a: order any of the judgment debtor's books or other documents to be produced at the hearing:
b: order that the hearing be held at a place other than in a court:
c: impose such other terms and conditions as the court thinks proper in respect of the hearing.
4: The summons must be served on the judgment debtor by a person referred to in section 208(3)﻿(b)
5: The court may cancel a hearing at the request of the judgment creditor. 1947 No 16 s 84E
150: Power to arrest judgment debtor or officer
1: This section applies if a summons issued under section 148 149
2: This section also applies if—
a: a summons was served on a judgment debtor at least 3 working days, or any shorter period agreed under section 148(5) 151(1)
b: the judgment debtor fails to appear in person at the hearing or at any subsequent adjournment of the hearing.
3: This section applies in relation to a judgment debtor that is a body corporate if—
a: a summons was served on an officer of the judgment debtor (the relevant officer section 148(5) 151(1)
b: an officer of the judgment debtor (whether or not the relevant officer) fails to appear in person at the hearing or at any subsequent adjournment of the hearing.
4: The summons must not be enforced by detention, but a Judge or Registrar may issue a warrant to arrest the judgment debtor or the relevant officer.
5: If the judgment debtor or the relevant officer is arrested under this section, the following provisions apply:
a: the judgment debtor or the relevant officer must be brought before a Judge or Registrar as soon as possible for the purpose of commencing or continuing the hearing:
b: the judgment debtor or relevant officer is bailable as of right:
c: section 168 Parts 1 to 3
d: if the judgment debtor or relevant officer cannot practicably be brought before a Judge or Registrar, then a Police employee or bailiff may grant bail to the judgment debtor or relevant officer, and Parts 1 to 3 section 21(1)
6: In this section, summons
a: a summons to attend a hearing under section 148
b: a summons to attend a financial assessment hearing. 1947 No 16 s 84EA
151: Financial assessment hearing
1: A financial assessment hearing must not be held until at least 3 working days after the date on which the summons was served or any shorter period agreed by the judgment debtor.
2: The judgment debtor or, if the judgment debtor is a body corporate, an officer of the judgment debtor must appear in person at a financial assessment hearing.
3: The court may require the judgment debtor or the officer and any witness to take an oath before giving evidence.
4: The judgment debtor may be represented at the hearing by a lawyer, who may question the judgment debtor or the officer and be heard on the matter of the judgment debtor's means for satisfying the judgment debt.
5: The judgment debtor or the officer may be questioned by or on behalf of the judgment creditor or by the court.
6: Any witness may be questioned by or on behalf of the judgment creditor or the judgment debtor or by the court.
7: A financial assessment hearing may from time to time be adjourned by the court to a time and place to be appointed. 1947 No 16 s 84EB
152: Registrar may exercise jurisdiction of court under sections 147, 148, 149, 151, 153, 155, and 161
The jurisdiction of the court under sections 147 148 149 151 153 155 161
153: Orders by court following filing of financial statement, etc
1: This section applies if, after a judgment has been entered or an order made for the payment of money,—
a: a financial statement is filed in the court; or
b: the judgment debtor provides the court with information about the judgment debtor's means for satisfying the judgment debt under section 147
c: a hearing under section 148
2: The court may do any 1 or more of the following:
a: direct that 1 or more of the proceedings referred to in section 133
b: order that the money owing under the judgment or order be paid in instalments:
c: stay any proceedings to enforce the judgment or order:
d: vary any order made under this Act relating to the enforcement of the judgment or order.
3: The court may do any of the things referred to in subsection (2) even if—
a: no application is made for the direction, order, stay, or variation in question; or
b: an application is made for a different direction, order, stay, or variation; or
c: no hearing takes place; or
d: in a case where a financial statement is filed in the court by 1 party, the other party has not had the opportunity to make representations to the court about the financial statement. 1947 No 16 s 84EC Attachment orders
154: Interpretation
In sections 155 to 161 earnings period section 156(b) employer
a: a person by whom a retiring allowance or pension or other payment of a similar nature is payable to the judgment debtor:
b: the Accident Compensation Corporation in respect of weekly compensation payable to the judgment debtor under the Accident Compensation Act 2001
c: the chief executive of the department for the time being responsible for the administration of the Social Security Act 2018 salary or wages
a: a retiring allowance or other payment of a similar nature:
b: a bonus or an incentive payment:
c: a payment of commission:
d: a payment in consideration of work performed under a contract for services:
e: all payments of weekly compensation made under the Accident Compensation Act 2001
f: a benefit as defined in Schedule 2 1947 No 16 s 84F Section 154 employer amended 26 November 2018 section 459 Social Security Act 2018 Section 154 salary or wages amended 26 November 2018 section 459 Social Security Act 2018
155: Attachment orders
1: The court may make an attachment order to enforce a judgment or an order for the payment of money—
a: in the circumstances referred to in section 139(2)
b: in the circumstances referred to in section 153(1)
c: on the application of the judgment creditor or judgment debtor.
2: If an application is made under subsection (1)﻿(c),—
a: the party who makes the application must serve a copy of it on the other party; and
b: the court may make the attachment order even though the other party has not had the opportunity to make representations to the court about the application.
3: If an attachment order is made, it must be served on the employer to whom the order relates, the judgment creditor, and the judgment debtor.
4: Except as otherwise ordered by the court, an attachment order takes effect when a copy of the order is served on the employer. 1947 No 16 s 84G
156: Content of attachment orders
An attachment order must be in a form approved by the chief executive and must specify—
a: the employer to whom the order relates; and
b: whether deductions are to be made every week, fortnight, or month or by reference to some other period (the earnings period
c: the amount or percentage to be deducted from the judgment debtor's salary or wages for the earnings period; and
d: the amount or percentage below which the net amount paid to the judgment debtor for the earnings period must not fall; and
e: the name and the address or bank account number of the person to whom the amounts deducted are to be paid; and
f: that the order is to remain in force until the judgment debt has been paid in full or, if the order is to remain in force for a fixed period, that period. 1947 No 16 s 84H
157: Effect of attachment orders
1: An attachment order must direct that the money due and payable under the judgment or order being enforced is, by way of such amounts and in relation to such earnings period as are specified in the attachment order, a charge on any salary or wages that from time to time while the attachment order is in force become due and payable by the employer to the judgment debtor.
2: The charge created—
a: accrues from earnings period to earnings period, and on the day of the earnings period specified in the order; and
b: attaches 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 contract of employment in respect of which the salary or wages so become due existed at the date of the attachment order; and
c: is subject to any charge created by an attachment order under the Family Proceedings Act 1980 Summary Proceedings Act 1957
d: prevails over and has priority to any assignment or charge created by the judgment debtor (whether before or after the making of the attachment order under this Act) so that the attachment order has the same effect as if no such assignment or charge had been made or created by the judgment debtor.
3: Despite subsections (1) and (2), no attachment order is to operate so that, when its effect is considered either alone or with the effect of any item referred to in subsection (5), the net amount paid to a judgment debtor for an earnings period is below the protected earnings rate for the earnings period and, where necessary, the amount to be deducted from the judgment debtor's salary or wages for the earnings period is treated as being reduced or cancelled accordingly.
4: Nothing in sections 293 417
5: The items are—
a: a deduction notice under the Child Support Act 1991 Family Proceedings Act 1980 Social Security Act 2018 Tax Administration Act 1994
b: a deduction under regulations made under section 444
c: a charge created by an attachment order under this or any other Act.
6: In this section,— net earnings Income Tax Act 2007 protected earnings rate
a: 60% of net earnings for the earnings period; and
b: the amount or percentage referred to in section 156(d) 1947 No 16 s 84I Section 157(4) amended 26 November 2018 section 459 Social Security Act 2018 Section 157(5)﻿(a) amended 26 November 2018 section 459 Social Security Act 2018 Section 157(5)﻿(b) replaced 26 November 2018 section 459 Social Security Act 2018
158: Liability of employer
1: Subject to section 157(3)
a: deduct from that money a sufficient amount to satisfy the charge on the money so far as the charge 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 next month after the month in which the deduction is made, pay the amount so deducted to the person specified in the attachment order.
2: All amounts so deducted and paid must be taken to have been paid by the employer in satisfaction of the salary or wages payable by the employer to the judgment debtor.
3: All amounts so deducted must be taken to have been paid by the judgment debtor in satisfaction of the judgment debtor's liability to pay the judgment debt.
4: If the judgment debtor gives notice of resignation, or is given notice of dismissal, from the employment of the employer to whom the attachment order relates, the employer must, within 5 working days after receiving or giving the notice, notify the person referred to in section 156(e)
5: If the employer to whom the attachment order relates ceases to pay salary or wages to the judgment debtor for a reason other than the judgment debtor's dismissal or resignation from the employment of the employer, the employer must, within 5 working days after ceasing to pay the salary or wages, notify the person referred to in section 156(e)
6: Where the employer makes default in the payment of any money in satisfaction of a charge created by an attachment order, that money becomes 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.
7: An employer who fails without reasonable excuse to comply with subsection (1)﻿(a) or (b) commits an offence and is liable on conviction to a fine not exceeding $1,000. 1947 No 16 s 84J
159: Wrongful treatment of employee
An employer commits an offence, and is liable on 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—
a: the employee having been ordered to pay money owing under 1 or more judgments or orders imposed by the District Court or the High Court for the payment of an amount of money; or
b: an attachment order having been served on the employer; or
c: the employer becoming aware that an attachment order is being made or has been made in respect of the employee. 1947 No 16 s 84K
160: Extent to which attachment orders bind the Crown
1: In this section,— employing department
a: a department of State in which a person is employed; and
b: in relation to a person to whom any retiring allowance 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 servant of the Crown
a: means a person in the service of Her Majesty in respect of the Government of New Zealand:
b: includes a person in temporary or casual service:
c: does not include a person in honorary service:
d: includes any person serving in any of the New Zealand Armed Forces:
e: 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 National Provident Fund.
2: Sections 155 to 159 161
3: If the judgment debtor is a servant of the Crown, an attachment order may be made against the Crown as employer.
4: Where the judgment debtor is entitled to a benefit as defined in Schedule 2
a: service of the order must be effected—
i: by leaving a copy of the order at, or sending a copy of the order by post to, either the district office of the department nearest to the judgment debtor's place of residence or an address notified by the chief executive of the department to the chief executive; or
ii: by sending the order by email or other electronic means to an email address notified by the chief executive of the department to the chief executive of the Ministry of Justice; and
b: section 159 1947 No 16 s 84L Section 160(4) amended 26 November 2018 section 459 Social Security Act 2018
161: Variation, suspension, and discharge of attachment orders
1: A judgment creditor or judgment debtor may apply to the court at any time for an attachment order to be varied, suspended, or discharged.
2: The party who makes an application under subsection (1) must serve a copy of the application on the other party.
3: If an application under subsection (1) is made, the court may vary, suspend, or discharge the attachment order if good cause is shown to the satisfaction of the court why the order should be so varied, suspended, or discharged.
4: The court may vary, suspend, or discharge the attachment order even if the other party has not had the opportunity to make representations to the court about the application.
5: If an attachment order is varied, suspended, or discharged under subsection (3), notice of the variation, suspension, or discharge must be served on the employer to whom the order relates, the judgment creditor, and the judgment debtor.
6: A variation, suspension, or discharge of an attachment order takes effect when the notice referred to in subsection (5) is served on the employer, unless (in the case of a discharge) subsection (7) applies.
7: An attachment order may also be discharged at any time by written notice (which may be given by email or other electronic means) from the judgment creditor to the employer to whom the order relates, and the discharge takes effect when the notice is given to the employer. 1947 No 16 s 84M
162: Review of Registrar's decision
1: Any person affected by any order or direction made by a Registrar under section 150 153 155 161 165
2: However, a judgment creditor may apply for a review of an order or a direction made by a Registrar under section 153 155
3: An application under subsection (1) must be made within 15 working days of the making of the order or direction, or within the further time that the Judge, on application, may allow.
4: On receiving an application under subsection (1), the Judge may order that the order or direction under review is suspended pending the review.
5: On review, the Judge may confirm, rescind, or vary the Registrar's order or direction, and the order or direction has effect, or ceases to have effect, as the case may be. 1947 No 16 s 84N Contempt of enforcement proceedings
163: Contempt of enforcement proceedings
1: No order may be made under subsection (3) unless any of the circumstances described in subsection (2) apply and the court is satisfied beyond reasonable doubt that—
a: the judgment debtor has sufficient means to pay the judgment debt but refuses to do so; and
b: all other methods of enforcing the judgment have been considered or tried and are inappropriate or have been unsuccessful.
2: The circumstances referred to in subsection (1) are as follows:
a: a financial statement has been filed in court:
b: the court has been provided with information about the judgment debtor's means for satisfying the judgment debt under section 147
c: a hearing under section 148
3: The court may, on the application of a judgment creditor, do either or both of the following:
a: order the judgment debtor to do community work, not exceeding 200 hours, as the court thinks fit:
b: impose any of the orders referred to in section 133 136 137 section 153(2)
4: An order made under subsection (3) has effect as if it were a sentence of community work, and the relevant provisions of Part 2
5: If the District Court, acting under this section, orders a judgment debtor to do community work, the judgment debtor has 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 before a Judge alone in relation to a charge.
6: An order made under subsection (3) does not operate to extinguish or affect the liability of the judgment debtor to pay the judgment debt.
7: A proceeding under this section may from time to time be adjourned by the court to a time and place to be appointed. 1947 No 16 s 84O
164: Process for dealing with application for contempt of enforcement proceedings
1: On receipt of an application under section 163(3)
a: appoint a time and place for the hearing of the application if satisfied, on the basis of information provided with the application, that the judgment debtor has sufficient means to pay the judgment debt but refuses to do so; or
b: if not so satisfied, refer the application to a Judge.
2: On the referral of an application under subsection (1)﻿(b), the Judge must—
a: deal with the application on the papers; and
b: consider whether he or she is satisfied, on the basis of information provided with the application, that the judgment debtor has sufficient means to pay the judgment debt but refuses to do so.
3: If the Judge is so satisfied, he or she must direct the Registrar to appoint a time and place for the hearing of the application.
4: If the Judge is not so satisfied, he or she must decline the application.
5: If the Registrar appoints a time and place for the hearing of the application under subsection (1)﻿(a) or (3), the judgment debtor must be served with a copy of the application, and a notice of the time and place so appointed, by a person referred to in section 208(3)﻿(c)
6: The Registrar must notify the judgment creditor of the time and place so appointed.
7: If the application is declined under subsection (4), the Registrar must notify the judgment creditor that the application has been declined. 1947 No 16 s 84OA
165: Warrant to arrest may be issued if judgment debtor cannot be served or fails to appear at hearing
1: If a copy of the application cannot be served on the judgment debtor under section 164(5)
2: A warrant under subsection (1) ceases to have effect if the judgment debtor pays, or causes to be paid, the amount due under the judgment debt.
3: If a judgment debtor is arrested under a warrant issued under subsection (1), the following provisions apply:
a: the judgment debtor must be brought before a Judge or, if a Judge is not available, the Registrar:
b: if the judgment debtor is brought before the Registrar, the Registrar must appoint a time and place for the judgment debtor to appear before a Judge for the purpose of commencing or continuing the hearing:
c: the judgment debtor is bailable as of right:
d: section 168 Parts 1 to 3
e: if the judgment debtor cannot practicably be brought immediately before a Judge or Registrar, then any Police employee or any bailiff may grant bail to the judgment debtor, and Parts 1 to 3 section 21(1) 1947 No 16 s 84OB
166: Judgment debtor doing community work is discharged on payment
1: If a judgment debtor doing community work under an order made under section 163
a: the Registrar must notify a probation officer that the payment has been made; and
b: the probation officer, on notification from the Registrar, must notify the judgment debtor that he or she is no longer required to report for community work.
2: Subsection (1)﻿(b) does not apply if there is some other reason for the judgment debtor being required to report for community work. 1947 No 16 s 84Q Warrants to seize property
167: Warrant to seize property
1: A warrant to seize property is a warrant that requires the bailiff or constable to whom it is directed to seize and sell goods of a judgment debtor for payment of the following debts:
a: the judgment debt, or so much of it that remains unpaid; and
b: the costs of executing the warrant; and
c: the costs of previous proceedings (if any) for enforcement of the judgment debt.
2: By the warrant, the bailiff or constable is authorised to seize—
a: the goods of the judgment debtor, except—
i: his or her tools of trade to a value not exceeding $5,000; and
ii: his or her necessary household furniture and effects, including clothing for the judgment debtor and his or her family, to a value not exceeding $10,000; and
iii: if the judgment debtor is a disabled person or is a principal caregiver for a disabled person, any item that is necessary for the care, support, or independence of, or to promote the inclusion and participation in society of, the judgment debtor who is the disabled person or, as the case may be, the disabled person for whom the judgment debtor is the principal caregiver (for example, without limitation, any mobility device, specially adapted motor vehicle, or medical equipment); and
b: money, bank notes, and securities (that is, bills of exchange, promissory notes, bonds, specialties, or other securities for money).
3: The warrant must be in a form approved by the chief executive.
4: The Governor-General may from time to time, by Order in Council, amend subsection (2) by increasing any amount specified in that subsection.
5: In this section,— disabled person mobility device section 2(1)
6: An order under subsection (4) is secondary legislation ( see Part 3 1947 No 16 s 85 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 167(2)﻿(a)﻿(iii) inserted 6 July 2021 section 4(1) District Court (Protection of Judgment Debtors with Disabilities) Amendment Act 2021 Section 167(5) inserted 6 July 2021 section 4(2) District Court (Protection of Judgment Debtors with Disabilities) Amendment Act 2021 Section 167(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
168: Immobilisation of motor vehicles
1: A bailiff or constable executing a warrant to seize property may, while seizing, or instead of seizing, a motor vehicle, immobilise the vehicle by attaching to it any device designed for the purpose, pending payment of the unpaid amount.
2: A vehicle may not be immobilised under subsection (1) unless, at the time of its immobilisation, the vehicle—
a: is on private property; or
b: is in a public place and the bailiff or constable is satisfied that immobilising the vehicle will not cause undue inconvenience to other persons.
2A: A motor vehicle to which section 167(2)﻿(a)﻿(iii)
3: If a motor vehicle is immobilised under this section, a bailiff or constable—
a: may seize the vehicle at any time:
b: on the direction of the Registrar, must seize the vehicle.
4: A person commits an offence if, without reasonable excuse, the person—
a: tampers with, removes, or attempts to remove a device attached to a motor vehicle under subsection (1); or
b: removes, or attempts to remove,—
i: a motor vehicle to which a device is, or has been, attached under subsection (1); or
ii: any part of that vehicle; or
iii: any other property from that vehicle.
5: A person who commits an offence under subsection (4) is liable on conviction to a fine not exceeding $1,000. 1947 No 16 s 85A Section 168(2A) inserted 6 July 2021 section 5 District Court (Protection of Judgment Debtors with Disabilities) Amendment Act 2021
169: Disposal of securities seized
1: The bailiff who seizes securities referred to in section 167(2)﻿(b)
2: The Registrar must hold the securities for the benefit of the enforcement creditor as security for the enforcement debtor's debts referred to in section 167(1)
3: The execution creditor may sue for the money secured by or payable under the securities on their due date and may sue—
a: in the name of the enforcement debtor; or
b: in the name of any person in whose name the person against whom execution has issued might have sued. 1947 No 16 s 86
170: Offence of rescuing goods seized
1: A person who rescues or attempts to rescue goods seized in execution under a warrant to seize property commits an offence and is liable on conviction to a fine not exceeding $300.
2: A bailiff or a constable may arrest the person referred to in subsection (1) with or without a warrant. 1947 No 16 s 87 Sale of goods seized under warrant to seize property
171: Period to elapse before sale
1: Goods seized under a warrant to seize property must not be sold before 5 working days after the date of seizure have elapsed.
2: Subsection (1) does not apply if—
a: the goods are perishable; or
b: the owner of the goods makes a written request (which may be by email or other electronic means) for earlier sale. 1947 No 16 s 88
172: Goods must be sold by public auction unless court orders otherwise
1: Goods seized under a warrant to seize property must be sold by public auction unless a court orders otherwise.
2: A bailiff who is authorised to execute a warrant to seize property may, if he or she first obtains the Registrar's written approval (which may be given by email or other electronic means), sell goods seized under the warrant without the necessity of taking out an auctioneer's licence.
3: Subsection (2) overrides any enactment or rule of law to the contrary.
4: The jurisdiction of a court under this section may be exercised by the Registrar. 1947 No 16 s 89
173: Purchaser from bailiff acquires goods free of all ownership and other proprietary interests
1: A person who purchases from a bailiff goods seized under a warrant to seize property, and who purchases without a claimant to the goods having paid a deposit or provided security in accordance with section 178(2)
2: This section is subject to—
a: sections 108 to 112
b: sections 251 252 1947 No 16 s 90(1)﻿(a), (3)
174: Immunity of bailiff who sells without notice of claim to goods
1: Except under subsection (2), no person has any claim against a bailiff or any person acting under a bailiff's authority (an agent
2: The immunity of a bailiff or agent set out in subsection (1) does not apply if the bailiff or agent, before the goods were sold or the proceeds paid, knew or ought reasonably to have known that the goods were not the property of the judgment debtor.
3: Nothing in this section affects the right of a person who proves that the person had an ownership or other proprietary interest in the goods at the time of sale to a remedy against any person other than the bailiff. 1947 No 16 s 90(1)﻿(b), (2)
175: Goods seized under warrant to seize property that are subject to security interest
1: This section applies if a third person claims a security interest in goods that have been seized under a warrant to seize property.
2: The court may order the sale of all or part of the goods on terms as to the application of the proceeds of sale to all or part of the secured debt or otherwise as the court thinks fit.
3: The purchaser of goods sold under this section obtains good title to the property free of all ownership interests and other proprietary interests held in the property before that sale. 1947 No 16 s 91
176: Personal property securities register to be checked
1: If goods are seized under a warrant to seize property, the Registrar must, on the next working day after the goods are seized, check whether a financing statement that relates to the goods has been registered on the personal property securities register kept under the Personal Property Securities Act 1999
2: If a financing statement has been registered, the bailiff must promptly notify the person named as the secured party in the financing statement of the following:
a: that the court may, under section 172
b: the rights that may be available to the person under sections 178 179 1947 No 16 s 91A Claims in respect of goods seized under warrant to seize property
177: Priority of High Court and District Court executions
1: This section determines priority as between a sale order issued from the High Court and a warrant to seize property against the goods of the same person issued under this Act.
2: The right to the goods seized must be determined according to which of the following occurred first:
a: delivery to the Sheriff of the sale order to be executed:
b: delivery to the Registrar of the application for the warrant to seize property.
3: On request by the bailiff to whom the warrant to seize property is directed, the Sheriff must inform the bailiff in a notice, authenticated by the Sheriff, of the precise time of delivery of the sale order.
4: On request by the Sheriff, the bailiff to whom the warrant to seize property is directed must produce the warrant to any Sheriff’s officer.
5: The time recorded in a notice given under subsection (3), and the time endorsed on the warrant as the time of application to the Registrar, are conclusive for any Sheriff or bailiff to act in reliance on the priority so determined. 1947 No 16 s 92
178: Sale of goods subject to third party claim
1: Unless a claimant to or in respect of goods seized under a warrant to seize property complies with subsection (2), the bailiff must—
a: sell the goods as if no claim had been made; and
b: pay the proceeds into court pending a decision on the claim.
2: To halt the sale of the goods under subsection (1), a claimant may—
a: deposit with the bailiff—
i: the amount of the value of the goods; or
ii: the amount that the bailiff may charge for the custody of the goods pending a decision on the claim; or
b: give the bailiff, in the manner prescribed in the rules, security for the value of the goods.
3: The bailiff must pay the amount of the value of the goods deposited under subsection (2)﻿(a)﻿(i) into court pending a decision on the claim.
4: If the amount of the value of the goods is disputed, that amount must be fixed by appraisement in the prescribed manner.
5: The purchaser of goods sold under this section obtains good title to the property free of all ownership interests and other proprietary interests held in the property before that sale. 1947 No 16 s 93
179: Third party claim process
1: If a claim is made under section 178
2: If a claim is made under section 178 Personal Property Securities Act 1999
3: The bailiff may obtain the summons, either before or after the return of the warrant, whether or not a proceeding has been brought against the bailiff in respect of the seizure.
4: On the issue of the summons, any proceeding brought in the District Court or other court in respect of the claim of any damage arising out of the execution of the warrant is stayed.
5: On hearing the summons, the court must—
a: decide the claim; and
b: decide any claim by 1 or more of the parties against the bailiff for damages arising out of the execution of the warrant; and
c: make an order as to costs as the court thinks fit. 1947 No 16 s 94 Garnishee proceedings
180: Garnishee proceedings
A person ( A garnishee proceeding
a: the payment to A of a debt owing or accruing to the judgment debtor from another person ( B
b: the payment to A of so much of the debt as will meet the amount of the judgment or order and the costs of bringing the garnishee proceeding. 1947 No 16 s 96(1)
181: Money held on deposit or in account
For the purposes of a garnishee proceeding, a debt owing or accruing to a judgment debtor ( D section 182
a: stands to D's credit with any person (including a bank); and
b: is held on deposit with that person or held by that person in a current or other account (including a deposit account). 1947 No 16 s 96(2)
182: Application of section 181
1: Section 181
a: a condition that notice must be given before any money can be withdrawn:
b: a condition that a demand for payment must be made:
c: a condition that a personal application must be made before any money can be withdrawn:
d: subject to subsection (2), any other condition.
2: Section 181
183: Liability to deliver or disclose deposit book, deposit receipt, etc
The rules may—
a: require a person who is in possession of a deposit book, a deposit receipt, or any other similar document relating to a deposit or an account of a judgment debtor to deliver it to the court:
b: require a person who knows the location of a deposit book, a deposit receipt, or any other similar document relating to a deposit or an account of a judgment debtor to disclose it to the court. 1947 No 16 s 96(3) Charging orders
184: Charging orders
1: A person who has obtained a judgment or an order for the payment of money may apply to the court in accordance with the rules for a charging order.
2: The court may make a charging order in respect of any of the following property:
a: any estate, right, title, or interest in possession, remainder, reversion, or expectancy, whether vested or contingent, in any land held by the judgment debtor in the judgment debtor's own name:
b: any right or interest of the judgment debtor in any partnership:
c: any shares held by the judgment debtor in any company incorporated in New Zealand or having an office in New Zealand in which transfers of shares may be registered:
d: any estate, right, or interest in possession, remainder, reversion, or expectancy, whether vested or contingent, in any land, or in any money, shares, or other chattels held under or by virtue of any express or implied trust for the judgment debtor.
3: A charging order must specify the property charged with sufficient detail to identify it. 1947 No 16 s 96A(1), (1A), (3)
185: Variation or discharge of charging order
1: The court may vary or discharge a charging order at any time.
2: An order discharging or varying a charging order may be registered or recorded in the same manner as the charging order.
3: There must be no fee for the registration or recording of the discharge or variation of a charging order. 1947 No 16 s 96A(4), (7)
186: Effect of charging order
A charging order has the following effect (subject, in the case of a charging order over a registered estate or interest in any land, to registration under section 188
a: it charges 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:
b: except with the leave of the court or in accordance with the rules, it restrains the person served with it—
i: from making, or concurring in making, or permitting any conveyance, transfer, assignment, or disposition of any estate, right, or interest, or of any share in a partnership or company, of the judgment debtor; or
ii: from paying over any income, interest, dividends, bonus, profits, or other money due or accruing due to the judgment debtor. 1947 No 16 s 96A(2)﻿(a), (b)
187: Expiry of charging order in respect of land
1:
2: A charging order expires on the earlier of the following dates:
a: the date that is the end of the period that is 2 years after the date on which the order was made:
b: when an instrument of transfer or deed of conveyance or assignment is registered following the execution of a sale order.
3: Despite subsection (2)﻿(a) 1947 No 16 s 96A(2)﻿(d) Section 187 heading replaced 24 October 2019 section 50(1) Statutes Amendment Act 2019 Section 187(1) repealed 24 October 2019 section 50(2) Statutes Amendment Act 2019 Section 187(3) amended 24 October 2019 section 50(3) Statutes Amendment Act 2019
188: Registration of charging order over land or mining privilege
1: This section applies when a charging order is made in respect of the registered estate or interest of the judgment debtor in land.
2: The order may, on receipt of a duplicate or copy of the order under the seal of the court,—
a: be registered by the Registrar-General of Land, if the title to the land is under the Land Transfer Act 2017
b: be registered by the appropriate Registrar of Deeds, if the title to the land is not under the Land Transfer Act 2017
c: be recorded, in the case of a mining privilege under the Mining Act 1971
3: There must be no charge for the registration or recording of the charging order. 1947 No 16 s 96A(5), (6) Section 188(2)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 188(2)﻿(b) amended 12 November 2018 section 250 Land Transfer Act 2017
189: Removal of charging order into High Court
1: A charging order may be removed into the High Court in accordance with section 120
2: A charging order removed into the High Court is enforceable in the same way as if it had been issued by that court. 1947 No 16 s 96A(2)﻿(c), (8) Order or warrant to detain person in prison
190: Issue and execution of order or warrant to detain in prison
1: This section applies when, under this Act or the rules, the court makes an order or issues a warrant for the detention of a person in prison.
2: The order or warrant must be directed to a bailiff or a constable.
3: On the making of the order or the issue of the warrant,—
a: the person to whom it is directed is authorised to detain the person to be detained; and
b: it is the duty of every constable to assist in the detention of that person. 1947 No 16 s 97(1)
191: Form of warrant to detain
A warrant to detain a person in prison must contain the information required by the rules.
192: Person to be detained in prison
1: A person detained in prison under an order made or a warrant issued under section 190 Corrections Act 2004
2: The prison manager of the prison specified in the order or warrant must detain the person in question in the prison until that person is lawfully discharged. 1947 No 16 s 97(2)
193: Power of Judge to order discharge
1: A Judge may at any time order the discharge of a person detained under section 192
2: The order may be made on the terms, if any, that the Judge thinks fit, including a term that the person may be further detained if the terms of discharge are not complied with. 1947 No 16 s 98 Warrant for recovery of land
194: Warrant for recovery of land
1: The court may issue a warrant (a warrant for the recovery of land
2: In executing the warrant, the bailiff or constable—
a: may take possession of the land; and
b: may use force if necessary in obtaining entry; and
c: may be assisted by others as the bailiff or constable thinks necessary; and
d: may give possession to the person named in the warrant; but
e: is not required to remove goods or chattels from premises on the land. 1947 No 16 s 99
195: Time for executing warrant for recovery of land
A bailiff or a constable to whom a warrant for the recovery of land is directed may execute the warrant only at a time that is between 9 am and 4 pm. 1947 No 16 s 99(1)
196: Effect of possession given under warrant for recovery of land
1: The person to whom possession is given in accordance with a warrant for the recovery of land holds the land free of any tenancy.
2: The person ( A 1947 No 16 s 99(1)
197: Irregularity or informality in execution of warrant
1: A person ( A
2: A person aggrieved by an irregularity or informality in the execution of a warrant for the recovery of land may sue A only for special damage, and, if the special damage proved is not more than $30, the person is not entitled to costs, unless the court orders otherwise.
3: In subsection (1), A 1947 No 16 s 100
198: Person illegally obtaining warrant liable for trespass
A person who applies for the issue of a warrant for the recovery of land and is not lawfully entitled to the possession of the land at the date of issue of the warrant commits a trespass against the tenant or occupier of the land, even without execution of the warrant. 1947 No 16 s 101(1)
199: Immunity of Judge, etc, when warrant illegally obtained
No proceeding or action may be taken against any of the following persons by reason only that a warrant for the recovery of land was issued on the application of a person who at the date of issue was not lawfully entitled to possession of the land:
a: the Judge who made the order for the issue of the warrant:
b: the Registrar who issued the warrant:
c: the bailiff or the constable who executed the warrant. 1947 No 16 s 101(3)
200: Execution of warrant may be stayed on giving bond
1: The execution of a warrant for the recovery of land must be stayed if the tenant or occupier of the land ( A
2: The bond must—
a: bind A to bring a proceeding for trespass against the person to whom the warrant was issued ( B
b: bind A to bring the proceeding without delay; and
c: bind A to pay all the costs of the proceeding if unsuccessful; and
d: secure an amount fixed by the court that the court considers reasonable, having regard to the value of the land and the probable costs of the proceeding; and
e: be executed by 2 sureties approved by the court; and
f: be approved by the court; and
g: be prepared at A's expense.
3: For the purposes of subsection (2)﻿(c), the proceeding is unsuccessful if—
a: judgment is given for B; or
b: A discontinues the proceeding; or
c: A fails to prosecute the proceeding without delay.
4: B may sue on the bond if—
a: the bond is forfeited; or
b: the Judge in A's proceeding for trespass does not endorse on the record that the conditions of the bond have been fulfilled.
5: In a proceeding by B suing on the bond, the court may order such relief to the parties to the bond as it thinks just, and the order has the nature and effect of voiding the bond. 1947 No 16 s 102(1), (3)
201: Effect of judgment for tenant or occupier in proceeding for trespass
If a tenant or an occupier of land ( A
a: the judgment supersedes the warrant; and
b: A is entitled to costs. 1947 No 16 s 102(2) Recovery of chattels
202: Warrant for recovery of chattels
1: The court may issue a warrant for the recovery of chattels on the application of a person who has obtained a judgment or an order for the recovery of specific chattels.
2: The warrant must require the bailiff or the constable to whom it is directed to demand and seize the chattels referred to in the warrant, if they can be found by the bailiff or constable, and to deliver them to the person named in the warrant. 1947 No 16 s 103
203: Further proceedings if chattels not recovered
If chattels are not recovered on the execution of a warrant for their recovery,—
a: the court may make an order or issue a warrant for detention in prison of the person named for a period not exceeding 1 month; and
b: whether or not it makes an order or issues a warrant under paragraph (a), the court may issue a warrant to seize property to the value of the chattels, which is assessed in the manner that the court directs. 1947 No 16 s 104 Liability and protection of officers
204: Neglect by bailiffs
1: On the application of a person aggrieved, the court may order a bailiff to pay that person damages if the opportunity of executing a warrant to seize property is lost through the fault of the bailiff or a person acting under his or her authority.
2: The damages ordered must not exceed the value of the chattels, which is assessed in the manner that the court directs. 1947 No 16 s 105
205: Liability of court officer for irregularity or informality in execution of warrant
1: An officer of the court who executes a warrant and the person who applied for the issue of the warrant are not liable as trespassers by reason only of any irregularity or informality in—
a: any proceeding on which the validity of the warrant depends; or
b: the form of the warrant; or
c: the execution of the warrant.
2: A person aggrieved by an irregularity or informality in the execution of the warrant may sue only for special damage, and, if the special damage proved is not more than $30, the person is not entitled to costs, unless the court orders otherwise. 1947 No 16 s 106
206: Liability of bailiff acting under warrant
1: No proceeding may be brought against a bailiff for anything done under a warrant issued under this Act unless the conditions set out in subsection (2) are satisfied.
2: The conditions are as follows:
a: the intended plaintiff ( P
b: the bailiff has failed to comply with the notice within 5 working days after the notice is received.
3: If a proceeding is commenced against a bailiff where the conditions in subsection (2) have been satisfied,—
a: judgment must be given for the bailiff if the warrant is produced or proved at trial, despite any defect of jurisdiction or other irregularity in the warrant; but
b: the officer who issued the warrant may be joined as a defendant in the proceeding.
4: If the plaintiff obtains judgment against the officer joined under subsection (3)﻿(b), the plaintiff may recover from that officer the costs that the plaintiff is liable to pay to the bailiff. 1947 No 16 s 107
207: Warrant is proof of court's authority
In any proceeding against a person for anything done under this Act, the production of the warrant of the court is sufficient proof of the authority of the court previous to the issue of the warrant. 1947 No 16 s 108 Service
208: Service of documents under this Act
1: If a person is required to serve a document under this Act, the requirement may be met in any of the following ways:
a: by—
i: delivering the document to the recipient or bringing it to the recipient's notice if the recipient refuses to accept it; or
ii: leaving the document for the recipient at the recipient's place of residence with another person who appears to be of or over the age of 14 years; or
iii: leaving the document for the recipient at the recipient's place of business or place of work with another person:
b: by sending the document to the recipient by prepaid post addressed to the recipient's last known place of residence or business:
c: if the recipient has a known electronic address, by sending it to the recipient at that address in electronic form:
d: by compliance with a means of service prescribed by regulations made under this Act.
2: For recipients to whom section 209
3: Despite subsection (1), the following documents must be served in accordance with subsection (1)﻿(a) or, where applicable, section 209(2)﻿(b) or (4)
a: a summons issued under section 148
b: a summons issued under section 149
c: a copy of the application and notice of the time and place appointed for the hearing of the application that is required to be served on the judgment debtor under section 164(5)
4: This section is subject to section 160(4)﻿(a)
5: In this section and in section 209 authorised process server
a: a constable; or
b: a Police employee authorised by the Commissioner of Police to serve documents under this Act; or
c: an officer of the court; or
d: a person or a member of a class of persons authorised by a Judge or Registrar to serve documents either generally or in respect of a particular case or class of case; or
e: an officer or employee of a corporation that is authorised by the Secretary for Justice to serve documents under this Act; or
f: an individual who is authorised by the Secretary for Justice to serve documents under this Act officer recipient serve
a: includes giving the document to a person; but
b: does not include filing the document in a court under rules of court. 1947 No 16 s 108A
209: Service provisions modified in special cases
1: If a document is served in accordance with this section, it is, for the purposes of section 208
2: If the recipient is a body corporate or a Crown organisation, a document may be served,—
a: if it may be served under section 208(1)﻿(b) or (c)
b: by being delivered to an officer or employee of the body corporate or Crown organisation at its head office, principal place of business, or registered office, or by bringing it to the officer's notice or the employee's notice if that person refuses to accept it.
3: If a lawyer has authenticated a memorandum stating that the lawyer is authorised to accept service of a document on behalf of the recipient, the document may be served on the lawyer in any way authorised by section 208
4: In addition to the ways of service authorised by section 208
a: in the case of a recipient who lives or works on board a vessel (including a vessel belonging to the Royal New Zealand Navy), the person on board who is apparently in charge of the vessel:
b: in the case of a recipient who is a member of the New Zealand Armed Forces, the officer apparently in command of the unit or detachment to which the recipient belongs:
c: in the case of a recipient who is a prisoner, the manager or other officer apparently in charge of the prison. 1947 No 16 s 108B
11: Miscellaneous and general provisions
Warrants to arrest
210: Arrest of debtor about to leave New Zealand
1: A Judge may, on the application of a plaintiff in a proceeding to recover an amount of money, issue a warrant to arrest a defendant in the proceeding and bring the defendant before the court.
2: A Judge must not issue a warrant unless the Judge is satisfied that—
a: the plaintiff has a good cause of action against the defendant; and
b: there are reasonable grounds to suspect that the defendant is about to leave New Zealand with the intention of evading payment of the amount claimed.
3: The Judge may require the applicant for the warrant to deposit in the court an amount not exceeding $10,000 or to give surety for that amount for the purposes of payment of any compensation that may be ordered to be paid to the defendant under subsection (9).
4: The defendant must be brought before the court unless the amount claimed in the proceeding is paid to the plaintiff before the warrant is executed.
5: The Judge may—
a: release the defendant; or
b: release the defendant on bail on any terms and conditions the Judge thinks fit and with a surety of an amount the Judge thinks fit (but not exceeding the amount claimed in the proceeding plus costs) or without a surety; or
c: remand the defendant in custody.
6: A defendant who is remanded in custody must be brought before the court within 4 days after the date of the order.
7: A defendant arrested under the warrant may either give to the enforcing officer or deposit in the court the amount shown on the warrant as the amount of the claim plus costs. If the defendant does so, he or she must be released and the amount must be retained and,—
a: if judgment in the proceeding is given in favour of the plaintiff, paid or applied in accordance with the judgment; or
b: if judgment in the proceeding is given in favour of the defendant, paid to the defendant.
8: The Judge may,—
a: if the defendant consents, hear and determine the proceeding at the time the defendant is brought before the court; or
b: fix a date and time for the hearing of the proceeding.
9: If judgment is given for the defendant, the Judge may order that the defendant be paid compensation for his or her arrest, or arrest and detention, of an amount not exceeding $10,000.
10: 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), (3), (5)﻿(a) and (b). 1947 No 16 ss 109 110 Interpleader
211: Interpleader
If a person expects to be sued by 2 or more persons making adverse claims to the same subject matter, that person may, if the subject matter does not exceed $350,000 in value, apply for relief by way of interpleader in accordance with the rules. 1947 No 16 s 111 Contempt Heading repealed 26 August 2020 section 29 Contempt of Court Act 2019
212: Contempt of court
Section 212 repealed 26 August 2020 section 29 Contempt of Court Act 2019 Restriction on commencing or continuing civil proceedings
213: Judge may make order restricting commencement or continuation of civil proceedings
1: A Judge may make an order (a section 213 order
2: The order may have—
a: a limited effect (a limited order
b: an extended effect (an extended order
3: A limited order restrains a party from commencing or continuing civil proceedings on a particular matter in the District Court.
4: An extended order restrains a party from commencing or continuing civil proceedings on a particular or related matter in the District Court.
5: Nothing in this section limits the court’s inherent power to control its own proceedings.
214: Grounds for making section 213 order
1: A Judge may make a limited order under section 213
2: A Judge may make an extended order under section 213
3: In determining whether the proceedings are or were totally without merit, the Judge may take into account the nature of any other interlocutory application, appeal, or criminal prosecution involving the party to be restrained, but is not limited to those considerations.
4: The proceedings concerned must be proceedings commenced or continued by the party to be restrained, whether against the same person or different persons.
5: For the purposes of this section and sections 215 216 Section 214(2) amended 24 October 2019 section 51 Statutes Amendment Act 2019
215: Terms of section 213 order
1: A section 213
2: A section 213
216: Procedure and appeals relating to section 213 orders
1: A party to any proceeding may apply for a limited order or an extended order.
2: A Judge may make a section 213
3: An application for leave to continue or commence a civil proceeding by a party subject to a section 213
4: An application for leave must be determined on the papers, unless the Judge considers that an oral hearing should be conducted because there are exceptional circumstances and it is appropriate to do so in the interests of justice.
5: A Judge’s determination of an application for leave is final.
6: A section 213
7: The party against whom a section 213
8: The appellant in an appeal under subsection (7) or the applicant for the section 213
9: A court determining an appeal under this section has the same powers as the court appealed from has to determine an application or appeal, as the case may be. Recusal
217: Recusal guidelines
The Chief District Court Judge must, in consultation with the Chief Justice, develop and publish guidelines to assist Judges to decide if they should recuse themselves from a proceeding. Reserved judgments
218: Information regarding reserved judgments
The Chief District Court Judge must, in consultation with the Chief Justice,—
a: publish information about the process by which parties to proceedings before the court may obtain information about the status of any reserved judgment in those proceedings; and
b: periodically publish information about the number of judgments of the court that he or she considers are outstanding beyond a reasonable time for delivery; and
c: publish information about reserved judgments that he or she considers is useful. Financial provisions
219: Payment and recovery of fees
1: All fees, except fees for keeping possession of, or for storing, removing, and selling, goods under a warrant, must be paid in the first instance by the party on whose behalf proceedings are taken.
2: Subsection (1) applies despite the fact that the party on whose behalf any proceedings are taken is the Crown or an agency of the Crown.
3: A Registrar or Deputy Registrar may not do anything for which a fee is payable unless the amount of the fee prescribed or determined under any enactment is paid or unless payment of the fee amount is waived or postponed.
4: An act for which a fee is payable is not invalid simply because the fee has not been paid.
5: If a person defaults on the payment of a fee,—
a: the court may order that payment be enforced; and
b: if the court makes the order, payment is enforced in the same way as the enforcement of a debt for which judgment has been given.
6: A schedule of the fees payable under this Act must be available to, and easily accessible by, members of the public. 1947 No 16 s 113
220: Enforcement of fines
If a person defaults on the payment of a fine,—
a: the court may order that payment be enforced; and
b: if the court makes the order, payment is enforced in the same way as enforcement under the Criminal Procedure Act 2011 1947 No 16 s 114
221: Fines and fees must be paid to Crown Bank Account
1: A fee or fine payable in respect of proceedings in courts or before Judges must be paid into a Crown Bank Account or a Departmental Bank Account in accordance with the Public Finance Act 1989
2: However, a fee for keeping possession of, or for storing, removing, and selling, goods under a warrant must be paid by the person entitled to the goods to the bailiff or person executing the warrant. 1947 No 16 s 115 Miscellaneous
222: Prescribed documents to be sealed
1: A document that is of a prescribed class and that is issued by the court must be sealed with the seal of the court.
2: A document sealed under subsection (1) must be received in evidence in New Zealand without further proof. 1947 No 16 s 116
223: Proof of service of documents
1: If any summons or any other document is served by a person who is authorised to do so under this Act, the rules, or any other enactment, the service may be proved—
a: by an endorsement on a copy of the document or, where applicable, on a printout that records an electronic document, showing the fact, date, time, and mode of service; or
b: in any other manner prescribed by the rules.
2: An endorsement under subsection (1)﻿(a) must be signed by the person who served the summons or document.
3: A person who wilfully endorses a false statement on a copy of a summons or document commits an offence and is liable on conviction to imprisonment for a term not exceeding 2 years or to a fine not exceeding $2,000, or to both.
4: If a document is served by sending it by prepaid post, then, unless the contrary is shown, the document is served when it would have been delivered in the ordinary course of post, and, in proving service, it is sufficient to prove that the letter concerned was properly addressed and posted.
5: If a document is served by sending it in electronic form, then, unless the contrary is shown, the document is served at the time the electronic communication first enters an information system that is outside the control of the document's originator, and, in proving service, it is sufficient to prove that the document concerned was properly addressed and sent.
6: In this section, information system 1947 No 16 s 116A
224: Subtenant to give notice of proceeding to subtenant's immediate landlord
1: A subtenant ( S L
2: If S fails to advise L as required by subsection (1), S is liable to forfeit to L an amount equal to not more than 3 years' improved or rack rent of the land.
3: L may recover the amount liable to be forfeited in any court having jurisdiction in respect of a claim for the amount. 1947 No 16 s 117
225: No privilege for lawyers
A lawyer has no privilege that exempts him or her from the jurisdiction of the court. 1947 No 16 s 120
226: Constable must assist court or Judge
1: Every constable must assist the court or a Judge in the execution of duties imposed upon the court or a Judge by this Act or any other Act.
2: A constable who neglects or refuses to assist as required by subsection (1) commits an offence and is liable on conviction to a fine not exceeding $1,000. 1947 No 16 s 121(1)
227: Keeper of prison must detain prisoner on request of bailiff or constable
1: The keeper of a prison or lock-up must detain a prisoner or defendant at the request of the bailiff or constable to whom a warrant for the arrest or for the detention in prison of the prisoner or defendant has been issued.
2: The keeper must detain the prisoner or defendant until that person may, by the most convenient means of transport, be taken to the place of imprisonment or be brought before the court that is named in the warrant. 1947 No 16 s 121(2)
228: Rules of practice and procedure
1: The Governor-General may, by Order in Council, make rules regulating the practice and procedure of the court in the exercise of its jurisdiction—
a: under this Act:
b: under any other Act.
2: Rules made under subsection (1)﻿(a) may be made only with the concurrence of the Chief District Court Judge and 2 or more members of the Rules Committee continued under section 155
3: The power to make rules under this section includes the power to—
a: alter, amend, or revoke existing rules; and
b: revoke existing rules and replace them with new rules.
4: Without limiting the matters on which rules may be made under subsection (1), rules may be made—
a: applying, with or without modification, provisions of the High Court Rules 2016
b: prescribing the circumstances in which a proceeding may be transferred within the District Court and the procedure following transfer:
c: prescribing the procedure following the transfer of a proceeding from the District Court to the High Court or from the High Court to the District Court:
d: prescribing—
i: the procedure in the District Court in relation to the transfer into the High Court, under section 92
ii: the procedure in relation to the removal into the High Court, under section 93
e: prescribing the procedure following the transfer of a judgment of the District Court into the High Court or a judgment of the High Court into the District Court:
f: providing for discovery and inspection of documents before the commencement of a proceeding:
g: providing for discovery by, and the inspection of the documents of, a person who is not a party to a proceeding:
h: requiring a party to a proceeding to obtain the leave of the District Court or the High Court to appeal against or to seek review of a decision given or an order made in a proceeding:
i: providing for the examination of a judgment debtor:
j: prescribing, according to the nature of the proceeding and the amount involved in the proceeding, the costs and charges to be paid by one party or the parties in the proceeding to the other party or parties, in addition to the moneys paid out of pocket:
k: providing for custody of District Court records:
l: providing for the receipt of and accounting for money paid into or from the District Court:
m: authorising a Registrar to hear and determine any proceeding under this Act (but not if the proceeding is a proceeding under any of sections 74 to 79
n: authorising a Registrar to hear and determine any proceeding under this Act, including a proceeding under any of sections 74 to 79
o: prescribing the circumstances in which the powers, privileges, and duties of a Deputy Registrar are not the same as those of a Registrar:
p: prescribing the circumstances in which the court may appoint an expert witness and prescribing—
i: the procedure to be followed after the expert witness is appointed; and
ii: the rights of the parties in relation to the evidence given by the expert witness; and
iii: the manner in which the expert witness is to be remunerated:
q: prescribing the circumstances in which an order under section 105 106
r: providing for documents to be sent in electronic form under section 208(1)﻿(c)
s: regulating and providing for any other matters that were regulated or provided for by the District Courts Rules 2014
t: providing for any other matters in respect of which rules are contemplated or specially authorised by this Act:
u: providing for any matter for which rules may be necessary or desirable.
5: The following are secondary legislation ( see Part 3
a: rules under this section:
b: rules of practice and procedure for the District Court under any other enactment. 1947 No 16 s 122 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 228(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
229: Application of rules
The court may, on application by a party to a civil proceeding or on its own initiative,—
a: determine a question in the proceeding about the application of the rules or the High Court Rules 2016
b: give any direction it thinks fit in the interests of justice. 1947 No 16 s 70A
230: Regulations
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing the applications, matters, and proceedings for which fees are payable under this Act:
b: prescribing fees payable in respect of applications, matters, and proceedings, including fees for the filing and service of documents, in the District Court under this Act or any other Act:
c: prescribing fees payable to persons giving evidence and to referees and arbitrators in proceedings in the District Court under this Act or any other Act:
d: in relation to a service performed by a Registrar or Deputy Registrar under this Act and specified in regulations made under paragraph (e), authorising a Registrar or Deputy Registrar to charge a reasonable fee calculated on the actual expense incurred in performing the service:
e: specifying the services (other than services for which a fee is already prescribed under this Act) performed by a Registrar or Deputy Registrar under this Act for which a fee may be charged:
f: making provision in relation to the postponement, under the regulations, of the payment of any fee, including (without limitation) provision—
i: for the recovery of the fee after the expiry of the period of postponement; and
ii: for restrictions to apply (after the expiry of the period of postponement and so long as the fee remains unpaid) to the steps that may be taken in the proceedings in respect of which the fee is payable:
g: providing for the manner in which an application for the exercise of a power specified in section 231(1) 232(1)
h: providing for the refund of fees paid for a review of a decision of a Registrar or Deputy Registrar if the decision is overturned in its entirety by a Judge:
i: 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.
2: Regulations under this section are secondary legislation ( see Part 3 1947 No 16 s 123 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 230(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
231: Regulations providing for waiver, etc, of fees
1: In order to promote access to justice, the Governor-General may, by Order in Council, make regulations authorising a Registrar or Deputy Registrar 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 a fee that has already been paid.
2: Regulations made under subsection (1) must provide that a Registrar or Deputy Registrar may exercise a power under the regulations only if he or she is satisfied on the basis of prescribed criteria that—
a: the person responsible for payment of the fee is unable to pay or to absorb the fee in whole or in part; or
b: 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 unlikely to be commenced or continued.
3: For the purposes of subsection (2), regulations may prescribe criteria—
a: for assessing a person's ability to pay or to absorb a fee; and
b: for identifying proceedings that concern matters of genuine public interest.
4: No fee is payable for an application for the exercise of a power specified in subsection (1).
5: Regulations under this section are secondary legislation ( see Part 3 1947 No 16 s 123(1)﻿(ba), (bb), (2) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 231(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
232: Regulations providing for postponement of fees
1: The Governor-General may, by Order in Council, make regulations authorising a Registrar or Deputy Registrar to postpone the payment of a fee pending the determination of—
a: an application for the exercise of a power specified in section 231(1)
b: an application for review under section 234
2: No fee is payable for an application for the exercise of a power specified in subsection (1).
3: Regulations under this section are secondary legislation ( see Part 3 1947 No 16 s 123(1)﻿(bc), (2) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 232(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
233: Chief executive may approve forms
1: The chief executive may approve and issue forms that the chief executive considers necessary for the purposes of this Act, not being forms required to be prescribed by regulations or rules made under this Act.
2: Without limiting subsection (1),—
a: more than 1 form may be approved and issued in relation to the same matter; and
b: a form may be described by any name that the chief executive considers appropriate, even if the form relates to a matter that is described by a different name under this Act, so long as the form refers to the appropriate provision of this Act.
3: Every document purporting to be a form approved and issued by the chief executive under and for the purposes of this Act is deemed to have been so approved and issued unless the chief executive otherwise certifies. 1947 No 16 s 123AA
234: Reviews of decisions of Registrars concerning fees
1: A person who disagrees with a decision of a Registrar or Deputy Registrar under regulations made under section 231(1) 232(1)
2: The application must be made within—
a: 20 working days after the date on which the applicant is notified of the decision; or
b: any further time that the Judge allows on application, which may be made either before or after the expiry of that period.
3: The application may be made informally.
4: A review is—
a: conducted by way of rehearing of the matter in respect of which the Registrar or Deputy Registrar made the decision; and
b: dealt with on the papers, unless the Judge directs otherwise.
5: The Judge may confirm, modify, or reverse the decision of the Registrar or Deputy Registrar.
6: No fee is payable on the application. 1947 No 16 s 123A
235: Application of Act
1: Where under any Act any power, authority, or jurisdiction is given to a District Court Judge,—
a: the proceedings must be conducted and determined in the court in accordance with this Act and the rules unless some other procedure is specially provided or required; and
b: a Judge, in the exercise of the power, authority, or jurisdiction in question, has all the powers given under this Act to a Judge and to the court.
2: However, except as provided in subsection (1) or as expressly provided in this Act or the rules, nothing in this Act or the rules derogates from or affects the provisions of any other enactment that confers any power, authority, or jurisdiction on a Judge or on the court. 1947 No 16 s 124
236: Access to court information, judicial information, or Ministry of Justice information
1: Any person may have access to court information of the District Court to the extent provided by, and in accordance with, rules of court.
2: Access to judicial information is not subject to any enactment that applies to the provision of, or access to, any other information.
3: Any person may have access to any Ministry of Justice information to the extent provided by, and in accordance with, the Official Information Act 1982 Privacy Act 2020 Public Records Act 2005
3A: For the purposes of sections 29 30 32
a: the provision of court information (other than permitted information in accordance with section 237
b: nothing in this Act limits or prevents the provision of Ministry of Justice information to the Government Statistician for the production of official statistics or research.
4: In this section, court information judicial information Ministry of Justice information Schedule 1 Section 236(3) amended 1 December 2020 section 217 Privacy Act 2020 Section 236(3A) inserted 1 September 2022 section 107(1) Data and Statistics Act 2022
237: Sharing of permitted information with other agencies
1: This section applies to permitted information specified in Part B Schedule 1
2: In response to a request from an agency for information to which this section applies, the Ministry of Justice may, by way of an approved information sharing agreement under the Privacy Act 2020
3: The Ministry of Justice holds permitted information solely for the purpose of entering into approved information sharing agreements under the Privacy Act 2020 Privacy Act 2020 Official Information Act 1982 Public Records Act 2005
4: Nothing in this section or an approved information sharing agreement under the Privacy Act 2020
5: The Governor-General may, by Order in Council made on the recommendation of the Minister of Justice, amend or replace Part B
6: The Minister of Justice may make a recommendation under subsection (5) only after consultation with the Attorney-General and with the consent of the Chief Justice.
7: An order under subsection (5) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 237(2) amended 1 December 2020 section 217 Privacy Act 2020 Section 237(3) amended 1 December 2020 section 217 Privacy Act 2020 Section 237(4) amended 1 December 2020 section 217 Privacy Act 2020 Section 237(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
238: Requirements that Registrars disclose information
1: If any enactment requires a Registrar to notify a registration authority of certain information about any court proceedings, that requirement is not affected by any suppression order imposed by the court or by operation of law.
2: Even if the enactment provides that the court may order otherwise in any case, the requirement is not affected by any suppression order imposed by the court unless the court specifically orders otherwise in that case.
239: Judge or Registrar may waive certain fees
A Judge or Registrar may, subject to any terms or conditions that the Judge or Registrar thinks fit, waive the payment of a fee prescribed under section 230
12: Repeal, references to courts, renaming of enactments, consequential amendments, and transitional, savings, and related provisions
District Courts Act 1947 repealed
240: District Courts Act 1947 repealed
1: The District Courts Act 1947 sections 62B 65A section 3
2: Sections 62B 65A 2017-03-01 District Courts Act 1947 Act is repealed except for sections 62B and 65A (see s 240(2)). 2018-01-01 District Courts Act 1947 Sections 62B and 65A are repealed. References to District Courts, Family Courts, Youth Courts, and Disputes Tribunals
241: References to District Courts
In any enactment, unless the context requires, and with any necessary modifications (including modification to grammar),—
a: a reference to a District Court any District Court every District Court District Courts the District Court District Court Judge
b: a reference to a particular District Court is to be read as a reference to a particular office of the District Court (for example, a reference to the nearest District Court the nearest office of the District Court
c: a reference in a heading to District Courts District Court
242: References to Family Courts
In any enactment, unless the context otherwise requires, and with any necessary modifications (including modification to grammar),—
a: a reference to a Family Court any Family Court every Family Court Family Courts the Family Court Family Court Judge
b: a reference to a particular Family Court is to be read as a reference to a particular office of the Family Court (for example, a reference to the nearest Family Court the nearest office of the Family Court
c: in a heading, a reference to Family Courts Family Court
243: References to Youth Courts
In any enactment, unless the context otherwise requires, and with any necessary modifications (including modification to grammar),—
a: a reference to a Youth Court any Youth Court every Youth Court Youth Courts the Youth Court Youth Court Judge
b: a reference to a particular Youth Court is to be read as a reference to a particular office of the Youth Court (for example, a reference to the nearest Youth Court the nearest office of the Youth Court
c: in a heading, a reference to Youth Courts Youth Court
244: References to Disputes Tribunals
In any enactment, unless the context otherwise requires, and with any necessary modifications (including modification to grammar),—
a: a reference to a Disputes Tribunal any Disputes Tribunal every Disputes Tribunal Disputes Tribunals the Disputes Tribunal
b: a reference to a particular Disputes Tribunal is to be read as a reference to a particular office of the Disputes Tribunal (for example, a reference to the nearest Disputes Tribunal the nearest office of the Disputes Tribunal
c: in a heading, a reference to Disputes Tribunals Disputes Tribunal District Courts Rules 2014 renamed and amended
245: Amendments to District Courts Rules 2014
Sections 246 247 District Courts Rules 2014 principal rules 2017-03-01 District Courts Rules 2014
246: Name of principal rules changed
As from the commencement of this section,—
a: the District Courts Rules 2014 District Court Rules 2014
b: every reference in any enactment and in any document to the District Courts Rules 2014 the District Courts Rules the District Court Rules 2014 the District Court Rules
247: Rule 1.1 amended (Title)
In rule 1.1 Courts Court Family Courts Act 1980 renamed and amended
248: Amendments to Family Courts Act 1980
Sections 249 to 252 Family Courts Act 1980 principal Act 2017-03-01 Family Courts Act 1980
249: Name of principal Act changed
As from the commencement of this section,—
a: the Family Courts Act 1980 Family Court Act 1980
b: every reference in any enactment and in any document to the Family Courts Act 1980 the Family Court Act 1980
250: Long Title repealed
Repeal the Long Title
251: Section 1 amended (Short Title and commencement)
1: In the heading to section 1 Short
2: In section 1(1) may be cited as the Family Courts Act 1980 is the Family Court Act 1980
252: New section 1A inserted (Purpose)
After section 1
1A: Purpose
The purpose of this Act is to—
a: establish a Family Court as a division of the District Court; and
b: provide for the constitution, jurisdiction, powers, and procedures of the Family Court. Family Courts Rules 2002 renamed and amended
253: Amendments to Family Courts Rules 2002
Sections 254 255 Family Courts Rules 2002 principal rules 2017-03-01 Family Courts Rules 2002
254: Name of principal rules changed
As from the commencement of this section,—
a: the Family Courts Rules 2002 Family Court Rules 2002
b: every reference in any enactment and in any document to the Family Courts Rules 2002 the Family Courts Rules the Family Court Rules 2002 the Family Court Rules
255: Rule 1 amended (Title)
In rule 1 Courts Court Disputes Tribunals Act 1988 renamed and amended
256: Amendments to Disputes Tribunals Act 1988
Sections 257 to 260 Disputes Tribunals Act 1988 principal Act 2017-03-01 Disputes Tribunals Act 1988
257: Name of principal Act changed
As from the commencement of this section,—
a: the Disputes Tribunals Act 1988 Disputes Tribunal Act 1988
b: any reference in any enactment and in any document to the Disputes Tribunals Act 1988 the Disputes Tribunal Act 1988
258: Long Title repealed
Repeal the Long Title
259: Section 1 amended (Short Title and commencement)
1: In the heading to section 1 Short
2: In section 1(1) may be cited as the Disputes Tribunals Act 1988 is the Disputes Tribunal Act 1988
260: New section 1A inserted (Purpose)
After section 1
1A: Purpose
The purpose of this Act is to consolidate and amend the Small Claims Tribunals Act 1976. Other consequential amendments
261: Other consequential amendments
The enactments specified in Schedule 2 2017-03-01 Accident Compensation Act 2001 Admiralty Act 1973 Adoption Act 1955 Adoption (Intercountry) Act 1997 Agricultural Compounds and Veterinary Medicines Act 1997 Airport Authorities Act 1966 Alcoholism and Drug Addiction Act 1966 Animal Products Act 1999 Animal Welfare Act 1999 Antarctica (Environmental Protection) Act 1994 Arbitration Act 1996 Armed Forces Discipline Act 1971 Arms Act 1983 Auctioneers Act 2013 Auditor Regulation Act 2011 Bail Act 2000 Biosecurity Act 1993 Births, Deaths, Marriages, and Relationships Registration Act 1995 Building Act 2004 Building (Earthquake-prone Buildings) Amendment Act 2016 Building Societies Act 1965 Care of Children Act 2004 Chartered Professional Engineers of New Zealand Act 2002 Child Support Act 1991 Children, Young Persons, and Their Families Act 1989 Christchurch District Drainage Act 1951 Civil Aviation Act 1990 Civil Defence Emergency Management Act 2002 Civil Union Act 2004 Climate Change Response Act 2002 Commissions of Inquiry Act 1908 Commonwealth Countries Act 1977 Companies Act 1993 Construction Contracts Act 2002 Consumer Guarantees Act 1993 Contractual Remedies Act 1979 Copyright Act 1994 Coroners Act 2006 Corrections Act 2004 Costs in Criminal Cases Act 1967 Courts (Remote Participation) Act 2010 Courts Security Act 1999 Credit Contracts and Consumer Finance Act 2003 Crimes Act 1961 Criminal Disclosure Act 2008 Criminal Investigations (Bodily Samples) Act 1995 Criminal Procedure Act 2011 Criminal Records (Clean Slate) Act 2004 Crown Minerals Act 1991 Crown Pastoral Land Act 1998 Crown Proceedings Act 1950 Cultural Property (Protection in Armed Conflict) Act 2012 Customs and Excise Act 1996 Defamation Act 1992 Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 Disputes Tribunals Act 1988 Dog Control Act 1996 Domestic Actions Act 1975 Domestic Violence Act 1995 Education Act 1989 Electoral Act 1993 Electricity Act 1992 Electricity Industry Act 2010 Electronic Transactions Act 2002 Employment Relations Act 2000 Employment Relations Amendment Act 2016 Energy (Fuels, Levies, and References) Act 1989 Engineering Associates Act 1961 Evidence Act 2006 Extradition Act 1999 Fair Trading Act 1986 Family Courts Act 1980 Family Proceedings Act 1980 Family Protection Act 1955 Fencing Act 1978 Fencing of Swimming Pools Act 1987 Films, Videos, and Publications Classification Act 1993 Financial Advisers Act 2008 Financial Reporting Act 2013 Financial Service Providers (Registration and Dispute Resolution) Act 2008 Fisheries Act 1996 Food Act 2014 Forest and Rural Fires Act 1977 Freedom Camping Act 2011 Friendly Societies and Credit Unions Act 1982 Gambling Act 2003 Gas Act 1992 Government Roading Powers Act 1989 Government Superannuation Fund Act 1956 Governor-General Act 2010 Greytown District Trust Lands Act 1979 Habeas Corpus Act 2001 Harassment Act 1997 Harmful Digital Communications Act 2015 Health Act 1956 Health and Disability Commissioner Act 1994 Health and Disability Services (Safety) Act 2001 Health and Safety at Work Act 2015 Health Practitioners Competence Assurance Act 2003 Holidays Amendment Act 2016 Hotel Association of New Zealand Act 1969 Housing Restructuring and Tenancy Matters Act 1992 Human Assisted Reproductive Technology Act 2004 Human Rights Act 1993 Human Tissue Act 2008 Hutt Valley Drainage Act 1967 Immigration Advisers Licensing Act 2007 Impounding Act 1955 Imprisonment for Debt Limitation Act 1908 Independent Police Conduct Authority Act 1988 Industrial and Provident Societies Act 1908 Industry Training and Apprenticeships Act 1992 Inferior Courts Procedure Act 1909 Insolvency Act 2006 Insurance (Prudential Supervision) Act 2010 Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 International Crimes and International Criminal Court Act 2000 Joint Family Homes Act 1964 Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 Juries Act 1981 Justices of the Peace Act 1957 Lakes District Waterways Authority (Shotover River) Empowering Act 1985 Land Act 1948 Land Drainage Act 1908 Land Transport Act 1998 Land Transport Management Act 2003 Land Valuation Proceedings Act 1948 Law Reform (Testamentary Promises) Act 1949 Lawyers and Conveyancers Act 2006 Legal Services Act 2011 Life Insurance Act 1908 Limitation Act 2010 Litter Act 1979 Local Electoral Act 2001 Local Government Act 1974 Local Government Act 2002 Local Government (Auckland Council) Act 2009 Local Government (Auckland Transitional Provisions) Act 2010 Local Government (Rating) Act 2002 Loyal Orange Institution of New Zealand (Incorporated) Trust Act 1954 Major Events Management Act 2007 Marine Reserves Act 1971 Maritime Security Act 2004 Maritime Transport Act 1994 Marriage Act 1955 Masterton Trust Lands Act 2003 Medicines Act 1981 Members of Parliament (Remuneration and Services) Act 2013 Mental Health (Compulsory Assessment and Treatment) Act 1992 Minors’ Contracts Act 1969 Misuse of Drugs Amendment Act 1978 Motor Vehicle Sales Act 2003 Music Teachers Act 1981 New Zealand Railways Corporation Act 1981 New Zealand Sign Language Act 2006 Oaths and Declarations Act 1957 Parental Leave and Employment Protection Act 1987 Parliamentary Privilege Act 2014 Parole Act 2002 Partnership Act 1908 Personal Property Securities Act 1999 Plant Variety Rights Act 1987 Plumbers, Gasfitters, and Drainlayers Act 2006 Policing Act 2008 Postal Services Act 1998 Prisoners' and Victims' Claims Act 2005 Privacy Act 1993 Private Security Personnel and Private Investigators Act 2010 Property Law Act 2007 Property (Relationships) Act 1976 Prostitution Reform Act 2003 Protection of Personal and Property Rights Act 1988 Public Records Act 2005 Public Works Act 1981 Racing Act 2003 Railways Act 2005 Registered Architects Act 2005 Remuneration Authority Act 1977 Residential Tenancies Act 1986 Resource Management Act 1991 Retirement Villages Act 2003 Road User Charges Act 2012 Royal Antediluvian Order of Buffaloes Trust Act 1966 Sale and Supply of Alcohol Act 2012 Search and Surveillance Act 2012 Secondhand Dealers and Pawnbrokers Act 2004 Sentencing Act 2002 Ship Registration Act 1992 Sleepover Wages (Settlement) Act 2011 Social Security Act 1964 Social Workers Registration Act 2003 Soil Conservation and Rivers Control Act 1941 Sports Anti-Doping Act 2006 Status of Children Act 1969 Student Loan Scheme Act 2011 Submarine Cables and Pipelines Protection Act 1996 Summary Offences Act 1981 Summary Proceedings Act 1957 Tariff Act 1988 Tax Administration Act 1994 Taxation Review Authorities Act 1994 Te Ture mō Te Reo Māori 2016 Māori Language Act 2016 Te Ture Whenua Maori Act 1993 Telecommunications Act 2001 Trade Marks Act 2002 Trans-Tasman Mutual Recognition Act 1997 Trans-Tasman Proceedings Act 2010 Transport Accident Investigation Commission Act 1990 Unclaimed Money Act 1971 Unit Titles Act 2010 United Nations Convention on the Law of the Sea Act 1996 Unsolicited Electronic Messages Act 2007 Utilities Access Act 2010 Veterans’ Support Act 2014 Veterinarians Act 2005 Victims' Orders Against Violent Offenders Act 2014 Volunteers Employment Protection Act 1973 Wages Protection and Contractors’ Liens Act Repeal Act 1987 Waste Minimisation Act 2008 Weathertight Homes Resolution Services Act 2006 Weights and Measures Act 1987 Wellington Regional Water Board Act 1972 Wellington Waterworks Act 1871 Wills Act 2007 Transitional, savings, and related provisions
262: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 3