District Courts Act 1947

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Reprint as at 26 June 2008

District Courts Act 1947

Public Act1947 No 16
Date of assent24 October 1947
Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered in the Ministry of Justice

Contents

Title

1 Short Title and commencement

2 Interpretation

Part 1
Constitution and administration

District Courts

3 Courts constituted

4 Exercise of civil or criminal jurisdiction in Courts appointed

4A Sittings of Court at other places

4B Disputes Tribunals

District Court Judges

5 Appointment and qualifications

5AA Judges act on full-time basis but may be authorised to act part-time

5A Chief District Court Judge

6 Salaries and allowances

7 Tenure of office

8 Ex officio functions of Judges

9 Assignment and rostering of District Court Judges

10 Acting Judges

10A Retired Judges

11 Provision as to Judge in Chatham Islands

Community Magistrates

11A Appointment of Community Magistrates

11B Right to hold other office and to engage in other employment

11C Functions and powers of Community Magistrates

11D Chief Community Magistrate

11E Functions of Chief Community Magistrate

11F Tenure of office

11G Remuneration and allowances of Community Magistrates

11H Retired Community Magistrates

Registrars

12 Appointment of Registrar

13 Record of proceedings to be kept by Registrar

14 Deputy Registrars

Bailiffs

15 Appointment of bailiffs

16 Deputy bailiffs

17 Powers and duties of bailiffs

17A Sections 314A to 314D of Crimes Act 1961 inapplicable to bailiffs

Miscellaneous provisions as to officers

18 Penalty for assaulting officers

19 Misconduct of officers

20 Officers of Court not to act as solicitors therein

Sittings

21 Place of sittings

22 Times of sittings

23 Adjourned sittings

Part 2
Criminal jurisdiction

24  [Repealed]

25  [Repealed]

26  [Repealed]

27  [Repealed]

28  [Repealed]

Part 2A
Criminal jurisdiction in respect of indictable offences

28A Extent of jurisdiction under Part 2A of this Act

28B Appointment of trial Judges

28C Trial Judge not to act in certain cases

28D Constitution and procedure of Court

28E Powers of Court

28F Maximum sentences

28G Judge may decline to sentence

28H Appeal against sentence

28I Enforcement of penalties

28J Transfer of proceedings

Part 3
Civil jurisdiction and transfer of proceedings

29 General jurisdiction in respect of proceedings

30 Money recoverable by statute

31 Jurisdiction in proceeding for recovery of land

32 Landlord's right where rent is in arrear or premises deserted [Repealed]

33 Jurisdiction as to building societies

Equity proceedings

34 Equity jurisdiction

Miscellaneous provisions as to jurisdiction

35 Jurisdiction where title in question

36 Abandonment of part of claim to give Court jurisdiction

37 Extension of jurisdiction by agreement between the parties

38 Division of cause of action not allowed

39 Proceedings against absent defendant

Exercise of jurisdiction and ancillary jurisdiction

40 Persons who exercise jurisdiction of Court

41 General ancillary jurisdiction

42 Ancillary powers of Judge

42A Jurisdiction exclusive of interest awarded

Transfer of proceeding

43 Transfer to High Court of proceeding within jurisdiction

44 Transfer of proceedings beyond jurisdiction

45 Transfer of proceedings where there is a counterclaim

45A Removal of summary judgment application from District Court to High Court

Removal of question of law into High Court

45B Removal of question of law into High Court

46 Transfer of proceeding from High Court to District Court

47 Procedure on transfer of proceeding from High Court to District Court

48 Costs in cases transferred or removed

Part 4
Procedure

Parties

49 Trustees, executors, and administrators

50 Infants

51 Persons jointly liable

52 Bankruptcy of plaintiff

Witnesses and evidence

53 Witness entitled to expenses

54 Penalty for neglecting witness summons

55 Examination of witnesses and service of process abroad

56 Persons who may take affidavits, etc

Discovery

56A Powers of Court exercisable before commencement of proceeding

56B Power of Court to order particular discovery against non-party after proceeding commenced

Hearing

57 Right of audience

58 Trial by Judge

59 Equity and good conscience

60 Judge to take notes

61 Power of Judge to refer to arbitration

62 Power of Judge to refer to Registrar or referee

62A Reference by consent

Judgments and orders

62B Power of Court to award interest on debts and damages

63 Finality of judgments and orders

64 Want of form

65 Payment of judgments and orders

65A Interest on judgment debts

Removal of judgments

66 Removal of judgment of District Court into High Court

67 Proceeding in High Court on judgment or order of District Court

68 Removal of judgment or order of High Court into District Court

69 Removal of judgment from one Court to another

70 Removal of judgment of abolished Court

Part 5
Appeals

71 Interpretation

71A Right to appeal [Repealed]

72 General right of appeal

73 Agreements that decision would be binding

74 Security for appeal

75 Appeals to be by way of rehearing

76 Powers of High Court on appeal

77 Repayment of judgment sum and interest

78 Enforcement proceedings

78A Right of appeal in respect of contempt of Court

Part 6
Enforcement of judgments

Enforcement generally

79 Nature of proceedings for enforcement of judgment

80 Enforcement of judgments more than 6 years old

81 Enforcement of order for payment by instalments

82 Proceedings on cross-judgments

83 Power to stay proceedings for enforcement

84 Stay of proceedings on appeal

Discovery in aid of execution

84A Notice to judgment debtor to complete financial statement

84B Order for examination of judgment debtor

84C Where judgment debtor does not appear at examination or order cannot be served

84D Conduct of examination

84E Orders by Court

Attachment orders

84F Interpretation

84G Attachment orders

84H Attachment order to be served on employer

84I Effect of attachment orders

84J Liability of employer

84K Wrongful treatment of employee

84L Extent to which attachment orders bind the Crown

84M Variation, suspension, and discharge of attachment orders

Review of Registrar's decision

84N Review of Registrar's decision

Contempt

84O Contempt procedures

84P Application of Part 1 of Legal Services Act 1991 [Repealed]

84Q Judgment debtor doing community work to be discharged on payment

Warrant of distress

85 Warrant of distress

85A Immobilisation of motor vehicles

86 Disposal of bills of exchange, etc, seized

87 Penalty for rescue of goods seized

Sale of goods seized

88 Period to elapse before sale

89 Sale of goods by public auction unless otherwise ordered

90 Protection of bailiff selling goods under execution without notice of claim by third party

91 Procedure when goods seized are secured under bill of sale

Claims in respect of goods seized

92 Priority of High Court and District Court executions

93 Sale of goods where claim made thereto

94 Bailiff's interpleader

95 Claims for rent where goods seized under execution [Repealed]

Garnishee proceedings

96 Garnishee proceedings

Charging orders

96A Charging orders

Committals

97 Issue and execution of orders or warrants of committal

98 Power of Judge to order discharge

Warrant for the recovery of land

99 Warrant for the recovery of land

100 Irregularity in execution of warrant can only be sued for as special damage

101 Person illegally obtaining warrant liable for trespass

102 Execution of warrant may be stayed on giving bond

Recovery of chattels

103 Warrant for the recovery of chattels

104 Further proceedings if chattels not recovered

Liability and protection of officers

105 Neglect by bailiffs

106 Irregularity in executing warrants

107 Proceedings against bailiffs acting under warrants

108 Production of warrant sufficient proof of Court's authority

Part 7
Miscellaneous and general

Writs of arrest

109 Absconding debtors may be held to bail

110 Successful plaintiff entitled to execution, successful defendant entitled to compensation

Interpleader

111 Interpleader

Contempt

112 Power to commit for contempt

Financial provisions

113 Payment and recovery of fees

114 Enforcement of fines

115 Fines and fees to be paid to Crown Bank Account

Miscellaneous

116 Summonses and other documents to be under seal

116A Proof of service of documents by officer or constable

117 Subtenant to give notice of proceeding to subtenant's immediate landlord

118 Proceeding on lost instruments

119 Immunity of Judges

120 No privilege to solicitors

121 Constables, etc, to assist

122 District Courts rules

123 Regulations

123A Reviews of decisions of Registrars concerning fees

124 Application of Act

125 Repeals and savings

Schedule 1

[Repealed]

Schedule 1A
Offences triable in either District Court or High Court and offences triable only in High Court

Schedule 2
Enactments (repealed by this Act) formerly regulating or providing for matters which can be regulated or provided for by rules

Schedule 3
Enactments repealed

District Courts Amendment Act (No 2) 2008

Reprint notes

An Act to consolidate and amend certain enactments of the Parliament of New Zealand relating to District Courts and the jurisdiction of District Court Judges in civil proceedings, and to make provision for the exercise of criminal jurisdiction under the Summary Proceedings Act 1957 in District Courts