New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 23 July 2011
| Public Act | 1947 No 16 |
| Date of assent | 24 October 1947 |
| Commencement | see section 1(2) |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Ministry of Justice.
1 Short Title and commencement
Part 1
Constitution and administration
4 Appointment of places for holding of courts
4A Sittings of court at other places
5 Appointment and qualifications
5AA Judges act on full-time basis but may be authorised to act part-time
8 Ex officio functions of Judges
9 Assignment and rostering of District Court Judges
11 Jurisdiction of Judge in Chatham Islands
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
11G Remuneration and allowances of Community Magistrates
11H Retired Community Magistrates
13 Record of proceedings to be kept by Registrar
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
20 Officers of court not to act as solicitors therein
[Repealed]
24 Criminal jurisdiction [Repealed]
25 Jurisdiction as to fugitive offenders [Repealed]
26 Informations and complaints to be filed in nearest court [Repealed]
27 Place of hearing of informations and complaints [Repealed]
28 Criminal Record Book [Repealed]
Part 2A
Criminal jurisdiction in respect of indictable offences
28A Extent of jurisdiction under Part 2A
28B Appointment of trial Judges
28C Trial Judge not to act in certain cases [Repealed]
28D Constitution and procedure of court
28G Judge may decline to sentence
Part 3
Civil jurisdiction and transfer of proceedings
Claims founded on contract or tort
[Repealed]
29 General jurisdiction in respect of proceedings
30 Money recoverable by statute
31 Extending jurisdiction in actions for recovery of land
32 Landlord's right where rent is in arrear or premises deserted [Repealed]
33 Jurisdiction as to building societies
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 in admiralty 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
42A Jurisdiction exclusive of interest awarded
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
49 Trustees, executors, and administrators
50 Amount of wages, etc, for which minor may sue
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
56A Powers of court exercisable before commencement of proceeding
56B Power of court to order particular discovery against non-party after proceeding commenced
61 Power of Judge to refer to arbitration
62 Power of Judge to refer to Registrar or referee
62B Power of court to award interest on debts and damages
63 Finality of judgments and orders
65 Payment of judgments and orders
65A Interest on judgment debts
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
Determination of questions concerning rules
71A Right to appeal [Repealed]
73 Agreements that decision would be binding
75 Appeals to be by way of rehearing
76 Powers of High Court on appeal
77 Repayment of judgment sum and interest
78A Right of appeal in respect of contempt of court
Part 6
Enforcement of judgments
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
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
84H Attachment order to be served on employer
84I Effect of attachment orders
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
84P Application of Part 1 of Legal Services Act 1991 [Repealed]
84Q Judgment debtor doing community work to be discharged on payment
85A Immobilisation of motor vehicles
86 Disposal of bills of exchange, etc, seized
87 Penalty for rescue 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
95 Claims for rent where goods seized under execution [Repealed]
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
103 Warrant for the recovery of chattels
104 Further proceedings if chattels not recovered
Liability and protection of officers
106 Irregularity in executing warrants
107 Actions against bailiffs acting under warrants
108 Action to be brought within 6 months, and 1 month's notice to be given
Part 7
Miscellaneous and general
109 Absconding debtors may be held to bail
110 Successful plaintiff entitled to execution, successful defendant entitled to compensation
112 Penalty for contempt of court
113 Payment and recovery of fees
115 Fines and fees to be paid to Crown Bank Account
116 Prescribed documents to be sealed
116A Proof of service of documents by officer or constable
117 Subtenant to give notice of proceeding to subtenant's immediate landlord
118 Actions on lost instruments
120 No privilege to solicitors
121 Constables, etc, to assist
123A Reviews of decisions of Registrars concerning fees
Schedule 1
Criminal Record Book
[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
District Courts Amendment Act (No 2) 2008
District Courts (Categorisation of Offences) Regulations 2008
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
Title: amended, on 1 January 1987, pursuant to section 29(2) of the Constitution Act 1986 (1986 No 114).
Title: amended, on 1 April 1980, pursuant to section 18(1) of the District Courts Amendment Act 1979 (1979 No 125).
Title: amended, on 1 April 1958, pursuant to section 214(1) of the Summary Proceedings Act 1957 (1957 No 87).
