199 Arrest of liable person

(1)

Where a District Court Judge or, if a District Court Judge is not available and the case appears to be one of urgency, any Registrar (not being a constable), is satisfied on application in writing made by the Commissioner that there is reasonable cause to believe that any liable person is about to leave New Zealand with intent to avoid payment of any liability under this Act, the District Court Judge or Registrar may issue a warrant for the arrest of the person.

(2)

The liable person shall thereupon be brought as soon as possible before the District Court which, if it is satisfied that the liable person is likely to leave New Zealand with intent to avoid payment of any liability under this Act, may make any 1 or more of the following orders:

(a)

an order that the liable person give such security (including the provision of sureties) for the payment of that liability as the court specifies:

(b)

an order that the liable person do not leave New Zealand without the written permission of the court:

(c)

an order that the liable person surrender to the court for such period as the court specifies any tickets or travel documents in the person’s possession.

(3)

On making an order under subsection (2)(b) or (c), the court may direct the Registrar to give notice of the order to such departments of State, offices, or persons as the court or the Registrar thinks proper.

(4)

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 months, or to a fine not exceeding $2,000 who, being a person against whom an order under subsection (2)(b) is in force, leaves New Zealand, or attempts or does any act with intent to leave New Zealand.

(5)

A person against whom an order under subsection (2) is in force may apply to the court for the discharge of the order, and the court may discharge the order accordingly.

Compare: 1980 No 94 s 134

Section 199(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 199(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).