Reprint as at 1 July 2015

Coat of Arms of New Zealand

Receiverships Act 1993

Public Act
 
1993 No 122
Date of assent
 
28 September 1993
Commencement
 
see section 1(2)
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Business, Innovation, and Employment.

Contents

Title
1Short Title and commencement
2Interpretation
3Public notice
4Application
5Qualifications of receivers
6Appointment of receivers under deeds and agreements
7Extent of power to appoint receiver
8Notice of appointment
9Application of section 92 of Property Law Act 1952 to receivers [Repealed]
10Notice of receivership
11Vacancy in office of receiver
12Obligations of grantor
13Execution of documents
14Powers of receivers
15Power to make calls on shares
16Validity of acts of receivers
17Consent of mortgagee to sale of property
18General duties of receivers
19Duty of receiver selling property
20No defence or indemnity
21Duty in relation to money
22Accounting records
23First report by receiver
24Further reports by receiver
25Extension of time for preparing reports
26Persons entitled to receive reports
27Persons entitled to inspect reports
28Duty to notify suspected offences against other Acts
29Notice of end of receivership
30Preferential claims
30AExtinguishment of subordinate security interests
30BPriorities on distribution by receiver of surplus representing proceeds of personal property
30CSurplus may be paid into court
30DMeaning of surplus and net proceeds
31Powers of receiver on liquidation or bankruptcy
32Liabilities of receiver
33Relief from liability
34Court supervision of receivers
35Court may terminate or limit receivership
36Meaning of failure to comply
37Orders to enforce receiver’s duties
38Special provisions relating to evidence
39Orders protecting property in receivership
40Refusal to supply essential services prohibited
40AInstrument may provide for appointment of receiver
40BPower of court to appoint receiver
40CPowers and duties of receivers
40DConstraints on receiver
40EProtection for receiver
41Repeals
42Act subject to application of Cape Town Convention and Aircraft Protocol
Reprint notes

An Act to reform the law relating to receivers