Distress and Replevin Amendment Act 2004

  • repealed
  • Distress and Replevin Amendment Act 2004: repealed, on 1 January 2008, pursuant to section 366(b) of the Property Law Act 2007 (2007 No 91).

Reprint
as at 1 January 2008

Distress and Replevin Amendment Act 2004

Public Act2004 No 26
Date of assent14 April 2004
  • Distress and Replevin Amendment Act 2004: repealed, on 1 January 2008, pursuant to section 366(b) of the Property Law Act 2007 (2007 No 91).


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.


The Parliament of New Zealand enacts as follows:

1 Title
2 Commencement
  • This Act comes into force on the day after the date on which it receives the Royal assent.

3 New section 4 substituted
  • The principal Act is amended by repealing section 4, and substituting the following section:

    4 Chattels subject to security interest property of tenant or person in possession in certain circumstances
    • (1) This section applies to chattels subject to a security interest that are the property of any tenant or person in possession of any messuages or lands.

      (2) The following chattels to which this section applies are deemed, for the purposes of distress for rent, not to be the property of the tenant or person in possession of the messuages or lands:

      • (a) any motor vehicles:

      • (b) the chattels that are the property of the tenant, if the tenant is a company or a society incorporated under the Incorporated Societies Act 1908:

      • (c) the chattels that are the property of the person in possession of the messuages or lands, if the person is a company or a society incorporated under the Incorporated Societies Act 1908.

      (3) All other chattels to which this section applies are deemed, for the purposes of distress for rent, to be the property of the tenant or person in possession of the messuages or lands if the chattels are found in or on the messuages or lands in respect of which the rent is due at the time the distraint for the rent is made.

      (4) In this section,—

      company means—

      • (a) a company within the meaning of section 2(1) of the Companies Act 1993:

      • (b) an overseas company required, or deemed, to be registered under Part 18 of the Companies Act 1993

      motor vehicle has the same meaning as in section 57 of the Personal Property Securities Act 1999

      security interest has the same meaning as in section 17 of the Personal Property Securities Act 1999.


Contents

  • 1General

  • 2About this eprint

  • 3List of amendments incorporated in this eprint (most recent first)


Notes
1 General
  • This is an eprint of the Distress and Replevin Amendment Act 2004. It incorporates all the amendments to the Act as at 1 January 2008. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

2 About this eprint
  • This eprint has not been officialised. For more information about officialisation, please see Making online legislation official under Status of legislation on this site in the About section of this website.

3 List of amendments incorporated in this eprint (most recent first)