District Courts Amendment Act 2006

District Courts Amendment Act 2006

Public Act2006 No 8
Date of assent9 April 2006

Note

This Act is administered by the Ministry of Justice.


The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the District Courts Amendment Act 2006.

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

3 Principal Act amended
4 Where judgment debtor does not appear at examination or order cannot be served
  • (1) Section 84C(1) is amended by omitting a Judge, or if a Judge is not available, a Registrar, and substituting a Judge or a Registrar.

    (2) Section 84C(2) is amended by repealing paragraph (d) and substituting the following paragraph:

    • (d) if the judgment debtor cannot practicably be brought immediately before a Judge or a Registrar, any member of the police or any bailiff may take the bail bond of the judgment debtor, and Parts 1 to 3 of the Bail Act 2000 apply with any necessary modifications as if the bail bond were taken by a member of the police under section 21(1) of that Act.

5 Interpretation
  • Section 84F is amended by inserting in the definition of salary or wages, after paragraph (a), the following paragraphs:

    • (ab) a bonus or an incentive payment:

    • (ac) a payment of commission:

    • (ad) a payment in consideration of work performed under a contract for services:.

6 Extent to which attachment orders bind the Crown
  • Section 84L(4) is amended by repealing paragraph (a) and substituting the following paragraph:

    • (a) service of the order must be effected by leaving a copy of the order at, or sending a copy of the order by post to,—

      • (i) the District Office of that department nearest to the judgment debtor's place of residence; or

      • (ii) an address notified by the chief executive of that department to the chief executive of the Ministry of Justice; and.

7 Contempt procedures
  • Section 84O(6) is amended by repealing paragraph (c) and substituting the following paragraph:

    • (c) if the judgment debtor cannot practicably be brought immediately before a Judge or a Registrar, any member of the police or any bailiff may take the bail bond of the judgment debtor, and Parts 1 to 3 of the Bail Act 2000 apply with any necessary modifications as if the bail bond were taken by a member of the police under section 21(1) of that Act.

8 Judgment debtor undergoing periodic detention to be discharged on payment
  • The heading to section 84Q is amended by omitting undergoing periodic detention and substituting doing community work.


Legislative history

14 May 2003Introduction (Bill 41-1)
19 June 2003First reading and referral to Law and Order Committee
26 July 2004Reported from Law and Order Committee (Bill 41-2)
14 June 2005, 23 June 2005, 22 March 2006, 28 March 2006Committee of the whole House
28 March 2006Divided from the Courts and Criminal Matters Bill (Bill 41-2) as Bill 41-3C
30 March 2006Third reading