District Courts Amendment Act 2006

  • repealed
  • District Courts Amendment Act 2006: repealed, on 1 January 2018, pursuant to section 240 of the District Court Act 2016 (2016 No 49).

Reprint as at 1 January 2018

District Courts Amendment Act 2006

Public Act
 
2006 No 8
Date of assent
 
9 April 2006
 

District Courts Amendment Act 2006: repealed, on 1 January 2018, pursuant to section 240 of the District Court Act 2016 (2016 No 49).

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this eprint. See the notes at the end of this eprint for further details.

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

This Act amends the District Courts Act 1947.

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.

Eprint notes
1 General

This is an eprint of the District Courts Amendment Act 2006 that incorporates all the amendments to that Act as at the date of the last amendment to it.

2 About this eprint

This eprint is not an official version of the legislation under section 18 of the Legislation Act 2012.

3 Amendments incorporated in this eprint

District Court Act 2016 (2016 No 49): section 240