District Courts Amendment Act 2011

  • repealed
  • District Courts Amendment Act 2011: repealed, on 1 January 2018, pursuant to section 240 of the District Court Act 2016 (2016 No 49).

Reprint as at 1 January 2018

Coat of Arms of New Zealand

District Courts Amendment Act 2011

Public Act
 
2011 No 30
Date of assent
 
22 July 2011
Commencement
 
see section 2

District Courts Amendment Act 2011: repealed, on 1 January 2018, pursuant to section 240 of the District Court Act 2016 (2016 No 49).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 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 Justice.

Contents

1Title
2Commencement
3Principal Act amended
4Interpretation
5Appointment of Registrar
6Deputy Registrars
7Appointment of bailiffs
8Deputy bailiffs
9New section 28I substituted
28IEnforcement of fines
10Section 69 repealed
11Nature of proceedings for enforcement of judgment
12New section 79A inserted
79AJudgment may be enforced in any District Court
13Heading above section 84A substituted
14New sections 84A to 84EC substituted
84AFiling of financial statement
84BNotice to complete financial statement
84CCourt to request information about judgment debtor’s means
84DCourt may order hearing if information about judgment debtor’s means not provided, etc
84EApplication for financial assessment hearing
84EAPower to arrest judgment debtor or officer
84EBFinancial assessment hearing
84ECOrders by court following filing of financial statement, etc
15Interpretation
16New sections 84G and 84H substituted
84GAttachment orders
84HContent of attachment orders
17Effect of attachment orders
18Liability of employer
19New section 84K substituted
84KWrongful treatment of employee
20Extent to which attachment orders bind the Crown
21New section 84M substituted
84MVariation, suspension, and discharge of attachment orders
22Review of Registrar’s decision
23New sections 84O to 84OB substituted
84OContempt procedures
84OAProcess for dealing with application for contempt procedures
84OBWarrant to arrest may be issued if judgment debtor cannot be served or fails to appear at hearing
24Judgment debtor doing community work to be discharged on payment
25Heading above section 85 substituted
26Warrant of distress
27Immobilisation of motor vehicles
28Penalty for rescue of goods seized
29Period to elapse before sale
30Sale of goods by public auction unless otherwise ordered
31Protection of bailiff selling goods under execution without notice of claim by third party
32Procedure when goods seized are secured under bill of sale
33New section 91A inserted
91APersonal property securities register to be checked
34Priority of High Court and District Court executions
35Sale of goods where claim made thereto
36Bailiff’s interpleader
37Further proceedings if chattels not recovered
38New heading and sections 108A and 108B inserted
108AService of documents under this Part
108BService provisions modified in special cases
39Proof of service of documents by officer or constable
40District Courts Rules
41Regulations
42New section 123AA inserted
123AAChief executive of Ministry of Justice may approve forms
43Amendments to other Acts
44Transitional provisions
Reprint notes

The Parliament of New Zealand enacts as follows: