Insolvency (Personal Insolvency) Regulations 2007

Reprint as at 30 May 2017

Coat of Arms of New Zealand

Insolvency (Personal Insolvency) Regulations 2007

(SR 2007/333)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 29th day of October 2007

Present:
His Excellency the Governor-General in Council

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.

These regulations are administered by the Ministry of Business, Innovation, and Employment.

Pursuant to section 441 of the Insolvency Act 2006, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Contents

1Title
2Commencement
3References to Insolvency Act 2006
4What this Part of regulations does
5List of documents
6Debtor’s statement of affairs
7Application by debtor for automatic adjudication
8Bankrupt’s statement of affairs
9Notice to bankrupt to file statement of affairs
10Bankrupt’s application for Assignee’s consent to enter into business
11Bankrupt’s application for Assignee’s consent to leave New Zealand
12Creditor’s claim form
13Expenses of attending examination
14Assignee’s records and accounts
15Assignee’s bank account
16Publication and advertisement of Assignee’s final statement of receipts and payments [Revoked]
17Assignee not required to incur expense if bankrupt has no available assets
18Assignee’s remuneration
19Time for creditor’s notice of opposition to discharge on ground not specified in Assignee’s report
20Dispute as to claim under composition
21Creditor’s claim after approval of composition
22Resolution accepting proposal
23Notice of hearing of application for approval of proposal
24Chairperson
25Chairperson may adjourn meeting
26Quorum at meetings
27Insolvent must attend meetings
28Attendance by non-creditors
29Trustee must report to meeting
30Minutes and record of meetings
31Who may vote at creditors’ meeting
32Admission or rejection of claims for purposes of voting
33Voting by preferential creditors
34Form of postal vote
35Creditor must submit claim form
36Trustee must notify creditor whether claim accepted or rejected
37Summary of receipts and payments
38Audit of trustee’s accounts and records
39Trustee must produce accounts, etc, for purposes of audit
40Trustee’s fee
41Appointment of new trustee by creditors
42Replacement of trustee by court
43Effect of appointment of new trustee
44Application for summary instalment order
45Notice of application for order
46Time for debtor or creditor to make representations to Assignee
47Time for sending notice of summary instalment order
48Creditor must submit claim form
49Late claim in respect of debt incurred before summary instalment order
50Claim in respect of debt incurred after summary instalment order made
51Variation of order as result of admission of claim under regulation 49 or 50
52Supervisor must notify creditors as to acceptance or rejection of claim
53Assignee may modify or reverse supervisor’s decision to reject creditor’s claim
54Advice to creditors of dividend
55Notice to employer to pay debtor’s earnings to supervisor
56Notice of default under order
57Variation or discharge of summary instalment order
58Notice by supervisor of variation or discharge of order
59Supervisor’s obligations
60Supervisor and debtor must render accounts
61Supervisor must provide Assignee with statement of receipts and payments after discharge of order
62Money received by supervisor
63Payments to creditors
64Supervisor’s remuneration
65Application for entry to no asset procedure
66Means test for entry to no asset procedure
67Assignee’s notice to debtor of admission to no asset procedure
68Assignee’s notice to debtor of termination of debtor’s participation in no asset procedure
69Additional reasons for refusing access to public register or suspending operation of public register
70Additional information in public registers
71How Assignee must advertise document, proceeding, or other step
72How document or notice must be filed or lodged with, or submitted to, the Assignee
73Service of document or notices by Assignee
Gazette Information
Reprint notes