District Courts Act 1947

Before its repeal, this Act was administered by: Ministry of Justice

repealed
District Courts Act 1947: repealed, on 1 January 2018, by section 240 of the District Court Act 2016 (2016 No 49).

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Reprint as at 1 January 2018

District Courts Act 1947

Public Act		1947 No 16
Date of assent		24 October 1947
Commencement		see section 1(2)

District Courts Act 1947: repealed, on 1 January 2018, by section 240 of the District Court Act 2016 (2016 No 49).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.

	Title [Repealed]
1	Short Title and commencement [Repealed]
2	Interpretation [Repealed]
	Part 1 Constitution and administration [Repealed]
	District Courts [Repealed]
3	Courts constituted [Repealed]
4	Appointment of places for holding of courts [Repealed]
4A	Sittings of court at other places [Repealed]
4B	Disputes Tribunals [Repealed]
	District Court Judges [Repealed]
5	Appointment and qualifications [Repealed]
5AA	Judges act on full-time basis but may be authorised to act part-time [Repealed]
5A	Chief District Court Judge [Repealed]
5B	Appointment of jury trial Judges [Repealed]
6	Salaries and allowances [Repealed]
7	Tenure of office [Repealed]
8	Ex officio functions of Judges [Repealed]
9	Assignment and rostering of District Court Judges [Repealed]
10	Acting Judges [Repealed]
10A	Retired Judges may act [Repealed]
11	Jurisdiction of Judge in Chatham Islands [Repealed]
	Community Magistrates [Repealed]
11A	Appointment of Community Magistrates [Repealed]
11B	Right to hold other office and to engage in other employment [Repealed]
11C	Functions and powers of Community Magistrates [Repealed]
11CA	No proceeding against Community Magistrate unless he or she acted without jurisdiction [Repealed]
11CB	No proceeding against Community Magistrate to be commenced in District Court [Repealed]
11CC	Onus of proof [Repealed]
11CD	Plaintiff may be ordered to give security for costs [Repealed]
11CE	Indemnity to Community Magistrate [Repealed]
11D	Chief Community Magistrate [Repealed]
11E	Functions of Chief Community Magistrate [Repealed]
11F	Tenure of office [Repealed]
11G	Remuneration and allowances of Community Magistrates [Repealed]
11H	Retired Community Magistrates [Repealed]
	Registrars [Repealed]
12	Appointment of Registrar [Repealed]
13	Record of proceedings to be kept by Registrar [Repealed]
14	Deputy Registrars [Repealed]
	Bailiffs [Repealed]
15	Appointment of bailiffs [Repealed]
16	Deputy bailiffs [Repealed]
17	Powers and duties of bailiffs [Repealed]
17A	Sections 121, 128, and 129 of Search and Surveillance Act 2012 inapplicable to bailiffs [Repealed]
	Miscellaneous provisions as to officers [Repealed]
18	Penalty for assaulting officers [Repealed]
19	Misconduct of officers [Repealed]
20	Officers of court not to act as solicitors therein [Repealed]
	Sittings [Repealed]
21	Place of sittings [Repealed]
22	Times of sittings [Repealed]
23	Adjourned sittings [Repealed]
	Part 2 Criminal jurisdiction [Repealed]
	Part 2A Criminal jurisdiction in respect of indictable offences [Repealed]
	Part 3 Civil jurisdiction and transfer of proceedings [Repealed]
	Claims founded on contract or tort [Repealed]
29	General jurisdiction in respect of proceedings [Repealed]
30	Money recoverable by statute [Repealed]
31	Extending jurisdiction in actions for recovery of land [Repealed]
32	Landlord’s right where rent is in arrear or premises deserted [Repealed]
33	Jurisdiction as to building societies [Repealed]
	Equity proceedings [Repealed]
34	Equity jurisdiction [Repealed]
	Miscellaneous provisions as to jurisdiction [Repealed]
35	Jurisdiction where title in question [Repealed]
36	Abandonment of part of claim to give court jurisdiction [Repealed]
37	Extension of jurisdiction in admiralty by agreement between the parties [Repealed]
38	Division of cause of action not allowed [Repealed]
39	Proceedings against absent defendant [Repealed]
	Exercise of jurisdiction and ancillary jurisdiction [Repealed]
40	Persons who exercise jurisdiction of court [Repealed]
41	General ancillary jurisdiction [Repealed]
42	Ancillary powers of Judge [Repealed]
42A	Jurisdiction exclusive of interest awarded [Repealed]
	Transfer of proceeding [Repealed]
43	Transfer to High Court of proceeding within jurisdiction [Repealed]
44	Transfer of proceedings beyond jurisdiction [Repealed]
45	Transfer of proceedings where there is a counterclaim [Repealed]
45A	Removal of summary judgment application from District Court to High Court [Repealed]
	Removal of question of law into High Court [Repealed]
45B	Removal of question of law into High Court [Repealed]
46	Transfer of proceeding from High Court to District Court [Repealed]
47	Procedure on transfer of proceeding from High Court to District Court [Repealed]
48	Costs in cases transferred or removed [Repealed]
	Part 4 Procedure
	Parties [Repealed]
49	Trustees, executors, and administrators [Repealed]
50	Amount of wages, etc, for which minor may sue [Repealed]
51	Persons jointly liable [Repealed]
52	Bankruptcy of plaintiff [Repealed]
	Witnesses and evidence [Repealed]
53	Witness entitled to expenses [Repealed]
54	Penalty for neglecting witness summons [Repealed]
55	Examination of witnesses and service of process abroad [Repealed]
56	Persons who may take affidavits, etc [Repealed]
	Discovery [Repealed]
56A	Powers of court exercisable before commencement of proceeding [Repealed]
56B	Power of court to order particular discovery against non-party after proceeding commenced [Repealed]
	Hearing [Repealed]
57	Right of audience [Repealed]
58	Trial by Judge [Repealed]
59	Equity and good conscience [Repealed]
60	Judge to take notes [Repealed]
61	Power of Judge to refer to arbitration [Repealed]
62	Power of Judge to refer to Registrar or referee [Repealed]
62A	Reference by consent [Repealed]
	Judgments and orders [Repealed]
62B	Power of court to award interest on debts and damages [Repealed]
63	Finality of judgments and orders [Repealed]
64	Want of form [Repealed]
65	Payment of judgments and orders [Repealed]
65A	Interest on judgment debts [Repealed]
	Removal of judgments [Repealed]
66	Removal of judgment of District Court into High Court [Repealed]
67	Proceeding in High Court on judgment or order of District Court [Repealed]
68	Removal of judgment or order of High Court into District Court [Repealed]
69	Removal of judgment from one court to another [Repealed]
70	Removal of judgment of abolished court [Repealed]
	Determination of questions concerning rules [Repealed]
70A	Application of rules [Repealed]
	Part 5 Appeals [Repealed]
71	Interpretation [Repealed]
71A	Right to appeal [Repealed]
72	General right of appeal [Repealed]
73	Agreements that decision would be binding [Repealed]
74	Security for appeal [Repealed]
75	Appeals to be by way of rehearing [Repealed]
76	Powers of High Court on appeal [Repealed]
77	Repayment of judgment sum and interest [Repealed]
78	Enforcement proceedings [Repealed]
78A	Right of appeal in respect of contempt of court [Repealed]
	Part 6 Enforcement of judgments [Repealed]
	Enforcement generally [Repealed]
79	Nature of proceedings for enforcement of judgment [Repealed]
79A	Judgment may be enforced in any District Court [Repealed]
80	Enforcement of judgments more than 6 years old [Repealed]
81	Enforcement of order for payment by instalments [Repealed]
82	Proceedings on cross-judgments [Repealed]
83	Power to stay proceedings for enforcement [Repealed]
84	Stay of proceedings on appeal [Repealed]
	Information about judgment debtor’s means [Repealed]
84A	Filing of financial statement [Repealed]
84B	Notice to complete financial statement [Repealed]
84C	Court to request information about judgment debtor’s means [Repealed]
84D	Court may order hearing if information about judgment debtor’s means not provided, etc [Repealed]
84E	Application for financial assessment hearing [Repealed]
84EA	Power to arrest judgment debtor or officer [Repealed]
84EB	Financial assessment hearing [Repealed]
84EC	Orders by court following filing of financial statement, etc [Repealed]
	Attachment orders [Repealed]
84F	Interpretation [Repealed]
84G	Attachment orders [Repealed]
84H	Content of attachment orders [Repealed]
84I	Effect of attachment orders [Repealed]
84J	Liability of employer [Repealed]
84K	Wrongful treatment of employee [Repealed]
84L	Extent to which attachment orders bind the Crown [Repealed]
84M	Variation, suspension, and discharge of attachment orders [Repealed]
	Review of Registrar’s decision [Repealed]
84N	Review of Registrar’s decision [Repealed]
	Contempt [Repealed]
84O	Contempt procedures [Repealed]
84OA	Process for dealing with application for contempt procedures [Repealed]
84OB	Warrant to arrest may be issued if judgment debtor cannot be served or fails to appear at hearing [Repealed]
84P	Application of Part 1 of Legal Services Act 1991 [Repealed]
84Q	Judgment debtor doing community work to be discharged on payment [Repealed]
	Warrants to seize property [Repealed]
85	Warrant to seize property [Repealed]
85A	Immobilisation of motor vehicles [Repealed]
86	Disposal of bills of exchange, etc, seized [Repealed]
87	Penalty for rescue of goods seized [Repealed]
	Sale of goods seized [Repealed]
88	Period to elapse before sale [Repealed]
89	Sale of goods by public auction unless otherwise ordered [Repealed]
90	Protection of bailiff selling goods under execution without notice of claim by third party [Repealed]
91	Procedure when goods seized are secured under bill of sale [Repealed]
91A	Personal property securities register to be checked [Repealed]
	Claims in respect of goods seized [Repealed]
92	Priority of High Court and District Court executions [Repealed]
93	Sale of goods where claim made thereto [Repealed]
94	Third party claim process [Repealed]
95	Claims for rent where goods seized under execution [Repealed]
	Garnishee proceedings [Repealed]
96	Garnishee proceedings [Repealed]
	Charging orders [Repealed]
96A	Charging orders [Repealed]
	Committals [Repealed]
97	Issue and execution of orders or warrants of committal [Repealed]
98	Power of Judge to order discharge [Repealed]
	Warrant for the recovery of land [Repealed]
99	Warrant for the recovery of land [Repealed]
100	Irregularity in execution of warrant can only be sued for as special damage [Repealed]
101	Person illegally obtaining warrant liable for trespass [Repealed]
102	Execution of warrant may be stayed on giving bond [Repealed]
	Recovery of chattels [Repealed]
103	Warrant for the recovery of chattels [Repealed]
104	Further proceedings if chattels not recovered [Repealed]
	Liability and protection of officers [Repealed]
105	Neglect by bailiffs [Repealed]
106	Irregularity in executing warrants [Repealed]
107	Actions against bailiffs acting under warrants [Repealed]
108	Action to be brought within 6 months, and 1 month’s notice to be given [Repealed]
	Service [Repealed]
108A	Service of documents under this Part [Repealed]
108B	Service provisions modified in special cases [Repealed]
	Part 7 Miscellaneous and general [Repealed]
	Writs of arrest [Repealed]
109	Absconding debtors may be held to bail [Repealed]
110	Successful plaintiff entitled to execution, successful defendant entitled to compensation [Repealed]
	Interpleader [Repealed]
111	Interpleader [Repealed]
	Contempt [Repealed]
112	Penalty for contempt of court [Repealed]
	Financial provisions [Repealed]
113	Payment and recovery of fees [Repealed]
114	Enforcement of fines [Repealed]
115	Fines and fees to be paid to Crown Bank Account [Repealed]
	Miscellaneous [Repealed]
116	Prescribed documents to be sealed [Repealed]
116A	Proof of service of documents [Repealed]
117	Subtenant to give notice of proceeding to subtenant’s immediate landlord [Repealed]
118	Actions on lost instruments [Repealed]
119	Immunity of Judges [Repealed]
120	No privilege to solicitors [Repealed]
121	Constables, etc, to assist [Repealed]
122	District Courts Rules [Repealed]
123	Regulations [Repealed]
123AA	Chief executive of Ministry of Justice may approve forms [Repealed]
123A	Reviews of decisions of Registrars concerning fees [Repealed]
124	Application of Act [Repealed]
125	Repeals and savings [Repealed]
	Schedule 1 Criminal Record Book [Repealed]
	Schedule 1A Offences triable in either District Court or High Court and offences triable only in High Court [Repealed]
	Schedule 2 Enactments (repealed by this Act) formerly regulating or providing for matters which can be regulated or provided for by rules [Repealed]
	Schedule 3 Enactments repealed [Repealed]
	District Courts Amendment Act (No 2) 2008
	District Courts (Categorisation of Offences) Regulations 2008
	District Courts Amendment Act 2011
	Reprint notes

Title [Repealed]

Title: repealed, on 1 March 2017, by section 240(1) of the District Court Act 2016 (2016 No 49).

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District Courts Act 1947

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