(1) There shall continue to be within New Zealand courts of record, possessing civil and criminal jurisdiction, henceforth to be called District Courts.

(2) Each court shall have a seal, which shall be kept by the Registrar.

(1) The Governor-General may from time to time appoint cities, boroughs, or other places in which courts may be held for the exercise of civil jurisdiction.

(2) The Governor-General may from time to time appoint cities, boroughs, or other places in which courts may be held for the exercise of summary criminal jurisdiction under the Summary Proceedings Act 1957.

(2A) The Governor-General may from time to time appoint cities, boroughs, or other places in which courts may be held for the exercise of criminal jurisdiction in respect of indictable offences under Part 2A.

(3) The Governor-General may from time to time authorize any court held in any city, borough, or other place appointed under the last preceding subsection to deal with any specified class of matters not within the criminal jurisdiction of the court.

(4) Notwithstanding anything in the foregoing provisions of this section a Judge may hold or direct the holding of a particular sitting of a court at any place he deems convenient.

(5) The Governor-General may at any time in like manner amend or revoke any appointment or authorization made under the provisions of this section.

(1) Where any civil or summary criminal proceedings are pending in any court the party issuing the proceedings may, or if the proceedings are to be defended, or if a Judge has directed either generally or specifically that the attendance of a party is required, then any party may, apply to the court for the proceedings to be heard at any other convenient place. A further application may, from time to time, be made for the hearing to be continued or completed in any other place.

(2) If a Judge is satisfied that in all the circumstances as between the parties the proceedings could be more conveniently or fairly heard or continued to be heard at some place, other than in a court appointed under this Act, and that suitable accommodation for a hearing at such place is available the Judge shall, unless for special reasons relating to the particular proceedings he directs otherwise, make an order, upon such terms and conditions as he thinks fit, that the proceedings be heard or be continued to be heard at a sitting of the court held at that other place and may at that time, or at any subsequent time, fix a date and time for any such hearing.

(3) With the consent of all parties an order under this provision may be made by the Registrar.

(4) At all times any such proceedings shall be heard and determined as proceedings of the court and at the conclusion of any such hearing the papers shall be returned and the result and any necessary minutes recorded in the books of the court.

(5) This section shall have effect notwithstanding the provisions of section 4, but nothing in this section shall limit the power of the court to transfer proceedings to another court.

(1) A court constituted under section 4 shall have a division for the hearing and determination of claims within the meaning of the Disputes Tribunals Act 1988 where, under section 4(4) of that Act, the notice establishing a Disputes Tribunal so provides.

(2) Notwithstanding subsection (1), the jurisdiction of a Disputes Tribunal shall be limited to such as is conferred on it by the Disputes Tribunals Act 1988, or by any other enactment, and except as provided in that Act, or in any other enactment, no provision of this Act or of any rules or regulations made under this Act shall apply to a Disputes Tribunal.

(1) The Governor-General may from time to time, by warrant under his hand, appoint fit and proper persons to be District Court Judges to exercise civil and criminal jurisdiction within New Zealand.

(2) The maximum number of Judges is 156.

(2A) For the purposes of subsection (2),—

• (a) a Judge who is acting on a full-time basis counts as 1:

• (b) a Judge who is acting on a part-time basis counts as an appropriate fraction of 1:

• (c) the aggregate number (for example, 139.5) must not exceed the maximum number of Judges that is for the time being permitted.

(2B) Subsection (2) is subject to sections 10 and 10A.

(3) No person shall be appointed a Judge unless—

• (a) he has held a practising certificate as a barrister or solicitor for at least 7 years; or

• (b) he has been continuously employed as an officer of the responsible department or Ministry of Justice for a period of at least 10 years, and during that period has been employed for not less than 7 years as the Clerk or Registrar of a court, and is a barrister or solicitor who has been qualified for admission, or admitted, as such for not less than 7 years.

(4) A Judge must not undertake any other paid employment or hold any other office (whether paid or not) unless the Chief District Court Judge is satisfied that the employment or other office is compatible with judicial office.

(5) No Judge shall practise as a barrister or solicitor.

(1) A person acts as a Judge on a full-time basis unless he or she is authorised by the Attorney-General to act on a part-time basis.

(2) The Attorney-General may, in accordance with subsection (4), authorise a Judge appointed under section 5 or section 5A to act on a part-time basis for any specified period.

(3) To avoid doubt, an authorisation under subsection (2) may take effect as from a Judge's appointment or at any other time, and may be given more than once in respect of the same Judge.

(4) The Attorney-General may authorise a Judge to act on a part-time basis only—

• (a) on the request of the Judge; and

• (b) with the concurrence of the Chief District Court Judge (after consultation with the Principal Environment Judge if the request is from an Environment Judge).

(5) In considering whether to concur under subsection (4)(b), the Chief District Court Judge must have regard to the ability of the court to discharge its obligations in an orderly and expeditious way.

(6) A Judge who is authorised to act on a part-time basis must resume acting on a full-time basis at the end of the authorised part-time period.

(7) The basis on which a Judge acts must not be altered during the term of the Judge's appointment without the Judge's consent, but consent under this subsection is not necessary if the alteration is required by subsection (6).

(8) This section applies to persons who hold office as District Court Judges regardless of whether they act as District Court Judges, as Environment Judges, or in any other judicial office.

(1) The Governor-General shall from time to time, by warrant under his hand, appoint a Chief District Court Judge.

(2) Subject to subsection (3), the Chief District Court Judge shall hold that office so long as he holds office as a Judge.

(3) With the prior approval of the Governor-General, the Chief District Court Judge may resign that office without resigning his office as a Judge.

(4) Whenever by reason of illness, absence from New Zealand, or any other cause the Chief District Court Judge is prevented from exercising the duties of his office, the Governor-General may, by writing under his hand, appoint 1 of the other Judges to act as Chief District Court Judge until the Chief District Court Judge resumes his duties, and during that period to execute the duties of that office and to exercise all powers that may be lawfully exercised by the Chief District Court Judge.

(1) There must be paid to the Chief District Court Judge, to the Principal Environment Judge, to the Principal Family Court Judge, to the Principal Youth Court Judge, and to the other Judges, out of public money, without further appropriation than this section,—

• (a) salaries at the rates from time to time determined by the Remuneration Authority; and

• (b) the allowances from time to time determined by the Remuneration Authority; and

• (c) the additional allowances, being travelling allowances or incidental or minor allowances, from time to time determined by the Governor-General.

(2) The salary of a Judge shall not be diminished during the continuance of the Judge's appointment.

(2A) The salary and allowances payable for a period during which a Judge acts on a part-time basis must be calculated and paid as a pro-rata proportion of the salary and allowances for a full-time equivalent position.

(2B) If a principal Judge ceases to hold the position of principal Judge but continues to hold office as a Judge, the salary and allowances of the Judge may be reduced by the amount of any salary or allowances that the person received solely because of being the principal Judge.

(2C) For the purpose of subsection (2), the payment of salary and allowances on a pro-rata basis under subsection (2A) or the payment of reduced salary and allowances under subsection (2B) is not a diminution of salary.

(3) Subject to the Remuneration Authority Act 1977, any determination made under subsection (1) of this section, and any provision of any such determination, may be made so as to come into force on a date to be specified in that behalf in the determination, being the date of the making of the determination or any other date, whether before or after the date of the making of the determination or the date of the commencement of this section.

(4) Every such determination, and every provision of any such determination, in respect of which no date is specified as aforesaid shall come into force on the date of the making of the determination.

(1) The Governor-General may, if he thinks fit, remove a Judge for inability or misbehaviour.

(1A) To avoid doubt, a Judge may be removed under subsection (1) for inability or misbehaviour related to the exercise, contemplated by section 8(d), of the judicial authority conferred on a coroner by the Coroners Act 2006.

(2) Every Judge shall retire from office on attaining the age of 70 years.

Every Judge, by virtue of his office,—

• (a) shall be a Justice of the Peace for New Zealand:

• (b) shall, though sitting alone, have all such powers, functions, and discretions, unless otherwise specially provided, as now are or hereafter may be exercised by 2 Justices:

• (c) shall have full power to do alone whatever is authorized to be done by 2 Justices under the Summary Proceedings Act 1957, or under any other Act now or hereafter in force in New Zealand:

• (d) shall be a Coroner for New Zealand.

(1) The Chief District Court Judge shall be responsible for ensuring the orderly and expeditious discharge of the business of District Courts throughout New Zealand, and accordingly may, after consultation with the Principal Family Court Judge and the Principal Youth Court Judge, give all such directions as are contemplated by subsection (2).

(2) Each Judge shall sit in such jurisdictions at such times as the Chief District Court Judge may from time to time direct.

(3) The fact that a Judge sits in any particular court shall be conclusive evidence of his or her authority so to do, and no exercise of any jurisdiction or power by a Judge shall be questioned on the ground that he or she was not authorised to sit in the court where the jurisdiction or power was so exercised.

(4) The reference in subsection (2) to jurisdictions means—

• (a) the ordinary civil and criminal jurisdiction of District Courts, including common law and equitable jurisdiction and admiralty jurisdiction:

• (b) the specialist jurisdiction of District Courts by virtue of the constitution of Family Courts and Youth Courts as divisions of District Courts.

(5) For the avoidance of doubt, it is hereby declared that the power conferred by this section on the Chief District Court Judge does not include the power to give directions in relation to any District Court Judge who for the time being presides over, or holds office as a member of, or holds office as, a tribunal.

(1) The Governor-General may at any time during the illness or absence of any Judge, or for any other temporary purpose, by warrant under his hand appoint 1 or more Judges to hold office for such time as is specified in the said warrant. Every such Judge shall be paid such salary, not exceeding the amount payable by law to Judges, as may be appropriated by Parliament for the purpose.

(2) No person shall be appointed as a Judge under this section unless he is eligible for appointment as a Judge pursuant to section 5, save that a person otherwise qualified who has attained the age of 70 years (including a Judge who has retired after attaining that age) may be appointed as a Judge under this section for a period not exceeding 12 months, or for 2 or more periods not exceeding 4 years in the aggregate.

(1) Any person who has retired from office as a Judge on attaining the age of 70 years, or who has sooner resigned, may be appointed from time to time as an acting Judge by the Governor-General by warrant under his hand.

(1A) Notwithstanding section 28B, any person so appointed may, at the same time or at any subsequent time during the term of his appointment, be appointed to exercise the criminal jurisdiction of the courts under Part 2A; and any such appointment shall take effect during any period when, and in any place where, that person is entitled under subsection (4) to act as a Judge.

(2) Notwithstanding the provisions of section 435 of the Children, Young Persons, and Their Families Act 1989, any person so appointed may at the same time or at any subsequent time during the term of that person's appointment be designated as a Youth Court Judge, and any such designation shall take effect during any period when and in any place where pursuant to subsection (4) that person is entitled to act as a Judge.

(3) Each such appointment shall be for a term not exceeding 2 years or, if the person has attained the age of 72 years, not exceeding 12 months.

(4) During the term of the warrant, the person so appointed may act as a District Court Judge during such period or periods only and in such place or places only as the Chief District Court Judge may fix.

(5) Every acting Judge so appointed shall, during the period when he acts as a Judge, but not otherwise, be paid a salary at the rate for the time being prescribed for Judges under section 6 and during that period he shall have all the jurisdiction, powers, protections, privileges, and immunities of a Judge.

(1) The Governor-General may from time to time by warrant under his hand appoint a fit person to be a Judge to exercise criminal and civil jurisdiction, other than the jurisdiction conferred by Part 2A, in the Chatham Islands.

(2) A Judge so appointed shall hold office during the pleasure of the Governor-General, and shall receive in each and every year such salary as is from time to time appropriated for the purpose by Parliament.

(3) Subsections (1) to (5) of section 5 and sections 6 and 7 shall not apply to a Judge appointed under this section, but except as aforesaid this Act shall apply to such a Judge.

(1) The Governor-General may from time to time, by warrant under the Governor-General's hand and on the advice of the Minister of Justice, appoint to be Community Magistrates such of the persons qualified for appointment as the Governor-General, on the advice of the Minister, thinks fit.

(2) A person is qualified for appointment as a Community Magistrate only if that person—

• (a) is capable, by reason of that person's personal qualities, experience, and skills, of performing the functions of a Community Magistrate; and

• (b) has been designated, in accordance with a selection process prescribed by regulations made under section 123, as a person qualified for appointment as a Community Magistrate.

(3) The Minister must, before giving advice in relation to any appointment under subsection (1), consult with such persons as the Minister considers appropriate.

(1) Subject to subsection (2), a Community Magistrate may—

• (a) hold any other office; and

• (b) engage in any other employment or calling—

that, in the opinion of the Governor-General, will not impair the proper discharge of the functions of a Community Magistrate.

(2) No Community Magistrate may—

• (a) hold a current practising certificate under the Law Practitioners Act 1982; or

• (b) hold office as a constable or as a traffic officer; or

• (c) hold office as an employee of the Public Service who is employed—

  • (i) in the Ministry of Justice; or

  • (ii) in the Department of Corrections; or

  • (iii) [Repealed]

  • (iv) as an officer of the High Court or of a District Court; or

• (d) be a party to a prison management contract entered into under section 198(1) of the Corrections Act 2004 or to a security contract entered into under section 166 of the Corrections Act 2004; or

• (e) be a security officer within the meaning of section 3(1) of the Corrections Act 2004; or

• (f) be a social worker within the meaning of section 2(1) of the Children, Young Persons, and Their Families Act 1989.

(1) The functions and powers of Community Magistrates are to carry out such functions and powers as are conferred on Community Magistrates—

• (a) by the Summary Proceedings Act 1957; or

• (b) by the Summary Offences Act 1981; or

• (c) by any other enactment.

(2) Each Community Magistrate is to sit in such courts at such times as the Chief District Court Judge may from time to time direct after consultation with—

• (a) the Chief Community Magistrate; or

• (b) if the office of Chief Community Magistrate is vacant, such other Community Magistrate as the Chief District Court Judge thinks fit.

(3) The fact that a Community Magistrate sits in any particular court is conclusive evidence of his or her authority to do so.

(1) The Governor-General may from time to time, by warrant under the Governor-General's hand and on the advice of the Minister of Justice, appoint a Chief Community Magistrate.

(2) No person may be appointed as Chief Community Magistrate unless that person has held a practising certificate as a barrister or solicitor for at least 5 years.

(3) The criteria and procedures for appointment of a person as Chief Community Magistrate may be prescribed by regulations made under section 123; but the failure to make any such regulations does not preclude the appointment of a person as Chief Community Magistrate.

(4) Subject to subsection (5), the Chief Community Magistrate holds office so long as he or she holds office as a Community Magistrate.

(5) With the prior approval of the Governor-General, the Chief Community Magistrate may resign that office without resigning his or her office as a Community Magistrate.

(6) Whenever by reason of illness, absence from New Zealand, or any other cause the Chief Community Magistrate is prevented from exercising the duties of his or her office, the Governor-General may, by writing under his or her hand, appoint 1 of the other Community Magistrates to act as Chief Community Magistrate until the Chief Community Magistrate resumes his or her duties and, during that period, to execute the duties of that office and to exercise all powers that may be lawfully exercised by the Chief Community Magistrate.

(1) The functions of the Chief Community Magistrate include—

• (a) the undertaking of appropriate measures to ensure that the integrity of the office of Community Magistrate is maintained and that the Community Magistrates operate effectively and efficiently within the framework of the District Courts:

• (b) such other functions as are conferred on the Chief Community Magistrate by regulations made under section 123 or by any other enactment.

(2) Without limiting the generality of subsection (1), the Chief Community Magistrate—

• (a) may sit as a Community Magistrate and exercise the jurisdiction specified in this Act:

• (b) is to be consulted by the Chief District Court Judge, in accordance with section 11C(2), with regard to the rostering of Community Magistrates:

• (c) may be involved in the design and implementation of training programmes for Community Magistrates in consultation with the Ministry of Justice and the Chief District Court Judge:

• (d) may, where appropriate, liaise with interested persons on matters affecting the office of Community Magistrate.

(1) Every Community Magistrate must retire from office on attaining the age of 70 years.

(2) The Governor-General may remove a Community Magistrate from office for neglect of duty, inability, disability affecting performance of duty, bankruptcy, or misconduct, proved to the satisfaction of the Governor-General.

(3) Any Community Magistrate may at any time resign the office of Community Magistrate by notice in writing addressed to the Minister of Justice.

(1) There is to be paid to the Chief Community Magistrate, out of public money,—

• (a) remuneration by way of salary, fees, or allowances at such rate as is determined from time to time by the Remuneration Authority in accordance with the Remuneration Authority Act 1977; and

• (b) such additional allowances, being travelling allowances or other incidental or minor allowances, as may be determined from time to time by the Governor-General by Order in Council.

(2) There is to be paid to each Community Magistrate (other than the Chief Community Magistrate), out of public money,—

• (a) remuneration by way of fees, salary, or allowances at such rates as are determined from time to time by the Governor-General by Order in Council; and

• (b) such additional allowances, being travelling allowances or incidental or minor allowances, as may be determined from time to time by the Governor-General by Order in Council.

(3) The remuneration of a Community Magistrate is not to be diminished during the continuance of the Community Magistrate's appointment.

(4) Any Order in Council made under subsection (1)(b) or subsection (2), and any provision of any such order, may be made so as to come into force on a date to be specified in that behalf in the order, being the date of the making of the order or any other date, whether before or after the date of the making of the order.

(5) Every such Order in Council, and any provision of any such order, in respect of which no date is specified as aforesaid, comes into force on the date of the making of the order.

(6) Every Order in Council made under subsection (1)(b) or subsection (2) is deemed to be a regulation for the purposes of the Acts and Regulations Publication Act 1989 but not for the purposes of the Regulations (Disallowance) Act 1989.

(1) Any person who has retired from office as a Community Magistrate on attaining the age of 70 years, or who has sooner resigned, may be appointed as an acting Community Magistrate by the Governor-General on the advice of the Minister of Justice.

(2) Each acting Community Magistrate must be appointed for a stated term that—

• (a) is not more than the time until the Community Magistrate will reach the age of 73 years:

• (b) in any case, is not more than 24 months.

(3) During the term of the warrant, the person appointed may act as a Community Magistrate only during the period or periods that the Chief District Court Judge may direct after consultation with—

• (a) the Chief Community Magistrate; or

• (b) if the office of Chief Community Magistrate is vacant, any other Community Magistrate that the Chief District Court Judge thinks fit.

(4) An acting Community Magistrate must, in respect of any period during which he or she acts as a Community Magistrate, but not otherwise, be paid remuneration and allowances at the rate for the time being prescribed for Community Magistrates under section 11G.

(5) While an acting Community Magistrate appointed under this section acts as a Community Magistrate, but not otherwise, he or she has all the jurisdiction, powers, protections, privileges, and immunities of a Community Magistrate.

(1) There shall from time to time be appointed for each court a Registrar.

(2) One person may be appointed Registrar for 2 or more courts.

(2A) A person who is appointed as a Registrar may exercise the powers and perform the functions and duties of the Registrar of any District Court.

(3) Each person who on the commencement of this Act holds office as the Clerk of any court shall without further appointment be deemed to have been appointed Registrar of that court.

(4) All references to a Clerk of any court in any Act, rule, regulation, or other enactment, or in any judgment, order, contract, agreement, or other document whatsoever, shall, unless inconsistent with the context, be hereafter read as references to the Registrar of that court.

(1) The Registrar of each court shall keep or cause to be kept such records of and in relation to proceedings in the court as may be prescribed by the chief executive of the Ministry of Justice.

(2) Any entry in a book or other document required by the rules to be kept by the Registrar, or a copy thereof or extract therefrom sealed with the seal of the court and purporting to be signed and certified as a true copy or correct extract by the Registrar, shall at all times without further proof be admitted in all courts and places whatsoever as evidence of the entry and of the proceeding referred to thereby and of the regularity of that proceeding.

(3) If the existence of a record of the court is in dispute the existence of such record shall be determined by the court.

(1) There may be from time to time appointed in respect of any court 1 or more Deputy Registrars of the court. Each person who on the commencement of this Act holds office as an Assistant Clerk of any court shall without further appointment be deemed to have been appointed Deputy Registrar of that court.

(1A) A person who is appointed as a Deputy Registrar may exercise the powers and perform the functions and duties of a Deputy Registrar of any District Court.

(2) In any case where the Registrar or Deputy Registrar has died or is prevented by illness or other cause from acting in his office, a Judge may appoint a Deputy Registrar to act for such period as the Judge thinks fit. A Judge may at his pleasure remove any such Deputy Registrar.

(3) Except as may be provided by the rules, each Deputy Registrar shall, both under this Act and under any other Act, have the same powers and privileges, perform the same duties, and be subject to the same provisions and penalties as if he were the Registrar for the time being, whether those powers, privileges, duties, provisions, or penalties are conferred, imposed, or enacted under this Act or that other Act, or not.

(1) There shall be a bailiff or such bailiffs for each court as may be necessary, who shall be appointed from time to time.

(1A) A person who is appointed as a bailiff may exercise the powers and perform the functions and duties of a bailiff of any District Court.

(2) A Judge may appoint a constable or other person to act for a particular occasion as bailiff at any court or place.

(3) Whenever any summons, writ, warrant, or other process issued under the authority of this Act is received by any constable for service or execution, the constable in the service or execution of the process shall for all the purposes of this Act be deemed to be a bailiff duly appointed under the provisions of this section.

(1) A Judge may from time to time appoint a deputy to act for a bailiff, when he is prevented by illness or other cause from acting in his office, and in the case of the death of a bailiff may appoint a deputy to act in the place of the bailiff until another appointment is made, and may remove any such deputy at his pleasure.

(1A) A person who is appointed as a deputy bailiff may exercise the powers and perform the functions and duties of a deputy bailiff of any District Court.

(2) Any deputy appointed as aforesaid, while acting under such appointment, shall, both under this Act and under any other Act, have the same powers and privileges, perform the same duties, and be subject to the same provisions and penalties as if he were the bailiff for the time being, whether those powers, privileges, duties, provisions, or penalties are conferred, imposed, or enacted under this Act or that other Act, or not.

(1) Every bailiff shall—

• (a) have the powers of a constable and take the oath in either of the forms set out in subsection (3) before any Justice:

• (b) attend each sitting of the court to which he is appointed for such time as is required, unless his presence is excused by the court:

• (c) serve all summonses and orders and execute all warrants issued out of any court and coming to his hands for the purpose of service or execution, or may authorize any person to act for him in effecting any such service or execution:

• (d) conform to all rules and regulations affecting the execution of his office, and in other respects be subject to the directions of the Judge or Registrar:

• (e) be answerable for all acts and defaults of himself and those acting under him and by his authority, in like manner as any Sheriff in New Zealand is responsible for the acts and defaults of himself and his officers.

(2) In executing any process of the court the bailiff shall have such powers and be subject to such liabilities as a Sheriff has or is subject to in like cases in executing the process of the High Court.

(3) The oath referred to in subsection (1)(a) is as follows:

“English form

“I, [name], swear that I will faithfully and diligently serve Her (or His) Majesty [specify the name of the reigning Sovereign, as in: Queen Elizabeth the Second], Queen (or King) of New Zealand, her (or his) heirs and successors, as a bailiff at [place], without favour or affection, malice or ill-will. While I hold this office I will, to the best of my power, keep the peace and prevent offences against the peace and will, to the best of my skill and knowledge, perform all the duties of the office of bailiff according to law. So help me God.

“Māori form

“Tēnei au, a [ingoa], e kī taurangi nei, ka rato pirihonga, urupū hoki ahau i Ia Arikinui [tohua te ingoa o te Arikinui kei runga i te torona, pērā ki a Kuini Irahāpeti te Tuarua], Kuini (Kīngi rānei) o Niu Tīreni, me ōna uri whakaheke, hei kaituku hāmene ki [wāhi] i roto i te kore tautoko, kore aroha rānei, kore mahi kino, kore whakaaro kino rānei. I te wā ke tēnei tūranga ahau ka pōkaikaha ahau ki te hohou i te rongo me te kaupare atu i nga mahi kotikoti i te rongo, ā, i roto i ōku tino pūkenga me ōku mōhio, ka whakatutuki i ngā mahi kua whakaritea hei mahi mā te kaituku hāmene, e ai ki te ture. Nō reira, āwhina mai i ahau e te Atua.”

Sections 121, 128, and 129 of the Search and Surveillance Act 2012 (which relate to a general power to stop vehicles) do not apply to any bailiff.

If any person assaults an officer of a court while in the execution of his duty, that person shall be liable, on an order made by a Judge in that behalf, to a fine not exceeding $300, and the bailiff or any constable may take him into custody, with or without warrant, and bring him before a Judge:

provided that nothing in this section shall be deemed to prevent proceedings in respect of that assault being taken against that person under some other Act instead of under this section.

(1) If any officer of a court is charged—

• (a) with extortion or misconduct while acting under colour or pretence of the process of the court; or

• (b) with not duly paying or accounting for any money levied or received by him under the authority of this Act,—

it shall be lawful for a Judge to inquire into the matter in a summary way.

(2) For the purpose of any such inquiry as aforesaid, the Judge may summon and enforce the attendance of all necessary parties in like manner as the attendance of witnesses in any action may be enforced.

(3) On the inquiry the Judge may make such order as he thinks just for the repayment of any money extorted or the due payment of any money levied, and for the payment of damages and costs, and also, if he thinks fit, may impose such fine upon the officer, not exceeding $300 for each offence, as appears to him to be adequate.

(1) Except as provided by this Act or the rules or by any other enactment, no officer of a court shall be directly or indirectly engaged as solicitor or agent for any party in any proceedings in any court.

(2) Every person who contravenes the provisions of this section shall, for each offence, be liable on summary conviction to a fine not exceeding $150.

(1) Regular sittings of the courts for the despatch of civil business may be held in the courthouse in any city, borough, or other place appointed under subsection (1) of section 4.

(2) Special or adjourned sittings for the despatch of civil business may be held in any such courthouse as aforesaid or in any other place wheresoever which the Judge deems convenient.

(3) Sittings for the despatch of summary criminal business by the courts may be held in the courthouse in any city, borough, or place appointed under subsection (2) of section 4, or in any other place wheresoever which the Judge or the Justice or Justices or the Community Magistrate or Community Magistrates constituting the court deem convenient.

(4) Sittings for the conduct of trials on indictment may be held in a courthouse in any city, borough, or place appointed for the purpose under section 4(2A).

(1) Sittings for the despatch of civil business and sittings for the despatch of criminal business shall be held on such days and at such times as may be appointed by the Judge exercising jurisdiction at the place in which the sittings are held:

provided that the days appointed for regular sittings shall be subject to the approval of the Chief District Court Judge.

(2) Nothing in this section shall derogate from the power of the Judge or any Justices or any Community Magistrate or Community Magistrates to hold sittings on any day or at any time for the disposal of criminal business.

(1) A Judge may from time to time adjourn any court held by him.

(2) If for any cause a sitting of the court in the exercise of its civil or criminal jurisdiction cannot be held upon a day appointed by reason of the absence of the Judge or otherwise, the Registrar, after exercising any powers which he is authorized to exercise by or under this Act or any other enactment, may adjourn the court to such day as he thinks convenient.

(1) A court that is sitting at a place appointed under section 4(2A) and is presided over by a trial Judge has jurisdiction under this Part in respect of the following offences:

• (a) any offence for which the accused elects under section 66 of the Summary Proceedings Act 1957 to be tried by a jury:

• (b) all indictable offences under any enactment (other than the offences referred to in Parts 1 and 2 of Schedule 1A):

• (c) the indictable offences referred to in Part 1 of Schedule 1A, in any case where—

  • (i) the proceedings are transferred to the court under section 184Q of the Summary Proceedings Act 1957; or

  • (ii) a person pleads guilty under section 160 or 184J of the Summary Proceedings Act 1957, before he or she is committed for trial or sentence for any such offence:

• (d) conspiring to commit an indictable offence to which paragraph (b) or (c) applies:

• (e) attempting to commit an indictable offence to which paragraph (b) or (c) applies, or inciting or counselling or attempting to procure any person to commit any such offence, which is not committed:

• (f) being an accessory after the fact to any indictable offence to which paragraph (b) or (c) applies.

(2) Notwithstanding anything in any of paragraphs (c) to (f) of subsection (1), a court shall not have jurisdiction under this Part to try a person charged with an offence against any of sections 109, 113, 115, 116, and 117 of the Crimes Act 1961 if the charge relates to proceedings that were held in the High Court.

(3) Despite subsection (1), a court does not have jurisdiction to try a person charged with a stage-3 offence (within the meaning of section 86A of the Sentencing Act 2002).

(1) The Governor-General shall from time to time, by warrant under his hand, appoint sufficient trial Judges to exercise the criminal jurisdiction of the courts under this Part.

(2) Nothing in this Part shall limit or affect the power of a trial Judge to exercise any of the other jurisdictions of the courts or the powers of a Judge.

(1) Subject to sections 361B to 361E of the Crimes Act 1961, every trial upon indictment under this Part shall be held before a trial Judge and a jury of 12 persons.

(2) The provisions of the Juries Act 1981, so far as they are applicable and with the necessary modifications, shall apply to every such trial.

(3) Where any person is committed to a District Court for trial, the provisions of Parts 12 and 13 of the Crimes Act 1961, so far as they are applicable and with the necessary modifications, shall apply until the matter is finally disposed of.

(1) Any court exercising jurisdiction under this Part may summons witnesses; and sections 20 and 26 to 29 of the Summary Proceedings Act 1957, with any necessary modifications, shall apply.

(2) Any court exercising jurisdiction under this Part may adjourn any trial and grant the accused person bail; and section 46 of the Summary Proceedings Act 1957 and sections 28 to 34 of the Bail Act 2000, with any necessary modifications, shall apply.

(2A) Where, by virtue of subsection (2) or of any of the provisions applied by that subsection, an accused person is granted or refused bail, or any District Court Judge varies or revokes or substitutes or imposes any condition of bail, or refuses to vary or revoke or substitute or impose any condition of bail, the provisions of sections 41 and 42 of the Bail Act 2000, as far as they are applicable and with all necessary modifications, shall apply accordingly.

(2B) Where a court makes an order under section 200, 202, or 205 of the Criminal Procedure Act 2011 or refuses to make any such order, either the prosecutor or the applicant may appeal to the High Court against the making of that order or refusal; and the provisions of section 115C of the Summary Proceedings Act 1957, as far as they are applicable and with all necessary modifications, shall apply accordingly.

(3) Any court exercising jurisdiction under this Part may grant leave to the defendant to withdraw a plea of guilty at any time before he has been sentenced or otherwise dealt with.

(1) This subsection applies to any case where—

• (a) a person is found guilty on indictment in a District Court; or

• (b) a person who has been committed to a District Court for trial, or whose trial has been transferred to a District Court by order made under section 184Q of the Summary Proceedings Act 1957, pleads guilty—

  • (i) under section 321 of the Crimes Act 1961, at any time before the commencement of the trial; or

  • (ii) under section 356 of that Act, either when called upon to plead or subsequently during the trial.

(2) In any case to which subsection (1) applies, the court may sentence the person to imprisonment or a fine or both, not exceeding,—

• (a) in the case of imprisonment, the maximum term prescribed by law; or

• (b) in the case of a fine, the maximum amount prescribed by law or, if no maximum amount is so prescribed, $10,000.

(3) This subsection applies to any case where—

• (a) a person pleads guilty under section 160 or 184J of the Summary Proceedings Act 1957, to—

  • (i) any offence for which the accused elects trial by jury under section 66 of the Summary Proceedings Act 1957; or

  • (ii) any indictable offence under any enactment (other than the offences referred to in Part 2 of Schedule 1A); or

  • (iii) any offence to which section 28A(1)(d), (e), or (f) applies; and

• (b) the court accepts jurisdiction.

(4) In any case to which subsection (3) applies,—

• (a) any trial Judge may sentence the person to imprisonment or a fine or both, not exceeding,—

  • (i) in the case of imprisonment, the maximum term prescribed by law; or

  • (ii) in the case of a fine, the maximum amount prescribed by law or, if no maximum amount is so prescribed, $10,000:

• (b) any Judge who is not a trial Judge may sentence the person to imprisonment or a fine or both, not exceeding the maximum term or amount prescribed by section 7 of the Summary Proceedings Act 1957.

(5) Despite subsections (1) to (4), a court does not have jurisdiction to impose a sentence in respect of a stage-3 offence (within the meaning of section 86A of the Sentencing Act 2002).

Notwithstanding section 28F, in any case to which that section would otherwise apply, the Judge may decline to sentence the offender under that section and instead commit him to the High Court for sentence; and sections 184K, 184L, and 184T of the Summary Proceedings Act 1957, with any necessary modifications, shall apply.

(1) This section applies in any case where a sentence is imposed under section 28F(4).

(2) If this section applies, then,—

• (a) in any case where the sentence imposed exceeds the maximum term of imprisonment or the maximum fine that may be imposed by a District Court Judge under section 7 of the Summary Proceedings Act 1957 (which is a term of imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both),—

  • (i) the person sentenced may appeal to the Court of Appeal under section 383(1A) of the Crimes Act 1961; and

  • (ii) the Solicitor-General may appeal, with the leave of the Court of Appeal, to the Court of Appeal under section 383(2A) of the Crimes Act 1961; and

• (b) in any other case,—

  • (i) the person sentenced may appeal to the High Court under section 115(2A) of the Summary Proceedings Act 1957; and

  • (ii) the informant, with the consent of the Solicitor-General given under section 115A(2) of the Summary Proceedings Act 1957, may appeal against the sentence to the High Court under section 115A(1A) of the Summary Proceedings Act 1957.

(2A) This section is subject to section 384A of the Crimes Act 1961.

(1) If a court exercising jurisdiction under this Part imposes 1 or more fines, Part 3 of the Summary Proceedings Act 1957 applies subject to any necessary modifications and subject to the modification in subsection (2).

(2) Despite section 90 of the Summary Proceedings Act 1957, the period of imprisonment that the court may impose on the offender for the non-payment of the fine or fines must not exceed, for each fine, the lesser of—

• (a) the maximum term of imprisonment to which the offender was liable on conviction; or

• (b) a period of 2 years.

(3) In this section, fine has the meaning given to it in section 79 of the Summary Proceedings Act 1957.

(1) Where any person is committed under section 184N of the Summary Proceedings Act 1957 to a District Court for trial, or where proceedings have been transferred to a District Court for trial by order made under section 184Q of that Act, the accused person or the prosecutor may, either before or after an indictment is presented, apply to a Judge of the High Court for an order directing that the person be tried in the High Court.

(2) If it appears to the Judge, after giving the accused person and the prosecutor reasonable opportunity to be heard on the matter, that the accused person should be tried in the High Court, he may order that the proceedings be transferred to the High Court for the trial of the accused person at the place specified in the order.

(3) Notwithstanding subsections (1) and (2), if a Judge of the High Court is satisfied that an indictment pending in a District Court in any city, borough, or other place is ready for trial and that it may be more expeditiously dealt with at a sitting of the High Court at that city, borough, or place, he may, with the consent of the accused person and the prosecutor, order that the proceedings be transferred to the High Court for the trial of the accused person at the place specified in the order.

(4) Where an order is made under this section, sections 322 to 326 of the Crimes Act 1961, with any necessary modifications, shall apply as if the District Court were the court of committal and the High Court were the substituted court.

(1) The courts shall have jurisdiction to hear and determine any proceeding where the debt, demand, or damages, or the value of the chattels claimed, is not more than $200,000, whether on balance of account or otherwise:

provided that the courts shall not, except as in this Act provided, have jurisdiction to hear and determine—

• (a) any proceeding for the recovery of land; or

• (b) any proceeding in which the title to any franchise is in question.

(2) The courts shall have jurisdiction to hear and determine any proceeding where the debt or demand claimed consists of a balance not exceeding $200,000, after a set-off of any debt or demand claimed or recoverable by the defendant from the plaintiff, being a set-off admitted by the plaintiff in the particulars of the plaintiff's claim or demand.

(1) The courts shall have jurisdiction to hear and determine any proceeding for the recovery of any penalty, expenses, contribution, or other like demand which is recoverable by virtue of any enactment for the time being in force, if—

• (a) it is not expressly provided by that or any other enactment that the demand shall be recoverable only in some other court; and

• (b) the amount claimed in the proceeding does not exceed the sum of $200,000.

(2) For the purposes of this section the expression penalty shall not include a fine to which any person is liable on conviction on indictment or on summary conviction.

(1) The courts shall have jurisdiction to hear and determine any proceeding for the recovery of land where the rent (if any) payable in respect thereof does not exceed the rate of $62,500 a year or where the value of the land in question does not exceed $500,000 in the following cases:

• (a) where the term and interest of the tenant of any land held by him at will, or for any term, whether the tenant is or is not liable for the payment of any rent has ended or been determined, either by the landlord or by the tenant, by a legal notice to quit or demand of possession, and the tenant, or (if the tenant does not actually occupy the land, or occupies only a part thereof) any person by whom the same or any part thereof is then actually occupied, has neglected or refused to quit and deliver up possession of the land or of such part thereof respectively:

• (b) where any tenant holding any land under any demise or agreement, either written or verbal, is in arrear in payment of rent for such period that the landlord is entitled to exercise a right of re-entry under the terms of the demise or agreement:

• (c) in the circumstances referred to in the next succeeding section:

• (d) where any person without right, title, or licence is in possession of any land.

(2) [Repealed]

(3) Where the capital value of any land appears in the district valuation roll for the time being in force that value shall be taken to be the value of the land for the purposes of this section.

The courts shall have jurisdiction in relation to—

• (a) the settlement of disputes between any building society and its members where the amount involved does not exceed $200,000:

• (b) the recovery of money and enforcement of claims by or against any building society not exceeding in amount or value the sum of $200,000:

• (c) all other matters arising under the Building Societies Act 1965 not exceeding in amount or value the sum of $200,000.

(1) Subject to the provisions of this Act, the courts shall have—

• (a) the same equitable jurisdiction as the High Court to hear and determine any proceeding (other than a proceeding in which the amount claimed or the value of the property claimed or in issue is more than $200,000):

• (b) jurisdiction to hear and determine any proceeding for the dissolution or winding up of any partnership (whether or not the existence of the partnership is in dispute), where the whole assets of the partnership do not exceed in amount or value the sum of $200,000.

(2) Where jurisdiction in respect of any proceeding or class of proceeding is, by virtue of any provision of any Act (not being section 16 of the Judicature Act 1908) that relates expressly to that proceeding or class of proceeding, exercisable by the High Court or any other court (not being a District Court), District Courts shall not by virtue of subsection (1)(a) or section 29(1) have the equitable jurisdiction of the High Court in respect of that proceeding or class of proceeding.

(2A) Notwithstanding subsection (2), the District Courts shall have the power to make orders pursuant to section 49 of the Administration Act 1969.

(3) No proceeding for the dissolution or winding up of a partnership or order thereon shall prevent any creditor from petitioning for an adjudication of bankruptcy against any member or members thereof.

(1) No court shall have cognizance of any proceedings in which the validity of any devise or bequest is in question or the limitations under any will or settlement are in dispute.

(2) A court shall have jurisdiction to hear and determine any proceedings in which the title to any corporeal or incorporeal hereditament comes in question if the proceedings would otherwise be within the jurisdiction of the court.

(1) Where a plaintiff has a cause of action for more than $200,000 in respect of which the court would have had jurisdiction had the amount been not more than $200,000, the plaintiff may abandon the excess, and thereupon the court shall have jurisdiction to hear and determine the proceeding.

(2) Where any proceeding, in which the plaintiff has abandoned part of the plaintiff's claim under this section, is heard in a court, the plaintiff shall not recover an amount exceeding $200,000 together with costs thereon, and the judgment of the court in the proceeding shall be in full discharge of all demands in respect of the cause of action, and entry of the judgment shall be made accordingly.

If, but for the amount or value of the subject-matter claimed or in issue, a court would have had jurisdiction in admiralty or under sections 29 to 34 or section 111 and the parties, by memorandum signed by them or by their respective solicitors or agents, agree that a court shall have jurisdiction to hear and determine the proceedings, that court shall, notwithstanding anything in any enactment, have jurisdiction to hear and determine the proceedings.

A cause of action may not be divided for the purpose of bringing 2 or more proceedings or any counterclaim.

The court shall not determine any proceedings against a defendant absent from New Zealand unless it is satisfied either—

• (a) that service has been effected on the defendant in accordance with the rules; or

• (b) that the defendant has a duly appointed agent in New Zealand authorized to sue and be sued on his behalf and service has been effected on the agent in accordance with the rules.

Any jurisdiction and powers conferred on courts by this or any other Act may be exercised by any Judge or, to the extent authorized by this or any other Act or by the rules, by the Registrar of the court or by any person authorized to discharge the functions of the Registrar.

Every court, as regards any cause of action for the time being within its jurisdiction, shall (subject to the provisions of section 59) in any proceedings before it—

• (a) grant such relief, redress, or remedy, or combination of remedies, either absolute or conditional; and

• (b) give such and the like effect to every ground of defence or counterclaim equitable or legal,—

as ought to be granted or given in the like case by the High Court and in as full and as ample a manner.

(1) A Judge shall have jurisdiction in any proceeding pending to make any order or to exercise any authority or jurisdiction which, if it related to a proceeding pending in the High Court, might be made or exercised by a Judge of the High Court in Chambers.

(2) Notwithstanding subsection (1), an interlocutory injunction restraining a party to a proceeding (whether domiciled, resident or present in New Zealand) from removing from New Zealand, or otherwise dealing with, assets in New Zealand is the only interlocutory injunction in the nature of a Mareva injunction that a Judge may grant.

(3) Without limiting the power to make an order for the detention, custody, or preservation of any property, it is hereby declared that nothing in this Act authorises a Judge to make an Anton Piller order.

Where a court has power to award interest under section 62B, the court may exercise that power notwithstanding that the inclusion of the interest in the sum for which judgment is given will cause that sum to exceed a monetary amount that, under this Act, applies in relation to the court's jurisdiction in respect of that proceeding.

(1) Where there is commenced in a court any proceeding in which the amount of the claim or the value of the property or relief claimed or in issue exceeds $50,000, the defendant in the proceeding may, within such time as may be prescribed or at any time thereafter by leave of the Judge, give notice that the defendant objects to the proceeding being tried in the court, and, where notice is so given, the Judge shall order that the proceeding be transferred to the High Court.

(2) Where there is commenced in a court any proceeding in which the amount of the claim or the value of the property or relief claimed or in issue does not exceed $50,000, the defendant may, within such time as may be prescribed or at any time thereafter by leave of the Judge, give notice that the defendant objects to the proceeding being tried in the court, and, where notice is so given, the Judge may order that the proceeding be transferred to the High Court if, in the opinion of the Judge, some important question of law or fact is likely to arise or a question of title to any hereditament is likely to arise otherwise than incidentally.

(3) Any order for the transfer of a proceeding to the High Court made pursuant to the foregoing provisions of this section may be made subject to such conditions as the Judge thinks fit requiring that the defendant give security for the costs of the proceedings in the High Court.

(4) The foregoing provisions of this section, shall with the necessary modifications, apply to a counterclaim as if it were a proceeding and as if the defendant in the counterclaim were the defendant in the proceeding. On the transfer of a claim where there is a counterclaim, or of a counterclaim, all proceedings in the proceeding, including both the claim and the counterclaim, shall be transferred.

(5) The provisions of this section do not apply to any proceeding for the recovery of land except where the Judge certifies that in the Judge's opinion an important question of law is likely to arise or a question of title to any hereditament is likely to arise otherwise than incidentally.

(6) Notwithstanding the foregoing provisions of this section, the High Court or a Judge thereof on the application of any party to the proceeding may order the removal into the High Court, by order for certiorari or otherwise, of any proceeding commenced in a District Court, if the High Court or Judge thereof thinks it desirable that the proceeding should be heard and determined in the High Court. Any such removal shall be on such terms as to payment of costs, giving security, or otherwise as the High Court or a Judge thereof thinks fit to impose.

Where any proceedings are commenced in a court in which the court has no jurisdiction, the court may, unless it is given jurisdiction by an agreement under the provisions of section 37, order that the proceedings be transferred to the High Court or to such other court as appears to the court to have jurisdiction:

provided that where it appears to the court that the plaintiff or one of the plaintiffs knew or ought to have known that the court had no jurisdiction in the proceedings, the court may, if it thinks fit, instead of ordering that the proceedings be transferred as aforesaid, order that they be struck out, and, in such event may award costs to the same extent and recoverable in the same manner as if the court had jurisdiction and the claim had not been established.

(1) Where, in any proceeding commenced in a court, any counterclaim or set-off and counterclaim which involves matter beyond the jurisdiction of a court has been filed by any defendant, any party to the proceeding may, within such time as may be prescribed by the High Court Rules, apply to the High Court or a Judge thereof for an order that the whole proceedings, or the proceedings on the counterclaim or set-off and counterclaim, be transferred to the High Court.

(2) On any such application the High Court or Judge may, as it or he thinks fit, order either—

• (a) that the whole proceedings be transferred to the High Court; or

• (b) that the whole proceedings be heard and determined in the court; or

• (c) that the proceedings on the counterclaim or set-off and counterclaim be transferred to the High Court and that the proceedings on the plaintiff's claim and the defence thereto other than the set-off (if any) be heard and determined in the court:

provided that, where an order is made under paragraph (c), and judgment on the claim is given for the plaintiff, execution thereon shall, unless the High Court or a Judge thereof at any time otherwise orders, be stayed until the proceedings transferred to the High Court have been determined.

(3) If no application is made under this section within the time prescribed as aforesaid, or if on such an application it is ordered that the whole proceedings be heard and determined in the court, the court shall have jurisdiction to hear and determine the whole proceedings, notwithstanding any enactment to the contrary.

(4) Where the High Court makes any order under the provisions of this section, the Registrar of the High Court shall send to the Registrar of the court a copy of the order so made.

(1) Where a summary judgment application is made in a court, a Judge may, on the application of either party or of his or her own motion, remove into the High Court—

• (a) that summary judgment application; or

• (b) any matter arising in that summary judgment application.

(2) On any such removal, the High Court may—

• (a) determine the application or matter; or

• (b) refer the application or matter back to the District Court with such directions as the High Court thinks fit.

A District Court may order the removal into the High Court of any question of law ordered to be argued, and, on removal, the High Court shall have the same power to decide the question as the District Court had.

(1) If, where a proceeding has been commenced in the High Court,—

• (a) an agreement is made under the provisions of section 37 that a District Court shall have jurisdiction; or

• (b) the subject-matter of the proceeding is within the jurisdiction of District Courts,—

the High Court or a Judge of that court may, on the application of any party to the proceeding, order that the proceeding be transferred to a District Court.

(2) Where the subject-matter of a proceeding that has been commenced in the High Court is within the jurisdiction of District Courts, the High Court or a Judge of that court may, of its or the Judge's own motion, order that the proceeding be transferred to a District Court unless, in the opinion of the High Court or the Judge, some important question of law or fact is likely to arise in the proceeding.

(1) Where any proceeding is ordered to be transferred under the provisions of section 46 from the High Court to a District Court, the proper officer of the High Court shall, on the sealing of the order, send to the Registrar of the District Court a copy of the order, the document by which the proceeding was commenced or a copy thereof, all pleadings, affidavits, and other documents filed in the High Court relating to the proceeding and such other documents (if any) as the High Court or a Judge may direct.

(2) On the documents aforesaid being so sent, the proceeding shall be transferred to the said District Court, and, subject to the District Courts Rules, all further proceedings therein shall be heard as if the proceeding had been originally commenced in that District Court, and the District Court shall have jurisdiction to deal therewith, notwithstanding any enactment to the contrary:

provided that the transfer shall not affect any right of appeal in the High Court or to the Court of Appeal from the order directing the transfer, or the right to enforce in the High Court any judgment signed, or order made, in that court before the transfer.

(1) Where a proceeding or counterclaim is ordered to be transferred or removed—

• (a) from the High Court to a District Court; or

• (b) from a District Court to the High Court; or

• (c) from one District Court to another District Court—

the costs of the whole proceedings both before and after the transfer shall, subject to any order made by the court which ordered the transfer, be in the discretion of the court to which the proceeding or counterclaim is transferred, and that court shall have power to make orders with respect thereto:

provided that, as regards so much of the proceedings in any proceeding transferred from the High Court to the District Court as take place in the High Court before the transfer,—

• (d) the costs thereof shall be subject to the provisions of the High Court Rules; and

• (e) the powers of a Judge to make an order allowing costs on the High Court scale shall, subject to any order of the High Court or of the Judge by whom the transfer was ordered, be exercisable by the District Court Judge.

(2) Where—

• (a) a summary judgment application or any matter arising in a summary judgment application is, after having been removed into the High Court under section 45A, referred back to a District Court; or

• (b) a proceeding is continued in a District Court, after a question of law in that proceeding has, under section 45B, been decided in the High Court,—

the costs in the District Court of that application, matter, or proceeding, both before and after the removal into the High Court under section 45A or section 45B, shall be determined by the District Court:

provided that any costs incurred in the High Court in relation to the removal shall be determined by the High Court and shall be subject to the provisions of the High Court Rules; but may be included in any judgment or order made by the District Court as if they were costs determined by the District Court.

(1) Any trustee, executor, or administrator may sue and be sued in a court in like manner as if he were a party in his own right, without joining any of the parties beneficially interested in the trust or estate, and shall be considered as representing such parties in the proceeding.

(2) The court may at any stage of the proceedings order any of such parties to be made parties to the proceeding, either in addition to or in lieu of the previously existing parties thereto.

(1) Any person under the age of 20 years may sue in a court for any sum of money not exceeding $200,000 which may be due to him for wages or piecework, or for work as a servant, in the same manner as if he were of full age.

(2) Any minor who is or has been married or in a civil union or is above the age of 18 years may sue or be sued without a next friend or guardian ad litem upon any cause of action arising out of contract or tort in respect of which he might sue or be sued by a next friend or guardian; and judgment may be given in the proceeding, and such proceedings may be had and taken to enforce the judgment as if the minor were of full age.

(3) Any minor who is or has been married or in a civil union or is above the age of 18 years may make or be a party to an application under section 8 of the Domestic Actions Act 1975 without a next friend or guardian ad litem; and orders may be made on the application, and such proceedings may be had and taken to enforce any such order, as if the minor were of full age.

(1) Where a plaintiff has a claim recoverable under this Act against 2 or more persons jointly liable, it shall be sufficient to serve any of those persons with process, and judgment may be obtained and execution issued against any person so served, notwithstanding that others jointly liable may not have been served or sued or may not be within the jurisdiction of the court.

(2) Where judgment is obtained against any person as aforesaid and is satisfied either in part or for the whole amount by that person, he shall be entitled to recover in a court contribution from any other person jointly liable with him.

(1) The bankruptcy of the plaintiff in any proceeding in a court which the Official Assignee might maintain for the benefit of the creditors shall not cause the proceeding to abate if, within such reasonable time as the court orders, the Official Assignee elects to continue the proceeding.

(2) The hearing of the proceeding may be adjourned until such an election is made.

(3) Where the Official Assignee does not elect to continue the proceeding within the time limited by the order, the defendant may avail himself of the bankruptcy as a defence to the proceeding.

Every witness attending a court upon a witness summons, and every other person giving evidence in the course of proceedings, shall be entitled as against the party calling him to a sum for his expenses and loss of time according to the prescribed scale:

provided that the court may disallow the whole or any part of such sum.

(1) Any person summoned in pursuance of the rules as a witness in any court who—

• (a) refuses or neglects, without sufficient cause, to appear or to produce any documents required by the summons to be produced; or

• (b) refuses to be sworn or to give evidence,—

is liable to a fine not exceeding $300:

provided that no person so summoned shall be liable to such penalty as aforesaid unless there has been paid or tendered to him at the time of the service of the summons, or at some other reasonable time before the hearing, such sum in respect of his expenses as may be prescribed.

(2) Any person present in court who is required to give evidence but refuses to be sworn or give evidence is liable to a like penalty.

(3) The payment of such fine or the undergoing of a term of imprisonment for non-payment of such fine shall not exempt any person from any action for disobeying a summons or refusing to be sworn or give evidence.

(1) The District Court may, on application made in accordance with the rules, issue a commission, request, or order to examine witnesses abroad for the purpose of any proceedings.

(2) The District Court may, on application in accordance with the rules, direct and supervise the service abroad of any process of the court.

An affidavit or affirmation to be used in a court may be sworn or made before any Judge or Registrar, or before any Justice, or before any Community Magistrate, or before any solicitor of the High Court, but no such affidavit or affirmation, except one sworn or made in respect of an ex parte application in non-contentious proceedings, shall be used if it was taken before a solicitor who, at the time of taking it, was engaged in the proceedings.

On the application, in accordance with the rules, of a person who it appears to the court is or may be entitled to claim in the court relief against another person, the court shall, in such circumstances as may be prescribed, have power to order any person who appears to be likely to have or to have had in that person's possession, custody, or power any document or class of documents, which are relevant to an issue arising or likely to arise out of that claim,—

• (a) to disclose to the court and to any other prescribed person whether the document or documents are in his or her possession, custody, or power; and

• (b) if a document has been but is no longer in that person's possession, custody, or power, to disclose to the court and to any other prescribed person when he or she parted with it and what has become of it; and

• (c) to produce such of those documents as are in that person's possession, custody, or power to the court or any other prescribed person.

Where at any stage of a proceeding, it appears to the court, in such circumstances as may be prescribed, that a document or class of documents may be or may have been in the possession, custody, or power of a person who is not a party to the proceeding, the court may order that person—

• (a) to disclose to the court and to any other prescribed person whether the document or documents are in his or her possession, custody, or power; and

• (b) if a document has been but is no longer in that person's possession, custody, or power, to disclose to the court and to any other prescribed person when he or she parted with it and what has become of it; and

• (c) to produce such of those documents as are in that person's possession, custody, or power to the court or any other prescribed person.

(1) A party to any proceedings may appear and act personally or by a barrister or solicitor of the High Court, and not otherwise:

provided that under special circumstances the court may permit any party to appear by an agent authorized in writing by the party himself, if in New Zealand, or, if absent therefrom, by any person holding a power of attorney from the party authorizing such person to sue and be sued for and in the name of the party; but any agent, unless he is a barrister or solicitor, shall not be entitled to receive any fee or reward for so appearing or acting.

(2) A corporation may appear by any officer, attorney, or agent of the corporation.

The Judge shall be the sole judge in all proceedings brought in a court, and shall determine all questions of fact as well as of law:

provided that nothing in this section shall affect the power to make rules authorizing the Registrar to exercise jurisdiction and powers conferred on the court by this or any other Act.

Where the amount claimed or the value of the property claimed or in issue does not exceed $3,000, a court may receive any such evidence as it thinks fit, whether the same be legal evidence or not, and may give such judgment between the parties as it finds to stand with equity and good conscience.

(1) At the hearing of any proceedings in a court in which there is a right of appeal without leave, the Judge shall, unless the parties have agreed not to appeal, make or cause to be made a note—

• (a) of the facts in evidence; and

• (b) of any question of law or equity raised at the hearing; and

• (c) of his decision thereon and of his determination of the proceedings.

(2) Where such a note has been taken, the Judge (whether notice of appeal has been served or not) shall, on the application of any party to the proceedings, and on payment by that party of such fee as may be prescribed, cause him to be furnished with a copy of the note.

(1) A Judge may, with the consent of the parties to any proceedings, order the proceedings to be referred to arbitration (whether with or without other matters within the jurisdiction of the court in dispute between the parties) to such person or persons and in such manner and on such terms and subject to such costs as he thinks just and reasonable.

(2) No such reference shall be revocable by any party except with the consent of a Judge.

(3) If the award of the arbitrators or their umpire is not given within 1 month of the date of the order of reference, either party may apply to the court to revoke the order of reference.

(4) On any such reference, the award of the arbitrator, arbitrators, or umpire shall be entered as the judgment in the proceedings and shall be as binding and effectual to all intents as if given by a Judge:

provided that the court may, if it thinks fit, on application made at the first sitting of the court held after the expiration of 10 days after the entry of the award, set aside the award, or may, with the consent of the parties, revoke the reference or order another reference to be made in the manner aforesaid.

(5) Execution of a judgment so entered shall not issue until after such first sitting has been held.

(6) On the hearing of an application to set aside or vary an award and judgment entered thereupon the court shall take evidence if offered, or may of its own accord call for evidence; and the decision of the court given after hearing the application shall be entered as a judgment of the court.

(1) Subject to the rules, a Judge may refer to the Registrar or a referee for inquiry and report—

• (a) any proceedings which require any prolonged examination of documents or any scientific or local investigation which cannot, in the opinion of the Judge, conveniently be made before him:

• (b) any proceedings where the question in dispute consists wholly or in part of matters of account:

• (c) with the consent of the parties, any other proceedings:

• (d) any question arising in any proceedings.

(2) Where any proceedings or question are referred as aforesaid, a Judge may direct how the reference shall be conducted, and may remit any report for further inquiry and report, and on consideration of any report or further report may give such judgment or make such order in the proceedings as may be just.

(3) A Judge may, after deciding or reserving any question of liability, refer to the Registrar or to the Registrar and an accountant any mere matter of account which is in dispute between the parties, and after deciding the question of liability, may give judgment on the Registrar's report.

(1) Notwithstanding anything to the contrary in this Act, a Judge may, with the consent of the parties, refer any question in any proceedings which requires any scientific, technical, business, or professional investigation to the Registrar or a named referee for inquiry and report under this section.

(2) Where any question is referred under this section, a Judge may direct how the reference shall be conducted and may, with the consent of the parties, direct that the Registrar or referee may make his inquiry and may report without being required to hear the parties or to act judicially.

(3) The report of the Registrar or referee on any question referred to him under this section shall be binding on the parties unless the Judge has otherwise directed.

(1) Subject to subsection (2), in a proceeding for the recovery of any debt or damages, the court may, if it thinks fit, order that there shall be included in the sum for which judgment is given interest at such rate, not exceeding the prescribed rate, as it thinks fit on the whole or any part of the debt or damages for the whole or any part of the period between the date when the cause of action arose and the date of the judgment.

(2) Subsection (1) shall not—

• (a) authorise the giving of interest upon interest; or

• (b) apply in relation to any debt upon which interest is payable as of right, whether by virtue of any agreement, enactment, or rule of law, or otherwise; or

• (c) affect the damages recoverable for the dishonour of a bill of exchange.

(3) In any proceedings for the recovery of any debt upon which interest is payable as of right, and in respect of which the rate of interest is not agreed upon, prescribed, or ascertained under any agreement, enactment, or rule of law, or otherwise, there shall be included in the sum for which judgment is given interest at such rate, not exceeding the prescribed rate, as the court thinks fit for the period between the date as from which the interest became payable and the date of the judgment.

(4) In this section the term the prescribed rate means the rate of 11% per annum, or such other rate as may from time to time be prescribed for the purposes of this section by the Governor-General by Order in Council.

Every judgment and order of a court shall, except as provided by this or any other Act or by the rules, be final and conclusive between the parties.

No judgment, order, or other proceeding in a court shall be quashed or vacated for want of form.

(1) Where a judgment is given or an order is made by a court under which a sum of money of any amount is payable, whether by way of satisfaction of the claim or counterclaim in the proceedings or by way of costs or otherwise, the court may, as it thinks fit, order the money to be paid either—

• (a) in 1 sum, whether forthwith or within such period as the court may fix; or

• (b) by such instalments payable at such times as the court may fix.

(2) Except where an express order for payment is made under the last preceding subsection, every judgment or order for the payment of a sum of money shall be deemed to include an order for the payment forthwith of the whole amount payable thereunder.

(3) If at any time it appears to the satisfaction of a Judge that any party to any proceedings is unable from any cause to pay any sum recoverable against him (whether by way of satisfaction of the claim or counterclaim) or any instalment thereof, the Judge may, in his discretion, suspend or stay or vary any judgment or order given or made in the proceedings for such time and on such terms as the Judge thinks fit, and so from time to time until it appears that the cause of inability has ceased.

(1) In this section—

(2) Every judgment debt of an amount exceeding $3,000, or such other amount as may be fixed from time to time for the purposes of this section by the Governor-General by Order in Council, shall carry interest from the date of the judgment or order on the amount for the time being remaining unpaid.

(3) Such interest shall be at the rate for the time being prescribed by or under section 62B, and shall accrue from month to month.

(4) No interest shall be payable on costs incurred after the date of the judgment or order.

(5) Notwithstanding subsection (2) or subsection (3), where any enforcement process is issued in respect of the judgment debt, no interest shall be payable in excess of the amount specified in the process unless a further such process is issued.

(1) Where any final judgment or order for the payment of any sum of money is obtained in any one proceeding in a District Court, that judgment or order may be removed into the High Court, and for that purpose the Registrar, upon the application of the judgment creditor or of any person on his behalf, shall issue a certificate thereof in the prescribed form. Every such certificate shall bear on the face thereof a statement to the effect that it has been issued for the purposes of this section, and it shall not be available for any other purpose.

(2) No such certificate shall be issued before the expiration of the time allowed for giving notice of appeal or before the time at which execution could be issued out of the District Court, and if any proceedings for enforcement of the judgment or order have been issued out of that court no such certificate shall be issued until after the withdrawal or completion of those proceedings.

(3) After the certificate has been filed in the High Court pursuant to the next succeeding subsection, no further proceedings shall be had or taken in the proceeding in the District Court.

(4) The person obtaining the certificate may file the same in the High Court by delivering it for that purpose at the office of the Registrar of the High Court nearest to that District Court by the most convenient route or any such other office as may be prescribed; and thereupon, without any previous process, may sign final judgment in the High Court in the prescribed form or to the effect thereof (against which judgment no appeal shall lie) for the sum mentioned in the certificate to be unpaid, together with such fees and costs as may be paid or allowed in connection with such removal and entry of judgment.

(5) Upon such final judgment as aforesaid execution may be forthwith issued, and all other remedies had thereon in the same manner as on any other judgment of the High Court.

(6) Notwithstanding anything in this section, any certificate or final judgment signed under the provisions of this section may be set aside or amended by a Judge of the High Court upon such terms as to costs or otherwise as he deems just.

A proceeding may be brought in the High Court on a judgment or order of a District Court, but no costs shall be allowed in such proceeding to the plaintiff unless the Judge of the High Court certifies that the proceeding was necessary and proper for the enforcement of the judgment of the District Court against the person or property of the defendant.

(1) In any proceeding in the High Court in which execution may be issued upon a judgment, order, or decree of the High Court for the payment of a sum of money, a certificate under the seal of the High Court setting forth the particulars of the judgment, order, or decree may be obtained from the High Court and filed in a District Court.

(2) Upon the filing of the certificate all proceedings may be taken and enforced in and by that District Court for—

• (a) the amount recoverable under the judgment, order, or decree, and any interest thereon, if the District Court has jurisdiction to that amount; or

• (b) the unpaid balance of the amount recoverable under the judgment, order, or decree, and any such interest, if the District Court has jurisdiction to the amount of that balance; or

• (c) a part of the amount recoverable under the judgment, order, or decree, and any such interest, or of the unpaid balance of that amount, and any such interest, if—

  • (i) the District Court has jurisdiction in respect of the amount of that part; and

  • (ii) the judgment creditor has abandoned any amount in excess of the amount of that part,—

and for any fees and costs paid or allowed in connection with the obtaining and filing of the certificate, as fully and effectually as if the judgment, order, or decree had been a judgment of the District Court signed and entered up at the time of filing the certificate.

(3) After the issue of the certificate no further proceedings shall be had in the High Court upon such judgment, order, or decree.

(4) Save as aforesaid, no proceeding shall be brought in a District Court on a judgment of the High Court.

(1) Where any final judgment or order for the payment of any sum of money is obtained in any one proceeding in a court, the judgment or order may be removed into any other court, and for that purpose the Registrar, upon the application of the judgment creditor or of any person on his behalf, shall issue a certificate thereof in the prescribed form. Every such certificate shall bear on the face thereof a statement that it has been issued for the purposes of this section, and it shall not be available for any other purpose.

(2) No such certificate shall be issued before the expiration of the time allowed for giving notice of appeal or before the time at which execution could be issued out of the court first aforesaid, and if proceedings for enforcement of the judgment or order have been issued out of that court no such certificate shall be issued until after the withdrawal or completion of those proceedings.

(3) The person obtaining the certificate may file the same in any other court by delivering it at the office of the Registrar; and thereupon all proceedings may be taken and enforced in and by that other court for the amount recoverable under the judgment or order, and any fees and costs paid or payable in connection with the obtaining and filing of the certificate, as fully and effectually as if the judgment or order had been a judgment of that other court signed and entered up at the time of filing the certificate, and no further proceedings shall be had or taken in the court from which the judgment or order has been removed as aforesaid.

(1) Where any court established under this or any former Act relating to courts is or has been abolished or is no longer a court appointed for the exercise of civil jurisdiction, the Minister of the Crown who is responsible for the Ministry of Justice may direct that the records of the court be delivered to the Registrar of some other court. In any such case all proceedings may be continued or completed, and all judgments and orders of the first-mentioned court may be enforced, in and by the last-mentioned court as fully and effectually as if the judgments and orders had been judgments and orders of that court.

(2) Where any court established under this or any former Act relating to courts is or has been abolished or is no longer a court appointed for the exercise of civil jurisdiction and no such direction as aforesaid has been given, a certificate of any judgment or order of that court may be obtained from the Registrar or Clerk of that court, or from the Registrar or officer having custody of the records of that court, and such certificate may be filed in any court.

(3) On the filing of such certificate all proceedings may be taken and enforced in and by the last-mentioned court for the amount recoverable under the judgment or order, and any fees and costs paid or allowed in connection with the obtaining and filing of the certificate, as fully and effectually as if the judgment or order had been a judgment or order of that court signed and entered up at the time of filing the certificate.

If, in any civil proceeding, any question arises as to the application of any provision of rules made under section 122 or the High Court Rules, the Court may, either on the application of a party or on its own initiative, determine the question and give any directions it thinks fit in the interests of justice.

In this Part,—

(1) This subsection applies to every decision made by a District Court other than a decision of a kind in respect of which an enactment other than this Act—

• (a) expressly confers a right of appeal; or

• (b) provides expressly that there is no right of appeal.

(2) A party to proceedings in a District Court may appeal to the High Court against the whole or any part of any decision to which subsection (1) applies made by the District Court in or in relation to the proceedings.

(1) An appeal may not be brought under section 72 if, before the decision was made, all parties to the proceedings agreed in writing that it would be binding on them.

(2) Subsection (1) overrides section 72.

(1) Unless granted legal aid under the Legal Services Act 2000, an appellant under section 72 may be required by the High Court Rules to give the Registrar of the High Court security for costs.

(2) If any security required is not given within the time required by the High Court Rules, the appellant's appeal must be treated as having been abandoned.

All appeals under section 72 must be by way of rehearing.

(1) Having heard an appeal under section 72, the High Court may—

• (a) make any decision or decisions it thinks should have been made:

• (b) direct the District Court in which the decision appealed against was made—

  • (i) to rehear the proceedings concerned; or

  • (ii) to consider or determine (whether for the first time or again) any matters the High Court directs; or

  • (iii) to enter judgment for any party to the proceedings concerned the High Court directs:

• (c) make any further or other orders it thinks fit (including any orders as to costs).

(2) The High Court must state its reasons for giving a direction under subsection (1)(b).

(3) The High Court may give the District Court any direction it thinks fit relating to—

• (a) rehearing any proceedings directed to be reheard; or

• (b) considering or determining any matter directed to be considered or determined.

(4) The High Court may act under subsection (1) in respect of a whole decision, even if the appeal is against only part of it.

(5) Even if an interlocutory decision made in the proceedings concerned has not been appealed against, the High Court—

• (a) may act under subsection (1); and

• (b) may set the interlocutory decision aside; and

• (c) if it sets the interlocutory decision aside, may make in its place any interlocutory decision or decisions the District Court could have made.

(6) The powers given by this section may be exercised in favour of any respondent or party to the proceedings concerned, even if the respondent or party did not appeal against the decision concerned.

(1) This subsection applies if—

• (a) a party to proceedings in a District Court (party A) has, in accordance with any judgment or order of the court, paid an amount to another party to the proceedings (party B); and

• (b) on appeal under section 72, the effect of the High Court's determination is that some or all of the amount did not need to be paid.

(2) If subsection (1) applies, the High Court—

• (a) may order party B to repay to party A some or all of the amount paid by party A; and

• (b) may also order party B to pay to party A interest at a rate not greater than the prescribed rate (within the meaning of section 87(3) of the Judicature Act 1908) on the sum ordered to be repaid.

For the purposes of enforcement proceedings, a judgment or order of the High Court under paragraph (a) or paragraph (c) of section 76(1), or section 77(2), must be treated as if it were a judgment or order of the District Court in which the decision appealed against was made.

(1) This subsection applies to any order under section 112 other than an order to the effect only that a person be taken into custody and detained until the rising of the court.

(2) A person against whom an order to which subsection (1) applies has been made may appeal to the High Court against it.

(3) Sections 116 to 144 of the Summary Proceedings Act 1957 apply to the appeal (as far as they are applicable, and with all necessary modifications) as if the person were a defendant who had been convicted on an information and sentenced.

(1) Any judgment or order of any court or of any District Court Judge for the payment of a sum of money may be enforced in District Courts by any 1 or more of the proceedings following, that is to say,—

• (a) execution against the goods and chattels of the judgment debtor under a distress warrant:

• (b) garnishee proceedings for the attachment of money due to the judgment debtor:

• (ba) proceedings for a charging order in respect of any property held by the judgment debtor and specified in section 96A(1A):

• (c) proceedings for an attachment order against the salary or wages of the judgment debtor.

(2) Any judgment or order in the nature of an injunction, and any judgment or order within the competence of a District Court which, if it were given or made in the High Court, could in that court be enforced by writ of arrest, may be enforced, by order or warrant of a District Court Judge, by committal for a term not exceeding 3 months:

provided that an order for the recovery of land shall not be enforceable by committal.

(2A) Any order of the court made under section 56A or section 56B may be enforced, by order or warrant of a District Court Judge,—

• (a) by committal for a term not exceeding 3 months; or

• (b) by a fine not exceeding $1,000.

(3) A judgment or order for the recovery of land may be enforced under a warrant for the recovery of land.

(4) A judgment or order for the delivery of specific chattels may be enforced, by order of the District Court Judge, either under a warrant for the recovery of chattels or by committal.

(5) Except by leave of a District Court Judge, no proceedings for the enforcement of a judgment or order shall be commenced in any court until after the expiry of 48 hours from the time of the entering of the judgment or the making of the order:

provided that if the judgment or order is one which may be appealed against without the leave of the court, any District Court Judge may order a stay of any proceedings for the enforcement of the judgment or order until after the time allowed for giving notice of appeal has expired.

(6) It is hereby declared that 2 or more proceedings for the enforcement of a judgment or order may be taken concurrently, but the judgment creditor shall not be entitled to recover a greater sum than the amount owing under the judgment or order and the costs and fees of any proceedings for enforcement.

(1) No judgment or order of the court more than 6 years old shall be enforced without the leave of the court unless some payment has been made into court by or on behalf of the party liable therefor within the 12 months immediately before the issue of the proceedings for enforcement.

(2) The court may, if it thinks fit, grant such leave on an ex parte application.

(1) Where the court has made an order for the payment of any sum of money by instalments, proceedings for the enforcement of the order shall not be taken or issued until after default in the payment of some instalment according to the order.

(2) On any such default, proceedings or successive proceedings may be taken or issued for the whole of the said sum of money and costs then remaining unpaid unless the court on the application of the party liable otherwise orders.

If there are cross-judgments between the parties, proceedings for enforcement may be taken out only by that party who has obtained judgment for the larger sum, and then only for so much as remains after deducting the smaller sum. Satisfaction for the remainder shall be entered as well as satisfaction on the judgment for the smaller sum, and if both sums are equal satisfaction shall be entered upon both.

If at any time it appears to the satisfaction of a Judge exercising jurisdiction in the court in which proceedings have been taken or issued for the enforcement of any judgment or order that any party to the proceedings is unable from any cause to pay any sum recoverable against him (whether by way of satisfaction of the claim or counterclaim in the proceedings or by way of costs or otherwise) or any instalment thereof, the Judge may, in his discretion, stay the proceedings for such time and on such terms as he may think fit, and so from time to time until it appears that the cause of inability has ceased.

Notice of appeal shall not operate as a stay of proceedings under the decision appealed from unless the court or a Judge so orders or the amount of the judgment or order appealed against and its cost is deposited with the Registrar to abide the event of the appeal, or security is given to the satisfaction of the Registrar for that amount.

(1) Any person who has obtained a judgment or order for the payment of money may serve on the judgment debtor a notice in the prescribed form requiring him or her to complete and return to that person, within 14 days after the date on which the notice is served on the judgment debtor, a statement in the prescribed form of—

• (a) the judgment debtor's income and expenditure for the preceding 52 weeks; and

• (b) the judgment debtor's assets and liabilities.

(2) An additional copy of the prescribed form, for the judgment debtor's own use, shall be served with the notice.

(1) Whether or not a notice has been served pursuant to section 84A, any person who has obtained a judgment or order for the payment of a sum of money may apply to the court ex parte for an order that the judgment debtor or, if the judgment debtor is a corporation, an officer of the judgment debtor, do attend before the court and be orally examined as to the judgment debtor's income, expenditure, assets, liabilities, and generally as to the judgment debtor's means for satisfying the judgment debt.

(2) Whether or not a notice has been served pursuant to section 84A, any judgment debtor may apply to the court ex parte for an order under subsection (1).

(3) Upon granting the application, the court may order the production at the examination of any books or other documents, and may impose such terms and conditions as it shall think proper in respect of the conduct of the examination or otherwise.

(4) Where the order has been made on the application of the judgment creditor, a copy of the order in the prescribed form shall be served personally upon the judgment debtor at least 3 days before the date of the examination, and, if requested by the judgment debtor, the person effecting the service shall at the time of service pay or tender to the judgment debtor the travel expenses estimated to be payable under the Witnesses and Interpreters Fees Regulations 1974.

(5) Where the order has been made on the application of the judgment debtor, a copy of the order in the prescribed form shall be served personally upon the judgment creditor at least 3 days before the date of the examination.

(6) The jurisdiction of the District Court under this section may be exercised by the Registrar.

(1) If—

• (a) any order made under section 84B cannot be served on the judgment debtor; or

• (b) the judgment debtor fails to appear before the District Court at the time and place specified in any order made under that section, or at any subsequent time and place to which the examination is adjourned,—

the order shall not be enforced by committal, but a Judge or a Registrar may issue a warrant to arrest the debtor.

(2) Where the judgment debtor is arrested pursuant to this section, the following provisions shall apply:

• (a) the judgment debtor shall be brought before a Judge or a Registrar as soon as possible for the purpose of commencing or continuing the examination:

• (b) the judgment debtor shall be bailable as of right:

• (c) section 46 of the Summary Proceedings Act 1957 and Parts 1 to 3 of the Bail Act 2000 shall apply with any necessary modifications as if any such appearance at the examination before a Judge or Registrar constituted part of the hearing of a charge, and as if references in those provisions to a court included references to a Judge or Registrar:

• (d) if the judgment debtor cannot practicably be brought immediately before a Judge or a Registrar, any constable 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 constable under section 21(1) of that Act.

(1) An examination under section 84B shall be made orally on oath before a District Court Judge or Registrar.

(2) The judgment debtor shall appear personally, and may be represented by a barrister or solicitor who may examine the judgment debtor and be heard on the matter of the judgment debtor's means for satisfying the judgment.

(3) The judgment debtor may be cross-examined by or on behalf of the judgment creditor.

(4) Any witness may be cross-examined by or on behalf of the judgment debtor or judgment creditor.

(5) Any examination under section 84B may from time to time be adjourned by the court to a time and place to be appointed.

(1) Upon completion of an examination under section 84B, the District Court may, after giving the judgment creditor and judgment debtor an opportunity to be heard, do any 1 or more of the following:

• (a) direct that 1 or more of the proceedings referred to in section 79(1) be commenced or continued, as the case may be, and also direct any steps to be taken in such proceedings, and, for any such purpose, issue any warrant or summons or make any order:

• (b) make an order that the money owing under the judgment be paid by such instalments payable at such times as the court may fix:

• (c) stay any proceedings for the enforcement of the judgment:

• (d) make an order varying any order relating to the enforcement of the judgment made under this Act.

(2) The court may do any 1 or more of the things referred to in subsection (1) as it considers appropriate, notwithstanding—

• (a) that no application was made for the direction, order, or stay in question; or

• (b) that application was made for a different direction, order, or stay.

(3) The jurisdiction of the District Court under this section may be exercised by the Registrar.

In sections 84G to 84M, unless the context otherwise requires,—

(1) The court may, on the application of the judgment creditor at any time after judgment has been entered, make an attachment order under this section.

(2) No attachment order shall be made unless the judgment debtor has been examined under section 84B.

(3) An attachment order may be made against a person who is proved to the satisfaction of the court to be an employer of the judgment debtor.

(4) The attachment order shall specify the person to whom the amounts to be deducted are to be paid.

(5) Every attachment order may be made for a fixed period or so as to remain in force until the judgment debt has been paid in full.

(6) Every attachment order shall specify an amount (known as the protected earnings rate) below which the net earnings or benefit paid to the judgment debtor shall not be reduced by reason of compliance with the order.

(7) No attachment order under this Act shall operate so that, together with—

• (a) any attachment order under any other Act; and

• (b) any deduction notice made under the Family Proceedings Act 1980 or issued under section 27Y of the Social Security Act 1964; and

• (c) in the case of a benefit within the meaning of the Social Security Act 1964, any adjustment to or deduction from benefit under section 27X or section 86 of that Act,—

the net earnings or any benefit of the judgment debtor are reduced below the protected earnings rate, and, where necessary, the specified amount to be deducted in any attachment order under this Act shall be reduced or cancelled accordingly.

(8) [Repealed]

(9) Nothing in section 84 of the Social Security Act 1964 shall apply to an attachment order under this section.

(10) The jurisdiction of the District Court under this section may be exercised by the Registrar.

(1) Where an attachment order is made, a copy of the order shall be served on the employer to whom it relates, either personally or by leaving it at the employer's place of residence or business, or by sending it by letter addressed to the employer at the employer's place of residence or business.

(2) Where service of an attachment order is effected by letter, then, in the absence of proof to the contrary, the order shall be deemed to have been served on the fourth working day after the day on which it was posted, and in proving service it shall be sufficient to prove that the letter was properly addressed and posted.

(3) Every attachment order shall take effect when a copy of the order is served on the employer in accordance with this section.

(1) An attachment order shall direct that the money due and payable under the judgment shall, by way of weekly payments of such amount as is specified in the attachment order, be a charge on any salary or wages that from time to time while the attachment order remains in force become due and payable by the employer to the judgment debtor.

(2) The charge so created—

• (a) shall accrue from week to week, and on such day of the week as is specified in the attachment order; and

• (b) shall attach to all salary or wages that become due by the employer to the judgment debtor at any time while the attachment order is in force, whether or not the contract of employment in respect of which the salary or wages so become due existed at the date of the attachment order; and

• (c) shall be subject to—

  • (i) any charge created by any attachment order or deduction notice made under the Family Proceedings Act 1980:

  • (ii) any charge created by any attachment order made under the Summary Proceedings Act 1957:

  • (iii) any deduction notice issued under the Child Support Act 1991:

  • (iiia) any deduction notice issued under section 157 of the Tax Administration Act 1994 (as applied by section 193 of the Student Loan Scheme Act 2011):

  • (iv) in the case of an attachment order against a benefit within the meaning of the Social Security Act 1964, any deduction from or adjustment to that benefit under section 86 of that Act,—

  (whether the charge was created or the adjustment or deduction was authorised before or after the making of the attachment order under this Act); but

• (d) shall prevail over and have priority to any assignment or charge created by the judgment debtor (whether before or after the making of the attachment order under this Act), and so that the attachment order shall have the same effect as if no such assignment or charge had been made or created by the judgment debtor.

(1) Subject to section 84G(7), as long as an attachment order remains in force, the employer to whom it relates shall from time to time, whenever any money becomes due and payable by the employer to the judgment debtor by way of salary or wages,—

• (a) deduct from that money such sum as is sufficient to satisfy the charge on the money so far as the same has accrued before the day on which the salary or wages becomes due and payable; and

• (b) not later than the 20th day of the month next after the month in which the deduction is made, pay the amount so deducted to the person specified in the attachment order.

(2) All sums so deducted and paid shall be deemed to have been paid by the employer in satisfaction of the salary or wages payable by the employer to the judgment debtor.

(3) All sums so deducted shall be deemed to have been paid by the judgment debtor in satisfaction of the judgment debtor's liability to pay the judgment debt.

(4) Where a judgment debtor in respect of whom an attachment order is in force leaves or is dismissed from the employment of the employer, the employer shall within 7 days notify the Registrar of the court in which the attachment order was issued.

(5) Where the employer makes default in the payment of any money in satisfaction of any such charge, that money shall become a debt due by the employer to the judgment creditor, and may be recovered by the judgment creditor by action in any court of competent jurisdiction.

(6) Every employer commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who fails without reasonable excuse to comply with paragraph (a) or paragraph (b) of subsection (1).

(1) Every employer commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who dismisses any employee or alters any employee's position in the employer's business or undertaking to the employee's prejudice by reason of an attachment order having been served on the employer.

(2) In the prosecution for an offence against subsection (1) in which it is proved that the employer, within 6 months after the serving on the employer of an attachment order in respect of any employee, dismissed the employee or altered the employee's position in the employer's business or undertaking to the employee's prejudice, it shall be deemed to be proved that the action was taken by reason of the order having been served on the employer unless the employer proves to the contrary.

(3) This section also applies to attachment orders made in the High Court.

(1) In this section—

(2) Sections 84G to 84K and section 84M shall bind the Crown to the extent of and subject to subsections (3) and (4).

(3) Where the judgment debtor is a servant of the Crown, an attachment order may be made against the Crown as employer, and—

• (a) the employing department shall be named in the order as the employer; and

• (b) service of the order shall be effected on the chief executive of the employing department, and also on any officer of the Crown (described by the name of the office, the name of the department, and the place where the officer is stationed) specified in the order; and

• (c) service of the order shall be effected in accordance with section 84H, and, where service is effected by post, it shall be sufficient if the letter is addressed to the person to be served by that person's official title or any sufficient description without that person's personal name.

(4) Where the judgment debtor is entitled to a benefit within the meaning of the Social Security Act 1964, an attachment order may be made against the chief executive of the department for the time being responsible for the administration of that Act, and—

• (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

• (b) section 84K shall not apply.

(1) Any attachment order may at any time be varied, suspended, or discharged by a District Court, on the application on notice of the judgment creditor or judgment debtor, on good cause being shown to the satisfaction of the court why the order should be so varied, suspended, or discharged.

(2) The variation, suspension, or discharge shall take effect when notice of it is served on the employer in accordance with section 84H.

(3) The jurisdiction of a District Court under this section may be exercised by the Registrar of the court.

(1) Any person affected by any order or direction made by a Registrar under section 84B or section 84C or section 84E or section 84G or section 84M may apply to a District Court Judge for a review of the order or direction.

(2) Every such application shall be made within 21 days of the making of the order or direction, or within such further time as a Judge, on application, may allow.

(3) The Judge may, on receiving any such application, order that any such order or direction shall be suspended pending the review.

(4) On any such review the Judge may confirm, rescind, or vary the Registrar's order or direction, and the order or direction shall have effect, or cease to have effect, accordingly.

(1) Where—

• (a) a judgment debtor has been examined under section 84B; and

• (b) the court is satisfied beyond reasonable doubt that—

  • (i) the judgment debtor has sufficient means to pay the judgment debt but refuses to do so; and

  • (ii) all other methods of enforcing the judgment have been considered or tried and are inappropriate or unsuccessful,—

the court may, on the application of the judgment creditor, order the respondent to do community work for a number of hours, not exceeding 200 hours, as the court thinks fit.

(2) Every application under subsection (1) shall be supported by an affidavit setting out the details of the judgment debtor's alleged disobedience.

(3) A copy of the application and affidavit referred to in subsection (2) shall be served on the judgment debtor.

(4) If a copy of that application and affidavit cannot be served on the judgment debtor, or if the judgment debtor fails to appear at the hearing of the application, the Judge may issue a warrant to arrest the judgment debtor and bring the judgment debtor before the court as soon as possible.

(5) A warrant under subsection (4) shall cease to have effect if the judgment debtor pays, or causes to be paid, the amount due under the judgment debt.

(6) Where a judgment debtor is arrested under a warrant issued under subsection (4), the following provisions shall apply:

• (a) the judgment debtor shall be bailable as of right:

• (b) section 46 of the Summary Proceedings Act 1957 and Parts 1 to 3 of the Bail Act 2000 shall apply, with such modifications as may be necessary, as if the application under subsection (1) was the hearing of a charge:

• (c) if the judgment debtor cannot practicably be brought immediately before a Judge or a Registrar, any constable 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 constable under section 21(1) of that Act.

(7) An order made under subsection (1) shall have effect as if the judgment debtor, following conviction on an information, had been sentenced to community work, and the relevant provisions of Part 2 of the Sentencing Act 2002, with any necessary modifications, shall apply accordingly.

(8) Where a District Court, acting under this section, orders a respondent to do community work, the judgment debtor shall have the same right of appeal to the High Court against the order as the judgment debtor would have had if the judgment debtor had been convicted and sentenced by the District Court on an information.

(9) Detention pursuant to this section shall not operate to extinguish or affect the liability of the judgment debtor to pay the judgment debt.

(10) Section 30 of the Sentencing Act 2002 applies in relation to this section as if the District Court were imposing a sentence of imprisonment.

(1) Where a judgment debtor is doing community work pursuant to an order under section 84O, the judgment debtor may pay, or cause to be paid, the amount due in respect of the judgment debt.

(2) If the judgment debtor pays, or causes to be paid, the amount due, a probation officer, on being notified by the Registrar of the payment of that sum, must notify the judgment debtor that he or she is no longer required to report to a community work centre, unless there is some other reason for the judgment debtor being required to report.

(1) A warrant of distress shall require the bailiff or constable to whom it is directed to levy or cause to be levied such sum of money as is adjudged or ordered to be paid, or so much thereof as then remains unpaid, and also the costs of the execution, and of previous proceedings (if any) for the enforcement of the judgment or order, by seizure and sale of the goods and chattels of the person liable under the judgment or order, and the warrant shall authorize the bailiff or constable aforesaid to seize—

• (a) any of the goods and chattels of that person, except his necessary tools of trade to a value not exceeding $500 and his necessary household furniture and effects, including the wearing apparel of himself and his family to a value not exceeding $2,000; and

• (b) any money, bank notes, bills of exchange, promissory notes, bonds, specialties, or other securities for money belonging to that person.

(2) The Governor-General may from time to time, by Order in Council, amend subsection (1) by increasing any amount specified in that subsection.

(1) A bailiff or constable executing a distress warrant may, instead of seizing a motor vehicle under a warrant of distress, immobilise the vehicle by attaching to it any device designed for the purpose, pending payment of the unpaid sum.

(2) No vehicle may be immobilised under subsection (1) unless, at the time of its immobilisation, the vehicle—

• (a) is on private property; or

• (b) is in a public place and the bailiff or constable is satisfied that immobilising the vehicle will not cause undue inconvenience to other persons.

(3) If a motor vehicle is immobilised under this section, a bailiff or constable—

• (a) may seize the vehicle at any time:

• (b) must, on the direction of the Registrar, seize the vehicle.

(4) A person commits an offence if, without reasonable excuse, he or she tampers with, removes, or attempts to remove a device attached to a vehicle under subsection (1).

(5) A person who commits an offence under subsection (4) is liable on summary conviction to a fine not exceeding $1,000.

(1) The bailiff shall deliver all bills of exchange, promissory notes, bonds, specialties, or other securities for money which have been seized or taken to the Registrar, for the benefit of the party upon whose application execution has issued, as security or securities for the amount directed to be levied by the execution, or so much thereof as has not been otherwise levied or raised.

(2) The said party may sue in the name of the person against whom execution has issued, or in the name of any person in whose name the person against whom execution has issued might have sued, for the recovery of the sum or sums secured or made payable thereby when the time of payment thereof arrives.

If any person rescues or attempts to rescue any goods seized in execution under a warrant of distress, he shall be liable, either on an order made by the Judge in that behalf or on summary conviction, to a fine not exceeding $300, and any bailiff of the court or constable may take him into custody, with or without warrant, and bring him before the Judge.

No goods seized in execution under a distress warrant shall be sold for the purpose of satisfying the warrant until the expiration of a period of at least 5 days next following the day on which the goods have been so seized unless—

• (a) the goods are of a perishable nature; or

• (b) the person whose goods have been seized so requests in writing.

(1) Goods seized in execution under a warrant of distress shall be sold by public auction unless a court otherwise orders.

(2) Any bailiff authorized to execute a warrant of distress may, with the prior written authority of the Registrar, sell by auction the goods and chattels seized thereunder without having taken out an auctioneer's licence, anything in the Auctioneers Act 1928 or in any other enactment or rule of law to the contrary notwithstanding.

(1) Where any goods in the possession of an execution debtor at the time of seizure by a bailiff charged with the enforcement of a distress warrant issued from a court are sold by the bailiff without any claim having been made to them—

• (a) the purchaser of the goods so sold shall acquire a good title to those goods; and

• (b) no person shall be entitled to recover against the bailiff, or anyone lawfully acting under his authority, for any sale of the goods, or for paying over the proceeds thereof prior to receipt of a claim to the goods, unless it is proved that the person from whom recovery is sought had notice, or might by making reasonable inquiry have ascertained, that the goods were not the property of the execution debtor.

(2) Nothing in this section shall affect the right of any claimant, who may prove that at the time of sale he had a title to any goods so seized, to any remedy to which he may be entitled against any person other than the bailiff.

(3) The provisions of this section shall have effect subject to the sections 108 to 112 of the Insolvency Act 2006 and sections 251 and 252 of the Companies Act 1993.

Where goods have been seized under a warrant of distress, and some third person claims under a bill of sale or otherwise to be entitled to the goods by way of security for a debt, a Judge may order a sale of the whole or part of the goods upon such terms as to payment of the whole or part of the secured debt or otherwise as he thinks fit, and may direct the application of the proceeds of the sale in such manner and upon such terms as he deems just.

(1) Where a writ or warrant against the goods of a party has issued from the High Court, and a warrant of distress against the goods of the same party has issued under the provisions of this Act, the right to the goods seized shall be determined, as the case may be, by the priority of the time of the delivery of the writ or warrant to the Sheriff to be executed or of the application to the Registrar for the warrant of distress.

(2) The Sheriff on demand shall, by writing signed by him, inform the bailiff to whom the warrant of distress is directed of the precise time of the delivery of the writ or warrant, and the bailiff of the District Court to whom the warrant of distress is directed shall on demand show the warrant to any Sheriff's officer, and such writing purporting to be so signed, and any endorsement on the warrant concerning the time of application to the Registrar for the warrant, shall respectively be sufficient justification to any Sheriff or bailiff acting thereon.

(1) Where a claim is made to or in respect of any goods seized in execution under a distress warrant issued out of a court, the claimant may—

• (a) deposit with the bailiff either—

  • (i) the amount of the value of the goods claimed; or

  • (ii) the sum which the bailiff is allowed to charge as costs for keeping possession of the goods until the decision of the Judge can be obtained on the claim; or