District Court Act 2016

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Version as at 1 December 2022

District Court Act 2016

Public Act		2016 No 49
Date of assent		17 October 2016
Commencement		see section 2

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Justice.

1	Title
2	Commencement
	Preliminary provisions
3	Purposes
4	Interpretation
4A	Transitional, savings, and related provisions
5	Act binds the Crown
6	Application of this Act
	Part 1 Establishment of District Court
7	District Court
8	Seal
	Divisions of court
9	Divisions of court
	Court offices
10	Court offices
	Part 2 Judges
	Appointment of Judges
11	Appointment of Judge
12	Maximum number of Judges
13	Appointment of Judge to sit in other jurisdiction or division of court
14	Appointment of jury trial Judges
15	Who is eligible for appointment as Judge
16	Tenure of Judges
17	Restrictions on Judges
18	Protocol relating to activities of Judges
	Powers of Judges
19	Powers of Judges
20	Exercise of jurisdiction
21	Additional powers of Judges
22	Other functions of Judges
23	Immunity of Judges
	Chief District Court Judge
24	Chief District Court Judge
25	Tenure of Chief District Court Judge
26	Acting Chief District Court Judge
	Resignation, retirement, and removal
27	Resignation
28	Retirement
29	Removal
	Part-time Judges
30	Attorney-General may authorise permanent Judge to sit part-time
	Acting Judges
31	Appointment of acting Judges
32	Term of appointment of acting Judge
33	Acting Judge must be authorised to act
	Remuneration
34	Remuneration of Judges
35	Salary and allowances of part-time or acting Judge
36	Superannuation of acting Judges
37	Reduction in remuneration of Chief District Court Judge or principal Judge
38	Judge’s remuneration must not be reduced
	Part 3 Community Magistrates
	Community Magistrates
39	Appointment of Community Magistrate
40	Who is eligible for appointment as Community Magistrate
41	Functions and powers of Community Magistrate
42	Tenure of Community Magistrate
43	Retirement, resignation, and removal
44	Remuneration of Community Magistrate must not be reduced
45	Restrictions on Community Magistrates
	Immunity for Community Magistrates
46	No proceeding against Community Magistrate unless he or she acted without jurisdiction
47	No proceeding against Community Magistrate to be commenced in District Court
48	Onus of proof
49	Plaintiff may be ordered to give security for costs
50	Indemnity to Community Magistrate
	Chief Community Magistrate
51	Chief Community Magistrate
52	Appointment of Chief Community Magistrate
53	Who is eligible for appointment as Chief Community Magistrate
54	Tenure of Chief Community Magistrate
55	Functions of Chief Community Magistrate
56	Acting Chief Community Magistrate
	Acting Community Magistrates
57	Appointment of acting Community Magistrates
58	Term of appointment of acting Community Magistrate
59	Acting Community Magistrate must be authorised to act
	Remuneration
60	Remuneration of Chief Community Magistrate and Community Magistrates
61	Remuneration of acting Chief Community Magistrate and acting Community Magistrates
	Registrars, bailiffs, and other officers of court
62	Appointment of Registrars, Deputy Registrars, and other officers of court
63	Powers of Registrars and Deputy Registrars
64	Registrar must hold record of proceedings
65	Admissibility of document required to be held by Registrar
66	Appointment of bailiffs
67	Appointment of deputy bailiffs
68	Powers and duties of bailiffs
69	Powers, etc, of deputy bailiffs
70	Misconduct of officers
71	Officer of court must not act as lawyer in court proceedings
	Court business
72	Sessions of court and adjournments
	Part 4 Jurisdiction
	Criminal jurisdiction of District Court
73	Criminal jurisdiction of court
	Civil jurisdiction of District Court
74	General civil jurisdiction
75	Money recoverable by statute
76	Jurisdiction in equity
77	Jurisdiction in relation to partnerships
78	Exceptions
79	Jurisdiction to recover land in certain cases
80	Abandonment of part of claim to give court jurisdiction
81	Extension of jurisdiction by consent
82	Jurisdiction exclusive of interest
83	Causes of action not to be divided
84	Remedies
85	Proceedings against absent defendant
	Part 5 Transfer of proceedings
86	Transfer of proceeding in which amount or value of claim exceeds $90,000
87	Transfer of proceeding in which amount or value of claim does not exceed $90,000
88	Procedure for transfer of proceeding
89	High Court Judge may order removal of proceeding into High Court
90	Transfer of proceeding if no jurisdiction
91	Transfer of proceeding to High Court if counterclaim exceeds jurisdiction
92	Transfer of summary judgment applications to High Court
93	Determination of question of law by High Court
94	Transfer of proceeding from High Court to District Court
95	Procedure on transfer of proceeding to District Court
96	Costs in cases transferred
	Part 6 Procedure
	Parties
97	Trustees, executors, and administrators
98	Minors
99	Persons jointly liable
100	Bankruptcy of plaintiff
	Witnesses
101	Witness expenses
102	Offence to disobey witness summons
103	Examination of witnesses and service of process overseas
104	Who may take affidavit
	Discovery
105	Pre-discovery
106	Discovery against non-party after proceeding commenced
	Part 7 Hearing
107	Right to appear
108	Trial by Judge
109	Equity and good conscience
110	Judge must record various matters
111	Reference to arbitration
112	Application to set arbitral award aside
113	Judge may refer matter to Registrar or referee
114	Judge may refer matter of account to Registrar, etc
115	Reference by consent
	Part 8 Judgments, orders, and removal of judgments
	Judgments and orders
116	Finality of judgments and orders
117	Technical defects do not invalidate judgment, order, or proceeding
118	Payment of judgments or orders
119	Stay if party unable to pay judgment amount
	Removal of judgments
120	Removal of judgment of District Court into High Court
121	Proceeding in High Court on judgment or order of District Court
122	Removal of judgment or order of High Court into District Court
	Part 9 Appeals
	Appeals to High Court
123	Interpretation
124	General right of appeal
125	No appeal if agreement that decision would be binding
126	Security for appeal
127	Appeals to be by way of rehearing
128	Powers of High Court on appeal
129	Repayment of judgment amount and interest
130	Enforcement proceedings
	Part 10 Enforcement of judgments
	Enforcement proceedings
131	Types of enforcement proceeding
132	Judgment may be enforced in any office of District Court
133	Judgment or order for payment of money
134	Judgment or order in nature of injunction, etc [Repealed]
135	Discovery order [Repealed]
136	Judgment or order for recovery of land
137	Judgment or order for delivery of specific chattels
	Time when enforcement proceedings may commence
138	Time when enforcement proceedings may commence: general rule
139	Exception to general rule: attachment orders
	Restrictions on enforcement proceeding
140	Restriction on enforcement of judgment that is more than 6 years old
141	No enforcement of order for payment by instalments without default
142	Proceeding on cross-judgment
	Stay of enforcement proceeding
143	Stay of enforcement proceeding for inability to pay
144	Stay of proceeding on appeal
	Information about judgment debtor’s means
145	Filing of financial statement
146	Notice to complete financial statement
147	Court to request information about judgment debtor’s means
148	Court may order hearing if information about judgment debtor’s means not provided, etc
149	Application for financial assessment hearing
150	Power to arrest judgment debtor or officer
151	Financial assessment hearing
152	Registrar may exercise jurisdiction of court under sections 147, 148, 149, 151, 153, 155, and 161
153	Orders by court following filing of financial statement, etc
	Attachment orders
154	Interpretation
155	Attachment orders
156	Content of attachment orders
157	Effect of attachment orders
158	Liability of employer
159	Wrongful treatment of employee
160	Extent to which attachment orders bind the Crown
161	Variation, suspension, and discharge of attachment orders
162	Review of Registrar’s decision
	Contempt of enforcement proceedings
163	Contempt of enforcement proceedings
164	Process for dealing with application for contempt of enforcement proceedings
165	Warrant to arrest may be issued if judgment debtor cannot be served or fails to appear at hearing
166	Judgment debtor doing community work is discharged on payment
	Warrants to seize property
167	Warrant to seize property
168	Immobilisation of motor vehicles
169	Disposal of securities seized
170	Offence of rescuing goods seized
	Sale of goods seized under warrant to seize property
171	Period to elapse before sale
172	Goods must be sold by public auction unless court orders otherwise
173	Purchaser from bailiff acquires goods free of all ownership and other proprietary interests
174	Immunity of bailiff who sells without notice of claim to goods
175	Goods seized under warrant to seize property that are subject to security interest
176	Personal property securities register to be checked
	Claims in respect of goods seized under warrant to seize property
177	Priority of High Court and District Court executions
178	Sale of goods subject to third party claim
179	Third party claim process
	Garnishee proceedings
180	Garnishee proceedings
181	Money held on deposit or in account
182	Application of section 181
183	Liability to deliver or disclose deposit book, deposit receipt, etc
	Charging orders
184	Charging orders
185	Variation or discharge of charging order
186	Effect of charging order
187	Expiry of charging order in respect of land
188	Registration of charging order over land or mining privilege
189	Removal of charging order into High Court
	Order or warrant to detain person in prison
190	Issue and execution of order or warrant to detain in prison
191	Form of warrant to detain
192	Person to be detained in prison
193	Power of Judge to order discharge
	Warrant for recovery of land
194	Warrant for recovery of land
195	Time for executing warrant for recovery of land
196	Effect of possession given under warrant for recovery of land
197	Irregularity or informality in execution of warrant
198	Person illegally obtaining warrant liable for trespass
199	Immunity of Judge, etc, when warrant illegally obtained
200	Execution of warrant may be stayed on giving bond
201	Effect of judgment for tenant or occupier in proceeding for trespass
	Recovery of chattels
202	Warrant for recovery of chattels
203	Further proceedings if chattels not recovered
	Liability and protection of officers
204	Neglect by bailiffs
205	Liability of court officer for irregularity or informality in execution of warrant
206	Liability of bailiff acting under warrant
207	Warrant is proof of court’s authority
	Service
208	Service of documents under this Act
209	Service provisions modified in special cases
	Part 11 Miscellaneous and general provisions
	Warrants to arrest
210	Arrest of debtor about to leave New Zealand
	Interpleader
211	Interpleader
	Contempt [Repealed]
212	Contempt of court [Repealed]
	Restriction on commencing or continuing civil proceedings
213	Judge may make order restricting commencement or continuation of civil proceedings
214	Grounds for making section 213 order
215	Terms of section 213 order
216	Procedure and appeals relating to section 213 orders
	Recusal
217	Recusal guidelines
	Reserved judgments
218	Information regarding reserved judgments
	Financial provisions
219	Payment and recovery of fees
220	Enforcement of fines
221	Fines and fees must be paid to Crown Bank Account
	Miscellaneous
222	Prescribed documents to be sealed
223	Proof of service of documents
224	Subtenant to give notice of proceeding to subtenant’s immediate landlord
225	No privilege for lawyers
226	Constable must assist court or Judge
227	Keeper of prison must detain prisoner on request of bailiff or constable
228	Rules of practice and procedure
229	Application of rules
230	Regulations
231	Regulations providing for waiver, etc, of fees
232	Regulations providing for postponement of fees
233	Chief executive may approve forms
234	Reviews of decisions of Registrars concerning fees
235	Application of Act
236	Access to court information, judicial information, or Ministry of Justice information
237	Sharing of permitted information with other agencies
238	Requirements that Registrars disclose information
239	Judge or Registrar may waive certain fees
	Part 12 Repeal, references to courts, renaming of enactments, consequential amendments, and transitional, savings, and related provisions
	District Courts Act 1947 repealed
240	District Courts Act 1947 repealed
	References to District Courts, Family Courts, Youth Courts, and Disputes Tribunals
241	References to District Courts
242	References to Family Courts
243	References to Youth Courts
244	References to Disputes Tribunals
	District Courts Rules 2014 renamed and amended
245	Amendments to District Courts Rules 2014
246	Name of principal rules changed
247	Rule 1.1 amended (Title)
	Family Courts Act 1980 renamed and amended
248	Amendments to Family Courts Act 1980
249	Name of principal Act changed
250	Long Title repealed
251	Section 1 amended (Short Title and commencement)
252	New section 1A inserted (Purpose)
	1A	Purpose
	Family Courts Rules 2002 renamed and amended
253	Amendments to Family Courts Rules 2002
254	Name of principal rules changed
255	Rule 1 amended (Title)
	Disputes Tribunals Act 1988 renamed and amended
256	Amendments to Disputes Tribunals Act 1988
257	Name of principal Act changed
258	Long Title repealed
259	Section 1 amended (Short Title and commencement)
260	New section 1A inserted (Purpose)
	1A	Purpose
	Other consequential amendments
261	Other consequential amendments
	Transitional, savings, and related provisions
262	Transitional, savings, and related provisions
	Schedule 1AA Transitional, savings, and related provisions
	Schedule 1 Categories of information for purposes of sections 236 and 237 (District Court)
	Schedule 2 Consequential amendments relating to District Court
	Schedule 3 Transitional, savings, and related provisions relating to District Court
	Notes

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