District Courts Act 1947

  • repealed
  • District Courts Act 1947: repealed, on 1 January 2018, by section 240 of the District Court Act 2016 (2016 No 49).

Reprint as at 1 January 2018

Coat of Arms of New Zealand

District Courts Act 1947

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

District Courts Act 1947: repealed, on 1 January 2018, by section 240 of the District Court Act 2016 (2016 No 49).

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice.

Contents

Title [Repealed]
1Short Title and commencement [Repealed]
2Interpretation [Repealed]
[Repealed]
[Repealed]
3Courts constituted [Repealed]
4Appointment of places for holding of courts [Repealed]
4ASittings of court at other places [Repealed]
4BDisputes Tribunals [Repealed]
[Repealed]
5Appointment and qualifications [Repealed]
5AAJudges act on full-time basis but may be authorised to act part-time [Repealed]
5AChief District Court Judge [Repealed]
5BAppointment of jury trial Judges [Repealed]
6Salaries and allowances [Repealed]
7Tenure of office [Repealed]
8Ex officio functions of Judges [Repealed]
9Assignment and rostering of District Court Judges [Repealed]
10Acting Judges [Repealed]
10ARetired Judges may act [Repealed]
11Jurisdiction of Judge in Chatham Islands [Repealed]
[Repealed]
11AAppointment of Community Magistrates [Repealed]
11BRight to hold other office and to engage in other employment [Repealed]
11CFunctions and powers of Community Magistrates [Repealed]
11CANo proceeding against Community Magistrate unless he or she acted without jurisdiction [Repealed]
11CBNo proceeding against Community Magistrate to be commenced in District Court [Repealed]
11CCOnus of proof [Repealed]
11CDPlaintiff may be ordered to give security for costs [Repealed]
11CEIndemnity to Community Magistrate [Repealed]
11DChief Community Magistrate [Repealed]
11EFunctions of Chief Community Magistrate [Repealed]
11FTenure of office [Repealed]
11GRemuneration and allowances of Community Magistrates [Repealed]
11HRetired Community Magistrates [Repealed]
[Repealed]
12Appointment of Registrar [Repealed]
13Record of proceedings to be kept by Registrar [Repealed]
14Deputy Registrars [Repealed]
[Repealed]
15Appointment of bailiffs [Repealed]
16Deputy bailiffs [Repealed]
17Powers and duties of bailiffs [Repealed]
17ASections 121, 128, and 129 of Search and Surveillance Act 2012 inapplicable to bailiffs [Repealed]
[Repealed]
18Penalty for assaulting officers [Repealed]
19Misconduct of officers [Repealed]
20Officers of court not to act as solicitors therein [Repealed]
[Repealed]
21Place of sittings [Repealed]
22Times of sittings [Repealed]
23Adjourned sittings [Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
29General jurisdiction in respect of proceedings [Repealed]
30Money recoverable by statute [Repealed]
31Extending jurisdiction in actions for recovery of land [Repealed]
32Landlord’s right where rent is in arrear or premises deserted [Repealed]
33Jurisdiction as to building societies [Repealed]
[Repealed]
34Equity jurisdiction [Repealed]
[Repealed]
35Jurisdiction where title in question [Repealed]
36Abandonment of part of claim to give court jurisdiction [Repealed]
37Extension of jurisdiction in admiralty by agreement between the parties [Repealed]
38Division of cause of action not allowed [Repealed]
39Proceedings against absent defendant [Repealed]
[Repealed]
40Persons who exercise jurisdiction of court [Repealed]
41General ancillary jurisdiction [Repealed]
42Ancillary powers of Judge [Repealed]
42AJurisdiction exclusive of interest awarded [Repealed]
[Repealed]
43Transfer to High Court of proceeding within jurisdiction [Repealed]
44Transfer of proceedings beyond jurisdiction [Repealed]
45Transfer of proceedings where there is a counterclaim [Repealed]
45ARemoval of summary judgment application from District Court to High Court [Repealed]
[Repealed]
45BRemoval of question of law into High Court [Repealed]
46Transfer of proceeding from High Court to District Court [Repealed]
47Procedure on transfer of proceeding from High Court to District Court [Repealed]
48Costs in cases transferred or removed [Repealed]
[Repealed]
49Trustees, executors, and administrators [Repealed]
50Amount of wages, etc, for which minor may sue [Repealed]
51Persons jointly liable [Repealed]
52Bankruptcy of plaintiff [Repealed]
[Repealed]
53Witness entitled to expenses [Repealed]
54Penalty for neglecting witness summons [Repealed]
55Examination of witnesses and service of process abroad [Repealed]
56Persons who may take affidavits, etc [Repealed]
[Repealed]
56APowers of court exercisable before commencement of proceeding [Repealed]
56BPower of court to order particular discovery against non-party after proceeding commenced [Repealed]
[Repealed]
57Right of audience [Repealed]
58Trial by Judge [Repealed]
59Equity and good conscience [Repealed]
60Judge to take notes [Repealed]
61Power of Judge to refer to arbitration [Repealed]
62Power of Judge to refer to Registrar or referee [Repealed]
62AReference by consent [Repealed]
[Repealed]
62BPower of court to award interest on debts and damages [Repealed]
63Finality of judgments and orders [Repealed]
64Want of form [Repealed]
65Payment of judgments and orders [Repealed]
65AInterest on judgment debts [Repealed]
[Repealed]
66Removal of judgment of District Court into High Court [Repealed]
67Proceeding in High Court on judgment or order of District Court [Repealed]
68Removal of judgment or order of High Court into District Court [Repealed]
69Removal of judgment from one court to another [Repealed]
70Removal of judgment of abolished court [Repealed]
[Repealed]
70AApplication of rules [Repealed]
[Repealed]
71Interpretation [Repealed]
71ARight to appeal [Repealed]
72General right of appeal [Repealed]
73Agreements that decision would be binding [Repealed]
74Security for appeal [Repealed]
75Appeals to be by way of rehearing [Repealed]
76Powers of High Court on appeal [Repealed]
77Repayment of judgment sum and interest [Repealed]
78Enforcement proceedings [Repealed]
78ARight of appeal in respect of contempt of court [Repealed]
[Repealed]
[Repealed]
79Nature of proceedings for enforcement of judgment [Repealed]
79AJudgment may be enforced in any District Court [Repealed]
80Enforcement of judgments more than 6 years old [Repealed]
81Enforcement of order for payment by instalments [Repealed]
82Proceedings on cross-judgments [Repealed]
83Power to stay proceedings for enforcement [Repealed]
84Stay of proceedings on appeal [Repealed]
[Repealed]
84AFiling of financial statement [Repealed]
84BNotice to complete financial statement [Repealed]
84CCourt to request information about judgment debtor’s means [Repealed]
84DCourt may order hearing if information about judgment debtor’s means not provided, etc [Repealed]
84EApplication for financial assessment hearing [Repealed]
84EAPower to arrest judgment debtor or officer [Repealed]
84EBFinancial assessment hearing [Repealed]
84ECOrders by court following filing of financial statement, etc [Repealed]
[Repealed]
84FInterpretation [Repealed]
84GAttachment orders [Repealed]
84HContent of attachment orders [Repealed]
84IEffect of attachment orders [Repealed]
84JLiability of employer [Repealed]
84KWrongful treatment of employee [Repealed]
84LExtent to which attachment orders bind the Crown [Repealed]
84MVariation, suspension, and discharge of attachment orders [Repealed]
[Repealed]
84NReview of Registrar’s decision [Repealed]
[Repealed]
84OContempt procedures [Repealed]
84OAProcess for dealing with application for contempt procedures [Repealed]
84OBWarrant to arrest may be issued if judgment debtor cannot be served or fails to appear at hearing [Repealed]
84PApplication of Part 1 of Legal Services Act 1991 [Repealed]
84QJudgment debtor doing community work to be discharged on payment [Repealed]
[Repealed]
85Warrant to seize property [Repealed]
85AImmobilisation of motor vehicles [Repealed]
86Disposal of bills of exchange, etc, seized [Repealed]
87Penalty for rescue of goods seized [Repealed]
[Repealed]
88Period to elapse before sale [Repealed]
89Sale of goods by public auction unless otherwise ordered [Repealed]
90Protection of bailiff selling goods under execution without notice of claim by third party [Repealed]
91Procedure when goods seized are secured under bill of sale [Repealed]
91APersonal property securities register to be checked [Repealed]
[Repealed]
92Priority of High Court and District Court executions [Repealed]
93Sale of goods where claim made thereto [Repealed]
94Third party claim process [Repealed]
95Claims for rent where goods seized under execution [Repealed]
[Repealed]
96Garnishee proceedings [Repealed]
[Repealed]
96ACharging orders [Repealed]
[Repealed]
97Issue and execution of orders or warrants of committal [Repealed]
98Power of Judge to order discharge [Repealed]
[Repealed]
99Warrant for the recovery of land [Repealed]
100Irregularity in execution of warrant can only be sued for as special damage [Repealed]
101Person illegally obtaining warrant liable for trespass [Repealed]
102Execution of warrant may be stayed on giving bond [Repealed]
[Repealed]
103Warrant for the recovery of chattels [Repealed]
104Further proceedings if chattels not recovered [Repealed]
[Repealed]
105Neglect by bailiffs [Repealed]
106Irregularity in executing warrants [Repealed]
107Actions against bailiffs acting under warrants [Repealed]
108Action to be brought within 6 months, and 1 month’s notice to be given [Repealed]
[Repealed]
108AService of documents under this Part [Repealed]
108BService provisions modified in special cases [Repealed]
[Repealed]
[Repealed]
109Absconding debtors may be held to bail [Repealed]
110Successful plaintiff entitled to execution, successful defendant entitled to compensation [Repealed]
[Repealed]
111Interpleader [Repealed]
[Repealed]
112Penalty for contempt of court [Repealed]
[Repealed]
113Payment and recovery of fees [Repealed]
114Enforcement of fines [Repealed]
115Fines and fees to be paid to Crown Bank Account [Repealed]
[Repealed]
116Prescribed documents to be sealed [Repealed]
116AProof of service of documents [Repealed]
117Subtenant to give notice of proceeding to subtenant’s immediate landlord [Repealed]
118Actions on lost instruments [Repealed]
119Immunity of Judges [Repealed]
120No privilege to solicitors [Repealed]
121Constables, etc, to assist [Repealed]
122District Courts Rules [Repealed]
123Regulations [Repealed]
123AAChief executive of Ministry of Justice may approve forms [Repealed]
123AReviews of decisions of Registrars concerning fees [Repealed]
124Application of Act [Repealed]
125Repeals and savings [Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
Reprint notes
Title [Repealed]

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