New Zealand Legislation: Acts

17 Powers and duties of bailiffs

• (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.”

  Compare: 1928 No 14 s 22

  Section 17(1)(a): substituted, on 1 October 2008, by section 118(2) of the Policing Act 2008 (2008 No 72).

  Section 17(1)(d): amended, on 1 April 1980, pursuant to section 18(1) of the District Courts Amendment Act 1979 (1979 No 125).

  Section 17(2): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

  Section 17(3): added, on 1 October 2008, by section 118(3) of the Policing Act 2008 (2008 No 72).