District Court Bill

  • enacted
  • Previous title has changed

Hon Amy Adams

District Court Bill

Government Bill

178—3B

Contents

Bill note
Key
1Title
2Commencement
184Purposes
185Interpretation
186Act binds the Crown
187Application of this Act
188District Court
189Seal
190Divisions of court
191Court offices
192Appointment of Judge
193Maximum number of Judges
194Appointment of Judge to sit in other jurisdiction or division of court
195Appointment of jury trial Judges
197Who is eligible for appointment as Judge
198Tenure of Judges
200Restrictions on Judges
201Protocol relating to activities of Judges
202Powers of Judges
203Exercise of jurisdiction
204Additional powers of Judges
205Other functions of Judges
206Immunity of Judges
207Chief District Court Judge
208Tenure of Chief District Court Judge
209Acting Chief District Court Judge
210Resignation
211Retirement
212Removal
213Attorney-General may authorise permanent Judge to sit part-time
214Appointment of acting Judges
215Term of appointment of acting Judge
216Acting Judge must be authorised to act
217Remuneration of Chief District Court Judge, principal Judges, and permanent Judges
218Remuneration of part-time or acting Judge
218ASuperannuation of acting Judges
219Reduction in remuneration of Chief District Court Judge or principal Judge
220Judge’s remuneration must not be reduced
221Appointment of Community Magistrate
222Who is eligible for appointment as Community Magistrate
223Functions and powers of Community Magistrate
224Tenure of Community Magistrate
225Retirement, resignation, and removal
226Remuneration of Community Magistrate must not be reduced
227Restrictions on Community Magistrates
228No proceeding against Community Magistrate unless he or she acted without jurisdiction
229No proceeding against Community Magistrate to be commenced in District Court
230Onus of proof
231Plaintiff may be ordered to give security for costs
232Indemnity to Community Magistrate
233Chief Community Magistrate
234Appointment of Chief Community Magistrate
235Who is eligible for appointment as Chief Community Magistrate
236Tenure of Chief Community Magistrate
237Functions of Chief Community Magistrate
238Acting Chief Community Magistrate
239Appointment of acting Community Magistrates
240Term of appointment of acting Community Magistrate
241Acting Community Magistrate must be authorised to act
242Remuneration of Chief Community Magistrate and Community Magistrates
243Remuneration of acting Community Magistrate
244Appointment of Registrars, Deputy Registrars, and other officers of court
245Powers of Registrars and Deputy Registrars
246Registrar must hold record of proceedings
247Admissibility of document required to be held by Registrar
248Appointment of bailiffs
249Appointment of deputy bailiffs
250Powers and duties of bailiffs
251Powers, etc, of deputy bailiffs
252Misconduct of officers
253Officer of court must not act as lawyer in court proceedings
254Sessions of court and adjournments
255Criminal jurisdiction of court
256General civil jurisdiction
257Money recoverable by statute
258Jurisdiction in equity
259Jurisdiction in relation to partnerships
260Exceptions
261Jurisdiction to recover land in certain cases
262Abandonment of part of claim to give court jurisdiction
263Extension of jurisdiction by consent
264Jurisdiction exclusive of interest
265Causes of action not to be divided
266Remedies
267Proceedings against absent defendant
268Transfer of proceeding in which amount or value of claim exceeds $90,000
269Transfer of proceeding in which amount or value of claim does not exceed $90,000
270Procedure for transfer of proceeding
271High Court Judge may order removal of proceeding into High Court
272Transfer of proceeding if no jurisdiction
273Transfer of proceeding to High Court if counterclaim exceeds jurisdiction
274Transfer of summary judgment applications to High Court
275Determination of question of law by High Court
276Transfer of proceeding from High Court to District Court
277Procedure on transfer of proceeding to District Court
278Costs in cases transferred
279Trustees, executors, and administrators
280Minors
281Persons jointly liable
282Bankruptcy of plaintiff
283Witness expenses
284Offence to disobey witness summons
285Examination of witnesses and service of process overseas
286Who may take affidavit
287Pre-discovery
288Discovery against non-party after proceeding commenced
289Right to appear
290Trial by Judge
291Equity and good conscience
292Judge must record various matters
293Reference to arbitration
294Application to set arbitral award aside
295Judge may refer matter to Registrar or referee
296Judge may refer matter of account to Registrar, etc
297Reference by consent
298Finality of judgments and orders
299Technical defects do not invalidate judgment, order, or proceeding
300Payment of judgments or orders
301Stay if party unable to pay judgment amount
302Removal of judgment of District Court into High Court
303Proceeding in High Court on judgment or order of District Court
304Removal of judgment or order of High Court into District Court
305Interpretation
306General right of appeal
307No appeal if agreement that decision would be binding
308Security for appeal
309Appeals to be by way of rehearing
310Powers of High Court on appeal
311Repayment of judgment amount and interest
312Enforcement proceedings
313Types of enforcement proceeding
314Judgment may be enforced in any office of District Court
315Judgment or order for payment of money
316Judgment or order in nature of injunction, etc
317Discovery order
318Judgment or order for recovery of land
319Judgment or order for delivery of specific chattels
320Time when enforcement proceedings may commence: general rule
321Exception to general rule: attachment orders
322Restriction on enforcement of judgment that is more than 6 years old
323No enforcement of order for payment by instalments without default
324Proceeding on cross-judgment
325Stay of enforcement proceeding for inability to pay
326Stay of proceeding on appeal
327Filing of financial statement
328Notice to complete financial statement
329Court to request information about judgment debtor’s means
330Court may order hearing if information about judgment debtor’s means not provided, etc
331Application for financial assessment hearing
332Power to arrest judgment debtor or officer
333Financial assessment hearing
334Registrar may exercise jurisdiction of court under sections 329, 330, 331, 333, 335, 337, and 343
335Orders by court following filing of financial statement, etc
336Interpretation
337Attachment orders
338Content of attachment orders
339Effect of attachment orders
340Liability of employer
341Wrongful treatment of employee
342Extent to which attachment orders bind the Crown
343Variation, suspension, and discharge of attachment orders
344Review of Registrar’s decision
345Contempt of enforcement proceedings
346Process for dealing with application for contempt of enforcement proceedings
347Warrant to arrest may be issued if judgment debtor cannot be served or fails to appear at hearing
348Judgment debtor doing community work is discharged on payment
349Warrant to seize property
350Immobilisation of motor vehicles
351Disposal of securities seized
352Offence of rescuing goods seized
353Period to elapse before sale
354Goods must be sold by public auction unless court orders otherwise
355Purchaser from bailiff acquires goods free of all ownership and other proprietary interests
356Immunity of bailiff who sells without notice of claim to goods
357Goods seized under warrant to seize property that are subject to security interest
358Personal property securities register to be checked
359Priority of High Court and District Court executions
360Sale of goods subject to third party claim
361Third party claim process
362Garnishee proceedings
363Money held on deposit or in account
364Application of section 363
365Liability to deliver or disclose deposit book, deposit receipt, etc
366Charging orders
367Variation or discharge of charging order
368Effect of charging order
369Charging order in respect of land expires after 2 years
370Registration of charging order over land or mining privilege
371Removal of charging order into High Court
372Issue and execution of order or warrant to detain in prison
373Form of warrant to detain
374Person to be detained in prison
375Power of Judge to order discharge
376Warrant for recovery of land
377Time for executing warrant of for recovery of land
378Effect of possession given under warrant for recovery of land
379Irregularity or informality in execution of warrant
380Person illegally obtaining warrant liable for trespass
381Immunity of Judge, etc, when warrant illegally obtained
382Execution of warrant may be stayed on giving bond
383Effect of judgment for tenant or occupier in proceeding for trespass
384Warrant for recovery of chattels
385Further proceedings if chattels not recovered
386Neglect by bailiffs
387Liability of court officer for irregularity or informality in execution of warrant
388Liability of bailiff acting under warrant
389Warrant is proof of court’s authority
390Service of documents under this Act
391Service provisions modified in special cases
392Arrest of debtor about to leave New Zealand
393Interpleader
394Contempt of court
395Judge may make order restricting commencement or continuation of civil proceedings
396Grounds for making section 395 order
397Terms of section 395 order
398Procedure and appeals relating to section 395 orders
399Recusal guidelines
400Information regarding reserved judgments
401Final written judgments to be published on Internet
402Payment and recovery of fees
403Enforcement of fines
404Fines and fees must be paid to Crown Bank Account
405Prescribed documents to be sealed
406Proof of service of documents
407Subtenant to give notice of proceeding to subtenant’s immediate landlord
408No privilege for lawyers
409Constable must assist court or Judge
410Keeper of prison must detain prisoner on request of bailiff or constable
411Rules of practice and procedure
412Application of rules
413Regulations
414Regulations providing for waiver, etc, of fees
415Regulations providing for postponement of fees
416Chief executive may approve forms
417Reviews of decisions of Registrars concerning fees
418Application of Act
419Access to court records information, judicial information, or ministry Ministry of Justice information
419ASharing of permitted information with other departments
419BRequirements that Registrars disclose information
419CJudge or Registrar may waive certain fees
420District Courts Act 1947 repealed
421Consequential amendments
421References to District Courts
421AReferences to Family Courts
421BReferences to Youth Courts
421CReferences to Disputes Tribunals
421DAmendments to District Courts Rules 2014
421EName of principal rules changed
421FRule 1.1 amended (Title)
421GAmendments to Family Courts Act 1980
421HName of principal Act changed
421ILong Title repealed
421JSection 1 amended (Short Title and commencement)
421KNew section 1A inserted (Purpose)
1APurpose
421LAmendments to Family Courts Rules 2002
421MName of principal rules changed
421NRule 1 amended (Title)
421OAmendments to Disputes Tribunals Act 1988
421PName of principal Act changed
421QLong Title repealed
421RSection 1 amended (Short Title and commencement)
421SNew section 1A inserted (Purpose)
1APurpose
421TOther consequential amendments
422Transitional, savings, and related provisions
Legislative history

The Parliament of New Zealand enacts as follows: