Section 122 — District Court Act 2016: Removal of judgment or order of High Court into District Court
Text of the provision Official document
122 Removal of judgment or order of High Court into District Court (1) A judgment creditor or a person on behalf of the judgment creditor may apply to the High Court to remove into the District Court a judgment or an order or a decree of the High Court (the judgment ) for payment of an amount of money. (2) The Registrar of the High Court must issue a certificate of removal in the prescribed form, which may be filed by the judgment creditor in the District Court. (3) No further steps may be taken in relation to the proceeding in which the judgment was given in the High Court after the Registrar of the High Court has issued the certificate. (4) On the filing of the certificate,— (a) if the District Court has jurisdiction in relation to the amount of the judgment, the judgment plus interest may be enforced in the District Court; or (b) if the District Court has jurisdiction in relation to the unpaid balance of the judgment, the unpaid balance of the judgment plus interest may be enforced in the District Court; or (c) if the District Court has jurisdiction in relation to the amount of part of the judgment and the judgment creditor abandons any amount in excess of that amount, the part of the judgment or of the unpaid balance of that part plus interest may be enforced in the District Court. (5) A judgment may also be enforced for any fees and costs awarded in connection with removing it into the District Court. (6) Except as provided by this section, no proceeding on a judgment of the High Court may be brought in the District Court. Compare: 1947 No 16 s 68
Official source: legislation.govt.nz
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