Section 139 — District Court Act 2016: Exception to general rule: attachment orders

139 Exception to general rule: attachment orders (1) An attachment order to enforce a judgment or an order for the payment of money may be made, and proceedings for such an attachment order may be commenced, at any time after the judgment is entered or the order is made. (2) An attachment order may be made, and proceedings for such an attachment order may be commenced, immediately after a judgment or an order for the payment of money is filed if,— (a) in the case of a money order (as defined in section 19(1A) of the Disputes Tribunal Act 1988 or, as the case may be, section 78(2AB) of the Residential Tenancies Act 1986),— (i) the money order records that the parties have agreed to enforce the payment of money specified in the money order by way of an attachment order made under this Act; and (ii) section 19(1B) of the Disputes Tribunal Act 1988 or, as the case may be, section 78(2AC) of the Residential Tenancies Act 1986 is complied with; or (b) in the case of a judgment or an order made by a court,— (i) the judgment or order records that the parties have agreed to enforce the payment of money specified in the judgment or order by way of an attachment order made under this Act; and (ii) subsection (3) is complied with. (3) This subsection is complied with if— (a) the judgment or order was given or made at or following a hearing at which both parties were present; and (b) the party ordered to pay money consented to the payment of the money being enforced by way of an attachment order; and (c) both parties agreed on the terms of the attachment order, including the details specified in section 156 ; and (d) the judgment or order includes the details specified in section 156 . (4) Nothing in subsection (3)(c) allows the parties to agree on a net amount to be paid for an earnings period that would otherwise derogate from section 157(3) . (5) For the purposes of subsection (3), hearing includes a judicial settlement conference held under the rules. Compare: 1947 No 16 s 79(5), (5C)–(5F)