Section 150 — District Court Act 2016: Power to arrest judgment debtor or officer

150 Power to arrest judgment debtor or officer (1) This section applies if a summons issued under section 148 or 149 cannot be served on a judgment debtor. (2) This section also applies if— (a) a summons was served on a judgment debtor at least 3 working days, or any shorter period agreed under section 148(5) or 151(1) , before the date of the hearing to which the summons relates; and (b) the judgment debtor fails to appear in person at the hearing or at any subsequent adjournment of the hearing. (3) This section applies in relation to a judgment debtor that is a body corporate if— (a) a summons was served on an officer of the judgment debtor (the relevant officer ) at least 3 working days, or any shorter period agreed under section 148(5) or 151(1) , before the date of the hearing to which the summons relates; and (b) an officer of the judgment debtor (whether or not the relevant officer) fails to appear in person at the hearing or at any subsequent adjournment of the hearing. (4) The summons must not be enforced by detention, but a Judge or Registrar may issue a warrant to arrest the judgment debtor or the relevant officer. (5) If the judgment debtor or the relevant officer is arrested under this section, the following provisions apply: (a) the judgment debtor or the relevant officer must be brought before a Judge or Registrar as soon as possible for the purpose of commencing or continuing the hearing: (b) the judgment debtor or relevant officer is bailable as of right: (c) section 168 of the Criminal Procedure Act 2011 and Parts 1 to 3 of the Bail Act 2000 apply, with any necessary modifications, as if an appearance at the hearing before a Judge or Registrar constituted part of the hearing of a charge, and as if references in those provisions to a court included references to a Judge or Registrar: (d) if the judgment debtor or relevant officer cannot practicably be brought before a Judge or Registrar, then a Police employee or bailiff may grant bail to the judgment debtor or relevant officer, and Parts 1 to 3 of the Bail Act 2000 apply, with any necessary modifications, as if the bail were granted by a Police employee under section 21(1) of that Act. (6) In this section, summons means— (a) a summons to attend a hearing under section 148: (b) a summons to attend a financial assessment hearing. Compare: 1947 No 16 s 84EA