Section 160 — District Court Act 2016: Extent to which attachment orders bind the Crown

160 Extent to which attachment orders bind the Crown (1) In this section,— employing department means— (a) a department of State in which a person is employed; and (b) in relation to a person to whom any retiring allowance or pension or other payment of a similar nature is payable— (i) out of the Government Superannuation Fund, the Government Superannuation Fund Authority: (ii) out of the National Provident Fund, the Board of Trustees of the National Provident Fund servant of the Crown — (a) means a person in the service of Her Majesty in respect of the Government of New Zealand: (b) includes a person in temporary or casual service: (c) does not include a person in honorary service: (d) includes any person serving in any of the New Zealand Armed Forces: (e) includes a person to whom any retiring allowance or pension or other payment of a similar nature is payable out of the Government Superannuation Fund or the National Provident Fund. (2) Sections 155 to 159 and 161 bind the Crown to the extent of and subject to subsections (3) and (4). (3) If the judgment debtor is a servant of the Crown, an attachment order may be made against the Crown as employer. (4) Where the judgment debtor is entitled to a benefit within the meaning of the Social Security Act 1964 , an attachment order may be made against the chief executive of the department for the time being responsible for the administration of that Act, and— (a) service of the order must be effected— (i) by leaving a copy of the order at, or sending a copy of the order by post to, either the district office of the department nearest to the judgment debtor’s place of residence or an address notified by the chief executive of the department to the chief executive; or (ii) by sending the order by email or other electronic means to an email address notified by the chief executive of the department to the chief executive of the Ministry of Justice; and (b) section 159 does not apply. Compare: 1947 No 16 s 84L