Section 161 — District Court Act 2016: Variation, suspension, and discharge of attachment orders

161 Variation, suspension, and discharge of attachment orders (1) A judgment creditor or judgment debtor may apply to the court at any time for an attachment order to be varied, suspended, or discharged. (2) The party who makes an application under subsection (1) must serve a copy of the application on the other party. (3) If an application under subsection (1) is made, the court may vary, suspend, or discharge the attachment order if good cause is shown to the satisfaction of the court why the order should be so varied, suspended, or discharged. (4) The court may vary, suspend, or discharge the attachment order even if the other party has not had the opportunity to make representations to the court about the application. (5) If an attachment order is varied, suspended, or discharged under subsection (3), notice of the variation, suspension, or discharge must be served on the employer to whom the order relates, the judgment creditor, and the judgment debtor. (6) A variation, suspension, or discharge of an attachment order takes effect when the notice referred to in subsection (5) is served on the employer, unless (in the case of a discharge) subsection (7) applies. (7) An attachment order may also be discharged at any time by written notice (which may be given by email or other electronic means) from the judgment creditor to the employer to whom the order relates, and the discharge takes effect when the notice is given to the employer. Compare: 1947 No 16 s 84M