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StatuteDistrict Court Act 2016

Section 177 — District Court Act 2016: Priority of High Court and District Court executions

Text of the provision Official document

177 Priority of High Court and District Court executions (1) This section determines priority as between a sale order issued from the High Court and a warrant to seize property against the goods of the same person issued under this Act. (2) The right to the goods seized must be determined according to which of the following occurred first: (a) delivery to the Sheriff of the sale order to be executed: (b) delivery to the Registrar of the application for the warrant to seize property. (3) On request by the bailiff to whom the warrant to seize property is directed, the Sheriff must inform the bailiff in a notice, authenticated by the Sheriff, of the precise time of delivery of the sale order. (4) On request by the Sheriff, the bailiff to whom the warrant to seize property is directed must produce the warrant to any Sheriff’s officer. (5) The time recorded in a notice given under subsection (3), and the time endorsed on the warrant as the time of application to the Registrar, are conclusive for any Sheriff or bailiff to act in reliance on the priority so determined. Compare: 1947 No 16 s 92

Official source: legislation.govt.nz

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