Section 179 — District Court Act 2016: Third party claim process

179 Third party claim process (1) If a claim is made under section 178 to or in respect of goods seized under a warrant to seize property, the bailiff may obtain a summons from the Registrar requiring the execution creditor and the claimant to appear before the court. (2) If a claim is made under section 178 in respect of property that is the subject of a financing statement registered on the personal property securities register kept under the Personal Property Securities Act 1999 , the bailiff must obtain from the Registrar a summons requiring the claimant to appear before the court. (3) The bailiff may obtain the summons, either before or after the return of the warrant, whether or not a proceeding has been brought against the bailiff in respect of the seizure. (4) On the issue of the summons, any proceeding brought in the District Court or other court in respect of the claim of any damage arising out of the execution of the warrant is stayed. (5) On hearing the summons, the court must— (a) decide the claim; and (b) decide any claim by 1 or more of the parties against the bailiff for damages arising out of the execution of the warrant; and (c) make an order as to costs as the court thinks fit. Compare: 1947 No 16 s 94