Section 206 — District Court Act 2016: Liability of bailiff acting under warrant

206 Liability of bailiff acting under warrant (1) No proceeding may be brought against a bailiff for anything done under a warrant issued under this Act unless the conditions set out in subsection (2) are satisfied. (2) The conditions are as follows: (a) the intended plaintiff ( P ), or P’s lawyer or agent, has delivered to the office of the court a notice to produce the warrant authenticated by P or P’s lawyer or agent; and (b) the bailiff has failed to comply with the notice within 5 working days after the notice is received. (3) If a proceeding is commenced against a bailiff where the conditions in subsection (2) have been satisfied,— (a) judgment must be given for the bailiff if the warrant is produced or proved at trial, despite any defect of jurisdiction or other irregularity in the warrant; but (b) the officer who issued the warrant may be joined as a defendant in the proceeding. (4) If the plaintiff obtains judgment against the officer joined under subsection (3)(b), the plaintiff may recover from that officer the costs that the plaintiff is liable to pay to the bailiff. Compare: 1947 No 16 s 107