District Court Act 2016
Sections and provisions with full text and the judgments that cite each one.
Section 83 — Causes of action not to be divided
83 Causes of action not to be divided (1) A cause of action may not be divided for the purpose of bringing 2 or more proceedings or a counterclaim. (2) Nothing in subsection (1) prevents a party from…
Section 84 — Remedies
84 Remedies Subject to section 109 , in a proceeding a Judge may, in the same way as a Judge of the High Court in the same or a similar proceeding,— (a) grant remedies, redress, or relief: (b)…
Section 85 — Proceedings against absent defendant
85 Proceedings against absent defendant The court must not determine any proceeding against a defendant who is absent from New Zealand unless the court is satisfied that— (a) service has been…
Section 86 — Transfer of proceeding in which amount or value of claim exceeds $90,000
86 Transfer of proceeding in which amount or value of claim exceeds $90,000 (1) This section applies to a proceeding in which the amount of the claim or the value of the property or relief claimed or…
Section 87 — Transfer of proceeding in which amount or value of claim does not exceed $90,000
87 Transfer of proceeding in which amount or value of claim does not exceed $90,000 (1) This section applies to a proceeding in which the amount of the claim or the value of the property or relief…
Section 88 — Procedure for transfer of proceeding
88 Procedure for transfer of proceeding (1) A notice or an application for the transfer of a proceeding under section 86 or 87 must be given or made within the prescribed period or, with the leave of…
Section 89 — High Court Judge may order removal of proceeding into High Court
89 High Court Judge may order removal of proceeding into High Court (1) A High Court Judge may, on application by a party to a proceeding, order the removal of the proceeding into the High Court if…
Section 90 — Transfer of proceeding if no jurisdiction
90 Transfer of proceeding if no jurisdiction (1) A Judge may order the transfer of a proceeding for which the court does not have jurisdiction to the High Court or to another court that has…
Section 91 — Transfer of proceeding to High Court if counterclaim exceeds jurisdiction
91 Transfer of proceeding to High Court if counterclaim exceeds jurisdiction (1) This section applies to a proceeding in the court in which a counterclaim or set-off and counterclaim involves a…
Section 92 — Transfer of summary judgment applications to High Court
92 Transfer of summary judgment applications to High Court (1) Subject to subsection (2), a Judge may, on the application of a party to a summary judgment application made in the court or on the…
Section 93 — Determination of question of law by High Court
93 Determination of question of law by High Court (1) A Judge may order that a question of law in a proceeding in the court must be determined by the High Court. (2) The High Court has the same power…
Section 94 — Transfer of proceeding from High Court to District Court
94 Transfer of proceeding from High Court to District Court (1) A Judge of the High Court may, on the application of a party to a proceeding commenced in the High Court, transfer the proceeding to…
Section 95 — Procedure on transfer of proceeding to District Court
95 Procedure on transfer of proceeding to District Court (1) If an order is made under section 94 to transfer a proceeding to the District Court, the Registrar of the relevant registry of the High…
Section 96 — Costs in cases transferred
96 Costs in cases transferred (1) This section applies to a proceeding or counterclaim or set-off and counterclaim (a transferred proceeding ) that is transferred— (a) from the District Court to the…
Section 97 — Trustees, executors, and administrators
97 Trustees, executors, and administrators (1) Any trustee, executor, or administrator may be a party to a proceeding as if he or she were a party in his or her own right, without joining any of the…
Section 98 — Minors
98 Minors (1) Any minor who is or has been married or in a civil union may be a party to a proceeding in contract or tort in his or her own name. (2) A judgment in a proceeding under subsection (1)…
Section 99 — Persons jointly liable
99 Persons jointly liable In a claim against 2 or more persons who are jointly liable,— (a) it is sufficient to serve any 1 or more of those persons; and (b) judgment may be obtained, and execution…
Section 100 — Bankruptcy of plaintiff
100 Bankruptcy of plaintiff (1) The bankruptcy of a plaintiff in a proceeding that the Official Assignee might continue for the benefit of creditors does not bring the proceeding to an end if, within…
Section 101 — Witness expenses
101 Witness expenses (1) The following persons are entitled, in the prescribed amount, to witness expenses and compensation for loss of time: (a) a person who comes to the court on a witness summons:…
Section 102 — Offence to disobey witness summons
102 Offence to disobey witness summons (1) Every person commits an offence and is liable on conviction to a fine not exceeding $2,000 who, having been served with a witness summons,— (a) fails…
Section 103 — Examination of witnesses and service of process overseas
103 Examination of witnesses and service of process overseas On an application made in accordance with the rules, the court may— (a) issue a commission, request, or order for the examination of…
Section 104 — Who may take affidavit
104 Who may take affidavit (1) Any of the following persons may take an affidavit or an affirmation to be used in the court: (a) a Judge: (b) a Registrar: (c) a Justice of the Peace: (d) a Community…
Section 105 — Pre-discovery
105 Pre-discovery (1) The court may, in the circumstances set out in the rules, make the orders set out in subsection (2) if— (a) a person ( A ) has made an application for those orders in accordance…
Section 106 — Discovery against non-party after proceeding commenced
106 Discovery against non-party after proceeding commenced (1) This section applies if it appears to the court, at any stage of a proceeding and in such circumstances as may be prescribed, that a…
Section 107 — Right to appear
107 Right to appear (1) A natural person who is a party to a proceeding in the court may— (a) appear and act for himself or herself; or (b) be represented by a lawyer. (2) A corporation may— (a)…
Section 108 — Trial by Judge
108 Trial by Judge (1) In all proceedings brought in the court, the Judge is the sole judge and must determine all questions of fact and law. (2) However, nothing in this section affects the power to…
Section 109 — Equity and good conscience
109 Equity and good conscience In a proceeding in which the amount claimed or the value of the property in issue does not exceed $5,000, the court may— (a) receive any evidence the court thinks fit,…
Section 110 — Judge must record various matters
110 Judge must record various matters (1) The Judge at a hearing in a proceeding in which there is a right of appeal without leave must record or cause to be recorded, whether by way of transcript or…
Section 111 — Reference to arbitration
111 Reference to arbitration (1) The court may, with the consent of the parties to a proceeding, order the proceeding or any issue in dispute in the proceeding to be referred to arbitration under the…
Section 112 — Application to set arbitral award aside
112 Application to set arbitral award aside (1) Despite section 111(4) , the court may, on the application of a party to the proceeding,— (a) set aside an arbitral award made on a reference under…
Section 113 — Judge may refer matter to Registrar or referee
113 Judge may refer matter to Registrar or referee (1) Subject to the rules, a Judge may refer the following to a Registrar or a referee to make an inquiry and a report: (a) any proceedings that…
Section 114 — Judge may refer matter of account to Registrar, etc
114 Judge may refer matter of account to Registrar, etc (1) A Judge may, after deciding or reserving any question of liability, refer to a Registrar or a Registrar and an accountant only any matter…
Section 115 — Reference by consent
115 Reference by consent (1) With the consent of the parties, a Judge may refer any question in any proceedings that requires any scientific, technical, business, or professional investigation to a…
Section 116 — Finality of judgments and orders
116 Finality of judgments and orders (1) A judgment or an order of the court is final and conclusive between the parties. (2) Subsection (1) is subject to this Act, any other enactment, and the…
Section 117 — Technical defects do not invalidate judgment, order, or proceeding
117 Technical defects do not invalidate judgment, order, or proceeding A technical defect or an irregularity does not invalidate a judgment, an order, or a proceeding. Compare: 1947 No 16 s 64
Section 118 — Payment of judgments or orders
118 Payment of judgments or orders (1) When giving a judgment or making an order for the payment of an amount of money (whether by way of satisfaction of the claim or counterclaim in the proceedings…
Section 119 — Stay if party unable to pay judgment amount
119 Stay if party unable to pay judgment amount (1) The court may suspend or stay or vary any judgment or order for the payment of an amount of money if the court considers that the party who must…
Section 120 — Removal of judgment of District Court into High Court
120 Removal of judgment of District Court into High Court (1) A judgment creditor or a person on the judgment creditor’s behalf may apply to the court to remove into the High Court a final judgment…
Section 121 — Proceeding in High Court on judgment or order of District Court
121 Proceeding in High Court on judgment or order of District Court (1) A proceeding may be brought in the High Court on a judgment or an order of the District Court. (2) Costs may be awarded to the…
Section 122 — Removal of judgment or order of High Court into District Court
122 Removal of judgment or order of High Court into District Court (1) A judgment creditor or a person on behalf of the judgment creditor may apply to the High Court to remove into the District Court…
Section 123 — Interpretation
123 Interpretation In this Part,— appeal means an appeal under section 124 decision includes a judgment and an interim or a final order, but does not include an order under section 212 (which relates…
Section 124 — General right of appeal
124 General right of appeal (1) This Part applies to a decision of the court, other than a decision of a kind in respect of which an enactment other than this Act— (a) expressly confers a right of…
Section 125 — No appeal if agreement that decision would be binding
125 No appeal if agreement that decision would be binding (1) An appeal may not be brought if, before the decision of the court, all the parties to the proceeding agree in writing that the decision…
Section 126 — Security for appeal
126 Security for appeal (1) An appellant under section 124 may be required under the High Court Rules 2016 to give the Registrar of the High Court security for costs. (2) Subsection (1) does not…
Section 127 — Appeals to be by way of rehearing
127 Appeals to be by way of rehearing Appeals must be by way of rehearing. Compare: 1947 No 16 s 75
Section 128 — Powers of High Court on appeal
128 Powers of High Court on appeal (1) The High Court may, after hearing an appeal,— (a) make any decision it thinks should have been made: (b) direct the District Court— (i) to rehear the…
Section 129 — Repayment of judgment amount and interest
129 Repayment of judgment amount and interest (1) This subsection applies if— (a) a party to a proceeding in the District Court ( A ) has, in accordance with a judgment or an order of the court, paid…
Section 130 — Enforcement proceedings
130 Enforcement proceedings For the purposes of enforcement proceedings, a judgment or an order of the High Court under section 128(1) (a) or (b) or under section 129(2) must be treated as if it were…
Section 131 — Types of enforcement proceeding
131 Types of enforcement proceeding The types of enforcement proceeding in the court are— (a) a proceeding to enforce a judgment or an order for the payment of money ( see section 133 ): (b) a…
Section 132 — Judgment may be enforced in any office of District Court
132 Judgment may be enforced in any office of District Court (1) A judgment or an order of the District Court or of a District Court Judge may be enforced in any court comprising the District Court…