District Court Act 2016
Sections and provisions with full text and the judgments that cite each one.
Section 133 — Judgment or order for payment of money
133 Judgment or order for payment of money Any judgment or order of any court or of any Judge for the payment of an amount of money may be enforced in the District Court by any 1 or more of the…
Section 134 — Judgment or order in nature of injunction, etc
134 Judgment or order in nature of injunction, etc (1) This section— (a) applies to a judgment or an order in the nature of an injunction; and (b) applies to a judgment or an order within the…
Section 135 — Discovery order
135 Discovery order An order of the court made under section 105 (which relates to pre-commencement discovery) or section 106 (which relates to discovery against a non-party) may be enforced, by…
Section 136 — Judgment or order for recovery of land
136 Judgment or order for recovery of land A judgment or an order for the recovery of land may be enforced under a warrant for the recovery of land. Compare: 1947 No 16 s 79(3)
Section 137 — Judgment or order for delivery of specific chattels
137 Judgment or order for delivery of specific chattels A judgment or an order for the delivery of specific chattels may be enforced, by order of a Judge,— (a) under a warrant for the recovery of…
Section 138 — Time when enforcement proceedings may commence: general rule
138 Time when enforcement proceedings may commence: general rule (1) Except as provided in section 139 , proceedings to enforce a judgment or an order may not be commenced unless— (a) at least 48…
Section 139 — Exception to general rule: attachment orders
139 Exception to general rule: attachment orders (1) An attachment order to enforce a judgment or an order for the payment of money may be made, and proceedings for such an attachment order may be…
Section 140 — Restriction on enforcement of judgment that is more than 6 years old
140 Restriction on enforcement of judgment that is more than 6 years old (1) A judgment or an order of the court that is more than 6 years old must not be enforced unless— (a) a Judge grants leave;…
Section 141 — No enforcement of order for payment by instalments without default
141 No enforcement of order for payment by instalments without default (1) An order for the payment of an amount of money by instalments must not be enforced unless there has occurred a default in…
Section 142 — Proceeding on cross-judgment
142 Proceeding on cross-judgment (1) This section applies if there are cross-judgments between the parties. (2) An enforcement proceeding can be taken only by the party who has obtained judgment for…
Section 143 — Stay of enforcement proceeding for inability to pay
143 Stay of enforcement proceeding for inability to pay (1) A Judge may stay an enforcement proceeding against a party if satisfied that the party is unable from any cause to pay any amount that is…
Section 144 — Stay of proceeding on appeal
144 Stay of proceeding on appeal A notice of appeal operates as a stay of proceedings under the decision appealed from only if— (a) a Judge orders that the proceedings are stayed; or (b) the…
Section 145 — Filing of financial statement
145 Filing of financial statement (1) In this Act, financial statement means a statement, in a form approved by the chief executive, of a judgment debtor’s— (a) assets and liabilities; and (b) income…
Section 146 — Notice to complete financial statement
146 Notice to complete financial statement (1) If a judgment creditor serves a notice to complete a financial statement on the judgment debtor, the judgment debtor must, within 10 working days after…
Section 147 — Court to request information about judgment debtor’s means
147 Court to request information about judgment debtor’s means (1) If a judgment creditor makes an application in a form approved by the chief executive, the court must request the judgment debtor to…
Section 148 — Court may order hearing if information about judgment debtor’s means not provided, etc
148 Court may order hearing if information about judgment debtor’s means not provided, etc (1) This section applies if— (a) no information about the judgment debtor’s means for satisfying the…
Section 149 — Application for financial assessment hearing
149 Application for financial assessment hearing (1) This section applies if a judgment creditor applies, in a form approved by the chief executive, for a hearing (a financial assessment hearing )…
Section 150 — Power to arrest judgment debtor or officer
150 Power to arrest judgment debtor or officer (1) This section applies if a summons issued under section 148 or 149 cannot be served on a judgment debtor. (2) This section also applies if— (a) a…
Section 151 — Financial assessment hearing
151 Financial assessment hearing (1) A financial assessment hearing must not be held until at least 3 working days after the date on which the summons was served or any shorter period agreed by the…
Section 152 — Registrar may exercise jurisdiction of court under sections 147, 148, 149, 151, 153, 155, and 161
152 Registrar may exercise jurisdiction of court under sections 147, 148, 149, 151, 153, 155, and 161 The jurisdiction of the court under sections 147 , 148 , 149 , 151 , 153 , 155 , and 161 may be…
Section 153 — Orders by court following filing of financial statement, etc
153 Orders by court following filing of financial statement, etc (1) This section applies if, after a judgment has been entered or an order made for the payment of money,— (a) a financial statement…
Section 154 — Interpretation
154 Interpretation In sections 155 to 161 , unless the context otherwise requires,— earnings period has the meaning given by section 156(b) employer , in relation to a judgment debtor, includes— (a)…
Section 155 — Attachment orders
155 Attachment orders (1) The court may make an attachment order to enforce a judgment or an order for the payment of money— (a) in the circumstances referred to in section 139(2) ; or (b) in the…
Section 156 — Content of attachment orders
156 Content of attachment orders An attachment order must be in a form approved by the chief executive and must specify— (a) the employer to whom the order relates; and (b) whether deductions are to…
Section 157 — Effect of attachment orders
157 Effect of attachment orders (1) An attachment order must direct that the money due and payable under the judgment or order being enforced is, by way of such amounts and in relation to such…
Section 158 — Liability of employer
158 Liability of employer (1) Subject to section 157(3) , as long as an attachment order remains in force, the employer to whom it relates must from time to time, whenever any salary and wages are…
Section 159 — Wrongful treatment of employee
159 Wrongful treatment of employee An employer commits an offence, and is liable on conviction to a fine not exceeding $1,000, who dismisses any employee or alters any employee’s position in the…
Section 160 — Extent to which attachment orders bind the Crown
160 Extent to which attachment orders bind the Crown (1) In this section,— employing department means— (a) a department of State in which a person is employed; and (b) in relation to a person to whom…
Section 161 — 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…
Section 162 — Review of Registrar’s decision
162 Review of Registrar’s decision (1) Any person affected by any order or direction made by a Registrar under section 150 , 153 , 155 , 161 , or 165 may apply to a Judge for a review of the order or…
Section 163 — Contempt of enforcement proceedings
163 Contempt of enforcement proceedings (1) No order may be made under subsection (3) unless any of the circumstances described in subsection (2) apply and the court is satisfied beyond reasonable…
Section 164 — Process for dealing with application for contempt of enforcement proceedings
164 Process for dealing with application for contempt of enforcement proceedings (1) On receipt of an application under section 163(3) , the Registrar must— (a) appoint a time and place for the…
Section 165 — Warrant to arrest may be issued if judgment debtor cannot be served or fails to appear at hearing
165 Warrant to arrest may be issued if judgment debtor cannot be served or fails to appear at hearing (1) If a copy of the application cannot be served on the judgment debtor under section 164(5) ,…
Section 166 — Judgment debtor doing community work is discharged on payment
166 Judgment debtor doing community work is discharged on payment (1) If a judgment debtor doing community work under an order made under section 163 pays, or causes to be paid, the amount due in…
Section 167 — Warrant to seize property
167 Warrant to seize property (1) A warrant to seize property is a warrant that requires the bailiff or constable to whom it is directed to seize and sell goods of a judgment debtor for payment of…
Section 168 — Immobilisation of motor vehicles
168 Immobilisation of motor vehicles (1) A bailiff or constable executing a warrant to seize property may, while seizing, or instead of seizing, a motor vehicle, immobilise the vehicle by attaching…
Section 169 — Disposal of securities seized
169 Disposal of securities seized (1) The bailiff who seizes securities referred to in section 167(2) (b) must deliver them to the Registrar. (2) The Registrar must hold the securities for the…
Section 170 — Offence of rescuing goods seized
170 Offence of rescuing goods seized (1) A person who rescues or attempts to rescue goods seized in execution under a warrant to seize property commits an offence and is liable on conviction to a…
Section 171 — Period to elapse before sale
171 Period to elapse before sale (1) Goods seized under a warrant to seize property must not be sold before 5 working days after the date of seizure have elapsed. (2) Subsection (1) does not apply…
Section 172 — Goods must be sold by public auction unless court orders otherwise
172 Goods must be sold by public auction unless court orders otherwise (1) Goods seized under a warrant to seize property must be sold by public auction unless a court orders otherwise. (2) A bailiff…
Section 173 — Purchaser from bailiff acquires goods free of all ownership and other proprietary interests
173 Purchaser from bailiff acquires goods free of all ownership and other proprietary interests (1) A person who purchases from a bailiff goods seized under a warrant to seize property, and who…
Section 174 — Immunity of bailiff who sells without notice of claim to goods
174 Immunity of bailiff who sells without notice of claim to goods (1) Except under subsection (2), no person has any claim against a bailiff or any person acting under a bailiff’s authority (an…
Section 175 — Goods seized under warrant to seize property that are subject to security interest
175 Goods seized under warrant to seize property that are subject to security interest (1) This section applies if a third person claims a security interest in goods that have been seized under a…
Section 176 — Personal property securities register to be checked
176 Personal property securities register to be checked (1) If goods are seized under a warrant to seize property, the Registrar must, on the next working day after the goods are seized, check…
Section 177 — Priority of High Court and District Court executions
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…
Section 178 — Sale of goods subject to third party claim
178 Sale of goods subject to third party claim (1) Unless a claimant to or in respect of goods seized under a warrant to seize property complies with subsection (2), the bailiff must— (a) sell the…
Section 179 — 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…
Section 180 — Garnishee proceedings
180 Garnishee proceedings A person ( A ) who has obtained a judgment or an order for the payment of money may take a proceeding (a garnishee proceeding ) under the rules to obtain— (a) the payment to…
Section 181 — Money held on deposit or in account
181 Money held on deposit or in account For the purposes of a garnishee proceeding, a debt owing or accruing to a judgment debtor ( D ) and, subject to section 182 and the rules, accordingly…
Section 182 — Application of section 181
182 Application of section 181 (1) Section 181 applies whether or not any of the following conditions of the deposit or account has been satisfied: (a) a condition that notice must be given before…