District Court Act 2016
Sections and provisions with full text and the judgments that cite each one.
Section 183 — Liability to deliver or disclose deposit book, deposit receipt, etc
183 Liability to deliver or disclose deposit book, deposit receipt, etc The rules may— (a) require a person who is in possession of a deposit book, a deposit receipt, or any other similar document…
Section 184 — Charging orders
184 Charging orders (1) A person who has obtained a judgment or an order for the payment of money may apply to the court in accordance with the rules for a charging order. (2) The court may make a…
Section 185 — Variation or discharge of charging order
185 Variation or discharge of charging order (1) The court may vary or discharge a charging order at any time. (2) An order discharging or varying a charging order may be registered or recorded in…
Section 186 — Effect of charging order
186 Effect of charging order A charging order has the following effect (subject, in the case of a charging order over a registered estate or interest in any land, to registration under section 188 ):…
Section 187 — Charging order in respect of land expires after 2 years
187 Charging order in respect of land expires after 2 years (1) A charging order in respect of land expires 2 years from the date of the order. (2) A charging order expires on the earlier of the…
Section 188 — Registration of charging order over land or mining privilege
188 Registration of charging order over land or mining privilege (1) This section applies when a charging order is made in respect of the registered estate or interest of the judgment debtor in land.…
Section 189 — Removal of charging order into High Court
189 Removal of charging order into High Court (1) A charging order may be removed into the High Court in accordance with section 120 , which applies with any necessary modifications. (2) A charging…
Section 190 — Issue and execution of order or warrant to detain in prison
190 Issue and execution of order or warrant to detain in prison (1) This section applies when, under this Act or the rules, the court makes an order or issues a warrant for the detention of a person…
Section 191 — Form of warrant to detain
191 Form of warrant to detain A warrant to detain a person in prison must contain the information required by the rules.
Section 192 — Person to be detained in prison
192 Person to be detained in prison (1) A person detained in prison under an order made or a warrant issued under section 190 must be detained in a prison established under, or deemed to be…
Section 193 — Power of Judge to order discharge
193 Power of Judge to order discharge (1) A Judge may at any time order the discharge of a person detained under section 192 if the Judge considers for any reason that the person should be…
Section 194 — Warrant for recovery of land
194 Warrant for recovery of land (1) The court may issue a warrant (a warrant for the recovery of land ) authorising the bailiff or the constable to whom it is directed to give possession of the land…
Section 195 — Time for executing warrant for recovery of land
195 Time for executing warrant for recovery of land A bailiff or a constable to whom a warrant for the recovery of land is directed may execute the warrant only at a time that is between 9 am and 4…
Section 196 — Effect of possession given under warrant for recovery of land
196 Effect of possession given under warrant for recovery of land (1) The person to whom possession is given in accordance with a warrant for the recovery of land holds the land free of any tenancy.…
Section 197 — Irregularity or informality in execution of warrant
197 Irregularity or informality in execution of warrant (1) A person ( A ) who applies for the issue of a warrant for the recovery of land and is lawfully entitled to possession of the land at the…
Section 198 — Person illegally obtaining warrant liable for trespass
198 Person illegally obtaining warrant liable for trespass A person who applies for the issue of a warrant for the recovery of land and is not lawfully entitled to the possession of the land at the…
Section 199 — Immunity of Judge, etc, when warrant illegally obtained
199 Immunity of Judge, etc, when warrant illegally obtained No proceeding or action may be taken against any of the following persons by reason only that a warrant for the recovery of land was issued…
Section 200 — Execution of warrant may be stayed on giving bond
200 Execution of warrant may be stayed on giving bond (1) The execution of a warrant for the recovery of land must be stayed if the tenant or occupier of the land ( A ) gives a bond to the landlord…
Section 201 — Effect of judgment for tenant or occupier in proceeding for trespass
201 Effect of judgment for tenant or occupier in proceeding for trespass If a tenant or an occupier of land ( A ) obtains judgment in a proceeding for trespass when the execution of a warrant for the…
Section 202 — Warrant for recovery of chattels
202 Warrant for recovery of chattels (1) The court may issue a warrant for the recovery of chattels on the application of a person who has obtained a judgment or an order for the recovery of specific…
Section 203 — Further proceedings if chattels not recovered
203 Further proceedings if chattels not recovered If chattels are not recovered on the execution of a warrant for their recovery,— (a) the court may make an order or issue a warrant for detention in…
Section 204 — Neglect by bailiffs
204 Neglect by bailiffs (1) On the application of a person aggrieved, the court may order a bailiff to pay that person damages if the opportunity of executing a warrant to seize property is lost…
Section 205 — Liability of court officer for irregularity or informality in execution of warrant
205 Liability of court officer for irregularity or informality in execution of warrant (1) An officer of the court who executes a warrant and the person who applied for the issue of the warrant are…
Section 206 — 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…
Section 207 — Warrant is proof of court’s authority
207 Warrant is proof of court’s authority In any proceeding against a person for anything done under this Act, the production of the warrant of the court is sufficient proof of the authority of the…
Section 208 — Service of documents under this Act
208 Service of documents under this Act (1) If a person is required to serve a document under this Act, the requirement may be met in any of the following ways: (a) by— (i) delivering the document to…
Section 209 — Service provisions modified in special cases
209 Service provisions modified in special cases (1) If a document is served in accordance with this section, it is, for the purposes of section 208 , taken to be served on the recipient concerned.…
Section 210 — Arrest of debtor about to leave New Zealand
210 Arrest of debtor about to leave New Zealand (1) A Judge may, on the application of a plaintiff in a proceeding to recover an amount of money, issue a warrant to arrest a defendant in the…
Section 211 — Interpleader
211 Interpleader If a person expects to be sued by 2 or more persons making adverse claims to the same subject matter, that person may, if the subject matter does not exceed $350,000 in value, apply…
Section 212 — Contempt of court
212 Contempt of court (1) This section applies if any person— (a) wilfully insults a judicial officer, Registrar, officer of the court, juror, or witness during his or her sitting or attendance in…
Section 213 — Judge may make order restricting commencement or continuation of civil proceedings
213 Judge may make order restricting commencement or continuation of civil proceedings (1) A Judge may make an order (a section 213 order ) restricting a person from commencing or continuing civil…
Section 214 — Grounds for making section 213 order
214 Grounds for making section 213 order (1) A Judge may make a limited order under section 213 if, in civil proceedings about the same matter in the court, the Judge considers that at least 2 or…
Section 215 — Terms of section 213 order
215 Terms of section 213 order (1) A section 213 order may restrain a party from commencing or continuing any civil proceeding (whether generally or against any particular person or persons) of any…
Section 216 — Procedure and appeals relating to section 213 orders
216 Procedure and appeals relating to section 213 orders (1) A party to any proceeding may apply for a limited order or an extended order. (2) A Judge may make a section 213 order either on an…
Section 217 — Recusal guidelines
217 Recusal guidelines The Chief District Court Judge must, in consultation with the Chief Justice, develop and publish guidelines to assist Judges to decide if they should recuse themselves from a…
Section 218 — Information regarding reserved judgments
218 Information regarding reserved judgments The Chief District Court Judge must, in consultation with the Chief Justice,— (a) publish information about the process by which parties to proceedings…
Section 219 — Payment and recovery of fees
219 Payment and recovery of fees (1) All fees, except fees for keeping possession of, or for storing, removing, and selling, goods under a warrant, must be paid in the first instance by the party on…
Section 220 — Enforcement of fines
220 Enforcement of fines If a person defaults on the payment of a fine,— (a) the court may order that payment be enforced; and (b) if the court makes the order, payment is enforced in the same way as…
Section 221 — Fines and fees must be paid to Crown Bank Account
221 Fines and fees must be paid to Crown Bank Account (1) A fee or fine payable in respect of proceedings in courts or before Judges must be paid into a Crown Bank Account or a Departmental Bank…
Section 222 — Prescribed documents to be sealed
222 Prescribed documents to be sealed (1) A document that is of a prescribed class and that is issued by the court must be sealed with the seal of the court. (2) A document sealed under subsection…
Section 223 — Proof of service of documents
223 Proof of service of documents (1) If any summons or any other document is served by a person who is authorised to do so under this Act, the rules, or any other enactment, the service may be…
Section 224 — Subtenant to give notice of proceeding to subtenant’s immediate landlord
224 Subtenant to give notice of proceeding to subtenant’s immediate landlord (1) A subtenant ( S ) must immediately advise S’s immediate landlord ( L ) if S is given a notice of a proceeding under…
Section 225 — No privilege for lawyers
225 No privilege for lawyers A lawyer has no privilege that exempts him or her from the jurisdiction of the court. Compare: 1947 No 16 s 120
Section 226 — Constable must assist court or Judge
226 Constable must assist court or Judge (1) Every constable must assist the court or a Judge in the execution of duties imposed upon the court or a Judge by this Act or any other Act. (2) A…
Section 227 — Keeper of prison must detain prisoner on request of bailiff or constable
227 Keeper of prison must detain prisoner on request of bailiff or constable (1) The keeper of a prison or lock-up must detain a prisoner or defendant at the request of the bailiff or constable to…
Section 228 — Rules of practice and procedure
228 Rules of practice and procedure (1) The Governor-General may, by Order in Council, make rules regulating the practice and procedure of the court in the exercise of its jurisdiction— (a) under…
Section 229 — Application of rules
229 Application of rules The court may, on application by a party to a civil proceeding or on its own initiative,— (a) determine a question in the proceeding about the application of the rules or the…
Section 230 — Regulations
230 Regulations The Governor-General may, by Order in Council, make regulations for all or any of the following purposes: (a) prescribing the applications, matters, and proceedings for which fees are…
Section 231 — Regulations providing for waiver, etc, of fees
231 Regulations providing for waiver, etc, of fees (1) In order to promote access to justice, the Governor-General may, by Order in Council, make regulations authorising a Registrar or Deputy…
Section 232 — Regulations providing for postponement of fees
232 Regulations providing for postponement of fees (1) The Governor-General may, by Order in Council, make regulations authorising a Registrar or Deputy Registrar to postpone the payment of a fee…