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Judgment, appeals, and enforcement in the District Court
Important note on currency
This section was originally published on CourtKeys in 2015 and subsequently revised prior to 2020. While it remains useful for understanding general legal concepts and processes, some information may now be out of date. Updated and revised material is included in Civil Litigation for Non-Lawyers. This article is provided for general information only and does not constitute legal advice.
Judgment
The judge may give their decision at the end of the hearing or otherwise take some time to reflect and issue a written decision later on. That is called a ‘reserved’ decision. Judgments must typically be ‘sealed’ with a seal of the Court before they can be enforced. Part 11, Subpart 2 of the District Court Rules 2014 sets out how judgments must be sealed with the seal of the court and issued by a Court Registrar to whoever requested the sealed order. That party is required to then serve the sealed judgment on the other parties.
Appeals
Appeals are dealt with under part 9 of the District Court Act 2016. There is a general right of appeal to the High Court under section 124 of that Act, albeit subject to certain exceptions:
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 appeal; or
(b) expressly provides that there is no right of appeal.
(2) A party to a proceeding in the District Court may appeal to the High Court against the whole or a part of a decision made by the District Court in or in relation to the proceeding.
Section 127 of the District Court Act 2016 explains that appeals proceed in the High Court by way of rehearing, meaning the High Court weighs up all evidence and argument to do with the appealed decision all over again.
Part 17 of the District Court Rules 2014 sets out some procedural requirements for such appeals, and forms 37 and 38 are of relevance. Those forms are found at schedule 2 of those Rules.
Enforcement
Part 10 of the District Court Act 2016 sets out various options you may have to enforce a District Court judgment, or decision of another court or tribunal that may be enforceable through the District Court. Part 19 of the District Court Rules 2014 deals with some of the practical requirements necessary to see an enforcement process through. These can involve the use of forms found at Schedule 2 of those Rules.
Section 133 of the District Court Act 2016 sets out the ways a judgment for payment of money may be enforced:
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 following proceedings:
(a) execution against the goods and chattels of the judgment debtor under a warrant to seize property:
(b) garnishee proceedings for the attachment of money due to the judgment debtor:
(c) proceedings for a charging order in respect of any property held by the judgment debtor and specified in section 184(2):
(d) proceedings for an attachment order against the salary or wages of the judgment debtor.
Judgments for the recovery of land have their own separate provision:
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.
Enforcement options for judgments for the recovery of certain kinds of moveable personal property, called ‘chattels’, are different again:
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 chattels; or
(b) by detention for a term not exceeding 3 months; or
(c) by a fine not exceeding $1,000.
There are other District Court enforcement processes that also involve a fine or detention, and community work as well. These tend to be used to incentivise compliance on an interim basis though, rather than fully and finally disposing of all matters in a case.
Warrants to seize property
Section 167 of the District Court Act 2016 empowers a bailiff or constable to seize goods and sell them to pay judgment debts and associated costs. That section provides:
(2) By the warrant, the bailiff or constable is authorised to seize—
(a) the goods of the judgment debtor, except—
(i) his or her tools of trade to a value not exceeding $5,000; and
(ii) his or her necessary household furniture and effects, including clothing for the judgment debtor and his or her family, to a value not exceeding $10,000; and
(b) money, bank notes, and securities (that is, bills of exchange, promissory notes, bonds, specialties, or other securities for money).
The sections of the District Court Act 2016 that apply to warrants to seize property, specifically, are sections 167 through to 179. Rules 19.47 to 19.60 and forms 56 to 60 of the District Court Rules 2014 also relate to warrants to seize property.
Garnishee proceedings
The point of a garnishee proceeding is to obtain money that is owed to someone who in turn owes you money. It is a way of cutting out someone who is effectively a middle man and retrieving the money from a higher source. Section 180 of the District Court Act 2016 describes it this way:
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 A of a debt owing or accruing to the judgment debtor from another person (B) and the costs of bringing the garnishee proceeding; or
(b) the payment to A of so much of the debt as will meet the amount of the judgment or order and the costs of bringing the garnishee proceeding.
Sections 180 to 183 of the District Court Act 2016 deal with garnishee proceedings, as do rules 19.70 to 19.88 and forms 70 to 72 of the District Court Rules 2014
Charging orders
Charging orders may be registered against certain property. The effect of a charging order is that, if a judgment debtor wants to sell the property, they will need to go through the judgment creditor first. The judgment creditor can then require payment from the sale proceeds as a condition of removing the charge. The ‘judgment debtor’ being a person who has had a court order made against them, whereas the ‘judgment creditor’ has the benefit of such an order.
Section 184 of the District Court Act 2016 sets out the kinds of property that can be charged with a charging order:
(2) The court may make a charging order in respect of any of the following property:
(a) any estate, right, title, or interest in possession, remainder, reversion, or expectancy, whether vested or contingent, in any land held by the judgment debtor in the judgment debtor’s own name:
(b) any right or interest of the judgment debtor in any partnership:
(c) any shares held by the judgment debtor in any company incorporated in New Zealand or having an office in New Zealand in which transfers of shares may be registered:
(d) any estate, right, or interest in possession, remainder, reversion, or expectancy, whether vested or contingent, in any land, or in any money, shares, or other chattels held under or by virtue of any express or implied trust for the judgment debtor.
Sections 184 to 189 of the District Court Act 2016 specifically deal with charging orders, as do rules 19.23 to 19.46 of the District Court Rules 2014. Forms 49 to 55 of those rules all relate to charging orders.
Attachment orders
A proceeding for an ‘attachment order’ is a process whereby, so long as the District Court is satisfied of certain criteria, it may make an order requiring an amount of a judgment debtor’s wages is deducted by their employer and paid to the judgment creditor. The ‘judgment debtor’ being a person who has had a court order made against them, whereas the ‘judgment creditor’ has the benefit of such an order.
Sections 154 to 162 of the District Court Act 2016 are of particular relevance to attachment orders.
Warrants for the recovery of land
Warrants to recover land are provided for by sections 194 to 201 of the District Court Act 2016, as well as rule 19.65 and forms 63 and 64 of the District Court Rules 2014.
These empower a bailiff or constable to give possession of land to a particular person. They may use force if necessary.
Warrants for the recovery of chattels
A warrant may be issued to a bailiff or constable to seize certain property and deliver it to someone. These are provided for by section 202 and 203 of the District Court Act 2016. Rules 19.47 to 19.64 and forms 61 and 62 of the District Court Rules 2014 are also relevant.
Disclaimer
All legal information published on this website is general information about New Zealand law only. It is not legal advice or a substitute for legal advice. It does not address specific circumstances of any particular individual or entity. It may not reflect current law, practice or legal requirements. No warranty, guarantee or undertaking is made about the accuracy or completeness of the information, or about results that may be obtained from the information. No responsibility or liability is assumed or accepted for any actions taken or not taken based on use of the information, or for any direct or indirect losses or damage of any kind arising from use of the information. Specific legal advice should be obtained from a lawyer about any circumstances.