Common Questions
For Creditors
How do I get a court order?
Why doesn’t the Court enforce the order automatically?
How do I apply for an Order for Examination?
What if I can’t attend the Examination hearing?
What if the debtor doesn’t turn up for the Examination hearing?
What happens if they don't comply with an Examination hearing order?
How do I apply for a Distress Warrant?
Who pays any extra costs involved with a Distress Warrant?
What happens if the debtor has no assets that can be seized?
For Debtors
What if I can’t make it to an examination hearing?
If I don’t pay, can I be made Bankrupt?
I have paid the debt but the creditor says I haven’t – what should I do?
For Creditors:
How do I get a court order?
It depends on how much the person owes you and whether they agree that they owe you the money. For more information see: www.justice.govt.nz/civil.
Why doesn’t the Court enforce the order automatically?
Under the New Zealand law, enforcement of civil debt is a private responsibility. The Court will only proceed with enforcement steps on your application and instruction.
How do I apply for an Order for Examination?
Ask your local District Court for an application form or click here to print one and fill it out. (Fee shown as of 1 July 2011). You will need to submit your application in person at the Court where the hearing took place. Have your copy of the Court or Tribunal decision on hand so you can quote the correct file references. Court staff should be able to tell you how long it will take for your application to be processed and your hearing scheduled.
What if I can’t attend the Examination hearing?
If you can’t attend the examination hearing you must let the Collections Unit at the District Court know as soon as possible. They will advise you whether the hearing can be rescheduled. If you simply fail to show up, the enforcement action may be struck out. This means that your enforcement application is no longer active. Generally the only other person that may appear on your behalf is a solicitor.
What if the debtor doesn’t turn up for the Examination hearing?
You may apply for a Warrant to Arrest to be issued. The debtor can then be arrested and brought in for an Examination hearing or given bail on condition that they appear at a set time and date for the Examination.
What happens if they don't comply with an Examination hearing Order?
You could apply for further enforcement action - an Attachment Order or Contempt Proceedings. The Court will not proceed with any further enforcement until it receives an application and instructions from you. Which enforcement action is best depends on the circumstances of the person. For example, if they are working, an Attachment Order on their wages or salary means the money is deducted from their pay.
How do I apply for a Distress Warrant?
To apply for a Distress Warrant you will need to:
- Contact your local District Court for an application form or click here and fill it out.
- Submit your completed application form in person at the court where the hearing took place
- Identify any specific items you want the bailiff to consider seizing if the person does not pay.
- You will be given a reference number. (Keep a note of it as you will need to quote this number whenever you have an enquiry about your application.)
- Wait for the Bailiff to execute the warrant (You will receive a letter advising the outcome).
Who pays any extra costs involved with a Distress Warrant?
Any costs of having goods seized, such as vehicle towing fees, are added to the total debt owed and then deducted by the Court from the amount recovered from the sale of goods before you are paid.
What happens if the debtor has no assets that can be seized?
If the debtor has no money to pay and no assets that can be seized, the Bailiff provides a report called a ‘Nulla Bona’ return, which means that they are unable to find goods of sufficient value to cover the debt or obtain payment in full. You may wish to discuss with the Court or seek legal advice about what further enforcement actions, if any, are available.
I live outside New Zealand, can I still get an order enforced against a debtor in New Zealand?
Yes. If you (the creditor) are outside New Zealand, you can appoint a person to act on your behalf as long as they have power of attorney that allows them to sue and be sued on your behalf. However that person cannot be paid by you to do this.
What if I can’t make it to an examination hearing?
You need to contact the Court as soon as possible with your explanation. If it is accepted, a new date may be set. If you fail to attend and have not contacted the Court beforehand, a warrant for your arrest may be issued. You can then be arrested and brought to the Court for the hearing. You may be granted bail on the condition that you attend on another set date.
If I don’t pay, can I be made Bankrupt?
If a distress warrant is returned to the court because you don’t have enough money or assets the pay the debt the creditor can apply to the court to start bankruptcy proceedings.
I have paid the debt but the creditor says I haven’t – what should I do?
You should take proof of payment to the Court such as a receipt or bank statement showing the payment being made.
