Justice Centre | 19 Aitken Street
DX SX10088 | Wel ington
T 04 918 8800 |
F 04 918 8820
[email address] | www.justice.govt.nz
27 March 2024
Mark Hunt
[FYI request #25706 email]
Ref: OIA 109686
Tēnā koe Mark
Official Information Act request: Powers of a bailiff
Thank you for your email of 12 February 2024, requesting, under the Official Information Act
1982 (the Act), information relating to the powers and duties of bailiffs in New Zealand.
Specifically, you requested:
1. Are they permitted to carry weapons (since they have the powers of a constable)?
2. How do bailiffs in practice, arrest people?
3. Can bailiffs pull vehicles over?
4. Do bailiffs carry handcuffs?
5. What is the procedure when a person is arrested?
Your request has been referred to me for response, as it falls within my responsibilities as
Group Manager, National Service Delivery and is being managed in accordance with the
provisions of the Act.
On 11 March 2024, the Ministry of Justice (the Ministry) advised that pursuant to section
15(1) of the Act, we had decided to grant part of your request. However, more time was
required to finalise a response. You were advised that you could expect a final response by
27 March 2024, without undue delay.
You were also informed that parts 1, 3 and 4 of your request were refused under section
18(d) of the Act, on the basis that the information is publicly available. You were made aware
that a bailiff is appointed for the exercise of powers and performance of duties set out in
section 68 of the District Court Act 2016, and that the information could be found here:
legislation.govt.nz/act/public/2016/0049/latest/DLM6942360.html.
After further consideration, parts 1 and 3 of your request should have been refused under
section 18(g) of the Act, as this information is not held by the Ministry. The Ministry would
need to create new information to respond to this part of your request, that is, the Ministry
would need to undertake a review of the District Court Act, and any other relevant legislation,
to answer your questions. If you would like to understand more about the powers and
functions of a bailiff further, you may wish to seek independent legal advice.
Furthermore, part 4 of your request should not have been refused. In response to this part of
your request, I can advise that in practice, bailiffs do not carry handcuffs.
In response to parts 2 and 5 of your request, please refer to the document attached to this
letter. This document is the standard guidance a bailiff follows when executing a civil warrant
for arrest issued within their duties and powers. Please note, some information that is out of
scope of your request has not been provided.
The following is a list of acronyms used throughout the document as summarised below:
COLLECT
A computer application used by the Col ections business group
Central Registry (an extension of the court registries around New Zealand,
CR
providing a number of centralised services on behalf of business owners
and the Ministry)
WM
Workload Management
H-AFM
Hearing Assessment of Financial Means
FAH
Financial Assessment Hearing
OE
Order for Examination
If you require any further information, please contact Media & Social Media Manager Joe
Locke at [email address].
Please note that this response, with your personal details removed, may be published on the
Ministry website at: justice.govt.nz/about/official-information-act-requests/oia-responses/.
If you are not satisfied with this response, you have the right to make a complaint to the
Ombudsman under section 28(3) of the Act. The Office of the Ombudsman may be
contacted by email to [email address] or by phone on 0800 802 602.
Nāku noa, nā
Tracey Baguley
Group Manager, National Service Delivery
Standard
ACT 1982
Operating
Procedures
Bailiff
INFORMATION
National Service Delivery Operations Support
November 2022
Pages 2 - 87 have been removed as they are out of scope of your request
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Out of scope
ACT 1982
INFORMATION
Execute a Civil Warrant to Arrest
General Guidelines
A Bailiff may be required to execute a civil warrant to arrest when a debtor fails to attend a
civil enforcement or financial assessment hearing and is unable to pay the debt in full.
Receive a warrant to arrest
You must write your initials and the time and date onto the warrant when you receive it.
In some cases, more than one of the following warrants may be issued against the same
person:
• A warrant to seize property; or
• a High Court writ or warrant.
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In this case the warrants must be executed in order responding to the date and time the
application was received by the court and is noted on the printed warrant.
Prompt execution
ACT 1982
The Bailiff must execute the Warrant to Arrest promptly.
NOTE: A Bailiff is required to regularly update the COLLECT profile notes on actions taken
to resolve a warrant to arrest.
Therefore, it is important that Bailiffs document the steps taken in attempting to execute each
Warrant.
Warrant must be withdrawn or executed
If a judgment debtor against whom a Warrant to Arrest has been issued appears at Court
voluntarily, the Warrant will be withdrawn or executed.
If a warrant to arrest is withdrawn or executed, the Deputy Registrar will ask the Bailiff to
return the warrant immediately.
INFORMATION
Time of execution
A Warrant to Arrest may be executed at any hour of the day or night, but not on: Sunday,
Christmas Day, Anzac Day or Good Friday.
Execution on any of those days is void.
Right of entry
The powers of a Bailiff when entering onto premises in order to execute a Civil Warrant to
Arrest derive from common law in conjunction with the New Zealand Bil of Rights Act 1990.
Bailiffs are entitled to be at a property to complete the warrant and are unable to be
trespassed. However, consider health and safety and complete the visit another time if
appropriate.
Refer to Civil Warrant to Seize for more information.
Bail debtor
If the Creditor has indicated they wish to be present at the hearing, bail the Debtor to appear
at the nearest court within 7 days.
Financial hearing over the phone
If the creditor does not need to be present at the hearing, encourage the Debtor to call the
0800 4 FINES contact centre (on their own phone) to resolve the fines and complete the
hearing over the phone.
Priority of execution
If there is more than one Warrant for the same person, they may all be executed at the same
time as there is only one act of arrest.
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It is important that the judgment debtor be advised of each debt in respect of which an arrest
is made.
If the judgment debtor wishes to make payment but is unable to pay
everything, the arrest should stil be carried out.
ACT 1982
NZ Bill of Rights Act
Whenever a judgment debtor accompanies a Bailiff, whether voluntarily or fol owing
formal arrest, they must be advised of the reason for the arrest and their right to
consult a lawyer.
Debtor not at the address on the warrant
The Bailiff should carry out enquiries as appropriate and necessary and return the warrant to
the Court with a report on the situation
. A Bailiff has no statutory authority to actively
and physical y search a premises or property for a debtor.
Arrests at place of work or third parties’ premises
If an employer or third party is uncooperative and/or refuses a Bailiff entry into their premises
to make an arrest, but the
Bailiff can see the debtor, the Bailiff can insist on making the
INFORMATION
arrest or seek Police assistance. If the debtor cannot be seen, the Bailiff must leave.
Comply with Health and Safety procedures
Complete a risk assessment before visiting the premises and comply with all Health and
Safety procedures while executing the warrant.
Relevant Legislation
District Court Act – Section 150
New Zealand Bil of Rights Act 1990 – Section 23
Health and Safety
Risk assessment procedures
Route plans and check-in procedures
Hazards
Emergency procedures
Personal Protective Equipment (PPE)
Health and Safety Equipment
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Process
Step 1
ACT 1982
While in the office, check the notes in the debtor’s civil COLLECT profile to ascertain whether
the creditor wishes to be present at the hearing.
Step 2
Request payment in full of the outstanding debt amount.
If debtor refuses, or is unable to make payment in full, go to Step 3.
Step 3
If the creditor did not request to appear at the hearing:
• advise the debtor they can provide a deputy registrar with their financial information,
and
• provide them with the 08004FINES number to call on their own phone to al ow the
INFORMATION
contact centre agent to conduct an assessment of financial means.
If the creditor wishes to be present at the hearing, advise the debtor they are under arrest
and go to Step 6.
Step 4
For financial assessment warrants:
•
advise the debtor to accompany you to the court for a means assessment, or
•
bail the debtor to appear at their closest court on a date within the next 7 working
days, and
•
advise the creditor of the hearing date by phone if short timeframe.
Note: you cannot bail a debtor to a hearing centre.
Step 5
For a contempt of enforcement proceedings warrant:
•
advise the debtor to accompany you to the court where the hearing wil be held, or
•
bail the debtor to appear at their closest court on a date within the next 7 days, and
•
advise the creditor of the hearing date by phone if short timeframe.
Provide the details of the arrest and that the debtor received and understood their rights on
the warrant, including the time and date.
Advise the debtor they are responsible for arranging their own transport home after the arrest
has been completed.
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Step 6
People being arrested have rights.
Immediately advise any debtor being arrested:
ACT 1982
•
the reason for the arrest, and
•
their right to consult a lawyer.
The debtor has a right to choose whether or not they wish to consult a lawyer and wil be
given the opportunity to use a phone at the court.
Step 7
•
Enter a completion code in WM before updating COLLECT,
•
Upload the return of service,
•
Add any additional notes in the judgment order details screen,
•
Update the enforcement status,
INFORMATION
If the warrant is not executed:
•
If the warrant is not executed on a H-AFM, send letter 202 to CR re non-service (not
printed from COLLECT),
•
Upload the letter 202 in COLLECT,
•
If the warrant is not executed on another application eg FAH/OE, notify CR by
sending letter 12. This can be obtained from civil notices in COLLECT.
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ACT 1982
INFORMATION
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Note: this has the same effect as a deputy registrar granting bail; meaning it is an offence for
the debtor to fail to appear at the specified date and time, and this offence wil be reported to
the police. The maximum penalty for this offence is a $1000 fine, or 3 months imprisonment.
ACT 1982
Relevant Documents
Execute warrant to arrest
202 Letter to CR re non-service
Form 110 - Notice of bail
INFORMATION
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