Justice Centre | 19 Aitken Street
DX SX10088 | Wel ington
T 04 918 8800 |
F 04 918 8820
[email address] | www.justice.govt.nz
28 August 2024
Rami Al-Jiab
[FYI request #27917 email]
Our ref: DSC 114747
Tēnā koe Rami
Civil enforcement information
Thank you for your email of 5 August 2024, seeking information on recovering debt established
by the Tenancy Tribunal (the Tribunal). Your request has been referred to me for response,
as it falls within my responsibilities as Manager, Centralised Services.
In response, I must tel you that while the Ministry of Justice (the Ministry) provides
administrative support to the Tribunal and the District Court, these are judicial bodies that must
operate independently from Government, Ministers, and officials. It is essential that the judicial
process remains free from any outside interference, therefore, it would be inappropriate for
the Ministry to comment on the specifics of your case, as to do so would compromise the
Tribunal’s or Court’s independence.
The primary purpose of the court system in civil matters is to reach decisions on cases brought
before it. Once a decision has been made and a debt established, the responsibility for
recovering that debt lies with the creditor (the person who the order is in favour of).
As your questions relate to court processes and procedures, rather than Ministry processes, I
am only able provide you with some general civil enforcement information, including the
applications you have mentioned, that I trust will be of assistance to you.
The court’s power to enforce the civil debt is enabled through the District Court Act 2016 (the
Act). However, the court only seeks to enforce those debts on instructions made by the
creditor, via an application made to the court. A creditor can apply to enforce a debt if the
judgment or order has not been complied with. The creditor is expected to provide all the
necessary information to enforce the debt, including the address details of the debtor (the
person ordered to pay the creditor).
Section 146(2)(b) of the Act states that a
Notice to complete Financial Statement (the Notice)
may be used by a creditor to make a formal request to the debtor. The Notice is returned to
the creditor, who can then use the information to apply to the court for enforcement. To clarify,
both copies of the
Financial Statement form are for the debtor. There is no requirement to
serve a copy of the Financial Statement from on the creditor.
You cannot apply to the court to have the Notice served. It can be served by email, post or in
person. Please note that you are only required to complete this step if you want to file a
financial statement with the court to assess the debtor’s means. It is not required for any other
application. You should seek legal advice if you believe the debtor is providing false
information to the court.
I would also like to clarify that an application for a warrant to seize property does not enable
the court to seize or force a debtor to sell land or property. It allows a bailiff to seize and sell
‘goods’ belonging to a debtor, such as vehicles, electronics or furniture. It is also important to
note that the bailiff can only seize goods belonging to the debtor named in the Tribunal’s order.
For example, if an individual is named as the debtor but they own a business, the bailiff cannot
seize goods that belong to that business.
To ensure the courts neutrality is maintained, neither the Ministry nor the court can advise a
creditor of which application to apply for. A decision wil need to be made based on the
information available to you as the Creditor. You can find more information about the different
options available, including the different types of means assessment applications or charging
orders on a debtor’s property, on the Ministry of Justice website: justice.govt.nz/fines/about-
civil-debt/collect-civil-debt/
You may also find the frequently asked questions section helpful: justice.govt.nz/fines/about-
civil-debt/creditors-frequently-asked-questions/ given the
Enforcement costs, such as legal fees and the application fee, may be claimed when
completing a civil enforcement application subject to Schedule 4 of the District Court Rules
2014. These costs, if accepted by the court, can then be added on to the civil debt owed by
the debtor. Please note that if the civil enforcement was unsuccessful, the creditor is not
entitled to a refund.
I am unable to comment on the operations of a private col ection agency or provide any
information regarding property owned by a debtor.
If you have any further questions about court civil enforcement processes or require help with
fil ing in the forms, please call the Ministry on 0800 233 222. Alternatively, you may wish to
seek legal advice, as a lawyer is best placed to advise you of your options and how the law
applies to your case. For free legal information and advice, you can consult your local
community law centre. More information can be found at: communitylaw.org.nz/your-local-
centre/find-a-community-law-centre/
Nāku noa, nā
Reuben Lewthwaite
Manager, Centralised Services
