Applying for civil enforcement
Here you can find out about the different ways you can ask the court to help collect a civil debt. There are several ways they can help, called civil enforcement. The court does not take civil enforcement action until a debtor or creditor applies for it. It cannot advise which action to choose.
All of the enforcement actions are explained in this section, under separate tabs down the left-hand side of your computer screen or below this information on your phone. We sometimes say see other tab, to direct you to a related tab.
To get enforcement action underway, the creditor usually applies to the court for the services they want. They need to manage the process. A debtor can apply for some of the enforcement action.
Applicants need to ensure they provide the necessary information with their applications. They also need to keep track of how any actions are progressing and of any payments made or received. The courts do not have this information.
If the creditor wants enforcement action against more than one debtor, they must apply for each debtor separately and pay the relevant fee. They may not need the same enforcement action for all the debtors.
If you have any questions, or have applied for enforcement action and want to know how your application is progressing, please phone 0800 233 222.
Wage and benefit deductions
To pay a civil debt, money can be deducted from the debtor's wage or benefit. An employer or Ministry of Social Development are sent an attachment order to transfer money to the creditor from the debtor’s wages or benefit.
Either a debtor or creditor can apply.
An attachment order can be set up at two different times:
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at the hearing, if both parties agree
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after the judgment order has been made.
In both instances, you do not need to wait for the 48-hour stand-down period before applying.
Court will notify the employer or Ministry of Social Development
If an attachment order is made, the court will notify the debtor’s employer or Ministry of Social Development. They must make the deductions and payments specified in the attachment order. These are different to attachment orders for fines or reparation. These orders have different payment instructions that employers need to follow.
Agree at the court hearing
If the debtor and creditor agree to an attachment order at the court hearing, the details form part of the judgment order.
Debtor and creditor must agree on:
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how much will be deducted
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how often it will be deducted (weekly, fortnightly or monthly).
The agreed attachment order becomes part of your judgment order
Either the debtor or creditor can file the judgment order with the agreed attachment order as soon as possible after the hearing (before the 48-hour stand down period finishes).
To do this:
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file it at the district court and pay the filing fee in person
- post it to the Central Registry, SX 10042, Wellington.
Apply after the court hearing
Once the judgment order has been made, either debtor or creditor can apply for an attachment order once the judgment order has been made. You will need:
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if they are employed, the debtor's employment details
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or, if they are receiving a benefit, you must provide the debtor's benefit number and date of birth.
If you are the debtor and you can’t get the creditor’s bank account details, you could ask court staff to contact the creditor for this information.
Choosing how much to apply for
Write the amount of the payments on the application form. The court could change the amount if it thinks the debtor won't be able to keep up the payments.
As a guide, keep in mind the protected earnings rate. This requires that a debtor keeps at least 60% of their net income (after tax). This applies when deductions are made for debts such as fines, reparation, child support, or legal aid repayments and civil debts.
When you file an attachment order application
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include a copy of the judgment order (unless you included it with an earlier application)
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give a copy of the application to the other party by email, post or in person.
You can file the application:
- in person, at your nearest district court
- by posting it to Central Registry, SX10042, Wellington (paying the fee through File and Pay)
- using File and Pay to both apply and pay on the Courts of New Zealand website.
The court will tell both parties the result of the application.
Once the attachment order is set up, the creditor needs to keep track of the payments. The court does not check or keep a record of payments.
If you are having problems getting your payments, you can:
- contact the debtor’s employer directly
- if the debtor receives a benefit, call our Contact Centre 0800 233 22.
In some instances, the attachment order may differ from the requested deduction
The payment may differ from the application for the following reasons:
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The deputy registrar processing the application may decide to change the deduction amount, based on the information provided.
If you are unhappy or disagree with this change, you can apply for a review of the registrar's decision [PDF, 368 KB]
OR
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The Ministry of Social Development or the employer may have changed the payment amount to accurately reflect the protected earnings rate of the debtor.
How to change the details of an attachment order
The debtor or creditor can apply to vary, suspend or cancel an attachment order. This is free and the application process is the same for both debtor and creditor.
Reasons for changing an attachment order include:
- the debtor’s employer changes
- the debtor is having difficulty paying – the debtor or creditor can apply to reduce or suspend payments for a specific length of time
- a request for a rehearing has been filed – the attachment order needs to be suspended while the court makes a decision.
To reduce or increase the deduction rate, you need to provide evidence such as the debtor’s bank statements, a budget sheet, or similar information to support your application.
Complete this form and follow the filing instructions on the form: Application to vary, suspend or cancel an attachment order
Seizing the debtor's property
The creditor can apply for a bailiff to seize property that belongs to the debtor and sell it to pay the debt.
You need to wait for the stand-down period before applying.
If the court issues a warrant to seize:
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a bailiff will visit the debtor and ask them to pay the full amount owing
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the bailiff has the right to take the debtor’s personal property if they do not pay.
If the debtor doesn’t pay the total amount owing within five working days:
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the seized property will be sold at public auction
- money from the sale will go to paying any seizure and storage costs and then the debt.
There is no set timeframe for this process due to several factors (for example, location of goods to be seized and locating the debtor). You will be contacted when there is an outcome for the warrant.
When you apply, you give us an address and we send a bailiff to seize the debtor’s property at that address. It is important you provide up-to-date contact details for the debtor.
How to apply for a warrant to seize property
Fill in the application for a warrant to seize property. In each application, you can only provide one address for one debtor.
When you file the application, you must:
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follow the filing instructions on the form
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include a physical address for the debtor (we send a bailiff to that address so it’s important you provide up-to-date details)
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include a copy of the judgment order
Asking the bailiff to seize specific property
If you know that the debtor owns something specific that is valuable, you can ask the bailiff to seize it. You need to:
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provide evidence that the debtor owns the property
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fill out a second form, the Instruction to bailiff to seize specific property form [PDF, 184 KB]
If you want the bailiff to seize a vehicle, you should check the Personal Property Securities Register. It will show if a company or another person already has a financial interest in the vehicle.
If the bailiff cannot find the debtor
If the bailiff cannot find the debtor at the address you have provided, the creditor will need to:
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file a new address or
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consider applying for a different enforcement action.
See the tab Filing a new address for a debtor
If the bailiff cannot find the debtor’s property
We will notify you if the bailiff cannot find property worth seizing.
If this happens and the creditor finds out the debtor has property, the creditor can apply to the court to reissue the warrant. The creditor will need to pay another fee.
Contact civil enforcement to find out about applying to have a warrant reissued.
If you have any further questions, you can email seizedproperty@justice.govt.nz or phone 0800 658 952.
Formally requesting a financial statement
A creditor can formally ask a debtor to give the court information about their finances. You do not need to wait for the stand-down period before making the request. There is no fee for requesting the information. There is a fee for what you do with the information. For example, you might file the statement for a court assessment.
Only a creditor can apply.
The creditor can serve the request on the debtor by email, post or in person.
To make a formal request, the creditor needs to:
- fill out a notice to complete a financial statement: Notice to debtor to complete financial statement [PDF, 322 KB]
- give it to the debtor, with the relevant one of these forms:
The debtor needs to return the completed financial statement to the creditor.
The financial statement gives the creditor information to help them decide what enforcement action to take.
The debtor needs to return the completed financial statement to the creditor.
The financial statement gives the creditor information to help them decide what enforcement action to take.
Financial assessment by the court
The court can assess a debtor's finances to decide how much they can afford to pay, and how they will pay.
The debtor or creditor can apply for an assessment of the debtor's finances. You do not need to wait for the stand-down period before applying.
The assessment can be completed in three different ways:
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on paper
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over the phone
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at a court hearing.
The court can assess the debtor’s finances on paper
A financial statement sets out a debtor’s income, expenses and assets. The court uses this to assess on paper how the debtor can pay.
The debtor or creditor can complete the financial statement and file it with the court (see other tab, Formally requesting a financial statement). You do not need to wait for the stand-down period before preparing and filing it.
Filing the statement with the court can be useful if:
- the debtor wants to be pro-active in paying their debt
- the debtor is not able to do this by phone (for example, they don't have a phone or a phone call has not been effective)
- the debtor cannot attend a hearing
- the creditor has served the debtor with a Notice to complete a financial statement and the debtor wants to provide a financial statement.
Complete the relevant one of these forms:
Financial statement for a company
How to file a financial statement with the court
When you file the financial statement with the court you must:
- follow the instructions on the form
- include a copy of the judgment order from the court
- pay the filing fee.
If the creditor is filing the financial statement, they must include the date and source of the financial information.
The court will base its decision on the information supplied in the financial statement. There will not be an assessment hearing. Both the creditor and the debtor will be told the outcome.
The court can assess the debtor’s finances over the phone
A creditor can apply for a court registrar to contact the debtor by phone to assess their financial situation.
A registrar will contact the debtor. They can:
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set out new payment instructions or
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set a court enforcement action, for example:
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wage or benefit deductions (see other tab - this is another enforcement action) or
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seizing a debtor's property (see other tab - this is another enforcement action).
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This can be useful if:
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the debtor hasn’t completed a financial statement
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the debtor doesn’t want to attend a court hearing
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the creditor needs more information to apply for an attachment order to wages or benefit.
To apply, complete the Assessment of financial means application form
On the form, make sure you:
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include the debtor’s phone number and address
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include a copy of the judgment order
If the court cannot contact the debtor by phone, the court can order a court hearing. The creditor cannot attend this hearing.
The court can assess the debtor’s finances at a court hearing
A creditor can also apply for the debtor to attend an in-person financial assessment at a court hearing. You do not need to wait for the stand-down period before applying.
For this assessment, the debtor has to come to a court hearing unless they pay the full debt before the hearing. The court will order the debtor to appear at a specific date, time and location.
If the debtor cannot attend, they need to ask to have the hearing rescheduled and provide the reason for their request. To do this, contact Civil Enforcement on 0800 233 222.
The creditor is not expected to be at the hearing. They may wish to or have an agent or solicitor attend on their behalf.
The court can make a range of orders, including an attachment order to wages or benefit, at the hearing
How to apply for financial assessment at a hearing
To apply for a financial assessment hearing:
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fill out the Financial assessment hearing application form
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follow the filing instructions on the form
The creditor may be able to add the filing fee to the debt.
If the debtor is a company, include the name of a relevant company officer (for example, a Director). They need to be able to answer questions about the company’s ability to pay the debt.
You can find the name of a relevant officer on the company’s record on the New Zealand Companies Register:
New Zealand Companies Register
After the court has determined how the debtor can pay, it can give instructions about how to pay or take enforcement action against the debtor.
The debtor will get a summons
The summons will tell the debtor to come to the court hearing and when it is. The summons can be served to the debtor by:
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the creditor
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their agent (such as a process server)
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a bailiff.
The summons can be served on the debtor personally or be left with someone (who appears to be over the age of 14 years) at the debtor’s home or work address.
If you have been summoned to a civil hearing, you must attend in person. If you don't attend, the court may issue a warrant for your arrest.
See other tab, Requesting bailiff service.
If the creditor decides to serve the summons
If the creditor decides to serve the summons to the debtor, the court will give the creditor:
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the summons and a blank financial statement for the debtor to complete
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instructions on how to serve the summons
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a form to record that you have served the document. You must fill it out and return it by email or post, even if you could not serve the summons.
If the creditor serves the summons, they can claim a set amount at the hearing for expenses. They can also claim an expense amount if a bailiff serves the documents for you.
Fees and charges for civil enforcement
At the court hearing
If the summons is served, the hearing will go ahead. A deputy registrar will usually assess the debtor’s financial situation. The debtor will be asked whether they are able to pay the debt. They should bring information about their finances. This could include:
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bank statements
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payslips
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evidence of expenses
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anything else that might be helpful.
The creditor may also attend the hearing.
After assessing the debtor’s finances the court can:
- set out new payment instructions or
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set a court enforcement action, for example:
- wage or benefit deductions (see other tab)
- seizing a debtor’s property (see other tab).
If the debtor doesn’t follow the court order – contempt of enforcement
If the court makes an order after the financial assessment telling the debtor how to pay, and the debtor has the money to pay but doesn’t, the debtor is in breach of a court order. The creditor can then apply for an order saying the debtor is in contempt of enforcement.
See When a civil debt is deliberately unpaid (see other tab).
Deliberately unpaid civil debt – community work
If a debtor is deliberately avoiding paying a civil debt, a judge can order them to do up to 200 hours of community work through contempt of enforcement proceedings. If the debtor is given community work, they still have to pay the debt.
Only a creditor can apply.
You can apply for contempt of enforcement proceedings only after you have used and considered all other enforcement methods. You will need to be able to explain how these enforcement methods have been attempted and failed, or were considered and why you deemed them inappropriate or unlikely to be successful.
In addition, you must be able to show that the debtor has the means to pay the debt but has avoided doing so. For example:
- a financial statement has been filed in court
- the court has been provided with information about the debtor’s ability to pay
- a financial assessment hearing has taken place.
Applying for contempt of enforcement proceedings
You need to:
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follow the instructions on the form
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file the application at your nearest district court
After we get the application
A registrar will consider the information in your application. They will either:
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grant the application and set a hearing or
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refer the application to a judge.
The judge can also set a hearing or reject the application.
The court will tell you the result of your application, as well as the hearing date if a hearing is set.
You must appear at the hearing. If you or your representative do not appear at the hearing, the judge may:
- adjourn the hearing
- strike out the application.
Requesting bailiff service
You can request bailiff service to deliver a summons for:
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financial assessment hearing
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contempt of enforcement proceedings.
You need to wait for the stand-down period before applying. Only a creditor can apply.
To apply, you need to:
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fill out a request for bailiff service form
If the bailiff cannot find the debtor at the address you have given, you will need to provide a new address.
See Filing a new address for a debtor
Find out about Bailiffs and their work
Filing a new address for a debtor
If you've applied for an enforcement action, and you need to file a new address for the debtor, you need to complete and file this form. If you have more than one debtor, you must file a separate address form for each debtor.
Follow the filing instructions on the form and pay the filing fee
You must pay the fee each time you file a new address for the debtor.
The filing fee can only be added to the debt once, even if you file a new address more than once.
You may need to file a new address for these enforcement actions:
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filing a financial statement
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financial assessment hearing summons
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assessment of financial means summons
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contempt of enforcement proceedings summons
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warrant to seize property
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warrant to arrest.
Applying for an eviction warrant
In some instances, a landlord (creditor) could apply for an eviction warrant. This allows a bailiff to evict anyone from a property and return possession (control) of the property to the landlord.
Only a landlord can apply. You need to wait for the stand-down period before applying.
What happens in an eviction?
You, or a person representing you (such as a property manager or lawyer), must be at the eviction. You may also arrange for a locksmith to be at the eviction. The locksmith can change the locks so the property is secure. If you choose to do this, you must also pay the locksmith.
The bailiff will:
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contact you to arrange a time for the eviction
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tell the tenants the date and time they must leave the property
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return control/possession of the property at the time arranged with you and complete the eviction.
How to apply for an eviction warrant
You can apply for an eviction warrant if you have:
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a Tenancy Tribunal order saying possession of a residential property is to be returned to you by a specified date, but the respondent has not yet done this (a final possession order) or
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a Tenancy Tribunal order or Mediator’s order saying that possession of a residential property is to be returned to you if payment conditions are not met by the respondent (a conditional possession order).
You must file the application within three months after:
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the date the tribunal ordered possession be returned to the landlord or
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the date the order is first breached.
You must include a sealed copy of your Tenancy Tribunal/Meditator's Order with your application. If your eviction is conditional on the tenant breaching a payment arrangement, also include a copy of your rent schedule showing the breach.
Applying for an attachment order or assessment of financial means (Sections D & E of the eviction warrant application form)
If you are owed money and the Tenancy Tribunal ordered the debtor to pay you, it can help if you apply for an attachment order (for wage or benefit deductions) or a financial assessment (see other tabs).
You may choose one of these additional options at no extra cost as part of your application. You can only choose one option.
To apply for an attachment order or financial assessment for more than one tenant, you need to attach their details on separate pieces of paper.
Filing an application
When filing the application:
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follow the filing instructions on the form
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provide a copy of the Tenancy Tribunal order
You can add the cost of any filing fees to the amount the debtor owes you.
If you are paying the filing fee using File and Pay on the Courts of New Zealand website, you need to select the following options:
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Court Type: District Court Civil
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Location: the court where the Tenancy Tribunal hearing was held, for example Christchurch
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Case type: Civil Enforcement
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Filing type: Eviction Warrant (Final Possession order) or Eviction Warrant (Conditional Order)
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Fee Options: I am paying fees only
Redirecting third-party payments – through garnishee proceedings & charging orders
If you are owed a civil debt, and the person who owes it to you (the debtor) is owed money by someone else, you can ask the court to have it paid to you instead. To do this, you apply for garnishee proceedings.
Only a creditor can apply.
If the debtor wants to sell property, a creditor can apply to stop them from selling it until the debt to them has been paid. To do this, the creditor applies for a charging order. The debtor must pay the civil debt to get the charging order removed. The property ownership cannot be transferred to a new owner until this has happened.
The creditor needs to wait for the stand-down period before applying. These applications are managed in a different way than other civil enforcement applications.
Applying for garnishee proceedings or charging orders
Before making this application, you should:
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talk to a lawyer, who can give you advice about your case, what options might work best for you and how to apply
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talk to district court staff, who can help you file the application.
You can apply for this action and pay the fee at your nearest district court. Unlike other civil enforcement applications, garnishee proceedings are processed and dealt with in the District Court in which the proceedings are filed, and not in the court's Central Registry.