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Bailiffs and their work

Overview

Bailiffs in New Zealand have legal authority, with powers similar to a police constable.

They are subject to the directions of a judge or registrar – they operate under the authority of the District Court Act 2016. 

Key Bailiff responsibilities

Serving legal documents:  

  • delivering summonses (official requests for someone to attend court)
  • eviction notices (a formal letter telling someone renting a property that they need to move out)
  • other court documents to individuals involved in legal proceedings. 

 Carrying out court warrants and orders:  

  • making sure court decisions (like paying fines or reparation) are followed
  • taking property or assets from someone to pay a fine or debt (for example, overdue fines, reparation or civil debt).
  • arresting people. 

 Public interaction:  

  • responding to questions about bailiff processes and the legislation they are acting under
  • helping clarify the steps involved in resolving legal issues (process only, not legal advice). 
MOJ Fines 15 low res

Bailiffs have body-worn cameras

Our Bailiffs wear cameras on their uniforms, called body-worn cameras (BWC).  

Here we explain why we use BWCs and how and why we collect, use, store and release the information gathered (BWC footage). 

  1. The BWC is activated to record each time a Bailiff visits a person at their home or place of business. 

    The Bailiff begins recording just before they approach a property and stops recording when they leave the property. 

    The Bailiff will tell each person they interact with that their BWC is recording. The same information, including a short privacy statement, is visible in print next to the camera. 

    The BWC has a front-facing screen, so the person being visited can see what is being recorded. 

  2. We use BWCs to record a Bailiff visit and:

    • help keep Bailiffs and the people they visit safe
    • deter verbal threats and physical violence against Bailiffs
    • improve transparency and accountability
    • enable complaints to be fully investigated and resolved
    • provide opportunities for staff training and development. 

  3. We follow the Privacy Act 2020 in the way we collect, use, store and release BWC footage. Only a limited number of people within the Ministry of Justice can access BWC footage. 

  4. BWC footage can only be used for the purposes listed below: 

    • health and safety incident investigation
    • complaint investigation
    • training and quality assessment
    • Privacy Act 2020 or Official Information Act 1982 requests
    • prosecution evidence. 

  5. BWC footage is stored securely within Ministry systems. 

    Footage is deleted after 90 days, unless the Ministry determines there is a reason to keep it (for example, a complaint investigation or health and safety incident). 

  6. Anyone can request a copy of any BWC footage. The Ministry will consider requests on a case-by-case basis, following the Privacy Act 2020 or Official Information Act 1982. 

    Please send requests for footage to the Ministry of Justice:

    As part of your request, provide the information listed below to help us locate the footage and assess your request: 

    • your name
    • your contact information (phone number and/or email address)
    • your cellphone number (you need to provide this for the Ministry to securely send you access details for any footage that may be released)
    • your case reference number (if applicable)
    • date and time the footage was recorded
    • the reason you are requesting access to the footage (for example, you are in the footage). 

Related information

Collecting civil debt Unpaid fines and what happens next

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