From Thursday 24 February, New Zealand moved into “Phase three” of the Government’s three phase public health response to Omicron under the COVID-19 Protection Framework.
This means that while we can process an application for a Financial Assessment Hearing, if bailiff service is requested there will be a delay on when service can be attempted.
Note – If Creditor service is indicated then documents will still be sent out for service as usual.
We understand this is a very difficult time, please contact us on 0800 233 222 if you have any questions about your application.
You can apply for a hearing to find out more about how the debtor can pay the debt.
It is expected that you will be at the hearing but if you can’t be there the hearing can still go ahead. At the hearing a range of orders can be made by the court, including an attachment order.
To apply for a financial assessment hearing:
Ministry of Justice
Write the address as written above and send it the same way as any other mail. You can use an NZ Post mail box. If you use a DX mail box your mail will get to us faster(external link)
If the judgment debtor is a company, you should also include the name of a relevant officer of the company on your application. A relevant officer is a person who will be able to answer questions about the company’s ability to pay the debt (e.g. a Director).
If you do not know the name of a relevant officer, you can search for more information on the New Zealand Companies Register:
The court will issue a summons telling the debtor to come to the hearing. You can:
The court will give you:
If you serve the summons, you can claim up to $50 at the hearing for expenses. You can also do this if you have an agent serve the documents for you.
If you cannot serve the summons, you can still ask a bailiff to do it.
If the bailiff cannot find the debtor at the address you have given, you will need to provide a new address.
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