Plain language law

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Child Support Act 1991

Enforcement provisions

183: Warrant to seize property

You could also call this:

“A judge can order officials to take someone's things if they don't pay child support”

If someone doesn’t pay their child support for at least 14 days, a judge can issue a warrant to seize their property. This warrant allows officials to take the person’s belongings to cover the unpaid amount.

The warrant must be written in a specific way, but can be changed if needed. The rules for these warrants are similar to other property seizure warrants, with some small differences.

When carrying out the warrant, an official can enter a person’s property, even by force if necessary. However, if someone living there asks, the official must show the warrant before entering.

If the person pays the amount owed plus the cost of seizing their property, the warrant is considered fulfilled.

If someone else claims to own the seized goods, a judge can order the goods to be sold. The judge will decide how to use the money from the sale.

Any extra money from selling the goods will be given back to the person who owed the child support.

If there are small mistakes in how the warrant is written or carried out, it doesn’t make the seizure illegal. However, if these mistakes cause problems for someone, they can ask for compensation in court.

Some specific rules about property seizure in other laws don’t apply to these child support warrants.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM257031.

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Part 11 Enforcement provisions

183Warrant to seize property

  1. Where any financial support that is payable by any person under this Act (and any penalty or interest imposed thereon under this Act) is in arrear and unpaid for not less than 14 days, a District Court Judge may issue a warrant to seize property against that person for the amount unpaid, or for so much of that amount as for the time being remains unpaid.

  2. Every such warrant to seize property shall be in the prescribed form, with any necessary modifications.

  3. Except to the extent that they are modified or varied by this section or by any rules of procedure made under this Act, the provisions of the District Court Act 2016 that apply to warrants to seize property shall apply, with any necessary modifications, in respect of a warrant to seize property issued under this section.

  4. For the purpose of executing any warrant to seize property, the bailiff executing it may at any time enter on any premises, by force if necessary, if the bailiff has reasonable cause to believe that the property in respect of which it is issued is on those premises: provided that if any person in actual occupation of the premises requires the bailiff to produce evidence of his or her authority, the bailiff executing the warrant shall produce the warrant before entering on the premises.

  5. Where a person against whom a warrant to seize property is issued pays or tenders to the bailiff executing the warrant the sum or sums therein mentioned together with the expenses of the seizure of property up to the time of the payment or tender, the warrant shall be deemed to be satisfied.

  6. Where goods have been seized under a warrant to seize property and some third person claims to be entitled to the goods either as owner under a hire purchase agreement or under a bill of sale or otherwise by way of security for a debt, a court presided over by a Family Court Judge or District Court Judge may order a sale of the whole or part of the goods upon such terms as to payment of the whole or part of the secured debt or otherwise as the court thinks fit, and may direct the application of the proceeds of the sale in such manner and upon such terms as it deems just.

  7. The surplus of the sale, if any, shall be handed by the bailiff to the Registrar, who shall pay the amount to the person against whom the warrant to seize property is issued.

  8. Repealed

  9. No seizure of property made under the authority of this Act shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, by reason of any defect or want of form in the warrant to seize property, nor shall any such person be deemed a trespasser from the beginning by reason of any irregularity afterwards committed by that person; but all persons aggrieved by any such defect or irregularity may recover satisfaction for the special damage by action at law.

  10. Section 175 of the District Court Act 2016 does not apply in relation to a warrant to seize property issued under this section.

Compare
Notes
  • Section 183 heading: replaced, on , by section 43 of the District Courts Amendment Act 2011 (2011 No 30).
  • Section 183(1): amended, on , by section 43 of the District Courts Amendment Act 2011 (2011 No 30).
  • Section 183(2): amended, on , by section 43 of the District Courts Amendment Act 2011 (2011 No 30).
  • Section 183(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 183(3): amended, on , by section 43 of the District Courts Amendment Act 2011 (2011 No 30).
  • Section 183(4): amended, on , by section 43 of the District Courts Amendment Act 2011 (2011 No 30).
  • Section 183(5): amended, on , by section 43 of the District Courts Amendment Act 2011 (2011 No 30).
  • Section 183(6): amended, on , by section 43 of the District Courts Amendment Act 2011 (2011 No 30).
  • Section 183(7): amended, on , by section 43 of the District Courts Amendment Act 2011 (2011 No 30).
  • Section 183(8): repealed, on , by section 43 of the District Courts Amendment Act 2011 (2011 No 30).
  • Section 183(9): amended, on , by section 43 of the District Courts Amendment Act 2011 (2011 No 30).
  • Section 183(10): replaced, on , by section 261 of the District Court Act 2016 (2016 No 49).