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Senior Courts Act 2016

High Court - Miscellaneous matters

40: Arrest of defendant about to leave New Zealand

You could also call this:

"Stopping someone from leaving New Zealand to avoid paying a debt"

Illustration for Senior Courts Act 2016

If you are suing someone for money, a Judge can issue a warrant to arrest the defendant if they think the defendant is about to leave New Zealand to avoid paying. The Judge must be satisfied that you have a good reason to sue the defendant and that the defendant is trying to leave the country to avoid paying the debt. You may be asked to pay a deposit or provide a surety to cover any compensation the defendant might be owed if the Judge later decides in their favour. If the defendant is arrested, they will be brought before the court unless they pay the debt first. The Judge can then decide to release the defendant, release them on bail, or keep them in custody. If the defendant is kept in custody, they must be brought before the court within four days. The defendant can pay the debt and costs to be released. If they do, the money will be held until the court decides who wins the case. If you win, the money will be paid to you. If the defendant wins, the money will be paid back to them. The Judge can also decide to hear the case immediately or set a date for the hearing. If the defendant wins the case, the Judge can order you to pay them compensation of up to $10,000 for their arrest and detention. In some cases, a Registrar can make decisions instead of a Judge, such as when a Judge is not available. You can find more information about this law by looking at the Senior Courts Act 2016 and other related laws, such as the laws referenced in the 1908 No 89 and 1947 No 16.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5759350.

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Part 2High Court
Miscellaneous matters

40Arrest of defendant about to leave New Zealand

  1. A Judge may, on the application of a plaintiff in a proceeding to recover an amount of money, issue a warrant to arrest a defendant in the proceeding and bring the defendant before the court.

  2. A Judge must not issue a warrant unless the Judge is satisfied that—

  3. the plaintiff has a good cause of action against the defendant; and
    1. there are reasonable grounds to suspect that the defendant is about to leave New Zealand with the intention of evading payment of the amount claimed.

      1. The Judge may require the applicant for the warrant to deposit in the court an amount not exceeding the amount claimed in the proceeding or give a surety for that amount for the purposes of payment of any compensation that may be ordered to be paid to the defendant under subsection (9).

      2. The defendant must be brought before the court unless the amount claimed in the proceeding is paid to the plaintiff before the warrant is executed.

      3. The Judge may—

      4. release the defendant; or
        1. release the defendant on bail on any terms and conditions the Judge thinks fit and with a surety of an amount the Judge thinks fit (but not exceeding the amount claimed in the proceeding and costs) or without a surety; or
          1. remand the defendant in custody.

            1. A defendant who is remanded in custody must be brought before the court within 4 days after the date of the order.

            2. A defendant arrested under the warrant may either give to the enforcing officer or deposit in the court the amount shown on the warrant as the amount of the claim plus costs. If the defendant does so, he or she must be released and the amount must be retained and,—

            3. if judgment in the proceeding is given in favour of the plaintiff, paid or applied in accordance with the judgment; or
              1. if judgment in the proceeding is given in favour of the defendant, paid to the defendant.

                1. The Judge may,—

                2. if the defendant consents, hear and determine the proceeding at the time the defendant is brought before the court; or
                  1. fix a date and time for the hearing of the proceeding.

                    1. If judgment is given for the defendant, the Judge may order that the defendant be paid compensation for his or her arrest or arrest and detention of an amount not exceeding $10,000.

                    2. Where a Judge is not available though absence, illness, or any other cause, a Registrar may exercise any of the powers conferred on a Judge by subsections (1) to (3) and (5)(a) and (b).

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