This Act may be cited as the District Courts Amendment Act 1983, and shall be read together with the deemed part of the District Courts Act 1947 (hereinafter referred to as the principal Act).

(2)

Section 7 of this Act shall come into force on a date to be appointed by the Governor-General by Order in Council.

(3)

Except as provided in subsection (2) of this section, this Act shall come into force on the 28th day after the date on which it receives the Governor-General’s assent.

2 Number of Judges increased

(1)

Section 5 of the principal Act (as substituted by section 6(1) of the District Courts Amendment Act 1979 and amended by section 2(1) of the District Courts Amendment Act (No. 2) 1982) is hereby amended by omitting from subsection (2) the expression “85”, and substituting the expression “87”.

(2)

Section 2 of the District Courts Amendment Act (No. 2) 1982 is hereby consequentially repealed.

3 Service of process and examination of witnesses abroad

The principal Act is hereby amended by repealing section 55, and substituting the following section:

“55

“(1)

The High Court shall, on application made in the manner prescribed by rules of the High Court, have the same power—

“(a)

To direct and supervise the service of any process abroad; or

“(b)

To issue a commission, request, or order to examine witnesses abroad—

for the purpose of proceedings in a District Court as it has for the purpose of an action or matter in the High Court.

“(2)

Where any application is made under subsection (1) of this section, the High Court may, if it thinks fit, order that the proceedings be transferred to the High Court.”

4 New sections (relating to appeals) substituted

(1)

The principal Act is hereby amended by repealing section 71 and section 71a (as inserted by section 5 of the District Courts Amendment Act 1974), and substituting the following sections:

“71 Interpretation

In this Part of this Act, unless the context otherwise requires,—

“‘Final order’, in relation to a District Court, means any non-suit or final determination or direction of the Court:

“‘Interlocutory order’, in relation to a District Court, means any decision or order made by the Court in the course of any proceedings.

“71a Right to appeal

“(1)

Subject to subsection (3) of this section, any party to any proceedings in a District Court may appeal in accordance with the provisions of this Part of this Act to the High Court against the whole or any part of any final order of the District Court—

“(a)

Without the leave of the District Court where—

“(i)

The amount of the claim or the value of the property or relief claimed or in issue exceeds $500; or

“(ii)

The title to any hereditament is in question:

“(b)

With the leave of the District Court where the amount of the claim or the value of the property or relief claimed or in issue does not exceed $500.

“(2)

Subject to subsection (3) of this section, any party to any proceedings in a District Court may, with the leave of the Court, appeal to the High Court against the whole or any part of any interlocutory order made by the District Court in those proceedings.

“(3)

No appeal shall be brought under this section where, before the final order or the interlocutory order was made, the parties to the proceedings agreed in writing in the prescribed manner that the final order or the interlocutory order should be binding on the parties.

“(4)

Every application to a District Court under this section for leave to appeal shall be filed in the prescribed manner within 21 days after the day on which the final order or the interlocutory order was made.

“(5)

Where an application to a District Court under this section for leave to appeal is refused, or no such application is made within the period of 21 days prescribed by subsection (4) of this section, the High Court may, on application made to it within 1 month after the expiry of that period, grant special leave to appeal.

“(6)

On granting leave or special leave under this section, the District Court or the High Court may give such directions as to the time by which any document relating to the appeal is to be filed or served as it thinks fit.”

(2)

The following enactments are hereby consequentially repealed:

(a)

Section 8(2) of the District Courts Amendment Act 1971:

(b)

Section 5 of the District Courts Amendment Act 1974:

(c)

Section 15 of the District Courts Amendment Act 1979.

5 Notice of appeal

Section 72 of the principal Act is hereby amended by repealing subsection (2), and substituting the following subsection:

“(2)

The notice of motion shall state whether the whole or only a part of the final order or the interlocutory order is complained of, and in the latter case shall specify which part.”

6 Time for appeal

Section 73 of the principal Act is hereby amended by repealing subsection (1), and substituting the following subsection:

“(1)

Subject to any directions given under section 71a(6) of this Act, every appeal shall be brought within 21 days after—

“(a)

The date of the final order, in the case of an appeal under subsection (1)(a) of section 71a of this Act; or

“(b)

The date on which leave or special leave was granted, in the case of an appeal under subsection (1)(b) or subsection (2) of that section,—

or within such further time as may be allowed by the High Court on an application made to it within 1 month after the expiration of that period of 21 days.”

7 New heading and section (relating to charging orders) inserted

The principal Act is hereby amended by inserting, after section 96, the following heading and section:

“Charging Orders

“96a Charging orders

“(1)

Any person who has obtained a judgment or order for the payment of money may apply to the Court in accordance with the rules for an order that the money payable under the judgment or order shall be a charge on any property to which the judgment debtor is beneficially entitled, being property of any of the following kinds:

“(a)

Any estate, right, or interest in possession, remainder, reversion, or expectancy, and whether vested or contingent, in any land:

“(b)

Any right or interest in any partnership:

“(c)

Any shares in any company incorporated in New Zealand, or having an office in New Zealand in which transfers of shares may be registered.

“(2)

Subject in the case of any real property to registration under subsection (6) of this section, where the Court makes a charging order under this section the property shall become subject to a charge accordingly in favour of the person who obtained the order.

“(3)

A charging order shall specify, in such manner as to identify it, the property on which the charge is imposed.

“(4)

A charging order may be varied or discharged at any time by the Court.

“(5)

Where a charging order is made in respect of the registered estate or interest of the judgment debtor in any land, a duplicate or copy of the order under the seal of the Court may be delivered for registration to the appropriate District Land Registrar if the title to the land is under the Land Transfer Act 1952, or to the appropriate Registrar of Deeds if the title to the land is not under that Act, or, in the case of a mining privilege within the meaning of the Mining Act 1971, may be delivered for recording to the District Land Registrar in whose office the mining privilege is recorded.

“(6)

The Registrar to whom the duplicate or copy is delivered shall, without fee, record it in the register against the appropriate folium of the register book and against any relevant instrument of title, or record it and note its particulars on the filed copy of the mining privilege to which it relates, as the case may require.

“(7)

An order discharging or varying a charging order may be registered or recorded in the same manner as the charging order.

“(8)

Any charging order made under this section may be removed into the High Court in accordance with section 66 of this Act, and the provisions of that section, with any necessary modifications, shall apply accordingly.”

This Act is administered in the Department of Justice.

District Courts Amendment Act 1983