Court Procedures and Rules




  1. Interpleader Claims.

The writing to be delivered to the Bailiff under section 130 of the Act by a
landlord claiming rent may be in the Form No. 79 in Appendix A hereto.

Any person making a claim to or in respect of any goods taken in execution
under a warrant of distress shall deliver to the Bailiff or person in charge of such
goods a notice in the Form No. 78 in the said Appendix, containing full particulars
of the goods claimed and the grounds of such claim. The Bailiff or person in charge
may thereupon give notice to the execution creditor in the action in the Form
No. 77 in the said Appendix, and if the execution creditor then admits, in Form
No. 82, claimant's title, proceedings shall be stayed.

If the Bailiff takes out interpleader summonses they shall be in the Forms
Nos. 80 and 81, in the said Appendix A, which may be signed by a Magistrate, a
Justice of the Peace, or by the Clerk of the Court where the claim is to be heard,
and shall be served on the claimant and on the execution creditor forty-eight hours
at least before the time appointed for the hearing.

  1. Hearing of Interpleader Claim.

At the hearing of the claim, the case shall proceed as if the claimant were the
plaintiff and the execution creditor the defendant. The order of the Court shall be
entered in the Minute-book, and a sealed duplicate of such entry shall be sent to
the Court from which the distress warrant issued if the hearing of the claim took
place at a different Court.

  1. Solicitors may act for Parties.

Where by the Act or these rules any act may be done by a party, such act
may be done by his solicitor, provided that no solicitor or agent shall be entitled to
withdraw any money paid into Court, or in the custody of the Clerk to the credit of
a plaintiff or defendant, unless there be lodged with the Clerk a written order
in the Form No. 57 in Appendix A hereto, signed by the party entitled to such money
and attested by an adult witness.

  1. Agents.

When it is lawful for a party to an action to employ an agent to do any act in
reference to such action, and whether such employment is expressly authorised by
the Act or otherwise, the agent so employed shall be authorised in writing under the
hand of the party employing him, and the authority shall expressly state the par-
ticular act or acts authorised to be done by such agent. Every such authority shall
be filed in the Court, and shall be deemed to continue in force until express notice to
the contrary in writing signed by the principal, or notice of his death, shall have been
delivered to the Clerk and filed in Court.

  1. Interpreters.

If an interpreter is required to interpret the evidence of a Maori or foreign
witness to the Court, such interpreter shall be procured by the party desiring to use
such evidence. If a Maori or foreign defendant neglects or refuses so to procure an
interpreter, the plaintiff may do so.

Where the Act requires particulars, summonses, or other processes to be
translated into Maori before service or execution, the plaintiff may employ an
authorised interpreter to translate the same, who shall certify to the correctness
of such translation, and the cost of such translation shall be added to
the costs at the foot of the summons or warrant, as the case may be, and be
recoverable as costs. For either interpreting in Court or translating documents, the
interpreter may be allowed fees not exceeding the fees authorised to be paid to
Maori interpreters by the scale in Appendix C hereto. All such fees may, if the
Court so order, be costs in the action: Provided that where the Clerk is competent
he may translate documents or interpret in Court without charge.

  1. Appraisers.

When any person is appointed by a Magistrate to act as appraiser under either
section 127 or section 132 of the Act the appointment shall be in writing and shall
fix the remuneration to be paid to such person for such appraisement, the amount of
which shall be costs in the action if the Court shall so order.

  1. Trust Money Accounts.

The account of moneys paid into or out of Court, which is to be kept by the
Clerk under section 19 of the Act, shall be kept in the manner prescribed by the
Treasury Regulations of the 3rd day of December, 1891, published in the New Zea-
land Gazette of the 22nd day of February, 1892, or other the Treasury Regulations



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1894, No 44





✨ LLM interpretation of page content

⚖️ Interpleader Claims Procedures

⚖️ Justice & Law Enforcement
Interpleader, Claims, Bailiff, Execution, Forms

⚖️ Hearing of Interpleader Claim

⚖️ Justice & Law Enforcement
Hearing, Claimant, Execution Creditor, Court, Minute-book

⚖️ Solicitors Acting for Parties

⚖️ Justice & Law Enforcement
Solicitors, Parties, Withdrawal, Money, Court

⚖️ Agents for Parties

⚖️ Justice & Law Enforcement
Agents, Employment, Authorization, Court, Acts

⚖️ Interpreters for Maori and Foreign Witnesses

⚖️ Justice & Law Enforcement
Interpreters, Maori, Foreign, Translation, Fees

⚖️ Appraisers for Court

⚖️ Justice & Law Enforcement
Appraisers, Magistrate, Remuneration, Costs, Appraisement

💰 Trust Money Accounts

💰 Finance & Revenue
Trust Money, Accounts, Clerk, Treasury Regulations, Court