Justice Centre | 19 Aitken Street
DX SX10088 | Wel ington
T 04 918 8800 |
F 04 918 8820
[email address] | www.justice.govt.nz
26 April 2024
Mark
[FYI request #25706 email]
Our ref: OIA 111008
Tēnā koe Mark
Official Information Act request: Bailiff information
Thank you for your email of 27 March 2024, requesting further information from my previous
response of 27 March 2024 (ref:109686).
In response to your request, I can advise that bailiffs do not use any physical force to arrest
people. They follow the procedures which are detailed in the Standard Operating Procedures
document which was provided to you in the last response.
You have also asked how a bailiff would respond if a person refused to go to court. The
following information in the document you were provided addresses this:
• When actioning a Warrant to Arrest (WTA) the bailiff must “immediately advise any
debtor being arrested the reason for the arrest, and their right to consult a lawyer”.
• If when actioning the WTA, the bailiff advises the debtor that they need to
accompany them to the court where a hearing wil be held, and they refuse, the bailiff
must “bail the debtor to appear at their closest court on a date within the next 7
days”.
• If someone does not comply to bail conditions (to show that it is a credible
alternative) to an arrest: “this has the same effect as a deputy registrar granting bail;
meaning it is an of ence for the debtor to fail to appear at the specified date and time,
and this of ence wil be reported to the police. The maximum penalty for this offence
is a $1000 fine, or 3 months imprisonment.”
The Standard Operating Procedures document details the procedures bailiffs can follow if
they have a problem during a visit. You can find this information on page 30 of that
document, which is attached along with this let er.
If you require any further information, please contact Media & Social Media Manager Joe
Locke at [email address].
Please note that this response, with your personal details removed, may be published on the
Ministry website at: justice.govt.nz/about/of icial-information-act-requests/oia-responses/
If you are not satisfied with this response, you have the right to make a complaint to the
Ombudsman under section 28(3) of the Act. The Office of the Ombudsman may be
contacted by email to [email address] or by phone on 0800 802 602.
Nāku noa, nā
Tracey Baguley
Group Manager, National Service Delivery
