Court attachment orders
All court attachment requests are sent directly to the Central Processing Unit for processing. Court attachments are administered via the CORBI screen.
The Ministry of Justice has the authority to make attachment orders on benefits to meet outstanding court fines. The attachment order may include:
- court fines
these are fines payable to the District Court - civil attachments
these are generally paid to a private individual or organisation that is owed money. Occasionally a District Court will act as a collection agent for civil debts.
Attachment Orders issued by the Ministry of Justice can be made under either the Summary Proceedings Act 1957 or the District Court Act 2016.
Protected earnings rate
No attachment order can, whether on its own or when combined with any other attachment order, Child Support deduction, or Ministry of Social Development debt repayment, take a client's total income below the protected earnings rate.
For more information see:
Priority for deductions
Court attachment orders do not take priority over any Child Support deductions, Ministry of Social Development deductions, Inland Revenue deductions or any attachment order made under the Family Proceedings Act.
For more information see:
Information provided by the Court
The information that will be received from the Ministry of Justice will have:
- the client's name
- the amount to be deducted from the benefit
- the fine's reference number
If a client is suffering undue hardship because of the amount of the attachment order then they should be directed to a Registrar of the District Court for a reassessment of the rate.
For more information see:
Transferring or cancelling and re-granting benefits
When transferring or cancelling and re-granting benefits when there are court attachments on the record please email the Central Processing Unit. Include the clients name and client number, and a request to review and reload court attachments as necessary.
Legislation
- Payment generally to, or on account of, beneficiary personally section 339 Social Security Act 2018
- Benefits cannot, in general, be assigned or charged, or pass by operation of law section 417 Social Security Act 2018
- Content of attachment orders section 105 Summary Proceedings Act 1957
- Attachment orders section 155 District Court Act 2016
