K
KnowYourRightsHub
Court Enforcement • MOJ

Courts & Bailiffs

In New Zealand, the Ministry of Justice employs Collections Officers and Bailiffs to enforce court orders and collect fines.

⚠️

Bailiffs vs. Debt Collectors

A bailiff is an officer of the court. Unlike a private debt collector, a bailiff with a **Warrant to Seize Property** has legal authority to enter your premises (though usually only through an unlocked door) and take items to satisfy a debt.

🛡️ Protected Goods (The "Untouchables")

Even with a warrant, the law protects items essential for your survival and livelihood. A bailiff **cannot** take:

Tools of trade (up to $5,000)
Necessary household items (up to $10,000 value - excluding luxury items)
All items belonging to someone else (e.g. flatmate)
One vehicle (up to $5,000 value) if essential for work/health.

1. Entry Rights & Force

A District Court Bailiff or Collections Officer can enter your house to seize goods if they have a warrant. They generally cannot use force to enter for a civil debt (like a fine) unless they have already been peacefully admitted.

Can they use force?

Only High Court Bailiffs enforcing a Writ of Possession or Sale have the power to "break and enter" if necessary. District Court bailiffs (who handle most fines/debts) cannot break your door down.

2. Items Owned by Others

Bailiffs can only seize items that belong to the person who owes the debt. If you live in a shared house, or if the items are on hire-purchase or belong to a partner, they should not be taken.

Tip: Keep receipts or ownership contracts for expensive items (like TVs or Laptops) in a safe place. If a bailiff arrives, showing these can prevent immediate seizure.

3. Vehicles & Wheel Clamping

Bailiffs can seize or wheel-clamp your vehicle if it's on your property or a public road. They cannot seize a vehicle worth less than $5,000 if you can prove it is essential for your work or for a person with a disability.

Are they at your door right now?

Stay calm. Ask to see the Warrant to Seize Property. Check the name and the items listed. Do not sign anything without reading it first.