The New Zealand Court system provides a number of judicial

measures that provide applicants (plaintiffs) with provisional relief

against debtors by enabling them to attach a debtor’s property either

before or after judgment.

 

 

 

 

Both the High Court and the District Court have the power at any

stage in any proceeding to make an order detaining, placing into

custody, or preserving any property.1 A preservation order is limited to

preserving the property, or fund, that comprises the subject matter of a

proceeding. The purpose of the order is to ensure that the proceeding

is not rendered nugatory through the loss of part, or all, of the disputed

property before the hearing of the substantive claim.2 In Helicarr

Helicoptours Ltd. v. Watts,3 it was held that the Court had jurisdiction

to make a preservation order whenever there is a dispute about

property. The Court can also order that the fund be paid into Court, or

be otherwise secured.4

 

 

A preservation order should not be used to attach property of the

respondent that does not comprise the subject matter of the current