NZ Attachment Order Application — Enforce a Disputes Tribunal Order Through Wage Deductions

You won at the Disputes Tribunal. The debtor still hasn't paid. If they have a regular income — wages, salary, or a Work and Income benefit — an attachment order is probably the most reliable enforcement tool available to you through the District Court.

An attachment order directs the debtor's employer or the Ministry of Social Development to deduct money from their pay and send it to you. The debtor never handles the funds, which eliminates the "I forgot to transfer it" problem entirely.

Agreed vs Standard Attachment Orders

There are two routes to an attachment order, and the distinction matters for both timing and cost.

Agreed attachment order (NZ$41 filing fee). If both parties attended the Tribunal hearing and the debtor consented to wage deductions, the Referee may have recorded an agreed attachment order under Section 19(1A) of the Disputes Tribunal Act 1988. This lets deductions start without a separate District Court application. You file the Application for an Attachment Order form with the District Court Collections Unit, pay the $41 fee, and the Registrar processes it.

Standard attachment order (NZ$69 filing fee). When the debtor didn't consent — or you're applying after the comply-by date has passed — you file the same application form but pay $69. The Registrar reviews the application and can issue the order without a formal hearing.

Both types use the same Ministry of Justice form: Application for an Attachment Order (PDF, 638 KB), available from the Courts of New Zealand website.

What Income Can Be Attached?

Attachment orders reach further than most creditors expect:

• Wages and salary from any New Zealand employer
• Jobseeker Support, Sole Parent Support, and Supported Living Payment administered by MSD/Work and Income
• New Zealand Superannuation
• Contractor payments where the debtor receives regular income from a single source

The order is served directly on the employer or MSD by the court. The employer is legally required to comply — failing to make the deductions is an offence under the District Court Act 2016.

The Protected Earnings Rate

The court won't leave the debtor with nothing. Section 157 of the District Court Act 2016 sets a mandatory protected earnings rate: the deduction cannot reduce the debtor's net income below the higher of 60% of their net earnings for that pay period or the baseline amount set under Section 156(d). Net earnings means total pay after PAYE, ACC levies, and mandatory KiwiSaver contributions.

For a debtor earning NZ$1,000 net per fortnight, 60% is NZ$600, but the Section 156(d) baseline applies if it is higher, so the maximum deduction may be less than NZ$400.

Applying for an Attachment Order Step by Step

1. Confirm the comply-by date has passed and the debtor hasn't paid.
2. Identify the debtor's employer or benefit status. If you don't know, you may need a financial assessment first (see below).
3. Download the Application for an Attachment Order from the Courts of New Zealand civil enforcement forms page.
4. Pay the filing fee through the Ministry of Justice File and Pay online portal ($41 agreed / $69 standard). Print the receipt and attach it to your application.
5. Submit the completed form and receipt separately — at a District Court registry counter or by post to the relevant Collections registry. File and Pay processes the fee payment; it does not submit the application.
6. The Collections Unit serves the order on the employer or MSD.

When the Debtor Changes Jobs or Comes Off a Benefit

An attachment order is tied to the specific employer or benefit it names. If the debtor changes jobs, the existing order lapses for that employer. You'll need to find the new employer and either file a new address form (NZ$69) or apply for a varied attachment order.

Either party can apply to vary, suspend, or cancel an attachment order at no cost. Common grounds include significant income changes, job loss, or medical hardship.

Attachment Orders vs Bank Account Garnishee

These are different tools. An attachment order deducts from ongoing income — wages or benefits — at regular intervals. A garnishee order freezes and seizes money sitting in a bank account at one specific moment. The garnishee only catches whatever balance exists when the order is served on the bank; it doesn't capture future deposits.

If the debtor has a lump sum in a bank account, a garnishee order (NZ$345 filing fee) may recover more in one action. If they have steady income but no savings, the attachment order's regular deductions are more effective.

What If You Don't Know the Debtor's Employer?

You can't apply for an attachment order without knowing where the debtor works or receives benefits. The District Court provides three discovery mechanisms:

• Notice to Complete Financial Statement (NZ$89) — the court requires the debtor to disclose income, expenses, assets, and liabilities.
• Assessment of Financial Means (NZ$109) — a Registrar reviews the debtor's finances and can issue an attachment order on the spot.
• Financial Assessment Hearing (NZ$178 if you serve the summons yourself, NZ$247 if a bailiff serves it) — the debtor is summoned to court for cross-examination about their financial position.

If the debtor ignores the summons and was personally served, the court can issue a warrant to arrest them to compel attendance.

The NZ Disputes Tribunal Enforcement Guide includes a debtor profile worksheet and enforcement decision matrix that walks you through choosing the right tool based on what you know about the debtor's situation — income, assets, employment status, and benefit status — before you spend on filing fees.

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