Court Procedures Rules 2006

This rule applies if—

an enforcement officer enters premises for the first time for the purpose of executing a seizure and sale order; or

an enforcement officer seizes personal property under a seizure and sale order for the first time at a place.

If subrule (1) (a) applies, the enforcement officer must give a sealed copy of the seizure and sale order to—

the enforcement debtor; or

if the enforcement debtor is not present but a person who appears to be at least 16 years old and to live or be employed at the premises is present—that person.

If subrule (1) (b) applies, the enforcement officer must give a sealed copy of the seizure and sale order to—

the enforcement debtor; or

if the enforcement debtor is not present but a person who appears to be at least 16 years old and to be in possession of the seized property is present—that person.

If there is no-one present at the premises or place who can be given a sealed copy of the seizure and sale order under subrule (2) or (3), the enforcement officer must leave a sealed copy of the order, secured conspicuously, at the premises or place.

However, subrule (4) does not require the enforcement officer to leave a sealed copy of the order in a public place.

If the enforcement debtor is not given a sealed copy of the seizure and sale order under subrule (2) or (3), the enforcement officer must serve a sealed copy of the order on the enforcement debtor—

if the enforcement debtor has an address for service—at the enforcement debtor’s address for service; or

in any other case—in the same way that an originating process filed in the court to recover the debt may be served on the enforcement debtor under these rules.

However, this rule does not require a sealed copy of the seizure and sale order to be given to or served on the enforcement debtor if the enforcement debtor has already been given or served with a sealed copy of the order.

In this rule: