An attachment order takes money from the benefits, wages or salary of the person who owes money and pays it directly to the person who is owed the money.
You can apply for an attachment order whether the other person agrees or not. An attachment order where the other person agrees to it is called an agreed attachment order.
An attachment order only applies to a final debt. You can’t add an attachment order on top of current rent, nor can you use it as an order to end a tenancy.
You can’t arrange an attachment order if the person who owes the money is self-employed, or if a company or other organisation owes the money. In those situations, you’ll need to use a different type of enforcement order.
Applying for an agreed attachment order
Landlords and tenants can ask for an agreed attachment order in mediation or at a Tenancy Tribunal hearing, as part of dealing with other issues. There’s no extra application form to complete, and you don’t have to go to another hearing to get the attachment order.
To apply for an agreed attachment order:
- the landlord and tenant both need to take part in mediation or the hearing
- they both need to agree to repaying the debt through an agreed attachment order.
- they both need to agree on the terms of the attachment order. For example how often repayments will be made, and the amount to pay each time.
You need to give the mediator or adjudicator the following details:
- contact information and date of birth of the person who owes the money
- contact details for the employer of the person who owes money, or their benefit number
- the bank account details of the person who is owed the money.
To start the payments, you need to file the Tenancy Tribunal order or sealed mediator’s order (with the agreed attachment order) with the Ministry of Justice. There is a $30 filing fee.
File your agreed attachment order (external link) (Ministry of Justice)
Apply for an attachment order when the other person doesn’t agree
You can apply for an attachment order without agreeing with the other person who owes you money. You will need to apply for this through the Ministry of Justice.
How to apply for an attachment order (external link) (Ministry of Justice)