sec.68Civil jurisdiction

### sec.68 Civil jurisdiction The District Court has jurisdiction to hear and determine— all personal actions, where the amount, value or damage sought to be recovered does not exceed the monetary limit including the following— any equitable claim or demand for recovery of money or damages, whether liquidated or unliquidated; any claim for detention of chattels; any claim for rent or mesne profits; any claim for any debt, damages or compensation arising under any Act; and the following actions and matters— for enforcing by delivery of possession any mortgage, encumbrance, charge or lien, where the amount owing in respect thereof does not exceed the monetary limit; for relief against fraud or mistake, where the damage sustained or the estate or fund in respect of which relief is sought does not exceed in amount or value the monetary limit; for specific performance of an agreement for the sale or other disposition of land or an interest in land or of any other property, where the value of the land or interest or property does not exceed the monetary limit, or in lieu of or in addition to specific performance, damages not exceeding the monetary limit; for rectifying, delivering up or cancelling any agreement, where the amount in dispute or the value of the property affected does not exceed the monetary limit; for a declaration of partnership or dissolution or winding up of, or otherwise relating to, any partnership, where the property of the partnership does not exceed in amount or value the monetary limit; for the sale or division of property under the Property Law Act 2023 , part 5 , division 2 , where the property does not exceed in amount or value the monetary limit; for the administration of the estate of a deceased person, where the estate does not exceed in amount or value the monetary limit; for the execution of a trust or a declaration that a trust subsists, where the estate or fund subject or alleged to be subject to the trust does not exceed in amount or value the monetary limit; relating to the custody, maintenance or advancement of an infant including the appointment of a guardian to the property or person of an infant but not so as to authorise any order under this provision affecting assets or property of an infant exceeding in amount or value the monetary limit; for family provision pursuant to the Succession Act 1981 , sections 40 to 43 , but so that any provision resulting from an order made by the court shall not exceed in amount or value the monetary limit; to recover possession of any land, where the value of the land does not exceed the monetary limit; to restrain, whether by injunction or otherwise, any actual, threatened or apprehended trespass or nuisance to land, where the value of that land does not exceed the monetary limit, or, in lieu of or in addition to such an injunction, damages not exceeding the monetary limit; for the determination of any question of construction arising under a deed, will or other written instrument, and for a declaration of the rights of the persons interested where the sum or the property in respect of which the declaration is sought does not exceed in amount or value the monetary limit; for the appointment under the Public Trustee Act 1978 , section 104 of the public trustee as administrator of any unclaimed property, where the gross value of the property does not exceed in amount or value the monetary limit. In this section— monetary limit means $750,000. For the purpose of determining whether or not the District Court has jurisdiction under this part— in the case of proceedings falling within subsection (1) (a) (ii) —the amount claimed for detention of goods is the amount claimed for the value of the goods together with the amount (if any) claimed for damages for the detention of the goods; and the value of land shall be the most recent valuation, current at the time of instituting the proceedings, made by the valuer-general under the Land Valuation Act 2010 , or, if there is no such valuation in respect of the land, the current market value at that time of the land exclusive of improvements thereto; and the following amounts must not be considered in calculating whether an amount, value or damage sought to be recovered in an action exceeds the monetary limit— an amount of interest that is payable as of right, whether because of a law, agreement or otherwise; an amount of interest that may be awarded by a court, including, for example, an amount of interest that may be awarded under the Civil Proceedings Act 2011 , section 58 . Where any question arises as to the amount or value for the purpose of jurisdiction under this part the decision of the District Court shall be conclusive as to that matter. s 68 amd 1976 No. 19 s 5 ; 1982 No. 51 s 5 sub 1989 No. 40 s 6 amd 1997 No. 38 s 43 ; 2002 No. 34 s 10 sch 1 ; 2010 No. 39 s 325 sch 1 pt 2 ; 2010 No. 42 s 30 sch ; 2010 No. 26 s 49 ; 2020 No. 15 s 69 ; 2023 No. 27 s 289 sch 3 (sec.68-ssec.1) The District Court has jurisdiction to hear and determine— all personal actions, where the amount, value or damage sought to be recovered does not exceed the monetary limit including the following— any equitable claim or demand for recovery of money or damages, whether liquidated or unliquidated; any claim for detention of chattels; any claim for rent or mesne profits; any claim for any debt, damages or compensation arising under any Act; and the following actions and matters— for enforcing by delivery of possession any mortgage, encumbrance, charge or lien, where the amount owing in respect thereof does not exceed the monetary limit; for relief against fraud or mistake, where the damage sustained or the estate or fund in respect of which relief is sought does not exceed in amount or value the monetary limit; for specific performance of an agreement for the sale or other disposition of land or an interest in land or of any other property, where the value of the land or interest or property does not exceed the monetary limit, or in lieu of or in addition to specific performance, damages not exceeding the monetary limit; for rectifying, delivering up or cancelling any agreement, where the amount in dispute or the value of the property affected does not exceed the monetary limit; for a declaration of partnership or dissolution or winding up of, or otherwise relating to, any partnership, where the property of the partnership does not exceed in amount or value the monetary limit; for the sale or division of property under the Property Law Act 2023 , part 5 , division 2 , where the property does not exceed in amount or value the monetary limit; for the administration of the estate of a deceased person, where the estate does not exceed in amount or value the monetary limit; for the execution of a trust or a declaration that a trust subsists, where the estate or fund subject or alleged to be subject to the trust does not exceed in amount or value the monetary limit; relating to the custody, maintenance or advancement of an infant including the appointment of a guardian to the property or person of an infant but not so as to authorise any order under this provision affecting assets or property of an infant exceeding in amount or value the monetary limit; for family provision pursuant to the Succession Act 1981 , sections 40 to 43 , but so that any provision resulting from an order made by the court shall not exceed in amount or value the monetary limit; to recover possession of any land, where the value of the land does not exceed the monetary limit; to restrain, whether by injunction or otherwise, any actual, threatened or apprehended trespass or nuisance to land, where the value of that land does not exceed the monetary limit, or, in lieu of or in addition to such an injunction, damages not exceeding the monetary limit; for the determination of any question of construction arising under a deed, will or other written instrument, and for a declaration of the rights of the persons interested where the sum or the property in respect of which the declaration is sought does not exceed in amount or value the monetary limit; for the appointment under the Public Trustee Act 1978 , section 104 of the public trustee as administrator of any unclaimed property, where the gross value of the property does not exceed in amount or value the monetary limit. (sec.68-ssec.2) In this section— monetary limit means $750,000. (sec.68-ssec.3) For the purpose of determining whether or not the District Court has jurisdiction under this part— in the case of proceedings falling within subsection (1) (a) (ii) —the amount claimed for detention of goods is the amount claimed for the value of the goods together with the amount (if any) claimed for damages for the detention of the goods; and the value of land shall be the most recent valuation, current at the time of instituting the proceedings, made by the valuer-general under the Land Valuation Act 2010 , or, if there is no such valuation in respect of the land, the current market value at that time of the land exclusive of improvements thereto; and the following amounts must not be considered in calculating whether an amount, value or damage sought to be recovered in an action exceeds the monetary limit— an amount of interest that is payable as of right, whether because of a law, agreement or otherwise; an amount of interest that may be awarded by a court, including, for example, an amount of interest that may be awarded under the Civil Proceedings Act 2011 , section 58 . (sec.68-ssec.4) Where any question arises as to the amount or value for the purpose of jurisdiction under this part the decision of the District Court shall be conclusive as to that matter. - (a) all personal actions, where the amount, value or damage sought to be recovered does not exceed the monetary limit including the following— (i) any equitable claim or demand for recovery of money or damages, whether liquidated or unliquidated; (ii) any claim for detention of chattels; (iii) any claim for rent or mesne profits; (iv) any claim for any debt, damages or compensation arising under any Act; and - (i) any equitable claim or demand for recovery of money or damages, whether liquidated or unliquidated; - (ii) any claim for detention of chattels; - (iii) any claim for rent or mesne profits; - (iv) any claim for any debt, damages or compensation arising under any Act; and - (b) the following actions and matters— (i) for enforcing by delivery of possession any mortgage, encumbrance, charge or lien, where the amount owing in respect thereof does not exceed the monetary limit; (ii) for relief against fraud or mistake, where the damage sustained or the estate or fund in respect of which relief is sought does not exceed in amount or value the monetary limit; (iii) for specific performance of an agreement for the sale or other disposition of land or an interest in land or of any other property, where the value of the land or interest or property does not exceed the monetary limit, or in lieu of or in addition to specific performance, damages not exceeding the monetary limit; (iv) for rectifying, delivering up or cancelling any agreement, where the amount in dispute or the value of the property affected does not exceed the monetary limit; (v) for a declaration of partnership or dissolution or winding up of, or otherwise relating to, any partnership, where the property of the partnership does not exceed in amount or value the monetary limit; (vi) for the sale or division of property under the Property Law Act 2023 , part 5 , division 2 , where the property does not exceed in amount or value the monetary limit; (vii) for the administration of the estate of a deceased person, where the estate does not exceed in amount or value the monetary limit; (viii) for the execution of a trust or a declaration that a trust subsists, where the estate or fund subject or alleged to be subject to the trust does not exceed in amount or value the monetary limit; (ix) relating to the custody, maintenance or advancement of an infant including the appointment of a guardian to the property or person of an infant but not so as to authorise any order under this provision affecting assets or property of an infant exceeding in amount or value the monetary limit; (x) for family provision pursuant to the Succession Act 1981 , sections 40 to 43 , but so that any provision resulting from an order made by the court shall not exceed in amount or value the monetary limit; (xi) to recover possession of any land, where the value of the land does not exceed the monetary limit; (xii) to restrain, whether by injunction or otherwise, any actual, threatened or apprehended trespass or nuisance to land, where the value of that land does not exceed the monetary limit, or, in lieu of or in addition to such an injunction, damages not exceeding the monetary limit; (xiii) for the determination of any question of construction arising under a deed, will or other written instrument, and for a declaration of the rights of the persons interested where the sum or the property in respect of which the declaration is sought does not exceed in amount or value the monetary limit; (xiv) for the appointment under the Public Trustee Act 1978 , section 104 of the public trustee as administrator of any unclaimed property, where the gross value of the property does not exceed in amount or value the monetary limit. - (i) for enforcing by delivery of possession any mortgage, encumbrance, charge or lien, where the amount owing in respect thereof does not exceed the monetary limit; - (ii) for relief against fraud or mistake, where the damage sustained or the estate or fund in respect of which relief is sought does not exceed in amount or value the monetary limit; - (iii) for specific performance of an agreement for the sale or other disposition of land or an interest in land or of any other property, where the value of the land or interest or property does not exceed the monetary limit, or in lieu of or in addition to specific performance, damages not exceeding the monetary limit; - (iv) for rectifying, delivering up or cancelling any agreement, where the amount in dispute or the value of the property affected does not exceed the monetary limit; - (v) for a declaration of partnership or dissolution or winding up of, or otherwise relating to, any partnership, where the property of the partnership does not exceed in amount or value the monetary limit; - (vi) for the sale or division of property under the Property Law Act 2023 , part 5 , division 2 , where the property does not exceed in amount or value the monetary limit; - (vii) for the administration of the estate of a deceased person, where the estate does not exceed in amount or value the monetary limit; - (viii) for the execution of a trust or a declaration that a trust subsists, where the estate or fund subject or alleged to be subject to the trust does not exceed in amount or value the monetary limit; - (ix) relating to the custody, maintenance or advancement of an infant including the appointment of a guardian to the property or person of an infant but not so as to authorise any order under this provision affecting assets or property of an infant exceeding in amount or value the monetary limit; - (x) for family provision pursuant to the Succession Act 1981 , sections 40 to 43 , but so that any provision resulting from an order made by the court shall not exceed in amount or value the monetary limit; - (xi) to recover possession of any land, where the value of the land does not exceed the monetary limit; - (xii) to restrain, whether by injunction or otherwise, any actual, threatened or apprehended trespass or nuisance to land, where the value of that land does not exceed the monetary limit, or, in lieu of or in addition to such an injunction, damages not exceeding the monetary limit; - (xiii) for the determination of any question of construction arising under a deed, will or other written instrument, and for a declaration of the rights of the persons interested where the sum or the property in respect of which the declaration is sought does not exceed in amount or value the monetary limit; - (xiv) for the appointment under the Public Trustee Act 1978 , section 104 of the public trustee as administrator of any unclaimed property, where the gross value of the property does not exceed in amount or value the monetary limit. - (i) any equitable claim or demand for recovery of money or damages, whether liquidated or unliquidated; - (ii) any claim for detention of chattels; - (iii) any claim for rent or mesne profits; - (iv) any claim for any debt, damages or compensation arising under any Act; and - (i) for enforcing by delivery of possession any mortgage, encumbrance, charge or lien, where the amount owing in respect thereof does not exceed the monetary limit; - (ii) for relief against fraud or mistake, where the damage sustained or the estate or fund in respect of which relief is sought does not exceed in amount or value the monetary limit; - (iii) for specific performance of an agreement for the sale or other disposition of land or an interest in land or of any other property, where the value of the land or interest or property does not exceed the monetary limit, or in lieu of or in addition to specific performance, damages not exceeding the monetary limit; - (iv) for rectifying, delivering up or cancelling any agreement, where the amount in dispute or the value of the property affected does not exceed the monetary limit; - (v) for a declaration of partnership or dissolution or winding up of, or otherwise relating to, any partnership, where the property of the partnership does not exceed in amount or value the monetary limit; - (vi) for the sale or division of property under the Property Law Act 2023 , part 5 , division 2 , where the property does not exceed in amount or value the monetary limit; - (vii) for the administration of the estate of a deceased person, where the estate does not exceed in amount or value the monetary limit; - (viii) for the execution of a trust or a declaration that a trust subsists, where the estate or fund subject or alleged to be subject to the trust does not exceed in amount or value the monetary limit; - (ix) relating to the custody, maintenance or advancement of an infant including the appointment of a guardian to the property or person of an infant but not so as to authorise any order under this provision affecting assets or property of an infant exceeding in amount or value the monetary limit; - (x) for family provision pursuant to the Succession Act 1981 , sections 40 to 43 , but so that any provision resulting from an order made by the court shall not exceed in amount or value the monetary limit; - (xi) to recover possession of any land, where the value of the land does not exceed the monetary limit; - (xii) to restrain, whether by injunction or otherwise, any actual, threatened or apprehended trespass or nuisance to land, where the value of that land does not exceed the monetary limit, or, in lieu of or in addition to such an injunction, damages not exceeding the monetary limit; - (xiii) for the determination of any question of construction arising under a deed, will or other written instrument, and for a declaration of the rights of the persons interested where the sum or the property in respect of which the declaration is sought does not exceed in amount or value the monetary limit; - (xiv) for the appointment under the Public Trustee Act 1978 , section 104 of the public trustee as administrator of any unclaimed property, where the gross value of the property does not exceed in amount or value the monetary limit. - (a) in the case of proceedings falling within subsection (1) (a) (ii) —the amount claimed for detention of goods is the amount claimed for the value of the goods together with the amount (if any) claimed for damages for the detention of the goods; and - (b) the value of land shall be the most recent valuation, current at the time of instituting the proceedings, made by the valuer-general under the Land Valuation Act 2010 , or, if there is no such valuation in respect of the land, the current market value at that time of the land exclusive of improvements thereto; and - (c) the following amounts must not be considered in calculating whether an amount, value or damage sought to be recovered in an action exceeds the monetary limit— (i) an amount of interest that is payable as of right, whether because of a law, agreement or otherwise; (ii) an amount of interest that may be awarded by a court, including, for example, an amount of interest that may be awarded under the Civil Proceedings Act 2011 , section 58 . - (i) an amount of interest that is payable as of right, whether because of a law, agreement or otherwise; - (ii) an amount of interest that may be awarded by a court, including, for example, an amount of interest that may be awarded under the Civil Proceedings Act 2011 , section 58 . - (i) an amount of interest that is payable as of right, whether because of a law, agreement or otherwise; - (ii) an amount of interest that may be awarded by a court, including, for example, an amount of interest that may be awarded under the Civil Proceedings Act 2011 , section 58 .