Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698937609043.pdf (New Zealand)
Reprint as at 10 September 2008 Child Support Rules 1992 (SR 1992/58) PURSUANT to section 234 of the Child Support Act 1991, Her Ex­ cellency the Governor­General, acting by and with the advice and consent of the Executive Council, hereby makes the following rules.
Contents Part 1 Preliminary provisions Title and commencement Application of rules Interpretation Construction Procedure and practice Non­compliance with rules Part 2 Records Records Searches Page 4 4 4 6 6 7 7 7 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
These rules are administered in the Ministry of Justice.
1 Child Support Rules 1992 Reprinted as at 10 September 2008 Part 3 Proceedings generally Forms Notices Headings Form of applications Afﬁdavit to accompany certain applications Information sheet to accompany applications Applications on notice Ex parte applications Procedure on ex parte applications Filing of applications Declaration of ﬁnancial means Previous documents Proceedings commenced in wrong Court Notice of defence Afﬁdavit to accompany notice of defence Interlocutory applications Setting down for hearing Part 4 Transfer of proceedings or hearing Transfer of proceedings Transfer of hearing Transfer with or without application Procedure on transfer Part 5 Service Service generally Address for service Personal service Substituted service Proof of service of documents by ofﬁcer or constable Service of orders Solicitor accepting service Service on persons under disability Part 6 Particulars and discovery Further particulars Discovery of documents Reprinted as at 10 September 2008 Child Support Rules 1992 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 Part 7 Amendment Amendment before service Amending proceedings Amendment of application or notice of defence Clerical mistakes and slips Procedure on intervention Joinder of party Part 8 Applications, directions, and conferences General procedure Enlargement or abridgment of time Conference Power of Judge to call conference [Revoked] Orders and directions [Revoked] Non­compliance with order [Revoked] Part 9 Evidence Order for production of documents Powers of Judge or Registrar not suspended by examination of witnesses out of Court Taking evidence outside New Zealand Part 10 Miscellaneous provisions Court and Chambers Order of priority of distress warrants Powers of Registrar Procedure on arrest of respondent other than in respect of offence Bond by receiver Witness entitled to expenses Schedule 1 Forms Schedule 2 Provisions of the District Court rules which do not apply to proceedings under the Act 23 23 23 23 24 24 24 26 26 27 27 27 27 28 28 28 29 29 30 30 31 86 3 Part 1 r 1 Child Support Rules 1992 Reprinted as at 10 September 2008 Part 1 Preliminary provisions Title and commencement These rules may be cited as the Child Support Rules 1992.
These rules shall come into force on the 2nd day of April 1992.

Application of rules Subject to this rule and unless the context otherwise requires, these rules shall apply to all proceedings under the Act.
These rules do not apply to— (a) (aa) Criminal proceedings; or proceedings under the Act to which the Family Courts Rules 2002 apply, namely— (i) (ii) proceedings in a Family Court; and proceedings in a District Court acting under sec­ tion 15 of the Family Courts Act 1980; or Proceedings which are transferred to the High Court under section 14 of the Family Courts Act 1980.
If in any proceedings any question arises as to the application of any provision of these rules, the Court may, either on the application of any party or of its own motion, determine the question and give such directions as it thinks ﬁt.

Compare: SR 1981/261, r 2 (b) Subclause (2)(aa) was inserted, as from 21 October 2002, by rule 3 Child Sup­ port Amendment Rules 2002 (SR 2002/259).
Interpretation In these rules, unless the context otherwise requires,— The Act means the Child Support Act 1991 Address for service means the address of a place in New Zealand where any document may be left for the party giving the address, which address shall not be that of a Post Ofﬁce box, a document exchange, or a rural delivery Applicant includes an appellant Application includes a notice of appeal, and application for an order has a corresponding meaning 1 (1) (2) 2 (1) (2) (3) 3 (1) 4 Reprinted as at 10 September 2008 Child Support Rules 1992 Part 1 r 3 Court— (a) means a District Court exercising jurisdiction under the (b) Act; and In relation to any act, jurisdiction, or discretion which may under these rules be done or exercised by the Registrar, includes the Registrar: this deﬁnition was substituted, as from 21 October 2002, by rule Court: paragraph (a) of this deﬁnition was substituted, as from 21 October 2002, by rule 4(1) Child Support Amendment Rules 2002 (SR 2002/259).
District Courts Rules means the District Courts Rules 19481 Financial support includes any penalty or interest imposed thereon under the Act Judge means a District Court Judge exercising jurisdiction under the Act.

Judge: 4(2) Child Support Amendment Rules 2002 (SR 2002/259).
Nearest, in relation to any Court, means the Court whose place of sitting is nearest by the most practicable route Registrar means the Registrar of a Court, and includes any Deputy Registrar Expressions not deﬁned in these rules but deﬁned in the Act have, in these rules, the meanings so deﬁned.

In these rules, a reference to a numbered form is a reference to the form so numbered in Schedule 1 to these rules.
Compare: SR 1981/261, r 3 (2) (3) 1 SR 1948/197 (Reprinted with Amendments Nos 1­17: SR 1981/259) Amendment No 18: (Revoked by SR 1987/43) Amendment No 19: SR 1986/385 Amendment No 20: (Revoked by SR 1988/30) Amendment No 21: (Revoked by SR 1989/14) Amendment No 22: SR 1988/277 Amendment No 23: (Revoked by SR 1991/195) Amendment No 24: SR 1989/363 Amendment No 25: SR 1991/195 5 Part 1 r 4 Child Support Rules 1992 Reprinted as at 10 September 2008 4 Construction These rules shall be so construed as to secure the just, speedy, simple, and inexpensive determination of any proceedings.
Compare: SR 1981/261, r 4 Procedure and practice 5 (1) No practice that is inconsistent with these rules shall prevail (2) in any Court.

Subject to subclauses (3) to (5) of this rule, if any case arises for which no form of procedure is prescribed by the Act or these rules, the District Courts Rules shall apply, so far as they are applicable and with any necessary modiﬁcations, and the general practice of District Courts shall apply.
(3) Notwithstanding subclause (2) of this rule, a Court shall dis­ pose of any case to which that subclause applies in such man­ ner and subject to such modiﬁcations as the Court thinks best calculated to promote the ends of justice.

Those provisions of the District Court Rules which are set out in Schedule 2 to these rules shall not apply to proceedings under the Act.
(4) (5) Where a Court is satisﬁed, in the circumstances of any particu­ lar case, that— (a) The provisions of the Act, of these rules, or of the Dis­ trict Courts Rules, or the practice of the Court, do not make adequate provision for procedure or practice; or (b) Difﬁculties arise or doubts exist as to the appropriate procedure or practice,— the Court may give such directions with respect to the proced­ ure and practice to be followed in the case as the Court con­ siders necessary to promote the ends of justice.
Every Judge may from time to time give such directions, not inconsistent with any enactment or these rules, as he or she thinks proper for regulating the business of the Court over which he or she presides.
Compare: SR 1981/261, r 5 (6) 6 Reprinted as at 10 September 2008 Child Support Rules 1992 Part 2 r 8 6 Non­compliance with rules Non­compliance with any of these rules shall not render void the proceedings in which the non­compliance has occurred, but the proceedings may, of the Court’s own motion or on ap­ plication made with reference to the non­compliance, be set aside either wholly or in part or amended or otherwise dealt with in such manner or on such terms as the Court thinks ﬁt.
Compare: SR 1981/261, r 6 Part 2 Records 7 (1) Records The Registrar of every District Court shall enter in the Family Proceedings Records kept in accordance with rule 7(1)(a) of the Family Proceedings Rules a record of each application made under the Act, and of the decision on the application.

(2) A minute of the decision on each application shall be endorsed on that application, and shall be signed and dated by the Judge or Registrar making the order.
Compare: SR 1983/31, r 7 8 (1) (2) (3) Searches Subject to subclause (2) of this rule, the following persons may search the records of and the documents ﬁled in the District Court in relation to any proceedings under the Act, namely: (a) A party to the proceedings, or his or her solicitor or an agent of his or her solicitor: (b) Any other person who satisﬁes the Registrar that he or she has a proper interest in the proceedings.
If the Registrar considers that it would contravene a direction given by a Judge to permit a person referred to in subclause (1)(a) or (b) of this rule to inspect any particular document, or that there is some other special reason why the person should not search any particular document, the Registrar may decline to permit that person to search that document.
If a person referred to in subclause (1)(a) or (b) of this rule disputes the exercise by the Registrar of the power conferred by subclause (1) or subclause (2) of this rule, the Registrar 7 Part 3 r 9 Child Support Rules 1992 Reprinted as at 10 September 2008 shall, on that person’s request, submit the request to a Judge, whose decision shall be ﬁnal.
Compare: SR 1981/261, r 8 Part 3 Proceedings generally 9 (1) (2) (3) Forms The forms to be used in proceedings under the Act shall be those prescribed in Schedule 1 to these rules.

Such variations may be made in any prescribed form as the circumstances of any particular case may require.

Strict compliance with prescribed forms is not necessary and substantial compliance, or such compliance as the particular circumstances of the case allow, is sufﬁcient.
(5) (4) Where no form is prescribed, a form may be devised by the parties or by the Court, using as guides those prescribed in these rules.

Each sheet of paper used for any form shall be of International size A4.

Each sheet of paper on which the contents of a document are recorded shall have those contents recorded only on one side.
In the case of each form set out in Schedule 1 to these rules,— A margin of at least 40 mm shall be left at the top of (a) each page; and (6) (7) (b) A margin of at least 70 mm shall be left on the right­ hand side of each page.

Compare: SR 1981/261, r 11; SR 1983/31, r 9 Notices 10 (1) All notices required to be given or served by the Act or by these rules shall be in writing, unless the Act or these rules otherwise provide or the Court in any particular case otherwise directs.
(2) Where an application is made for any order or direction rela­ tive to the service of an application upon a respondent, the Court or Judge or Registrar hearing the same may require such further information or matter to be stated in the notice to the respondent, and may impose such conditions as seem proper 8 Reprinted as at 10 September 2008 Child Support Rules 1992 Part 3 r 12 to the Court or Judge or Registrar in the circumstances of the particular case.
Compare: SR 1981/261, r 12 11 (1) (2) (3) (b) Headings Every application, notice, order, summons, or warrant shall bear a proper heading.

The heading, which may be in form CS 1, shall show— (a) The Court in which the application or other matter is proceeding; and The distinguishing number of the application or other matter; and The names, addresses, and occupations of the parties or, in a case where the Commissioner of Inland Revenue is a party, the fact that the Commissioner is a party.
Subclauses (1) and (2) of this rule shall apply to every other document, including any afﬁdavit, ﬁled, issued, or served by any party: Provided that in the case of any such document— (c) (a) Surnames of individuals, where required to be in­ serted, shall be set out at length, but given names may, unless necessary to distinguish 2 or more persons required to be named, be indicated by ini­ tials only: (b) Addresses and occupations of persons, unless ne­ cessary to distinguish 2 or more persons required to be named, may be omitted.
Compare: SR 1981/261, r 13 12 (1) Form of applications Every application for an order under the Act shall be in the appropriate form in Schedule 1 to these rules.

(2) Multiple applications may be made in a single document (whether it consists of one page or more pages than one).
(3) Where multiple applications are made in a document— (a) One signature by the applicant may be sufﬁcient for all the applications made in the document: 9 Part 3 r 13 Child Support Rules 1992 Reprinted as at 10 September 2008 (b) One information sheet in form CS 2 shall be sufﬁcient in respect of all the applications in that document: One general heading in form CS 1 shall be sufﬁcient in those cases where such a general heading is required.
(c) Compare: SR 1981/261, r 14 Afﬁdavit to accompany certain applications Every application on notice (except an application for an ur­ gent maintenance order under section 116 of the Act) shall be accompanied by an afﬁdavit made by the applicant or some other person deposing to the matters on which the application is based.
Every afﬁdavit accompanying a notice of appeal under section 100 or section 101 or section 102 or section 103 of the Act shall exhibit— (a) A copy of the appellant’s notice of objection to the Commissioner; and (b) A copy of the Commissioner’s notice of disallowance.

Every afﬁdavit shall, where the application is to be served, be served with that application.
Information sheet to accompany applications Every application (including an ex parte application, where such an application is permissible) shall be accompanied by a duly completed information sheet in form CS 2, which shall, where that application is to be served, be served with that ap­ plication.

Subclause (1) of this clause shall apply to an application, not­ withstanding that more than one order is claimed or sought in the document in which the application is made.
Compare: SR 1981/261, r 18 Applications on notice Subject to rule 16 of these rules, every application for an order under the Act— (a) (b) Shall be on notice; and Shall be ﬁled together with such number of copies as the Registrar directs of the application, of the information 13 (1) (2) (3) 14 (1) (2) 15 (1) 10 Reprinted as at 10 September 2008 Child Support Rules 1992 Part 3 r 16 sheet, and, where rule 13 of these rules applies, of the afﬁdavit accompanying the application, which number shall not exceed the number of persons intended to be served.
(2) On the ﬁling of an application on notice, the Registrar shall issue, for service on the respondent,— (a) (b) Where rule 13 of these rules applies, a copy of the afﬁ­ A copy of the application; and (c) davit accompanying the application; and A copy of the information sheet accompanying the ap­ plication; and (d) A notice to the respondent in form CS 26 or form CS 27, as may be appropriate.
Compare: SR 1981/261, r 15 Ex parte applications 16 (1) An order may be made, or, as the case may be, a warrant may be issued, on an ex parte application under the following sec­ tions: (a) (b) Section 117(5) (suspension order): Section 120(2) (order dispensing with security on ap­ peal from decisions of Courts): Section 184 (charging order): Section 187 (receiving order): Section 199 (arrest of liable person): Section 200 (order restraining disposition).
(c) (d) (e) (f) In any other case, an order may be made upon application ex parte— (a) (2) If the Court is satisﬁed— (i) (ii) That the delay that would be caused by proceed­ ing on notice would or might entail serious injury or undue hardship; or That the delay that would be caused by proceed­ ing on notice would or might entail risk to the personal safety of the applicant or any child of the applicant’s family; or (iii) That the application affects only the party mov­ ing, or is in respect of a matter of routine, or is 11 Part 3 r 17 Child Support Rules 1992 Reprinted as at 10 September 2008 of so unimportant a nature that the interest of any other party cannot be affected thereby; or (b) Where section 224 of the Act applies.
(3) An ex parte application— (4) (5) Under section 117(5) of the Act shall be in form CS 23: (a) (b) Under section 199 of the Act shall be in form CS 47.

Every other ex parte application shall be in form CS 28.

Every ex parte application referred to in— (a) (b) shall be accompanied by an afﬁdavit made by the applicant or some other person deposing to the matters on which the application is based.
Subclause (1) of this rule (except paragraph (e)); or Subclause (2)(a)(iii) of this rule,— (6) Any person against whom an order has been made ex parte under subclause (2) of this rule may at any time apply to re­ scind or vary the order.

Compare: SR 1981/261, r 16 Procedure on ex parte applications If an ex parte application is one upon which an appearance is necessary or required, the Registrar shall ﬁx a date and time for its hearing and shall inform the applicant of the date and time so ﬁxed.
If an order is made on an application on which no appearance is necessary or required by the applicant, the Registrar shall immediately inform the applicant of the terms of the order.
Compare: SR 1981/261, r 17 Filing of applications Subject to subclause (2) of this clause and except where the Act or these rules otherwise provide, any application by which proceedings under the Act are commenced may be ﬁled— (a) In the District Court nearest to the place where the ap­ plicant resides; or In the District Court nearest to the place where the re­ spondent resides; or (b) (c) With the written consent of the respondent ﬁled with the application, in any other District Court.
17 (1) (2) 18 (1) 12 Reprinted as at 10 September 2008 Child Support Rules 1992 Part 3 r 20 (2) Any application by which proceedings under the Act are com­ menced, being proceedings to which the Commissioner of In­ land Revenue is the applicant or respondent, shall be ﬁled in the District Court nearest to the place where the other party resides.

19 (1) (2) Declaration of ﬁnancial means Every application under section 116 of the Act shall be accom­ panied by a statutory declaration in form CS 37.
Every such declaration shall be served with that application.
Compare: SR 1981/261, r 20 Previous documents 20 (1) Where— (a) The parties to an application (other than an interlocutory application) were the parties, or some of the parties, to any previous application under the Act; and (b) Any such previous application was ﬁled in a Court other than that in which the latest application is ﬁled,— there shall be ﬁled with the latest application a document showing— (c) (d) The ﬁle number of any such previous application; and The Court in which any such previous application was ﬁled.
(2) Any party to an application may, by the document ﬁled under subclause (1) of this rule or by a document ﬁled separately at any time, request the transfer to the Court in which the latest application is ﬁled of all documents relating to any such pre­ vious application.

The Registrar may, and shall, on receipt of a request under subclause (2) of this rule or by direction of a Judge, take all necessary steps to have the documents relating to any such previous application transferred.
Compare: SR 1981/261, r 21 (3) 13 Part 3 r 21 Child Support Rules 1992 Reprinted as at 10 September 2008 21 (1) Proceedings commenced in wrong Court The Registrar may refuse to ﬁle any proceedings which in his or her opinion are tendered for ﬁling in the wrong Court: Provided that the applicant may on such refusal apply to a Judge for a direction that he or she is entitled to ﬁle the pro­ ceedings in that Court.
(2) Where proceedings are commenced in the wrong Court, a Judge, on such terms and conditions as he or she thinks ﬁt, may either— (a) Transfer the proceedings to the Court in which they ought to have been commenced; or (b) Order that the proceedings shall continue in the Court in which they were commenced.

(3) 22 (1) Subject to subclause (2) of this rule, no objection shall be taken at the hearing or at any subsequent proceedings on the ground that the proceedings were ﬁled in the wrong Court.
Compare: SR 1981/261, r 22 Notice of defence Subject to subclauses (2) and (3) of this rule, in any proceed­ ings under the Act, the respondent may, within 21 days after service on him or her of the application and notice, ﬁle in the Court and serve on the other party or his or her solicitor a no­ tice of defence in form CS 29.
(3) (2) Where a respondent resides outside New Zealand, or where there is substituted service, the time after service within which he or she may ﬁle a notice of defence to the application shall, on application by the applicant, be ﬁxed by the Court or a Judge or by a Registrar.
If the respondent fails to ﬁle and serve a notice of defence within the time ﬁxed by this rule, he or she may nevertheless ﬁle and serve a notice of defence at any time before the hear­ ing, or, without ﬁling or serving a notice of defence, appear on the day of hearing and defend the application.

In any such case the Court may order him or her to pay any costs properly incurred in consequence of his or her delay or failure, and may adjourn the application on such terms as it thinks ﬁt.
Compare: SR 1981/261, r 27 14 Reprinted as at 10 September 2008 Child Support Rules 1992 Part 3 r 25 23 (1) (2) 24 Afﬁdavit to accompany notice of defence Every notice of defence shall be accompanied by an afﬁdavit made by the defendant or some other person deposing to the matters raised in the afﬁdavit ﬁled in support of the application and to the matters on which the defence is based.

Every afﬁdavit shall be served with the notice of defence.
Interlocutory applications Any application in the course of proceedings shall be ﬁled in the Court in which the proceedings were commenced or to which they have been transferred, or transferred for hearing, as the case may require.

Compare: SR 1981/261, r 31 Setting down for hearing 25 (1) Unless a Judge in any particular case otherwise orders, no ap­ plication shall be set down for hearing before the time for ﬁling a notice of defence has expired.
Subject to subclause (1) of this rule, an application shall be set down for hearing— (a) On the ﬁling of an application for a ﬁxture in form CS 31 which is signed by or on behalf of all parties to the application; or (2) (b) On the ﬁling of an application for a ﬁxture in form CS 31 which is signed by one party alone if the Registrar is satisﬁed that the other party or parties have refused to sign the application and that the refusal in the circum­ stances is unreasonable; or (c) Where an application for a ﬁxture in form CS 31 has not been ﬁled, if the Registrar is satisﬁed that the time for ﬁling the notice of defence has expired.
(3) Where the Registrar sets the application down for hearing under subclause (2)(b) of this rule, he or she shall endorse the application accordingly.

The Registrar shall give notice of the time and date of the hear­ ing— (a) To the applicant; and (4) 15 Part 4 r 26 Child Support Rules 1992 Reprinted as at 10 September 2008 (5) 26 27 (b) If the respondent has ﬁled an address for service, or has been served with the proceedings, to the respondent.
It shall be the duty of all parties to furnish without delay to the Registrar all available information affecting any estimated length of the hearing.

Compare: SR 1981/261, r 33 Part 4 Transfer of proceedings or hearing Transfer of proceedings If a Judge of any Court is satisﬁed that any proceedings in that Court can be more conveniently or fairly dealt with in some other Court, he or she may order them to be transferred to that other Court.
Compare: SR 1981/261, r 34 Transfer of hearing If a Judge of any Court is satisﬁed that any application ﬁled in that Court can be more conveniently or fairly heard in some other Court, but that the application should remain an applica­ tion to the ﬁrst­mentioned Court, he or she may order that the hearing of the application shall take place in that other Court.
Compare: SR 1981/261, r 35 Transfer with or without application 28 (1) Any transfer authorised by rule 26 or rule 27 of these rules may be made by the Judge of his or her own motion, or on the application of any party on not less than 3 days’ notice.

(2) Where all parties consent, the order may be made by the Regis­ trar.

The order shall be endorsed on the application, and notice of the transfer shall be given to all parties.
Compare: SR 1981/261, r 36 Procedure on transfer Where, in relation to any proceedings under the Act,— (a) Any transfer of proceedings or transfer of hearing is ordered under rule 26 or rule 27 of these rules; or (3) 29 16 Reprinted as at 10 September 2008 (b) Child Support Rules 1992 Part 5 r 31 rule 37 of the Family Proceedings Rules 19812 shall apply with any necessary modiﬁcations to that transfer.
Compare: SR 1981/261, r 37 Paragraph (b) was revoked, as from 21 October 2002, by rule 5 Child Support Amendment Rules 2002 (SR 2002/259).

Part 5 Service 30 (1) (2) (3) 31 (1) Service generally Except as otherwise provided by these rules, the Registrar shall serve or cause to be served— (a) Every document by which any proceedings are com­ menced under the Act; and Every summons issued under the Act or under these rules.
(b) The Registrar may also in his or her discretion, and shall on the direction of a Judge, serve or cause to be served any other documents required for the purpose of any proceedings under the Act.

The Registrar may permit a solicitor for a party or a solicitor acting as agent for that solicitor, or some person employed by either solicitor, to serve any document or summons to which subclause (1) of this rule applies.
Compare: SR 1981/261, r 39 Address for service Subject to subclause (2) of this rule, each party, unless he or she has sooner given his or her address for service in accord­ ance with that subclause, shall give an address for service at the foot of the ﬁrst document ﬁled by him or her.

(2) A party (other than the party commencing proceedings) may give an address for service by stating it in a notice ﬁled in the Court and by serving a copy of the notice on each other party to the proceedings.
2 SR 1981/261 17 Part 5 r 32 Child Support Rules 1992 Reprinted as at 10 September 2008 (4) (3) Any address for service may from time to time be altered by reasonable notice to the Registrar and to each party to the pro­ ceedings.
Subject to subclause (5) of this rule, a document or a copy of a document that is required by the Act or these rules to be served or given may be served or given to any party— (a) By leaving it at an address for service given by that party in accordance with this rule; or (b) Where an address for service given by that party in ac­ cordance with this rule is the ofﬁce of a solicitor and that solicitor has an exchange box in a document exchange, by leaving that document, addressed to that solicitor, in that exchange box or at another exchange box for trans­ mission to that exchange box.
Subclause (4) of this rule shall not apply in any case where— Personal service of a document is required or prescribed (a) by the Act or these rules or by the Court; or (b) A document is required by the Act or these rules or by the Court to be served by a particular and exclusive mode.
The provisions of subclauses (1) to (4) of this rule, so far as they are applicable and with any necessary modiﬁcations, shall apply to every person who is given or served with any notice or other document in the proceedings, in the same manner as they apply to a party to the proceedings.
Compare: SR 1981/261, r 40 Personal service Every application, notice, or other document in relation to which personal service on any person is required by the Act or these rules or by the Court shall be served by personally de­ livering the document to the person to be served or by bringing it to his or her notice if he or she refuses to accept it.
Every such document may be served— (a) (b) By a bailiff; or By a constable where either no bailiff is available to serve the document or where a bailiff has attempted un­ successfully to serve the document and the Registrar di­ rects that the document be served by a constable; or (5) (6) 32 (1) (2) 18 Reprinted as at 10 September 2008 Child Support Rules 1992 Part 5 r 33 (c) By a solicitor for a party or a solicitor acting as agent for that solicitor, or by some person employed by either solicitor to serve the documents; or (d) Where the Commissioner of Inland Revenue is a party, by the Commissioner or some person authorised by the Commissioner.
Except where service is effected by the Commissioner of In­ land Revenue or a person authorised by the Commissioner, personal service shall in no case be effected by a party to the proceedings, but such a party may be present when service is effected.
Compare: SR 1981/261, r 41 (3) Substituted service 33 (1) Where for any sufﬁcient reason service of any document can­ not be effected in the manner prescribed by rule 31(4) or rule 32 of these rules, the Court may, on such terms and conditions as it thinks ﬁt, make an order in form CS 32— (a) Giving leave for steps to be taken to bring the document to the knowledge of the person to be served by adver­ tisement or in some other manner; or (b) Dispensing altogether with service.
(2) Where an order under subclause (1)(a) of this rule has been carried out, the steps taken may be called substituted service, and such service shall have the same effect as personal service.

(3) Where the Court makes an order under section 224 of the Act, or where leave is given under this rule to bring the document to the knowledge of the person to be served by advertisement, the advertisement shall be in form CS 33.
In such a case the names of the newspapers in which the advertisement is published and the respective dates of publication shall be shown in an afﬁ­ davit in form CS 34 ﬁled in proof of the due publication of the advertisement, and extracts showing those advertisements and taken from those newspapers shall be attached to the afﬁdavit as exhibits.
Compare: SR 1981/261, r 42 19 Part 5 r 34 Child Support Rules 1992 Reprinted as at 10 September 2008 Proof of service of documents by ofﬁcer or constable 34 (1) Where any document is served by an ofﬁcer of a Court or by any constable, the service may be proved— (a) By showing the fact and the date and mode of service— In an endorsement on the original document or a (i) copy of it; or In a certiﬁcate attached to the original document or a copy of it; or (ii) (b) In any other mode prescribed by these rules.
(2) An endorsement or certiﬁcate under subclause (1)(a) of this rule shall be signed— (a) (b) By the person who served the document; or If the service was effected by registered letter, by an ofﬁcer of the Court who knows of the service.

Compare: SR 1981/261, r 43 35 (1) (2) (3) Service of orders The Registrar shall, as soon as practicable after the making of an order under the Act, take all reasonable steps to serve a copy of the order upon the parties.
If any party is represented by a solicitor, service of a copy of the order upon his or her solicitor shall be deemed to be service upon the party so represented.

If any party is not represented by a solicitor, service may be effected in accordance with the provisions of rule 85 of the District Courts Rules relating to service by registered letter.
(4) Where a Court makes an order under the Act, the Registrar or other responsible ofﬁcer of the Court shall, within 14 days after the day on which the order is made, send a certiﬁed or sealed copy of the order to the Commissioner in accordance with section 126 of the Act.
Compare: SR 1981/261, r 45 Solicitor accepting service Subject to rule 35(2) of these rules, where a solicitor represents that he or she is authorised to accept service of any document on behalf of any party, it shall be sufﬁcient to deliver the docu­ 36 20 Reprinted as at 10 September 2008 Child Support Rules 1992 Part 6 r 38 ment to him or her, if he or she signs a memorandum stating that he or she accepts service on behalf of that party.
Compare: SR 1981/261, r 46 37 Service on persons under disability Subject to section 223 of the Act, where a person who poses a serious danger to the health or safety of others is a respondent, service on the person with whom the respondent resides or in whose care he or she is, shall, unless the Court otherwise orders, be deemed good service on the respondent.
Compare: SR 1981/261, r 47 Rule 37: amended, on 10 September 2008, by section 24(2)(a) of the Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 (2008 No 64).

Rule 37: amended, on 10 September 2008, by section 24(2)(b) of the Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 (2008 No 64).
Part 6 Particulars and discovery 38 (1) Further particulars If either party requires further particulars, he or she may, at any time before the hearing give notice to the other party requiring the other party, within 7 days after service of the notice, to ﬁle and serve such further particulars as the party giving the notice speciﬁes, being particulars that sufﬁce to ensure that the Court and the party giving the notice are fully and fairly informed of the matters relied on by the party to whom the notice is given.
(2) Notwithstanding anything in subclause (1) of this rule, a Judge may at any time order any party to ﬁle and serve— A statutory declaration in form CS 37: (a) (b) A statement of such particulars as may sufﬁce to en­ sure that the Court and the opposite party are fully and fairly informed of the matters relied on by the party so ordered.
If any party fails to comply with any such notice or order, the following provisions shall apply: (a) If the party failing to comply with the order is the appli­ cant in the proceedings, the Court may order the pro­ (3) 21 Part 6 r 39 Child Support Rules 1992 Reprinted as at 10 September 2008 (b) ceedings to be dismissed or stayed until the order is complied with: If the party failing to comply with the order is the re­ spondent, the Court may order— (i) That the respondent be deemed to have admitted those particulars in the application or notice of defence to which the order for further particulars applies; or That the respondent be allowed to defend the ap­ plication only on such terms as the Court thinks ﬁt.
(ii) Compare: SR 1981/261, r 48 Discovery of documents 39 (1) Where a notice of defence has been ﬁled, any party may apply to the Court for an order for discovery on oath of the docu­ ments which are or have been in the possession or power of the other party relating to any matter in question in the pro­ ceedings.

The application shall be accompanied by an afﬁ­ davit specifying the extent of the discovery required and the reasons for the discovery.
The order shall be in form CS 35 and shall be served by the applicant on the party against whom it is issued.

(2) (3) A party against whom an order for discovery is issued shall, within 7 days after the service of the order, or within such further time as the Court, on application, may order,— (a) (b) File an afﬁdavit in form CS 36; and Serve a copy of that afﬁdavit on the party who applied for the order.
(4) Nothing in this rule shall override or limit the secrecy provi­ sions of the Inland Revenue Department Act 1974.

Compare: SR 1981/261, r 49 22 Reprinted as at 10 September 2008 Child Support Rules 1992 Part 7 r 43 Part 7 Amendment 40 41 Amendment before service The Registrar may, on the request in writing of the applicant at any time before the service of the application, amend any application.
Compare: SR 1981/261, r 50 Amending proceedings The Court may, either upon or without the application of either party and at any stage of the proceedings,— (a) Amend any defect or error in any proceedings, whether the defect or error is that of the party applying to amend or not; or (b) Amend the name, address, or occupation of either of the parties as set out in any document in the proceedings,— and all such amendments as may be necessary for the purpose of determining the real question in dispute between the par­ ties may be made, and the proceedings shall continue in all respects as if they had been commenced in the form in which they appear after the amendment has been made.
Compare: SR 1981/261, r 51 Amendment of application or notice of defence 42 (1) An applicant may ﬁle and serve an amended application and a respondent may ﬁle and serve an amended notice of defence— (a) Without an order, at any time before the application has been set down for hearing; or (b) With the leave of the Court, at any time before the hear­ ing.
(2) When an application or notice of defence is amended, the Court may, at the hearing, adjourn the hearing for such time and on such terms as may be just.

Compare: SR 1981/261, r 52 43 Clerical mistakes and slips Clerical mistakes in judgments or orders, or errors in judg­ ments or orders arising from any accidental slip or omission, 23 Part 7 r 44 Child Support Rules 1992 Reprinted as at 10 September 2008 may at any time be corrected by the Court or a Judge or a Registrar.
Compare: SR 1981/261, r 53 44 Procedure on intervention Every person who wishes, pursuant to section 125 of the Act, to intervene in, and contest and argue any question arising in, a proceeding under the Act to which he or she is not otherwise a party, shall ﬁle a notice of intervention in form CS 30 and serve a copy on every party to the proceeding.
Joinder of party 45 (1) Where another person is joined as a respondent, the Court may adjourn the hearing for such time and on such terms as may be just to enable the party so joined to be served with— (a) A notice in form CS 26 (which form shall apply with any necessary modiﬁcations); and (b) A copy of the application initiating the proceedings and of any afﬁdavit accompanying the application.
(2) Notwithstanding subclause (1) of this rule, if the joinder under that subclause is made at the hearing and the party so joined is present at the hearing, service of that notice and copy of application may be dispensed with if the Court is satisﬁed that the party joined will not be prejudiced.
Compare: SR 1981/261, r 54 Part 8 Applications, directions, and conferences General procedure 46 (1) Where by the Act or by these rules any application in the course of any proceedings is expressly or by implication au­ thorised to be made to the Court or to the Judge or to the Regis­ trar, then, subject to the provisions of the particular section of the Act or rule applicable thereto, the following provisions shall apply: (a) The application may be made either in Court or in Chambers and either ex parte or on notice: 24 Reprinted as at 10 September 2008 Child Support Rules 1992 Part 8 r 46 (b) (c) If made ex parte, the application shall be in form CS 28, and the provisions of subclauses (2) and (6) of rule 16 of these rules shall apply with any necessary modiﬁca­ tions: If made on notice, the application shall be ﬁled in the District Court and served on the opposite party not later than 3 clear days before the time appointed for the hear­ ing of the application, unless the Judge or Registrar dis­ penses with notice or gives leave for shorter notice: (e) (d) No afﬁdavit shall be necessary in the ﬁrst instance, but the Judge or Registrar may direct evidence to be ad­ duced in such manner as the Judge or Registrar thinks ﬁt: Upon the hearing of the application, the Judge or Regis­ trar may make such order as the Judge or Registrar thinks ﬁt: If the Registrar has power to hear and determine the ap­ plication, the applicant shall, unless the Judge otherwise orders, make the application to the Registrar in the ﬁrst instance: (f) (g) Where the application is made to the Registrar, the Registrar may, if in doubt as to the proper order to be made, refer the application to the Judge forthwith or at the next convenient opportunity and the Judge may hear the application and make such orders as the Judge thinks ﬁt: The costs of interlocutory applications shall be in the discretion of the Court, and if allowed shall be costs in the proceedings unless the Judge or Registrar otherwise orders: (h) (i) Where the Registrar has
 made an order to which this rule applies, any party who is dissatisﬁed with it may apply to the Judge on notice to vary or rescind the order, and on hearing the application the Judge may vary or rescind the order and may make such order as he or she thinks ﬁt: The application need not be heard by the Judge before whom other applications in the same proceedings are pending: (j) 25 Part 8 r 47 Child Support Rules 1992 Reprinted as at 10 September 2008 (k) If the Registrar is satisﬁed that by reason of the absence of the Judge an application can be more expeditiously heard and determined in some other Court, he or she may, of his or her own motion or on the request of ei­ ther party, order that the application be transferred for hearing to that Court, and the provisions of rule 37(2) of the Family Proceedings Rules 1981 (as applied by rule 29 of these rules) shall apply to the transfer.
The jurisdiction of the Court to hear any application in the course of proceedings may be exercised by the Registrar, un­ less there is provision to the contrary in the Act or these rules.

Compare: SR 1981/261, r 55 Enlargement or abridgment of time Subject to these rules, any of the times ﬁxed by these rules for— (a) (b) (c) may be enlarged or abridged by consent of both parties or by the Court on the application of either party.
Taking any steps in any proceedings; or Filing any document; or Giving or serving any notice— (2) 47 (1) (2) An order enlarging time may be made although the applica­ tion for the order is not made until after the expiration of time allowed or appointed.

(3) An order enlarging or abridging time may be varied by the Court on the application of either party.
(4) No order enlarging time may be made where it appears that the application for the order was made with the principal object of delaying the proceedings to the detriment of the other party.

Compare: SR 1981/261, r 56 Conference This heading was revoked, as from 21 October 2002, by rule 6(2) Child Support Amendment Rules 2002 (SR 2002/259).

Power of Judge to call conference [Revoked] Rule 48 was revoked, as from 21 October 2002, by rule 6(1) Child Support Amendment Rules 2002 (SR 2002/259).
48 26 Reprinted as at 10 September 2008 Child Support Rules 1992 Part 9 r 52 49 50 51 (1) (2) Orders and directions [Revoked] Rule 49 was revoked, as from 21 October 2002, by rule 6(1) Child Support Amendment Rules 2002 (SR 2002/259).

Non­compliance with order [Revoked] Rule 50 was revoked, as from 21 October 2002, by rule 6(1) Child Support Amendment Rules 2002 (SR 2002/259).
Part 9 Evidence Order for production of documents The Court may at any stage of the proceedings order the pro­ duction by any party of any documents in his or her possession, custody, or power relating to any question in the proceedings, and the Court may deal with the documents when produced in such manner as may be just.
If any party fails to comply with an order made under sub­ clause (1) of this rule, the following provisions shall apply: (a) If the party failing to comply with the order is the ap­ plicant, the Court may order the proceedings to be dis­ missed or stayed until the order is complied with: If the party failing to comply with the order is a respond­ ent, the Court may order that he or she be allowed to defend only on such terms as the Court thinks ﬁt.
(b) (3) Nothing in this rule shall override or limit the secrecy provi­ sions of the Inland Revenue Department Act 1974.
Compare: SR 1981/261, r 68 52 Powers of Judge or Registrar not suspended by examination of witnesses out of Court The pendency of any examination under rule 198 of the Dis­ trict Courts Rules, as applied to proceedings to which these rules apply, shall not suspend or prevent the exercise by any Judge or Registrar of any power or jurisdiction which he or she would otherwise possess in respect of the application.
Compare: SR 1981/261, r 69 27 Part 9 r 53 Child Support Rules 1992 Reprinted as at 10 September 2008 53 54 (1) (2) Taking evidence outside New Zealand Where in any proceedings under the Act, the evidence of any person is to be taken outside New Zealand, that evidence may be taken in accordance with the rules of the High Court of New Zealand for the time being governing the examination of witnesses out of New Zealand.
Compare: SR 1981/261, r 70 Part 10 Miscellaneous provisions Court and Chambers The Court may, for the purpose of doing justice between the parties and any other persons likely to be affected by the proceedings, from time to time adjourn the hearing of any proceedings from Court to Chambers and from Chambers to Court.
In any proceedings in which the Judge is required, or desires, to ascertain the wishes of any child, he or she may order that any party to the proceedings and the barristers or solicitors for any party or for the child be excluded from the hearing for so long as may be necessary for such ascertainment or may otherwise direct when and where he or she will ascertain the wishes of the child.
Compare: SR 1981/261, r 71 55 (1) Order of priority of distress warrants The Registrar shall note on any request for the issue of a dis­ tress warrant the precise time of the request.

(2) Any distress warrant issued shall bear an endorsement by the Registrar of the precise time of the request.

(3) Where more than one distress warrant is issued against the same person, the warrants shall be executed in the order of the times noted under subclause (1) of this rule.
(4) Any warrant issued under section 183 of the Act shall rank in order of priority with any distress warrant issued under the District Courts Rules.
Compare: SR 1981/261, r 72 28 Reprinted as at 10 September 2008 Child Support Rules 1992 Part 10 r 57 Powers of Registrar 56 (1) Where the Registrar is authorised under these rules to hear and determine any proceedings or to exercise any other jurisdic­ tion, the Registrar shall, within the limits of that authority and subject to any right of review by a Judge under these rules, have all the powers of a Judge; and any order by the Regis­ trar shall have the same effect, and be enforceable in the same manner, as if it were an order of a Judge.
(2) Nothing in this rule shall authorise the Registrar to commit any person to a prison or to enforce any order by committal.

(3) Any order made by a Judge may be signed by the Registrar in his or her own name and description.

Compare: SR 1981/261, r 73 Subclause (2) was amended, as from 1 June 2005, by section 207 Corrections Act 2004 (2004 No 50) by substituting the word “prison” for the words “penal institution”.
57 (1) (2) Allow the respondent to go at large; or Procedure on arrest of respondent other than in respect of offence Subject to sections 193(3) and 194(6) of the Act, where a re­ spondent is arrested and brought before the Court on a war­ rant issued other than in respect of an offence, subclauses (2) to (5) of this rule shall apply.
The Court before whom the respondent is brought may adjourn the hearing to a time and place to be appointed, and may— (a) (b) Grant him or her bail on such conditions, and either in his or her own recognisance or with such number of sureties as the Court in its discretion sees ﬁt, and for such amount, as the Court considers proper in all the circumstances; or If it is the opinion that the attendance of the respondent at the hearing is necessary in the interests of justice and that the respondent is unlikely to appear at the hearing, or may attempt to leave New Zealand with intent to defeat the course of justice, remand the respondent in custody for any period not exceeding 8 days unless the respondent consents to a longer period of remand.
(c) 29 Part 10 r 58 Child Support Rules 1992 Reprinted as at 10 September 2008 (3) Any such adjournment, bail, or remand may be extended or renewed from time to time by the Court until the proceeding in respect of which the warrant was issued is ﬁnally disposed of by the Court.
(4) Where— (a) Any respondent who is allowed to go at large fails to attend at the time and place to which the hearing has been adjourned: or (5) 58 (b) Any respondent who is released on bail fails to attend personally at the time and place speciﬁed in the bond or fails to comply with any condition ﬁxed in the bond,— any Judge may issue a warrant to arrest the respondent and bring him or her before a Court.
If a respondent who has been released on bail fails to comply with the bond, the provisions of section 57 of the Summary Proceedings Act 1957, as far as they are applicable and with the necessary modiﬁcations, shall apply.
Compare: SR 1981/261, r 74 Bond by receiver Where pursuant to section 187 of the Act any person other than the Public Trustee or the Maori Trustee or a trustee company within the meaning of the Trustee Companies Act 1967 is ap­ pointed to be a receiver of any property to which the respond­ ent is entitled, he or she shall, before acting as receiver, give security to the satisfaction of the Registrar for the due admin­ istration of the receivership.
Compare: SR 1981/261, r 75 59 Witness entitled to expenses Every witness attending a Court upon a witness summons, and every other person giving evidence in the course of the proceedings, shall be entitled as against the party calling him or her to a sum for fees, allowances, and travelling 30 Reprinted as at 10 September 2008 Child Support Rules 1992 Schedule 1 expenses in accordance with the Witnesses and Interpreters Fees Regulations 1974: Provided that the Court may, on application, disallow the whole or any part of that sum.
Compare: SR 1981/261, r 77 Schedule 1 Forms CS 1 CS 2 CS 3 CS 4 CS 5 CS 6 CS 7 CS 8 CS 9 General heading to proceedings Information sheet to accompany certain applications (including certain ex parte applications) Application for declaration that another person is a step­parent of a child Application for declaration that applicant is a step­parent of a child Notice of appeal against commissioner’s decision to accept application for formula assessment of child support Order upholding or disallowing appeal made under section 100 Notice of appeal against Commissioner’s decision to refuse to accept application for formula assessment of child support Order upholding or disallowing appeal made under section 101 Notice of appeal against other administrative decisions of Commissioner CS 10 Order upholding or disallowing appeal made under section 102 CS 11 Notice of appeal against assessment 31 Schedule 1 Child Support Rules 1992 Reprinted as at 10 September 2008 CS 12 CS 13 Order upholding or disallowing appeal against assessment Application for departure from formula assessment in special circumstances CS 14 Order for departure from formula assessment CS 15 CS 16 CS 17 Application for order for provision of child support in form of lump sum Order for provision of child support in form of lump sum Application for order to discharge (or suspend or revive or vary) an order made under section 106 or section 109 of this act CS 18 Order to discharge (or suspend or revive or vary) an order made under section 106 or section 109 of the act CS 19 Application for order to set aside a voluntary agreement CS 20 Order to set aside voluntary agreement CS 21 Application for urgent maintenance order CS 22 Urgent maintenance order CS 23 Application for suspension order CS 24 Suspension order CS 25 General application on notice CS 26 Notice of application to respondent CS 27 Notice of application to respondent residing outside New Zealand CS 28 Ex parte application CS 29 Notice of defence CS 30 Notice of intervention 32 Reprinted as at 10
 September 2008 Child Support Rules 1992 Schedule 1 CS 31 Application for ﬁxture CS 32 Order for substituted service CS 33 Notice by advertisement CS 34 Afﬁdavit of advertising CS 35 Order for discovery of documents CS 36 Afﬁdavit of documents CS 37 Declaration of ﬁnancial means and their sources CS 38 Request for issue of warrant of distress CS 39 Warrant of distress CS 40 Charging order CS 41 Receiving order CS 42 Summons to attend examination as to means and default CS 43 Warrant to arrest respondent for examination as to means and default CS 44 Summons to witness to attend examination CS 45 Warrant to arrest for attendance at examination of respondent CS 46 Warrant to arrest respondent for attendance at contempt proceedings CS 47 Ex parte application for issue of warrant for arrest of respondent CS 48 Warrant for arrest of absconding respondent 33 Schedule 1 Child Support Rules 1992 Reprinted as at 10 September 2008 Form CS 1 General heading to proceedings Rules 11(2), 12(3)(c) Form CS 2 Rules 12(3)(b), 14(1), 15(1)(b), 15(2)(c) Information sheet to accompany certain applications (including certain ex parte application) 34 Reprinted as at 10 September 2008 Child Support Rules 1992 Schedule 1 Form CS 2—continued 35 Schedule 1 Child Support Rules 1992 Reprinted as at 10 September 2008 Form CS 3 Application for declaration that another person is a step­parent of a child 36 Reprinted as at 10 September 2008 Child Support Rules 1992 Schedule 1 Form CS 4 Application for declaration that applicant is a step­parent of a child 37 Schedule 1 Child Support Rules 1992 Reprinted as at 10 September 2008 Form CS 5 Notice of appeal against Commissioner’s decision to accept application for formula assessment of child support 38 Reprinted as at 10 September 2008 Child Support Rules 1992 Schedule 1 Form CS 5—continued Form CS 6 Order upholding or disallowing appeal made under section 100 39 Schedule 1 Child Support Rules 1992 Reprinted as at 10 September 2008 Form CS 7 Notice of
 appeal against Commissioner’s decision to refuse to accept application for formula assessment of child support 40 Reprinted as at 10 September 2008 Child Support Rules 1992 Schedule 1 Form CS 7—continued Form CS 8 Order upholding or disallowing appeal made under section 101 41 Schedule 1 Child Support Rules 1992 Reprinted as at 10 September 2008 Form CS 9 Notice of appeal against other administrative decisions of Commissioner 42 Reprinted as at 10 September 2008 Child Support Rules 1992 Schedule 1 Form CS 10 Order upholding or disallowing appeal made under section 102 43 Schedule 1 Child Support Rules 1992 Reprinted as at 10 September 2008 Form CS 11 Notice of appeal against assessment 44 Reprinted as at 10 September 2008 Child Support Rules 1992 Schedule 1 Form CS 12 Order upholding or disallowing appeal against assessment 45 Schedule 1 Child Support Rules 1992 Reprinted as at 10 September 2008 Form CS 13 Application for departure from formula assessment in special circumstances 46 Reprinted as at 10 September 2008 Child Support Rules 1992 Schedule 1 Form CS 14 Order for departure from formula assessment 47 Schedule 1 Child Support Rules 1992 Reprinted as at 10 September 2008 Form CS 15 Application for order for provision of child support in form of lump sum 48 Reprinted as at 10 September 2008 Child Support Rules 1992 Schedule 1 Form CS 15—continued 49 Schedule 1 Child Support Rules 1992 Reprinted as at 10 September 2008 Form CS 16 Order for provision of child support in form of lump sum Form CS 17 Application for order to discharge (or suspend or revive or vary) an order made under section 106 or section 109 of the Act 50 Reprinted as at 10 September 2008 Child Support Rules 1992 Schedule 1 Form CS 17—continued 51 Schedule 1 Child Support Rules 1992 Reprinted as at 10 September 2008 Form CS 18 Order to discharge (or suspend or revive or vary) an order made under section 106 or section 109 of the Act 52 Reprinted as at 10 September 2008 Child Support Rules 1992
 Schedule 1 Form CS 19 Application for order to set aside a voluntary agreement 53 Schedule 1 Child Support Rules 1992 Reprinted as at 10 September 2008 Form CS 20 Order to set aside voluntary agreement 54 Reprinted as at 10 September 2008 Child Support Rules 1992 Schedule 1 Form CS 21 Application for urgent maintenance order 55 Schedule 1 Child Support Rules 1992 Reprinted as at 10 September 2008 Form CS 22 Urgent maintenance order 56 Reprinted as at 10 September 2008 Child Support Rules 1992 Schedule 1 Form CS 23 Application for suspension order 57 Schedule 1 Child Support Rules 1992 Reprinted as at 10 September 2008 Form CS 24 Suspension order 58 Reprinted as at 10 September 2008 Child Support Rules 1992 Schedule 1 Form CS 25 General application on notice 59 Schedule 1 Child Support Rules 1992 Reprinted as at 10 September 2008 Form CS 26 Notice of application to respondent Rules 15(2)(d), 45(1)(a) 60 Reprinted as at 10 September 2008 Child Support Rules 1992 Schedule 1 Form CS 26—continued 61 Schedule 1 Child Support Rules 1992 Reprinted as at 10 September 2008 Form CS 27 Notice of application to respondent residing outside New Zealand Rules 15(2)(d) 62 Reprinted as at 10 September 2008 Child Support Rules 1992 Schedule 1 Form CS 27—continued 63 Schedule 1 Child Support Rules 1992 Form CS 28 Ex parte application Reprinted as at 10 September 2008 Rules 16(4), 46(1)(b) 64 Reprinted as at 10 September 2008 Child Support Rules 1992 Schedule 1 Form CS 29 Notice of defence Rule 22 65 Schedule 1 Child Support Rules 1992 Form CS 30 Notice of intervention Reprinted as at 10 September 2008 Rule 44 66 Reprinted as at 10 September 2008 Child Support Rules 1992 Schedule 1 Form CS 31 Application for ﬁxture Rule 25(2) 67 Schedule 1 Child Support Rules 1992 Form CS 32 Order for substituted service Reprinted as at 10 September 2008 Rule 33(1) Form CS 33 Notice by advertisement Rule 33(3) 68 Reprinted as at 10 September 2008 Child Support Rules 1992 Schedule 1 Form CS 34 Afﬁdavit
 of advertising Rule 33(3) 69 Schedule 1 Child Support Rules 1992 Reprinted as at 10 September 2008 Form CS 35 Order for discovery of documents Rule 39(2) 70 Reprinted as at 10 September 2008 Child Support Rules 1992 Schedule 1 Form CS 36 Afﬁdavit of documents Rule 39(3)(a) 71 Schedule 1 Child Support Rules 1992 Reprinted as at 10 September 2008 Form CS 37 Declaration of ﬁnancial means and their sources Rule 19(1), 38(2)(a) 72 Reprinted as at 10 September 2008 Child Support Rules 1992 Schedule 1 Form CS 37—continued 73 Schedule 1 Child Support Rules 1992 Reprinted as at 10 September 2008 Form CS 37—continued Form CS 38 Request for issue of warrant of distress 74 Reprinted as at 10 September 2008 Child Support Rules 1992 Schedule 1 Form CS 39 Warrant of distress 75 Schedule 1 Child Support Rules 1992 Reprinted as at 10 September 2008 Form CS 39—continued 76 Reprinted as at 10 September 2008 Child Support Rules 1992 Schedule 1 Form CS 40 Charging order 77 Schedule 1 Child Support Rules 1992 Reprinted as at 10 September 2008 Form CS 41 Receiving order 78 Reprinted as at 10 September 2008 Child Support Rules 1992 Schedule 1 Form CS 41—continued 79 Schedule 1 Child Support Rules 1992 Reprinted as at 10 September 2008 Form CS 42 Summons to attend examination as to means and default 80 Reprinted as at 10 September 2008 Child Support Rules 1992 Schedule 1 Form CS 43 Warrant to arrest respondent for examination as to means and default 81 Schedule 1 Child Support Rules 1992 Reprinted as at 10 September 2008 Form CS 44 Summons to witness to attend examination 82 Reprinted as at 10 September 2008 Child Support Rules 1992 Schedule 1 Form CS 45 Warrant to arrest witness for attendance at examination of respondent 83 Schedule 1 Child Support Rules 1992 Reprinted as at 10 September 2008 Form CS 46 Warrent to arrest respondent for attendance at contempt proceedings 84 Reprinted as at 10 September 2008 Child Support Rules 1992 Schedule 1 Form CS 47 Ex parte application for issue of
 warrant for arrest of respondent 85 Schedule 2 Child Support Rules 1992 Reprinted as at 10 September 2008 Form CS 48 Warrant for arrest of absconding respondent Schedule 2 Provisions of the District Court rules which do not apply to proceedings under the Act Rule 5(4) Rules 9A, 26, 30, 32, 48 to 58 (in respect of infants as parties to proceedings under the Act), 75, 83, 84, 85(1), (4), 87, 89, 90, 94, 95, 96, 143, 147, 155, 161, 164, 165, 167, 174, 175, 176, 177, 178, 179, 86 Reprinted as at 10 September 2008 Child Support Rules 1992 180, 190, 212, 213, 236A to 236I, 246, 264 to 278A, 313, 314, 316, 319, and 335.
MARIE SHROFF Clerk of the Executive Council.

Explanatory note This note is not part of the rules, but is intended to indicate their general effect.

These rules, which come into force on 2 April 1992, prescribe the procedure to be followed in respect of proceedings under the Child Support Act 1991.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notiﬁcation in Gazette: 26 March 1992.


87 Notes Child Support Rules 1992 Reprinted as at 10 September 2008 Contents 1 2 3 General About this eprint List of amendments incorporated in this eprint (most recent ﬁrst) General This is an eprint of the Child Support Rules 1992.

It incorp­ orates all the amendments to the Child Support Rules 1992 as at 10 September 2008.

The list of amendments at the end of these notes speciﬁes all the amendments incorporated into this eprint since 3 September 2007.
Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

About this eprint This eprint has not been ofﬁcialised.

For more information about ofﬁcialisation, please see “Making online legislation of­ ﬁcial” under “Status of legislation on this site” in the About section of this website.
List of amendments incorporated in this eprint (most recent ﬁrst) Disability (United Nations Convention on the Rights of Persons with Disabil­ ities) Act 2008 (2008 No 64): section 24(2) Notes 1 2 3 88