Family Proceedings Act 1980

1: Short Title and commencement
1: This Act may be cited as the Family Proceedings Act 1980.
2: Except as provided in subsection (3) and in section 190(3)
3: Sections 144 to 146 149
4: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 1(3): brought into force 1 March 1986 clause 2 Family Proceedings Act (United Nations Convention) Commencement Order 1986 Section 1(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2: Interpretation
In this Act, unless the context otherwise requires,— affiliation order blood sample
a: a fingerprick sample (that is, a sample of capillary blood taken from the tip of a finger or thumb); or
b: a venous sample (that is, a sample of venous blood); or
c: any other sample of blood buccal sample certified copy child of the de facto relationship child of the marriage
a: in relation to a marriage (other than a void marriage)—
i: means a child of both spouses together; and
ii: includes, in relation to any proceedings under this Act, a child (whether or not a child of either spouse) who was a member of the family of the spouses at the time when they ceased to live together or at the time immediately preceding the institution of the proceedings, whichever first occurred; and
b: in relation to a void marriage—
i: means a child of the parties to the void marriage; and
ii: includes, in relation to any proceedings under this Act, a child (whether or not a child of either party to the void marriage) who was a member of the family of the parties to the void marriage at the time when those parties ceased to live together or at the time immediately preceding the institution of the proceedings, whichever first occurred Commonwealth country
a: the Republic of Ireland; and
b: a territory for whose international relations the Government of a country that is a member of the Commonwealth is responsible; and
c: the Cook Islands; and
d: Niue; and
e: Tokelau Convention country
a: means a country that is a party to the United Nations Convention for the Recovery of Maintenance Abroad done at New York on 20 June 1956; but
b: does not include Australia country court Part 8 deduction notice section 110 designated country section 135 DNA profile person A
a: that is clearly identifiable as relating to person A; and
b: that is able to be compared with information obtained from an analysis (using the same technique) of another sample of genetic material obtained from another person ( person B domestic benefit
a: sole parent support granted under the Social Security Act 2018
b: jobseeker support granted under the Social Security Act 2018
c: an emergency benefit granted under that Act, and that corresponds to a benefit in paragraph (a) or (b) Family Court section 4 Family Court Judge section 5 Family Court Act 1980 interim order section 82 maintenance
a: in respect of a child, provision for the child's education and training to the extent of the child's ability and talents; and
b: in respect of a deceased person, the cost of the deceased person's funeral maintenance agreement
a: a written agreement made between spouses or civil union partners
b: a written agreement made between the parties to a marriage or civil union
c:
d: a written agreement made between any persons who acknowledge themselves to be the parents of a child; and providing for the payment by either parent of a periodical sum of money or lump sum of money or both towards the maintenance of the other parent, where the parties—
i: are not married to , or in a civil union with,
ii: have never been married to , or in a civil union with, , or in a civil union with, or civil union
e: whether or not the document in which an agreement to which paragraph (a) or paragraph (b) or paragraph (d) or civil union the role of providing day-to-day care for a child maintenance order
a: means an order or interim order made under Part 6
i:
ii: in Part 8
iii: in Part 8 section 78(1)﻿(b) or (2)
b: where an order within the meaning of paragraph (a) has been varied, means the order as varied and all orders by which it has been varied marriage
a: is entered into outside New Zealand; and
b: is at any time polygamous,— where the law of the country in which each of the parties is domiciled at the time of the union then permits polygamy parentage tests paternity order section 51 proceedings property report on parentage tests section 54 responsible authority Part 8 Secretary Ministry of Justice separation order Part 3 social worker
a: a social worker employed as such department for the time being responsible for the administration of the Oranga Tamariki Act 1989
b: a community officer appointed under section 4
c: an honorary community officer appointed under section 5 1963 No 71 s 2; 1968 No 62 ss 2, 3, 54, 61, 80, 94; 1971 No 59 s 9(1) Section 2 approved marriage or civil union guidance organisation or counselling organisation repealed 31 March 2014 section 4(a) Family Proceedings Amendment Act (No 2) 2013 Section 2 attachment order repealed 31 March 2014 section 4(b) Family Proceedings Amendment Act (No 2) 2013 Section 2 blood sample inserted 1 July 2005 section 150 Care of Children Act 2004 Section 2 blood tests repealed 1 July 2005 section 150 Care of Children Act 2004 Section 2 buccal sample inserted 1 July 2005 section 150 Care of Children Act 2004 Section 2 charging order repealed 31 March 2014 section 4(c) Family Proceedings Amendment Act (No 2) 2013 Section 2 child of the civil union repealed 31 March 2014 section 4(d) Family Proceedings Amendment Act (No 2) 2013 Section 2 child of the de facto relationship inserted 1 July 2005 section 149 Care of Children Act 2004 Section 2 child of the marriage replaced 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 2 Convention country replaced 1 July 2000 section 37 Child Support Amendment Act 1999 Section 2 counsellor repealed 31 March 2014 section 4(e) Family Proceedings Amendment Act (No 2) 2013 Section 2 DNA profile inserted 1 July 2005 section 150 Care of Children Act 2004 Section 2 domestic benefit replaced 26 November 2018 section 459 Social Security Act 2018 Section 2 employer repealed 31 March 2014 section 4(f) Family Proceedings Amendment Act (No 2) 2013 Section 2 family chattels repealed 31 March 2014 section 4(g) Family Proceedings Amendment Act (No 2) 2013 Section 2 Family Court replaced 1 March 2017 section 261 District Court Act 2016 Section 2 Family Court Judge amended 1 March 2017 section 261 District Court Act 2016 Section 2 family home repealed 31 March 2014 section 4(h) Family Proceedings Amendment Act (No 2) 2013 Section 2 maintenance agreement amended 1 July 2005 section 151 Care of Children Act 2004 Section 2 maintenance agreement amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 2 maintenance agreement amended 1 July 1992 Family Proceedings Amendment Act 1991 Section 2 maintenance agreement amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 2 maintenance agreement amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 2 maintenance agreement repealed 1 July 1992 Family Proceedings Amendment Act 1991 Section 2 maintenance agreement amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 2 maintenance agreement amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 2 maintenance agreement repealed 1 July 1992 Family Proceedings Amendment Act 1991 Section 2 maintenance order repealed 1 July 1992 Family Proceedings Amendment Act 1991 Section 2 matrimonial home repealed 1 February 2002 section 3 Family Proceedings Amendment Act 2001 Section 2 mediation conference repealed 31 March 2014 section 4(i) Family Proceedings Amendment Act (No 2) 2013 Section 2 parentage tests inserted 1 July 2005 section 150 Care of Children Act 2004 Section 2 registered maintenance agreement repealed 1 July 1992 Family Proceedings Amendment Act 1991 Section 2 report on blood tests repealed 1 July 2005 section 150 Care of Children Act 2004 Section 2 report on parentage tests inserted 1 July 2005 section 150 Care of Children Act 2004 Section 2 salary wages repealed 31 March 2014 section 4(j) Family Proceedings Amendment Act (No 2) 2013 Section 2 Secretary inserted 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995 Section 2 Secretary amended 1 October 2003 section 14(1) State Sector Amendment Act 2003 Section 2 social worker replaced 1 April 1990 section 36(3) Social Welfare (Transitional Provisions) Act 1990 Section 2 social worker amended 7 August 2020 section 135 Public Service Act 2020 Section 2 social worker amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 2 social worker amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
3: Act to bind the Crown
Subject to sections 117 120 1963 No 71 s 86; 1968 No 62 s 4
1: Administration
4: Jurisdiction of courts
Subject to sections 27 29 32 37 48 the District Court, and the Family Court
a: where at the commencement of the proceedings, any party to the proceedings resides or is domiciled in New Zealand:
b: in the case of proceedings relating to a child, where at the commencement of the proceedings—
i: any party to the proceedings resides or is domiciled in New Zealand; or
ii: the child resides in New Zealand. 1968 No 62 s 5 Section 4 amended 1 March 2017 section 261 District Court Act 2016
5: Marriage or civil union guidance or counselling organisations
Section 5 repealed 31 March 2014 section 5 Family Proceedings Amendment Act (No 2) 2013
6: Maintenance officers
Section 6 repealed 1 July 1992 Family Proceedings Amendment Act 1991
7: Functions of maintenance officers
Section 7 repealed 1 July 1992 Family Proceedings Amendment Act 1991
2: Dispute resolution
Part 2 repealed 31 March 2014 section 6 Family Proceedings Amendment Act (No 2) 2013
7A: Definition of marriage
Section 7A repealed 1 July 2005 section 149 Care of Children Act 2004
8: Duty of legal advisers to promote reconciliation and conciliation
Section 8 repealed 31 March 2014 section 6 Family Proceedings Amendment Act (No 2) 2013 Counselling Heading repealed 31 March 2014 section 6 Family Proceedings Amendment Act (No 2) 2013
9: Requests for counselling
Section 9 repealed 31 March 2014 section 6 Family Proceedings Amendment Act (No 2) 2013
10: Counselling where proceedings commenced
Section 10 repealed 31 March 2014 section 6 Family Proceedings Amendment Act (No 2) 2013
11: Reference to counsellor
Section 11 repealed 31 March 2014 section 6 Family Proceedings Amendment Act (No 2) 2013
12: Duty on counsellors
Section 12 repealed 31 March 2014 section 6 Family Proceedings Amendment Act (No 2) 2013
12A: Number of sessions of counselling
Section 12A repealed 31 March 2014 section 6 Family Proceedings Amendment Act (No 2) 2013
12B: Counselling fees and expenses
Section 12B repealed 31 March 2014 section 6 Family Proceedings Amendment Act (No 2) 2013 Mediation conferences Heading repealed 31 March 2014 section 6 Family Proceedings Amendment Act (No 2) 2013
13: Mediation conference
Section 13 repealed 31 March 2014 section 6 Family Proceedings Amendment Act (No 2) 2013
14: Procedure at mediation conference
Section 14 repealed 31 March 2014 section 6 Family Proceedings Amendment Act (No 2) 2013
15: Power of chairperson to make consent orders
Section 15 repealed 31 March 2014 section 6 Family Proceedings Amendment Act (No 2) 2013
16: Proceedings after mediation conference
Section 16 repealed 31 March 2014 section 6 Family Proceedings Amendment Act (No 2) 2013
17: Power to require attendance for counselling or mediation
Section 17 repealed 31 March 2014 section 6 Family Proceedings Amendment Act (No 2) 2013
18: Privilege
Section 18 repealed 31 March 2014 section 6 Family Proceedings Amendment Act (No 2) 2013
19: Duty of courts as to reconciliation and conciliation
Section 19 repealed 31 March 2014 section 6 Family Proceedings Amendment Act (No 2) 2013
19A: Circumstances where joint counselling not to be required
Section 19A repealed 31 March 2014 section 6 Family Proceedings Amendment Act (No 2) 2013
3: Separation
20: Application for separation order
Either party to a marriage or civil union 1968 No 62 s 19(1) Section 20 amended 26 April 2005 section 44(1) Civil Union Act 2004
21: Power of Family Court to make separation order
Every application for a separation order shall be heard and determined in the Family Court 1968 No 62 s 19(1) Section 21 amended 1 March 2017 section 261 District Court Act 2016
22: Grounds for separation order
In proceedings for a separation order, the Family Court or civil union 1968 No 62 s 19(1)﻿(a); 1971 No 59 s 2 Section 22 amended 1 March 2017 section 261 District Court Act 2016 Section 22 amended 26 April 2005 section 44(1) Civil Union Act 2004
23: Effect of separation order
So long as a separation order remains in force, neither party to the marriage or civil union or civil union or civil union 1968 No 62 s 20 Section 23 amended 26 April 2005 section 44(1) Civil Union Act 2004
24: Discharge of separation order on resumption of cohabitation
1: Subject to section 40
a: the married couple , or the civil union partners a married couple or as civil union partners
b: the order is discharged by the court under section 25
2: Without limiting the provisions of paragraph (a) of subsection (1), either spouse , or either civil union partner, the Family Court 1968 No 62 s 21 Section 24(1)﻿(a) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 24(1)﻿(a) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 24(2) amended 1 March 2017 section 261 District Court Act 2016 Section 24(2) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 24(2) amended 26 April 2005 section 44(2) Civil Union Act 2004
25: Discharge of separation order by court
1: Subject to subsection (2), the Family Court
2: The court shall not discharge the order if an application for dissolution of marriage or dissolution of civil union 1968 No 62 s 22 Section 25(1) amended 1 March 2017 section 261 District Court Act 2016 Section 25(2) amended 26 April 2005 section 44(2) Civil Union Act 2004
26: Effect of separation order on property rights
1: If, while a separation order is in force, either spouse or civil union partner
2: Notwithstanding subsection (1),—
a: in any case to which that subsection applies the High Court, on the application of the survivor made within the time specified in the Family Protection Act 1955 spouse or civil union partner
b: the provisions of that Act, as far as they are applicable and with the necessary modifications, shall apply with respect to every application under this subsection. 1968 No 62 s 24(2)–(3) Section 26(1) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 26(2)﻿(a) amended 26 April 2005 section 44(2) Civil Union Act 2004
4: Proceedings relating to the status of marriage
or civil union Part 4 heading amended 26 April 2005 section 44(1) Civil Union Act 2004 Validity of marriage or civil union Heading amended 26 April 2005 section 44(1) Civil Union Act 2004
27: Application for declaration as to validity of marriage
or civil union
1: An application for a declaration whether, according to the law of New Zealand,—
a: a marriage or civil union
b: a marriage or civil union may be made by any person, whether or not that person is a party to the marriage or civil union or civil union
2: An application under this section may be made whether or not any other relief is claimed under this Act. 1963 No 71 s 17(1), (3) Section 27 heading amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 27(1) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 27(1)﻿(a) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 27(1)﻿(b) amended 26 April 2005 section 44(1) Civil Union Act 2004
28: Power of Family Court to make declaration as to validity of marriage
or civil union
1: Subject to subsection (2), every application under section 27 the Family Court
2: The jurisdiction to make a declaration on an application under section 27 the Family Court
3: Section 4 section 27 1963 No 71 s 17(1)–(2) Section 28 heading amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 28(1) amended 1 March 2017 section 261 District Court Act 2016 Section 28(2) amended 1 March 2017 section 261 District Court Act 2016 Void marriages and civil unions Heading amended 26 April 2005 section 44(2) Civil Union Act 2004
29: Application for order declaring marriage
or civil union An application for an order declaring a marriage or civil union ab initio or civil union
a: where the applicant or the respondent is domiciled or resident in New Zealand at the time of the filing of the application; or
b: where the marriage or civil union 1963 No 71 s 6 Section 29 heading amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 29 amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 29(b) amended 26 April 2005 section 44(1) Civil Union Act 2004
30: Power of Family Court to make order declaring marriage
or civil union Every application under section 29 the Family Court 1963 No 71 s 6 Section 30 heading amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 30 amended 1 March 2017 section 261 District Court Act 2016
31: Grounds on which marriage
or civil union
1: A marriage or civil union ab initio or civil union
a: in the case of a marriage or civil union
i: at the time of the solemnisation of the marriage or civil union, either party was already married or in a civil union; or
ia: at the time of the solemnisation of the marriage or civil union, 1 of the parties to the marriage or civil union was under the age of 16 years; or
ib: at the time of the solemnisation of the marriage, 1 of the parties to the marriage was aged 16 or 17 years and the consent of a Family Court Judge required under section 18
ic: at the time of the solemnisation of the civil union, 1 of the parties to the civil union was aged 16 or 17 years and the consent of a Family Court Judge required under section 19
ii: by reason of duress, mistake, or insanity, or for any other reason, there was at the time of the marriage or civil union or civil union
iii: the parties to the marriage are within the prohibited degrees of relationship set out in Schedule 2 section 15(2)
iv: the parties to the civil union are within the prohibited degrees of civil union set out in Schedule 2 section 10
b: in the case of a marriage or civil union or civil union or civil union or civil union ; or
c: in the case of a civil union that is governed by New Zealand law so far as it relates to the formalities of civil union, the parties knowingly and wilfully entered into a civil union without a licence, or in the absence of a Registrar (as defined in section 3
2: Nothing in subsection (1) shall affect the law as to the validity in New Zealand of a marriage or civil union the Family Court or civil union ab initio 1963 No 71 s 7(1)–(2) Section 31 heading amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 31(1) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 31(1)﻿(a) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 31(1)﻿(a)﻿(i) replaced 26 April 2005 section 44(2) Civil Union Act 2004 Section 31(1)﻿(a)﻿(ia) inserted 14 August 2018 section 34(1) Minors (Court Consent to Relationships) Legislation Act 2018 Section 31(1)﻿(a)﻿(ib) inserted 14 August 2018 section 34(1) Minors (Court Consent to Relationships) Legislation Act 2018 Section 31(1)﻿(a)﻿(ic) inserted 14 August 2018 section 34(1) Minors (Court Consent to Relationships) Legislation Act 2018 Section 31(1)﻿(a)﻿(ii) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 31(1)﻿(a)﻿(iv) inserted 26 April 2005 section 44(2) Civil Union Act 2004 Section 31(1)﻿(b) amended 14 August 2018 section 34(2) Minors (Court Consent to Relationships) Legislation Act 2018 Section 31(1)﻿(b) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 31(1)﻿(b) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 31(1)﻿(c) inserted 26 April 2005 section 44(2) Civil Union Act 2004 Section 31(2) amended 1 March 2017 section 261 District Court Act 2016 Section 31(2) amended 26 April 2005 section 44(1) Civil Union Act 2004 Presumption of death
32: Application for declaration of presumption of death
Any married person , or party to a civil union, or civil union or civil union 1963 No 71 s 19(1) Section 32 amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 32 amended 26 April 2005 section 44(2) Civil Union Act 2004
33: Power of Family Court to make declaration of presumption of death
Every application under section 32 the Family Court 1963 No 71 s 19(1)–(2) Section 33 amended 1 March 2017 section 261 District Court Act 2016
34: Grounds for making declaration of presumption of death
In proceedings on an application under section 32 the Family Court or civil union or civil union 1963 No 71 s 19(2) Section 34 amended 1 March 2017 section 261 District Court Act 2016 Section 34 amended 26 April 2005 section 44(1) Civil Union Act 2004
35: Evidence of death
In proceedings on an application under section 32 or civil union 1963 No 71 s 19(3) Section 35 amended 26 April 2005 section 44(1) Civil Union Act 2004
36: Application of other provisions
The rules of law relating to an application for an order dissolving a marriage or civil union or civil union section 32 section 34 1963 No 71 s 19(4) Section 36 amended 26 April 2005 section 44(1) Civil Union Act 2004 Dissolution of marriage or civil union Heading amended 26 April 2005 section 44(1) Civil Union Act 2004
37: Application for dissolution of marriage
or civil union
1: An application for an order dissolving a marriage or civil union
a: by either party to the marriage or civil union
b: jointly by both parties to the marriage or civil union
2: An application under subsection (1) may be made only where, at the time of the filing of the application, at least one party to the marriage or civil union
3: For the purposes of sections 38(2) 42 174(3) or civil union 1963 No 71 ss 18(1), 20 Section 37 heading amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 37(1) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 37(1)﻿(a) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 37(1)﻿(b) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 37(2) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 37(3) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 37(3) amended 1 July 1994 Family Proceedings Amendment Act 1994
38: Power to make order for dissolution
1: Subject to subsection (2), every application for an order dissolving a marriage or civil union the Family Court
2: A Registrar may make an order dissolving a marriage or civil union
a: the proceedings are undefended; and
b: in the case of a joint application, both applicants consent to the order being made in their absence; and
c: in the case of an application other than a joint application, the applicant consents to the order being made in his or her absence and the respondent has not requested an appearance; and
d: the application for the order is accompanied by an affidavit stating—
i: that the ground for the order is established under section 39(2)
ii: that the provisions of section 45(1A)
3: If there is a change of circumstances between the time of the filing of the application for the order and the date on which an order made under subsection (2) takes effect as a final order, either party may seek a hearing at any time before the order takes effect as a final order notwithstanding that the person consented to the order being made in his or her absence or did not request an appearance. Section 38 heading amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 38 replaced 1 July 1994 Family Proceedings Amendment Act 1994 Section 38(1) amended 1 March 2017 section 261 District Court Act 2016 Section 38(1) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 38(2) amended 26 April 2005 section 44(1) Civil Union Act 2004
39: Grounds for dissolution
1: An application for an order dissolving a marriage or civil union or civil union
2: The ground for the order is established in law if, and only if, the court is satisfied that the parties to the marriage or civil union or civil union
3: A separation order or a separation agreement (whether made by deed or other writing or orally) in full force for the period of 2 years immediately preceding the filing of an application for an order dissolving a marriage or civil union
4: Where the ground for the making of the order is established under subsection (2), the court shall, subject to section 45 or civil union Section 39 replaced 11 June 1985 Family Proceedings Amendment Act (No 2) 1985 Section 39 heading amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 39(1) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 39(2) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 39(3) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 39(4) amended 26 April 2005 section 44(1) Civil Union Act 2004
40: Effect of resumption of cohabitation
For the purposes of sections 24 39 or civil union connection 1963 No 71 s 26; 1968 No 60 s 3 Section 40 amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 40 amended 26 April 2005 section 44(2) Civil Union Act 2004
41: Effect of
sexual connection For the purposes of section 39 or civil union connection Section 41 heading amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 41 amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 41 amended 26 April 2005 section 44(2) Civil Union Act 2004
42: Orders dissolving marriage
or civil union
1: An order dissolving a marriage or civil union
a: if made by the Family Court in undefended proceedings, shall take effect as a final order on being made; and
b: if made in defended proceedings, shall, subject to subsections (2) and (3), take effect as a final order at the expiration of 1 month from the date on which it is made; and
c: if made by a Registrar in undefended proceedings, shall, subject to subsection (4), take effect as a final order at the expiration of 1 month from the date on which it is made.
2: Where a party to any defended proceedings for an order dissolving a marriage or civil union section 174 or civil union
a: the order shall not take effect as a final order while the appeal is pending:
b: if, before the expiration of 1 month from the date on which the order was made, the appeal is withdrawn, abandoned, or dismissed or the order is confirmed by the High Court, the order shall take effect as a final order at the expiration of 1 month from the date on which it was made:
c: if, after the expiration of 1 month from the date on which the order was made, the appeal is withdrawn, abandoned, or dismissed or the order is confirmed by the High Court, the order shall take effect as a final order on the withdrawal, abandonment, or dismissal of the appeal or on the confirmation of the order by the High Court, as the case may be:
d: if the order is set aside or quashed by the High Court, the order shall not take effect as a final order.
3: Where an order dissolving a marriage or civil union or civil union
4: Where a party to any undefended proceedings for an order dissolving a marriage or civil union section 38(3)
a: the order shall not take effect as a final order while the hearing is pending:
b: if the order is confirmed by the Family Court, the order shall take effect as a final order on the confirmation of the order by the Family Court:
c: if the order is quashed or set aside by the Family Court, the order shall not take effect as a final order. 1963 No 71 ss 18(5), 33, 34 Section 42 heading amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 42(1) replaced 1 July 1994 Family Proceedings Amendment Act 1994 Section 42(1) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 42(2) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 42(3) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 42(4) inserted 1 July 1994 Family Proceedings Amendment Act 1994 Section 42(4) amended 26 April 2005 section 44(1) Civil Union Act 2004
43: Entering new relationship after dissolution
1: Where an order dissolving a marriage has taken effect as a final order, the parties to the marriage may marry again and may enter into a civil union
2: When an order dissolving a civil union has taken effect as a final order, the parties to the civil union may enter into a civil union again and may, if otherwise eligible, enter into a marriage. 1963 No 71 s 35 Section 43 heading replaced 26 April 2005 section 44(2) Civil Union Act 2004 Section 43(1) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 43(2) inserted 26 April 2005 section 44(2) Civil Union Act 2004 Overseas orders
44: Recognition of overseas orders
1: The validity of a decree or order or legislative enactment for divorce or dissolution or nullity of marriage or civil union
a: one or both of the parties were domiciled in that country at the time of the decree, order, or enactment; or
b: that overseas court or legislature or public authority has exercised jurisdiction—
i: in any case, on the basis of the residence of one or both of the parties to the marriage or civil union
ii: in any case, on the basis that one or both of the parties to the marriage or civil union
iii: in any case, on the basis that the spouse or civil union partner has been deserted by his or her spouse or civil union partner, or that one spouse or civil union partner has been deported and the other spouse or partner was, immediately before the desertion or deportation, domiciled in that country; or
iv: in any case, on the basis that the spouses or civil union partners were legally separated, whether by an order of a competent court or by agreement, and that one of the spouses or partners was, at the date of the order or agreement, domiciled in that country; or
v: in a case of nullity of marriage or civil union or civil union or civil union
c: the decree or order or enactment is recognised as valid in the courts of a country in which at least one of the parties to the marriage or civil union
2: Nothing in this section shall affect the validity of a decree or order or legislative enactment for divorce or dissolution or nullity of marriage or civil union or civil union 1963 No 71 s 82; 1968 No 60 s 12 Section 44(1) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 44(1)﻿(b)﻿(i) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 44(1)﻿(b)﻿(ii) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 44(1)﻿(b)﻿(iii) replaced 26 April 2005 section 44(2) Civil Union Act 2004 Section 44(1)﻿(b)﻿(iv) replaced 26 April 2005 section 44(2) Civil Union Act 2004 Section 44(1)﻿(b)﻿(v) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 44(1)﻿(c) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 44(2) amended 26 April 2005 section 44(1) Civil Union Act 2004
5: Children
Welfare of children
45: Arrangements for welfare of children on dissolution
1: The Family Court or civil union
a: arrangements have been made for the day-to-day care or civil union
b: it is impracticable for the party or parties appearing before the court to make any such arrangement; or
c: there are special circumstances justifying the making of an order dissolving the marriage or civil union
1A: A Registrar shall not make an order dissolving a marriage or civil union day-to-day care or civil union
2: The Family Court or civil union or civil union
3: No order dissolving a marriage or civil union
a: any provision of subsections (1), (1A),
b: any information that is relevant for the purposes of those subsections has not been supplied to the court; or
c: any information that has been supplied is incomplete, incorrect, or misleading; or
d: any undertaking that is given under subsection (2) has not been carried out. 1963 No 71 s 49; 1968 No 60 s 5 Section 45 heading amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 45(1) amended 1 March 2017 section 261 District Court Act 2016 Section 45(1) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 45(1)﻿(a) amended 1 July 2005 section 151 Care of Children Act 2004 Section 45(1)﻿(a) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 45(1)﻿(c) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 45(1A) inserted 1 July 1994 Family Proceedings Amendment Act 1994 Section 45(1A) amended 1 July 2005 section 151 Care of Children Act 2004 Section 45(1A) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 45(2) amended 1 March 2017 section 261 District Court Act 2016 Section 45(2) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 45(3) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 45(3)﻿(a) amended 1 July 1994 Family Proceedings Amendment Act 1994
46: Reports as to children
1: In any proceedings under this Act relating to a child the court may request a social worker to submit to the court a written report on the arrangements that are proposed by the parties to the proceedings, or either of them, for the day-to-day care
2: The social worker shall report accordingly.
3: The Registrar of the court shall give a copy of the report—
a: to every barrister or solicitor appearing for a party to the proceedings; and
b: to any barrister or solicitor representing a child who is involved in the proceedings; and
c: where a party to the proceedings is not represented by a barrister or solicitor, to that party.
4: Any party may tender evidence on any matter referred to in the report.
5: At the request of the court, the social worker shall appear as a witness in respect of any matter referred to in or arising out of the report. 1963 No 71 s 50; 1968 No 62 s 8(1), (3), (4) Section 46(1) amended 1 July 2005 section 151 Care of Children Act 2004 Determination of paternity
47: Applications for paternity orders
1: An application for a paternity order in respect of a child may be made:
a: in any case, by the mother of the child; or
b: where the mother is under the age of 16 years, by any person having custody of , or who has the role of providing day-to-day care for,
c: with the consent in writing of the mother, by a social worker; or
d: where the child has been born, and the mother is dead, or has abandoned the child, or is for any reason unable to make an application herself,—
i: by a parent of the mother; or
ii: by a guardian of the child; or
iii: by a social worker; or
iv: with the leave of the court, by any other person.
2: An application for a paternity order in respect of a child may be made only against a male who—
a: is not married to , or in a civil union with,
b: has never been married to , or in a civil union with, , or in a civil union with, or civil union 1968 No 62 ss 45, 47 Section 47(1)﻿(b) amended 1 July 2005 section 151 Care of Children Act 2004 Section 47(2)﻿(a) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 47(2)﻿(b) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 47(2)﻿(b) amended 26 April 2005 section 44(2) Civil Union Act 2004
48: Jurisdiction to establish paternity
An application for a paternity order in respect of a child (whether it is born, unborn, living, or dead) may be made only where at the time of the filing of the application—
a: the mother of the child resides or is domiciled in New Zealand; or
b: the respondent in the proceedings resides or is domiciled in New Zealand; or
c: the mother is dead and the child resides in New Zealand. 1968 No 62 ss 45, 46
49: Time limit on applications for paternity orders
1: Subject to subsection (2), no application for a paternity order in respect of a child may be made after the expiration of 6 years from the birth of the child.
2: An application for a paternity order in respect of a child may be made after the expiry of the period specified in subsection (1)—
a: where at any time within the 2 years immediately preceding the making of the application, the respondent has—
i: contributed to or made provision for the maintenance of the child; or
ii: lived with the mother as if he were her husband or civil union partner
b: where at any time before the making of the application, the respondent has admitted expressly or by implication that he is the father of the child :
c: where, at any time before 1 July 1992, the respondent has been named as a liable parent for the purposes of sections 27I to 27ZI Child Support Act 1991
3: For the purposes of computing any period specified in this section, no account shall be taken of any period during which the respondent is absent from New Zealand. 1968 No 62 s 48; 1971 No 59 s 8 Section 49(2)﻿(a)﻿(ii) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 49(2)﻿(b) amended 1 July 1992 Family Proceedings Amendment Act 1991 Section 49(2)﻿(c) inserted 1 July 1992 Family Proceedings Amendment Act 1991
50: Power of Family Court to make paternity orders
1: Every application for a paternity order in respect of a child shall be heard and determined in the Family Court
2: Nothing in subsection (1) or in sections 47 48 49 51 52 1968 No 62 ss 46, 47 Section 50(1) amended 1 March 2017 section 261 District Court Act 2016
51: Paternity orders
1: On hearing an application for a paternity order made under section 47
a: must, if it is satisfied that the respondent is the father of the child, make an order declaring that the respondent is the father of the child; and
b: may, if it is satisfied (either on its own initiative or on an application for the purpose by a party to the proceedings) that the respondent is not the father of the child, make an order declaring that the respondent is not the father of the child.
2: For the purposes of proceedings under section 74 1968 No 62 ss 51, 52 Section 51(1) replaced 1 July 2005 section 17 Status of Children Amendment Act 2004
52: Evidence of mother
1: The evidence of the mother of a child shall not be necessary for the making of a paternity order in respect of the child.
2: If the mother of the child gives evidence, no corroboration of her evidence shall be necessary for the making of a paternity order in respect of the child. 1968 No 62 s 49 Section 52(2) replaced 6 November 1986 Family Proceedings Amendment Act 1986
53: False statement in application for paternity order
Every person commits an offence and is liable on section 108 1968 No 62 s 127 Section 53 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Parentage tests in civil proceedings Heading amended 1 July 2005 section 150 Care of Children Act 2004
54: Parentage
1: In any civil proceedings (whether under this Act or not) in which the parentage of a child is in issue,—
a: the court may, of its own motion or on the application of a party to the proceedings, recommend that parentage
i: the child; and
ii: any person who may be a natural parent of the child— and that a report of the results be compiled, by a person who is qualified to compile such a report, and submitted to the court; and
b: whether or not the court has made a recommendation under paragraph (a), the court may, of its own motion or on the application of a party to the proceedings, adjourn the proceedings in order to allow time for such parentage
2: For the purposes of this section,—
a: parentage
b: the consent of a minor who has attained the age of 16 years to submit to parentage 1968 No 62 s 50(1) Section 54 heading amended 1 July 2005 section 150 Care of Children Act 2004 Section 54(1)﻿(a) amended 1 July 2005 section 150 Care of Children Act 2004 Section 54(1)﻿(b) amended 1 July 2005 section 150 Care of Children Act 2004 Section 54(2)﻿(a) amended 1 July 2005 section 150 Care of Children Act 2004 Section 54(2)﻿(b) amended 1 July 2005 section 150 Care of Children Act 2004
55: Contents of report
1: A report on parentage tests
a: shall state the qualifications of the person making the report; and
b: shall include or be accompanied by a statement showing the circumstances in which a blood sample or buccal sample
c: must state the systems used to analyse the blood sample or buccal sample, for example,—
i: any of the following systems for analysing blood samples, namely, ABO, Rh, MNSs, Duffy, Kidd, Kell, Haptoglobins, Gc's, and phosphoglucomutase; or
ii: a system of comparison of DNA profiles for analysing blood samples or buccal samples; and
d:
e: shall state the results of the parentage
f: shall state, in relation to each person to whom the report relates (other than the child), whether the results of the parentage
2: Where parentage parentage
3: Where a report on parentage
4: A written statement so obtained shall be deemed to form part of the report. 1968 No 62 s 50(5), (7) Section 55(1) amended 1 July 2005 section 150 Care of Children Act 2004 Section 55(1)﻿(b) amended 1 July 2005 section 150 Care of Children Act 2004 Section 55(1)﻿(c) replaced 1 July 2005 section 150 Care of Children Act 2004 Section 55(1)﻿(d) repealed 1 July 2005 section 150 Care of Children Act 2004 Section 55(1)﻿(e) amended 1 July 2005 section 150 Care of Children Act 2004 Section 55(1)﻿(f) amended 1 July 2005 section 150 Care of Children Act 2004 Section 55(2) amended 1 July 2005 section 150 Care of Children Act 2004 Section 55(3) amended 1 July 2005 section 150 Care of Children Act 2004
56: Right of examination
Where a report on parentage
a: the person who has compiled the report; and
b: any other person who has done anything necessary for the carrying out of the parentage 1968 No 62 s 50(6) Section 56 amended 1 July 2005 section 150 Care of Children Act 2004 Section 56(b) amended 1 July 2005 section 150 Care of Children Act 2004
57: Refusal of
parentage
1: In any civil proceedings in which the natural parentage of a child is in issue, whether or not the court has recommended under section 54(1) parentage parentage
2: Subject to the right of the person who refuses to consent to the parentage 1968 No 62 s 50(2)–(4) Section 57 heading amended 1 July 2005 section 150 Care of Children Act 2004 Section 57(1) amended 1 July 2005 section 150 Care of Children Act 2004 Section 57(2) amended 1 July 2005 section 150 Care of Children Act 2004
58: Costs of
parentage Where costs are incurred in the taking and testing of blood samples or buccal samples section 54(1) Section 58 heading amended 1 July 2005 section 150 Care of Children Act 2004 Section 58 amended 1 July 2005 section 150 Care of Children Act 2004
59: Offences relating to
parentage Every person commits an offence and is liable on or buccal sample parentage
a: personates any other person; or
b: with intent to deceive, proffers a child that is not the child whose natural parentage is in issue in the proceedings. Section 59 heading amended 1 July 2005 section 150 Care of Children Act 2004 Section 59 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 59 amended 1 July 2005 section 150 Care of Children Act 2004
6: Maintenance of spouses and de facto partners
Part 6 heading replaced 1 February 2002 section 6 Family Proceedings Amendment Act 2001
60: Interpretation
1: In this Part, unless the context otherwise requires, de facto partner de facto relationship section 2
2: In this Part, unless the context otherwise requires, child of the de facto relationship
a: means a child of both de facto partners; and
b: includes, in relation to any proceedings under this Part, a child (whether or not a child of either de facto partner) who was a member of the family of the de facto partners at the time when they ceased to live together or at the time immediately before the institution of the proceedings, whichever occurred first.
3: In this Part,—
a: a reference to a marriage or civil union or civil union
b: a reference to the dissolution of a marriage or civil union or civil union ab initio 1963 No 71 s 48; 1968 No 62 s 35(3) Section 60 replaced 1 February 2002 section 7 Family Proceedings Amendment Act 2001 Section 60(3)﻿(a) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 60(3)﻿(b) amended 26 April 2005 section 44(1) Civil Union Act 2004
61: Application of principles
In proceedings under this Part (other than proceedings under section 79 section 82 sections 62 to 66 Section 61 amended 1 July 1992 Family Proceedings Amendment Act 1991 Section 61 amended 1 July 1992 Family Proceedings Amendment Act 1991
62: Domestic benefit irrelevant
Without limiting or affecting the law relating to any other benefit, the liability to maintain any person under this Act is not extinguished by reason of the fact that the person's reasonable needs are being met by a domestic benefit. Maintenance of spouses and de facto partners Heading replaced 1 February 2002 section 8 Family Proceedings Amendment Act 2001
63: Maintenance during marriage
or civil union
1: During a marriage or civil union
2: The circumstances referred to in subsection (1) are as follows:
a: the ability of the parties to be or to become self-supporting, having regard to—
i: the effects of the division of functions within the marriage or civil union
ii: the likely earning capacity of each party:
iii: any other relevant circumstances:
b: the responsibilities of each party for the ongoing daily care of any minor or dependent children of the marriage or civil union
c: the standard of living of the parties while they are living together or lived together:
d: any physical or mental disability:
e: any inability of a party to obtain work that—
i: it is reasonable in all the circumstances for that party to do; and
ii: is adequate to provide for that party:
f: the undertaking by a party of a reasonable period of education or training designed to increase that party's earning capacity or to reduce or eliminate that party's need for maintenance from the other party, where it would be unfair, in all the circumstances, for the reasonable needs of the party undertaking that education or training to be met immediately by that party—
i: because of the effects of any of the matters set out in paragraphs (a)﻿(i) and (b) on the potential earning capacity of that party; or
ii: because that party has previously maintained or contributed to the maintenance of the other party during a period of education or training.
3: Except as provided in this section, neither party to a marriage or civil union or civil union 1968 No 62 ss 27, 30, 31, 32 Section 63 replaced 1 February 2002 section 8 Family Proceedings Amendment Act 2001 Section 63 heading amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 63(1) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 63(2)﻿(a)﻿(i) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 63(2)﻿(b) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 63(3) amended 26 April 2005 section 44(1) Civil Union Act 2004
64: Maintenance after marriage
or civil union
1: Subject to section 64A or civil union , civil union partner, , civil union partner, , civil union partner, , civil union partner,
2: The circumstances referred to in subsection (1) are as follows:
a: the ability of the spouses , civil union partners,
i: the effects of the division of functions within the marriage or civil union , civil union partners,
ii: the likely earning capacity of each spouse , civil union partner,
iii: any other relevant circumstances:
b: the responsibilities of each spouse , civil union partner, or civil union or civil union
c: the standard of living of the spouses , civil union partners,
d: the undertaking by a spouse , civil union partner, , civil union partner, , civil union partner, , civil union partner, , civil union partner, , civil union partner,
i: because of the effects of any of the matters set out in paragraphs (a)﻿(i) and (b) on the potential earning capacity of that spouse , civil union partner,
ii: because that spouse , civil union partner, , civil union partner,
3: For the purposes of subsection (2)﻿(a)﻿(i), if the marriage or civil union spouses or civil union partners or civil union
4: Except as provided in this section and section 64A
a: neither party to a marriage or civil union or civil union
b: neither party to a de facto relationship is liable to maintain the other de facto partner after the de facto partners cease to live together. 1963 No 71 ss 43, 44 Section 64 replaced 1 February 2002 section 8 Family Proceedings Amendment Act 2001 Section 64 heading amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 64(1) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 64(1) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 64(2)﻿(a) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 64(2)﻿(a)﻿(i) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 64(2)﻿(a)﻿(i) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 64(2)﻿(a)﻿(ii) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 64(2)﻿(b) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 64(2)﻿(b) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 64(2)﻿(c) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 64(2)﻿(d) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 64(2)﻿(d)﻿(i) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 64(2)﻿(d)﻿(ii) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 64(3) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 64(3) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 64(4)﻿(a) amended 26 April 2005 section 44(1) Civil Union Act 2004
64A: Spouses
, civil union partners,
1: If a marriage or civil union
a: each spouse , civil union partner,
b: on the expiry of that period of time, neither spouse , civil union partner, section 64
2: Regardless of subsection (1), if a marriage or civil union , civil union partner, party A , civil union partner, party B section 64
a: it is unreasonable to require party B to do without maintenance from party A; and
b: it is reasonable to require party A to provide maintenance to party B.
3: The matters referred to in subsection (2) are as follows:
a: the ages of the spouses , civil union partners,
b: the duration of the marriage or civil union
c: the ability of the spouses , civil union partners,
i: the effects of the division of functions within the marriage or civil union , civil union partners,
ii: the likely earning capacity of each spouse , civil union partner,
iii: the responsibilities of each spouse , civil union partner, or civil union or civil union
iv: any other relevant circumstances.
4: If the marriage or civil union the spouses or partners
a: for the purposes of subsection (3)﻿(b), the de facto relationship must be treated as if it were part of the marriage or civil union
b: for the purposes of subsection (3)﻿(c)﻿(i), the effects of the division of functions within the marriage or civil union Section 64A inserted 1 February 2002 section 8 Family Proceedings Amendment Act 2001 Section 64A heading amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 64A(1) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 64A(1)﻿(a) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 64A(1)﻿(b) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 64A(2) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 64A(2) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 64A(3)﻿(a) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 64A(3)﻿(b) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 64A(3)﻿(c) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 64A(3)﻿(c)﻿(i) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 64A(3)﻿(c)﻿(i) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 64A(2)﻿(c)﻿(ii) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 64A(3)﻿(c)﻿(iii) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 64A(3)﻿(c)﻿(iii) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 64A(4) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 64A(4) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 64A(4)﻿(a) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 64A(4)﻿(b) amended 26 April 2005 section 44(1) Civil Union Act 2004
65: Assessment of maintenance payable to spouse
, civil union partner,
1: This section sets out the matters that a court must have regard to in determining the amount payable,—
a: in the case of a marriage or civil union or civil union partner or civil union partner or civil union
b: in the case of a de facto relationship, by one de facto partner for the maintenance of the other de facto partner after the de facto partners cease to live together.
2: The matters that the court must have regard to are as follows:
a: the means of each spouse , civil union partner,
i: potential earning capacity:
ii: means derived from any division of property between the spouses or de facto partners under the Property (Relationships) Act 1976
b: the reasonable needs of each spouse , civil union partner,
c: the fact that the spouse , civil union partner,
d: the financial and other responsibilities of each spouse , civil union partner,
e: any other circumstances that make one spouse , civil union partner,
3: In considering the potential earning capacity of each spouse , civil union partner, or civil union , civil union partners,
4: For the purposes of subsection (3), where the marriage or civil union spouses or civil union partners or civil union
5: In considering the reasonable needs of each spouse , civil union partner, , civil union partners, 1963 No 71 ss 43, 44; 1968 No 62 ss 27, 30, 31, 32 Section 65 replaced 1 February 2002 section 8 Family Proceedings Amendment Act 2001 Section 65 heading amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 65(1)﻿(a) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 65(1)﻿(a) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 65(2)﻿(a) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 65(2)﻿(b) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 65(2)﻿(c) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 65(2)﻿(d) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 65(2)﻿(e) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 65(3) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 65(3) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 65(4) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 65(4) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 65(5) amended 26 April 2005 section 44(2) Civil Union Act 2004
66: Relevance of conduct to maintenance of spouses
, civil union partners,
1: The court may have regard to the matters set out in subsection (2) in considering,—
a: in the case of a marriage or civil union or civil union partner or civil union partner or civil union
b: in the case of a de facto relationship, the liability of one de facto partner to maintain the other de facto partner, and the amount of the maintenance, after the de facto partners cease to live together.
2: The matters referred to in subsection (1) are as follows:
a: conduct of the spouse , civil union partner,
b: misconduct of the spouse , civil union partner, , civil union partner, 1968 No 62 s 28 Section 66 replaced 1 February 2002 section 8 Family Proceedings Amendment Act 2001 Section 66 heading amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 66(1)﻿(a) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 66(1)﻿(a) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 66(2)﻿(a) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 66(2)﻿(b) amended 26 April 2005 section 44(2) Civil Union Act 2004
67: Application by
either spouse or civil union partner or civil union Either party to a marriage or civil union or civil union 1968 No 62 ss 25(1), 31(1) Section 67 heading amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 67 heading amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 67 amended 26 April 2005 section 44(1) Civil Union Act 2004
68: Power of Family Court to make maintenance order in favour of
either spouse or civil union partner Every application under section 67 the Family Court Section 68 heading amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 68 amended 1 March 2017 section 261 District Court Act 2016
69: Maintenance order in favour of
either spouse or civil union partner
1: On hearing an application under section 67 the Family Court section 61
a: an order directing the respondent to pay, for such period as the court thinks fit (but not exceeding the joint lives of the parties), such periodical sum towards the future maintenance of the applicant as the court thinks fit:
b: an order directing the respondent to pay such lump sum towards the future maintenance of the applicant as the court thinks fit:
c: an order directing the respondent to pay such lump sum towards the past maintenance of the applicant as the court thinks fit.
2: An order under paragraph (b) or paragraph (c) of subsection (1) for the payment of a lump sum may provide that the sum shall be payable—
a: at a future date specified in the order; or
b: by instalments specified in the order; or
c: on such terms and conditions as the court specifies in the order.
3: Subject to any agreement by the parties to the contrary, an order made under subsection (1)﻿(a) or (b), and every order made under section 99 or enters into a civil union 1963 No 71 s 40(2); 1968 No 62 ss 26, 31(1), (2) Section 69 heading amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 69(1) amended 1 March 2017 section 261 District Court Act 2016 Section 69(3) amended 26 April 2005 section 44(2) Civil Union Act 2004
70: Order for maintenance after marriage
or civil union
1: The Family Court
a: on or at any time after the making of an order dissolving a marriage or civil union
b: at any time after a de facto relationship ends.
2: The court may do the following under this section:
a: order either party to the proceedings, or the personal representative of either party, to pay to the other party for such term as the court thinks fit (but not exceeding the life of the other party) such periodical sum towards the maintenance of the other party as the court thinks fit:
b: make any other order referred to in section 69(1)
3: Section 69(2)
4: In this section, a reference to an order dissolving a marriage or civil union section 44
5: This section is subject to sections 61 70A 70B 71 1963 No 71 s 40 Section 70 replaced 1 February 2002 section 9 Family Proceedings Amendment Act 2001 Section 70 heading amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 70(1) amended 1 March 2017 section 261 District Court Act 2016 Section 70(1)﻿(a) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 70(4) amended 26 April 2005 section 44(1) Civil Union Act 2004
70A: Effect of entering into new marriage
or civil union
1: The court may not make an order in proceedings under section 70
a: in favour of a party who is seeking maintenance from a spouse or civil union partner , or with whom they were in a civil union, or entered into a civil union with
b: in favour of a party who is seeking maintenance from a de facto partner with whom they were living in a de facto relationship, if that party has entered into a de facto relationship with someone else, or has married or entered into a civil union with
2: The orders specified in subsection (3) cease to have effect if,—
a: in the case of an order made in favour of a party against a spouse or civil union partner , or with whom they were in a civil union or entered into a civil union with
b: in the case of an order made in favour of a party against a de facto partner with whom they were living in a de facto relationship, that party has entered into a de facto relationship with someone else, or has married or entered into a civil union with
3: The orders referred to in subsection (2) are as follows:
a: an order made under section 70 section 69(1)﻿(c)
b: any order made under section 99
4: Subsection (2) is subject to any agreement by the parties to the contrary. 1963 No 71 s 40 Section 70A inserted 1 February 2002 section 9 Family Proceedings Amendment Act 2001 Section 70A heading amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 70A(1)﻿(a) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 70A(1)﻿(b) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 70A(2)﻿(a) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 70A(2)﻿(b) amended 26 April 2005 section 44(2) Civil Union Act 2004
70B: Restriction on maintenance orders in favour of de facto partners
1: This section applies to a de facto relationship that is a relationship of short duration as defined in section 2
2: If this section applies to a de facto relationship, the court cannot make an order under section 70
a: the court is satisfied—
i: that there is a child of the de facto relationship; or
ii: that the de facto partner seeking the order has made a substantial contribution to the de facto relationship; and
b: the court is satisfied that failure to make the order would result in serious injustice to that de facto partner.
3: In subsection (2)﻿(a)﻿(ii), contribution section 2 Section 70B inserted 1 February 2002 section 9 Family Proceedings Amendment Act 2001
71: Time limit for applying for order against estate of deceased party
1: No order under section 70
2: Subject to subsection (3), the Family Court
3: No extension shall be granted under subsection (2) unless the application for an extension is made before the final distribution of the estate.
4: Where the estate has been distributed before the personal representative receives notice that any application has been made to the Family Court section 48(1)
a: the distribution shall not be disturbed by reason of the making of the application or any order in respect of the application; and
b: no action shall lie against the personal representative for having made the distribution. 1963 No 71 s 42 Section 71(2) amended 1 March 2017 section 261 District Court Act 2016 Section 71(4) amended 1 March 2017 section 261 District Court Act 2016 Maintenance of children Heading repealed 1 July 1992 Family Proceedings Amendment Act 1991
72: Maintenance of children
Section 72 repealed 1 July 1992 Family Proceedings Amendment Act 1991
73: Limitations on liability as father
Section 73 repealed 1 July 1992 Family Proceedings Amendment Act 1991
74: Applications for maintenance orders in respect of children
Section 74 repealed 1 July 1992 Family Proceedings Amendment Act 1991
75: Power of Family Court to make maintenance orders in respect of children
Section 75 repealed 1 July 1992 Family Proceedings Amendment Act 1991
76: Maintenance orders in respect of children
Section 76 repealed 1 July 1992 Family Proceedings Amendment Act 1991
77: Contributions by other parent
Section 77 repealed 1 July 1992 Family Proceedings Amendment Act 1991 Other orders related to maintenance of children
78: Related orders
1: On or at any time after making a paternity order in respect of a child that has already been born, the Family Court
2: Subject to subsection (4) the Family Court
3: An order may be made under subsection (2)—
a: instead of or in addition to any maintenance order in respect of the child made pursuant to an application under section 74
b: whether or not the child has already been born; and
c: where the child has already been born, whether or not the child is living.
4: No application may be made under subsection (2) after the expiration of 12 months—
a: from the birth of the child; or
b: where the mother has miscarried, from the date of the miscarriage.
5: Notwithstanding that a paternity order has not been made by the Family Court
a: is not married to , or in a civil union with,
b: has never been married to , or in a civil union with, , or in a civil union with, or civil union
6: On hearing an application under subsection (5), the Family Court any of paragraphs (a), (d), (e), or (i) of section 7(1) 1968 No 62 s 53(1), (2), (3), (5) Section 78(1) replaced 1 July 1992 Family Proceedings Amendment Act 1991 Section 78(1) amended 1 March 2017 section 261 District Court Act 2016 Section 78(2) amended 1 March 2017 section 261 District Court Act 2016 Section 78(5) amended 1 March 2017 section 261 District Court Act 2016 Section 78(5)﻿(a) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 78(5)﻿(b) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 78(5)﻿(b) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 78(6) amended 1 March 2017 section 261 District Court Act 2016 Section 78(6) amended 1 July 1992 Family Proceedings Amendment Act 1991
79: Application for maintenance order
against natural parent Where—
a: the natural parents of a child are not married to , or in a civil union with,
b: the natural father of the child is a person who is a parent from whom the payment of child support may be sought in respect of the child under section 6
c: either natural parent has or has had the role of providing day-to-day care for the natural parent who has or has had the role of providing day-to-day care of the child may 1968 No 62 s 53(2)﻿(b), (4), (5); 1975 No 70 s 2 Section 79 heading amended 1 February 2002 section 10 Family Proceedings Amendment Act 2001 Section 79 amended 1 July 2005 section 151 Care of Children Act 2004 Section 79(a) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 79(b) replaced 1 July 1992 Family Proceedings Amendment Act 1991 Section 79(c) amended 1 July 2005 section 151 Care of Children Act 2004
80: Power of Family Court to make maintenance orders
against natural parent Every application under section 79 the Family Court 1968 No 62 s 53(2)﻿(b); 1975 No 70 s 2 Section 80 heading amended 1 February 2002 section 11 Family Proceedings Amendment Act 2001 Section 80 amended 1 March 2017 section 261 District Court Act 2016
81: Maintenance order
against natural parent
1: On hearing an application under section 79
a: it is desirable, in the interests of providing, or of reimbursing the applicant for having provided, adequate care for the child, to make a maintenance order; and
b: it is reasonable to make a maintenance order, having regard to—
i: the means, including the potential earning capacity, of each parent; and
ii: the reasonable needs of each parent; and
iii: the fact that the respondent is supporting any other person; and
iv: the financial and other responsibilities of each parent— make an order directing the respondent to pay to the applicant, for such period as the court thinks fit, such periodical or lump sum towards the future maintenance of the applicant as the court thinks fit, or such lump sum towards the past maintenance of the applicant as the court thinks fit.
2: An order made under this section may be made subject to such other conditions as to payment as the court thinks fit.
3: Unless an order under this section expires earlier, the order ceases to have effect if the person in whose favour it is made subsequently marries or enters into a civil union or a 1968 No 62 s 53(2)﻿(b), (4), (5); 1975 No 70 s 2 Section 81 heading amended 1 February 2002 section 12(2) Family Proceedings Amendment Act 2001 Section 81(3) replaced 1 February 2002 section 12(1) Family Proceedings Amendment Act 2001 Section 81(3) amended 26 April 2005 section 44(2) Civil Union Act 2004 Interim maintenance
82: Interim maintenance
1: Where an application for a maintenance order or for the variation, extension, suspension, or discharge of a maintenance order has been filed, any District Court Judge may make an order directing the respondent to pay such periodical sum as the District Court Judge thinks reasonable towards the future maintenance of the respondent's spouse, civil union partner, or de facto partner
2:
3:
4: No order made under this section shall continue in force for more than 6 months after the date on which it is made.
5: An order made under this section may be varied, suspended, discharged, or enforced in the same manner as if it were a final order of the Family Court 1968 No 62 s 77; 1976 No 87 s 2; 1978 No 91 s 2 Section 82(1) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 82(1) amended 1 February 2002 section 13 Family Proceedings Amendment Act 2001 Section 82(1) amended 1 July 1992 Family Proceedings Amendment Act 1991 Section 82(2) repealed 12 December 1983 Family Proceedings Amendment Act 1983 Section 82(3) repealed 12 December 1983 Family Proceedings Amendment Act 1983 Section 82(5) amended 1 March 2017 section 261 District Court Act 2016 Registration of maintenance agreements Heading repealed 1 July 1992 Family Proceedings Amendment Act 1991
83: Registration of maintenance agreements
Section 83 repealed 1 July 1992 Family Proceedings Amendment Act 1991
84: Effect of registration
Section 84 repealed 1 July 1992 Family Proceedings Amendment Act 1991
85: Maintenance agreements to bind parties
Section 85 repealed 1 July 1992 Family Proceedings Amendment Act 1991
86: Registered agreement to operate as bar to order
Section 86 repealed 1 July 1992 Family Proceedings Amendment Act 1991
87: Enforcement of agreement in respect of child over 16
Section 87 repealed 1 July 1992 Family Proceedings Amendment Act 1991
88: Enforcement against estate of deceased person
Section 88 repealed 1 July 1992 Family Proceedings Amendment Act 1991
89: Recovery of arrears on cessation of agreement
Section 89 repealed 1 July 1992 Family Proceedings Amendment Act 1991
90: Setting aside and cancelling of registration
Section 90 repealed 1 July 1992 Family Proceedings Amendment Act 1991 Miscellaneous provisions as to maintenance
91: Reports as to maintenance
1: In any proceedings under this Act relating to maintenance, the court may request any officer of the department for the time being responsible for the administration of the Social Security Act 2018
2: The officer shall report accordingly.
3: The Registrar of the court shall give a copy of the report to every barrister or solicitor appearing for a party in the proceedings or, in the case of a party who is not represented by a barrister or solicitor, to the party.
4: Any party may tender evidence on any matter referred to in the report.
5: At the request of the court, the officer making the report shall appear as a witness in respect of any matter referred to in or arising out of the report. 1968 No 62 s 8(2)–(4) Section 91(1) amended 26 November 2018 section 459 Social Security Act 2018 Section 91(1) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998
92: Discretion of court as to orders
Where an application is made to a court for an order under this Part, the court may make any other order under this Part that it could have made if an application for that other order had been made at the time when the first-mentioned application was made. 1963 No 71 s 78
93: Person to whom money payable under maintenance order
1: The money payable under a maintenance order shall, unless a direction of the court otherwise requires, be payable to the Commissioner of Inland Revenue in accordance with the Child Support Act 1991
2: A court may, on or at any time after making a maintenance order, direct that the money payable under the order shall be paid—
a: to or on behalf of the person for whose maintenance the order is made; or
b: to any account in a trading or savings bank standing in the name of any such person; or
c: to any other person.
3: All such money shall be payable in accordance with the tenor of the order.
4: The court may from time to time vary or revoke any direction given by it under this section.
5: A maintenance order providing for the payment of a lump sum may direct that the money be paid to Public Trust, or to any other trustee approved by the court, to be held and dealt with by Public Trust or the trustee in accordance with the order.
6: The receipt of the trustee, or of any person authorised by the trustee in that behalf, shall be a complete discharge to the person paying the same for any money paid to the trustee pursuant to any order under subsection (5).
7: Public Trust must invest all money paid to it under an order under subsection (5) in its common fund, and must apply that money and the income arising from it in accordance with the order.
8: Proceedings for the enforcement of a maintenance order in respect of which an order is made under subsection (5) may be taken by the person who would have been entitled to take such proceedings if the order under that subsection had not been made, and not by the trustee.
9: In this section trustee Public Trust 1968 No 62 ss 78, 79; 1971 No 59 s 13(1) Section 93(1) replaced 1 July 1992 Family Proceedings Amendment Act 1991 Section 93(5) replaced 1 March 2002 section 170(1) Public Trust Act 2001 Section 93(7) replaced 1 March 2002 section 170(1) Public Trust Act 2001 Section 93(9) amended 1 March 2002 section 170(1) Public Trust Act 2001
93A: Copy of order to be sent to Commissioner of Inland Revenue
Where a court makes a maintenance order under this Act, the Registrar shall, within 28 days after the day on which the order is made, send a certified or sealed copy of the order to the Commissioner of Inland Revenue. Section 93A inserted 1 July 1992 Family Proceedings Amendment Act 1991
94: Dissolution
No maintenance order in favour of a husband or wife or a civil union partner married couple or the dissolution of the civil union between the civil union partners 1968 No 62 s 81 Section 94 heading amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 94 amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 94 amended 26 April 2005 section 44(2) Civil Union Act 2004
95: Maintenance where order refused
1: Where an application under section 37 principal relief
2: The court shall not make an order under subsection (1), other than an order varying, extending, or discharging any such order, unless it has heard the application for the order at the same time as or immediately after the application for the principal relief. 1963 No 71 s 77
96: Maintenance order in favour of mentally disordered person
Where a maintenance order is made by a court for the payment of a periodical sum in favour of a person who at the date of the making of the order is receiving care and treatment in a hospital as defined in section 2 Mental Health (Compulsory Assessment and Treatment) Act 1992
a: the payment of a periodical sum in respect of periods while that person is receiving care and treatment in such a hospital; and
b: the payment of a different periodical sum in respect of periods while that person is not receiving care and treatment in such a hospital. 1968 No 62 s 82; 1971 No 59 s 15 Section 96 amended 1 November 1992 section 137(1)
97: Security for maintenance
1: On or at any time after making a maintenance order, a court may order the person by whom maintenance is payable under the order or the personal representative of that person to give such security as the court specifies for the payment of any sum that is to be paid pursuant to the maintenance order.
2: The court may, for the purposes of subsection (1), direct the Registrar of the court to settle and approve a proper deed or instrument, to be executed by all the necessary parties. 1963 No 71 s 45; 1968 No 62 s 83
98: Apportionment of maintenance payments
Where any person by whom maintenance is payable under 2 or more maintenance orders makes any payment of part only of the total amount for the time being payable under those orders, the amount of the payment shall be deemed to have been apportioned in the proportions that the amounts payable under the several orders bear to the total amount payable under all of those orders. 1968 No 62 s 84A; 1971 No 59 s 16
99: Discharge, variation, and suspension of maintenance orders
1: Where the Family Court or the District Court sections 62 to 66 section 81
a: an order discharging the maintenance order:
b: an order varying or suspending the maintenance order:
c: an order temporarily suspending the maintenance order, as to the whole or any part of the money ordered to be paid:
d: an order discharging the maintenance order, and substituting in its place a new maintenance order, whether of the same kind or not:
e: an order extending the term for which the maintenance order was made.
2: Where a maintenance order is discharged or any such order otherwise ceases to have effect, all arrears due under the order at the time when it was discharged or otherwise ceased to have effect shall, unless and to the extent that they are remitted by a court, be recoverable by the party to whom they are owing as if the order were still in force.
3: An order under this section varying a maintenance order by increasing the amount payable under it may, if the court thinks fit, take effect from a date that is earlier than the date of the order of variation, but is not earlier than the date on which the grounds for the variation arose.
4: A court may from time to time—
a: remit the whole or part of any arrears due under a maintenance order; or
b: suspend, on such terms and conditions (if any) as it specifies, the payment of the whole or part of any such arrears— whether or not the order has ceased to be in force.
5: A court may—
a: from time to time vary or extend an order made by it under this Act for the giving of security for the payment of maintenance, whether as to the term of the order or the nature of any security, or by increasing or diminishing the amount of any security, or otherwise; or
b: discharge an order made by it under this Act for the giving of such security.
6: A court may exercise the powers given by this section notwithstanding that the order that is varied, extended, suspended, or discharged was made by consent of the parties. Section 99 replaced 1 July 1992 Family Proceedings Amendment Act 1991 Section 99(1) amended 1 March 2017 section 261 District Court Act 2016
100: Restriction on payment of maintenance in advance
1: No money payable under a maintenance order shall be paid more than 12 months in advance of the due date for payment, except with the prior approval of the court by which the order was made.
2: Where any money is paid in breach of this section, unless the court otherwise decides,—
a: it shall not be taken into account in any proceedings for the enforcement of the maintenance order or for the punishment of any disobedience to the order; and
b: those proceedings may be taken in the same manner as if that money had not been paid.
3: An approval under subsection (1) or a decision under subsection (2) may be given subject to such conditions as the court thinks fit.
4: Money paid in breach of this section shall be recoverable as a debt owing to the person who paid it, unless it has been received by the person who is entitled to receive it under the maintenance order.
5: 1968 No 62 s 86 Section 100(5) repealed 1 July 1992 Family Proceedings Amendment Act 1991
7: Enforcement of maintenance orders from 1 July 1992
Part 7 replaced 1 July 1992 Family Proceedings Amendment Act 1991
101: Orders enforceable under Child Support Act 1991
1: The provisions of the Child Support Act 1991 Part 6 Part 8
2: If a court makes an order under Part 6 Part 8 Child Support Act 1991 Section 101 replaced 1 July 1992 Family Proceedings Amendment Act 1991 Section 101(2) inserted 15 November 2000 section 3 Family Proceedings Amendment Act 2000
101A: Deductions from benefits
Section 101A repealed 1 July 1992 Family Proceedings Amendment Act 1991
101B: Power to issue deduction notices under Social Security Act 2018
1: This section applies to a payment—
a: under a maintenance order; and
b: that is in arrear and unpaid.
2: The chief executive of the department for the time being responsible for the administration of the Social Security Act 2018 section 444
3: However, the deduction notice cannot be issued to the employer of, acting in the capacity of the employer of, the person against whom the order was made.
4: This section does not limit section 101 section 110 section 259(1) Section 101B replaced 26 November 2018 section 459 Social Security Act 2018
102: Bankruptcy
Section 102 repealed 1 July 1992 Family Proceedings Amendment Act 1991
103: Warrant of distress
Section 103 repealed 1 July 1992 Family Proceedings Amendment Act 1991
104: Deductions from wages for payment of maintenance
Section 104 repealed 1 July 1992 Family Proceedings Amendment Act 1991 Attachment orders Heading repealed 1 July 1992 Family Proceedings Amendment Act 1991
105: Attachment orders
Section 105 repealed 1 July 1992 Family Proceedings Amendment Act 1991
106: Attachment order to be served on employer
Section 106 repealed 1 July 1992 Family Proceedings Amendment Act 1991
107: Effect of attachment orders
Section 107 repealed 1 July 1992 Family Proceedings Amendment Act 1991
108: Liability of employer
Section 108 repealed 1 July 1992 Family Proceedings Amendment Act 1991
109: Variation, suspension, and discharge of attachment orders
Section 109 repealed 1 July 1992 Family Proceedings Amendment Act 1991 Deduction notices Heading repealed 1 July 1992 Family Proceedings Amendment Act 1991
110: Deduction notices
Section 110 repealed 1 July 1992 Family Proceedings Amendment Act 1991
111: Effect of deduction notices
Section 111 repealed 1 July 1992 Family Proceedings Amendment Act 1991
111A: Power to issue deduction notices for arrears where maintenance order or agreement discharged or cancelled
Section 111A repealed 1 July 1992 Family Proceedings Amendment Act 1991
112: Liability of employer
Section 112 repealed 1 July 1992 Family Proceedings Amendment Act 1991
113: Protected earnings
Section 113 repealed 1 July 1992 Family Proceedings Amendment Act 1991
114: Variation or discharge of deduction notice
Section 114 repealed 1 July 1992 Family Proceedings Amendment Act 1991 General provisions relating to attachment orders and deduction notices Heading repealed 1 July 1992 Family Proceedings Amendment Act 1991
115: Transaction fee
Section 115 repealed 1 July 1992 Family Proceedings Amendment Act 1991
116: Wrongful treatment of employee
Section 116 repealed 1 July 1992 Family Proceedings Amendment Act 1991
117: Extent to which attachment orders and administrative notices bind the Crown
Section 117 repealed 1 July 1992 Family Proceedings Amendment Act 1991 Charging orders Heading repealed 1 July 1992 Family Proceedings Amendment Act 1991
118: Charging orders
Section 118 repealed 1 July 1992 Family Proceedings Amendment Act 1991
119: Charging orders on life insurance policies
Section 119 repealed 1 July 1992 Family Proceedings Amendment Act 1991
120: Extent to which charging orders bind the Crown
Section 120 repealed 1 July 1992 Family Proceedings Amendment Act 1991 Receiving orders Heading repealed 1 July 1992 Family Proceedings Amendment Act 1991
121: Receiving orders
Section 121 repealed 1 July 1992 Family Proceedings Amendment Act 1991
122: Powers and duties of receiver
Section 122 repealed 1 July 1992 Family Proceedings Amendment Act 1991 Miscellaneous provisions as to enforcement of maintenance orders Heading repealed 1 July 1992 Family Proceedings Amendment Act 1991
123: Order for enforcement of arrears under maintenance order
Section 123 repealed 1 July 1992 Family Proceedings Amendment Act 1991
124: Default under maintenance order
Section 124 repealed 1 July 1992 Family Proceedings Amendment Act 1991
125: Evidence of default
Section 125 repealed 1 July 1992 Family Proceedings Amendment Act 1991
126: Power to summon witnesses
Section 126 repealed 1 July 1992 Family Proceedings Amendment Act 1991
127: Execution of warrants
Section 127 repealed 1 July 1992 Family Proceedings Amendment Act 1991
128: Conduct of examination
Section 128 repealed 1 July 1992 Family Proceedings Amendment Act 1991
129: Orders by court
Section 129 repealed 1 July 1992 Family Proceedings Amendment Act 1991
130: Contempt procedures
Section 130 repealed 1 July 1992 Family Proceedings Amendment Act 1991
131: Application of
Offenders Legal Aid Act 1954 Section 131 repealed 1 July 1992 Family Proceedings Amendment Act 1991
132: Warrant of commitment
Section 132 repealed 1 July 1992 Family Proceedings Amendment Act 1991
133: Respondent in prison or undergoing periodic detention to be discharged on payment
Section 133 repealed 1 July 1992 Family Proceedings Amendment Act 1991
134: Arrest of respondent
Section 134 repealed 1 July 1992 Family Proceedings Amendment Act 1991
8: Overseas maintenance
Enforcement in New Zealand of orders made in Commonwealth or designated countries
135: Designation of countries
1: The Minister of the Crown who is responsible for the Ministry of Justice
2: The Minister of the Crown who is responsible for the Ministry of Justice
3: A notice under this section is secondary legislation ( see Part 3 1968 No 62 s 71 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 135(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 135(1) amended 1 October 2003 section 14(1) State Sector Amendment Act 2003 Section 135(1) amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995 Section 135(2) amended 1 October 2003 section 14(1) State Sector Amendment Act 2003 Section 135(2) amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995 Section 135(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
136: Registration of orders made in Commonwealth or designated countries
Where—
a: a maintenance order has been made against any person by any court in a Commonwealth or designated country; or
b: a maintenance order made provisionally only against any person by any such court has been confirmed in a Commonwealth or designated country— the order may be registered in New Zealand by filing a certified copy in the District Court 1968 No 62 s 62 Section 136 amended 1 March 2017 section 261 District Court Act 2016
137: Setting aside of registration of order
Where an order is registered in the District Court section 136
a: if in any case the court is satisfied, on the application of the person against whom the order applies, that the order is not an order to which that section applies, the court shall set aside the registration of the order; or
b: if in the case of an order that is made in or consequent on an affiliation order the court, on the application of the person against whom the order applies, is satisfied—
i: that that person did not appear in the proceedings in which the affiliation order was made; and
ii: that the proceedings were not duly brought to that person's notice (either by the service of a summons on that person or by any other method permitted by the law of the country in which the affiliation order was made),— the court may set aside the registration of the order. 1968 No 62 s 63 Section 137 amended 1 March 2017 section 261 District Court Act 2016
138: Confirmation of provisional orders made in Commonwealth or designated countries
1: This section shall apply—
a: to a maintenance order; and
b: to an order varying a maintenance order where that maintenance order has been either registered or confirmed in New Zealand— in any case where the maintenance order or the order varying the maintenance order, as the case may be, has been made provisionally only by a court in a Commonwealth or designated country and has no effect unless and until confirmed elsewhere.
2: Where a certified copy of an order to which this section applies, together with the depositions of witnesses and a statement of the grounds on which the order might have been opposed, has been transmitted to the Secretary the District Court
3: On receipt of those documents by the court—
a: any District Court Judge or Justice or Community Magistrate
b: any District Court Judge or Registrar
4: At the hearing it shall be open for the respondent to raise any defence which the respondent might have raised in the original proceedings had the respondent been present, but no other defence, and the statement from the court that made the provisional order stating the grounds on which the making of the order might have been opposed shall be conclusive evidence that those grounds are grounds on which objection may be taken.
5: Notwithstanding subsection (4), where the provisional order is made in or is consequent on an affiliation order, the respondent may raise the defence—
a: that he is not the father of the child; and
b: that the proceedings in which the affiliation order was made were not brought to his notice (either by the service of a summons on him or by any other method permitted by the law of the country in which the affiliation order was made).
6: Where the respondent appears at the hearing and it appears to the court to be necessary for the purpose of any defence to remit the case to the court that made the provisional order for the taking of any further evidence, the court of hearing may so remit the case, and may adjourn the proceedings for the purpose.
7: Where at the hearing (whether following an adjournment or otherwise) the respondent does not appear, or on appearing fails to satisfy the court that the order ought not to be confirmed, the court may confirm the order either without modification or with such modifications as it thinks just.
8: An order that has been confirmed with modifications shall for all the purposes of this Act have effect in the form in which it is confirmed.
9: The court confirming a maintenance order to which subsection (1)﻿(a) applies may also, if it is satisfied that the respondent is of sufficient ability, at the same time order the respondent to pay, at such time or times and in such manner as the court thinks fit, any sum on account of the maintenance of the person or persons in whose favour the provisional order was made between the date of the making of that order and its confirmation.
10: An order made under subsection (9) shall be a maintenance order for the purposes of this Act. 1968 No 62 s 64; 1975 No 70 s 3(1) Section 138(2) amended 1 March 2017 section 261 District Court Act 2016 Section 138(2) amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995 Section 138(3)﻿(a) amended 30 June 1998 section 7 District Courts Amendment Act 1998 Section 138(3)﻿(b) amended 1 July 1994 Family Proceedings Amendment Act 1994
139: Confirmation of provisional orders affecting New Zealand maintenance orders
1: This section shall apply to any order that—
a: has been made provisionally only by a court in a Commonwealth or designated country; and
b: has no effect unless and until confirmed in New Zealand; and
c: cancels, varies, or suspends a maintenance order that is made in New Zealand and is registered or confirmed in that Commonwealth or designated country.
2: Where a certified copy of any order to which this section applies, together with the depositions of witnesses, has been transmitted to the Secretary the District Court
3: On receipt of those documents by a court, summonses shall be issued to such persons as the District Court Judge directs.
4: Where any persons summoned under subsection (3) appear at the hearing and it appears to the court to be necessary to remit the case to the court which made the provisional order for the taking of any further evidence, the court of hearing may so remit the case, and may adjourn the proceedings for the purpose.
5: Subject to subsection (6), if at the hearing (whether following an adjournment or otherwise) none of the persons summoned under subsection (3) appears, or if those who do appear fail to satisfy the court that the order ought not to be confirmed, the court may confirm the order either without modification or with such modifications as it thinks just.
6: No maintenance order in respect of a party to a marriage or civil union
7: An order that has been confirmed with modifications shall for all the purposes of this Act have effect in the form in which it is confirmed.
8: An order that is confirmed under subsection (5) shall have effect for all the purposes of New Zealand law as if it had been made under this Act. 1968 No 62 s 65 Section 139(2) amended 1 March 2017 section 261 District Court Act 2016 Section 139(2) amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995 Section 139(6) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 139(6) amended 1 July 1994 Family Proceedings Amendment Act 1994
139A: Variation overseas of maintenance agreements registered in New Zealand
1: This section shall apply to any order that—
a: has been made provisionally only by a court in a Commonwealth or designated country; and
b: has no effect unless and until confirmed in New Zealand; and
c: cancels, varies, or suspends a maintenance agreement that is made and registered in New Zealand (whether registered before or after the making of the provisional order) and is registered in that Commonwealth or designated country.
2: Subsections (2) to (8) of section 139 Section 139A inserted 11 June 1985 Family Proceedings Amendment Act (No 2) 1985
140: Rehearings and appeals in respect of confirmation of order
Sections 173 174 section 138 section 139 1968 No 62 s 66
141: Effect of registration or confirmation of order made in Commonwealth or designated country
1: An order that has been registered in New Zealand, and an order (including an order of variation) that has been confirmed in New Zealand (other than an order confirmed under section 139
2: 1968 No 62 s 67; 1970 No 60 s 2 Section 141(2) repealed 1 July 1992 Family Proceedings Amendment Act 1991 Discharge or variation of overseas maintenance order Heading inserted 15 November 2000 section 4 Family Proceedings Amendment Act 2000
142: Discharge or variation of registered or confirmed order
1: If a maintenance order has been registered or confirmed in New Zealand, the District Court section 99
a: an order discharging a maintenance order:
b: an order varying a maintenance order:
c: an order suspending the operation of a maintenance order for the purposes of New Zealand law:
d: an order remitting or suspending arrears due under a maintenance order for the purposes of New Zealand law:
e: an order varying or extending an order for the giving of security for the payment of maintenance (whether by altering the term of the order, or the nature of any security, or by increasing or diminishing the amount of any security, or otherwise):
f: an order discharging an order for the giving of security for the payment of maintenance.
1A: If the court makes an order referred to in subsection (1)﻿(d),—
a: the remittance or suspension may be in respect of all or any part of the arrears; and
b: the remittance or suspension may be in respect of any maintenance order, whether or not it has ceased to be in force; and
c: any suspension may be on any terms and conditions that the court specifies.
1B: This section does not apply to a child maintenance order (as defined in section 142A
2: If it appears to the court, on an application under subsection (1), that the order it proposes to make is one that, if made provisionally, may be confirmed under the law of the country in which the maintenance order was made, the New Zealand court must
2A:
2B: A provisional order has no effect unless and until it is confirmed by a competent court in the country in which the maintenance order was originally made.
2C: Where the court makes a provisional order under subsection (2), section 147(5) to (9) section 147(6)﻿(c)
3: Where a person makes an application under subsection (1) in respect of a maintenance order registered in New Zealand, for a variation of the order under section 99
4: Where, on the hearing of an application under subsection (1), it appears to the court to be necessary to remit the case to the court that made the maintenance order for the purpose of taking any further evidence, the court may so remit the case and adjourn the proceedings for the purpose.
5: Where a maintenance order has been either registered or confirmed in New Zealand, and at any time thereafter the person in whose favour the order was made and the respondent are resident in New Zealand, the District Court section 99
6: An order under subsection (5) may be made in any case where the court considers it just, whether or not there would be jurisdiction to make an order by reason of section 99
7: On an application under this section, notice of the application shall be given to such person or persons as the court directs. 1968 No 62 s 68 Section 142(1) replaced 15 November 2000 section 5 Family Proceedings Amendment Act 2000 Section 142(1) amended 1 March 2017 section 261 District Court Act 2016 Section 142(1A) inserted 15 November 2000 section 5 Family Proceedings Amendment Act 2000 Section 142(1B) inserted 15 November 2000 section 5 Family Proceedings Amendment Act 2000 Section 142(2) replaced 18 May 2009 section 21 Family Proceedings Amendment Act 2008 Section 142(2) amended 14 November 2018 section 138(1) Courts Matters Act 2018 Section 142(2A) repealed 14 November 2018 section 138(2) Courts Matters Act 2018 Section 142(2B) inserted 18 May 2009 section 21 Family Proceedings Amendment Act 2008 Section 142(2C) inserted 18 May 2009 section 21 Family Proceedings Amendment Act 2008 Section 142(5) amended 1 March 2017 section 261 District Court Act 2016
142A: Definition of child maintenance order
In sections 142B to 142E child maintenance order
a: provides for the payment by any person of a periodical sum of money towards the maintenance of a child; and
b: has been made by a court in a Commonwealth or designated country; and
c: has been registered or confirmed in New Zealand. Section 142A inserted 15 November 2000 section 6 Family Proceedings Amendment Act 2000
142B: Discharge, variation, etc, of child maintenance order
1: The District Court
a: an order discharging a child maintenance order:
b: an order varying a child maintenance order:
c: an order suspending the operation of a child maintenance order for the purposes of New Zealand law:
d: an order remitting or suspending arrears due under a child maintenance order for the purposes of New Zealand law:
e: an order varying or extending an order for the giving of security for the payment of maintenance (whether by altering the term of the order, or the nature of any security, or by increasing or diminishing the amount of any security, or otherwise):
f: an order discharging an order for the giving of security for the payment of maintenance.
2: The court may make an order under this section even if the child maintenance order to which the order relates was made by consent of the parties.
3: If an application is made under this section, notice of the application must be given to any person or persons that the court directs.
4: If an application is made under this section,—
a: the court may, if it thinks fit, require the Commissioner of Inland Revenue to provide it with a report on the relevant financial implications of the application for the position of any person under the Child Support Act 1991
b: the Commissioner must provide that report to the court within any period that the court directs.
5: If it appears to the court to be necessary, for the purpose of taking further evidence, to remit the case to the court that made the child maintenance order, the court may remit the case and adjourn the proceedings for that purpose.
6: This section is subject to section 142E Section 142B inserted 15 November 2000 section 6 Family Proceedings Amendment Act 2000 Section 142B(1) amended 1 March 2017 section 261 District Court Act 2016 Section 142B(6) inserted 18 May 2009 section 22 Family Proceedings Amendment Act 2008
142C: Conditions relating to variation of child maintenance order
1: An application for a variation of a child maintenance order must be dealt with as if the maintenance order had been made in New Zealand on the date when it was made outside New Zealand.
2: An order varying a child maintenance order by increasing the amount payable under it may, if the court thinks fit, take effect from a date that is earlier than the date of the order of variation, but must not be earlier than the date on which the grounds for the variation arose. Section 142C inserted 15 November 2000 section 6 Family Proceedings Amendment Act 2000
142D: Payment of arrears on child maintenance orders
1: All arrears due under a child maintenance order at the time when it is discharged or otherwise ceases to have effect are recoverable by the person to whom they are owing as if the order were still in force, unless and to the extent that the arrears are remitted by the court.
2: If a court remits or suspends, under this section or section 142B(1)﻿(d)
a: the remittance or suspension may be in respect of all or any part of the arrears; and
b: the remittance or suspension may be in respect of any child maintenance order, whether or not it has ceased to be in force; and
c: any suspension may be on any terms and conditions that the court specifies. Section 142D inserted 15 November 2000 section 6 Family Proceedings Amendment Act 2000
142E: Provisional
1: If it appears to the court, on an application under section 142B the New Zealand court must
1A:
2: A provisional order has no effect unless and until it is confirmed by a competent court in the country in which the child maintenance order was originally made.
3: Subsections (5) to (9) of section 147 Section 142E inserted 15 November 2000 section 6 Family Proceedings Amendment Act 2000 Section 142E heading amended 18 May 2009 section 23(1) Family Proceedings Amendment Act 2008 Section 142E(1) amended 14 November 2018 section 139(1) Courts Matters Act 2018 Section 142E(1A) repealed 14 November 2018 section 139(2) Courts Matters Act 2018
142F: Copies of orders to be forwarded to Commissioner
If a court makes an order under any of sections 142 to 142E Section 142F inserted 15 November 2000 section 6 Family Proceedings Amendment Act 2000 Steps to be taken if respondent not residing in New Zealand Heading inserted 15 November 2000 section 7 Family Proceedings Amendment Act 2000
143: Steps to be taken by Secretary if respondent not residing in New Zealand
1: If a maintenance order made by a court in a Commonwealth or designated country has been registered or confirmed in New Zealand, and it appears to the Secretary that the respondent against whom the order is made is not residing in New Zealand, the Secretary must send the documents specified in subsection (2) to—
a: the responsible authority in that Commonwealth or designated country; or
b: the responsible authority in any other Commonwealth or designated country if, having regard to all the circumstances, the Secretary thinks it proper to do so.
2: The documents that the Secretary must send are—
a: a certified copy of the maintenance order, together with a certified copy of every order varying that maintenance order; and
b: a certificate of the amount of the arrears (if any) owing under the maintenance order; and
c: a statement giving any information that the Secretary possesses about the whereabouts of the respondent; and
d: any other documents in the possession of the Secretary that are relevant to the case.
3: If the documents specified in subsection (2) are sent to a responsible authority in a Commonwealth or designated country other than the one in which the maintenance order was made, the Secretary must inform the responsible authority in the country in which the order was made of where the documents have been sent. Section 143 replaced 15 November 2000 section 7 Family Proceedings Amendment Act 2000 Applications from persons in Convention countries
144: Certificate by Secretary of
Foreign Affairs In any proceedings under this Part, a certificate signed by the Secretary of Foreign Affairs Secretary of Foreign Affairs Section 144 heading amended 1 July 1993 section 9(4) Foreign Affairs Amendment Act 1993 Section 144 amended 1 July 1993 section 9(4) Foreign Affairs Amendment Act 1993
145: Applications for maintenance by applicants residing in Convention countries
Where the Secretary
a: an application by a person who claims to be entitled to recover maintenance from a person who is for the time being residing in New Zealand; or
b: an application for the variation, suspension, or discharge of an order made under this section— the Secretary the office of the District Court Section 145 replaced 1 July 1992 Family Proceedings Amendment Act 1991 Section 145 amended 1 March 2017 section 261 District Court Act 2016 Section 145 amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995
145A: Treatment of applications for maintenance by applicants residing in Convention countries
Where a Registrar of the District Court section 145J
a: in the case of an application in respect of the maintenance of any person other than a child of the respondent, or an application made pursuant to any of sections 78 to 81 Part 6
b: in the case of an application in respect of the maintenance of any child of the respondent, deal with the application in accordance with sections 145B to 145I Section 145A inserted 1 July 1992 Family Proceedings Amendment Act 1991 Section 145A amended 1 March 2017 section 261 District Court Act 2016 Section 145A amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995 Maintenance of children in respect of applications from persons in Convention countries Heading inserted 1 July 1992 Family Proceedings Amendment Act 1991
145B: Interpretation
In this Part, a reference to a parent of a child includes a reference—
a: to a natural or adoptive parent of the child; and
b: in the case of a child of the marriage or civil union or civil union
c: for the purposes of an application under section 145E(b) spouse or civil union partner of a parent or civil union Section 145B inserted 1 July 1992 Family Proceedings Amendment Act 1991 Section 145B(b) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 145B(c) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 145B(c) amended 26 April 2005 section 44(2) Civil Union Act 2004
145C: Maintenance of children
1: Each parent of a child is liable to maintain the child—
a: until the child attains the age of 16 years; and
b: where it appears to the court to be in the best interests of a child who has attained or will shortly attain the age of 16 years, until the child attains the age of 18 years or such earlier age as the court directs; and
c: where it appears to the court that the child is or will be engaged, after attaining the age of 16 years, in a course of full-time education or training and it is expedient that the child should continue to be maintained, until the child attains the age of 20 years or such earlier age as the court directs.
2: In determining the amount that is payable by a parent for the maintenance of a child, the court shall have regard to all relevant circumstances affecting the welfare of the child, including—
a: the reasonable needs of the child; and
b: the manner in which the child is being educated or trained, and the expectations of each parent as to the child's education or training.
3: In determining the amount that is payable by a parent for the maintenance of a child, the court shall also have regard to the following circumstances:
a: the means, including the potential earning capacity, of each parent:
b: the reasonable needs of each parent:
c: the fact that either parent is supporting any other person:
d: the contribution (whether in the form of oversight, services, money payments, or otherwise) of either parent in respect of the care of that or any other child of the marriage or civil union
e: the financial and other responsibilities of each parent:
f: where the person against whom the order is sought is not a natural or adoptive parent of the child—
i: the extent (if at all) to which that person has assumed responsibility for the maintenance of the child, the basis on which that person has assumed that responsibility, and the length of time during which that person has discharged that responsibility; and
ii: whether that person assumed or discharged any responsibility for the maintenance of the child knowing that that person was not a natural parent of the child; and
iii: the liability of any other person to maintain the child:
g: any property and income of the child:
h: where the child has attained the age of 16 years, any earning capacity of the child. Section 145C inserted 1 July 1992 Family Proceedings Amendment Act 1991 Section 145C(3)﻿(d) amended 26 April 2005 section 44(1) Civil Union Act 2004
145D: Limitations on liability as father
1: No person who is not married to , or in a civil union with, , or in a civil union with, or civil union
a: a court has declared him to be the father of the child; or
b: a court has appointed him to be a guardian of the child, or has declared him to be a guardian of the child, by reason of being a parent of the child; or
c: a court has, before or at the time of making a maintenance order against him, made a paternity order against him; or
d: his name has at any time been entered in the registry under the Births, Deaths, Marriages, and Relationships Registration Act 2021
e: he has been declared to be the father of the child by an order made in a country outside New Zealand (being an order to which this section applies pursuant to subsection (2)); or
f: he has, in any proceedings before the court, or in writing signed by him, acknowledged that he is the father of the child.
2: The Governor-General may from time to time, by Order in Council, declare that this section applies to orders made by a specific court or public authority in a specified country outside New Zealand.
3: For the purposes of this section, the Cook Islands, Niue, and Tokelau shall be deemed to be countries outside New Zealand.
4: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 145D inserted 1 July 1992 Family Proceedings Amendment Act 1991 Section 145D(1) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 145D(1) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 145D(1)﻿(d) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 145D(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
145E: Applications for maintenance orders in respect of children
An application for a maintenance order in respect of a child may be made only—
a: by a parent against another parent; or
b: by a person who has lawful care of the child against a parent or parents of the child. Section 145E inserted 1 July 1992 Family Proceedings Amendment Act 1991
145F: Power of court to make maintenance orders in respect of children
Every application under section 145A(b) the Family Court Section 145F inserted 1 July 1992 Family Proceedings Amendment Act 1991 Section 145F amended 1 March 2017 section 261 District Court Act 2016
145G: Maintenance orders in respect of children
1: On hearing an application under section 145A(b) the Family Court
a: an order directing the respondent to pay such periodical sum towards the future maintenance of the child as the court thinks fit:
b: an order directing the respondent to pay such lump sum towards the future maintenance of the child as the court thinks fit:
c: an order directing the respondent to pay such lump sum towards the past maintenance of the child as the court thinks fit.
2: The court shall not make an order under this section pursuant to an application made by a person to whom section 145E(b) spouse or civil union partner of a parent
a: either—
i: no natural or adoptive parent of the child is alive; or
ii: no natural or adoptive parent can be found who is capable of providing proper maintenance for the child; and
b: the child has at some time lived with the spouse or civil union partner of the child's parent as a member of that person's family
3: An order made under subsection (1)﻿(b) or subsection (1)﻿(c) for the payment of a lump sum may provide that the sum shall be payable—
a: at a future date specified in the order; or
b: by instalments specified in the order; or
c: on such terms and conditions as the court thinks fit.
4: Where an application is made under section 145E
5: No order made under this section for the future maintenance of a child who is under the age of 16 years at the date when the order is made shall have effect after the child attains the age of 16 years, unless the court so directs.
6: No order made under this section for the future maintenance of a child who is over the age of 16 years but under the age of 18 years at the date when the order is made shall have effect after the child attains the age of 18 years, unless the court so directs.
7: On the application of any person who is entitled to apply under section 145E
8: Whether or not the court makes a maintenance order under this section for the future maintenance of a child who has attained the age of 16 years or 18 years, the court may order the respondent to pay, in respect of the past maintenance of the child during the period commencing on the date on which the child attained that age and ending on the date of the making of the order, or such earlier date as is appropriate in the circumstances, such sum at such time or times and in such manner as the court thinks fit.
9: No order shall be made under this section in respect of a child who is married or in a civil union
10: No order made under this section and no extension of an order shall have effect in respect of a child after the child marries or enters into a civil union Section 145G inserted 1 July 1992 Family Proceedings Amendment Act 1991 Section 145G(1) amended 1 March 2017 section 261 District Court Act 2016 Section 145G(2) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 145G(2)﻿(b) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 145G(9) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 145G(10) amended 26 April 2005 section 44(2) Civil Union Act 2004
145H: Contributions by other parent
1: Where an application is made under section 145E(a)
a: that parent may join another person as a respondent in the proceedings; or
b: the court may in any case direct that another parent be joined as a respondent in the proceedings.
2: Where, pursuant to an application made under section 145E(a)
a: the parent against whom the order was made may apply to the court for an order requiring another parent to make a monetary contribution towards the maintenance of the child; and
b: on hearing the application, the court may order another parent to make such monetary contribution towards the maintenance of the child as the court thinks fit. Section 145H inserted 1 July 1992 Family Proceedings Amendment Act 1991
145I: Interim maintenance
1: Where an application for a maintenance order or for the variation, extension, suspension, or discharge of a maintenance order has been filed, any District Court Judge may make an order directing the respondent to pay such periodical sum as the District Court Judge thinks reasonable towards the future maintenance of any of the respondent's children until the final determination of the proceedings or until the order sooner ceases to be in force.
2: No order made under this section shall continue in force for more than 6  months after the date on which it is made.
3: An order made under this section may be varied, suspended, discharged, or enforced in the same manner as if it were a final order of the Family Court Section 145I inserted 1 July 1992 Family Proceedings Amendment Act 1991 Section 145I(3) amended 1 March 2017 section 261 District Court Act 2016 Procedure on applications from persons in Convention countries Heading inserted 1 July 1992 Family Proceedings Amendment Act 1991
145J: Procedures relating to applications from persons in Convention countries
1: After fixing a date and time of hearing in respect of the application, the Registrar shall cause to be served on the respondent—
a: a copy of the application and of each relevant accompanying document together with any accompanying notice that may be required; and
b: a summons to the respondent to attend the hearing on the date and at the time so fixed.
2: Where the respondent's address is unknown or where a summons has been issued but cannot be served because the respondent cannot be found, a District Court Judge may issue a warrant to arrest the respondent and bring the respondent before the court.
3: The Registrar shall inform the Secretary section 145A Section 145J inserted 1 July 1992 Family Proceedings Amendment Act 1991 Section 145J(3) amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995
146: Provisions where service not effected
1: Where the Registrar of the District Court section 145J(1)
a: send the documents received under section 145A at the office of the court that
b: send the documents received under section 145A
2: Where a Registrar receives documents under subsection (1)﻿(a), the provisions of subsection (1) and of sections 145A 145J
3: Where the Secretary Section 146 replaced 1 July 1992 Family Proceedings Amendment Act 1991 Section 146(1) amended 1 March 2017 section 261 District Court Act 2016 Section 146(1)﻿(a) amended 1 March 2017 section 261 District Court Act 2016 Section 146(1)﻿(b) amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995 Section 146(3) amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995 Applications for child maintenance in respect of persons residing overseas Heading inserted 1 July 1994 Family Proceedings Amendment Act 1994
146A: Application for maintenance of child in respect of person resident outside New Zealand
1: An application may be made to the Family Court for a provisional maintenance order in respect of a child against a person who is proved—
a: to be resident in a country outside New Zealand; or
b: to have left New Zealand with the intention of residing in a country outside New Zealand.
2: Any such application shall be dealt with in accordance with sections 145B to 145I
a: whether the respondent is a person from whom child support under the Child Support Act 1991
b: whether the respondent is resident in a country with which New Zealand has entered into a reciprocal agreement for enforcement of child support.
3: Every application made under this section shall be treated as an application for a provisional order in accordance with section 147
4: The provisions of sections 91 92 Section 146A inserted 1 July 1994 Family Proceedings Amendment Act 1994 Enforcement of New Zealand orders overseas
147: Provisional orders for confirmation overseas
1: On an application to the District Court
a: to be resident in a country outside New Zealand; or
b: to have left New Zealand with the intention of residing in a country outside New Zealand— the court may, in the absence of that person, where after hearing the evidence it is satisfied of the truth of the matters stated in the application, make a provisional order which shall have no effect unless and until confirmed by a competent court in a place outside New Zealand.
2: Where the District Court
3: No provisional order shall be made under this section unless—
a: it appears to the New Zealand court that the order is one which may be confirmed under the law of the country in which the respondent resides or intends to reside; and
b: in the case of a maintenance order in respect of a party to a marriage or civil union
4:
5: The evidence of every witness who is examined on any application under this section shall be put into writing, and the deposition shall be read over to and signed by the witness.
6: Where an order is made under this section, the court shall send to the Secretary
a: the depositions so taken; and
b: a certified copy of the order; and
c: a statement of the grounds on which the making of the order might have been opposed if the respondent had been duly served with notice of the application and had appeared at the hearing; and
d: such information as the court possesses for facilitating the identification of the respondent and ascertaining the respondent's whereabouts.
7: Where an order under this section has been remitted by the court before which it has come for confirmation to the New Zealand court that made the order for the purpose of taking further evidence, the last-mentioned court or any other District Court may proceed to take the evidence in the same manner and subject to the same conditions as the evidence in support of the original application was taken.
8: Where, on the hearing of such evidence, it appears to the court that the provisional order ought not to have been made or that a different provisional order should have been made,—
a: the court may discharge the provisional order or, as the case may be, may discharge the provisional order and make a fresh provisional order in its stead; and
b: except where the court discharges the order, the depositions shall be dealt with in the same manner as the original depositions.
9: Section 174
10: Nothing in this section shall limit the jurisdiction of a New Zealand court to make an order under section 157 1968 No 62 s 73 Section 147(1) amended 1 March 2017 section 261 District Court Act 2016 Section 147(2) amended 1 March 2017 section 261 District Court Act 2016 Section 147(3)﻿(b) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 147(3)﻿(b) amended 1 July 1994 Family Proceedings Amendment Act 1994 Section 147(4) repealed 1 July 1992 Family Proceedings Amendment Act 1991 Section 147(6) amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995
148: Effect in New Zealand of confirmation overseas of provisional order
1: On the confirmation of an order made under section 147
2: Subject to subsection (3), an order of variation made in New Zealand relating to a maintenance order so confirmed shall be provisional only and of no effect unless and until confirmed in the same manner as the original order.
3: Subsection (2) shall not apply—
a: where the respondent is residing in New Zealand at the time of the variation; or
b: where the order of variation is only an order remitting arrears.
4: Subsections (5) to (9) of section 147
5: A certified copy of an order discharging or suspending the original order or varying it, where the only variation is the remission of arrears, shall be sent by the court to the Secretary 1968 No 62 s 74 Section 148(5) amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995 Transmission of applications to Convention countries
149: Transmission of applications by New Zealand residents to Convention countries
1: Where a person in New Zealand—
a: claims to be entitled to recover in a Convention country maintenance from another person; or
b: seeks to apply against another person for the variation, suspension, or discharge of any order or other provision in force in a Convention country for the payment of maintenance— and that other person is for the time being subject to the jurisdiction of that Convention country, the first person may apply to the Secretary
2: An application to the Secretary a Registrar of the District Court
a: assist the applicant in completing an application that will comply with the requirements of the law and practice of the Convention country; and
b: send the application to the Secretary
3: On receiving an application under this section from a Registrar, the Secretary
a: the application is not made in good faith; or
b: the application does not comply with the requirements of the law applied by that Convention country.
4: The Secretary a Registrar of the District Court
5: Nothing in this section shall limit the jurisdiction of the District Court section 157 Section 149(1) amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995 Section 149(2) amended 1 March 2017 section 261 District Court Act 2016 Section 149(2) amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995 Section 149(2)﻿(b) amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995 Section 149(3) amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995 Section 149(4) amended 1 March 2017 section 261 District Court Act 2016 Section 149(4) amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995 Section 149(5) amended 1 March 2017 section 261 District Court Act 2016 Miscellaneous provisions as to overseas maintenance
150: Taking of evidence
1: Where in any proceedings under this Part, the evidence of any person is to be taken beyond 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 (not including, in the case of any proceedings under section 145
2: Where a request is made to the Secretary
3: The rules of civil procedure in the High Court of New Zealand shall apply accordingly, with any necessary modifications, to the matters to which this section relates. 1968 No 62 s 72(8) Section 150(2) amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995
151: Proof of documents
1: For the purposes of this Part, a document purporting to be signed by a Judge, District Court Judge
2: Every document purporting to be signed, certified, or verified by any of the persons mentioned in subsection (1) shall be admitted in evidence in proceedings under this Part if it appears to be relevant to those proceedings. 1968 No 62 s 69 Section 151(1) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979
152: Depositions to be evidence
Depositions taken for the purposes of this Part in a court in a Commonwealth country or designated country or Convention country may be received in evidence in proceedings under this Part. 1968 No 62 s 70
153: Conversion of currency
1: Where the sum or sums ordered to be paid under a maintenance order which is registered or confirmed in New Zealand under this Part are expressed in a currency other than the currency of New Zealand, the order shall be registered or confirmed, as the case may require, as if it were an order for payment of such sum or sums in the currency of New Zealand as, on the basis of the rate of exchange prevailing at the date of registration or, as the case may be, of confirmation of the order of the original court, is equivalent to the sum or sums so ordered to be paid.
2: For the purposes of this section, a written certificate purporting to be signed by an officer of any bank in New Zealand or of the Reserve Bank of New Zealand that a specified rate of exchange prevailed between currencies on a specified day and that at such rate a specified sum in one currency is equivalent to a specified sum in terms of the currency of New Zealand shall be sufficient evidence of the rate of exchange so prevailing and of the equivalent sums in terms of the respective currencies. 1968 No 62 s 75; 1971 No 59 s 12
154: Certificate of Registrar
In any proceedings under or for the purposes of this Part, a certificate purporting to be signed by the Registrar of a court or any similar officer of a country in which a maintenance order is being enforced, stating that a specified amount has been paid into court or to that Registrar or officer under a maintenance order shall be evidence, until the contrary is proved, of the facts stated in the certificate. 1968 No 62 s 76
9: Procedure
155: Applications by agents
1: A person who may apply for a maintenance order under this Act may do so by an agent authorised in writing by that person.
2: If a person is incapable of authorising an agent under subsection (1) to make an application on that person's behalf,—
a: the manager of that person's estate under the Protection of Personal and Property Rights Act 1988
b: where there is no such manager, the next friend of the person may make the application. 1968 No 62 ss 25, 31(1), (3); 1971 No 59 ss 3, 4 Section 155(2)﻿(a) amended 1 October 1988 section 113 Protection of Personal and Property Rights Act 1988
156: Service on disabled person
1: Where a person against whom an order is sought under this Act (other than an order under Part 4 Public Trust the Protection of Personal and Property Rights Act 1988 the Protection of Personal and Property Rights Act 1988 Public Trust Public Trust Public Trust
2: All money payable under any order so made shall be paid by Public Trust Public Trust 1968 No 62 s 118 Section 156(1) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 156(1) amended 1 October 1988 section 113 Protection of Personal and Property Rights Act 1988 Section 156(2) amended 1 March 2002 section 170(1) Public Trust Act 2001
157: Proceedings where respondent is absent from New Zealand or cannot be found
1: Where an application is made to a court under this Act (not being an application section 47
a: hear and determine the application in the same manner as if the respondent had been served with the appropriate notice of the proceedings; or
b: order any steps to be taken to bring the proceedings to the notice of the respondent, and from time to time amend any such order.
2: An order referred to in subsection (1)﻿(b) may direct that notice of the proceedings be given by advertisement in any newspaper, or by the service of a notice on any solicitor or agent of the respondent or on any other person, or in any manner whatsoever.
3: Where an application is made under section 47
4: Where an application is made under section 47
5: An order referred to in subsection (4) may direct that notice of the proceedings be given by advertisement in any newspaper, or by the service of a notice on any solicitor or agent of the respondent or on any other person, or in any manner whatsoever.
6: Where the court is satisfied that an order referred to in subsection (3) or subsection (4) has been complied with and that a reasonable time has elapsed since the steps directed by the order were taken, the court may if it thinks fit hear and determine the application in the same manner as if the respondent had been served with notice of the application. 1968 No 62 s 119; 1971 No 59 s 23 Section 157(1) amended 1 October 1981 Family Proceedings Amendment Act 1981
158: Proceedings by or against minors
A minor may bring and continue or defend any proceedings under this Act, and an order made under this Act against a minor shall be binding on and may be enforced against the minor, as if the minor were of full age. 1968 No 62 s 128
159: Conduct of proceedings
1: The business of courts and of Judges shall, so far as is consistent with the due despatch of business, be arranged in such manner as may be necessary for the separating of the hearing of proceedings under this Act, under the Care of Children Act 2004 Property (Relationships) Act 1976
2: No person shall be present during the hearing of any proceedings under this Act (other than criminal proceedings or proceedings under section 130
a: officers of the court:
b: parties to the proceedings and their barristers and solicitors:
c: witnesses:
ca: accredited news media reporters:
cb: persons whom the Judge permits to be present as support persons for a party on a request by that party:
d: any other person whom the Judge permits to be present.
3: The Judge must agree to a request under subsection (2)﻿(cb) unless the Judge considers there is a good reason why the named support persons should not be permitted to be present.
4: No support persons may help a party conduct his or her case.
5: If, during a hearing, the Judge requests a person of any of the following kinds to leave the courtroom, the person must do so:
a: a witness:
b: an accredited news media reporter:
c: a support person whom the Judge permitted to be present under subsection (2)﻿(cb).
6: Nothing in this section limits any other power of the court—
a: to hear proceedings in private; or
b: to permit a McKenzie friend to be present; or
c: to exclude any person from the court. 1968 No 62 s 111; 1971 No 59 s 22 Section 159(1) amended 1 July 2005 section 151 Care of Children Act 2004 Section 159(1) amended 1 February 2002 section 14 Family Proceedings Amendment Act 2001 Section 159(2)﻿(ca) inserted 18 May 2009 section 24(1) Family Proceedings Amendment Act 2008 Section 159(2)﻿(cb) inserted 18 May 2009 section 24(1) Family Proceedings Amendment Act 2008 Section 159(3) replaced 18 May 2009 section 24(2) Family Proceedings Amendment Act 2008 Section 159(4) replaced 18 May 2009 section 24(2) Family Proceedings Amendment Act 2008 Section 159(5) replaced 18 May 2009 section 24(2) Family Proceedings Amendment Act 2008 Section 159(6) inserted 18 May 2009 section 24(2) Family Proceedings Amendment Act 2008
160: Applications may be heard together
1: An application under this Act may be joined with an application under the Property (Relationships) Act 1976 or under the Family Court Act 1980
2: A court may hear and determine any proceedings before it under this Act in conjunction with any other proceedings under this Act or under the Care of Children Act 2004 Property (Relationships) Act 1976
a: all the proceedings are between the same parties; or
b: all the proceedings are in respect of members of the same family.
3: Subsection (2) shall apply whether or not any other person is also a party to the proceedings. 1968 No 62 s 117; 1976 No 166 s 56 Section 160(1) amended 1 March 2017 section 261 District Court Act 2016 Section 160(1) amended 31 March 2014 section 7 Family Proceedings Amendment Act (No 2) 2013 Section 160(1) amended 13 September 2002 section 6 Family Courts Amendment Act 2000 Section 160(1) amended 1 February 2002 section 15 Family Proceedings Amendment Act 2001 Section 160(2) amended 1 July 2005 section 151 Care of Children Act 2004 Section 160(2) amended 1 February 2002 section 15 Family Proceedings Amendment Act 2001
161: Intervention
In any proceedings under Part 4 1963 No 71 s 71(1)
162: Appointment of lawyer to represent child in proceedings
1: In any proceedings under this Act (other than criminal proceedings), a court may appoint a lawyer to represent any child who is—
a: the subject of the proceedings; or
b: a party to the proceedings.
2: An appointment under subsection (1) may be made only if the court is satisfied that the appointment is necessary or desirable. Section 162 replaced 31 March 2014 section 8 Family Proceedings Amendment Act (No 2) 2013
162A: Appointment of lawyer to assist court
In any proceedings under this Act (other than criminal proceedings), a court may—
a: appoint a lawyer to assist the court; or
b: direct the Registrar of the court to appoint a lawyer to assist the court. Section 162A inserted 31 March 2014 section 8 Family Proceedings Amendment Act (No 2) 2013
162B: Fees and expenses of lawyer appointed under section 162 or 162A
1: The fees and expenses of a lawyer appointed under section 162 162A
a: be determined in accordance with regulations made under section 16D Family Court Act 1980 a Registrar
b: be paid in accordance with that determination out of public money appropriated by Parliament for the purpose.
2: An invoice for fees and expenses submitted for payment by a lawyer appointed under section 162 162A
3: A lawyer who is dissatisfied with the decision of the Registrar as to the amount of the invoice may, within 14 days after the date of the decision, apply to a Family Court Judge to review the decision, and the Judge may on the application make any order varying or confirming the decision that the Judge considers fair and reasonable.
4: Where in any proceedings a lawyer has been appointed under section 162 162A section 162C
5: However, no order under section 162C
a: against the Crown, whether acting through the department for the time being responsible for the administration of this Act or otherwise; or
b: in respect of an appointment under section 162A Section 162B inserted 31 March 2014 section 8 Family Proceedings Amendment Act (No 2) 2013 Section 162B(1)﻿(a) amended 8 September 2018 section 50(1) Statutes Amendment Act 2018 Section 162B(1)﻿(a) amended 1 March 2017 section 261 District Court Act 2016 Section 162B(2) replaced 8 September 2018 section 50(2) Statutes Amendment Act 2018
162C: Order requiring reimbursement of costs payments
1: An order referred to in section 162B(4) section 162 162A
2: Despite subsection (1), the court may decline to make an order against a party if satisfied that the order would cause serious hardship to the party or to a dependent child of the party.
3: Each party against whom an order is made under subsection (1) must pay an equal share of the prescribed proportion.
4: Despite subsection (3), if the court is satisfied that, in view of the circumstances of the case, including the conduct of any party, it would be inappropriate to require a party to pay the amount payable in accordance with that subsection, the court may substitute, for that party, a different amount not exceeding the prescribed proportion.
5: In this section,— dependent child, prescribed proportion section 147 section 135A serious hardship
a: includes significant financial difficulties that arise because of—
i: the party's inability to meet minimum living expenses according to normal community standards; or
ii: the cost of medical treatment for an illness or injury of the party or a dependent child of the party; or
iii: a serious illness suffered by the party or by a dependent child of the party; or
iv: the cost of education for a dependent child of the party:
b: does not include significant financial difficulties that arise because—
i: the social activities and entertainment of the party or those of a dependent child of the party may be limited; or
ii: the party is unable to afford goods or services that are expensive or of a high quality or standard according to normal community standards. Section 162C inserted 31 March 2014 section 8 Family Proceedings Amendment Act (No 2) 2013
162D: Enforcement of orders made under section 162C
1: The amount that a party is ordered to reimburse under section 162C the District Court
2: Despite section 219 230 section 156
a: is to be added to the amount sought to be enforced; and
b: must be paid to the Registrar of the court out of any proceeds that result from the enforcement.
3: For the purposes of section 14(1)﻿(b) Section 162D inserted 31 March 2014 section 8 Family Proceedings Amendment Act (No 2) 2013 Section 162D(1) amended 1 March 2017 section 261 District Court Act 2016 Section 162D(2) amended 1 March 2017 section 261 District Court Act 2016
163: Vexatious proceedings
1: The District Court or the Family Court
2: The District Court or the Family Court 1968 No 62 s 113 Section 163(1) amended 1 March 2017 section 261 District Court Act 2016 Section 163(2) amended 1 March 2017 section 261 District Court Act 2016
164: Evidence
Section 164 repealed 31 March 2014 section 17A(g) Family Courts Act 1980
165: Power of District Court or Family Court to call witnesses
1: In any proceedings before it under this Act (not being criminal proceedings) the District Court or the Family Court
2: The power conferred by subsection (1) shall include power to call as a witness any party to the proceedings or the spouse or civil union partner
3: A witness called by the court under this section shall have the same privilege to refuse to answer any question as the witness would have if the witness had been called by a party to the proceedings.
4: A witness called by the court under this section may be—
a: examined and re-examined by the court, or by a lawyer appointed to assist the court; and
b: cross-examined by or on behalf of any party to the proceedings.
5: Sections 159 161 to 165
6: The expenses of any witness called by the court under this section, in accordance with the prescribed scale of witnesses' expenses, shall be paid in the first instance out of public 1968 No 62 s 9 Section 165(1) amended 1 March 2017 section 261 District Court Act 2016 Section 165(2) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 165(4) replaced 31 March 2014 section 9 Family Proceedings Amendment Act (No 2) 2013 Section 165(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 165(6) amended 1 July 1989 section 86(1) Public Finance Act 1989
166: Proof of certain matters
1: In any proceedings under this Act, a document purporting to be the original or a certified copy of a certificate, entry, or record of a birth, death, or marriage or civil union
2: In any proceedings under this Act, a document purporting to be a decree or order or a certified copy or duplicate of any decree or order made by any court or public authority, whether in New Zealand or elsewhere,—
a: may be received without further proof as evidence of the existence, nature, and purport of that decree or order; and
b: every such decree or order shall be presumed to be valid unless the contrary is proved.
3: 1968 No 62 s 116 Section 166(1) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 166(3) repealed 1 July 1992 Family Proceedings Amendment Act 1991
167: Standard of proof
Every question of fact arising in any proceedings under this Act (not being criminal proceedings or proceedings under section 130 1968 No 62 s 115
168: Claim by respondent for relief
1: Where an application is made under this Act, the respondent may in reply claim any relief under this Act.
2: Where the court is satisfied that the respondent is entitled to or ought to be granted such relief, it may grant it accordingly. 1963 No 71 s 66
169: Publication of reports of proceedings
Sections 11B to 11D Family Court Act 1980 section 130
a: in the Family Court
b: in any other court, in which case references in those sections to the Family Court or court must be read as references to that other court. Section 169 replaced 18 May 2009 section 25 Family Proceedings Amendment Act 2008 Section 169 amended 1 March 2017 section 261 District Court Act 2016 Section 169(a) amended 1 March 2017 section 261 District Court Act 2016
170: Orders by consent
In any proceedings before it under this Act (not being proceedings under Part 4 the District Court or the Family Court 1968 No 62 s 120 Section 170 amended 1 March 2017 section 261 District Court Act 2016
171: Costs
1: Subject to any other provision in this Act, the court, on the hearing of any proceedings before it under this Act, may make such order as to costs as it thinks fit.
2: An order made by the District Court or the Family Court
3: This section is subject to section 162B 1963 No 71 s 74; 1968 No 62 s 121 Section 171(2) amended 1 March 2017 section 261 District Court Act 2016 Section 171(3) inserted 31 March 2014 section 10 Family Proceedings Amendment Act (No 2) 2013
172: Dismissal of application in District Court or Family Court no bar to further proceedings
Neither the dismissal of an application under this Act by the District Court or the Family Court the District Court or the Family Court 1968 No 62 s 122 Section 172 amended 1 March 2017 section 261 District Court Act 2016
173: Rehearings
1: Where an order has been made or refused on an application under this Act (other than an application under Part 4
2: Notice of any such rehearing shall be given to such persons and in such manner as the court directs.
3: If the court grants an application for a rehearing, the operation of the order (not being an order for interim maintenance) shall, unless the court otherwise directs, be suspended pending the determination of the rehearing. 1968 No 62 s 123
10: Appeals
174: Appeals from decisions of
District Court and Family Court
1AA: This subsection applies to a decision of the Family Court or the District Court
a: make or refuse to make an order; or
b: dismiss the proceedings; or
c: otherwise finally determine the proceedings.
1: A party to proceedings in which there is made a decision to which subsection (1AA)
1A: However, no appeal may be made to the High Court under subsection (1) in relation to—
a: criminal proceedings; or
b: a decision under—
i: section 162
ii: section 162A
1B: The High Court Rules 2016 sections 126 to 130 section 124
2: On the ex parte section 126(1)
2A: Subsection (2) overrides subsection (1A).
3: Notwithstanding subsection (1), where an order dissolving a marriage or civil union the Family Court or a Registrar
3A: Subsection (3) overrides subsection (1).
4: The High Court shall not extend the time for appeal against an order dissolving a marriage or civil union
4A: Subsection (4) overrides subsection (1A).
5: A party to any appeal under subsection (1) may, with the leave of the Court of Appeal, appeal to the Court of Appeal against any determination of the High Court in the appeal
6: On an appeal to the Court of Appeal under this section, the Court of Appeal shall have the same power to adjudicate on the proceedings as the High Court had.
7:
8:
9: Except in the case of an order made under section 34 section 39(4) 1963 No 71 s 73; 1968 No 62 s 124 Section 174 heading amended 1 March 2017 section 261 District Court Act 2016 Section 174(1AA) inserted 24 November 2003 section 4 District Courts Amendment Act 2002 Section 174(1AA) amended 1 March 2017 section 261 District Court Act 2016 Section 174(1AA) amended 31 March 2014 section 11(1) Family Proceedings Amendment Act (No 2) 2013 Section 174(1) replaced 24 November 2003 section 4 District Courts Amendment Act 2002 Section 174(1) amended 31 March 2014 section 11(2) Family Proceedings Amendment Act (No 2) 2013 Section 174(1A) replaced 31 March 2014 section 11(3) Family Proceedings Amendment Act (No 2) 2013 Section 174(1B) replaced 1 March 2017 section 261 District Court Act 2016 Section 174(2) replaced 24 November 2003 section 4 District Courts Amendment Act 2002 Section 174(2) amended 1 March 2017 section 261 District Court Act 2016 Section 174(2A) inserted 24 November 2003 section 4 District Courts Amendment Act 2002 Section 174(3) amended 1 March 2017 section 261 District Court Act 2016 Section 174(3) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 174(3) amended 1 July 1994 Family Proceedings Amendment Act 1994 Section 174(3A) inserted 24 November 2003 section 4 District Courts Amendment Act 2002 Section 174(4) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 174(4A) inserted 24 November 2003 section 4 District Courts Amendment Act 2002 Section 174(5) amended 1 January 2004 section 47 Supreme Court Act 2003 Section 174(7) repealed 1 January 2004 section 47 Supreme Court Act 2003 Section 174(8) repealed 1 January 2004 section 47 Supreme Court Act 2003
175: Appeals from decisions of High Court
1: Subject to subsections (2) to (5), a party to any proceedings under this Act before the High Court (other than proceedings on an appeal under section 174
2: Where an order dissolving a marriage or civil union section 34 section 39(4) section 14 Family Court Act 1980 section 42
3: Notwithstanding subsection (1), where an order dissolving a marriage or civil union Court of Appeal
4: The Court of Appeal shall not extend the time for appeal against an order dissolving a marriage or civil union
5: Subject to subsection (4), the Court of Appeal may extend the time for appeal on such terms and subject to such conditions as it thinks fit.
6: 1963 No 71 s 73 Section 175(2) amended 1 March 2017 section 261 District Court Act 2016 Section 175(2) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 175(3) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 175(3) amended 1 October 1981 Family Proceedings Amendment Act 1981 Section 175(4) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 175(6) repealed 1 January 2004 section 47 Supreme Court Act 2003
11: Miscellaneous provisions
176: Non-molestation orders
Section 176 repealed 1 March 1983 Domestic Protection Act 1982
177: Interim non-molestation orders
Section 177 repealed 1 March 1983 Domestic Protection Act 1982
178: Orders in respect of matrimonial homes and tenancies
Section 178 repealed 1 March 1983 Domestic Protection Act 1982
179: Orders in respect of matrimonial homes and tenancies where parties living apart
Section 179 repealed 1 March 1983 Domestic Protection Act 1982
180: Recovery of money from estate of deceased party
1: On the death of any person against whom an order for the payment of money has been made under this Act, any money in arrear and unpaid at the time of that person's death shall constitute a debt recoverable out of that person's estate.
2: Notwithstanding subsection (1), unless the order has been made to bind the personal representative of the deceased person, no such arrears in respect of a period longer than 12 months shall be so recoverable without the leave of the court, which may be given on such terms and subject to such conditions as the court specifies.
3: Where, by any order made under section 70 section 99
4: Nothing in subsection (3) shall affect any security given, pursuant to an order under this Act, for the payment of any sum or the rights of any person in respect of that security.
5: Where the estate of the deceased is insufficient for the payment in full of the amounts so payable under 2 or more orders to which subsection (3) applies, so much of the estate as is available for payment of those amounts shall be applied in payment rateably of the amounts so payable under the several orders.
6: Nothing in this section shall restrict the power of the court to make, in respect of any order to which this section applies, an order under section 99 1963 No 71 s 76; 1968 No 62 s 92; 1976 No 166 s 56
181: Incidence of maintenance due by estate of deceased party
1: The incidence of the payments under any order to which section 180(3)
a: where the will of the deceased contains directions relating specifically to the incidence of those payments, the incidence of the payments shall fall upon the assets of the estate in accordance with the directions of the will:
b: subject to any such directions in the will of the deceased, the incidence of the payments shall fall upon the assets of the estate in the same manner as would the incidence of the unsecured debts of the deceased: provided that the incidence of any such payments in respect of which security has been ordered to be given under this Act shall fall primarily on the assets of the estate over which security has been ordered to be given.
2: Notwithstanding anything in subsection (1) or in the will of the deceased, but subject to section 180(3) to (6)
a: fix or vary as between the assets of the estate of the deceased, in such manner as it thinks fit, the incidence of the payments under an order to which section 180(3)
b: exonerate any part of the estate, in whole or in part, from the incidence of the payments under any such order:
c: adjust the burden of the payments under any such order among the persons who are or may be beneficially interested in the estate of the deceased in such other manner as the court thinks fit.
3: The court may from time to time vary an order made under subsection (2) in such manner as the court thinks fit.
4: An order under subsection (2) or subsection (3), or any provision of any such order, may be made on and subject to such terms and conditions as the court thinks fit.
5: An application for an order under subsection (2) or subsection (3) may be made by the personal representative of the deceased or by any person who is interested in the distribution of the estate or by the person who is entitled to the benefit of the order to which section 180(3)
6: Before making any such order, the court shall hear such of the persons who may be affected by the order as it thinks necessary, and may for that purpose direct any personal representative to represent, or appoint any person to represent, any such person.
7: No distribution of any part of the estate lawfully made before the personal representative receives notice that an application for such an order has been made to the court shall be disturbed by reason of the application or of any order on the application, and no action shall lie against the personal representative by reason of his having made such a distribution. 1963 No 71 s 76A; 1968 No 60 s 10(1)
182: Court may make orders as to settled property, etc
1: On, or within a reasonable time after, the making of an order under Part 4 the Family Court or civil union or civil union or civil union
2: Where an order under Part 4 Part 2 or Part 4 of the Matrimonial Proceedings Act 1963 the Family Court
3: In the exercise of its discretion under this section, the court may take into account the circumstances of the parties and any change in those circumstances since the date of the agreement or settlement and any other matters which the court considers relevant.
4: The court may exercise the powers conferred by this section, notwithstanding that there are no children of the marriage or civil union
5: An order made under this section may from time to time be reviewed by the court on the application of either party to the marriage or civil union
6: Notwithstanding subsections (1) to (5), the court shall not exercise its powers under this section so as to defeat or vary any agreement, entered into under Part 6 or civil union or civil union 1963 No 71 s 79; 1968 No 60 s 11; 1976 No 166 s 56 Section 182(1) amended 1 March 2017 section 261 District Court Act 2016 Section 182(1) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 182(1) amended 23 November 1982 Family Proceedings Amendment Act 1982 Section 182(2) amended 1 March 2017 section 261 District Court Act 2016 Section 182(2) amended 23 November 1982 Family Proceedings Amendment Act 1982 Section 182(4) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 182(5) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 182(6) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 182(6) amended 1 February 2002 section 16 Family Proceedings Amendment Act 2001
183: Dispositions may be restrained
1: Where it appears to the court that a disposition of any property is about to be made, whether for value or not, by or on behalf of or by direction of or in the interests of a party to any proceedings under this Act in order to defeat the claim or rights of any person under Part 6 or under the Child Support Act 1991
2: A disposition made after an order of the court under subsection (1) restraining the making of the disposition has been served on or come to the notice of the person disposing of the property, or any auctioneer, agent, or solicitor acting in connection with the disposition, shall be void; and the court may consider any claim of any person interested and may make such order as it thinks just. 1963 No 71 s 80 Section 183(1) amended 1 July 1992 Family Proceedings Amendment Act 1991
184: Dispositions may be set aside
1: Where the court is satisfied that any disposition of any property has been made, whether for value or not, by or on behalf of or by direction of or in the interests of a party to proceedings under this Act in order to defeat the claim or rights of any person under Part 6 or under the Child Support Act 1991
2: In any case to which subsection (1) applies, the court may, subject to the provisions of subsection (4),—
a: order that any person to whom the disposition was made and who received the property otherwise than in good faith and for valuable consideration, or that person's personal representative, shall transfer the property or any part thereof to such person as the court directs; or
b: order that any person to whom the disposition was made and who received the property otherwise than in good faith and for adequate consideration, or that person's personal representative, shall pay into court, or to such person as the court directs, a sum not exceeding the difference between the value of the consideration (if any) and the value of the property; or
c: order that any person who has, otherwise than in good faith and for valuable consideration, received any interest in the property from the person to whom the disposition was so made, or that person's personal representative, or any person who received that interest from any such person otherwise than in good faith and for valuable consideration, shall transfer that interest to such person as the court directs, or shall pay into court or to such person as the court directs a sum not exceeding the value of the interest.
3: For the purposes of giving effect to any order under subsection (2), the court may make such further order as it thinks fit.
4: Relief (whether under this section, or in equity, or otherwise) in any case to which subsection (1) applies shall be denied wholly or in part, if the person from whom relief is sought received the property or interest in good faith, and has so altered his position in reliance on having an indefeasible interest in the property or interest that in the opinion of the court, having regard to all possible implications in respect of other persons, it is inequitable to grant relief, or to grant relief in full, as the case may be.
5: The court may, on any application under this section, make such order as to costs as it thinks fit. 1963 No 71 s 81; 1976 No 166 s 56 Section 184(1) amended 1 July 1992 Family Proceedings Amendment Act 1991
185: Separation agreements by persons of unsound mind
1: Notwithstanding anything in any enactment or rule of law, no agreement for separation shall be void or voidable by reason of either party to the agreement being of unsound mind, if, before the agreement is entered into by that party, it has been approved under this section on behalf of that party by a Family Court Judge.
2: The Family Court Judge shall not approve a separation agreement under this section unless the Family Court Judge is satisfied that the person on whose behalf it is to be approved is able to understand the nature and consequences of the agreement.
3: An application under this section shall be made by the person on whose behalf the agreement is to be approved.
4: The Family Court Judge may refer the application to a solicitor nominated by the Family Court Judge, or to Public Trust
5: A person to whom the application is so referred may—
a: file a report in the District Court setting out the results of that person's consideration and examination of the application, and making in respect of it such recommendations as that person thinks proper; and
b: appear and be heard at the hearing of the application— but no such person shall be under any obligation to consider or examine any such application until that person's reasonable costs and expenses have been paid or secured to that person's satisfaction. 1963 No 71 s 85 Section 185(4) amended 1 March 2002 section 170(1) Public Trust Act 2001
186: Court fees
Section 186 repealed 18 May 2009 section 26 Family Proceedings Amendment Act 2008
187: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations—
a:
b: prescribing the matters in respect of which fees are payable under this Act:
c: prescribing fees and expenses for the purposes of this Act:
ca:
cb:
cc:
d: prescribing parentage sections 54 to 57
e: prescribing the manner in which such parentage
f: prescribing the form of reports on parentage
g: providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
2: Regulations under this section are secondary legislation ( see Part 3 1968 No 62 ss 16(5), 50(8), 131 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 187(1)﻿(a) repealed 31 March 2014 section 12 Family Proceedings Amendment Act (No 2) 2013 Section 187(1)﻿(c) replaced 1 July 1992 Family Proceedings Amendment Act 1991 Section 187(1)﻿(ca) repealed 31 March 2014 section 12 Family Proceedings Amendment Act (No 2) 2013 Section 187(1)﻿(cb) repealed 31 March 2014 section 12 Family Proceedings Amendment Act (No 2) 2013 Section 187(1)﻿(cc) repealed 31 March 2014 section 12 Family Proceedings Amendment Act (No 2) 2013 Section 187(1)﻿(d) amended 1 July 2005 section 150 Care of Children Act 2004 Section 187(1)﻿(e) amended 1 July 2005 section 150 Care of Children Act 2004 Section 187(1)﻿(f) amended 1 July 2005 section 150 Care of Children Act 2004 Section 187(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
188: Rules of procedure
1: Subject to Part 9 the District Court
1A: Subject to Part 9 section 16A Family Court Act 1980 of the Family Court
2: Without limiting the generality of the powers conferred by subsection (1) or section 16A Family Court Act 1980
a: prescribe such forms as are necessary for the purposes of this Act:
b: prescribe the costs and charges to be paid by one party in the proceedings to the other party, in addition to money paid out of pocket:
c: prescribe fees payable to persons giving evidence in the proceedings and the persons liable to pay those fees; and authorise the refund or remission of those fees:
d: require any party to the proceedings or any person required to appear in answer to a summons under section 124(1)
e: provide for the taking of evidence in the proceedings, whether in New Zealand or elsewhere, including—
i: the prescribing of the procedure for the taking of the evidence of witnesses who are beyond New Zealand; and
ii: the taking of evidence before any District Court Judge or the Registrar of any court (whether or not the proceedings were commenced in that court) and the making of such incidental provision as the Governor-General thinks fit, including provisions for requiring the attendance of witnesses, the answering of questions, and the production of documents:
f: facilitate communications between courts in New Zealand and courts in countries outside New Zealand for the purpose of Part 8
g: provide for any other matters in respect of which rules are contemplated under this Act.
3: See section 228 section 16A 1963 No 71 s 87; 1968 No 62 s 110 Section 188(1) amended 1 March 2017 section 261 District Court Act 2016 Section 188(1) amended 13 September 2002 section 6 Family Courts Amendment Act 2000 Section 188(1A) inserted 13 September 2002 section 6 Family Courts Amendment Act 2000 Section 188(1A) amended 1 March 2017 section 261 District Court Act 2016 Section 188(2) amended 1 March 2017 section 261 District Court Act 2016 Section 188(2) amended 13 September 2002 section 6 Family Courts Amendment Act 2000 Section 188(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
189: Amendments to other enactments, and repeals
1: The enactments specified in Schedule 1
2: Subject to sections 191 192
a: every reference to the Matrimonial Proceedings Act 1963 Domestic Proceedings Act 1968
b: every reference to a decree of dissolution of a voidable marriage or a decree of divorce made under any former Act shall hereafter be read as a reference to an order dissolving a marriage:
c: every reference to a decree nisi made under any former Act shall hereafter be read as a reference to an order dissolving a marriage that has not taken effect as a final order:
d: every reference to a decree absolute made under any former Act shall hereafter be read as a reference to an order dissolving a marriage that has taken effect as a final order.
3: The enactments specified in Schedule 2
4: In this section, former Act 1963 No 71 ss 89, 90; 1968 No 62 ss 133, 134 2014-03-31 Family Proceedings Amendment Act 2008 Family Proceedings Amendment Act 2013 Items inserted in Sch 2 on that date
190: Related amendments to Domestic Actions Act 1975
(1), (2): Amendment(s) incorporated in the Act(s).
3: This section shall come into force on the day on which this Act receives the Governor-General's assent.
191: Savings
1: Notwithstanding section 118(6) section 189(3)
2: The repeal of any enactment by section 189(3)
3: Notwithstanding section 189(3)
4: The repeal of the Domestic Proceedings Amendment Act 1971 by section 189(3)
a: section 25 of that Act were still in force; and
b: the application were an application for a variation under section 99
5: Section 99 1963 No 71 s 90(2)
192: Transitional provisions
1: Notwithstanding section 189(3)
a: all criminal proceedings that have been commenced under the Matrimonial Proceedings Act 1963 or the Domestic Proceedings Act 1968 and are pending at the commencement of section 189
b: all proceedings that have been commenced under Part 2 or Part 4 of the Matrimonial Proceedings Act 1963 and are pending at the commencement of section 189
c: all other proceedings that have been commenced under any other provision of the Matrimonial Proceedings Act 1963 or the Domestic Proceedings Act 1968, and are pending at the commencement of section 189 notwithstanding section 18(2)
i: if the hearing of those proceedings has not commenced, under this Act; and
ii: if the hearing of those proceedings has commenced, as if this Act had not been passed.
2: On the commencement of section 189(3)
3: On the commencement of section 189(3)
4: Subject to subsections (1) to (3), this Act shall apply to every order—
a: that has been made under the Matrimonial Proceedings Act 1963 or the Domestic Proceedings Act 1968 or to which either of those Acts applied; and
b: is of the kind that could have been made under this Act if this Act were then in force— as if it had been made under this Act.
5: Notwithstanding subsection (4), no application may be made under section 99
6: This Act shall apply to every maintenance agreement registered under the Domestic Proceedings Act 1968 at the commencement of section 83 1963 No 71 s 91; 1968 No 62 s 132 Section 192(1)﻿(c) amended 1 October 1981 Family Proceedings Amendment Act 1981
193: Transitional provision for counselling or mediation arranged before commencement of Family Proceedings Amendment Act (No 2) 2013
If any counselling or mediation has been arranged under Part 2 Family Proceedings Amendment Act (No 2) 2013
a: the counselling or mediation may be commenced or completed on or after the date of commencement of the Family Proceedings Amendment Act (No 2) 2013
b: the counselling or mediation may not be commenced or continued 4 months after the date of commencement of the Family Proceedings Amendment Act (No 2) 2013 Section 193 inserted 31 March 2014 section 13 Family Proceedings Amendment Act (No 2) 2013
194: Transitional provision for proceedings commenced before commencement of Family Proceedings Amendment Act (No 2) 2013
1: This section applies to proceedings under this Act that were commenced before the date of commencement of the Family Proceedings Amendment Act (No 2) 2013 pending proceeding
2: The following provisions do not apply to a pending proceeding:
a: section 162A
b: section 162B
c: section 162C
d: section 162D
3: Section 162 Family Proceedings Amendment Act (No 2) 2013 Section 194 inserted 31 March 2014 section 13 Family Proceedings Amendment Act (No 2) 2013