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Child Support Act 1991

Exemptions - Exemption for victims of sex offences

89Z: Grant of exemption to victim of sex offence

You could also call this:

“Victims of sex offences can ask not to pay child support for children born from those offences”

If you are a parent who has to pay child support and you were a victim of a sex offence that resulted in the child’s birth, you can ask for permission not to pay child support for that child. This is called an exemption.

You need to apply to the Commissioner for this exemption. If your application follows the rules, the Commissioner must give you the exemption as soon as possible if:

  1. Someone has been found guilty of a sex offence, or
  2. Someone has been proven in the Youth Court to have committed a sex offence, or
  3. The Commissioner thinks it’s likely that someone committed a sex offence

The Commissioner also needs to be sure that you were the victim of that sex offence and that the child was probably conceived because of it.

Even if the person who committed the sex offence was found not guilty, the Commissioner can still give you the exemption if they think it’s likely the offence happened.

Usually, the exemption starts from the day you applied for it. But sometimes, the Commissioner might decide to start it from an earlier date if they think it’s fair for everyone involved and it’s the right thing to do.

To help decide if you can get the exemption, the Commissioner can get information from the Ministry of Justice and the New Zealand Police.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM255106.

Topics:
Family and relationships > Children and parenting Crime and justice > Criminal law Crime and justice > Victim support
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89Y: Application for exemption on grounds relating to sex offence, or

"Asking to not pay child support if you're a victim of a sex crime"

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89ZA: Exemption is void in certain circumstances, or

"When an exemption from paying child support stops being valid"

Part 5A Exemptions
Exemption for victims of sex offences

89ZGrant of exemption to victim of sex offence

  1. The Commissioner must, as soon as practicable after receiving an application under section 89Y in respect of a liable parent and a particular child, exempt the person from the payment of child support in relation to that child if—

  2. the application is made in accordance with that section; and
    1. any of the following apply:
      1. the Commissioner is satisfied that another person has been convicted of a sex offence:
        1. the Commissioner is satisfied that another person has been proved before the Youth Court to have committed a sex offence:
          1. in the opinion of the Commissioner, it is likely that another person has committed a sex offence; and
          2. the Commissioner is satisfied that the liable parent is a victim of that sex offence; and
            1. in the opinion of the Commissioner, it is likely that the child was conceived as a result of that sex offence.

              1. The Commissioner may act under subsection (1)(b)(iii) even if the other person has been acquitted of the sex offence.

              2. If the Commissioner grants an exemption under subsection (1), the period of exemption commences on the day on which the Commissioner received the application for the exemption.

              3. However, the period of exemption may commence on a day determined by the Commissioner that is earlier than the day on which the Commissioner received the application for exemption if the Commissioner is satisfied that it is—

              4. just and equitable as regards the child, the receiving carer, the liable parent, and any other child, carer, or parent that may be affected by the Commissioner’s decision; and
                1. otherwise proper.

                  1. The Commissioner may, for the purpose of determining whether a person is eligible for an exemption under this section, obtain information from the Ministry of Justice, the New Zealand Police, or both in accordance with section 18H of the Tax Administration Act 1994.

                  Notes
                  • Section 89Z: inserted, on , by section 17(1) of the Child Support Amendment Act 2006 (2006 No 42).
                  • Section 89Z(1)(b): replaced, on , by section 109(1) of the Taxation (Annual Rates for 2019–20, GST Offshore Supplier Registration, and Remedial Matters) Act 2019 (2019 No 33).
                  • Section 89Z(1)(c): replaced, on , by section 109(1) of the Taxation (Annual Rates for 2019–20, GST Offshore Supplier Registration, and Remedial Matters) Act 2019 (2019 No 33).
                  • Section 89Z(1A): inserted, on , by section 109(2) of the Taxation (Annual Rates for 2019–20, GST Offshore Supplier Registration, and Remedial Matters) Act 2019 (2019 No 33).
                  • Section 89Z(3): replaced, on , by section 109(3) of the Taxation (Annual Rates for 2019–20, GST Offshore Supplier Registration, and Remedial Matters) Act 2019 (2019 No 33).
                  • Section 89Z(4): amended, on , by section 33 of the Child Support Amendment Act 2021 (2021 No 6).