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Child Support Act 1991

Exemptions - Exemption for victims of sex offences

89ZA: Exemption is void in certain circumstances

You could also call this:

“When an exemption from paying child support stops being valid”

If you have been given an exemption from paying child support, there are some situations where that exemption becomes invalid from the start. This can happen if:

You were given the exemption because of a sex offence conviction, but that conviction is later overturned on appeal.

The Youth Court found that you committed a sex offence, but that decision is later reversed or set aside.

The Commissioner of Inland Revenue granted the exemption because they thought someone else likely committed the sex offence, but they no longer believe this is true.

If your exemption becomes invalid for any of these reasons, you can still apply for a new exemption. If you’re granted a new exemption, it usually starts from the date you made the new application. Sometimes, it might start from an earlier date.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM255108.

Topics:
Family and relationships > Children and parenting
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Part 5A Exemptions
Exemption for victims of sex offences

89ZAExemption is void in certain circumstances

  1. An exemption granted under section 89Z(1) is void from the beginning if,—

  2. in the case of an application that is based on a conviction for a sex offence, that conviction is quashed on appeal; or
    1. in the case of an application that is based on a finding of the Youth Court that a sex offence has been proved to have been committed, that finding is reversed or set aside; or
      1. in the case where the Commissioner relies on section 89Z(1)(b)(iii) when granting the exemption, the Commissioner is no longer of the opinion that it is likely that another person has committed the sex offence.

        1. Subsection (1) does not prevent a liable parent from making a new application under section 89Y.

        2. If, following a new application, an exemption is granted under section 89Z(1), the exemption commences on—

        3. the date on which the Commissioner received the new application for the exemption; or
          1. an earlier date under section 89Z(3).

            Notes
            • Section 89ZA: inserted, on , by section 17(1) of the Child Support Amendment Act 2006 (2006 No 42).
            • Section 89ZA heading: amended, on , by section 110(1) of the Taxation (Annual Rates for 2019–20, GST Offshore Supplier Registration, and Remedial Matters) Act 2019 (2019 No 33).
            • Section 89ZA(1)(b): amended, on , by section 110(2) of the Taxation (Annual Rates for 2019–20, GST Offshore Supplier Registration, and Remedial Matters) Act 2019 (2019 No 33).
            • Section 89ZA(1)(b): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
            • Section 89ZA(1)(c): inserted, on , by section 110(3) of the Taxation (Annual Rates for 2019–20, GST Offshore Supplier Registration, and Remedial Matters) Act 2019 (2019 No 33).
            • Section 89ZA(2): replaced, on , by section 110(4) of the Taxation (Annual Rates for 2019–20, GST Offshore Supplier Registration, and Remedial Matters) Act 2019 (2019 No 33).
            • Section 89ZA(3): replaced, on , by section 110(4) of the Taxation (Annual Rates for 2019–20, GST Offshore Supplier Registration, and Remedial Matters) Act 2019 (2019 No 33).