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Child Support Act 1991

Departure from formula assessment of child support initiated by liable parent or receiving carer

96J: Circumstances in which representation or assistance at hearing may be approved

You could also call this:

“When you can have someone speak for you or help you at a child support hearing”

The Commissioner decides if you can have someone represent you or help you at a hearing about child support. Usually, you can’t have a representative unless the Commissioner thinks it’s okay and approves the person.

You might be allowed to have a representative if you’re the government, if you’re a child or have a disability, or if you can’t come to the hearing or explain your case well enough by yourself. The representative needs to know a lot about your case and be able to make decisions for you.

If you want someone to help you at the hearing but not speak for you, you can ask the Commissioner. They might let this person come with you, but the Commissioner can also ask them to leave at any time.

The Commissioner won’t let lawyers or people who often speak at tribunals be your representative or helper. If the Commissioner does let someone represent or help you, they might set some rules to make sure it’s fair for everyone.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM255163.

Topics:
Family and relationships > Children and parenting Crime and justice > Courts and legal help
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"How the government handles your request to change child support"

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"Making a child support agreement before the government decides on your application"

Part 6A Departure from formula assessment of child support initiated by liable parent or receiving carer

96JCircumstances in which representation or assistance at hearing may be approved

  1. Subject to subsection (2), no party shall be entitled to be represented at a hearing by a representative unless it appears to the Commissioner to be proper in all the circumstances to so allow, and the Commissioner approves such representative.

  2. The following parties may be represented by a representative who is approved by the Commissioner:

  3. the Crown, if the representative is an officer or employee of the Crown:
    1. a minor, or other person under disability:
      1. any other person, if the Commissioner is satisfied that for sufficient cause that person is unable to appear in person or is unable to present his or her case adequately.

        1. No person proposed as a party's representative shall be approved unless the Commissioner is satisfied that the person proposed has sufficient knowledge of the case and sufficient authority to bind the party.

        2. The Commissioner may permit any person nominated by a party to be present at the hearing and to assist the party in the presentation of his or her case if it appears to the Commissioner to be proper in all the circumstances to so permit, and the Commissioner approves such person.

        3. No person approved by the Commissioner under subsection (4) shall be entitled to be heard at the hearing, and the Commissioner may exclude any such person from the hearing at any time.

        4. The Commissioner shall not—

        5. approve as a representative under subsection (1) or subsection (2); or
          1. approve under subsection (4)—
              1. any person who is, or has been, enrolled as a barrister and solicitor, or who, in the opinion of the Commissioner is, or has been, regularly engaged in advocacy work before other tribunals.

            1. Where the Commissioner approves any person under subsection (1) or subsection (2) or subsection (4), the Commissioner may impose in respect of any such appointment or approval such conditions as the Commissioner considers necessary to ensure that any other party to the proceedings is not substantially disadvantaged by that appointment or approval.

            Compare
            Notes
            • Section 96J: inserted (with effect on 1 July 1994), on , by section 5(1) of the Child Support Amendment Act 1994 (1994 No 74).