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Child Support Act 1991

Departure from formula assessment of child support initiated by Commissioner

96ZA: Procedure for making determination

You could also call this:

“How the Commissioner makes decisions about child support”

When the Commissioner is making a decision about child support, they can use any information they have. They don’t have to do extra research, but they can if they want to.

You and the other person involved have the right to talk to the Commissioner if you want to. The Commissioner can’t make you talk to them if the other person is there.

If someone joins the process late and doesn’t send in their thoughts in writing on time, the Commissioner might not listen to them.

The Commissioner can run the hearing and do research in any way they think is best. They don’t have to follow the usual rules about evidence.

The Commissioner doesn’t have to let anyone else join in the process.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM255301.

Topics:
Family and relationships > Children and parenting
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96Z: Written representations by parties, or

"Parties can send written reasons about changing child support payments"

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96ZB: Determinations that may be made, or

"The child support office can make important decisions about child support payments"

Part 6B Departure from formula assessment of child support initiated by Commissioner

96ZAProcedure for making determination

  1. In making a determination under this Part, the Commissioner—

  2. may act on the basis of any information in the Commissioner's possession; and
    1. may, but (subject to subsection (2)) is not required to, conduct any enquiries or investigations into the matter.

      1. The Commissioner must give an opportunity to each party to appear before the Commissioner and be heard by him or her, if they so wish.

      2. Nothing in subsection (2)—

      3. empowers the Commissioner to compel a party to appear before the Commissioner in the presence of the other party; or
        1. applies if the Commissioner refuses to make a determination under section 96ZC.

          1. Despite subsection (2), if a relevant person (see section 96Y(8)) who elects to become a party in accordance with section 96Y fails to file any written representations within the prescribed time, the Commissioner may refuse to hear that person.

          2. Any hearing before the Commissioner, and any enquiry or investigation carried out by the Commissioner, must be carried out as the Commissioner thinks fit and the Commissioner is not bound by any rules of evidence.

          3. Nothing in section 125 (which relates to intervention in proceedings) applies to proceedings under this Part.

          Notes
          • Section 96ZA: inserted, on , by section 24 of the Child Support Amendment Act 2006 (2006 No 42).
          • Section 96ZA(2): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
          • Section 96ZA(4): amended, on , by section 35 of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).