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Child Support Act 1991

Collection of financial support - Discretionary relief in respect of penalties and pre-2021 penalties

135E: Discretionary relief if error made by Department

You could also call this:

“You might get help with a penalty if the Child Support Department made a mistake”

You might be able to get help with paying a penalty if the Child Support Department made a mistake. The Commissioner can decide to give you relief if three things are true:

First, if you were late paying because someone who works for the Department made a mistake.

Second, if you acted honestly and changed what you were doing because of that mistake.

Third, if the Commissioner thinks it would be fair and reasonable to help you, after looking at your situation.

The Commissioner can give you this help in the way described in section 135A.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM256045.

Topics:
Family and relationships > Children and parenting
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135DA: Discretionary relief if recovery is inefficient use of Commissioner’s resources, or

"The Commissioner can cancel penalties if collecting them isn't worth the effort"

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135F: Discretionary relief if debt waived or uplifted, or

"Commissioner can remove penalties if child support debt is forgiven or taken back"

Part 8 Collection of financial support
Discretionary relief in respect of penalties and pre-2021 penalties

135EDiscretionary relief if error made by Department

  1. The Commissioner may grant relief to a liable person in the manner prescribed by section 135A if the Commissioner is satisfied that—

  2. the delay in payment of the debt to which a penalty relates was due to an error made by an officer of the Department; and
    1. the liable person has acted in good faith and has altered his or her position in reliance on the error; and
      1. having regard to the circumstances of the case, it would be fair and reasonable to grant relief.

        Notes
        • Section 135E: inserted, on , by section 32(1) of the Child Support Amendment Act 2006 (2006 No 42).