Child Support Act 1991

Enforcement provisions - Receiving orders

187: Receiving orders

You could also call this:

"The court can order property sales or management to collect money owed for child support"

Illustration for Child Support Act 1991

When someone owes money for child support, the court can make special orders about their property. These orders are called receiving orders. Here's what you need to know about them:

The Family Court or District Court can order the sale of property or appoint someone to manage it. This person is called a receiver. The receiver could be Public Trust or another person, but they have to agree to do the job.

If the property is sold because of this order, the High Court can make the property officially belong to the buyer.

The court can change or cancel a receiving order at any time.

A receiving order will end when the person who owes money pays all the money they owe, plus enough to cover the next six months of payments.

The court's order can make it seem like everyone involved in the property has agreed to sell or transfer it, even if they haven't actually signed anything. If the property is land registered under the Land Transfer Act 2017, the new owner's name will be officially recorded.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM257040.


Previous

186: Extent to which charging orders bind the Crown, or

"How the government can use money it owes to pay someone's child support debt"


Next

188: Powers and duties of receiver, or

"A receiver can manage property and collect money to pay child support debts"

Part 11Enforcement provisions
Receiving orders

187Receiving orders

  1. If any amount constitutes, by virtue of section 184, a charge on any property, the Family Court or the District Court may make such order as it thinks fit, either for the sale of that property or of any part thereof, or for the appointment of Public Trust or any other person to be the receiver of the whole or any part of that property, or of the rents, profits, or income of the property, or of any part of that property: provided that neither Public Trust nor any other person shall, unless that person consents, be appointed under this section as a receiver.

  2. Where any property has been sold under any such order, the High Court may, on the application of the purchaser or the Commissioner, make an order vesting the property in the purchaser.

  3. Every such vesting order shall have the same effect as if all persons entitled to the property had been free from all disability and had duly executed all proper conveyances, transfers, and assignments of the property for such estate or interest as is specified in the order; and in the case of land which is subject to the Land Transfer Act 2017 the purchaser's title thereto shall be registered accordingly.

  4. The court may, at any time after making a receiving order, vary or discharge the order.

  5. A receiving order shall expire on the payment by the liable person of all arrears due under this Act, together with the payment by the liable person in advance of all money to become payable under this Act during the period of 6 months from the date of the cancellation of the receiving order.

Compare
Notes
  • Section 187(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 187(1): amended, on , by section 170(1) of the Public Trust Act 2001 (2001 No 100).
  • Section 187(3): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
  • Section 187(3): amended, on , by section 7 of the Stamp Duty Abolition Act 1999 (1999 No 61).