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Child Support Act 1991

Enforcement provisions - Provisions as to enforcement of financial support liability

192: Power to summons witnesses

You could also call this:

“The court can ask someone to come and share information about a person who owes child support”

You can ask someone to come to court as a witness if they have information about a person who owes child support. This is called summoning a witness. Here’s how it works:

The Registrar can ask someone to come to court if they think that person:

  • Has papers about the person who owes child support
  • Knows about the money the person gets or spends

The Registrar will give the witness a special form telling them when and where to go to court.

The witness might need to bring papers about the person who owes child support.

If the witness has to travel more than 20 kilometres to get to court, they don’t have to go unless they’re given money for their travel costs.

If the witness doesn’t show up to court when asked, a judge can send the police to bring them to court.

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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=DLM257050.

Topics:
Family and relationships > Children and parenting
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191: Evidence of default, or

"How the government proves someone hasn't paid their child support"

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193: Execution of warrants, or

"How warrants work when someone owes child support money"

Part 11 Enforcement provisions
Provisions as to enforcement of financial support liability

192Power to summons witnesses

  1. Where the Registrar believes in relation to any examination to be held under section 190 that any person (other than the liable person)—

  2. has possession of any book, paper, or document relating to the affairs or property of the liable person; or
    1. is capable of giving information concerning the liable person's income from any sources or concerning the person's expenditure,—
        1. the Registrar may issue a summons in the prescribed form requiring that person to appear before the District Court or Family Court as a witness at the time and place appointed in the summons.

      1. Any person so summoned may be required to produce any book, paper, or document relating to the affairs, finances, or property of the liable person.

      2. No person who is required by a summons issued under subsection (1) to travel more than 20 kilometres to attend the examination shall be bound to attend unless expenses in accordance with the scale prescribed by regulations made under the Criminal Procedure Act 2011 are tendered to that person.

      3. On the failure of any person to appear before the court in answer to a summons under subsection (1), a District Court or Family Court Judge may issue a warrant to arrest that person and bring that person before the court as soon as possible.

      Compare
      Notes
      • Section 192(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).