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Child Support Act 1991

Enforcement provisions - Provisions as to enforcement of financial support liability

194: Conduct of examination

You could also call this:

“How the court talks to you about child support money”

When you are examined under section 190, you must appear in person before the District Court or Family Court. You will have to speak under oath. You can bring a lawyer with you who can ask you questions and talk about your responsibilities and how much money you have.

The Commissioner, who is the person in charge of child support, or their lawyer can ask you questions too. If there are any witnesses, you or your lawyer can ask them questions. The Commissioner or their lawyer can also ask the witnesses questions.

The court might need to stop the examination and continue it another day. They will tell you when and where to come back.

The examination follows some of the same rules as a court case. This means that the court can make you answer questions and can punish you if you don’t tell the truth.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM257052.

Topics:
Family and relationships > Children and parenting Crime and justice > Courts and legal help
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Part 11 Enforcement provisions
Provisions as to enforcement of financial support liability

194Conduct of examination

  1. An examination under section 190 shall be made orally on oath before the District Court or Family Court.

  2. Every liable person who is summoned or brought before a court under section 190 shall appear personally, and may be represented by a barrister or solicitor who may examine the person and be heard on the matter of the person's liability and means.

  3. The liable person may be cross-examined by the Commissioner or the Commissioner's barrister or solicitor.

  4. Any witness may be cross-examined by—

  5. the liable person or the liable person's barrister or solicitor:
    1. the Commissioner or the Commissioner's barrister or solicitor.

      1. Any examination under section 190 may from time to time be adjourned by the court to a time and place to be appointed.

      2. On any examination under section 190 of this Act, sections 168 and 206 of the Criminal Procedure Act 2011 apply, so far as they are applicable and with the necessary modifications, as if the examination were the hearing of a charge.

      Compare
      Notes
      • Section 194(6): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).