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New Zealand law explained for everyone

Child Support Act 1991

General provisions - Miscellaneous provisions

223: Service on protected person

You could also call this:

“Special rules for giving child support notices to people who can't manage their own affairs”

If someone needs to pay child support, but they can’t manage their own affairs, a manager looks after their money and property. This manager is appointed under a special law called the Protection of Personal and Property Rights Act 1988.

When the government wants to work out how much child support this person should pay, they don’t talk to the person directly. Instead, they send a notice to the manager. The manager then acts for the person in all the discussions and decisions about child support. Everything happens as if the manager wasn’t there and the person was dealing with it themselves.

If the government decides how much child support the person needs to pay, the manager is responsible for paying this money from the person’s estate. However, the manager also needs to consider any other debts or bills that the person has, as long as the manager knows about them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM257335.

Topics:
Family and relationships > Children and parenting
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222: Proceedings not affected by vacancy or change in office of Commissioner, or

"Legal actions continue even if the Commissioner changes"

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224: Proceedings where respondent is absent from New Zealand or cannot be found, or

"What happens when someone can't be found for a child support case"

Part 14 General provisions
Miscellaneous provisions

223Service on protected person

  1. Where a person against whom a formula assessment or order is sought under this Act is a person whose estate is being administered by a manager under the Protection of Personal and Property Rights Act 1988, notice of the application under this Act shall be served on the manager instead of on the respondent, and the manager shall then represent and act for the respondent in all the proceedings under this Act, and the like proceedings may be taken and the like order made as if there were no manager of that person's estate and that person had been duly served with notice of the application.

  2. All money payable under any formula assessment or order so made shall be paid by the manager out of the estate of the respondent according to the tenor of the assessment or order, subject to all other debts and liabilities of the respondent so far as the manager has notice of them.

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