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New Zealand law explained for everyone

Child Support Act 1991

General provisions - Miscellaneous provisions

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

You could also call this:

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

If someone makes an application or appeal under this Act, and the person it’s against (the respondent) is not in New Zealand or can’t be found, the court can do two things. They can either hear and decide on the case as if the respondent had been told about it, or they can order steps to be taken to let the respondent know about the case. The court can change these orders if needed.

If the court orders steps to be taken to inform the respondent, they might say to put a notice in a newspaper, give a notice to the respondent’s lawyer or agent, tell another person, or do something else to try and let the respondent know.

After the court has ordered these steps and they’ve been followed, and enough time has passed, the court can decide to hear and determine the case. They can do this even if the respondent hasn’t actually been given notice of the application.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM257336.

Topics:
Family and relationships > Children and parenting
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"Rules for kids in legal cases about child support"

Part 14 General provisions
Miscellaneous provisions

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

  1. Where an application or appeal is made to a court under this Act and it is proved to the satisfaction of the court that the respondent is absent from New Zealand or cannot be found, the court may—

  2. hear and determine the application or appeal in the same manner as if the respondent had been served with the appropriate notice of the proceeding; or
    1. order any steps to be taken to bring the proceeding to the notice of the respondent, and from time to time amend any such order.

      1. An order referred to in subsection (1)(b) may direct that notice of the proceeding be given by advertisement in any newspaper, or by the service of a notice on any solicitor or agent of the respondent or on any other person, or in any manner whatsoever.

      2. Where the court is satisfied that an order referred to in subsection (1)(b) has been complied with and that a reasonable time has elapsed since the steps directed by the order were taken, the court may if it thinks fit hear and determine the application in the same manner as if the respondent had been served with notice of the application.

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