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Child Support Act 1991

General provisions - Miscellaneous provisions

234: Rules of procedure

You could also call this:

"How the court handles child support cases"

The Governor-General can make rules about how the District Court handles cases under this law. They can also make rules for the Family Court through section 16A of the Family Court Act 1980.

These rules can do many things. They can create forms for people to use. They can decide how much money one person in a case has to pay to the other person. They can set fees for people who give evidence and say who needs to pay those fees. They can even cancel or write off these fees.

The rules can ask people involved in a case to tell the court about their money and where it comes from. They can also say how to get evidence from people, even if they're not in New Zealand. This includes how to get evidence from witnesses in other countries.

The rules can say how District Court Judges or court Registrars can take evidence. They can make people come to court, answer questions, and show documents. The rules can also cover any other things that this law says need rules.

When the Governor-General makes these rules for the District Court, they become a type of law called secondary legislation. This means they need to follow certain rules about how they're published, which you can find in Part 3 of the Legislation Act 2019.

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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=DLM257348.

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235: Regulations, or

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Part 14General provisions
Miscellaneous provisions

234Rules of procedure

  1. The Governor-General may from time to time, by Order in Council, make rules and regulations regulating the practice and procedure of the District Court in proceedings under this Act.

  2. Rules may be made under section 16A of the Family Court Act 1980 regulating the practice and procedure of the Family Court in proceedings under this Act.

  3. Without limiting the generality of the powers conferred by subsection (1) of this section or section 16A of the Family Court Act 1980, rules made under either of those provisions may—

  4. prescribe such forms as are necessary for the purposes of this Act:
    1. prescribe the costs and charges to be paid by one party in the proceeding to the other party, in addition to money paid out of pocket:
      1. prescribe fees payable to persons giving evidence in the proceeding and the persons liable to pay those fees, and authorise the refund or writing-off of those fees:
        1. require any party to the proceeding or any person required to appear in answer to a summons under section 190(1) to supply to the court particulars of both that person's financial means and their sources:
          1. provide for the taking of evidence in the proceeding, whether in New Zealand or elsewhere, including—
            1. the prescribing of the procedure for the taking of the evidence of witnesses who are beyond New Zealand; and
              1. the taking of evidence before any District Court Judge or the Registrar of any court (whether or not the proceeding was commenced in that court) and the making of such incidental provision as the Governor-General thinks fit, including provision for requiring the attendance of witnesses, the answering of questions, and the production of documents:
              2. provide for any other matters in respect of which rules are contemplated under this Act.

                1. Rules and regulations under subsection (1) are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                Compare
                Notes
                • Section 234(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                • Section 234(1): amended, on , by section 6 of the Family Courts Amendment Act 2000 (2000 No 65).
                • Section 234(1A): inserted, on , by section 6 of the Family Courts Amendment Act 2000 (2000 No 65).
                • Section 234(1A): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                • Section 234(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                • Section 234(2): amended, on , by section 6 of the Family Courts Amendment Act 2000 (2000 No 65).
                • Section 234(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).