Child Support Act 1991

Transitional and savings provisions - Continuation of existing maintenance orders after 1 July 1992

267: Enforcement of Department of Social Welfare administered maintenance orders and agreements

You could also call this:

"How the government handles old support payment orders after 1 July 1992"

This law talks about how old maintenance orders and agreements will be handled after 1 July 1992. Here's what you need to know:

If you were paying money to support someone (not your child) on 30 June 1992 under certain types of orders or agreements, this law might affect you. These orders could be from a court in New Zealand or another country.

If the amount you were paying was at least $10 per week (except for orders from other countries), and if the government got certain information about the payments, then some changes will happen automatically:

The person who was getting the money from you will be treated as if they asked the Commissioner to enforce the order or agreement. The order or agreement will be treated as if it was made on 1 July 1992 under a specific part of the law.

The Commissioner will send a notice to everyone involved, telling them what information they got from the government. If you think the information is wrong, you can tell the Commissioner within 28 days.

If you do tell the Commissioner the information is wrong, what happens next depends on the type of order or agreement:

For most New Zealand orders or agreements, the automatic changes won't happen. The person who was getting money from you will need to apply if they want the Commissioner to enforce the order.

For orders from other countries, your message will be treated as an objection, and the law will handle it in a specific way.

This law helps make sure that existing maintenance arrangements continue smoothly after the new system starts on 1 July 1992.

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This page was last updated on 15 April 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM257755.

Topics:

Family and relationships > Children and parenting

266: Deferral of commencement of formula assessment in certain cases, or

"Delaying child support payments when someone asks the court to review them"

268: Enforcement of other maintenance orders and agreements, or

"Making sure older maintenance agreements are followed after 1 July 1992"

Part 16Transitional and savings provisions
Continuation of existing maintenance orders after 1 July 1992

267Enforcement of Department of Social Welfare administered maintenance orders and agreements

This section applies where—
any person is, on 30 June 1992, required to pay money towards the support of any other person (other than a child of the first-mentioned person) under—
1. a maintenance order of the court; or
2. a maintenance agreement registered under section 83 of the Family Proceedings Act 1980 which has effect as a maintenance order under section 84 of that Act; or
3. an order made under section 78 or section 81 of the Family Proceedings Act 1980; or
4. any maintenance order made against any person by any court in a Commonwealth or designated country that has been registered in New Zealand under the Family Proceedings Act 1980; and
except in the case of an order referred to in paragraph (a)(iv), the amount payable under the order or agreement is not less than $10 per week; and
the Commissioner obtains the following information from the Director-General of Social Welfare on or before 30 June 1992:
1. the name and address of the person entitled to receive payments under the order or agreement; and
2. the amount payable towards the maintenance of that other person, the frequency of the payments, and the date on which the order or agreement ceases to remain in force.

Where this section applies to an order or agreement,—
the party towards whose support money is required to be paid under the order or agreement shall be deemed to have applied to the Commissioner for enforcement of the order or agreement; and
the order or agreement shall be deemed to be an order to which Part 4 applies that was made on 1 July 1992.

The Commissioner shall, as soon as practicable, give a notice to each party to an order or agreement to which this section applies specifying the information that has been obtained from the Director-General of Social Welfare under this section.
Any person to whom any such notice is given and who disputes the accuracy of any information given by the Director-General of Social Welfare shall notify the Commissioner in writing of that fact not more than 28 days after the date on which the notice is given.
Where any such notification is received by the Commissioner,—
in relation to any order or agreement referred to in any of subparagraphs (i), (ii), or (iii) of subsection (1)(a),—
1. subsection (2) shall not apply; and
2. the person who is entitled to receive the payments under the order or agreement shall be required to make an application under section 268(1) if that person wishes the Commissioner to enforce the order or agreement:
in relation to any order referred to in subparagraph (iv) of subsection (1)(a), the notification shall be deemed to be an objection made under section 90(2) to an appealable decision, and the provisions of this Act shall, with the necessary modifications, apply accordingly.

Notes

Section 267 heading: amended, on 26 April 2005, by section 3 of the Child Support Amendment Act 2005 (2005 No 6).