Child Support Act 1991

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

268: Enforcement of other maintenance orders and agreements

You could also call this:

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

This part of the law talks about how to enforce certain maintenance orders and agreements after 1 July 1992. If you're supposed to receive payments under one of these orders or agreements, you can ask the Commissioner to treat it like a special kind of order.

To do this, you need to write to the Commissioner and ask them to treat your order or agreement as if it falls under Part 4 of the Child Support Act. You'll need to provide some important information:

The name and last known address of the person who is supposed to make payments to you.
How much money you're supposed to receive, how often you should get payments, and when the order or agreement ends.

If the Commissioner agrees to your request, your order or agreement will be treated as if it was made on a specific date. This date depends on when you send in your request and all the required information:

If you send everything by 30 June 1992, it will be treated as if it was made on 1 July 1992.
If you send everything after 30 June 1992, it will be treated as if it was made on the day the Commissioner receives your complete request and information.

This law helps make sure that older maintenance orders and agreements can still be enforced under the new system that started in 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=DLM257757.

Topics:

Family and relationships > Children and parenting

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

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

268A: Transitional provision for proceedings commenced before commencement of Child Support Amendment Act (No 3) 2013 but not completed, or

"Rules for unfinished child support cases started before the 2013 law change"

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

268Enforcement of other maintenance orders and agreements

This section applies to every order and agreement to which section 267(1)(a) and (b) applies and in respect of which either—
no application is deemed to be made under section 267(2)(a); or
section 267(5)(a)(ii) applies.

The person who is entitled to receive payments under any order or agreement to which this section applies may, in a written application made to the Commissioner, request that the order or agreement be deemed to be an order to which Part 4 applies.
Every such request shall provide satisfactory evidence of—
the name and last known address of the person required to make payments under the order or agreement; and
the amount payable towards the maintenance of the applicant, the frequency of the payments, and the date on which the order or agreement ceases to remain in force.

Where the Commissioner accepts such a request, the order or agreement shall be deemed to be an order made,—
in any case where the request and all the information required to be provided is received by the Commissioner on or before 30 June 1992, on 1 July 1992; or
in any case where the request and all the information required to be provided is not received by the Commissioner on or before 30 June 1992, on the day on which the request and all the information required to be provided is received by the Commissioner.

Notes

Section 268 heading: amended, on 26 April 2005, by section 3 of the Child Support Amendment Act 2005 (2005 No 6).