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Child Support Act 1991

General provisions - Miscellaneous provisions

226D: Enforcement of orders made under section 226C

You could also call this:

“How the government can make someone pay back money they owe from a court order”

If a court tells someone to pay money back under section 226C, that money becomes a debt they owe to the government. The government can make them pay this debt through the District Court or High Court, just like any other court decision.

You don’t have to pay a court fee if you’re trying to get this money for the government. But the fee that would normally be charged is added to the amount the person has to pay. When the money is collected, the court will take this fee out first.

The Secretary for Justice can act for the government to collect this debt. They can do this because of a rule in the Crown Proceedings Act 1950.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6026515.

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Part 14 General provisions
Miscellaneous provisions

226DEnforcement of orders made under section 226C

  1. The amount that a party is ordered to reimburse under section 226C is a debt due to the Crown by that party and may be enforced in the District Court or the High Court, as the case may require, in the same manner as a judgment of that court.

  2. Despite section 219 or 230 of the District Court Act 2016 or section 156 of the Senior Courts Act 2016, no court fee is payable by a person who seeks to enforce, on behalf of the Crown, an order referred to in subsection (1), but the fee that would otherwise be payable—

  3. is to be added to the amount sought to be enforced; and
    1. must be paid to the Registrar of the court out of any proceeds that result from the enforcement.

      1. For the purposes of section 14(1)(b) of the Crown Proceedings Act 1950, the Secretary for Justice may, on behalf of the Crown, enforce a debt under this section.

      Notes
      • Section 226D: inserted, on , by section 5 of the Child Support Amendment Act (No 3) 2013 (2013 No 75).
      • Section 226D(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 226D(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 226D(2): amended, on , by section 183(b) of the Senior Courts Act 2016 (2016 No 48).