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Family Proceedings Act 1980

Maintenance of spouses and de facto partners - Miscellaneous provisions as to maintenance

91: Reports as to maintenance

You could also call this:

"The court can ask for a report about your money to help decide maintenance."

Illustration for Family Proceedings Act 1980

When you are in a court case about maintenance, the court can ask an officer from the department that looks after the Social Security Act 2018 to write a report. The report is about your money, what you can earn, and how you live. The officer will write the report and give it to the court. The court will give a copy of the report to your lawyer or to you if you do not have a lawyer. You can then give the court more information about what is in the report. The officer who wrote the report might have to come to court to talk about it. A Family Court Associate can do some of the same things as a Family Court Judge in these cases. The court can ask the officer to come to court to talk about the report. You can give the court more information about what is in the report.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM41209.

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Part 6Maintenance of spouses and de facto partners
Miscellaneous provisions as to maintenance

91Reports as to maintenance

  1. In any proceedings under this Act relating to maintenance, the court may request any officer of the department for the time being responsible for the administration of the Social Security Act 2018 to submit to the court a report in writing on the means, earning capacity, and economic circumstances of a party to the proceedings, and on any matter relevant thereto.

  2. The officer shall report accordingly.

  3. The Registrar of the court shall give a copy of the report to every barrister or solicitor appearing for a party in the proceedings or, in the case of a party who is not represented by a barrister or solicitor, to the party.

  4. Any party may tender evidence on any matter referred to in the report.

  5. At the request of the court, the officer making the report shall appear as a witness in respect of any matter referred to in or arising out of the report.

  6. A Family Court Associate has the jurisdiction and powers of a Family Court Judge under subsections (1) and (5).

Notes
  • Section 91(1): amended, on , by section 459 of the Social Security Act 2018 (2018 No 32).
  • Section 91(1): amended, on , by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
  • Section 91(6): inserted, on , by section 51 of the Family Court (Family Court Associates) Legislation Act 2023 (2023 No 25).