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Family Proceedings Act 1980

Overseas maintenance - Enforcement in New Zealand of orders made in Commonwealth or designated countries

137: Setting aside of registration of order

You could also call this:

"Cancel a court order from another country"

Illustration for Family Proceedings Act 1980

You can ask the District Court to set aside the registration of an order made in another country. The court will do this if it thinks the order should not have been registered in New Zealand under section 136. You can make this application if the order applies to you. You can also ask the court to set aside the registration of an order made after an affiliation order. The court may do this if you did not appear in the proceedings and were not told about them. This can happen if you were not given a summons or notified in another way allowed by the law of the country where the order was made, as explained in section 136.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM41420.

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Crime and justice > Courts and legal helpFamily and relationships > Children and parenting
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"Registering overseas maintenance orders in New Zealand"

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Part 8Overseas maintenance
Enforcement in New Zealand of orders made in Commonwealth or designated countries

137Setting aside of registration of order

  1. Where an order is registered in the District Court in New Zealand under section 136,—

  2. if in any case the court is satisfied, on the application of the person against whom the order applies, that the order is not an order to which that section applies, the court shall set aside the registration of the order; or
    1. if in the case of an order that is made in or consequent on an affiliation order the court, on the application of the person against whom the order applies, is satisfied—
      1. that that person did not appear in the proceedings in which the affiliation order was made; and
        1. that the proceedings were not duly brought to that person's notice (either by the service of a summons on that person or by any other method permitted by the law of the country in which the affiliation order was made),—
          2. the court may set aside the registration of the order.

        Notes
        • Section 137: amended, on , by section 261 of the District Court Act 2016 (2016 No 49).