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Family Proceedings Act 1980

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

139: Confirmation of provisional orders affecting New Zealand maintenance orders

You could also call this:

"Confirming overseas orders that change New Zealand child support"

Illustration for Family Proceedings Act 1980

If a court in another country makes a provisional order that affects a New Zealand maintenance order, you need to know what happens next. This order has no effect until it is confirmed in New Zealand. The order can cancel, change or stop a maintenance order made in New Zealand. When a certified copy of the order and witness statements are sent to the Secretary, they are then sent to the District Court in New Zealand. The District Court will then issue summonses to the people the Judge directs. If the people summoned do not appear in court, or if they do appear but cannot show the court that the order should not be confirmed, the court may confirm the order. No maintenance order for a married or civil union couple can be confirmed unless the court is satisfied that a similar order could have been made in New Zealand. If an order is confirmed with changes, it will have effect as confirmed. An order that is confirmed will have effect as if it was made under New Zealand law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM41425.

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138: Confirmation of provisional orders made in Commonwealth or designated countries, or

"Confirming overseas maintenance orders in New Zealand"

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139A: Variation overseas of maintenance agreements registered in New Zealand, or

"Changing a maintenance agreement from overseas that is registered in New Zealand"

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

139Confirmation of provisional orders affecting New Zealand maintenance orders

  1. This section shall apply to any order that—

  2. has been made provisionally only by a court in a Commonwealth or designated country; and
    1. has no effect unless and until confirmed in New Zealand; and
      1. cancels, varies, or suspends a maintenance order that is made in New Zealand and is registered or confirmed in that Commonwealth or designated country.

        1. Where a certified copy of any order to which this section applies, together with the depositions of witnesses, has been transmitted to the Secretary, he shall cause those documents to be sent to the District Court in New Zealand for the hearing of proceedings for confirmation of the order.

        2. On receipt of those documents by a court, summonses shall be issued to such persons as the District Court Judge directs.

        3. Where any persons summoned under subsection (3) appear at the hearing and it appears to the court to be necessary to remit the case to the court which made the provisional order for the taking of any further evidence, the court of hearing may so remit the case, and may adjourn the proceedings for the purpose.

        4. Subject to subsection (6), if at the hearing (whether following an adjournment or otherwise) none of the persons summoned under subsection (3) appears, or if those who do appear fail to satisfy the court that the order ought not to be confirmed, the court may confirm the order either without modification or with such modifications as it thinks just.

        5. No maintenance order in respect of a party to a marriage or civil union shall be confirmed under subsection (5) unless the court is satisfied that an order similar to the order as confirmed could have been made in New Zealand under this Act.

        6. An order that has been confirmed with modifications shall for all the purposes of this Act have effect in the form in which it is confirmed.

        7. An order that is confirmed under subsection (5) shall have effect for all the purposes of New Zealand law as if it had been made under this Act.

        Notes
        • Section 139(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
        • Section 139(2): amended, on , by section 10(1) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).
        • Section 139(6): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
        • Section 139(6): amended, on , by section 10 of the Family Proceedings Amendment Act 1994 (1994 No 32).