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Family Proceedings Act 1980

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

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

You could also call this:

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

Illustration for Family Proceedings Act 1980

You have an order from a court in a Commonwealth or designated country. This order changes a maintenance agreement that is registered in New Zealand. The order has no effect until it is confirmed in New Zealand. You need to follow the same rules as another section of the law, which is section 139. This applies to any order that changes a maintenance agreement registered in New Zealand. The rules from section 139 will be used for these orders. The order must meet certain conditions, such as being made provisionally by a court in a Commonwealth or designated country. It must also cancel, vary, or suspend a maintenance agreement that is registered in New Zealand. The maintenance agreement must be registered in the Commonwealth or designated country as well.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM41429.

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Family and relationships > Children and parentingCrime and justice > Courts and legal help
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139: Confirmation of provisional orders affecting New Zealand maintenance orders, or

"Confirming overseas orders that change New Zealand child support"

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140: Rehearings and appeals in respect of confirmation of order, or

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

139AVariation overseas of maintenance agreements registered in New Zealand

  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 agreement that is made and registered in New Zealand (whether registered before or after the making of the provisional order) and is registered in that Commonwealth or designated country.

        1. Subsections (2) to (8) of section 139 shall apply to any order to which this section applies.

        Notes
        • Section 139A: inserted, on , by section 4 of the Family Proceedings Amendment Act (No 2) 1985 (1985 No 85).