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Family Proceedings Act 1980

Overseas maintenance - Discharge or variation of overseas maintenance order

142: Discharge or variation of registered or confirmed order

You could also call this:

"Changing a maintenance order that is registered in New Zealand"

Illustration for Family Proceedings Act 1980

If a maintenance order is registered or confirmed in New Zealand, you can ask the District Court to change it. The court can make different types of orders, such as discharging or varying the maintenance order. You can find more information about the types of orders the court can make under section 99. If the court thinks the order it wants to make might be confirmed by the country where the maintenance order was made, it must make a provisional order instead. A provisional order does not take effect until it is confirmed by a court in the country where the maintenance order was originally made. When the court makes a provisional order, it must follow certain rules, such as sending a statement of the grounds for the order, as outlined in section 147(5) to (9). If you apply to change a maintenance order that was made outside New Zealand, the court will deal with your application as if the order was made in New Zealand. The court can also send the case back to the court that made the original order to gather more evidence. You can ask the court to substitute a new order for the registered or confirmed order if you and the other person involved are living in New Zealand. The court can make this type of order if it thinks it is fair, even if it would not normally have the power to make an order under section 99. When you make an application to change a maintenance order, you must give notice to the people the court tells you to. This section does not apply to child maintenance orders, which are defined in section 142A.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM41436.

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Part 8Overseas maintenance
Discharge or variation of overseas maintenance order

142Discharge or variation of registered or confirmed order

  1. If a maintenance order has been registered or confirmed in New Zealand, the District Court may, at any time, on the application of any person, make any of the following orders under section 99:

  2. an order discharging a maintenance order:
    1. an order varying a maintenance order:
      1. an order suspending the operation of a maintenance order for the purposes of New Zealand law:
        1. an order remitting or suspending arrears due under a maintenance order for the purposes of New Zealand law:
          1. an order varying or extending an order for the giving of security for the payment of maintenance (whether by altering the term of the order, or the nature of any security, or by increasing or diminishing the amount of any security, or otherwise):
            1. an order discharging an order for the giving of security for the payment of maintenance.

              1. If the court makes an order referred to in subsection (1)(d),—

              2. the remittance or suspension may be in respect of all or any part of the arrears; and
                1. the remittance or suspension may be in respect of any maintenance order, whether or not it has ceased to be in force; and
                  1. any suspension may be on any terms and conditions that the court specifies.

                    1. This section does not apply to a child maintenance order (as defined in section 142A).

                    2. If it appears to the court, on an application under subsection (1), that the order it proposes to make is one that, if made provisionally, may be confirmed under the law of the country in which the maintenance order was made, the New Zealand court must, instead of making the proposed order, make a provisional order.

                    3. Repealed

                    4. A provisional order has no effect unless and until it is confirmed by a competent court in the country in which the maintenance order was originally made.

                    5. Where the court makes a provisional order under subsection (2), section 147(5) to (9) apply, except that the court must, instead of sending the statement referred to in section 147(6)(c), send a statement of the grounds on which the provisional order has been made.

                    6. Where a person makes an application under subsection (1) in respect of a maintenance order registered in New Zealand, for a variation of the order under section 99, the application shall be dealt with as if the maintenance order had been made under this Act on the date when it was made outside New Zealand.

                    7. Where, on the hearing of an application under subsection (1), it appears to the court to be necessary to remit the case to the court that made the maintenance order for the purpose of taking any further evidence, the court may so remit the case and adjourn the proceedings for the purpose.

                    8. Where a maintenance order has been either registered or confirmed in New Zealand, and at any time thereafter the person in whose favour the order was made and the respondent are resident in New Zealand, the District Court may on the application of any person make an order under section 99 substituting a new order for the registered or confirmed order.

                    9. An order under subsection (5) may be made in any case where the court considers it just, whether or not there would be jurisdiction to make an order by reason of section 99.

                    10. On an application under this section, notice of the application shall be given to such person or persons as the court directs.

                    Notes
                    • Section 142(1): replaced, on , by section 5 of the Family Proceedings Amendment Act 2000 (2000 No 66).
                    • Section 142(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                    • Section 142(1A): inserted, on , by section 5 of the Family Proceedings Amendment Act 2000 (2000 No 66).
                    • Section 142(1B): inserted, on , by section 5 of the Family Proceedings Amendment Act 2000 (2000 No 66).
                    • Section 142(2): replaced, on , by section 21 of the Family Proceedings Amendment Act 2008 (2008 No 79).
                    • Section 142(2): amended, on , by section 138(1) of the Courts Matters Act 2018 (2018 No 50).
                    • Section 142(2A): repealed, on , by section 138(2) of the Courts Matters Act 2018 (2018 No 50).
                    • Section 142(2B): inserted, on , by section 21 of the Family Proceedings Amendment Act 2008 (2008 No 79).
                    • Section 142(2C): inserted, on , by section 21 of the Family Proceedings Amendment Act 2008 (2008 No 79).
                    • Section 142(5): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).