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Family Proceedings Act 1980

Overseas maintenance - Procedure on applications from persons in Convention countries

146: Provisions where service not effected

You could also call this:

"What happens if court documents can't be delivered to someone?"

Illustration for Family Proceedings Act 1980

If the Registrar of the District Court cannot follow the service rules in section 145J(1), they will send the documents to another court office. You will get the documents if you are the Registrar at the office that is closest to where the respondent lives. The Registrar will send the documents back to the Secretary if they do not know where the respondent lives. If a Registrar gets the documents, they will follow the rules in sections 145A and 145J. The Secretary will send the documents to the authority in the Convention country if they get them back. They will also say that they do not know where the respondent lives.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM41495.

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Crime and justice > Courts and legal help
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145J: Procedures relating to applications from persons in Convention countries, or

"What happens when someone from another country applies to the court for help"

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146A: Application for maintenance of child in respect of person resident outside New Zealand, or

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Part 8Overseas maintenance
Procedure on applications from persons in Convention countries

146Provisions where service not effected

  1. Where the Registrar of the District Court is unable to comply with the requirements as to service in section 145J(1), the Registrar shall—

  2. send the documents received under section 145A to the Registrar at the office of the court that the Registrar has reason to believe is nearest to the place in New Zealand at which the respondent then resides; or
    1. send the documents received under section 145A back to the Secretary together with a statement that the present whereabouts of the respondent are unknown.

      1. Where a Registrar receives documents under subsection (1)(a), the provisions of subsection (1) and of sections 145A and 145J shall have effect accordingly.

      2. Where the Secretary receives the documents and statement referred to in subsection (1)(b), the Secretary shall transmit the documents to the responsible authority in the Convention country with a statement that the present whereabouts of the respondent are unknown.

      Notes
      • Section 146: replaced, on , by section 21 of the Family Proceedings Amendment Act 1991 (1991 No 144).
      • Section 146(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 146(1)(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 146(1)(b): amended, on , by section 10(1) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).
      • Section 146(3): amended, on , by section 10(1) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).