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Family Proceedings Act 1980

Overseas maintenance - Enforcement of New Zealand orders overseas

148: Effect in New Zealand of confirmation overseas of provisional order

You could also call this:

"What happens in New Zealand when a provisional family order is confirmed overseas"

Illustration for Family Proceedings Act 1980

You have a provisional order made under section 147 of the Family Proceedings Act 1980. When this order is confirmed overseas, it becomes a real order in New Zealand. It is like the order was made in a New Zealand District Court. If you want to change this order in New Zealand, you can make a new order. But this new order is not final until it is confirmed in the same way as the original order. There are some exceptions to this rule. You can make a final change to the order if the person it affects is living in New Zealand. You can also make a final change if you are just cancelling debt that is owed. If you make a new order in New Zealand, some rules from section 147 will apply. If you cancel or change the original order, the court will send a copy to the country where it was confirmed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM41808.

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147: Provisional orders for confirmation overseas, or

"Asking a New Zealand court to make a maintenance order against someone living overseas"

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Part 8Overseas maintenance
Enforcement of New Zealand orders overseas

148Effect in New Zealand of confirmation overseas of provisional order

  1. On the confirmation of an order made under section 147, the order shall, in the form in which it is confirmed, for all the purposes of New Zealand law become an order of the District Court that made the provisional order as if the order had been made under this Act.

  2. Subject to subsection (3), an order of variation made in New Zealand relating to a maintenance order so confirmed shall be provisional only and of no effect unless and until confirmed in the same manner as the original order.

  3. Subsection (2) shall not apply—

  4. where the respondent is residing in New Zealand at the time of the variation; or
    1. where the order of variation is only an order remitting arrears.

      1. Subsections (5) to (9) of section 147 shall apply to a provisional order of variation made in New Zealand.

      2. A certified copy of an order discharging or suspending the original order or varying it, where the only variation is the remission of arrears, shall be sent by the court to the Secretary for transmission to the country in which the original order was confirmed.

      Notes
      • Section 148(5): amended, on , by section 10(1) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).