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Family Proceedings Act 1980

Overseas maintenance - Transmission of applications to Convention countries

149: Transmission of applications by New Zealand residents to Convention countries

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"Getting child support from someone in another country"

Illustration for Family Proceedings Act 1980

If you live in New Zealand and want to get maintenance from someone in another country, you can apply to the Secretary. You can do this if the other person lives in a country that has agreed to help with maintenance. You will need to go through a Registrar of the District Court. You will need to fill out an application form with the Registrar's help. The Registrar will make sure your application is correct and send it to the Secretary. The Secretary will then send your application to the other country. The Secretary might ask the Registrar for more information about your application. The court must give the Secretary the information they need. You can still go to the District Court to make a claim against someone who is not in New Zealand, even if you have applied to the Secretary, as stated in section 157.

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Part 8Overseas maintenance
Transmission of applications to Convention countries

149Transmission of applications by New Zealand residents to Convention countries

  1. Where a person in New Zealand—

  2. claims to be entitled to recover in a Convention country maintenance from another person; or
    1. seeks to apply against another person for the variation, suspension, or discharge of any order or other provision in force in a Convention country for the payment of maintenance—
        1. and that other person is for the time being subject to the jurisdiction of that Convention country, the first person may apply to the Secretary, in accordance with this section, to have the first person's claim for the recovery of maintenance from that other person transmitted to that Convention country.

      1. An application to the Secretary under subsection (1) shall be made through a Registrar of the District Court, who shall—

      2. assist the applicant in completing an application that will comply with the requirements of the law and practice of the Convention country; and
        1. send the application to the Secretary, together with such other documents (if any) as are required by that law and practice.

          1. On receiving an application under this section from a Registrar, the Secretary shall transmit it, together with any accompanying documents, to the responsible authority in the Convention country, unless he is satisfied that—

          2. the application is not made in good faith; or
            1. the application does not comply with the requirements of the law applied by that Convention country.

              1. The Secretary may request a Registrar of the District Court to provide such information relating to the application as may be specified in the request, and it shall be the duty of the court to furnish the Secretary with the information that he requires.

              2. Nothing in this section shall limit the jurisdiction of the District Court to make an order under section 157 against a person who is absent from New Zealand.

              Notes
              • Section 149(1): amended, on , by section 10(1) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).
              • Section 149(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
              • Section 149(2): amended, on , by section 10(1) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).
              • Section 149(2)(b): amended, on , by section 10(1) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).
              • Section 149(3): amended, on , by section 10(1) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).
              • Section 149(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
              • Section 149(4): amended, on , by section 10(1) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).
              • Section 149(5): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).