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Family Proceedings Act 1980

Procedure

157: Proceedings where respondent is absent from New Zealand or cannot be found

You could also call this:

"What happens if the other person is not in New Zealand or cannot be found?"

Illustration for Family Proceedings Act 1980

You are making an application to a court under the Family Proceedings Act 1980. If the person you are making the application against is not in New Zealand or cannot be found, the court can still deal with your application. The court can hear your application and make a decision as if the other person had been told about it. You can also ask the court to take steps to tell the other person about the application. The court can order that a notice be given to the other person in a newspaper or by serving a notice on their solicitor or agent. If you are asking the court to make a paternity order under section 47, the court can order that a notice be served on the other person if they are not in New Zealand but their whereabouts are known.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM41827.

Topics:
Family and relationships > Children and parentingCrime and justice > Courts and legal help
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Part 9Procedure

157Proceedings where respondent is absent from New Zealand or cannot be found

  1. Where an application is made to a court under this Act (not being an application under section 47), and it is proved to the satisfaction of the court that the respondent is absent from New Zealand or cannot be found, the court may—

  2. hear and determine the application in the same manner as if the respondent had been served with the appropriate notice of the proceedings; or
    1. order any steps to be taken to bring the proceedings to the notice of the respondent, and from time to time amend any such order.

      1. An order referred to in subsection (1)(b) may direct that notice of the proceedings be given by advertisement in any newspaper, or by the service of a notice on any solicitor or agent of the respondent or on any other person, or in any manner whatsoever.

      2. Where an application is made under section 47 for a paternity order, and it is proved to the satisfaction of the court that the respondent is absent from New Zealand and that his whereabouts are known, the court may order that notice of the proceedings be served on the respondent.

      3. Where an application is made under section 47 for a paternity order and it is proved to the satisfaction of the court that the respondent cannot be found, the court (whether the respondent is believed to be in New Zealand or elsewhere) may order any steps to be taken to bring the proceedings to the notice of the respondent, and may from time to time amend any such order.

      4. An order referred to in subsection (4) may direct that notice of the proceedings be given by advertisement in any newspaper, or by the service of a notice on any solicitor or agent of the respondent or on any other person, or in any manner whatsoever.

      5. Where the court is satisfied that an order referred to in subsection (3) or subsection (4) has been complied with and that a reasonable time has elapsed since the steps directed by the order were taken, the court may if it thinks fit hear and determine the application in the same manner as if the respondent had been served with notice of the application.

      Notes
      • Section 157(1): amended, on , by section 2 of the Family Proceedings Amendment Act 1981 (1981 No 64).