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Family Proceedings Act 1980

Procedure

171: Costs

You could also call this:

"Who pays court costs in a family law case"

Illustration for Family Proceedings Act 1980

When you go to court under the Family Proceedings Act, the court can decide who pays costs. The court can make an order about costs as it sees fit. You can enforce an order for costs made by the District Court or the Family Court in the same way as a maintenance order. The court's decision about costs is subject to section 162B. This means the court must follow the rules in section 162B when making a decision about costs. The rules about recovering money from a maintenance order also apply to costs. You can find more information about this in section 162B, which you can read by following the link to section 162B. The court's decision about costs is important. It can affect how much you have to pay.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM41861.

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Part 9Procedure

171Costs

  1. Subject to any other provision in this Act, the court, on the hearing of any proceedings before it under this Act, may make such order as to costs as it thinks fit.

  2. An order made by the District Court or the Family Court under subsection (1) shall be enforceable in the same manner as money ordered to be paid by a maintenance order under this Act, and all the provisions of this Act as to recovery of such money shall apply.

  3. This section is subject to section 162B.

Notes
  • Section 171(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 171(3): inserted, on , by section 10 of the Family Proceedings Amendment Act (No 2) 2013 (2013 No 80).