Family Proceedings Act 1980

Procedure

162C: Order requiring reimbursement of costs payments

You could also call this:

"Paying back costs to the court if you got a free lawyer"

Illustration for Family Proceedings Act 1980

If the court orders you to pay costs, you must reimburse the Crown for a certain amount. The court decides how much you pay based on what the Crown paid for your lawyer's fees. You pay an equal share of the costs with the other party. The court can decide not to make you pay if it would cause you or your dependent child serious hardship. Serious hardship means you cannot afford basic living expenses, medical treatment, or education for your child. It does not include not being able to afford expensive things or entertainment. The court can also change the amount you pay if it thinks it is unfair. You can find out more about the prescribed proportion by looking at the regulations made under section 147 of the Care of Children Act 2004 for the purposes of section 135A of that Act. The court considers your circumstances, including your conduct, when deciding how much you pay. You must pay your share of the costs if the court orders you to do so, unless the court decides otherwise. The court's decision is based on the rules and regulations, including those found in section 162B(4), section 162, and section 162A.

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This page was last updated on 26 November 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6029207.

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162B: Fees and expenses of lawyer appointed under section 162 or 162A, or

"Paying for a lawyer in family court cases"

162D: Enforcement of orders made under section 162C, or

"Making sure people follow court orders about money"

Part 9Procedure

162COrder requiring reimbursement of costs payments

An order referred to in section 162B(4) must require the parties to reimburse to the Crown the prescribed proportion of the amount paid by the Crown, under section 162B(1)(b), in respect of the fees and expenses of a lawyer appointed under section 162 or 162A.
Despite subsection (1), the court may decline to make an order against a party if satisfied that the order would cause serious hardship to the party or to a dependent child of the party.
Each party against whom an order is made under subsection (1) must pay an equal share of the prescribed proportion.
Despite subsection (3), if the court is satisfied that, in view of the circumstances of the case, including the conduct of any party, it would be inappropriate to require a party to pay the amount payable in accordance with that subsection, the court may substitute, for that party, a different amount not exceeding the prescribed proportion.
In this section,—
dependent child, in relation to a party, means a child whose day-to-day care is substantially the responsibility of the party
prescribed proportion means the same proportion that is prescribed by regulations made under section 147 of the Care of Children Act 2004 for the purposes of section 135A of that Act
serious hardship, in relation to a party or a dependent child of the party,—
1. includes significant financial difficulties that arise because of—
  1. the party's inability to meet minimum living expenses according to normal community standards; or
  2. the cost of medical treatment for an illness or injury of the party or a dependent child of the party; or
  3. a serious illness suffered by the party or by a dependent child of the party; or
  4. the cost of education for a dependent child of the party:
2. does not include significant financial difficulties that arise because—
  1. the social activities and entertainment of the party or those of a dependent child of the party may be limited; or
  2. the party is unable to afford goods or services that are expensive or of a high quality or standard according to normal community standards.

Notes

Section 162C: inserted, on 31 March 2014, by section 8 of the Family Proceedings Amendment Act (No 2) 2013 (2013 No 80).