Family Proceedings Act 1980

Procedure

162D: Enforcement of orders made under section 162C

You could also call this:

"Paying back money you owe to the government"

Illustration for Family Proceedings Act 1980

If you are ordered to pay money under section 162C, you owe that money to the Crown. You can be made to pay this debt in the District Court or the High Court. The court will treat this debt like a normal court judgment. When someone tries to get you to pay this debt, they do not have to pay a court fee. Instead, the fee will be added to the amount you already owe. This fee will be paid to the court from any money they get from making you pay the debt. The Secretary for Justice can take action to get you to pay this debt on behalf of the Crown. This is according to section 14(1)(b) of the Crown Proceedings Act 1950.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6029214.

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Part 9Procedure

162DEnforcement of orders made under section 162C

  1. The amount that a party is ordered to reimburse under section 162C is a debt due to the Crown by that party and may be enforced in the District Court or the High Court, as the case may require, in the same manner as a judgment of that court.

  2. Despite section 219 or 230 of the District Court Act 2016 or section 156 of the Senior Courts Act 2016, no court fee is payable by a person who seeks to enforce, on behalf of the Crown, an order referred to in subsection (1), but the fee that would otherwise be payable—

  3. is to be added to the amount sought to be enforced; and
    1. must be paid to the Registrar of the court out of any proceeds that result from the enforcement.
      1. For the purposes of section 14(1)(b) of the Crown Proceedings Act 1950, the Secretary for Justice may, on behalf of the Crown, enforce a debt under this section.

      Notes
      • Section 162D: inserted, on , by section 8 of the Family Proceedings Amendment Act (No 2) 2013 (2013 No 80).
      • Section 162D(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 162D(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).