Family Proceedings Act 1980

Procedure

162D: Enforcement of orders made under section 162C

You could also call this:

"Making sure people follow court orders about money"

Illustration for Family Proceedings Act 1980

You can enforce an order made under section 162C in the District Court or the High Court. The amount owed is a debt to the Crown and can be enforced like a court judgment. You do not have to pay a court fee to enforce this order on behalf of the Crown. You still have to pay the fee, but you add it to the amount owed and pay it from any money you get from enforcing the order. The Secretary for Justice can enforce this debt on behalf of the Crown. They can do this under section 14(1)(b) of the Crown Proceedings Act 1950, which you can find on the New Zealand legislation website https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM261944

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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).