Section 111AA — Family Law Act 1975: Maintenance obligations with New Zealand

(1) This section has effect despite anything in Part VII. (2) A court must not determine an application for payment of child or spousal maintenance (whether under this Act or the regulations) if: (a) the person seeking payment is habitually resident in New Zealand; and (b) determining the application would require the court to make a decision mentioned in Article 1.2 of the Australia-New Zealand Agreement. Note: Article 1.2 of the Agreement is as follows: For the purposes of this Agreement a decision shall include: (a) a child support assessment issued by an administrative authority; (b) an agreement to make payments for the maintenance of a child or spouse which has been registered with an administrative authority; (c) an assessment, order or agreement suspending, modifying or revoking a decision of the kind referred to in (a) or (b); (d) an order for child maintenance made by a judicial authority; (e) an order for spousal maintenance made by a judicial authority; (f) an agreement to make payments for the maintenance of a child or spouse which has been registered with a judicial authority; (g) an order or agreement suspending, modifying or revoking a decision of the kind referred to in (d), (e) or (f); (h) a liability to pay an amount to an administrative authority for the maintenance of a child or as contribution to the cost of government benefits paid to a payee for the maintenance of a child. (3) In this section: Australia-New Zealand Agreement means the Agreement between the Government of Australia and the Government of New Zealand on Child and Spousal Maintenance signed at Canberra on 12 April 2000.