Section 139 — Family Proceedings Act 1980: Confirmation of provisional orders affecting New Zealand maintenance orders

139 Confirmation of provisional orders affecting New Zealand maintenance orders (1) This section shall apply to any order that— (a) Has been made provisionally only by a Court in a Commonwealth or designated country; and (b) Has no effect unless and until confirmed in New Zealand; and (c) Cancels, varies, or suspends a maintenance order that is made in New Zealand and is registered or confirmed in that Commonwealth or designated country. (2) Where a certified copy of any order to which this section applies, together with the depositions of witnesses, has been transmitted to the Secretary, he shall cause those documents to be sent to a District Court in New Zealand for the hearing of proceedings for confirmation of the order. (3) On receipt of those documents by a Court, summonses shall be issued to such persons as the District Court Judge directs. (4) Where any persons summoned under subsection (3) of this section appear at the hearing and it appears to the Court to be necessary to remit the case to the Court which made the provisional order for the taking of any further evidence, the Court of hearing may so remit the case, and may adjourn the proceedings for the purpose. (5) Subject to subsection (6) of this section, if at the hearing (whether following an adjournment or otherwise) none of the persons summoned under subsection (3) of this section appears, or if those who do appear fail to satisfy the Court that the order ought not to be confirmed, the Court may confirm the order either without modification or with such modifications as it thinks just. (6) No maintenance order in respect of a party to a marriage or civil union shall be confirmed under subsection (5) of this section unless the Court is satisfied that an order similar to the order as confirmed could have been made in New Zealand under this Act. (7) An order that has been confirmed with modifications shall for all the purposes of this Act have effect in the form in which it is confirmed. (8) An order that is confirmed under subsection (5) of this section shall have effect for all the purposes of New Zealand law as if it had been made under this Act. Compare: 1968 No 62 s 65 Subsection (2) was amended, as from 1 July 1995, by section 10(1) Department of Justice (Restructuring) Act 1995 (1995 No 39) by omitting the words “ for Justice ” . Subsection (6) was amended, as from 1 July 1994, by section 10 Family Proceedings Amendment Act 1994 (1994 No 32) by substituting the words “ No maintenance order in respect of a party to a marriage ” for the words “ No order ” . Subsection (6) was amended, as from 26 April 2005, by section 44(1) Civil Union Act 2004 (2004 No 102) by inserting the words “ or civil union ” after the word “ marriage ” .