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StatuteFamily Proceedings Act 1980

Section 146 — Family Proceedings Act 1980: Provisions where service not effected

Text of the provision Official document

146 Provisions where service not effected (1) Where the Registrar of a District Court is unable to comply with the requirements as to service in section 145J(1) of this Act, the Registrar shall— (a) Send the documents received under section 145A of this Act to the Registrar of any other District Court which the Registrar has reason to believe is nearest to the place in New Zealand at which the respondent then resides; or (b) Send the documents received under section 145A of this Act back to the Secretary together with a statement that the present whereabouts of the respondent are unknown. (2) Where a Registrar receives documents under subsection (1)(a) of this section, the provisions of subsection (1) of this section and of sections 145A and 145J of this Act shall have effect accordingly. (3) Where the Secretary receives the documents and statement referred to in subsection (1)(b) of this section, the Secretary shall transmit the documents to the responsible authority in the Convention country with a statement that the present whereabouts of the respondent are unknown. Section 146 was substituted, as from 1 July 1992, by section 21 Family Proceedings Amendment Act 1991 (1991 No 144). Subsections (1)(b) and (3) were 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 ” .

Official source: legislation.govt.nz

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