Section 147 — Family Proceedings Act 1980: Provisional orders for confirmation overseas

147 Provisional orders for confirmation overseas (1) On an application to a District Court in New Zealand for a maintenance order against a person who is proved— (a) To be resident in a country outside New Zealand; or (b) To have left New Zealand with the intention of residing in a country outside New Zealand— the Court may, in the absence of that person, where after hearing the evidence it is satisfied of the truth of the matters stated in the application, make a provisional order which shall have no effect unless and until confirmed by a competent Court in a place outside New Zealand. (2) Where a District Court in New Zealand has notice that a maintenance order made in New Zealand has been registered in a country outside New Zealand and it appears that the respondent is not resident in New Zealand, the Court may, in any case where it has ground to make an order varying or extending the maintenance order, make instead a provisional order which shall have no effect unless and until confirmed by a competent Court in a place outside New Zealand. (3) No provisional order shall be made under this section unless— (a) It appears to the New Zealand Court that the order is one which may be confirmed under the law of the country in which the respondent resides or intends to reside; and (b) In the case of a maintenance order in respect of a party to a marriage or civil union, the order could have been made as a final order if notice of an application had been duly served on the respondent and he had failed to appear at the hearing. (4) [Repealed] (5) The evidence of every witness who is examined on any application under this section shall be put into writing, and the deposition shall be read over to and signed by the witness. (6) Where an order is made under this section, the Court shall send to the Secretary, for transmission to the country in which the respondent resides— (a) The depositions so taken; and (b) A certified copy of the order; and (c) A statement of the grounds on which the making of the order might have been opposed if the respondent had been duly served with notice of the application and had appeared at the hearing; and (d) Such information as the Court possesses for facilitating the identification of the respondent and ascertaining the respondent's whereabouts. (7) Where an order under this section has been remitted by the Court before which it has come for confirmation to the New Zealand Court that made the order for the purpose of taking further evidence, the last-mentioned Court or any other District Court may proceed to take the evidence in the same manner and subject to the same conditions as the evidence in support of the original application was taken. (8) Where, on the hearing of such evidence, it appears to the Court that the provisional order ought not to have been made or that a different provisional order should have been made,— (a) The Court may discharge the provisional order or, as the case may be, may discharge the provisional order and make a fresh provisional order in its stead; and (b) Except where the Court discharges the order, the depositions shall be dealt with in the same manner as the original depositions. (9) Section 174 of this Act shall apply to the refusal to make a provisional order under this section or the discharge of such an order under subsection (8) of this section. (10) Nothing in this section shall limit the jurisdiction of a New Zealand Court to make an order under section 157 of this Act against a person who is absent from New Zealand. Compare: 1968 No 62 s 73 Subsection (3)(b) was amended, as from 1 July 1994, by section 12 Family Proceedings Amendment Act 1994 (1994 No 32) by inserting the words “ In the case of a maintenance order in respect of a party to a marriage, ” . Subsection (3)(b) 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 ” . Subsection (4) was repealed, as from 1 July 1992, by section 22 Family Proceedings Amendment Act 1991 (1991 No 144). Subsection (6) 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 ” .