Section 148 — Family Proceedings Act 1980: Effect in New Zealand of confirmation overseas of provisional order

148 Effect in New Zealand of confirmation overseas of provisional order (1) On the confirmation of an order made under section 147 of this Act, the order shall, in the form in which it is confirmed, for all the purposes of New Zealand law become an order of the District Court that made the provisional order as if the order had been made under this Act. (2) Subject to subsection (3) of this section, an order of variation made in New Zealand relating to a maintenance order so confirmed shall be provisional only and of no effect unless and until confirmed in the same manner as the original order. (3) Subsection (2) of this section shall not apply— (a) Where the respondent is residing in New Zealand at the time of the variation; or (b) Where the order of variation is only an order remitting arrears. (4) Subsections (5) to (9) of section 147 of this Act shall apply to a provisional order of variation made in New Zealand. (5) A certified copy of an order discharging or suspending the original order or varying it, where the only variation is the remission of arrears, shall be sent by the Court to the Secretary for transmission to the country in which the original order was confirmed. Compare: 1968 No 62 s 74 Subsection (5) 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 ” .