Section 157 — Family Proceedings Act 1980: Proceedings where respondent is absent from New Zealand or cannot be found

157 Proceedings where respondent is absent from New Zealand or cannot be found (1) Where an application is made to a Court under this Act (not being an application under section 47 of this Act),

and it is proved to the satisfaction of the Court that the respondent is absent from New Zealand or cannot be found, the Court may— (a) Hear and determine the application in the same manner as if the respondent had been served with the appropriate notice of the proceedings; or (b) Order any steps to be taken to bring the proceedings to the notice of the respondent, and from time to time amend any such order. (2) An order referred to in subsection (1)(b) of this section may direct that notice of the proceedings be given by advertisement in any newspaper, or by the service of a notice on any solicitor or agent of the respondent or on any other person, or in any manner whatsoever. (3) Where an application is made under section 47 of this Act for a paternity order, and it is proved to the satisfaction of the Court that the respondent is absent from New Zealand and that his whereabouts are known, the Court may order that notice of the proceedings be served on the respondent. (4) Where an application is made under section 47 of this Act for a paternity order and it is proved to the satisfaction of the Court that the respondent cannot be found, the Court (whether the respondent is believed to be in New Zealand or elsewhere) may order any steps to be taken to bring the proceedings to the notice of the respondent, and may from time to time amend any such order. (5) An order referred to in subsection (4) of this section may direct that notice of the proceedings be given by advertisement in any newspaper, or by the service of a notice on any solicitor or agent of the respondent or on any other person, or in any manner whatsoever. (6) Where the Court is satisfied that an order referred to in subsection (3) or subsection (4) of this section has been complied with and that a reasonable time has elapsed since the steps directed by the order were taken, the Court may if it thinks fit hear and determine the application in the same manner as if the respondent had been served with notice of the application. Compare: 1968 No 62 s 119; 1971 No 59 s 23 Subsection (1) was amended, as from 1 October 1981, by section 2 Family Proceedings Amendment Act 1981 (1981 No 64) by omitting the words “ under Part 4 of this Act or ” .