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StatuteFamily Proceedings Act 1980

Section 93 — Family Proceedings Act 1980: Person to whom money payable under maintenance order

Text of the provision Official document

93 Person to whom money payable under maintenance order (1) The money payable under a maintenance order shall, unless a direction of the Court otherwise requires, be payable to the Commissioner of Inland Revenue in accordance with the Child Support Act 1991 . (2) A Court may, on or at any time after making a maintenance order, direct that the money payable under the order shall be paid— (a) To or on behalf of the person for whose maintenance the order is made; or (b) To any account in a trading or savings bank standing in the name of any such person; or (c) To any other person. (3) All such money shall be payable in accordance with the tenor of the order. (4) The Court may from time to time vary or revoke any direction given by it under this section. (5) A maintenance order providing for the payment of a lump sum may direct that the money be paid to Public Trust, or to any other trustee approved by the Court, to be held and dealt with by Public Trust or the trustee in accordance with the order. (6) The receipt of the trustee, or of any person authorised by the trustee in that behalf, shall be a complete discharge to the person paying the same for any money paid to the trustee pursuant to any order under subsection (5) of this section. (7) Public Trust must invest all money paid to it under an order under subsection (5) in its common fund, and must apply that money and the income arising from it in accordance with the order. (8) Proceedings for the enforcement of a maintenance order in respect of which an order is made under subsection (5) of this section may be taken by the person who would have been entitled to take such proceedings if the order under that subsection had not been made, and not by the trustee. (9) In this section trustee includes Public Trust. Compare: 1968 No 62 ss 78, 79; 1971 No 59 s 13(1) Subsection (1) was substituted, as from 1 July 1992, by section 15 Family Proceedings Amendment Act 1991 (1991 No 144). See section 259 Child Support Act 1991 (1991 No 142) as to savings in respect of outstanding maintenance liabilities. Subsection (5) was substituted, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100). See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11). Subsection (7) was substituted, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100). See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11). Subsection (9) was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting the words “ Public Trust ” for the words “ the Public Trustee ” . See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).

Official source: legislation.govt.nz

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