Family Proceedings Act 1980
Sections and provisions with full text and the judgments that cite each one.
Section 138 — Confirmation of provisional orders made in Commonwealth or designated countries
138 Confirmation of provisional orders made in Commonwealth or designated countries (1) This section shall apply— (a) To a maintenance order; and (b) To an order varying a maintenance order where…
Section 139 — Confirmation of provisional orders affecting New Zealand maintenance orders
139 Confirmation of provisional orders affecting New Zealand maintenance orders (1) This section shall apply to any order that— (a) Has been made provisionally only by a Court in a Commonwealth or…
Section 139A — Variation overseas of maintenance agreements registered in New Zealand
139A Variation overseas of maintenance agreements registered in New Zealand (1) This section shall apply to any order that— (a) Has been made provisionally only by a Court in a Commonwealth or…
Section 140 — Rehearings and appeals in respect of confirmation of order
140 Rehearings and appeals in respect of confirmation of order Sections 173 and 174 of this Act shall apply to the confirmation of an order or the refusal to confirm any order under section 138 or…
Section 141 — Effect of registration or confirmation of order made in Commonwealth or designated country
141 Effect of registration or confirmation of order made in Commonwealth or designated country (1) An order that has been registered in New Zealand, and an order (including an order of variation)…
Section 142 — Discharge or variation of registered or confirmed order
142 Discharge or variation of registered or confirmed order (1) If a maintenance order has been registered or confirmed in New Zealand, a District Court may, at any time, on the application of any…
Section 142A — Definition of child maintenance order
142A Definition of child maintenance order In sections 142B to 142E , child maintenance order means a maintenance order that— (a) provides for the payment by any person of a periodical sum of money…
Section 142B — Discharge, variation, etc, of child maintenance order
142B Discharge, variation, etc, of child maintenance order (1) A District Court may, at any time, on the application of any person, make any of the following orders: (a) an order discharging a child…
Section 142C — Conditions relating to variation of child maintenance order
142C Conditions relating to variation of child maintenance order (1) An application for a variation of a child maintenance order must be dealt with as if the maintenance order had been made in New…
Section 142D — Payment of arrears on child maintenance orders
142D Payment of arrears on child maintenance orders (1) All arrears due under a child maintenance order at the time when it is discharged or otherwise ceases to have effect are recoverable by the…
Section 142E — Court may make provisional order discharging, etc, child maintenance order
142E Court may make provisional order discharging, etc, child maintenance order (1) If it appears to the Court, on an application under section 142B , that the order it proposes to make is one that,…
Section 142F — Copies of orders to be forwarded to Commissioner
142F Copies of orders to be forwarded to Commissioner If a Court makes an order under any of sections 142 to 142E , the Registrar or other responsible officer of the Court must, within 14 days after…
Section 143 — Steps to be taken by Secretary if respondent not residing in New Zealand
143 Steps to be taken by Secretary if respondent not residing in New Zealand (1) If a maintenance order made by a Court in a Commonwealth or designated country has been registered or confirmed in New…
Section 144 — Certificate by Secretary of External Relations and Trade
144 Certificate by Secretary of External Relations and Trade In any proceedings under this Part of this Act, a certificate signed by the Secretary of Foreign Affairs and Trade or by a Deputy…
Section 145 — Applications for maintenance by applicants residing in Convention countries
145 Applications for maintenance by applicants residing in Convention countries Where the Secretary receives from the responsible authority in a Convention country— (a) An application by a person who…
Section 145A — Treatment of applications for maintenance by applicants residing in Convention countries
145A Treatment of applications for maintenance by applicants residing in Convention countries Where a Registrar of a District Court receives from the Secretary an application under this section, the…
Section 145B — Interpretation
145B Interpretation In this Part of this Act, a reference to a parent of a child includes a reference— (a) To a natural or adoptive parent of the child; and (b) In the case of a child of the marriage…
Section 145C — Maintenance of children
145C Maintenance of children (1) Each parent of a child is liable to maintain the child— (a) Until the child attains the age of 16 years; and (b) Where it appears to the Court to be in the best…
Section 145D — Limitations on liability as father
145D Limitations on liability as father (1) No person who is not married to, or in a civil union with, the mother of a child, and has never been married to, or in a civil union with, the mother, or…
Section 145E — Applications for maintenance orders in respect of children
145E Applications for maintenance orders in respect of children An application for a maintenance order in respect of a child may be made only— (a) By a parent against another parent; or (b) By a…
Section 145F — Power of Court to make maintenance orders in respect of children
145F Power of Court to make maintenance orders in respect of children Every application under section 145A(b) of this Act shall be heard and determined in a Family Court. Sections 145A to 145J were…
Section 145G — Maintenance orders in respect of children
145G Maintenance orders in respect of children (1) On hearing an application under section 145A(b) of this Act, a Family Court may, subject to subsections (2) and (9) of this section, make any one or…
Section 145H — Contributions by other parent
145H Contributions by other parent (1) Where an application is made under section 145E(a) of this Act against a parent of a child— (a) That parent may join another person as a respondent in the…
Section 145I — Interim maintenance
145I Interim maintenance (1) Where an application for a maintenance order or for the variation, extension, suspension, or discharge of a maintenance order has been filed, any District Court Judge may…
Section 145J — Procedures relating to applications from persons in Convention countries
145J Procedures relating to applications from persons in Convention countries (1) After fixing a date and time of hearing in respect of the application, the Registrar shall cause to be served on the…
Section 146 — Provisions where service not effected
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)…
Section 146A — Application for maintenance of child in respect of person resident outside New Zealand
146A Application for maintenance of child in respect of person resident outside New Zealand (1) An application may be made to the Family Court for a provisional maintenance order in respect of a…
Section 147 — 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…
Section 148 — 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,…
Section 149 — Transmission of applications by New Zealand residents to Convention countries
149 Transmission of applications by New Zealand residents to Convention countries (1) Where a person in New Zealand— (a) Claims to be entitled to recover in a Convention country maintenance from…
Section 150 — Taking of evidence
150 Taking of evidence (1) Where in any proceedings under this Part of this Act, the evidence of any person is to be taken beyond New Zealand, that evidence may be taken in accordance with the rules…
Section 151 — Proof of documents
151 Proof of documents (1) For the purposes of this Part of this Act, a document purporting to be signed by a Judge, District Court Judge, or officer of a Court in a Commonwealth country or…
Section 152 — Depositions to be evidence
152 Depositions to be evidence Depositions taken for the purposes of this Part of this Act in a Court in a Commonwealth country or designated country or Convention country may be received in evidence…
Section 153 — Conversion of currency
153 Conversion of currency (1) Where the sum or sums ordered to be paid under a maintenance order which is registered or confirmed in New Zealand under this Part of this Act are expressed in a…
Section 154 — Certificate of Registrar
154 Certificate of Registrar In any proceedings under or for the purposes of this Part of this Act, a certificate purporting to be signed by the Registrar of a Court or any similar officer of a…
Section 155 — Applications by agents
155 Applications by agents (1) A person who may apply for a maintenance order under this Act may do so by an agent authorised in writing by that person. (2) If a person is incapable of authorising an…
Section 156 — Service on disabled person
156 Service on disabled person (1) Where a person against whom an order is sought under this Act (other than an order under Part 4 of this Act) is a person whose estate is being administered by…
Section 157 — 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…
Section 158 — Proceedings by or against minors
158 Proceedings by or against minors A minor may bring and continue or defend any proceedings under this Act, and an order made under this Act against a minor shall be binding on and may be enforced…
Section 159 — Conduct of proceedings
159 Conduct of proceedings (1) The business of Courts and of Judges shall, so far as is consistent with the due despatch of business, be arranged in such manner as may be necessary for the separating…
Section 160 — Applications may be heard together
160 Applications may be heard together (1) An application under this Act may be joined with an application under the Care of Children Act 2004 or under the Property (Relationships) Act 1976 , and,…
Section 161 — Intervention
161 Intervention In any proceedings under Part 4 of this Act, the Attorney-General shall, if the Court so requests, appear and argue any question of law or of fact arising in the proceedings, and may…
Section 162 — Appointment of barrister or solicitor to assist Court or represent children
162 Appointment of barrister or solicitor to assist Court or represent children (1) In any proceedings under this Act (not being criminal proceedings) a Court may, if the Court is satisfied that it…
Section 163 — Vexatious proceedings
163 Vexatious proceedings (1) A District Court or Family Court may dismiss any proceedings before it under this Act if it is satisfied that they are frivolous or vexatious or an abuse of the…
Section 164 — Evidence
164 Evidence In any proceedings under this Act (other than criminal proceedings or proceedings under section 130 of this Act), and whether by way of hearing in the first instance or by way of appeal,…
Section 165 — Power of District Court or Family Court to call witnesses
165 Power of District Court or Family Court to call witnesses (1) In any proceedings before it under this Act (not being criminal proceedings) a District Court or Family Court may of its own motion…
Section 166 — Proof of certain matters
166 Proof of certain matters (1) In any proceedings under this Act, a document purporting to be the original or a certified copy of a certificate, entry, or record of a birth, death, or marriage or…
Section 167 — Standard of proof
167 Standard of proof Every question of fact arising in any proceedings under this Act (not being criminal proceedings or proceedings under section 130 of this Act) shall be decided on a balance of…
Section 168 — Claim by respondent for relief
168 Claim by respondent for relief (1) Where an application is made under this Act, the respondent may in reply claim any relief under this Act. (2) Where the Court is satisfied that the respondent…
Section 169 — Restriction of publication of reports of proceedings
169 Restriction of publication of reports of proceedings (1) Subject to subsection (2) of this section, no person shall publish any report of proceedings under this Act (other than criminal…