Family Proceedings Act 1980

  • Warning: Some amendments have not yet been incorporated
  • This version was reprinted on 24 May 2016 to make corrections to sections 31(1), (1)(a), (1)(a)(ii), 51(1), 54(1), (2), 145H(1), (2), 147(6), 149(1)(b), 155(2), 156(1), and 172 under section 25(1)(j)(ii) and (iv) of the Legislation Act 2012.

Reprint as at 31 March 2014

Coat of Arms of New Zealand

Family Proceedings Act 1980

Public Act
 
1980 No 94
Date of assent
 
21 January 1981
Commencement
 
see section 1(2), (3)
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice.

Contents

Title
1Short Title and commencement
2Interpretation
3Act to bind the Crown
4Jurisdiction of courts
5Marriage or civil union guidance or counselling organisations [Repealed]
6Maintenance officers [Repealed]
7Functions of maintenance officers [Repealed]
[Repealed]
7ADefinition of marriage [Repealed]
8Duty of legal advisers to promote reconciliation and conciliation [Repealed]
[Repealed]
9Requests for counselling [Repealed]
10Counselling where proceedings commenced [Repealed]
11Reference to counsellor [Repealed]
12Duty on counsellors [Repealed]
12ANumber of sessions of counselling [Repealed]
12BCounselling fees and expenses [Repealed]
[Repealed]
13Mediation conference [Repealed]
14Procedure at mediation conference [Repealed]
15Power of chairperson to make consent orders [Repealed]
16Proceedings after mediation conference [Repealed]
17Power to require attendance for counselling or mediation [Repealed]
18Privilege [Repealed]
19Duty of courts as to reconciliation and conciliation [Repealed]
19ACircumstances where joint counselling not to be required [Repealed]
20Application for separation order
21Power of Family Court to make separation order
22Grounds for separation order
23Effect of separation order
24Discharge of separation order on resumption of cohabitation
25Discharge of separation order by court
26Effect of separation order on property rights
27Application for declaration as to validity of marriage or civil union
28Power of Family Court to make declaration as to validity of marriage or civil union
29Application for order declaring marriage or civil union void
30Power of Family Court to make order declaring marriage or civil union void
31Grounds on which marriage or civil union void
32Application for declaration of presumption of death
33Power of Family Court to make declaration of presumption of death
34Grounds for making declaration of presumption of death
35Evidence of death
36Application of other provisions
37Application for dissolution of marriage or civil union
38Power to make order for dissolution
39Grounds for dissolution
40Effect of resumption of cohabitation
41Effect of sexual connection without resumption of cohabitation
42Orders dissolving marriage or civil union
43Entering new relationship after dissolution
44Recognition of overseas orders
45Arrangements for welfare of children on dissolution
46Reports as to children
47Applications for paternity orders
48Jurisdiction to establish paternity
49Time limit on applications for paternity orders
50Power of Family Court to make paternity orders
51Paternity orders
52Evidence of mother
53False statement in application for paternity order
54Parentage tests
55Contents of report
56Right of examination
57Refusal of parentage tests
58Costs of parentage tests
59Offences relating to parentage tests
60Interpretation
61Application of principles
62Domestic benefit irrelevant
63Maintenance during marriage or civil union
64Maintenance after marriage or civil union dissolved or de facto relationship ends
64ASpouses, civil union partners, or de facto partners must assume responsibility for own needs within reasonable time
65Assessment of maintenance payable to spouse, civil union partner, or de facto partner
66Relevance of conduct to maintenance of spouses, civil union partners, or de facto partners
67Application by either spouse or civil union partner for maintenance during marriage or civil union
68Power of Family Court to make maintenance order in favour of either spouse or civil union partner
69Maintenance order in favour of either spouse or civil union partner
70Order for maintenance after marriage or civil union dissolved or de facto relationship ends
70AEffect of entering into new marriage or civil union or de facto relationship
70BRestriction on maintenance orders in favour of de facto partners
71Time limit for applying for order against estate of deceased party
[Repealed]
72Maintenance of children [Repealed]
73Limitations on liability as father [Repealed]
74Applications for maintenance orders in respect of children [Repealed]
75Power of Family Court to make maintenance orders in respect of children [Repealed]
76Maintenance orders in respect of children [Repealed]
77Contributions by other parent [Repealed]
78Related orders
79Application for maintenance order against natural parent
80Power of Family Court to make maintenance orders against natural parent
81Maintenance order against natural parent
82Interim maintenance
[Repealed]
83Registration of maintenance agreements [Repealed]
84Effect of registration [Repealed]
85Maintenance agreements to bind parties [Repealed]
86Registered agreement to operate as bar to order [Repealed]
87Enforcement of agreement in respect of child over 16 [Repealed]
88Enforcement against estate of deceased person [Repealed]
89Recovery of arrears on cessation of agreement [Repealed]
90Setting aside and cancelling of registration [Repealed]
91Reports as to maintenance
92Discretion of court as to orders
93Person to whom money payable under maintenance order
93ACopy of order to be sent to Commissioner of Inland Revenue
94Dissolution not to affect maintenance order
95Maintenance where order refused
96Maintenance order in favour of mentally disordered person
97Security for maintenance
98Apportionment of maintenance payments
99Discharge, variation, and suspension of maintenance orders
100Restriction on payment of maintenance in advance
101Orders enforceable under Child Support Act 1991
101ADeductions from benefits [Repealed]
101BPower to issue deduction notices under Social Security Act 1964
102Bankruptcy [Repealed]
103Warrant of distress [Repealed]
104Deductions from wages for payment of maintenance [Repealed]
[Repealed]
105Attachment orders [Repealed]
106Attachment order to be served on employer [Repealed]
107Effect of attachment orders [Repealed]
108Liability of employer [Repealed]
109Variation, suspension, and discharge of attachment orders [Repealed]
[Repealed]
110Deduction notices [Repealed]
111Effect of deduction notices [Repealed]
111APower to issue deduction notices for arrears where maintenance order or agreement discharged or cancelled [Repealed]
112Liability of employer [Repealed]
113Protected earnings [Repealed]
114Variation or discharge of deduction notice [Repealed]
[Repealed]
115Transaction fee [Repealed]
116Wrongful treatment of employee [Repealed]
117Extent to which attachment orders and administrative notices bind the Crown [Repealed]
[Repealed]
118Charging orders [Repealed]
119Charging orders on life insurance policies [Repealed]
120Extent to which charging orders bind the Crown [Repealed]
[Repealed]
121Receiving orders [Repealed]
122Powers and duties of receiver [Repealed]
[Repealed]
123Order for enforcement of arrears under maintenance order [Repealed]
124Default under maintenance order [Repealed]
125Evidence of default [Repealed]
126Power to summon witnesses [Repealed]
127Execution of warrants [Repealed]
128Conduct of examination [Repealed]
129Orders by court [Repealed]
130Contempt procedures [Repealed]
131Application of Offenders Legal Aid Act 1954 [Repealed]
132Warrant of commitment [Repealed]
133Respondent in prison or undergoing periodic detention to be discharged on payment [Repealed]
134Arrest of respondent [Repealed]
135Designation of countries
136Registration of orders made in Commonwealth or designated countries
137Setting aside of registration of order
138Confirmation of provisional orders made in Commonwealth or designated countries
139Confirmation of provisional orders affecting New Zealand maintenance orders
139AVariation overseas of maintenance agreements registered in New Zealand
140Rehearings and appeals in respect of confirmation of order
141Effect of registration or confirmation of order made in Commonwealth or designated country
142Discharge or variation of registered or confirmed order
142ADefinition of child maintenance order
142BDischarge, variation, etc, of child maintenance order
142CConditions relating to variation of child maintenance order
142DPayment of arrears on child maintenance orders
142EProvisional order discharging, etc, child maintenance order
142FCopies of orders to be forwarded to Commissioner
143Steps to be taken by Secretary if respondent not residing in New Zealand
144Certificate by Secretary of Foreign Affairs and Trade
145Applications for maintenance by applicants residing in Convention countries
145ATreatment of applications for maintenance by applicants residing in Convention countries
145BInterpretation
145CMaintenance of children
145DLimitations on liability as father
145EApplications for maintenance orders in respect of children
145FPower of court to make maintenance orders in respect of children
145GMaintenance orders in respect of children
145HContributions by other parent
145IInterim maintenance
145JProcedures relating to applications from persons in Convention countries
146Provisions where service not effected
146AApplication for maintenance of child in respect of person resident outside New Zealand
147Provisional orders for confirmation overseas
148Effect in New Zealand of confirmation overseas of provisional order
149Transmission of applications by New Zealand residents to Convention countries
150Taking of evidence
151Proof of documents
152Depositions to be evidence
153Conversion of currency
154Certificate of Registrar
155Applications by agents
156Service on disabled person
157Proceedings where respondent is absent from New Zealand or cannot be found
158Proceedings by or against minors
159Conduct of proceedings
160Applications may be heard together
161Intervention
162Appointment of lawyer to represent child in proceedings
162AAppointment of lawyer to assist court
162BFees and expenses of lawyer appointed under section 162 or 162A
162COrder requiring reimbursement of costs payments
162DEnforcement of orders made under section 162C
163Vexatious proceedings
164Evidence [Repealed]
165Power of District Court or Family Court to call witnesses
166Proof of certain matters
167Standard of proof
168Claim by respondent for relief
169Publication of reports of proceedings
170Orders by consent
171Costs
172Dismissal of application in District Court or Family Court no bar to further proceedings
173Rehearings
174Appeals from decisions of District Courts and Family Courts
175Appeals from decisions of High Court
176Non-molestation orders [Repealed]
177Interim non-molestation orders [Repealed]
178Orders in respect of matrimonial homes and tenancies [Repealed]
179Orders in respect of matrimonial homes and tenancies where parties living apart [Repealed]
180Recovery of money from estate of deceased party
181Incidence of maintenance due by estate of deceased party
182Court may make orders as to settled property, etc
183Dispositions may be restrained
184Dispositions may be set aside
185Separation agreements by persons of unsound mind
186Court fees [Repealed]
187Regulations
188Rules of procedure
189Amendments to other enactments, and repeals
190Related amendments to Domestic Actions Act 1975
191Savings
192Transitional provisions
193Transitional provision for counselling or mediation arranged before commencement of Family Proceedings Amendment Act (No 2) 2013
194Transitional provision for proceedings commenced before commencement of Family Proceedings Amendment Act (No 2) 2013
Reprint notes

An Act to revise the law relating to matrimonial and domestic proceedings