New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 18 May 2009
| Public Act | 1980 No 94 |
| Date of assent | 21 January 1981 |
| Commencement | see section 1(2), (3) |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Ministry of Justice.
1 Short Title and commencement
5 Marriage or civil union guidance or counselling organisations
6 Maintenance officers [Repealed]
7 Functions of maintenance officers [Repealed]
7A Definition of marriage [Repealed]
8 Duty of legal advisers to promote reconciliation and conciliation
10 Counselling where proceedings commenced
12A Number of sessions of counselling
12B Counselling fees and expenses
14 Procedure at mediation conference
15 Power of chairperson to make consent orders
16 Proceedings after mediation conference
17 Power to require attendance for counselling or mediation
19 Duty of courts as to reconciliation and conciliation
19A Circumstances where joint counselling not to be required
20 Application for separation order
21 Power of Family Court to make separation order
22 Grounds for separation order
24 Discharge of separation order on resumption of cohabitation
25 Discharge of separation order by court
26 Effect of separation order on property rights
Part 4
Proceedings relating to the status of marriage or civil union
Validity of marriage or civil union
27 Application for declaration as to validity of marriage or civil union
28 Power of Family Court to make declaration as to validity of marriage or civil union
Void marriages and civil unions
29 Application for order declaring marriage or civil union void
30 Power of Family Court to make order declaring marriage or civil union void
31 Grounds on which marriage or civil union void
32 Application for declaration of presumption of death
33 Power of Family Court to make declaration of presumption of death
34 Grounds for making declaration of presumption of death
36 Application of other provisions
Dissolution of marriage or civil union
37 Application for dissolution of marriage or civil union
38 Power to make order for dissolution
40 Effect of resumption of cohabitation
41 Effect of sexual connection without resumption of cohabitation
42 Orders dissolving marriage or civil union
43 Entering new relationship after dissolution
44 Recognition of overseas orders
45 Arrangements for welfare of children on dissolution
47 Applications for paternity orders
48 Jurisdiction to establish paternity
49 Time limit on applications for paternity orders
50 Power of Family Court to make paternity orders
53 False statement in application for paternity order
Parentage tests in civil proceedings
59 Offences relating to parentage tests
Part 6
Maintenance of spouses and de facto partners
62 Domestic benefit irrelevant
Maintenance of spouses and de facto partners
63 Maintenance during marriage or civil union
64 Maintenance after marriage or civil union dissolved or de facto relationship ends
64A Spouses, civil union partners, or de facto partners must assume responsibility for own needs within reasonable time
65 Assessment of maintenance payable to spouse, civil union partner, or de facto partner
66 Relevance of conduct to maintenance of spouses, civil union partners, or de facto partners
67 Application by either spouse or civil union partner for maintenance during marriage or civil union
68 Power of Family Court to make maintenance order in favour of either spouse or civil union partner
69 Maintenance order in favour of either spouse or civil union partner
70 Order for maintenance after marriage or civil union dissolved or de facto relationship ends
70A Effect of entering into new marriage or civil union or de facto relationship
70B Restriction on maintenance orders in favour of de facto partners
71 Time limit for applying for order against estate of deceased party
[Repealed]
72 Maintenance of children [Repealed]
73 Limitations on liability as father [Repealed]
74 Applications for maintenance orders in respect of children [Repealed]
75 Power of Family Court to make maintenance orders in respect of children [Repealed]
76 Maintenance orders in respect of children [Repealed]
77 Contributions by other parent [Repealed]
Other orders related to maintenance of children
79 Application for maintenance order against natural parent
80 Power of Family Court to make maintenance orders against natural parent
81 Maintenance order against natural parent
Registration of maintenance agreements
[Repealed]
83 Registration of maintenance agreements [Repealed]
84 Effect of registration [Repealed]
85 Maintenance agreements to bind parties [Repealed]
86 Registered agreement to operate as bar to order [Repealed]
87 Enforcement of agreement in respect of child over 16 [Repealed]
88 Enforcement against estate of deceased person [Repealed]
89 Recovery of arrears on cessation of agreement [Repealed]
90 Setting aside and cancelling of registration [Repealed]
Miscellaneous provisions as to maintenance
92 Discretion of court as to orders
93 Person to whom money payable under maintenance order
93A Copy of order to be sent to Commissioner of Inland Revenue
94 Dissolution not to affect maintenance order
95 Maintenance where order refused
96 Maintenance order in favour of mentally disordered person
98 Apportionment of maintenance payments
99 Discharge, variation, and suspension of maintenance orders
100 Restriction on payment of maintenance in advance
Part 7
Enforcement of maintenance orders from 1 July 1992
101 Orders enforceable under Child Support Act 1991
101A Deductions from benefits [Repealed]
101B Power to issue deduction notices under Social Security Act 1964
102 Bankruptcy [Repealed]
103 Warrant of distress [Repealed]
104 Deductions from wages for payment of maintenance [Repealed]
[Repealed]
105 Attachment orders [Repealed]
106 Attachment order to be served on employer [Repealed]
107 Effect of attachment orders [Repealed]
108 Liability of employer [Repealed]
109 Variation, suspension, and discharge of attachment orders [Repealed]
[Repealed]
110 Deduction notices [Repealed]
111 Effect of deduction notices [Repealed]
111A Power to issue deduction notices for arrears where maintenance order or agreement discharged or cancelled [Repealed]
112 Liability of employer [Repealed]
113 Protected earnings [Repealed]
114 Variation or discharge of deduction notice [Repealed]
General provisions relating to attachment orders and deduction notices
[Repealed]
115 Transaction fee [Repealed]
116 Wrongful treatment of employee [Repealed]
117 Extent to which attachment orders and administrative notices bind the Crown [Repealed]
[Repealed]
118 Charging orders [Repealed]
119 Charging orders on life insurance policies [Repealed]
120 Extent to which charging orders bind the Crown [Repealed]
[Repealed]
121 Receiving orders [Repealed]
122 Powers and duties of receiver [Repealed]
Miscellaneous provisions as to enforcement of maintenance orders
[Repealed]
123 Order for enforcement of arrears under maintenance order [Repealed]
124 Default under maintenance order [Repealed]
125 Evidence of default [Repealed]
126 Power to summon witnesses [Repealed]
127 Execution of warrants [Repealed]
128 Conduct of examination [Repealed]
129 Orders by court [Repealed]
130 Contempt procedures [Repealed]
131 Application of Offenders Legal Aid Act 1954 [Repealed]
132 Warrant of commitment [Repealed]
133 Respondent in prison or undergoing periodic detention to be discharged on payment [Repealed]
134 Arrest of respondent [Repealed]
Enforcement in New Zealand of orders made in Commonwealth or designated countries
136 Registration of orders made in Commonwealth or designated countries
137 Setting aside of registration of order
138 Confirmation of provisional orders made in Commonwealth or designated countries
139 Confirmation of provisional orders affecting New Zealand maintenance orders
139A Variation overseas of maintenance agreements registered in New Zealand
140 Rehearings and appeals in respect of confirmation of order
141 Effect of registration or confirmation of order made in Commonwealth or designated country
Discharge or variation of overseas maintenance order
142 Discharge or variation of registered or confirmed order
142A Definition of child maintenance order
142B Discharge, variation, etc, of child maintenance order
142C Conditions relating to variation of child maintenance order
142D Payment of arrears on child maintenance orders
142E Provisional order discharging, etc, child maintenance order
142F Copies of orders to be forwarded to Commissioner
Steps to be taken if respondent not residing in New Zealand
143 Steps to be taken by Secretary if respondent not residing in New Zealand
Applications from persons in Convention countries
144 Certificate by Secretary of Foreign Affairs and Trade
145 Applications for maintenance by applicants residing in Convention countries
145A Treatment of applications for maintenance by applicants residing in Convention countries
Maintenance of children in respect of applications from persons in Convention countries
145D Limitations on liability as father
145E Applications for maintenance orders in respect of children
145F Power of court to make maintenance orders in respect of children
145G Maintenance orders in respect of children
145H Contributions by other parent
Procedure on applications from persons in Convention countries
145J Procedures relating to applications from persons in Convention countries
146 Provisions where service not effected
Applications for child maintenance in respect of persons residing overseas
146A Application for maintenance of child in respect of person resident outside New Zealand
Enforcement of New Zealand orders overseas
147 Provisional orders for confirmation overseas
148 Effect in New Zealand of confirmation overseas of provisional order
Transmission of applications to Convention countries
149 Transmission of applications by New Zealand residents to Convention countries
Miscellaneous provisions as to overseas maintenance
152 Depositions to be evidence
156 Service on disabled person
157 Proceedings where respondent is absent from New Zealand or cannot be found
158 Proceedings by or against minors
160 Applications may be heard together
162 Appointment of barrister or solicitor to assist court or represent children
165 Power of District Court or Family Court to call witnesses
168 Claim by respondent for relief
169 Publication of reports of proceedings
172 Dismissal of application in District Court or Family Court no bar to further proceedings
174 Appeals from decisions of District Courts and Family Courts
175 Appeals from decisions of High Court
Part 11
Miscellaneous provisions
176 Non-molestation orders [Repealed]
177 Interim non-molestation orders [Repealed]
178 Orders in respect of matrimonial homes and tenancies [Repealed]
179 Orders in respect of matrimonial homes and tenancies where parties living apart [Repealed]
180 Recovery of money from estate of deceased party
181 Incidence of maintenance due by estate of deceased party
182 Court may make orders as to settled property, etc
183 Dispositions may be restrained
184 Dispositions may be set aside
185 Separation agreements by persons of unsound mind
186 Court fees [Repealed]
189 Amendments to other enactments, and repeals
An Act to revise the law relating to matrimonial and domestic proceedings
