Reprint as at 31 March 2014

Family Proceedings Act 1980

Public Act1980 No 94
Date of assent21 January 1981
Commencementsee 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

1 Short Title and commencement

2 Interpretation

3 Act to bind the Crown

Part 1
Administration

4 Jurisdiction of courts

5 Marriage or civil union guidance or counselling organisations [Repealed]

6 Maintenance officers [Repealed]

7 Functions of maintenance officers [Repealed]

Part 2
Dispute resolution

[Repealed]

7A Definition of marriage [Repealed]

8 Duty of legal advisers to promote reconciliation and conciliation [Repealed]

Counselling

[Repealed]

9 Requests for counselling [Repealed]

10 Counselling where proceedings commenced [Repealed]

11 Reference to counsellor [Repealed]

12 Duty on counsellors [Repealed]

12A Number of sessions of counselling [Repealed]

12B Counselling fees and expenses [Repealed]

Mediation conferences

[Repealed]

13 Mediation conference [Repealed]

14 Procedure at mediation conference [Repealed]

15 Power of chairperson to make consent orders [Repealed]

16 Proceedings after mediation conference [Repealed]

17 Power to require attendance for counselling or mediation [Repealed]

18 Privilege [Repealed]

19 Duty of courts as to reconciliation and conciliation [Repealed]

19A Circumstances where joint counselling not to be required [Repealed]

Part 3
Separation

20 Application for separation order

21 Power of Family Court to make separation order

22 Grounds for separation order

23 Effect of 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

Presumption of death

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

35 Evidence 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

39 Grounds 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

Overseas orders

44 Recognition of overseas orders

Part 5
Children

Welfare of children

45 Arrangements for welfare of children on dissolution

46 Reports as to children

Determination of paternity

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

51 Paternity orders

52 Evidence of mother

53 False statement in application for paternity order

Parentage tests in civil proceedings

54 Parentage tests

55 Contents of report

56 Right of examination

57 Refusal of parentage tests

58 Costs of parentage tests

59 Offences relating to parentage tests

Part 6
Maintenance of spouses and de facto partners

60 Interpretation

61 Application of principles

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

Maintenance of children

[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

78 Related orders

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

Interim maintenance

82 Interim maintenance

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

91 Reports 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

97 Security for maintenance

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]

Attachment orders

[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]

Deduction notices

[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]

Charging orders

[Repealed]

118 Charging orders [Repealed]

119 Charging orders on life insurance policies [Repealed]

120 Extent to which charging orders bind the Crown [Repealed]

Receiving orders

[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]

Part 8
Overseas maintenance

Enforcement in New Zealand of orders made in Commonwealth or designated countries

135 Designation of 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

145B Interpretation

145C Maintenance of children

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

145I Interim maintenance

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

150 Taking of evidence

151 Proof of documents

152 Depositions to be evidence

153 Conversion of currency

154 Certificate of Registrar

Part 9
Procedure

155 Applications by agents

156 Service on disabled person

157 Proceedings where respondent is absent from New Zealand or cannot be found

158 Proceedings by or against minors

159 Conduct of proceedings

160 Applications may be heard together

161 Intervention

162 Appointment of lawyer to represent child in proceedings

162A Appointment of lawyer to assist court

162B Fees and expenses of lawyer appointed under section 162 or 162A

162C Order requiring reimbursement of costs payments

162D Enforcement of orders made under section 162C

163 Vexatious proceedings

164 Evidence [Repealed]

165 Power of District Court or Family Court to call witnesses

166 Proof of certain matters

167 Standard of proof

168 Claim by respondent for relief

169 Publication of reports of proceedings

170 Orders by consent

171 Costs

172 Dismissal of application in District Court or Family Court no bar to further proceedings

173 Rehearings

Part 10
Appeals

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]

187 Regulations

188 Rules of procedure

189 Amendments to other enactments, and repeals

190 Related amendments to Domestic Actions Act 1975

191 Savings

192 Transitional provisions

193 Transitional provision for counselling or mediation arranged before commencement of Family Proceedings Amendment Act (No 2) 2013

194 Transitional provision for proceedings commenced before commencement of Family Proceedings Amendment Act (No 2) 2013

Schedule 1
Enactments amended

Schedule 2
Enactments repealed

Child Support Act 1991

Reprint notes


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