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.
2 Interpretation

In this Act, unless the context otherwise requires,—

affiliation order includes an order declaring a person to be a parent of a child (however the order is described, and whether or not it also provides for the maintenance of the child)

blood sample means any of the following, taken in accordance with normal medical procedures:

(a)

a fingerprick sample (that is, a sample of capillary blood taken from the tip of a finger or thumb); or

(b)

a venous sample (that is, a sample of venous blood); or

(c)

any other sample of blood

buccal sample means a sample of epithelial cells from inside the mouth taken by a device, or provided by other means

certified copy, in relation to an order of a court, means a copy of the order certified by the proper officer of the court to be a true copy

child of the de facto relationship means a child of both de facto partners, and includes, in relation to any proceedings under this Part, a child (whether or not a child of either de facto partner) who was a member of the family of the de facto partners at the time when they ceased to live together or at the time immediately before the institution of proceedings, whichever first occurred

child of the marriage

(a)

in relation to a marriage (other than a void marriage)—

(i)

means a child of both spouses together; and

(ii)

includes, in relation to any proceedings under this Act, a child (whether or not a child of either spouse) who was a member of the family of the spouses at the time when they ceased to live together or at the time immediately preceding the institution of the proceedings, whichever first occurred; and

(b)

in relation to a void marriage—

(i)

means a child of the parties to the void marriage; and

(ii)

includes, in relation to any proceedings under this Act, a child (whether or not a child of either party to the void marriage) who was a member of the family of the parties to the void marriage at the time when those parties ceased to live together or at the time immediately preceding the institution of the proceedings, whichever first occurred

Commonwealth country includes—

(a)

the Republic of Ireland; and

(b)

a territory for whose international relations the Government of a country that is a member of the Commonwealth is responsible; and

(c)

the Cook Islands; and

(d)

Niue; and

(e)

Tokelau

Convention country

(a)

means a country that is a party to the United Nations Convention for the Recovery of Maintenance Abroad done at New York on 20 June 1956; but

(b)

does not include Australia

country includes any State, territory, province, or other part of a country

court, in Part 8, includes any body or person exercising judicial functions, outside New Zealand, in relation to maintenance orders

deduction notice means a deduction notice issued under section 110

designated country means a country specified as a designated country by a notice given under section 135

DNA profile, in relation to a person (person A), means information derived from an analysis of a sample of genetic material obtained from person A, being information—

(a)

that is clearly identifiable as relating to person A; and

(b)

that is able to be compared with information obtained from an analysis (using the same technique) of another sample of genetic material obtained from another person (person B) for the purpose of determining, with reasonable certainty, whether or not the relationship of natural parent and child exists between person A and person B

domestic benefit

(a)

means—

(i)

a benefit granted under section 27B or section 27C of the Social Security Act 1964; or

(ii)

a benefit which is granted under section 61 of the Social Security Act 1964 and which corresponds to a benefit granted under section 27B or section 27C of that Act; and

(b)

includes a benefit described in paragraph (a)(i) or (ii) as increased by a child supplement under section 61A of the Social Security Act 1964

Family Court means the division of a District Court known, in accordance with section 4 of the Family Courts Act 1980, as a Family Court

Family Court Judge means a Family Court Judge appointed under section 5 of the Family Courts Act 1980; and includes the Principal Family Court Judge

interim order, in relation to maintenance, means an order made under section 82

maintenance means the provision of money, property, and services; and includes—

(a)

in respect of a child, provision for the child’s education and training to the extent of the child’s ability and talents; and

(b)

in respect of a deceased person, the cost of the deceased person’s funeral

maintenance agreement means—

(a)

a written agreement made between spouses or civil union partners, and providing for the payment by either party of a periodical sum of money or lump sum of money or both towards the maintenance of the other party; or

(b)

a written agreement made between the parties to a marriage or civil union that has been dissolved, and providing for the payment by either party of a periodical sum of money or lump sum of money or both towards the maintenance of the other party; or

(c)
[Repealed]

(d)

a written agreement made between any persons who acknowledge themselves to be the parents of a child; and providing for the payment by either parent of a periodical sum of money or lump sum of money or both towards the maintenance of the other parent, where the parties—

(i)

are not married to, or in a civil union with, each other; and

(ii)

have never been married to, or in a civil union with, each other or (if they have been married to, or in a civil union with, each other) have had their marriage or civil union dissolved before the conception of the child—

(e)
[Repealed]

whether or not the document in which an agreement to which paragraph (a) or paragraph (b) or paragraph (d) applies is embodied provides also for the separation of the parties to a marriage or civil union or for the role of providing day-to-day care for a child

maintenance order

(a)

means an order or interim order made under Part 6 for the payment of maintenance; and includes—

(i)
[Repealed]

(ii)

in Part 8, a subsisting order (including an order in or consequent on an affiliation order) for the payment by any person of a periodical sum of money towards the maintenance of a person whom the first-mentioned person is, according to the law in force in the place where the order is made, liable to maintain; and

(iii)

in Part 8, a subsisting order of the kind described in section 78(1)(b) or (2); and

(b)

where an order within the meaning of paragraph (a) has been varied, means the order as varied and all orders by which it has been varied

marriage includes a union in the nature of marriage that—

(a)

is entered into outside New Zealand; and

(b)

is at any time polygamous,—

where the law of the country in which each of the parties is domiciled at the time of the union then permits polygamy

parentage tests means tests carried out on blood samples or buccal samples to help to determine the parentage of a child

paternity order means an order made under section 51

proceedings means proceedings before a court

property includes real and personal property, and any estate or interest in any real or personal property, and any debt, and any thing in action, and any other right or interest

report on parentage tests means a report compiled under section 54

responsible authority, in relation to a country other than New Zealand, means the appropriate authority in that country for the discharge of the functions contemplated by Part 8 in relation to that authority

Secretary means the chief executive of the Ministry of Justice

separation order means a separation order made under Part 3

social worker means—

(a)

a social worker employed as such under Part 5 of the State Sector Act 1988 in the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989; or

(b)

a community officer appointed under section 4 of the Maori Community Development Act 1962; or

(c)

an honorary community officer appointed under section 5 of the Maori Community Development Act 1962.

Compare: 1963 No 71 s 2; 1968 No 62 ss 2, 3, 54, 61, 80, 94; 1971 No 59 s 9(1)

Section 2 approved marriage or civil union guidance organisation or counselling organisation: repealed, on 31 March 2014, by section 4(a) of the Family Proceedings Amendment Act (No 2) 2013 (2013 No 80).

Section 2 attachment order: repealed, on 31 March 2014, by section 4(b) of the Family Proceedings Amendment Act (No 2) 2013 (2013 No 80).

Section 2 blood sample: inserted, on 1 July 2005, by section 150 of the Care of Children Act 2004 (2004 No 90).

Section 2 blood tests: repealed, on 1 July 2005, by section 150 of the Care of Children Act 2004 (2004 No 90).

Section 2 buccal sample: inserted, on 1 July 2005, by section 150 of the Care of Children Act 2004 (2004 No 90).

Section 2 charging order: repealed, on 31 March 2014, by section 4(c) of the Family Proceedings Amendment Act (No 2) 2013 (2013 No 80).

Section 2 child of the civil union: repealed, on 31 March 2014, by section 4(d) of the Family Proceedings Amendment Act (No 2) 2013 (2013 No 80).

Section 2 child of the de facto relationship: inserted, on 1 July 2005, by section 149 of the Care of Children Act 2004 (2004 No 90).

Section 2 child of the marriage paragraph (a): replaced, on 19 August 2013, by section 9 of the Marriage (Definition of Marriage) Amendment Act 2013 (2013 No 20).

Section 2 Convention country: replaced, on 1 July 2000, by section 37 of the Child Support Amendment Act 1999 (1999 No 81).

Section 2 counsellor: repealed, on 31 March 2014, by section 4(e) of the Family Proceedings Amendment Act (No 2) 2013 (2013 No 80).

Section 2 DNA profile: inserted, on 1 July 2005, by section 150 of the Care of Children Act 2004 (2004 No 90).

Section 2 employer: repealed, on 31 March 2014, by section 4(f) of the Family Proceedings Amendment Act (No 2) 2013 (2013 No 80).

Section 2 family chattels: repealed, on 31 March 2014, by section 4(g) of the Family Proceedings Amendment Act (No 2) 2013 (2013 No 80).

Section 2 family home: repealed, on 31 March 2014, by section 4(h) of the Family Proceedings Amendment Act (No 2) 2013 (2013 No 80).

Section 2 maintenance agreement: amended, on 1 July 2005, by section 151 of the Care of Children Act 2004 (2004 No 90).

Section 2 maintenance agreement: amended, on 26 April 2005, by section 44(1) of the Civil Union Act 2004 (2004 No 102).

Section 2 maintenance agreement: amended, on 1 July 1992, by section 2(2) of the Family Proceedings Amendment Act 1991 (1991 No 144).

Section 2 maintenance agreement paragraph (a): amended, on 26 April 2005, by section 44(2) of the Civil Union Act 2004 (2004 No 102).

Section 2 maintenance agreement paragraph (b): amended, on 26 April 2005, by section 44(1) of the Civil Union Act 2004 (2004 No 102).

Section 2 maintenance agreement paragraph (c): repealed, on 1 July 1992, by section 2(1) of the Family Proceedings Amendment Act 1991 (1991 No 144).

Section 2 maintenance agreement paragraph (d)(i): amended, on 26 April 2005, by section 44(2) of the Civil Union Act 2004 (2004 No 102).

Section 2 maintenance agreement paragraph (d)(ii): amended, on 26 April 2005, by section 44(2) of the Civil Union Act 2004 (2004 No 102).

Section 2 maintenance agreement paragraph (e): repealed, on 1 July 1992, by section 2(1) of the Family Proceedings Amendment Act 1991 (1991 No 144).

Section 2 maintenance order paragraph (a)(i): repealed, on 1 July 1992, by section 2(3) of the Family Proceedings Amendment Act 1991 (1991 No 144).

Section 2 matrimonial home: repealed, on 1 February 2002, by section 3 of the Family Proceedings Amendment Act 2001 (2001 No 7).

Section 2 mediation conference: repealed, on 31 March 2014, by section 4(i) of the Family Proceedings Amendment Act (No 2) 2013 (2013 No 80).

Section 2 parentage tests: inserted, on 1 July 2005, by section 150 of the Care of Children Act 2004 (2004 No 90).

Section 2 registered maintenance agreement: repealed, on 1 July 1992, by section 2(4) of the Family Proceedings Amendment Act 1991 (1991 No 144).

Section 2 report on blood tests: repealed, on 1 July 2005, by section 150 of the Care of Children Act 2004 (2004 No 90).

Section 2 report on parentage tests: inserted, on 1 July 2005, by section 150 of the Care of Children Act 2004 (2004 No 90).

Section 2 salary or wages: repealed, on 31 March 2014, by section 4(j) of the Family Proceedings Amendment Act (No 2) 2013 (2013 No 80).

Section 2 Secretary: inserted, on 1 July 1995, by section 10(1) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).

Section 2 Secretary: amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).

Section 2 social worker paragraph (a): replaced, on 1 April 1990, by section 36(3) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

Section 2 social worker paragraph (a): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).