Child Support Amendment Act (No 2) 2003

Child Support Amendment Act (No 2) 2003

Public Act2003 No 125
Date of assent24 November 2003

The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the Child Support Amendment Act (No 2) 2003.

2 Commencement
  • This Act comes into force on the day on which it receives the Royal assent.

3 Unpaid financial support to constitute charge on payer's property
  • Section 169(4) to (7) of the Child Support Act 1991 are replaced by the following:

    • (4) Despite section 23(b) of the Personal Property Securities Act 1999, if a charge affects property against which charges may be registered under a registration Act, the Commissioner may register the charge under the registration Act.

    • (4B) The Commissioner is not required to pay a fee for the registration of a charge under a registration Act in reliance on this section.

    • (5) For the purpose of this section, registration Act, in relation to any property, includes—

      • (a) the Statutory Land Charges Registration Act 1928 in every case where the property is land or an interest in land (including a mortgage):

      • (b) the Personal Property Securities Act 1999.

    • (6) Particulars recorded under subsection (4) are to operate and take priority according to the provisions of the applicable registration Act.

    • (6B) If the registration under this section of a charge over property occurs after the registration of a mortgage over the same property and before an advance of money secured by the mortgage, the charge has priority over the mortgage in respect of that money.

    • (7) On the satisfaction of a charge that is registered under a registration Act in reliance on this section, the Commissioner must release the charge in the manner required by the registration Act, with such modifications as may be necessary.

    • (7B) The Commissioner is not required to pay a fee for the release of a charge that is registered under a registration Act in reliance on this section.


Legislative history

18 November 2003Divided from Taxation (Annual Rates, GST, Trans-Tasman Imputation and Miscellaneous Provisions) Bill (Bill 60-2) as Bill 60-3D
19 November 2003Third reading