Child Support Amendment Act 2005

Child Support Amendment Act 2005

Public Act2005 No 6
Date of assent24 March 2005

The Parliament of New Zealand enacts as follows:

1 Title
  • (1) This Act is the Child Support Amendment Act 2005.

    (2) In this Act, the Child Support Act 1991 is called the principal Act.

2 Commencement
  • This Act comes into force on 26 April 2005.

3 Amendments to principal Act in Schedule
  • The principal Act is amended in the manner set out in the Schedule.


Schedule
Amendments to principal Act

s 3

Section 2

In the definition of assessment, replace spousal maintenance with domestic maintenance.

After the definition of Commissioner, insert the following:

domestic maintenance means any payment required to be made under this Act by any person towards the support of another person under section 58(2) or section 68(2) of this Act.

In the definition of financial support, replace spousal maintenance, in both places that it occurs, with domestic maintenance.

Replace the definition of liable spouse with the following:

liable spouse or partner means a person who is liable to pay domestic maintenance under section 58(2) or section 68(2) of this Act.

Omit the definition of married person.

In the definition of payee, in paragraph (b), replace spousal maintenance, in both places that it occurs, with domestic maintenance.

Omit the definition of spousal maintenance.

Section 4

In paragraph (k), replace spousal maintenance with domestic maintenance.

Section 5

In paragraph (b), replace a married person with living with another person in a marriage, civil union or de facto relationship.

Section 8

In subsection (2)(b), replace as the legal spouse of that person or in a relationship in the nature of marriage with in a marriage, civil union or de facto relationship.

Section 10

Replace as the legal spouse of that person or in a relationship in the nature of marriage with in a marriage, civil union or de facto relationship.

Section 25

Replace subsection (1)(a)(iii) with the following:

  • (iii) enters a marriage, civil union or de facto relationship; or.

In subsection (1)(d)(ii), replace as the legal spouse of that person or in a relationship in the nature of marriage with in a marriage, civil union or de facto relationship.

Section 30

Replace subsection (2)(a) with the following:

  • (a) is not living with another person in a marriage, civil union or de facto relationship; and.

Replace subsection (3)(a) with the following:

  • (a) is living with another person in a marriage, civil union or de facto relationship; and.

In subsection (5), replace paragraph (f) of the definition of dependent child with the following:

  • (f) who is not living with another person in a marriage, civil union or de facto relationship.

Section 47

In subsection (1)(b), replace spousal maintenance with domestic maintenance.

In subsection (3), in the words before paragraph (a), replace spousal maintenance with domestic maintenance.

In subsection (3)(a), insert or civil union partners after wife.

In subsection (3)(b), replace marriage that has been dissolved with marriage, civil union or de facto relationship that has ended.

In subsection (3)(c), replace married to with in a marriage or civil union with.

Section 52

Replace spousal maintenance with domestic maintenance.

Section 55

In subsection (1)(b)(i), replace spousal maintenance with domestic maintenance.

Section 58

In subsection (2), replace spousal maintenance, in each place that it occurs, with domestic maintenance.

Section 59

Replace spousal maintenance with domestic maintenance.

Section 61

In subsection (1)(a)(i),—

  • (a) replace spousal maintenance with domestic maintenance:

  • (b) replace liable spouse with liable spouse or partner.

In subsection (1)(b),—

  • (a) replace spousal maintenance, in both places that it occurs, with domestic maintenance:

  • (b) replace liable spouse with liable spouse or partner.

Section 62

In subsection (1)(b), replace spousal maintenance with domestic maintenance.

Section 64

In subsection (1), replace spousal maintenance, in both places that it occurs, with domestic maintenance.

Section 66

In the heading, replace Spousal voluntary with Voluntary.

In subsection (2)(a), replace spousal maintenance with domestic maintenance.

Section 68

In subsection (2), replace spousal maintenance, in each place that it occurs, with domestic maintenance.

Section 69

In subsection (1)(a)(i), replace spousal maintenance with domestic maintenance.

In subsection (1)(b), replace spousal maintenance, in both places that it occurs, with domestic maintenance.

In subsection (2), replace spousal maintenance with domestic maintenance.

Heading and subheading to Part 5

In the heading, replace SPOUSAL MAINTENANCE with DOMESTIC MAINTENANCE.

In the subheading, replace spousal maintenance with domestic maintenance.

Section 72

In the heading, replace spousal maintenance with domestic maintenance.

In subsection (1)(c), replace spousal maintenance with domestic maintenance.

Section 73

In subsection (3), in paragraph (b) of the definition of relevant minimum annual rate of financial support, replace spousal maintenance with domestic maintenance.

Section 77

Replace spousal maintenance with domestic maintenance.

Section 79

Replace spousal maintenance with domestic maintenance.

Section 80

Replace spousal maintenance with domestic maintenance.

Section 85

Replace spousal maintenance with domestic maintenance.

Section 86

In subsection (2),—

  • (a) in the words before paragraph (a), replace spousal maintenance with domestic maintenance:

  • (b) in the words before paragraph (a), replace liable spouse with liable spouse or partner:

  • (c) in paragraph (b)(ii), replace spousal maintenance with domestic maintenance.

Section 87

In subsection (2)(a), replace spousal maintenance with domestic maintenance.

In subsection (6)(a) and (b), replace spousal maintenance with domestic maintenance.

Section 89

In subsection (1), replace spousal maintenance with domestic maintenance.

Section 91

In subsection (2), replace spousal maintenance with domestic maintenance.

Section 95

In the heading, replace child with financial.

In subsection (1), replace spousal maintenance with domestic maintenance.

In subsection (4), replace spousal maintenance with domestic maintenance.

Heading to Part 7

In the heading, replace SPOUSAL MAINTENANCE with DOMESTIC MAINTENANCE.

Section 99

In subsection (4)(d), replace married to a parent of the child with living with a parent of the child in a marriage, civil union or de facto relationship.

Section 113

In subsection (3), replace the rights of the spouse concerned with the rights of the party concerned.

Section 119

In subsection (2) in the words before paragraph (a), replace any spouse with spousal maintenance.

In subsection (2)(a), replace spouse who is the payee with person who is the payee.

In subsection (2)(b), replace spouse who is the liable person with person who is the liable person.

Section 124

In subsection (4)(b), replace marriage counselling with relationship counselling.

Section 136

In subsection (1), replace spousal maintenance with domestic maintenance.

In subsection (2), replace spousal maintenance with domestic maintenance.

Section 137

In paragraph (e), replace spousal maintenance with domestic maintenance.

In paragraph (f), replace spousal maintenance with domestic maintenance.

Section 145

In the heading, replace spouses with spouses or other partners.

Replace spousal maintenance with domestic maintenance.

Section 180

In subsection (1), replace spousal maintenance with domestic maintenance.

In subsection (4), replace spousal maintenance with domestic maintenance.

Section 214

In the definition of agreement, replace spousal maintenance, in each place that it occurs, with domestic maintenance.

Replace the definition of foreign child support or spousal maintenance with the following:

foreign child support or domestic maintenance, in relation to a country or territory outside New Zealand, means a payment required under the laws of the country or territory that is of the same nature as child support or domestic maintenance and is the subject of an agreement.

Replace the definition of New Zealand child support or spousal maintenance with the following:

New Zealand child support or domestic maintenance means child support or domestic maintenance.

Section 215

In subsection (1), replace spousal maintenance with domestic maintenance.

Section 230

In subsection (1), insert civil union, after death,.

Section 240

In subsection (2)(a)(ii), replace liable spouse, in both places that it occurs, with liable spouse or partner.

Subheading before section 267

In the heading, omit spousal.

Section 267

In the heading, omit spousal.

Section 268

In the heading, omit spousal.


Legislative history

10 March 2005Divided from Relationships (Statutory References) Bill (Bill 151-2) as Bill 151-3C
15 March 2005Third reading