Child Support Amendment Act (No 2) 2013

  • repealed
  • Child Support Amendment Act (No 2) 2013: repealed (without coming into force), on 31 March 2014, by section 9 of the Child Support Amendment Act (No 3) 2013 (2013 No 75).

Reprint
as at 31 March 2014

Coat of Arms of New Zealand

Child Support Amendment Act (No 2) 2013

Public Act2013 No 46
Date of assent15 July 2013
Commencementsee section 2
  • Child Support Amendment Act (No 2) 2013: repealed (without coming into force), on 31 March 2014, by section 9 of the Child Support Amendment Act (No 3) 2013 (2013 No 75).


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 Inland Revenue Department.


The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the Child Support Amendment Act (No 2) 2013.

2 Commencement
  • (1) This Act comes into force on a date to be appointed by the Governor-General by Order in Council, and 1 or more orders may be made appointing different dates for different provisions.

    (2) If any provision of this Act has not earlier been brought into force under subsection (1), it comes into force on the day that is 1 year after the date on which this Act receives the Royal assent.

3 Principal Act
4 Appointment of barrister or solicitor to assist court or represent children
5 New sections 226B to 226E inserted
  • The following sections are inserted after section 226:

    226B Costs of court-appointed barrister or solicitor
    • (1) Despite section 226(3), where any fees and expenses have been paid under that subsection that relate to an appointment under section 226(1)(a), the court may, if it thinks it is appropriate, order a party to the proceedings to refund to the Crown an amount the court specifies in respect of those fees and expenses.

      (2) Despite section 226(3), where any fees and expenses have been paid under that subsection that relate to an appointment under section 226(1)(b), the court must make an order under section 226C, unless the court declines to do so in accordance with that section.

      (3) However, no order under section 226C may be made against the Crown, whether acting through the department for the time being responsible for the administration of this Act or otherwise.

    226C Order requiring refund of payments in respect of barrister or solicitor representing child
    • (1) An order referred to in section 226B(2) must order the parties to refund to the Crown the prescribed proportion of the amount paid by the Crown, under section 226(3), in respect of the appointment of the barrister or solicitor under section 226(1)(b).

      (2) Each party must pay an equal share of the prescribed proportion.

      (3) Despite subsection (1), the court may decline to make an order against a party if satisfied that the order would cause serious hardship to the party or to a dependent child of the party.

      (4) Despite subsection (2), if the court is satisfied that, in view of the circumstances of the case, including the conduct of any party, it would be inappropriate to require a party to pay the amount payable in accordance with that subsection, the court may substitute, for that party, a different amount not exceeding the prescribed proportion.

      (5) In this section,—

      dependent child, in relation to a party, means a child whose care is substantially the responsibility of the party

      prescribed proportion means the same proportion that is prescribed by regulations made under section 147 of the Care of Children Act 2004 for the purposes of section 131A of that Act

      serious hardship, in relation to a party or a dependent child of a party, has the same meaning as in section 135G(3).

    226D Enforcement of orders to refund fees and expenses of court-appointed barristers or solicitors
    • (1) The amount that a party is ordered to refund under section 226B(1) or 226C is a debt due to the Crown by that party and may be enforced in the same manner as a judgment given by the District Court in any civil proceeding.

      (2) Despite section 113 or 123 of the District Courts Act 1947 or section 100A of the Judicature Act 1908, no court fee is payable by a person who seeks to enforce, on behalf of the Crown, an order referred to in subsection (1), but the fee that would otherwise be payable—

      • (a) is to be added to the amount sought to be enforced; and

      • (b) must be paid to the Registrar of the court out of any proceeds that result from the enforcement.

      (3) For the purposes of section 14(1)(b) of the Crown Proceedings Act 1950, the Secretary for Justice may, on behalf of the Crown, enforce a debt under this section.

    226E Time for payment of orders to refund fees and expenses of court-appointed barristers or solicitors may be extended
    • (1) If an amount that a party is ordered to refund under section 226B(1) or 226C is outstanding, the Registrar may enter into an arrangement with the party to allow for either or both of the following:

      • (a) a greater time for payment:

      • (b) payment to be made by instalments.

      (2) No arrangement under subsection (1) may permit an amount to remain unpaid for more than 5 years after the date on which the arrangement is entered into.

      (3) No action to enforce an amount that is the subject of an arrangement under this section may be taken as long as the arrangement continues in force and is duly observed.

      (4) If an amount may be paid by instalments and default is made in the payment of any instalment, proceedings may be taken against the person in default as if default had been made in the payment of all instalments then remaining unpaid.

6 Costs
  • Section 232 is amended by adding the following subsection as subsection (2):

    • (2) This section is subject to section 226B.

7 Transitional provisions relating to reimbursement of costs of court-appointed counsel
  • (1) Section 226(6) of the principal Act, as in force before the commencement of section 4 of this Act, continues to apply to proceedings commenced before the commencement of section 4.

    (2) Sections 226B to 226D(1) of the principal Act, as inserted by section 5 of this Act, do not apply to proceedings commenced before the commencement of section 5.

    (3) Sections 226D(2) and (3) and 226E of the principal Act, as inserted by section 5 of this Act, apply, with any necessary modifications, to proceedings commenced before the commencement of section 5.


Reprints notes
1 General
  • This is a reprint of the Child Support Amendment Act (No 2) 2013 that incorporates all the amendments to that Act as at the date of the last amendment to it.

2 Legal status
  • Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes
4 Amendments incorporated in this reprint
  • Child Support Amendment Act (No 3) 2013 (2013 No 75): section 9