[Revoked]

• Schedule 1 form FP 1: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).

[Revoked]

• Schedule 1 form FP 2: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).

[Revoked]

• Schedule 1 form FP 3: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).

[Revoked]

• Schedule 1 form FP 4: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).

Section 17, Family Proceedings Act 1980

To [full name], of [address], [occupation].

The counsellor to whom you were referred has reported that you have failed to comply with a letter sent to you by post requesting you to attend before the counsellor at [time] on [date] at [place]. [In the case of a request under section 11(1)(b) of the Family Proceedings Act 1980 to attend before a counsellor.]

or

You have failed to comply with a letter sent to you by post requesting you to attend a mediation conference at [time] on [date] at [place]. [In the case of a request under section 13(2)(b) of the Family Proceedings Act 1980 to attend a mediation conference.]

You are summoned to attend before the counsellor at [time] on [date] at [place] (or to attend a mediation conference at [time] on [date] at [place]).

*You are required to bring with you and produce [specify what is to be produced].

If, without sufficient cause, you refuse or neglect to attend or to produce anything which you are required to produce, you may be prosecuted and fined.

FP No:

In the District Court at [place of court]

[Give full name, address, and occupation]

[Give full name, address, and occupation]

FP No:

In the District Court at [place of court]

This information sheet accompanies applications for the following order(s):

By [applicant's full name], [occupation], [age in years at date of application]

*Home address:

*Work address:

*Contact telephone number(s): [*home], [*work]

*Country of residence:

Ethnic origin:

Languages spoken:

Full name of other party (or other applicant [in the case of a joint application] and any associated respondent [in the case of an application under the Domestic Violence Act 1995]):

Relationship, if any, to applicant or other applicant:

Occupation:

Date of birth, if known, or age in years at date of application:

*Home address:

*Work address:

*Contact telephone number(s): [*home], [*work]

*Country of residence:

Ethnic origin:

Languages spoken:

[Complete this section if the applicant and respondent are married to each other or if joint applicants are married to each other.]

Date of marriage:

Place of marriage:

Children affected by the application: [if none, write “none” on line 1]

The accompanying applications are filed by [specify] whose address for service is at [address].

Previous applications: [give the file number of any previous applications between the parties, and the courts where they were filed].

For court use:

Date stamp:

• Schedule 1 form FP 7: amended, on 1 July 1996, by rule 3(a) of the Family Proceedings Rules 1981, Amendment No 2 (SR 1996/151).

• Schedule 1 form FP 7: amended, on 1 July 1996, by rule 3(b) of the Family Proceedings Rules 1981, Amendment No 2 (SR 1996/151).

• Schedule 1 form FP 7: amended, on 1 July 1996, by rule 3(c) of the Family Proceedings Rules 1981, Amendment No 2 (SR 1996/151).

[Revoked]

• Schedule 1 form FP 8: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).

[Revoked]

• Schedule 1 form FP 9: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).

[Revoked]

• Schedule 1 form FP 10: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).

[Revoked]

• Schedule 1 form FP 11: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).

[Revoked]

• Schedule 1 form FP 12: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).

[Revoked]

• Schedule 1 form FP 13: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).

[Revoked]

• Schedule 1 form FP 14: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).

Family Proceedings Act 1980 (or Care of Children Act 2004)

I, [full name], apply for an order [state precisely the nature of the order sought] on the following grounds:

[State the grounds on which the application is made, referring to the Act or rule relied on and following closely the wording of the Act or rule].

I say:

[Set out sufficient information to inform the court of the facts relied on in support of the application].

I request the Registrar of the court to arrange a mediation conference to discuss this matter. [Delete if not applicable.]

To the Registrar

District Court

[Place of court]

and

To the respondent

This application is filed by [specify], whose address for service is at [specify]

*I hereby appoint [date] at [time] at the District Court at [place] for the hearing of the above application.

If you need help, consult a lawyer or contact a District Court office immediately.

The office of the District Court is open from [time] to [time] on Mondays to Fridays inclusive.

A duly completed information sheet (form FP 7) may be necessary with this application. See rule 18.

• Schedule 1 form 15 heading: amended, on 1 July 2005, by rule 11(a) of the Family Proceedings Amendment Rules 2005 (SR 2005/100).

[Revoked]

• Schedule 1 form FP 15A: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).

[Revoked]

• Schedule 1 form FP 15B: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).

FP No:

In the District Court at [place of court]

To [name and address of respondent]

An application (see the attached copy) has been filed in this court by [full name]. The order or orders sought by the applicant are specified in the application.

*Interim maintenance order

*On [date] at [time] at [place] there will be a hearing to decide whether interim maintenance should be paid.

*If you do not appear at this hearing, the court may make an interim maintenance order in your absence.

If you wish to defend the application, you must, within 21 days after the date on which you receive this notice,—

• file a notice of defence in this office of the court; and

• serve a copy of the notice of defence on the other party to the proceedings. That copy may be delivered to the address for service given by the applicant.

You should note that if you do not file and serve a notice of defence within that time you may not be able to defend the application. On the day of the hearing of the application, should you appear, the Judge may—

• allow you to take part in the hearing of the application only on such terms as the Judge thinks fit; or

• decline to allow you to take part.

You should also note that the Judge may make an order against you for costs properly incurred as a consequence of your failure to file and serve a notice of defence within time.

If you do not file and serve a notice of defence, the case may proceed without further notice to you.

A lawyer will prepare a notice of defence for you. If you want a lawyer but think you cannot afford one, you should contact an office of the District Court immediately. You may also see a specimen form of the notice of defence at any office of the District Court.

If you do not wish to defend the application but you do wish to know what is happening, you should—

• (a) file in this office of the court a notice giving the address of a place in New Zealand at which documents can be left for you; and

• (b) serve a copy of the notice on the other party to the proceedings. That copy may be delivered to the address for service given by the applicant.

Even if you take no action, the court may summon you as a witness to help it deal with the application.

You will get a copy of any orders made against you. However, any order will probably be in force from the time it is made. The fact that you have not got a copy of the order will not be an excuse for not obeying it.

If you need help, consult a lawyer or contact a District Court office immediately.

The office of the District Court is open from [time] to [time] on Mondays to Fridays inclusive.

• Schedule 1 form FP 16: substituted, on 1 July 1995, by rule 30(d) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

• Schedule 1 form FP 16 heading: amended, on 1 July 2005, by rule 11(b) of the Family Proceedings Amendment Rules 2005 (SR 2005/100).

• Schedule 1 form FP 16: amended, on 3 August 2009, by rule 5(1) of the Family Proceedings Amendment Rules 2009 (SR 2009/190).

• Schedule 1 form FP 16: amended, on 21 October 2002, by rule 26(2)(a) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).

• Schedule 1 form FP 16: amended, on 21 October 2002, by rule 26(2)(b) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).

• Schedule 1 form FP 16: amended, on 21 October 2002, by rule 26(2)(c) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).

• Schedule 1 form FP 16: amended, on 21 October 2002, by rule 26(2)(d) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).

FP No:

In the District Court at [place of court]

To [name and address of respondent]

An application (see the attached copy) has been filed in this court by [full name]. The order or orders sought by the applicant are described in the application.

The court may make an order for [specify] where [set out bases for jurisdiction in respect of each order sought following closely the relevant provisions of the Family Proceedings Act 1980 or of the Care of Children Act 2004 or of both].

If you wish to defend the application or be heard on it you should, either directly or through a lawyer in the place where you are, send authority to a lawyer in New Zealand, by air mail, instructing him to act for you. If you wish to defend the application, you must, within [specify] days of receiving this notice,—

• file a notice of defence in this office of the court; and

• serve a copy of the notice of defence on the other party to the proceedings. That copy may be delivered to the address for service given by the applicant.

You should note that if you do not file and serve a notice of defence within that time you may not be able to defend the application. On the day of the hearing of the application, should you appear, the Judge may—

• allow you to take part in the hearing of the application only on such terms as the Judge thinks fit; or

• decline to allow you to take part.

You should also note that the Judge may make an order against you for costs properly incurred as a consequence of your failure to file and serve a notice of defence within time.

If you do not file and serve a notice of defence, the case may proceed without further notice to you.

If you do not wish to defend the application but you do wish to know what is happening, you should—

• file in this office of the court a notice giving the address of a place in New Zealand at which documents can be left for you; and

• serve a copy of the notice on the other party to the proceedings. That copy may be delivered to the address for service given by the applicant.

You will get a copy of any orders made against you. However, any order will probably be in force from the time it is made. The fact that you have not got a copy of the order will not be an excuse for not obeying it.

Warning [To be included if an order for dissolution of marriage is sought.]

If you are not domiciled in New Zealand you are warned that a dissolution of marriage granted on the application of your marriage partner may not be recognised as valid outside New Zealand. The dissolution will be valid for all purposes within New Zealand.

If you wish to marry again in a country outside New Zealand, you should take legal advice on whether you are legally free to do so.

If you need help, consult a lawyer in the place where you are immediately. If you intend to employ a lawyer in New Zealand, you should ask about your eligibility for legal aid in this country.

• Schedule 1 form FP 17: amended, on 3 August 2009, by rule 5(2) of the Family Proceedings Amendment Rules 2009 (SR 2009/190).

• Schedule 1 form FP 17 heading: amended, on 1 July 2005, by rule 11(c) of the Family Proceedings Amendment Rules 2005 (SR 2005/100).

• Schedule 1 form FP 17: amended, on 1 July 2005, by rule 11(d) of the Family Proceedings Amendment Rules 2005 (SR 2005/100).

• Schedule 1 form FP 17: amended, on 21 October 2002, by rule 26(3)(a) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).

• Schedule 1 form FP 17: amended, on 21 October 2002, by rule 26(3)(b) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).

• Schedule 1 form FP 17: amended, on 21 October 2002, by rule 26(3)(c) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).

• Schedule 1 form FP 17: amended, on 21 October 2002, by rule 26(3)(d) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).

• Schedule 1 form FP 17: amended, on 1 July 1995, by rule 31 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

[Revoked]

• Schedule 1 form FP 18: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).

[Revoked]

• Schedule 1 form FP 19: revoked, on 1 July 1995, by rule 29 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

I, [full name], apply ex parte for an order [state precisely the nature of the order sought] on the following grounds:

[State the grounds on which the application is made, referring to the Act or rule relied on and following closely the wording of the Act or rule].

I say:

[Set out sufficient information to inform the court of the facts relied on in support of the application].

District Court

[Place of court]

This application is filed by [specify], whose address for service is at [specify].

[In cases where an appearance is necessary or required, the Registrar is to complete the following appointment for hearing]:

I hereby appoint [date] at [time] at the District Court at [place] for the hearing of the above application.

Section 188(2)(d), Family Proceedings Act 1980

I, [full name], of [insert place of abode and occupation] solemnly and sincerely declare that my financial means and their sources are as set out below.

• 1 My income for the 52 weeks immediately preceding the date of this declaration was as follows: [use “Nil” where applicable.]

  Item		Particulars		$
  (a)		Salary, wages, or other personal earnings from [state employer]:
  (b)		Gross income from business:
  (c)		Amount received from boarders (including children over 16 years of age):
  (d)		Rents from property (including rooms let):
  (e)		Compensation or damages received:
  (f)		Superannuation, pension, or benefit (including any from overseas):
  (g)		Dividends and interest:
  (h)		All other sources of income [specify]:
  		Total income in the 52 weeks		$

• 2 My assets (both in New Zealand and elsewhere) are as follows:

  Item		Particulars		$
  (a)		Land and buildings [state address and capital value]:
  (b)		Money in bank accounts [specify banks]:
  (c)		Money not in bank or invested:
  (d)		Money lent or in hands of any person [name and address]:
  (e)		Government stock, shares, debentures, or bonds [state details]:
  (f)		Plant and machinery [state details]:
  (g)		Livestock [state details]:
  (h)		Interest in business, stock in trade, or venture of any kind [state details]:
  (i)		Motor vehicles [state details]:
  (j)		Any other property or assets not specified above, including interest in any estate [state details]:
  		Total assets		$

• 3 The property specified in items [specify] of clause 2 of this declaration is mortgaged, or otherwise secured to [full name] of [address] for the sum of $[specify].

• 4 My expenses for the 52 weeks specified in clause 1 of this declaration were as follows:

  Item		Particulars		$
  (a)		Income tax:
  (b)		Insurance and superannuation:
  (c)		Medical and hospital benefits:
  (d)		Rent:
  (e)		Rates:
  (f)		Mortgage payments:
  (g)		Repairs on home:
  (h)		Food and household supplies:
  (i)		Electricity, gas, and fuel:
  (j)		Telephone:
  (k)		Laundry and cleaning:
  (l)		Clothing:
  (m)		Child maintenance, care, and education:
  (n)		Maintenance for former spouse or former de facto partner:
  (o)		Entertainment:
  (p)		Fares:
  (q)		Car maintenance, running, and registration:
  (r)		Hire purchase payments:
  (s)		Other expenses [specify]:
  		Total expenses in the 52 weeks		$

• 5 Separate income for the 52 weeks of members of household whose expenses are included:

  • (a) [List full names, ages, and relationship of all such members of household]

  • (b) [List details of separate income of any such member of household]

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths and Declarations Act 1957.

• Schedule 1 form FP 21: amended, on 1 February 2002, by rule 4(1) of the Family Proceedings Amendment Rules 2001 (SR 2001/378).

Family Proceedings Act 1980 (or Care of Children Act 2004)

I, [full name], of [address], [occupation], give notice that I intend to defend the application for [specify the order(s) opposed].

I say, in answer to the applicant,—

• 1 [State whether the facts given in the application are accepted or rejected. If any facts are rejected, state reasons.]

• 2 [Set out sufficient information to inform the court of the facts relied on by the defence.]

• 3 [Set out any other facts relating to the application or to the circumstances which have existed or are existing between the parties which the court should be told about.]

I claim, in reply to the application, the following relief: [specify orders or other relief sought. See section 168, Family Proceedings Act 1980].

I request the Registrar of the court to arrange a mediation conference to discuss this matter. [Delete if not applicable.]

To the Registrar

District Court

[Place of court]

and

To the applicant

This notice is filed by [specify], whose address for service is at [specify].

• Schedule 1 form FP 22 heading: amended, on 1 July 2005, by rule 11(e) of the Family Proceedings Amendment Rules 2005 (SR 2005/100).

• Schedule 1 form FP 22 heading: amended, on 1 July 1995, by rule 33 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

[Revoked]

• Schedule 1 form FP 22A: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).

[Revoked]

• Schedule 1 form FP 22B: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).

Family Proceedings Act 1980 (or Care of Children Act 2004)

We (or I) apply for a fixture for the hearing of the application to which the applicant and the respondent are parties.

A notice of defence has been filed.

or

The time for filing a notice of defence has expired.

All interlocutory matters have been completed. [Delete where this application is not signed by or on behalf of all parties to the action.]

We (or I) believe that the application is in all respects ready for hearing.

The estimated duration of the hearing is [specify].

We (or I) certify that we (or I) have carried out our (or my) responsibilities under section 8(1) of the Family Proceedings Act 1980.

To the Registrar

District Court

[Place of court]

The fixture is made under the authority conferred on me by rule 32A(2) of the Family Proceedings Rules 1981.

• Schedule 1 form FP 23 heading: amended, on 1 July 2005, by rule 11(f) of the Family Proceedings Amendment Rules 2005 (SR 2005/100).

• Schedule 1 form FP 23 heading: amended, on 1 July 1995, by rule 34(a) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

• Schedule 1 form FP 23: amended, on 21 October 2002, by rule 26(4) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).

• Schedule 1 form FP 23: amended, on 1 July 1995, by rule 34(b) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

Family Proceedings Act 1980 (or Care of Children Act 2004)

Upon application made to it the court orders that personal service on the respondent of the application for the following orders: [specify]

be dispensed with and that [insert instructions as to advertising or otherwise] and that the time within which the respondent may file a notice of defence to the application be fixed at [number of days] days from the [date of publication of the advertisement or as otherwise ordered].

• Schedule 1 form FP 24 heading: amended, on 1 July 2005, by rule 11(g) of the Family Proceedings Amendment Rules 2005 (SR 2005/100).

• Schedule 1 form FP 24: amended, on 21 October 2002, by rule 26(5) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).

• Schedule 1 form FP 24: amended, on 21 October 2002, by rule 26(6) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).

In the District Court at [place of court]

To [full name], [occupation], formerly of [address]

[Full name] has filed an application against you for the following orders: [specify]

A copy of the application, with a notice containing information for you, may be obtained from my office.

If you do not file a notice of defence to the application on or before [date] the case may proceed without your being heard.

Any person knowing the whereabouts of the abovenamed [specify] is asked to bring this notice to his (or her) attention.

• Schedule 1 form FP 25: substituted, on 1 July 1995, by rule 30(f) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

• Schedule 1 form FP 25: amended, on 21 October 2002, by rule 26(7) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).

[Revoked]

• Schedule 1 form FP 26: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).

Family Proceedings Act 1980 (or Care of Children Act 2004)

I, [full name], of [address], [occupation], make oath and say:

• 1 I am [give details of occupation, etc],

• 2 Notice to the respondent of the application for [specify] (a copy of which notice is annexed and marked with the letter “A”) was duly advertised in the following newspapers: [state names of newspapers, where published, and dates of publication].

• 3 Extracts which are taken from the above newspapers and which contain the advertisements are annexed and marked with the letters “B” and “C”.

• 4. The newspapers in which the advertisements were published and the respective dates of publication are as follows:

• Schedule 1 form FP 27 heading: amended, on 1 July 2005, by rule 11(h) of the Family Proceedings Amendment Rules 2005 (SR 2005/100).

• Schedule 1 form FP 27 heading: amended, on 21 October 2002, by rule 26(8) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).

Family Proceedings Act 1980 (or Care of Children Act 2004)

To the applicant (or respondent)

You are ordered to file an affidavit stating whether certain documents are in your possession or power, or whether they have been in your possession or power.

The specific matters in relation to which discovery of documents is required are as follows:

The affidavit must be filed within 7 days of service of this order upon you.

You must serve a copy of the affidavit on [full name], the party who applied for this order.

• Schedule 1 form FP 28 heading: amended, on 1 July 2005, by rule 11(i) of the Family Proceedings Amendment Rules 2005 (SR 2005/100).

Family Proceedings Act 1980 (or Care of Children Act 2004)

I, [full name], of [address], [occupation], make oath and say:

• 1 I have in my possession or power the documents specified in the first and second parts of Schedule 1 of this affidavit.

• 2 I object to producing the documents specified in the second part of the said Schedule 1 of this affidavit on the grounds that: [state upon what grounds the objection is made and verify the facts as far as may be].

• 3 I have had, but have not now, in my possession or power the documents specified in Schedule 2 of this affidavit.

• 4 To the best of my knowledge and belief, the documents specified in Schedule 2 of this affidavit are in the possession of the persons specified in that schedule in relation to the documents.

• 5 According to the best of my knowledge, information, and belief, I have not now and have never had in my possession or power, or in the possession or power of my solicitor or agent, or of any other person on my behalf, any document relating to the matters specified in the order for discovery, or any of them, except the documents set forth in Schedules 1 and 2 of this affidavit.

• Schedule 1 form FP 29 heading: amended, on 1 July 2005, by rule 11(j) of the Family Proceedings Amendment Rules 2005 (SR 2005/100).

[Revoked]

• Schedule 1 form FP 30: revoked, on 1 July 1995, by rule 29 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

[Revoked]

• Schedule 1 form FP 31: revoked, on 1 July 1995, by rule 29 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

[Revoked]

• Schedule 1 form FP 32: revoked, on 1 July 1995, by rule 29 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

[Revoked]

• Schedule 1 form FP 33: revoked, on 1 July 1995, by rule 29 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

Section 136, Family Proceedings Act 1980

To [name and address]

I have today registered in this court an order for maintenance made between the abovenamed parties at [place] on [date]. The order provides for the payment of maintenance by you in the following terms:

[Set out the terms of the order.]

Now that this order has been registered in New Zealand, it will be treated like a maintenance order made by a court here.

According to a certificate given by [specify] and filed in this court you owe, under the order, the sum of [specify amount] up to [specify amount].

Unless you are notified to the contrary by the Commissioner of Inland Revenue, all payments under the order must be paid to the Commissioner of Inland Revenue in accordance with the Child Support Act 1991. It is the Commissioner's duty to enforce the order.

If you need help, consult a lawyer or contact a District Court office or an office of the Ministry of Social Development immediately.

• Schedule 1 form FP 34: amended (with effect on 1 October 2001), on 2 August 2003, by section 12(1) of the State Sector Amendment Act 2003 (2003 No 41).

• Schedule 1 form FP 34: amended, on 1 July 1995, by rule 37 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

Section 147, Family Proceedings Act 1980

Upon application made to it for the making against the respondent of—

*a maintenance order in respect of a spouse or a former spouse

*a provisional maintenance order in respect of a child

this court hereby makes a provisional maintenance order (or provisional maintenance orders) against the respondent.

By this provisional maintenance order (or these provisional maintenance orders), this court orders that the respondent—

• (a) pay towards the future maintenance of the applicant the sum of [specify amount] per [specify frequency] until [specify period] (or during the joint lives of [full name] and [full name] or as the case may be):

• (b) pay towards the future maintenance of [full name], a child born on [date of birth], the sum of [specify amount] per [specify frequency] until the child reaches the age of 16 years (or as the court otherwise directs).

This order is (or These orders are) provisional only and shall have no effect unless and until confirmed by a competent court in a place outside New Zealand.

When transmitted by the chief executive of the Ministry of Justice to the country in which the respondent resides, this order must be accompanied by the documents specified in section 147(6) of the Family Proceedings Act 1980. The statement of the grounds on which the making of the order might have been opposed may be in the form of a certificate signed by the Judge hearing the application.

• Schedule 1 form FP 35: amended, on 1 October 2003, pursuant to section 14(2) of the State Sector Amendment Act 2003 (2003 No 41).

• Schedule 1 form FP 35: amended, on 1 July 1995, by rule 38 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

Section 138(3)(a) (or 139(3)), Family Proceedings Act 1980

To [name and address]

On the application of [full name], a provisional order was made against you in the [name of court] Court at [place] on [date] under [state the Act or other authority of the country where the order was made].

The provisional order provides [set out the relevant terms of the provisional order].

Proceedings for the confirmation of the provisional order are now to be heard in New Zealand in this court.

In connection with those proceedings, this court has received, in relation to the provisional order, the following documents:

• a certified copy of that order:

• the depositions of the witnesses:

• a statement of the grounds on which the order might have been opposed [Delete where the provisional order, being an order to which section 139 or section 139A of the Family Proceedings Act 1980 applies, affects a New Zealand maintenance order or a New Zealand maintenance agreement].

Copies of these documents may be obtained from this office of this court.

You are summoned to appear at [time] on [date] in the District Court at [place] to show reasons why the provisional order (or orders) should not be confirmed.

At the hearing it will be open to you to raise any defence which you might have raised in the original proceedings had you been present but no other defence (except [if the provisional order is made in or consequent on an affiliation order] the defence—

• that you are not the father of the child; and

• that the proceedings in which the affiliation order was made were not brought to your notice (either by the service of a summons on you or by any other method permitted by the law of the country in which the affiliation order was made)).

If you do not appear at the hearing, or if on appearing you do not satisfy the court that the order ought not to be confirmed, the court may confirm the order either with or without modifications.

If the court confirms the order, it may also, if it is satisfied that you are of sufficient ability, order you to pay a sum for maintenance between the date of the making of the order and its confirmation. [Include only where section 138(1)(a) of the Family Proceedings Act 1980 applies.]

If the court confirms the order, it will become a maintenance order for the purposes of the Family Proceedings Act 1980 and may be enforced in New Zealand under the Child Support Act 1991. [Include only where section 138(1)(a) of the Family Proceedings Act 1980 applies.]

If you need help, consult a lawyer or contact a District Court office immediately.

The office of the District Court is open from [time] to [time] on Mondays to Fridays inclusive.

• Schedule 1 form FP 36: amended, on 1 July 1995, by rule 39(a) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

• Schedule 1 form FP 36: amended, on 1 July 1995, by rule 39(b) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

Section 138(3)(b), Family Proceedings Act 1980

To every constable

On the application of [full name], a provisional order was made against the respondent in the [name of court] Court at [place] on [date] under [state the Act or other authority of the country where the order was made].

The provisional order provides [set out the terms of the provisional order].

A certified copy of that order, together with the other necessary documents, have now been sent to this court for the hearing of proceedings for the confirmation of the order.

I am satisfied that the address of the respondent is unknown (or a summons has been issued for the attendance of the respondent at this court but has not been served because the respondent cannot be found).

I direct you to arrest the respondent and bring the respondent before a court as soon as possible.

• Schedule 1 form FP 37: amended, on 1 July 1995, by rule 40 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

Section 145J(1)(b), Family Proceedings Act 1980

To: [name and address]

An application by [full name] of [address] for an order against you has been received by this court.

The applicant seeks [set out the terms of the order(s) sought].

Copies of the application and of the accompanying documents sent by the applicant are attached to this summons.

You are summoned to appear at [time] on [date] in the District Court at [place] for the hearing of the application.

If you wish to defend the application, you must, within 21 days after the date on which you receive this notice, file a notice of defence in this office of the court. If you do not file and serve a notice of defence, the case may proceed without further notice to you.

If you do not wish to defend the application but you do wish to know what is happening you should file in this office of the court a notice giving the address of a place in New Zealand at which documents can be left for you.

A lawyer will prepare a notice of defence for you. If you want a lawyer but think you cannot afford one, you should contact an office of the District Court immediately. You may also see a specimen form of the notice of defence at any office of the District Court.

Even if you take no action, the court may summon you as a witness to help it deal with the application.

You will get a copy of any orders made against you. However, any order will probably be in force from the time it is made. The fact that you have not got a copy of the order will not be an excuse for not obeying it.

If the court makes an order, the order will be enforced under the Child Support Act 1991.

If you need help, consult a lawyer or contact a District Court office immediately.

The office of the District Court is open from [time] to [time] on Mondays to Fridays inclusive.

• Schedule 1 form FP 38: amended, on 1 July 1995, by rule 41(a) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

• Schedule 1 form FP 38: amended, on 1 July 1995, by rule 41(b) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

• Schedule 1 form FP 38: amended, on 1 July 1995, by rule 41(c) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

Section 145J(2), Family Proceedings Act 1980

To every constable

An application by [full name] of [address] for an order has been received by this court.

The applicant seeks [set out the terms of the order(s) sought].

The application, together with the other necessary documents, have now been sent to this court to be dealt with.

I am satisfied that the address of the respondent is unknown (or a summons has been issued for the attendance of the respondent at this court but has not been served because the respondent cannot be found).

I direct you to arrest the respondent and bring the respondent before a court as soon as possible.

• Schedule 1 form FP 39: amended, on 1 July 1995, by rule 42 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

Section 138 (or section 139 or section 139A), Family Proceedings Act 1980

On [date] a provisional order was made by the [set out description of court] Court at [place and country] under [set out the Act or other authority].

The provisional order provides [set out the relevant terms of the provisional order].

A summons was duly served upon the respondent to appear on [date] at the District Court at [place] (or The respondent was arrested and brought before the District Court at [place]) to show reasons why the provisional order should not be confirmed.

The respondent on appearing failed to satisfy the court that the order should not be confirmed (or did not appear).

This court orders that the order be confirmed without modification (or with the following modifications [specify]).

*Unless you are notified to the contrary by the Commissioner of Inland Revenue, all payments under the order must be paid to the Commissioner of Inland Revenue in accordance with the Child Support Act 1991. It is the Commissioner's duty to enforce the order.

*The first payment is to be made on [date].

Copies of this order should be forwarded to—

• the Head Office, Ministry of Justice; and

• the court making the provisional order; and

• if the order was made under section 138 of the Family Proceedings Act 1980, the Commissioner of Inland Revenue.

• Schedule 1 form FP 40: amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).

• Schedule 1 form FP 40: amended, on 1 July 1995, by rule 43(a) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

• Schedule 1 form FP 40: amended, on 1 July 1995, by rule 43(b) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

• Schedule 1 form FP 40: amended, on 1 July 1995, by rule 43(c) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

Section 145G, Family Proceedings Act 1980

On application made to it the court orders that the respondent pay, in respect of the maintenance of [full name], a child born on [date]—

• The sum of $[amount] per [specify] towards the future maintenance of the child, until the child reaches the age of [specify] years (or as the court otherwise directs). The first payment is to be made on [date]:

• The sum of $[amount] towards the future maintenance of the child. The sum is payable [specify arrangements for payment, and any conditions]:

• The sum of $[amount] towards the past maintenance of the child. The sum is payable [specify arrangements for payment, and any conditions].

Unless you are notified to the contrary by the Commissioner of Inland Revenue, all payments under the order must be paid to the Commissioner of Inland Revenue in accordance with the Child Support Act 1991. It is the Commissioner's duty to enforce the order.

• Schedule 1 form 40A: inserted, on 1 July 1995, by rule 30(h) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

Family Proceedings Act 1980

To every constable

And to the Manager of [name of prison]

The respondent was arrested on a warrant issued under section 138(3)(b) (or 145J(2)) of the Family Proceedings Act 1980 [or as the case may be].

The further hearing of the application between the abovenamed parties has been adjourned and the respondent has been (remanded in custody for the period of the adjournment or granted bail in the terms certified on the back of this warrant but has not yet entered into a bail bond).

You, the constables, are directed to deliver the respondent to the prison at [place] and you, the Manager, to receive the respondent into your custody and to detain the respondent until [date] when you are required to bring the respondent to the District Court at [place] at [time] for the further hearing of the application.

I certify that the respondent named in this warrant may be released on bail bond being entered into on the following terms:

• Schedule 1 form FP 41: amended, on 1 July 2005, by rule 11(k) of the Family Proceedings Amendment Rules 2005 (SR 2005/100).

• Schedule 1 form FP 41: amended, on 1 July 2005, by rule 11(l) of the Family Proceedings Amendment Rules 2005 (SR 2005/100).

• Schedule 1 form FP 41: amended, on 1 July 2005, by rule 11(m) of the Family Proceedings Amendment Rules 2005 (SR 2005/100).

• Schedule 1 form FP 41: amended, on 1 July 1995, by rule 44 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

Family Proceedings Act 1980

The respondent was arrested on a warrant issued under section 138(3)(b) (or 145J(2)) of the Family Proceedings Act 1980 [or as the case may be].

The further hearing of the application between the abovenamed parties has been adjourned and the court has directed that the respondent be released on bail during the period of the adjournment.

I, [full name] bind myself to attend personally at the District Court at [place] at [time] on [date], which is the date to which the hearing of the application between the parties has been adjourned.

I acknowledge myself bound to forfeit to the Crown the sum of [amount] and I (or we) [full name, address, and occupation of each surety] acknowledge myself (or ourselves) bound to forfeit to the Crown the sum of [amount] (each) if the respondent fails to attend at the time and place to which the hearing has been adjourned.

• Schedule 1 form FP 42: amended, on 1 July 2005, by rule 11(n) of the Family Proceedings Amendment Rules 2005 (SR 2005/100).

• Schedule 1 form FP 42: amended, on 1 July 1995, by rule 45 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

Family Proceedings Act 1980

To the Manager of [name of prison].

The respondent who was remanded into your custody after the respondent's arrest and on the adjournment of an application between the abovenamed parties was granted bail in the following terms: [specify]

The respondent has now entered into a bail bond with (or without) surety (or sureties) in the required amount(s), and you are now directed, if the respondent is detained on the warrant and no other, to release the respondent forthwith.

• Schedule 1 form 43: amended, on 1 July 2005, by rule 11(o) of the Family Proceedings Amendment Rules 2005 (SR 2005/100).

[Revoked]

• Schedule 1 form FP 44: revoked, on 1 July 1995, by rule 29 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

[Revoked]

• Schedule 1 form FP 45: revoked, on 1 July 1995, by rule 29 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

[Revoked]

• Schedule 1 form FP 46: revoked, on 1 July 1995, by rule 29 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

[Revoked]

• Schedule 1 form FP 47: revoked, on 1 July 1995, by rule 29 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

[Revoked]

• Schedule 1 form FP 48: revoked, on 1 July 1995, by rule 29 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

[Revoked]

• Schedule 1 form FP 49: revoked, on 1 July 1995, by rule 29 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

[Revoked]

• Schedule 1 form FP 50: revoked, on 1 July 1995, by rule 29 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

[Revoked]

• Schedule 1 form FP 51: revoked, on 1 July 1995, by rule 29 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

Sections 72 and 73, Care of Children Act 2004

To every constable (or social worker) (or [full name]).

I am satisfied on the application of [full name], of [address], [occupation], that he (or she) has the role of providing day-to-day care for (or is entitled under a parenting order or other order specified in section 73(1) of the Care of Children Act 2004 to have direct contact with) [full name], a child aged [specify] years.

I direct you to take the child (using reasonable force if necessary) and to deliver the child to [full name of applicant or of other person or authority to whom child is to be delivered on behalf of applicant], and to report to this court when you have done so.

For the purpose of executing this warrant, you are authorised by section 75(1) of the Care of Children Act 2004 to enter and search any building, aircraft, ship, vehicle, premises, or place, with or without assistance, and by force if necessary.

You are required to have this warrant with you when executing it and to produce it on initial entry and, if requested, at any later time.

You must also comply with any other applicable requirements of section 75(2) of the Care of Children Act 2004.

Under section 79 of the Care of Children Act 2004, you commit an offence for which you may be sentenced to imprisonment if you knowingly resist or obstruct a person executing this warrant, or knowingly fail or refuse to afford a person of that kind immediate entrance to (all or a part of) any premises. Under section 315(2) of the Crimes Act 1961, a constable (and persons the constable calls to his or her assistance) may arrest and take into custody without a warrant a person whom the constable finds committing, or has good cause to suspect of having committed, an offence punishable by imprisonment.

If use of a faxed copy of this warrant is authorised by an authority to prevent delay in execution of the warrant, the authority must, under section 76 of the Care of Children Act 2004, write and sign a note on the front of the warrant stating—

• the fact that a faxed copy of the warrant may be used for the purpose of executing the warrant; and

• the date and time at which the authorisation expires, which must be the close of the third day after the day on which the authorisation is granted.

• Schedule 1 form FP 52: substituted, on 1 July 2005, by rule 10(1) of the Family Proceedings Amendment Rules 2005 (SR 2005/100).

Sections 77 and 118, Care of Children Act 2004

To every constable (or social worker).

I have reason to believe that [full name], a child aged [specify] years, is about to be taken out of New Zealand with intent to, or in circumstances where the taking of the child would be likely to,—

* defeat the claim of [full name], of [address], [occupation], who has applied for (or is about to apply for) the role of providing day-to-day care for, or for an order for contact with, the child; or

* prevent an order made in the [court] at [place] on [date] (or registered under section 81 of the Care of Children Act 2004) about the role of providing day-to-day care for, or about contact with, the child, from being complied with.

The child is said to be in the care of [full name] of [address].

(*There being no High Court Judge or District Court Judge or Family Court Judge available) I direct you to take the child (using reasonable force if necessary) and place the child in the care of some suitable person pending the order or further order of the court having jurisdiction in the case.

When you have executed this warrant in accordance with the direction, you must advise this court immediately of the name and address of the person with whom you have placed the child.

Under section 79 of the Care of Children Act 2004, it is an offence punishable by imprisonment if you knowingly resist or obstruct a person executing this warrant, or knowingly fail or refuse to afford a person of that kind immediate entrance to (all or a part of) any premises. Under section 315(2) of the Crimes Act 1961, a constable (and persons the constable calls to his or her assistance) may arrest and take into custody without a warrant a person whom the constable finds committing, or has good cause to suspect of having committed, an offence punishable by imprisonment.

If use of a faxed copy of this warrant is authorised by an authority to prevent delay in execution of the warrant, the authority must, under section 76 of the Care of Children Act 2004, write and sign a note on the front of the warrant stating—

• the fact that a faxed copy of the warrant may be used for the purpose of executing the warrant; and

• the date and time at which the authorisation expires, which must be the close of the third day after the day on which the authorisation is granted.

• Schedule 1 form FP 53: substituted, on 1 July 2005, by rule 10(2) of the Family Proceedings Amendment Rules 2005 (SR 2005/100).

[Revoked]

• Schedule 1 form FP 54: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).

[Revoked]

• Schedule 1 form FP 55: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).

[Revoked]

• Schedule 1 form FP 56: repealed, on 1 July 1995, by regulation 29 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

[Revoked]

• Schedule 1 form FP 57: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).

[Revoked]

• Schedule 1 form FP 58: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).

[Revoked]

• Schedule 1 form FP 59: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).

[Revoked]

• Schedule 1 form FP 60: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).

[Revoked]

• Schedule 1 form FP 61: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).

Section 259, Child Support Act 1991; Section 134, Family Proceedings Act 1980

I, [full name], of [address], [occupation] make oath and say that—

• 1 A maintenance order was made on [date] against the respondent (and subsequently varied) in the following terms: [set out the terms of the maintenance order together with any variations and date(s) thereof].

or

• 1 A maintenance agreement between me and the respondent in the following terms (and subsequently varied) was registered on [date]: [set out terms of agreement together with any registered variations and the date(s) of registration].

• 2 I have reasonable cause to believe that the respondent is about to leave New Zealand with intent to avoid payment of maintenance in that [set out facts supporting the application, including the present whereabouts of the respondent, if known].

District Court

[Place of court]

This application is filed by [name], whose address for service is at [address]

• Schedule 1 form FP 62: substituted, on 1 July 1995, by rule 30(j) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

Section 259, Child Support Act 1991; Section 103, Family Proceedings Act 1980

To the Registrar

District Court

[Place of court]

I, [full name], of [address], the Maintenance Officer at [specify] [or as the case may be], request the issue of a warrant of distress under section 103 of the Family Proceedings Act 1980 against the respondent.

[Set out details of the maintenance order (or maintenance agreement) and any variations.]

I certify—

• that payments under the order (or agreement) are in arrear and unpaid for not less than 14 days; and

• that there is now due and owing under the order (or agreement) the sum of [specify] up to [date].

Request filed: [date] [time] [initials]

Warrant issued: [date] [time] [initials]

• Schedule 1 form FP 63: substituted, on 1 July 1995, by rule 30(j) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

Section 259, Child Support Act 1991; Section 103, Family Proceedings Act 1980

To every bailiff and constable

Under a maintenance order (or maintenance agreement) dated [date] payments due by the respondent are, at the time of the issue of this warrant, in arrear and unpaid for not less than 14 days.

I direct you forthwith to levy or cause to be levied the sum of [specify], and the costs of the execution of this warrant, by seizure and sale of any of the respondent's goods and chattels, except the respondent's necessary tools of trade to a value not exceeding $500 and the respondent's necessary household furniture and effects, including the wearing apparel of the respondent and any members of the respondent's family, to a value not exceeding $2,000.

In pursuance of that direction you are also authorised to seize and take away, and deliver to the Registrar of this court, any money, bank notes, bills of exchange, promissory notes, bonds, specialities, or other securities for money belonging to the respondent.

You are directed to pay what you levy to the Registrar of this court (or to the Registrar of the court at [place]) and to make return of what you do by virtue of this warrant immediately upon the execution thereof.

If no sufficient goods or money can be found or if the respondent cannot be found, you are required to report back to this court and to state what your inquiries have shown.

Goods seized in execution under this warrant are to be sold by public auction unless a court otherwise orders.

No goods seized in execution under this warrant are to be sold until the expiration of a period of at least 5 days next following the day on which the goods were seized unless—

• (a) the goods are of a perishable nature; or

• (b) the person whose goods have been seized so requests in writing.

For the purpose of executing this warrant, you may at any time enter on any premises, by force if necessary, if you have reasonable cause to believe that the property in respect of which it is issued is on those premises. If any person in actual occupation of the premises requires you to produce evidence of your authority, you must produce this warrant before entering on the premises.

A request was made to the court for the issue of this warrant at [specify] minutes past the hour of [specify] on [date] by [full name].

[Form 74 in the District Courts Rules is to be endorsed hereon where necessary.]

• Schedule 1 form FP 64: substituted, on 1 July 1995, by rule 30(j) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

Section 259, Child Support Act 1991; Section 124(1), Family Proceedings Act 1980

To [name and address]

*A maintenance order was made against you on [date].

*The terms of the order are [specify]

*A maintenance agreement between [specify] and you was registered on [date]. The terms of the agreement are [specify].

The amount of [specify] was in arrear and unpaid under the order (or agreement) on [date].

You are summoned to appear at [time] on [date] at the District Court at [place] to be examined orally as to your means and as to the reasons for your failure to pay the maintenance in arrear. If you pay the above amount before the above date you need not appear for examination.

You must bring to the hearing any books, papers, and documents relating to your debts and to your failure to pay.

The office of the District Court is open from [time] to [time] on Mondays to Fridays inclusive.

You may be represented at the examination by a lawyer if you wish.

If you fail to appear in answer to this summons, a warrant may be issued for your arrest.

If you need help, consult a lawyer or contact a District Court office immediately.

• Schedule 1 form FP 65: substituted, on 1 July 1995, by rule 30(j) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

Section 259, Child Support Act 1991; Section 124(4), Family Proceedings Act 1980

To every constable

A summons was issued requiring the respondent to appear on [date] at the District Court at [place] to be examined as to the respondent's means and as to the reasons for the respondent's failure to pay maintenance under a maintenance order (agreement).

The examination was adjourned to [specify] [delete if not applicable].

The summons could not be served (or The respondent did not appear.)

I direct you to arrest the respondent and bring the respondent before the court as soon as possible.

If you believe that the respondent cannot be brought before the court within 72 hours after the arrest of the respondent, you need not execute the warrant immediately.

• Schedule 1 form FP 66: added, on 1 July 1995, by rule 30(j) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

Section 259, Child Support Act 1991; Section 126(1), Family Proceedings Act 1980

To [name and address]

[Full name] has been summoned to appear to be examined orally as to his (or her) means and as to his (or her) reasons for failure to pay maintenance under a maintenance order (agreement).

I believe—

*that you have possession of books, papers, or documents relating to the affairs or property of the respondent; or

*that you are capable of giving information concerning the respondent's income from any sources or concerning the respondent's expenditure.

You are summoned to appear as a witness at the examination at [time] on [date] at the District Court at [place].

*You are required to bring with you and produce [set out details of the book, paper, or document].

If you are required to travel more than 20 kilometres to attend the examination you are entitled to a sum for expenses.

If you fail to appear in answer to this summons, a warrant may be issued for your arrest.

If you need help, consult a lawyer or contact a District Court office immediately.

• Schedule 1 form FP 67: added, on 1 July 1995, by rule 30(j) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

Section 259, Child Support Act 1991; Section 126(4), Family Proceedings Act 1980

To every constable

[Full name], of [address], [occupation], was summoned to appear on [date] at [place] as a witness at an examination as to the means of the respondent and as to the reasons for the respondent's failure to pay maintenance under a maintenance order (agreement).

The witness failed to appear.

I am satisfied—

• that the summons was duly served on the witness; and

• that the witness was not required to travel more than 20 kilometres to attend the examination (or That expenses in accordance with the prescribed scale were tendered to the witness).

I direct you to arrest the witness, [full name], and bring him (or her) before the court as soon as possible.

If you believe that the witness cannot be brought before the court within 72 hours after the arrest of the witness, you need not execute the warrant immediately.

• Schedule 1 form FP 68: added, on 1 July 1995, by rule 30(j) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

Section 259, Child Support Act 1991; Section 130(5), Family Proceedings Act 1980

To every constable

It is alleged that the respondent has wilfully disobeyed a maintenance order (agreement). As a result an application has been made under section 130(2) of the Family Proceedings Act 1980.

The application (with its supporting affidavit) was served on the respondent but the respondent did not attend the hearing of the application on [date] at [place].

or

The application (with its supporting affidavit) could not be served on the respondent.

I direct you to arrest the respondent and bring the respondent before the court as soon as possible.

If you believe that the respondent cannot be brought before the court within 72 hours after the respondent's arrest, you need not execute the warrant immediately.

• Schedule 1 form FP 69: added, on 1 July 1995, by rule 30(j) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

Section 259, Child Support Act 1991; Section 134, Family Proceedings Act 1980

To every constable

A maintenance order was made on [date] against the respondent (and subsequently varied) in the following terms: [set out the terms of the maintenance order together with any variations and the date(s) thereof].

or

A maintenance agreement between the applicant and the respondent in the following terms (and subsequently varied) was registered on [date]: [set out terms of agreement together with any registered variations and the date(s) of registration].

or

The applicant has applied (or is entitled to apply) for a maintenance order against the respondent in respect of [specify].

I am satisfied that there is reasonable cause to believe the respondent is about to leave New Zealand with intent to avoid payment of maintenance.

(*There being no District Court Judge available and the case appearing to be one of urgency) I direct you to arrest the respondent and bring the respondent before a District Court as soon as possible.

• Schedule 1 form FP 70: added, on 1 July 1995, by rule 30(j) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

Section 259, Child Support Act 1991; Section 105, Family Proceedings Act 1980

By a maintenance order made (maintenance agreement registered) on [date] (and subsequently varied) the respondent was ordered (agreed) to pay towards the future support of [set out terms of order or agreement and any variations].

The court is satisfied that [full name] is the employer of the respondent.

The court orders that money due and payable, or at any time becoming due and payable, under the maintenance order (agreement) shall, by way of weekly payments of [specify] per week, be a charge on any salary or wages that from time to time while this attachment order remains in force become due and payable by the employer to the respondent.

The protected earnings rate, below which the net earnings paid to the respondent shall not be reduced by reason of compliance with the order, is [specify] per week.

The charge created shall attach to all wages or salary that become due and payable by the employer to the respondent at any time while this attachment order remains in force, whether the contract of employment in respect of which the salary became due existed at the date of this order or not, and shall prevail over and have priority to any assignment made or charge created by the respondent, whether before or after the making of this order.

While this order remains in force the employer shall from time to time, whenever any money becomes due and payable by the employer to the respondent by way of wages or salary, deduct from it the sum of [specify] per week. In any week the employer shall not deduct an amount that reduces the net earnings paid to the respondent below the protected earnings rate.

The first deduction is to be made on the pay day following the date on which a copy of this order is served on the employer. A deduction is to be made on every subsequent pay day. The money deducted is to be paid to a Maintenance Officer at any office of the Ministry of Social Development [or as the court may direct] within 14 days.

• 1 An employer, in making any deduction or payment under this order, shall not be concerned to inquire whether any money is due and payable under the maintenance order (agreement).

• 2 Every employer commits an offence and is liable to a fine not exceeding $200 who without reasonable excuse fails to deduct from any money due and payable to the employee such sum as is sufficient to satisfy the charge on the money so far as the same has accrued before the day on which the salary or wages become due and payable.

• 3 Every employer commits an offence and is liable to a fine not exceeding $200 who without reasonable excuse fails within 14 days after deducting any sum from the wages or salary of an employee to pay the sum deducted to the person specified in the order.

• 4 Every employer commits an offence and is liable to a fine not exceeding $500 who dismisses any employee or alters any employee's position in the employer's business or undertaking to the employee's prejudice by reason of an attachment order having been served on the employer.

• 5 Where a respondent in respect of whom an attachment order is in force leaves or is dismissed from the respondent's employment, the employer is required within 7 days thereof to notify a Maintenance Officer at any office of the Ministry of Social Development.

• 6 If you need help, consult a lawyer or contact a District Court office or an office of the Ministry of Social Development immediately.

• Schedule 1 form FP 71: added, on 1 July 1995, by rule 30(j) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

• Schedule 1 form FP 71: amended (with effect on 1 October 2001), on 2 August 2003, by section 12(1) of the State Sector Amendment Act 2003 (2003 No 41).

Section 259, Child Support Act 1991; Section 118, Family Proceedings Act 1980

By a maintenance order made (maintenance agreement registered) on [date] (and subsequently varied) the respondent was ordered (agreed) to pay maintenance as follows: [set out terms of order (agreement) and any variations].

The court is satisfied that the respondent is entitled to the following property: [describe property to be charged, and, if the order is to bind the Crown, particulars as required by section 120 of the Family Proceedings Act 1980].

The court orders that the money payable or to become payable under the maintenance order (agreement) shall be a charge upon the property described above and, subject in the case of any real property to registration of a duplicate or copy of this order under the seal of the court against the appropriate title to the land [or as the case may require] the property is charged in favour of [full name] to whom for the time being and from time to time the money is or becomes payable.

• Schedule 1 form FP 72: added, on 1 July 1995, by rule 30(j) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

Section 259, Child Support Act 1991; Section 121, Family Proceedings Act 1980

By a maintenance order made (maintenance agreement registered) on [date] (and subsequently varied) the respondent was ordered (agreed) to pay maintenance as follows: [set out terms of order (agreement) and any variations].

On [date] an order was made that money payable or to become payable under the maintenance order (agreement) shall be a charge upon the following property to which the respondent is entitled:

[Describe the property charged.]

That charge is in favour of [full name], being the person to whom for the time being and from time to time the money is or becomes payable.

The court is satisfied that payments due under the maintenance order (agreement) are in arrear and unpaid and that there is due and payable the sum of $[amount].

*And is satisfied that a copy of the charging order has been registered against the appropriate title to the land described above [or as the case may be]

†And is satisfied that a copy of the charging order has been served on the respondent

‡And that the proposed receiver has entered into and filed a bond to the satisfaction of the Registrar for the due administration of his or her receivership.

The court orders that [full name and description of receiver] be the receiver of [describe terms of order].

Subject to the provisions of the Family Proceedings Act 1980, all money received by the receiver in the exercise of his or her powers shall, after payment of all expenses incurred by him or her and of such remuneration (if any) as may be allowed by the court (or, where Public Trust is receiver, as fixed by regulations under the Public Trust Act 2001) be held by the receiver in trust—

• to pay and satisfy all money from time to time accruing due under the maintenance order (agreement):

• to hold the residue of the money so received until the charging order or this receiving order is discharged, or the court sooner directs, and thereupon to pay it to the person who would be entitled to the money if no such charging or receiving order was in force.

• Schedule 1 form FP 73: added, on 1 July 1995, by rule 30(j) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).

• Schedule 1 form FP 73: amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

• Schedule 1 form FP 73: amended, on 1 March 2002, pursuant to section 152(1) of the Public Trust Act 2001 (2001 No 100).

• Schedule 1 form FP 73: amended, on 1 March 2002, pursuant to section 168(1) of the Public Trust Act 2001 (2001 No 100).