CS No:

In the District Court at [place]

Applicant

[Full name, address, and occupation]

Respondent

[Full name, address, and occupation]

CS No:

In the District Court at [place]

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

1

2

3

4

5

6

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:

Full name of other party (or other applicant (in the case of a joint application)):

Relationship, if any, to applicant or other applicant:

Occupation:

Age in years at date of application:

*Home address:

*Work address:

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

*Country of residence:

[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]

Full name of each child:

Age at application:

Date of birth:

Name of person with whom each child is living at the time of application, and the relationship (if any) of that person to the child:

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

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

For court use:

Date stamp:

Form CS 3
Application for declaration that another person is a step-parent of a child

Section 99(1), Child Support Act 1991

CS No:

I, [full name], declare that I am an eligible custodian of [full name of child].

I apply for a declaration that [full name of respondent] is a step-parent of the child for the purposes of the Act.

This application is made on the following ground(s):

[State the ground(s) on which the application is made, referring to any relevant circumstances set out in section 99(4) of the Act to which the court is to have regard].

I say:

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

Signature of applicant:

Date:

To the Registrar

District Court

[place]

and

To the Respondent.

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

Form CS 4
Application for declaration that applicant is a step-parent of a child

Section 99(2), Child Support Act 1991

I, [full name], wish to be declared to be a step-parent of [full name of child] for the purposes of the Act.

I apply for a declaration to that effect.

This application is made on the following ground(s):

[State the ground(s) on which the application is made, referring to any relevant circumstances set out in section 99(4) of the Act to which the court is to have regard].

I say:

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

Signature of applicant:

Date:

To the Registrar

District Court

[place]

and

To the Respondent.

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

Form CS 5
Notice of appeal against Commissioner's decision to accept application for formula assessment of child support

Section 100, Child Support Act 1991

CS No:

In the District Court at [place]

Appellant

[Full name, address, and occupation of objector]

Respondent

The Commissioner of Inland Revenue

I, [full name], object to the Commissioner's decision under section 17(1) of the Act to accept an application for formula assessment of child support.

Attached is a copy of the Commissioner's notification that the application has been accepted.

The name of each child in respect of whom the application sought payment of child support, and the name(s) of the eligible custodian(s) of that child (or those children) are as follows:

Full name of child:

Full name of custodian:

I objected to the Commissioner on [date] against the Commissioner's decision to accept the application for formula assessment of child support.

The Commissioner disallowed the objection on [date].

Take notice that I intend to appeal to the District Court against the Commissioner's decision to accept the application for formula assessment of child support in respect of [full name of child(ren)] and [full name of custodian(s)] on the following ground(s):

• the application was not made in respect of a qualifying child:

• the application was not made by an eligible applicant:

• the application required the payment of child support by a person who was not liable to pay child support under the Act in respect of the child.

I say:

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

Signature of appellant:

Date:

To the Registrar

District Court

[place]

and

To the Respondent.

This notice of appeal is filed by [name], whose address for service is at [address].

Form CS 6
Order upholding or disallowing appeal made under section 100

Section 100, Child Support Act 1991

CS No:

In the District Court at [place]

Appellant

[Full name, address, and occupation of objector]

Respondent

The Commissioner of Inland Revenue

Upon appeal to it, the court upholds (or dismisses) the appellant's appeal against the Commissioner's decision to accept an application for formula assessment of child support in respect of the following child(ren) and the following custodian(s):

Full name of child:

Full name of custodian:

Form CS 7
Notice of appeal against Commissioner's decision to refuse to accept application for formula assessment of child support

Section 101, Child Support Act 1991

CS No:

In the District Court at [place]

Appellant

[Full name, address, and occupation of objector]

Respondent

The Commissioner of Inland Revenue

I, [full name], object to the Commissioner's decision under section 17(2) of the Act to refuse to accept an application for formula assessment of child support.

Attached is a copy of the Commissioner's notification that the application has been refused.

The name of each child in respect of whom the application sought payment of child support, and the name(s) of the eligible custodian(s) of that child (or those children) are as follows:

Full name of child:

Full name of custodian:

I objected to the Commissioner on [date] against the Commissioner's decision to refuse to accept the application for formula assessment of child support.

The Commissioner disallowed the objection on [date].

Take notice that I intend to appeal to the District Court against the Commissioner's decision to refuse to accept the application for formula assessment of child support in respect of [full name of child(ren)] and [full name of custodian(s)] on the grounds that—

• the application was made in respect of a qualifying child; and

• the application was made by an eligible applicant; and

• the application required the payment of child support by a person who was liable to pay child support under the Act in respect of the child.

I say:

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

Signature of appellant:

Date:

To the Registrar

District Court

[place]

and

To the Respondent.

This notice of appeal is filed by [name], whose address for service is at [address].

Form CS 8
Order upholding or disallowing appeal made under section 101

Section 101, Child Support Act 1991

CS No:

In the District Court at [place]

Appellant

[Full name, address, and occupation of objector]

Respondent

The Commissioner of Inland Revenue

Upon appeal to it, the court upholds (or dismisses) the appellant's appeal against the Commissioner's decision to refuse to accept an application for formula assessment of child support in respect of the following child(ren) and the following custodian(s):

Full name of child:

Full name of custodian:

Form CS 9
Notice of appeal against other administrative decisions of Commissioner

Section 102, Child Support Act 1991

CS No:

In the District Court at [place]

Appellant

[Full name, address, and occupation of objector]

Respondent

The Commissioner of Inland Revenue

Take notice that I, [full name], intend to appeal to the District Court against the Commissioner's decision dated [date] to [give particulars of the appealable decision appealed against].

I objected to the Commissioner on [date] against that decision.

The Commissioner disallowed the objection on [date].

The grounds of the appeal are as follows:

[State the grounds on which the application is made].

I say:

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

Signature of appellant:

Date:

To the Registrar

District Court

[place]

and

To the Respondent.

This notice of appeal is filed by [name], whose address for service is at [address].

Form CS 10
Order upholding or disallowing appeal made under section 102

Section 102, Child Support Act 1991

CS No:

In the District Court at [place]

Appellant

[Full name, address, and occupation of objector]

Respondent

The Commissioner of Inland Revenue

Upon appeal to it, the court upholds (or dismisses) the appellant's appeal against the Commissioner's decision dated [date] to [state decision appealed against].

*The court makes the following order: [specify any order made].

Form CS 11
Notice of appeal against assessment

Section 103, Child Support Act 1991

CS No:

In the District Court at [place]

Appellant

[Full name, address, and occupation of objector]

Respondent

The Commissioner of Inland Revenue

Take notice that I, [full name], intend to appeal to the District Court against the Commissioner's assessment of child support. Attached is a copy of the assessment.

I objected to the Commissioner on [date] against that assessment.

The Commissioner disallowed the objection on [date].

The grounds of the appeal are as follows:

[State the grounds on which the application is made].

I say:

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

Signature of appellant:

Date:

To the Registrar

District Court

[place]

and

To the Respondent.

This notice of appeal is filed by [name], whose address for service is at [address].

Form CS 12
Order upholding or disallowing appeal against assessment

Section 103, Child Support Act 1991

CS No:

In the District Court at [place]

Appellant

[Full name, address, and occupation of objector]

Respondent

The Commissioner of Inland Revenue

Upon appeal to it, the court upholds (or dismisses) the appellant's appeal against the Commissioner's assessment of child support in respect of [state assessment appealed against].

*The assessment is to be corrected as follows:

Form CS 13
Application for departure from formula assessment in special circumstances

Section 104, Child Support Act 1991

I, [full name], declare that I am—

*a qualifying custodian of [full name of child(ren)]:

*a liable parent in relation to [full name of child(ren)].

A formula assessment of child support is in force in relation to the child(ren), the applicant, and the respondent. Attached is a copy of the assessment.

Take notice that I intend to apply to the District Court for an order that all or some of the provisions of the Act relating to the formula assessment of child support be departed from in relation to [full name of child(ren)]. I apply for an order [state precisely the nature of the order sought, referring to the relevant provision of section 106 of the Act].

This application is made on the following ground(s):

[State the ground(s) on which the application is made, referring to—

• (a) any relevant grounds for departure set out in section 105(2) of the Act that exist; and

• (b) the reasons why it would be—

  • (i) just and equitable as regards the child(ren), the applicant, and the respondent; and

  • (ii) otherwise proper,—

  to make a particular order of the type specified in section 106 of the Act].

I say:

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

Signature of appellant:

Date:

To the Registrar

District Court

[place]

and

To the Respondent.

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

Form CS 14
Order for departure from formula assessment

Section 106, Child Support Act 1991

Upon application made to it under section 104 of the Act, the court orders that the provisions of the Act relating to formula assessment of child support be departed from in relation to [full name of child(ren)].

The order(s) made is (or are) as follows:

The order shall—

*apply for the period of time beginning on [date] and ending with [date]; or

*terminate when [specify the event the occurrence of which will cause the order to terminate].

Form CS 15
Application for order for provision of child support in form of lump sum

Section 108, Child Support Act 1991

I, [full name], declare that I am—

*a qualifying custodian of [full name of child(ren)]:

*a liable parent in relation to [full name of child(ren)]

A formula assessment of child support is in force in relation to the child(ren), the applicant, and the respondent. Attached is a copy of the assessment.

Take notice that I intend to apply to the District Court for an order that the respondent (or applicant) provide child support for the child(ren) otherwise than in the form of periodic amounts paid to the applicant (or respondent). I apply for an order [state precisely the nature of the order sought].

This application is made on the following ground(s):

[State the ground(s) on which the application is made, referring to the reasons why it would be—

• (a) just and equitable as regards the child(ren), the applicant, and the respondent; and

• (b) otherwise proper,—

to make a particular order of the type specified in section 109(2) of the Act].

I say:

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

*There is (or there is not) a pending application made to the court under section 104 of the Act in relation to the child(ren), the applicant, and the respondent to be heard and determined.

or

*Attached is a copy of an order in force under section 106 of the Act in relation to the child(ren), the appellant, and the respondent.

Signature of appellant:

Date:

To the Registrar

District Court

[place]

and

To the Respondent.

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

Form CS 16
Order for provision of child support in form of lump sum

Section 109(2), Child Support Act 1991

Upon application made to it under section 108 of the Act, the court orders that the respondent (or applicant) provide child support for [full name of child(ren)] otherwise than in the form of periodic amounts paid to the applicant (or respondent).

The order(s) made is (or are) as follows:

 [specify]

*The child support ordered to be paid under this order shall be credited against the respondent's (or applicant's) liability to pay child support under the formula assessment for any period for which this order relates, and for that purpose—

• *(a) the child support ordered to be paid under this order has a annual value of $[amount] and the annual rate of child support payable under any relevant formula assessment is to be reduced, but not below $520, by that amount; or

• *(b) the child support ordered to be paid under this order is to count for [amount]% of the annual rate of child support payable under any relevant formula assessment.

or

*The child support ordered to be paid under this order shall not be credited against the respondent's (or applicant's) liability to pay child support under the formula assessment.

The period to which this order relates begins on [date] and ends with [date].

Form CS 17
Application for order to discharge (or suspend or revive or vary) an order made under section 106 or section 109 of the Act

Section 112, Child Support Act 1991

I, [full name], declare that I am—

*a qualifying custodian of [full name of child(ren)]:

*a liable parent in relation to [full name of child(ren)]:

*the Commissioner of Inland Revenue (or an employee of the Crown appearing for the Commissioner of Inland Revenue).

An order dated [date] made under section 106 (or section 109) of the Act is in force in relation to [full name of child(ren)]. Attached is a copy of the order.

Take notice that I intend to apply to the District Court for an order to discharge (or suspend or revive or vary) the order.

This application is made on the following ground(s):

[State the ground(s) on which the application is made, referring to—

• (a) the reasons why it would be—

  • (i) just and equitable as regards the child(ren), the qualifying custodian, and the liable parent concerned; and

  • (ii) otherwise proper,—

  to make the order; and

• (b) in the case of an application for variation, the matters as to which the court must be satisfied under section 112(4) of the Act].

I say:

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

Signature of applicant:

Date:

To the Registrar

District Court

[place]

and

To the Respondent.

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

Form CS 18
Order to discharge (or suspend or revive or vary) an order made under section 106 or section 109 of the Act

Section 112, Child Support Act 1991

Upon application made to it under section 112 of the Act, the court orders that the order of the court dated [date] made under section 106 (or section 109) of the Act in relation to [full name of child(ren)]—

• *(a) be discharged; or

• *(b) be suspended wholly (or in part) until a further order (or until [specify date] or until [specify the happening of a future event]); or

• *(c) be revived wholly (or in part); or

• *(d) be varied in the following way:

Form CS 19
Application for order to set aside a voluntary agreement

Section 113, Child Support Act 1991

I, [full name], declare that I am a party to an agreement dated [date].

Attached is a copy of the agreement.

Take notice that I intend to apply to the District Court for an order to set aside the agreement on the ground—

• *(a) that my concurrence was obtained by fraud (or undue influence); or

• *(b) that I was influenced in my decision to enter into the agreement by a mistake that was material to me.

I say:

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

*I also apply for an order [state precisely the nature of any order sought which the court is empowered to make under section 113(3) of the Act].

Signature of applicant:

Date:

To the Registrar

District Court

[place]

and

To the Respondent.

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

Form CS 20
Order to set aside voluntary agreement

Section 113, Child Support Act 1991

Upon application made to it under section 113 of the Act, the court orders that the agreement dated [date] made between the applicant and the respondent be set aside.

*The court makes the following order: [specify any order made under section 113(3) of the Act].

Form CS 21
Application for urgent maintenance order

Section 116, Child Support Act 1991

I applied to the Commissioner on [date] for formula assessment of child support in respect of [full name of child(ren)]. The respondent is the person from whom the application sought payment of child support. Attached is a copy of that application.

I am not a social security beneficiary.

Take notice that I intend to apply to the District Court for an order that the respondent pay periodic or other amounts towards the maintenance of [full name of child(ren)]. I apply for an order [state precisely the nature of the order sought].

[Full name of child(ren)] is (or are) in urgent need of financial assistance because—

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

Signature of applicant:

Date:

To the Registrar

District Court

[place]

and

To the Respondent.

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

Form CS 22
Urgent maintenance order

Section 116, Child Support Act 1991

Upon application to it, the court orders that the respondent pay $[amount] per week (or per month) (or [specify the amount(s) to be paid]) towards the maintenance of [full name of child(ren)].

The order shall apply for the period of time beginning on [date] and ending with [date]—

Except that the order shall not apply after—

• (a) the final determination under the Act that child support is not payable for the child; or

• (b) if a determination is made under the Act that child support is payable for the child, the receipt by the applicant of, or on account of, the first payment of such child support.

Form CS 23
Application for suspension order

Section 117, Child Support Act 1991

A proceeding for [specify order sought] was instituted in the District Court on [date] (or an objection was made by [full name of objector] under Part 6 of the Act on [date]).

Take notice that I intend to apply to the District Court for an order suspending (or altering) the liability of [full name] to make payments under the Act pending the hearing and final determination of the proceeding.

This application is made on the following ground(s):

[State the ground(s) on which the application is made].

I say:

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

Signature of applicant:

Date:

To the Registrar

District Court

[place]

and

To the Respondent.

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

Where the application may, in accordance with section 117(5) of the Act, be made and dealt with ex parte, amend the form accordingly.

Form CS 24
Suspension order

Section 117, Child Support Act 1991

Upon application to it, the court orders that the liability of [full name] to make payments under the Act be suspended (or be varied as follows: [specify]) pending the hearing and final determination of the proceeding for [specify] instituted in the District Court on [date] (or of the objection by [full name of objector] made under Part 6 of the Act on [date]).

This order is subject to the following terms and conditions:

[Specify any terms and conditions].

*this order operates for the period beginning on [date] and ending with [date]; or

*this order operates until the decision of the court determining the proceeding becomes final.

Form CS 25
General application on notice

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].

Signature of applicant:

Date:

To the Registrar

District Court

[place]

and

To the Respondent.

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

CS No:

In the District Court at [place]

To

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.

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

• (a) file a notice of defence and an accompanying affidavit in this office of the court; and

• (b) serve a copy of the notice of defence and a copy of the accompanying affidavit on the other party to the proceedings. The copies 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 and accompanying affidavit 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—

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

• (b) 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 and accompanying affidavit within time.

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

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.

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 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 CS 26: amended, on 3 August 2009, by rule 7(1) of the Child Support Amendment Rules 2009 (SR 2009/187).

CS No:

In the District Court at [place]

To

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 Act].

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 or her to act for you. If you wish to defend the application, you must, within [specify] days of receiving this notice,—

• (a) file a notice of defence and an accompanying affidavit in this office of the court; and

• (b) serve a copy of the notice of defence and a copy of the accompanying affidavit on the other party to the proceedings. The copies 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 and accompanying affidavit 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—

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

• (b) 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 and accompanying affidavit within time.

If you do not file and serve a notice of defence and accompanying affidavit, 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—

• (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.

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 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 CS 27: amended, on 3 August 2009, by rule 7(2) of the Child Support Amendment Rules 2009 (SR 2009/187).

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].

To the Registrar

District Court

[place]

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

[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.

Child Support Act 1991

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

• 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 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.]

Signature of respondent:

Date:

To the Registrar

District Court

[place]

and

To the Applicant.

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

Section 125, Child Support Act 1991

I, [full name], of [address], [occupation], hereby intervene in the above proceedings.

I am—

*the Commissioner of Inland Revenue:

*the custodian of [full name of child(ren)] who is(are) the child(ren) in respect of whom child support is sought:

*a person by whom (or from whom) financial support is sought.

Signature of person intervening:

Date:

To the Registrar

District Court

[place]

and

To the Applicant.

and

To the Respondent.

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

The person intervening now becomes a party to the proceedings.

Child Support Act 1991

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].

To the Registrar

District Court

[place]

The fixture is made under the authority conferred on me by rule 25(2)(b) of the Child Support Rules 1992.

Date and time of fixture:

Child Support Act 1991

Upon application made to it, the court orders that personal service on the respondent of the application for—

 [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] days from [date of publication of the advertisement or as otherwise ordered].

In the District Court at [place]

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 [name] is asked to bring this notice to his (or her) attention.

Child Support Act 1991

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

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

• 2 Notice to the respondent of the application for [specify] (a copy of which notice is annexed hereto 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 hereto 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:

  Extract “B” [newspaper, date of publication]

  Extract “C” [newspaper, date of publication]

Signature of deponent:

Sworn at [place, date], before me—

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:

1

2

3

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.

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 Schedule 1 of this affidavit on the grounds that: [here 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.

Signature of deponent:

Sworn at [place, date], before me—

Section 234(2)(d), Child Support Act 1991

I, [full name], of [address], [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.]

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

• 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 $[amount]

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

• 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.

Signature:

Declared at [place, date]

Form CS 38
Request for issue of warrant of distress

Section 183, Child Support Act 1991

To the Registrar

District Court

[place]

I [full name,] of [address], [occupation], request the issue of a warrant of distress under section 183 of the Act against the respondent.

[Set out details of the financial support that is payable by the person under the Act].

I certify—

• (a) that payments of financial support are in arrear and unpaid for not less than 14 days; and

• (b) that there is now due and owing by way of financial support the sum of [amount] up to [date].

Request filed: [date, time, initials]

Warrant issued: [date, time, initials]

Form CS 39
Warrant of distress

Section 183, Child Support Act 1991

To every bailiff and constable

Financial support due by the respondent under the Act is, 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 [amount], 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 75 in the District Courts Rules 1948 is to be endorsed hereon where necessary.]

Form CS 40
Charging order

Section 184, Child Support Act 1991

The court is satisfied that the respondent has a liability to pay financial support under the Act.

The court is satisfied that the respondent is entitled to the following property: [here describe property to be charged, and, if the order is to bind the Crown, particulars as required by section 186 of the Act].

The court orders that the money payable or to become payable by the respondent by way of financial support 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.

Form CS 41
Receiving order

Section 187, Child Support Act 1991

On [date] an order was made that money payable or to become payable by the respondent by way of financial support shall be a charge upon the following property to which the respondent is entitled:

[Here 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 of financial support under the Act due by the respondent 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 [here describe terms of order].

Subject to the provisions of the Act, 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—

• (a) to pay and satisfy all money from time to time accruing due, by way of financial support:

• (b) 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.

The receiving order will expire on the payment of all arrears due under the Act, together with the payment in advance of all money to become payable under the Act during the succeeding 6 months period.

• Schedule 1 form CS 41: amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

• Schedule 1 form CS 41: amended, on 1 March 2002, pursuant to section 152(1) of the Public Trust Act 2001 (2001 No 100).

• Schedule 1 form CS 41: amended, on 1 March 2002, pursuant to section 168(1) of the Public Trust Act 2001 (2001 No 100).

Form CS 42
Summons to attend examination as to means and default

Section 190, Child Support Act 1991

To

You are liable to pay financial support under the Act.

The amount of $[amount] was in arrear and unpaid on [date].

You are summonded 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 financial support 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.

Form CS 43
Warrant to arrest respondent for examination as to means and default

Section 190(4), Child Support Act 1991

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 financial support due under the Act.

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.

Form CS 44
Summons to witness to attend examination

Section 192(1), Child Support Act 1991

To

[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 financial support due under the Act.

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.

Form CS 45
Warrant to arrest witness for attendance at examination of respondent

Section 192(4), Child Support Act 1991

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 financial support due under the Act.

The witness failed to appear.

I am satisfied—

• (a) that the summons was duly served on the witness; and

• (b) 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.

Form CS 46
Warrent to arrest respondent for attendance at contempt proceedings

Section 196(5), Child Support Act 1991

To every constable

It is alleged that—

• (a) the respondent has or has had sufficient means to pay money payable under the Act but has refused or failed to do so; and

• (b) other methods of enforcing payment have been considered or tried and that they are inappropriate or have been unsuccessful.

As a result an application has been made under section 196(2) of the Act.

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.

The warrant will cease to have effect if the amount due under the Act is paid.

Form CS 47
Ex parte application for issue of warrant for arrest of respondent

Section 199, Child Support Act 1991

CS No:

In the District Court at [place]

Applicant

The Commissioner of Inland Revenue

Respondent

[Full name, address, and occupation]

I—

*am the Commissioner of Inland Revenue; or

*[full name], am an employee of the Crown and am appearing for the Commissioner of Inland Revenue.

I make oath and say that—

• 1 The respondent has a liability to pay financial support under the Act.

• 2 I have reasonable cause to believe that the respondent is about to leave New Zealand with intent to avoid payment of that liability.

I apply for the issue of a warrant for the arrest of the respondent.

Signature of applicant:

To the Registrar

District Court

[place]

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

Form CS 48
Warrant for arrest of absconding respondent

Section 199, Child Support Act 1991

CS No:

In the District Court at [place]

Applicant

The Commissioner of Inland Revenue

Respondent

[Full name, address, and occupation]

To every constable

I am satisfied that—

• 1 The respondent has a liability to pay financial support under the Act.

• 2 The respondent is about to leave New Zealand with intent to avoid payment of that liability.

(*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.