Family Proceedings Act 1980

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Version as at 28 October 2021

Family Proceedings Act 1980

Public Act		1980 No 94
Date of assent		21 January 1981
Commencement		see section 1(2), (3)

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Justice.

	Title
1	Short Title and commencement
2	Interpretation
3	Act to bind the Crown
	Part 1 Administration
4	Jurisdiction of courts
5	Marriage or civil union guidance or counselling organisations [Repealed]
6	Maintenance officers [Repealed]
7	Functions of maintenance officers [Repealed]
	Part 2 Dispute resolution [Repealed]
7A	Definition of marriage [Repealed]
8	Duty of legal advisers to promote reconciliation and conciliation [Repealed]
	Counselling [Repealed]
9	Requests for counselling [Repealed]
10	Counselling where proceedings commenced [Repealed]
11	Reference to counsellor [Repealed]
12	Duty on counsellors [Repealed]
12A	Number of sessions of counselling [Repealed]
12B	Counselling fees and expenses [Repealed]
	Mediation conferences [Repealed]
13	Mediation conference [Repealed]
14	Procedure at mediation conference [Repealed]
15	Power of chairperson to make consent orders [Repealed]
16	Proceedings after mediation conference [Repealed]
17	Power to require attendance for counselling or mediation [Repealed]
18	Privilege [Repealed]
19	Duty of courts as to reconciliation and conciliation [Repealed]
19A	Circumstances where joint counselling not to be required [Repealed]
	Part 3 Separation
20	Application for separation order
21	Power of Family Court to make separation order
22	Grounds for separation order
23	Effect of separation order
24	Discharge of separation order on resumption of cohabitation
25	Discharge of separation order by court
26	Effect of separation order on property rights
	Part 4 Proceedings relating to the status of marriage or civil union
	Validity of marriage or civil union
27	Application for declaration as to validity of marriage or civil union
28	Power of Family Court to make declaration as to validity of marriage or civil union
	Void marriages and civil unions
29	Application for order declaring marriage or civil union void
30	Power of Family Court to make order declaring marriage or civil union void
31	Grounds on which marriage or civil union void
	Presumption of death
32	Application for declaration of presumption of death
33	Power of Family Court to make declaration of presumption of death
34	Grounds for making declaration of presumption of death
35	Evidence of death
36	Application of other provisions
	Dissolution of marriage or civil union
37	Application for dissolution of marriage or civil union
38	Power to make order for dissolution
39	Grounds for dissolution
40	Effect of resumption of cohabitation
41	Effect of sexual connection without resumption of cohabitation
42	Orders dissolving marriage or civil union
43	Entering new relationship after dissolution
	Overseas orders
44	Recognition of overseas orders
	Part 5 Children
	Welfare of children
45	Arrangements for welfare of children on dissolution
46	Reports as to children
	Determination of paternity
47	Applications for paternity orders
48	Jurisdiction to establish paternity
49	Time limit on applications for paternity orders
50	Power of Family Court to make paternity orders
51	Paternity orders
52	Evidence of mother
53	False statement in application for paternity order
	Parentage tests in civil proceedings
54	Parentage tests
55	Contents of report
56	Right of examination
57	Refusal of parentage tests
58	Costs of parentage tests
59	Offences relating to parentage tests
	Part 6 Maintenance of spouses and de facto partners
60	Interpretation
61	Application of principles
62	Domestic benefit irrelevant
	Maintenance of spouses and de facto partners
63	Maintenance during marriage or civil union
64	Maintenance after marriage or civil union dissolved or de facto relationship ends
64A	Spouses, civil union partners, or de facto partners must assume responsibility for own needs within reasonable time
65	Assessment of maintenance payable to spouse, civil union partner, or de facto partner
66	Relevance of conduct to maintenance of spouses, civil union partners, or de facto partners
67	Application by either spouse or civil union partner for maintenance during marriage or civil union
68	Power of Family Court to make maintenance order in favour of either spouse or civil union partner
69	Maintenance order in favour of either spouse or civil union partner
70	Order for maintenance after marriage or civil union dissolved or de facto relationship ends
70A	Effect of entering into new marriage or civil union or de facto relationship
70B	Restriction on maintenance orders in favour of de facto partners
71	Time limit for applying for order against estate of deceased party
	Maintenance of children [Repealed]
72	Maintenance of children [Repealed]
73	Limitations on liability as father [Repealed]
74	Applications for maintenance orders in respect of children [Repealed]
75	Power of Family Court to make maintenance orders in respect of children [Repealed]
76	Maintenance orders in respect of children [Repealed]
77	Contributions by other parent [Repealed]
	Other orders related to maintenance of children
78	Related orders
79	Application for maintenance order against natural parent
80	Power of Family Court to make maintenance orders against natural parent
81	Maintenance order against natural parent
	Interim maintenance
82	Interim maintenance
	Registration of maintenance agreements [Repealed]
83	Registration of maintenance agreements [Repealed]
84	Effect of registration [Repealed]
85	Maintenance agreements to bind parties [Repealed]
86	Registered agreement to operate as bar to order [Repealed]
87	Enforcement of agreement in respect of child over 16 [Repealed]
88	Enforcement against estate of deceased person [Repealed]
89	Recovery of arrears on cessation of agreement [Repealed]
90	Setting aside and cancelling of registration [Repealed]
	Miscellaneous provisions as to maintenance
91	Reports as to maintenance
92	Discretion of court as to orders
93	Person to whom money payable under maintenance order
93A	Copy of order to be sent to Commissioner of Inland Revenue
94	Dissolution not to affect maintenance order
95	Maintenance where order refused
96	Maintenance order in favour of mentally disordered person
97	Security for maintenance
98	Apportionment of maintenance payments
99	Discharge, variation, and suspension of maintenance orders
100	Restriction on payment of maintenance in advance
	Part 7 Enforcement of maintenance orders from 1 July 1992
101	Orders enforceable under Child Support Act 1991
101A	Deductions from benefits [Repealed]
101B	Power to issue deduction notices under Social Security Act 2018
102	Bankruptcy [Repealed]
103	Warrant of distress [Repealed]
104	Deductions from wages for payment of maintenance [Repealed]
	Attachment orders [Repealed]
105	Attachment orders [Repealed]
106	Attachment order to be served on employer [Repealed]
107	Effect of attachment orders [Repealed]
108	Liability of employer [Repealed]
109	Variation, suspension, and discharge of attachment orders [Repealed]
	Deduction notices [Repealed]
110	Deduction notices [Repealed]
111	Effect of deduction notices [Repealed]
111A	Power to issue deduction notices for arrears where maintenance order or agreement discharged or cancelled [Repealed]
112	Liability of employer [Repealed]
113	Protected earnings [Repealed]
114	Variation or discharge of deduction notice [Repealed]
	General provisions relating to attachment orders and deduction notices [Repealed]
115	Transaction fee [Repealed]
116	Wrongful treatment of employee [Repealed]
117	Extent to which attachment orders and administrative notices bind the Crown [Repealed]
	Charging orders [Repealed]
118	Charging orders [Repealed]
119	Charging orders on life insurance policies [Repealed]
120	Extent to which charging orders bind the Crown [Repealed]
	Receiving orders [Repealed]
121	Receiving orders [Repealed]
122	Powers and duties of receiver [Repealed]
	Miscellaneous provisions as to enforcement of maintenance orders [Repealed]
123	Order for enforcement of arrears under maintenance order [Repealed]
124	Default under maintenance order [Repealed]
125	Evidence of default [Repealed]
126	Power to summon witnesses [Repealed]
127	Execution of warrants [Repealed]
128	Conduct of examination [Repealed]
129	Orders by court [Repealed]
130	Contempt procedures [Repealed]
131	Application of Offenders Legal Aid Act 1954 [Repealed]
132	Warrant of commitment [Repealed]
133	Respondent in prison or undergoing periodic detention to be discharged on payment [Repealed]
134	Arrest of respondent [Repealed]
	Part 8 Overseas maintenance
	Enforcement in New Zealand of orders made in Commonwealth or designated countries
135	Designation of countries
136	Registration of orders made in Commonwealth or designated countries
137	Setting aside of registration of order
138	Confirmation of provisional orders made in Commonwealth or designated countries
139	Confirmation of provisional orders affecting New Zealand maintenance orders
139A	Variation overseas of maintenance agreements registered in New Zealand
140	Rehearings and appeals in respect of confirmation of order
141	Effect of registration or confirmation of order made in Commonwealth or designated country
	Discharge or variation of overseas maintenance order
142	Discharge or variation of registered or confirmed order
142A	Definition of child maintenance order
142B	Discharge, variation, etc, of child maintenance order
142C	Conditions relating to variation of child maintenance order
142D	Payment of arrears on child maintenance orders
142E	Provisional order discharging, etc, child maintenance order
142F	Copies of orders to be forwarded to Commissioner
	Steps to be taken if respondent not residing in New Zealand
143	Steps to be taken by Secretary if respondent not residing in New Zealand
	Applications from persons in Convention countries
144	Certificate by Secretary of Foreign Affairs and Trade
145	Applications for maintenance by applicants residing in Convention countries
145A	Treatment of applications for maintenance by applicants residing in Convention countries
	Maintenance of children in respect of applications from persons in Convention countries
145B	Interpretation
145C	Maintenance of children
145D	Limitations on liability as father
145E	Applications for maintenance orders in respect of children
145F	Power of court to make maintenance orders in respect of children
145G	Maintenance orders in respect of children
145H	Contributions by other parent
145I	Interim maintenance
	Procedure on applications from persons in Convention countries
145J	Procedures relating to applications from persons in Convention countries
146	Provisions where service not effected
	Applications for child maintenance in respect of persons residing overseas
146A	Application for maintenance of child in respect of person resident outside New Zealand
	Enforcement of New Zealand orders overseas
147	Provisional orders for confirmation overseas
148	Effect in New Zealand of confirmation overseas of provisional order
	Transmission of applications to Convention countries
149	Transmission of applications by New Zealand residents to Convention countries
	Miscellaneous provisions as to overseas maintenance
150	Taking of evidence
151	Proof of documents
152	Depositions to be evidence
153	Conversion of currency
154	Certificate of Registrar
	Part 9 Procedure
155	Applications by agents
156	Service on disabled person
157	Proceedings where respondent is absent from New Zealand or cannot be found
158	Proceedings by or against minors
159	Conduct of proceedings
160	Applications may be heard together
161	Intervention
162	Appointment of lawyer to represent child in proceedings
162A	Appointment of lawyer to assist court
162B	Fees and expenses of lawyer appointed under section 162 or 162A
162C	Order requiring reimbursement of costs payments
162D	Enforcement of orders made under section 162C
163	Vexatious proceedings
164	Evidence [Repealed]
165	Power of District Court or Family Court to call witnesses
166	Proof of certain matters
167	Standard of proof
168	Claim by respondent for relief
169	Publication of reports of proceedings
170	Orders by consent
171	Costs
172	Dismissal of application in District Court or Family Court no bar to further proceedings
173	Rehearings
	Part 10 Appeals
174	Appeals from decisions of District Court and Family Court
175	Appeals from decisions of High Court
	Part 11 Miscellaneous provisions
176	Non-molestation orders [Repealed]
177	Interim non-molestation orders [Repealed]
178	Orders in respect of matrimonial homes and tenancies [Repealed]
179	Orders in respect of matrimonial homes and tenancies where parties living apart [Repealed]
180	Recovery of money from estate of deceased party
181	Incidence of maintenance due by estate of deceased party
182	Court may make orders as to settled property, etc
183	Dispositions may be restrained
184	Dispositions may be set aside
185	Separation agreements by persons of unsound mind
186	Court fees [Repealed]
187	Regulations
188	Rules of procedure
189	Amendments to other enactments, and repeals
190	Related amendments to Domestic Actions Act 1975
191	Savings
192	Transitional provisions
193	Transitional provision for counselling or mediation arranged before commencement of Family Proceedings Amendment Act (No 2) 2013
194	Transitional provision for proceedings commenced before commencement of Family Proceedings Amendment Act (No 2) 2013
	Schedule 1 Enactments amended
	Schedule 2 Enactments repealed
	Child Support Act 1991
	Notes

An Act to revise the law relating to matrimonial and domestic proceedings

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