Plain language law

New Zealand law explained for everyone

Child Support Act 1991

Enforcement provisions - Charging orders

186: Extent to which charging orders bind the Crown

You could also call this:

“How the government can use money it owes to pay someone's child support debt”

This law explains how charging orders can apply to money that the government (Crown) owes to someone who has to pay child support. Here’s what you need to know:

The government can be required to pay money owed to someone directly to cover their child support debt. This includes money from government jobs or pensions.

When a charging order is made against government money, it needs to say how much money is involved, why the government owes it, and which government worker would usually pay it.

To make the charging order work, it has to be given to the head of the government department involved and any other government worker named in the order. It can be given to them in person, left at their work, or sent by registered mail.

There are some cases where this law doesn’t apply. For example, if the government is just acting as an agent to pay the money, or if the payment would normally be made by someone who doesn’t work for the government in New Zealand.

This law is designed to make sure that if someone owes child support and the government owes them money, that money can be used to pay the child support debt.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM257035.

Topics:
Family and relationships > Children and parenting
Previous

185: Charging orders on life insurance policies, or

"How to put a hold on someone's life insurance policy to get money they owe you"

Next

187: Receiving orders, or

"The court can order property sales or management to collect money owed for child support"

Part 11 Enforcement provisions
Charging orders

186Extent to which charging orders bind the Crown

  1. For the purposes of this section, the term employing department means—

  2. a department of State in which a person is employed; and
    1. in relation to a person to whom any retiring allowance or pension or other payment of a similar nature is payable—
      1. out of the Government Superannuation Fund, the Government Superannuation Fund Authority:
        1. out of the National Provident Fund, the Board of Trustees of the National Provident Fund.

        2. Section 184 shall bind the Crown subject to subsections (3) to (6).

        3. A charging order may be made under section 184 upon any money payable to the liable person by the Crown within New Zealand, including money payable by way of refund of contributions out of the Government Superannuation Fund or the National Provident Fund.

        4. A charging order shall, in specifying the property on which the charge is imposed, specify the amount or the approximate amount (if known) of the sum so payable by the Crown, the circumstances giving rise to the liability of the Crown to make the payment, and the officer of the Crown (described by the name of the office, the name of the department, and the place where the officer is stationed) by whom in the ordinary course of Crown business payment of that sum would be made to the liable person.

        5. Service of a charging order shall—

        6. be made on the chief executive of the department affected and also on any officer of the Crown (described by the name of the office, the name of the department, and the place where the officer is stationed) specified in the order; and
          1. be served on the chief executive to whom it relates, either personally or by leaving it at the employer's place of business, or by sending it by registered letter addressed to the employer at the chief executive's place of business; and
            1. where service of a charging order is effected by registered letter, then in the absence of proof to the contrary, the order shall be deemed to have been served when it would have been delivered in the ordinary course of post, and in proving service it shall be sufficient to prove that the letter was properly addressed and posted.

              1. Unless in any particular case the Crown agrees to the contrary, this section shall not apply—

              2. to any payment of money that in the ordinary course of Crown business is or would be effected otherwise than through some person in the service of the Crown who is employed in a department of State within New Zealand; or
                1. to any money in the payment of which the Crown acts only in the capacity of an agent.

                  Compare
                  Notes
                  • Section 186(1)(b): substituted, on , by section 31 of the Government Superannuation Fund Amendment Act 1995 (1995 No 28).
                  • Section 186(1)(b)(i): amended, on , by section 40 of the Government Superannuation Fund Amendment Act 2001 (2001 No 47).
                  OSZAR »