✨ Legislative Order Details
Dec. 12.] THE NEW ZEALAND GAZETTE. 3223
“Overseas maintenance order” means an order which is—
(a) Made by any overseas Court; and
(b) Made for the periodical payment of sums of money towards the maintenance of the wife of the person against whom the order is made or of any dependant of such person whom that person is liable to maintain according to the law in force in the place where the maintenance order is made; and
(c) Made either before or after the coming into force of this Order; and includes an overseas provisional order;
“Overseas provisional order” means an overseas maintenance order appearing from the terms thereof to be provisional, and to have no effect, or not to have complete effect, unless and until confirmed by some other Court;
“Samoan provisional order” means an order made pursuant to clause 25 hereof.
-
This Part of this Order shall not apply to affiliation orders nor to any order for payment by the person against whom the order is made of sums of money towards the maintenance of a dependent whom that person is liable to maintain only by reason of the existence of any affiliation order or order in the nature of an affiliation order.
-
All the provisions of the principal Order shall apply to an order made under this part of this Order as fully as to maintenance orders made under the principal Order.
-
On the registration of an overseas maintenance order (other than an overseas provisional order) or on the confirmation of an overseas provisional order the High Court shall, on the registration or confirmation, and unless satisfied that it is undesirable to do so, direct pursuant to clause 23 of the principal Order that all payments due under such Order shall thereafter be made through the Registrar of the High Court or such other person as the Court may specify for the purpose.
-
It shall be presumed, until the contrary is proved, and without the necessity of proving any seal or signature, that the seal of any Court purporting to be affixed to any document is the seal thereof and was lawfully affixed thereto, and that the signature appearing on any document and purporting to be that of a Judge or officer of any Court is the signature of such Judge or officer, and that such Judge or officer had the judicial or official capacity which he purports to have, and that such document was lawfully and properly signed by the person purporting to sign it.
-
It shall be presumed, until the contrary is proved, that the Court purporting to make any overseas maintenance order had full power and jurisdiction to make such order in the terms in which it purports to be made, including jurisdiction over any person against whom it is made or whom it purports to bind so far as such jurisdiction appears to be exercised, whether provisionally or otherwise, by the terms of the order.
-
Every deposition verified as prescribed in this Order, and every verifying certificate, shall be received in evidence according to its tenor.
ENFORCEMENT OF OVERSEAS MAINTENANCE ORDERS.
-
Any officer of the Government or other person may apply to the High Court for registration of an overseas maintenance order.
-
The person making such application shall file in the High Court the overseas maintenance order verified under the seal of the overseas Court or under the signature of a Judge, or a copy of such order certified as a true copy under the seal of the overseas Court or under the signature of a Judge or officer of that Court.
Next Page →
PDF embedding disabled (Crown copyright)
View this page online at:
VUW Te Waharoa —
NZ Gazette 1929, No 83
NZLII —
NZ Gazette 1929, No 83
✨ LLM interpretation of page content
🌏
Samoa Maintenance and Affiliation Amendment Order, 1929
(continued from previous page)
🌏 External Affairs & Territories5 December 1929
Legislation, Samoa, Maintenance, Affiliation, Amendment, Overseas Orders, Provisional Orders, High Court, Registration, Enforcement