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Child support
Turuki Tamariki

Applying for an administrative review

The application

To apply for an administrative review, fill in an Application for an administrative review (IR470) form or write us a letter. You must state your grounds for review.

Your application must be in writing and set out the grounds for your review. We will check to ensure that:

  • you're entitled to apply
  • you've indicated grounds for review, and
  • you're not already paying the minimum amount ($885 a year).

Send your application, with all the information to support your case, to your nearest Child Support office. If your application is valid, it will be given to a review officer.

Once we've received your application, we may contact you:

  • if we need more information, or
  • to ask you to complete a financial statement so the review officer can fairly consider all the circumstances of your case.

For more information about applying for a review read our guide Helping you to understand child support reviews (IR175).

The other party

The other party named in the application must be told:

  • that an application has been received
  • that they can apply for a copy of this application and any supporting information
  • that they can participate in the review if they want to
  • the details of the grounds for you review.

If they want to be involved in the review, they must apply in writing within 14 days. They can also put in a cross-application if they have grounds for review of their own.

The review officer

Review officers can only consider information known to both parties, who must also have been given an opportunity to respond to each other's details. Review officers can also consider any information we hold, such as:

  • income details, including those of a new partner
  • details from company, partnership and trust returns.

The hearing

Hearings are organised by Child Support staff. You can:

  • elect to have a personal or phone hearing, or
  • ask the review officer to consider your case on the basis of written submissions.

Both parties can attend a personal hearing (either together or separately), but neither party can be forced to attend. You can also be represented or have a support person at the hearing, but this person cannot:

  • be or have been enrolled as a barrister or solicitor, or
  • have experience in advocacy work.

The decision

Review officers will not give a decision at the hearing. Instead, decisions will be in writing and include:

  • an examination of the specific grounds for review
  • a mention of the special circumstances (if any)
  • a discussion of why there is to be a variation to the assessment
  • a start and end date to any variation
  • the specific change to be made to the formula to achieve the variation.

A copy of the written determination is sent to both parties once it's accepted and signed off by us.

For more information on administrative reviews read our booklet Helping you to understand child support reviews (IR175).

The rights of each party

There are no appeal rights to the review decision, apart from Judicial Review. You can only apply for another administrative review on a different ground or if there is a new matter to consider. You can however apply to the Family Court if you are not satisfied with the review decision. When the matter comes before the Court, it is treated as a new hearing or an appeal depending on the circumstances and who is applying to the Court.

For more information, read our booklet Helping you understand child support and the Family Court (IR174).

 


Date published: 19 Feb 2014

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