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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22977
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I understand that there is no statute of limitation on actions

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I understand that there is no statute of limitation on actions for fraud in New Zealand, is that correct?

Also, I understand it is very difficult to convince the state to take on a case for fraud, due to budget constraints, and so it is possible to privately finance an action for fraud, and cost is quite expensive. Do you have an idea of what it may cost?

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : You are correct that fraud does not expire under the Limitation Act. You can bring private prosecutions, and you can bring a civil proceeding for fraud, but you correct to be concerned about cost. The scale of costs is dependent on the nature of the claim however. A simple proceeding in the District Court could run to $15 to $20,000. A High Court claim could exceed $100,000 if you go for 3 or 4 weeks. It is hard to be more precise, without more details, but fraud is usually complex and requires expert evidence from accountants and others.

thank you.Are the contents of divorce decrees public information in New Zealand?

christhelawyer : Yes, as the files and the evidence was in open court before the 1980 reforms.

What is the procedure for obtaining a copy of a divorce decree? The divorce was final in 2007 or 2008 in Christchurch. Is it necessary to appear in person at a govt office, or can it be obtained online?. The purpose is that the person I plan to file suit against may have disposed of some of my money to pay off his ex-wife.

christhelawyer : You will need to get the files from Archives however
christhelawyer : If the divorce was then, it will have been an order of dissolution of marriage under the Family Proceedings Act, and the file will only have details of the dissolution and no property related matters. You would get a copy from the Family Court closest to where the person lived.
christhelawyer : You would have to contact the court and ask for a copy.

Is there any way to get details of property and financial settlement resulting from the dissolution of marriage?

christhelawyer : You possibly could but this would be in a court file, to which only the parties have access. If they settled using an agreement then the details would be entirely private. You would need to seek documents by the process of court ordered discovery otherwise.

Last question for today,




Does a married couple (married for 10 years, with 3 children), equally share all assets generated during the marriage at the time of dissolution? So when they divorce, all assets get split 50/50? So then after divorce, does the husband owe ongoing child support or alimony, and what is formula for calculating this?

christhelawyer :

The Property Relationships Act says that all property which is property of the relationship is divided equally, for all marriages longer than 3 years duration. The parent with full time care can claim child support from the other parent under the Child Support Act. This can be by agreement or by applying to inland Revenue for a formula assessment against the other parent, and this is collected by Inland Revenue. Spousal maintenance is sometimes claimed, but is usually only for a short term.

christhelawyer :

The formula assesment is calculated using a formula in the act and is based on income and some expenses.


thank you.

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