If we disallow your objection, you must appeal our decision in the Family Court within 2 months.
You can appeal either an appealable decision (section 102) or a child support assessment (section 103). The outcome letter will specify which section you can appeal under.
Before you start
We recommend you get legal advice before filing an appeal. A lawyer can:
- help you decide whether you should appeal
- help you complete the application form
- explain what will happen throughout the process.
If you cannot afford a lawyer, you may qualify for legal aid.
Or, you can apply to the Family Court yourself, by following these 3 steps.
Download the right forms
Download your forms from the Ministry of Justice website, whichever apply to your situation.
- Notice of appeal against other administrative decisions of the Commissioner – section 102 - CS9
- Notice of appeal against assessment – section 103 - CS11
- General affidavit • Information sheet – G7 (this must be on yellow paper if printed).
Follow their instructions on how to fill out the forms. Please note, we cannot help you with this.
Appeal Inland Revenue’s decision in the Family Court – justice.govt.nz
Write your affidavit
This is a written statement setting out the facts of your case and any evidence you want the Court to consider.
You must include copies of your notice of objection and the decision letter we sent you when we disallowed the objection.
You must sign it, and swear or affirm that the information is true and correct, in front of either:
- a registrar or deputy registrar of the Family Court
- a justice of the peace (JP)
- a barrister or solicitor – not your own.
Send to the Family Court
You can file your documents in person, electronically, or by post. You must file your documents to the correct court.
You can also contact the Ministry of Justice on 0800 268 787.
How to file and serve documents - justice.govt.nz
What happens next
After the Court processes your application, it will arrange for documents to be served on (given to) us.
Applying to the Family Court - overview
If you have any questions about Court procedures, call the Ministry of Justice on 0800COURTS (0800 268 787), or look on their website.
The Family Court will hear your case, then decide to allow or dismiss your appeal. If they allow your appeal, agreeing that our decision was wrong, they will send us an order telling us to make any changes needed from the objection.
We cannot make any changes until we get the order from the Court.
Your responsibilities
If you pay child support, you need to keep paying it until the Court makes its decision (unless the Court makes a suspension order). However, if you have appealed because you are not the child’s parent, you do not need to make payments.
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