The Wrath of IRD
There is a dad in Rotorua who applied for a departure order via an administrative review.?
The Review Officer decided that the case was too complex and declined to make a decision telling the dad he would have to go to the Family Court.?
The dad lodged all the applications and 12 Hours before the case was due to be heard was severed with documents from the Crown Law Office who are acting for IRD in this case. (Note IRD has an extensive legal division but have chosen to use Crown Law!)?
The dad went to Court where the judge told him:?
1) He could not have a McKenzie friend.?
2) Struck out his application.?
3) Refused him the opportunity to seek a barrister to represent him.?
This case is being set up by IRD and Crown law as an attempt to overturn the current restriction that departure orders cannot be retrospective (I.E can only currently get a departure for the current year)?
If IRD are successful this will open the floodgates for departure oders to be made for any past Child Support year.?
The changes in amendment bill (No 4) mean that IRD can initiate admin reviews (prior to the change only a “liable” or “custodial” parent could seek a review)?
If, and I suspect they will be, Crown Law are successful in their attempt to have the law limiting departures to the current year reinterpreted by the Courts combined with the changes just passed will mean that tens of thousands of parents will be subject to reassessment and placed in debt with IRD acting as Judge, Jury and Executioner.?
Be afraid; be very afraid, this is the start of the new face of child tax recovery.?