An Act to establish Family Courts as divisions of District Courts, and to provide for the constitution, jurisdiction, powers, and procedures of Family Courts

1 Short Title and commencement

(1) This Act may be cited as the Family Courts Act 1980.
(2) Except as provided in subsection (3), this Act shall come into force on 1 October 1981.
(3) Section 6 shall come into force on the date on which this Act receives the Governor-General's assent.

2 Interpretation

In this Act, unless the context otherwise requires,—
District Courts Rules means the rules made under section 122 of the District Courts Act 1947
Family Court Judge includes the Principal Family Court Judge
Family Courts Rules means the rules made under section 16A.
Section 2: substituted, on 13 September 2002, by section 3 of the Family Courts Amendment Act 2000 (2000 No 65).

3 Act to bind the Crown

This Act shall bind the Crown.

4 Establishment of Family Courts

Every District Court shall have a division, to be known as the Family Court.

5 Appointment of Family Court Judges

(1) The Governor-General shall from time to time, by warrant under his hand, appoint sufficient Family Court Judges to exercise the jurisdiction of Family Courts.
(2) A person shall not be appointed to be a Family Court Judge unless—
- (a) he is, or is eligible to be, a District Court Judge; and
- (b) he is, by reason of his training, experience, and personality, a suitable person to deal with matters of family law.
(3) If the appointee is not, at the time of his appointment, a District Court Judge, he shall be appointed to that office.
(4) Notwithstanding his appointment as a Family Court Judge, any Family Court Judge may from time to time sit as or exercise any of the powers of a District Court Judge.
(5) Subject to subsection (6), every Family Court Judge shall hold that office so long as he holds office as a District Court Judge.
(6) With the prior approval of the Governor-General, any Family Court Judge may resign that office without resigning his office as a District Court Judge.

6 Principal Family Court Judge

(1) The Governor-General must, on the advice of the Attorney-General, appoint a Principal Family Court Judge.
(2) The appointment must be for a period of 8 years, and the person is not eligible for reappointment.
(3) A person's appointment as Principal Family Court Judge ceases if he or she ceases to hold office as a District Court Judge.
(4) With the prior approval of the Governor-General, the Principal Family Court Judge may resign that office but continue in office as a District Court Judge.
(5) To avoid doubt, a person does not cease to hold office as a District Court Judge solely because the term of the person's appointment as Principal Family Court Judge has come to an end.
(6) Despite subsection (2), the Principal Family Court Judge continues in office until his or her successor comes into office.
(7) The Principal Family Court Judge is responsible for ensuring the orderly and expeditious discharge of the business of the court in consultation with the Chief District Court Judge.
Section 6: substituted, on 20 May 2004, by section 3 of the Family Courts Amendment Act 2004 (2004 No 44).

7 Acting Family Court Judges

(1) Whenever by reason of illness, absence from New Zealand, or any other cause the Principal Family Court Judge is prevented from exercising the duties of his office, the Governor-General may, by writing under his hand, appoint one of the Family Court Judges to act as the Principal Family Court Judge until the Principal Family Court Judge resumes his duties.
(2) The Governor-General may at any time during the illness or absence of any Family Court Judge, or for any other temporary purpose, by warrant under his hand, appoint 1 or more District Court Judges (including any Judge appointed pursuant to section 10 of the District Courts Act 1947 and also including any acting District Court Judge appointed pursuant to section 10A of that Act) to be a Family Court Judge or Family Court Judges to hold office for such time as is specified in the warrant.

8 Counselling supervisors, counsellors, and other officers

(1) There shall from time to time be appointed under the State Sector Act 1988, as an officer of the Ministry of Justice, a person whose principal responsibility shall be to perform such duties as the chief executive of the Ministry of Justice may direct to facilitate the proper functioning of the Family Courts and of counselling and related services.
(2) Without limiting subsection (1), there may from time to time be appointed under the State Sector Act 1988 such counselling supervisors, counsellors, and other officers as may be necessary to enable Family Courts to perform any function conferred on them by any enactment.
(3) Every such counselling supervisor, counsellor, and other officer, while performing any duty under the auspices of a Family Court, shall for the purposes of the District Courts Act 1947 be an officer of that court.
Section 8(1): amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).
Section 8(1): amended, on 1 October 2003, pursuant to section 14(2) of the State Sector Amendment Act 2003 (2003 No 41).
Section 8(1): amended, on 1 April 1988, pursuant to section 88(2) of the State Sector Act 1988 (1988 No 20).
Section 8(2): amended, on 1 April 1988, pursuant to section 88(2) of the State Sector Act 1988 (1988 No 20).

9 Stationing of Judges and sittings of courts

(1) Each Family Court Judge shall be stationed in such town and shall sit in such court as may from time to time be determined by the Principal Family Court Judge.
(2) Notwithstanding anything in subsection (1), the fact that a Family Court Judge sits in any particular court shall be conclusive evidence of his authority to do so, and no exercise of any jurisdiction or power by a Family Court Judge shall be questioned on the ground that he was not stationed in the town or authorised to sit in the court where he exercised the jurisdiction or power.
(3) Subject to subsection (4), sittings of a Family Court for the dispatch of its business shall be held on such days and at such times as may be appointed by the Judge exercising the jurisdiction of the court at the place at which the sittings are held.
(4) The days appointed for regular sittings of a Family Court shall be subject to the approval of the Principal Family Court Judge.
(5) In exercising his powers under this section, the Principal Family Court Judge shall consult with the Chief District Court Judge.
(6) This section shall be read subject to section 9 of the District Courts Act 1947.
Section 9(6): added, on 2 September 1996, by section 3(2) of the District Courts Amendment Act 1996 (1996 No 119).

10 Avoidance of unnecessary formality

(1) Family Court proceedings shall be conducted in such a way as to avoid unnecessary formality.
(2) A Judge sitting in a Family Court may wear a gown, but must not wear a wig.
(3) A lawyer appearing in a Family Court must not wear a gown or a wig.
Section 10(2): substituted, on 18 May 2009, by section 6 of the Family Courts Amendment Act 2008 (2008 No 78).
Section 10(3): added, on 18 May 2009, by section 6 of the Family Courts Amendment Act 2008 (2008 No 78).

11 Jurisdiction of Family Courts

(1) A Family Court shall hear and determine all such proceedings as are to be heard and determined by such a court under or by virtue of any of the provisions of—
- (a) the Marriage Act 1955:
- (b) the Adoption Act 1955:
- (c) the Care of Children Act 2004:
- (d) the Domestic Actions Act 1975:
- (e) the Property (Relationships) Act 1976:
- (f) the Family Proceedings Act 1980:
- (g) the Child Support Act 1991:
- (ga) the Children, Young Persons, and Their Families Act 1989:
- (gb) the Law Reform (Testamentary Promises) Act 1949:
- (gc) the Family Protection Act 1955:
- (gd) the Wills Act 2007:
- (gd) the Civil Union Act 2004:
- (h) any other enactment for the time being in force.
(1A) [Repealed]
(2) Subject to subsection (3), any jurisdiction or power conferred on a Family Court under or by virtue of any enactment shall be exercised by a Family Court Judge.
(3) Nothing in this section shall prevent a District Court, or a District Court Judge who is not a Family Court Judge, from exercising any jurisdiction or power that is vested in it or him under or by virtue of any enactment to the extent and in the manner specified in that enactment.
Section 11(1)(c): amended, on 1 July 2005, by section 151 of the Care of Children Act 2004 (2004 No 90).
Section 11(1)(e): substituted, on 1 February 2002, by section 64(2) of the Property (Relationships) Amendment Act 2001 (2001 No 5).
Section 11(1)(g): substituted, on 1 July 1992, by section 247 of the Child Support Act 1991 (1991 No 142).
Section 11(1)(ga): inserted, on 1 November 1989, by section 449 of the Children, Young Persons, and Their Families Act 1989 (1989 No 24).
Section 11(1)(gb): inserted, on 1 July 1992, by section 2(1) of the Family Courts Amendment Act 1991 (1991 No 66).
Section 11(1)(gc): inserted, on 1 July 1992, by section 2(1) of the Family Courts Amendment Act 1991 (1991 No 66).
Section 11(1) first paragraph (gd): inserted, on 1 November 2007, by section 41 of the Wills Act 2007 (2007 No 36).
Section 11(1) second paragraph (gd): inserted, on 20 September 2007, by section 4 of the Family Courts Amendment Act 2007 (2007 No 56).
Section 11(1A): repealed, on 1 February 2002, by section 64(2) of the Property (Relationships) Amendment Act 2001 (2001 No 5).

11A Attendance at hearings

(1) Unless the Act under which proceedings are brought provides otherwise, the only persons who may attend a hearing of proceedings in a Family Court are as follows:
- (a) officers of the court:
- (b) parties to the proceedings:
- (c) lawyers representing parties to the proceedings:
- (d) witnesses:
- (e) accredited news media reporters:
- (f) persons whom the Family Court Judge permits to be present as support persons for a party on a request by that party:
- (g) any other persons whom the Family Court Judge permits to be present.
(2) The Family Court Judge must agree to a request under subsection (1)(f) unless the Judge considers there is a good reason why the named support persons should not be permitted to be present.
(3) No support persons may help a party conduct his or her case.
(4) If, during a hearing, the Family Court Judge requests a person of any of the following kinds to leave the courtroom, the person must do so:
- (a) a witness:
- (b) an accredited news media reporter:
- (c) a support person whom the Judge permitted to be present under subsection (1)(f).
(5) Nothing in this section limits any other power of the court—
- (a) to hear proceedings in private; or
- (b) to permit a McKenzie friend to be present; or
- (c) to exclude any person from the court.
Section 11A: inserted, on 18 May 2009, by section 7 of the Family Courts Amendment Act 2008 (2008 No 78).

11B Publication of reports of proceedings

(1) Any person may publish a report of proceedings in a Family Court.
(2) Subsection (1) is subject to subsection (3).
(3) A person may not, without the leave of the court, publish a report of proceedings in a Family Court that includes identifying information where—
- (a) a person under the age of 18 years—
  - (i) is the subject of the proceedings; or
  - (ii) is a party to the proceedings; or
  - (iii) is an applicant in the proceedings; or
  - (iv) is referred to in the proceedings; or
- (b) a vulnerable person—
  - (i) is the subject of the proceedings; or
  - (ii) is a party to the proceedings; or
  - (iii) is an applicant in the proceedings.
(4) However, subsection (3) does not apply to—
- (a) a report of proceedings in a publication that—
  - (i) is genuinely of a professional or technical nature (including a publication that is intended for circulation among members of the legal or medical professions, officers of the Public Service, psychologists, counsellors, mediators, or social workers); and
  - (ii) does not include the name of—
    - (A) any person under the age of 18 years who is the subject of the proceedings, or who is referred to in the proceedings:
    - (B) any vulnerable person who is the subject of the proceedings:
    - (C) any parties or applicants in the proceedings where subsubparagraph (A) or (B) applies:
    - (D) any school that a person who is the subject of proceedings under the Children, Young Persons, and Their Families Act 1989 is or was attending, or any other particulars likely to lead to the identification of that school:
- (b) a publication of statistical information relating to the proceedings.
(5) The court may grant leave under subsection (3) with or without conditions.
(6) Every person who contravenes this section commits an offence against this Act and is liable on summary conviction,—
- (a) in the case of an individual, either to imprisonment for a term not exceeding 3 months, or to a fine not exceeding $2,000:
- (b) in the case of a body corporate, to a fine not exceeding $10,000.
(7) Subsection (6) does not limit the power of a court to punish any contempt of court.
(8) This section is subject to any other enactment relating to the publication or regulation of the publication of reports or particulars of a Family Court proceeding.
Section 11B: inserted, on 18 May 2009, by section 7 of the Family Courts Amendment Act 2008 (2008 No 78).

11C Meaning of identifying information

(1) For the purposes of section 11B, identifying information means information relating to proceedings that includes any name or particulars likely to lead to the identification of any of the following persons:
- (a) a party to the proceedings:
- (b) an applicant in the proceedings:
- (c) a person who is the subject of the proceedings:
- (d) a person who is related to, or associated with, a person referred to in paragraphs (a) to (c) or who is, or may be, in any other way concerned in the matter to which the proceedings relate (for example, a support person for a party).
(2) For the purposes of section 11B in relation to proceedings under the Children, Young Persons, and Their Families Act 1989, identifying information also includes the name or particulars likely to lead to the identification of any school that a person the subject of the proceedings is or was attending.
Section 11C: inserted, on 18 May 2009, by section 7 of the Family Courts Amendment Act 2008 (2008 No 78).

11D Meaning of vulnerable person

For the purposes of section 11B, vulnerable person means—
- (a) a person in respect of whom a Family Court has jurisdiction under Part 1 or 3 of the Protection of Personal and Property Rights Act 1988:
- (b) a person in respect of whom a personal order has been made under the Protection of Personal and Property Rights Act 1988:
- (c) a person subject to a property order under the Protection of Personal and Property Rights Act 1988:
- (d) a donor of an enduring power of attorney who is involved in proceedings under Part 9 of the Protection of Personal and Property Rights Act 1988:
- (e) a person who is a proposed patient, patient, or restricted patient within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992:
- (f) a person who has applied to a Family Court for the issue of a declaration under section 28 of the Births, Deaths, and Marriages Registration Act 1995:
- (g) a person who is a proposed care recipient or care recipient within the meaning of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003:
- (h) a person who has applied for a protection order under the Domestic Violence Act 1995, or in respect of whom a protection order has been made under that Act:
- (i) a person whom the court considers likely for any other reason to be particularly susceptible to any adverse consequences associated with the publication of a report of the proceedings that contains identifying information.
Section 11D: inserted, on 18 May 2009, by section 7 of the Family Courts Amendment Act 2008 (2008 No 78).

12 Proceedings to be brought and dealt with under Family Courts Rules

While any Family Courts Rules are in force, all proceedings in a Family Court (and all proceedings in a District Court under section 15 of this Act or section 151 of the Children, Young Persons, and Their Families Act 1989) must be brought and dealt with under those rules, except to the extent that the Act under which the proceedings are brought provides for them to be brought or dealt with under some other enactment.
Section 12: substituted, on 13 September 2002, by section 4 of the Family Courts Amendment Act 2000 (2000 No 65).

13 Court may state case for High Court

A Family Court may, on the application of any party to any proceedings before the court, or of its own motion, state a case for the opinion of the High Court on any question of law arising in any matter before the court.

14 Transfer of proceedings to High Court

Subject to the Act under which any proceedings are brought, a Family Court may, on the application of any party to the proceedings, or of its own motion, order that the proceedings be transferred to the High Court if it is satisfied that, because of the complexity of the proceedings or of any question in issue in the proceedings, it is expedient that the proceedings be dealt with by the High Court; and in any such case the High Court shall have the same power to adjudicate on the proceedings as the Family Court had.

15 District Courts may exercise certain jurisdiction

Notwithstanding anything in section 11, a District Court may—
- (a) deal with any interlocutory matter relating to any proceedings that are being or are to be heard by a Family Court:
- (b) hear and determine any ex parte applications relating to any such proceedings:
- (c) by the consent of all the parties to the proceedings, make any order or exercise any power—
  - (i) that, by virtue of any enactment or rule of law, may be made or exercised by the consent of all the parties; and
  - (ii) that could have been made or exercised by a Family Court.

16 Application of District Courts Act 1947

(1) Subject to the succeeding provisions of this section, the District Courts Act 1947 shall apply, with any necessary modifications, to Family Courts and Family Court Judges in the same manner and to the same extent as it applies to District Courts and District Court Judges.
(2) Where any of the provisions of this Act conflict with any of the provisions of the District Courts Act 1947, the provisions of this Act shall prevail.
(3) Nothing in section 22 of the District Courts Act 1947 shall apply in respect of Family Court Judges or the business of Family Courts.
(4) Nothing in sections 73 to 78A of the District Courts Act 1947 applies to Family Courts, Family Court Judges, or the business of Family Courts, except to the extent that some enactment other than that Act provides.
Section 16(3): amended, on 2 September 1996, by section 3(3) of the District Courts Amendment Act 1996 (1996 No 119).
Section 16(4): added, on 24 November 2003, by section 4 of the District Courts Amendment Act 2002 (2002 No 63).
Section 16(4): amended, on 23 July 2011, by section 4 of the Family Courts Amendment Act 2011 (2011 No 38).

16A Family Courts Rules

(1) The Governor-General may from time to time, by Order in Council, make rules regulating the practice and procedure of Family Courts in proceedings that the Family Court has jurisdiction to hear and determine.
(2) Rules made under subsection (1) may—
- (a) apply (with or without modification) specified District Courts rules to proceedings in a Family Court, or proceedings of a particular kind or description in a Family Court:
- (b) [Repealed]
- (c) prescribe the form and contents of documents:
- (d) prescribe any forms that are necessary for the purposes of this Act or any specified Act, or authorise any specified person or persons to prescribe or approve forms, and require the use of such forms:
- (e) prescribe 1 or more methods for serving documents:
- (f) prescribe 1 or more methods for giving notice:
- (g) provide for the transfer of proceedings between Family Courts, or between a Family Court and any other court:
- (h) provide for the keeping, searching, and transfer of records:
- (i) provide for any other matters in respect of which rules regulating the practice or procedure of Family Courts are contemplated or specifically authorised by this Act or a specified Act.
(3) Subsection (2) does not limit the powers conferred by subsection (1).
(4) For the purposes of subsection (2)(i), each of the following Acts is a specified Act:
- (a) the Adoption Act 1955:
- (b) the Births, Deaths, Marriages, and Relationships Registration Act 1995:
- (c) the Child Support Act 1991:
- (d) the Children, Young Persons, and Their Families Act 1989:
- (da) the Civil Union Act 2004:
- (e) the Domestic Actions Act 1975:
- (f) the Domestic Violence Act 1995:
- (g) the Family Proceedings Act 1980:
- (h) the Family Protection Act 1955:
- (i) the Care of Children Act 2004:
- (j) the Law Reform (Testamentary Promises) Act 1949:
- (k) the Marriage Act 1955:
- (l) the Property (Relationships) Act 1976:
- (m) the Protection of Personal and Property Rights Act 1988.
Section 16A: inserted, on 13 September 2002, by section 5 of the Family Courts Amendment Act 2000 (2000 No 65).
Section 16A(2)(b): repealed, on 18 May 2009, by section 8 of the Family Courts Amendment Act 2008 (2008 No 78).
Section 16A(4)(b): amended, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Section 16A(4)(da): inserted, on 26 April 2005, by section 46 of the Civil Union Act 2004 (2004 No 102).
Section 16A(4)(i): amended, on 1 July 2005, by section 151 of the Care of Children Act 2004 (2004 No 90).
Section 16A(4)(l): amended, on 13 September 2002, by section 64(2) of the Property (Relationships) Amendment Act 2001 (2001 No 5).

16B Regulations

(1) The Governor-General may, from time to time, by Order in Council, make regulations for all or any of the following purposes:
- (a) prescribing fees payable in respect of proceedings, or intended proceedings, in a Family Court:
- (b) in order to promote access to justice, empowering Registrars or Deputy Registrars of Family Courts to waive, reduce, or postpone the payment of a fee required in connection with a proceeding or an intended proceeding, or to refund, in whole or in part, such a fee that has already been paid, if satisfied on the basis of criteria specified under paragraph (c) that—
  - (i) the person otherwise responsible for payment of the fee is unable to pay or absorb the fee in whole or in part; or
  - (ii) unless 1 or more of those powers are exercised in respect of a proceeding that concerns a matter of genuine public interest, the proceeding is unlikely to be commenced or continued:
- (c) prescribing, for the purposes of the exercise of a power under paragraph (b), the criteria—
  - (i) for assessing a person’s ability to pay a fee; and
  - (ii) for identifying proceedings that concern matters of genuine public interest:
- (d) empowering Registrars or Deputy Registrars of Family Courts to postpone the payment of a fee pending the determination of—
  - (i) an application for the exercise of a power specified in paragraph (b); or
  - (ii) an application for review under section 16C:
- (e) providing for the postponement of the payment of a fee, including (without limitation) providing—
  - (i) for the recovery of the fee after the expiry of the period of postponement; and
  - (ii) for restrictions to apply (after the expiry of the period of postponement and so long as the fee remains unpaid) on the steps that may be taken in the proceedings in respect of which the fee is payable:
- (f) providing for the manner in which an application for the exercise of a power specified in paragraph (b) or (d) is to be made, including, without limitation, requiring such an application to be in a form approved for the purpose by the chief executive of the Ministry of Justice:
- (g) prescribing the qualifications required to be held by persons appointed as Senior Family Court Registrars.
(2) No fee is payable for an application for the exercise of a power specified in subsection (1)(b) or (d).
Section 16B: inserted, on 18 May 2009, by section 9 of the Family Courts Amendment Act 2008 (2008 No 78).

16C Reviews of decisions of Registrars concerning fees

(1) Any person who is aggrieved by a decision of a Registrar or Deputy Registrar under regulations made under section 16B(1)(b) may apply to a Family Court Judge for a review of that decision.
(2) An application under subsection (1) may be made within—
- (a) 20 working days after the date on which the applicant is notified of the decision of the Registrar or Deputy Registrar; or
- (b) any further time that the Judge allows on application made for that purpose either before or after the expiration of that period.
(3) The application may be made informally.
(4) The review—
- (a) must be conducted by rehearing; and
- (b) may be dealt with on the papers, unless the Judge decides otherwise.
(5) The Judge may confirm, modify, or reverse the decision.
(6) No fee is payable for an application under this section.
Section 16C: inserted, on 18 May 2009, by section 9 of the Family Courts Amendment Act 2008 (2008 No 78).

17 Certain enactments amended

(1) The enactments specified in the Schedule are hereby consequentially amended in the manner specified in that schedule.
(2) Section 2(1) of the Adoption Amendment Act 1965 is hereby consequentially repealed.