Family Courts Amendment Act 2000

Family Courts Amendment Act 2000

Public Act2000 No 65
Date of assent14 November 2000

The Parliament of New Zealand enacts as follows:

1 Title

  • (1) This Act is the Family Courts Amendment Act 2000.

    (2) In this Act, the Family Courts Act 1980 is called “the principal Act”.

2 Commencement

  • This Act comes into force on a date to be appointed by the Governor-General by Order in Council.

    This Act came into force, as from 13 September 2002, pursuant to clause 2 Family Courts Amendment Act Commencement Order 2002 (SR 2002/254).

3 New section 2 substituted

  • The principal Act is amended by repealing section 2, and substituting the following section:

    “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.”

4 New section 12 substituted

  • The principal Act is amended by repealing section 12, and substituting the following section:

    “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.”

5 New section 16A inserted

  • The principal Act is amended by inserting, after section 16, the following section:

    “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) prescribe the amount of any fees payable by or to any person in respect of proceedings in a Family Court:

      • “(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, and Marriages Registration Act 1995:

      • “(c) the Child Support Act 1991:

      • “(d) the Children, Young Persons, and Their Families Act 1989:

      • “(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 Guardianship Act 1968:

      • “(j) the Law Reform (Testamentary Promises) Act 1949:

      • “(k) the Marriage Act 1955:

      • “(l) the Matrimonial Property Act 1976:

      • “(m) the Protection of Personal and Property Rights Act 1988.”

6 Consequential amendments

  • The enactments specified in the Schedule are amended in the manner indicated in that schedule.

Schedule
Consequential Amendments

s 6

Adoption Act 1955 (1955 No 93)

Insert, after section 28, the following section:

“28A Rules

  • Rules may be made regulating the practice and procedure of Courts in proceedings under this Act,—

    • “(a) in the case of the High Court, under section 51C of the Judicature Act 1908:

    • “(b) in the case of District Courts, under section 122 of the District Courts Act 1947:

    • “(c) in the case of Family Courts, under section 16A of the Family Courts Act 1980.”

Omit from section 85(1) the words “made under this Act”, and substitute the words “of Court”.

Omit from section 87(2) the words “made under this Act”, and substitute the words “of Court”.

Omit from section 152(1) the words “made under this Act”, and substitute the words “of Court”.

Omit from section 154(1) the words “made under this Act”, and substitute the words “of Court”.

Omit from section 156(1) the words “the prescribed form”, and substitute the words “a form prescribed by rules of Court”.

Omit from section 157(1) the words “the prescribed form”, and substitute the words “a form prescribed by rules of Court”.

Omit from section 295(1) the words “prescribed for the purposes of this subsection”, and substitute the words “prescribed by rules of Court”.

Repeal section 448, and substitute the following sections:

“448 Rules of procedure

  • “(1) The Governor-General may, by Order in Council, make rules regulating the practice and procedure of Youth Courts under this Act.

    “(2) Rules may be made regulating the practice and procedure of Courts (other than Youth Courts) under this Act,—

    • “(a) in the case of the High Court, under section 51C of the Judicature Act 1908:

    • “(b) in the case of District Courts, under section 122 of the District Courts Act 1947:

    • “(c) in the case of Family Courts, under section 16A of the Family Courts Act 1980.

“448A Transitional provisions relating to rules

  • “(1) Subsections (2) to (4) apply to rules made under section 448 that are in force immediately before the commencement of this section, unless those rules are revoked on or after the commencement of this section.

    “(2) Rules to which this subsection applies that regulate the practice or procedure of the Youth Courts continue to regulate the practice or procedure of the Youth Courts as if they had been made under section 448(1).

    “(3) Rules to which this subsection applies that regulate the practice or procedure of the High Court continue to regulate the practice or procedure of the High Court until any rules referred to in section 448(2)(a) come into force.

    “(4) Rules to which this subsection applies that regulate the practice or procedure of the District Courts continue to regulate the practice or procedure of the District Courts until any rules referred to in section 448(2)(b) come into force.”

Omit from section 234(1) the words “Family Courts and”.

Insert in section 234, after subsection (1), the following subsection:

  • “(1A) Rules may be made under section 16A of the Family Courts Act 1980 regulating the practice and procedure of Family Courts in proceedings under this Act.”

Omit from section 234(2) the words “, rules made under that subsection”, and substitute the words “or section 16A of the Family Courts Act 1980, rules made under either of those provisions”.

Insert in section 73(2), after the words “the rules”, the words “or (as the case may require) in rules made under the Family Courts Act 1980”.

Insert, after section 9:

“9A Rules of procedure

  • Rules regulating the practice and procedure of the Courts in proceedings under this Act may be made,—

    • “(a) in the case of the High Court, under section 51C of the Judicature Act 1908:

    • “(b) in the case of Family Courts, under section 16A of the Family Courts Act 1980.”

Omit the word “Procedure” from the heading to section 10 and substitute the words “Other procedural matters”.

Omit from paragraph (a) of section 126(1) the words “Family Courts and”.

Insert in section 126, after subsection (1), the following subsection:

  • “(1A) Rules may be made under section 16A of the Family Courts Act 1980 relating to the practice and procedure of Family Courts in proceedings under this Act.”

Omit from section 126(2) the words “, rules made pursuant to that subsection”, and substitute the words “or section 16A of the Family Courts Act 1980, rules made under either of those provisions”.

Repeal section 126(3).

Omit from section 47(1) the words “and the District Courts Act 1947”, and substitute the words “, the District Courts Act 1947, and the Family Courts Act 1980”.

Insert in section 160(1), after the words “under this Act” in the second place where they appear, the words “or under the Family Courts Act 1980”.

Omit from section 188(1) the words “and Family Courts”.

Insert in section 188, after subsection (1), the following subsection:

  • “(1A) Subject to Part IX of this Act, rules may be made under section 16A of the Family Courts Act 1980 regulating the practice and procedure of Family Courts in proceedings under this Act.”

Omit from section 188(2) the words “, rules made under that subsection”, and substitute the words “or section 16A of the Family Courts Act 1980, rules made under either of those provisions”.

Guardianship Act 1968 (1968 No 63)

Insert in section 32, after subsection (1), the following subsections:

  • “(1A) Rules may be made under section 16A of the Family Courts Act 1980 regulating the practice and procedure of Family Courts in proceedings under this Act.

  • “(1B) An application or other document required to be made in a form prescribed by rules made under this Act must instead, if it relates to proceedings in a Family Court, be made in a form prescribed by rules made under the Family Courts Act 1980.”

Omit from section 32(4)(a) the words “Family Courts and”.

Guardianship Amendment Act 1991 (1991 No 19)

Omit from section 8(2) the words “rules under section 32(4) of the principal Act”, and substitute the words “rules of Court”.

Marriage Act 1955 (1955 No 92)

Insert, after section 64:

“64A Rules of procedure

  • “(1) Rules may be made under section 16A of the Family Courts Act 1980 regulating the practice and procedure of Family Courts in proceedings under sections 19 and 26.

    “(2) The rules—

    • “(a) are subject to section 19(2); and

    • “(b) do not affect the practice and procedure of District Courts in proceedings under section 26.”

Insert in section 53, after subsection (1), the following subsection:

  • “(1A) Rules may be made under section 16A of the Family Courts Act 1980 relating to the practice and procedure of Family Courts in proceedings under this Act.”

Omit from section 53(3) the words “Family Courts and”.

Repeal subsections (3A) and (4) of section 53, and substitute the following subsections:

  • “(3A) Without limiting the generality of the powers conferred by subsections (1) and (3) of this section or section 16A of the Family Courts Act 1980, rules made under any of those provisions may require any party to proceedings under this Act to supply to the other party to the proceedings particulars of the nature and value of the property of the first-mentioned party that could be the subject of any order in those proceedings.

  • “(4) In the absence of any rules under this section, or in any situation not covered by those rules, the rules in relation to civil proceedings for the time being in force under the Judicature Act 1908 apply with all necessary modifications to proceedings under this Act that are brought or dealt with in the High Court.”

Omit from section 62(8) the words “rules may from time to time be made under that section”, and substitute the words “rules of Court may be made”.

Omit from section 64(1) the words “rules of procedure made under this Act”, and substitute the words “rules of Court”.

Omit from section 108(b) the words “rules of procedure made under this Act”, and substitute the words “rules of Court”.

Repeal section 111, and substitute the following sections:

“111 Rules of procedure

  • Rules may be made regulating the practice and procedure of Courts in proceedings under this Act,—

    • “(a) in the case of the High Court, under section 51C of the Judicature Act 1908:

    • “(b) in the case of District Courts, under section 122 of the District Courts Act 1947:

    • “(c) in the case of Family Courts, under section 16A of the Family Courts Act 1980.

“111A Transitional provision relating to rules

  • “(1) Subsections (2) and (3) apply to rules made under section 111 that are in force immediately before the commencement of this section, unless those rules are revoked on or after the commencement of this section.

    “(2) Rules to which this subsection applies that regulate the practice or procedure of the High Court continue to regulate the practice and procedure of the High Court until any rules referred to in section 111(a) come into force.

    “(3) Rules to which this subsection applies that regulate the practice or procedure of the District Courts continue to regulate the practice and procedure of the District Courts until any rules referred to in section 111(b) come into force.”

Legislative history

9 November 2000Divided from the Statutes Amendment Bill (No 7) as reported from the Justice and Electoral Committee (Bill 334-A2), third reading