Children, Young Persons, and Their Families Rules 1989 (SR 1989/295) (as at 03 August 2009)

Reprint as at 3 August 2009

Children, Young Persons, and Their Families Rules 1989

(SR 1989/295)

Paul Reeves, Governor-General

Order in Council

At Wellington this 9th day of October 1989

Present:
His Excellency the Governor-General in Council


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These rules are administered by the Ministry of Social Development.


Pursuant to section 448 of the Children, Young Persons, and Their Families Act 1989, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following rules.

Contents

Part 1
Preliminary provisions

1 Title and commencement

2 Application of rules

3 Interpretation

4 Construction

5 Procedure and practice

6 Non-compliance with rules

7 Registrar to provide assistance

Part 2
Records

8 Records

9 Searches

Part 3
Proceedings generally

10 Forms

11 Notices

12 Headings

13 Applications

14 Procedure on ex parte applications

15 Certificate as to holding of family group conference [Revoked]

16 Information sheet

17 Filing of applications

18 Previous documents [Revoked]

19 Proceedings commenced in wrong court

20 Notice of intention to appear

20A Non-compliance with rule 20

21 Amendment of application or notice of intention to appear

22 Notice of appointment of barrister or solicitor or lay advocate [Revoked]

23 Mediation conference [Revoked]

24 Change of Judge after mediation conference [Revoked]

25 Interlocutory applications

26 Judicial conferences [Revoked]

27 Setting down for hearing

28 Further powers of Judge to expedite proceedings

29 Consent to order of court

Part 4
Transfer of proceedings or hearing

30 Transfer of proceedings

31 Transfer of hearing

32 Transfer with or without application

33 Procedure on transfer

Part 5
Service

34 Service generally

35 Service of application under section 44 [Revoked]

36 Address for service

37 Personal service

38 Solicitor accepting service

39 Service on chief executive

40 Service on social worker or constable

41 Directions as to service

42 Substituted service

43 Proof of service of originating applications

44 Proof of service of documents by officer, etc

45 Service of orders

46 Copy of orders to be sent to principal manager

Part 6
Particulars and discovery

[Revoked]

47 Further particulars [Revoked]

48 Discovery of documents [Revoked]

Part 7
Amendment

49 Amendment before service

50 Amending proceedings

51 Amendment of application

52 Clerical mistakes and slips

Part 8
Applications and directions in the course of proceedings

53 General procedure

54 Ex parte applications

55 Enlargement or abridgement of time

Part 8A
Ex parte restraining orders

[Revoked]

55A Ex parte restraining orders [Revoked]

55B Procedure applying to ex parte restraining orders [Revoked]

Part 9
Evidence

56 Disclosure of evidence

57 Pre-hearing rulings on evidence

58 Mode of giving evidence [Revoked]

59 Order for production of documents

60 Powers of Judge or Registrar not suspended by examination of witnesses out of court

61 Taking evidence outside New Zealand

Part 10
Miscellaneous provisions

62 Court and chambers

63 Powers of Registrar

64 Witness entitled to expenses [Revoked]

65 Attendance at hearing [Revoked]

66 Enforcement of access rights [Revoked]

67 Recall to come before court [Revoked]

68 Proceedings not to abate

Part 11
Proceedings in respect of secure care

69 Applications

70 Notice of application under section 371 or section 377

71 Notice of application under section 380

72 Proof of giving of notice

73 Procedure where notice not given within time prescribed

74 Notification of decision of court

75 Applications in the course of proceedings

Schedule 1
Forms

Schedule 2
Provisions of the District Courts Rules that do not apply to proceedings under the Act

Gazette information

Reprint notes


Rules