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New Zealand Legislation: Regulations

Regulations are laws made under Acts

Reprint as at 28 October 2009

Domestic Violence Rules 1996

(SR 1996/148)

Michael Hardie Boys, Governor-General

Order in Council

At Wellington this 10th day of June 1996

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 eprint.

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

These rules are administered in the Ministry of Justice.

Pursuant to section 126 of the Domestic Violence Act 1995, 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

3 Interpretation

5 Procedure and practice

6 Cases not provided for

7 Certain provisions of District Courts Rules not to apply

8 Non-compliance with rules

Part 2
Proceedings generally

General provisions

10 Shape, etc, of forms and documents filed

13 Applications to be on notice

14 Applications without notice

15 Form of applications for protection and property orders

16 Form of other applications on notice

17 Form of other applications without notice

18 Form of application to vary protection order with respect to standard condition relating to weapons

19 Multiple applications

Documents to accompany applications

20 Information sheet

21 Affidavits to accompany applications for protection or property orders

22 Applicant for protection order may request that residential address be kept confidential

23 Information about weapons

24 Other documents in support of applications

Documents relating to earlier proceedings

25 Documents relating to earlier proceedings

Certificate of lawyer

26 Certificate of lawyer to be included in applications without notice

Filing applications

27 Proper Court for filing applications

28 Proceedings commenced in wrong Court

29 Procedure on filing applications

30 Procedure for applications on notice for protection orders or property orders

Notices of defence and notices of intention to appear

31 Notice of defence where application on notice

31A Non-compliance with rule 31

32 Notice of intention to appear in relation to temporary protection order or temporary property order

33 Temporary property orders made on application without notice

Issue of order where temporary order becomes final or is confirmed

34 Registrar to issue order when temporary order becomes final or is confirmed

Part 3
Proceedings involving representatives

35 Appointment of representative of minor under age of 17

36 Appointment of representative of persons lacking capacity

37 Responsibility of guardian ad litem for costs

38 Recovery of costs by representative

39 Effect of service on person incapable of defending proceedings in own name

40 Retirement, removal, or death of representative

41 Effect of minor attaining age of 17 years

42 Effect of ceasing to be incapacitated or unable to take proceedings

43 Service generally

Address for service

44 Address for service

45 Residential address not required

Modes of service

46 Modes of service

47 Service by means of Post Office box, document exchange, or facsimile transmission

48 Giving of notices, etc

49 Cases not provided for

Personal service

50 Personal service

51 Who may undertake personal service

52 Personal service of applications on notice

53 Personal service of orders

54 Extension of period for service

55 Personal service on child

56 Personal service on persons lacking capacity

57 Personal service on person to whom section 12 relates

Lawyer accepting service

58 Lawyer accepting service

Substituted service

59 Substituted service

Proof of service

60 Proof of service

Notifications to police

61 Copies of orders to be sent to Police

62 Information on service of certain orders to be communicated to Police

63 Copy of order issued under rule 34 to be sent to Police

Part 5
Applications and directions in the course of proceedings

64 General procedure

65 Interlocutory applications without notice

66 Enlargement or abridgement of time

Part 6
Amendment

67 Amendment before service

68 Amending proceedings

69 Amendment of application or notice of defence

70 Clerical mistakes and slips

Part 7
Conferences

71 Power of Judge to call conference

72 Orders and directions

73 Non-compliance with order

Part 8
Evidence

74 Order for production of documents

75 Powers of Judge or Registrar not suspended by examination of witnesses out of Court

76 Taking evidence outside New Zealand

77 Summons to attend before Court

Part 9
Transfer of proceedings or hearing

78 Transfer of proceedings

79 Transfer of hearing

80 Transfer with or without application

81 Procedure on transfer of proceedings

82 Procedure on transfer of hearing

Part 10
Proceedings relating to attendance at programmes

83 Notice of objection

84 How notice of objection to be dealt with

85 Notice of result of objection

86 Request by provider for variation of programme

87 Decision of Court under section 42

88 Summons to attend before Court

Part 11
Enforcement of property orders

89 Enforcement of occupation and tenancy orders

90 Enforcement of ancillary furniture orders and furniture orders

Part 12
Registration of foreign protection orders

91 Registration of foreign protection orders

92 Notice of registration of foreign protection orders

93 Notice to be given to foreign court or authority

Part 13
Records

96 Transfer of information to criminal court

Part 14
Miscellaneous provisions

97 Court and Chambers

98 Powers of Registrar

99 Witness entitled to expenses

101 Transitional provisions

Schedule 1
Forms

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

Gazette information

Rules