New Zealand Legislation: Regulations
Regulations are laws made under Acts
Reprint as at 17 November 2011
(SR 1996/148)
Michael Hardie Boys, Governor-General
At Wellington this 10th day of June 1996
Present:
His Excellency the Governor-General in Council
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 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.
7 Certain provisions of District Courts Rules not to apply
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
Documents to accompany applications
21 Affidavits to accompany applications for protection or property orders
22 Applicant for protection order may request that residential address be kept confidential
24 Other documents in support of applications
Documents relating to earlier proceedings
25 Documents relating to earlier proceedings
26 Certificate of lawyer to be included in applications without notice
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
45 Residential address not required
47 Service by means of post office box, document exchange, or facsimile transmission
51 Who may undertake personal service
52 Personal service of applications on notice
54 Extension of period for service
56 Personal service on persons lacking capacity
57 Personal service on person to whom section 12 relates
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
65 Interlocutory applications without notice
66 Enlargement or abridgement of time
69 Amendment of application or notice of defence
70 Clerical mistakes and slips
71 Power of Judge to call conference
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
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
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
96 Transfer of information to criminal court
Part 14
Miscellaneous provisions
99 Witness entitled to expenses
Schedule 2
Provisions of the District Courts Rules that do not apply to proceedings under the Act
