Family Courts Rules 2002

  • not the latest version

Reprint as at 3 August 2009

Family Courts Rules 2002

(SR 2002/261)


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 and the Department for Courts.

Pursuant to section 16A of the Family Courts Act 1980, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following rules.







Registrars' duties and powers

General matters

Overview of Part

Commencement of proceedings

What to file

Where applications to be made

How to file documents in Court

Before any hearing

Steps at hearing

Steps at end of hearing


Rights of appeal to High Court

Overview of Part


Shape, etc, of documents to be filed

How to file documents in Court

Amendment of certain documents filed


Representatives and managers


Service: documents to be served

Service: how documents to be served

Service: on days that are not working days

Service: personal service

Service: lawyer may accept service on behalf of person

Service: at address for service

Service: if address for service is lawyer's office

Service: in manner specified in agreement

Service: on representatives, managers, and incapacitated persons

Service: substituted service

Service: proof of service

Service: on party out of New Zealand

Translations into Maori

Changing times by which rules or orders require things to be done

Striking out and adding parties

Change of parties by death, etc

Consolidation of proceedings

Getting more information and admissions

Discovery and inspection of documents

Procedure when evidence given by affidavit

Other evidentiary matters


Interlocutory injunctions

Injunctions and receivers

Transfer of proceedings and transfer for hearing

Adjournment of hearing

Striking out pleading

Stay or dismissal

Judgments and orders


Investment of funds in Court, property, and payment into Court



Overview of Part


Consent memoranda instead of interlocutory applications

Interlocutory applications on notice or without notice

Who interlocutory applications to be heard and determined by

Form of interlocutory applications

Evidence on interlocutory applications

Where to file interlocutory applications

Procedure for interlocutory applications without notice

Procedure for interlocutory applications on notice

Hearing of interlocutory applications

Registrar's order on interlocutory application may be varied or rescinded

Enforcement of orders made on interlocutory applications

Costs of interlocutory applications

Adoption Act 1955

Child Support Act 1991

Children, Young Persons, and Their Families Act 1989

Domestic Violence Act 1995

Family Proceedings Act 1980 and Care of Children Act 2004

Family Protection Act 1955 and Law Reform (Testamentary Promises) Act 1949

Property (Relationships) Act 1976

Protection of Personal and Property Rights Act 1988

Overview of Part

Court offices

Sittings on days that are not working days



Proceedings, etc, that originated under previous rules

Gazette information

Reprint notes