1 Title

2 Commencement

3 Purpose of these rules

4 Overview of these rules

5 Application of these rules

6 Special rules for proceedings under certain family law Acts

7 No special rules for proceedings under certain family law Acts

8 Interpretation

9 Words and expressions defined in Acts

10 References to prescribed forms

11 Requirements imposed on Registrars by rules

12 Powers of Registrars under rules

13 Practices must be consistent

14 Directions in case of doubt

15 Matters not expressly provided for in rules

16 Judges may give directions to regulate Court's business

17 Failure to comply with rules

18 Overview of this Part

19 How proceedings are commenced

20 Documents to be filed to make application

21 Special rules relating to affidavits

22 Special rules relating to other documents

23 Applications generally to be made on notice

24 Applications that may be made without notice

25 Two or more applications may be made together

26 Documents relating to earlier proceedings

27 Documents or forms for filing to comply with requirements

28 Applications to be filed in proper Court

29 How to file documents in Court

30 Procedure if applications presented or accepted for filing in wrong Court

31 Procedure if applications presented for filing but incomplete or otherwise not in order

32 Procedure if application on notice accepted for filing

33 Procedure if application without notice accepted for filing

34 Orders made on applications without notice

35 Documents to be served if applications on notice

36 Who must be served with applications on notice

37 Special rules relating to service

38 Service of applications under certain Acts

39 Persons served with applications to give address for service

40 Notice of defence or notice of intention to appear

41 Time within which notice of defence, or notice of intention to appear, to be filed and served

42 Family Courts Amendment Rules 2009

43 Appearance under protest to jurisdiction

44 Appearance for ancillary purposes

45 Appearance reserving rights

46 Forms for entering an appearance

47 Getting more information or getting admissions

48 Evidence at hearing generally to be by affidavit

49 Procedure when evidence given by affidavit

50 Witness summons

51 Witness entitled to expenses

52 Conferences

53 Court and Chambers

54 Ascertaining wishes or views of child or young person

55 Procedure if some or all parties do not appear

56 Judgment following non-appearance may be set aside

57 Procedure if all parties appear

58 What Court may do at end of hearing

59 Rehearings

60 Rights of appeal under family law Acts

61 Overview of this Part

62 Forms

63 Documents to which rules 64 to 69 apply

64 Paper

65 Contents must be only on 1 side of paper

66 Margin

67 Numbers

68 Division into paragraphs

69 Fastening and numbering of pages

70 Contents must be legible

71 Signature to be original

72 Front page

73 Heading

74 Front page must comply with requirements of rule 82

75 Filing documents

76 Ways documents may be presented for filing

77 Amendment of application form before it is served

78 Amending documents in proceedings

79 Amendment of application form, or notice of defence or intention to appear

80 Party need not have lawyer

81 Lawyers who are, or act for, adverse parties

82 Memorandum to be on front page with first document filed

83 Lawyer filing documents on behalf of party

84 Lawyer's warranty as to authorisation to file documents

85 Lawyer may sign certain documents on behalf of party

86 Lawyer acting in person

87 Change of representation

88 Court may declare that lawyer no longer acting for party

89 Persons who may start, take part in, or defend proceedings only through representatives or managers

90 Appointment of representatives

91 Managers under Protection of Personal and Property Rights Act 1988

92 Family Courts appointing guardians ad litem or managers for proceedings in District Courts

93 Representatives and managers may sign documents and swear affidavits on behalf of party

94 Representative capacity

95 Responsibility of representative for costs

96 Responsibility of manager for costs

97 Retirement, removal, or death of representative

98 When further steps to be taken by party and not by representative or manager

99 Notices

100 Notices to be given by Registrar

101 Documents to be served

102 How documents to be served

103 Service of copies

104 Certain documents must not be served on certain non-working days

105 Certain documents to be served by personal service

106 Who may carry out personal service

107 Personal service

108 Personal service on spouse or partner

109 Personal service if person to be served on ship

110 Personal service on serving member of armed forces

111 Personal service on prisoner

112 Personal service on minors

113 Personal service: District Courts Rules 1992 apply

114 Service on lawyer on behalf of person

115 Service at address for service

116 Address for service on party or other person

117 Change of address for service

118 Service by post, document exchange, or fax, if address for service is lawyer's office

119 When and how documents under rule 118 to be treated as served

120 Lawyer must acknowledge document faxed

121 Address for service if lawyer no longer acting for party

122 Service under agreement

123 Service on representative or manager

124 Directions about service on incapacitated persons

125 Service on party not invalid just because person incapable of taking part in proceedings

126 Order dispensing with or changing service required

127 Proof of personal service

128 Proof of substituted service effected by advertisement

129 Attaching copy of document to affidavit of service or certificate of service

130 District Courts Rules 1992 apply

131 Translations into Māori and speaking in Māori

132 Changing times by which things to be done

133 Striking out and adding parties

134  District Courts Rules 1992 apply

135 When order may be made

136 Application of rule 135

137 Interrogatories: District Courts Rules 1992 apply

138 Notice to admit facts

139 Further particulars

140 Order for discovery before proceedings commenced

141 Order for discovery after proceedings commenced

142 Contents of affidavit of documents

143 Order for particular discovery against non-party after proceedings commenced

144 Incorrect affidavit to be amended

145 Failure to include document

146 Notice to produce for inspection

147 Order for production for inspection

148 Costs of production by non-party

149 Right to make copies

150 Production of document to Court

151 Inspection to decide validity of claim or objection

152 Admission of documents discovered

153 Notice to produce documents

154 Notice to admit documents

155 Restricted effect of admission

156 Use of affidavits

157 Person refusing to make affidavit

158 Form and contents of affidavit

159 Exhibits to affidavits

160 Affidavit in language other than English

161 Alterations or additions to, or erasure from, affidavit

162 Irregularity in form of affidavit

163 Service copies of affidavits

164 Affidavit may be sworn on any day

165 Affidavits made on behalf of corporations

166 Affidavits by 2 or more deponents

167 Affidavit by blind, disabled, or illiterate deponent

168 Authority to take affidavits

169 Cross-examination of deponent

170 Pre-hearing rulings on evidence

171 Evidence by deposition: District Courts Rules 1992 apply

172 Taking evidence outside New Zealand: District Courts Rules 1992 apply

173 Evidence and submissions from Australia by video link or telephone conference: District Courts Rules 1992 apply

174 Judge may direct that judicial conference be held

175 Orders and directions

176 Non-compliance with orders or directions

177 Order or direction at conference may be varied at hearing

178 Settlement conference

179 Consent order may be made at settlement conference

180 Change of Judge after judicial conference

181 Further powers of Judge to ensure proceedings dealt with speedily

182 Application for interlocutory injunction

183 Undertaking as to damages

184 Interim injunction in relation to party's assets

185 Application for order

186 Transfer of proceedings

187 Transfer for hearing

188 Transfers under rule 186 or rule 187

189 Procedure on transfer of proceedings

190 Procedure on transfer for hearing

191 Transfer of proceedings to High Court

192 Adjournment of hearing

193 Striking out pleading

194 Stay or dismissal

195 Dismissal if proceedings or defence not prosecuted

196 Judgment and reasons for judgment defined

197 Time and mode of giving judgment

198 Judgments to be sealed and dated

199 When drawing up of order unnecessary

200 Duplicate judgments

201 When judgment takes effect

202 Time for doing act to be stated

203 If deed directed to be prepared

204 Clerical mistakes and slips

205 Death, etc, of Judge before judgment

206 Service of judgments

207 District Courts Rules 1992 apply

208  District Courts Rules 1992 apply

209 Application for rehearing

210 Court may order rehearing

211 Evidence by affidavit on application for rehearing

212 Order for rehearing

213 Procedure for rehearing

214 District Courts Rules 1992 apply

215 Overview of this Part

216 Interpretation

217 Consent memoranda instead of applications

218 Applications generally to be made on notice

219 Who must be served with copy of application on notice

220 Applications that may be made without notice

221 Applications to be heard and determined by Registrars

222 Applications to be heard and determined by Judges

223 Form of applications

224 Evidence on applications

225 Where to file applications

226 How to file documents in Court

227 Registrar may transfer for hearing to another Court application accepted for filing

228 Procedure if applications without notice accepted for filing

229 Procedure if applications on notice accepted for filing

230 Notice of opposition to application on notice

231 Where appearance at hearing of application on notice not required

232 Procedure if no appearance required at hearing of application on notice

233 Hearing in Court or in Chambers

234 Hearing of applications

235 Registrar may refer application to Judge

236 Judge may vary or rescind order made by Registrar

237 Enforcement of orders

238 Costs

239 Overview of this Part

240 Interpretation

241 Forms

242 Applicants to identify child to be adopted but not named in application for adoption order

243 Social Worker to ask police about character of applicants before furnishing report

244 Affidavit to be filed with, or before hearing of, application for adoption order

245 Other documents to be filed with, or before hearing of, application for adoption order

246 Form of consent to adoption

247 If applicants' identity not disclosed, Social Worker to give evidence that consent to adoption relates to applicants

248 Lawyers for applicants for adoption order not to witness consents to adoption order required by Act

249 Attendance of parties at hearing

250 Registrar to give notice of making of interim order

251 Form of application for issue of adoption order

252 Adoption order

253 Directions as to service of application for variation or discharge of adoption order

254 Interpretation

255 Forms

256 Applications without notice

257 Affidavits in support to be filed to make certain applications without notice

258 Affidavits in support to be filed to make certain applications on notice

259 Affidavit required by rule 258 to have exhibits if application is notice of appeal under certain sections of Act

260 Affidavit of financial means and their sources to be filed to make application under section 116 of Act

261 Filing of application if Commissioner is party to proceedings

262 Copy of documents filed to make application to be sent to Commissioner in certain cases

263 Notice by advertisement by order under section 224 of Act

264 Notice of defence

265 Affidavit to accompany notice of defence

266 Further information to be filed and served before hearing

267 Fixing date and time for hearing

268 Respondent added as party

269 Procedure on intervention

270 Order of priority of distress warrants

271 Bond by receiver

272 Procedure on arrest of respondent other than in respect of offence

273 Commissioner to receive copy of order made under Act

274 Interpretation

275 Forms

276 Applications without notice

277 Filing of applications

278 Procedure if restraining order made without notice

279 Application under section 67 of Act to be accompanied by documents on family group conference

280 Service of application under section 44 of Act

281 Who must be served with or given copy of certain other applications under Act

282 Service on chief executive

283 Service on Social Worker or member of police

284 Directions as to service

285 Notice of application under section 371 or section 377 of Act

286 Notice of application under section 380 of Act

287 Proof of giving of notice of application under section 371 or section 377 or section 380 of Act

288 Procedure if notice of certain applications under Act not given within time prescribed

289 Documents filed on family group conference

290 Notice of appointment of lawyer or lay advocate

291 Notice of intention to appear

292 Mediation conference

293 Change of Judge after mediation conference

294 Judicial conference: how convened

295 Judicial conference: nature and purpose

296 Fixing date and time for hearing

297 Pre-hearing disclosure of evidence

298 Proof of service of applications

299 Evidence at hearing of certain proceedings generally to be given orally

300 Consent to order of Court

301 Proceedings not to abate

302 Notice of Court's decision on application under section 371 or section 377 of Act

303 Copy of orders to be sent to principal manager of office of Department in relevant area

304 Interpretation

305 Forms

306 Applications without notice

307 Certain applications by respondent or associate respondent to be on notice

308 Certificate of lawyer to be included in certain applications without notice

309 Documents to be filed to make certain applications

310 Residential address not required

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

312 Filing of applications

313 Registrar to fix earliest practicable date for hearing of applications on notice

314 Notice of defence when application on notice

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

316 Time for service

317 Temporary property orders made on application without notice

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

319 Notice of objection to direction to attend programme

320 How notice of objection to be dealt with

321 Notice of result of objection

322 Request by provider for variation of programme

323 Witness summons calling respondent or associated respondent before Court

324 Enforcement of occupation orders and tenancy orders: District Courts Rules 1992 apply

325 Enforcement of ancillary furniture orders and furniture orders: District Courts Rules 1992 apply

326 Certain documents to be served with temporary protection orders and temporary property orders

327 Extension of period for service

328 Copies of orders to be sent to police

329 Service of certain orders to be communicated to police

330 Registration of foreign protection orders

331 Notice of registration of foreign protection orders

332 Notice to be given to foreign court or authority

333 Interpretation

334 Forms

335 Applications without notice

336 Affidavits in support to be filed to make certain applications without notice

336A Applications for warrants and delivery of child

336B Notice of intention to appear in relation to interim parenting order

336C Notice of intention to appear in relation to other interim orders

337 Accompanying affidavits may be filed to make applications for order dissolving marriage or civil union

338 Separation order or separation agreement

339 Marriage or civil union certificate

340 Filing of certain applications

341 Application for separation order

342 Restriction on service of application for separation order

343 Report by counsellor

344 Affidavit of financial means and their sources

345 Notice of defence

346 Request by respondent for appearance on application for dissolution of marriage or civil union

347 Request for hearing before order dissolving marriage or civil union made

348 Filing of request for appearance, or request for hearing by respondent, if application for dissolution of marriage or civil union by one party only

349 Mediation conference

350 Change of Judge after mediation conference

350A Request to speak on child's cultural background

351 Restrictions on fixing date and time for hearing

352 Fixing date and time for hearing: notice of defence filed

353 Fixing date and time for hearing: no notice of defence filed

354 Fixing date and time for hearing of application for declaration or order dissolving marriage or civil union

355 Registrar's list of section 37 applications (for order dissolving marriage or civil union)

356 Request for hearing after order dissolving marriage or civil union made and before it takes effect as final order

357 Proof of service of certain applications

358 Proof of service of applications on Registrar's list of section 37 applications

359 Intervention in proceedings relating to status of marriage or civil union

360 Sealing and service of order dissolving marriage or civil union: order made by Judge in defended proceedings

361 Sealing and service of order dissolving marriage or civil union: order made by Judge in undefended proceedings

362 Sealing and service of order dissolving marriage or civil union: order made by Registrar

362A Costs of contravention of parenting order

363 Registration of orders made in Commonwealth or designated countries

364 Notice of registration of orders made in Commonwealth or designated countries

365 Order on application for confirmation of provisional order

366 Payments under registered or confirmed order

367 Joinder of other parent in proceedings under Family Proceedings Act

368 Provisional orders for confirmation overseas

369 Procedure on arrest of respondent other than in respect of an offence

370 Copies of orders varying maintenance orders

371 Copies of orders for Commissioner of Inland Revenue

372 Enforcement of maintenance under section 259 of Child Support Act 1991

373 Applications without notice

374 Order of priority of distress warrants

375 Application of rule 369

376 Bond by receiver

377 Interpretation

378 Forms

379 Naming of respondent

380 Who must be served with copy of application or interlocutory application under Acts

381 Information to be provided in support of application under rule 380(2)

382 Order for directions as to service or for representation

383 Applications without notice

384 Joining in proceedings under Acts

385 Joinder of claims and consolidation

386 Notice of intention to appear or notice of defence

387 Affidavits in support or in opposition

388 Interpretation

389 Forms

390 Filing of applications

391 Joinder of claims and consolidation

392 Affidavit in support

393 Notice of defence

394 Who must be given notice of applications under Act

395 Variation or recision of order made on application without notice

396 Copies of orders varying maintenance orders

397 Applications under Act to which rules 398 and 399 apply

398 Affidavit disclosing assets and liabilities

399 Insufficient affidavit of assets and liabilities

400 Failure to file affidavit of assets and liabilities or sufficient affidavit of assets and liabilities

401 Failure to attend for examination or to comply with directions in relation to examination

402 Power to summon witness

403 Execution of warrants

404 Conduct of examination

405 Interpretation

406 Forms

407 Filing of applications

408 Medical or other report in support of application to be filed

409 Notice of intention to appear

410 Consent to appointment as welfare guardian or as manager

411 Who must be served with applications under Act

412 Service on persons other than parties

413 Pre-hearing conference

414 Change of Judge after pre-hearing conference

415 Fixing date and time for hearing

416 Proof of service of applications

417 Overview of this Part

418 Court offices and hours

419 Sittings when Court office closed

420 Fee for proceedings under Adoption Act 1955 [Revoked]

421 Fee for proceedings under Family Proceedings Act 1980 [Revoked]

422 Fees must be prepaid on filing [Revoked]

423 Fees inclusive of GST [Revoked]

424 Records

425 Transfer of adoption records

426 Interpretation

427 Who may search, inspect, or copy Court records or files

428 Registrar to restrict searching, inspecting, or copying in certain cases

429 After 6 years, searching, inspection, and copying to be only by leave of Registrar

430 Review of Registrars' decisions under rules 427 to 429

431 Open searching, inspection, and copying of documents or records filed or lodged more than 60 years ago

432 Transfer of information to criminal court

433 Transfer of documents relating to earlier application

434 Transfer of proceedings to High Court

435 Transitional provision