These rules come into force on 21 October 2002.

(1) The purpose of these rules is to make it possible for proceedings in Family Courts to be dealt with—

• (a) as fairly, inexpensively, simply, and speedily as is consistent with justice; and

• (b) in such a way as to avoid unnecessary formality; and

• (c) in harmony with the purpose and spirit of the family law Acts under which the proceedings arise.

(2) These rules must be read in the light of their purpose.

(1) These rules are divided into 6 Parts and 9 Schedules.

(2) Part 1 contains preliminary provisions (for example, provisions about the purpose, general scheme and effect, and application of these rules).

(3) Part 2 sets out the general procedure in Family Courts.

(4) Part 3 contains rules about particular aspects of proceedings in Family Courts (for example, service of documents).

(5) Part 4 sets out procedures for dealing with interlocutory matters (that is, matters that arise in the course of proceedings).

(6) Part 5 contains special rules for proceedings under certain family law Acts.

(7) Part 6 contains rules about Registry matters, fees, and transitional matters (for example, Family Court offices, Family Court office hours, fees payable in respect of proceedings in a Family Court, records, searches, the transfer of records or information, and proceedings, etc, that originated under previous rules).

(8) Schedules 1 to 9 set out the forms prescribed by these rules.

(9) Subclauses (1) to (8) are only a guide to the general scheme and effect of these rules.

(1) All proceedings in a Family Court must be brought and dealt with in accordance with these rules, except to the extent that the family law Act under which they are brought provides for them to be brought or dealt with under some enactment other than these rules.

(2) Parts 1 to 4 and 6 (the general rules) apply to all proceedings in a Family Court.

(3) However, the application of the general rules to the proceedings is modified by any rules in Part 5 that apply to the proceedings (Part 5 contains rules that modify the general rules).

(4) Rules in Part 5 that are referred to in a paragraph of rule 6 apply only to proceedings brought under the 1 or more family law Acts referred to in that paragraph of rule 6.

(5) In this rule, proceedings in a Family Court includes all proceedings in a District Court under—

• (a) section 15 of the Family Courts Act 1980; or

• (b) section 151 of the Children, Young Persons, and Their Families Act 1989.

As well as rule 239 (which gives an overview of the Part), Part 5 contains the following rules:

• (a) rules 240 to 253 (Adoption Act 1955):

• (b) rules 254 to 273 (Child Support Act 1991):

• (c) rules 274 to 303 (Children, Young Persons, and Their Families Act 1989):

• (d) rules 304 to 332 (Domestic Violence Act 1995):

• (e) rules 333 to 376 (Family Proceedings Act 1980 and Care of Children Act 2004):

• (f) rules 377 to 387 (Family Protection Act 1955 and Law Reform (Testamentary Promises) Act 1949):

• (g) rules 388 to 404 (Property (Relationships) Act 1976):

• (h) rules 405 to 416 (Protection of Personal and Property Rights Act 1988).

(1) Part 5 contains no rules that apply to proceedings to be brought under the following family law Acts:

• (a) Births, Deaths, Marriages, and Relationships Registration Act 1995:

• (ab) Civil Union Act 2004:

• (b) Domestic Actions Act 1975:

• (c) Marriage Act 1955.

(2) Proceedings under those Acts must, therefore, be brought and dealt with under Parts 1 to 4 and 6, except to the extent that the family law Act under which they are brought provides for them to be brought or dealt with under some enactment other than these rules.

In these rules, unless the context otherwise requires,—

Unless the context otherwise requires, a word or expression used in a rule or form in these rules and defined in an Act must be given the meaning the Act gives it if—

• (a) the Act deals with the subject matter of the rule or form; and

• (b) the word or expression is not defined in these rules.

(1) In these rules, a reference to a numbered form is a reference to that form as set out in Schedules 1 to 9.

(2) For requirements to use forms, see rule 62(1) and the special rules in Part 5 of the kind referred to in rule 62(2).

A requirement imposed on a Registrar by these rules to do a thing is a requirement to take all reasonably practicable steps to ensure that the thing is done.

(1) A Registrar has all the powers of a Judge to do any of the following if, and to the extent that, these rules authorise the Registrar to do any of the following:

• (a) hear and determine any proceedings:

• (b) make any direction or order.

(2) Nothing in this rule—

• (a) authorises a Registrar to commit a person to a prison or to enforce an order by committal:

• (b) limits any right of review by a Judge of a decision of a Registrar.

(3) An order made by a Registrar under these rules has the same effect, and is enforceable in the same manner, as if it were an order of a Judge.

(4) An order made by a Judge may be signed by a Registrar in his or her own name and description.

(1) A practice that is not consistent with these rules or a family law Act must not be followed in any Court.

(2) Subclause (1) overrides rules 14 to 16.

(1) A person in doubt about any matter of procedure under these rules may make an interlocutory application without notice to the Judge for directions, and the Judge may make a decision and give directions on that matter.

(2) If there is a doubt about the application of a rule to any proceedings, the Judge may make a decision and give directions—

• (a) on an interlocutory application without notice for the purpose by a person; or

• (b) on the Judge's own initiative.

(3) A step taken in accordance with directions under this rule is in accordance with these rules.

(4) This rule is subject to rule 13(1).

(1) The Judge must deal with any matter not provided for by any enactment (including any of these rules)—

• (a) under provisions of these rules dealing with similar matters if that can be done; or

• (b) in a way decided by the Judge, in the light of the purpose of these rules, if the Judge considers the matter cannot be dealt with under provisions of these rules dealing with similar matters.

(2) This rule is subject to rule 13(1).

(1) The Judge presiding over a Court may, at any time, give any directions he or she thinks proper for regulating the Court's business.

(2) This rule is subject to rule 13(1).

(1) If these rules have not been complied with in beginning or purporting to begin any proceedings, or at any stage in the course of or in connection with any proceedings, that failure to comply—

• (a) must be treated as an irregularity; and

• (b) does not nullify—

  • (i) the proceedings; or

  • (ii) any step taken in the proceedings; or

  • (iii) any document, judgment, or order in the proceedings.

(2) If these rules have not been fully complied with at some stage of any proceedings,—

• (a) the Judge may set the proceedings aside entirely or take any or all of the following steps:

  • (i) set the proceedings aside in part:

  • (ii) set aside, wholly or in part, any step in them:

  • (iii) set aside, wholly or in part, any document, judgment, or order in them:

  • (iv) allow the proceedings to be amended; and

• (b) whether or not he or she acts under paragraph (a), the Judge may make any other order (for example, as to costs, or adjourning the proceedings) he or she thinks appropriate.

(3) The Judge must not set the proceedings aside entirely just because they were not commenced by the kind of application required by these rules.

(4) The Judge must not act under subclause (2)(a) on an interlocutory application made by a party unless—

• (a) the application has been made within a reasonable time of the non-compliance concerned; and

• (b) the party has not taken any fresh step after becoming aware of the non-compliance.

(5) Subclause (4) does not prevent the Judge from making an order on his or her own initiative (whether or not a party has made an interlocutory application for the purpose).

(1) This Part sets out the general procedure in Family Courts.

(2) It should be read with all other Parts of these rules.

(3) The application of this Part to proceedings is modified by any rules in Part 5 that apply to the proceedings (Part 5 contains rules that modify this Part).

(4) Among other things, this Part deals with the following matters:

• (a) commencement of proceedings:

• (b) what to file:

• (c) where applications are to be made:

• (d) how to file documents in Court:

• (e) procedures before, at, and at the end of, any hearing:

• (f) rehearings and appeals.

(5) This rule is only a guide to the general scheme and effect of this Part.

For the purposes of these rules, proceedings are commenced when a person makes an application to a Court for a particular order or declaration under a family law Act.

(1) An application is made by filing the following documents:

• (a) the application form (set out in Schedules 2 to 9) for the particular order or declaration sought or, if there is no application form for that order or declaration, the general application form (set out in Schedule 1), which form must, if practicable, list the names and addresses of the persons on whom the application is required or intended to be served (see rule 36):

• (b) an information sheet (which contains particulars about the parties) on yellow paper and in form G 7 (set out in Schedule 1) or (as the case requires) in form CYPF 4 (in Schedule 4) or in form PPPR 14 (in Schedule 9):

• (c) any affidavit required or permitted by special rules in Part 5 to be filed with the documents to be filed to make the application (see rule 21):

• (d) any other documents required or permitted by a family law Act or these rules to be filed with the documents to be filed to make the application (for examples, see rule 22):

• (e) if the applicant is acting in a representative capacity, a statement setting out the capacity in which the applicant is acting, as required by rule 94:

• (f) if an order or agreement is to be used in support of the application, a copy of that order or agreement (unless the Registrar directs otherwise).

(2) If the application is on notice, then, together with the documents referred to in subclause (1), there must also be filed the same number of copies of the documents specified in rule 32(3) (except paragraph (c)) as there are persons on whom documents relating to the application are required or intended to be served.

For the purposes of rule 20(1)(c),—

• (a) applicants for an adoption order must file with the documents to be filed to make their application, or file before any hearing of their application, an affidavit that complies with rule 244:

• (b) applicants under the Child Support Act 1991 who make certain applications without notice, or who make certain applications on notice, must file with the other documents to be filed to make their application an affidavit in support (see rules 257 and 258):

• (c) applicants for an urgent maintenance order under section 116 of the Child Support Act 1991 must file with the other documents to be filed to make their application an affidavit of financial means and their sources (see rule 260):

• (d) applicants (and other parties) under the Child Support Act 1991 must, at least 10 working days before the hearing of the application, file an affidavit of financial means and their sources (see rule 266(1)):

• (e) applicants for a protection order or for a property order (as defined in rule 304) under the Domestic Violence Act 1995 must file with the other documents to be filed to make their application an affidavit of the kind referred to in rule 309(1)(a):

• (f) applicants under the Family Proceedings Act 1980 or the Care of Children Act 2004 who make certain applications without notice must file with the other documents to be filed to make their application an affidavit in support (see rule 336):

• (g) applicants for an order dissolving a marriage or civil union, under section 39 of the Family Proceedings Act 1980, may file with the other documents to be filed to make their application an accompanying affidavit (see rule 337):

• (h) applicants under the Family Protection Act 1955 or the Law Reform (Testamentary Promises) Act 1949 must, if their application is made without notice, file with the other documents to be filed to make their application an affidavit of the kind referred to in rule 383:

• (i) applicants under the Property (Relationships) Act 1976 must file with the other documents to be filed to make their application an affidavit that includes the information specified in rule 392 and, if rules 398 and 399 apply to their application, must also file and serve (within the time specified in rule 398(1)) an affidavit of the kind referred to in rule 398(1)(a).

Part 5 also contains special rules about other documents to be filed to make applications under the following family law Acts or to be filed before the hearing of those applications or by a time the Registrar may direct:

• (a) Adoption Act 1955 (see rule 242 - evidence of child's identity, and rule 245 - other documents):

• (b) Child Support Act 1991 (see rule 266(2) - further information to be filed and served before hearing):

• (c) Children, Young Persons, and Their Families Act 1989 (see rule 279 - application under section 67 of Act to be accompanied by documents on family group conference, and rule 289 - documents filed on family group conference):

• (d) Domestic Violence Act 1995 (see rule 308 - certificate of lawyer to be included in certain applications without notice, and rule 309 - documents to be filed to make certain applications):

• (e) Family Proceedings Act 1980 (see rule 338 - separation order or separation agreement, rule 339 - marriage or civil union certificate, and rule 344 - affidavit of financial means and their sources):

• (f) Protection of Personal and Property Rights Act 1988 (see rule 408(a) - medical or other report in support of application to be filed).

An application must be made on notice unless rule 24(1) or (2) applies.

(1) An application need not be made on notice if the family law Act under which it is made provides, or any other of these rules provide, that the application, or an application of that kind, may be made without notice.

(2) An application need not be made on notice if subclause (1) does not apply and the application, or an application of that kind, is not expressly required to be made on notice by the family law Act under which it is made or by any other of these rules, and the Court is satisfied that—

• (a) the delay that would be caused by making the application on notice would or might entail,—

  • (i) in proceedings under the Child Support Act 1991 or the Family Proceedings Act 1980 or the Care of Children Act 2004, serious injury or undue hardship, or risk to the personal safety of the applicant or any child of the applicant's family, or both; and

  • (ii) in proceedings under the Domestic Violence Act 1995, a risk of harm or undue hardship to the applicant or any child of the applicant's family, or both; and

  • (iii) in proceedings under the Property (Relationships) Act 1976, irreparable injury; or

• (b) the application affects the applicant only, or is in respect of a routine matter, or is about a matter that does not affect the interests of any other person; or

• (c) every person in respect of whom the order is sought has either died or cannot be found.

(1) Two or more applications may be made together if the applications relate to proceedings under—

• (a) the same family law Act; or

• (b) any of the Family Proceedings Act 1980, the Care of Children Act 2004, and the Property (Relationships) Act 1976; or

• (c) the Family Protection Act 1955 and the Law Reform (Testamentary Promises) Act 1949 (see rule 385(1)).

(2) However, applications made together under the Children, Young Persons, and Their Families Act 1989 must not relate to more than 1 child or young person unless the same persons or organisations are to be parties to the proceedings in respect of those children or young persons.

(3) Applications made together may be made in a single combined application form, and—

• (a) 1 signature by the applicant on the form is sufficient:

• (b) 1 information sheet is sufficient for all the applications:

• (c) 1 front page referring to all the applications is sufficient:

• (d) each order or declaration sought must be clearly identified in the form by an appropriate heading:

• (e) explanatory notes from separate application forms may be combined and amended in the single combined application form if that is necessary to avoid duplication.

(4) Subclause (3) overrides rule 20(1).

(1) If some or all of the parties to an application under a family law Act (the later application) were parties to an application made earlier to a different Court under that Act or under a former Act that corresponds to that Act (the earlier application), the later application must show—

• (a) the location of the Court in which the earlier application or applications were made (if known to the applicant); and

• (b) the file number of the earlier application or, if the applicant does not know the file number, any information that may help the Registrar to find it out.

(2) If the earlier application and the later application were made under the Children, Young Persons, and Their Families Act 1989 or a former Act that corresponds to that Act, subclause (1) applies only if those applications are made in respect of the same child or young person.

(3) If the later application is made under the Domestic Violence Act 1995, the reference in subclause (1) to “the earlier application” must be read as if it includes references to applications for an order under the Family Proceedings Act 1980 or under the Guardianship Act 1968 or under the Care of Children Act 2004.

(4) Nothing in this rule limits rule 433 (transfer of documents relating to earlier application).

Every document or form to be filed must comply with applicable requirements stated or referred to in rules 63 to 74 (shape, etc, of documents to be filed), for example,—

• (a) if the document is not a document referred to in rule 72(4), it must have a front page in form G 1 (in Schedule 1) stating an address for service; and

• (b) if the document is the first document filed by, or on behalf of, a party, it must have on that front page the memorandum required by rule 82 (memorandum to be on front page with first document filed).

(1) Unless an Act or another of these rules requires otherwise, every application must be filed—

• (a) in the Court nearest to where the applicant (or any 1 of the applicants) resides; or

• (b) in the Court nearest to where the person who may oppose, or be interested in, or be likely to be affected by, the application (or, if there are 2 or more persons of that kind, any 1 of those persons) resides; or

• (c) in the Court that is specified in a written consent that is signed by each person who may oppose, or be interested in, or be likely to be affected by, the application.

(2) Subclause (1) does not apply to the following appeals and applications (which must each be filed or made in the Court nearest the Registrar-General's office):

• (a) appeals to the Court under section 15A(2), section 17(2), or section 18(5) of the Births, Deaths, Marriages, and Relationships Registration Act 1995:

• (b) applications to the Court under section 85 of that Act.

(3) Part 5 contains special rules about the proper Court for the following applications:

• (a) applications under the Child Support Act 1991 if the Commissioner is a party (see rule 261); and

• (b) applications under the Children, Young Persons, and Their Families Act 1989 (see rule 277); and

• (c) applications under the Domestic Violence Act 1995 (see rule 312); and

• (d) applications under, and certain applications filed with or in relation to applications under, Part IV of the Family Proceedings Act 1980 (see rule 340); and

• (e) applications under the Property (Relationships) Act 1976 (see rule 390); and

• (f) applications under the Protection of Personal and Property Rights Act 1988 (see rule 407).

An application must be filed in accordance with rules 75 and 76.

(1) A Registrar who considers that the documents to be filed to make an application have been presented for filing in the wrong Court may decline to accept them for filing.

(2) An applicant who disagrees with the Registrar about whether the Court is the proper Court in which to make the application may, by an interlocutory application for the purpose, apply for a direction from a Judge that the applicant is entitled to make the application in that Court.

(3) If an application is filed in the wrong Court, a Judge may, on his or her own initiative or an interlocutory application for the purpose, direct that the proceedings—

• (a) be transferred to the proper Court; or

• (b) may continue in the Court in which they have been commenced, in which case no later objection may be taken on the grounds that the proceedings are being conducted in the wrong Court.

(4) A direction under subclause (3) may be subject to any terms or conditions the Judge thinks fit.

(1) A Registrar who considers that documents to be filed to make an application, and presented for filing, are incomplete, or otherwise not in order, may—

• (a) decline to accept them for filing; or

• (b) decline to accept them for filing, but explain to the applicant, and ask the applicant to do, what is necessary to put them in order for filing.

(1A) An information sheet required to be filed under rule 20(1)(b) that is not on yellow paper is in order and must, when presented for filing, be accepted by the Registrar.

(2) A person who is dissatisfied with a Registrar's decision under subclause (1) may make an interlocutory application without notice to a Judge to have the decision varied or rescinded.

(1) A Registrar who accepts for filing the documents to be filed to make an application on notice must either—

• (a) immediately fix a date and time for the hearing of the application; or

• (b) enter the application on the Registrar's list (as defined in rule 8), so that it is regularly monitored, and managed and progressed either—

  • (i) to resolution without a hearing; or

  • (ii) to a point where the Registrar is permitted or required to fix a date and time for the hearing of the application, and does so under this subparagraph.

(2) Promptly after a date and time is fixed for the hearing of an application, under subclause (1)(a) or (b)(ii), the Registrar must—

• (a) inform the applicant of the date and time fixed; and

• (b) complete, for each person required or intended to be served with the application, a copy of any notice to respondent or similar notice (set out in Schedules 2 to 9) indicating that the application has been made and how generally it may be responded to or defended; and

• (c) issue for service on (that is, in general terms, make ready and complete for delivery to) each person of that kind a copy of the documents specified in subclause (3).

(3) The documents referred to in subclause (2)(c) are—

• (a) the application form; and

• (b) the information sheet; and

• (c) any notice to respondent or similar notice completed under subclause (2)(b); and

• (d) any affidavits filed with the application; and

• (e) any other document required to be issued for service on each person of that kind by a special rule contained in Part 5 (for example, by rule 408(b)).

(4) However, a document must not be issued for service under subclauses (2)(c) and (3) if the document is—

• (a) an affidavit filed with an application under the Domestic Violence Act 1995:

• (b) a document filed to make an application for a separation order, under section 21 of the Family Proceedings Act 1980:

• (c) an affidavit in form FP 14 to accompany a joint application for an order dissolving a marriage or civil union, under section 39 of the Family Proceedings Act 1980.

(5) A Judge may, on his or her own initiative or on an interlocutory application for the purpose, order that a copy of an affidavit issued for service under subclause (2)(c)—

• (a) not be served on any or all of the persons required or intended to be served with the application; or

• (b) not be served on any or all of those persons for the time being.

(6) An applicant who has made an application on notice or the Registrar may, under rules 77 to 79, amend the application.

(1) A Registrar who accepts for filing an application without notice must, if the application requires an appearance by the applicant,—

• (a) fix a date and time for the hearing of the application; and

• (b) inform the applicant of the date and time fixed for the hearing.

(2) An applicant who has made an application without notice or the Registrar may, under rules 77 to 79, amend the application.

If an application without notice is made, and an order is made on the application,—

• (a) the Registrar must, if the applicant was not present at the hearing of the application, make a copy of the order available to the applicant without delay:

• (b) a copy of the order must, under rule 101 (documents to be served), be served on every person against whom the order is made:

• (c) each person against whom the order is made may, at any time, make an interlocutory application to a Judge to have the order varied or rescinded.

(1) The documents issued for service under rule 32(2)(c) in relation to an application (the documents) must be served in accordance with rules 101 to 130 on every person required or intended to be served with documents relating to the application.

(2) If all reasonable efforts have been made to serve the documents in a manner required or (as the case requires) a manner permitted by these rules, but the documents have not been served in that manner, in certain circumstances the applicant may, under rule 126, apply for an order for substituted service (that is, an order dispensing with or changing the service required by these rules).

If an application on notice is made, a copy of the documents issued for service under rule 32(2)(c) in relation to the application must be served on each person who will be a party to, or interested in, or likely to be affected by, the proceedings unless a Registrar or Judge directs otherwise on an interlocutory application for the purpose.

However, rule 36 is modified by special rules in Part 5 as to who must or may be served with documents relating to, or who must be given notice of, certain applications under certain family law Acts, including the following Acts:

• (a) Adoption Act 1955 (see, for example, rule 253 - directions as to service of application for variation or discharge of adoption order):

• (b) Child Support Act 1991 (see, for example, rule 266):

• (c) Children, Young Persons, and Their Families Act 1989 (see, for example, rules 280, 281, and 284):

• (d) Family Proceedings Act 1980, Care of Children Act 2004 (see, for example, rule 342 – restriction on service of application for separation order):

• (e) Family Protection Act 1955, Law Reform (Testamentary Promises) Act 1949 (see, for example, rule 382 – order for directions as to service or for representation):

• (f) Property (Relationships) Act 1976 (see, for example, rule 394 – who must be given notice of applications under Act):

• (g) Protection of Personal and Property Rights Act 1988 (see, for example, rule 411 – who must be served with copy of applications under Act, and rule 412 – service on persons other than parties).

If an application is made under 1 of the following family law Acts, rule 36 is subject to provisions in that Act that affect who must be served with the application:

• (a) Births, Deaths, Marriages, and Relationships Registration Act 1995 (see, for example, sections 15A(3)(a)), 18(7)(a), 28(2), 29(2), and 85(3)(a) of that Act):

• (ab) Civil Union Act 2004 (see, for example, section 20(2) of that Act):

• (b) Domestic Actions Act 1975 (see, for example, section 10(1) of that Act):

• (c) Marriage Act 1955 (see, for example, section 19(2) of that Act).

(1) A person who is served under rule 35 with an application, but who does not give an address for service, is not entitled—

• (a) to be served with further notice of any step in connection with the proceedings, or of copies of any further documents filed in Court in connection with the proceedings; or

• (b) to address the Court unless the Court permits the person to do so either—

  • (i) on its own initiative; or

  • (ii) on an interlocutory application for the purpose.

(2) The person may give an address for service—

• (a) by stating that address in the first document filed by, or on behalf of, the person (if a front page is required by rule 72 to be with the document, in that front page and, if no such front page is required, in or on the document itself); or

• (b) by filing in Court a notice of that address, and serving a copy of the notice on every other party to the proceedings.

(3) An address for service may be changed in the manner specified in rule 117 (change of address for service).

A person served under rule 35 with an application may, if permitted to do so by the family law Act under which the proceedings are brought or by special rules in Part 5 that apply to them, file in Court and serve on every other party to the proceedings—

• (a) a notice of defence to the application in form G 12:

• (b) a notice of intention to appear and be heard in relation to the application in form G 13.

A notice of defence or notice of intention to appear must be filed and served by a person served under rule 35 with an application—

• (a) within 21 days (or any other period specified for the purposes of this paragraph by any special rules in Part 5 that apply to the proceedings) after the person receives service of the application and notice to respondent (or similar notice) completed under rule 32(2)(b); or

• (b) if the person resides outside New Zealand, unless the Court orders otherwise, within—

  • (i) 30 days if the person is served within the Commonwealth of Australia; or

  • (ii) 50 days if the person is served elsewhere; or

• (c) if the person is the subject of an order for substituted service (see rule 126), within the time that the Judge or Registrar must fix on an interlocutory application that the applicant must make for the purpose.

(1) This rule applies to a person who—

• (a) is served with an application; and

• (b) is permitted to file and serve a notice of defence or notice of intention to appear; and

• (c) fails to file and serve a notice of defence or notice of intention to appear within the time specified in or under rule 41.

(2) If the person appears on the day of the hearing of the application to oppose or support the application, the Judge must decide whether it is in the interests of justice to allow the person to be heard.

(3) In deciding, for the purpose of subclause (2), whether to allow the person to be heard in relation to the application, the Judge must take into account the following matters:

• (a) any reason given by the person for failing to comply with rule 41; and

• (b) the effect of the person's failure to comply with rule 41 on—

  • (i) the other parties to the proceeding:

  • (ii) the management of the proceeding.

(4) The Judge may—

• (a) allow the person to be heard in relation to the application on such terms as the Judge thinks fit; or

• (b) decline to allow the person to be heard.

(5) If the Judge allows the person to be heard in relation to the application, the Judge may—

• (a) either—

  • (i) proceed with the hearing of the application in accordance with any directions that the Judge thinks fit; or

  • (ii) adjourn the hearing of the application and give any directions about the adjourned hearing that the Judge thinks fit; and

• (b) make an order against the person for costs properly incurred in consequence of his or her failure to comply with rule 41.

(6) If the Judge declines to allow the person to be heard, the Judge may proceed with the hearing of the application in accordance with rule 55(2) as if the person had not appeared.

(1) A respondent who objects to the jurisdiction of the Court to hear and determine the proceedings in which the respondent has been served may, within the time specified in or under rule 41 for filing a notice of defence, and instead of doing so, file and serve an appearance stating the respondent's objection and the grounds for it.

(2) The filing and serving of an appearance under subclause (1) is not, and must not be treated as, a submission to the jurisdiction of the Court in the proceedings.

(3) A respondent who has filed an appearance under subclause (1) may apply to the Court to dismiss the proceedings on the ground that the Court has no jurisdiction to hear and determine them.

(4) On hearing an application under subclause (3), the Court,—

• (a) if it is satisfied that it has no jurisdiction to hear and determine the proceedings, must dismiss them; but

• (b) if it is satisfied that it has jurisdiction to hear and determine the proceedings, must dismiss the application and set aside the appearance.

(5) At any time after an appearance has been filed under subclause (1), the applicant may make an interlocutory application to have the Court set aside the appearance.

(6) On hearing an application under subclause (5), the Court,—

• (a) if it is satisfied that it has jurisdiction to hear and determine the proceedings, must set aside the appearance; but

• (b) if it is satisfied that it has no jurisdiction to hear and determine the proceedings, must dismiss both the application and the proceedings.

(7) The Court, in exercising its powers under this rule, may do so on any terms and conditions that may be just and, in particular, on setting aside the appearance may—

• (a) extend the time within which the respondent may file and serve a notice of defence; and

• (b) give any directions that may appear necessary regarding any further steps in the proceedings.

A respondent who does not oppose the applicant's application, but who desires to be heard on any ancillary matter (including costs) may, without filing a notice of defence, file and serve an appearance specifying those matters, and, once that is done, no matter specified in the appearance may be determined except on notice to that respondent.

(1) Subclause (2) applies to a respondent who does not oppose the applicant's application, but who desires to reserve the respondent's rights in the event—

• (a) that any other person may become a party to the proceedings; or

• (b) that any person, already a party, may take some steps in the proceedings adverse to the respondent's interests.

(2) The respondent may file and serve an appearance reserving those rights, and, once that is done, the respondent is entitled to be served with all documents relevant to the rights so reserved that may be filed in the proceedings by any person who is or may become a party to them.

(3) A respondent who has filed an appearance under subclause (2) may at any time, by leave of the Court, file and serve a notice of defence and any other document, within a time and on any terms and conditions the Court specifies on granting the leave.

Form 8 or form 9 or form 10 of the District Courts Rules 1992 may be used, as appropriate, and with all necessary modifications, for the purposes of entering an appearance under rules 43 to 45.

(1) A party to an application may get more information, or get an admission, from another party to the proceedings, or a person who is not a party to the proceedings, by—

• (a) filing and serving on the other party interrogatories, under the provisions of the District Courts Rules 1992 specified in rule 137(2):

• (b) issuing to the other party, under rule 138, a notice to admit facts:

• (c) issuing to the other party, under rule 139, a notice requiring the other party to file in Court and serve on each person served with the proceedings further particulars:

• (d) applying to the Judge (see rules 140 to 152) for an order for discovery of documents that—

  • (i) are or have been in the possession or power of the other party or of the person who is not a party; and

  • (ii) relate to a matter in question in the proceedings:

• (e) issuing to the other party, under rule 153, a notice to produce documents:

• (f) issuing to the other party, under rule 154, a notice to admit documents.

(2) In subclause (1),—

(1) Evidence given in support of a party's case at any hearing of an application must be given by affidavit.

(2) Subclause (1) does not apply if the Court, on its own initiative or on an interlocutory application for the purpose, directs that some or all of that evidence may be given orally.

The following rules apply in respect of affidavits:

• (a) rule 157 (which relates to orders requiring people who refuse to make affidavits as to facts relevant to proceedings to appear and be examined on oath before the Court as to those facts):

• (b) rules 158 to 168 (which set out requirements affidavits must comply with, and permit a Judge to excuse non-compliance with some of those requirements):

• (c) rule 156 (which prevents affidavits from being used or read in proceedings unless they have been properly taken and filed):

• (d) rule 169 (which relates to cross-examination of a deponent who has sworn an affidavit for an opposite party and, by witness summons, compelling the deponent to attend at any hearing in order to be cross-examined).

(1) A party to proceedings may ask a Registrar to issue a witness summons in form G 18 for a person if the party wants the person to attend any hearing of the application and—

• (a) give oral evidence in accordance with a Judge's direction under rule 48:

• (b) produce any document relating to a matter in question in the proceedings in the person's possession or power.

(2) On receiving a request under subclause (1), the Registrar must issue to the party the witness summons and a copy of it.

(3) The witness summons must be served on the witness concerned by personal service at a reasonable time before any date fixed for the hearing of the application.

(4) At the time of the service of the summons, there must be paid or tendered to the witness concerned the sum estimated to be payable to him or her for allowances and travelling expenses, but not fees, under the Witnesses and Interpreters Fees Regulations 1974.

(5) Nothing in subclause (4) limits rule 51.

(1) A witness attending a Court on a witness summons or any other person giving evidence in the proceedings is entitled to receive, from the party calling him or her, a sum for fees, allowances, and travelling expenses in accordance with the Witnesses and Interpreters Fees Regulations 1974.

(2) The Court may, on an interlocutory application for the purpose,—

• (a) disallow the whole or part of that sum; or

• (b) order that subclause (1) does not apply.

(3) Subclause (1) does not apply to a person called as a witness by a Court under section 82 of the Domestic Violence Act 1995 (including persons to whom that section applies by virtue of sections 42 and 78(5) of that Act).

(4) Nothing in subclause (3) limits regulation 3 of the Domestic Violence (General) Regulations 1996.

(1) A party to proceedings or the Judge may (under the following rules or under the provisions of the family law Acts referred to in those rules) ask the Registrar to arrange for the following conferences, chaired by a Judge, to be convened:

• (a) (rules 292 to 295) a Children, Young Persons, and Their Families Act 1989 mediation conference or judicial conference:

• (b) (rule 349) a Family Proceedings Act 1980 mediation conference:

• (c) (rule 413) a Protection of Personal and Property Rights Act 1988 pre-hearing conference.

(2) The Judge may (whether or not a conference referred to in subclause (1) has been convened) direct the Registrar to arrange for the following conferences, chaired by a Judge, to be convened under the following rules:

• (a) a judicial conference under rule 174:

• (b) a settlement conference under rule 178.

(3) Nothing in this rule limits the Court's power, on an application under section 38 of the Property (Relationships) Act 1976, to appoint the Registrar of the Court, or another person the Court thinks fit, to make an inquiry into the matters of fact in issue between the parties, and to report on them to the Court.

(1) A Judge may adjourn a hearing of an application from Court to Chambers (that is, a venue the Judge considers more private than Court), and from Chambers to Court, in order to do justice between parties to the proceedings and any other persons affected, or likely to be affected, by the proceedings.

(2) A Judge may adjourn a hearing under subclause (1) on his or her own initiative or on an interlocutory application (either on notice or without notice) for the purpose.

If a Court is required, or considers it necessary or desirable, to ascertain the wishes of a child or young person at any hearing of any application, the Court may—

• (a) order that any party to the proceedings, and the lawyers or other persons representing a party or the child or young person, be excluded from the hearing for so long as may be necessary to ascertain those wishes or views; or

• (b) direct when and where the Judge will ascertain those wishes or views.

(1) If no party appears, the Court may dismiss the application.

(2) If the applicant appears but no other party appears, the applicant may proceed to establish the grounds on which he or she claims to be entitled to the order or declaration sought.

(3) If the applicant does not appear but another party appears and opposes the application, the Court may—

• (a) adjourn the hearing; or

• (b) dismiss the application.

(4) Subclause (3) does not apply to a person to whom rule 42 applies.

A judgment given where a party does not appear at the hearing may be set aside or varied by the Court on any terms it considers just if it appears to the Court that there has been, or that there may have been, a miscarriage of justice.

(1) If all parties appear at the hearing, the applicant must state his or her case and give evidence in support unless the Court directs another party to do so.

(2) When that party finishes stating his or her case and giving evidence in support, the other parties must state their cases and give evidence in support in a sequence directed by the Court.

(2A) Subclause (2) does not apply to a person to whom rule 42 applies.

(3) When all parties have stated their cases and given evidence in support, the parties may address the Court on the application generally in reverse sequence to that in which they stated their cases unless the Court directs another sequence.

(1) At the end of a hearing of an application, the Court may—

• (a) adjourn the proceedings:

• (b) stay or dismiss the application:

• (c) deliver or reserve judgment on the application:

• (d) make 1 or more interim orders or interlocutory orders:

• (e) make, or defer until some fixed or indefinite later time the making of, 1 or more orders on the application.

(2) Subclause (1) does not limit or affect any power or duty of the Court under these rules or any other enactment or rule of law.

(3) Rules 196 to 206 apply in respect of judgments and orders.

Under rules 209 to 213,—

• (a) a party to proceedings may apply for a rehearing of all or any part of an application on the grounds that there has been a miscarriage of justice in the proceedings:

• (b) the Court may consider the application for a rehearing and order that the application, or part of it, be reheard:

• (c) a rehearing of the application, or part of it, may be conducted.

Certain parties to proceedings have, under the family law Act under which the proceedings were brought, rights of appeal to the High Court against an order made, or a refusal to make an order, or any other decision that finally determines or dismisses the proceedings.

(1) This Part contains rules about particular aspects of proceedings in Family Courts.

(2) It should be read with all other Parts of these rules.

(3) The application of this Part to proceedings is modified by any rules in Part 5 that apply to the proceedings (Part 5 contains rules that modify this Part).

(4) Among other things, this Part contains rules on the following matters:

• (a) forms, and the shape, etc, of documents to be filed:

• (b) how to file documents in Court:

• (c) lawyers and representatives:

• (d) service of documents:

• (e) discovery and inspection of documents:

• (f) procedures when evidence is given by affidavit:

• (g) conferences:

• (h) judgments and orders:

• (i) costs:

• (j) rehearings.

(5) This rule is only a guide to the general scheme and effect of this Part.

(1) The forms to be used in proceedings in a Court are those set out in Schedule 1.

(2) However, special rules in Part 5 require that, in proceedings under particular family law Acts, other forms (set out in Schedules 2 to 9) be used as well as, or (if they are for the particular purpose) instead of, the forms set out in Schedule 1.

(3) An example of a special rule in Part 5 of that kind is rule 241, which provides that the forms set out in Schedule 2 must be used in proceedings under the Adoption Act 1955.

(4) Forms prescribed by these rules may be varied as the circumstances of a particular case require.

(5) Strict compliance with forms prescribed by these rules is not required; substantial compliance, or the compliance that the particular circumstances of the case allows, is sufficient.

(6) If these rules do not prescribe a form for a particular purpose, an appropriate form may be devised by the parties or by the Court, using as guides the forms prescribed by these rules.

In rules 64 to 69, document means—

• (a) a prescribed form (other than an information sheet); or

• (b) an affidavit (but not an exhibit to an affidavit).

Each page of a document must be International size A4.

Each sheet of paper on which the contents of a document are recorded must have those contents recorded only on 1 side.

(1) A margin of at least 40 mm must be at the top of each page of a document.

(2) A margin of at least 30 mm must be on the left-hand side of each page of a document.

(3) A margin of at least 50 mm must be on the right-hand side of each page of a document.

(1) Numbers in a document must be expressed in figures and not in words.

(2) This rule is subject to Schedules 1 to 9.

(1) The contents of a document must be divided into paragraphs numbered consecutively.

(2) Each paragraph in a document must so far as practicable be confined to a single topic.

(3) This rule is subject to Schedules 1 to 9.

In a document of 2 or more pages, the pages must be—

• (a) securely fastened together in the top left-hand corner; and

• (b) consecutively numbered at the top of each page.

The contents of a document must be—

• (a) legible; and

• (b) typewritten, printed, handwritten, or produced in permanent form by photocopying.

If a document is required to be signed,—

• (a) an original signature is required; and

• (b) the name of the signatory must be legibly typed, printed, stamped, or written below the original signature.

(1) A document (other than a document specified in subclause (4)) to be filed by a party to proceedings must have a front page—

• (a) in the form prescribed for those particular proceedings, as set out in Schedules 2 to 9; or

• (b) if no form is prescribed for those particular proceedings, in form G 1 (as set out in Schedule 1).

(2) If 1 or more of the parties to the proceedings resides in a country other than New Zealand, the words “New Zealand” must appear on the front page after the location of the Court where the proceedings have been filed.

(3) If the document being filed is not a document required to be filed to make an application, initials of a person may be used on the front page instead of first or given names of the person.

(4) The following documents need not have a front page:

• (a) a document tendered in evidence, a certificate, or a report:

• (b) form G 7 (information sheet to accompany certain applications (including certain applications made without notice)):

• (c) form CYPF 4 (information sheet to accompany applications under Children, Young Persons, and Their Families Act 1989):

• (d) form DV 6 (information for police if application made for protection order):

• (e) form FP 1 (request for counselling in respect of marriage, civil union, or de facto relationship):

• (f) form PPPR 14 (information sheet to accompany applications under Protection of Personal and Property Rights Act 1988).

(5) This rule is subject to directions of the Court to the contrary (for example, a direction that the address of an applicant or respondent be omitted).

(1) A document (other than a document specified in subclause (4)) to be issued by a Court or Registrar must have a heading—

• (a) in the form prescribed for those particular proceedings, as set out in Schedules 2 to 9; or

• (b) if no form is prescribed for those particular proceedings, in form G 2 (as set out in Schedule 1).

(2) If 1 or more of the parties to the proceedings resides in a country other than New Zealand, the words “New Zealand” must appear on the heading after the location of the Court where the proceedings have been filed.

(3) If the heading does not require first or given names, addresses, or occupations to be used, to distinguish between 2 or more persons,—

• (a) initials may be used; and

• (b) addresses and occupations may be omitted.

(4) The following documents need not have a heading:

• (a) form FP 2 (notice to respondent of reference to counselling):

• (b) form FP 4 (report of counsellor).

(5) This rule is subject to directions of the Court to the contrary.

If a document is the first document filed by, or on behalf of, a party in any particular proceedings or intended proceedings, the front page required by rule 72 to be with the document must also comply with the requirements of rule 82.

(1) To be filed in a Court, a document must be—

• (a) presented for filing at the office of the Court—

  • (i) by, or on behalf of, the party seeking to file it; and

  • (ii) with the applicable fee (if any); and

• (b) accepted for filing by the Registrar.

(2) Nothing in this rule limits rule 28 or any special rule in Part 5 about the proper Court for applications under a family law Act.

(1) A party (or a party's agent or employee) may present a document for filing at a Court by—

• (a) going in person to the Court office and—

  • (i) giving the Registrar the document, together with the number of copies of the document (if any) that are required for service and any fee payable for filing the document; and

  • (ii) asking the Registrar to accept the document for filing; or

• (b) sending to the Court office by prepaid post—

  • (i) the document, together with any copies of the document and any fee that the party (or agent or employee) would have been required to give the Registrar under paragraph (a)(i) if the party (or agent or employee) had gone in person to the office of the Court; and

  • (ii) the amount of any money to be paid or tendered to any party or witness.

(2) Nothing in this rule limits rule 83 or rule 94.

A Registrar may amend an application form before it is served if, before it is served, the Registrar receives from the applicant a written request to amend it.

(1) The Court may, on its own initiative or on an interlocutory application for the purpose, at any stage of the proceedings,—

• (a) amend a defect or error in a document in the proceedings, whether or not the defect or error is that of the party applying to amend:

• (b) amend the name, address, or occupation of a party to the proceedings as set out in a document in the proceedings:

• (c) make any other amendments to a document in the proceedings that may be necessary for the purpose of ensuring that the real question in dispute between the parties is determined.

(2) If an amendment is made to documents in proceedings under subclause (1), the proceedings continue as if they had been commenced with the documents in the form in which they appear after the amendment has been made.

(1) An applicant may file and serve an amended application form, and a respondent may file and serve an amended notice of defence,—

• (a) without the leave of the Court, at any time before the application has been set down for hearing; or

• (b) with the leave of the Court, at any time after the application has been set down for hearing or if no hearing is required.

(2) When an application form or a notice of defence is amended, the Court may, at the hearing, adjourn the hearing for a time and on any terms the Court considers just.

(3) This rule, so far as applicable and with all necessary modifications, applies to a notice of intention to appear.

(1) A party need not have a lawyer to act for the party in proceedings.

(2) This rule is subject to enactments that permit or require a Court or Registrar to appoint a lawyer for a party, for example,—

• (a) section 159 of the Children, Young Persons, and Their Families Act 1989:

• (b) section 81 of the Domestic Violence Act 1995:

• (c) section 162 of the Family Proceedings Act 1980:

• (d) section 7 of the Care of Children Act 2004:

• (e) rule 95(4)(a).

(1) A lawyer must not act for a party if the lawyer, or another lawyer in partnership with the lawyer,—

• (a) is a party to the proceedings and has an interest in the subject matter of the proceedings that differs from the party's interest; or

• (b) is acting for another party to the proceedings who has an interest in the subject matter of the proceedings that differs from the party's interest.

(2) However, a party may seek the leave of the Court to engage to act for the party a lawyer of the kind referred to in subclause (1).

(1) If a document is the first document filed by, or on behalf of, a party, in any particular proceedings or intended proceedings, there must, at the end of any front page required by rule 72 to be with the document, be a memorandum in form G 4 stating—

• (a) that the document is filed by the party or the party's lawyer; and

• (b) if the document is filed by the party's lawyer,—

  • (i) the name of the lawyer; and

  • (ii) if the lawyer is a member of a firm or practises under the name of a firm, the name of the firm; and

• (c) if the document is filed by a lawyer who has another lawyer acting as his or her agent in the proceedings,—

  • (i) the name of the agent, or of his or her firm (if any); or

  • (ii) the postal address of the party's lawyer; and

• (d) an address for service; and

• (e) if the document is filed by a lawyer, any Post Office box address, document exchange number, or fax number where the lawyer will accept service of documents during the proceedings.

(2) The lawyer whose name is stated in the memorandum must, for the purposes of these rules, be treated as the lawyer on the record for that party.

(3) Nothing in subclause (2) limits rule 87.

A lawyer must not file a document on behalf of a party unless—

• (a) the lawyer is in practice on his or her own account or as a principal in a firm of lawyers; or

• (b) the lawyer is a Crown Counsel employed at the Crown Law Office; or

• (c) the party is a corporation and the lawyer is employed by that party as its principal legal adviser, or is a lawyer of the kind described in paragraph (a) or paragraph (b); or

• (d) the party is a department (as defined in section 2(1) of the Public Finance Act 1989) and the lawyer is employed by that party as its Office Solicitor or principal legal adviser or as a lawyer under the control and direction of its Office Solicitor or principal legal adviser, or is a lawyer of the kind described in paragraph (a) or paragraph (b); or

• (e) the party is Public Trust and the lawyer is employed by that party as its office solicitor (as defined in section 4 of the Public Trust Act 2001), or is a lawyer of the kind described in paragraph (a) or paragraph (b).

A lawyer who files a document or has another person file a document for the lawyer must be treated as having warranted to the Court and all parties to the proceedings that the lawyer is authorised to file the document by, or on behalf of, the party on whose behalf the document was filed.

Unless the party's personal signature is expressly required, a document required by these rules to be signed by a party may be signed on behalf of the party by the lawyer acting for the party.

(1) A lawyer who is a party to proceedings and acts in person is entitled to lawyers' costs.

(2) This rule is subject to rule 207(a).

(1) A party must file and serve on every other party to the proceedings a notice of change of representation if—

• (a) the party has acted in person and appoints a lawyer to act for that party; or

• (b) the party wishes to change that party's lawyer; or

• (c) the party for whom a lawyer has acted wishes to act in person.

(2) If the party's address for service after the change of representation will be different from that which applied before the change, the party must also serve a copy of the notice at the address that was, immediately before the change, the party's address for service.

(3) The notice—

• (a) must be signed by the party personally or by the party's attorney; and

• (b) in the case of a notice under subclause (1)(a) or (b), must contain the information about the new lawyer required by rule 82(1)(b) to (e); and

• (c) in the case of a party referred to in subclause (1)(c), must state that the party's intention is to act in person.

(4) For the purposes of the proceedings, the change of representation takes effect on the filing of an affidavit proving compliance with subclause (1) and exhibiting and verifying a copy of the notice served.

(5) Form G 3 may be used for a notice under this rule.

(1) If a party engages a lawyer to act for the party in proceedings, the lawyer must continue to act for the party until—

• (a) the party engages a new lawyer to act for the party under rule 87; or

• (b) the party decides to act in person under rule 87; or

• (c) a Court, by an order made on an interlocutory application for the purpose by the lawyer, declares that the lawyer is no longer acting for the party.

(2) An application under subclause (1)(c) must—

• (a) be accompanied by an affidavit setting out the grounds for the application; and

• (b) be served (with a copy of that affidavit) on the party for whom the lawyer acted unless the Court directs otherwise.

(3) The notice of the application served on the party for whom the lawyer acted must inform the party of the effect that rule 121 will have if the order is made.

(4) An order made under this rule—

• (a) does not take effect until the lawyer has served a copy of it on every party to the proceedings and filed an affidavit proving that service; and

• (b) does not affect the rights of the lawyer and the party for whom the lawyer acted as between themselves.

(1) In this rule, and rules 91 and 96 to 98, taking part in proceedings includes commencing or defending proceedings.

(2) A person must not take part in proceedings in his or her own name, but must take part in proceedings through a representative if the person is—

• (a) a minor; or

• (b) [Revoked]

• (c) a person who a Court, on its own initiative or on an interlocutory application with or without notice for the purpose, orders is a person who needs a representative.

(2A) An incapacitated person must have a litigation guardian as his or her representative in any proceeding, unless the Court orders otherwise.

(2B) If a person becomes an incapacitated person during a proceeding, a party must not take any step in the proceeding without the permission of the Court until the incapacitated person has a litigation guardian.

(3) A person must not take part in proceedings in his or her own name, but must take part in proceedings through a manager if—

• (a) a manager has been appointed for the person by a property order made under section 31 of the Protection of Personal and Property Rights Act 1988 and—

  • (i) the order empowers the manager to take part in the proceedings; and

  • (ii) the proceedings relate to property of the person that is property subject to the property order; or

• (b) a trustee corporation is acting as a manager for the person under an application under section 32 or section 33 of the Protection of Personal Property Rights Act 1988 and—

  • (i) the application empowers the trustee corporation to take part in the proceedings; and

  • (ii) the proceedings relate to property of the person that is property being managed by the trustee corporation under the application.

(4) Subclause (2) is subject to the following sections and to every other enactment or rule of law that authorises a person referred to in subclause (2) to take part in proceedings without a representative:

• (a) section 225 of the Child Support Act 1991:

• (b) section 50 of the District Courts Act 1947:

• (c) sections 9(4), 10(3), 71, and 72(2) of the Domestic Violence Act 1995:

• (d) section 158 of the Family Proceedings Act 1980:

• (e) section 31(2)(e) of the Care of Children Act 2004:

• (f) section 52 of the Property (Relationships) Act 1976.

(5) Nothing in this rule limits or affects—

• (a) any power to appoint a lawyer for a party; or

• (b) any requirement that a lawyer be appointed for a party.

(1) The Court or Registrar may appoint a person as a litigation guardian to a minor who is a party in proceedings or intended proceedings if an interlocutory application for the purpose has been made, with or without notice,—

• (a) by the proposed litigation guardian; or

• (b) by the party or intended party to the proceedings.

(2) The Court or a Registrar may appoint a person as a litigation guardian to a person to whom section 11 of the Domestic Violence Act 1995 applies (that is, a person lacking capacity, and includes a person to whom that section applies by virtue of section 22(6) or section 48 or section 73 or section 92 of that Act) if an interlocutory application for the purpose has been made with or without notice, in form DV 7,—

• (a) by the proposed guardian; or

• (b) by a party to the proceedings; or

• (c) with the leave of the Court, any other person.

(3) The Court or Registrar may only appoint a person as the litigation guardian to a minor under subclause (1) or to a person lacking capacity under subclause (2) if, in the case of a minor, no next friend is acting for the party and, in either case, the person to be appointed—

• (a) consents in writing to the appointment; and

• (b) is not unable to perform the functions of the office; and

• (c) is unlikely to have any interests in the subject matter of the proceedings that conflict with the party's interests in the subject matter of the proceedings.

(3A) The Court or a Registrar may appoint a litigation guardian for a person if the Court or Registrar is satisfied that—

• (a) the person for whom the litigation guardian is to be appointed—

  • (i) is an incapacitated person; and

  • (ii) does not have a litigation guardian; and

• (b) the litigation guardian—

  • (i) is able fairly and competently to conduct proceedings on behalf of the incapacitated person; and

  • (ii) does not have interests adverse to those of the incapacitated person; and

  • (iii) consents to being a litigation guardian.

(3B) In deciding whether to appoint a litigation guardian under subclause (3A), the Court or Registrar may have regard to any matters the Court or Registrar considers appropriate, including the views of the person for whom the litigation guardian is to be appointed.

(3C) The Court or a Registrar may appoint a litigation guardian under subclause (3A) at any time—

• (a) on the Court's or Registrar's own initiative; or

• (b) on the application of any person, including a person seeking to be appointed as litigation guardian.

(4) A person must be treated as appointed as the next friend to a minor if the person has filed in the Court—

• (a) an affidavit showing that he or she is not unable to perform the functions of the office and that there is unlikely to be any conflict between his or her interests in the subject matter of the proceedings and the minor's interests in the subject matter of the proceedings; and

• (b) an undertaking to be responsible for any costs awarded in the proceedings against the minor.

(5) A person appointed as a guardian ad litem to a person under section 10(1)(i) of the Protection of Personal and Property Rights Act 1988 must file in the Court a copy of the order appointing him or her in that capacity unless rule 92 applies.

(1) A manager who is empowered to do so by a property order made under section 31 of the Protection of Personal and Property Rights Act 1988, or an application made under section 32 or section 33 of that Act, may take part in proceedings relating to property of a party that is property subject to the order or application, but, before doing so, the manager must file in the Court a copy of the order or application unless rule 92 applies.

(2) If the order or application does not empower the manager to take part in proceedings relating to property of a party that is property subject to the order or application, the party may take part in the proceedings of that kind in his or her own name unless a person is appointed as the party's representative under rule 90.

(3) If a party to proceedings relating to property has a representative appointed under rule 90 but becomes the subject of a property order under section 31 of the Protection of Personal and Property Rights Act 1988 relating to the property, or an application made under section 32 or section 33 of that Act relating to the property, and the manager is empowered by the order or application to take part in the proceedings for the party,—

• (a) the party's manager must take part in the proceedings; and

• (b) the representative's appointment is terminated.

(4) This rule is subject to section 223 of the Child Support Act 1991.

If, for the purpose of particular proceedings in a District Court, a Family Court makes an order under section 10(1)(i) of the Protection of Personal and Property Rights Act 1988 appointing a guardian ad litem to, or a manager for, a person,—

• (a) the Registrar of the Family Court must send a copy of that order to the Registrar of the District Court in which the proceedings are to be, or have been, commenced; and

• (b) the guardian ad litem or manager need not comply with the duty under rule 90(5) or rule 91(1) to file a copy of the order.

(1) A document or affidavit intended for use in proceedings and required to be signed or sworn by a party may be signed or sworn by the party's representative or manager unless the Court or a Registrar directs otherwise.

(2) An affidavit of a party who is 16 years old or older and not an incapacitated person must be made by the party and not by the party's representative.

(3) Subclause (2) overrides subclause (1).

If an application is made by an applicant in a representative capacity, the application must include a statement that specifies the representative capacity in which the applicant is acting.

(1) Except as provided in subclauses (2) and (3), a representative is responsible for—

• (a) costs awarded against the party he or she represents; and

• (b) costs (including solicitor and client costs) paid or incurred by the representative while acting as a representative.

(2) The Court or the Registrar may, on the appointment of a representative under rule 90(1) or (2) or section 12 of the Domestic Violence Act 1995, order that the representative not be responsible for any costs awarded against the party he or she represents.

(3) A representative may, by an interlocutory application, apply to the Court for an order that the representative—

• (a) not be responsible for any costs awarded against the party he or she represents; or

• (b) recover costs paid or incurred by him or her while acting as a representative (including solicitor and client costs),—

  • (i) if the party is an incapacitated person, from the party's property; or

  • (ii) if the party is a minor, from the party's estate.

(4) In proceedings to decide whether an order under subclause (3) should be made, the party may be represented by—

• (a) a lawyer appointed by the Court; or

• (b) in the case of a person for whom a manager has been appointed, a manager.

(1) A manager who in his or her capacity as the manager of the whole, or part of, a party's property has represented the party—

• (a) is not personally responsible for costs awarded against the party; and

• (b) may recover, from the party's property, costs (including solicitor and client costs) paid or incurred by him or her while acting as a manager.

(2) Subclause (1)(b) does not apply when a manager has acted in bad faith or without reasonable care in taking part in the proceedings for which the costs have been awarded or incurred.

(1) A representative may retire only with the leave of the Court.

(2) A representative who retires must, if an opposite party requires, give security for some or all of the costs incurred by the party represented by the representative unless the Court orders otherwise.

(3) A Court that considers it appropriate to do so may order that a person be removed as a party's representative.

(4) A Court that makes an order under subclause (3) may also order that the representative give to the party represented by the representative, or to an opposite party, security for some or all of the costs already incurred in the proceedings.

(5) If a party's representative in proceedings dies, retires, or is removed, and rule 98 does not apply to the party, no further steps may be taken in the proceedings until another person has been appointed as—

• (a) the party's representative in the proceedings under rule 90; or

• (b) a manager.

(6) In the case of a person appointed as a representative under section 12 of the Domestic Violence Act 1995, subclause (5) is subject to section 12(5) of that Act.

(1) This rule applies to the following parties for whom a representative or manager has been appointed or is acting:

• (a) a person who was a minor but who has turned 20 years of age:

• (b) a minor taking part in proceedings under the Domestic Violence Act 1995 if the minor marries or enters into a civil union or turns 17 years of age:

• (c) a person for whom a representative is appointed under rule 90(2) or section 12 of the Domestic Violence Act 1995 if the person ceases to be a person to whom section 11 or section 12 of that Act applies:

• (d) a person who has been an incapacitated person if the person is no longer incapacitated:

• (e) a person who, under the Protection of Personal and Property Rights Act 1988, has a manager empowered to take part in the proceedings for the person if, under section 34 of that Act,—

  • (i) the person ceases to be subject to a property order; or

  • (ii) the manager ceases to have power to take part in the proceedings for the person.

(2) If this rule applies to a party,—

• (a) any further steps in the proceedings must be taken by the party and not by the party's representative or manager; and

• (b) the party becomes responsible for all the costs associated with the proceedings (including solicitor and client costs) as if the party had been responsible for the costs when the proceedings began.

(3) In the case of a person of the kind specified in subclause (1)(c), subclause (2)(a) is subject to section 12(5) of the Domestic Violence Act 1995.

(1) Notices required by a family law Act or by these rules to be given or served must be in writing unless—

• (a) the Act or these rules provide otherwise; or

• (b) the Court in a particular case directs otherwise.

(2) If an application is made for an order or direction relative to the service of an application on a respondent, the Court or Judge or Registrar hearing the application for the order or direction—

• (a) may require any further information or matter to be stated in the notice to the respondent; and

• (b) may impose any conditions that seem proper to the Court or Judge or Registrar in the circumstances of the particular case.

Unless an Act or another of these rules requires otherwise, a Registrar who is required to give a person (whether or not a party) a notice may give it,—

• (a) if a lawyer is acting for that person, by sending it by ordinary post addressed to the lawyer at the lawyer's address for service (if given) or place of business:

• (b) if there is no lawyer acting for the person, by sending it by ordinary post addressed to that person at that person's address for service (if given) or the person's last known or usual residential or business address in New Zealand:

• (c) in any other manner the Court directs.

(1) If no other person is required to do so by an Act or these rules, the Registrar must serve, or cause to be served, without delay, the following documents:

• (a) the documents issued for service under rule 32(2)(c):

• (b) any summons issued under a family law Act or these rules:

• (c) any order or declaration or direction given or made under a family law Act or these rules (for example, an order made on an interlocutory application) (see rule 206):

• (d) any judgment (as defined in rule 196) given under a family law Act or these rules:

• (e) any notice required to be served under a family law Act or these rules:

• (f) any other document required to be served under a family law Act or these rules, or that the Judge directs must be served.

(2) The Registrar may serve, or cause to be served, any other document he or she considers should be served.

(3) However, the Registrar is not obliged by subclause (1)(a) to serve or cause to be served any documents issued for service under rule 32(2)(c) in relation to an application under Part IV of the Family Proceedings Act 1980.

(1) A document required by a family law Act or these rules to be served on a person in a particular manner must be served on the person in that manner, regardless of rules 105 to 125.

(2) A document not required by a family law Act or these rules to be served on a person in a particular manner may be served on the person—

• (a) by personal service on the person (see rules 105 to 113); or

• (b) by service on a lawyer on behalf of the person (see rule 114); or

• (c) by service at the person's address for service (see rules 115 to 121); or

• (d) by service on the person in the manner specified in an agreement (see rule 122); or

• (e) if a representative or manager has been appointed or is acting for the person, by service on the person's representative or manager (see rule 123); or

• (f) if the person to be served is an incapacitated person, by service in the manner directed by the Court or a Registrar (see rule 124); or

• (g) by service in a manner and at a place the Court or Registrar directs.

(3) If all reasonable efforts have been made to serve documents in a manner required or (as the case requires) a manner permitted by these rules, but the documents have not been served in that manner, in certain circumstances the Court or a Registrar may, under rule 126, make an order for substituted service (that is, an order dispensing with, or changing, the service required by these rules).

Service of a true copy of a document is taken to be service of the document unless a family law Act or any of these rules expressly requires an original document to be served.

A document must not be served on a Sunday, Christmas Day, New Year's Day, Good Friday, or Anzac Day unless—

• (a) it is a witness summons; or

• (b) it is an interlocutory injunction; or

• (c) it is an interim order; or

• (d) it is a protection order under the Domestic Violence Act 1995; or

• (e) it is an order or warrant to prevent the removal of a child or young person from New Zealand (for example, an order made or issued—

  • (i) under section 205 of the Children, Young Persons, and Their Families Act 1989; or

  • (ii) under section 77, or under sections 77 and 118, of the Care of Children Act 2004); or

• (f) service of it is authorised under rule 419(4) (sittings when Court office closed).

(1) The following must be served by personal service on the person to be served:

• (a) an application under any of the following family law Acts:

  • (i) Domestic Violence Act 1995:

  • (ii) Family Proceedings Act 1980:

  • (iii) Care of Children Act 2004:

• (b) a summons issued under any of these rules or a family law Act referred to in paragraph (a).

(2) This rule does not limit any requirement in any other of these rules or a family law Act that a document be served by personal service on the person to be served.

(1) A document that must be served personally may be served by—

• (a) a Registrar or a bailiff:

• (b) a member of the police, if no bailiff is available or if the Court or Registrar directs:

• (c) a party's lawyer or an agent of a party's lawyer:

• (d) a party's agent, delegate for the purpose, or employee:

• (e) the Commissioner of Inland Revenue or some other person authorised by that Commissioner, if that Commissioner is a party:

• (f) a Social Worker, if the proceedings are under the Children, Young Persons, and Their Families Act 1989 and the document relates to those proceedings.

(2) Except where service is effected by a person referred to in subclause (1)(e) or (f), no party or representative of a party may effect personal service, but the party or representative may be present when the service is effected.

(3) In proceedings under the Protection of Personal and Property Rights Act 1988, personal service by a lawyer employed by a trustee corporation which is a party to the proceedings is not, for the purposes of subclause (2), to be regarded as personal service by that party.

(4) If a Social Worker or the chief executive (as defined in subclause (5)) is a party to the proceedings, personal service by an employee of the Department (as so defined) is not, for the purposes of subclause (2), to be regarded as personal service by the Social Worker or the chief executive.

(5) In this subclause and subclause (4),—

(1) Personal service of a document may be effected by leaving the document with the person to be served or, if that person does not accept it, by putting it down in that person's presence and bringing it to that person's attention.

(2) In proceedings under the Children, Young Persons, and Their Families Act 1989, personal service of a document may also be effected by leaving it for the person to be served at that person's place of residence with any person—

• (a) who is normally resident with the person to be served at that place; and

• (b) who appears to be over the age of 18 years.

(3) Personal service of a document on a person on whose behalf proceedings have been brought by a representative by virtue of section 11 of the Domestic Violence Act 1995 must be effected by serving the document, in accordance with these rules,—

• (a) on that person's representative appointed under rule 90(2); or

• (b) if there is no such representative for the time being, on any adult person with whom the party resides or in whose care he or she is.

(4) Personal service on a person in relation to whom a representative is appointed under section 12 of the Domestic Violence Act 1995 must be effected by serving the document, in accordance with these rules, on the representative.

(5) Nothing in subclause (3) or subclause (4) limits rule 123.

(1) If a person and his or her spouse, civil union partner, or de facto partner are both parties to proceedings, personal service on the person is not personal service on the person's spouse, civil union partner, or de facto partner unless the Court so orders on its own initiative or on an interlocutory application for the purpose.

(2) [Revoked]

If the person to be served is living or serving on board any vessel (including a vessel belonging to any of Her Majesty's Naval Forces), personal service must be effected by delivering the document to be served to the person on board who, at the time of service, is apparently in charge of the vessel.

If the person to be served is in any barracks, camp, or station while serving as a member of any of Her Majesty's Armed Forces, personal service must be effected by delivering the document to be served at the barracks, camp, or station to the Adjutant or to the officer for the time being in command of the unit or detachment to which the person belongs.

If the person to be served is a prisoner, personal service must be effected by delivering the document to be served to the manager or other officer apparently in charge of the prison in which the person is detained.

(1) Personal service on a minor who is not authorised by section 50 of the District Courts Act 1947 (as applied by section 16 of the Family Courts Act 1980) to commence or defend any proceedings may be effected by service in accordance with rule 107(1)—

• (a) on the minor's representative appointed under these rules; or

• (b) if no representative has been appointed under these rules, on any adult person with whom the minor resides and under whose care the minor is.

(2) If a minor is or has been married or in a civil union and is not an incapacitated person, service effected in accordance with rule 107(1) on the minor is sufficient service.

The following rules of the District Courts Rules 1992 apply, so far as applicable and with all necessary modifications, in all proceedings in a Court:

• (a) rule 223 (which relates to personal service on New Zealand corporations):

• (b) rule 224 (which relates to personal service in New Zealand on foreign corporations):

• (c) rule 225 (which relates to personal service on unincorporated societies):

• (d) rule 226 (which relates to personal service on partnerships or apparent partnerships):

• (e) rule 227 (which relates to personal service on attorneys or agents of persons out of New Zealand).

(1) Service of a document on a person may be effected by service of it on a lawyer who accepts service of it on behalf of the person.

(2) A lawyer accepts service of a document if the lawyer—

• (a) notes on a copy of the document that he or she accepts service of it on behalf of the person; and

• (b) signs the note.

(3) If a lawyer accepts service of a document on behalf of a person, the document must, unless the contrary is proved, be treated as served on the date the lawyer signed the note.

A document may be served at an address for service by leaving the document at that address between 9 am and 5 pm.

(1) A party's address for service is,—

• (a) if the party is the applicant, the address of the party on the information sheet referred to in rule 20(1)(b) (which address must also be stated on any front page required by rule 72); or

• (b) if the party is not the applicant, the address given by the party under rule 39(2); or

• (c) the address that the party has changed to under rule 117 (change of address for service); or

• (d) the address of the party's lawyer, if that address is given by the party as the party's address for service under rule 118 (service by post, document exchange, or fax if address for service is lawyer's office); or

• (e) the address referred to in rule 121 (address for service if lawyer no longer acting for party), if that rule applies to the party; or

• (f) the address given by the party under rule 122 (service under agreement); or

• (g) the address that a Judge or Registrar directs is the party's address for service under subclause (2).

(2) If a party has no address for service, the Judge or Registrar may direct that a particular address is the party's address for service.

(3) Any other person who is given or served with a document in the proceedings must give an address for service, in accordance with rule 82, on any front page required by rule 72 to be with the first document filed by, or on behalf of, the person in the proceedings.

(1) A party may change that party's address for service by—

• (a) filing a notice of the change showing the new address for service; and

• (b) serving a copy of the notice on every other party.

(2) A change of address for service may be combined with a notice under rule 87(1). A notice of change of address for service need not be filed under subclause (1)(a) if an affidavit is filed under rule 87(4).

(3) Form G 3 may be used for giving a notice under this rule.

If an address for service given by a party under these rules is the office of a lawyer acting for the party, and the lawyer has a Post Office box number, document exchange box number, or fax number, a document may be served on the party by—

• (a) posting the document to the Post Office box; or

• (b) leaving the document at a document exchange for direction to the document exchange box number; or

• (c) transmitting the document to the fax number.

(1) A document posted under rule 118(a) must, unless the contrary is proved, be treated as having been served on the earlier of—

• (a) the day on which it was received; and

• (b) the fifth working day after the day on which it was posted.

(2) A document left at a document exchange under rule 118(b) must, unless the contrary is proved, be treated as having been served on the earlier of—

• (a) the day on which it was received; and

• (b) the second working day after the day on which it was left.

(3) A document transmitted under rule 118(c)—

• (a) before 5 pm on a day must be treated as having been served on that day unless the contrary is proved:

• (b) on or after 5 pm on a day must be treated as having been served on the first working day after the day on which it was received unless the contrary is proved.

(4) A document transmitted under rule 118(c) must be treated as having been received in a complete and legible form unless—

• (a) the contrary is proved; or

• (b) the lawyer receiving the document gave in relation to the document the notice required by rule 120(b).

A lawyer to whom a document is transmitted under rule 118(c) must, promptly after receiving the document, give the person who served the document—

• (a) a notice in writing or by fax, acknowledging receipt of the document and confirming the date of service of the document; or

• (b) if the document was incomplete or illegible or both when it was received, a notice in writing or by fax, stating that the document was incomplete or illegible or both when it was received.

(1) This rule applies to a party if the lawyer who acted for the party has obtained a declaration under rule 88 that has taken effect and the party has neither—

• (a) engaged a new lawyer; nor

• (b) decided to proceed without a lawyer.

(2) The party's address for service is the last known address of the party or, if the party is a body corporate, its registered or principal office.

(3) Subclause (2) does not apply in respect of a document that must be served personally on the party.

(1) Before or after the commencement of the proceedings, a party may agree in writing with 1 or more persons required or permitted to serve a document in the proceedings on the party that the document may be served on the party (or on some other person on the party's behalf) in a manner or at a place (whether or not in New Zealand) specified in the agreement in writing.

(2) Service in accordance with the agreement is sufficient service on the party.

(1) Service on a party's representative or manager in the manner required or (as the case requires) in a manner permitted by a family law Act or any of these rules is deemed to be service on the party.

(2) In this rule, representative includes—

• (a) a person appointed by the Court to represent any person or persons or any class of persons; and

• (b) a person who, under these rules, sues or defends on behalf of himself or herself and any other person or persons.

(1) On an interlocutory application for the purpose, the Court may give directions about service of 1 or more documents on an incapacitated person.

(2) No direction under subclause (1) may override—

• (a) section 223(1) of the Child Support Act 1991:

• (b) section 156(1) of the Family Proceedings Act 1980.

(1) Service of an application on a party is not invalid just because the party is a person who, under rule 89, may take part in proceedings only through a representative or manager.

(2) However, no further step may be taken in the proceedings until a representative or manager has been appointed for the person or another order as to the representation of the person has been made.

(1) A person may, by an interlocutory application, apply for an order for substituted service if—

• (a) all reasonable efforts have been made to serve a document in a manner required or (as the case requires) in a manner permitted by these rules; and

• (b) the document has not been served in that manner; and

• (c) either—

  • (i) prompt service of the document cannot be effected; or

  • (ii) the document has come to the knowledge of the person to be served.

(2) In response to the application, the Judge may, if satisfied of the matters specified in subclause (1)(a) to (c), make an order in form G 9 for substituted service either—

• (a) dispensing altogether with the service required; or

• (b) changing in any way the service required (for example, an order permitting the document to be brought to the attention of the person to be served by advertisement (for example, in form G 10) or by some other means).

(3) In response to the application, the Registrar may, if satisfied of the matters specified in subclause (1)(a) to (c), make an order of the kind described in subclause (2)(b).

(4) If an order for substituted service does not dispense altogether with the service required, compliance with the requirements of the order—

• (a) must be treated as having had the same effect as personal service; and

• (b) is sufficient compliance with the service required by these rules.

(1) Proof that a document has been served personally on a person may be given—

• (a) by oral evidence given on oath before the Court; or

• (b) by an affidavit of service in form G 8.

(2) If the person on whom the document was served is personally known to the person who makes the affidavit of service, that affidavit must set out the circumstances that enable the deponent to state the deponent's personal knowledge of the person served.

(3) If the person served is not personally known to the person who makes the affidavit of service, the identity of the person served—

• (a) may not be proved by a mere acknowledgment by the person served; but

• (b) may be proved—

  • (i) by written acknowledgment proved to be in the handwriting of the person served; or

  • (ii) by a satisfactory photograph; or

  • (iii) by any other means to the satisfaction of the Court.

(4) If a document is served by a Registrar, bailiff, member of the police, or Social Worker, the service may be proved—

• (a) by stating that the document has been served as well as the date and mode of service—

  • (i) in an endorsement on the original document, or on a copy of it, signed by the person who served the document; or

  • (ii) in a certificate attached to the original document, or on a copy of it, signed by the person who served the document; or

• (b) in either of the ways referred to in subclause (1).

(5) If the document being served is a temporary protection order or a final protection order under the Domestic Violence Act 1995, and service is being proved in the manner specified in subclause (1)(b) or subclause (4)(a), the affidavit of service or (as the case requires) endorsement or certificate must also state the time that service took place.

Proof that a document has been served (by substituted service) through publishing an advertisement in 1 or more newspapers may be given by an affidavit in form G 11 that—

• (a) sets out the name of each newspaper in which the advertisement was published, and the respective dates of publication; and

• (b) has attached to it, as exhibits, extracts taken from the 1 or more newspapers that include the advertisement.

(1) An affidavit of service of a document need not have a copy of the document attached to it as an exhibit if—

• (a) the original or a copy of the document has, at the time of service, been filed in the Court; and

• (b) the affidavit contains a description of the document that—

  • (i) enables the document to be identified; and

  • (ii) if the document is dated, includes the date of the document.