Family Courts Rules 2002

  • This version includes a correction to rule 130(1) made under section 25(j)(iii) and 25(j)(iv) of the Legislation Act 2012.

Reprint as at 1 September 2015

Coat of Arms of New Zealand

Family Courts Rules 2002

(SR 2002/261)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 16th day of September 2002

Present:
Her Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These rules are administered by the Ministry of Justice.

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

Contents

1Title
2Commencement
3Purpose of these rules
4Overview of these rules
5Application of these rules
5ALimited application of District Courts Rules 2014
6Special rules for proceedings under certain family law Acts
7No special rules for proceedings under certain family law Acts
8Interpretation
9Words and expressions defined in Acts
10References to prescribed forms
11Requirements imposed on Registrars by rules
12Powers of Registrars under rules
13Practices must be consistent
14Directions in case of doubt
15Matters not expressly provided for in rules
16Judges may give directions to regulate court’s business
17Failure to comply with rules
18Overview of this Part
19How proceedings are commenced
20Documents to be filed to make application
21Special rules relating to affidavits
22Special rules relating to other documents
23Applications generally to be made on notice
24Applications that may be made without notice
25Two or more applications may be made together
26Documents relating to earlier proceedings
27Documents or forms for filing to comply with requirements
28Applications to be filed in proper court
29How to file documents in court
30Procedure if applications presented or accepted for filing in wrong court
31Procedure if applications presented for filing but incomplete or otherwise not in order
32Procedure if application on notice accepted for filing
33Procedure if application without notice accepted for filing
34Orders made on applications without notice
35Documents to be served if applications on notice
36Who must be served with applications on notice
37Special rules relating to service
38Service of applications under certain Acts
39Persons served with applications to give address for service
40Notice of defence or notice of intention to appear
41Time within which notice of defence, or notice of intention to appear, to be filed and served
42Non-compliance with rule 41
43Appearance under protest to jurisdiction
44Appearance for ancillary purposes
45Appearance reserving rights
46Forms for entering appearance
47Getting more information or getting admissions
48Evidence at hearing generally to be by affidavit
49Procedure when evidence given by affidavit
50Witness summons
51Witness entitled to expenses
52Conferences
52AJudge may require Registrar to fix date and time for hearing of application
52BParties may require Registrar to fix date and time for hearing of application
52CParties to give Registrar information affecting duration of hearing
52DOnly certain steps may be taken after notice of hearing date given
53Court and Chambers
54Ascertaining wishes or views of child or young person
55Procedure if some or all parties do not appear
56Judgment following non-appearance may be set aside
57Procedure if all parties appear
58What court may do at end of hearing
59Rehearings
60Rights of appeal under family law Acts
61Overview of this Part
62Forms
62AApproved forms for use in proceedings to which Part 5A applies
62ABApproved forms for use in proceedings under Domestic Violence Act 1995
63Documents to which rules 64 to 69 apply
64Paper
65Contents must be only on 1 side of paper
66Margin
67Numbers
68Division into paragraphs
69Fastening and numbering of pages
70Contents must be legible
71Signature to be original
72Front page
73Heading
74Front page must comply with requirements of rule 82
75Filing documents
76Ways documents may be presented for filing
77Amendment of application form before it is served
78Amending documents in proceedings
79Amendment of application form, or notice of defence or intention to appear
80Party need not have lawyer
81Lawyers who are, or act for, adverse parties
82Memorandum to be on front page with first document filed
83Lawyer filing documents on behalf of party
83AAuthority of certain Australian solicitors in certain trans-Tasman proceedings: District Courts Rules 2014 apply
84Lawyer’s warranty as to authorisation to file documents
85Lawyer may sign certain documents on behalf of party
86Lawyer acting in person
87Change of representation
88Court may declare that lawyer no longer acting for party
89Interpretation
90Minor must be represented by next friend or litigation guardian
90AMinor may apply to take part in proceedings without next friend or litigation guardian
90BAppointment of next friend for minor
90CAppointment of litigation guardian for minor
90DAppointment of litigation guardian for person to whom section 11 of Domestic Violence Act 1995 applies
90EIncapacitated person must be represented by litigation guardian
90FAppointment of litigation guardian for incapacitated person
90GNotification of appointment
90HPerson subject to property order must be represented by manager
91Managers under Protection of Personal and Property Rights Act 1988
92Family Courts appointing guardians ad litem or managers for proceedings in District Courts
93Representatives and managers may sign documents and swear affidavits on behalf of party
94Representative capacity
95Responsibility of representative for costs
96Responsibility of manager for costs
97Retirement, removal, or death of representative
98When further steps to be taken by party and not by representative or manager
99Notices
100Notices to be given by Registrar
101Documents to be served
102How documents to be served
103Service of copies
104Certain documents must not be served on certain non-working days
105Certain documents to be served by personal service
106Who may carry out personal service
107Personal service
108Personal service on spouse or partner
109Personal service if person to be served on ship
110Personal service on serving member of armed forces
111Personal service on prisoner
112Personal service on minors
113Personal service: District Courts Rules 2014 apply
114Service on lawyer on behalf of person
115Service at address for service
116Address for service on party or other person
117Change of address for service
118Methods of service if address for service is lawyer’s office
119When and how documents under rule 118 to be treated as served
120Lawyer must acknowledge document faxed or emailed
121Address for service if lawyer no longer acting for party
121AWhen and how documents under rule 102(2)(ca) to be treated as served
122Service under agreement
123Service on representative or manager
124Directions about service on incapacitated persons
125Service on party not invalid just because person incapable of taking part in proceedings
126Order dispensing with or changing service required
127Proof of personal service
128Proof of substituted service effected by advertisement
129Attaching copy of document to affidavit of service or certificate of service
130Service on absentee: District Courts Rules 2014 apply
131Māori and other languages: District Courts Rules 2014 apply
132Changing times by which things to be done
133Striking out and adding parties
134Change of parties: District Courts Rules 2014 apply
135When order may be made
136Application of rule 135
137Interrogatories: District Courts Rules 2014 apply
138Notice to admit facts
139Further particulars
140Order for discovery before proceedings commenced
141Order for discovery after proceedings commenced
142Contents of affidavit of documents
143Order for particular discovery against non-party after proceedings commenced
144Incorrect affidavit to be amended
145Failure to include document
146Notice to produce for inspection
147Order for production for inspection
148Costs of production by non-party
149Right to make copies
150Production of document to court
151Inspection to decide validity of claim or objection
152Admission of documents discovered
153Notice to produce documents
154Notice to admit documents
155Restricted effect of admission
156Use of affidavits
157Person refusing to make affidavit
158Form and contents of affidavit
159Exhibits to affidavits
160Affidavit in language other than English
161Alterations or additions to, or erasure from, affidavit
162Irregularity in form of affidavit
163Service copies of affidavits
164Affidavit may be sworn on any day
165Affidavits made on behalf of corporations
166Affidavits by 2 or more deponents
167Affidavit by blind, disabled, or illiterate deponent
168Authority to take affidavits
169Cross-examination of deponent
170Pre-hearing rulings on evidence
171Evidence by deposition: District Courts Rules 2014 apply
172Taking evidence outside New Zealand: District Courts Rules 2014 apply
173Interpretation
173ALeave to serve New Zealand subpoena on witness in Australia: District Courts Rules 2014 apply
173BIssue of subpoenas for service in Australia
173CService of subpoena on witness in Australia
173CAApplication to set aside New Zealand subpoena
173DFailure to comply with subpoena
173EEvidence and submissions by remote appearance medium from Australia: District Courts Rules 2014 apply
174Judge may direct that judicial conference be held
175Judicial conference: nature and purpose
175AJudicial conference: how convened
175BJudicial conference: who may attend
175CJudicial conference: adjournment
175DJudicial conference: orders and directions pending determination of application
175EJudicial conference: order determining application
176Non-compliance with orders or directions
177Order or direction at conference may be varied at hearing
178Settlement conference
179Consent order may be made at settlement conference
179ASettlement conference becomes judicial conference if issues in dispute cannot be settled
180Change of Judge after settlement conference
181Further powers of Judge to ensure proceedings dealt with speedily
182Application for interlocutory injunction
183Undertaking as to damages
184Interim injunction in relation to party’s assets
185Application for order
186Transfer of proceedings
187Transfer for hearing
188Transfers under rule 186 or rule 187
189Procedure on transfer of proceedings
190Procedure on transfer for hearing
191Transfer of proceedings to High Court
192Adjournment of hearing
193Striking out pleading
194Stay or dismissal
195Dismissal if proceedings or defence not prosecuted
195ADiscontinuance
195BCourt may set discontinuance aside
196Judgment and reasons for judgment defined
197Time and mode of giving judgment
198Judgments to be sealed and dated
199When drawing up of order unnecessary
200Duplicate judgments
201When judgment takes effect
202Time for doing act to be stated
203If deed directed to be prepared
204Clerical mistakes and slips
205Death, etc, of Judge before judgment
206Service of judgments
207Costs at discretion of court
207AEnforcement of order for costs
207BSecurity for costs: District Courts Rules 2014 apply
208Investment of funds in court
208AInspection and testing of property
208BInterim preservation, etc, of property
209Application for rehearing
210Court may order rehearing
211Evidence by affidavit on application for rehearing
212Order for rehearing
213Procedure for rehearing
214Contempt of court: District Courts Rules 2014 apply
215Overview of this Part
216Interpretation
217Consent memoranda instead of applications
218Applications generally to be made on notice
219Who must be served with copy of application on notice
220Applications that may be made without notice
221Applications to be heard and determined by Registrars
222Applications to be heard and determined by Judges
223Form of applications
224Evidence on applications
225Where to file applications
226How to file documents in court
227Registrar may transfer for hearing to another court application accepted for filing
228Procedure if applications without notice accepted for filing
229Procedure if applications on notice accepted for filing
230Notice of opposition to application on notice
230AAffidavit to be filed with notice of opposition
230BAffidavit in reply
231Where appearance at hearing of application on notice not required
232Procedure if no appearance required at hearing of application on notice
233Hearing in court or in Chambers
234Hearing of applications
235Registrar may refer application to Judge
236Judge may vary or rescind order made by Registrar
237Enforcement of orders
238Costs
239Overview of this Part
240Interpretation
241Forms
242Applicants to identify child to be adopted but not named in application for adoption order
243Social worker to ask Police about character of applicants before furnishing report
244Affidavit to be filed with, or before hearing of, application for adoption order
245Other documents to be filed with, or before hearing of, application for adoption order
246Form of consent to adoption
247If applicants’ identity not disclosed, social worker to give evidence that consent to adoption relates to applicants
248Lawyers for applicants for adoption order not to witness consents to adoption order required by Act
249Attendance of parties at hearing
250Registrar to give notice of making of interim order
251Form of application for issue of adoption order
252Adoption order
253Directions as to service of application for variation or discharge of adoption order
254Interpretation
255Forms
256Applications without notice
257Affidavits in support to be filed to make certain applications without notice
258Affidavits in support to be filed to make certain applications on notice
259Affidavit required by rule 258 to have exhibits if application is notice of appeal under certain sections of Act
260Affidavit of financial means and their sources to be filed to make application under section 116 of Act
261Filing of application if Commissioner is party to proceedings
262Copy of documents filed to make application to be sent to Commissioner in certain cases
263Notice by advertisement by order under section 224 of Act
264Notice of defence
265Affidavit to accompany notice of defence
266Further information to be filed and served before hearing
267Fixing date and time for hearing
268Respondent added as party
269Procedure on intervention
270Order of priority of warrants to seize property
271Bond by receiver
272Procedure on arrest of respondent other than in respect of offence
273Commissioner to receive copy of order made under Act
274Interpretation
275Forms
276Applications without notice
277Filing of applications
278Procedure if restraining order made without notice
279Application under section 67 of Act to be accompanied by documents on family group conference
280Service of application under section 44 of Act
281Who must be served with or given copy of certain other applications under Act
282Service on chief executive
283Service on social worker or constable
284Directions as to service
285Notice of application under section 371 or section 377 of Act
286Notice of application under section 380 of Act
287Proof of giving of notice of application under section 371 or section 377 or section 380 of Act
288Procedure if notice of certain applications under Act not given within time prescribed
289Documents filed on family group conference
290Notice of appointment of lawyer or lay advocate
291Notice of intention to appear
292Mediation conference
292AMediation conference becomes judicial conference if agreement cannot be reached
293Change of Judge after mediation conference
294Judicial conference: how convened
295Judicial conference: nature and purpose
295AJudicial conference: orders and directions pending determination of application
295BJudicial conference: order determining application
296Fixing date and time for hearing
297Pre-hearing disclosure of evidence
298Proof of service of applications
299Evidence at hearing of certain proceedings generally to be given orally
300Consent to order of court
301Proceedings not to abate
302Notice of court’s decision on application under section 371 or section 377 of Act
303Copy of orders to be sent to principal manager of office of department in relevant area
304Interpretation
305Forms
306Applications without notice
307Certain applications by respondent or associate respondent to be on notice
308Certificate of lawyer to be included in certain applications without notice
309Documents to be filed to make certain applications
310Residential address not required
311Applicant for protection order may request that residential address be kept confidential
312Filing of applications
313Registrar to fix earliest practicable date for hearing of applications on notice
314Notice of defence when application on notice
315Notice of intention to appear in relation to temporary protection order or temporary property order
316Time for service
316AInformation about respondent available from criminal court
317Temporary property orders made on application without notice
318Registrar to issue order when temporary order becomes final or is confirmed
319Notice of objection to direction to undertake assessment and attend non-violence programme
320How notice of objection to be dealt with
321Notice of result of objection
322Request by provider for variation of programme [Revoked]
323Witness summons calling respondent or associated respondent before court
324Enforcement of occupation orders and tenancy orders: District Courts Rules 2014 apply
325Enforcement of ancillary furniture orders and furniture orders: District Courts Rules 2014 apply
326Certain documents to be served with temporary protection orders and temporary property orders
327Extension of period for service
328Copies of orders to be sent to Police
329Service of certain orders to be communicated to Police
330Registration of foreign protection orders
331Notice of registration of foreign protection orders
332Notice to be given to foreign court or authority
333Interpretation
334Forms
335Applications without notice
336Affidavits in support to be filed to make certain applications without notice
336AApplications for warrants and delivery of child [Revoked]
336BNotice of intention to appear in relation to interim parenting order [Revoked]
336CNotice of intention to appear in relation to other interim orders [Revoked]
337Accompanying affidavits may be filed to make applications for order dissolving marriage or civil union
338Separation order or separation agreement
339Marriage or civil union certificate
340Filing of certain applications
341Application for separation order [Revoked]
342Restriction on service of application for separation order [Revoked]
343Report by counsellor [Revoked]
344Affidavit of financial means and their sources
345Notice of defence
346Request by respondent for appearance on application for dissolution of marriage or civil union
347Request for hearing before order dissolving marriage or civil union made
348Filing of request for appearance, or request for hearing by respondent, if application for dissolution of marriage or civil union by one party only
349Mediation conference [Revoked]
349AMediation conference becomes judicial conference if agreement cannot be reached [Revoked]
350Change of Judge after mediation conference [Revoked]
350ARequest to speak on child’s cultural background [Revoked]
351Restrictions on fixing date and time for hearing
352Fixing date and time for hearing: notice of defence filed
353Fixing date and time for hearing: no notice of defence filed
354Fixing date and time for hearing of application for declaration or order dissolving marriage or civil union
355Registrar’s list of section 37 applications (for order dissolving marriage or civil union)
356Request for hearing after order dissolving marriage or civil union made and before it takes effect as final order
357Proof of service of certain applications
358Proof of service of applications on Registrar’s list of section 37 applications
359Intervention in proceedings relating to status of marriage or civil union
360Sealing and service of order dissolving marriage or civil union: order made by Judge in defended proceedings
361Sealing and service of order dissolving marriage or civil union: order made by Judge in undefended proceedings
362Sealing and service of order dissolving marriage or civil union: order made by Registrar
362ACosts of contravention of parenting order [Revoked]
363Registration of orders made in Commonwealth or designated countries
364Notice of registration of orders made in Commonwealth or designated countries
365Order on application for confirmation of provisional order
366Payments under registered or confirmed order
367Joinder of other parent in proceedings under Family Proceedings Act
368Provisional orders for confirmation overseas
369Procedure on arrest of respondent other than in respect of an offence
370Copies of orders varying maintenance orders
371Copies of orders for Commissioner of Inland Revenue
372Enforcement of maintenance under section 259 of Child Support Act 1991
373Applications without notice
374Order of priority of warrants to seize property
375Application of rule 369
376Bond by receiver
377Interpretation
378Forms
379Naming of respondent
380Who must be served with copy of application or interlocutory application under Acts
381Information to be provided in support of application under rule 380(2)
382Order for directions as to service or for representation
383Applications without notice
384Joining in proceedings under Acts
385Joinder of claims and consolidation
386Notice of intention to appear or notice of defence
387Affidavits in support or in opposition
388Interpretation
389Forms
390Filing of applications
391Joinder of claims and consolidation
392Affidavit in support
393Notice of defence
394Who must be given notice of applications under Act
395Variation or recision of order made on application without notice
396Copies of orders varying maintenance orders
397Meaning of party A and party B in rules 398 to 404
398Affidavit of assets and liabilities to be filed and served
399Failure by applicant to file affidavit of assets and liabilities
400Filing inadequate affidavit of assets and liabilities
401Failure to attend for examination or to comply with directions
402Power to summon witness
403Execution of warrants
404Conduct of examination
405Interpretation
406Forms
407Filing of applications
408Medical or other report in support of application to be filed
409Notice of intention to appear
410Consent to appointment as welfare guardian or as manager
411Who must be served with applications under Act
412Service on persons other than parties
413Pre-hearing conference
414Change of Judge after pre-hearing conference
415Fixing date and time for hearing
416Proof of service of applications
416AApplication of Part
416BInterpretation
416COverview of proceedings
416DFlowcharts of proceedings
416EForms
416FCommencing proceedings
416GApplications to be made on notice unless application can be made without notice
416HWhen application without notice can be made
416HACertificate of lawyer to be included in applications without notice
416IWhat happens with applications filed on notice
416JWhat happens with applications filed without notice
416KNotice of response by respondent who opposes application
416LNotice by respondent wishing to protest jurisdiction
416MNotice by respondent wishing to be heard or reserve rights
416NParty requiring more information
416OWitness summons and witness expenses
416PProceedings dealt with on tracks
416QRestriction on further evidence being filed
416RWhat happens when FDR is ordered
416SStandard track
416TComplex case on standard track
416UWithout notice track
416VSimple track
416WGeneral rules about conferences
416XIssues conference
416YSettlement conference
416ZDirections conference
416ZAMemoranda filed in advance of directions conference
416ZBPre-hearing conference
416ZCCase management conference
416ZDWhat happens when Judge directs that application proceed to hearing
416ZEHearings generally
416ZFDefended hearings
416ZGSubmissions-only hearings
416ZHFormal proof hearings
416ZIRequest to speak on child’s cultural background
416ZJCosts of contravention of parenting order
417Overview of this Part
418Court offices and hours
419Sittings when court office closed
420Fee for proceedings under Adoption Act 1955 [Revoked]
421Fee for proceedings under Family Proceedings Act 1980 [Revoked]
422Fees must be prepaid on filing [Revoked]
423Fees inclusive of GST [Revoked]
424Records
425Transfer of adoption records
426Interpretation
427Access to documents and court files during first access period
428Access to documents and court files during second access period
429Application for permission to access documents or court files
429AReview of Registrars’ decisions under rule 429
430Rules 426 to 429A are subject to other provisions
431Open searching, inspection, and copying of documents or records filed or lodged more than 60 years ago [Revoked]
431AInformation requested by District Court for purposes of section 124N of Domestic Violence Act 1995
431BInformation requested by sentencing court for purposes of section 123B of Sentencing Act 2002
431CInformation requested for purpose of enforcing cost contribution orders
432Information about domestic violence proceedings available to criminal court
433Transfer of documents relating to earlier application
434Transfer of proceedings to High Court
435Transitional provision
Gazette Information
Reprint notes