New Zealand Legislation: Regulations
Regulations are laws made under Acts
Reprint as at 17 November 2011
(SR 2002/261)
Silvia Cartwright, Governor-General
At Wellington this 16th day of September 2002
Present:
Her Excellency the Governor-General in Council
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
These rules are administered by the Ministry of Justice.
Pursuant to section 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.
5A Limited application of District Courts Rules 2009
6 Special rules for proceedings under certain family law Acts
7 No special rules for proceedings under certain family law Acts
9 Words and expressions defined in Acts
10 References to prescribed forms
11 Requirements imposed on Registrars by rules
12 Powers of Registrars under rules
13 Practices must be consistent
14 Directions in case of doubt
15 Matters not expressly provided for in rules
16 Judges may give directions to regulate court's business
17 Failure to comply with rules
Part 2
General procedure in Family Courts
19 How proceedings are commenced
20 Documents to be filed to make application
21 Special rules relating to affidavits
22 Special rules relating to other documents
23 Applications generally to be made on notice
24 Applications that may be made without notice
25 Two or more applications may be made together
26 Documents relating to earlier proceedings
27 Documents or forms for filing to comply with requirements
28 Applications to be filed in proper court
How to file documents in court
29 How to file documents in court
30 Procedure if applications presented or accepted for filing in wrong court
31 Procedure if applications presented for filing but incomplete or otherwise not in order
32 Procedure if application on notice accepted for filing
33 Procedure if application without notice accepted for filing
34 Orders made on applications without notice
35 Documents to be served if applications on notice
36 Who must be served with applications on notice
37 Special rules relating to service
38 Service of applications under certain Acts
39 Persons served with applications to give address for service
40 Notice of defence or notice of intention to appear
41 Time within which notice of defence, or notice of intention to appear, to be filed and served
42 Non-compliance with rule 41
43 Appearance under protest to jurisdiction
44 Appearance for ancillary purposes
45 Appearance reserving rights
46 Forms for entering appearance
47 Getting more information or getting admissions
48 Evidence at hearing generally to be by affidavit
49 Procedure when evidence given by affidavit
51 Witness entitled to expenses
Fixing date and time for hearing of application
52A Judge may require Registrar to fix date and time for hearing of application
52B Parties may require Registrar to fix date and time for hearing of application
52C Parties to give Registrar information affecting duration of hearing
52D Only certain steps may be taken after notice of hearing date given
54 Ascertaining wishes or views of child or young person
55 Procedure if some or all parties do not appear
56 Judgment following non-appearance may be set aside
57 Procedure if all parties appear
58 What court may do at end of hearing
Rights of appeal to High Court
60 Rights of appeal under family law Acts
Part 3
Rules about particular aspects of proceedings
Shape, etc, of documents to be filed
63 Documents to which rules 64 to 69 apply
65 Contents must be only on 1 side of paper
69 Fastening and numbering of pages
74 Front page must comply with requirements of rule 82
How to file documents in court
76 Ways documents may be presented for filing
Amendment of certain documents filed
77 Amendment of application form before it is served
78 Amending documents in proceedings
79 Amendment of application form, or notice of defence or intention to appear
81 Lawyers who are, or act for, adverse parties
82 Memorandum to be on front page with first document filed
83 Lawyer filing documents on behalf of party
84 Lawyer's warranty as to authorisation to file documents
85 Lawyer may sign certain documents on behalf of party
88 Court may declare that lawyer no longer acting for party
89 Persons who may start, take part in, or defend proceedings only through representatives or managers
90 Appointment of representatives
91 Managers under Protection of Personal and Property Rights Act 1988
92 Family Courts appointing guardians ad litem or managers for proceedings in District Courts
93 Representatives and managers may sign documents and swear affidavits on behalf of party
95 Responsibility of representative for costs
96 Responsibility of manager for costs
97 Retirement, removal, or death of representative
98 When further steps to be taken by party and not by representative or manager
100 Notices to be given by Registrar
Service: Documents to be served
Service: How documents to be served
102 How documents to be served
Service: On days that are not working days
104 Certain documents must not be served on certain non-working days
105 Certain documents to be served by personal service
106 Who may carry out personal service
108 Personal service on spouse or partner
109 Personal service if person to be served on ship
110 Personal service on serving member of armed forces
111 Personal service on prisoner
112 Personal service on minors
113 Personal service: District Courts Rules 2009 apply
Service: Lawyer may accept service on behalf of person
114 Service on lawyer on behalf of person
Service: At address for service
115 Service at address for service
116 Address for service on party or other person
117 Change of address for service
Service: If address for service is lawyer's office
118 Methods of service if address for service is lawyer's office
119 When and how documents under rule 118 to be treated as served
120 Lawyer must acknowledge document faxed or emailed
121 Address for service if lawyer no longer acting for party
Service: In manner specified in agreement
Service: On representatives, managers, and incapacitated persons
123 Service on representative or manager
124 Directions about service on incapacitated persons
125 Service on party not invalid just because person incapable of taking part in proceedings
126 Order dispensing with or changing service required
128 Proof of substituted service effected by advertisement
129 Attaching copy of document to affidavit of service or certificate of service
Service: On party out of New Zealand
130 Service on absentee: District Courts Rules 2009 apply
Use of Māori language, translations, and sign language
131 Māori and other languages: District Court Rules 2009 apply
Changing times by which rules or orders require things to be done
132 Changing times by which things to be done
Striking out and adding parties
133 Striking out and adding parties
Change of parties by death, etc
134 Change of parties: District Courts Rules 2009 apply
Getting more information and admissions
137 Interrogatories: District Courts Rules 2009 apply
Discovery and inspection of documents
140 Order for discovery before proceedings commenced
141 Order for discovery after proceedings commenced
142 Contents of affidavit of documents
143 Order for particular discovery against non-party after proceedings commenced
144 Incorrect affidavit to be amended
145 Failure to include document
146 Notice to produce for inspection
147 Order for production for inspection
148 Costs of production by non-party
150 Production of document to court
151 Inspection to decide validity of claim or objection
152 Admission of documents discovered
153 Notice to produce documents
155 Restricted effect of admission
Procedure when evidence given by affidavit
157 Person refusing to make affidavit
158 Form and contents of affidavit
160 Affidavit in language other than English
161 Alterations or additions to, or erasure from, affidavit
162 Irregularity in form of affidavit
163 Service copies of affidavits
164 Affidavit may be sworn on any day
165 Affidavits made on behalf of corporations
166 Affidavits by 2 or more deponents
167 Affidavit by blind, disabled, or illiterate deponent
168 Authority to take affidavits
169 Cross-examination of deponent
170 Pre-hearing rulings on evidence
171 Evidence by deposition: District Courts Rules 2009 apply
172 Taking evidence outside New Zealand: District Courts Rules 2009 apply
173A Leave to serve New Zealand subpoena on witness in Australia
173B Issue of subpoenas for service in Australia
173C Service of subpoena on witness in Australia
173D Failure to comply with subpoena
173E Evidence and submissions by video link and telephone conference: District Courts Rules 2009 apply
174 Judge may direct that judicial conference be held
175 Judicial conference: nature and purpose
175A Judicial conference: how convened
175B Judicial conference: who may attend
175C Judicial conference: adjournment
175D Judicial conference: orders and directions pending determination of application
175E Judicial conference: order determining application
176 Non-compliance with orders or directions
177 Order or direction at conference may be varied at hearing
179 Consent order may be made at settlement conference
179A Settlement conference becomes judicial conference if issues in dispute cannot be settled
180 Change of Judge after settlement conference
181 Further powers of Judge to ensure proceedings dealt with speedily
182 Application for interlocutory injunction
184 Interim injunction in relation to party's assets
Transfer of proceedings and transfer for hearing
188 Transfers under rule 186 or rule 187
189 Procedure on transfer of proceedings
190 Procedure on transfer for hearing
191 Transfer of proceedings to High Court
195 Dismissal if proceedings or defence not prosecuted
196 Judgment and reasons for judgment defined
197 Time and mode of giving judgment
198 Judgments to be sealed and dated
199 When drawing up of order unnecessary
201 When judgment takes effect
202 Time for doing act to be stated
203 If deed directed to be prepared
204 Clerical mistakes and slips
205 Death, etc, of Judge before judgment
207 Costs at discretion of court
207A Enforcement of order for costs
207B Security for costs: District Courts Rules 2009 apply
208A Inspection and testing of property
Interim preservation, etc, of property
208B Interim preservation, etc, of property
211 Evidence by affidavit on application for rehearing
214 Contempt of court: District Courts Rules 2009 apply
Consent memoranda instead of interlocutory applications
217 Consent memoranda instead of applications
Interlocutory applications on notice or without notice
218 Applications generally to be made on notice
219 Who must be served with copy of application on notice
220 Applications that may be made without notice
Who interlocutory applications to be heard and determined by
221 Applications to be heard and determined by Registrars
222 Applications to be heard and determined by Judges
Form of interlocutory applications
Evidence on interlocutory applications
Where to file interlocutory applications
225 Where to file applications
226 How to file documents in court
227 Registrar may transfer for hearing to another court application accepted for filing
Procedure for interlocutory applications without notice
228 Procedure if applications without notice accepted for filing
Procedure for interlocutory applications on notice
229 Procedure if applications on notice accepted for filing
230 Notice of opposition to application on notice
230A Affidavit to be filed with notice of opposition
231 Where appearance at hearing of application on notice not required
232 Procedure if no appearance required at hearing of application on notice
Hearing of interlocutory applications
233 Hearing in court or in Chambers
235 Registrar may refer application to Judge
Registrar's order on interlocutory application may be varied or rescinded
236 Judge may vary or rescind order made by Registrar
Enforcement of orders made on interlocutory applications
Costs of interlocutory applications
Part 5
Special rules for proceedings under certain family law Acts
242 Applicants to identify child to be adopted but not named in application for adoption order
243 Social worker to ask Police about character of applicants before furnishing report
244 Affidavit to be filed with, or before hearing of, application for adoption order
245 Other documents to be filed with, or before hearing of, application for adoption order
246 Form of consent to adoption
247 If applicants' identity not disclosed, social worker to give evidence that consent to adoption relates to applicants
248 Lawyers for applicants for adoption order not to witness consents to adoption order required by Act
249 Attendance of parties at hearing
250 Registrar to give notice of making of interim order
251 Form of application for issue of adoption order
253 Directions as to service of application for variation or discharge of adoption order
256 Applications without notice
257 Affidavits in support to be filed to make certain applications without notice
258 Affidavits in support to be filed to make certain applications on notice
259 Affidavit required by rule 258 to have exhibits if application is notice of appeal under certain sections of Act
260 Affidavit of financial means and their sources to be filed to make application under section 116 of Act
261 Filing of application if Commissioner is party to proceedings
262 Copy of documents filed to make application to be sent to Commissioner in certain cases
263 Notice by advertisement by order under section 224 of Act
265 Affidavit to accompany notice of defence
266 Further information to be filed and served before hearing
267 Fixing date and time for hearing
270 Order of priority of distress warrants
272 Procedure on arrest of respondent other than in respect of offence
273 Commissioner to receive copy of order made under Act
Children, Young Persons, and Their Families Act 1989
276 Applications without notice
278 Procedure if restraining order made without notice
279 Application under section 67 of Act to be accompanied by documents on family group conference
280 Service of application under section 44 of Act
281 Who must be served with or given copy of certain other applications under Act
282 Service on chief executive
283 Service on social worker or constable
285 Notice of application under section 371 or section 377 of Act
286 Notice of application under section 380 of Act
287 Proof of giving of notice of application under section 371 or section 377 or section 380 of Act
288 Procedure if notice of certain applications under Act not given within time prescribed
289 Documents filed on family group conference
290 Notice of appointment of lawyer or lay advocate
291 Notice of intention to appear
292A Mediation conference becomes judicial conference if agreement cannot be reached
293 Change of Judge after mediation conference
294 Judicial conference: how convened
295 Judicial conference: nature and purpose
295A Judicial conference: orders and directions pending determination of application
295B Judicial conference: order determining application
296 Fixing date and time for hearing
297 Pre-hearing disclosure of evidence
298 Proof of service of applications
299 Evidence at hearing of certain proceedings generally to be given orally
302 Notice of court's decision on application under section 371 or section 377 of Act
303 Copy of orders to be sent to principal manager of office of department in relevant area
306 Applications without notice
307 Certain applications by respondent or associate respondent to be on notice
308 Certificate of lawyer to be included in certain applications without notice
309 Documents to be filed to make certain applications
310 Residential address not required
311 Applicant for protection order may request that residential address be kept confidential
313 Registrar to fix earliest practicable date for hearing of applications on notice
314 Notice of defence when application on notice
315 Notice of intention to appear in relation to temporary protection order or temporary property order
317 Temporary property orders made on application without notice
318 Registrar to issue order when temporary order becomes final or is confirmed
319 Notice of objection to direction to attend programme
320 How notice of objection to be dealt with
321 Notice of result of objection
322 Request by provider for variation of programme
323 Witness summons calling respondent or associated respondent before court
324 Enforcement of occupation orders and tenancy orders: District Courts Rules 2009 apply
325 Enforcement of ancillary furniture orders and furniture orders: District Courts Rules 2009 apply
326 Certain documents to be served with temporary protection orders and temporary property orders
327 Extension of period for service
328 Copies of orders to be sent to Police
329 Service of certain orders to be communicated to Police
330 Registration of foreign protection orders
331 Notice of registration of foreign protection orders
332 Notice to be given to foreign court or authority
Family Proceedings Act 1980 and Care of Children Act 2004
335 Applications without notice
336 Affidavits in support to be filed to make certain applications without notice
336A Applications for warrants and delivery of child
336B Notice of intention to appear in relation to interim parenting order
336C Notice of intention to appear in relation to other interim orders
337 Accompanying affidavits may be filed to make applications for order dissolving marriage or civil union
338 Separation order or separation agreement
339 Marriage or civil union certificate
340 Filing of certain applications
341 Application for separation order
342 Restriction on service of application for separation order
344 Affidavit of financial means and their sources
346 Request by respondent for appearance on application for dissolution of marriage or civil union
347 Request for hearing before order dissolving marriage or civil union made
348 Filing of request for appearance, or request for hearing by respondent, if application for dissolution of marriage or civil union by one party only
349A Mediation conference becomes judicial conference if agreement cannot be reached
350 Change of Judge after mediation conference
350A Request to speak on child's cultural background
351 Restrictions on fixing date and time for hearing
352 Fixing date and time for hearing: notice of defence filed
353 Fixing date and time for hearing: no notice of defence filed
354 Fixing date and time for hearing of application for declaration or order dissolving marriage or civil union
355 Registrar's list of section 37 applications (for order dissolving marriage or civil union)
356 Request for hearing after order dissolving marriage or civil union made and before it takes effect as final order
357 Proof of service of certain applications
358 Proof of service of applications on Registrar's list of section 37 applications
359 Intervention in proceedings relating to status of marriage or civil union
360 Sealing and service of order dissolving marriage or civil union: order made by Judge in defended proceedings
361 Sealing and service of order dissolving marriage or civil union: order made by Judge in undefended proceedings
362 Sealing and service of order dissolving marriage or civil union: order made by Registrar
362A Costs of contravention of parenting order
363 Registration of orders made in Commonwealth or designated countries
364 Notice of registration of orders made in Commonwealth or designated countries
365 Order on application for confirmation of provisional order
366 Payments under registered or confirmed order
367 Joinder of other parent in proceedings under Family Proceedings Act
368 Provisional orders for confirmation overseas
369 Procedure on arrest of respondent other than in respect of an offence
370 Copies of orders varying maintenance orders
371 Copies of orders for Commissioner of Inland Revenue
372 Enforcement of maintenance under section 259 of Child Support Act 1991
373 Applications without notice
374 Order of priority of distress warrants
Family Protection Act 1955 and Law Reform (Testamentary Promises) Act 1949
380 Who must be served with copy of application or interlocutory application under Acts
381 Information to be provided in support of application under rule 380(2)
382 Order for directions as to service or for representation
383 Applications without notice
384 Joining in proceedings under Acts
385 Joinder of claims and consolidation
386 Notice of intention to appear or notice of defence
387 Affidavits in support or in opposition
Property (Relationships) Act 1976
391 Joinder of claims and consolidation
394 Who must be given notice of applications under Act
395 Variation or recision of order made on application without notice
396 Copies of orders varying maintenance orders
397 Applications under Act to which rules 398 and 399 apply
398 Affidavit disclosing assets and liabilities
399 Insufficient affidavit of assets and liabilities
400 Failure to file affidavit of assets and liabilities or sufficient affidavit of assets and liabilities
401 Failure to attend for examination or to comply with directions in relation to examination
Protection of Personal and Property Rights Act 1988
408 Medical or other report in support of application to be filed
409 Notice of intention to appear
410 Consent to appointment as welfare guardian or as manager
411 Who must be served with applications under Act
412 Service on persons other than parties
414 Change of Judge after pre-hearing conference
415 Fixing date and time for hearing
416 Proof of service of applications
Part 6
Registry matters, fees, and transitional matters
Sittings on days that are not working days
419 Sittings when court office closed
420 Fee for proceedings under Adoption Act 1955 [Revoked]
421 Fee for proceedings under Family Proceedings Act 1980 [Revoked]
422 Fees must be prepaid on filing [Revoked]
423 Fees inclusive of GST [Revoked]
425 Transfer of adoption records
427 Who may search, inspect, or copy court records or files
428 Registrar to restrict searching, inspecting, or copying in certain cases
429 After 6 years, searching, inspection, and copying to be only by leave of Registrar
430 Review of Registrars' decisions under rules 427 to 429
431 Open searching, inspection, and copying of documents or records filed or lodged more than 60 years ago
431A Information requested by District Court for purposes of section 124N of Domestic Violence Act 1995
431B Information requested by sentencing court for purposes of section 123B of Sentencing Act 2002
432 Transfer of information to criminal court
433 Transfer of documents relating to earlier application
434 Transfer of proceedings to High Court
Proceedings, etc, that originated under previous rules
Schedule 2
Forms for proceedings under Adoption Act 1955
Schedule 3
Forms for proceedings under Child Support Act 1991
Schedule 4
Forms for proceedings under Children, Young Persons, and Their Families Act 1989
Schedule 5
Forms for proceedings under Domestic Violence Act 1995
Schedule 6
Forms for proceedings under Family Proceedings Act 1980 and Care of Children Act 2004
Schedule 7
Forms for proceedings under Family Protection Act 1955 and Law Reform (Testamentary Promises) Act 1949
Schedule 8
Forms for proceedings under Property (Relationships) Act 1976
Schedule 9
Forms for proceedings under Protection of Personal and Property Rights Act 1988
