Family Courts Rules 2002

Reprint as at 1 July 2014

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

1 Title

Part 1
Preliminary provisions

Commencement

2 Commencement

Purpose

3 Purpose of these rules

Overview

4 Overview of these rules

Application

5 Application of these rules

5A Limited application of District Courts Rules 2014

6 Special rules for proceedings under certain family law Acts

7 No special rules for proceedings under certain family law Acts

Interpretation

8 Interpretation

9 Words and expressions defined in Acts

10 References to prescribed forms

Registrars' duties and powers

11 Requirements imposed on Registrars by rules

12 Powers of Registrars under rules

General matters

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

Overview of Part

18 Overview of this Part

Commencement of proceedings

19 How proceedings are commenced

What to file

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

Where applications to be made

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

Before any hearing

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

50 Witness summons

51 Witness entitled to expenses

52 Conferences

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

Steps at hearing

53 Court and Chambers

54 Ascertaining wishes or views of child or young person

55 Procedure if some or all parties do not appear

56 Judgment following non-appearance may be set aside

57 Procedure if all parties appear

Steps at end of hearing

58 What court may do at end of hearing

Rehearings

59 Rehearings

Rights of appeal to High Court

60 Rights of appeal under family law Acts

Part 3
Rules about particular aspects of proceedings

Overview of Part

61 Overview of this Part

Forms

62 Forms

62A Approved forms for use in proceedings to which Part 5A applies

Shape, etc, of documents to be filed

63 Documents to which rules 64 to 69 apply

64 Paper

65 Contents must be only on 1 side of paper

66 Margin

67 Numbers

68 Division into paragraphs

69 Fastening and numbering of pages

70 Contents must be legible

71 Signature to be original

72 Front page

73 Heading

74 Front page must comply with requirements of rule 82

How to file documents in court

75 Filing documents

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

Lawyers

80 Party need not have lawyer

81 Lawyers who are, or act for, adverse parties

82 Memorandum to be on front page with first document filed

83 Lawyer filing documents on behalf of party

83A Authority of certain Australian solicitors in certain trans-Tasman proceedings: District Courts Rules 2014 apply

84 Lawyer's warranty as to authorisation to file documents

85 Lawyer may sign certain documents on behalf of party

86 Lawyer acting in person

87 Change of representation

88 Court may declare that lawyer no longer acting for party

Representatives and managers

89 Interpretation

90 Minor must be represented by next friend or litigation guardian

90A Minor may apply to take part in proceedings without next friend or litigation guardian

90B Appointment of next friend for minor

90C Appointment of litigation guardian for minor

90D Appointment of litigation guardian for person to whom section 11 of Domestic Violence Act 1995 applies

90E Incapacitated person must be represented by litigation guardian

90F Appointment of litigation guardian for incapacitated person

90G Notification of appointment

90H Person subject to property order must be represented by manager

91 Managers under Protection of Personal and Property Rights Act 1988

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

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

94 Representative capacity

95 Responsibility of representative for costs

96 Responsibility of manager for costs

97 Retirement, removal, or death of representative

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

Notices

99 Notices

100 Notices to be given by Registrar

Service: Documents to be served

101 Documents to be served

Service: How documents to be served

102 How documents to be served

103 Service of copies

Service: On days that are not working days

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

Service: Personal service

105 Certain documents to be served by personal service

106 Who may carry out personal service

107 Personal service

108 Personal service on spouse or partner

109 Personal service if person to be served on ship

110 Personal service on serving member of armed forces

111 Personal service on prisoner

112 Personal service on minors

113 Personal service: District Courts Rules 2014 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: by post in trans-Tasman proceedings

121A When and how documents under rule 102(2)(ca) to be treated as served

Service: In manner specified in agreement

122 Service under 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

Service: Substituted service

126 Order dispensing with or changing service required

Service: Proof of service

127 Proof of personal service

128 Proof of substituted service effected by advertisement

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

Service: On party out of New Zealand

130 Service on absentee: District Courts Rules 2014 apply

Use of Māori language, translations, and sign language

131 Māori and other languages: District Courts Rules 2014 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 2014 apply

Consolidation of proceedings

135 When order may be made

136 Application of rule 135

Getting more information and admissions

137 Interrogatories: District Courts Rules 2014 apply

138 Notice to admit facts

139 Further particulars

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

149 Right to make copies

150 Production of document to court

151 Inspection to decide validity of claim or objection

152 Admission of documents discovered

153 Notice to produce documents

154 Notice to admit documents

155 Restricted effect of admission

Procedure when evidence given by affidavit

156 Use of affidavits

157 Person refusing to make affidavit

158 Form and contents of affidavit

159 Exhibits to affidavits

160 Affidavit in language other than English

161 Alterations or additions to, or erasure from, affidavit

162 Irregularity in form of affidavit

163 Service copies of affidavits

164 Affidavit may be sworn on any day

165 Affidavits made on behalf of corporations

166 Affidavits by 2 or more deponents

167 Affidavit by blind, disabled, or illiterate deponent

168 Authority to take affidavits

169 Cross-examination of deponent

Other evidentiary matters

170 Pre-hearing rulings on evidence

171 Evidence by deposition: District Courts Rules 2014 apply

172 Taking evidence outside New Zealand: District Courts Rules 2014 apply

173 Interpretation

173A Leave to serve New Zealand subpoena on witness in Australia: District Courts Rules 2014 apply

173B Issue of subpoenas for service in Australia

173C Service of subpoena on witness in Australia

173CA Application to set aside New Zealand subpoena

173D Failure to comply with subpoena

173E Evidence and submissions by remote appearance medium from Australia: District Courts Rules 2014 apply

Conferences

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

178 Settlement conference

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

Interlocutory injunctions

182 Application for interlocutory injunction

183 Undertaking as to damages

184 Interim injunction in relation to party's assets

Injunctions and receivers

185 Application for order

Transfer of proceedings and transfer for hearing

186 Transfer of proceedings

187 Transfer for hearing

188 Transfers under rule 186 or rule 187

189 Procedure on transfer of proceedings

190 Procedure on transfer for hearing

191 Transfer of proceedings to High Court

Adjournment of hearing

192 Adjournment of hearing

Striking out pleading

193 Striking out pleading

Stay or dismissal

194 Stay or dismissal

195 Dismissal if proceedings or defence not prosecuted

Discontinuance

195A Discontinuance

195B Court may set discontinuance aside

Judgments and orders

196 Judgment and reasons for judgment defined

197 Time and mode of giving judgment

198 Judgments to be sealed and dated

199 When drawing up of order unnecessary

200 Duplicate judgments

201 When judgment takes effect

202 Time for doing act to be stated

203 If deed directed to be prepared

204 Clerical mistakes and slips

205 Death, etc, of Judge before judgment

206 Service of judgments

Costs

207 Costs at discretion of court

207A Enforcement of order for costs

207B Security for costs: District Courts Rules 2014 apply

Investment of funds in court

208 Investment of funds in court

Inspection and testing of property

208A Inspection and testing of property

Interim preservation, etc, of property

208B Interim preservation, etc, of property

Rehearings

209 Application for rehearing

210 Court may order rehearing

211 Evidence by affidavit on application for rehearing

212 Order for rehearing

213 Procedure for rehearing

Contempt

214 Contempt of court: District Courts Rules 2014 apply

Part 4
Interlocutory matters

Overview of Part

215 Overview of this Part

Interpretation

216 Interpretation

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

223 Form of applications

Evidence on interlocutory applications

224 Evidence on 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

230B Affidavit in reply

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

234 Hearing of applications

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

237 Enforcement of orders

Costs of interlocutory applications

238 Costs

Part 5
Special rules for proceedings under certain family law Acts

239 Overview of this Part

Adoption Act 1955

240 Interpretation

241 Forms

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

243 Social worker to ask Police about character of applicants before furnishing report

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

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

246 Form of consent to adoption

247 If applicants' identity not disclosed, social worker to give evidence that consent to adoption relates to applicants

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

249 Attendance of parties at hearing

250 Registrar to give notice of making of interim order

251 Form of application for issue of adoption order

252 Adoption order

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

Child Support Act 1991

254 Interpretation

255 Forms

256 Applications without notice

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

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

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

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

261 Filing of application if Commissioner is party to proceedings

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

263 Notice by advertisement by order under section 224 of Act

264 Notice of defence

265 Affidavit to accompany notice of defence

266 Further information to be filed and served before hearing

267 Fixing date and time for hearing

268 Respondent added as party

269 Procedure on intervention

270 Order of priority of warrants to seize property

271 Bond by receiver

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

273 Commissioner to receive copy of order made under Act

Children, Young Persons, and Their Families Act 1989

274 Interpretation

275 Forms

276 Applications without notice

277 Filing of applications

278 Procedure if restraining order made without notice

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

280 Service of application under section 44 of Act

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

282 Service on chief executive

283 Service on social worker or constable

284 Directions as to service

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

286 Notice of application under section 380 of Act

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

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

289 Documents filed on family group conference

290 Notice of appointment of lawyer or lay advocate

291 Notice of intention to appear

292 Mediation conference

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

300 Consent to order of court

301 Proceedings not to abate

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

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

Domestic Violence Act 1995

304 Interpretation

305 Forms

306 Applications without notice

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

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

309 Documents to be filed to make certain applications

310 Residential address not required

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

312 Filing of applications

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

314 Notice of defence when application on notice

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

316 Time for service

317 Temporary property orders made on application without notice

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

319 Notice of objection to direction to attend programme

320 How notice of objection to be dealt with

321 Notice of result of objection

322 Request by provider for variation of programme

323 Witness summons calling respondent or associated respondent before court

324 Enforcement of occupation orders and tenancy orders: District Courts Rules 2014 apply

325 Enforcement of ancillary furniture orders and furniture orders: District Courts Rules 2014 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 subpart 4 of Part 2 of Care of Children Act 2004

333 Interpretation

334 Forms

335 Applications without notice

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

336A Applications for warrants and delivery of child [Revoked]

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

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

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 [Revoked]

342 Restriction on service of application for separation order [Revoked]

343 Report by counsellor [Revoked]

344 Affidavit of financial means and their sources

345 Notice of defence

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

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

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

349 Mediation conference [Revoked]

349A Mediation conference becomes judicial conference if agreement cannot be reached [Revoked]

350 Change of Judge after mediation conference [Revoked]

350A Request to speak on child's cultural background [Revoked]

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 [Revoked]

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 warrants to seize property

375 Application of rule 369

376 Bond by receiver

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

377 Interpretation

378 Forms

379 Naming of respondent

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

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

382 Order for directions as to service or for representation

383 Applications without notice

384 Joining in proceedings under Acts

385 Joinder of claims and consolidation

386 Notice of intention to appear or notice of defence

387 Affidavits in support or in opposition

Property (Relationships) Act 1976

388 Interpretation

389 Forms

390 Filing of applications

391 Joinder of claims and consolidation

392 Affidavit in support

393 Notice of defence

394 Who must be given notice of applications under Act

395 Variation or recision of order made on application without notice

396 Copies of orders varying maintenance orders

397 Meaning of party A and party B in rules 398 to 404

398 Affidavit of assets and liabilities to be filed and served

399 Failure by applicant to file affidavit of assets and liabilities

400 Filing inadequate affidavit of assets and liabilities

401 Failure to attend for examination or to comply with directions

402 Power to summon witness

403 Execution of warrants

404 Conduct of examination

Protection of Personal and Property Rights Act 1988

405 Interpretation

406 Forms

407 Filing of applications

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

409 Notice of intention to appear

410 Consent to appointment as welfare guardian or as manager

411 Who must be served with applications under Act

412 Service on persons other than parties

413 Pre-hearing conference

414 Change of Judge after pre-hearing conference

415 Fixing date and time for hearing

416 Proof of service of applications

Part 5A
Special rules for certain proceedings under Care of Children Act 2004

416A Application of Part

416B Interpretation

Overview

416C Overview of proceedings

416D Flowcharts of proceedings

416E Forms

Applications

416F Commencing proceedings

416G Applications to be made on notice unless application can be made without notice

416H When application without notice can be made

416HA Certificate of lawyer to be included in applications without notice

After application filed

416I What happens with applications filed on notice

416J What happens with applications filed without notice

416K Notice of response by respondent who opposes application

416L Notice by respondent wishing to protest jurisdiction

416M Notice by respondent wishing to be heard or reserve rights

416N Party requiring more information

416O Witness summons and witness expenses

Proceedings generally

416P Proceedings dealt with on tracks

416Q Restriction on further evidence being filed

416R What happens when FDR is ordered

Tracks

416S Standard track

416T Complex case on standard track

416U Without notice track

416V Simple track

Conferences generally

416W General rules about conferences

Specific kinds of conferences

416X Issues conference

416Y Settlement conference

416Z Directions conference

416ZA Memoranda filed in advance of directions conference

416ZB Pre-hearing conference

416ZC Case management conference

Hearings

416ZD What happens when Judge directs that application proceed to hearing

416ZE Hearings generally

416ZF Defended hearings

416ZG Submissions-only hearings

416ZH Formal proof hearings

Miscellaneous

416ZI Request to speak on child's cultural background

416ZJ Costs of contravention of parenting order

Part 6
Registry matters, fees, and transitional matters

Overview of Part

417 Overview of this Part

Court offices

418 Court offices and hours

Sittings on days that are not working days

419 Sittings when court office closed

Fees

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]

Records

424 Records

425 Transfer of adoption records

426 Interpretation

427 Access to documents and court files during first access period

428 Access to documents and court files during second access period

429 Application for permission to access documents or court files

430 Rules 426 to 429 are subject to other provisions

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

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

431C Information requested for purpose of enforcing cost contribution orders

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

435 Transitional provision

Schedule 1
General forms

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 subpart 4 of Part 2 of 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

Schedule 10
Forms for proceedings under Care of Children Act 2004

Gazette information

Family Courts Amendment Rules (No 2) 2014

Reprint notes