This note is not part of the rules, but is intended to indicate their general effect.
These rules, which come into force on 1 July 2004, amend the Family Courts Rules 2002 (
“the principal rules”).
Rule 3 replaces rule 130 of the principal rules with a new rule, which applies certain provisions of the District Courts Rules 1992 relating to service on a party outside New Zealand to proceedings in a Family Court. New rule 130 ensures the only District Courts rule that applies to proceedings under the Guardianship Act 1968 or Family Proceedings Act 1980 is rule 246 (service in Convention countries). This is the position that existed before the principal rules came into force.
Rule 4 amends rule 180 of the principal rules, which provides that a Judge who has presided over a judicial or settlement conference cannot preside at the hearing of the proceedings. This rule is amended so that it applies only in relation to judicial conferences.
Rule 5 amends rule 357(2)(e) of the principal rules, which relates to proof of service of certain applications, to delete an unnecessary word.
Rule 6 revokes rule 420 of the principal rules, which provides that a fee of $100 is payable for an application for an adoption order.
Rule 7 amends forms CS 28 (affidavit of financial means and their sources) and CS 31 (charging order) in Schedule 3 of the principal rules to correct minor drafting errors.
Rule 8 amends forms FP 2 (notice to respondent of reference to counselling), FP 18 (affidavit of financial means and their sources), FP 22 (provisional order for confirmation overseas), and FP 27 (order confirming provisional order for maintenance) in Schedule 6 of the principal rules to correct minor technical and drafting errors.
Rule 9 amends forms PPPR 5 (application for order to administer property of applicant) and PPPR 6 (application for order to administer property) in Schedule 9 of the principal rules to reflect an amendment made in 1997 to section 11(2) of the Protection of Personal and Property Rights Act 1988.