Family Proceedings Amendment Rules 2005

2005/100

Family Proceedings Amendment Rules 2005


Note

These rules are administered in the Ministry of Justice.


Pursuant to section 188(1) of the Family Proceedings Act 1980 and to section 146(4) of the Care of Children Act 2004, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following rules.

1 Title
  • (1) These rules are the Family Proceedings Amendment Rules 2005.

    (2) In these rules, the Family Proceedings Rules 19811 are called the principal rules.

2 Commencement
  • These rules come into force on 1 July 2005.

3 Application of rules
  • Rule 2(1)(b) of the principal rules is amended by omitting the expression Guardianship Act 1968, and substituting the expression Care of Children Act 2004.

4 Interpretation
  • Rule 3(1) of the principal rules is amended by omitting from the definition of the Acts the expression Guardianship Act 1968, and substituting the expression Care of Children Act 2004.

5 Applications on notice
  • Rule 15 of the principal rules is amended by adding the following subclauses:

    • (6) This subclause applies to every application under section 72(2) or section 73(2) of the Care of Children Act 2004 seeking a warrant directing that a child be delivered—

      • (a) to the applicant; or

      • (b) to some other person or authority named in the warrant on behalf of the applicant.

    • (7) Every application to which subclause (6) applies must be accompanied by a written statement indicating what arrangements are being made for the child to be delivered to the applicant after execution of the warrant.

6 Ex parte applications
  • (1) Rule 16(1) of the principal rules is amended by revoking paragraphs (b) and (c), and substituting the following paragraph:

    • (b) the Care of Children Act 2004—

      • (i) section 76, including as applied by sections 117(4) and 119(4) of that Act (authority to use faxed copy of warrant):

      • (ii) section 77 (preventing removal of child from New Zealand):

      • (iii) section 143(5) (order dispensing with security for appeal).

    (2) Rule 16 of the principal rules is amended by adding the following subclauses:

    • (7) This subclause applies to every application under section 72(2) or section 73(2) of the Care of Children Act 2004 seeking a warrant directing that a child be delivered—

      • (a) to the applicant; or

      • (b) to some other person or authority named in the warrant on behalf of the applicant.

    • (8) Every application to which subclause (7) applies must be accompanied by a written statement indicating—

      • (a) whether the applicant intends to make himself or herself available near the place, and soon after the time, that the warrant is likely to be executed and, if not, how the child is proposed to be delivered to the applicant (as the case requires); or

      • (b) how the child is proposed to be delivered by that other person or authority to the applicant.

7 Powers of Registrar
  • Rule 73(2) of the principal rules is amended by omitting the words penal institution, and substituting the word prison.

8 Procedure on arrest of respondent other than in respect of an offence
  • Rule 74(6) of the principal rules is amended by omitting the words Superintendent of the penal institution, and substituting the words manager of the prison.

9 List of forms amended
  • (1) The list of forms in Schedule 1 of the principal rules is amended by omitting from the items relating to forms F.P. 16 and F.P. 17 the expression Guardianship Act 1968, and substituting in each case the expression Care of Children Act 2004.

    (2) The list of forms in Schedule 1 of the principal rules is amended by omitting from the item relating to form F.P. 52 the words Enforce Custody or Access, and substituting the words enforce role of providing day-to-day care for, or order for contact with, child.

    (3) The list of forms in Schedule 1 of the principal rules is amended by omitting from the item relating to form F.P. 53 the words Take Child, and substituting the words take child to prevent removal from New Zealand.

10 New forms substituted
  • (1) Schedule 1 of the principal rules is amended by revoking form F.P. 52, and substituting the form F.P. 52 set out in Schedule 1 of these rules.

    (2) Schedule 1 of the principal rules is amended by revoking form F.P. 53, and substituting the form F.P. 53 set out in Schedule 2 of these rules.

11 Forms amended
  • Schedule 1 of the principal rules is amended by—

    • (a) omitting from the heading of form F.P. 15 the expression Guardianship Act 1968, and substituting the expression Care of Children Act 2004:

    • (b) omitting from the heading to form F.P. 16 the expression GUARDIANSHIP ACT 1968, and substituting the expression Care of Children Act 2004:

    • (c) omitting from the heading to form F.P. 17 the expression GUARDIANSHIP ACT 1968, and substituting the expression Care of Children Act 2004:

    • (d) omitting from the paragraph in the notes to form F.P. 17 headed Jurisdiction of Court the expression Guardianship Act 1968, and substituting the expression Care of Children Act 2004:

    • (e) omitting from the heading of form F.P. 22 the expression Guardianship Act 1968, and substituting the expression Care of Children Act 2004:

    • (f) omitting from the heading of form F.P. 23 the expression Guardianship Act 1968, and substituting the expression Care of Children Act 2004:

    • (g) omitting from the heading of form F.P. 24 the expression Guardianship Act 1968, and substituting the expression Care of Children Act 2004:

    • (h) omitting from the heading of form F.P. 27 the expression Guardianship Act 1968, and substituting the expression Care of Children Act 2004:

    • (i) omitting from the heading of form F.P. 28 the expression Guardianship Act 1968, and substituting the expression Care of Children Act 2004:

    • (j) omitting from the heading of form F.P. 29 the expression Guardianship Act 1968, and substituting the expression Care of Children Act 2004:

    • (k) omitting from form F.P. 41 the words The Superintendent of [Name of penal institution], and substituting the words The Manager of [name of prison]:

    • (l) omitting from form F.P. 41 the words penal institution, and substituting the word prison:

    • (m) omitting from form F.P. 41 the word Superintendent,, and substituting the word Manager,:

    • (n) omitting from form F.P. 42 the word forefeit, and substituting the word forfeit:

    • (o) omitting from form F.P. 43 the words The Superintendent of [Name of penal institution], and substituting the words The Manager of [name of prison].


Schedule 1
New form F.P. 52 substituted in Schedule 1 of Family Proceedings Rules 1981

r 10(1)

Form F.P. 52
Warrant to enforce role of providing day-to-day care for, or order for contact with, child

r 11

.
.

Schedule 2
New form F.P. 53 substituted in Schedule 1 of Family Proceedings Rules 1981

r 10(2)

Form F.P. 53
Warrant to take child to prevent removal from New Zealand

r 11

.
.

Diane Morcom,

Clerk of the Executive Council.

Explanatory note

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 2005, amend the Family Proceedings Rules 1981 ( the principal rules). Most of the amendments are to align the principal rules with the Care of Children Act 2004. Amendments for this purpose include—

  • replacing references to provisions of the Guardianship Act 1968 with references to provisions of the Care of Children Act 2004:

  • replacing references to custody of a child with references to the role of providing day-to-day care for a child:

  • replacing references to access to a child with references to contact with a child.

Other amendments make changes to terminology used in the principal rules in accordance with the Corrections Act 2004. In particular, references to penal institutions and their Superintendents are replaced with references to prisons and their managers.

There is also an amendment correcting a typographical error.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 21 April 2005.


  • 1 SR 1981/261