Family Courts Amendment Rules (No 3) 2010

2010/368

Crest

Family Courts Amendment Rules (No 3) 2010

Anand Satyanand, Governor-General

Order in Council

At Wellington this 18th day of October 2010

Present:
His Excellency the Governor-General in Council

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

Rules

1 Title
  • These rules are the Family Courts Amendment Rules (No 3) 2010.

2 Commencement
  • These rules come into force on 22 November 2010.

3 Principal rules amended
4 Changing times by which things to be done
  • Rule 132 is amended by revoking subclauses (2) to (6) and substituting the following subclauses:

    • (2) An order reducing the time may be made by—

      • (a) a Judge on such terms and conditions (if any) the Judge thinks fit if—

        • (i) each person or party affected consents; or

        • (ii) whether or not an interlocutory application for the purpose is filed, the Judge considers it appropriate in the circumstances to avoid undue hardship or a risk of harm to any person; or

      • (b) a Registrar on such terms and conditions (if any) the Registrar thinks fit if—

        • (i) each person or party affected consents; or

        • (ii) an interlocutory application for the purpose is filed and the Registrar considers it appropriate in the circumstances to avoid undue hardship or a risk of harm to any person.

    • (3) An order extending the time may be made before or after the time has expired by—

      • (a) a Judge on such terms and conditions (if any) the Judge thinks fit if—

        • (i) each person or party affected consents; or

        • (ii) whether or not an interlocutory application for the purpose is filed, the Judge is satisfied that it is in the interests of justice to make the order; or

      • (b) a Registrar on such terms and conditions (if any) the Registrar thinks fit if—

        • (i) each person or party affected consents; or

        • (ii) an interlocutory application for the purpose is filed and the Registrar is satisfied that it is in the interests of justice to make the order.

    • (4) An order varying an order made under subclause (2) or (3) may be made by a Judge or Registrar on such terms and conditions (if any) the Judge or Registrar thinks fit if—

      • (a) each person or party affected consents; or

      • (b) an interlocutory application for the purpose is filed (whether before or after the time has expired) and the Judge or Registrar considers it appropriate in the circumstances.

    • (5) An interlocutory application filed under this rule may be made without notice.

    • (6) This rule is subject to every Act and any other of these rules.

5 Schedule 1 amended
  • Form G 7 of Schedule 1 is amended by inserting the following paragraphs after the paragraph relating to previous applications:

    Existing orders between the parties: [give details of any existing order between the parties, including the date the order was made, the court that made the order, and the court file number]

    Existing orders relating to any child: [give details of any existing order relating to any child affected by the application, including the date the order was made, the court that made the order, and the court file number].

Rebecca Kitteridge,
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 22 November 2010, amend the Family Courts Rules 2002 (the principal rules).

Rule 4 amends rule 132 of the principal rules, which provides that a time fixed for doing something may be reduced or extended with the consent of the parties or persons affected, or by an order of the court or Registrar on an interlocutory application.

Rule 4 revokes rule 132(2) to (6) and substitutes the following new subclauses:

  • new subclause (2) provides when a time fixed for doing something may be reduced. A Family Court Judge or a Registrar may reduce a time for doing something if the Judge or Registrar considers it appropriate in the circumstances to do so because of undue hardship or a risk of harm to any person. A Judge may make an order of this kind without an interlocutory application having been filed:

  • new subclause (3) provides when a time for doing something may be extended. A Family Court Judge or a Registrar may extend a time for doing something before or after the time has expired if the Judge or Registrar is satisfied that it is in the interests of justice to do so. A Judge may make an order of this kind without an interlocutory application having been filed:

  • new subclause (4) provides for the variation of an order reducing or extending the time fixed for doing something. A Family Court Judge or Registrar may vary an order if an interlocutory application for the purpose is filed and the Judge or Registrar considers it appropriate in the circumstances:

  • new subclause (5) provides that an interlocutory application made under this rule may be made without notice:

  • new subclause (6) provides that rule 132 is subject to every Act and any other provision in the principal rules. New subclause (5) is not, however, overridden by the principal rules because of rules 218 and 220(2).

Rule 5 amends Form G 7 in Schedule 1 of the principal rules to require the information sheet accompanying an application to include details of existing court orders between the parties, or relating to any child affected by the application.


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

Date of notification in Gazette: 21 October 2010.

These rules are administered by the Ministry of Justice.