Family Courts Amendment Rules (No 2) 2014

2014/4

Family Courts Amendment Rules (No 2) 2014

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 21st day of January 2014

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.

Contents

1 Title

2 Commencement

3 Principal rules

Part 1
Amendments to Parts 1 to 5

Amendments to Part 1

4 Rule 4 amended (Overview of these rules)

5 Rule 5 amended (Application of these rules)

6 Rule 6 amended (Special rules for proceedings under certain family law Acts)

7 Rule 10 amended (References to prescribed forms)

Amendments to Part 2

8 Rule 18 amended (Overview of this Part)

9 Rule 21 amended (Special rules relating to affidavits)

10 Rule 24 amended (Applications that may be made without notice)

11 Rule 25 amended (Two or more applications may be made together)

12 Rule 37 amended (Special rules relating to service)

13 Rule 52 amended (Conferences)

Amendments to Part 3

14 Rule 61 amended (Overview of this Part)

15 Rule 62 amended (Forms)

16 New rule 62A inserted (Approved forms for use in proceedings to which Part 5A applies)

17 Rule 63 amended (Documents to which rules 64 to 69 apply)

18 Rule 72 amended (Front page)

19 Rule 73 amended (Heading)

20 Rule 80 amended (Party need not have lawyer)

21 Rule 83 amended (Lawyer filing documents on behalf of party)

22 Rule 87 amended (Change of representation)

23 Rule 88 amended (Court may declare that lawyer no longer acting for party)

24 Rule 101 amended (Documents to be served)

25 Rule 116 amended (Address for service on party or other person)

Amendments to Part 5

26 Rule 239 amended (Overview of this Part)

27 Cross-heading above rule 333 amended

28 Rule 333 replaced (Interpretation)

29 Rule 335 amended (Applications without notice)

30 Rules 336A to 336C revoked

31 Rules 341 to 343 revoked

32 Rules 349 to 350A revoked

33 Rule 351 replaced (Restrictions on fixing date and time for hearing)

34 Rule 352 amended (Fixing date and time for hearing: notice of defence filed)

35 Rule 353 replaced (Fixing date and time for hearing: no notice of defence filed)

36 Rule 362A revoked (Costs of contravention of parenting order)

37 Rule 388 amended (Interpretation)

38 Rules 397 to 401 replaced

39 Rule 402 amended (Power to summon witness)

40 Rule 403 amended (Execution of warrants)

41 Rule 404 amended (Conduct of examination)

Part 2
New Part 5A inserted

42 New Part 5A inserted

Overview

Applications

After application filed

Proceedings generally

Tracks

Conferences generally

Specific kinds of conferences

Hearings

Miscellaneous

Part 3
Other amendments and transitional provisions

43 New rule 431C inserted (Information requested for purpose of enforcing cost contribution orders)

44 Schedule 6 amended

45 Schedule 8 amended

46 New Schedule 10 inserted

Transitional provision

47 Proceedings commenced before these rules come into force

Schedule 1
Amendment to Schedule 8

Schedule 2
New Schedule 10 inserted

Explanatory note

Administrative information