Family Courts (Prescribed Proportion of Professionals' Costs) Regulations 2014

2014/6

Coat of Arms of New Zealand

Family Courts (Prescribed Proportion of Professionals' Costs) Regulations 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 147(2)(d) of the Care of Children Act 2004, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title
  • These regulations are the Family Courts (Prescribed Proportion of Professionals' Costs) Regulations 2014.

2 Commencement
  • These regulations come into force on 31 March 2014.

3 Interpretation
4 Costs of court-appointed professionals
  • For the purposes of section 135A of the Act, the prescribed proportion of the following amounts is two-thirds:

    • (a) the amount paid by the Crown under section 131(1)(b) of the Act in respect of the fees and expenses of a lawyer appointed under section 7 or 130 of the Act:

Rebecca Kitteridge,
Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 31 March 2014, are made under the Care of Children Act 2004 (the Act). They provide that—

  • the prescribed proportion of the amount paid by the Crown under section 131(1)(b) of the Act in respect of the fees and expenses of a lawyer appointed under section 7 or 130 of the Act is two-thirds:

  • the prescribed proportion of the amount paid by the Crown under section 135(1)(b) of the Act in respect of a cultural, medical, psychiatric, or psychological report requested under section 133 of the Act is two-thirds.

If, in proceedings under the Care of Children Act 2004, the Child Support Act 1991, or the Family Proceedings Act 1980, the Crown has paid the fees and expenses of a lawyer appointed to represent a child or to assist the court, the court must order the parties to reimburse the Crown two-thirds of those fees and expenses. Also, if, in proceedings under the Care of Children Act 2004, the Crown has paid the fees for the preparation of a cultural, medical, psychiatric, or psychological report, the court must order the parties to reimburse the Crown two-thirds of those fees. A court may, however, decline to make any of the above orders against a party if it is satisfied that the order would cause serious hardship to the party or a dependent child of the party.

Each party must pay an equal share of the prescribed two-thirds proportion unless the court, taking into account the circumstances of the case, requires a party to pay a different amount not exceeding a two-thirds proportion.


Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 23 January 2014.

These regulations are administered by the Ministry of Justice.