Supplementary Order Paper No 254

No 254

House of Representatives

Supplementary Order Paper

Wednesday, 12 June 2013

Family Court Proceedings Reform Bill


Proposed amendment

David Clendon, in Committee, to move the following amendment:

Clause 4

In clause 4, new section 5, after paragraph (f) (after line 20 on page 12), insert as subsection (2):

  • (2) To avoid doubt, if the application of 1 or more of the principles in subsection (1)(b) to (f) conflicts with the principle in subsection (1)(a), the principle in subsection (1)(a) prevails.


Explanatory note

This Supplementary Order Paper gives greater weight to the principle that protects the child from all forms of violence if there is inconsistency in applying the principles in new section 5.

New section 5 provides that the 6 primary principles for the child's welfare and best interests are—

  • a child’s safety must be protected and, in particular, a child must be protected from all forms of violence from all persons:

  • a child’s care, development, and upbringing should be primarily the responsibility of his or her parents:

  • a child’s care, development, and upbringing should be facilitated by ongoing consultation and co-operation between his or her parents, guardians, or any other person having a role in his or her care:

  • a child should have continuity in his or her care, development, and upbringing:

  • a child should continue to have a relationship with both of his or her parents, and a child’s relationship with his or her family group, whānau, hapū, or iwi should be preserved and strengthened:

  • a child’s identity should be preserved and strengthened.

New section 5(2) will provide the courts with clear legislative guidance that if the application of 1 or more of the principles in subsection (1)(b) to (f) conflicts with the principle in subsection (1)(a), then the principle in subsection (1)(a) prevails.