1	Title
2	Commencement
3	Principal Act
	Part 1 Substantive amendments to principal Act
4	New section 2A inserted (Transitional, savings, and related provisions)
	2A	Transitional, savings, and related provisions
5	Section 37 amended (Application for dissolution of marriage or civil union)
6	Section 38 amended (Power to make order for dissolution)
7	Section 39 amended (Grounds for dissolution)
8	New section 39A inserted (Additional ground for dissolution: protected person under protection order)
	39A	Additional ground for dissolution: protected person under protection order
9	New Schedule 1AA inserted
	Part 2 Other amendments to principal Act
10	Section 174 amended (Appeals from decisions of District Court and Family Court)
11	Section 175 amended (Appeals from decisions of High Court)
	Schedule New Schedule 1AA inserted
	Legislative history
	Administrative information

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Family Proceedings (Dissolution of Marriage or Civil Union for Family Violence) Amendment Act 2024.

2 Commencement

This Act comes into force on the day that is 12 months after the date on which it receives the Royal assent.

3 Principal Act

This Act amends the Family Proceedings Act 1980.

Part 1 Substantive amendments to principal Act

4 New section 2A inserted (Transitional, savings, and related provisions)

After section 2, insert:

2A Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.

5 Section 37 amended (Application for dissolution of marriage or civil union)

(1)

Replace the heading to section 37 with “Application for dissolution of marriage or civil union: irreconcilable breakdown”.

(2)

In section 37(1), after “made”, insert “on the ground set out in section 39(1)”.

6 Section 38 amended (Power to make order for dissolution)

(1)

Replace the heading to section 38 with “Power to make order for dissolution: irreconcilable breakdown”.

(2)

Replace section 38(1) with:

(1)

Subject to subsection (2), every application for an order dissolving a marriage or civil union made on the ground set out in section 39(1) must be heard and determined by the Family Court.

(3)

In section 38(2), replace “where” with “on the ground set out in section 39(1) if”.

7 Section 39 amended (Grounds for dissolution)

(1)

Replace the heading to section 39 with “Ground for dissolution: irreconcilable breakdown”.

(2)

In section 39(1), delete “only”.

8 New section 39A inserted (Additional ground for dissolution: protected person under protection order)

After section 39, insert:

39A Additional ground for dissolution: protected person under protection order

Application for dissolution

(1)

A party to a marriage or civil union (the applicant) may apply for an order dissolving the marriage or civil union on the ground that the applicant is a protected person under a protection order made against the applicant’s spouse or civil union partner.

(2)

The parties to a marriage or civil union may apply jointly for an order dissolving the marriage or civil union on the ground in subsection (1) if each party is a protected person under a protection order that is made against the other party.

(3)

An application under subsection (1) or (2) may be made only if, at the time of the filing of the application, at least 1 party to the marriage or civil union is domiciled in New Zealand.

(4)

The parties to the marriage or civil union need not—

(a)

be living apart at the time an application is made under subsection (1) or (2) (the application); or

(b)

have been living apart for the period of 2 years immediately before the filing of the application.

Evidence

(5)

The following is sufficient evidence that the applicant is a protected person:

(a)

a copy of the protection order; and

(b)

if the protection order is a registered foreign protection order, evidence of its registration under section 219 of the Family Violence Act 2018.

Order for dissolution

(6)

A Registrar, or the Family Court, must make an order dissolving the marriage or civil union if satisfied that—

(a)

the ground in subsection (1) is established; and

(b)

any appeal rights in respect of the protection order have been exhausted or have expired; and

(c)

the matters in section 45 have been addressed.

(7)

A Registrar may only make an order under subsection (6) if the proceedings are undefended.

(8)

An order made under subsection (6) continues in force even if the protection order relied upon to establish the ground in subsection (1)—

(a)

is discharged under section 109 of the Family Violence Act 2018:

(b)

is a registered foreign protection order that—

(i)

has its registration cancelled under section 223 of the Family Violence Act 2018:

(ii)

ceases to be enforceable in the country in which it was made.

(9)

In this section,—

protection order means—

(a)

a final protection order made under the Family Violence Act 2018; or

(b)

a protection order—

(i)

made under section 123B of the Sentencing Act 2002; and

(ii)

that becomes a final order under section 123G of the Sentencing Act 2002; or

(c)

a registered foreign protection order

protected person and registered foreign protection order have the meanings given in section 8 of the Family Violence Act 2018.

9 New Schedule 1AA inserted

Insert the Schedule 1AA set out in the Schedule of this Act as the first schedule to appear after the last section of the principal Act.

Part 2 Other amendments to principal Act

10 Section 174 amended (Appeals from decisions of District Court and Family Court)

In section 174(9), replace “under section 34 or section 39(4)” with “under section 34, 39(4), or 39A(6)”.

11 Section 175 amended (Appeals from decisions of High Court)

In section 175(2), replace “under section 34 or section 39(4)” with “under section 34, 39(4), or 39A(6)”.

Schedule New Schedule 1AA inserted

s 9

Schedule 1AA Transitional, savings, and related provisions

s 2A

Part 1 Provisions relating to Family Proceedings (Dissolution of Marriage or Civil Union for Family Violence) Amendment Act 2024

1 Interpretation

In this Part,—

amendment Act means the Family Proceedings (Dissolution of Marriage or Civil Union for Family Violence) Amendment Act 2024

commencement means the date on which the amendment Act comes into force.

2 Persons with protection orders before commencement

A person who is a protected person under a protection order that is in force immediately before commencement is a protected person for the purposes of section 39A(1).

Legislative history

11 May 2023		Introduction (Bill 247–1)
30 August 2023		First reading and referral to Justice Committee
10 June 2024		Reported from Justice Committee (Bill 247–2)
21 August 2024		Second reading
11 September 2024		Committee of the whole House
16 October 2024		Third reading
17 October 2024		Royal assent

This Act is administered by the Ministry of Justice.

Family Proceedings (Dissolution of Marriage or Civil Union for Family Violence) Amendment Act 2024