Hon Judith Collins
Government Bill
90—1
Explanatory note
1 Title
2 Commencement
Part 1Amendments to Care of Children Act 2004
3 Principal Act
4 Sections 4 and 5 replaced
4 Child's welfare and best interests to be paramount
5 Principles relating to child's welfare and best interests
5 Section 7 replaced (Lawyer to act for child)
7 Appointment of lawyer to represent child in proceedings
7A Lawyers acting for parties
6 Section 8 amended (Interpretation)
7 Section 40 amended (Agreements between parents and guardians)
8 Sections 44 to 46 and cross-heading above section 44 repealed
9 New sections 46C to 46H and cross-headings inserted
46C Certain children may seek review of parent's or guardian's decision or refusal to give consent
Resolving disputes between guardians
46D Disputes between guardians
Counselling
46E Counselling where proceedings commenced
46F Duties of approved counselling organisation
46G Privilege
46H Counselling fees and expenses
10 New sections 47A and 47B inserted
47A Mandatory statement in applications
47B Mandatory statement and evidence in applications
11 Section 48 amended (Parenting orders)
12 Section 49 replaced (Applications to include statement on others' involvement)
49 Interim parenting orders
49A Final parenting orders
13 Section 51 amended (Court must consider protective conditions in certain cases)
14 Sections 57 to 62 and cross-heading above section 58 replaced
57 Variation of final parenting order by consent memorandum instead of application
Supervised contact
58 Interpretation
59 Court may order supervised contact
60 Costs of formal supervised contact
15 Section 63 repealed (Purpose and overview of sections 64 to 80)
16 Section 64 amended (Guiding consideration and principles)
17 Sections 65 to 67 repealed
18 Section 69 amended (Court may require parties to attend for counselling or for hearing of application under section 68)
19 Section 78 replaced (Contravening parenting order)
78 Contravening parenting or guardianship order
20 Section 130 replaced (Counsel to assist court)
130 Appointment of lawyer to assist court
21 Section 131 amended (Costs of court-appointed counsel)
22 Section 133 replaced (Reports from other persons)
133 Reports from other persons
23 Section 134 amended (Distribution, etc, of reports under sections 132 and 133)
24 Section 135 replaced (Costs of reports under section 133)
135 Costs of reports requested under section 133
135A Order requiring refund of payments in respect of reports requested under section 133
135B Enforcement of orders made under section 135A
135C Time may be extended for payments ordered under section 135A
25 Section 137 amended (Attendance at hearings generally)
26 Section 138 repealed (Attendance at hearings of persons involved in counselling or conciliation under Family Proceedings Act 1980)
27 New section 139A inserted (Leave required to commence substantially similar proceedings)
139A Leave required in certain cases to commence substantially similar proceedings
28 Section 141 amended (Power to restrict commencement of proceedings)
29 Section 147 amended (Regulations)
30 Section 148 amended (Other Acts not affected)
31 Section 152 amended (Repeal)
32 New section 165 inserted (Proceedings pending before commencement of Part 1 of Family Court Proceedings Reform Act 2012)
165 Proceedings pending before commencement of Part 1 of Family Court Proceedings Reform Act 2012
Part 2Amendments to Domestic Violence Act 1995
33 Principal Act
34 Section 2 amended (Interpretation)
35 Section 3 amended (Meaning of domestic violence)
36 Section 5 amended (Object)
37 Cross-heading above section 29 replaced
38 Section 29 amended (Programmes for protected persons)
39 Section 30 repealed (Commencement of section 29)
40 Sections 31 to 35 replaced
31 Joint programmes
32 Direction to attend assessment and non-violence programme
33 Terms of direction that respondent or associated respondent attend non-violence programme
34 Registrar to arrange programme provider
35 Programme provider to arrange meeting with respondent or associated respondent
35A Referral to different programme provider
41 Section 36 amended (Direction to attend programme made on application without notice)
42 Section 38 repealed (Respondent or associated respondent excused from attending)
43 Sections 39 and 40 replaced
39 Notice of non-compliance
40 Notice of conclusion of non-violence programme
44 Section 41 repealed (Programme provider may request variation of direction)
45 Section 41A amended (Powers of Registrar on receipt of notice under section 39 or 41)
46 Section 42 replaced (Judge may call respondent or associated respondent before court)
42 Judge may call respondent or associated respondent before court
47 Section 42A amended (Respondent or associated respondent called before court)
48 New cross-heading above section 43 inserted
49 Section 43 amended (Confidentiality of information disclosed to programme provider)
50 New cross-heading above section 44 inserted
51 Section 49 amended (Offence to breach protection order)
52 Section 49A amended (Offence to fail to comply with direction)
53 Section 81 amended (Court may appoint lawyer)
54 Section 127 amended (Regulations)
55 New section 134 inserted (Programmes arranged or in progress immediately before 1 October 2014)
134 Programmes arranged or in progress immediately before 1 October 2014
Part 3Amendments to Family Courts Act 1980
56 Principal Act
57 Long Title repealed
58 Section 1 replaced (Short Title and commencement)
1A Commencement
59 Section 2 amended (Interpretation)
60 New section 3A, new Part 1, and new Part 2 heading inserted
3A Purposes
Part 1Family dispute resolution
3B Family dispute resolution providers
3C Family dispute resolution forms
3D Purpose of family dispute resolution forms
3E Privilege
61 New sections 9A and 9B inserted
9A Role of lawyer appointed to represent child or young person in proceedings
9B Role of lawyer appointed to assist court
62 New section 12A inserted (Evidence)
12A Evidence
63 New Part 3 heading inserted
64 New section 16AA inserted (Regulations relating to family dispute resolution)
16AA Regulations relating to family dispute resolution
65 Section 16B amended (Regulations)
66 New section 16D and new Part 4 heading inserted
16D Regulations relating to payments to professionals
67 Section 17 amended (Certain enactments amended)
68 New section 17A inserted (Repeals)
17A Repeals
69 Section 18 amended (Transitional and savings provisions)
Part 4Amendments to Legal Services Act 2011
70 Principal Act
71 Section 7 amended (Proceedings for which legal aid may be granted: civil matters)
Part 5Amendments to other Acts
Subpart 1—Amendments to Child Support Act 1991
72 Principal Act
73 Section 226 replaced (Appointment of barrister or solicitor to assist court or represent children)
226 Appointment of lawyer to represent child in proceedings
226A Appointment of lawyer to assist court
226B Fees and expenses of lawyer appointed under section 226 or 226A
74 Section 235 amended (Regulations)
Subpart 2—Amendments to Children, Young Persons, and Their Families Act 1989
75 Principal Act
76 Section 137 amended (Court to consider report and make directions)
77 Section 159 amended (Appointment of barrister or solicitor to represent child or young person)
78 Sections 160 and 161 replaced
160 Appointment of lawyer to assist court
161 Further provisions relating to appointment under section 159 or 160
79 Section 162 amended (Payment of barrister or solicitor appointed under section 159 or section 160)
80 New sections 206A and 206B inserted
206A Leave required to commence substantially similar proceedings
206B Power to dismiss proceedings
81 Section 447 amended (Regulations)
Subpart 3—Amendments to Family Proceedings Act 1980
82 Principal Act
83 Section 2 amended (Interpretation)
84 Section 5 repealed (Marriage or civil union guidance or counselling organisations)
85 Part 2 repealed
86 Section 160 amended (Applications may be heard together)
87 Section 162 replaced (Appointment of barrister or solicitor to assist court or represent children)
162 Appointment of lawyer to represent child in proceedings
162A Appointment of lawyer to assist court
162B Fees and expenses of lawyer appointed under section 162 or 162A
88 Section 165 amended (Power of District Court or Family Court to call witnesses)
89 Section 187 amended (Regulations)
90 New section 193 inserted (Transitional provision for counselling or mediation arranged before commencement of subpart 3 of Part 5 of Family Court Proceedings Reform Act 2012)
193 Transitional provision for counselling or mediation arranged before commencement of subpart 3 of Part 5 of Family Court Proceedings Reform Act 2012
91 Schedule 2 amended
Subpart 4—Amendments to Property (Relationships) Act 1976
92 Principal Act
93 Section 22 amended (Jurisdiction)
94 Section 37A amended (Court may appoint lawyer for children)
95 New section 38A and cross-heading inserted
Transfer of proceedings
38A Transfer of proceedings to High Court
96 Section 53 amended (Rules of court and regulations)
Subpart 5—Amendments to Protection of Personal and Property Rights Act 1988
97 Principal Act
98 Section 65 amended (Appointment of barrister or solicitor by court or Registrar)
99 New section 65A inserted (Appointment of lawyer to assist court)
65A Appointment of lawyer to assist court
100 Section 76 amended (Court may call for report on person)
101 Section 78 amended (Power of court to call witnesses)
102 Section 79 amended (Attendance at hearings)
103 Section 88 amended (Procedure on review)
104 Section 112 amended (Regulations)
The Parliament of New Zealand enacts as follows: