Hon Judith Collins
Government Bill
90—3A
As reported from the committee of the whole House
Bill note
Key
1 Title
2 Commencement
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
5A Domestic violence to be taken into account
5 Section 7 replaced (Lawyer to act for child)
7 Appointment of lawyer to represent child in proceedings
7A Lawyers acting for parties
7B Duties of lawyer when giving advice
6 Section 8 amended (Interpretation)
6A Section 23 amended (Appointment of eligible spouse or partner of parent as additional guardian)
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8 Sections 44 to 46 and cross-heading above section 44 repealed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 46L and cross-headings inserted
46C Certain children may seek review of parent's or guardian's decision or refusal to give consent
Family dispute resolution
46CA Meaning of family dispute resolution
46CB Family dispute resolution mandatory before commencement of proceedings
46D Family dispute resolution after proceedings commenced
Counselling
46E Counselling after proceedings commenced
46EA Approval of counselling organisation
46EB Suspension or cancellation of approval of counselling organisation
46F Duties of approved counselling organisation
46FA Appointment of counsellors
46G Privilege
46GA Number of sessions of counselling
46H Counselling fees and expenses
Parenting information programmes
46I Judge may direct party to undertake parenting information programme
Settlement conferences
46J Purpose of settlement conferences
46K Settlement conferences
Guardianship disputes
46L Disputes between guardians
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 Interim parenting order where parent does not have day-to-day care for, or contact with, child
49AB Interim parenting order may become final order on specified date
49B Final parenting orders
13 Section 51 amended (Court must consider protective conditions in certain cases)
13A Section 55 amended (Content and explanation of parenting orders)
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
19A Section 102 amended (Child abducted from New Zealand)
19B Section 112 amended (Child outside New Zealand)
19C Section 125 amended (Jurisdiction of courts)
20 Section 130 replaced (Counsel to assist court)
130 Appointment of lawyer to assist court
21 Section 131 replaced (Costs of court-appointed counsel)
131 Fees and expenses of lawyer appointed under section 7 or 130
21A New section 131A inserted (Advice from chief executive or social worker)
131A Advice from chief executive or social worker
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 reimbursement of costs payments
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 in certain cases 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)
28A Section 142 amended (Costs)
28B Section 143 amended (Appeals to High Court)
28C Section 145 amended (Appeal to Court of Appeal)
28D Section 146 amended (Rules of court)
29 Section 147 amended (Regulations)
30 Section 148 amended (Other Acts not affected)
31 Section 152 amended (Repeal)
31 Section 152 replaced (Repeal)
152 Repeals
31A Cross-heading above section 153 replaced
Saving and transitional provisions on enactment of this Act
32 New section 165 and cross-heading inserted
Transitional provision applying on enactment of Part 1 of Family Court Proceedings Reform Act 2013
165 Proceedings commenced before commencement of this section but not completed
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Legislative history
The Parliament of New Zealand enacts as follows: