Family Court (Family Court Associates) Legislation Bill

Hon Kiritapu Allan

Family Court (Family Court Associates) Legislation Bill

Government Bill

148—1

Contents

Explanatory note
1Title
2Commencement
3Principal Act
4New sections 7A to 7H inserted
7AAppointment of Family Court Associates
7BTerm of appointment of Family Court Associates
7CJurisdiction and powers of Family Court Associates
7DTransfer of proceeding to Family Court Judge
7ERemuneration of Family Court Associates
7FRemuneration of Family Court Associates must not be reduced
7GRestrictions on Family Court Associates
7HImmunity for Family Court Associates
5Section 15A amended (Application of Contempt of Court Act 2019)
6New Schedule 2 inserted
7Principal Act
8Section 7 amended (Consents to adoption)
9Section 8 amended (Cases where consent may be dispensed with)
10Section 23 amended (Inspection of adoption records)
11Section 23A amended (Report on application for inspection)
12Principal Act
13Section 46E amended (Family dispute resolution mandatory before commencement of proceedings)
14Section 46F amended (Family dispute resolution after proceedings commenced)
15Section 46G amended (Counselling after proceedings commenced)
16Section 46O replaced (Judge may direct party to undertake parenting information programme)
46OParty may be directed to undertake parenting information programme
17Section 46P amended (Purpose of settlement conferences)
18Section 46Q amended (Settlement conferences)
19Section 47 amended (Who may apply for parenting order)
20Section 49A amended (Interim parenting order where parent does not have day-to-day care for, or contact with, child)
21Section 59 replaced (Court may order supervised contact)
59Order for supervised contact
22Section 77 amended (Preventing removal of child from New Zealand)
23Section 77A amended (Orders under section 77(3)(c) in respect of children of or over 16 years)
24Section 77B amended (Orders under section 77(3)(c) may be suspended for specified period)
25Section 117 amended (Preventing concealment of whereabouts of child)
26Section 118 amended (Preventing removal of child to defeat application)
27Section 132 amended (Reports from chief executive or social worker)
28Section 134 amended (Distribution, etc, of reports under sections 132 and 133)
29Section 137 amended (Attendance at hearings generally)
30Section 139A amended (Leave required in certain cases to commence substantially similar proceedings)
31Section 141 amended (Power to restrict commencement of proceedings if vexatious proceedings previously instituted)
32Principal Act
33Section 99 amended (Declarations in respect of step-parents)
34Section 103A amended (Appeal in relation to determination or decision under subpart 3 of Part 5A)
35Section 103B amended (Appeal by respondent from determination under Part 6A)
36Section 103C amended (Appeal from determination under Part 6B)
37Section 104 amended (Application for departure from formula assessment in special circumstances)
38Section 105 amended (Matters as to which court must be satisfied before making order)
39Section 106 amended (Orders that may be made)
40Section 107 amended (Implementation of orders)
41Section 117 amended (Suspension orders)
42Section 184 amended (Charging orders)
43Section 185 amended (Charging orders on life insurance policies)
44Principal Act
45Section 51 amended (Paternity orders)
46Section 54 amended (Parentage tests)
47Section 55 amended (Contents of report)
48Section 56 amended (Right of examination)
49Section 57 amended (Refusal of parentage tests)
50Section 91 amended (Reports as to maintenance)
51Section 145F replaced (Power of court to make maintenance orders in respect of children)
145FPower of court to make maintenance orders in respect of children
52Principal Act
53Section 189 amended (Objection process if direction made on application without notice)
54Section 190 amended (Court may confirm or discharge direction after considering objection)
55Section 193 amended (When assessments or determinations need not be undertaken or made)
56Section 194 amended (Order of, and delaying, respondent’s attendance or engagement)
57Section 196 amended (When assessor must refer respondent back to court)
58Section 198 amended (Court may direct respondent to engage with prescribed non-standard service)
59Section 199 amended (Referral to different service provider)
60Section 200 amended (Referral back to court if programme or service to be delayed or inappropriate)
61Section 201 amended (Terms of attendance at or engagement with non-violence programme or prescribed service)
62Section 203 amended (Referral back to court if continued provision no longer appropriate or practicable or affected significantly by non-compliance)
63Section 204 amended (Report and notice of completion and outcome of programme or service)
64Section 206 amended (Powers if matter brought to attention of Judge)
65Section 207 amended (Notice of non-compliance with direction)
66Section 208 amended (Registrar’s response to notice of safety concerns or non-compliance)
67Section 209 replaced (Judge may call respondent before court)
209Family Court Associate or Judge may call respondent before court
68Section 210 replaced (Respondent called before court)
210Respondent called before court
69Principal Act
70Sections 26 and 27 replaced
26Discharge of caveat
27Vexatious caveat
71Principal Act
72Section 39 amended (Place of safety warrants)
73Section 40 amended (Warrant to remove child or young person)
74Section 74 amended (Court may require parties to undergo counselling)
75Section 169 amended (Right to make representations)
76Section 170 amended (Calling of mediation conference)
77Section 201 amended (Adjournments)
78Principal Act
79Section 25 amended (When court may make orders)
80Section 37 amended (Persons entitled to be heard)
81Section 40 replaced (Costs)
40Costs
82Section 42 amended (Notice of interest against title)
83Section 43 amended (Dispositions may be restrained)
84Principal Act
85Section 15 amended (Orders by consent)
86Section 48 amended (Enforcement of manager’s duty to prepare and file statements)
87Section 66 amended (Calling of pre-hearing conference)
88Section 68 amended (Procedure at pre-hearing conference)
89Section 69 amended (Identification of issues)
90Section 70 amended (Power of presiding Judge to make consent orders)
91Section 72 amended (Privilege)
92Principal Act
93Schedule 4 amended
94Principal Act
95Section 10 amended (Declaration as to paternity)

The Parliament of New Zealand enacts as follows: