These rules may be cited as the Family Proceedings Rules 1981.

Except as provided in subclause (3), these rules shall come into force on 1 October 1981.

Rule 64 and forms FP 38 and FP 39 shall come into force on a date to be appointed by Order in Council.

Subject to this rule and unless the context otherwise requires, these rules shall apply—

These rules do not apply to—

If in any proceedings any question arises as to the application of any provision of these rules, the court may, either on the application of any party or of its own motion, determine the question and give such directions as it thinks fit.

In these rules, unless the context otherwise requires,—

Where any word or expression in any rule or form in these rules is not defined in these rules but is defined in an Act dealing with the subject matter of that rule or form, that word or expression shall, unless the context otherwise requires, bear in that rule or form the meaning given to it by that Act.

In these rules, a reference to a numbered form is a reference to the form so numbered in Schedule 1.

These rules shall be so construed as to secure the just, speedy, simple, and inexpensive determination of any proceedings.

No practice that is inconsistent with these rules shall prevail in any court.

Subject to subclauses (3) to (5), if any case arises for which no form of procedure is prescribed by the Acts or these rules, the District Courts Rules shall apply, so far as they are applicable and with any necessary modifications, and the general practice of District Courts shall apply.

Notwithstanding subclause (2), a court shall dispose of any case to which that subclause applies in such manner and subject to such modifications as the court thinks best calculated to promote the ends of justice.

Those provisions of the District Courts Rules which are set out in Schedule 2 shall not apply to proceedings under the Acts or either of the Acts.

Where a court is satisfied, in the circumstances of any particular case, that—

the court may give such directions with respect to the procedure and practice to be followed in the case as the court considers necessary to promote the ends of justice.

Every Judge may from time to time give such directions, not inconsistent with any enactment or these rules, as he or she thinks proper for regulating the business of the court over which he or she presides.

Non-compliance with any of these rules shall not render void the proceedings in which the non-compliance has occurred, but the proceedings may, of the court’s own motion or on application made with reference to the non-compliance, be set aside either wholly or in part or amended or otherwise dealt with in such manner or on such terms as the court thinks fit.

The Registrar of every District Court shall keep the following records:

A minute of the decision on each application shall be endorsed on that application, and shall be signed and dated by the Judge or Registrar making the order.

Subject to subclause (2), the following persons may search the records of and the documents filed in the District Court in relation to any proceedings under either of the Acts, namely:

If the Registrar considers that it would contravene a direction given by a Judge to permit a person referred to in subclause (1)(a) or (b) to inspect any particular document, or that there is some other special reason why the person should not search any particular document, he or she may decline to permit that person to search that document.

If a person referred to in subclause (1)(a) or (b) disputes the exercise by the Registrar of the power conferred on him or her by subclause (1) or subclause (2), the Registrar shall, on that person’s request, submit the request to a Judge, whose decision shall be final.

The forms to be used in proceedings under either of the Acts shall be those prescribed in Schedule 1.

Strict compliance with prescribed forms is not necessary and, in particular, it is sufficient if—

Where no form is prescribed, a form may be devised by the parties or by the court, using as guides those prescribed in these rules.

Each sheet of paper used for any form shall be of International size A4.

Each sheet of paper on which the contents of a document are recorded shall have those contents recorded only on one side.

In the case of an application to which rule 18 applies,—

In the case of form FP 7, each sheet of paper shall be coloured any shade of yellow acceptable to the Registrar.

All notices required to be given or served by either of the Acts or by these rules shall be in writing, unless the Acts or these rules otherwise provide or the court in any particular case otherwise directs.

Where an application is made for any order or direction relative to the service of an application upon a respondent, the court or Judge or Registrar hearing the same may require such further information or matter to be stated in the notice to the respondent, and may impose such conditions as seem proper to the court or Judge or Registrar in the circumstances of the particular case.

Subject to subclause (4), every application, notice, order, summons, or warrant shall bear a proper heading.

Subject to subclause (4), the heading, which may be in form FP 6, shall show—

Subclauses (1) and (2) shall apply to every other document, including any affidavit, filed, issued, or served by any party:

Subclauses (1) and (2) do not apply in respect of an application to which rule 18 applies.

Every application for an order under either of the Acts shall be in the appropriate form in Schedule 1.

Multiple applications may be made in a single document (whether it consists of 1 page or of more pages than 1).

Where multiple applications are made in a document—

Subject to rule 16, every application for an order under either of the Acts—

An application on notice shall be in form FP 15.

On the filing of any application to which subclause (3) applies, the Registrar shall issue, for service on the respondent,—

This subclause applies to every application under section 72(2) or section 73(2) of the Care of Children Act 2004 seeking a warrant directing that a child be delivered—

Every application to which subclause (6) applies must be accompanied by a written statement indicating what arrangements are being made for the child to be delivered to the applicant after execution of the warrant.

An order may be made, a warrant may be issued, or an authorisation may be granted, as the case may be, on an ex parte application under the following sections:

In any other case, an order may be made upon application ex parte—

Every ex parte application shall be in form FP 20.

Every ex parte application referred to in—

shall be accompanied by an affidavit made by the applicant or some other person deposing to the matters on which the application is based.

Any person against whom an order has been made ex parte under subclause (2) may at any time apply to rescind or vary the order.

This subclause applies to every application under section 72(2) or section 73(2) of the Care of Children Act 2004 seeking a warrant directing that a child be delivered—

Every application to which subclause (7) applies must be accompanied by a written statement indicating—

If an ex parte application is one upon which an appearance is necessary or required, the Registrar shall fix a date and time for its hearing and shall inform the applicant of the date and time so fixed.

If an order is made on an application on which no appearance is necessary or required by the applicant, the Registrar shall immediately inform the applicant of the terms of the order.

Every application (including an ex parte application, where such an application is permissible), being—

shall be accompanied by a duly completed information sheet in form FP 7, which shall, where that application is to be served, be served with that application.

Subclause (1) shall apply to an application, notwithstanding that more than 1 form of relief or more than 1 order is claimed or sought in the document in which the application is made.

Except where by either of the Acts or these rules it is otherwise provided, any application by which proceedings under either of the Acts are commenced may be filed—

Where—

there shall be filed with the latest application a document showing—

Any party to an application may, by the document filed under subclause (1) or by a document filed separately at any time, request the transfer to the court in which the latest application is filed of all documents relating to any such previous application.

The Registrar may, and shall, on receipt of a request under subclause (2) or by direction of a Judge, take all necessary steps to have the documents relating to any such previous application transferred.

The Registrar may refuse to file any proceedings which in his or her opinion are tendered for filing in the wrong court:

Where proceedings are commenced in the wrong court, a Judge, on such terms and conditions as he or she thinks fit, may either—

Subject to subclause (2), no objection shall be taken at the hearing or at any subsequent proceedings on the ground that the proceedings were filed in the wrong court.

When a maintenance order is applied for under the Family Proceedings Act 1980, both the applicant and the respondent may file in the court a statutory declaration in form FP 21 at any time, and shall, except where the maintenance order is applied for under Part 8 of that Act, file such a declaration in the court not later than the date of the hearing of the application if they have not already done so.

Where a party files a declaration in form FP 21, that party shall, except where the maintenance order is applied for under Part 8 of the Family Proceedings Act 1980, serve a copy of the declaration on the other party or his or her solicitor.

The court may dispense with the filing by the applicant or the respondent or both of a declaration or declarations under subclause (1).

Failure to comply with a requirement to file a declaration under subclause (1) may be treated by the court as if it were failure to comply with an order made under rule 48(2).

Subject to subclause (2), in any proceedings under either of the Acts the respondent may, within 21 days after service on the respondent of the application and notice, file in the court and serve on the other party or the other party’s solicitor a notice of defence in form FP 22.

Where a respondent resides outside New Zealand, or where there is substituted service, the time after service within which the respondent may file a notice of defence to the application shall, on application by the applicant, be fixed by the court or a Judge or a Registrar.

Where a respondent intends to claim relief under section 168 of the Family Proceedings Act 1980, the notice of defence of that respondent shall conclude with a request for the relief to which the respondent claims to be entitled.

A notice of defence may be amended in accordance with rule 52 by the addition of a request for relief under section 168 of the Family Proceedings Act 1980.

Notwithstanding rule 27, unless the court otherwise directs—

This rule applies to a respondent who—

If the respondent appears on the day of the hearing of the application to oppose or support the application, the Judge must decide whether it is in the interests of justice to allow the respondent to be heard.

In deciding, for the purpose of subclause (2), whether to allow the respondent to be heard in relation to the application, the Judge must take into account the following matters:

The Judge may—

If the Judge allows the respondent to be heard in relation to the application, the Judge may—

If the Judge declines to allow the respondent to be heard, the Judge may proceed with the hearing of the application as if the respondent had not appeared.

Any application in the course of proceedings shall be filed in the court in which the proceedings were commenced or to which they have been transferred, or transferred for hearing, as the case may require.

Where any application, other than an application under section 32 or section 37 of the Family Proceedings Act 1980, has been made under either of the Acts—

Where a notice of defence to an application under either of the Acts, other than an application under section 32 or section 37 of the Family Proceedings Act 1980, has been filed, the application shall be set down for hearing on the filing of an application for a fixture in form FP 23, and not otherwise.

Notwithstanding subclause (1), the Registrar may set the application down for hearing where the application is signed by one party alone if the Registrar is satisfied that the other party or parties have refused to sign the application and that the refusal in the circumstances is unreasonable.

Where the Registrar sets the application down for hearing pursuant to subclause (2), the Registrar shall endorse the application accordingly.

The Registrar shall give notice of the time and date of the hearing to the parties.

Where a notice of defence to an application under either of the Acts, other than an application under section 32 or section 37 of the Family Proceedings Act 1980, has not been filed,—

If a Judge of any court is satisfied that any proceedings in that court can be more conveniently or fairly dealt with in some other court, he or she may order them to be transferred to that other court.

If a Judge of any court is satisfied that any application filed in that court can be more conveniently or fairly heard in some other court, but that the application should remain an application to the first-mentioned court, he or she may order that the hearing of the application shall take place in that other court.

Any transfer authorised by rule 34 or rule 35 may be made by the Judge of his or her own motion, or on the application of any party on not less than 3 days’ notice.

Where all parties consent, the order may be made by the Registrar.

The order shall be endorsed on the application, and notice of the transfer shall be given to all parties.

Where a transfer of any proceedings is ordered, the Registrar of the District Court shall send to the Registrar of the other District Court all the documents in his or her custody relating to the proceedings. The Registrar of the court to which the proceedings are transferred shall enter the proceedings in the records of the court, and the proceedings shall continue as if they were originally filed in that court.

Where a transfer of hearing is ordered,—

Rule 37(1) shall apply with any necessary modifications to the transfer of proceedings to the High Court under either of the Acts.

If no other person is required to do so by either of the Acts or these rules, the Registrar must serve, or cause to be served, without delay, the following documents:

The Registrar may serve, or cause to be served, any other document that he or she considers should be served in any proceedings under the Act.

A document required by either of the Acts or these rules to be served on a person in a particular manner must be served on the person in that manner, regardless of rules 41 to 47A.

A document not required by either of the Acts or these rules to be served on a person in a particular manner may be served on the person by—

If all reasonable efforts have been made to serve documents in a manner required or (as the case requires) a manner permitted by these rules, but the documents have not been served in that manner, in certain circumstances a Judge may, under rule 47B, make an order for substituted service (that is, an order dispensing with, or changing, the service required by these rules).

A document that must be served personally may be served by—

No party may effect personal service, but the party may be present when service is effected.

Personal service of a document may be effected by leaving the document with the person to be served or, if that person does not accept it, by putting it down in that person’s presence and bringing it to that person’s attention.

Service of a document on a person may be effected by serving it on a lawyer who accepts service of it on behalf of the person.

A lawyer accepts service of a document if the lawyer—

If a lawyer accepts service of a document on behalf of a person, the document must, unless the contrary is proved, be treated as served on the date on which the lawyer signed the note.

Subject to subclause (2), each party in a proceeding, unless he or she has sooner given his or her address for service in accordance with that subclause, must give an address for service at the end of the first document filed by him or her or on the information sheet filed under rule 18.

A party (other than the party who is commencing proceedings) may give an address for service by stating it in a notice filed in the court and by serving a copy of the notice on each other party to the proceedings.

Any address for service may from time to time be altered by reasonable notice to the Registrar and to each other party to the proceedings.

If a party has no address for service, the Judge or the Registrar may direct that a particular address is the party’s address for service.

Any person, other than a party to the proceedings, who is given or served with a document in the proceedings must give an address for service at the end of the first document filed by, or on behalf of, that person in the proceedings.

A document may be served at an address for service by leaving the document at that address between 9 am and 5 pm.

If an address for service given by a party under these rules is the office of a lawyer acting for the party, and the lawyer has a post office box address, a document exchange box number, or an electronic address, a document may be served on the party by—

A document posted under rule 46(a) must, unless the contrary is proved, be treated as having been served on the earlier of—

A document left at a document exchange under rule 46(b) must, unless the contrary is proved, be treated as having been served on the earlier of—

A document transmitted under rule 46(c)—

A document transmitted under rule 46(c) must be treated as having been received in a complete and legible form unless—

A lawyer to whom a document is transmitted under rule 46(c) must, promptly after receiving the document, give the person who served the document—

A notice under subclause (1) may be—

Subject to section 157 of the Family Proceedings Act 1980, a person may, by an interlocutory application, apply for an order for substituted service if—

In response to the application, the Judge may, if satisfied of the matters specified in subclause (1)(a) to (c), make—

If the court makes an order for substituted service requiring that a document be brought to the notice of the person to be served by an advertisement, the advertisement must be in form FP 25.

Proof that a document has been served personally on a person may be given by—

If the person on whom the document was served is personally known to the person who makes the affidavit of service, that affidavit must set out the circumstances that enable the deponent to state the deponent’s personal knowledge of the person served.

If the person served is not personally known to the person who makes the affidavit of service, the identity of the person served—

If a document is served by an officer of the court or a constable or a Police employee, the service may be proved—

Proof that a document has been served (by substituted service) by publishing an advertisement in 1 or more newspapers must be given by an affidavit of advertising in form FP 27.

The service of a document by substituted service in any other way may be proved—

An affidavit of service of a document need not have a copy of the document attached to it as an exhibit if—

Despite rule 47C(4)(a)(ii), a certificate of service under that rule need not have a copy of the document attached to it if—

The court may direct a party to attach a copy of a document to an affidavit of service or a certificate of service.

A direction under subclause (3) overrides subclauses (1) and (2).

The Registrar must, as soon as practicable after the making of any order under either of the Acts, take all reasonable steps to serve a copy of the order on the parties.

If a party is represented by a lawyer, service of a copy of the order on his or her lawyer is deemed to be service on that party.

If any party is not represented by a lawyer, service may be effected by—

If service cannot be effected under subclause (3) because no address for service or electronic address has been given by the party, and the party resides in New Zealand, service may be effected by sending a copy of the order by a letter that is—

If service cannot be effected under subclause (3) because no address for service or electronic address has been given by the party, and the party resides overseas, service may be effected by sending a copy of the order by a letter that is—

If either party requires further particulars, he or she may, at any time before the hearing give notice to the other party requiring him or her, within 7 days after service of the notice, to file and serve such further particulars as the party giving the notice specifies, being particulars that suffice to ensure that the court and the party giving the notice are fully and fairly informed of the matters relied on by the party to whom the notice is given.

Notwithstanding anything in subclause (1), a Judge may at any time order any party to file and serve—

If any party fails to comply with any such notice or order, the following provisions shall apply:

Where a notice of defence has been filed, any party may apply to the court for an order for discovery on oath of the documents which are or have been in the possession or power of the other party relating to any matter in question in the proceedings. The application shall be accompanied by an affidavit specifying the extent of the discovery required and the reasons for the discovery.

The order shall be in form FP 28 and shall be served by the applicant on the party against whom it is issued.

A party against whom an order for discovery is issued shall, within 7 days after the service of the order, or within such further time as the court, on application, may order,—

The Registrar may, on the request in writing of the applicant at any time before the service of the application, amend any application.

The court may, either upon or without the application of either party and at any stage of the proceedings,—

and all such amendments as may be necessary for the purpose of determining the real question in dispute between the parties may be made, and the proceedings shall continue in all respects as if they had been commenced in the form in which they appear after the amendment has been made.

An applicant may file and serve an amended application and a respondent may file and serve an amended notice of defence—

When an application or notice of defence is amended, the court may, at the hearing, adjourn the hearing for such time and on such terms as may be just.

Clerical mistakes in judgments or orders, or errors arising therein from any accidental slip or omission, may at any time be corrected by the court or a Judge or a Registrar.

Where by either of the Acts or by these rules any application in the course of any proceedings is expressly or by implication authorised to be made to the court or to the Judge or to the Registrar, then, subject to the provisions of the particular section of the Act or rule applicable thereto, the following provisions shall apply:

The jurisdiction of the court to hear any application in the course of proceedings may be exercised by the Registrar, unless there is provision to the contrary in either of the Acts or these rules.

Subject to these rules, any of the times fixed by these rules for—

may be enlarged or abridged by consent of both parties or by the court on the application of either party.

An order enlarging time may be made although the application for the order is not made until after the expiration of time allowed or appointed.

An order enlarging or abridging time may be varied by the court on the application of either party.

No order enlarging time may be made where it appears that the application for the order was made with the principal object of delaying the proceedings to the detriment of the other party.

Registration under section 136 of the Family Proceedings Act 1980 of a certified copy of an order shall be effected by the entry of the particulars thereof in the Family Proceedings Records of the court.

The Registrar shall—

The Registrar of the court in which an order is registered under section 136 of the Family Proceedings Act 1980 shall cause notice of the registration in form FP 34 to be served on the respondent.

The failure to serve any such notice shall not affect the validity of the registration or any proceedings in relation to the order.

Where a provisional order is made under section 147 of the Family Proceedings Act 1980, the order shall be drawn up in form FP 35.

The statement under section 147(6)(c) of the Family Proceedings Act 1980 of the grounds on which the making of the order might have been opposed may be in the form of a certificate signed by the Judge hearing the application.

The summons to be issued under section 138(3)(a) or section 139(3) of the Family Proceedings Act 1980 shall be in form FP 36.

The warrant for the arrest of a respondent to be issued under section 138(3)(b) of the Family Proceedings Act 1980 shall be in form FP 37.

The summons to be issued under section 145J(1)(b) of the Family Proceedings Act 1980 shall be in form FP 38.

The warrant for the arrest of a respondent to be issued under section 145J(2) of the Family Proceedings Act 1980 shall be in form FP 39.

If under section 138 or section 139 of the Family Proceedings Act 1980 the provisional order is confirmed, the order to that effect shall be in form FP 40.

When the court has heard the application for confirmation of any provisional order under section 138 or section 139 of the Family Proceedings Act 1980, the Registrar shall send to the court which made the provisional order—

If the order has been confirmed (with or without modification) the copy of the confirming order shall be accompanied by a copy of any order for the payment of a sum for past maintenance pursuant to section 138(9) of the Family Proceedings Act 1980.

A decision that the order be not confirmed shall give the reasons for the decision.

If the decision is that the case be remitted for the taking of further evidence, a notice setting out the matters upon which further evidence is required shall be sent to the court that made the provisional order.

All payments due under any order registered or confirmed under the Family Proceedings Act 1980, except an order confirmed under section 139 of that Act, shall, unless the person to whom any money is payable in accordance with the order otherwise elects under section 70 of the Child Support Act 1991, be paid to the Commissioner of Inland Revenue in accordance with the Child Support Act 1991.

The court may at any stage of the proceedings order the production by any party thereto of any documents in his or her possession, custody, or power relating to any question in the proceedings, and the court may deal with the documents when produced in such manner as may be just.

If any party fails to comply with an order made under subclause (1), the following provisions shall apply:

The pendency of any examination under rule 378 of the District Courts Rules, as applied to proceedings to which these rules apply, shall not suspend or prevent the exercise by any Judge or Registrar of any power or jurisdiction which he or she would otherwise possess in respect of the application.

Subject to section 150 of the Family Proceedings Act 1980, where in any proceedings under either of the Acts, the evidence of any person is to be taken outside New Zealand, that evidence may be taken in accordance with the rules of the High Court of New Zealand for the time being governing the examination of witnesses out of New Zealand.

The court may, for the purpose of doing justice between the parties and any other persons likely to be affected by the proceedings, from time to time adjourn the hearing of any proceedings from court to chambers and from chambers to court.

In any proceedings in which the Judge is required, or desires, to ascertain the wishes of any child, he or she may order that any party to the proceedings and the barristers or solicitors for any party or for the child be excluded from the hearing for so long as may be necessary for such ascertainment or may otherwise direct when and where he or she will ascertain the wishes of the child.

Where the Registrar is authorised under these rules to hear and determine any proceedings or to exercise any other jurisdiction, he or she shall, within the limits of that authority and subject to any right of review by a Judge under these rules, have all the powers of a Judge; and any order by the Registrar under these rules shall have the same effect, and be enforceable in the same manner, as if it were an order of a Judge.

Nothing in this rule shall authorise the Registrar to commit any person to a prison or to enforce any order by committal.

Any order made by a Judge may be signed by the Registrar in his or her own name and description.

Where a respondent is arrested and brought before the court on a warrant issued other than in respect of an offence, subclauses (2) to (8) shall apply.

The court before whom the respondent is brought may adjourn the hearing to a time and place to be appointed, and may thereupon—

Any such adjournment, bail, or remand may be extended or renewed from time to time by the court until the proceeding in respect of which the warrant was issued is finally disposed of by the court.

Where a respondent is remanded in custody without bail being granted, or where the respondent is granted bail but the bond is not entered into immediately, the Registrar shall issue a warrant in form FP 41. Where bail has been granted, he or she shall certify on such warrant the terms of the bail.

A bond to be taken under subclause (2) shall be in form FP 42 and may be entered into before any Judge or Registrar. It shall not be necessary for all parties to be present at the same time or at the same place, and more than 1 form of bond may be signed. The Registrar of the court shall give to the parties entering into any such bond notice of its terms.

Where all the parties to a bond have entered into it, then, if a warrant has been issued under subclause (4), a warrant of deliverance in form FP 43 may be issued by any Judge or Registrar who knows that all the parties to the bond have entered into it and the warrant may be sent to the manager of the prison in which the respondent is detained.

Where—

any Judge may issue a warrant to arrest the respondent and bring him or her before a court.

If a respondent who has been released on bail fails to comply with the bond, section 39 of the Bail Act 2000, as far as it is applicable and with the necessary modifications, shall apply.

The Registrar shall send to the Commissioner of Inland Revenue a certified or sealed copy of—

Every witness attending a court upon a witness summons, and every other person giving evidence in the course of the proceedings, shall be entitled as against the party calling him or her to a sum for his or her fees, allowances, and travelling expenses in accordance with the Witnesses and Interpreters Fees Regulations 1974:

The rules and orders specified in Schedule 3 are hereby revoked.

The rules specified in Schedule 4 cease to have effect on 1 October 1981 by virtue of the repeal on that date of the Matrimonial Proceedings Act 1963 by section 189(1) of the Family Proceedings Act 1980.

All proceedings that have been commenced under Part 2 or Part 4 of the Matrimonial Proceedings Act 1963 and are pending at the commencement of these rules may be continued, completed, and enforced under the Matrimonial Proceedings Rules 1964 as if those rules were still in force.

Subclause (3) shall apply in respect of all proceedings (not being criminal proceedings)—

Proceedings specified in subclause (2) may be continued, completed, and enforced—

The Domestic Proceedings Rules 1969 or the Matrimonial Proceedings Rules 1964, as the case may be, shall apply to every application (being an application for variation of a maintenance order) made, pursuant to section 192(5) of the Family Proceedings Act 1980, under section 47 of the Matrimonial Proceedings Act 1963 or under section 85 of the Domestic Proceedings Act 1968 as if those rules were still in force.

Where any money payable under a maintenance order made before 1 October 1981 is directed by the order to be paid to a Maintenance Officer at a specified place, either the person for whose maintenance the money is payable under the order or the person against whom the order was made may request the Registrar of the court to vary the order by directing that the payments shall thereafter be made to a Maintenance Officer at any office of the department that is, with the authority of the Prime Minister, for the time being responsible for the administration of the Social Security Act 2018, or in some other manner specified by section 93(2) of the Family Proceedings Act 1980.

A Registrar to whom a request is made under subclause (1) may vary the maintenance order accordingly.

Where a Registrar decides to vary a maintenance order under this rule, he or she shall endorse and sign a memorandum of his or her decision and of the date of the decision on a copy of the maintenance order, and the maintenance order shall be deemed to be varied accordingly.

A party who is affected by a decision of a Registrar under this rule may apply to any Judge to vary or rescind the decision, and on hearing the application the Judge may confirm, vary, or rescind the decision.

The provisions of these rules, as supplemented or modified by the provisions of this Part, shall apply in respect of the enforcement, pursuant to section 259 of the Child Support Act 1991, of the liability of any person to pay maintenance under the Family Proceedings Act 1980 which is due but unpaid at the close of 30 June 1992.

An order may be made, or, as the case may be, a warrant may be issued, on an ex parte application under the following sections of the Family Proceedings Act 1980:

An ex parte application under section 134 of the Family Proceedings Act 1980 shall be in form FP 62.

The Registrar shall note on any request for the issue of a warrant to seize property the precise time of the request.

Any warrant to seize property issued shall bear an endorsement by the Registrar of the precise time of the request.

Where more than 1 warrant to seize property is issued against the same person, the warrants shall be executed in the order of the times noted under subclause (1).

Any warrant issued under section 103 of the Family Proceedings Act 1980 shall rank in order of priority with any warrant to seize property issued under the District Courts Rules.

In its application to the enforcement, pursuant to section 259 of the Child Support Act 1991, of the liability of any person to pay maintenance under the Family Proceedings Act 1980 which is due but unpaid at the close of 30 June 1992, rule 74 applies subject to sections 127(3) and 128(6) of the Family Proceedings Act 1980.

Where pursuant to section 121 of the Family Proceedings Act 1980 any person other than Public Trust or the Māori Trustee or a trustee company within the meaning of the Trustee Companies Act 1967 is appointed to be a receiver of any property to which the respondent is entitled, he or she shall, before acting as receiver, give security to the satisfaction of the Registrar for the due administration of his or her receivership.