Children, Young Persons, and Their Families Amendment Rules 2009

2009/188

Crest

Children, Young Persons, and Their Families Amendment Rules 2009

Rt Hon Dame Sian Elias, Administrator of the Government

Order in Council

At Wellington this 29th day of June 2009

Present:
Her Excellency the Administrator of the Government in Council

Pursuant to section 448 of the Children, Young Persons, and Their Families Act 1989, Her Excellency the Administrator of the Government, acting on the advice and with the consent of the Executive Council, makes the following rules.

Rules

1 Title

  • These rules are the Children, Young Persons, and Their Families Amendment Rules 2009.

2 Commencement

  • These rules come into force on 3 August 2009.

3 Principal rules amended
4 Notice of intention to appear

  • Rule 20 is amended by revoking subclauses (4) and (5).

5 New rule 20A inserted

  • The following rule is inserted after rule 20:

    “20A Non-compliance with rule 20

    • “(1) This rule applies to a party who—

      • “(a) is served with an application; and

      • “(b) fails to file and serve a notice of intention to appear within the time specified in or under rule 20.

      “(2) If the party 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 party to be heard.

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

      • “(a) any reason given by the party for failing to comply with rule 20; and

      • “(b) the effect of the party's failure to comply with rule 20 on—

        • “(i) the other parties to the proceeding:

        • “(ii) the management of the proceeding.

      “(4) The Judge may—

      • “(a) allow the party to be heard in relation to the application on such terms as the Judge thinks fit; or

      • “(b) decline to allow the party to be heard.

      “(5) If the Judge allows the party to be heard in relation to the application, the Judge may—

      • “(a) either—

        • “(i) proceed with the hearing of the application in accordance with any directions that the Judge thinks fit; or

        • “(ii) adjourn the hearing of the application and give any directions about the adjourned hearing that the Judge thinks fit; and

      • “(b) make an order against the party for costs properly incurred in consequence of his or her failure to comply with rule 20.

      “(6) If the Judge declines to allow the party to be heard, the Judge may proceed with the hearing of the application as if the party had not appeared.”

Rebecca Kitteridge,
Clerk of the Executive Council.

Explanatory note

This note is not part of the rules, but is intended to indicate their general effect.

These rules, which come into force on 3 August 2009, insert a new rule 20A in the Children, Young Persons, and Their Families Rules 1989. New rule 20A sets out the options available to a Judge where a party appears at the hearing of an application without having filed a notice of intention to appear within the time specified. These options include declining to allow the party to be heard and proceeding with the hearing as if the party had not appeared.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 2 July 2009.

These rules are administered by the Ministry of Social Development.