Family Courts Amendment Rules (No 3) 2013

2013/414

Coat of Arms of New Zealand

Family Courts Amendment Rules (No 3) 2013

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 30th day of September 2013

Present:
His Excellency the Governor-General in Council

Pursuant to section 16A of the Family Courts Act 1980, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following rules.

Rules

1 Title

  • These rules are the Family Courts Amendment Rules (No 3) 2013.

2 Commencement

  • These rules come into force on 14 April 2014.

3 Principal rules
4 Rule 270 amended (Order of priority of distress warrants)

  • (1) Replace the heading to rule 270 with “Order of priority of warrants to seize property”.

    (2) In rule 270(1), (2), and (3), replace “distress warrant” with “warrant to seize property”.

    (3) Replace rule 270(4) with:

    • “(4) A warrant issued under section 183 of the Act must rank in order of priority with a warrant to seize property issued under the District Courts Rules 2009.”

5 Rule 324 replaced (Enforcement of occupation orders and tenancy orders: District Courts Rules 2009 apply)

  • Replace rule 324 with:

    “324 Enforcement of occupation orders and tenancy orders: District Courts Rules 2009 apply

    • DCR 15.65 (which relates to warrants for the recovery of land) applies, so far as applicable and with all necessary modifications, to the enforcement of occupation orders and tenancy orders made under the Act.”

6 Rule 325 replaced (Enforcement of ancillary furniture orders and furniture orders: District Courts Rules 2009 apply)

  • Replace rule 325 with:

    “325 Enforcement of ancillary furniture orders and furniture orders: District Courts Rules 2009 apply

    • DCR 15.61 (which relates to warrants for the recovery of chattels) applies, so far as applicable and with all necessary modifications, to the enforcement of ancillary furniture orders and furniture orders made under the Act.”

7 Rule 374 amended (Order of priority of distress warrants)

  • (1) Replace the heading to rule 374 with “Order of priority of warrants to seize property”.

    (2) In rule 374(1), (2), and (3), replace “distress warrant” with “warrant to seize property”.

    (3) Replace rule 374(4) with:

    • “(4) A warrant issued under section 103 of the Family Proceedings Act 1980 must rank in order of priority with a warrant to seize property issued under the District Courts Rules 2009.”

8 Schedule 3, form CS 29 amended

  • (1) In Schedule 3, replace the heading to form CS 29 with “Request for issue of warrant to seize property”.

    (2) In Schedule 3, form CS 29, replace “warrant of distress” with “warrant to seize property”.

9 Schedule 3, form CS 30 amended

  • (1) In Schedule 3, replace the heading to form CS 30 with “Warrant to seize property”.

    (2) In Schedule 3, form CS 30, paragraph headed “Restriction on sale”, replace “5 days” with “7 days”.

10 Schedule 6, form FP 42 amended

  • (1) In Schedule 6, replace the heading to form FP 42 with “Request for issue of warrant to seize property”.

    (2) In Schedule 6, form FP 42, replace “warrant of distress” with “warrant to seize property”.

11 Schedule 6, form FP 43 amended

  • (1) In Schedule 6, replace the heading to form FP 43 with “Warrant to seize property”.

    (2) In Schedule 6, form FP 43, fourth paragraph, delete “(or to the Registrar of the court at [place])”.

    (3) In Schedule 6, form FP 43, paragraph headed “Restriction on sale”, replace “5 days” with “7 days”.

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 14 April 2014, amend the Family Courts Rules 2002.

The amendments are consequential on the District Courts Amendment Act 2011.

The amendments—

  • replace references to distress warrants with references to warrants to seize property; and

  • extend the time that must elapse before goods seized under a warrant may be sold from 5 days to 7 days; and

  • update cross-references to provisions in Part 15 of the District Courts Rules 2009, as amended by the District Courts (Civil Enforcement) Amendment Rules 2013.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 3 October 2013.

These rules are administered by the Ministry of Justice.