Family Court Amendment Rules 2019

2019/230

Coat of Arms of New Zealand

Family Court Amendment Rules 2019

Patsy Reddy, Governor-General

Order in Council

At Wellington this 23rd day of September 2019

Present:
Her Excellency the Governor-General in Council

These rules are made under section 16A of the Family Court Act 1980 on the advice and with the consent of the Executive Council.

Rules

1 Title

These rules are the Family Court Amendment Rules 2019.

2 Commencement

These rules come into force on 29 October 2019.

3 Principal rules

These rules amend the Family Court Rules 2002 (the principal rules).

4 Rule 197 amended (Time and mode of giving judgment)

In rule 197(4)(a)(ii), replace “subclause (4A)” with “rule 206A”.

5 Schedule 9, forms PPPR 7 and PPPR 8 amended

(1)

In Schedule 9, forms PPPR 7 and PPPR 8, under the heading “Notes”, replace the text under the heading “Number of welfare guardians” with:

The court must not appoint more than 1 welfare guardian for any person unless the court is satisfied that it would be in the best interests of the person to do so.

If the court appoints more than 1 welfare guardian for the same person, those welfare guardians must regularly consult each other.

(2)

In Schedule 9, forms PPPR 7 and PPPR 8, under the heading “Notes”, replace “Periodic reviews” with “Periodic review”.

6 Schedule 9, forms PPPR 10 and PPPR 11 amended

In Schedule 9, forms PPPR 10 and PPPR 11, under the heading “Notes”, replace “Periodic reviews” with “Periodic review”.

7 Schedule 9, forms PPPR 12 and PPPR 13 amended

(1)

In Schedule 9, forms PPPR 12 and PPPR 13, under the heading “Notes”, before the heading “Two or more managers”, insert:

Number of welfare guardians

The court must not appoint more than 1 welfare guardian for any person unless the court is satisfied that it would be in the best interests of the person to do so.

If the court appoints more than 1 welfare guardian for the same person, those welfare guardians must regularly consult each other.

(2)

In Schedule 9, forms PPPR 12 and PPPR 13, under the heading “Notes”, replace “Periodic reviews” with “Periodic review”.

Michael Webster,
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 amend the Family Court Rules 2002, come into force on 29 October 2019. The main purpose of these rules is to make amendments that are consequent on amendments made to the Protection of Personal and Property Rights Act 1988 by the Courts Matters Act 2018.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 26 September 2019.

These rules are administered by the Ministry of Justice.