Family Court Amendment Rules (No 2) 2020

2020/150

Coat of Arms of New Zealand

Family Court Amendment Rules (No 2) 2020

Patsy Reddy, Governor-General

Order in Council

At Wellington this 6th day of July 2020

Present:
The Right Hon Jacinda Ardern presiding 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 (No 2) 2020.

2 Commencement

These rules come into force on 13 August 2020.

3 Principal rules

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

4 Rule 20A amended (Special rules relating to information sheets)

In rule 20A(b), replace “CYPF 4” with “OT 4”.

5 Rule 22 amended (Special rules relating to other documents)

In rule 22(c), replace “67” with “68”.

6 Rule 72 amended (Front page)

In rule 72(4)(b), replace “CYPF 4” with “OT 4”.

7 Rule 276 amended (Applications without notice)

In rule 276(1)(b), replace “declaration under section 67” with “care or protection order under section 68”.

8 Rule 279 amended (Application under section 67 of Act to be accompanied by documents on family group conference)

(1)

In the heading to rule 279, replace “67” with “68”.

(2)

In rule 279(1), replace “declaration under section 67” with “care or protection order under section 68”.

(3)

In rule 279(1)(a), replace “CYPF 3” with “OT 3”.

(4)

In rule 279(2), replace “section 70(2)(a) or (b) or (ba)” with “section 70”.

9 Rule 281 amended (Who must be served with or given copy of certain other applications under Act)

In rule 281(1), replace “declaration under section 67” with “care or protection order under section 68”.

10 Rule 284 amended (Directions as to service)

(1)

In rule 284(2)(a), replace “declaration under section 67” with “care or protection order under section 68”.

(2)

In rule 284(3), replace “declaration under section 67” with “care or protection order under section 68”.

11 Rule 289 amended (Documents filed on family group conference)

In rule 289(a), replace “CYPF 3” with “OT 3”.

12 Rule 294 amended (Judicial conference: how convened)

In rule 294(1)(a)(i), replace “declaration under section 67” with “care or protection order under section 68”.

13 Rule 295 amended (Judicial conference: nature and purpose)

In rule 295(2)(a), replace “declaration under section 67” with “care or protection order under section 68”.

14 Rule 296 amended (Fixing date and time for hearing)

In rule 296(2), replace “declaration that a child or young person is in need of care or protection” with “care or protection order under section 68 of the Act”.

15 Rule 297 amended (Pre-hearing disclosure of evidence)

(1)

In rule 297(3), replace “declaration under section 67” with “care or protection order under section 68”.

(2)

In rule 297(5), replace “declaration under section 67” with “care or protection order under section 68”.

16 Rule 299 amended (Evidence at hearing of certain proceedings generally to be given orally)

In rule 299(1), replace “declaration under section 67” with “care or protection order under section 68”.

17 Rule 300 amended (Consent to order of court)

(1)

In rule 300(2), replace “CYPF 6” with “OT 6”.

(2)

In rule 300(4), replace “CYPF 7” with “OT 7”.

18 Schedule 4 amended

Amend the forms in Schedule 4 as set out in the Schedule of these rules.

Schedule Amendments to Schedule 4 forms

r 18

In the form CYPF 1 heading, replace “CYPF 1” with “OT 1”.

In form CYPF 1, replace “CYPF No” with “FAM No”.

In the form CYPF 2 heading, replace “CYPF 2” with “OT 2”.

In form CYPF 2, replace “CYPF No” with “FAM No”.

In the form CYPF 3 heading, replace “CYPF 3” with “OT 3”.

In form CYPF 3, replace “CYPF 2” with “OT 2”.

In the form CYPF 4 heading, replace “CYPF 4” with “OT 4”.

In form CYPF 4, replace “CYPF No” with “FAM No”.

In the form CYPF 5 heading, replace “CYPF 5” with “OT 5”.

In form CYPF 5, replace “CYPF 2” with “OT 2”.

In the form CYPF 6 heading, replace “CYPF 6” with “OT 6”.

In form CYPF 6, replace “CYPF 1” with “OT 1”.

In the form CYPF 7 heading, replace “CYPF 7” with “OT 7”.

In form CYPF 7, replace “CYPF 2” with “OT 2”.

In form CYPF 7, replace “CYPF 6” with “OT 6”.

In the form CYPF 8 heading, replace “CYPF 8” with “OT 8”.

In form CYPF 8, replace “CYPF 2” with “OT 2”.

In the form CYPF 9 heading, replace “CYPF 9” with “OT 9”.

In form CYPF 9, replace “CYPF 2” with “OT 2”.

In the form CYPF 10 heading, replace “CYPF 10” with “OT 10”.

In form CYPF 10, replace “CYPF 2” with “OT 2”.

In the form CYPF 11 heading, replace “CYPF 11” with “OT 11”.

In form CYPF 11, replace “CYPF 2” with “OT 2”.

In the form CYPF 12 heading, replace “CYPF 12” with “OT 12”.

In form CYPF 12, replace “CYPF 2” with “OT 2”.

In the form CYPF 13 heading, replace “CYPF 13” with “OT 13”.

In form CYPF 13, replace “CYPF 2” with “OT 2”.

In the form CYPF 14 heading, replace “CYPF 14” with “OT 14”.

In form CYPF 14, replace “CYPF 1” with “OT 1”.

In the form CYPF 15 heading, replace “CYPF 15” with “OT 15”.

In form CYPF 15, replace “CYPF 2” with “OT 2”.

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 come into force on 13 August 2020, amend the Family Court Rules 2002 to—

  • remove references to applications for declarations under section 67 of the Oranga Tamariki Act 1989 (the Act) and to add references to applications for care or protection orders under section 68 of the Act:

  • change the numbering of the forms to reflect the Title of the Act:

  • change the file numbers on some of the forms.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 9 July 2020.

These rules are administered by the Ministry of Justice.