These rules may be cited as the Domestic Violence Rules 1996.

These rules shall come into force on 1 July 1996.

Subject to subclauses (2) and (3), and unless the context otherwise requires, these rules apply to all proceedings under the Domestic Violence Act 1995.

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 that question and give such directions as it considers appropriate.

In these rules, unless the context otherwise requires,—

In these rules, unless the context otherwise requires,—

Where any expression used in these rules is not defined in these rules but is defined in the Act, then unless the context otherwise requires, that expression has, in these rules, the meaning given to it in the Act.

These rules must be so construed as—

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

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

Subject to subclauses (2) and (3) and to rule 7, if any case arises for which no form of procedure is prescribed by the Act or these rules,—

Notwithstanding subclause (1), a court must dispose of any case to which that subclause applies in such manner and subject to such modifications as the court thinks best calculated—

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

the court may give such directions with respect to the procedure and practice to be followed in the case as the court considers necessary—

Those provisions of the District Courts Rules that are set out in Schedule 2 do not apply to proceedings under the Act.

Non-compliance with any of these rules does not render void the proceedings in which the non-compliance has occurred, but the court may, of its own motion or on application made with respect to the non-compliance,—

The forms to be used in proceedings under the Act are those set out in Schedule 1.

Any prescribed form may be varied where the circumstances of a particular case require.

Without limiting the generality of subclause (2),—

Strict compliance with prescribed forms is not necessary, and substantial compliance, or such compliance as the particular circumstances of the case allow, is sufficient.

Where there is no prescribed form, the parties or the court may devise an appropriate form, using as guides the forms prescribed by these rules and the District Courts Rules.

Each sheet of paper used for any form or document to be filed must be of International size A4.

In the case of each prescribed form that is an application,—

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

The contents of each document must be—

All notices required to be given or served by the Act or by these rules must be in writing unless—

Unless any prescribed form otherwise requires, every application, notice, order, summons, or warrant must have, on the first page, a general heading (which may be in form DV 1) that shows,—

Unless any prescribed form otherwise requires, and subject to rules 22 and 45, all other documents that are filed, issued, or served in proceedings under the Act must have on the first page a general heading that complies with subclause (1), except that, where it is not necessary to distinguish between 2 or more persons,—

Subject to sections 13, 60, and 70 of the Act and to rules 14, 59, and 64(1), every person against whom an application is made must be given notice of the application.

Nothing in subclause (1) prevents a person who makes an application on notice from applying for an abridgement of time in accordance with rule 66.

Subject to the Act and to subclauses (2) and (3), an application may be made without notice to the persons against whom the application is made if—

The following applications made in relation to a protection order must be made on notice, if the application is made by the respondent or an associated respondent:

The following applications made in relation to a property order must be made on notice, if the application is made by the respondent:

Nothing in subclause (2) or subclause (3) prevents a respondent or associated respondent from applying for an abridgement of time in accordance with rule 66.

Nothing in subclause (2) or subclause (3) limits rule 59.

An application (whether on notice or without notice) for any of the following orders, or for any 2 or more of those orders, must be in form DV 2:

Every application to which this rule applies must be filed together with such number of copies of the application and the information sheet as the Register directs as being required for service.

Except as otherwise provided in these rules, an application on notice (other than an application to which rule 15 applies),—

Every such application must,—

Except as otherwise provided in these rules, an application without notice (other than an application to which rule 15 applies) must be in form DV 8.

Every such application must,—

An application under section 22(2) or section 22(3) of the Act (which relate to the standard condition relating to weapons) must be in form DV 9.

Without limiting rule 15, multiple applications for orders (other than any order to which rule 15 applies) may be made in a single document.

Where multiple applications are made in a single document,—

Subject to rules 22 and 45, a duly completed information sheet must be filed with every application to which rule 15 applies.

Where the application is to be served, a copy of the information sheet must be served with the application.

An affidavit in form DV 3, by or on behalf of the applicant, and deposing to the matters on which the application is based, must be filed with every application for a protection order or a property order, or both.

Where an applicant for a protection order wants his or her residential address to be kept confidential from the respondent or associated respondent, the applicant must file with his or her application a notice in form DV 4—

Where the applicant changes his or her address as shown on a notice filed in accordance with subclause (1), the applicant may, by notice in form DV 4, notify that change of address to the Registrar.

A notice in form DV 5 must be filed with every application for a protection order.

Where any protection order or property order is to be used in support of an application, then, unless the Registrar otherwise directs, a copy of the order, or a copy of a copy of the order, must be filed with the application.

This rule applies where—

Where this rule applies, the latest application must contain a statement showing—

Any party to an application may request in writing the transfer to the court in which the latest application is filed of all documents relating to the previous application.

The Registrar may, and must on receipt of a request under subclause (3) or if directed to do so by a Judge, take all necessary steps to have the documents relating to the previous application transferred.

Subject to subclause (4), every application without notice for a protection order or a property order, or both, and that is not intended to be made by the party applying in person, must include a certificate, signed by that party’s lawyer, and certifying—

A certificate given under subclause (1)—

Every lawyer—

Nothing in this rule applies to an application made, on behalf of any person, by a representative, where the application is intended to be made by the representative applying in person.

Subject to subclause (3), an application must be filed,—

Written consent given pursuant to subclause (1)(d) must be filed with the application.

An interlocutory application must be filed in the court in which the proceedings were commenced, or to which they have been transferred in accordance with rule 78, or transferred for hearing in accordance with rule 79, as the case requires.

The Registrar may refuse to file any proceedings which, in the Registrar’s opinion, are tendered for filing in the wrong court.

If the Registrar so refuses, the applicant may apply to a Judge for a direction that the applicant is entitled to file the proceedings in that court.

Where proceedings are commenced in the wrong court, a Judge, on such terms and conditions as the Judge considers appropriate, may—

Subject to subclause (3), no objection may be taken at the hearing or at any subsequent proceedings on the ground that the proceedings were filed in the wrong court.

Where an application is filed, the Registrar must,—

Nothing in this rule limits any provision of the Act that requires that, unless there are special circumstances, the hearing date assigned must be no later than a specified period after an application is made.

On the filing of an application on notice for a protection order or a property order, or both, the Registrar must issue, for service on the respondent and any associated respondent,—

Where an application is made on notice, any person who intends to defend the application may, at least 5 clear days before the date of the hearing, file in the court and serve on the applicant,—

This rule applies to a person who—

If the person 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 person to be heard.

In deciding, for the purpose of subclause (2), whether to allow the person 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 person to be heard in relation to the application, the Judge may—

An adjournment under subclause (5)(a)(ii) must be to a fixed—

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

Where a temporary protection order or a temporary property order is made, any person (being the respondent or an associated respondent or any other person who is entitled to do so under section 79(3) of the Act) may, at any time before the day on which the order, in so far as it relates to that person, becomes final in accordance with section 77 of the Act, file in the court and serve on the other party a notice of intention to appear in form DV 12.

An affidavit setting out sufficient particulars to indicate the reasons for giving notice, and sufficient information to inform the court of the facts relied on, must be filed with the notice of intention to appear.

On the filing of a notice of intention to appear in accordance with subclause (1), the Registrar must—

Nothing in this rule limits section 60(4)(c) of the Act.

Where—

the hearing date assigned under section 76 of the Act in respect of the temporary property order must be the same as the hearing date assigned under that section in respect of the temporary protection order.

Where—

the hearing date assigned under section 76 of the Act in respect of the order must be a date not later than the seventh day after the date of the making of the order.

If a respondent to an application under the Act for a protection order is or has been involved in criminal proceedings, the Criminal Procedure (Transfer of Information) Regulations 2013 may apply.

Subject to subclause (3), where a temporary order becomes final (in whole or in part) by operation of law in accordance with section 77(1) of the Act, the Registrar must, without delay, issue a final order in the appropriate prescribed form confirming that the temporary order has become final (in whole or in part) and setting out the terms and conditions of the final order.

Where, pursuant to section 80(1)(c) of the Act, the court confirms a temporary order (whether with or without variation), the Registrar must, without delay, issue a final order in the appropriate prescribed form setting out the terms and conditions of the order as confirmed (including the terms and conditions of the order to the extent that it has already become final).

Where, in relation to a property order that is a temporary order, the court is satisfied that—

the court must direct the Registrar to issue, without delay, a final order in the appropriate prescribed form confirming that the order has become final (in whole or in part) and setting out the terms and conditions of the final order, and the Registrar must comply with that direction.

A Registrar may exercise the power of the court under subclause (3).

A next friend to a minor under the age of 17 years is deemed to have been duly appointed upon filing in the court—

The court or the Registrar may appoint any person—

to be guardian ad litem of the minor under the age of 17 years for the purposes of taking proceedings under the Act on behalf of that minor.

An order appointing a guardian ad litem under subclause (2) may be made, on an application on or without notice in form DV 6, by,—

but no such appointment may be made at any time during which the minor is represented in the proceeding by a next friend appointed pursuant to subclause (1).

The court or the Registrar may, in relation to a person to whom section 11 of the Act applies (including a person to whom that section applies by virtue of section 22(6) or section 48 or section 73 or section 92 of the Act), appoint any person—

to be guardian ad litem of that person for the purpose of taking proceedings under the Act.

An order appointing a guardian ad litem under this rule may be made, on an application on or without notice in form DV 6, by,—

A guardian ad litem appointed pursuant to rule 35(2) or rule 36 or pursuant to section 12 of the Act is responsible for any costs awarded in the proceeding against the represented person unless the court or the Registrar, when appointing the guardian ad litem or on application made at any later time, orders that, having regard to the circumstances necessitating the appointment, the guardian ad litem is not to be responsible for such costs.

On the application of a representative, the court may order that any costs paid or incurred by the representative while acting as such (including solicitor and client costs) may be recovered by the representative from the represented person or from the represented person’s estate.

In any application under this rule, the represented person may be separately represented by a lawyer appointed for the purpose by the court.

Subject to the Act, where a proceeding is served upon a person who is not authorised by law to defend the proceeding in his or her own name, no further step may be taken in the proceeding until a representative or, as the case requires, a guardian ad litem has been appointed or other order made for the representation of the person.

A representative may not retire,—

A representative may be removed by the court upon sufficient cause being shown.

Where a representative is removed by the court, he or she may be ordered by the court to give security to the represented person or any opposite party for the costs (including the represented person’s own costs) already incurred or any part of those costs.

Subject to section 12(5) of the Act and to rules 41 and 42, in case of the death, retirement, or removal of a representative, no further step may be taken in the proceeding until another person has been appointed as representative.

Where a minor in relation to whom a representative has been appointed attains the age of 17 years, all subsequent steps must be carried on in the minor’s name.

If the minor continues to prosecute or defend the proceeding, he or she is liable for all costs of the proceeding (including solicitor and client costs) in the same manner as if he or she had commenced it or had become a party to it at a time when he or she was not a minor.

Where—

then, subject to section 12(5) of the Act, all subsequent steps in the proceeding must be carried on in the represented person’s own name.

If the represented person continues to prosecute or defend the proceeding, he or she is liable for all the costs of the proceeding (including solicitor and client costs) in the same manner as if he or she had commenced it or had become a party to it when he or she was not a person to whom section 11 or, as the case requires, section 12 of the Act applied.

Except as otherwise provided by these rules, the Registrar must serve or cause to be served, without delay,—

The Registrar may also in his or her discretion, and must on the direction of a Judge, serve or cause to be served any other document required for the purpose of any proceedings under the Act.

Subject to subclause (2) and to rule 45, each party must give an address for service in the first document filed by him or her, unless he or she has sooner given an address for service in accordance with that subclause.

A party (other than the applicant) may give an address for service by filing in court a notice of that address and serving a copy on each other party to the proceedings.

Any address for service may be changed by notifying the Registrar and each other party to the proceedings.

The provisions of this rule, so far as they are applicable and with any necessary modifications, apply to every person who is given or served with any notice or other document in the proceedings, in the same manner as they apply to a party to the proceedings.

Subject to rule 22, a person—

need not give his or her residential address on any document presented for filing in court in relation to those proceedings, but must provide an address for service in accordance with rule 44.

A document required by the Act 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 50 to 58D.

A document not required by the Act 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 the court or a Registrar may, under rule 59, make an order for substituted service (that is, an order dispensing with, or changing, the service required by these rules).

Where the Act or these rules require a document, notice, or copy to be given to any person but does not prescribe the manner in which that is to be done, the document, notice, or copy may be given in any manner set out in rule 46, and the provisions of this Part apply with all necessary modifications.

In any case not provided for by these rules, service may be effected or notice given in such manner and at such place as the court or the Registrar directs.

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 his or her notice.

Except as provided by rule 59, every document, being—

required by the Act or these rules to be served on any person, must be served by personal service.

Service of every such document must be effected—

Subject to subclause (2), where—

the Registrar must, without delay, take all reasonable steps to serve a copy of the order on the parties.

Where a temporary protection order or a temporary property order is to be served pursuant to subclause (1), it must be accompanied by—

Where subclause (2) requires service of a temporary order on a party, a Judge may direct that 1 or more of the documents to which subclause (2)(b) applies must not be served with the temporary order, and that service of the document or documents on that party—

or both.

Subject to subclause (5), service of an order in accordance with subclause (1) must be effected by personal service.

Where for any reason service of an order on a party cannot be effected by personal service, service must be effected,—

Where—

the court may, on its own motion or on application by a party, extend the period within which the order may be served in accordance with section 77(3) of the Act.

A Registrar may exercise the power of the court to extend the period of service pursuant to section 77 of the Act.

Personal service on a child in proceedings under the Act must be effected by serving the document, in accordance with the applicable rule,—

Personal service on a person on whose behalf proceedings have been brought by a representative pursuant to section 11 of the Act must be effected by serving the document, in accordance with the applicable rule,—

Personal service on a person in relation to whom a representative is appointed under section 12 of the Act must be effected by serving the document, in accordance with the applicable rule, on the representative.

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

Personal service may not be effected by a party to the proceedings, or by a representative, but the party or, where applicable, the representative may be present when service is effected.

Where a lawyer represents that he or she is authorised to accept service of any document on behalf of a party, the document is deemed to have been served if the lawyer—

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 58B(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 58B(b) must, unless the contrary is proved, be treated as having been served on the earlier of—

A document transmitted under rule 58B(c)—

A document transmitted under rule 58B(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 58B(c) must, promptly after receiving the document, give the person who served the document—

A notice under subclause (1) may be—

Where for any sufficient reason service of any document, including any order, cannot be effected in the manner specified in relation to that document by these rules, the court may, on its own motion or on application, and on such terms and conditions as it considers appropriate, make an order—

Where an order under subclause (1)(a) has been carried out, the steps taken may be called substituted service, and such service has the same effect as personal service.

Where leave is given under this rule to bring the document to the knowledge of the person to be served by advertisement, the advertisement must be in form DV 13.

A Registrar may exercise the powers of the court under this rule.

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 Police employee, the service may be proved—

If the document being served is a temporary protection order or a final protection order under the Act, and service is being proved in the manner specified in subclause (1)(b) or (4)(a), the affidavit of service or (as the case requires) endorsement or certificate must also state the time that service took place.

The service of a document by substituted service 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 60(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).

On the making of a temporary order or a final order under the Act (including any order varying or discharging an order made under the Act or any order made in substitution for any such order), the Registrar must ensure that a copy of the order is made available, without delay, to the District Commander at the appropriate Police District Headquarters.

Where a copy of a protection order is made available to a District Commander in accordance with section 88(1) of the Act, the Registrar must ensure that a copy of the notice in form DV 5 that was filed with the application is also made available, without delay, to the District Commander.

In addition to the ways specified in paragraphs (a), (b), and (d) of section 88(3) of the Act, a Registrar may make a copy of an order available by sending the copy by ordinary post addressed to the District Commander at the appropriate Police District Headquarters.

Any person who is required by section 89 of the Act to notify the constable in charge of a Police station of the service of a copy of a protection order, or a copy of any order varying a protection order, may give that notification orally in the first instance, but must confirm that notification in writing without delay.

Where the person required to give such notice is an officer of the court, such notice may be communicated to the officer in charge in any of the ways set out in section 88(3) of the Act.

Where a Registrar issues an order pursuant to rule 34, the Registrar must ensure that a copy of the order is made available, without delay, to the District Commander at the appropriate Police District Headquarters.

The copy of the order may be made available in any of the ways set out in section 88(3) of the Act or in the way permitted by rule 61(3).

Where the Act or these rules expressly or impliedly authorise any application in the course of proceedings, or any application relating to any intended proceedings, to be made to the court, a Judge, or a Registrar, then, subject to the provisions of the particular section of the Act or the particular rule applicable to the application, the following provisions apply:

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

An order may be made under rule 64 on an application without notice where the court is satisfied that one of the grounds set out in rule 14(1) for making an application without notice is established.

Subject to the Act and 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 even though 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.

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

The Registrar may, on the written request of the objector at any time before service of the objection, amend any objection made pursuant to section 51E of the Act.

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

and the proceedings 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 or an associated respondent may file and serve an amended notice of defence,—

When an application or a 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.

This rule, so far as applicable and with all necessary modifications, applies in relation to a notice of intention to appear.

The court or a Registrar may at any time correct—

For the purpose of ensuring that any application under the Act may be determined in a just, expeditious, and economical manner, a Judge may at any time, either on the application of either party or their lawyer or without such application, on such terms as the Judge thinks fit, direct the holding of a conference of—

The Judge must preside over the conference and may adjourn the conference from time to time and from place to place.

Where the conference is held pursuant to subclause (1)(a), the lawyer representing any party may attend either in the place of the party or with the party.

Where the conference is held pursuant to subclause (1)(b), any party who is not represented by a lawyer may attend the conference.

At any conference held pursuant to rule 71, the Judge presiding may make such orders and give such directions as appear best adapted—

Without limiting the generality of subclause (1), the Judge may—

If any party fails to comply with an order made under rule 72, the following provisions apply:

The court may at any stage of the proceedings order the production by any party 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 apply:

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

Where in any proceedings under the Act, 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 for the time being governing the examination of witnesses out of New Zealand.

Any summons issued pursuant to section 82 of the Act must be in form DV 15.

A court or Registrar may order that any proceedings in that court be transferred to another court if the court or, as the case requires, the Registrar is satisfied that the proceedings can be more conveniently or fairly dealt with in that other court.

A court or Registrar may order that the hearing of any application filed in that court be transferred to another court if the court or, as the case requires, the Registrar is satisfied that the application can be more conveniently or fairly heard in that other court.

A court or Registrar may order a transfer pursuant to rule 78 or rule 79—

Where a Registrar declines an application to transfer any proceedings or hearing, the applicant may ask the court to review that decision; and in that case the court may make such decision on the application as it thinks fit.

Where an order is made for transfer of any proceedings or hearing,—

Where an order is made under rule 78 for the transfer of any proceedings,—

On transfer, the proceedings continue as if they were originally filed in the court to which they have been transferred.

Where an order is made under rule 79 for the transfer of a hearing,—

For the purposes of the hearing, the application must be dealt with as if it had been filed in the court of hearing.

When the hearing is concluded,—

A notice of objection given under section 51E(2)(b) of the Act must be in form DV 26.

Where a notice of objection is received, the Registrar must,—

A Registrar may exercise the powers of the court under section 51F of the Act, except that a Registrar may not discharge a direction.

Where the objector seeks the discharge of the direction, or in any case where the Registrar considers that the discharge of a direction may be appropriate, the Registrar must refer the objection to a Judge at the next convenient opportunity.

If the objector does not wish to be heard, then, subject to subclause (1),—

If the objector does wish to be heard,—

As soon as practicable after a decision is made on an objection under section 51F(1) of the Act confirming, varying, or discharging a direction, a Registrar must—

Rule 85 applies, with any necessary modifications, in relation to a decision of the court pursuant to section 51Q(1) of the Act.

If a Registrar under section 51O of the Act, or a Judge under section 51P of the Act, calls a respondent or an associated respondent to appear before the court, the summons must be in form DV 15.

Rules 626 and 627 of the District Courts Rules apply in relation to the enforcement of an occupation order or a tenancy order.

Rule 622 of the District Courts Rules applies in relation to the enforcement of an ancillary furniture order or a furniture order.

Where a certified copy of a foreign protection order is registered pursuant to section 97 of the Act, the Registrar must—

The Registrar of the court in which an order is registered pursuant to section 97 of the Act must cause notice of the registration in form DV 29 to be served on the respondent.

Failure to serve such a notice does not affect the validity of the registration or any proceedings relating to the order.

Where a foreign protection order is registered pursuant to section 97 of the Act, the Registrar must cause a copy of the notice of registration to be sent as soon as practicable to the court or the appropriate authority in the country in which the order was made.

Where, pursuant to section 99(c) of the Act, a court makes an order varying a foreign protection order, the Registrar must cause a copy of the order varying the foreign protection order to be sent as soon as practicable to the court or the appropriate authority in the country in which the foreign protection order was made.

Where, pursuant to section 101 of the Act, the registration of a foreign protection order is cancelled, the Registrar must cause notice of the cancellation to be sent as soon as practicable to the court or the appropriate authority in the country in which the order was made.

Where this rule requires a notice or a copy of a notice or of an order to be sent,—

The Registrar of every District Court must enter in the Family Proceedings Records a record of each application made under the Act, and of the decision on the application.

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

Subject to subclause (2), rule 69 of the District Courts Rules applies to the search of the records of and the documents filed in the District Court in relation to any proceedings under the Act.

Where, pursuant to rule 22, an applicant has advised the court that he or she wishes his or her residential address to be kept confidential, no document that discloses that address may be searched, inspected, or copied pursuant to rule 69 of the District Courts Rules unless the court otherwise directs.

In this rule,—

This rule applies if a defendant in a criminal proceeding—

A Registrar of a court that is dealing with a criminal proceeding may obtain information about the civil proceeding referred to in subclause (2) from—

A Registrar of a court that is dealing with a criminal proceeding and who has obtained information under subclause (3) must make that information available to the court.

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 court is required, or desires, to ascertain the wishes of any child, it may—

Where the Registrar is authorised under these rules to hear and determine any proceedings or to exercise any other jurisdiction, the Registrar has, within the limits of that authority and subject to any right of review by a Judge under these rules, all the powers of a Judge.

Any order made by the Registrar under these rules has the same effect, and is enforceable in the same manner, as if it were an order of a Judge.

Nothing in this rule authorises a 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.

Subject to subclauses (2) and (3),—

is entitled as against the party calling him or her to a sum for fees, allowances, and travelling expenses in accordance with the Witnesses and Interpreters Fees Regulations 1974 (SR 1974/124).

The court may, on application, disallow the whole or any part of that sum.

Nothing in this rule applies in relation to a person attending a court upon a summons issued under section 82 of the Act (including persons to whom that section applies by virtue of section 51O, 51P, or 78(5) of the Act).

Nothing in subclause (3) limits regulation 3 of the Domestic Violence (General) Regulations 1996.

The Domestic Protection Rules 1983 (SR 1983/31) are hereby revoked.

Subject to section 133 of the Act and to subclauses (2) to (4), all officers, appointments, records, accounts, books, seals, certificates, requests, applications, summonses, notices, documents, warrants, judgments, orders, decisions, directions, appeals, and generally all acts of authority that originated under any of the provisions of the Domestic Protection Rules 1983 and are subsisting or in force at the commencement of these rules enure for the purposes of these rules as if they had originated under the corresponding provisions of these rules, and accordingly are, where necessary, regarded as having so originated.

Subject to section 133 of the Act, all proceedings in any court under or pursuant to any of the provisions of the Domestic Protection Act 1982 and that have not been determined or completed before the commencement of these rules may be continued, completed, and enforced under these rules, and accordingly these rules, so far as practicable, apply to those proceedings.

Where it is not practicable for any provision of these rules to be applied to any proceedings to which subclause (2) applies, the Domestic Protection Rules 1983, to such extent as may be necessary, continue to apply to those proceedings.

If, in any proceedings to which subclause (2) applies, any question arises as to the application of any provision of these rules or of the Domestic Protection Rules 1983, the court or the Registrar may, upon or without an application of any party to the proceedings, determine the question and make such order as the court or Registrar considers appropriate.