Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698750289226.pdf (New Zealand)
Family Proceedings Amendment Bill (No 2) Government Bill As reported from the committee of the whole House This bill was formerly part of the Family Court Proceedings Reform Bill as reported from the Justice and Electoral Committee.
The com- mittee of the whole House has further amended the bill and divided it into the following bills: • Care of Children Amendment Bill (No 2) comprising clauses 1 and 2 and Part 1 Child Support Amendment Bill (No 3) comprising subpart 1 of Part 5 Children, Young Persons, and Their Families Amendment Bill (No 2) comprising subpart 2 of Part 5 Domestic Violence Amendment Bill (No 2) comprising Part 2 Family Courts Amendment Bill comprising subpart 2A of Part 5 Family Dispute Resolution Bill comprising Part 3 this bill comprising subpart 3 of Part 5 Legal Services Amendment Bill (No 2) comprising Part 4 Property (Relationships) Amendment Bill (No 2) comprising subpart 4 of Part 5 • • • • • • • • 90—3G 2 • Family Proceedings Amendment Bill (No 2) Protection of Personal and Property Rights Amendment Bill comprising subpart 5 of Part 5 Family Proceedings Amendment Bill (No 2) Key to symbols used in reprinted bill As reported from the committee of the whole House text inserted text deleted Hon Judith Collins Family Proceedings Amendment Bill (No 2) Government Bill Contents Title Commencement · · · · · Principal Act Section 2 amended (Interpretation) Section 5 repealed (Marriage or civil union guidance or counselling organisations) Part 2 repealed Section 160 amended (Applications may be heard together) Section 162 replaced (Appointment of barrister or solicitor to assist court or represent children) 162 Appointment of lawyer to represent child in proceedings 162A Appointment of lawyer to assist court 162B Fees and expenses of lawyer appointed under section 162 or 162A 162C Order requiring reimbursement of costs payments 162D Enforcement of orders made under section 162C Section 165 amended (Power of District Court or Family Court to call witnesses) Section 171 amended (Costs) 88A 88AB Section 174 amended (Appeals from decisions of District Courts and Family Courts) 90—3G 1 2 82 83 84 85 86 87 88 Page 2 2 2 2 3 3 3 3 3 3 5 5 7 8 8 8 1 cl 1 89 90 Family Proceedings Amendment Bill (No 2) Section 187 amended (Regulations) New sections 193 and 194 inserted 193 Transitional provision for counselling or mediation arranged before commencement of subpart 3 of Part 5 of Family Court Proceedings Reform Act 2013 Transitional provision for proceedings commenced before commencement of subpart 3 of Part 5 of Family Court Proceedings Reform Act 2013 but not completed 194 91 Schedule 2 amended · · · · · The Parliament of New Zealand enacts as follows: 9 9 9 9 10 Title This Act is the Family Proceedings Amendment Act 2013.
Commencement This Act comes into force on 1 October 2014 unless it is 5 earlier brought into force on a date appointed by the Governor- General by Order in Council.

· · · · · Principal Act This subpart amends the Family Proceedings Act 1980 (the principal Act).
10 Section 2 amended (Interpretation) In section 2, repeal the definitions of— (a) approved marriage or civil union guidance organ- isation or counselling organisation: attachment order: charging order: child of the civil union: counsellor: 15 (b) (c) (d) (e) 1 2 82 83 2 Family Proceedings Amendment Bill (No 2) cl 87 employer: family chattels: family home: (f) (g) (h) (i) mediation conference: salary or wages.
(j) 84 85 86 87 Section 5 repealed (Marriage or civil union guidance or counselling organisations) Repeal section 5.

Part 2 repealed Repeal Part 2.

Section 160 amended (Applications may be heard together) In section 160(1), delete “Care of Children Act 2004 or under the”.
Section 162 replaced (Appointment of barrister or solicitor to assist court or represent children) Replace section 162 with: 5 10 15 “162 Appointment of lawyer to represent child in proceedings “(1) In any proceedings under this Act (other than criminal pro- ceedings), a court may appoint a lawyer to represent any child 20 who is— “(a) “(b) the subject of the proceedings; or a party to the proceedings.
“(2) An appointment under subsection (1) may be made only if the court is satisfied that the appointment is necessary or de- 25 sirable.

“162A Appointment of lawyer to assist court In any proceedings under this Act (other than criminal pro- ceedings), a court may— “(a) “(b) direct the Registrar of the court to appoint a lawyer to appoint a lawyer to assist the court; or 30 assist the court.
3 cl 87 Family Proceedings Amendment Bill (No 2) “162B Fees and expenses of lawyer appointed under section 162 or 162A “(1) The fees and expenses of a lawyer appointed under section 162 or 162A must— “(a) be determined in accordance with regulations made 5 under section 16D of the Family Courts Act 1980; and “(b) be paid out of public money appropriated by Parliament for the purpose.
“(2) An invoice rendered by a lawyer appointed under section 162 or 162A for fees and expenses must be given to the Regis- 10 trar of the court in which the proceedings were heard, and the Registrar may tax the invoice.
“(3) A lawyer who is dissatisfied with the decision of the Registrar as to the amount of the invoice may, within 14 days after the date of the decision, apply to a Family Court Judge to review 15 the decision; and the Judge may on the application make any order varying or confirming the decision that the Judge con- siders fair and reasonable.
“(4) Where the fees and expenses of a lawyer appointed under sec- tion 162 have been paid under subsection (1)(b), the court 20 may, if it thinks it appropriate, order a party to the proceed- ings to refund to the Crown an amount the court specifies in respect of those fees and expenses, and the amount ordered to be refunded is a debt due to the Crown by that party and, in default of payment of that amount, payment may be enforced, 25 by order of a District Court or the High Court, as the case may require, in the same manner as a judgment of that court.
“(5) Where the fees and expenses of a lawyer appointed under sec- tion 162A have been paid under subsection (1)(b), the court must make an order under section 162C unless the court de- 30 clines to do so in accordance with that section.

“(6) However, no order under section 162C may be made against the Crown, whether acting through the department for the time being responsible for the administration of this Act or other- wise.
35 4 Family Proceedings Amendment Bill (No 2) cl 87 “162B Fees and expenses of lawyer appointed under section 162 or 162A “(1) The fees and expenses of a lawyer appointed under section 162 or 162A must— “(a) be determined in accordance with regulations made 5 under section 16D of the Family Courts Act 1980 or, if no such regulations are made, by the Registrar of the court; and “(b) be paid in accordance with that determination out of public money appropriated by Parliament for the pur- 10 pose.
“(2) An invoice rendered by a lawyer appointed under section 162 or 162A for fees and expenses must be given to the Regis- trar of the court in which the proceedings were heard, and the Registrar may decide to adjust the amount of the invoice.
“(3) A lawyer who is dissatisfied with the decision of the Registrar as to the amount of the invoice may, within 14 days after the date of the decision, apply to a Family Court Judge to review the decision, and the Judge may on the application make any order varying or confirming the decision that the Judge con- 20 siders fair and reasonable.
15 “(4) Where in any proceedings a lawyer has been appointed under section 162 or 162A and the fees and expenses relating to that appointment have been paid under subsection (1), the court must make an order under section 162C, unless the 25 court declines to do so in accordance with that section.
“(5) However, no order under section 162C may be made— “(a) “(b) against the Crown, whether acting through the depart- ment for the time being responsible for the administra- tion of this Act or otherwise; or in respect of an appointment under section 162A, where a lawyer has been appointed under that section to provide to the court independent legal advice on any complex legal issue.
30 “162C Order requiring refund reimbursement of costs 35 payments “(1) An order referred to in section 162B(5) must order the parties to refund to the Crown the prescribed proportion of the amount 5 cl 87 Family Proceedings Amendment Bill (No 2) paid by the Crown, under section 162B(1)(b), in respect of the appointment of the lawyer under section 162A.

“(2) Each party must pay an equal share of the prescribed propor- tion.
“(1) An order referred to in section 162B(4) must require the par- 5 ties to reimburse to the Crown the prescribed proportion of the amount paid by the Crown, under section 162B(1)(b), in respect of the fees and expenses of a lawyer appointed under section 162 or 162A.

“(3) Despite subsection (1), the court may decline to make an 10 order against a party if satisfied that the order would cause serious hardship to the party or to a dependent child of the party.
15 “(5) “(3A) Each party against whom an order is made under subsection (1) must pay an equal share of the prescribed proportion.

“(4) Despite subsection (2) (3A), if the court is satisfied that, in view of the circumstances of the case, including the conduct of any party, it would be inappropriate to require a party to pay the amount payable in accordance with that subsection, the court may substitute, for that party, a different amount not 20 exceeding the prescribed proportion.
In this section,— “dependent child, in relation to a party, means a child whose day-to-day care is substantially the responsibility of the party “prescribed proportion means the same proportion that is 25 prescribed by regulations made under section 147 of the Care of Children Act 2004 for the purposes of section 135A of that Act “serious hardship, in relation to a party or a dependent child of the party,— “(a) includes significant financial difficulties that arise be- cause of— “(i) 30 the party’s inability to meet minimum living ex- penses according to normal community stand- ards; or the cost of medical treatment for an illness or injury of the party or a dependent child of the party; or 35 “(ii) 6 Family Proceedings Amendment Bill (No 2) cl 87 “(iii) a serious illness suffered by the party or by a “(iv) dependent child of the party; or the cost of education for a dependent child of the party: “(b) does not include significant financial difficulties that 5 arise because— “(i) the social activities and entertainment of the party or those of a dependent child of the party may be limited; or the party is unable to afford goods or services 10 that are expensive or of a high quality or standard according to normal community standards.
“(ii) “162D Enforcement of orders made under section 162C “(1) The amount that a party is ordered to refund reimburse under section 162C is a debt due to the Crown by that party and 15 may be enforced in a District Court or the High Court, as the case may require, in the same manner as a judgment of that court.
“(2) Despite section 113 or 123 of the District Courts Act 1947 or section 100A of the Judicature Act 1908, no court fee is 20 payable by a person who seeks to enforce, on behalf of the Crown, an order referred to in subsection (1), but the fee that would otherwise be payable— “(a) is to be added to the amount sought to be enforced; and “(b) must be paid to the Registrar of the court out of any 25 proceeds that result from the enforcement.
“(3) For the purposes of section 14(1)(b) of the Crown Proceed- ings Act 1950, the Secretary for Justice may, on behalf of the Crown, enforce a debt under this section.

“162E Time may be extended for payments ordered under 30 “(1) section 162C If an amount that a party is ordered to refund under section 162C is outstanding, the Registrar may enter into an arrange- ment with the party to allow for either or both of the following: a greater time for payment: “(a) “(b) payment to be made by instalments.
35 7 cl 88 Family Proceedings Amendment Bill (No 2) “(2) No arrangement under subsection (1) may permit an amount to remain unpaid for more than 5 years after the date on which the arrangement is entered into.

“(3) No action to enforce an amount that is the subject of an ar- “(4) rangement under this section may be taken as long as the ar- 5 rangement continues in force and is duly observed.
If an amount may be paid by instalments and default is made in the payment of any instalment, proceedings may be taken against the person in default as if default had been made in the payment of all instalments then remaining unpaid.” 10 88 Section 165 amended (Power of District Court or Family Court to call witnesses) Replace section 165(4) with: “(4) A witness called by the court under this section may be— “(a) “(b) examined and re-examined by the court, or by a lawyer 15 appointed to assist the court; and cross-examined by or on behalf of any party to the pro- ceedings.” 88A Section 171 amended (Costs) After section 171(2), insert: “(3) This section is subject to section 162B(5).” 88AB Section 174 amended (Appeals from decisions of District (1) (2) Courts and Family Courts) In section 174(1AA), delete “(other than criminal proceedings or proceedings under section 130)”.
In section 174(1), replace “subsection (1A)” with “subsection (1AA)”.

Replace section 174(1A) with: (3) “(1A) However, no appeal may be made to the High Court under subsection (1) in relation to— criminal proceedings; or “(a) a decision under— “(b) “(i) section 162 to appoint a lawyer to represent a child; or 8 20 25 30 Family Proceedings Amendment Bill (No 2) cl 90 “(ii) section 162A to appoint, or to direct the Regis- trar of the court to appoint, a lawyer to assist the court.
“(1B) The High Court Rules and sections 74 to 78 of the District Courts Act 1947, with all necessary modifications, apply to 5 an appeal under subsection (1) as if it were an appeal under section 72 of that Act.” 89 90 Section 187 amended (Regulations) Repeal section 187(a), (ca), (cb), and (cc).
New sections 193 and 194 inserted After section 192, insert: 10 “193 Transitional provision for counselling or mediation arranged before commencement of subpart 3 of Part 5 of Family Court Proceedings Reform Act 2013 If any counselling or mediation has been arranged under Part 15 2 before the date of commencement of subpart 3 of Part 5 of the Family Court Proceedings Reform Act 2013, but that counselling or mediation has not been commenced or completed by that date,— “(a) the counselling or mediation may be commenced or 20 completed on or after the date of commencement of subpart 3 of Part 5 of the Family Court Proceed- ings Reform Act 2013 as if subpart 3 of Part 5 of the Family Court Proceedings Reform Act 2013 had not come into force; but the counselling or mediation may not be commenced or continued 4 months after the date of commencement of subpart 3 of Part 5 of the Family Court Proceed- ings Reform Act 2013.
25 “(b) “194 Transitional provision for proceedings pending 30 commenced before the commencement of subpart 3 of Part 5 of the Family Court Proceedings Reform Act 2013 but not completed by that date “(1) This section applies to proceedings under this Act that were commenced before the date of commencement of subpart 3 35 of Part 5 of the Family Court Proceedings Reform Act 9 cl 91 Family Proceedings Amendment Bill (No 2) 2013 but were not by that date completed (a pending pro- ceeding).
“(2) The following provisions do not apply to a pending proceed- ing: “(a) section 162A: “(b) section 162B: “(c) section 162C: “(d) section 162D.

section 162E.
“(e) 5 “(3) Section 162, as in force immediately before the date of com- 10 mencement of subpart 3 of Part 5 of the Family Court Pro- ceedings Reform Act 2013, continues to apply to a pending proceeding with any necessary modifications as if subpart 3 of Part 5 of the Family Court Proceedings Reform Act 2013 had not come into force.” 15 91 91 Schedule 2 amended In Schedule 2, after the item relating to the Matrimonial Pro- ceedings Amendment Act 1970, insert “Family Proceedings Amendment Act 2008 (2008 No 79)”.
Schedule 2 amended In Schedule 2, after the item relating to the Matrimonial Pro- ceedings Amendment Act 1970, insert: “Family Proceedings Amendment Act 2008 (2008 No 79) “Family Proceedings Amendment Act 2013 (2013 No 47).” · · · · · 20 25 Legislative history 18 September 2013 Divided from the Family Court Proceedings Reform Bill (Bill 90–2) by committee of the whole House as Bill 90–3G 12 10 Published under the authority of the House of Representatives—2013 Wellington, New Zealand: