Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698750033333.pdf (New Zealand)
Domestic Violence Rules 1996 (SR 1996/148) PURSUANT to section 126 of the Domestic Violence Act 1995, His Excellency the Governor­General, acting by and with the advice and consent of the Executive Council, hereby makes the following rules.
Contents Part 1 Preliminary provisions Title and commencement Application Interpretation Construction Procedure and practice Cases not provided for Certain provisions of District Courts Rules not to apply Non­compliance with rules Part 2 Proceedings generally General provisions Forms Shape, etc, of forms and documents ﬁled Notices Headings Applications Applications to be on notice Applications without notice Form of applications for protection and property orders Form of other applications on notice Form of other applications without notice Note These rules are administered in the Ministry of Justice.
Page 6 6 6 8 8 8 9 9 10 10 11 11 12 12 13 13 14 1 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 Form of application to vary protection order with respect to standard condition relating to weapons Multiple applications Documents to accompany applications Information sheet Afﬁdavits to accompany applications for protection or property orders Applicant for protection order may request that residential address be kept conﬁdential Information about weapons Other documents in support of applications Documents relating to earlier proceedings 25 Documents relating to earlier proceedings Certiﬁcate of lawyer Certiﬁcate of lawyer to be included in applications without notice Filing applications Proper Court for ﬁling applications Proceedings commenced in wrong Court Procedure on ﬁling applications Procedure for applications on notice for protection orders or property orders Notices of defence and notices of intention to appear Notice of defence where application on notice Notice of intention to appear in relation to temporary protection order or temporary property order Temporary property orders made on application without notice Issue of order where temporary order becomes ﬁnal or is conﬁrmed Registrar to issue order when temporary order becomes ﬁnal or is conﬁrmed Part 3 Proceedings involving representatives Appointment of representative of minor under age of 17 Appointment of representative of persons lacking capacity Responsibility of guardian ad litem for costs Reprinted as at 3 September 2007 Domestic Violence Rules 1996 38 39 40 41 42 Recovery of costs by representative Effect of service on person incapable of defending proceedings in own name Retirement, removal, or death of representative Effect of minor attaining age of 17 years Effect of ceasing to be incapacitated or unable to take proceedings Part 4 Service General 43 Service generally Address for service Address for service
 Residential address not required Modes of service Modes of service Service by means of Post Ofﬁce box, document exchange, or facsimile transmission Giving of notices, etc Cases not provided for Personal service Personal service Who may undertake personal service Personal service of applications on notice Personal service of orders Extension of period for service Personal service on child Personal service on persons lacking capacity Personal service on person to whom section 12 relates 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Lawyer accepting service Lawyer accepting service 59 Substituted service 60 Proof of service Substituted service Proof of service 25 26 26 26 27 28 29 29 30 30 31 31 32 32 32 33 34 34 34 35 35 35 36 3 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 Notiﬁcations to police Copies of orders to be sent to Police Information on service of certain orders to be communicated to Police Copy of order issued under rule 34 to be sent to Police Part 5 Applications and directions in the course of proceedings General procedure Interlocutory applications without notice Enlargement or abridgement of time Part 6 Amendment Amendment before service Amending proceedings Amendment of application or notice of defence Clerical mistakes and slips Part 7 Conferences Power of Judge to call conference Orders and directions Non­compliance with order Part 8 Evidence Order for production of documents Powers of Judge or Registrar not suspended by examination of witnesses out of Court Taking evidence outside New Zealand Summons to attend before Court Part 9 Transfer of proceedings or hearing Transfer of proceedings Transfer of hearing Transfer with or without application Procedure on transfer of proceedings Procedure on transfer of hearing Reprinted as at 3 September 2007 Domestic Violence Rules 1996 83 84 85 86 87 88 89 90
 91 92 93 94 95 96 Part 10 Proceedings relating to attendance at programmes Notice of objection How notice of objection to be dealt with Notice of result of objection Request by provider for variation of programme Decision of Court under section 42 Summons to attend before Court Part 11 Enforcement of property orders Enforcement of occupation and tenancy orders Enforcement of ancillary furniture orders and furniture orders Part 12 Registration of foreign protection orders Registration of foreign protection orders Notice of registration of foreign protection orders Notice to be given to foreign court or authority Part 13 Records Records Searches Transfer of information to criminal court Part 14 Miscellaneous provisions 97 98 99 100 101 Court and Chambers Powers of Registrar Witness entitled to expenses Revocation Transitional provisions Schedule 1 Forms 46 47 47 47 47 48 48 48 48 49 49 50 50 50 51 52 52 53 53 54 Schedule 2 Provisions of the District Courts Rules that do not apply to proceedings under the Act 137 5 Part 1 r 1 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 1 (1) (2) 2 (1) (2) (3) 3 (1) Part 1 Preliminary provisions Title and commencement These rules may be cited as the Domestic Violence Rules 1996.
These rules shall come into force on the 1st day of July 1996.

Application Subject to subclauses (2) and (3), and unless the context other­ wise requires, these rules apply to all proceedings under the Domestic Violence Act 1995.
These rules do not apply to— (a) (aa) Criminal proceedings; or proceedings under the Act to which the Family Courts Rules 2002 apply, namely— (i) (ii) proceedings in a Family Court; and proceedings in a District Court acting under sec­ tion 15 of the Family Courts Act 1980; or Proceedings that are transferred to the High Court under section 14 of the Family Courts Act 1980.
(b) 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.

Compare: SR 1983/31, r 2 Subclause (2)(aa) was inserted, as from 21 October 2002, by rule 3 Domestic Violence Amendment Rules (No 2) 2002 (SR 2002/260).
Interpretation In these rules, unless the context otherwise requires,— The Act means the Domestic Violence Act 1995 Address for service, in relation to any party, means the ad­ dress of a place in New Zealand at which any document may be left for, or sent to, that party in accordance with these rules Associated respondent includes a person against whom a di­ rection pursuant to section 17 of the Act is sought District Courts Rules means the District Courts Rules 19921 1 SR 1992/109 6 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Part 1 r 3 Family Proceedings Records means records kept in accord­ ance with rule 7(1)(a) of the Family Proceedings Rules 19812 Form FP 7 means the form so numbered in Schedule 1 to the Family Proceedings Rules 1981 Information sheet means an information sheet in form FP 7 Interlocutory application means an application to which rule 64 applies Nearest, in relation to any Court, means the Court whose place of sitting is nearest by the most practicable route Objector means a respondent or associated respondent who objects, pursuant to section 36 of the Act, to a direction to attend a programme Party, in relation to any proceedings, includes an associated respondent Prescribed form means a form set out in Schedule 1 Property order means— (a) (b) A tenancy order: (c) (d) A furniture order,— whether a temporary order or a ﬁnal order Registrar means the Registrar of a Court; and includes a Deputy Registrar of a Court Represented person means a person in relation to whom a representative has been appointed pursuant to the Act or these rules Working day means any day of the week other than— (a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and Wai­ tangi Day; and An ancillary furniture order: An occupation order: (b) A day in the period commencing with the 25th day of December in any year and ending with the 2nd day of January in the following year.
(2) In these rules, unless the context otherwise requires,— (a) A reference to a Part or rule or Schedule is a reference to a Part or rule of, or a Schedule to, these rules: 2 SR 1981/261 7 Part 1 r 4 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 (b) A reference in a rule to a subclause is a reference to a (c) subclause of that rule: A reference in a rule to a paragraph is a reference to a paragraph of that rule: (d) A reference to a numbered form (other than to form FP 7) is a reference to the form so numbered in Schedule 1.
(3) Where any expression used in these rules is not deﬁned in these rules but is deﬁned in the Act, then unless the context other­ wise requires, that expression has, in these rules, the meaning given to it in the Act.

Compare: SR 1983/31, r 3 4 Construction These rules must be so construed as— (a) To ensure that the object of the Act (as set out in section 5 of the Act) is attained; and To secure the just, speedy, simple, and inexpensive de­ termination of any proceedings.
(b) Compare: SR 1983/31, r 4 Procedure and practice 5 (1) 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.
Compare: SR 1983/31, r 5(1), (6) Cases not provided for 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,— (a) The District Courts Rules apply, so far as they are ap­ plicable and with any necessary modiﬁcations; and The general practice of District Courts applies.
(b) (2) 6 (1) 8 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Part 1 r 8 (2) Notwithstanding subclause (1), a Court must dispose of any case to which that subclause applies in such manner and sub­ ject to such modiﬁcations as the Court thinks best calculated— To ensure that the object of the Act (as set out in section (a) 5 of the Act) is attained; and To promote the ends of justice.
(b) (3) Where a Court is satisﬁed, in the circumstances of any particu­ lar case,— (a) That the provisions of the Act, of these rules, or of the District Courts Rules, or the practice of the Court, do not make adequate provision for procedure or practice; or That difﬁculties arise or doubts exist as to the appropri­ ate procedure or practice,— (b) the Court may give such directions with respect to the proced­ ure and practice to be followed in the case as the Court con­ siders necessary— (c) To ensure that the object of the Act (as set out in section 5 of the Act) is attained; and To promote the ends of justice.
(d) Compare: SR 1983/31, r 5(2), (3), (5) 7 8 Certain provisions of District Courts Rules not to apply Those provisions of the District Courts Rules that are set out in Schedule 2 do not apply to proceedings under the Act.
Compare: SR 1983/31, r 5(4) Non­compliance with rules Non­compliance with any of these rules does not render void the proceedings in which the non­compliance has occurred, but the Court may, of its own motion or on application made with respect to the non­compliance,— (a) Set aside, either in whole or in part, those proceedings or any step taken in those proceedings; or (b) Allow the proceedings to be amended; or (c) Deal with the proceedings in such other manner or on such terms as the Court considers appropriate.
Compare: SR 1983/31, r 6 9 Part 2 r 9 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 Part 2 Proceedings generally General provisions 9 (1) Forms The forms to be used in proceedings under the Act are those set out in Schedule 1.

(2) Any prescribed form may be varied where the circumstances of a particular case require.
(3) Without limiting the generality of subclause (2),— (a) Where a prescribed form contains or speciﬁes material that is inapplicable in the circumstances of a particular case, that material may be deleted or omitted from the completed form: (b) Where a prescribed form contains explanatory material intended only for the information of a particular person, that material need not be included on any copy of the form that is required to be served on or given to any other person to whom that material is not relevant.
Strict compliance with prescribed forms is not necessary, and substantial compliance, or such compliance as the particular circumstances of the case allow, is sufﬁcient.

(4) (5) 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.
Compare: SR 1983/31, r 9(1)­(4) Shape, etc, of forms and documents ﬁled 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,— (a) A margin of at least 40 mm must be left at the top of each page; and (b) A margin of at least 70 mm must be left on the right­ hand side of each page.

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— 10 (1) (2) (3) (4) 10 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Part 2 r 12 (a) (b) Legible; and Typewritten, printed, handwritten, or produced in per­ manent form by photocopying.
Compare: SR 1983/31, r 9(5)­(7); SR 1992/109, rr 22­24, 26 11 Notices All notices required to be given or served by the Act or by these rules must be in writing unless— (a) (b) Compare: SR 1983/31, r 10 The Act or these rules otherwise provide; or The Court in a particular case otherwise directs.
Headings 12 (1) Unless any prescribed form otherwise requires, every appli­ cation, notice, order, summons, or warrant must have, on the ﬁrst page, a general heading (which may be in form DV 1) that shows,— (a) (b) (c) The ofﬁce of the Court in which the application or other matter is proceeding; and The distinguishing number of the application or other matter; and Subject to subclause (2) and to rules 22 and 45, the full name, address, and occupation of each party, so far as they are known to the party presenting the document for ﬁling.
(2) 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), ex­ cept that, where it is not necessary to distinguish between two or more persons,— (a) (b) Addresses and occupations may be omitted.
Compare: SR 1983/31, r 11 Given names may be indicated by initials only: 11 Part 2 r 13 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 Applications 13 (1) Applications to be on notice 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.
(2) Nothing in subclause (1) prevents a person who makes an ap­ plication on notice from applying for an abridgement of time in accordance with rule 66.
Applications without notice 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— (a) The application is made under a provision of the Act or of these rules that provides that the application may be made without notice; or The Court is satisﬁed that the delay that would be caused by proceeding on notice would or might entail a risk of harm or undue hardship to the applicant or any child of the applicant’s family, or both; or The Court is satisﬁed that the application affects only the party applying, or is in respect of a routine matter, or is of so unimportant a nature that the interest of any other party cannot be affected by it.
(b) (c) 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: (a) An application under section 22(2) or section 22(3) of the Act (which relate to the imposition, discharge, and modiﬁcation of the standard condition relating to weapons): (b) An application under section 46(1) or section 46(2) of the Act (which relate to the variation of a protection order), other than an application that seeks only the making of a direction under section 32 of the Act: An application under section 47(1) or section 47(4) of the Act (which relate to the discharge of a protection order).
(c) 14 (1) (2) 12 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Part 2 r 16 (3) The following applications made in relation to a property order must be made on notice, if the application is made by the re­ spondent: (a) In the case of an occupation order, an application under section 55 of the Act (which relates to variation and discharge): In the case of a tenancy order, an application under sec­ tion 59 of the Act (which relates to discharge): In the case of an ancillary furniture order, an application under section 65 of the Act (which relates to variation and discharge): In the case of a furniture order, an application under section 69 of the Act (which relates to variation and discharge).
(b) (c) (d) (4) Nothing in subclause (2) or subclause (3) prevents a respond­ ent or associated respondent from applying for an abridgement of time in accordance with rule 66.

(5) Nothing in subclause (2) or subclause (3) limits rule 59.
Compare: SR 1983/31, r 37 A protection order: Form of applications for protection and property orders 15 (1) 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: (a) (b) An occupation order: (c) A tenancy order: (d) An ancillary furniture order: (e) Every application to which this rule applies must be ﬁled to­ gether with such number of copies of the application and the information sheet as the Register directs as being required for service.
Compare: SR 1983/31, r 12(1)­(2) A furniture order.

(2) 16 (1) Form of other applications on notice Except as otherwise provided in these rules, an application on notice (other than an application to which rule 15 applies),— (a) Must be in form DV 7; and 13 Part 2 r 17 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 (b) Must be ﬁled together with such number of copies of the application as the Registrar directs as being required for service.
Every such application must,— (a) (b) State the order or orders applied for; and Either— (i) (ii) Contain sufﬁcient particulars to show the grounds on which the applicant claims to be entitled to the order or orders, and sufﬁcient in­ formation to inform the Court of the facts relied on in support of the application; or Be accompanied by an afﬁdavit that contains suf­ ﬁcient particulars to show the grounds on which the applicant claims to be entitled to the order or orders, and sufﬁcient information to inform the Court of the facts relied on in support of the ap­ plication; and (c) Where applicable, state the names and addresses of the other party or persons intended to be served; and State the applicant’s address for service.
(d) Compare: SR 1983/31, r 12(3)­(6) Form of other applications without notice Except as otherwise provided in these rules, an application without notice (other than an application to which rule 15 ap­ plies) must be in form DV 8.
Every such application must,— (a) (b) State the order or orders applied for; and Either— (i) to show the Contain sufﬁcient particulars grounds on which the applicant claims to be entitled to the order or orders, and sufﬁcient in­ formation to inform the Court of the facts relied on in support of the application; or Be accompanied by an afﬁdavit that contains suf­ ﬁcient particulars to show the grounds on which the applicant claims to be entitled to the order or orders, and sufﬁcient information to inform the (ii) (2) 17 (1) (2) 14 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Part 2 r 20 Court of the facts relied on in support of the ap­ plication; and (c) Where applicable, state the names and addresses of the other party or persons intended to be served; and State the applicant’s address for service.
(d) Compare: SR 1983/31, r 12(4), (6) 18 Form of application to vary protection order with respect to standard condition relating to weapons 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.

19 Multiple applications (1) Without limiting rule 15, multiple applications for orders (other than any order to which rule 15 applies) may be made in a single document.
(2) Where multiple applications are made in a single document,— One signature by the applicant is sufﬁcient for all the applications in that document: (a) (b) One general heading on the ﬁrst page is sufﬁcient, if a (c) general heading is required: Each separate application must be clearly identiﬁed in the document by an appropriate heading: (d) Any explanatory notes that are part of any applicable prescribed form may be combined and amended if ne­ cessary to avoid duplication.
Compare: SR 1981/261, r 14 Documents to accompany applications 20 (1) Information sheet Subject to rules 22 and 45, a duly completed information sheet must be ﬁled with every application to which rule 15 applies.

(2) Where the application is to be served, a copy of the information sheet must be served with the application.
Compare: SR 1983/31, r 14 15 Part 2 r 21 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 21 Afﬁdavits to accompany applications for protection or property orders 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.
22 Applicant for protection order may request that residential address be kept conﬁdential (1) Where an applicant for a protection order wants his or her resi­ dential 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— (a) (b) Stating the applicant’s residential address; and Requesting that the address be kept conﬁdential.
(2) 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.

Information about weapons A notice in form DV 5 must be ﬁled with every application for a protection order.
Other documents in support of applications 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.
Compare: SR 1983/31, r 12(5) Documents relating to earlier proceedings Documents relating to earlier proceedings This rule applies where— (a) The parties to an application (other than an interlocutory application) were the parties, or some of the parties, to any previous application— 23 24 25 (1) 16 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Part 2 r 26 (i) (ii) Under the Act or any corresponding previous en­ actment; or To which the Family Proceedings Rules 1981 ap­ ply; and (b) Any such previous application was ﬁled in a Court other than that in which the latest application is ﬁled.
(2) Where this rule applies, the latest application must contain a statement showing— (a) The ﬁle number of each previous application of the kind referred to in subclause (1), if the ﬁle number is known, or if not known, any other information that the applicant considers may assist in identifying that ﬁle; and The Court in which each such previous application was ﬁled, if known.
(b) (4) (3) Any party to an application may request in writing the transfer to the Court in which the latest application is ﬁled of all docu­ ments relating to the previous application.

The Registrar may, and must on receipt of a request under sub­ clause (3) or if directed to do so by a Judge, take all necessary steps to have the documents relating to the previous applica­ tion transferred.
Compare: SR 1983/31, r 17 Certiﬁcate of lawyer 26 (1) Certiﬁcate of lawyer to be included in applications without notice 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 in­ clude a certiﬁcate, signed by that party’s lawyer, and certify­ ing— (a) That the lawyer has advised the applicant that every af­ ﬁdavit that accompanies the application must fully and frankly disclose all relevant circumstances, whether or not they are advantageous to the applicant and any other person for whose beneﬁt the order is sought; and That the lawyer has made reasonable enquiries of the applicant to establish whether the relevant circum­ (b) 17 Part 2 r 27 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 (c) stances have been disclosed, and to the best of the lawyer’s knowledge every afﬁdavit that accompanies the application discloses all such circumstances; and That the lawyer is satisﬁed— (i) That the application and every such afﬁdavit comply with the requirements of the Act and these rules; and That the order sought is one that ought to be made.
(ii) (2) A certiﬁcate given under subclause (1)— (a) Must be signed by the lawyer personally and in his or her own name; and (b) May be given by a lawyer notwithstanding that the lawyer has taken an afﬁdavit in support of the applica­ tion or any other afﬁdavit relevant to the application.
(3) Every lawyer— (a) Must, before giving a certiﬁcate in accordance with sub­ clause (1), personally satisfy himself or herself— (i) That the application and every afﬁdavit ﬁled in support of it comply with the requirements of the Act and these rules; and That the order sought is one that ought to be made; and (ii) (b) Is responsible to the Court in respect of these matters.
(4) 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.

Compare: High Court Rules, r 237; SR 1991/132, r 13; SR 1992/109, r 260 Subclause (1)(b) was substituted, as from 1 March 1997, by clause 2 Domestic Violence Amendment Rules 1997 (SR 1997/10).
Filing applications Proper Court for ﬁling applications Subject to subclause (3), an application must be ﬁled,— (a) In the Court nearest to the place where the applicant or one of the applicants resides; or In the Court nearest to the place speciﬁed by the appli­ cant or one of the applicants as his or her address for service; or (b) 27 (1) 18 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Part 2 r 29 (c) In the Court nearest to the place where the respondent or any associated respondent resides; or (d) With the written consent of every respondent and every associated respondent, in any other Court.
(2) Written consent given pursuant to subclause (1)(d) must be ﬁled with the application.

(3) 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 trans­ ferred for hearing in accordance with rule 79, as the case requires.
Compare: SR 1981/261, r 20; SR 1983/31, r 21 28 (1) (2) Proceedings commenced in wrong Court 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 proceed­ ings in that Court.
(3) Where proceedings are commenced in the wrong Court, a Judge, on such terms and conditions as the Judge considers appropriate, may— (a) Transfer the proceedings to the Court in which they ought to have been commenced; or (b) Order that the proceedings continue in the Court in which they were commenced.

(4) Subject to subclause (3), no objection may be taken at the hear­ ing or at any subsequent proceedings on the ground that the proceedings were ﬁled in the wrong Court.
Compare: SR 1983/31, r 18 Procedure on ﬁling applications 29 (1) Where an application is ﬁled, the Registrar must,— (a) (b) Enter the application in the records of the Court; and If a hearing is required, ﬁx a date and time for the hear­ ing of the application, which must be as soon as prac­ ticable; and 19 Part 2 r 30 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 (c) Where applicable, inform the applicant of the date and (d) time ﬁxed for the hearing; and Subject to rule 30, where the application is on notice, issue a copy of the application for service on the other party.
(2) Nothing in this rule limits any provision of the Act that re­ quires that, unless there are special circumstances, the hearing date assigned must be no later than a speciﬁed period after an application is made.
Compare: SR 1983/31, r 15(2)­(3) 30 Procedure for applications on notice for protection orders or property orders On the ﬁling of an application on notice for a protection order or a property order, or both, the Registrar must issue, for ser­ vice on the respondent and any associated respondent,— (a) (b) A notice to the respondent or associated respondent in A copy of the application; and (c) form DV 10; and A copy of the information sheet accompanying the ap­ plication.
Compare: SR 1983/31, r 15(3) Notices of defence and notices of intention to appear Notice of defence where application on notice 31 (1) Where an application is made on notice, any person who in­ tends to defend the application may, at least 5 clear days before the date of the hearing, ﬁle in the Court and serve on the ap­ plicant,— (a) (b) A notice of defence in form DV 11; and In the case of an application for a protection order or a property order, or both, an afﬁdavit setting out sufﬁcient particulars to indicate the grounds on which the defence is based, and sufﬁcient information to inform the Court of the facts relied on in support of the defence.
If any person to whom subclause (1) applies fails to ﬁle and serve a notice of defence and, where applicable, an afﬁdavit (2) 20 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Part 2 r 32 within the time ﬁxed by subclause (1), that person may never­ theless,— (a) File and serve such a notice and afﬁdavit at any time before the hearing; or (b) Without ﬁling and serving such a notice and afﬁdavit, appear on the day of hearing and defend the application.
In any case to which subclause (2) applies, the Court may, at the hearing,— (a) Make a decision on the application; or (b) On good cause being shown, adjourn the hearing to a ﬁxed date, time, and place, which must be as soon as practicable and, unless there are special circumstances, not more than 42 days after the date on which the ad­ journment is granted.
In any case to which subclause (2) applies, the Court may order the person concerned to pay any costs properly incurred in consequence of his or her delay or failure.
Compare: SR 1983/31, r 19 (3) (4) 32 Notice of intention to appear in relation to temporary protection order or temporary property order (1) Where a temporary protection order or a temporary property order is made, any person (being the respondent or an associ­ ated 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.
(2) 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.

(3) On the ﬁling of a notice of intention to appear in accordance with subclause (1), the Registrar must— (a) Assign a hearing date in accordance with section 76(3) of the Act; and (b) Notify the parties accordingly.
21 Part 2 r 33 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 (4) Nothing in this rule limits section 60(4)(c) of the Act.
Compare: SR 1983/31, r 19 33 Temporary property orders made on application without notice (1) Where— (a) An occupation order or a tenancy order or a furniture order is made on an application without notice; and The Court at the same time makes a temporary protec­ tion order; and A notice of intention to appear is ﬁled in accordance with rule 32 in respect of both orders,— (b) (c) the hearing date assigned under section 76 of the Act in re­ spect of the temporary property order must be the same as the hearing date assigned under that section in respect of the tem­ porary protection order.
(2) Where— (a) (c) (b) An occupation order or a tenancy order is made on an application without notice while the applicant and re­ spondent are living in the same dwellinghouse; and The Court does not at the same time make a temporary protection order; and A notice of intention to appear is ﬁled in accordance with rule 32 in respect of the occupation order or, as the case requires, the tenancy order before the order expires in accordance with section 60(4)(c) of the Act,— the hearing date assigned under section 76 of the Act in respect of the order must be a date not later than the 7th day after the date of the making of the order.
Compare: SR 1983/31, r 20 Issue of order where temporary order becomes ﬁnal or is conﬁrmed Registrar to issue order when temporary order becomes ﬁnal or is conﬁrmed Subject to subclause (3), where a temporary order becomes ﬁ­ nal (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 conﬁrm­ 34 (1) 22 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Part 3 r 35 ing that the temporary order has become ﬁnal (in whole or in part) and setting out the terms and conditions of the ﬁnal order.
(2) Where, pursuant to section 80(1)(c) of the Act, the Court con­ ﬁrms a temporary order (whether with or without variation), the Registrar must, without delay, issue a ﬁnal order in the ap­ propriate 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).
(3) Where, in relation to a property order that is a temporary order, the Court is satisﬁed that— (a) (b) (c) Notice has been given to any person having an interest in the property affected by the order; and The person so notiﬁed has taken no steps in the proceed­ ings; and The order has become ﬁnal (in whole or in part) by operation of law in accordance with section 77(1) of the Act,— 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.
(4) A Registrar may exercise the power of the Court under sub­ clause (3).
Part 3 Proceedings involving representatives Appointment of representative of minor under age of 17 35 (1) A next friend to a minor under the age of 17 years is deemed to have been duly appointed upon ﬁling in the Court— (a) An afﬁdavit showing— (i) (ii) That he or she is not under disability; and That there is unlikely to be any conﬂict between his or her interests and the interests of the minor; and (b) An undertaking to be responsible for costs awarded against the minor.
(2) The Court or the Registrar may appoint any person— 23 Part 3 r 36 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 (a) Who consents in writing; and (b) Who is not under disability; and (c) Whose interests are unlikely to conﬂict with the inter­ ests of the minor— 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.
(3) 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,— (a) The proposed guardian; or (b) Any party to the proceeding; or (c) With the leave of the Court, any other person;— 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).
Compare: SR 1992/109, rr 84, 85 The heading to rule 35 was amended, as from 26 April 2005, by section 12 Re­ lationships (Statutory References) Act 2005 (2005 No 3) by substituting the words “minor under age of 17” for the word “child”.

Subclause (1) was amended, as from 26 April 2005, by section 12 Relationships (Statutory References) Act 2005 (2005 No 3) by substituting the words “minor under the age of 17 years” for the word “child” where it ﬁrst appeared.
Subclause (1)(a)(ii) and (b) was amended, as from 26 April 2005, by section 12 Relationships (Statutory References) Act 2005 (2005 No 3) by substituting the word “minor” for the word “child”.

Subclause (2) was amended, as from 26 April 2005, by section 12 Relationships (Statutory References) Act 2005 (2005 No 3) by substituting the word “minor” for the word “child” where it was used for the ﬁrst and third times.
Subclause (2) was amended, as from 26 April 2005, by section 12 Relationships (Statutory References) Act 2005 (2005 No 3) by substituting the words “minor under the age of 17 years” for the word “child” where it was used for the second time.

Subclause (3) was amended, as from 26 April 2005, by section 12 Relationships (Statutory References) Act 2005 (2005 No 3) by substituting the word “minor” for the word “child”.
Appointment of representative of persons lacking capacity 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 sec­ tion 73 or section 92 of the Act), appoint any person— 36 (1) 24 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Part 3 r 38 (a) Who consents in writing; and (b) Who is not under disability; and (c) Whose interests are unlikely to conﬂict with the inter­ ests of the person to whom the application relates— to be guardian ad litem of that person for the purpose of taking proceedings under the Act.
(2) 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) The proposed guardian; or (b) Any party to the proceeding; or (c) With the leave of the Court, any other person.
Compare: SR 1992/109, rr 84, 85, 94 37 Responsibility of guardian ad litem for costs 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 per­ son 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.
Compare: SR 1992/109, r 85(3) Recovery of costs by representative 38 (1) 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 pur­ pose by the Court.
Compare: SR 1992/109, r 86 (2) 25 Part 3 r 39 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 39 Effect of service on person incapable of defending proceedings in own name 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 proceed­ ing until a representative or, as the case requires, a guardian ad litem has been appointed or other order made for the repre­ sentation of the person.
Compare: SR 1992/109, rr 88, 95 Retirement, removal, or death of representative 40 (1) A representative may not retire,— (a) Without leave of the Court; and (b) Unless the Court otherwise orders, without giving se­ curity for the costs already incurred or any part of those costs, if such security is required by the opposite party.

(2) A representative may be removed by the Court upon sufﬁcient cause being shown.
(3) 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 rep­ resented 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.
Compare: SR 1992/109, rr 87, 98 (4) (2) Effect of minor attaining age of 17 years 41 (1) 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.
Compare: SR 1992/109, r 89 26 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Part 3 r 42 The heading to rule 41 was amended, as from 26 April 2005, by section 12 Rela­ tionships (Statutory References) Act 2005 (2005 No 3) by substituting the word “minor attaining age of 17 years” for the word “person ceasing to be child”.
Rule 41 was amended, as from 26 April 2005, by section 12 Relationships (Statutory References) Act 2005 (2005 No 3) by substituting the word “minor” for the word “child” wherever it appears.

Subclause (1) was amended, as from 26 April 2005, by section 12 Relationships (Statutory References) Act 2005 (2005 No 3) by omitting the words “or sooner marries”.
Subclause (1) was amended, as from 26 April 2005, by section 12 Relation­ ships (Statutory References) Act 2005 (2005 No 3) by substituting the word “minor’s” for the word “child’s”.
42 Effect of ceasing to be incapacitated or unable to take proceedings (1) Where— (a) A representative has been appointed in relation to a per­ son to whom section 11 of the Act applies, and the rep­ resented person subsequently ceases to be a person to whom that section applies; or (b) A representative has been appointed in relation to a per­ son to whom section 12 of the Act applies, and the rep­ resented person subsequently ceases to be a person to whom that section applies,— 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.
Compare: SR 1992/109, r 99 (2) 27 Part 4 r 43 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 Part 4 Service General Service generally Except as otherwise provided by these rules, the Registrar must serve or cause to be served, without delay,— (a) (b) (c) (d) (e) (f) (g) (h) Every application to which rule 15 applies and that is made on notice: Every application to which rule 18 applies and that is made on notice: Every application under section 46 of the Act (which relates to the variation of a protection order) that is made on notice: Every application under section 47 of the Act (which relates to the discharge of a protection order) that is made on notice: Every application under section 55 of the Act (which re­ lates to variation and discharge of an occupation order) that is made on notice: Every application under section 59 of the Act (which relates to discharge of a tenancy order) that is made on notice: Every application under section 65 of the Act (which re­ lates to variation and discharge of an ancillary furniture order) that is made on notice: Every application under section 69 of the Act (which relates to variation and discharge of a furniture order) that is made on notice.
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.
The Registrar may permit— (a) (b) A lawyer acting as agent for that lawyer; or (c) Some person employed or engaged by a party or by either lawyer— A lawyer for a party; or 43 (1) (2) (3) 28 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Part 4 r 45 to serve any application to which subclause (1) applies.
Compare: SR 1983/31, r 26 Address for service 44 (1) Address for service 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.

(2) A party (other than the applicant) may give an address for ser­ vice by ﬁling in Court a notice of that address and serving a copy on each other party to the proceedings.
(3) Any address for service may be changed by notifying the (4) 45 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.
Compare: SR 1983/31, r 27(1)­(3), (5) Residential address not required Subject to rule 22, a person— (a) Who is a party to any proceedings relating, wholly or partly, to an application made, by or on behalf of that person, for a protection order or an order under Part 3 of the Act, or both; or (b) Who is a party to an appeal against any determination of any Court in any proceedings to which paragraph (a) applies; or (c) Who is a party to proceedings relating to, or arising out of, any proceedings in which a protection order, or an order under Part 3 of the Act, or both, are made in that person’s favour— 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.
29 Part 4 r 46 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 46 Modes of service Modes of service Except where the Act or these rules prescribe a particular or exclusive mode of service, service may be effected in any of the following ways: (a) (b) Personal service: Service at an address for service given in accordance with these rules: (c) Where an address for service of a party is the ofﬁce of a lawyer, and that lawyer has a Post Ofﬁce box address, a document exchange box number, or a facsimile num­ ber,— (i) By posting the document to the Post Ofﬁce box address; or By leaving the document at a document ex­ change for direction to that document exchange box number; or (ii) (iii) By transmitting the document to that facsimile number.
Compare: SR 1983/31, r 27(4); SR 1992/109, r 214 47 Service by means of Post Ofﬁce box, document exchange, or facsimile transmission (1) Where a document is served on a party or person in accordance with rule 46(c), that document,— (a) If posted to a Post Ofﬁce box address, is deemed to have been duly served on the earlier of— (i) The ﬁfth working day after the day on which it was so posted; or The day on which it was received; and (ii) If left at a document exchange, is deemed to have been duly served on the earlier of— (i) The second working day after the day on which it was so left; or The day on which it was received; and (ii) If transmitted to a facsimile number, is deemed, subject to subclauses (2) and (3), to have been duly served on the day on which it was so transmitted.
(b) (c) 30 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Part 4 r 49 (2) Where a document is transmitted to a facsimile number after 5 pm on any day, then, subject to subclause (3), that document is deemed to have been duly served on the ﬁrst working day after the day on which the document was received in a complete and legible condition.
The contrary is shown; and (3) A document transmitted to a facsimile number is deemed to have been received in a complete and legible condition un­ less,— (a) (b) As soon as practicable after the transmission is con­ cluded, the lawyer to whom the document was transmit­ ted notiﬁes the person who transmitted the document that the document was incomplete or illegible or both when it was received.
(4) Where a document is served under rule 46(c), the lawyer to whom the document was sent or transmitted must, on receiving the document, immediately give to the person by whom the document was served an acknowledgment, in writing or by facsimile transmission, that the document has been received and must include in that acknowledgment a statement of the date of service.
Compare: High Court Rules, r 206A; SR 1991/132, r 12; SR 1992/109, r 233 48 49 Giving of notices, etc Where the Act or these rules require a document, notice, or copy to be given to any person but does not prescribe the man­ ner 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 provi­ sions of this Part apply with all necessary modiﬁcations.
Compare: SR 1983/31, r 27(4) Cases not provided for 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.
Compare: SR 1992/109, r 214(2) 31 Part 4 r 50 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 Personal service 50 Personal service 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.
Compare: SR 1992/109, r 219 51 Who may undertake personal service (1) Every document required to be served personally may be served— (a) (b) By a bailiff; or By a member of the Police, where— (i) (ii) No bailiff is available to serve the document; or The Court or the Registrar considers it appropri­ ate in the circumstances for the document to be served by a member of the Police; or (c) By a lawyer for a party or a lawyer acting as agent for that lawyer, or by some person employed or engaged by the party or by either lawyer.
Personal service may not be effected by a party to the proceed­ ings, or by a representative, but the party or, where applicable, the representative may be present when service is effected.
Compare: SR 1983/31, r 28(2), (4) Personal service of applications on notice Except as provided by rule 59, every document, being— (a) An application on notice for a protection order or a property order, or both; or (b) An application on notice in form DV 7 or form DV 9; or A copy of an information sheet; or (c) (d) A notice to a respondent or associated respondent in form DV 10,— 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— (2) 52 (1) (2) 32 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Part 4 r 53 (a) Not less than 10 clear days before the day of hearing of the application, if service is effected in New Zealand; or (b) Not less than 21 clear days before the day of hearing of the application, if service is effected out of New Zealand.
Compare: SR 1983/31, r 28(1), (3) 53 (1) Personal service of orders Subject to subclause (2), where— (a) An order is made (including a temporary protection order, a temporary property order, an ancillary order or other order made on an application without notice, or any order varying or discharging any order made under the Act); or The Registrar issues an order pursuant to rule 34,— (b) the Registrar must, without delay, take all reasonable steps to serve a copy of the order on the parties.
(2) Where a temporary protection order or a temporary property order is to be served pursuant to subclause (1), it must be ac­ companied by— (a) (b) A copy of the relevant information sheet; and Subject to subclause (3),— (i) (ii) A copy of any accompanying afﬁdavit.
A copy of the application for the order; and (3) Where subclause (2) requires service of a temporary order on a party, a Judge may direct that one 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 docu­ ments on that party— (a) Be delayed for such period (not exceeding 5 days) after service of the temporary order as the Judge directs; or Be served on that party in such manner as the Judge directs, including (without limitation) by making the document or documents available for collection by that party from a speciﬁed place,— (b) (4) or both.
Subject to subclause (5), service of an order in accordance with subclause (1) must be effected by personal service.
33 Part 4 r 54 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 (5) Where for any reason service of an order on a party cannot be effected by personal service, service must be effected,— (a) (b) If the party is represented by a lawyer, by serving a copy of the order on the lawyer; or If the party is not represented by a lawyer, by sending a copy of the order by ordinary post addressed to that per­ son at his or her address for service (if given), or other­ wise to that person’s last known or usual place of abode or business in New Zealand, and rule 47(1)(a) applies accordingly with all necessary modiﬁcations; or By substituted service in accordance with rule 59.
(c) Compare: SR 1983/31, r 31 Extension of period for service 54 (1) Where— (a) (b) The Court makes a temporary order; and The respondent or associated respondent has not been served with a copy of the order within the 3 month period speciﬁed in section 77(1) of the Act,— 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.
(2) 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 child Personal service on a child in proceedings under the Act must be effected by serving the document, in accordance with the applicable rule,— (a) On the child’s representative appointed under these rules; or If there is no such representative for the time being, on any adult person with whom the child resides and under whose care the child is.
(b) Compare: SR 1992/109, r 228 Personal service on persons lacking capacity Personal service on a person on whose behalf proceedings have been brought by a representative pursuant to section 11 of 55 56 34 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Part 4 r 59 the Act must be effected by serving the document, in accord­ ance with the applicable rule,— (a) On that person’s representative appointed under these rules; or If there is no such representative for the time being, on any adult person with whom the party resides or in whose care he or she is.
(b) Compare: SR 1992/109, r 228 57 58 Personal service on person to whom section 12 relates Personal service on a person in relation to whom a representa­ tive is appointed under section 12 of the Act must be effected by serving the document, in accordance with the applicable rule, on the representative.
Lawyer accepting service Lawyer accepting service Where a lawyer represents that he or she is authorised to accept service of any document on behalf of any party, the document is deemed to have been served if the lawyer signs a note that he or she accepts service on behalf of that party.
Compare: SR 1992/109, r 236 Substituted service Substituted service 59 (1) Where for any sufﬁcient reason service of any document, in­ cluding 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 con­ ditions as it considers appropriate, make an order— (a) Giving leave for steps to be taken to bring the document to the knowledge of the person to be served by adver­ tisement or in some other manner; or (b) Dispensing altogether with service.
(2) 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.

35 Part 4 r 60 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 (3) 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.

(4) A Registrar may exercise the powers of the Court under this rule.
Compare: SR 1983/31, r 29 Proof of service Proof of service 60 (1) Where any bailiff or other ofﬁcer of a Court or any member of the Police serves any document, service may be proved by showing the fact and the date and mode of service— (a) In an endorsement on the original document or a copy of it, which endorsement must be signed by the person who served the document; or In a certiﬁcate attached to the original document or a copy of it, which certiﬁcate must be signed by the per­ son who served the document.
(b) (2) Without limiting subclause (1), where a document has been personally served, service may be proved— On oath before the Court; or (a) By an afﬁdavit of service in form DV 14.

(b) (3) Where service of a temporary protection order or a ﬁnal pro­ tection order is sought to be proved in a manner speciﬁed in subclause (1) or subclause (2)(b), the endorsement, or as the case may be, the certiﬁcate or afﬁdavit must also state the time that service took place.
(4) Where substituted service is effected by advertisement, service may be proved by afﬁdavit, which must— (a) Show the names of the newspapers in which the adver­ tisement is published and the respective dates of publi­ cation; and (b) Have attached to it, as exhibits, extracts taken from those newspapers and showing those advertisements.
Compare: SR 1983/31, rr 29(3), 30 36 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Part 4 r 63 Notiﬁcations to police Copies of orders to be sent to Police 61 (1) 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.
(2) Where a copy of a protection order is made available to a Dis­ trict 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.
Compare: SR 1983/31, r 31(4) (3) 62 Information on service of certain orders to be communicated to Police (1) Any person who is required by section 89 of the Act to no­ tify the ofﬁcer 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.
(2) 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.

Copy of order issued under rule 34 to be sent to Police 63 (1) Where a Registrar issues an order pursuant to rule 34, the Registrar must ensure that a copy of the order is made avail­ able, without delay, to the District Commander at the appro­ priate Police District Headquarters.
37 Part 5 r 64 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 (2) 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).
Part 5 Applications and directions in the course of proceedings General procedure 64 (1) Where the Act or these rules expressly or impliedly authorise any application in the course of proceedings, or any applica­ tion 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 applic­ able to the application, the following provisions apply: (a) (b) (c) The application may be made either in Court or in Chambers and either on an application without notice or on notice: If the application is made without notice, it must be in form DV 8: If the application is made on notice, it must be ﬁled in Court and served on the opposite party not later than 3 clear days before the time appointed for the hearing of the application, unless the Judge or Registrar dispenses with notice or gives leave for shorter notice: (e) (d) No afﬁdavit need be ﬁled with the application in the ﬁrst instance, but the Judge or Registrar may direct evidence to be given in such manner as the Judge or Registrar thinks ﬁt: On the hearing of the application, the Judge or Registrar may make such order as he or she considers appropriate: If the Registrar has power to hear and determine the ap­ plication, the applicant must, unless a Judge otherwise orders, make the application to the Registrar in the ﬁrst instance: (f) (g) Where the application is made to the Registrar, he or she may, if in doubt as to the proper order to be made, refer the application to a Judge immediately or at the next convenient opportunity, and the Judge may hear the 38 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Part 5 r 66 (h) application and make such order as the Judge considers appropriate: The costs of any interlocutory application— Are in the discretion of the Court; and (i) If allowed, are costs in the proceedings, unless (ii) the Judge or Registrar otherwise orders: (i) Where the Registrar has made an order to which this rule applies,—
 (i) Any party who is dissatisﬁed with the order may apply to a Judge on notice to vary or rescind the order; and (ii) On hearing the application, the Judge may vary or rescind the order and may make such order as he or she considers appropriate: The application need not be heard by the Judge before whom other applications in the same proceedings are pending: If the Registrar is satisﬁed that, by reason of the absence of a Judge, any application can be more expeditiously heard and determined in some other Court, the Regis­ trar may, of his or her own motion or on the request of either party, order that the application be transferred for hearing to that Court, and the provisions of rule 82 ap­ ply to the transfer.
(j) (k) (2) 65 The jurisdiction of the Court to hear any interlocutory appli­ cation may be exercised by the Registrar, unless there is pro­ vision to the contrary in the Act or these rules.

Compare: SR 1983/31, r 36 Interlocutory applications without notice 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.
Compare: SR 1983/31, r 37 66 (1) Enlargement or abridgement of time Subject to the Act and these rules, any of the times ﬁxed by these rules for— 39 Part 6 r 67 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 Taking any steps in any proceedings; or Filing any document; or Giving or serving any notice— (a) (b) (c) may be enlarged or abridged by consent of both parties or by the Court on the application of either party.
(2) An order enlarging time may be made even though the appli­ cation for the order is not made until after the expiration of time allowed or appointed.

(3) An order enlarging or abridging time may be varied by the Court on the application of either party.

(4) 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.
Compare: SR 1983/31, r 38 Part 6 Amendment Amendment before service The Registrar may, on the written request of the applicant at any time before the service of the application, amend any ap­ plication.

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 36 of the Act.
Compare: SR 1983/31, r 32 Amending proceedings The Court may, either on or without the application of either party and at any stage of the proceedings,— (a) Amend any defect or error in any proceedings, whether the defect or error is that of the party applying to amend or not: (b) Amend the name, address, or occupation of either of the parties as set out in any document in the proceedings: (c) Make any other amendment that may be necessary for the purpose of determining the real question in dispute between the parties;— 67 (1) (2) 68 40 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Part 7 r 71 and the proceedings continue in all respects as if they had been commenced in the form in which they appear after the amend­ ment has been made.
Compare: SR 1983/31, r 33 Amendment of application or notice of defence 69 (1) 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,— (a) Without the leave of the Court, at any time before the application has been set down for hearing; or (b) With the leave of the Court, at any time after the applica­ tion has been set down for hearing or where no hearing is required.
(2) 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 modiﬁ­ cations, applies in relation to a notice of intention to appear.
Compare: SR 1983/31, r 34 (3) 70 71 (1) Clerical mistakes and slips The Court or a Registrar may at any time correct— (a) (b) Clerical mistakes in judgments or orders: Errors in judgments or orders, where the errors arise from any accidental slip or omission.
Compare: SR 1983/31, r 35 Part 7 Conferences Power of Judge to call conference For the purpose of ensuring that any application under the Act may be determined in a just, expeditious, and economical man­ ner, a Judge may at any time, either on the application of ei­ ther party or their lawyer or without such application, on such terms as the Judge thinks ﬁt, direct the holding of a conference of— (a) Parties; or 41 Part 7 r 72 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 (2) The lawyers representing the parties.
(b) The Judge must preside over the conference and may adjourn the conference from time to time and from place to place.

(3) 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.

(4) Where the conference is held pursuant to subclause (1)(b), any party who is not represented by a lawyer may attend the con­ ference.
Compare: SR 1988/46, r 11 Orders and directions 72 (1) At any conference held pursuant to rule 71, the Judge presiding may make such orders and give such directions as appear best adapted— (a) To ensure that the object of the Act (as set out in section 5 of the Act) is attained; and To secure the just, expeditious, and economical disposal of the application under the Act.
(b) (2) Without limiting the generality of subclause (1), the Judge may— (a) (b) Direct by whom and within what time any afﬁdavit or Settle the issues to be determined: (c) other document must be ﬁled: Require any party to make admissions in respect of questions of fact, and, if that party refuses or fails to make an admission in respect of any such question, re­ quire that party (subject to the direction of the Judge hearing the application) to bear the costs of proving that question at the hearing: (d) Abridge, extend, or ﬁx a time for the ﬁling of any docu­ (e) ment or the doing of any other thing: Require further or better particulars of any facts or other circumstances connected with the application: (f) Fix a time and place for the hearing of the proceedings: (g) Give such consequential directions as may be necessary.
Compare: SR 1988/46, r 12 42 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Part 8 r 75 73 74 (1) (2) Non­compliance with order If any party fails to comply with an order made under rule 72, the following provisions apply: (a) If the party failing to comply with the order is the ap­ plicant, the Court may order the proceedings to be dis­ missed or stayed until the order is complied with: If the party failing to comply with the order is not the applicant, the Court may order that the party be allowed to defend or to appear at the hearing only on such terms as the Court considers appropriate: The failure may be taken into account by the Court in exercising its power to make an order as to costs.
(b) (c) Compare: SR 1988/46, r 13 Part 8 Evidence Order for production of documents The Court may at any stage of the proceedings order the pro­ duction 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 sub­ clause (1), the following provisions apply: (a) If the party failing to comply with the order is the ap­ plicant, the Court may order the proceedings to be dis­ missed or stayed until the order is complied with: If the party failing to comply with the order is not the applicant, the Court may order that the party be allowed to defend or to appear at the hearing only on such terms as the Court considers appropriate.
(b) Compare: SR 1983/31, r 39 75 Powers of Judge or Registrar not suspended by examination of witnesses out of Court 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 43 Part 8 r 76 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 76 77 78 79 any Judge or Registrar of any power or jurisdiction that he or she would otherwise possess in respect of the application.
Compare: SR 1983/31, r 40 Taking evidence outside New Zealand 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.

Compare: SR 1983/31, r 41 Summons to attend before Court Any summons issued pursuant to section 82 of the Act must be in form DV 15.
Part 9 Transfer of proceedings or hearing Transfer of proceedings 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.
Compare: SR 1983/31, r 22 Transfer of hearing A Court or Registrar may order that the hearing of any appli­ cation 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.
Compare: SR 1983/31, r 23 Transfer with or without application 80 (1) A Court or Registrar may order a transfer pursuant to rule 78 or rule 79— (a) On the Court’s or, as the case requires, the Registrar’s own motion; or 44 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Part 9 r 82 (b) On the application of any party on not less than 3 days’ notice.
(2) Where a Registrar declines an application to transfer any pro­ ceedings or hearing, the applicant may ask the Court to review that decision; and in that case the Court may make such deci­ sion on the application as it thinks ﬁt.

(3) Where an order is made for transfer of any proceedings or hearing,— (a) (b) The order must be endorsed on the application; and The Registrar must cause notice of the transfer to be given to all parties.
Compare: SR 1983/31, r 24 Procedure on transfer of proceedings 81 (1) Where an order is made under rule 78 for the transfer of any proceedings,— (a) The Registrar of the Court in which the order is made must send to the Registrar of the other Court all the documents in his or her custody relating to the proceed­ ings; and The Registrar of the Court to which the proceedings are transferred must enter the proceedings in the records of that Court.
(b) (2) On transfer, the proceedings continue as if they were originally ﬁled in the Court to which they have been transferred.

(3) Compare: SR 1981/261, r 37; SR 1983/31, r 25 Subclause (3) was revoked, as from 21 October 2002, by rule 4 Domestic Vio­ lence Amendment Rules (No 2) 2002 (SR 2002/260).
Procedure on transfer of hearing 82 (1) Where an order is made under rule 79 for the transfer of a hearing,— (a) The Registrar of the Court in which the application is pending must— (i) Send to the Registrar of the other Court all the documents in his or her custody relating to the proceedings; and (ii) Note the records of the Court accordingly; and 45 Part 10 r 83 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 (b) The Registrar of the Court in which the proceedings are to be heard must make an appropriate entry in the records of the Court.
(2) For the purposes of the hearing, the application must be dealt with as if it had been ﬁled in the Court of hearing.
(3) When the hearing is concluded,— (a) (b) The Registrar of the Court of hearing must return all the documents relating to the proceedings, including every order that has been made in those proceedings, to the Registrar of the Court from which the documents were sent; and The Registrar to whom the documents are returned must— (i) Record every order made in the proceedings in the records of the Court; and Take such steps (if any) required by rule 53 to serve a copy of every order on the parties.
(ii) Compare: SR 1981/261, r 37; SR 1983/31, r 25 Part 10 Proceedings relating to attendance at programmes Notice of objection 83 (1) A notice of objection given under section 36 of the Act must be in form DV 26.
(2) Where a notice of objection is received, the Registrar must,— Arrange for a copy of the notice to be served on the applicant for the protection order; and (a) (b) Advise the applicant that he or she may make written submissions in relation to the objection, and that any such submissions must be received within 5 clear days of service of the notice on the applicant; and (c) Where the objector wishes to be heard, advise the ap­ plicant that he or she is entitled to appear and be heard in the matter, either in person or by his or her lawyer.
46 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Part 10 r 87 How notice of objection to be dealt with 84 (1) A Registrar may exercise the powers of the Court under sec­ tion 37 of the Act, except that a Registrar may not discharge a direction.

(2) 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.
(3) Where the objector does not wish to be heard, then, subject to subclause (1), the objection may be dealt with on the papers.

(4) Where— (a) (b) The objector wishes to be heard; or The Court or a Registrar considers that a hearing is ne­ cessary,— (5) 85 86 87 the Registrar must assign a hearing date in accordance with section 36(3) of the Act.
The objector,— (a) May make written submissions in respect of the objec­ tion: (b) Where a hearing is required, may appear and be heard, either in person or by his or her lawyer.
Notice of result of objection Where a decision on an objection is made pursuant to section 37(1) of the Act (whether on the papers in accordance with rule 84(3) or after a hearing), the Registrar must, as soon as practicable,— (a) Cause the decision to be drawn up in form DV 27; and (b) Arrange for a copy of the decision to be served on the parties.

Request by provider for variation of programme A request made under section 41 of the Act must be in form DV 28.
Decision of Court under section 42 Rule 85 applies, with any necessary modiﬁcations, in relation to a decision of the Court pursuant to section 42 of the Act.

47 Part 10 r 88 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 Summons to attend before Court Where, pursuant to section 42 of the Act, the Court calls the respondent or the associated respondent before the Court, the summons must be in form DV 15.
Part 11 Enforcement of property orders Enforcement of occupation and tenancy orders Rules 626 and 627 of the District Courts Rules apply in rela­ tion to the enforcement of an occupation order or a tenancy order.

Enforcement of ancillary furniture orders and furniture orders Rule 622 of the District Courts Rules applies in relation to the enforcement of an ancillary furniture order or a furniture order.
Part 12 Registration of foreign protection orders Registration of foreign protection orders Where a certiﬁed copy of a foreign protection order is regis­ tered pursuant to section 97 of the Act, the Registrar must— Enter the particulars of the order in the Family Proceed­ (a) ings Records in the same manner as if the order had been made by the District Court in which the order is regis­ tered; and (b) Add to that entry and on all copies of the order the words “Registered in the District Court at [Place of registra­ tion] on [Date of registration] pursuant to section 97 of the Domestic Violence Act 1995”.
Compare: SR 1981/261, r 60 Paragraph (a) was amended, as from 21 October 2002, by rule 5 Domestic Vio­ lence Amendment Rules (No 2) 2002 (SR 2002/260) by omitting the words “the Family Court which is a division of”.
88 89 90 91 48 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Part 12 r 93 92 (1) (2) Notice of registration of foreign protection orders The Registrar of the Court in which an order is registered pur­ suant to section 97 of the Act must cause notice of the regis­ tration 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.
Compare: SR 1981/261, r 61 Notice to be given to foreign court or authority 93 (1) Where a foreign protection order is registered pursuant to sec­ tion 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.
(2) 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.
(3) 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.
(4) Where this rule requires a notice or a copy of a notice or of an order to be sent,— (a) The notice or copy may, in the ﬁrst instance, be sent by means of electronic transmission (whether by way of facsimile transmission, electronic mail, or other similar means of communication): (b) Whether or not the notice or copy is sent by electronic transmission, the notice or copy must also be sent, in documentary form, by airmail or in such other manner as is appropriate in the circumstances.
49 Part 13 r 94 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 Part 13 Records 94 (1) Records 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.

(2) 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.
Compare: SR 1983/31, r 7 95 (1) Searches Subject to subclause (2), rule 69 of the District Courts Rules applies to the search of the records of and the docu­ ments ﬁled in the District Court in relation to any proceedings under the Act.
(2) 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.
Compare: SR 1983/31, r 8 Transfer of information to criminal court In this rule, the term domestic violence offence means an of­ fence against any enactment (other than the Act) in any case where— (a) The offence is committed— (i) By a person against whom a protection order is in force, or in respect of whom proceedings on an application for a protection order are pending, at the time the offence is committed; and (ii) Against any person who is a protected person (within the meaning of the Act) under that pro­ tection order, or whom that application seeks to make a protected person, as the case may be; and The offence consists of or includes conduct that is do­ mestic violence.
(b) 96 (1) 50 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Part 14 r 97 (2) This rule applies where,— (a) In any criminal proceedings for a domestic violence of­ fence, there is reason to believe that the defendant in those proceedings is or has been a party to any proceed­ ings under the Act (in this rule referred to as the civil proceedings) for a protection order or a property order, or both; and Information relating to the civil proceedings may be relevant for the purposes of those criminal proceedings, including (without limitation) for the purposes of as­ sisting in the preparation of a probation ofﬁcer’s report under section 26 of the Sentencing Act 2002.
(b) (3) Where this rule applies, the Court dealing with the criminal proceedings, or a Registrar of that Court, may request the Registrar of the Court in which the civil proceedings are be­ ing, or have been, dealt with to supply,— (a) Information about the current status of the civil pro­ ceedings: (b) A copy of any order made in the civil proceedings.
(4) A Registrar to whom a request is made pursuant to subclause (3) must, without delay, provide to the requesting Court or Registrar as much of the information requested as the requested Registrar has available to him or her.

Subclause (2)(b) was amended, as from 30 June 2002, by rule 3 Domestic Vio­ lence Amendment Rules 2002 (SR 2002/185) by substituting the words “sec­ tion 26 of the Sentencing Act 2002” for the words “section 15 of the Criminal Justice Act 1985”.
Part 14 Miscellaneous provisions 97 (1) (2) Court and Chambers 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— 51 Part 14 r 98 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 (a) Order that any party to the proceedings and the persons representing any party or the child be excluded from the hearing for so long as may be necessary to ascertain the wishes of the child; or (b) Direct when and where the Court will ascertain the child’s wishes.
Compare: SR 1981/261, r 71(2); SR 1983/31, r 42 Powers of Registrar 98 (1) Where the Registrar is authorised under these rules to hear and determine any proceedings or to exercise any other jurisdic­ tion, 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.

(2) 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.
(3) Nothing in this rule authorises a Registrar to commit any per­ son to a prison or to enforce any order by committal.

(4) Any order made by a Judge may be signed by the Registrar in his or her own name and description.

Compare: SR 1983/31, r 43 Subclause (3) was amended, as from 1 June 2005, by section 207 Corrections Act 2004 (2004 No 50) by substituting the word “prison” for the words “penal institution”.

See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
99 Witness entitled to expenses (1) Subject to subclauses (2) and (3),— (a) Every witness attending a Court upon a witness sum­ mons; and Every other person giving evidence in the course of the proceedings— (b) 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 19743.
3 SR 1974/124 52 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Part 14 r 101 (2) The Court may, on application, disallow the whole or any part of that sum.

(3) 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 42 or section 78(5) of the Act).

(4) Nothing in subclause (3) limits regulation 3 of the Domestic Violence (General) Regulations 1996.
Compare: SR 1983/31, r 44 100 Revocation The Domestic Protection Rules 1983 (SR 1983/31) are hereby revoked.
101 Transitional provisions (1) 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, docu­ ments, warrants, judgments, orders, decisions, directions, ap­ peals, 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 ori­ ginated under the corresponding provisions of these rules, and accordingly are, where necessary, regarded as having so ori­ ginated.
Subject to section 133 of the Act, all proceedings in any Court under or pursuant to any of the provisions of the Domestic Pro­ tection Act 1982 and that have not been determined or com­ pleted before the commencement of these rules may be con­ tinued, completed, and enforced under these rules, and accord­ ingly these rules, so far as practicable, apply to those proceed­ ings.
(2) (3) 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.
53 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 (4) 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.
Compare: SR 1983/31, r 47 Schedule 1 Forms Rule 9 DV 1—General Heading DV 2—Application for Protection Order/Property Orders DV 3—Afﬁdavit in Support of Application for Protection Order/Property Orders DV 4—Notice of Residential Address and Request for Conﬁ­ dentiality DV 5—Information for Police Where Application Made for Protection Order DV 6—Application for Appointment as Representative DV 7—Application on Notice DV 8—Application Without Notice DV 9—Application for Modiﬁcation, Discharge, or Impos­ ition of Standard Condition relating to Weapons DV 10—Notice to Respondent or Associated Respondent DV 11—Notice of Defence DV 12—Notice of Intention to Appear DV 13—Notice by Advertisement DV 14—Afﬁdavit of Service DV 15—Summons to Appear as Witness/Appear Before Court DV 16—Temporary Protection Order DV 17—Protection Order DV 18—Temporary Occupation Order DV 19—Occupation Order DV 20—Temporary Tenancy Order • • • • • • • • • • • • • • • • • • • • 54 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Schedule 1 • • • • • • • • • DV 21—Tenancy Order DV 22—Temporary Ancillary Furniture Order DV 23—Ancillary Furniture Order DV 24—Temporary Furniture Order DV 25—Furniture Order DV 26—Objection to Direction to Attend Programme DV 27—Notice of Result of Objection to Direction to Attend Programme DV 28—Request by Programme Provider for Variation of Di­ rection to Attend Programme DV 29—Notice of Registration of Foreign Protection Order Form DV 1 General heading Rule 12(1) (Where not otherwise provided in these rules) Form DV 2 Application for protection order/property orders Rule 5(1) 55 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 Form DV 2—continued Section 7 (or Section 52 or Section 56 or Section 62 or Section 66), Domestic Violence Act 1995 56 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Schedule 1 Form DV 2—continued 57 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 Form DV 2—continued 58 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Schedule 1 Form DV 2—continued FORM DV 2 CERTIFICATE OF LAWYER paragraph (b) was substituted, as from 1 March 1997, by clause 3 Domestic Violence Amendment Rules 1997 (SR 1997/10).
59 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 Form DV 2—continued Form DV 2 was amended, as from 26 April 2005, by section 12 Relationships (Statutory References) Act 2005 (2005 No 3) by substituting from the last note the words “minor under the age of 17 years” for the word “child”.
60 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Schedule 1 Form DV 3 Afﬁdavit in support of application for protection order/property orders Rule 2 Domestic Violence Act 1995 61 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 Form DV 3—continued 62 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Schedule 1 Form DV 3—continued 63 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 Form DV 3—continued 64 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Schedule 1 Form DV 3—continued 65 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 Form DV 3—continued Form DV 3 was amended, as from 26 April 2005, by section 12 Relationships (Statutory References) Act 2005 (2005 No 3) by inserting in points 3 and 8 the words “spouse or” immediately before the word “partner”.
66 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Schedule 1 Form DV 4 Notice of residential address and request for conﬁdentiality Rule 22 Domestic Violence Act 1995 Form DV 5 Information for police where application made for protection order Rule 23 67 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 Form DV 5—continued Domestic Violence Act 1995 68 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Schedule 1 Form DV 5—continued Form DV 6 Application for appointment as representative Rules 35, 36 69 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 Form DV 6—continued Section 9 (or Section 11 or Section 12), Domestic Violence Act 1995 70 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Schedule 1 Form DV 6—continued 71 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 Form DV 6—continued 72 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Schedule 1 Form DV 6—continued Form DV 6 was amended, as from 26 April 2005, by section 12 Relationships (Statutory References) Act 2005 (2005 No 3) by substituting the word “minor” for the word “child” wherever it appears (except in paragraph (c)(iii) in the part of the form relating to an application to be appointed representative of a person lacking capacity).
Form DV 6 was amended, as from 26 April 2005, by section 12 Relationships (Statutory References) Act 2005 (2005 No 3) by substituting the words “under the age of 16 years” for the words “not a child” from paragraph (c)(iii) in the part of the form relating to an application to be appointed representative of a person lacking capacity.
73 Schedule 1 Domestic Violence Rules 1996 Form DV 7 Application on notice Domestic Violence Act 1995 Reprinted as at 3 September 2007 Rules 13, 16 74 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Schedule 1 Form DV 7—continued 75 Schedule 1 Domestic Violence Rules 1996 Form DV 8 Application without notice Domestic Violence Act 1995 Reprinted as at 3 September 2007 Rule 17 76 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Schedule 1 Form DV 8—continued 77 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 Form DV 9 Application for modiﬁcation, discharge, or imposition of standard condition relating to weapons Rule 18 Section 22, Domestic Violence Act 1995 78 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Schedule 1 Form DV 9—continued 79 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 Form DV 10 Notice to respondent or associated respondent Rule 80(b) Domestic Violence Act 1995 80 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Schedule 1 Form DV 10—continued 81 Schedule 1 Domestic Violence Rules 1996 Form DV 11 Notice of defence Domestic Violence Act 1995 Reprinted as at 3 September 2007 Rule 31 82 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Schedule 1 Form DV 11—continued 83 Schedule 1 Domestic Violence Rules 1996 Form DV 12 Notice of intention to appear Section 76, Domestic Violence Act 1995 Reprinted as at 3 September 2007 RULE 32 84 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Schedule 1 Form DV 13 Notice by advertisement Rule 59(3) Domestic Violence Act 1995 85 Schedule 1 Domestic Violence Rules 1996 Form DV 14 Afﬁdavit of service Domestic Violence Act 1995 Reprinted as at 3 September 2007 Rule 60 Form DV 15 Summons to appear as witness/appear before court Rules 77, 88 86 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Schedule 1 Form DV 15—continued Section 82, Domestic Violence Act 1995 87 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 3
 September 2007 Form DV 15—continued 88 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Schedule 1 Form DV 16 Temporary protection order Rule 9 Section 14, Domestic Violence Act 1995 89 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 Form DV 16—continued 90 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Schedule 1 Form DV 16—continued 91 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 Form DV 16—continued 92 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Schedule 1 Form DV 16—continued 93 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 Form DV 16—continued 94 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Schedule 1 Form DV 16—continued 95 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 Form DV 16—continued Form DV 17 Protection order Rule 9 96 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Schedule 1 Form DV 17—continued Section 14, Domestic Violence Act 1995 97 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 Form DV 17—continued 98 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Schedule 1 Form DV 17—continued 99 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 Form DV 17—continued 100 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Schedule 1 Form DV 17—continued 101 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 Form DV 17—continued 102 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Schedule 1 Form DV 17—continued 103 Schedule 1 Domestic Violence Rules 1996 Form DV 18 Temporary occupation order Section 53, Domestic Violence Act 1995 Reprinted as at 3 September 2007 Rule 9 104 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Schedule 1 Form DV 18—continued 105 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 Form DV 18—continued 106
 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Schedule 1 Form DV 18—continued 107 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 Form DV 18—continued Form DV 19 Occupation order Rule 9 Section 53, Domestic Violence Act 1995 108 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Schedule 1 Form DV 19—continued 109 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 Form DV 19—continued 110 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Schedule 1 Form DV 20 Temporary tenancy order Rule 9 Section 5 7, Domestic Violence Act 1995 111 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 Form DV 20—continued 112 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Schedule 1 Form DV 20—continued 113 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 Form DV 20—continued 114 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Schedule 1 Form DV 21 Tenancy order Section 57, Domestic Violence Act 1995 Rule 9 115 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 Form DV 21—continued 116 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Schedule 1 Form DV 22 Temporary ancillary furniture order Rule 9 Section 63, Domestic Violence Act 1995 117 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 Form DV 22—continued 118 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Schedule 1 Form DV 22—continued 119 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 Form DV 22—continued 120 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Schedule 1 Form DV 22—continued 121 Schedule 1 Domestic Violence Rules 1996 Form DV 23 Ancillary furniture order Section 63, Domestic Violence Act 1995 Reprinted as at 3 September 2007 Rule 9 122 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Schedule 1 Form DV 23—continued 123 Schedule 1
 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 Form DV 23—continued 124 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Schedule 1 Form DV 24 TEMPORARY FURNITURE ORDER Rule 9 Section 67, Domestic Violence Act 1995 125 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 Form DV 24—continued 126 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Schedule 1 Form DV 24—continued 127 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 Form DV 24—continued 128 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Schedule 1 Form DV 24—continued 129 Schedule 1 Domestic Violence Rules 1996 Form DV 25 FURNITURE ORDER Section 67, Domestic Violence Act 1995 Reprinted as at 3 September 2007 Rule 9 130 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Schedule 1 Form DV 25—continued 131 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 Form DV 25—continued 132 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Schedule 1 Form DV 26 Objection to direction to attend programme Rule 83(1) Section 36, Domestic Violence Act 1995 133 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 Form DV 26—continued 134 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Schedule 1 Form DV 27 Notice of result of objection to direction to attend programme Rule 85 Section 37, Domestic Violence Act 1995 135 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 3 September 2007 Form DV 28 Request by programme provider for variation of direction to attend programme Rule 86 Section 41, Domestic Violence Act 1995 136 Reprinted as at 3 September 2007 Domestic Violence Rules 1996 Schedule 2 Form DV 29 Notice of registration of foreign protection order Rule 92 Section 97, Domestic Violence Act 1995 Schedule 2 Provisions of the District Courts Rules that do not apply to proceedings under the Act Rule 7 Rules 5, 6, 11, 12, 30­32, 74, 103,
 112, 113, 126, 127, 130­132, 151­167, 208, 210, 214, 219, 228, 236, 239, 251­253, 255­257, 260, 261, 263, 266­272, 332, 426­430, 439­451, 483, 496(3), 531, 610, and 631­648.
MARIE SHROFF, 137 Explanatory note Domestic Violence Rules 1996 Reprinted as at 3 September 2007 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 1 July 1996, prescribe the pro­ cedure to be followed in respect of proceedings under the Domestic Violence Act 1995.

Issued under the authority of the Acts and Regulations Publication Act 1989.
Date of notiﬁcation in Gazette: 13 June 1996.

138