Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698750273729.pdf (New Zealand)
Reprint as at 14 July 2017 Family Court Rules 2002 (SR 2002/261) Act name: amended, on 1 March 2017, by section 254(a) of the District Court Act 2016 (2016 No 49).

Silvia Cartwright, Governor-General Order in Council At Wellington this 16th day of September 2002 Present: Her Excellency the Governor-General in Council Pursuant to section 16A of the Family Courts Act 1980, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Coun- cil, makes the following rules.
Contents Part 1 Preliminary provisions Commencement Title Commencement Page 20 20 1 2 Note Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These rules are administered by the Ministry of Justice.
1 Family Court Rules 2002 Reprinted as at 14 July 2017 Purpose of these rules Overview of these rules Purpose Overview Application Application of these rules Limited application of District Courts Rules 2014 Special rules for proceedings under certain family law Acts No special rules for proceedings under certain family law Acts Interpretation Interpretation Words and expressions defined in Acts References to prescribed forms Registrars’ duties and powers Requirements imposed on Registrars by rules Powers of Registrars under rules General matters Practices must be consistent Directions in case of doubt Matters not expressly provided for in rules Judges may give directions to regulate court’s business Failure to comply with rules Part 2 General procedure in Family Courts Overview of Part Overview of this Part Commencement of proceedings How proceedings are commenced What to file Documents to be filed to make application Special rules relating to affidavits Special rules relating to other documents Applications generally to be made on notice Applications that may be made without notice Two or more applications may be made together Documents relating to earlier proceedings Documents or forms for filing to comply with requirements Where applications to be made Applications to be filed in proper court 3 4 5 5A Reprinted as at 14 July 2017 Family Court Rules 2002 How to file documents in court How to file documents in court Procedure if applications presented or accepted for filing in wrong court Procedure if applications presented for filing but incomplete or otherwise not in order Procedure if application on notice accepted for filing Procedure if application without notice accepted for filing Orders made on applications without notice Before any hearing Documents to be served if applications on notice Who must be served with applications on notice Special rules relating
 to service Service of applications under certain Acts Persons served with applications to give address for service Notice of defence or notice of intention to appear Time within which notice of defence, or notice of intention to appear, to be filed and served Non-compliance with rule 41 Appearance under protest to jurisdiction Appearance for ancillary purposes Appearance reserving rights Forms for entering appearance Getting more information or getting admissions Evidence at hearing generally to be by affidavit Procedure when evidence given by affidavit Witness summons Witness entitled to expenses Conferences Fixing date and time for hearing of application Judge may require Registrar to fix date and time for hearing of application Parties may require Registrar to fix date and time for hearing of application Parties to give Registrar information affecting duration of hearing Only certain steps may be taken after notice of hearing date given Steps at hearing Court and Chambers Ascertaining wishes or views of child or young person Procedure if some or all parties do not appear Judgment following non-appearance may be set aside Procedure if all parties appear 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 52A 52B 52C 52D Family Court Rules 2002 Steps at end of hearing Reprinted as at 14 July 2017 58 59 60 What court may do at end of hearing Rehearings Rehearings Rights of appeal to High Court Rights of appeal under family law Acts Part 3 Rules about particular aspects of proceedings 61 Overview of this Part Overview of Part Forms Forms 62 62A Approved forms for use in proceedings to which Part 5A applies 62AB Approved forms for use in proceedings under Domestic Violence Act 1995 Shape, etc, of documents to be filed Documents to which rules 64 to 69 apply Paper Contents must be only on 1 side of paper Margin Numbers Division into
 paragraphs Fastening and numbering of pages Contents must be legible Signature to be original Front page Heading Front page must comply with requirements of rule 82 How to file documents in court Filing documents Ways documents may be presented for filing Amendment of certain documents filed Amendment of application form before it is served Amending documents in proceedings Amendment of application form, or notice of defence or intention to appear Lawyers Party need not have lawyer Lawyers who are, or act for, adverse parties Reprinted as at 14 July 2017 Family Court Rules 2002 82 83 83A 84 85 86 87 88 89 90 90A 90B 90C 90D 90E 90F 90G 90H 91 92 93 94 95 96 97 98 Memorandum to be on front page with first document filed Lawyer filing documents on behalf of party Authority of certain Australian solicitors in certain trans-Tasman proceedings: District Courts Rules 2014 apply Lawyer’s warranty as to authorisation to file documents Lawyer may sign certain documents on behalf of party Lawyer acting in person Change of representation Court may declare that lawyer no longer acting for party Representatives and managers Interpretation Minor must be represented by next friend or litigation guardian Minor may apply to take part in proceedings without next friend or litigation guardian Appointment of next friend for minor Appointment of litigation guardian for minor Appointment of litigation guardian for person to whom section 11 of Domestic Violence Act 1995 applies Incapacitated person must be represented by litigation guardian Appointment of litigation guardian for incapacitated person Notification of appointment Person subject to property order must be represented by manager Managers under Protection of Personal and Property Rights Act 1988 Family Courts appointing guardians ad litem or managers for proceedings in District Courts
 Representatives and managers may sign documents and swear affidavits on behalf of party Representative capacity Responsibility of representative for costs Responsibility of manager for costs Retirement, removal, or death of representative When further steps to be taken by party and not by representative or manager 99 100 Notices Notices to be given by Registrar Notices 101 Documents to be served Service: Documents to be served Service: How documents to be served 102 103 How documents to be served Service of copies Family Court Rules 2002 Reprinted as at 14 July 2017 Service: On days that are not working days Certain documents must not be served on certain non-working days Service: Personal service Certain documents to be served by personal service Who may carry out personal service Personal service Personal service on spouse or partner Personal service if person to be served on ship Personal service on serving member of armed forces Personal service on prisoner Personal service on minors Personal service: District Courts Rules 2014 apply 104 105 106 107 108 109 110 111 112 113 Service: Lawyer may accept service on behalf of person 114 Service on lawyer on behalf of person 115 116 117 118 119 120 121 Service: At address for service Service at address for service Address for service on party or other person Change of address for service Service: If address for service is lawyer’s office Methods of service if address for service is lawyer’s office When and how documents under rule 118 to be treated as served Lawyer must acknowledge document faxed or emailed Address for service if lawyer no longer acting for party Service: by post in trans-Tasman proceedings 121A When and how documents under rule 102(2)(ca) to be treated as served Service: In manner specified in agreement 122 Service under agreement Service: On representatives, managers, and incapacitated persons 123 124 125
 Service on representative or manager Directions about service on incapacitated persons Service on party not invalid just because person incapable of taking part in proceedings 126 Order dispensing with or changing service required Service: Substituted service Service: Proof of service Proof of personal service Proof of substituted service effected by advertisement 127 128 6 74 74 75 75 76 76 77 77 77 77 78 78 78 79 79 79 80 81 81 82 82 82 83 83 84 84 Reprinted as at 14 July 2017 Family Court Rules 2002 129 Attaching copy of document to affidavit of service or certificate of service Service: On party out of New Zealand 130 Service on absentee: District Courts Rules 2014 apply Use of Māori language, translations, and sign language 131 Māori and other languages: District Courts Rules 2014 apply Changing times by which rules or orders require things to be done 132 Changing times by which things to be done Striking out and adding parties 133 Striking out and adding parties 134 Change of parties: District Courts Rules 2014 apply Change of parties by death, etc Consolidation of proceedings 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 When order may be made Application of rule 135 Getting more information and admissions Interrogatories: District Courts Rules 2014 apply Notice to admit facts Further particulars Discovery and inspection of documents Order for discovery before proceedings commenced Order for discovery after proceedings commenced Contents of affidavit of documents Order for particular discovery against non-party after proceedings commenced Incorrect affidavit to be amended Failure to include document Notice to produce for inspection Order for production for inspection Costs of production by non-party Right to make copies Production of document to court Inspection to decide validity of claim or objection Admission of documents discovered Notice to produce documents Notice to admit documents Restricted effect of admission
 Procedure when evidence given by affidavit 156 Use of affidavits 85 85 86 87 88 88 89 89 90 90 91 92 92 93 94 95 95 95 95 96 96 97 97 97 98 98 99 99 7 Family Court Rules 2002 Reprinted as at 14 July 2017 Person refusing to make affidavit Form and contents of affidavit Exhibits to affidavits Affidavit in language other than English Alterations or additions to, or erasure from, affidavit Irregularity in form of affidavit Service copies of affidavits Affidavit may be sworn on any day Affidavits made on behalf of corporations Affidavits by 2 or more deponents Affidavit by blind, disabled, or illiterate deponent Authority to take affidavits Cross-examination of deponent Other evidentiary matters Pre-hearing rulings on evidence Evidence by deposition: District Courts Rules 2014 apply Taking evidence outside New Zealand: District Courts Rules 2014 apply Evidence in trans-Tasman proceedings 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 173A Interpretation Leave to serve New Zealand subpoena on witness in Australia: District Courts Rules 2014 apply Issue of subpoenas for service in Australia Service of subpoena on witness in Australia 173B 173C 173CA Application to set aside New Zealand subpoena 173D 173E Failure to comply with subpoena Evidence and submissions by remote appearance medium from Australia: District Courts Rules 2014 apply Conferences Judge may direct that judicial conference be held Judicial conference: nature and purpose Judicial conference: how convened Judicial conference: who may attend Judicial conference: adjournment Judicial conference: orders and directions pending determination of application Judicial conference: order determining application Non-compliance with orders or directions Order or direction at conference may be varied at hearing Settlement conference Consent order may be made at settlement conference Settlement conference becomes judicial conference if issues in dispute cannot be settled 174 175 175A 175B 175C 175D
 175E 176 177 178 179 179A Reprinted as at 14 July 2017 Family Court Rules 2002 180 181 182 183 184 Change of Judge after settlement conference Further powers of Judge to ensure proceedings dealt with speedily Interlocutory injunctions Application for interlocutory injunction Undertaking as to damages Interim injunction in relation to party’s assets Injunctions and receivers 185 Application for order Transfer of proceedings and transfer for hearing 186 187 188 189 190 191 Transfer of proceedings Transfer for hearing Transfers under rule 186 or rule 187 Procedure on transfer of proceedings Procedure on transfer for hearing Transfer of proceedings to High Court 192 Adjournment of hearing Adjournment of hearing 193 Striking out pleading Striking out pleading Stay or dismissal 194 195 Stay or dismissal Dismissal if proceedings or defence not prosecuted 195A 195B Discontinuance Court may set discontinuance aside Discontinuance 196 197 198 199 200 201 202 203 204 205 206 Judgments and orders Judgment and reasons for judgment defined Time and mode of giving judgment Judgments to be sealed and dated When drawing up of order unnecessary Duplicate judgments When judgment takes effect Time for doing act to be stated If deed directed to be prepared Clerical mistakes and slips Death, etc, of Judge before judgment Service of judgments Costs 207 Costs at discretion of court Family Court Rules 2002 Reprinted as at 14 July 2017 207A 207B Enforcement of order for costs Security for costs: District Courts Rules 2014 apply Investment of funds in court 208 Investment of funds in court Inspection and testing of property 208A Inspection and testing of property Interim preservation, etc, of property 208B Interim preservation, etc, of
 property Rehearings 209 210 211 212 213 Application for rehearing Court may order rehearing Evidence by affidavit on application for rehearing Order for rehearing Procedure for rehearing Contempt 214 Contempt of court: District Courts Rules 2014 apply Part 4 Interlocutory matters Overview of Part Interpretation 215 Overview of this Part 216 Interpretation Consent memoranda instead of interlocutory applications 217 Consent memoranda instead of applications 218 219 220 221 222 Interlocutory applications on notice or without notice Applications generally to be made on notice Who must be served with copy of application on notice Applications that may be made without notice Who interlocutory applications to be heard and determined by Applications to be heard and determined by Registrars Applications to be heard and determined by Judges Form of interlocutory applications 223 Form of applications Evidence on interlocutory applications 224 Evidence on applications Where to file interlocutory applications 225 Where to file applications 10 122 122 122 123 123 123 124 124 124 125 125 125 126 126 127 127 127 128 128 128 129 129 Reprinted as at 14 July 2017 Family Court Rules 2002 226 227 How to file documents in court Registrar may transfer for hearing to another court application accepted for filing Procedure for interlocutory applications without notice 228 Procedure if applications without notice accepted for filing Procedure for interlocutory applications on notice 229 230 230A 230B 231 232 Procedure if applications on notice accepted for filing Notice of opposition to application on notice Affidavit to be filed with notice of opposition Affidavit in reply Where appearance at hearing of application on notice not required Procedure if no appearance required at hearing of application on notice Hearing of interlocutory applications 233 234 235 Hearing in court or in Chambers Hearing of applications Registrar may refer application to Judge Registrar’s order on interlocutory
 application may be varied or rescinded 236 Judge may vary or rescind order made by Registrar Enforcement of orders made on interlocutory applications 237 Enforcement of orders Costs of interlocutory applications 238 Costs Part 5 Special rules for proceedings under certain family law Acts 239 Overview of this Part Adoption Act 1955 240 241 242 243 244 245 246 Interpretation Forms Applicants to identify child to be adopted but not named in application for adoption order Social worker to ask Police about character of applicants before furnishing report Affidavit to be filed with, or before hearing of, application for adoption order Other documents to be filed with, or before hearing of, application for adoption order Form of consent to adoption 129 129 129 130 130 131 131 131 132 132 132 133 133 133 133 134 134 134 135 135 135 136 136 11 Family Court Rules 2002 Reprinted as at 14 July 2017 If applicants’ identity not disclosed, social worker to give evidence that consent to adoption relates to applicants Lawyers for applicants for adoption order not to witness consents to adoption order required by Act Attendance of parties at hearing Registrar to give notice of making of interim order Form of application for issue of adoption order Adoption order Directions as to service of application for variation or discharge of adoption order Child Support Act 1991 Interpretation Forms Applications without notice Affidavits in support to be filed to make certain applications without notice Affidavits in support to be filed to make certain applications on notice Affidavit required by rule 258 to have exhibits if application is notice of appeal under certain sections of Act Affidavit of financial means and their sources to be filed to make application under section 116 of Act Filing of application if Commissioner is party to proceedings Copy of documents filed to make application to be sent to Commissioner in certain cases Notice by advertisement by order under section 224 of Act
 Notice of defence Affidavit to accompany notice of defence Further information to be filed and served before hearing Fixing date and time for hearing Respondent added as party Procedure on intervention Order of priority of warrants to seize property Bond by receiver Procedure on arrest of respondent other than in respect of offence Commissioner to receive copy of order made under Act Oranga Tamariki Act 1989 Interpretation Forms Applications without notice Filing of applications Procedure if restraining order made without notice Reprinted as at 14 July 2017 Family Court Rules 2002 279 280 281 282 283 284 285 286 287 288 Application under section 67 of Act to be accompanied by documents on family group conference Service of application under section 44 of Act Who must be served with or given copy of certain other applications under Act Service on chief executive Service on social worker or constable Directions as to service Notice of application under section 371 or section 377 of Act Notice of application under section 380 of Act Proof of giving of notice of application under section 371 or section 377 or section 380 of Act Procedure if notice of certain applications under Act not given within time prescribed Documents filed on family group conference Notice of appointment of lawyer or lay advocate Notice of intention to appear Mediation conference 289 290 291 292 292A Mediation conference becomes judicial conference if agreement 293 294 295 295A 295B 296 297 298 299 300 301 302 303 304 305 306 307 cannot be reached Change of Judge after mediation conference Judicial conference: how convened Judicial conference: nature and purpose Judicial conference: orders and directions pending determination of application
 Judicial conference: order determining application Fixing date and time for hearing Pre-hearing disclosure of evidence Proof of service of applications Evidence at hearing of certain proceedings generally to be given orally Consent to order of court Proceedings not to abate Notice of court’s decision on application under section 371 or section 377 of Act Copy of orders to be sent to principal manager of office of department in relevant area Domestic Violence Act 1995 Interpretation Forms Applications without notice Certain applications by respondent or associate respondent to be on notice Family Court Rules 2002 Reprinted as at 14 July 2017 Certificate of lawyer to be included in certain applications without notice Documents to be filed to make certain applications Residential address not required Applicant for protection order may request that residential address be kept confidential Filing of applications Registrar to fix earliest practicable date for hearing of applications on notice Notice of defence when application on notice Notice of intention to appear in relation to temporary protection order or temporary property order Time for service Information about respondent available from criminal court Temporary property orders made on application without notice Registrar to issue order when temporary order becomes final or is confirmed Notice of objection to direction to undertake assessment and attend non-violence programme How notice of objection to be dealt with Notice of result of objection Request by provider for variation of programme [Revoked] Witness summons calling respondent or associated respondent before court Enforcement of occupation orders and tenancy orders: District Courts Rules 2014 apply Enforcement of ancillary furniture orders and furniture orders: District Courts Rules 2014 apply Certain documents to be served
 with temporary protection orders and temporary property orders Extension of period for service Copies of orders to be sent to Police Service of certain orders to be communicated to Police Registration of foreign protection orders Notice of registration of foreign protection orders Notice to be given to foreign court or authority Family Proceedings Act 1980 and subpart 4 of Part 2 of Care of Children Act 2004 Interpretation Forms Applications without notice Affidavits in support to be filed to make certain applications without notice Applications for warrants and delivery of child [Revoked] 316A 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 336A 14 Reprinted as at 14 July 2017 Family Court Rules 2002 336B 336C 337 338 339 340 341 342 343 344 345 346 347 348 Notice of intention to appear in relation to interim parenting order [Revoked] Notice of intention to appear in relation to other interim orders [Revoked] Accompanying affidavits may be filed to make applications for order dissolving marriage or civil union Separation order or separation agreement Marriage or civil union certificate Filing of certain applications Application for separation order [Revoked] Restriction on service of application for separation order [Revoked] Report by counsellor [Revoked] Affidavit of financial means and their sources Notice of defence Request by respondent for appearance on application for dissolution of marriage or civil union Request for hearing before order dissolving marriage or civil union made Filing of request for appearance, or request for hearing by respondent, if application for dissolution of marriage or civil union by one party only Mediation conference [Revoked] 349 349A Mediation conference becomes judicial conference if agreement 350 350A 351 352 353 354 355 356 357 358 359
 360 cannot be reached [Revoked] Change of Judge after mediation conference [Revoked] Request to speak on child’s cultural background [Revoked] Restrictions on fixing date and time for hearing Fixing date and time for hearing: notice of defence filed Fixing date and time for hearing: no notice of defence filed Fixing date and time for hearing of application for declaration or order dissolving marriage or civil union Registrar’s list of section 37 applications (for order dissolving marriage or civil union) Request for hearing after order dissolving marriage or civil union made and before it takes effect as final order Proof of service of certain applications Proof of service of applications on Registrar’s list of section 37 applications Intervention in proceedings relating to status of marriage or civil union Sealing and service of order dissolving marriage or civil union: order made by Judge in defended proceedings 173 173 173 174 174 175 175 176 176 176 176 176 177 177 178 178 178 178 178 178 179 179 180 182 182 183 183 184 15 Family Court Rules 2002 Reprinted as at 14 July 2017 Sealing and service of order dissolving marriage or civil union: order made by Judge in undefended proceedings Sealing and service of order dissolving marriage or civil union: order made by Registrar Costs of contravention of parenting order [Revoked] Registration of orders made in Commonwealth or designated countries Notice of registration of orders made in Commonwealth or designated countries Order on application for confirmation of provisional order Payments under registered or confirmed order Joinder of other parent in proceedings under Family Proceedings Act Provisional orders for confirmation overseas Procedure on arrest of respondent other than in respect of an offence Copies of orders varying maintenance orders Copies of orders for Commissioner of Inland Revenue Enforcement of maintenance under section 259 of Child Support Act 1991 Applications without notice Order of priority of
 warrants to seize property Application of rule 369 Bond by receiver Family Protection Act 1955 and Law Reform (Testamentary Promises) Act 1949 Interpretation Forms Naming of respondent Who must be served with copy of application or interlocutory application under Acts Information to be provided in support of application under rule 380(2) Order for directions as to service or for representation Applications without notice Joining in proceedings under Acts Joinder of claims and consolidation Notice of intention to appear or notice of defence Affidavits in support or in opposition Property (Relationships) Act 1976 Interpretation Forms Filing of applications 361 362 362A Reprinted as at 14 July 2017 Family Court Rules 2002 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 Joinder of claims and consolidation Affidavit in support Notice of defence Who must be given notice of applications under Act Variation or recision of order made on application without notice Copies of orders varying maintenance orders Meaning of party A and party B in rules 398 to 404 Affidavit of assets and liabilities to be filed and served Failure by applicant to file affidavit of assets and liabilities Filing inadequate affidavit of assets and liabilities Failure to attend for examination or to comply with directions Power to summon witness Execution of warrants Conduct of examination Protection of Personal and Property Rights Act 1988 Interpretation Forms Filing of applications Medical or other report in support of application to be filed Notice of intention to appear Consent to appointment as welfare guardian or as manager Who must be served with applications under Act Service on persons other than parties
 Pre-hearing conference Change of Judge after pre-hearing conference Fixing date and time for hearing Proof of service of applications Part 5A Special rules for certain proceedings under Care of Children Act 2004 416A 416B Application of Part Interpretation 416C 416D 416E 416F 416G Overview of proceedings Flowcharts of proceedings Forms Overview Applications Commencing proceedings Applications to be made on notice unless application can be made without notice 416H When application without notice can be made 416HA Certificate of lawyer to be included in applications without notice Family Court Rules 2002 After application filed Reprinted as at 14 July 2017 What happens with applications filed on notice 416I 416J What happens with applications filed without notice 416K 416L 416M Notice by respondent wishing to be heard or reserve rights Party requiring more information 416N 416O Witness summons and witness expenses Notice of response by respondent who opposes application Notice by respondent wishing to protest jurisdiction Proceedings generally 416P 416Q 416R What happens when FDR is ordered Proceedings dealt with on tracks Restriction on further evidence being filed Tracks Standard track Complex case on standard track 416S 416T 416U Without notice track Simple track 416V Conferences generally 416W General rules about conferences Specific kinds of conferences Issues conference Settlement conference Directions conference 416X 416Y 416Z 416ZA Memoranda filed in advance of directions conference 416ZB Pre-hearing conference 416ZC Case management conference Hearings 416ZD What happens when Judge directs that application proceed to hearing 416ZE Hearings generally 416ZF Defended hearings 416ZG Submissions-only hearings 416ZH Formal proof hearings 416ZI Request to speak on child’s cultural background 416ZJ Costs of contravention of
 parenting order Miscellaneous Part 6 Registry matters, fees, and transitional matters Overview of Part 417 Overview of this Part Reprinted as at 14 July 2017 Family Court Rules 2002 Court offices 418 Court offices and hours Sittings on days that are not working days 419 Sittings when court office closed Fees 420 421 422 423 424 425 426 427 428 429 429A 430 431 431A 431B 431C 432 433 434 Fee for proceedings under Adoption Act 1955 [Revoked] Fee for proceedings under Family Proceedings Act 1980 [Revoked] Fees must be prepaid on filing [Revoked] Fees inclusive of GST [Revoked] Records Records Transfer of adoption records Interpretation Access to documents and court files during first access period Access to documents and court files during second access period Application for permission to access documents or court files Review of Registrars’ decisions under rule 429 Rules 426 to 429A are subject to other provisions Open searching, inspection, and copying of documents or records filed or lodged more than 60 years ago [Revoked] Information requested by District Court for purposes of section 124N of Domestic Violence Act 1995 Information requested by sentencing court for purposes of section 123B of Sentencing Act 2002 Information requested for purpose of enforcing cost contribution orders Information about domestic violence proceedings available to criminal court Transfer of documents relating to earlier application Transfer of proceedings to High Court Proceedings, etc, that originated under previous rules 435 Transitional provision Schedule 1 General forms Schedule 2 Forms for proceedings under Adoption Act 1955 Schedule 3 Forms for proceedings under Child Support Act 1991 Schedule 4 Forms for proceedings under Oranga Tamariki Act 1989 228 229 229 229 229 229 230 230 230 231 232 233 234 234 235 235 235 236 236 237 237 237 239 283 296 355 19 r 1 Family
 Court Rules 2002 Reprinted as at 14 July 2017 Schedule 5 Forms for proceedings under Domestic Violence Act 1995 Schedule 6 Forms for proceedings under Family Proceedings Act 1980 and subpart 4 of Part 2 of Care of Children Act 2004 Schedule 7 Forms for proceedings under Family Protection Act 1955 and Law Reform (Testamentary Promises) Act 1949 Schedule 8 Forms for proceedings under Property (Relationships) Act 1976 Schedule 9 Forms for proceedings under Protection of Personal and Property Rights Act 1988 Schedule 10 Forms for proceedings under Care of Children Act 2004 376 466 550 555 573 631 Rules 1 Title These rules are the Family Court Rules 2002.
Rule 1: amended, on 1 March 2017, by section 255 of the District Court Act 2016 (2016 No 49).

Part 1 Preliminary provisions Commencement 2 Commencement These rules come into force on 21 October 2002.
Purpose of these rules Purpose The purpose of these rules is to make it possible for proceedings in Family Courts to be dealt with— (a) as fairly, inexpensively, simply, and speedily as is consistent with justice; and (b) in such a way as to avoid unnecessary formality; and 3 (1) 20 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 1 r 5 (c) in harmony with the purpose and spirit of the family law Acts under which the proceedings arise.

(2) These rules must be read in the light of their purpose.
Compare: SR 1992/109 r 4 Overview Overview of these rules These rules are divided into 7 Parts and 10 schedules.

Part 1 contains preliminary provisions (for example, provisions about the pur- pose, general scheme and effect, and application of these rules).

Part 2 sets out the general procedure in Family Courts.

Part 3 contains rules about particular aspects of proceedings in Family Courts (for example, service of documents).
Part 4 sets out procedures for dealing with interlocutory matters (that is, mat- ters that arise in the course of proceedings).

4 (1) (2) (3) (4) (5) (6) Part 5 contains special rules for proceedings under certain family law Acts.

(6A) Part 5A sets out rules applying to proceedings under the Care of Children Act 2004 (other than proceedings under subpart 2 of Part 2 of that Act (which re- lates to international child abduction)).
(7) (8) (9) Part 6 contains rules about Registry matters, fees, and transitional matters (for example, Family Court offices, Family Court office hours, fees payable in re- spect of proceedings in a Family Court, records, searches, the transfer of re- cords or information, and proceedings, etc, that originated under previous rules).

Schedules 1 to 10 set out the forms prescribed by these rules.

Subclauses (1) to (8) are only a guide to the general scheme and effect of these rules.
Rule 4(1): amended, on 31 March 2014, by rule 4(1) of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

Rule 4(6A): inserted, on 31 March 2014, by rule 4(2) of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

Rule 4(8): amended, on 31 March 2014, by rule 4(3) of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
Application 5 Application of these rules (1) All proceedings in a Family Court must be brought and dealt with in accord- ance with these rules, except to the extent that the family law Act under which they are brought provides for them to be brought or dealt with under some en- actment other than these rules.

21 Part 1 r 5A Family Court Rules 2002 Reprinted as at 14 July 2017 (2) Parts 1 to 4 and 6 (the general rules) apply to all proceedings in a Family Court.
(3) However, the application of the general rules to any proceedings is modified,— (a) (b) in the case of proceedings under the Acts referred to in rule 6(1), by any rules in Part 5 that apply to those proceedings; and in the case of proceedings to which Part 5A applies, by the rules in Part 5A.

Rules in Part 5 that are referred to in a paragraph of rule 6(1) apply only to pro- ceedings brought under the 1 or more family law Acts referred to in that para- graph of rule 6(1).
In this rule, proceedings in a Family Court includes all proceedings in a Dis- trict Court under— (4) (5) (a) (b) section 15 of the Family Courts Act 1980; or section 151 of the Oranga Tamariki Act 1989.

Compare: SR 1992/109 r 2 Rule 5(3): replaced, on 31 March 2014, by rule 5(1) of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

Rule 5(4): amended, on 31 March 2014, by rule 5(2) of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
Rule 5(5)(b): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

5A Limited application of District Courts Rules 2014 A rule in the District Courts Rules 2014 does not apply to proceedings in a Family Court unless that rule is specifically applied by these rules.

Rule 5A: inserted, on 27 May 2010, by rule 4 of the Family Courts Amendment Rules 2010 (SR 2010/97).
Rule 5A heading: amended, on 1 July 2014, by rule 4(1) of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).

Rule 5A: amended, on 1 July 2014, by rule 4(2) of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).
6 Special rules for proceedings under certain family law Acts (1) As well as rule 239 (which gives an overview of the Part), Part 5 contains the following rules: rules 240 to 253 (Adoption Act 1955): rules 254 to 273 (Child Support Act 1991): rules 274 to 303 (Oranga Tamariki Act 1989): rules 304 to 332 (Domestic Violence Act 1995): rules 333 to 376 (Family Proceedings Act 1980 and subpart 4 of Part 2 of the Care of Children Act 2004): (a) (b) (c) (d) (e) 22 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 1 r 8 (f) (g) (h) rules 377 to 387 (Family Protection Act 1955 and Law Reform (Testa- mentary Promises) Act 1949): rules 388 to 404 (Property (Relationships) Act 1976): rules 405 to 416 (Protection of Personal and Property Rights Act 1988).
(2) Part 5A sets out special rules prescribing the procedure in Family Courts that apply to applications made under the Care of Children Act 2004 (other than ap- plications under subpart 4 of Part 2 of that Act (which relates to international child abduction)).

7 (1) (2) 8 (1) Rule 6(1)(c): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
Rule 6(1)(e): amended, on 31 March 2014, by rule 6(1) of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

Rule 6(2): inserted, on 31 March 2014, by rule 6(2) of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
No special rules for proceedings under certain family law Acts Part 5 contains no rules that apply to proceedings to be brought under the fol- lowing family law Acts: (a) Births, Deaths, Marriages, and Relationships Registration Act 1995: (ab) Civil Union Act 2004: (b) Domestic Actions Act 1975: (c) Marriage Act 1955.
Proceedings under those Acts must, therefore, be brought and dealt with under Parts 1 to 4 and 6, except to the extent that the family law Act under which they are brought provides for them to be brought or dealt with under some en- actment other than these rules.

Rule 7(1)(a): amended, on 24 January 2009, by section 49(2) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Rule 7(1)(ab): inserted, on 26 April 2005, by section 46 of the Civil Union Act 2004 (2004 No 102).
Interpretation Interpretation In these rules, unless the context otherwise requires,— address for service, in relation to any party, means the address of a place in New Zealand at which any document may be left for, or sent to, that party in accordance with these rules or, if the party is a defendant as defined in section 4(1) of the Trans-Tasman Proceedings Act 2010 who is served in Australia under section 13 of that Act with an initiating document for a proceeding, the address of a place in New Zealand or Australia that, under section 18 of that Act, is or is to be treated as the defendant’s address for service for the proceed- ing 23 Part 1 r 8 Family Court Rules 2002 Reprinted as at 14 July 2017 application means an application (other than an interlocutory application) under a family law Act court— (a) means a Family Court; and includes a Family Court Judge; and (b) in any case where a District Court is empowered by section 15 of the Family Courts Act 1980 or section 151 of the Oranga Tamariki Act 1989 to hear and determine any proceedings, includes a District Court and a District Court Judge; and (c) in relation to proceedings,— (i) (ii) means the court in which they were commenced; but if they have been transferred, or the hearing of them has been transferred, to another Family Court, means that other court DCRs means the District Courts Rules 2014 family law Act means an Act that provides for proceedings to be heard and de- termined by a court fee means a court fee prescribed by the Family Courts Fees Regulations 2009 HCRs or High Court Rules means the High Court Rules 2016 incapacitated person means a person who, by reason of physical, intellectual, or mental impairment, whether temporary or permanent, is— (a) (b) not capable of understanding the issues on which his or her decision would be required as a litigant conducting proceedings; or unable to give sufficient instructions to issue, defend, or compromise proceedings interlocutory application— (a) means an application in proceedings or intended
 proceedings for an order or a direction relating to a matter of procedure or for some relief ancillary to the orders or declarations sought in the proceedings or inten- ded proceedings; and (b) includes— (i) (ii) Judge— an application for a rehearing; and an application to review an order made, or a direction given, on an interlocutory application (a) means a Family Court Judge; and (b) in any case where a District Court is empowered by section 15 of the Family Courts Act 1980 or section 151 of the Oranga Tamariki Act 1989 to hear and determine any proceedings, includes a District Court Judge; and 24 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 1 r 8 (c) in relation to any proceedings, means the Judge who is presiding in the proceedings judgment has the meaning given to it in rule 196 jurat has the meaning given to it in rule 158(3) lawyer has the meaning given to it by section 6 of the Lawyers and Convey- ancers Act 2006 litigation guardian— (a) a person who is appointed under rule 90C, 90D, or 90F to conduct a pro- ceeding; and (b) has the same meaning as the expression “guardian ad litem” manager means a manager of the kind specified in rule 91(1) Minister means the Minister of the Crown who, under the authority of a war- rant or with the authority of the Prime Minister, is responsible for the adminis- tration of the Family Courts Act 1980 on notice, in relation to an application, means on notice— (a) (b) to certain persons who will be parties to, or interested in, or likely to be affected by, the proceedings; and given by certain documents relating to the application (for example, a copy of some of the documents required to be filed to make the applica- tion) being served on (that is, in general terms, delivered to) those per- sons reasons for judgment has the meaning given to it in rule 196 Registrar, in relation to a court,— (a) means the Registrar of the court (who may also be the Registrar of the District Court of which the court is a division
 under section 4 of the Family Courts Act 1980); and (b) includes a Deputy Registrar of the court (who may also be a Deputy Registrar of that District Court) Registrar’s list means a list— (a) (b) on which a Registrar, under rule 32(1)(a) or rule 229(1)(b)(ii), enters ap- plications that are not yet ready to set down for a hearing, so that they may be regularly monitored, and managed and progressed towards either resolution without a hearing or readiness for setting down for a hearing; and on which the court or a Registrar enters applications the hearings of which are postponed or adjourned (for example, under rule 192 or rule 234), so that they may be regularly monitored, and managed and pro- gressed towards either resolution without a hearing or readiness for hear- ing 25 Part 1 r 8 Family Court Rules 2002 Reprinted as at 14 July 2017 Registrar’s list date, in relation to a Registrar’s list, means the date on which applications entered on that list will next be reviewed by the Registrar Registrar’s list of section 37 applications means a list on which a Registrar, under rule 355, enters applications made under section 37 of the Family Pro- ceedings Act 1980 (that is, applications for an order dissolving a marriage or civil union) representative means— (a) (b) (c) (d) (e) (f) (g) (h) a person treated as appointed as a next friend for a minor under rule 90B; or a person appointed as a litigation guardian for a minor under rule 90C; or a person appointed under rule 90D as a litigation guardian for a person to whom section 11 of the Domestic Violence Act 1995 applies (that is, a person lacking capacity); or a person appointed under rule 90F as a litigation guardian for an incap- acitated person; or a person appointed under section 12 of the Domestic Violence Act 1995 as a representative of a person who is unable to make an application per- sonally by reason of physical incapacity or fear of harm or other suffi- cient cause; or a person appointed under section 13 of
 the Harassment Act 1997 as a representative of a person who is unable or unwilling to make an appli- cation personally by reason of physical incapacity or fear of harm or other sufficient cause; or a person appointed as a guardian ad litem for a person under section 10(1)(i) of the Protection of Personal and Property Rights Act 1988; or a person appointed as an attorney for another person under an enduring power of attorney for the purpose of Part 9 of the Protection of Personal and Property Rights Act 1988 (but only if that enduring power of attor- ney authorises the attorney to bring or defend proceedings on behalf of the person, and only in a proceeding to which that authority extends) social worker has the same meaning as in section 2(1) of the Oranga Tamariki Act 1989 without notice, in relation to an application under a family law Act or the Dis- trict Courts Rules 2014, includes an application that the Act provides, or that those rules provide, may be made ex parte working day, in relation to a court, means a day on which the court office is not closed under DCR 2.1 or 2.3 (and DCR 1.22 applies accordingly).
(2) Wherever the term court office is used in these rules, the term court registry or a similar term may be used instead, whether in forms or other documents used 26 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 1 r 9 for the purposes of these rules or in proceedings to which these rules apply, or as the case requires, for any other legal purpose.
Compare: SR 1992/109 r 3 Rule 8(1) address for service: amended, on 11 October 2013, by rule 4 of the Family Courts (Trans- Tasman Proceedings Act 2010) Amendment Rules 2013 (SR 2013/347).

Rule 8(1) court paragraph (b): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Rule 8(1) DCRs: replaced, on 1 July 2014, by rule 5(1) of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).
Rule 8(1) fee: inserted, on 1 March 2014, by rule 4(1) of the Family Courts Amendment Rules 2014 (LI 2014/3).

Rule 8(1) HCRs or High Court Rules: inserted, on 1 November 2009, by rule 4(1) of the Family Courts Amendment Rules (No 2) 2009 (SR 2009/292).

Rule 8(1) HCRs or High Court Rules: amended, on 18 October 2016, by section 183(c) of the Se- nior Courts Act 2016 (2016 No 48).
Rule 8(1) incapacitated person: inserted, on 7 August 2008, by rule 4(1) of the Family Courts Amendment Rules 2008 (SR 2008/207).

Rule 8(1) Judge paragraph (b): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Rule 8(1) lawyer: replaced, on 1 March 2014, by rule 4(2) of the Family Courts Amendment Rules 2014 (LI 2014/3).
Rule 8(1) litigation guardian: inserted, on 7 August 2008, by rule 4(1) of the Family Courts Amend- ment Rules 2008 (SR 2008/207).

Rule 8(1) litigation guardian paragraph (a): replaced, on 1 March 2014, by rule 4(3) of the Family Courts Amendment Rules 2014 (LI 2014/3).

Rule 8(1) Registrar’s list paragraph (a): amended, on 1 November 2009, by rule 4(2) of the Family Courts Amendment Rules (No 2) 2009 (SR 2009/292).
Rule 8(1) Registrar’s list date: inserted, on 1 November 2009, by rule 4(1) of the Family Courts Amendment Rules (No 2) 2009 (SR 2009/292).

Rule 8(1) Registrar’s list of section 37 applications: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Rule 8(1) representative: replaced, on 1 March 2014, by rule 4(4) of the Family Courts Amendment Rules 2014 (LI 2014/3).
Rule 8(1) social worker: amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Rule 8(1) without notice: amended, on 1 July 2014, by rule 5(2) of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).

Rule 8(1) working day: replaced, on 1 July 2014, by rule 5(3) of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).
Rule 8(2): inserted, on 1 July 2014, by rule 5(4) of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).
9 Words and expressions defined in Acts Unless the context otherwise requires, a word or expression used in a rule or form in these rules and defined in an Act must be given the meaning the Act gives it if— (a) the Act deals with the subject matter of the rule or form; and 27 Part 1 r 10 Family Court Rules 2002 Reprinted as at 14 July 2017 10 (1) (2) (b) the word or expression is not defined in these rules.
Compare: SR 1981/261 r 3(2) References to prescribed forms In these rules, a reference to a numbered form is a reference to that form as set out in Schedules 1 to 10.

For requirements to use forms, see rules 62 and 62A, and the special rules in Parts 5 and 5A.

Rule 10(1): amended, on 31 March 2014, by rule 7(1) of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

Rule 10(2): replaced, on 31 March 2014, by rule 7(2) of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
Registrars’ duties and powers 11 Requirements imposed on Registrars by rules A requirement imposed on a Registrar by these rules to do a thing is a require- ment to take all reasonably practicable steps to ensure that the thing is done.

12 Powers of Registrars under rules (1) A Registrar has all the powers of a Judge to do any of the following if, and to the extent that, these rules authorise the Registrar to do any of the following: (a) hear and determine any proceedings: (b) make any direction or order.
(2) Nothing in this rule— (a) authorises a Registrar to commit a person to a prison or to enforce an order by committal: (b) limits any right of review by a Judge of a decision of a Registrar.

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

(4) An order made by a Judge may be signed by a Registrar in his or her own name and description.
Rule 12(2)(a): amended, on 1 July 2005, by rule 4 of the Family Courts Amendment Rules 2005 (SR 2005/101).

General matters 13 Practices must be consistent (1) A practice that is not consistent with these rules or a family law Act must not be followed in any court.

(2) Subclause (1) overrides rules 14 to 16.


Compare: SR 1981/261 r 5(1) 28 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 1 r 17 14 Directions in case of doubt (1) A person in doubt about any matter of procedure under these rules may make an interlocutory application without notice to the Judge for directions, and the Judge may make a decision and give directions on that matter.
(2) If there is a doubt about the application of a rule to any proceedings, the Judge may make a decision and give directions— (a) on an interlocutory application without notice for the purpose by a per- son; or (b) on the Judge’s own initiative.

(3) A step taken in accordance with directions under this rule is in accordance with these rules.

(4) This rule is subject to rule 13(1).


Compare: SR 1992/109 r 8 15 Matters not expressly provided for in rules (1) The Judge must deal with any matter not provided for by any enactment (in- cluding any of these rules)— (a) (b) under provisions of these rules dealing with similar matters if that can be done; or in a way decided by the Judge, in the light of the purpose of these rules, if the Judge considers the matter cannot be dealt with under provisions of these rules dealing with similar matters.
(2) This rule is subject to rule 13(1).

Compare: SR 1992/109 r 9 16 (1) Judges may give directions to regulate court’s business The Judge presiding over a court may, at any time, give any directions he or she thinks proper for regulating the court’s business.

(2) This rule is subject to rule 13(1).


Compare: SR 1981/261 r 5(6) 17 (1) Failure to comply with rules If these rules have not been complied with in beginning or purporting to begin any proceedings, or at any stage in the course of or in connection with any pro- ceedings, that failure to comply— (a) must be treated as an irregularity; and (b) does not nullify— (i) (ii) the proceedings; or any step taken in the proceedings; or (iii) any document, judgment, or order in the proceedings.
29 Part 2 r 18 Family Court Rules 2002 Reprinted as at 14 July 2017 (2) If these rules have not been fully complied with at some stage of any proceed- ings,— (a) the Judge may set the proceedings aside entirely or take any or all of the following steps: (i) (ii) (iii) set the proceedings aside in part: set aside, wholly or in part, any step in them: set aside, wholly or in part, any document, judgment, or order in them: (iv) allow the proceedings to be amended; and (b) whether or not he or she acts under paragraph (a), the Judge may make any other order (for example, as to costs, or adjourning the proceedings) he or she thinks appropriate.
The Judge must not set the proceedings aside entirely just because they were not commenced by the kind of application required by these rules.

The Judge must not act under subclause (2)(a) on an interlocutory application made by a party unless— (a) (b) the application has been made within a reasonable time of the non-com- pliance concerned; and the party has not taken any fresh step after becoming aware of the non- compliance.
(3) (4) (5) Subclause (4) does not prevent the Judge from making an order on his or her own initiative (whether or not a party has made an interlocutory application for the purpose).

Compare: SR 1992/109 r 5 Rule 17(1): replaced, on 7 August 2008, by rule 5 of the Family Courts Amendment Rules 2008 (SR 2008/207).
Part 2 General procedure in Family Courts Overview of Part 18 (1) (2) (3) Overview of this Part This Part sets out the general procedure in Family Courts in all proceedings other than those to which Part 5A applies.

It should be read with all other Parts of these rules.

The application of this Part to proceedings is modified by any rules in Part 5 that apply to the proceedings (Part 5 contains rules that modify this Part).
(4) Among other things, this Part deals with the following matters: (a) commencement of proceedings: 30 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 2 r 20 (b) what to file: (c) (d) (e) (f) where applications are to be made: how to file documents in court: procedures before, at, and at the end of, any hearing: rehearings and appeals.

(5) This rule is only a guide to the general scheme and effect of this Part.
Rule 18(1): amended, on 31 March 2014, by rule 8 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

Commencement of proceedings 19 How proceedings are commenced For the purposes of these rules, proceedings are commenced when a person makes an application to a court for a particular order or declaration under a family law Act.
What to file 20 Documents to be filed to make application (1) An application is made by filing the following documents: (a) (b) (c) (d) (e) (f) the application form (set out in Schedules 2 to 9) for the particular order or declaration sought or, if there is no application form for that order or declaration, the general application form (set out in Schedule 1), which form must, if practicable, list the names and addresses of the persons on whom the application is required or intended to be served (see rule 36): an information sheet (which contains particulars about the parties) on yellow paper and in form G 7 (set out in Schedule 1) or (as the case re- quires) in form CYPF 4 (in Schedule 4) or in form DV 4A (in Schedule 5) or in form PPPR 14 (in Schedule 9): any affidavit required or permitted by special rules in Part 5 to be filed with the documents to be filed to make the application (see rule 21): any other documents required or permitted by a family law Act or these rules to be filed with the documents to be filed to make the application (for examples, see rule 22): if the applicant is acting in a representative capacity, a statement setting out the capacity in which the applicant is acting, as required by rule 94: if an order or agreement is to be used in support of the application, a copy of that order or agreement (unless the Registrar directs otherwise).
(2) If the application is on notice, then, together with the documents referred to in subclause (1), there must also be filed the same number of copies of the docu- ments specified in rule 32(3) (except paragraph (c)) as there are persons on 31 Part 2 r 21 Family Court Rules 2002 Reprinted as at 14 July 2017 whom documents relating to the application are required or intended to be served.

Rule 20(1)(b): amended, on 1 October 2014, by rule 4 of the Family Courts Amendment Rules (No 5) 2014 (LI 2014/214).
21 Special rules relating to affidavits For the purposes of rule 20(1)(c),— (a) (b) (c) (d) (e) (f) (g) (h) (i) applicants for an adoption order must file with the documents to be filed to make their application, or file before any hearing of their application, an affidavit that complies with rule 244: applicants under the Child Support Act 1991 who make certain applica- tions without notice, or who make certain applications on notice, must file with the other documents to be filed to make their application an af- fidavit in support (see rules 257 and 258): applicants for an urgent maintenance order under section 116 of the Child Support Act 1991 must file with the other documents to be filed to make their application an affidavit of financial means and their sources (see rule 260): applicants (and other parties) under the Child Support Act 1991 must, at least 10 working days before the hearing of the application, file an affi- davit of financial means and their sources (see rule 266(1)): applicants for a protection order or for a property order (as defined in rule 304) under the Domestic Violence Act 1995 must file with the other documents to be filed to make their application an affidavit of the kind referred to in rule 309(1)(a): applicants under the Family Proceedings Act 1980 who make certain ap- plications without notice must file with the other documents to be filed to make their application an affidavit in support (see rule 336): applicants for an order dissolving a marriage or civil union, under sec- tion 39 of the Family Proceedings Act 1980, may file with the other documents to be filed to make their application an accompanying affida- vit (see rule 337): applicants under the Family Protection Act 1955 or the Law Reform (Testamentary Promises) Act 1949 must, if their application is made without notice, file with the other documents to be filed to make their application an affidavit of the kind referred to in rule 383: applicants under the Property (Relationships) Act 1976 must file with the other documents to be filed to make their application an affidavit that includes the information specified in rule 392 and, if rules 398 and 399 apply to their application, must also file and serve (within the time speci- fied in rule 398(1)) an affidavit of the kind referred to in rule 398(1)(a).
32 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 2 r 24 Rule 21(f): amended, on 31 March 2014, by rule 9 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

Rule 21(g): amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).
22 Special rules relating to other documents Part 5 also contains special rules about other documents to be filed to make ap- plications under the following family law Acts or to be filed before the hearing of those applications or by a time the Registrar may direct: (a) (b) (c) Adoption Act 1955 (see rule 242 – evidence of child’s identity, and rule 245 – other documents): Child Support Act 1991 (see rule 266(2) – further information to be filed and served before hearing): Oranga Tamariki Act 1989 (see rule 279 – application under section 67 of Act to be accompanied by documents on family group conference, and rule 289 – documents filed on family group conference): (d) Domestic Violence Act 1995 (see rule 308 – certificate of lawyer to be included in certain applications without notice, and rule 309 – docu- ments to be filed to make certain applications): (e) (f) Family Proceedings Act 1980 (see rule 338 – separation order or separ- ation agreement, rule 339 – marriage or civil union certificate, and rule 344 – affidavit of financial means and their sources): Protection of Personal and Property Rights Act 1988 (see rule 408(a) – medical or other report in support of application to be filed).
Rule 22(c): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Rule 22(e): amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).

23 Applications generally to be made on notice An application must be made on notice unless rule 24(1) or (2) applies.
24 Applications that may be made without notice (1) An application need not be made on notice if the family law Act under which it is made provides, or any other of these rules provide, that the application, or an application of that kind, may be made without notice.
(2) An application need not be made on notice if subclause (1) does not apply and the application, or an application of that kind, is not expressly required to be made on notice by the family law Act under which it is made or by any other of these rules, and the court is satisfied that— (a) the delay that would be caused by making the application on notice would or might entail,— 33 Part 2 r 25 Family Court Rules 2002 Reprinted as at 14 July 2017 (i) (ii) in proceedings under the Child Support Act 1991 or the Family Proceedings Act 1980 or subpart 4 of Part 2 of the Care of Chil- dren Act 2004, serious injury or undue hardship, or risk to the per- sonal safety of the applicant or any child of the applicant’s family, or both; and in proceedings under the Domestic Violence Act 1995, a risk of harm or undue hardship to the applicant or any child of the appli- cant’s family, or both; and (iii) in proceedings under the Property (Relationships) Act 1976, irrep- arable injury; or (b) (c) the application affects the applicant only, or is in respect of a routine matter, or is about a matter that does not affect the interests of any other person; or every person in respect of whom the order is sought has either died or cannot be found.
Rule 24(2)(a)(i): amended, on 31 March 2014, by rule 10 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

25 (1) Two or more applications may be made together Two or more applications may be made together if the applications relate to proceedings under— (a) (b) (c) the same family law Act; or the Family Proceedings Act 1980 and the Property (Relationships) Act 1976; or the Family Protection Act 1955 and the Law Reform (Testamentary Promises) Act 1949 (see rule 385(1)).
(2) However, applications made together under the Oranga Tamariki Act 1989 must not relate to more than 1 child or young person unless the same persons or organisations are to be parties to the proceedings in respect of those children or young persons.
(3) Applications made together may be made in a single combined application form, and— (a) (b) (c) (d) (e) 1 signature by the applicant on the form is sufficient: 1 information sheet is sufficient for all the applications: 1 front page referring to all the applications is sufficient: each order or declaration sought must be clearly identified in the form by an appropriate heading: explanatory notes from separate application forms may be combined and amended in the single combined application form if that is necessary to avoid duplication.
34 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 2 r 27 (4) Subclause (3) overrides rule 20(1).

Rule 25(1)(b): replaced, on 31 March 2014, by rule 11 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

Rule 25(2): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
Documents relating to earlier proceedings If some or all of the parties to an application under a family law Act (the later application) were parties to an application made earlier to a different court under that Act or under a former Act that corresponds to that Act (the earlier application), the later application must show— (a) (b) the location of the court in which the earlier application or applications were made (if known to the applicant); and the file number of the earlier application or, if the applicant does not know the file number, any information that may help the Registrar to find it out.
If the earlier application and the later application were made under the Oranga Tamariki Act 1989 or a former Act that corresponds to that Act, subclause (1) applies only if those applications are made in respect of the same child or young person.
If the later application is made under the Domestic Violence Act 1995, the ref- erence in subclause (1) to “the earlier application” must be read as if it includes references to applications for an order under the Family Proceedings Act 1980 or under the Guardianship Act 1968 or under the Care of Children Act 2004.

26 (1) (2) (3) (4) Nothing in this rule limits rule 433 (transfer of documents relating to earlier ap- plication).
Compare: 1996/148 r 25 Rule 26(2): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Rule 26(3): amended, on 1 July 2005, by rule 8 of the Family Courts Amendment Rules 2005 (SR 2005/101).
27 Documents or forms for filing to comply with requirements Every document or form to be filed must comply with applicable requirements stated or referred to in rules 63 to 74 (shape, etc, of documents to be filed), for example,— (a) (b) if the document is not a document referred to in rule 72(4), it must have a front page in form G 1 (of Schedule 1) stating an address for service; and if the document is the first document filed by, or on behalf of, a party, it must have on that front page the memorandum required by rule 82 (memorandum to be on front page with first document filed).
35 Part 2 r 28 Family Court Rules 2002 Reprinted as at 14 July 2017 Where applications to be made 28 Applications to be filed in proper court (1) Unless an Act or another of these rules requires otherwise, every application must be filed— (a) (b) (c) in the court nearest to where the applicant (or any one of the applicants) resides; or in the court nearest to where the person who may oppose, or be inter- ested in, or be likely to be affected by, the application (or, if there are 2 or more persons of that kind, any one of those persons) resides; or in the court that is specified in a written consent that is signed by each person who may oppose, or be interested in, or be likely to be affected by, the application.
(2) Subclause (1) does not apply to the following appeals and applications (which must each be filed or made in the court nearest the Registrar-General’s office): (a) appeals to the court under section 15A(2), section 17(2), or section 18(5) of the Births, Deaths, Marriages, and Relationships Registration Act 1995: (b) applications to the court under section 85 of that Act.
(3) Part 5 contains special rules about the proper court for the following applica- tions: (a) (b) (c) (d) (e) (f) applications under the Child Support Act 1991 if the Commissioner is a party (see rule 261); and applications under the Oranga Tamariki Act 1989 (see rule 277); and applications under the Domestic Violence Act 1995 (see rule 312); and applications under, and certain applications filed with or in relation to applications under, Part 4 of the Family Proceedings Act 1980 (see rule 340); and applications under the Property (Relationships) Act 1976 (see rule 390); and applications under the Protection of Personal and Property Rights Act 1988 (see rule 407).
Rule 28(2)(a): amended, on 24 January 2009, by section 49(2) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Rule 28(3)(b): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

How to file documents in court 29 How to file documents in court An application must be filed in accordance with rules 75 and 76.
36 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 2 r 32 30 Procedure if applications presented or accepted for filing in wrong court (1) A Registrar who considers that the documents to be filed to make an applica- tion have been presented for filing in the wrong court may decline to accept them for filing.
(2) An applicant who disagrees with the Registrar about whether the court is the proper court in which to make the application may, by an interlocutory applica- tion for the purpose, apply for a direction from a Judge that the applicant is en- titled to make the application in that court.
(3) If an application is filed in the wrong court, a Judge may, on his or her own initiative or an interlocutory application for the purpose, direct that the pro- ceedings— (a) be transferred to the proper court; or (b) may continue in the court in which they have been commenced, in which case no later objection may be taken on the grounds that the proceedings are being conducted in the wrong court.

(4) A direction under subclause (3) may be subject to any terms or conditions the Judge thinks fit.
31 Procedure if applications presented for filing but incomplete or otherwise not in order (1) A Registrar who considers that documents to be filed to make an application, and presented for filing, are incomplete, or otherwise not in order, may— (a) (b) decline to accept them for filing; or decline to accept them for filing, but explain to the applicant, and ask the applicant to do, what is necessary to put them in order for filing.
(1A) An information sheet required to be filed under rule 20(1)(b) that is not on yel- low paper is in order and must, when presented for filing, be accepted by the Registrar.

(2) A person who is dissatisfied with a Registrar’s decision under subclause (1) may make an interlocutory application without notice to a Judge to have the decision varied or rescinded.

Rule 31(1A): inserted, on 7 August 2008, by rule 6 of the Family Courts Amendment Rules 2008 (SR 2008/207).
32 Procedure if application on notice accepted for filing (1) A Registrar who accepts for filing an application on notice must immediately either— (a) enter the application on a Registrar’s list and assign it a Registrar’s list date; or (b) fix a date and time for the hearing of the application.
(2) A Registrar must then promptly— 37 Part 2 r 33 Family Court Rules 2002 Reprinted as at 14 July 2017 (a) inform the applicant and respondent of— (i) (ii) the Registrar’s list date assigned under subclause (1)(a); or the date and time fixed for the hearing of the application under subclause (1)(b); and (b) (c) complete, for each person required or intended to be served with the ap- plication, a copy of any notice to respondent or similar notice (set out in Schedules 2 to 9) indicating that the application has been made and how, in general terms, it may be responded to or defended; and issue for service on (that is, in general terms, make ready and complete for delivering to) each person of that kind a copy of the documents spe- cified in subclause (3).
(3) The documents referred to in subclause (2)(c) are— (a) (b) (c) (d) (e) the application form; and the information sheet; and any notice to respondent or similar notice completed under subclause (2)(b); and any affidavits filed with the application; and any other document required to be issued for service on each person of that kind by a special rule contained in Part 5 (for example, by rule 408(b)).
(4) Subclauses (2) and (3) do not apply where the Registrar accepts for filing an application on notice for a separation order made under section 20 of the Fami- ly Proceedings Act 1980 (see instead rules 341 and 342).
(5) A Judge may, on his or her own initiative or on an interlocutory application for the purpose, order that a copy of an affidavit issued for service under subclause (2)(c)— (a) not be served on any or all of the persons required or intended to be served with the application; or (b) not be served on any or all of those persons for the time being.

(6) An applicant who has made an application on notice or the Registrar may, under rules 77 to 79, amend the application.
Rule 32(1): replaced, on 1 November 2009, by rule 5(1) of the Family Courts Amendment Rules (No 2) 2009 (SR 2009/292).

Rule 32(2): replaced, on 1 November 2009, by rule 5(1) of the Family Courts Amendment Rules (No 2) 2009 (SR 2009/292).

Rule 32(4): replaced, on 1 November 2009, by rule 5(2) of the Family Courts Amendment Rules (No 2) 2009 (SR 2009/292).
33 Procedure if application without notice accepted for filing (1) A Registrar who accepts for filing an application without notice must, if the ap- plication requires an appearance by the applicant,— 38 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 2 r 37 (a) (b) fix a date and time for the hearing of the application; and inform the applicant of the date and time fixed for the hearing.
(2) An applicant who has made an application without notice or the Registrar may, under rules 77 to 79, amend the application.
34 Orders made on applications without notice If an application without notice is made, and an order is made on the applica- tion,— (a) (b) (c) the Registrar must, if the applicant was not present at the hearing of the application, make a copy of the order available to the applicant without delay: a copy of the order must, under rule 101 (documents to be served), be served on every person against whom the order is made: each person against whom the order is made may, at any time, make an interlocutory application to a Judge to have the order varied or rescin- ded.
Before any hearing 35 (1) (2) Documents to be served if applications on notice The documents issued for service under rule 32(2)(c) in relation to an applica- tion (the documents) must be served in accordance with rules 101 to 130 on every person required or intended to be served with documents relating to the application.
If all reasonable efforts have been made to serve the documents in a manner required or (as the case requires) a manner permitted by these rules, but the documents have not been served in that manner, in certain circumstances the applicant may, under rule 126, apply for an order for substituted service (that is, an order dispensing with or changing the service required by these rules).
36 Who must be served with applications on notice If an application on notice is made, a copy of the documents issued for service under rule 32(2)(c) in relation to the application must be served on each person who will be a party to, or interested in, or likely to be affected by, the proceed- ings unless a Registrar or Judge directs otherwise on an interlocutory applica- tion for the purpose.
37 Special rules relating to service However, rule 36 is modified by special rules in Part 5 as to who must or may be served with documents relating to, or who must be given notice of, certain applications under certain family law Acts, including the following Acts: (a) Adoption Act 1955 (see, for example, rule 253 – directions as to service of application for variation or discharge of adoption order): 39 Part 2 r 38 Family Court Rules 2002 Reprinted as at 14 July 2017 (b) (c) (d) (e) (f) (g) Child Support Act 1991 (see, for example, rule 266): Oranga Tamariki Act 1989 (see, for example, rules 280, 281, and 284): Family Proceedings Act 1980 (see, for example, rule 342 – restriction on service of application for separation order): Family Protection Act 1955, Law Reform (Testamentary Promises) Act 1949 (see, for example, rule 382 – order for directions as to service or for representation): Property (Relationships) Act 1976 (see, for example, rule 394 – who must be given notice of applications under Act): Protection of Personal and Property Rights Act 1988 (see, for example, rule 411 – who must be served with copy of applications under Act, and rule 412 – service on persons other than parties).
Rule 37(b): replaced, on 1 July 2005, by rule 9 of the Family Courts Amendment Rules 2005 (SR 2005/101).

Rule 37(c): replaced, on 1 July 2005, by rule 9 of the Family Courts Amendment Rules 2005 (SR 2005/101).

Rule 37(c): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Rule 37(d): replaced, on 1 July 2005, by rule 9 of the Family Courts Amendment Rules 2005 (SR 2005/101).
Rule 37(d): amended, on 31 March 2014, by rule 12 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

Rule 37(e): replaced, on 1 July 2005, by rule 9 of the Family Courts Amendment Rules 2005 (SR 2005/101).

Rule 37(f): replaced, on 1 July 2005, by rule 9 of the Family Courts Amendment Rules 2005 (SR 2005/101).

Rule 37(g): inserted, on 1 July 2005, by rule 9 of the Family Courts Amendment Rules 2005 (SR 2005/101).
38 Service of applications under certain Acts If an application is made under one of the following family law Acts, rule 36 is subject to provisions in that Act that affect who must be served with the appli- cation: (a) Births, Deaths, Marriages, and Relationships Registration Act 1995 (see, for example, sections 15A(3)(a), 18(7)(a), 28(2), 29(2), and 85(3)(a) of that Act): (ab) Civil Union Act 2004 (see, for example, section 20(2) of that Act): (b) Domestic Actions Act 1975 (see, for example, section 10(1) of that Act): (c) Marriage Act 1955 (see, for example, section 19(2) of that Act).
Rule 38(a): amended, on 27 May 2010, by rule 12 of the Family Courts Amendment Rules 2010 (SR 2010/97).

Rule 38(a): amended, on 24 January 2009, by section 49(2) of the Births, Deaths, Marriages, and Re- lationships Registration Amendment Act 2008 (2008 No 48).

40 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 2 r 41 Rule 38(ab): inserted, on 26 April 2005, by section 46 of the Civil Union Act 2004 (2004 No 102).
39 Persons served with applications to give address for service (1) A person who is served under rule 35 with an application, but who does not give an address for service, is not entitled— (a) to be served with further notice of any step in connection with the pro- ceedings, or of copies of any further documents filed in court in connec- tion with the proceedings; or (b) to address the court unless the court permits the person to do so either— (i) (ii) on its own initiative; or on an interlocutory application for the purpose.
(2) The person may give an address for service— (a) by stating that address in the first document filed by, or on behalf of, the person (if a front page is required by rule 72 to be with the document, in that front page and, if no such front page is required, in or on the docu- ment itself); or (b) by filing in court a notice of that address, and serving a copy of the no- tice on every other party to the proceedings.
(3) An address for service may be changed in the manner specified in rule 117 (change of address for service).
40 Notice of defence or notice of intention to appear A person served under rule 35 with an application may, if permitted to do so by the family law Act under which the proceedings are brought or by special rules in Part 5 that apply to them, file in court and serve on every other party to the proceedings— (a) (b) a notice of defence to the application in form G 12: a notice of intention to appear and be heard in relation to the application in form G 13.
41 Time within which notice of defence, or notice of intention to appear, to be filed and served A notice of defence or notice of intention to appear must be filed and served by a person served under rule 35 with an application— (a) within 21 days (or any other period specified for the purposes of this paragraph by any special rules in Part 5 that apply to the proceedings) after the person receives service of the application and notice to respond- ent (or similar notice) completed under rule 32(2)(b); or (b) if the person resides outside New Zealand, unless the court orders other- wise, within— 41 Part 2 r 42 Family Court Rules 2002 Reprinted as at 14 July 2017 (i) 30 days if the person is served within the Commonwealth of Aus- tralia; or (ii) 50 days if the person is served elsewhere; or (c) if the person is the subject of an order for substituted service (see rule 126), within the time that the Judge or Registrar must fix on an inter- locutory application that the applicant must make for the purpose.
Rule 41(b): replaced, on 7 August 2008, by rule 7 of the Family Courts Amendment Rules 2008 (SR 2008/207).

Rule 41(c): inserted, on 7 August 2008, by rule 7 of the Family Courts Amendment Rules 2008 (SR 2008/207).
Non-compliance with rule 41 This rule applies to a person who— (a) (b) (c) is served with an application; and is permitted to file and serve a notice of defence or notice of intention to appear; and fails to file and serve a notice of defence or notice of intention to appear within the time specified in or under rule 41.
If the person appears on the day of the hearing of the application to oppose or support the application, the Judge must decide whether it is in the interests of justice to allow the person to be heard.
In deciding, for the purpose of subclause (2), whether to allow the person to be heard in relation to the application, the Judge must take into account the fol- lowing matters: (a) (b) any reason given by the person for failing to comply with rule 41; and the effect of the person’s failure to comply with rule 41 on— 42 (1) (2) (3) (i) (ii) the other parties to the proceeding: the management of the proceeding.
(4) The Judge may— (a) allow the person to be heard in relation to the application on such terms as the Judge thinks fit; or (b) decline to allow the person to be heard.
(5) If the Judge allows the person to be heard in relation to the application, the Judge may— (a) either— (i) (ii) proceed with the hearing of the application in accordance with any directions that the Judge thinks fit; or adjourn the hearing of the application and give any directions about the adjourned hearing that the Judge thinks fit; and 42 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 2 r 43 (b) make an order against the person for costs properly incurred in conse- quence of his or her failure to comply with rule 41.
(6) If the Judge declines to allow the person to be heard, the Judge may proceed with the hearing of the application in accordance with rule 55(2) as if the per- son had not appeared.

Rule 42: replaced, on 3 August 2009, by rule 4 of the Family Courts Amendment Rules 2009 (SR 2009/185).
43 Appearance under protest to jurisdiction (1) A respondent who objects to the jurisdiction of the court to hear and determine the proceedings in which the respondent has been served may, within the time specified in or under rule 41 for filing a notice of defence, and instead of doing so, file and serve an appearance stating the respondent’s objection and the grounds for it.
(2) The filing and serving of an appearance under subclause (1) is not, and must not be treated as, a submission to the jurisdiction of the court in the proceed- ings.

(3) A respondent who has filed an appearance under subclause (1) may apply to the court to dismiss the proceedings on the ground that the court has no juris- diction to hear and determine them.
(4) On hearing an application under subclause (3), the court,— (a) (b) if it is satisfied that it has no jurisdiction to hear and determine the pro- ceedings, must dismiss them; but if it is satisfied that it has jurisdiction to hear and determine the proceed- ings, must dismiss the application and set aside the appearance.

(5) At any time after an appearance has been filed under subclause (1), the appli- cant may make an interlocutory application to have the court set aside the ap- pearance.
(6) On hearing an application under subclause (5), the court,— (a) (b) if it is satisfied that it has jurisdiction to hear and determine the proceed- ings, must set aside the appearance; but if it is satisfied that it has no jurisdiction to hear and determine the pro- ceedings, must dismiss both the application and the proceedings.
(7) The court, in exercising its powers under this rule, may do so on any terms and conditions that may be just and, in particular, on setting aside the appearance may— (a) (b) extend the time within which the respondent may file and serve a notice of defence; and give any directions that may appear necessary regarding any further steps in the proceedings.
43 Part 2 r 44 Family Court Rules 2002 Reprinted as at 14 July 2017 (8) (9) To the extent that an application under this rule relates to service of process ef- fected outside New Zealand under DCR 6.23 or DCR 6.24 (as applied by rule 130(2)(a) or (b)), it must be determined under DCR 6.25 (as applied by rule 130(2)(c)).
But both this rule and DCR 6.25 (as applied by rule 130(2(c)) are subject to section 27(1) of the Trans-Tasman Proceedings Act 2010, which provides that a New Zealand court cannot stay a civil proceeding before it on forum grounds connected with Australia otherwise than in accordance with subpart 2 of Part 2 of that Act.

Compare: SR 1992/109 r 139 Rule 43(8): inserted, on 11 October 2013, by rule 5 of the Family Courts (Trans-Tasman Proceedings Act 2010) Amendment Rules 2013 (SR 2013/347).
Rule 43(8): amended, on 1 July 2014, by rule 6(1) of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).

Rule 43(8): amended, on 1 July 2014, by rule 6(2) of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).

Rule 43(9): inserted, on 11 October 2013, by rule 5 of the Family Courts (Trans-Tasman Proceedings Act 2010) Amendment Rules 2013 (SR 2013/347).

Rule 43(9): amended, on 1 July 2014, by rule 6(3) of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).
44 Appearance for ancillary purposes A respondent who does not oppose the applicant’s application, but who desires to be heard on any ancillary matter (including costs) may, without filing a no- tice of defence, file and serve an appearance specifying those matters, and, once that is done, no matter specified in the appearance may be determined ex- cept on notice to that respondent.
45 (1) (2) Compare: SR 1992/109 r 140 Appearance reserving rights Subclause (2) applies to a respondent who does not oppose the applicant’s ap- plication, but who desires to reserve the respondent’s rights in the event— (a) (b) that any other person may become a party to the proceedings; or that any person, already a party, may take some steps in the proceedings adverse to the respondent’s interests.
The respondent may file and serve an appearance reserving those rights, and, once that is done, the respondent is entitled to be served with all documents relevant to the rights so reserved that may be filed in the proceedings by any person who is or may become a party to them.
(3) A respondent who has filed an appearance under subclause (2) may at any time, by leave of the court, file and serve a notice of defence and any other document, within a time and on any terms and conditions the court specifies on granting the leave.

Compare: SR 1992/109 r 141 44 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 2 r 47 46 (1) (2) (3) Forms for entering appearance Form G 22 (set out in Schedule 1) may be used for the purpose of entering an appearance under rule 43.
Form G 23 (set out in Schedule 1) may be used for the purpose of entering an appearance under rule 44.

Form G 24 (set out in Schedule 1) may be used for the purpose of entering an appearance under rule 45.

Rule 46: replaced, on 1 November 2009, by rule 6 of the Family Courts Amendment Rules (No 2) 2009 (SR 2009/292).
47 Getting more information or getting admissions (1) A party to an application may get more information, or get an admission, from another party to the proceedings, or a person who is not a party to the proceed- ings, by— (a) (b) (c) (d) (e) (f) filing and serving on the other party interrogatories, under the provisions of the District Courts Rules 2014 specified in rule 137(2): issuing to the other party, under rule 138, a notice to admit facts: issuing to the other party, under rule 139, a notice requiring the other party to file in court and serve on each person served with the proceed- ings further particulars: applying to the Judge (see rules 140 to 152) for an order for discovery of documents that— (i) are or have been in the possession or power of the other party or of the person who is not a party; and (ii) relate to a matter in question in the proceedings: issuing to the other party, under rule 153, a notice to produce documents: issuing to the other party, under rule 154, a notice to admit documents.
(2) In subclause (1),— further particulars means further information required to ensure that the court and the party issuing the notice are fully and fairly informed of the matters re- lied on by the other party interrogatories means questions in writing that a party to proceedings asks an- other party to the proceedings about matters in issue between them in the pro- ceedings notice to admit documents means a notice requiring the other party to admit, for the purpose of the proceedings only, the authenticity of a document speci- fied in the notice or, by another notice served on the party issuing the first no- tice, to dispute the authenticity of that document notice to admit facts means a notice requiring the other party to admit, for the purpose of the proceedings only, facts specified in the notice or, unless the 45 Part 2 r 48 Family Court Rules 2002 Reprinted as at 14 July 2017 Judge orders otherwise on an interlocutory application for the purpose, to pay the cost of proving those facts notice to produce documents means a notice that must be treated as an order of the court and that requires the other party, unless the Judge orders otherwise on an interlocutory application for the purpose, to produce any document or thing specified in the notice for the purpose of evidence at any hearing of the application or before a Judge or other person authorised to take evidence in the proceedings.
Rule 47(1)(a): amended, on 1 July 2014, by rule 7 of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).

48 (1) (2) Evidence at hearing generally to be by affidavit Evidence given in support of a party’s case at any hearing of an application must be given by affidavit.

Subclause (1) does not apply if the court, on its own initiative or on an inter- locutory application for the purpose, directs that some or all of that evidence may be given orally.
49 Procedure when evidence given by affidavit The following rules apply in respect of affidavits: (a) (b) (c) (d) rule 157 (which relates to orders requiring people who refuse to make af- fidavits as to facts relevant to proceedings to appear and be examined on oath before the court as to those facts): rules 158 to 168 (which set out requirements affidavits must comply with, and permit a Judge to excuse non-compliance with some of those requirements): rule 156 (which prevents affidavits from being used or read in proceed- ings unless they have been properly taken and filed): rule 169 (which relates to cross-examination of a deponent who has sworn an affidavit for an opposite party and, by witness summons, com- pelling the deponent to attend at any hearing in order to be cross-exam- ined).
50 Witness summons (1) A party to proceedings may ask a Registrar to issue a witness summons in form G 18 for a person if the party wants the person to attend any hearing of the ap- plication and— (a) (b) give oral evidence in accordance with a Judge’s direction under rule 48: produce any document relating to a matter in question in the proceedings in the person’s possession or power.

(2) On receiving a request under subclause (1), the Registrar must issue to the party the witness summons and a copy of it.
46 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 2 r 52 (3) The witness summons must be served on the witness concerned by personal service at a reasonable time before any date fixed for the hearing of the appli- cation.

(4) At the time of the service of the summons, there must be paid or tendered to the witness concerned the sum estimated to be payable to him or her for allow- ances and travelling expenses, but not fees, under the Witnesses and Interpret- ers Fees Regulations 1974.
(5) Nothing in subclause (4) limits rule 51.

51 Witness entitled to expenses (1) A witness attending a court on a witness summons or any other person giving evidence in the proceedings is entitled to receive, from the party calling him or her, a sum for fees, allowances, and travelling expenses in accordance with the Witnesses and Interpreters Fees Regulations 1974.
(2) The court may, on an interlocutory application for the purpose,— (a) (b) disallow the whole or part of that sum; or order that subclause (1) does not apply.

(3) Subclause (1) does not apply to a person called as a witness by a court under section 82 of the Domestic Violence Act 1995 (including persons to whom that section applies by virtue of section 51O, 51P, or 78(5) of that Act).

(4) Nothing in subclause (3) limits regulation 3 of the Domestic Violence (Gener- al) Regulations 1996.
Compare: SR 1996/148 r 99 Rule 51(3): amended, on 1 October 2014, by rule 5 of the Family Courts Amendment Rules (No 5) 2014 (LI 2014/214).
52 Conferences (1) A party to proceedings or the Judge may (under the following rules or under the provisions of the family law Acts referred to in those rules) ask the Regis- trar to arrange for the following conferences, chaired by a Judge, to be con- vened: (a) (b) (c) (rules 292 to 295) a Oranga Tamariki Act 1989 mediation conference or judicial conference: [Revoked] (rule 413) a Protection of Personal and Property Rights Act 1988 pre- hearing conference.
(2) The Judge may at any time before or during the hearing of an application, either on his or her own initiative or on an interlocutory application for the pur- pose by a party, direct the Registrar to arrange for— (a) (b) a judicial conference to be convened under rule 174; or a settlement conference to be convened under rule 178.
47 Part 2 r 52A Family Court Rules 2002 Reprinted as at 14 July 2017 (2A) A direction may be made under subclause (2)— (a) on such terms as the Judge thinks fit; and (b) whether or not a conference referred to in subclause (1) has been con- vened.
(3) Nothing in this rule limits the court’s power, on an application under section 38 of the Property (Relationships) Act 1976, to appoint the Registrar of the court, or another person the court thinks fit, to make an inquiry into the matters of fact in issue between the parties, and to report on them to the court.

Rule 52(1)(a): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
Rule 52(1)(b): revoked, on 31 March 2014, by rule 13 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

Rule 52(2): replaced, on 1 November 2009, by rule 8 of the Family Courts Amendment Rules (No 2) 2009 (SR 2009/292).

Rule 52(2A): inserted, on 1 November 2009, by rule 8 of the Family Courts Amendment Rules (No 2) 2009 (SR 2009/292).

Fixing date and time for hearing of application Heading: inserted, on 27 May 2010, by rule 5 of the Family Courts Amendment Rules 2010 (SR 2010/97).
52A Judge may require Registrar to fix date and time for hearing of application (1) A Judge may, at any time on his or her own initiative, direct the Registrar to fix a date and time for the hearing of an application.
(2) After a Judge gives a direction under subclause (1), the Registrar must— (a) make inquiries with the parties to obtain an estimate of the duration of the hearing of the application, if an estimate is required; and (b) (c) fix a date and time for the hearing of the application; and give notice of the date and time of the hearing of the application to— (i) (ii) the parties; and any person (not being a party) who has filed a notice of intention to appear.
Rule 52A: inserted, on 27 May 2010, by rule 5 of the Family Courts Amendment Rules 2010 (SR 2010/97).
52B Parties may require Registrar to fix date and time for hearing of application (1) This rule applies if— (a) the time has expired for the filing of— (i) (ii) a notice of defence; or a notice of intention to appear; and 48 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 2 r 52D (b) a request for the convening of any of the following conferences has been disposed of: (i) (ii) a mediation conference: a settlement conference: (iii) a judicial conference.
(2) (3) The Registrar must fix a date and time for the hearing of an application if there is filed an application for fixture in form G 17 that is signed by, or on behalf of, all parties.

The Registrar may fix a date and time for the hearing of an application even though the application for fixture is not signed by all of the parties if the Regis- trar is satisfied that the parties who have not signed the application— (a) (b) have refused to do so; and have no reasonable reason for that refusal.
(4) A Registrar who fixes a date and time under subclause (2) or (3) must note on the application for fixture that he or she has done so.

(5) The Registrar must give notice of the date and time of the hearing of the appli- cation to— (a) (b) the parties; and any person (not being a party) who has filed a notice of intention to ap- pear.

Rule 52B: inserted, on 27 May 2010, by rule 5 of the Family Courts Amendment Rules 2010 (SR 2010/97).
52C Parties to give Registrar information affecting duration of hearing After receiving a notice under rule 52A(2)(c)(i) or 52B(5)(a), the parties must, without delay, give the Registrar all available information affecting the earlier estimate of the duration of the hearing.

Rule 52C: inserted, on 27 May 2010, by rule 5 of the Family Courts Amendment Rules 2010 (SR 2010/97).
52D Only certain steps may be taken after notice of hearing date given (1) After the Registrar has given notice of the date and time fixed for the hearing of an application, a party may only do the following: (a) file— (i) (ii) an application for leave under subclause (2): an application under rule 14 for directions: (iii) an application under rule 78 to amend a document: (b) file and serve— (i) a notice under rule 169 requiring a deponent to attend the hearing for cross-examination: 49 Part 2 r 53 Family Court Rules 2002 Reprinted as at 14 July 2017 (ii) further particulars in compliance with a notice issued under rule 139: (c) comply with any direction or order of the court.
(2) No other step in the proceeding may be taken by a party except with the leave of a Judge granted on the application of that party.

Rule 52D: inserted, on 27 May 2010, by rule 5 of the Family Courts Amendment Rules 2010 (SR 2010/97).
Steps at hearing 53 Court and Chambers (1) A Judge may adjourn a hearing of an application from court to Chambers (that is, a venue the Judge considers more private than court), and from Chambers to court, in order to do justice between parties to the proceedings and any other persons affected, or likely to be affected, by the proceedings.
(2) A Judge may adjourn a hearing under subclause (1) on his or her own initiative or on an interlocutory application (either on notice or without notice) for the purpose.
54 Ascertaining wishes or views of child or young person If a court is required, or considers it necessary or desirable, to ascertain the wishes of a child or young person at any hearing of any application, the court may— (a) order that any party to the proceedings, and the lawyers or other persons representing a party or the child or young person, be excluded from the hearing for so long as may be necessary to ascertain those wishes or views; or (b) direct when and where the Judge will ascertain those wishes or views.
Rule 54 heading: amended, on 1 July 2005, by rule 10(1) of the Family Courts Amendment Rules 2005 (SR 2005/101).

Rule 54(a): amended, on 1 July 2005, by rule 10(2) of the Family Courts Amendment Rules 2005 (SR 2005/101).

Rule 54(b): amended, on 1 July 2005, by rule 10(2) of the Family Courts Amendment Rules 2005 (SR 2005/101).

Procedure if some or all parties do not appear If no party appears, the court may dismiss the application.
If the applicant appears but no other party appears, the applicant may proceed to establish the grounds on which he or she claims to be entitled to the order or declaration sought.

If the applicant does not appear but another party appears and opposes the ap- plication, the court may— (a) adjourn the hearing; or 55 (1) (2) (3) 50 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 2 r 58 (b) dismiss the application.

(4) Subclause (3) does not apply to a person to whom rule 42 applies.
Compare: SR 1992/109 rr 485–487 Rule 55(4): inserted, on 3 August 2009, by rule 5 of the Family Courts Amendment Rules 2009 (SR 2009/185).

56 Judgment following non-appearance may be set aside A judgment given where a party does not appear at the hearing may be set aside or varied by the court on any terms it considers just if it appears to the court that there has been, or that there may have been, a miscarriage of justice.
57 (1) Compare: SR 1992/109 r 488 Procedure if all parties appear If all parties appear at the hearing, the applicant must state his or her case and give evidence in support unless the court directs another party to do so.

(2) When that party finishes stating his or her case and giving evidence in support, the other parties must state their cases and give evidence in support in a se- quence directed by the court.

(2A) Subclause (2) does not apply to a person to whom rule 42 applies.
(3) When all parties have stated their cases and given evidence in support, the par- ties may address the court on the application generally in reverse sequence to that in which they stated their cases unless the court directs another sequence.

Compare: SR 1992/109 r 489 Rule 57(2A): inserted, on 3 August 2009, by rule 6 of the Family Courts Amendment Rules 2009 (SR 2009/185).
Steps at end of hearing 58 What court may do at end of hearing (1) At the end of a hearing of an application, the court may— (a) (b) (c) adjourn the proceedings: stay or dismiss the application: deliver or reserve judgment on the application: (d) make 1 or more interim orders or interlocutory orders: (e) make, or defer until some fixed or indefinite later time the making of, 1 or more orders on the application.
(2) Subclause (1) does not limit or affect any power or duty of the court under these rules or any other enactment or rule of law.

(3) Rules 196 to 206 apply in respect of judgments and orders.
51 Part 2 r 59 Family Court Rules 2002 Reprinted as at 14 July 2017 Rehearings 59 Rehearings Under rules 209 to 213,— (a) (b) a party to proceedings may apply for a rehearing of all or any part of an application on the grounds that there has been a miscarriage of justice in the proceedings: the court may consider the application for a rehearing and order that the application, or part of it, be reheard: (c) a rehearing of the application, or part of it, may be conducted.
Rights of appeal to High Court 60 Rights of appeal under family law Acts Certain parties to proceedings have, under the family law Act under which the proceedings were brought, rights of appeal to the High Court against an order made, or a refusal to make an order, or any other decision that finally deter- mines or dismisses the proceedings.
Part 3 Rules about particular aspects of proceedings Overview of Part 61 (1) (2) (3) Overview of this Part This Part contains rules about particular aspects of proceedings in Family Courts.

It should be read with all other Parts of these rules.

The application of this Part to any proceedings is modified by any rules in Part 5 or Part 5A that apply to the proceedings.
(4) Among other things, this Part contains rules on the following matters: forms, and the shape, etc, of documents to be filed: how to file documents in court: lawyers and representatives: service of documents: discovery and inspection of documents: procedures when evidence is given by affidavit: conferences: judgments and orders: costs: (a) (b) (c) (d) (e) (f) (g) (h) (i) 52 Reprinted as at 14 July 2017 (j) rehearings.
Family Court Rules 2002 Part 3 r 62A (5) This rule is only a guide to the general scheme and effect of this Part.

Rule 61(3): replaced, on 31 March 2014, by rule 14 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
62 (1) (2) (3) (4) (5) (6) Forms Forms The forms to be used in proceedings in a court are those set out in Schedule 1, unless— (a) (b) a rule in Part 5 requires or permits, in proceedings under a particular family law Act, the use of a particular form set out in Schedules 2 to 9; or a rule in Part 5A requires or permits, in proceedings to which that Part applies, the use of a particular form set out in Schedule 10; or (c) the use of an approved form— (i) is required or permitted by a rule in Part 5A (see rules 62A and 416E); or (ii) is required by rule 305(a) (see rule 62AB).
[Revoked] [Revoked] Forms prescribed by these rules may be varied as the circumstances of a par- ticular case require.

Strict compliance with forms prescribed by these rules is not required; substan- tial compliance, or the compliance that the particular circumstances of the case allows, is sufficient.

If these rules do not prescribe a form for a particular purpose, an appropriate form may be devised by the parties or by the court, using as guides the forms prescribed by these rules.
Compare: SR 1996/148 r 9 Rule 62(1): replaced, on 31 March 2014, by rule 15 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

Rule 62(1)(c): replaced, on 1 October 2014, by rule 6 of the Family Courts Amendment Rules (No 5) 2014 (LI 2014/214).

Rule 62(2): revoked, on 31 March 2014, by rule 15 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

Rule 62(3): revoked, on 31 March 2014, by rule 15 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
62A Approved forms for use in proceedings to which Part 5A applies (1) The Secretary for Justice may approve forms that are to be used by applicants and parties in proceedings to which Part 5A applies (which are proceedings 53 Part 3 r 62AB Family Court Rules 2002 Reprinted as at 14 July 2017 under the Care of Children Act 2004, other than proceedings under subpart 4 of Part 2 of that Act).
(2) The following rules apply to a document that is an approved form: (a) (b) (c) (d) rule 64 (about size of paper): rule 69 (about fastening and numbering of pages): rule 70 (about legibility): rule 71 (about signatures).
(3) Every form approved by the Secretary for Justice under this rule— (a) must be published on the Ministry of Justice website; and (b) must be available to be downloaded, free of charge, from that Internet site; and (c) if the form corresponds to a form in Schedule 1, must identify the form to which it corresponds; and (d) must include a front page, or require the attachment of a front page on an approved form.
Rule 62A: inserted, on 31 March 2014, by rule 16 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

Rule 62A(1): amended, on 1 July 2014, by rule 8(1) of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).

Rule 62A(3): amended, on 1 July 2014, by rule 8(2) of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).
62AB Approved forms for use in proceedings under Domestic Violence Act 1995 (1) The Secretary for Justice may approve forms that are required by rule 305(a) to be used by service providers in proceedings under the Domestic Violence Act 1995.

(2) The following rules apply to a document that is an approved form: (a) (b) (c) (d) rule 64 (about size of paper): rule 69 (about fastening and numbering of pages): rule 70 (about legibility): rule 71 (about signatures).
(3) Every form approved by the Secretary for Justice under this rule— (a) must be published on the Ministry of Justice website; and (b) must be available to be downloaded, free of charge, from that Internet site.

Rule 62AB: inserted, on 1 October 2014, by rule 7 of the Family Courts Amendment Rules (No 5) 2014 (LI 2014/214).
54 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 3 r 69 Shape, etc, of documents to be filed 63 Documents to which rules 64 to 69 apply In rules 64 to 69, document means— (a) (b) a prescribed form (other than an information sheet); or an affidavit (but not an exhibit to an affidavit), other than an affidavit made in proceedings to which Part 5A applies.

Rule 63(b): amended, on 31 March 2014, by rule 17 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
64 Paper Each page of a document must be International size A4.

Compare: SR 1992/109 r 22 65 Contents must be only on 1 side of paper Each sheet of paper on which the contents of a document are recorded must have those contents recorded only on 1 side.

Compare: SR 1996/148 r 10(3) 66 Margin (1) A margin of at least 40 mm must be at the top of each page of a document.

(2) A margin of at least 30 mm must be on the left-hand side of each page of a document.
(3) A margin of at least 50 mm must be on the right-hand side of each page of a document.

Compare: SR 1996/148 r 10(2) 67 Numbers (1) Numbers in a document must be expressed in figures and not in words.

(2) This rule is subject to Schedules 1 to 9.

68 (1) (2) Compare: SR 1992/109 r 34 Division into paragraphs The contents of a document must be divided into paragraphs numbered con- secutively.

Each paragraph in a document must so far as practicable be confined to a single topic.
(3) This rule is subject to Schedules 1 to 9.

Compare: SR 1992/109 r 33 69 Fastening and numbering of pages In a document of 2 or more pages, the pages must be— 55 Part 3 r 70 Family Court Rules 2002 Reprinted as at 14 July 2017 (a) (b) securely fastened together in the top left-hand corner; and consecutively numbered at the top of each page.
Compare: SR 1992/109 r 28 70 Contents must be legible The contents of a document must be— (a) (b) legible; and typewritten, printed, handwritten, or produced in permanent form by photocopying.

Compare: SR 1992/109 r 24(1); SR 1996/148 r 10(4) 71 Signature to be original If a document is required to be signed,— (a) (b) an original signature is required; and the name of the signatory must be legibly typed, printed, stamped, or written below the original signature.
Compare: SR 1992/109 r 25 72 Front page (1) A document (other than a document specified in subclause (4)) to be filed by a party to proceedings must have a front page— (a) (b) in the form prescribed for those particular proceedings, as set out in Schedules 2 to 9; or if no form is prescribed for those particular proceedings, in form G 1 (as set out in Schedule 1).
If 1 or more of the parties to the proceedings resides in a country other than New Zealand, the words “New Zealand” must appear on the front page after the location of the court where the proceedings have been filed.

If the document being filed is not a document required to be filed to make an application, initials of a person may be used on the front page instead of first or given names of the person.
(2) (3) (4) The following documents do not need a front page: (a) (b) (c) (d) a document tendered in evidence, a certificate, or a report: an information sheet (for example, form G 7, form CYPF 4, form DV 4A, and form PPPR 14): form DV 6 (information for Police if application made for protection order): an approved form filed in Care of Children Act 2004 proceedings under Part 5A.
56 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 3 r 75 (5) This rule is subject to directions of the court to the contrary (for example, a di- rection that the address of an applicant or respondent be omitted).

Compare: SR 1981/261 r 13 Rule 72(4): replaced, on 31 March 2014, by rule 18 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

Rule 72(4)(b): amended, on 1 October 2014, by rule 8 of the Family Courts Amendment Rules (No 5) 2014 (LI 2014/214).
73 Heading (1) A document to be issued by a court or Registrar must have a heading— (a) (b) in the form prescribed for those particular proceedings, as set out in Schedules 2 to 10; or if no form is prescribed for those particular proceedings, in form G 2 (as set out in Schedule 1).

If 1 or more of the parties to the proceedings resides in a country other than New Zealand, the words “New Zealand” must appear on the heading after the location of the court where the proceedings have been filed.
If the heading does not require first or given names, addresses, or occupations to be used, to distinguish between 2 or more persons,— (a) (b) initials may be used; and addresses and occupations may be omitted.

[Revoked] This rule is subject to directions of the court to the contrary.

Compare: SR 1981/261 r 13 (2) (3) (4) (5) Rule 73(1): amended, on 31 March 2014, by rule 19(1) of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
Rule 73(1)(a): amended, on 31 March 2014, by rule 19(2) of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

Rule 73(4): revoked, on 31 March 2014, by rule 19(3) of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
74 Front page must comply with requirements of rule 82 If a document is the first document filed by, or on behalf of, a party in any par- ticular proceedings or intended proceedings, the front page required by rule 72 to be with the document must also comply with the requirements of rule 82.
How to file documents in court 75 (1) Filing documents To file a document, the person seeking to file it must— (a) present the document for filing at the office of the proper court; and 57 Part 3 r 76 Family Court Rules 2002 Reprinted as at 14 July 2017 (b) pay any applicable fee that has not been waived or postponed by the Registrar.

(2) A document is filed when it is accepted for filing by the Registrar.

Rule 75: replaced, on 1 March 2014, by rule 5 of the Family Courts Amendment Rules 2014 (LI 2014/3).
76 Ways documents may be presented for filing (1) Any document may be presented for filing at a court office by— (a) (b) delivering it to the Registrar by hand; or sending it to the court office by prepaid post.
(2) If the document is an application made without notice or a document required or permitted by a family law Act or these rules to be filed with that kind of ap- plication, the document may be presented for filing at a court office— (a) (b) by either of the ways specified in subclause (1); or by sending it to an electronic system used by the court.
(3) Where a document has been presented for filing in accordance with subclause (2)(b), the Registrar may require that document to also be presented for filing in either of the ways specified in subclause (1).

Rule 76: replaced, on 1 March 2014, by rule 6 of the Family Courts Amendment Rules 2014 (LI 2014/3).
Amendment of certain documents filed 77 Amendment of application form before it is served A Registrar may amend an application form before it is served if, before it is served, the Registrar receives from the applicant a written request to amend it.
Compare: SR 1996/148 r 67(1) Amending documents in proceedings The court may, on its own initiative or on an interlocutory application for the purpose, at any stage of the proceedings,— (a) (b) amend a defect or error in a document in the proceedings, whether or not the defect or error is that of the party applying to amend: amend the name, address, or occupation of a party to the proceedings as set out in a document in the proceedings: (c) make any other amendments to a document in the proceedings that may be necessary for the purpose of ensuring that the real question in dispute between the parties is determined.
If an amendment is made to documents in proceedings under subclause (1), the proceedings continue as if they had been commenced with the documents in the form in which they appear after the amendment has been made.
Compare: 1996/148 r 68 78 (1) (2) 58 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 3 r 81 79 Amendment of application form, or notice of defence or intention to appear (1) An applicant may file and serve an amended application form, and a respond- ent 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 application has been set down for hearing or if no hearing is required.
(2) When an application form or a notice of defence is amended, the court may, at the hearing, adjourn the hearing for a time and on any terms the court considers just.

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

Compare: SR 1996/148 r 69 Lawyers 80 Party need not have lawyer (1) A party need not have a lawyer to act for the party in proceedings.
(1A) A lawyer may act for any party to proceedings under any Act, but in proceed- ings to which Part 5A applies, a lawyer may act only as provided in section 7A of the Care of Children Act 2004.
(2) This rule is subject to enactments that permit or require a court or Registrar to appoint a lawyer for a party, for example,— (a) (b) (c) (d) (e) section 159 of the Oranga Tamariki Act 1989: section 81 of the Domestic Violence Act 1995: section 162 of the Family Proceedings Act 1980: section 7 of the Care of Children Act 2004: rule 95(4)(a).

Rule 80(1A): inserted, on 31 March 2014, by rule 20 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
Rule 80(2)(a): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Rule 80(2)(d): replaced, on 1 July 2005, by rule 11 of the Family Courts Amendment Rules 2005 (SR 2005/101).
81 Lawyers who are, or act for, adverse parties (1) A lawyer must not act for a party if the lawyer, or another lawyer in partnership with the lawyer,— (a) is a party to the proceedings and has an interest in the subject matter of the proceedings that differs from the party’s interest; or 59 Part 3 r 82 Family Court Rules 2002 Reprinted as at 14 July 2017 (b) is acting for another party to the proceedings who has an interest in the subject matter of the proceedings that differs from the party’s interest.
(2) However, a party may seek the leave of the court to engage to act for the party a lawyer of the kind referred to in subclause (1).
Compare: SR 1992/109 r 39 82 Memorandum to be on front page with first document filed (1) If a document is the first document filed by, or on behalf of, a party, in any par- ticular proceedings or intended proceedings, there must, at the end of any front page required by rule 72 to be with the document, be a memorandum in form G 4 stating— (a) (b) that the document is filed by the party or the party’s lawyer; and if the document is filed by the party’s lawyer,— (i) (ii) the name of the lawyer; and if the lawyer is a member of a firm or practises under the name of a firm, the name of the firm; and (c) if the document is filed by a lawyer who has another lawyer acting as his or her agent in the proceedings,— (d) (e) (i) (ii) the name of the agent, or of his or her firm (if any); or the postal address of the party’s lawyer; and an address for service; and if the document is filed by a lawyer, any post office box address, docu- ment exchange box number, fax number, or email address by which the lawyer will accept service of documents in the course of the proceed- ings.
(2) The lawyer whose name is stated in the memorandum must, for the purposes of these rules, be treated as the lawyer on the record for that party.

(3) Nothing in subclause (2) limits rule 83A or 87.

Compare: SR 1992/109 rr 41, 43 Rule 82(1)(e): replaced, on 17 November 2011, by rule 4 of the Family Courts Amendment Rules 2011 (SR 2011/349).

Rule 82(3): amended, on 11 October 2013, by rule 6 of the Family Courts (Trans-Tasman Proceed- ings Act 2010) Amendment Rules 2013 (SR 2013/347).
83 Lawyer filing documents on behalf of party (1) A lawyer must not file a document on behalf of a party unless— (a) the lawyer is in practice on his or her own account or as a principal in a firm of lawyers; or (b) the lawyer is a Crown Counsel employed at the Crown Law Office; or 60 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 3 r 85 (c) (d) (e) the party is a corporation and the lawyer is employed by that party as its principal legal adviser, or is a lawyer of the kind described in paragraph (a) or paragraph (b); or the party is a department (as defined in section 2(1) of the Public Fi- nance Act 1989) and the lawyer is employed by that party as its Office Solicitor or principal legal adviser or as a lawyer under the control and direction of its Office Solicitor or principal legal adviser, or is a lawyer of the kind described in paragraph (a) or paragraph (b); or the party is Public Trust and the lawyer is employed by that party as its office solicitor (as defined in section 4 of the Public Trust Act 2001), or is a lawyer of the kind described in paragraph (a) or paragraph (b).
(2) To avoid doubt, in proceedings to which Part 5A applies, a lawyer may file a document on behalf of a party only if permitted by section 7A of the Care of Children Act 2004 to act for the party.

Compare: SR 1992/109 r 38 Rule 83(2): inserted, on 31 March 2014, by rule 21 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
83A Authority of certain Australian solicitors in certain trans-Tasman proceedings: District Courts Rules 2014 apply DCR 5.39 (relating to authority of certain Australian solicitors in certain Trans- Tasman proceedings) applies, so far as applicable and with all necessary modi- fications, to proceedings in a court.

Rule 83A: inserted, on 11 October 2013, by rule 7 of the Family Courts (Trans-Tasman Proceedings Act 2010) Amendment Rules 2013 (SR 2013/347).
Rule 83A heading: amended, on 1 July 2014, by rule 9(1) of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).

Rule 83A: amended, on 1 July 2014, by rule 9(2) of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).
84 Lawyer’s warranty as to authorisation to file documents A lawyer who files a document or has another person file a document for the lawyer must be treated as having warranted to the court and all parties to the proceedings that the lawyer is authorised to file the document by, or on behalf of, the party on whose behalf the document was filed.
Compare: SR 1992/109 r 40 85 Lawyer may sign certain documents on behalf of party Unless the party’s personal signature is expressly required, a document re- quired by these rules to be signed by a party may be signed on behalf of the party by the lawyer acting for the party.

Compare: SR 1992/109 r 42 61 Part 3 r 86 Family Court Rules 2002 Reprinted as at 14 July 2017 86 Lawyer acting in person (1) A lawyer who is a party to proceedings and acts in person is entitled to law- yers’ costs.
(2) This rule is subject to rule 207(a).

87 (1) (1A) (2) Compare: 1992/109 r 52 Change of representation Except in proceedings to which Part 5A applies, a party must file and serve on every other party to the proceedings a notice of change of representation if— (a) (b) (c) the party has acted in person and appoints a lawyer to act for that party; or the party wishes to change that party’s lawyer; or the party for whom a lawyer has acted wishes to act in person.
In proceedings to which Part 5A applies, if a lawyer starts to act for a party, or ceases to act for a party, solely as a result of the operation of section 7A of the Care of Children Act 2004, the lawyer must notify the Registrar of the change by notice in writing.
If the party’s address for service after the change of representation will be dif- ferent from that which applied before the change, the party must also serve a copy of the notice at the address that was, immediately before the change, the party’s address for service.
(3) The notice— (a) must be signed by the party personally or by the party’s attorney; and (b) (c) in the case of a notice under subclause (1)(a) or (b), must contain the in- formation about the new lawyer required by rule 82(1)(b) to (e); and in the case of a party referred to in subclause (1)(c), must state that the party’s intention is to act in person.
(4) For the purposes of the proceedings, the change of representation takes effect on the filing of an affidavit proving compliance with subclause (1) and exhibit- ing and verifying a copy of the notice served.

(5) Form G 3 may be used for a notice under this rule.

Compare: SR 1992/109 r 44(1)–(4), (7) Rule 87(1): amended, on 31 March 2014, by rule 22(1) of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
Rule 87(1A): inserted, on 31 March 2014, by rule 22(2) of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
Court may declare that lawyer no longer acting for party If a party engages a lawyer to act for the party in proceedings, the lawyer must continue to act for the party until— (a) the party engages a new lawyer to act for the party under rule 87; or 88 (1) 62 Reprinted as at 14 July 2017 (b) (ba) Family Court Rules 2002 Part 3 r 90 the party decides to act in person under rule 87; or in the case of proceedings to which Part 5A applies, the lawyer ceases, in accordance with section 7A of the Care of Children Act 2004, to act for the party; or (c) a court, by an order made on an interlocutory application for the purpose by the lawyer, declares that the lawyer is no longer acting for the party.
(2) An application under subclause (1)(c) must— (a) (b) be accompanied by an affidavit setting out the grounds for the applica- tion; and be served (with a copy of that affidavit) on the party for whom the law- yer acted unless the court directs otherwise.

(3) The notice of the application served on the party for whom the lawyer acted must inform the party of the effect that rule 121 will have if the order is made.
(4) An order made under this rule— (a) (b) does not take effect until the lawyer has served a copy of it on every party to the proceedings and filed an affidavit proving that service; and does not affect the rights of the lawyer and the party for whom the law- yer acted as between themselves.

Compare: SR 1992/109 r 44A Rule 88(1)(ba): inserted, on 31 March 2014, by rule 23 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
Representatives and managers 89 Interpretation In rules 90 to 98, unless the context otherwise requires,— litigation guardian has the meaning given to it by rule 8 representative has the meaning given to it by rule 8 taking part in proceedings includes commencing or defending proceedings.

Rule 89: replaced, on 1 March 2014, by rule 7 of the Family Courts Amendment Rules 2014 (LI 2014/3).
90 Minor must be represented by next friend or litigation guardian (1) A minor under the age of 18 years must not take part in proceedings without— (a) (b) a next friend; or a litigation guardian.
(2) Subclause (1) does not apply to a minor who— (a) is required by an enactment to take part in proceedings without a next friend or litigation guardian (for example, sections 9(4) and 71 of the Domestic Violence Act 1995); or 63 Part 3 r 90A Family Court Rules 2002 Reprinted as at 14 July 2017 (b) is permitted by an enactment to take part in proceedings without a next friend or litigation guardian (for example, section 50(3) of the District Courts Act 1947, section 52 of the Property (Relationships) Act 1976, section 158 of the Family Proceedings Act 1980, section 225 of the Child Support Act 1991, and section 31(2)(e) of the Care of Children Act 2004); or (c) is authorised under rule 90A to take part in proceedings without a next friend or litigation guardian.
Compare: SR 2002/261 r 89(2), (4) (pre-1 March 2014); 1908 No 89 Schedule 2 r 4.31 Rule 90: replaced, on 1 March 2014, by rule 7 of the Family Courts Amendment Rules 2014 (LI 2014/3).
90A Minor may apply to take part in proceedings without next friend or litigation guardian (1) This rule applies to a minor under the age of 18 years who— (a) (b) is not required or permitted by an enactment to take part in proceedings without a next friend or litigation guardian; and is not prohibited by an enactment from taking part in proceedings with- out a next friend or litigation guardian.
(2) A minor who wishes to take part in proceedings in his or her own name may apply to the court for authorisation to take part in the proceedings without a next friend or litigation guardian.
(3) On an application under subclause (2), the court or Registrar may make an order allowing the minor to take part in the proceedings without a next friend or litigation guardian if the court or Registrar is satisfied that— (a) (b) the minor is capable of making the decisions required or likely to be re- quired in the proceedings; and no reason exists that would make it in the interests of the minor to be represented by a next friend or litigation guardian.
Compare: 1908 No 89 Schedule 2 r 4.32 Rule 90A: inserted, on 1 March 2014, by rule 7 of the Family Courts Amendment Rules 2014 (LI 2014/3).
90B Appointment of next friend for minor A person is treated as appointed as the next friend for a minor if the person has filed in the court— (a) an affidavit showing that he or she— (i) is able fairly and competently to conduct proceedings on behalf of the minor; and (ii) does not have interests adverse to those of the minor; and 64 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 3 r 90D (b) an undertaking to be responsible for any costs awarded in the proceed- ings against the minor.
Compare: SR 2002/261 r 90(4) (pre-1 March 2014) Rule 90B: inserted, on 1 March 2014, by rule 7 of the Family Courts Amendment Rules 2014 (LI 2014/3).

90C Appointment of litigation guardian for minor (1) (2) (3) (4) This rule applies if a minor does not have a next friend or litigation guardian within the meaning of paragraph (a)(ii) of the definition of litigation guardian in rule 8.
The court or Registrar may appoint a litigation guardian if the court or Regis- trar is satisfied that— (a) the person for whom the litigation guardian is to be appointed is a minor; and (b) the litigation guardian— (i) (ii) (iii) is able fairly and competently to conduct proceedings on behalf of the minor; and does not have interests adverse to those of the minor; and consents to being a litigation guardian.
In deciding whether to appoint a litigation guardian, the court or Registrar may have regard to any matters the court or Registrar considers appropriate, includ- ing the views of the person for whom the litigation guardian is to be appointed.
The court or Registrar may appoint a litigation guardian under this rule at any time— (a) (b) on the court’s or Registrar’s own initiative; or on an interlocutory application made with or without notice by any per- son, including a person seeking to be appointed as litigation guardian.

Compare: SR 2002/261 r 90(1), (3) (pre-1 March 2014); 1908 No 89 Schedule 2 r 4.35 Rule 90C: inserted, on 1 March 2014, by rule 7 of the Family Courts Amendment Rules 2014 (LI 2014/3).
90D Appointment of litigation guardian for person to whom section 11 of Domestic Violence Act 1995 applies (1) (2) This rule applies in respect of a person to whom section 11 of the Domestic Violence Act 1995 applies (that is, a person lacking capacity, and includes a person to whom that section applies by virtue of section 22(6), 48, 73, or 92 of that Act).
The court or Registrar may appoint a litigation guardian for a person to whom this rule applies if the court or Registrar is satisfied that the litigation guardi- an— 65 Part 3 r 90E Family Court Rules 2002 Reprinted as at 14 July 2017 (a) (b) (c) is able fairly and competently to conduct proceedings on behalf of the person; and does not have interests adverse to those of the person; and consents to being a litigation guardian.
(3) The court or Registrar may appoint a litigation guardian under subclause (2) if an interlocutory application for the purpose has been made with or without no- tice, in form DV 7,— (a) (b) (c) by the proposed litigation guardian; or by a party to the proceedings; or by any other person, with the leave of the court.

Compare: SR 2002/261 r 90(2), (3) (pre-1 March 2014) Rule 90D: inserted, on 1 March 2014, by rule 7 of the Family Courts Amendment Rules 2014 (LI 2014/3).
90E Incapacitated person must be represented by litigation guardian (1) An incapacitated person must not take part in proceedings without a litigation guardian, unless the court otherwise orders.

(2) If a person becomes an incapacitated person during a proceeding, a party must not take any step in the proceeding without the permission of the court until the incapacitated person has a litigation guardian.
Compare: SR 2002/261 r 89(2A), (2B) (pre-1 March 2014); 1908 No 89 Schedule 2 r 4.30 Rule 90E: inserted, on 1 March 2014, by rule 7 of the Family Courts Amendment Rules 2014 (LI 2014/3).

90F Appointment of litigation guardian for incapacitated person This rule applies if an incapacitated person does not have a litigation guardian within the meaning of paragraph (a)(ii) of the definition of litigation guardian in rule 8.
The court or Registrar may appoint a litigation guardian if the court or Regis- trar is satisfied that— (a) the person for whom the litigation guardian is to be appointed is an in- capacitated person; and (b) the litigation guardian— (i) (ii) is able fairly and competently to conduct proceedings on behalf of the incapacitated person; and does not have interests adverse to those of the incapacitated per- son; and (iii) consents to being a litigation guardian.
In deciding whether to appoint a litigation guardian, the court or Registrar may have regard to any matters the court or Registrar considers appropriate, includ- ing the views of the person for whom the litigation guardian is to be appointed.
(1) (2) (3) 66 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 3 r 90H (4) The court or Registrar may appoint a litigation guardian under this rule at any time— (a) (b) on the court’s or Registrar’s own initiative; or on the application of any person, including a person seeking to be ap- pointed as litigation guardian.
Compare: SR 2002/261 r 90(3A), (3B), (3C) (pre-1 March 2014); 1908 No 89 Schedule 2 r 4.35 Rule 90F: inserted, on 1 March 2014, by rule 7 of the Family Courts Amendment Rules 2014 (LI 2014/3).

90G Notification of appointment (1) A person appointed under rule 90C, 90D, or 90F as a litigation guardian for a party to a proceeding must give notice of the appointment to other parties in the proceeding as soon as practicable after the appointment.
(2) A person appointed as a guardian ad litem for a person under section 10(1)(i) of the Protection of Personal and Property Rights Act 1988 must file in the court a copy of the order appointing him or her in that capacity unless rule 92 applies.

Compare: SR 2002/269 r 90(5) (pre-1 March 2014); 1908 No 89 Schedule 2 r 4.37 Rule 90G: inserted, on 1 March 2014, by rule 7 of the Family Courts Amendment Rules 2014 (LI 2014/3).
90H Person subject to property order must be represented by manager A person must not take part in proceedings in his or her own name, but must instead take part in proceedings through a manager, if— (a) a manager has been appointed for the person by a property order made under section 31 of the Protection of Personal and Property Rights Act 1988 and— (i) (ii) the order empowers the manager to take part in the proceedings; and the proceedings relate to property of the person that is property subject to the property order; or (b) a trustee corporation is acting as a manager for the person under an ap- plication under section 32 or 33 of the Protection of Personal and Prop- erty Rights Act 1988 and— (i) (ii) the application empowers the trustee corporation to take part in the proceedings; and the proceedings relate to property of the person that is property being managed by the trustee corporation under the application.
Compare: SR 2002/261 r 89(3) (pre-1 March 2014) Rule 90H: inserted, on 1 March 2014, by rule 7 of the Family Courts Amendment Rules 2014 (LI 2014/3).
67 Part 3 r 91 Family Court Rules 2002 Reprinted as at 14 July 2017 91 Managers under Protection of Personal and Property Rights Act 1988 (1) A manager who is empowered to do so by a property order made under section 31 of the Protection of Personal and Property Rights Act 1988, or an applica- tion made under section 32 or section 33 of that Act, may take part in proceed- ings relating to property of a party that is property subject to the order or appli- cation, but, before doing so, the manager must file in the court a copy of the order or application unless rule 92 applies.
(2) (3) If the order or application does not empower the manager to take part in pro- ceedings relating to property of a party that is property subject to the order or application, the party may take part in the proceedings of that kind in his or her own name unless a person is appointed as the party’s representative under rule 90D or 90F.
If a party to proceedings relating to property has a representative appointed under rule 90D or 90F but becomes the subject of a property order under sec- tion 31 of the Protection of Personal and Property Rights Act 1988 relating to the property, or an application made under section 32 or section 33 of that Act relating to the property, and the manager is empowered by the order or applica- tion to take part in the proceedings for the party,— (a) (b) the party’s manager must take part in the proceedings; and the representative’s appointment is terminated.
(4) This rule is subject to section 223 of the Child Support Act 1991.

Compare: SR 1992/109 rr 91, 96(2) Rule 91(2): amended, on 1 March 2014, by rule 8 of the Family Courts Amendment Rules 2014 (LI 2014/3).

Rule 91(3): amended, on 1 March 2014, by rule 8 of the Family Courts Amendment Rules 2014 (LI 2014/3).
92 Family Courts appointing guardians ad litem or managers for proceedings in District Courts If, for the purpose of particular proceedings in a District Court, a Family Court makes an order under section 10(1)(i) of the Protection of Personal and Proper- ty Rights Act 1988 appointing a guardian ad litem to, or a manager for, a per- son,— (a) (b) the Registrar of the Family Court must send a copy of that order to the Registrar of the District Court in which the proceedings are to be, or have been, commenced; and the guardian ad litem or manager need not comply with the duty under rule 90G or rule 91(1) to file a copy of the order.
Compare: SR 1992/109 r 94(3) Rule 92: amended, on 7 August 2008, by rule 10 of the Family Courts Amendment Rules 2008 (SR 2008/207).

Rule 92(b): amended, on 1 March 2014, by rule 9 of the Family Courts Amendment Rules 2014 (LI 2014/3).
68 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 3 r 95 93 Representatives and managers may sign documents and swear affidavits on behalf of party (1) A document or affidavit intended for use in proceedings and required to be signed or sworn by a party may be signed or sworn by the party’s representa- tive or manager unless the court or a Registrar directs otherwise.
(2) An affidavit of a party who is 16 years old or older and not an incapacitated person must be made by the party and not by the party’s representative.

(3) Subclause (2) overrides subclause (1).

Compare: SR 1992/109 r 100 Rule 93(2): amended, on 7 August 2008, by rule 11 of the Family Courts Amendment Rules 2008 (SR 2008/207).
94 Representative capacity If an application is made by an applicant in a representative capacity, the appli- cation must include a statement that specifies the representative capacity in which the applicant is acting.
95 (1) (2) Compare: SR 1992/109 r 125 Responsibility of representative for costs Except as provided in subclauses (2) and (3), a representative is responsible for— (a) (b) costs awarded against the party he or she represents; and costs (including solicitor and client costs) paid or incurred by the repre- sentative while acting as a representative.
The court or the Registrar may, on the appointment of a representative under rule 90C or 90D or section 12 of the Domestic Violence Act 1995, order that the representative not be responsible for any costs awarded against the party he or she represents.
(3) A representative may, by an interlocutory application, apply to the court for an order that the representative— (a) (b) not be responsible for any costs awarded against the party he or she rep- resents; or recover costs paid or incurred by him or her while acting as a representa- tive (including solicitor and client costs),— (i) if the party is an incapacitated person, from the party’s property; or (ii) if the party is a minor, from the party’s estate.
(4) In proceedings to decide whether an order under subclause (3) should be made, the party may be represented by— (a) a lawyer appointed by the court; or 69 Part 3 r 96 Family Court Rules 2002 Reprinted as at 14 July 2017 (b) in the case of a person for whom a manager has been appointed, a man- ager.

Compare: SR 1992/109 rr 84(2)(b), 85(3), 86, 94(5), 97 Rule 95(2): amended, on 1 March 2014, by rule 10 of the Family Courts Amendment Rules 2014 (LI 2014/3).
Rule 95(3)(b)(i): amended, on 7 August 2008, by rule 12(1) of the Family Courts Amendment Rules 2008 (SR 2008/207).

Rule 95(4)(b): amended, on 7 August 2008, by rule 12(2) of the Family Courts Amendment Rules 2008 (SR 2008/207).
96 Responsibility of manager for costs (1) A manager who in his or her capacity as the manager of the whole, or part of, a party’s property has represented the party— (a) is not personally responsible for costs awarded against the party; and (b) may recover, from the party’s property, costs (including solicitor and cli- ent costs) paid or incurred by him or her while acting as a manager.
(2) Subclause (1)(b) does not apply when a manager has acted in bad faith or with- out reasonable care in taking part in the proceedings for which the costs have been awarded or incurred.

Compare: SR 1992/109 r 92 97 Retirement, removal, or death of representative (1) A representative may retire only with the leave of the court.
(2) A representative who retires must, if an opposite party requires, give security for some or all of the costs incurred by the party represented by the representa- tive unless the court orders otherwise.

(3) A court that considers it appropriate to do so may order that a person be re- moved as a party’s representative.
(4) A court that makes an order under subclause (3) may also order that the repre- sentative give to the party represented by the representative, or to an opposite party, security for some or all of the costs already incurred in the proceedings.
If a party’s representative in proceedings dies, retires, or is removed, and rule 98 does not apply to the party, no further steps may be taken in the proceedings until another person has been appointed as— (a) (b) the party’s representative in the proceedings; or a manager.

In the case of a person appointed as a representative under section 12 of the Domestic Violence Act 1995, subclause (5) is subject to section 12(5) of that Act.
Compare: SR 1992/109 rr 87, 98 Rule 97(5)(a): amended, on 1 March 2014, by rule 11 of the Family Courts Amendment Rules 2014 (LI 2014/3).
(5) (6) 70 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 3 r 99 98 When further steps to be taken by party and not by representative or manager (1) This rule applies to the following parties for whom a representative or manager has been appointed or is acting: (a) (b) (c) (d) (e) a person who was a minor but who has turned 18 years of age: a minor taking part in proceedings under the Domestic Violence Act 1995 if the minor marries or enters into a civil union or turns 17 years of age: a person for whom a representative is appointed under rule 90D or sec- tion 12 of the Domestic Violence Act 1995 if the person ceases to be a person to whom section 11 or section 12 of that Act applies: a person who has been an incapacitated person if the person is no longer incapacitated: a person who, under the Protection of Personal and Property Rights Act 1988, has a manager empowered to take part in the proceedings for the person if, under section 34 of that Act,— (i) (ii) the person ceases to be subject to a property order; or the manager ceases to have power to take part in the proceedings for the person.
(2) If this rule applies to a party,— (a) (b) any further steps in the proceedings must be taken by the party and not by the party’s representative or manager; and the party becomes responsible for all the costs associated with the pro- ceedings (including solicitor and client costs) as if the party had been re- sponsible for the costs when the proceedings began.
(3) In the case of a person of the kind specified in subclause (1)(c), subclause (2)(a) is subject to section 12(5) of the Domestic Violence Act 1995.

Compare: SR 1992/109 rr 89, 93, 99 Rule 98(1)(a): amended, on 1 July 2014, by rule 10 of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).

Rule 98(1)(b): amended, on 26 April 2005, by section 8(2) of the Relationships (Statutory Referen- ces) Act 2005 (2005 No 3).
Rule 98(1)(c): amended, on 1 March 2014, by rule 12 of the Family Courts Amendment Rules 2014 (LI 2014/3).

Rule 98(1)(d): replaced, on 7 August 2008, by rule 13 of the Family Courts Amendment Rules 2008 (SR 2008/207).
Notices 99 Notices (1) Notices required by a family law Act or by these rules to be given or served must be in writing unless— 71 Part 3 r 100 Family Court Rules 2002 Reprinted as at 14 July 2017 (a) (b) the Act or these rules provide otherwise; or the court in a particular case directs otherwise.
(2) If an application is made for an order or direction relative to the service of an application on a respondent, the court or Judge or Registrar hearing the appli- cation for the order or direction— (a) may require any further information or matter to be stated in the notice to the respondent; and (b) may impose any conditions that seem proper to the court or Judge or Registrar in the circumstances of the particular case.
Compare: SR 1981/261 r 12; SR 1992/58 r 10 100 Notices to be given by Registrar Unless an Act or another of these rules requires otherwise, a Registrar who is required to give a person (whether or not a party) a notice may give it,— (a) (b) if a lawyer is acting for that person, by sending it by ordinary post ad- dressed to the lawyer at the lawyer’s address for service (if given) or place of business: if there is no lawyer acting for the person, by sending it by ordinary post addressed to that person at that person’s address for service (if given) or the person’s last known or usual residential or business address in New Zealand: (c) in any other manner the court directs.
Compare: SR 1992/109 r 217 Service: Documents to be served 101 Documents to be served (1) If no other person is required to do so by an Act or these rules, the Registrar must serve, or cause to be served, without delay, the following documents: (a) (b) (c) (d) (e) (f) the documents issued for service under rule 32(2)(c) or Part 5A: any summons issued under a family law Act or these rules: any order or declaration or direction given or made under a family law Act or these rules (for example, an order made on an interlocutory appli- cation) (see rule 206): any judgment (as defined in rule 196) given under a family law Act or these rules: any notice required to be served under a family law Act or these rules: any other document required to be served under a family law Act or these rules, or that the Judge directs must be served.
72 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 3 r 102 (2) The Registrar may serve, or cause to be served, any other document he or she considers should be served.

(3) However, the Registrar is not obliged by subclause (1)(a) to serve or cause to be served any documents issued for service under rule 32(2)(c) in relation to an application under Part 4 of the Family Proceedings Act 1980.
Compare: SR 1981/261 r 39 Rule 101(1)(a): amended, on 31 March 2014, by rule 24 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

Service: How documents to be served 102 How documents to be served (1) A document required by a family law Act or these rules to be served on a per- son in a particular manner must be served on the person in that manner, regard- less of rules 105 to 125.
(2) A document not required by a family law Act or these rules to be served on a person in a particular manner may be served on the person— (a) (b) (c) (ca) (d) (e) (f) by personal service on the person (see rules 105 to 113); or by service on a lawyer on behalf of the person (see rule 114); or by service at the person’s address for service (see rules 115 to 121); or if a defendant has been served in Australia under section 13 of the Trans- Tasman Proceedings Act 2010 with an initiating document for the pro- ceeding, by posting the document to an address for service of the person to be served; or by service on the person in the manner specified in an agreement (see rule 122); or if a representative or manager has been appointed or is acting for the per- son, by service on the person’s representative or manager (see rule 123); or if the person to be served is an incapacitated person, by service in the manner directed by the court or a Registrar (see rule 124); or (g) by service in a manner and at a place the court or Registrar directs.
(3) If all reasonable efforts have been made to serve documents in a manner re- quired or (as the case requires) a manner permitted by these rules, but the docu- ments have not been served in that manner, in certain circumstances the court or a Registrar may, under rule 126, make an order for substituted service (that is, an order dispensing with, or changing, the service required by these rules).
Compare: SR 1992/109 rr 214(1)(a)–(c), (2), 237 Rule 102(2)(ca): inserted, on 11 October 2013, by rule 8 of the Family Courts (Trans-Tasman Pro- ceedings Act 2010) Amendment Rules 2013 (SR 2013/347).

Rule 102(2)(f): amended, on 7 August 2008, by rule 14 of the Family Courts Amendment Rules 2008 (SR 2008/207).
73 Part 3 r 103 Family Court Rules 2002 Reprinted as at 14 July 2017 103 Service of copies Service of a true copy of a document is taken to be service of the document unless a family law Act or any of these rules expressly requires an original document to be served.
Compare: SR 1992/109 r 215 Service: On days that are not working days 104 Certain documents must not be served on certain non-working days A document must not be served on a Sunday, Christmas Day, New Year’s Day, Good Friday, or Anzac Day unless— (a) (b) (c) (d) (e) it is a witness summons; or it is an interlocutory injunction; or it is an interim order; or it is a protection order under the Domestic Violence Act 1995; or it is an order or warrant to prevent the removal of a child or young per- son from New Zealand (for example, an order made or issued— (i) (ii) under section 205 of the Oranga Tamariki Act 1989; or under section 77, or under sections 77 and 118, of the Care of Children Act 2004); or (f) service of it is authorised under rule 419(4) (sittings when court office closed).
Compare: SR 1992/109 r 234 Rule 104(e)(i): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Rule 104(e)(ii): replaced, on 1 July 2005, by rule 13 of the Family Courts Amendment Rules 2005 (SR 2005/101).
Service: Personal service 105 Certain documents to be served by personal service (1) The following must be served by personal service on the person to be served: (a) an application under any of the following family law Acts: (i) (ii) Domestic Violence Act 1995: Family Proceedings Act 1980: (iii) Care of Children Act 2004: (b) a summons issued under any of these rules or a family law Act referred to in paragraph (a).
This rule does not limit any requirement in any other of these rules or a family law Act that a document be served by personal service on the person to be served.

(2) 74 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 3 r 107 Rule 105(1)(a)(iii): replaced, on 1 July 2005, by rule 14 of the Family Courts Amendment Rules 2005 (SR 2005/101).
106 Who may carry out personal service (1) A document that must be served personally may be served by— (a) (b) (c) (d) (e) (f) a Registrar or a bailiff: a constable, if no bailiff is available or if the court or Registrar directs: a party’s lawyer or an agent of a party’s lawyer: a party’s agent, delegate for the purpose, or employee: the Commissioner of Inland Revenue or some other person authorised by that Commissioner, if that Commissioner is a party: a social worker, if the proceedings are under the Oranga Tamariki Act 1989 and the document relates to those proceedings.
(2) (3) (4) Except where service is effected by a person referred to in subclause (1)(e) or (f), no party or representative of a party may effect personal service, but the party or representative may be present when the service is effected.

In proceedings under the Protection of Personal and Property Rights Act 1988, personal service by a lawyer employed by a trustee corporation which is a party to the proceedings is not, for the purposes of subclause (2), to be regarded as personal service by that party.
If a social worker or the chief executive (as defined in subclause (5)) is a party to the proceedings, personal service by an employee of the department (as so defined) is not, for the purposes of subclause (2), to be regarded as personal service by the social worker or the chief executive.
(5) In this subclause and subclause (4),— chief executive means the chief executive of the department department means the department that is, with the authority of the Prime Min- ister, for the time being responsible for the administration of the Oranga Tamar- iki Act 1989.

Compare: SR 1996/148 r 51 Rule 106(1)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Rule 106(1)(f): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Rule 106(5) department: amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
107 Personal service (1) 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 that person’s attention.
75 Part 3 r 108 Family Court Rules 2002 Reprinted as at 14 July 2017 (2) (3) In proceedings under the Oranga Tamariki Act 1989, personal service of a document may also be effected by leaving it for the person to be served at that person’s place of residence with any person— (a) who is normally resident with the person to be served at that place; and (b) who appears to be over the age of 18 years.
Personal service of a document on a person on whose behalf proceedings have been brought by a representative by virtue of section 11 of the Domestic Vio- lence Act 1995 must be effected by serving the document, in accordance with these rules,— (a) (b) on that person’s representative appointed under rule 90D; 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.
(4) Personal service on a person in relation to whom a representative is appointed under section 12 of the Domestic Violence Act 1995 must be effected by serv- ing the document, in accordance with these rules, on the representative.

(5) Nothing in subclause (3) or subclause (4) limits rule 123.
Compare: SR 1989/295 r 37(1)(b); SR 1992/109 r 219; SR 1996/148 rr 56, 57 Rule 107(2): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Rule 107(3)(a): amended, on 1 March 2014, by rule 13 of the Family Courts Amendment Rules 2014 (LI 2014/3).
108 Personal service on spouse or partner (1) If a person and his or her spouse, civil union partner, or de facto partner are both parties to proceedings, personal service on the person is not personal ser- vice on the person’s spouse, civil union partner, or de facto partner unless the court so orders on its own initiative or on an interlocutory application for the purpose.
(2) [Revoked] Compare: SR 1992/109 r 231 Rule 108 heading: amended, on 26 April 2005, by section 8(2) of the Relationships (Statutory Refer- ences) Act 2005 (2005 No 3).

Rule 108(1): amended, on 26 April 2005, by section 8(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Rule 108(2): revoked, on 26 April 2005, by section 8(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).
109 Personal service if person to be served on ship If the person to be served is living or serving on board any vessel (including a vessel belonging to any of Her Majesty’s Naval Forces), personal service must be effected by delivering the document to be served to the person on board who, at the time of service, is apparently in charge of the vessel.
Compare: SR 1992/109 r 220 76 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 3 r 113 110 Personal service on serving member of armed forces If the person to be served is in any barracks, camp, or station while serving as a member of any of Her Majesty’s Armed Forces, personal service must be effec- ted by delivering the document to be served at the barracks, camp, or station to the Adjutant or to the officer for the time being in command of the unit or de- tachment to which the person belongs.
Compare: SR 1992/109 r 221 111 Personal service on prisoner If the person to be served is a prisoner, personal service must be effected by delivering the document to be served to the manager or other officer apparently in charge of the prison in which the person is detained.

Compare: SR 1992/109 r 222 Rule 111: replaced, on 1 July 2005, by rule 15 of the Family Courts Amendment Rules 2005 (SR 2005/101).
112 Personal service on minors (1) Personal service on a minor who is not authorised by section 50 of the District Courts Act 1947 (as applied by section 16 of the Family Courts Act 1980) to commence or defend any proceedings may be effected by service in accordance with rule 107(1)— (a) (b) on the minor’s representative appointed under these rules; or if no representative has been appointed under these rules, on any adult person with whom the minor resides and under whose care the minor is.
(2) If a minor is or has been married or in a civil union and is not an incapacitated person, service effected in accordance with rule 107(1) on the minor is suffi- cient service.

Compare: SR 1992/109 r 228 Rule 112(2): amended, on 7 August 2008, by rule 15 of the Family Courts Amendment Rules 2008 (SR 2008/207).

Rule 112(2): amended, on 26 April 2005, by section 8(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).
113 Personal service: District Courts Rules 2014 apply The following DCRs apply, so far as applicable and with all necessary modifi- cations, to proceedings in a court: (a) (b) (c) (d) (e) 6.12—personal service on New Zealand corporations: 6.13—personal service in New Zealand on foreign corporations: 6.14—personal service on Australian corporations, partnerships and at- torneys: 6.15—personal service in Australia on foreign corporations: 6.16—personal service on unincorporated societies: 77 Part 3 r 114 Family Court Rules 2002 Reprinted as at 14 July 2017 (f) (g) 6.17—personal service on partnership or apparent partnership: 6.18—personal service on attorney or agent of absentee.
Rule 113: replaced, on 1 July 2014, by rule 11 of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).

Service: Lawyer may accept service on behalf of person 114 (1) Service on lawyer on behalf of person Service of a document on a person may be effected by service of it on a lawyer who accepts service of it on behalf of the person.
(2) A lawyer accepts service of a document if the lawyer— (a) notes on a copy of the document that he or she accepts service of it on behalf of the person; and (b) signs the note.

(3) If a lawyer accepts service of a document on behalf of a person, the document must, unless the contrary is proved, be treated as served on the date the lawyer signed the note.
Compare: SR 1992/109 r 236 Service: At address for service 115 Service at address for service A document may be served at an address for service by leaving the document at that address between 9 am and 5 pm.
Compare: SR 1992/109 r 232 116 Address for service on party or other person (1) A party’s address for service is,— (a) (b) (c) (d) (e) (f) if the party is the applicant, the address of the party stated on the front page required by rule 72; or if the party is not the applicant, the address given by the party under rule 39(2); or the address that the party has changed to under rule 117 (change of ad- dress for service); or the address of the party’s lawyer, if that address is given by the party as the party’s address for service under rule 118 (service by post, document exchange, or fax if address for service is lawyer’s office); or the address referred to in rule 121 (address for service if lawyer no longer acting for party), if that rule applies to the party; or the address given by the party under rule 122 (service under agreement); or 78 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 3 r 119 (g) the address that a Judge or Registrar directs is the party’s address for ser- vice under subclause (2).
(2) If a party has no address for service, the Judge or Registrar may direct that a particular address is the party’s address for service.

(3) Any other person who is given or served with a document in the proceedings must give an address for service, in accordance with rule 82, on any front page required by rule 72 to be with the first document filed by, or on behalf of, the person in the proceedings.
Rule 116(1)(a): replaced, on 31 March 2014, by rule 25 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

117 Change of address for service (1) A party may change that party’s address for service by— (a) (b) filing a notice of the change showing the new address for service; and serving a copy of the notice on every other party.

(2) A change of address for service may be combined with a notice under rule 87(1).
A notice of change of address for service need not be filed under sub- clause (1)(a) if an affidavit is filed under rule 87(4).

(3) Form G 3 may be used for giving a notice under this rule.
Compare: SR 1992/109 r 44(5)–(7) Service: If address for service is lawyer’s office 118 Methods of service if address for service is lawyer’s office If an address for service given by a party under these rules is the office of a lawyer acting for the party, and the lawyer has a post office box number, docu- ment exchange box number, fax number, or email address, a document may be served on the party by— (a) (b) (c) (d) posting the document to the post office box; or leaving the document at a document exchange for direction to the docu- ment exchange box number; or transmitting the document to the fax number; or transmitting the document to the email address.
Rule 118: replaced, on 17 November 2011, by rule 5 of the Family Courts Amendment Rules 2011 (SR 2011/349).

119 When and how documents under rule 118 to be treated as served (1) A document posted under rule 118(a) must, unless the contrary is proved, be treated as having been served on the earlier of— (a) (b) the day on which it was received; and the fifth working day after the day on which it was posted.
79 Part 3 r 120 Family Court Rules 2002 Reprinted as at 14 July 2017 (2) A document left at a document exchange under rule 118(b) must, unless the contrary is proved, be treated as having been served on the earlier of— (a) (b) the day on which it was received; and the second working day after the day on which it was left.
(3) A document transmitted under rule 118(c) or (d)— (a) (b) before 5 pm on a day must be treated as having been served on that day unless the contrary is proved: on or after 5 pm on a day must be treated as having been served on the first working day after the day on which it was received unless the con- trary is proved.
(3A) Despite subclause (3), when a document is, under rule 118(c) or (d), transmit- ted electronically to the fax number or email address of a solicitor in a State or Territory of Australia at a time later than 5 pm in that State or Territory, it is to be treated as having been served on the first subsequent working day.
(4) A document transmitted under rule 118(c) or (d) must be treated as having been received in a complete and legible form unless— (a) (b) the contrary is proved; or the lawyer receiving the document gave in relation to the document the notice required by rule 120(1)(b).

Compare: SR 1992/109 r 233(1)–(3) Rule 119(3): amended, on 17 November 2011, by rule 6(1) of the Family Courts Amendment Rules 2011 (SR 2011/349).
Rule 119(3A): inserted, on 11 October 2013, by rule 10 of the Family Courts (Trans-Tasman Pro- ceedings Act 2010) Amendment Rules 2013 (SR 2013/347).

Rule 119(4): amended, on 17 November 2011, by rule 6(2) of the Family Courts Amendment Rules 2011 (SR 2011/349).

Rule 119(4)(b): amended, on 1 March 2014, by rule 14 of the Family Courts Amendment Rules 2014 (LI 2014/3).
120 Lawyer must acknowledge document faxed or emailed (1) A lawyer to whom a document is transmitted under rule 118(c) or (d) must, promptly after receiving the document, give the person who served the docu- ment— (a) (b) a notice acknowledging receipt of the document and confirming the date of service of the document; or if the document was incomplete or illegible or both when it was re- ceived, a notice stating that the document was incomplete or illegible or both when it was received.
(2) A notice under subclause (1) may be— (a) (b) given in writing; or transmitted by fax or email.

80 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 3 r 121A Rule 120: replaced, on 17 November 2011, by rule 7 of the Family Courts Amendment Rules 2011 (SR 2011/349).
121 Address for service if lawyer no longer acting for party (1) This rule applies to a party if the lawyer who acted for the party has obtained a declaration under rule 88 that has taken effect and the party has neither— (a) (b) engaged a new lawyer; nor decided to proceed without a lawyer.

(2) (3) The party’s address for service is the last known address of the party or, if the party is a body corporate, its registered or principal office.
Subclause (2) does not apply in respect of a document that must be served per- sonally on the party.

Compare: SR 1992/109 r 44B Service: by post in trans-Tasman proceedings Heading: inserted, on 11 October 2013, by rule 11 of the Family Courts (Trans-Tasman Proceedings Act 2010) Amendment Rules 2013 (SR 2013/347).
121A When and how documents under rule 102(2)(ca) to be treated as served (1) Subclauses (2) to (5) apply to a document to be served in a proceeding if— (a) the proceeding is one an initiating document for which is to be or has been served on a defendant in Australia under section 13 of the Trans- Tasman Proceedings Act 2010; and (b) the document is one to be served— (i) (ii) by a party in New Zealand and on a party in Australia; or by a party in Australia and on a party in New Zealand.
(2) When a document is served in accordance with rule 102(2)(ca) or 118(a) or (b), it is to be treated as served on the earlier of— (a) the sixth working day after the day on which it was posted or left at a document exchange; and (b) the day on which it was received.

(3) Subclause (4) applies to a document that is— (a) (b) a document in response to a requirement of or under these rules; and served in accordance with rule 102(2)(ca) or 118(a) or (b).
(4) The party serving the document is entitled to an extra 5 working days within which to comply with that requirement.

(5) Despite subclause (3), subclause (4) does not apply when a rule requires a document to be served a prescribed number of days before a hearing or other specified event.
81 Part 3 r 122 Family Court Rules 2002 Reprinted as at 14 July 2017 (6) This rule does not limit or affect rule 119(3A) (which relates to when a docu- ment is transmitted electronically to the fax number or email address of a so- licitor in a State or Territory of Australia under rule 118(c) or (d)).
Compare: 1908 No 89 Schedule 2 r 6.6(6)–(11); SR 2009/257 r 3.44.7 Rule 121A: inserted, on 11 October 2013, by rule 11 of the Family Courts (Trans-Tasman Proceed- ings Act 2010) Amendment Rules 2013 (SR 2013/347).
Service: In manner specified in agreement 122 Service under agreement (1) Before or after the commencement of the proceedings, a party may agree in writing with 1 or more persons required or permitted to serve a document in the proceedings on the party that the document may be served on the party (or on some other person on the party’s behalf) in a manner or at a place (whether or not in New Zealand) specified in the agreement in writing.
(2) Service in accordance with the agreement is sufficient service on the party.

Compare: SR 1992/109 r 237 Service: On representatives, managers, and incapacitated persons Heading: amended, on 7 August 2008, by rule 16 of the Family Courts Amendment Rules 2008 (SR 2008/207).
123 Service on representative or manager (1) Service on a party’s representative or manager in the manner required or (as the case requires) in a manner permitted by a family law Act or any of these rules is deemed to be service on the party.

(2) In this rule, representative includes— (a) (b) a person appointed by the court to represent any person or persons or any class of persons; and a person who, under these rules, sues or defends on behalf of himself or herself and any other person or persons.
Compare: SR 1992/109 r 235 124 Directions about service on incapacitated persons (1) On an interlocutory application for the purpose, the court may give directions about service of 1 or more documents on an incapacitated person.

(2) No direction under subclause (1) may override— (a) (b) section 223(1) of the Child Support Act 1991: section 156(1) of the Family Proceedings Act 1980.

Rule 124: replaced, on 7 August 2008, by rule 17 of the Family Courts Amendment Rules 2008 (SR 2008/207).
82 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 3 r 126 125 Service on party not invalid just because person incapable of taking part in proceedings (1) Service of an application on a party is not invalid just because the party is a person who, under rule 90, 90E, or 90H, may take part in proceedings only through a representative or manager.
(2) However, no further step may be taken in the proceedings until a representative or manager has been appointed for the person or another order as to the repre- sentation of the person has been made.

Compare: SR 1992/109 rr 88, 95 Rule 125(1): amended, on 1 March 2014, by rule 15 of the Family Courts Amendment Rules 2014 (LI 2014/3).
Service: Substituted service 126 Order dispensing with or changing service required (1) A person may, by an interlocutory application, apply for an order for substitu- ted service if— (a) (b) (c) all reasonable efforts have been made to serve a document in a manner required or (as the case requires) in a manner permitted by these rules; and the document has not been served in that manner; and either— (i) (ii) prompt service of the document cannot be effected; or the document has come to the knowledge of the person to be served.
(2) In response to the application, the Judge may, if satisfied of the matters speci- fied in subclause (1)(a) to (c), make an order in form G 9 for substituted service either— (a) (b) dispensing altogether with the service required; or changing in any way the service required (for example, an order permit- ting the document to be brought to the attention of the person to be served by advertisement (for example, in form G 10) or by some other means).
(3) (4) In response to the application, the Registrar may, if satisfied of the matters spe- cified in subclause (1)(a) to (c), make an order of the kind described in sub- clause (2)(b).

If an order for substituted service does not dispense altogether with the service required, compliance with the requirements of the order— (a) must be treated as having had the same effect as personal service; and (b) is sufficient compliance with the service required by these rules.
Compare: SR 1992/109 r 239 83 Part 3 r 127 Family Court Rules 2002 Reprinted as at 14 July 2017 Service: Proof of service 127 Proof of personal service (1) Proof that a document has been served personally on a person may be given— (a) (b) by oral evidence given on oath before the court; or by an affidavit of service in form G 8.
(2) If the person on whom the document was served is personally known to the person who makes the affidavit of service, that affidavit must set out the cir- cumstances that enable the deponent to state the deponent’s personal know- ledge of the person served.
(3) If the person served is not personally known to the person who makes the affi- davit of service, the identity of the person served— (a) may not be proved by a mere acknowledgment by the person served; but (b) may be proved— (i) (ii) (iii) by written acknowledgment proved to be in the handwriting of the person served; or by a satisfactory photograph; or by any other means to the satisfaction of the court.
(4) If a document is served by a Registrar, bailiff, constable, or social worker, the service may be proved— (a) by stating that the document has been served as well as the date and mode of service— (i) (ii) in an endorsement on the original document, or on a copy of it, signed by the person who served the document; or in a certificate attached to the original document, or on a copy of it, signed by the person who served the document; or (b) in either of the ways referred to in subclause (1).
(5) If the document being served is a temporary protection order or a final protec- tion order under the Domestic Violence Act 1995, and service is being proved in the manner specified in subclause (1)(b) or subclause (4)(a), the affidavit of service or (as the case requires) endorsement or certificate must also state the time that service took place.
Compare: SR 1981/261 r 44(2), (3); SR 1992/109 r 218(1) Rule 127(4): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
128 Proof of substituted service effected by advertisement Proof that a document has been served (by substituted service) through pub- lishing an advertisement in 1 or more newspapers may be given by an affidavit in form G 11 that— 84 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 3 r 130 (a) (b) sets out the name of each newspaper in which the advertisement was published, and the respective dates of publication; and has attached to it, as exhibits, extracts taken from the 1 or more news- papers that include the advertisement.
129 Attaching copy of document to affidavit of service or certificate of service (1) An affidavit of service of a document need not have a copy of the document attached to it as an exhibit if— (a) the original or a copy of the document has, at the time of service, been filed in the court; and (b) the affidavit contains a description of the document that— (i) (ii) enables the document to be identified; and if the document is dated, includes the date of the document.
(1A) Despite rule 127(4)(a)(ii), a certificate of service under that rule need not have a copy of the document attached to it if— (a) the original or a copy of the document has, at the time of service, been filed in the court; and (b) the certificate of service contains a description of the document that— (i) (ii) enables the document to be identified; and if the document is dated, includes the date of the document.
(2) The court may direct a party to attach a copy of a document to an affidavit of service or certificate of service.

(3) A direction under subclause (2) overrides subclause (1).

Compare: SR 1992/109 r 218(2) Rule 129 heading: amended, on 7 August 2008, by rule 18(1) of the Family Courts Amendment Rules 2008 (SR 2008/207).

Rule 129(1A): inserted, on 7 August 2008, by rule 18(2) of the Family Courts Amendment Rules 2008 (SR 2008/207).
Rule 129(2): amended, on 7 August 2008, by rule 18(3) of the Family Courts Amendment Rules 2008 (SR 2008/207).

Service: On party out of New Zealand 130 Service on absentee: District Courts Rules 2014 apply (1) The DCRs set out in subclause (2) apply, so far as applicable and with all necessary modifications, to proceedings in a court under any of the Acts speci- fied in subclause (4).
(2) The DCRs referred to in subclause (1) are— (a) (b) 6.23—when (service out of New Zealand) allowed without leave: 6.24—when (service out of New Zealand) allowed with leave: 85 Part 3 r 131 Family Court Rules 2002 Reprinted as at 14 July 2017 (c) (d) (e) 6.25—court’s discretion whether to assume jurisdiction: 6.27—notice to defendant served outside New Zealand: 6.32—subpart does not apply to service in Australia of documents for or in certain Trans-Tasman proceedings.
(3) Without limiting subclause (1), the necessary modifications to DCR 6.25 in- clude that the references in it to DCR 5.51 are to be read as references to rule 43 of these rules (see, in particular, rule 43(8) and (9)).
(4) The Acts referred to in subclause (1) are the— (a) (b) (c) Adoption Act 1955: Births, Deaths, Marriages, and Relationships Registration Act 1995: Child Support Act 1991: (d) Oranga Tamariki Act 1989: (e) (f) (g) (h) Domestic Actions Act 1975: Domestic Violence Act 1995: Family Protection Act 1955: Law Reform (Testamentary Promises) Act 1949: (i) Marriage Act 1955: (j) (k) Property (Relationships) Act 1976: Protection of Personal and Property Rights Act 1988.
(5) DCR 6.30 (relating to service in convention countries) applies, so far as applic- able and with all necessary modifications, to proceedings in a court under any of the following Acts: (a) (b) (c) Care of Children Act 2004: Family Proceedings Act 1980: those Acts listed in subclause (4)(a), (b), and (d) to (j).

Rule 130: replaced, on 1 July 2014, by rule 12 of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).
Rule 130(4)(d): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Use of Māori language, translations, and sign language Heading: replaced, on 1 November 2009, by rule 11 of the Family Courts Amendment Rules (No 2) 2009 (SR 2009/292).
131 Māori and other languages: District Courts Rules 2014 apply The following DCRs apply, so far as applicable and with all necessary modifi- cations, to proceedings in a court: 1.15—speaking in Māori: 1.16—translation of documents into te reo Māori: (a) (b) 86 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 3 r 132 (c) (d) (e) 1.17—failure to give notice: 1.18—translation may be ordered by court: 1.20—sign language.
Rule 131: replaced, on 1 July 2014, by rule 13 of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).

Changing times by which rules or orders require things to be done 132 Changing times by which things to be done (1) This rule applies only to a time fixed by these rules, or fixed by an order, for— (a) (b) (c) (d) taking a step in the proceedings; or filing a document; or giving or serving a notice; or the doing of an act.
(2) An order reducing the time may be made by— (a) a Judge on such terms and conditions (if any) the Judge thinks fit if— (i) each person or party affected consents; or (ii) whether or not an interlocutory application for the purpose is filed, the Judge considers it appropriate in the circumstances to avoid undue hardship or a risk of harm to any person; or (b) a Registrar on such terms and conditions (if any) the Registrar thinks fit if— (i) (ii) each person or party affected consents; or an interlocutory application for the purpose is filed and the Regis- trar considers it appropriate in the circumstances to avoid undue hardship or a risk of harm to any person.
(3) An order extending the time may be made before or after the time has expired by— (a) a Judge on such terms and conditions (if any) the Judge thinks fit if— (i) each person or party affected consents; or (ii) whether or not an interlocutory application for the purpose is filed, the Judge is satisfied that it is in the interests of justice to make the order; or (b) a Registrar on such terms and conditions (if any) the Registrar thinks fit if— (i) (ii) each person or party affected consents; or an interlocutory application for the purpose is filed and the Regis- trar is satisfied that it is in the interests of justice to make the order.
87 Part 3 r 133 Family Court Rules 2002 Reprinted as at 14 July 2017 (4) An order varying an order made under subclause (2) or (3) may be made by a Judge or Registrar on such terms and conditions (if any) the Judge or Registrar thinks fit if— (a) (b) each person or party affected consents; or an interlocutory application for the purpose is filed (whether before or after the time has expired) and the Judge or Registrar considers it appro- priate in the circumstances.
(5) An interlocutory application filed under this rule may be made without notice.

(6) This rule is subject to every Act and any other of these rules.

Compare: SR 1992/109 r 6; SR 1996/148 r 66 Rule 132(2): replaced, on 22 November 2010, by rule 4 of the Family Courts Amendment Rules (No 3) 2010 (SR 2010/368).

Rule 132(3): replaced, on 22 November 2010, by rule 4 of the Family Courts Amendment Rules (No 3) 2010 (SR 2010/368).
Rule 132(4): replaced, on 22 November 2010, by rule 4 of the Family Courts Amendment Rules (No 3) 2010 (SR 2010/368).

Rule 132(5): replaced, on 22 November 2010, by rule 4 of the Family Courts Amendment Rules (No 3) 2010 (SR 2010/368).

Rule 132(6): replaced, on 22 November 2010, by rule 4 of the Family Courts Amendment Rules (No 3) 2010 (SR 2010/368).
Striking out and adding parties 133 Striking out and adding parties (1) The court may, on its own initiative or on an interlocutory application for the purpose, at any stage of the proceedings, and on any terms that the court con- siders just,— (a) (b) order that the name of a party improperly or mistakenly joined (whether as applicant or as respondent) be struck out: order that the name of a person who ought to have been joined, or whose presence before the court may be necessary to enable the court effectual- ly and completely to adjudicate on and settle all questions involved in the proceedings, be added, whether as applicant or as respondent.
(2) However, nothing in subclause (1)(b) authorises the addition of a person as ap- plicant without that person’s consent.
Compare: 1992/109 r 103 Change of parties by death, etc 134 Change of parties: District Courts Rules 2014 apply (1) The following DCRs apply, so far as applicable and with all necessary modifi- cations, to proceedings in a court: (a) 4.49—proceeding not to come to end: 88 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 3 r 136 (b) (c) (d) (e) (f) 4.50—procedure on death, bankruptcy, and devolution: 4.51—devolution when proceeding pending: 4.52—new parties order: 4.53—discharge or variation of new parties order: 4.54—change of name.
(2) DCR 4.49 applies subject to section 52 of the District Courts Act 1947.

Rule 134: replaced, on 1 July 2014, by rule 14 of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).
Consolidation of proceedings 135 When order may be made (1) Subclause (2) applies if 2 or more proceedings are pending and it appears to the court— (a) (b) that common questions of law or fact arise in both or all of them; or that the rights to relief claimed in both or all of them are in respect of, or arise out of,— (i) (ii) (iii) (iv) (v) (vi) the same event; or the same transaction; or the same event and the same transaction; or the same series of events; or the same series of transactions; or the same series or events and the same series of transactions; or (c) that for some other reason it is desirable to make an order under this rule.
(2) The court may order— (a) (b) (c) that both or all of the proceedings be consolidated, on any terms that it thinks just; or that both or all of the proceedings be heard at the same time or one after the other; or that any of the proceedings be stayed until the determination of any other of them.
Compare: SR 1992/109 r 384 136 Application of rule 135 (1) Rule 135 applies even though— (a) (b) the relief claimed in the proceedings is not the same; or some or all of the proceedings are brought under an Act that confers spe- cial jurisdiction on the court.
89 Part 3 r 137 Family Court Rules 2002 Reprinted as at 14 July 2017 (2) Rule 135 does not limit the following provisions, or any other enactments that empower the court to hear and determine an application or proceedings before it in conjunction with another application or other proceedings: (a) (b) section 158 of the Oranga Tamariki Act 1989: section 160(2) and (3) of the Family Proceedings Act 1980.
Compare: SR 1992/109 r 385 Rule 136(2)(a): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
Getting more information and admissions 137 Interrogatories: District Courts Rules 2014 apply The following DCRs apply, so far as applicable and with all necessary modifi- cations, to proceedings in a court: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) 8.12—orders that may be made: 8.34—interrogatories by notice: 8.35—duties of party served: 8.36—limitation of interrogatories by notice: 8.37—multiple parties: 8.38—order to answer: 8.39—contents of statement: 8.40—objection to answer: 8.41—who may swear affidavit verifying statement in answer to inter- rogatories: 8.42—insufficient answer: 8.43—incorrect answer to be amended: 8.44—answers as evidence.
Rule 137: replaced, on 1 July 2014, by rule 15 of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).

138 Notice to admit facts (1) A party who has made an application, or filed a notice of intention to appear or a notice of defence, may serve on another party to the proceedings a notice in form G 14 (notice to admit facts) requiring the party on whom the notice is served to admit the facts set out in the notice.
(2) An admission made in compliance with a notice under this rule— (a) may be amended or withdrawn at any time, if a court allows and on any terms the court thinks fit: 90 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 3 r 139 (b) must not be used against the party who made it in proceedings or an interlocutory application other than the proceedings or an interlocutory application for the purpose of which it was made.
(3) The cost of proving the facts required by the notice must, unless a court orders otherwise, be paid by the party on whom the notice was served if that party re- fuses or neglects to admit the facts set out in the notice— (a) within 7 working days after the date of service; or (b) within a longer time allowed for the purpose by the court.
Compare: SR 1992/109 r 313 139 Further particulars (1) A party who requires further particulars before the hearing may give notice to another party requiring that other party, within 10 working days after service of the notice, to file and serve further particulars.
(2) A notice given under subclause (1) may require only further particulars that are specified in the notice and that are sufficient to ensure that the court and the party giving the notice are fully and fairly informed of the matters relied on by the party given the notice.
(3) Whether or not a notice has been given under subclause (1), a Judge may, at any time, order a party to file and serve— (a) (b) (c) a statement of any particulars that may be necessary to ensure that the Judge hearing the proceedings and the parties to the proceedings are fully and fairly informed of the matters relied on by the party who is the subject of the order: if the proceedings include an application for maintenance under the Family Proceedings Act 1980, an affidavit in form FP 18 (affidavit of fi- nancial means and their sources): if the proceedings are under the Child Support Act 1991, an affidavit in form CS 28 (affidavit of financial means and their sources).
(4) If the applicant in the proceedings fails to comply with a notice given under subclause (1) or an order made under subclause (3), the court may order that the proceedings— (a) (b) be dismissed; or be stayed until the order is complied with.
(5) If the respondent in the proceedings fails to comply with a notice given under subclause (1) or an order made under subclause (3), the court may order— (a) that the respondent be deemed to have admitted the particulars in the ap- plication or notice of defence to which the order for further particulars applies; or 91 Part 3 r 140 Family Court Rules 2002 Reprinted as at 14 July 2017 (b) that the respondent is allowed to defend the proceedings only on any terms the court thinks fit.
Compare: SR 1992/58 r 38 Rule 139(5)(a): amended, on 27 May 2010, by rule 12 of the Family Courts Amendment Rules 2010 (SR 2010/97).
Discovery and inspection of documents 140 Order for discovery before proceedings commenced (1) Subclause (2) applies if— (a) (b) (c) a person (the intending applicant) is or may be entitled to claim in the court relief against another person (the intended respondent); and it is impossible or impracticable for the intending applicant to formulate the intending applicant’s application without reference to a document or class of documents; and there are grounds for a belief that the document or 1 or more documents of that class may be or may have been in the possession, custody, or power of a person (whether the intended respondent or not).
(2) If, on the application of the intending applicant made before any proceedings are brought, the court is satisfied of the matters stated in subclause (1)(a) to (c), it may order the person referred to in subclause (1)(c) to file and serve on the intending applicant an affidavit stating— (a) (b) whether that document or (as the case requires) a document of that class is or has been in his or her possession, custody, or power; and if it has been, but is no longer, in his or her possession, custody, or power, when he or she parted with it and what has become of it.
(3) An application under subclause (2) must be made by way of an interlocutory application made on notice— (a) (b) to the person from whom discovery is sought; and to the intended respondent.
Compare: 1992/109 r 321 141 Order for discovery after proceedings commenced (1) If a notice of defence or a notice of intention to appear has been filed, a party may apply to the court for an order for discovery of documents— (a) that are, or have been, in the possession of another party to the proceed- ings; and (b) that relate to a matter in question in the proceedings.
(2) An application under subclause (1) must be accompanied by an affidavit speci- fying— (a) the extent of the discovery required; and 92 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 3 r 142 (b) the reasons for the discovery.
(2A) On receipt of an application made in accordance with subclauses (1) and (2), the court may order the party referred to in subclause (1)(a) to file an affidavit stating— (a) (b) whether certain documents or classes of documents are or have been in that party’s possession, custody, or power; and if the party had the documents or classes of documents but has now par- ted with the documents or classes of documents, when the party did so and what became of the documents or classes of documents.
(3) An order for discovery— (a) must be in form G 15 (order for discovery of documents); and (b) must be served by the applicant on the party against whom the order is made.
(4) A party against whom an order for discovery is made must, within 10 working days after the service of the order or any further time the court may allow on an interlocutory application for the purpose,— (a) (b) file an affidavit of documents in form G 16 (affidavit of documents); and serve a copy of the affidavit of documents on every other party to the proceeding who has filed an address for service.
(5) If the proceedings are under the Child Support Act 1991, nothing in this rule limits the application of the secrecy provisions of that Act or the Tax Adminis- tration Act 1994.

Compare: SR 1992/58 r 39 Rule 141(2A): inserted, on 27 May 2010, by rule 6(1) of the Family Courts Amendment Rules 2010 (SR 2010/97).

Rule 141(3)(b): replaced, on 27 May 2010, by rule 6(2) of the Family Courts Amendment Rules 2010 (SR 2010/97).
Rule 141(4): amended, on 27 May 2010, by rule 6(3) of the Family Courts Amendment Rules 2010 (SR 2010/97).
142 Contents of affidavit of documents (1) Unless the court orders otherwise, an affidavit of documents must— (a) (b) (c) (d) be in form G 16 (affidavit of documents): list, in a convenient sequence, and as briefly as possible, all documents relating to the proceedings that are, or have been, in the possession, cus- tody, or power of the party or person making the affidavit: describe each document, or group of documents of the same nature, to enable the document or group to be identified: distinguish those documents that are in the possession, custody, or power of the party or person making the affidavit from those that have been, 93 Part 3 r 143 Family Court Rules 2002 Reprinted as at 14 July 2017 (e) (f) but are no longer, in the party’s or person’s possession, custody, or power: state, in respect of each document that is no longer in the party’s or per- son’s possession, custody, or power, when the party or person parted with the document and what has become of it: list any other relevant documents the party or person knows exist, and state the name of the person (whether a party or not) in whose posses- sion the party or person believes the documents to be.
(2) If the party or person making the affidavit claims that a document in the party’s or person’s possession, custody, or power is privileged from production, the party or person must state clearly in the affidavit the grounds for claiming the privilege.
Compare: SR 1992/109 r 320 143 Order for particular discovery against non-party after proceedings commenced (1) (2) Subclause (2) applies if it appears to the court, at any stage of the proceedings (whether from evidence or from the nature or circumstances of the case or from a document filed in the proceedings) that a document or class of documents re- lating to a matter in question in the proceedings may be, or may have been, in the possession, custody, or power of a person who is not a party to the proceed- ings.
The court may order the person who may have, or may have had, the document or class of documents in that person’s possession, custody, or power, to file and serve on every party to the proceedings an affidavit stating— (a) (b) whether that document or class of documents is or has been in that per- son’s possession, custody, or power; and if the person had the document but has now parted with it, when the per- son did so and what has become of it.
(3) An application for an order under subclause (2) must be made by way of an interlocutory application, and notice of the application must be given— (a) (b) to the person from whom discovery is sought; and to every other party who has filed an address for service.
(4) If an order is made under this rule, the court may also order that the applicant pay to the person from whom discovery is sought that person’s expenses (in- cluding solicitor and client costs)— (a) (b) arising from, and incidental to, the application; and in complying with any other order made on the application.
Compare: SR 1992/109 rr 323, 324 94 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 3 r 147 144 Incorrect affidavit to be amended (1) This rule applies to a party or person who considers defective or erroneous, be- cause of a change in circumstances or because of an error or omission, an affi- davit of documents filed by him or her and served under— (a) (b) (c) an order for discovery before proceedings commenced, under rule 140; or an order for discovery after proceedings commenced, under rule 141; or an order for particular discovery against non-party after proceedings commenced, under rule 143.
(2) The party or person must immediately file and serve a further affidavit of docu- ments correcting the error or omission.

Compare: SR 1992/109 r 326 145 Failure to include document If a document should have been, but has not been, included in an affidavit of documents filed by a party, the document may not be produced in evidence at the hearing, except— (a) with the leave of the court; or (b) with the consent of all parties to the proceedings.
Compare: SR 1992/109 r 327 146 Notice to produce for inspection (1) A party served with an affidavit of documents may, by notice to the party giv- ing discovery, require that party to produce for inspection a document referred to in the affidavit of documents.
(2) A party on whom a notice to produce a document is served must, within 4 days after the service of the notice, serve on the party requiring production of the document a notice— (a) (b) (c) stating a time (within 7 days after the service of the notice) at which, and a place at which, the document may be inspected; or claiming the document is privileged from production and clearly stating the grounds for the privilege; or stating that the document is not in the party’s possession, custody, or power, and where the document is to the best of the party’s knowledge, information, and belief.
Compare: SR 1992/109 r 328 147 Order for production for inspection (1) This rule applies to a party or person— 95 Part 3 r 148 Family Court Rules 2002 Reprinted as at 14 July 2017 (a) (b) if it appears to the court from an affidavit of documents filed by the party that a relevant document is in the possession, custody, or power of the party; or if it appears to the court from evidence in the proceedings, the nature or circumstances of the case, or any document filed in the proceedings, that a relevant document is in the possession, custody, or power of the party or person.
(2) The court may, unless the document is privileged from production, order the person or party— (a) (b) to produce the document for inspection at a time and place specified in the order; or to serve on any person a copy of all or any part of the document with or without an affidavit verifying the copy by a person who has examined the original and the copy of the document.
(3) Unless a court orders otherwise, an affidavit required under subclause (2) must state whether there are any erasures from, or additions or alterations to, the document copied and, if so, what they are.
Compare: SR 1992/109 r 329 148 Costs of production by non-party (1) The court may order that expenses (including solicitor and client costs) of a kind described in subclause (2) and that were incurred by a person who is not a party to proceedings already commenced be paid by the party to whom the document or copy of the document is produced.
(2) The expenses are those of, or incidental to,— (a) (c) compliance with a notice (to produce for inspection) under rule 146; or an order (for production for inspection) under rule 147.
Compare: SR 1992/109 r 330 149 Right to make copies (1) A party to whom a document is produced for inspection under rule 146 or rule 147 may— (a) make copies of the document; or (b) make an interlocutory application to the court to have the party who has possession, custody, or power of the document produce a legible copy for the applicant.
(2) An order under subclause (1)(b) may be made on any terms the court thinks fit and may require— that the applicant pay the reasonable expenses of the other party: that the document be marked to the effect that it is a copy and provided for the purposes of inspection only.
(a) (b) 96 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 3 r 152 (3) A party who obtains a copy of a document under this rule— (a) may make use of the copy of the document only for the purpose of the proceedings; and (b) may not make it available to any other person, except as is necessary for the purpose of the proceedings.
Compare: SR 1992/109 r 331 150 Production of document to court (1) (2) (3) The court may, at any stage of the proceedings, order a party or person to produce to the court a document if it is in the possession, custody, or power of the party or person and relates to a matter in question in the proceedings.

The court may deal with a document produced under subclause (1) in any man- ner the court thinks fit.
If the proceedings are under the Child Support Act 1991, this rule is subject to the secrecy provisions of that Act and of the Tax Administration Act 1994.
Compare: SR 1992/109 r 332 151 Inspection to decide validity of claim or objection (1) If an application is made for an order under rule 147 or rule 150 and a claim that the document is privileged from production, or another objection to pro- duction of the document, is made by the person who would be subject to the order, the court may inspect the document for the purpose of deciding the val- idity of the claim or objection.
(2) A person cannot make a claim of privilege on the basis— (a) (b) that a document relates solely to the case of the party claiming privilege; or that the existence or otherwise of a document is a substantial issue in the proceedings.
Compare: SR 1992/109 r 333 152 Admission of documents discovered (1) If an affidavit of documents is served on a party and the party is permitted to inspect a document specified in the affidavit, the following admissions by the party inspecting the document in favour of the party serving the affidavit must have effect unless the court orders otherwise: (a) that the document, if described in the affidavit as an original document, is an original document and was printed, written, signed, or executed as it purports to have been: (b) that the document, if described in the affidavit as a copy, is a true copy.
(2) However, a party must not be treated as having made an admission in relation to a document under subclause (1) if the party— 97 Part 3 r 153 Family Court Rules 2002 Reprinted as at 14 July 2017 (a) has denied in a document filed in the court the authenticity of the docu- ment; or (b) within 14 days of inspecting the document, serves on the party giving in- spection a notice that the party disputes the authenticity of the document.
(3) If a document listed in an affidavit of documents is shown to be in the posses- sion or power of the party serving the affidavit and that party has not claimed privilege in respect of the document, the party on whom the affidavit was served may give secondary evidence about the document and its contents if the party who served the affidavit does not produce the document on the request of the party on whom the document was served.
(4) Subclause (3) applies whether or not a notice to produce the document has been served on the party serving the affidavit.

Compare: SR 1992/109 r 336(1)–(4) 153 Notice to produce documents (1) A party may serve a notice on another party requiring the other party to produce a document or thing— (a) (b) for the purpose of evidence at any hearing in the proceedings; or before a Judge, officer, examiner, or other person authorised to take evi- dence in the proceedings.
(2) If the document or thing is in the possession, custody, or power of a party to whom a notice to produce is served, the party must, unless the court orders otherwise, produce the document or thing in accordance with the notice.

(3) A notice to produce— (a) must be treated as an order of the court to produce the document or thing referred to in the notice; and (b) does not need to be accompanied by a summons of production.
Compare: SR 1992/109 r 337 154 Notice to admit documents (1) A party to proceedings may, by notice served on another party, require the other party to admit, for the purpose of the proceedings, the authenticity of a document specified in the notice.
(2) If the party on whom the notice is served does not, within 14 days after service, serve, on the party serving the notice to admit documents, a notice disputing the authenticity of a document specified in the notice, the document must, for the purpose of the proceedings, be taken to have been admitted by the party on whom the notice to admit documents is served.

(3) A party may, with the leave of the court, withdraw an admission under sub- clause (2).
Compare: SR 1992/109 r 338 98 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 3 r 158 155 Restricted effect of admission An admission made under rule 152 or rule 154 must not be used against the party making the admission in any other proceedings.

Compare: SR 1992/109 r 339 Procedure when evidence given by affidavit 156 Use of affidavits (1) An affidavit must be filed before it may be used by any party.

(2) Once an affidavit is filed, it may be used by any party.
(3) An affidavit must remain on the file unless the court gives leave for the affida- vit to be removed.
Compare: SR 1992/109 r 505 157 Person refusing to make affidavit (1) If a person has knowledge of facts relevant to proceedings but refuses on the request of a party to the proceedings to make an affidavit about those facts, the party who requested the affidavit may apply for an order requiring the person to appear and be examined on oath about those facts before the court or a per- son appointed by the court.
(2) On an application under subclause (1), the court may— (a) make any orders the court thinks just— (i) (ii) for the attendance of the person for examination; and for the production of any documents specified in the order; and (b) impose any terms the court thinks just as to the examination and the costs of, and incidental to, the application and examination.

(3) A person who disobeys an order made under subclause (2) is liable to proceed- ings for contempt.
Compare: SR 1992/109 r 507 158 Form and contents of affidavit (1) Every affidavit— (a) must be expressed in the first person; and (b) must state the full name, occupation, and place of residence, of the per- son making it (the deponent); and (c) must either— (i) (ii) be signed by the deponent; or if the deponent cannot write, have the deponent’s mark set to it by the deponent; and 99 Part 3 r 159 Family Court Rules 2002 Reprinted as at 14 July 2017 (d) must be limited to any matters that would be admissible if the deponent were giving the evidence orally at the hearing; and (e) must, if it is an affidavit in reply, be limited strictly to matters in reply.
(2) The court hearing the proceedings— (a) may refuse to read an affidavit that— (i) unnecessarily sets forth any argumentative matter or copies of, or extracts from, documents; or (ii) is an affidavit in reply, but introduces new matter; and (b) may order that the costs incurred in respect of, or occasioned by, an affi- davit of a kind described in paragraph (a) be paid by the party filing the affidavit.
(3) The date on which, and place at which, an affidavit is sworn must be stated in the jurat (that is, in the brief statement at the end of an affidavit of when, where, and before whom, the affidavit was sworn), and the jurat must be signed by the person before whom the affidavit is sworn.
(4) If an affidavit is 2 or more pages long,— (a) (b) the deponent must initial or make his or her mark on each page preced- ing the page on which the jurat appears; and the person before whom the affidavit is sworn must initial each page pre- ceding the page on which the jurat appears.

(5) Nothing in this rule limits rules 63 to 72 so far as they apply to affidavits.
Compare: SR 1992/109 r 508 159 Exhibits to affidavits (1) An exhibit that accompanies an affidavit— (a) must be marked with an identifying letter or number; and (b) must be annexed to the affidavit if— (i) (ii) it is practicable to annex it to the affidavit; and its pages do not exceed International size A4; and (c) must be identified by a note made on it and signed by the person before whom the affidavit is sworn.
(2) Exhibits that are not annexed to the affidavit must, subject to subclause (3), be filed with the affidavit but in a separate bundle that— (a) (b) is securely bound; and has a front page, in accordance with rule 72.

(3) If it is not practicable to comply with subclause (1)(b) or subclause (2), the ex- hibit must have firmly attached to it a front page, in accordance with rule 72.
Compare: 1992/109 r 509 100 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 3 r 163 160 Affidavit in language other than English (1) An affidavit in a language other than English (non-English-language affida- vit) may be filed in a proceeding.

(2) The non-English-language affidavit must be accompanied by an affidavit by an interpreter, to which is exhibited— (a) (b) a copy of the non-English-language affidavit; and the interpreter’s translation of the non-English-language affidavit.
Rule 160: replaced, on 7 August 2008, by rule 20 of the Family Courts Amendment Rules 2008 (SR 2008/207).

161 Alterations or additions to, or erasure from, affidavit (1) An affidavit that has an alteration or contains additional information written be- tween the lines must not be read or used in proceedings unless— (a) (b) the court gives leave for it to be read or used in the proceedings; or the alteration or addition is authenticated by the initials of the person be- fore whom the affidavit was sworn.
(2) An affidavit that contains any information erased by way of crossing or striking out, whiting out, or another means of erasure, must not be read or used in pro- ceedings unless— (a) (b) the court gives leave for it to be read or used in the proceedings; or the erased information is written in the margin of the affidavit, identified as an erasure forming part of the affidavit, and signed or initialled by the person before whom the affidavit was sworn.
Compare: SR 1992/109 r 511 162 Irregularity in form of affidavit (1) The court may receive an affidavit sworn for the purpose of being used in any proceedings despite an irregularity in its form, for example, in its description of the parties in the title.

(2) On or after receiving an affidavit under subclause (1), the court may direct that a memorandum be made on the affidavit to the effect that it has been received despite the irregularity.

(3) Nothing in this rule affects rule 160 or rule 161.
Compare: SR 1992/109 r 512 163 Service copies of affidavits Every copy of an affidavit for service must— (a) (b) be legible; and if practicable, include a legible copy of all exhibits.

Compare: SR 1992/109 r 513 101 Part 3 r 164 Family Court Rules 2002 Reprinted as at 14 July 2017 164 Affidavit may be sworn on any day An affidavit may be sworn on any day, for example, a Sunday.
Compare: SR 1992/109 r 514 165 Affidavits made on behalf of corporations A person may make an affidavit on behalf of a corporation or body of persons empowered by law to sue or be sued (whether in the name of the body or in the name of the holder of an office) if the person— (a) (b) knows the relevant facts; and is authorised to make the affidavit.
Compare: SR 1992/109 r 515 166 Affidavits by 2 or more deponents (1) Every affidavit made by 2 or more deponents must state in the jurat the names of all the deponents.

(2) However, if the affidavit is sworn by the 2 or more deponents before the same person at the same time, it is sufficient that the affidavit state that it is sworn by both (or all) of “the above-named deponents”.
Compare: SR 1992/109 r 516 167 Affidavit by blind, disabled, or illiterate deponent (1) Subclause (2) applies to a person before whom an affidavit is being sworn if it appears to that person that the deponent— (a) (b) is wholly or partly blind; or is unable to read, or has severe difficulty (for example, because of a disa- bility) in reading.
(2) The person must certify in the jurat— (a) (b) (c) that the affidavit was read and explained by him or her to the deponent; and that the deponent appeared to fully understand the affidavit; and that the deponent wrote his or her signature or made his or her mark on the affidavit in the person’s presence.
Compare: SR 1992/109 r 517 168 Authority to take affidavits Unless an affidavit is sworn before a person who is authorised under section 56 of the District Courts Act 1947 to take it, it must not be read or used in pro- ceedings in a court.
Compare: SR 1992/109 r 518 102 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 3 r 171 169 Cross-examination of deponent (1) A party who wishes to cross-examine a deponent who has sworn an affidavit for an opposite party may serve a written notice on the opposite party requiring the deponent to attend the hearing for cross-examination.

(2) (3) (4) (5) The written notice may be by way of a letter to the opposite party’s lawyer.
The party giving the written notice must, no later than 5 working days after re- ceiving notice of the date and time fixed for the hearing of the application,— (a) (b) (c) serve it on the opposite party: serve a copy of it on any other party to the proceedings: file a copy of it in the court.

If the deponent does not attend the hearing, the deponent’s affidavit may not be used as evidence by any party, except by the leave of the court.
The party served with the notice may compel the deponent’s attendance for cross-examination by a witness summons under rule 50.

Compare: SR 1992/109 r 506 Rule 169(3): amended, on 27 May 2010, by rule 7 of the Family Courts Amendment Rules 2010 (SR 2010/97).
Other evidentiary matters 170 Pre-hearing rulings on evidence (1) The court may, at any stage of the proceedings,— (a) make an order determining a question of admissibility of evidence pro- posed to be tendered at the hearing by a party: (b) if it is proposed that the evidence of a person be admitted at the hearing in the form of a videotape, make an order authorising the tendering of the evidence by that means, and give any directions that it thinks fit re- lating to the procedure by which the videotaping of that evidence is to be carried out.
(2) Any order or directions under subclause (1) may be varied or revoked by the court on its own initiative or on an interlocutory application for the purpose.
Compare: 1989/295 r 57 171 Evidence by deposition: District Courts Rules 2014 apply (1) The following DCRs apply, so far as applicable and with all necessary modifi- cations, to proceedings in a court: (a) (b) (c) (d) 9.17—order for examination of witness or for letters of request: 9.20—procedure for examination before examiner: 9.22—objection to question: 9.24—depositions as evidence.
103 Part 3 r 172 Family Court Rules 2002 Reprinted as at 14 July 2017 (2) (3) [Revoked] The fact that an examination is pending under DCRs 9.17 or 9.20, as applied to proceedings in a court, does not suspend or prevent the exercise by a Judge or Registrar of a power or jurisdiction that he or she would otherwise possess in respect of the application.

Compare: SR 1996/148 r 75 Rule 171 heading: amended, on 1 July 2014, by rule 16(1) of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).
Rule 171(1): replaced, on 1 July 2014, by rule 16(2) of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).

Rule 171(2): revoked, on 1 July 2014, by rule 16(2) of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).

Rule 171(3): amended, on 1 July 2014, by rule 16(3) of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).
172 Taking evidence outside New Zealand: District Courts Rules 2014 apply (1) The following DCRs apply, so far as applicable and with all necessary modifi- cations: (a) (b) (c) 9.76—authority to take affidavits in places outside New Zealand: 9.77—meaning of authenticated deposition: 9.78—admissibility of authenticated deposition.
(2) However, in proceedings under section 145 of the Family Proceedings Act 1980 (which relates to applications for maintenance by applicants residing in Convention countries), subclause (1) is subject to section 150 of that Act.

Compare: SR 1996/148 r 76 Rule 172 heading: amended, on 1 July 2014, by rule 17(1) of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).

Rule 172(1): replaced, on 1 July 2014, by rule 17(2) of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).
Evidence in trans-Tasman proceedings Heading: inserted, on 1 November 2009, by rule 16 of the Family Courts Amendment Rules (No 2) 2009 (SR 2009/292).

173 Interpretation In rules 173A to 173E, unless the context otherwise requires, terms that are de- fined in the Evidence Act 2006 have the meanings given to them by that Act.

Rule 173: replaced, on 1 November 2009, by rule 17 of the Family Courts Amendment Rules (No 2) 2009 (SR 2009/292).
173A Leave to serve New Zealand subpoena on witness in Australia: District Courts Rules 2014 apply DCR 9.51 applies, so far as applicable and with all necessary modifications, to proceedings in a court.

104 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 3 r 173D Rule 173A: replaced, on 11 October 2013, by rule 13 of the Family Courts (Trans-Tasman Proceed- ings Act 2010) Amendment Rules 2013 (SR 2013/347).
Rule 173A heading: amended, on 1 July 2014, by rule 18(1) of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).

Rule 173A: amended, on 1 July 2014, by rule 18(2) of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).
173B Issue of subpoenas for service in Australia (1) A subpoena issued by the court for service on a witness in Australia that re- quires the witness to testify, whether or not it also requires the witness to produce documents or things, must be in form G 25 (set out in Schedule 1).

(2) A subpoena issued by the court for service on a witness in Australia that re- quires the witness to produce documents or things, but does not require the wit- ness to testify, must be in form G 26 (set out in Schedule 1).
(3) A subpoena referred to in subclause (1) or (2) may be obtained in the same manner and subject to the same conditions as a witness summons under rule 50.

Rule 173B: inserted, on 1 November 2009, by rule 17 of the Family Courts Amendment Rules (No 2) 2009 (SR 2009/292).
173C Service of subpoena on witness in Australia Every statement that, in accordance with section 156 of the Evidence Act 2006, is required to accompany a subpoena that is served on a witness in Australia must be in form G 27 (set out in Schedule 1).

Rule 173C: inserted, on 1 November 2009, by rule 17 of the Family Courts Amendment Rules (No 2) 2009 (SR 2009/292).
173CA Application to set aside New Zealand subpoena The following DCRs apply, so far as applicable, and with all necessary modifi- cations: (a) (b) (c) 9.53—application to set aside New Zealand subpoena: 9.54—service of documents on applicant: 9.55—hearing of application.

Rule 173CA: replaced, on 1 July 2014, by rule 19 of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).
173D Failure to comply with subpoena A certificate under section 161 of the Evidence Act 2006 must be in form G 28 (set out in Schedule 1).

Rule 173D: inserted, on 1 November 2009, by rule 17 of the Family Courts Amendment Rules (No 2) 2009 (SR 2009/292).
105 Part 3 r 173E Family Court Rules 2002 Reprinted as at 14 July 2017 173E Evidence and submissions by remote appearance medium from Australia: District Courts Rules 2014 apply DCR 9.57 applies, so far as applicable and with all necessary modifications, to proceedings in a court.

Rule 173E: replaced, on 11 October 2013, by rule 15 of the Family Courts (Trans-Tasman Proceed- ings Act 2010) Amendment Rules 2013 (SR 2013/347).
Rule 173E heading: amended, on 1 July 2014, by rule 20(1) of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).

Rule 173E: amended, on 1 July 2014, by rule 20(2) of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).

Conferences 174 Judge may direct that judicial conference be held To ensure that an application is determined as fairly, inexpensively, simply, and speedily as is consistent with justice, a Judge may direct that a judicial confer- ence be held.
Rule 174: replaced, on 1 November 2009, by rule 18 of the Family Courts Amendment Rules (No 2) 2009 (SR 2009/292).

175 Judicial conference: nature and purpose (1) (2) Every judicial conference is presided over by a Judge.
The purpose of a judicial conference is to enable a Judge to make any orders and give any directions that the Judge considers— (a) (b) are consistent with the purpose and spirit of the family law Act under which the proceedings arise; and are necessary to ensure that an application is determined as fairly, inex- pensively, simply, and speedily as is consistent with justice.

Rule 175: replaced, on 1 November 2009, by rule 18 of the Family Courts Amendment Rules (No 2) 2009 (SR 2009/292).
175A Judicial conference: how convened (1) A Registrar must convene a judicial conference if directed to do so by a Judge under rule 52(2)(a).

(2) A Registrar may convene a judicial conference on his or her own initiative at any time before the hearing of an application if he or she considers it in the best interests of 1 or more of the parties to do so.

Rule 175A: inserted, on 1 November 2009, by rule 18 of the Family Courts Amendment Rules (No 2) 2009 (SR 2009/292).
175B Judicial conference: who may attend (1) The Registrar must give notice of the date, time, and place of the judicial con- ference to the parties to the application.

(2) If a lawyer is acting for a party,— 106 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 3 r 175D (a) notice of the date, time, and place of the judicial conference may be given to the party’s lawyer; and (b) notice to a party’s lawyer is to be treated as notice to the party.
(3) A party, or his or her lawyer, may be required to attend the judicial conference.

(4) A party who is required to attend a judicial conference may arrange for his or her lawyer to attend with him or her.

Rule 175B: inserted, on 1 November 2009, by rule 18 of the Family Courts Amendment Rules (No 2) 2009 (SR 2009/292).

175C Judicial conference: adjournment The Judge presiding over a judicial conference may adjourn the judicial confer- ence at any time and to any place.
Rule 175C: inserted, on 1 November 2009, by rule 18 of the Family Courts Amendment Rules (No 2) 2009 (SR 2009/292).

175D Judicial conference: orders and directions pending determination of application (1) At a judicial conference, the presiding Judge may, pending determination of an application, make any orders and directions that the Judge is empowered to make by— (a) (b) the family law Act under which the proceedings arise; and these rules.
(2) Without limiting the generality of subclause (1), the Judge may do any of the following: (a) (b) (c) (d) (e) (f) (g) (h) (i) settle the issues to be determined at the hearing: direct that a person be joined as a party to the application, or that the name of a party be joined or struck out: direct which parties are to be served: direct a person to file an affidavit or other document within a specified time: require a party to make an admission in respect of a question of fact and, if the party refuses or fails to make an admission of that kind, require that the party (subject to the direction of the Judge hearing the applica- tion) bear the costs of proving that question at the hearing: reduce, extend, or fix a time for the filing of a document or the doing of some other thing: require the provision of further or better particulars of any facts or other circumstances connected with the application: require a party to make discovery, produce documents, or both: permit a party to administer interrogatories: 107 Part 3 r 175E Family Court Rules 2002 Reprinted as at 14 July 2017 (j) (k) (l) (m) (n) with the consent of the parties, make an order for settlement relating to the application that has the same effect as if it were an order made under rule 179: issue any warrant or summons: direct the Registrar to fix a date, time, and place for the hearing of the proceedings: determine which witnesses may give oral evidence in support: if the proceedings relate to or include an application under the Property (Relationships) Act 1976,— (i) appoint a person under section 38(1) of that Act to make an inquiry into the matters of fact in issue between the parties, and to report on them to the court; or (ii) make an order or issue a warrant or summons authorised by any of rules 397 to 402: (o) give any consequential directions the Judge considers necessary.
Rule 175D: inserted, on 1 November 2009, by rule 18 of the Family Courts Amendment Rules (No 2) 2009 (SR 2009/292).

Rule 175D(2)(l): amended, on 27 May 2010, by rule 12 of the Family Courts Amendment Rules 2010 (SR 2010/97).
175E Judicial conference: order determining application (1) This rule applies when a party to the proceedings on whom service has not been dispensed with altogether— (a) (b) (c) has been served with the application; and has been notified that he or she is required to attend a judicial confer- ence; and has failed to file and serve a notice of defence or notice of intention to appear— (i) (ii) within the time specified in or under rule 41; or at any time before the judicial conference; and (d) does not attend, or is not represented by his or her lawyer, at the judicial conference.
(2) At the judicial conference, the presiding Judge may proceed in accordance with rule 55(2), to hear the application.

The judicial conference is then to be treated as the hearing of the application.

Rule 175E: inserted, on 1 November 2009, by rule 18 of the Family Courts Amendment Rules (No 2) 2009 (SR 2009/292).
176 Non-compliance with orders or directions If the applicant fails to comply with an order made, or a direction given, by the Judge under rule 175, the court may order— (1) 108 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 3 r 178 (a) that the applicant may take no further step until the order or direction is complied with; or (b) that the proceedings be dismissed.
(2) If the respondent fails to comply with an order made, or a direction given, by the Judge under rule 175, the court may order that the respondent be allowed to appear at the hearing and defend the application only on terms that the court directs.

(3) A failure by a party to comply with an order made, or a direction given, by a Judge under rule 175 may be taken into account by the court in making an order as to costs.
Compare: SR 1996/148 r 73 177 Order or direction at conference may be varied at hearing If the court hearing an application considers that the interests of justice require the variation or revocation of an order made, or a direction given, under rule 175, the court may vary or revoke (in whole or in part) the order or direction.

Compare: SR 1992/109 r 436 178 Settlement conference (1) The purpose of a settlement conference is to settle the issues in dispute be- tween the parties.
(2) A Registrar must convene a settlement conference if directed to do so by a Judge under rule 52(2)(b) and, in accordance with the direction, require any of the following persons to attend: (a) (b) the parties to the application: the lawyers representing the parties to the application.

(3) (4) The Judge presiding over a settlement conference may adjourn a settlement conference at any time and to any place.
Except as provided in rule 179(3)(b), no evidence of any of the following is ad- missible in any court, or before any person acting judicially: (a) any information, statement, or admission disclosed or made to any per- son in the course of a settlement conference; or (b) any matter arising out of a settlement conference.

Compare: SR 1992/109 r 438(1) Rule 178(1): replaced, on 1 November 2009, by rule 19 of the Family Courts Amendment Rules (No 2) 2009 (SR 2009/292).
Rule 178(2): replaced, on 1 November 2009, by rule 19 of the Family Courts Amendment Rules (No 2) 2009 (SR 2009/292).

109 Part 3 r 179 Family Court Rules 2002 Reprinted as at 14 July 2017 179 Consent order may be made at settlement conference (1) The Judge presiding over a settlement conference may, with the consent of the parties, make an order settling some or all of the issues in dispute in the pro- ceedings.
(2) However, a Judge may not make a consent order if a party to the proposed settlement does not have a lawyer acting for the party unless— (a) (b) the settlement conference has been adjourned to give the party a chance to take legal advice; or the party makes an express statement to the effect that he or she does not wish the settlement conference to be adjourned to provide him or her with the chance to take legal advice.
(3) A consent order made at a settlement conference— (a) (b) has the same effect as if it were made with the consent of the parties in proceedings in a court; and is the only matter arising out of a settlement conference that is admis- sible as evidence in a court or before a person acting judicially.
Compare: SR 1992/109 r 438(2) 179A Settlement conference becomes judicial conference if issues in dispute cannot be settled (1) If the Judge presiding over a settlement conference is satisfied that the issues in dispute between the parties or intended parties cannot be settled, the Judge must, as soon as practicable, indicate to the persons attending the conference that he or she has formed that view.
(2) When an indication has been given under subclause (1), the settlement confer- ence becomes a judicial conference and the Judge may make any orders and directions that a Judge may make under rule 175D.

Rule 179A: inserted, on 27 May 2010, by rule 8 of the Family Courts Amendment Rules 2010 (SR 2010/97).
180 Change of Judge after settlement conference (1) A Judge who presides over a settlement conference relating to an application must not preside at the hearing of the proceedings unless— (a) (b) all parties taking part in the conference consent; or the only matter for resolution at the hearing is a question of law.

(2) The Judge must note in his or her record of the conference whether or not he or she may, in accordance with subclause (1), preside at the hearing of the pro- ceedings.
Compare: SR 1992/109 r 438 Rule 180 heading: amended, on 24 December 2004, by rule 3 of the Family Courts Amendment Rules (No 2) 2004 (SR 2004/468).

110 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 3 r 182 Rule 180 heading: amended, on 1 July 2004, by rule 4(1) of the Family Courts Amendment Rules 2004 (SR 2004/165).

Rule 180(1): amended, on 24 December 2004, by rule 3 of the Family Courts Amendment Rules (No 2) 2004 (SR 2004/468).
Rule 180(1): amended, on 1 July 2004, by rule 4(2) of the Family Courts Amendment Rules 2004 (SR 2004/165).
181 Further powers of Judge to ensure proceedings dealt with speedily (1) To ensure proceedings are dealt with speedily, the court may do any of the fol- lowing: (a) (b) (c) (d) (e) (f) deal with an application or hold a conference by way of a telephone con- ference link-up, at the expense of 1 or more of the parties: if facilities are available, and subject to a direction as to costs, deal with an application or hold a conference by way of video conference link-up: deal with an application by way of email, fax, or courier post at the ex- pense of 1 or more of the parties: subject to a direction as to costs, make use in the proceedings of video tape, film projection, computers, and other equipment to the extent the Judge considers appropriate: subject to a direction as to costs, make arrangements for the speedy and effective recording of evidence: appoint a person authorised by law to administer an oath to a witness giving evidence in any way envisaged by this rule.
(2) This rule does not limit rule 173.

Compare: SR 1989/295 r 28 Interlocutory injunctions 182 Application for interlocutory injunction (1) A party to proceedings may seek an interlocutory injunction by making an interlocutory application before or after the start of the hearing of the proceed- ings.
(2) A person who is to be a party to intended proceedings may seek an interlocu- tory injunction by making an interlocutory application before the intended pro- ceedings are commenced, but only in cases of urgency.

(3) On an application under subclause (2), the court may grant the injunction on terms providing for the commencement of the intended proceedings, and any other terms, the court thinks fit.
Compare: SR 1992/109 r 258(1), (2) 111 Part 3 r 183 Family Court Rules 2002 Reprinted as at 14 July 2017 183 Undertaking as to damages (1) An applicant for an interlocutory injunction must file a signed undertaking that the applicant will abide by any order that the court may make in respect of damages— (a) that are sustained by the other party through the granting of the interim injunction; and (b) that the court decides that the applicant ought to pay.
(2) The undertaking must be referred to in, and forms part of, any order of the court granting the interlocutory injunction.

(3) An applicant for an interlocutory injunction is deemed to be bound by an undertaking in those terms, whether or not one has been signed or filed by the applicant and whether or not it has been referred to in the order granting the interim injunction.
Compare: SR 1992/109 r 258(3)–(5) 184 Interim injunction in relation to party’s assets (1) The court may grant an interlocutory injunction restraining a party to proceed- ings (whether or not the party is domiciled, resident, or present in New Zea- land) from removing from New Zealand, or otherwise dealing with, assets in New Zealand.
(2) An applicant for an injunction of that kind must, in applying for the injunction, identify each person who is not a party to the proceedings but who would be detrimentally affected if the injunction were granted.

Compare: SR 1992/109 r 259 Injunctions and receivers 185 Application for order (1) This rule applies to a party who, before the hearing, desires an immediate order— (a) (b) in the nature of an injunction; or to appoint a receiver.
(2) The party may make an interlocutory application to the court, which may, on proof of the facts rendering the order immediately necessary, make any order the court thinks fit.
Compare: SR 1992/109 r 355 Transfer of proceedings and transfer for hearing 186 Transfer of proceedings A court or Registrar may order that proceedings in the court be transferred to another court if the court or, as the case requires, the Registrar is satisfied that 112 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 3 r 190 the proceedings can be more conveniently or fairly dealt with in that other court.
Compare: 1996/148 r 78 187 Transfer for hearing A court or Registrar may order that the hearing of an application filed in the 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 1996/148 r 79 188 Transfers under rule 186 or rule 187 (1) A court or Registrar may order a transfer under rule 186 or rule 187— (a) (b) on his or her or its own initiative; or on an interlocutory application for the purpose on not less than 3 work- ing days’ notice.

(2) If a Registrar declines an application to transfer proceedings or a hearing, the applicant may ask the court to review that decision; and in that case the court may make any decision on the application the court thinks fit.
(3) If an order is made for the transfer of proceedings or a 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 1996/148 r 80 189 Procedure on transfer of proceedings (1) If an order is made under rule 186 for the transfer of proceedings,— (a) the Registrar of the court in which the order is made 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 (b) the Registrar of the court to which the proceedings are transferred must enter the proceedings in the records of that court.
(2) On transfer, the proceedings continue as if they were originally filed in the court to which they have been transferred.
Compare: SR 1996/148 r 81 190 Procedure on transfer for hearing (1) If an order is made under rule 187 for the transfer of a hearing,— (a) the Registrar of the court in which the application is pending must— 113 Part 3 r 191 Family Court Rules 2002 Reprinted as at 14 July 2017 (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 (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) the Registrar of the court of hearing must return all the documents relat- ing 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 (b) the Registrar to whom the documents are returned must— (i) (ii) record every order made in the proceedings in the records of the court; and take the steps required by rule 206 to serve a copy of every order on the parties.
Compare: SR 1996/148 r 82 191 Transfer of proceedings to High Court Rule 189 applies with all necessary modifications to the transfer of proceedings to the High Court under a family law Act or section 14 of the Family Courts Act 1980.
Compare: SR 1996/148 r 81(3) Adjournment of hearing 192 Adjournment of hearing The court or the Registrar may, before or at the hearing, if it appears expedient in the interests of justice to do so, postpone or adjourn the hearing for a time, to a place, and on any other terms (for example, as to the application concerned being entered on the Registrar’s list (as defined in rule 8)), the court or Regis- trar thinks fit.
Compare: SR 1992/109 r 484 Striking out pleading 193 Striking out pleading (1) The court may order that all or part of an application or defence or other plead- ing be struck out if the pleading or part of it— (a) discloses no reasonable basis for the application or defence or other pleading; or 114 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 3 r 195A (b) is likely to cause prejudice, embarrassment, or delay in the proceedings; or (c) is otherwise an abuse of the court’s process.
(2) An order under subclause (1) may be made by the court— (a) (b) (c) on its own initiative or on an interlocutory application for the purpose: at any stage of the proceedings: on any terms it thinks fit.
Compare: SR 1992/109 r 209 Stay or dismissal 194 Stay or dismissal The court may order that proceedings be stayed or dismissed, either generally or in relation to a particular application by which an order or declaration is sought, if the court considers, in relation to the proceedings or to the applica- tion, that— (a) (b) (c) there is no reasonable basis for the proceedings or application; or the proceedings are frivolous or vexatious; or the proceedings are an abuse of the court’s process.
Compare: SR 1992/109 r 481 195 Dismissal if proceedings or defence not prosecuted (1) An opposite party may apply to have dismissed— (a) (b) all or part of an applicant’s proceedings, if the applicant has failed to prosecute the proceedings or part of them: all or part of a respondent’s defence, if the respondent has failed to pros- ecute the defence or part of it.

(2) On an application under subclause (1), the court may make any order it con- siders just.
Compare: SR 1992/109 r 482 Discontinuance Heading: inserted, on 1 March 2014, by rule 17 of the Family Courts Amendment Rules 2014 (LI 2014/3).
195A Discontinuance (1) At any time before or during the hearing of his or her substantive application, an applicant may make an interlocutory application without notice to the court to discontinue his or her substantive application against,— (a) (b) if there is only 1 respondent, that respondent; or if there is more than 1 respondent,— 115 Part 3 r 195B Family Court Rules 2002 Reprinted as at 14 July 2017 (i) (ii) 1 or more of the respondents; or all respondents.
(2) An interlocutory application made under subclause (1) must be determined by— (a) a Registrar, if the Registrar has power to hear and determine the appli- cant’s substantive application; or (b) a Judge, in any other case.

(3) Before determining an interlocutory application made under subclause (1), the Registrar or the Judge may, under rule 224, direct the applicant to file an affi- davit in support.
(4) When determining an interlocutory application made under subclause (1), the Registrar or Judge may— (a) make a discontinuance order on the interlocutory application discontinu- ing the applicant’s substantive application against 1 or more specified re- spondents; or (b) dismiss the interlocutory application.
(5) If a discontinuance order is made under subclause (4)(a),— (a) (b) the applicant’s substantive application ends against those respondents specified in the order; and the Registrar must serve on every party to the applicant’s substantive ap- plication a discontinuance order in form G 29.

(6) The discontinuance of an applicant’s substantive application does not affect the determination of costs in respect of that application.
Rule 195A: inserted, on 1 March 2014, by rule 17 of the Family Courts Amendment Rules 2014 (LI 2014/3).

195B Court may set discontinuance aside (1) A respondent against whom a substantive application is discontinued under rule 195A may make an interlocutory application to the court for an order set- ting the discontinuance aside.
(2) An interlocutory application under subclause (1) must be made— (a) within 21 working days after the date on which the discontinuance order was made under rule 195A; or (b) within such further time as the court, on application, allows.

(3) Before hearing and determining an interlocutory application made under sub- clause (1), the Judge may, under rule 224, direct the respondent making the interlocutory application to file an affidavit in support.
(4) On the hearing of an interlocutory application made under subclause (1), the Judge may make an order setting the discontinuance aside if the Judge is satis- fied that in all the circumstances it is appropriate to do so.

116 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 3 r 197 Rule 195B: inserted, on 1 March 2014, by rule 17 of the Family Courts Amendment Rules 2014 (LI 2014/3).
Judgments and orders 196 Judgment and reasons for judgment defined In these rules, unless the context otherwise requires,— judgment includes— (a) (b) a declaration or order of the court; and an order of the court or Registrar on an interlocutory application reasons for judgment means— (a) (b) the written reasons given by the Judge for his or her decision; or if the Judge gives reasons orally, a proper report, approved by the Judge, of the oral statement made by him or her of the reasons for his or her decision.
Compare: SR 1992/109 r 529 197 Time and mode of giving judgment (1) A Judge may give a judgment orally or in writing.

(2) Except in the case of a judgment on an application without notice, a Judge may give a judgment orally only if the affected parties or their lawyers have been given a reasonable opportunity to— (a) (b) be present when the judgment is given; or hear the Judge give the judgment, for example, by telephone, telephone conference call, or video link.
(3) A judgment is given orally when the Judge pronounces it, with or without rea- sons.
(4) A written judgment is given when the judgment— (a) is— (i) (ii) signed by the Judge (or by the Registrar, in accordance with rule 12(4)); or authenticated by the Judge in accordance with subclause (4A); and (b) is endorsed with the date and time that purport to be the date on which and the time at which— (i) (ii) the Judge (or Registrar) signed the judgment in accordance with paragraph (a)(i); or the Judge authenticated the judgment in accordance with para- graph (a)(ii).
117 Part 3 r 198 Family Court Rules 2002 Reprinted as at 14 July 2017 (4A) If an order is made by a Judge on an application without notice and that order is to be transmitted electronically to the Registrar at the court in which the ap- plication was filed, the order may be authenticated by the Judge by any elec- tronic means that adequately identifies the Judge.

(5) The date and time referred to in subclause (4)(b) are deemed to be the date on which and the time at which the judgment is given.
(6) A judgment, whether given orally or in writing, may be recalled by the Judge at any time before a formal record of it has been drawn up and sealed.

Compare: SR 1992/109 r 530 Rule 197(4): replaced, on 1 March 2014, by rule 18 of the Family Courts Amendment Rules 2014 (LI 2014/3).

Rule 197(4A): inserted, on 1 March 2014, by rule 18 of the Family Courts Amendment Rules 2014 (LI 2014/3).
198 Judgments to be sealed and dated (1) Every judgment must be drawn up in a form approved by the Registrar, who must seal it with the seal of the court.

(2) A judgment may be sealed— (a) in accordance with a direction given by the Judge relating to the sealing of the judgment; or (b) if no direction is given, at any time after the judgment has been given.

(3) A sealed judgment must state— (a) (b) the date on which, under rule 197(3) or (4), the judgment is given; and the date on which it is sealed.
Compare: SR 1992/109 rr 36, 290(3), (4), 531 199 When drawing up of order unnecessary Unless the court directs otherwise, it is not necessary under rule 198 to draw up or seal the following orders: (a) (b) (c) (d) (e) an order dismissing an interlocutory application, whether or not costs on it are allowed to any party: an order made (other than one made on an application without notice) that extends the time for commencing proceedings, or that extends or re- duces the time for taking a step or filing a document in proceedings: an order fixing a time for the substantive hearing of an application or the hearing of proceedings, or adjourning any hearing: an order giving leave to commence proceedings: an order giving directions for the service of any documents relating to an application, unless service is directed to be effected on the representative of a person (for example, by a direction under rule 124): 118 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 3 r 204 (f) (g) an order amending or granting leave to amend a document filed in a pro- ceeding, or granting leave to file any document: an order authorising the omitting or waiving of an act by the Registrar or another officer of the court except a lawyer; but in each case of that kind a minute of the order must be made on the notice of application (if any) or other appropriate document and signed by the Judge making the order or by the Registrar.
Compare: SR 1992/109 r 291 200 Duplicate judgments Duplicates of a judgment, with the word “duplicate” marked on the front of their first page, may be issued to a party.

Compare: SR 1992/109 r 532 201 When judgment takes effect (1) Subject to section 79(5) of the District Courts Act 1947, a judgment takes ef- fect when it is given.

(2) However, no step may be taken on a judgment before it has been sealed.
Compare: SR 1992/109 r 533(1), (2) 202 Time for doing act to be stated Every judgment requiring a person to do an act, other than the payment of money or costs, must state the time within which the act is to be done.

Compare: SR 1992/109 r 534 203 If deed directed to be prepared (1) A judgment that directs a deed to be prepared and executed may state— (a) (b) (c) which party is to prepare the deed: at whose expense the deed is to be prepared: to whom the deed is to be submitted for approval.
(2) If the parties cannot agree on the form of the deed, then, on an interlocutory application on notice for the purpose, the court may settle the deed itself.
Compare: SR 1992/109 r 535 204 Clerical mistakes and slips (1) This rule applies to a judgment— (a) (b) that contains a clerical mistake or an error arising from an accidental slip or omission, whether or not the mistake, error, slip, or omission was made by an officer of the court; or that is drawn up in a way that does not express what was actually deci- ded and intended.
119 Part 3 r 205 Family Court Rules 2002 Reprinted as at 14 July 2017 (2) (3) The judgment may be corrected by the court or, if the judgment was made by a Registrar, by the Registrar.

The correction may be made by the court or the Registrar, as the case requires, on his or her or its own initiative or on an interlocutory application for the pur- pose.
Compare: SR 1992/109 r 12 205 Death, etc, of Judge before judgment (1) If a Judge who has signed a judgment or reasons for judgment dies or retires or becomes otherwise incapable before the judgment is given or the reasons are delivered, another Judge or the Registrar may give that judgment or deliver those reasons.

(2) If subclause (1) does not apply and a Judge dies or retires or otherwise be- comes incapable of giving judgment, the proceedings or issue must be reheard.
Compare: SR 1992/109 r 539 206 Service of judgments (1) The Registrar must, as soon as practicable after a judgment (for example, an interim or temporary or interlocutory order, or an order issued by the Registrar under rule 318) is given, take all reasonable steps to serve a copy of the judg- ment on the parties.
(2) In proceedings under the Child Support Act 1991, Care of Children Act 2004, or Family Proceedings Act 1980,— (a) (b) if a lawyer is acting for a party, service of a copy of the judgment on that party’s lawyer must be treated as service on that party; or if a party has no lawyer acting for that party, service may be effected by sending a copy of the judgment— (i) (ii) (iii) by registered letter addressed to that party at the address for ser- vice (if given); or if no address for service has been given and the party resides in New Zealand, by registered letter addressed to that party at that party’s last known or usual place of residence or business in New Zealand; or if no address for service has been given and the party resides over- seas, by letter sent by airmail and addressed to that party at that party’s last known or usual place of residence or business over- seas.
If service of a judgment is under subclause (2) to be effected by registered let- ter, the judgment must be served by an officer of the court unless a Judge or the Registrar, because he or she thinks fit, requires the judgment to be served by a bailiff or constable.
(3) 120 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 3 r 207 (4) In proceedings under any other family law Act, the judgment must be served by personal service of the judgment on the parties in the manner specified in rule 107(1), however, if for any reason service of the judgment on a party can- not be effected in that manner, service must instead be effected— (a) (b) if a lawyer is acting for that party, by service of a copy of the judgment on the lawyer; or if no lawyer is acting for that party, by sending a copy of the judgment by ordinary post addressed to that party at his or her or its address for service (if given), or otherwise to that person’s last known or usual place of abode or business in New Zealand, and rule 119(1) applies according- ly with all necessary modifications; or (c) by substituted service (under an order under rule 126).
(5) In proceedings under the Domestic Violence Act 1995, this rule is subject to— (a) rule 326 (certain documents to be served with temporary protection orders and temporary property orders); and (b) rule 327 (extension of period for service).

(6) In proceedings under the Family Proceedings Act 1980, this rule is subject to rule 360 (sealing and service of order dissolving marriage or civil union: order made by Judge in defended proceedings).
Compare: SR 1981/261 r 45; SR 1988/213 r 36; SR 1989/295 r 45; SR 1992/58 r 35(1)–(3); SR 1996/148 r 53(1), (4), (5) Rule 206(2): amended, on 1 July 2005, by rule 17 of the Family Courts Amendment Rules 2005 (SR 2005/101).

Rule 206(3): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Rule 206(6): amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).
Costs 207 Costs at discretion of court (1) The court has discretion to determine the costs of— (a) (b) (c) any proceeding: any step in a proceeding: any matter incidental to a proceeding.
(2) In exercising that discretion, the court may apply any or all of the following DCRs, so far as applicable and with all necessary modifications: (a) (b) (c) (d) 14.2—principles applying to determination of costs: 14.3—categorisation of proceedings: 14.4—appropriate daily recovery rates: 14.5—determination of reasonable time: 121 Part 3 r 207A Family Court Rules 2002 Reprinted as at 14 July 2017 (e) (f) (g) (h) (i) (j) (k) 14.6—increased costs and indemnity costs: 14.7—refusal of, or reduction in, costs: 14.8—costs in interlocutory applications: 14.9—costs may be determined by different Judge: 14.10—written offers without prejudice except as to costs: 14.11—effect on costs: 14.12—disbursements.
(3) This rule is subject to the provisions of the family law Act under which the proceedings are brought.

Rule 207: replaced, on 1 July 2014, by rule 21 of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).

207A Enforcement of order for costs An order for the payment of costs may be enforced in the same manner as an order of a District Court for the payment of money.

Rule 207A: inserted, on 1 November 2009, by rule 20 of the Family Courts Amendment Rules (No 2) 2009 (SR 2009/292).
207B Security for costs: District Courts Rules 2014 apply The following DCRs apply, so far as applicable and with all necessary modifi- cations, to proceedings in a court: (a) (b) 1.10—security: 5.48—power to make order for security for costs.

Rule 207B: replaced, on 1 July 2014, by rule 22 of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).

Investment of funds in court Heading: replaced, on 1 July 2014, by rule 23 of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).
208 Investment of funds in court The following DCRs apply, so far as applicable and with all necessary modifi- cations, to a proceeding in a court: (a) (b) (c) 2.13—application for order: 2.14—powers of court in relation to application: 2.15—disposal of securities and income.

Rule 208: replaced, on 1 July 2014, by rule 23 of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).
122 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 3 r 209 Inspection and testing of property Heading: replaced, on 1 July 2014, by rule 23 of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).

208A Inspection and testing of property The following DCRs apply, so far as applicable and with all necessary modifi- cations, to a proceeding in a court: (a) (b) 9.25—order for inspection, etc: 9.26—notice of application.
Rule 208A: replaced, on 1 July 2014, by rule 23 of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).

Interim preservation, etc, of property Heading: replaced, on 1 July 2014, by rule 23 of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).
208B Interim preservation, etc, of property The following DCRs apply, so far as applicable and with all necessary modifi- cations, to a proceeding in a court: (a) (b) (c) 7.47—preservation of property: 7.48—sale of perishable property before hearing: 7.49—order to transfer part of property to person with interest in proper- ty: (d) 7.50—interim payment of income to person with interest in income.

Rule 208B: replaced, on 1 July 2014, by rule 23 of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).
Rehearings 209 Application for rehearing (1) A party may apply for a rehearing of all or any part of an application on the grounds that there has been a miscarriage of justice in the proceedings.

(2) However, nothing in this rule or in rules 210 to 213 affects, or applies to the extent that it is inconsistent with, the following: (a) (b) (c) section 204 of the Oranga Tamariki Act 1989: section 173 of the Family Proceedings Act 1980: section 118(3) of the Child Support Act 1991.
(3) An application under subclause (1) must be filed in the proper court (see rule 28(1)) within 28 days after the date on which judgment was delivered on the application or (as the case requires) part of the application.

(4) The application must state the circumstances that the applicant alleges resulted in a miscarriage of justice in the proceedings.
123 Part 3 r 210 Family Court Rules 2002 Reprinted as at 14 July 2017 (5) On the filing of the application, the court may order that the application operate as a stay of proceedings until the application is finally determined and, if the application is granted, until the rehearing is finally determined.

(6) If an order under subclause (5) is not made, then the application does not oper- ate as a stay of proceedings.
Compare: SR 1992/109 r 494(1), (3) Rule 209(2)(a): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

210 Court may order rehearing (1) On an application for a rehearing of an application, the court may order a re- hearing of all or any part of the application if (and only if) it considers that there has been a miscarriage of justice in the proceedings.
(2) Examples of a miscarriage of justice include— (a) (b) unfair or improper practices by a successful party to the prejudice of an- other party: the discovery since the hearing of material evidence that could not reasonably have been known or foreseen before or during the hearing: (c) misconduct by a witness that affects the outcome of the hearing.
Compare: SR 1992/109 r 493(1), (3) 211 Evidence by affidavit on application for rehearing (1) On an application for a rehearing, the court must not receive— (a) (b) an affidavit from a witness that explains or adds to oral evidence that he or she gave at the hearing; or an affidavit of any facts that might have been given in evidence at the hearing.
(2) Subclause (1) does not prevent the court receiving an affidavit from a material witness to the effect that the witness made a serious mistake in giving his or her oral evidence at the hearing.

(3) On an application for a rehearing, the court must not consider circumstances that do not relate to a miscarriage of justice in the proceedings.

Compare: SR 1992/109 r 494(2), (4), (5) 212 Order for rehearing The court may order a rehearing on any terms it thinks fit.
The court may order a rehearing on any 1 or more questions in the proceedings, whatever the grounds on which the rehearing was applied for, without interfer- ing with the judgment on any other questions.

The court may order a rehearing against any 1 or more parties to the proceed- ings.
(1) (2) (3) 124 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 4 r 215 (4) If the court considers that the miscarriage of justice affects only part of a matter in dispute in the proceedings, it may— (a) make an order (other than an order for a rehearing) as to the part not so affected; and (b) order a rehearing as to the affected part only.

(5) Subclauses (2) to (4) do not limit subclause (1).
Compare: SR 1992/109 r 493(2), (4)–(6) 213 Procedure for rehearing (1) If the court orders a rehearing of all or any part of an application,— (a) (b) a court must rehear the proceedings; and the court or the Registrar must fix a time and place for the rehearing.

(2) (3) The Registrar must give every party notice of the time and place fixed for the rehearing.

Rules 53 to 58 apply to a rehearing of all or any part of an application as if the rehearing were the hearing of an application.
Contempt 214 Contempt of court: District Courts Rules 2014 apply DCR 21.6 and forms 114 and 115 of the District Courts Rules 2014 (which re- late to contempt) apply, so far as applicable and with all necessary modifica- tions, to a proceeding in a court.

Rule 214: replaced, on 1 July 2014, by rule 24 of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).
Part 4 Interlocutory matters Overview of Part 215 Overview of this Part (1) (2) (3) This Part sets out procedures for dealing with interlocutory matters (that is, matters that arise in the course of proceedings).

It should be read with references, in other Parts of these rules, to things being sought by, or done on, an interlocutory application.

The application of this Part to proceedings is modified by any rules in Part 5 that apply to the proceedings (Part 5 contains rules that modify this Part).
(4) Among other things, this Part deals with the following matters relating to inter- locutory applications: (a) using consent memoranda instead of them: 125 Part 4 r 216 Family Court Rules 2002 Reprinted as at 14 July 2017 (b) which of them may be made without notice: (c) who is to hear and determine them: (d) what form they must be in: (e) (f) (g) (h) evidence on them: where they must be filed: how they are determined: enforcement of orders made on them.
(5) This rule is only a guide to the general scheme and effect of this Part.

216 Interpretation Interpretation In this Part, unless the context otherwise requires,— application means an interlocutory application (as defined in rule 8) making an order on an application includes giving a direction on the applica- tion order, in relation to an application, includes a direction sought by, or given on, the application proceedings includes intended proceedings.
Consent memoranda instead of interlocutory applications 217 Consent memoranda instead of applications (1) A party who, under these rules, may or must make an application for an order on a matter of procedure may, instead of filing the application, file a consent memorandum.
(2) A consent memorandum must be signed by all parties and persons to be affected by the order sought (or by their respective lawyers or representatives), and must signify their consent to the making of that order and any terms and conditions on which that consent is given.

(3) On the filing of a consent memorandum, the Registrar must— (a) make and seal an order in terms of the memorandum; or (b) refer the memorandum to a Judge.
(4) If the Registrar refers the memorandum to a Judge, the memorandum must be treated as if it were a filed and served application on notice for the order.

Compare: SR 1992/109 r 10 126 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 4 r 220 Interlocutory applications on notice or without notice 218 Applications generally to be made on notice An application must be made on notice unless rule 220(1) or (2) applies.
219 Who must be served with copy of application on notice (1) A copy of an application under a family law Act or under any of these rules must, unless a Registrar or Judge directs otherwise on another application for the purpose, be served on each person who is or will be a party to, or interested in, or likely to be affected by, the proceedings.
(2) However, Part 5 contains special rules as to who must be served with a copy of certain applications under certain family law Acts, including certain applica- tions under the Family Protection Act 1955 and the Law Reform (Testamentary Promises) Act 1949 (see rule 382 – order for directions as to service or for rep- resentation).
220 Applications that may be made without notice (1) An application need not be made on notice if the family law Act or District Courts Rule under which it is made provides, or any other of these rules pro- vide, that the application, or an application of that kind, may be made without notice.
(2) An application need not be made on notice if subclause (1) does not apply and the application, or an application of that kind, is not expressly required to be made on notice by the family law Act or District Courts Rule under which it is made or by any other of these rules, and the court is satisfied that— (a) the delay that would be caused by making the application on notice would or might entail,— (i) (ii) (iii) (iv) (v) in proceedings under the Oranga Tamariki Act 1989, serious in- jury or undue hardship, or risk to the personal safety of the child or young person who is the subject of the proceedings, or any per- son with whom that child or young person is residing, or both; and in proceedings under the Child Support Act 1991 or the Family Proceedings Act 1980 or the Care of Children Act 2004, serious injury or undue hardship, or risk to the personal safety of the ap- plicant, or any child of the applicant’s family, or both; and in proceedings under the Domestic Violence Act 1995, a risk of harm or undue hardship to the applicant, or any child of the appli- cant’s family, or both; and in proceedings under the Property (Relationships) Act 1976, irrep- arable injury; or in any other proceedings, undue delay or serious detriment to the applicant; or 127 Part 4 r 221 Family Court Rules 2002 Reprinted as at 14 July 2017 (b) (c) the application affects the applicant only or is in respect of a routine matter or is about a matter that does not affect the interests of any other person; or every person in respect of whom the order is sought has either died or cannot be found.
Rule 220(2)(a)(i): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Rule 220(2)(a)(ii): amended, on 1 July 2005, by rule 18 of the Family Courts Amendment Rules 2005 (SR 2005/101).
Who interlocutory applications to be heard and determined by 221 Applications to be heard and determined by Registrars (1) (2) (3) Except as provided otherwise in an Act or in any other provision of these rules, the jurisdiction of a Judge to hear and determine any application may be exer- cised by a Registrar.

If the Registrar has power to hear and determine an application, the application must be made to the Registrar in the first instance.
Subclause (2) does not apply if a Judge, on another application for the purpose, orders that the application be made to a Judge.

222 Applications to be heard and determined by Judges An application must be made to a Judge if— (a) (b) an Act or any of these rules requires that it be heard and determined only by a Judge; or a Registrar is not authorised by an Act or by any of these rules to hear and determine it.
Form of interlocutory applications 223 Form of applications (1) An application made on notice must be in form G 20.

(2) An application made without notice must be in form G 21 unless, on a request by, or on behalf of, the applicant, the Judge or Registrar permits the application to be made in another form (for example, orally at a hearing).
Compare: SR 1992/109 r 257 128 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 4 r 228 Evidence on interlocutory applications 224 Evidence on applications No affidavit need be filed with an application in the first instance, but the Judge or Registrar may direct evidence to be given in any manner the Judge or Regis- trar thinks fit.
Compare: SR 1996/148 r 64(1)(d) Where to file interlocutory applications 225 Where to file applications (1) An application to be made in writing in any proceedings must be filed in the court in which the proceedings were commenced (together with the number of copies of it (if any) that are required for service).
(2) However, if the proceedings have been transferred to another court (under rule 186) or transferred for hearing to another court (under rule 187), then the appli- cation (and the number of copies of it (if any) that are required for service) must be filed in that other court.

Compare: SR 1996/148 r 27(3) 226 How to file documents in court An application must be filed in accordance with rules 75 and 76.
227 Registrar may transfer for hearing to another court application accepted for filing (1) If an application is presented and accepted for filing in a court and the Regis- trar is satisfied that, because of the absence or unavailability of Judges at the court, the application can be more speedily heard and determined at another court, the Registrar may, on his or her own initiative or a request by any party to the application, order that the application be transferred for hearing to that other court.
(2) Rule 190 (procedure on transfer for hearing) applies to an application transfer- red under subclause (1).
Procedure for interlocutory applications without notice 228 Procedure if applications without notice accepted for filing (1) If an application made without notice is presented and accepted for filing in a court, the Judge or, as the case requires, the Registrar must,— (a) if he or she considers that no appearance by the applicant is required, make any order on the application he or she thinks fit or dismiss the ap- plication; or 129 Part 4 r 229 Family Court Rules 2002 Reprinted as at 14 July 2017 (b) if he or she considers that an appearance by the applicant is required, fix a date and time for the hearing of the application and inform the appli- cant of the date and time fixed for the hearing, under rule 234, of the ap- plication.
(2) Promptly after an application is disposed of under subclause (1)(a), the Regis- trar must give notice of the result to all parties to the proceedings (or to their lawyers).
Procedure for interlocutory applications on notice 229 Procedure if applications on notice accepted for filing (1) If an application made on notice is presented and accepted for filing in a court, the Registrar must either— (a) (b) immediately fix a date and time for the hearing of the application; or enter the application on the Registrar’s list (as defined in rule 8), so that the proceedings are regularly monitored, and managed and progressed either— (i) (ii) to resolution without a hearing; or to a point where the Registrar thinks fit to fix a date and time for the hearing of the application, and does so under this subpara- graph.
(2) Promptly after a date and time is fixed for the hearing of an application, under subclause (1)(a) or (b)(ii), the Registrar must— (a) (b) note the date and time fixed on the copies of the application filed for ser- vice; and issue for service (that is, make ready and complete for delivery to each person who may oppose, or be interested in, or likely to be affected by, the application) the copies of the application filed for service.
(3) Unless the court or the Registrar orders otherwise, the application must be served on each person who may oppose, or be interested in, or likely to be affected by, it, no later than the fourth working day before the date fixed for the hearing of the application.

230 Notice of opposition to application on notice (1) A party served with an application who intends to oppose the application must file and serve a notice of opposition.
(2) A notice of opposition must— (a) (b) state the party’s intention to oppose the application and the grounds of opposition; and refer to any particular enactments or principles of law or judicial deci- sions on which the party relies.
130 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 4 r 231 (3) A notice of opposition must be filed and served on every other party— (a) (b) within the period of 10 working days after service of the application; but if the hearing date for the application is within that 10-working-day period, not less than 3 working days before the hearing date.

Rule 230: replaced, on 17 November 2011, by rule 8 of the Family Courts Amendment Rules 2011 (SR 2011/349).
230A Affidavit to be filed with notice of opposition An affidavit setting out evidence in support of the notice of oppostion must be filed and served with the notice of opposition.

Rule 230A: inserted, on 17 November 2011, by rule 8 of the Family Courts Amendment Rules 2011 (SR 2011/349).

230B Affidavit in reply (1) Any person served with a notice of opposition and supporting affidavit may re- ply to any new matters raised in the notice of opposition or supporting affida- vit.
(2) A reply must be by an affidavit.

(3) An affidavit in reply must be filed and served on every other party— (a) (b) within the period of 5 working days after service of the notice of oppos- ition; but if the hearing date for the application is within that 5-working-day period, by 1 pm on the working day before that hearing date.

Rule 230B: inserted, on 17 November 2011, by rule 8 of the Family Courts Amendment Rules 2011 (SR 2011/349).
231 Where appearance at hearing of application on notice not required (1) Unless a court directs otherwise, an appearance by a party to an application is not required at any hearing of the application if— (a) the party, on being served with the application,— (i) (ii) consents in writing to the application; and files that consent in writing in the court; or (b) all parties file in the court— (i) (ii) written submissions on the application; and a request in writing to be excused from an appearance.
(2) The consent or request in writing may be informal, but must be signed by the party giving or filing it (or that party’s lawyer).
Compare: SR 1992/109 r 280(1), (2) 131 Part 4 r 232 Family Court Rules 2002 Reprinted as at 14 July 2017 232 Procedure if no appearance required at hearing of application on notice (1) An application on notice in respect of which no appearance is required may be disposed of at any time, even though the date and time fixed for the hearing of the application may not have arrived.
(2) Promptly after the application has been disposed of, the Registrar must give notice of the result to the applicant (or his or her lawyer) and to the following parties (or their lawyers): (a) (b) each party who filed in the court a consent in writing to the application (see rule 231(1)(a)): each party who filed in the court submissions on the application and a request in writing to be excused from an appearance (see rule 231(1)(b)).
Compare: SR 1992/109 r 280(3) Hearing of interlocutory applications 233 Hearing in court or in Chambers An application may be heard either in court or in Chambers.

Compare: SR 1996/148 r 64(1)(a) 234 Hearing of applications (1) (2) In addition to all other powers given to the Registrar by these rules, the Regis- trar has the jurisdiction and powers of the court in Chambers to adjourn a hear- ing of an application, reserving to the court the costs of or arising out of the adjournment.
If, at the hearing of an application, an appearance by the applicant is required but he or she fails to appear, the court or Registrar may strike out the applica- tion, adjourn it, or deal with it in any other way the court or Registrar thinks fit.

(3) An application struck out under subclause (2) may be reinstated by the court on any terms the court thinks fit.
(4) If, at the hearing of an application, an appearance by a respondent is required but the respondent fails to appear, the court or Registrar may dispose of the ap- plication in the absence of the respondent, adjourn it, or deal with it in any other way the court or Registrar thinks fit.
(5) Without limiting the generality of subclause (2) or subclause (4), the hearing of an application may be adjourned from time to time on any terms (for example, as to the application being entered on the Registrar’s list (as defined in rule 8)) the court or Registrar thinks fit.

(6) On hearing an application, the court or Registrar may make any order the court or Registrar thinks fit.

(7) Rules 196 to 206 apply in respect of judgments and orders.
Compare: SR 1992/109 rr 283, 284, 293(b) 132 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 4 r 238 235 Registrar may refer application to Judge A Registrar to whom an application is made and who is in doubt as to the prop- er order to be made on the application may refer it to a Judge immediately or at the next convenient opportunity, and the Judge may hear and determine the ap- plication and make any orders the Judge thinks fit.
Compare: SR 1996/148 r 64(1)(g) Registrar’s order on interlocutory application may be varied or rescinded 236 Judge may vary or rescind order made by Registrar (1) (2) This rule applies to a party if a Registrar has made an order on an application, and the party is dissatisfied with the order.

The party may, by another application that must be made on notice, ask a Judge (who need not be a Judge before whom other applications in the proceedings are pending) to vary or rescind the order.
(3) On hearing the other application, the Judge may vary or rescind the order.
Enforcement of orders made on interlocutory applications 237 Enforcement of orders (1) If a party to proceedings defaults in complying with an interlocutory order (that is, an order made on an application),— (a) (b) (c) if the party in default is the applicant in the proceedings, a court may order that the proceedings be stayed or dismissed as to the whole or any part of the relief claimed by the applicant in the proceedings: if the party in default is a respondent in the proceedings, a court may order that the party’s defence be struck out: subject to section 79 of the District Courts Act 1947, a court may order that the party in default be committed.
(2) (3) The court may make an order under subclause (1) on its own initiative or on another application for the purpose.

This rule is subject to any express provision to the contrary in any of these rules.
Compare: SR 1992/109 r 299(1) Costs of interlocutory applications 238 Costs The costs of an application— (a) are in the discretion of the court; and 133 Part 5 r 239 Family Court Rules 2002 Reprinted as at 14 July 2017 (b) if allowed, are costs in the proceedings unless the court or Registrar orders otherwise.
Compare: SR 1996/148 r 64(1)(h) Part 5 Special rules for proceedings under certain family law Acts 239 Overview of this Part (1) (2) This Part contains special rules for proceedings under certain family law Acts.

It should be read with, and contains rules that modify, all other Parts of these rules.
(3) It contains rules relating to proceedings under the following family law Acts: (a) (b) (c) Adoption Act 1955 (see rules 240 to 253): Child Support Act 1991 (see rules 254 to 273): Oranga Tamariki Act 1989 (see rules 274 to 303): (d) Domestic Violence Act 1995 (see rules 304 to 332): (e) (f) (g) (h) Family Proceedings Act 1980 and subpart 4 of Part 2 of the Care of Children Act 2004 (which relates to international child abduction) (see rules 333 to 376): Family Protection Act 1955 and Law Reform (Testamentary Promises) Act 1949 (see rules 377 to 387): Property (Relationships) Act 1976 (see rules 388 to 404): Protection of Personal and Property Rights Act 1988 (see rules 405 to 416).
(4) This rule is only a guide to the general scheme and effect of this Part.

Rule 239(3)(c): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Rule 239(3)(e): amended, on 31 March 2014, by rule 26 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
240 Interpretation Adoption Act 1955 In rules 241 to 253, unless the context otherwise requires,— Act means the Adoption Act 1955 applicants, in relation to an application for an adoption order, includes a sole applicant for the order.

241 Forms (1) The forms set out in Schedule 2 must be used in proceedings under the Act.

134 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5 r 244 (2) Subclause (1) is subject to rule 246(2).
242 Applicants to identify child to be adopted but not named in application for adoption order If an application for an adoption order in respect of a child does not include the child’s name (for example, because the child has not yet been named), the ap- plicants must, at or before the hearing of the application, provide evidence of the child’s identity (for example, evidence that the child is the one of a particu- lar sex born to a certain woman on a certain date).
Compare: SR 1959/109 r 6 243 Social worker to ask Police about character of applicants before furnishing report A social worker required under section 10(1) of the Act to furnish a report on an application for an adoption order— (a) must, before furnishing the report, ask the New Zealand Police whether anything is known to them about the character of the applicants; and (b) must make known to the court the results of that inquiry.
Compare: SR 1959/109 r 7 244 Affidavit to be filed with, or before hearing of, application for adoption order Applicants for an adoption order must file with the documents to be filed to make their application (see rule 20(1)(c)), or file in the court before the hear- ing, an affidavit that— (a) (b) (c) (d) (e) (f) (g) states their ages: gives information about their state of health: gives particulars of their financial circumstances: states the sex, age, and state of health of any child of the applicants or of either applicant: gives their reasons for wanting to adopt the child: states the period (if any) during which the child has been living in the home of the applicants or of either applicant: states that no payment or reward in consideration of the adoption or of the making of arrangements for the adoption has been or will be made to or by the applicants or to or by either of them, or (to their knowledge) to or by any other person, other than— (i) (ii) a payment or reward for which the court’s consent has been given; or a payment or reward for which the court’s consent is being asked; or 135 Part 5 r 245 Family Court Rules 2002 Reprinted as at 14 July 2017 (iii) a payment referred to in the proviso to section 25(1), or in section 25(2), of the Act: contains a statement or undertaking (as the case requires) in relation to any religious condition imposed by any parent or guardian under section 7(4) or (6) of the Act: if either applicant is a parent of the child, states that fact: states whether the applicants or either of them has ever before applied for, but been refused, an adoption order.
(h) (i) (j) Compare: SR 1959/109 r 8(1) 245 Other documents to be filed with, or before hearing of, application for adoption order (1) Applicants for an adoption order must file with the documents required to be filed to make their application (see rule 20(1)(d)), or file in the court before the hearing,— (a) a certified copy of the birth certificate of the child proposed to be adop- ted, which must be— (i) (ii) annexed to the consent to the adoption given by either parent of the child (if any); or verified by the affidavit of some person who has knowledge of the facts to which the certificate relates; and (b) if there are 2 applicants, a certified copy of their marriage or civil union certificate.
(2) However, the court may, if it thinks fit (either on its own initiative or on an interlocutory application for the purpose) excuse the applicants from comply- ing with some or all of the requirements of subclause (1)(a) or (b).

Compare: SR 1959/109 rr 8(2), 13(2) Rule 245(1)(b): amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory Referen- ces) Act 2005 (2005 No 3).
246 Form of consent to adoption (1) Every consent to the adoption of a child given by a parent or guardian of the child must be in form A 4 (consent to adoption order) or form A 5 (consent to adoption order [if identity of applicants is not known]).

(2) However, a consent to the adoption of a child given by the chief executive, under section 7(4) or (5) of the Act, need not be in form A 4 or form A 5.
Compare: SR 1959/109 r 9(1) 247 If applicants’ identity not disclosed, social worker to give evidence that consent to adoption relates to applicants If a person’s consent to an adoption order in respect of a child is in form A 5 (consent to adoption order [if identity of applicants is not known]) and does not 136 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5 r 252 give the file number of the application for the order, evidence identifying the applicants for the order as the people to whose adoption of the child the person consented must be furnished at or before the hearing of the application.
Compare: SR 1959/109 r 9(1) 248 Lawyers for applicants for adoption order not to witness consents to adoption order required by Act No lawyer acting for applicants for an adoption order may witness any consent to the adoption order required by the Act.
Compare: SR 1959/109 r 9(2) 249 Attendance of parties at hearing The applicants and the child proposed to be adopted must attend personally at any hearing of an application for an adoption order or for the issue of an adop- tion order unless the court directs otherwise on its own initiative or on an inter- locutory application for the purpose.
Compare: SR 1959/109 r 10 250 Registrar to give notice of making of interim order If, on an application for an adoption order, the court makes an interim order in favour of the applicants, then, promptly after the making of the order, the Registrar must— (a) (b) send the applicants a notice of the making of the order in form A 6 (no- tice of interim order); and give the social worker a written notice setting out the particulars of the order.
Compare: SR 1959/109 r 11 251 Form of application for issue of adoption order An application for the issue of an adoption order must be in form A 7 (applica- tion for issue of adoption order after interim order has been made).
Compare: SR 1959/109 r 12 252 Adoption order (1) If an adoption order is issued or made, then, promptly after the issue or making of the order, the Registrar must send notice in form A 8 of the issue or making of the order to— (a) (b) the applicants or the lawyer acting for them: the social worker.
(2) An adoption order in form A 9 (adoption order [if issued by Registrar]) or form A 10 (adoption order [if dealt with finally by the court]) must be drawn up and filed in the court, but no copy of an adoption order may issue out of the court except— 137 Part 5 r 253 Family Court Rules 2002 Reprinted as at 14 July 2017 (a) (b) by order of the court made on special grounds; or by order of the High Court made on special grounds.
Compare: SR 1959/109 r 13 253 Directions as to service of application for variation or discharge of adoption order An application for the variation or discharge of an adoption order must be served on the people (if any) the court directs on its own initiative or on an interlocutory application for the purpose.
Compare: SR 1959/109 r 14 Child Support Act 1991 254 Interpretation In rules 255 to 273, unless the context otherwise requires,— Act means the Child Support Act 1991 applicant includes an appellant application includes a notice of appeal Commissioner means the Commissioner of Inland Revenue.

255 Forms The forms in Schedule 3 must be used in proceedings under the Act.
256 Applications without notice (1) The following applications may be made without notice: (a) (b) (c) (d) (e) (f) an application for a suspension order under section 117(5) of the Act: an application for an order under section 120(2) of the Act dispensing with security for an appeal to the High Court against an order or declar- ation of a court under the Act: an application for a charging order under section 184 of the Act: an application for a receiving order under section 187 of the Act: an application for a warrant of arrest of a liable person under section 199 of the Act: an application for an order restraining the disposition of any property under section 200 of the Act.
(2) An application may also be made without notice if that is authorised under sec- tion 224 of the Act (which relates to proceedings where the respondent is ab- sent from New Zealand or cannot be found).

(3) Nothing in subclause (1) or subclause (2) prevents other applications being made without notice, if that is authorised by the Act or another of these rules.
138 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5 r 261 (4) If an order is made against a person on an application without notice, under rule 24(2) or subclause (1) or subclause (2), the person may apply under rule 34(c) to vary or rescind the order.
Compare: SR 1992/58 r 16(1) 257 Affidavits in support to be filed to make certain applications without notice Applicants under the Act who make an application without notice under rule 24(2)(b) or rule 256(1) (except paragraph (e)) must file with the other docu- ments to be filed to make the application (see rule 20(1)(c)) an affidavit made by the applicant or some other person deposing to the matters on which the ap- plication is based.
Compare: SR 1992/58 r 16(5) 258 Affidavits in support to be filed to make certain applications on notice Applicants under the Act who make an application on notice (except an appli- cation for an urgent maintenance order under section 116 of the Act) must file with the other documents to be filed to make the application (see rule 20(1)(c)) an affidavit made by the applicant or some other person deposing to the matters on which the application is based.
Compare: SR 1992/58 r 13(1) 259 Affidavit required by rule 258 to have exhibits if application is notice of appeal under certain sections of Act If the application is a notice of appeal under section 100 or section 101 or sec- tion 102 or section 103 of the Act, the affidavit required by rule 258 must ex- hibit— (a) (b) a copy of the appellant’s notice of objection to the Commissioner; and a copy of the Commissioner’s notice of disallowance.
Compare: SR 1992/58 r 13(2) 260 Affidavit of financial means and their sources to be filed to make application under section 116 of Act Applicants for an urgent maintenance order must file with the other documents to be filed to make the application (see rule 20(1)(c)) an affidavit in form CS 28 (affidavit of financial means and their sources).
Compare: SR 1992/58 r 19 261 Filing of application if Commissioner is party to proceedings If the Commissioner is the applicant or respondent in proceedings under the Act, the application must be filed in the court nearest to where the other party resides.
Compare: SR 1992/58 r 18(2) 139 Part 5 r 262 Family Court Rules 2002 Reprinted as at 14 July 2017 262 Copy of documents filed to make application to be sent to Commissioner in certain cases (1) As soon as practicable after accepting for filing documents of a kind specified in subclause (2), the Registrar must send a copy of those documents to the Commissioner.
(2) The documents are those required to be filed to make an application under the following sections of the Act: (a) section 99 (declarations in respect of step-parents): (aa) section 103B (appeal by respondent from determination under Part 6A): (b) (c) (d) (e) section 104 (application for departure from formula assessment in spe- cial circumstances): section 108 (application for order for provision of child support in form of lump sum): section 112 (discharge, suspension, revival, and variation of orders): section 113 (power to set aside agreements).
Rule 262(2)(aa): inserted, on 7 August 2008, by rule 21 of the Family Courts Amendment Rules 2008 (SR 2008/207).

263 Notice by advertisement by order under section 224 of Act (1) (2) (3) If the court makes an order under section 224 of the Act to bring the proceed- ings to the knowledge of the person to be served by advertisement, the adver- tisement must be in form G 10 (which applies with all necessary modifica- tions).
In a case of that kind, the names of the newspapers in which the advertisement is published and the respective dates of publication must be shown in an affida- vit in form G 11 (which applies with all necessary modifications).

The affidavit must be filed in proof of the due publication of the advertisement, and extracts showing those advertisements and taken from those newspapers must be attached to the affidavit as exhibits.
Compare: SR 1992/58 r 33(3) 264 Notice of defence A person served with documents relating to an application under the Act may, within the time specified in or under rule 41, file in court and serve on the ap- plicant, under rule 40, a notice of defence to the application.

Compare: SR 1992/58 r 22 265 Affidavit to accompany notice of defence (1) A notice of defence must be accompanied by an affidavit made by the person filing and serving the notice of defence or by some other person.
(2) An affidavit of the kind referred to in subclause (1) must— 140 Reprinted as at 14 July 2017 (a) (b) (c) Family Court Rules 2002 Part 5 r 267 dispose of the matters raised in the affidavit filed to make the applica- tion; and refer to matters on which the defence is based; and be served with the notice of defence.
Compare: SR 1992/58 r 23 266 Further information to be filed and served before hearing (1) All parties to proceedings under the Act (other than the Commissioner) must, at least 10 working days before the hearing of the application,— (a) file in the court an affidavit in form CS 28 (affidavit of financial means and their sources); and (b) serve a copy of the affidavit on all other parties.
(2) A liable person who is a party to the proceedings must, at least 10 working days before the hearing of the application, file in the court, and serve on all other parties to the proceedings, the latest notice of assessment given by the Commissioner to the liable person.
267 Fixing date and time for hearing (1) Unless a Judge in a particular case orders otherwise, no date and time may be fixed for the hearing of an application under the Act before the time for filing a notice of defence, specified in or under rule 41, has expired.
(2) The Registrar must fix a date and time for the hearing of an application under the Act if subclause (1) does not prevent that and there is filed in the court an application for a fixture for the hearing in form G 17 signed by, or on behalf of, all parties to the proceedings.
(3) However, the Registrar may fix a date and time for the hearing,— (a) even though the application for a fixture is signed by one party alone, if the Registrar is satisfied that— (i) (ii) the persons who have not signed the application have refused to do so; and none of those persons has, in the circumstances, a reasonable rea- son for refusing to sign the application; or (b) even though no application for a fixture for the hearing has been filed, if the Registrar is satisfied that the time for filing the notice of defence has expired.
(4) A Registrar who fixes a date and time under subclause (3)(a) must note on the application that the Registrar has done so.

(5) The Registrar must give notice of the date and time of the hearing to— (a) the applicant; and 141 Part 5 r 268 Family Court Rules 2002 Reprinted as at 14 July 2017 (b) (c) the respondent, if the respondent has filed an address for service or has been served with the proceedings; and any person who has intervened in the proceedings under section 125 of the Act.
(6) All parties must give the Registrar, without delay, all available information af- fecting any estimated length of the hearing.
Compare: SR 1992/58 r 25 268 Respondent added as party (1) If a party is added as a respondent to proceedings under the Act, under rule 133(1)(b), the court may adjourn the hearing for a period and on any terms that the court considers appropriate to enable the party added to be served with— (a) (b) a notice in form CS 25 (notice of application to respondent); and a copy of the documents issued for service in relation to the application concerned.
(2) However, service of the documents referred to in subclause (1) may be dis- pensed with if— (a) the adding of the party takes place at a hearing and the party being added as a respondent is present at the hearing; and (b) the court is satisfied that the party added will not be prejudiced.
Compare: SR 1992/58 r 45 269 Procedure on intervention A person who wishes, under section 125 of the Act, to intervene in, and contest and argue any question arising in, proceedings under the Act to which he or she is not otherwise a party must— (a) (b) file a notice of intervention in form CS 27 (notice of intervention); and serve a copy of the notice on every party to the proceedings.
Compare: SR 1992/58 r 44 270 Order of priority of warrants to seize property (1) A Registrar must note on a request for the issue of a warrant to seize property the precise time of the request.

(2) (3) If a warrant to seize property is issued, the Registrar must endorse the warrant with the precise time of the request.

If more than 1 warrant to seize property is issued against the same person, the warrants must be executed in order of the times of the making of the requests noted under subclause (1).
(4) A warrant issued under section 183 of the Act must rank in order of priority with a warrant to seize property issued under the District Courts Act 1947.

Compare: SR 1981/261 r 83; SR 1992/58 r 55 142 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5 r 272 Rule 270 heading: replaced, on 14 April 2014, by rule 4(1) of the Family Courts Amendment Rules (No 3) 2013 (SR 2013/414).

Rule 270(1): amended, on 14 April 2014, by rule 4(2) of the Family Courts Amendment Rules (No 3) 2013 (SR 2013/414).
Rule 270(2): amended, on 14 April 2014, by rule 4(2) of the Family Courts Amendment Rules (No 3) 2013 (SR 2013/414).

Rule 270(3): amended, on 14 April 2014, by rule 4(2) of the Family Courts Amendment Rules (No 3) 2013 (SR 2013/414).

Rule 270(4): replaced, on 14 April 2014, by rule 4(3) of the Family Courts Amendment Rules (No 3) 2013 (SR 2013/414).

Rule 270(4): amended, on 1 July 2014, by rule 25 of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).
271 Bond by receiver A person appointed under section 187 of the Act as a receiver of property to which a respondent is entitled must, before acting as receiver, give security for the due administration of the receivership to the Registrar’s satisfaction unless the person is— (a) (b) (c) Public Trust (as defined in section 4 of the Public Trust Act 2001); or the Māori Trustee; or a trustee company as defined in section 2 of the Trustee Companies Act 1967.
Compare: SR 1981/261 r 85; SR 1992/58 r 58 Rule 271(b): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

272 Procedure on arrest of respondent other than in respect of offence (1) This rule— (a) applies if a respondent is arrested and brought before the court on a war- rant issued other than in respect of an offence; and (b) is subject to sections 193(3) and 194(6) of the Act.
(2) The court before which the respondent is brought may adjourn the hearing to another time and place and— (a) (b) (c) allow the respondent to go at large; or subject to any conditions the court thinks proper in the circumstances, grant the respondent bail— (i) on the respondent’s own recognisance; or (ii) with a number of sureties that the court thinks fit, and for an amount that the court thinks proper in the circumstances; or if the court considers that the attendance of the respondent at the hearing is necessary in the interests of justice but also considers that the respond- ent is unlikely to appear at the hearing, or may attempt to leave New 143 Part 5 r 273 Family Court Rules 2002 Reprinted as at 14 July 2017 Zealand with intent to defeat the course of justice, remand the respond- ent in custody for— (i) (ii) a period of not longer than 8 days; or a period longer than 8 days, but only if the respondent consents to that period.
(3) The court may extend the period of an adjournment, bail, or remand under sub- clause (2) until the proceedings in respect of which the warrant was issued are finished.
(4) A Judge may issue a warrant to arrest a respondent and bring the respondent before the court if— (a) the respondent was allowed to go at large but failed to attend at the time and place to which the hearing had been adjourned; or (b) the respondent was released on bail but— (i) failed to attend personally at the time and place specified in the bond; or (ii) failed to comply with any condition fixed in the bond.
(5) Section 39 of the Bail Act 2000 applies as far as applicable and with all neces- sary modifications to a respondent released on bail who fails to comply with the bond issued.

Compare: SR 1981/261 r 74; SR 1992/58 r 57 Rule 272(5): amended, on 1 July 2013, by rule 4 of the Family Courts Amendment Rules 2013 (SR 2013/181).
273 Commissioner to receive copy of order made under Act Where the court makes an order under the Act, the Registrar or other respon- sible officer of the court must, within 14 days after the day on which the order is made, send a certified or sealed copy of the order to the Commissioner in accordance with section 126 of the Act.
Compare: SR 1992/58 r 35(4) Oranga Tamariki Act 1989 Heading: amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Fami- lies (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
274 Interpretation In this rule and rules 275 to 303, unless the context otherwise requires,— Act means the Oranga Tamariki Act 1989 chief executive means the chief executive of the department department means the department that is, with the authority of the Prime Min- ister, for the time being responsible for the administration of the Act.
144 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5 r 278 Rule 274 Act: amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

275 Forms The forms set out in Schedule 4 must be used in proceedings under the Act.
276 Applications without notice (1) The following applications may be made without notice: (a) (b) an application for the issue of a summons under section 85 of the Act: an application for a restraining order under section 87 of the Act (includ- ing an application made under section 88 of the Act for an interim order under section 87 of the Act, made pending the determination of an appli- cation for a declaration under section 67 of the Act), but only if the court is satisfied that the delay that would be caused by proceeding on notice would or might entail— (i) (ii) serious injury or undue hardship; or risk to the personal safety of the child or young person who is the subject of the proceedings or any person with whom that child or young person is residing: (c) an application for an order, or the issue of a warrant, or both, under sec- tion 205 of the Act.
(2) Nothing in subclause (1) prevents other applications being made without no- tice, if that is authorised by the Act or another of these rules.

(3) If an order is made against a person on an application without notice, under rule 24(2) or subclause (1), the person may apply under rule 34(c) to vary or rescind the order.
Compare: SR 1989/295 rr 54(2)–(6), 55A(1), (2) 277 Filing of applications Every application under the Act must be filed in the court nearest by the most practicable route to the place where the child or young person in respect of whom the application is made resides.
Compare: SR 1989/295 r 17(1) 278 Procedure if restraining order made without notice (1) (2) If a restraining order is made on an application without notice, the court must fix a date (which must be as soon as reasonably practicable after the making of the order) for a hearing on whether or not the order should be confirmed.
The copy of the order served on the person whose conduct is restrained by it must notify that person that, unless he or she attends on the date fixed to show cause why the order should not be confirmed, the court may confirm the order.

(3) The order ceases to have effect on the close of the date fixed unless— 145 Part 5 r 279 Family Court Rules 2002 Reprinted as at 14 July 2017 (a) (b) it is sooner discharged; or the court, on that date, confirms the order (whether with or without vari- ation).
(4) At the hearing on whether or not the restraining order should be confirmed, the court may— (a) (b) (c) (d) (e) discharge the order; or confirm the order; or confirm the order but vary the conduct restrained by it; or adjourn the hearing to another time and place; or enlarge the date and time for the hearing if, despite reasonable efforts to do so, the order has not been served on the person whose conduct is re- strained by it.
(5) If the court adjourns a hearing to another day under subclause (4)(d), the court must, at the adjourned hearing, exercise 1 only of the powers stated in sub- clause (4)(a) to (c).

(6) In this rule, date fixed means whichever is the latest of the following dates: (a) (b) (c) the date fixed by the court under subclause (1): a date to which the hearing is adjourned under subclause (4)(d): a date to which the date for the hearing is enlarged under subclause (4)(e).
Compare: SR 1989/295 rr 55A(3), 55B 279 Application under section 67 of Act to be accompanied by documents on family group conference (1) For every application for a declaration under section 67 of the Act, the docu- ments required to be filed to make the application (see rule 20(1)(d)) include— (a) (b) a duly completed certificate in form CYPF 3 (certificate as to holding of family group conference), certifying that a family group conference has been held; and if a family group conference has been held in relation to the matter that forms the ground on which the application is made, a copy of the written record made under section 29(3) of the Act in relation to that conference.
(2) However, subclause (1) does not apply if, under section 70(2)(a) or (b) or (ba) of the Act, the application may be made without a family group conference having been held.
Compare: SR 1989/295 r 15(1), (2) 280 Service of application under section 44 of Act (1) An application made to the court under section 44 of the Act in respect of a child or young person must be served on— 146 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5 r 282 (a) the principal manager of the department for— (i) (ii) the area in which the child or young person resided immediately before being placed in the custody of the chief executive; or the area in which the child or young person is residing at the time of the application; and (b) if the child or young person has been placed in a residence established under section 364 of the Act, the manager of that residence.
Subclause (1)(b) does not apply if the applicant is not informed, in writing, be- fore the application is made, that the child or young person has been placed in the residence.

Every application to which this rule applies must be served a reasonable time before the hearing of the application.
(2) (3) (4) Service of an application to which this rule applies must be effected— (a) (b) by personal service; or by leaving it with a person who indicates that he or she is authorised to accept service of the application on behalf of the person to be served.
Compare: SR 1989/295 r 35 281 Who must be served with or given copy of certain other applications under Act (1) (2) (3) (4) (5) Sections 152 and 153 and 155 of the Act affect who must be served with or given a copy of an application for a declaration under section 67 of the Act.

Sections 154 and 155 of the Act affect who must be served with a copy of an application for variation or discharge of an order under section 125 of the Act.
Section 207L of the Act affects who must be served with an application by the chief executive for the transfer of a protection order under section 207K of the Act.

Section 207R of the Act affects who must be served with an application by the chief executive for the transfer of protection proceedings under section 207Q of the Act.
Section 207ZE of the Act affects who must be served with an application under section 207ZD of the Act (that is, an application to have revoked the registra- tion of an order under section 207X of the Act).
282 Service on chief executive If the chief executive is a party to proceedings under the Act, a document re- quired to be served on the chief executive in the proceedings must be served— (a) by delivering the document to the principal manager of the department for the area in which the child or young person who is the subject of the proceedings resides; or 147 Part 5 r 283 Family Court Rules 2002 Reprinted as at 14 July 2017 (b) by leaving the document with an employee of the department who indi- cates that he or she is authorised to accept service on behalf of the chief executive.
Compare: SR 1989/295 r 39 283 Service on social worker or constable (1) (2) If a person to be served with a document in proceedings under the Act is a party to the proceedings in his or her capacity as a social worker, it is sufficient service to deliver the document to be served to any social worker.
If a person to be served with a document in proceedings under the Act is a party to the proceedings in his or her capacity as a constable, it is sufficient ser- vice to deliver the document to be served to any constable.

Compare: SR 1989/295 r 40 Rule 283 heading: amended, on 1 October 2008, pursuant to section 116(a)(i) of the Policing Act 2008 (2008 No 72).

Rule 283(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
284 Directions as to service (1) The applicant may, and must on the direction of a Registrar, make an interlocu- tory application without notice to the court for a direction that a person who is not a party be served, if an application is required by the Act or these rules to be served— (a) (b) on a person specified by the court; or on a person the court directs.
(2) However, only in the circumstances stated in subclause (3) may a Registrar di- rect that an application be made under subclause (1) in respect of an applica- tion— (a) (b) for a declaration under section 67 of the Act; or under section 125 of the Act.
(3) The circumstances are that it appears from the application for a declaration under section 67 or the application under section 125 of the Act, and any docu- ments filed with it, or from any other documents held by the court, that a per- son who is not a party to the proceedings has an interest in the proceedings and should be served.

(4) An application under subclause (1) must state the reasons why the person spe- cified in the application should be served.
If the court is satisfied that the person specified in the application should be served, it must direct accordingly.

This rule, so far as applicable and with all necessary modifications, applies in respect of every application notice of which is required by the Act or these rules to be given— (5) (6) 148 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5 r 286 (a) (b) to any person specified by the court; or to such person or persons as the court directs.
Compare: SR 1989/295 r 41 285 Notice of application under section 371 or section 377 of Act (1) In this rule, application means an application under section 371 or section 377 of the Act.

(2) Notice of the application must be accompanied by a copy of it, and the copy must have written on it the time and place of the hearing.
(3) Written notice of the application required to be given to a person must be given— (a) (b) by personally delivering it to that person, or by bringing it to his or her attention if he or she refuses to accept it, at least 24 hours before the time of hearing; or by posting it in a letter addressed to that person at that person’s last known or usual place of residence, at least 48 hours before the time of hearing.
(4) If written notice of the application is given to a person in accordance with sub- clause (3)(b), the applicant must also, where practicable, cause that person to be notified, by telephone, of the time and place of the hearing.

Compare: SR 1989/295 rr 69(3)(b), 70 286 Notice of application under section 380 of Act (1) In this rule, application means an application under section 380 of the Act.
(2) Notice of the application must be accompanied by a copy of the documents re- quired to be filed to make the application, which must have written on them the time and place of the hearing.
(3) Written notice of the application required to be given to a person must be given at least 24 hours before the time of hearing and,— (a) (b) if the person is the manager of the residence in which the child or young person to whom the application relates is detained in secure care, by per- sonally delivering it to that manager or to another person who indicates that he or she is authorised to accept the notice on behalf of that manag- er: if the person is any other person, by personally delivering it to him or her, or by bringing it to his or her attention if he or she refuses to accept it.
Compare: SR 1989/295 rr 69(3)(b), 71 149 Part 5 r 287 Family Court Rules 2002 Reprinted as at 14 July 2017 287 Proof of giving of notice of application under section 371 or section 377 or section 380 of Act (1) (2) (3) If notice is given of an application under section 371 or section 377 of the Act, that notice may be proved by showing the fact and the date and mode of the giving of the notice in a certificate attached to the application or a copy of it.
The certificate must be signed by the manager of the residence in which the child or young person to whom the application relates is detained in secure care or by a social worker acting on the manager’s behalf.
It is not necessary to prove that notice of an application under section 380 of the Act has been given to the manager of the residence in which the child or young person to whom the application relates is detained in secure care if that manager or any social worker employed in that residence appears, either per- sonally or by a lawyer, at the hearing of the application.

(4) If it is necessary to prove the giving of notice of an application under section 380 of the Act, it must be proved by affidavit.
Compare: SR 1989/295 r 72 288 Procedure if notice of certain applications under Act not given within time prescribed If a person is given notice of an application under section 371 or section 377 or section 380 of the Act, but not within the time prescribed by rule 285 or rule 286, the court may— (a) hear the application, if the court is satisfied that the person is not preju- diced by that failure; or (b) adjourn the hearing until a time and on any terms the court thinks fit.
Compare: SR 1989/295 r 73 289 Documents filed on family group conference If a family group conference was held in respect of a child or young person who is the subject of proceedings in a court under the Act, the following docu- ments must be filed in the court (see rule 20(1)(d)): (a) (b) a duly completed certificate in form CYPF 3, certifying that the family group conference has been held; and a copy of the written record made under section 29(3) of the Act in rela- tion to the conference.
Compare: SR 1989/295 r 15(3) 290 Notice of appointment of lawyer or lay advocate If, in proceedings under the Act, the court makes an appointment under section 159 or section 160 or section 163 of the Act, the Registrar must give notice of the appointment to— (a) the appointee; and 150 Reprinted as at 14 July 2017 (b) (c) Family Court Rules 2002 Part 5 r 292A every party to the proceedings; and if the appointment is under section 160 of the Act,— (i) (ii) the lawyer representing the child or young person who is the sub- ject of the proceedings; and any lay advocate appointed to appear in support of that child or young person in the proceedings.
Compare: SR 1989/295 r 22 291 Notice of intention to appear (1) A party to proceedings under the Act may file in court and serve, under rule 40, a notice of intention to appear and be heard in relation to the application, but, if the party does so, the party must also serve the notice on the lawyer represent- ing the child or young person to whom the application relates.
(2) For the purposes of rule 41(a), the period within which the party must serve a notice of intention to appear is 7 days after receiving service of the application.
Compare: SR 1989/295 r 20(1) 292 Mediation conference (1) A request to the Registrar, under section 170(1) of the Act, for a mediation con- ference may be made— (a) (b) by a Judge, at any stage of the proceedings; and by a person referred to in section 170(1)(a) to (d) of the Act, at any time before the hearing of the proceedings has commenced.

(2) The request may be made orally or in writing but, if made orally, must be con- firmed in writing as soon as possible.
Compare: SR 1989/295 r 23 292A Mediation conference becomes judicial conference if agreement cannot be reached (1) If the Judge presiding over a mediation conference is satisfied that no agree- ment can be reached on a solution for the problem in respect of which the exer- cise of the court’s jurisdiction is sought, the Judge must, as soon as practicable, indicate to the persons attending the conference that he or she has formed that view.
(2) When an indication has been given under subclause (1), the mediation confer- ence becomes a judicial conference and the Judge may make any orders and directions that a Judge may make under rule 295A.
(3) When a mediation conference becomes a judicial conference, any of the fol- lowing persons present must leave the conference room if requested to do so by the Judge: 151 Part 5 r 293 Family Court Rules 2002 Reprinted as at 14 July 2017 (a) the child or young person who is the subject of the proceedings in re- spect of which the mediation conference was held: (b) any other person who is not referred to in rule 294(3).
Rule 292A: inserted, on 27 May 2010, by rule 9 of the Family Courts Amendment Rules 2010 (SR 2010/97).

293 Change of Judge after mediation conference A Judge who presides over a mediation conference relating to an application under the Act and decides that he or she should not hear any later proceedings relating to the application must make a note to that effect in his or her record of the mediation conference.
Compare: SR 1989/295 r 24 294 Judicial conference: how convened (1) The Registrar must arrange for a judicial conference to be convened if— (a) an application is made to the court— (i) (ii) for a declaration under section 67 of the Act; or under section 125 of the Act; and (b) the Registrar is satisfied that— (i) (ii) all persons on whom a copy of the application is required to be served have been so served; and if service of the application on any person has been dispensed with, the terms and conditions (if any) imposed by the court in re- spect of that dispensation have been observed or complied with; and (iii) the time within which the parties may file a notice of intention to appear has expired, or all the parties have filed such a notice.
(2) The court may direct that a judicial conference be convened at any stage of proceedings under the Act, either on its own initiative or on a request by— (a) (b) (c) a party to the proceedings; or the lawyer representing the child or young person who is the subject of the proceedings; or the lay advocate appointed to appear in support of that child or young person.
(3) The Registrar must give notice of the time and place for the holding of the judicial conference to— the parties to the proceedings; and the lawyer representing the child or young person who is the subject of the proceedings; and (a) (b) 152 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5 r 295A (c) any lay advocate appointed to appear in support of that child or young person in the proceedings.
Compare: SR 1989/295 r 26(1), (2), (4) 295 Judicial conference: nature and purpose (1) Every judicial conference is presided over by a Judge, and every person who is entitled to be present at the hearing of an application under the Act is entitled to be present at, and to participate in, the judicial conference.
(2) The purpose of a judicial conference is as follows: (a) if the conference is convened under rule 294(1) in respect of an applica- tion for a declaration under section 67 of the Act, to consider— (i) whether a direction should be made under section 74 of the Act; and (ii) whether an order should be made under section 78 or section 88 or section 92 of the Act pending the determination of the application; and (iii) whether an order of that kind, or any condition of an order of that kind, should be varied, suspended, cancelled, or discharged: to consider whether a mediation conference should be convened under section 170(1) of the Act: if the application has not been set down for hearing, to fix a date and time for the hearing of the application: to consider whether the court should make another order that it is em- powered, by the Act or these rules, to make pending the determination of the application.
(b) (c) (d) (3) [Revoked] Rule 295(3): revoked, on 1 November 2009, by rule 25 of the Family Courts Amendment Rules (No 2) 2009 (SR 2009/292).

295A Judicial conference: orders and directions pending determination of application (1) At a judicial conference, the presiding Judge may, pending determination of an application, make any orders and directions that the Judge is empowered to make by— (a) (b) the Act; or these rules.
(2) Without limiting the generality of subclause (1), the Judge may do any of the following: (a) make a direction under section 74 of the Act: 153 Part 5 r 295B Family Court Rules 2002 Reprinted as at 14 July 2017 (b) make an order that the court is empowered to make under section 78, 88, or 92 of the Act: (c) make an order that the court is empowered to make under section 127 of the Act in respect of an order, or any condition of an order, made under any of those sections referred to in paragraph (b): (d) ask the Registrar to convene a mediation conference under section 170 of the Act: (e) fix a date and time for the hearing of the application.
Rule 295A: inserted, on 1 November 2009, by rule 26 of the Family Courts Amendment Rules (No 2) 2009 (SR 2009/292).
295B Judicial conference: order determining application (1) This rule applies where a party to the proceedings on whom service is not alto- gether dispensed with— (a) (b) has been served personally with the application (proved in accordance with rule 127); and has been notified that he or she is required to attend a judicial confer- ence; and (c) has failed to file and serve a notice of intention to appear— (i) (ii) within the time specified in rule 291(2) or under rule 41(b); or at any time before the judicial conference; and (d) does not attend, or is not represented by his or her lawyer, at the judicial conference.
(2) At the judicial conference, the presiding Judge may proceed, in accordance with rule 55(2), to hear the application.

The judicial conference is then to be treated as the hearing of the application.

Rule 295B: inserted, on 1 November 2009, by rule 26 of the Family Courts Amendment Rules (No 2) 2009 (SR 2009/292).
296 Fixing date and time for hearing (1) Unless a Judge in a particular case orders otherwise, no date and time may be fixed for the hearing of an application under the Act— (a) (b) before a request for the convening of a mediation conference in respect of the application has been disposed of; or before the time for filing a notice of intention to appear (as specified in or under rule 41(b) or rule 291(2)) has expired.
(2) However, subclause (1)(a) is subject to section 200 of the Act (which requires a court to ensure that an application for a declaration that a child or young person is in need of care or protection is dealt with promptly), and rule 295.
The Registrar must fix a date and time for the hearing of an application under the Act if subclause (1) does not prevent that and there is filed in the court an (3) 154 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5 r 297 application for a fixture for the hearing in form G 17 signed by, or on behalf of,— (a) (b) the applicant; and the lawyer representing the child or young person in respect of whom the application is made; and (c) every person (if any) who has filed a notice of intention to appear.
(4) However, the Registrar may fix a date and time for the hearing even though the application for a fixture is not signed by all of the persons specified in sub- clause (3) if the Registrar is satisfied— (a) (b) that the persons who have not signed the application have refused to do so; and that none of those persons has, in the circumstances, a reasonable reason for refusing to sign the application.
(5) A Registrar who fixes a date and time under subclause (4) must note on the ap- plication that the Registrar has done so.

(6) The Registrar must give notice of the date and time of the hearing to the parties and to the lawyer representing the child or young person in respect of whom the application is made.

(7) All parties must give the Registrar, without delay, all available information af- fecting any estimated length of the hearing.
Compare: SR 1989/295 r 27 297 Pre-hearing disclosure of evidence (1) Before a hearing of an application under the Act, the court may order a party to the proceedings to file in the court a statement outlining, in reasonable detail, all or part of the evidence proposed to be tendered at the hearing by the party.
(2) An order under subclause (1) may be made on any other conditions the court thinks fit, but must always require the party against whom it is made to serve the statement on— (a) (b) (c) the other parties; and the lawyer representing the child or young person who is the subject of the proceedings; and any lay advocate appointed to appear in support of that child or young person in the proceedings.
(3) If the proceedings are for a declaration under section 67 of the Act, an order under subclause (1) may not be made against a party in those proceedings other than the applicant unless, in the circumstances of the case, the interests of just- ice require.
(4) If a party fails to comply with an order under subclause (1),— 155 Part 5 r 298 Family Court Rules 2002 Reprinted as at 14 July 2017 (a) (b) if the party is the applicant, the court may order that the proceedings be dismissed or stayed until the order is complied with: if the party is not the applicant, the court may order that the party be al- lowed to appear at the hearing only on terms specified by the court.
(5) Nothing in this rule applies to proceedings for a declaration under section 67 of the Act on the ground specified in section 14(1)(e) of the Act.
Compare: SR 1989/295 r 56 298 Proof of service of applications (1) An application under the Act (not being an interlocutory application) may not be heard unless, in respect of each party on whom service is not altogether dis- pensed with, either— (a) (b) the court is satisfied that the party has taken some steps in the proceed- ings; or an affidavit in form G 8 has been filed showing that the party has been personally served with the documents issued for service in relation to the application (see rule 127), or an affidavit has been filed showing that the party has been otherwise duly served in accordance with the directions of the court or a Judge.
(2) If an order in form G 9 is made under rule 126 for substituted service by adver- tisement (for example, in form G 10), the affidavit of advertising (see rule 128) must be in form G 11.
Compare: SR 1989/295 r 43(1), (4) 299 Evidence at hearing of certain proceedings generally to be given orally (1) At the hearing of proceedings (other than interlocutory proceedings) on an ap- plication for a declaration under section 67 of the Act, or an application under section 125 of the Act, evidence must be given orally.

(2) However, the court may, at any stage of the proceedings, order that certain evi- dence be given by affidavit or in another form that it directs.
(3) Nothing in this rule affects— (a) (b) (c) an order made under rule 170 (pre-hearing rulings on evidence): rule 171 (evidence by deposition: District Courts Rules 2014 apply): rule 172 (taking evidence outside New Zealand: District Courts Rules 2014 apply).

Compare: SR 1989/295 r 58 Rule 299(3)(b): amended, on 1 July 2014, by rule 26(1) of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).
Rule 299(3)(c): amended, on 1 July 2014, by rule 26(2) of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).
156 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5 r 301 300 Consent to order of court (1) Subclause (2) applies when— (a) (b) the making of an order, or the imposing of a condition, under Part 2 or Part 3 of the Act requires the consent of any person or organisation; or in proceedings under Part 2 of the Act, the court is empowered to make an order by the consent of all the parties to the proceedings.
(2) When this subclause applies, a statement of consent, in form CYPF 6, duly completed and filed in the court is sufficient evidence that the person by whom, or the organisation by which, that statement is signed or executed consents to the making of the order or, as the case requires, the imposing of the condition.
(3) Subclause (4) applies when— (a) the court proposes to make an order under Part 2 or Part 3 of the Act; and (b) either or both of the following apply: (i) (ii) the making of that order requires the consent of any person or or- ganisation: that order may not be made unless a particular person or organisa- tion has been informed of the proposal or intention to make the order and has been given an opportunity to make representations to the court or to appear and be heard by the court; and (c) that person or organisation has not consented to the making of the order.
(4) When this subclause applies, the Registrar must give notice in form CYPF 7 to the person or organisation specifying the order that the court proposes to make and the time and place at which the person or organisation may make represen- tations to the court.
Compare: SR 1989/295 r 29 301 Proceedings not to abate (1) This rule applies to proceedings under the Act if a social worker or a constable, acting in that capacity, is a party (the party) to the proceedings and— (a) (b) (c) dies; or ceases to hold office as a social worker or, as the case requires, a con- stable; or is for any other reason unavailable to participate in the proceedings as a party.
(2) The proceedings do not abate just because of the circumstances referred to in subclause (1)(a), (b), or (c).

(3) Another social worker or, as the case requires, another constable may, without further authority than this rule, participate in the proceedings in the place of the 157 Part 5 r 302 Family Court Rules 2002 Reprinted as at 14 July 2017 party, and the proceedings continue in all respects as if the other social worker or other constable were a party to the proceedings in the place of the party.
Compare: SR 1989/295 r 68 Rule 301(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Rule 301(1)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Rule 301(3): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
302 Notice of court’s decision on application under section 371 or section 377 of Act A notice that is required under section 378 of the Act to be given to a person must be given by posting the notice,— (a) (b) (c) if it is to be given to the chief executive, in a letter addressed to the prin- cipal manager of the office of the department in the area in which the court is situated: if it is to be given to the manager of a residence, in a letter addressed to that manager at that residence: if it is to be given to another person, in a letter addressed to that person at that person’s last known or usual place of residence.
Compare: SR 1989/295 r 74 303 Copy of orders to be sent to principal manager of office of department in relevant area The Registrar must, as soon as practicable after the making of an order (includ- ing an interim or interlocutory order) under the Act, deliver or post a copy of the order to the principal manager of the office of the department in the area in which the court that made the order is situated.
Compare: SR 1989/295 r 46 Domestic Violence Act 1995 304 Interpretation (1) In this rule and rules 305 to 332, unless the context otherwise requires,— Act means the Domestic Violence Act 1995 approved form means a form approved by the Secretary for Justice under rule 62AB for use by service providers in proceedings under the Act objector means a respondent or an associated respondent who notifies the court under section 51E(2)(b) of the Act that he or she objects to a direction to— (a) (b) undertake an assessment; and attend a non-violence programme 158 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5 r 305 prescribed form means a form used or issued by the court or a Registrar and prescribed in Schedule 5 property order means one of the following orders, whether temporary or final: (a) (b) (c) (d) an occupation order: a tenancy order: an ancillary furniture order: a furniture order.
(2) For the purposes of rule 312 and the forms in Schedule 5, applicant includes— (a) (b) a person for whose safety a temporary protection order has been issued under section 124N of the Act; and a victim of an offence for whose protection a protection order has been made under section 123B of the Sentencing Act 2002.

(3) (4) For the purposes of rule 319, applicant includes a person for whose safety a temporary protection order has been issued under section 124N of the Act.
For the purposes of this rule and rules 307, 312, and 323 and the forms in Schedule 5, respondent includes— (a) (b) a person against whom a temporary protection order is issued under sec- tion 124N of the Act; and an offender against whom a protection order is made under section 123B of the Sentencing Act 2002.

(5) For the purposes of rules 315 and 327, respondent includes a person against whom a temporary protection order is issued under section 124N of the Act.
Rule 304(1) approved form: inserted, on 1 October 2014, by rule 9(1) of the Family Courts Amend- ment Rules (No 5) 2014 (LI 2014/214).

Rule 304(1) objector: replaced, on 1 October 2014, by rule 9(2) of the Family Courts Amendment Rules (No 5) 2014 (LI 2014/214).

Rule 304(1) prescribed form: inserted, on 1 October 2014, by rule 9(1) of the Family Courts Amendment Rules (No 5) 2014 (LI 2014/214).
Rule 304(2): inserted, on 1 July 2010, by rule 4 of the Family Courts Amendment Rules (No 2) 2010 (SR 2010/122).

Rule 304(3): inserted, on 1 July 2010, by rule 4 of the Family Courts Amendment Rules (No 2) 2010 (SR 2010/122).

Rule 304(4): inserted, on 1 July 2010, by rule 4 of the Family Courts Amendment Rules (No 2) 2010 (SR 2010/122).

Rule 304(5): inserted, on 1 July 2010, by rule 4 of the Family Courts Amendment Rules (No 2) 2010 (SR 2010/122).
305 Forms (1) In proceedings to which the Act applies,— (a) approved forms must be used by service providers when— 159 Part 5 r 306 Family Court Rules 2002 Reprinted as at 14 July 2017 (i) (ii) giving notice to the Registrar under any of sections 51I to 51N of the Act: providing a report to the Registrar under section 51R of the Act; and (b) prescribed forms must be used by the court, a Registrar, and any other persons.
(2) The information sheet to be filed with every application under the Act must be in form DV 4A (and if an application under this Act is filed with 1 or more applications under any other Act or Acts, only 1 information sheet in form DV 4A is required).

Rule 305: replaced, on 1 October 2014, by rule 10 of the Family Courts Amendment Rules (No 5) 2014 (LI 2014/214).
306 Applications without notice (1) The following applications may be made without notice: (a) (b) (c) an application under section 13 of the Act for a protection order: an application under section 60 of the Act for an occupation order or ten- ancy order: an application under section 70 of the Act for an ancillary furniture order or furniture order.
(2) Nothing in subclause (1) prevents— (a) (b) a person who makes an application on notice from applying for a reduc- tion of time in accordance with rule 132 (changing times by which things to be done); or other applications being made without notice, if that is authorised by the Act or another of these rules.

(3) If an order is made against a person on an application without notice, under rule 24(2) or subclause (1), the person may apply under rule 34(c) to vary or rescind the order.
Compare: SR 1996/148 r 14 307 Certain applications by respondent or associate respondent to be on notice (1) The following applications relating to a protection order must be made on no- tice, if made by the respondent or an associated respondent: (a) (b) (c) an application under section 22(2) or (3) of the Act (which relate to the imposition, discharge, and modification of the standard condition relat- ing to weapons): an application under section 46(1) or (2) of the Act (which relates to the variation of a protection order): an application under section 47(1) or (4) of the Act (which relate to the discharge of a protection order).
160 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5 r 308 (2) The following applications made in relation to a property order must be made on notice, if made by the respondent: (a) (b) (c) (d) 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 section 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).
(3) Nothing in subclause (1) or subclause (2)— (a) prevents the respondent or an associated respondent from applying for a reduction in time under rule 132 (changing times by which things to be done); or (b) limits rule 126 (order dispensing with or changing service required).

Compare: SR 1996/148 r 14 Rule 307(1)(b): replaced, on 1 October 2014, by rule 11 of the Family Courts Amendment Rules (No 5) 2014 (LI 2014/214).
308 Certificate of lawyer to be included in certain applications without notice (1) This rule applies to an application made without notice for a protection order, property order, or both, if it is not intended that the application be made— (a) (b) by the party applying in person; or by a representative applying in person.
(2) If this rule applies to an application, the documents required to be filed to make the application (see rule 20(1)(d)) include a certificate signed by the party’s lawyer certifying— (a) (b) (c) that the lawyer has advised the applicant that every affidavit filed with an application must fully and frankly disclose all relevant circumstances, whether or not they are advantageous to the applicant or another person for whose benefit the order is sought; and that the lawyer has made reasonable enquiries of the applicant in order to establish whether the relevant circumstances have been disclosed; and that, to the best of the lawyer’s knowledge, every affidavit filed with the application discloses all relevant circumstances; and (d) that the lawyer is satisfied— (i) that the application and every affidavit filed with it complies with the requirements of the Act and these rules; and (ii) that the order sought is one that ought to be made.
(3) A certificate given by a lawyer under subclause (2)— 161 Part 5 r 309 Family Court Rules 2002 Reprinted as at 14 July 2017 (a) must be signed by the lawyer personally in his or her own name; and (b) may be given by the lawyer who has taken the affidavit in support or any other affidavit relevant to the application.
(4) Before giving a certificate under subclause (2), a lawyer must be satisfied— (a) that the application and every affidavit filed with it complies with the re- quirements of the Act and these rules; and (b) that the order sought is one that ought to be made.

(5) The lawyer is responsible to the court in respect of the matters referred to in subclause (4).
Compare: SR 1996/148 r 26 309 Documents to be filed to make certain applications (1) The documents required to be filed to make an application for a protection order or a property order under the Act (see rule 20(1)(c) and (d)) include— (a) (b) an affidavit in form DV 4 (affidavit in support of application for protec- tion order/property orders) deposing to the matters on which the applica- tion is based; and if the application is one for a protection order a notice in form DV 6 (information for Police if application made for protection order) setting out information about firearms licences and weapons.
(2) If a protection order or property order is to be used in support of an application, then, unless the Registrar directs otherwise, the documents to be filed to make the application (see rule 20(1)(f)) include either a copy of the order, or a copy of a copy of the order.
Compare: SR 1996/148 rr 21, 23, 24 310 Residential address not required (1) This rule applies to a person if the person is— (a) (b) (c) a party to proceedings relating wholly or partly to an application made, by or on behalf of the party, for a protection order, or for an order under Part 3 of the Act, or for both; or a party to an appeal from the determination of a court in proceedings to which paragraph (a) applies; or a party to proceedings relating to, or arising out of, an order of the kind referred to in paragraph (a) if the decision was made in that party’s fa- vour.
(2) The person need not give a residential address on a document presented for fil- ing in a court in proceedings under the Act.

(3) The person must provide an address for service, in accordance with rule 82.

162 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5 r 313 (4) This rule is subject to rule 311.
Compare: SR 1996/148 r 45 311 Applicant for protection order may request that residential address be kept confidential (1) An applicant for a protection order who wants his or her residential address not to be disclosed to a respondent or associated respondent must include, in the documents required to be filed to make the application, a notice in form DV 5 (notice of residential address and request for confidentiality)— (a) (b) stating the applicant’s residential address; and requesting that the address be kept confidential.
(2) If an applicant files a notice of that kind but later changes his or her address, the applicant may notify the court of the change by filing a further notice of that kind.
Compare: SR 1996/148 r 22 312 Filing of applications (1) An application under the Act must be filed— (a) (b) (c) in the court nearest to the place where the applicant or one of the appli- cants resides; or in the court nearest to the place specified by the applicant or one of the applicants as his or her address for service; or 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 re- spondent, in any other court.
(2) Subclause (1) is subject to rule 225 (which relates to where interlocutory appli- cations under the Act must be filed).

(3) Written consent given under subclause (1)(d) must be filed with the applica- tion.
Compare: SR 1996/148 r 27 313 Registrar to fix earliest practicable date for hearing of applications on notice (1) If an application under the Act is made on notice, the date and time that the Registrar must assign or fix, under rule 32(1), for the hearing of the application is the date and time that is as soon as practicable after the application is made.
(2) Nothing in this rule limits any provision of the Act that requires that, unless there are special circumstances, the hearing date assigned or fixed must be no later than a specified period after the application is made.
Compare: SR 1996/148 r 29(1)(b), (2) 163 Part 5 r 314 Family Court Rules 2002 Reprinted as at 14 July 2017 314 Notice of defence when application on notice (1) A person served with documents relating to an application under the Act and who intends to defend the application may file in the court and serve on the applicant, under rule 40,— (a) (b) a notice of defence in form DV 10 (notice of defence); and if the application is for a protection order, property order, or both, an af- fidavit— (i) (ii) setting out sufficient particulars to indicate the grounds on which the defence is based; and containing sufficient information to inform the court of the facts relied on in support of the defence.
(2) (3) For the purposes of rule 41(a), the person must file and serve the notice of de- fence and, if applicable, an affidavit no later than the sixth day before the date of the hearing.
Rule 42 applies if the person fails to file and serve a notice of defence and, if applicable, an affidavit, within the time fixed by subclause (2); however,— (a) (b) if the application is one referred to in subclause (1)(b), the references in rule 42(1)(a)(i) and (b) to a notice of defence must be read as including a reference to an affidavit described in subclause (1)(b) of this rule; and if the hearing is to be adjourned, under rule 42(2), it must be adjourned to a time and date as soon as practicable and no later than 42 days after the date of the granting of the adjournment unless there are special cir- cumstances; and (c) the court may, at the hearing, make a decision on the application.
Compare: SR 1996/148 r 31 315 Notice of intention to appear in relation to temporary protection order or temporary property order (1) This rule applies to the following persons if a temporary protection order or temporary property order is made and relates to them: (a) (b) (c) the respondent in proceedings under the Act: an associated respondent in proceedings under the Act: a person of the kind referred to in section 79(3) of the Act.
(2) A person to whom this rule applies may file in court and serve on the other party to the proceedings, under rule 40, a notice of intention to appear in form DV 11 (notice of intention to appear).

For the purposes of rule 41(a), the notice of intention to appear must be filed and served before the day on which the temporary protection order or tempor- ary property order relating to that person becomes final under section 77 of the Act.
(3) 164 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5 r 317 (4) An affidavit must be filed with the notice of intention to appear, and must set out— (a) (b) sufficient particulars to indicate the reasons for giving notice; and sufficient information to inform the court of the facts being relied on.

(5) If a notice of intention to appear is filed, a Registrar must— (a) (b) assign a hearing date under section 76(3) of the Act; and notify the parties to the proceedings accordingly.
(6) Nothing in this rule limits section 60(4)(c) of the Act.

Compare: SR 1996/148 r 32 316 Time for service Service of a document relating to proceedings under the Act must be effec- ted— (a) (b) no later than the 11th day before the day of the hearing of the applica- tion, if service is within New Zealand; or no later than the 22nd day before the day of the hearing of the applica- tion, if service is out of New Zealand.
Compare: SR 1996/148 r 52(2) 316A Information about respondent available from criminal court If a respondent to an application under the Act for a protection order is or has been involved in criminal proceedings, the Criminal Procedure (Transfer of In- formation) Regulations 2013 may apply.

Rule 316A: inserted, on 1 September 2015, by rule 4 of the Family Courts Amendment Rules 2015 (LI 2015/155).
317 Temporary property orders made on application without notice (1) Subclause (2) applies if— (a) (b) (c) an occupation order, tenancy order, or furniture order is made on an ap- plication without notice; and the court at the same time makes a temporary protection order; and a notice of intention to appear is filed under rule 315 in respect of both orders.
(2) If this subclause applies in accordance with subclause (1), the hearing date that the Registrar assigns under section 76 of the Act in respect of the temporary property order referred to in subclause (1)(a) must be the same as the hearing date assigned under that section in respect of the temporary protection order re- ferred to in subclause (1)(b).
(3) Subclause (4) applies if— 165 Part 5 r 318 Family Court Rules 2002 Reprinted as at 14 July 2017 (a) (b) (c) an occupation order or tenancy order is made on an application without notice while the applicant and respondent are living in the same house; and the court does not make a temporary protection order at the same time; and a notice of intention to appear is filed under rule 315 in respect of the occupation order or tenancy order.
(4) If this subclause applies in accordance with subclause (3), the hearing date that the Registrar assigns under section 76 of the Act in respect of a temporary property order referred to in paragraph (3)(a) must not be later than the seventh day after the date of the making of the order.
Compare: SR 1996/148 r 33 318 Registrar to issue order when temporary order becomes final or is confirmed (1) (2) If a temporary order becomes final (in whole or in part) under section 77(1) of the Act, a Registrar must immediately issue a final order in the appropriate pre- scribed form confirming that the temporary order has become final (in whole or in part) and setting out the terms and conditions of the final order.
If the court confirms a temporary order (with or without variation) under sec- tion 80(1)(c) of the Act, the Registrar must immediately issue a final order in the appropriate prescribed form, setting out the terms and conditions of the order as confirmed (including the terms and conditions of the order to the ex- tent that it has already become final).
(3) A court must direct a Registrar to immediately issue a final order in the appro- priate prescribed form confirming that a temporary property order has become final (in whole or in part) and setting out the terms and conditions of the final order, if— (a) (b) (c) notice has been given to any person having an interest in the property affected; and that person so notified has taken no steps in the proceedings; and the order has become final (in whole or in part) under section 77(1) of the Act.
(4) Subclause (1) is subject to subclause (3).

(5) A Registrar— (a) must comply with the court’s direction under subclause (3); and (b) may exercise the court’s power under subclause (3).

Compare: SR 1996/148 r 34 166 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5 r 320 319 Notice of objection to direction to undertake assessment and attend non- violence programme (1) A notice of objection, under section 51E(2)(b) of the Act, must be in form DV 24.
(2) If a notice of objection is filed, a Registrar must— (a) (b) (c) arrange for a copy of the notice to be served on the applicant; and advise the applicant that he or she may make written submissions in rela- tion to the objection, and that any submissions of that kind must be re- ceived within 10 working days after the day on which the notice is served on him or her; and if the objector wishes to be heard, advise the applicant that the applicant is entitled to appear and be heard in person, or to have his or her lawyer appear on his or her behalf.
(3) A Registrar may, on a written request by the objector for the purpose, amend a notice of objection made under section 51E(2)(b) of the Act before it is served under subclause (2)(a).

Compare: SR 1996/148 rr 67(2), 83 Rule 319 heading: replaced, on 1 October 2014, by rule 12(1) of the Family Courts Amendment Rules (No 5) 2014 (LI 2014/214).

Rule 319(1): amended, on 1 October 2014, by rule 12(2) of the Family Courts Amendment Rules (No 5) 2014 (LI 2014/214).
Rule 319(2)(a): replaced, on 1 July 2010, by rule 5 of the Family Courts Amendment Rules (No 2) 2010 (SR 2010/122).

Rule 319(2)(b): amended, on 17 November 2011, by rule 10(2) of the Family Courts Amendment Rules 2011 (SR 2011/349).

Rule 319(3): amended, on 1 October 2014, by rule 12(3) of the Family Courts Amendment Rules (No 5) 2014 (LI 2014/214).

320 How notice of objection to be dealt with (1) A Registrar may exercise the court’s power under section 51F of the Act, but must not discharge a direction.
(2) If an objector seeks the discharge of a direction, or if a Registrar considers that the discharge of a direction may be appropriate, the Registrar must refer the ob- jection to a Judge at the next convenient opportunity.

(3) If the objector does not wish to be heard, then, subject to subclause (1),— (a) the objector may make written submissions in respect of the objection; and (b) the objection may be dealt with on the papers.
(4) If the objector does wish to be heard,— (a) the Registrar must assign a hearing date in accordance with section 51E(3)(a) of the Act; and 167 Part 5 r 321 Family Court Rules 2002 Reprinted as at 14 July 2017 (b) the objector may appear at the hearing and be heard in person or by his or her lawyer.

(5) [Revoked] Compare: SR 1996/148 r 84 Rule 320(1): amended, on 1 October 2014, by rule 13(1) of the Family Courts Amendment Rules (No 5) 2014 (LI 2014/214).
Rule 320(3): replaced, on 1 October 2014, by rule 13(2) of the Family Courts Amendment Rules (No 5) 2014 (LI 2014/214).

Rule 320(4): replaced, on 1 October 2014, by rule 13(2) of the Family Courts Amendment Rules (No 5) 2014 (LI 2014/214).

Rule 320(5): revoked, on 1 October 2014, by rule 13(2) of the Family Courts Amendment Rules (No 5) 2014 (LI 2014/214).
321 Notice of result of objection As soon as practicable after a decision is made on an objection under section 51F(1) of the Act confirming, varying, or discharging a direction, a Registrar must— (a) arrange for the decision to be drawn up in form DV 25 (notice of result of objection to direction to undertake assessment and attend non-vio- lence programme); and (b) arrange for a copy of the decision to be served on each of the parties.
Rule 321: replaced, on 1 October 2014, by rule 14 of the Family Courts Amendment Rules (No 5) 2014 (LI 2014/214).

322 Request by provider for variation of programme [Revoked] Rule 322: revoked, on 1 October 2014, by rule 15 of the Family Courts Amendment Rules (No 5) 2014 (LI 2014/214).
323 Witness summons calling respondent or associated respondent before court If a Registrar under section 51O of the Act, or a Judge under section 51P of the Act, calls a respondent or an associated respondent to appear before the court, the summons must be in form DV 13.

Rule 321 applies, so far as applicable and with all modifications, to a decision of the court made under section 51Q(1) of the Act to confirm, vary, or dis- charge a direction.
Rule 323: replaced, on 1 October 2014, by rule 16 of the Family Courts Amendment Rules (No 5) 2014 (LI 2014/214).

(1) (2) 168 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5 r 327 324 Enforcement of occupation orders and tenancy orders: District Courts Rules 2014 apply DCR 19.65 (which relates to warrants to recover land) applies, so far as applic- able and with all necessary modifications, to the enforcement of occupation orders and tenancy orders made under the Act.
Rule 324: replaced, on 1 July 2014, by rule 28 of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).

325 Enforcement of ancillary furniture orders and furniture orders: District Courts Rules 2014 apply DCR 19.61 (which relates to warrant for recovery of chattels) applies, so far as applicable and with all necessary modifications, to the enforcement of ancillary furniture orders and furniture orders made under the Act.
Rule 325: replaced, on 1 July 2014, by rule 29 of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).
326 Certain documents to be served with temporary protection orders and temporary property orders (1) When a temporary protection order or a temporary property order is to be served, under rule 206(1), the order must be accompanied by— (a) (b) a copy of the relevant information sheet; and except as provided by subclause (2),— (i) (ii) a copy of the application for the order; and a copy of any accompanying affidavit.
(2) However, a Judge may direct that 1 or more of the documents referred to in subclause 1(b) not be served with the temporary order, and may also direct either or both of the following: (a) (b) that service of the document or documents on that party be delayed for a period (not exceeding 5 days) after service of the temporary order the Judge directs: that the document or documents be served on that party in a manner the Judge directs (for example, by making the document or documents avail- able for collection by that party from a specified place).
Compare: SR 1996/148 r 53(2), (3) 327 Extension of period for service (1) (2) This rule applies to a temporary order made by a court if the respondent or as- sociated 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, in accordance with section 77(3) of the Act, extend the period within which the order may be served, either on its own initiative or on an interlocutory application by a party for the purpose.
169 Part 5 r 328 Family Court Rules 2002 Reprinted as at 14 July 2017 (3) A Registrar may exercise the court’s power, under section 77(3) of the Act, to extend the period of service.

Compare: SR 1996/148 r 54 328 Copies of orders to be sent to Police (1) This rule applies to a temporary order or a final order made under the Act.
(2) On the making of the order, a Registrar must immediately send to the District Commander at the appropriate Police district headquarters— (a) (b) a copy of the order; and in the case of a protection order made available to the District Commander under section 88(1) of the Act, a copy of the notice in form DV 6 (information for Police if application made for protection order) filed with the application.
(3) A copy of the order may be made available by ordinary post or in one of the ways specified in section 88(3)(a), (b), or (d) of the Act.

(4) In this rule, order includes— (a) (b) (c) an order varying or discharging an order made under the Act; and an order made in substitution for another order; and a final order issued by a Registrar under rule 318.
Compare: SR 1996/148 rr 61, 63 329 Service of certain orders to be communicated to Police (1) A person required by section 89 of the Act to give notice to an officer in charge of a Police station of the service of a copy of a protection order or of a copy of any order varying a protection order may initially give the notice orally but must, as soon as practicable, confirm that oral notice in writing.
(2) If a person required to give notice is an officer of the court, the notice may be given in any of the ways set out in section 88(3) of the Act.
Compare: SR 1996/148 r 62 330 Registration of foreign protection orders If a certified copy of a foreign protection order is registered under section 97 of the Act, the Registrar must— (a) (b) enter the particulars of the order in the records in the same way as if the order had been made by the Family Court which is a division of the Dis- trict Court in which the order is registered; and add to the entry and on all copies of the order the words “Registered in the District Court at [place of registration] on [date of registration] under section 97 of the Domestic Violence Act 1995”.
Compare: SR 1996/148 r 91 170 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5 r 333 331 Notice of registration of foreign protection orders (1) (2) If an order is registered in a court under section 97 of the Act, the Registrar of the court must cause to be served on the respondent notice of the registration in form DV 27 (notice of registration of foreign protection order).
Failure to serve a notice of that kind does not affect the validity of the registra- tion or any proceedings relating to the order.

Compare: SR 1996/148 r 92 332 Notice to be given to foreign court or authority (1) (2) (3) If a foreign protection order is registered under section 97 of the Act, a Regis- trar must cause a copy of the notice of registration to be sent as soon as practic- able to the court or appropriate authority in the country in which the order was made.
If a court makes an order varying a foreign protection order under section 99(c) of the Act, a Registrar must cause a copy of the order varying the foreign pro- tection order to be sent as soon as practicable to the court or appropriate au- thority in the country in which the foreign protection order was made.
If, under 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 appropriate authority in the country in which the order was made.
(4) If 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 elec- tronic transmission (whether by way of fax, email, 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 any other manner that is appropriate in the circumstances.
Compare: SR 1996/148 r 93 Family Proceedings Act 1980 and subpart 4 of Part 2 of Care of Children Act 2004 Heading: amended, on 31 March 2014, by rule 27 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
333 Interpretation In rules 334 to 376, unless the context otherwise requires,— Acts means the Family Proceedings Act 1980 and subpart 4 of Part 2 of the Care of Children Act 2004 Care of Children Act means subpart 4 of Part 2 of the Care of Children Act 2004 Family Proceedings Act means the Family Proceedings Act 1980.

171 Part 5 r 334 Family Court Rules 2002 Reprinted as at 14 July 2017 Rule 333: replaced, on 31 March 2014, by rule 28 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
334 Forms (1) (2) The forms set out in Schedule 6 must be used in proceedings under the Acts.

Form FP 15A in Schedule 6 must be used for an application to the court for a declaration of paternity under section 10(2) of the Status of Children Act 1969.

Rule 334(2): inserted, on 1 July 2005, by rule 22 of the Family Courts Amendment Rules 2005 (SR 2005/101).
335 Applications without notice (1) Applications under the following sections may be made and granted without notice: (a) (b) (c) (d) (e) (f) (g) (h) (i) section 76 of the Care of Children Act (authority to use faxed copy of warrant): [Revoked] section 76 of the Care of Children Act as applied by section 119 of that Act (enforcing order under section 105(2) of that Act for return of child): [Revoked] [Revoked] section 147 of the Family Proceedings Act (provisional maintenance order): section 174(2) of the Family Proceedings Act (order dispensing with se- curity for appeal): section 183 of the Family Proceedings Act (order restraining dispos- ition): an application that relates to the enforcement of maintenance under sec- tion 259 of the Child Support Act 1991 and that is made under a section of the Family Proceedings Act referred to in rule 373(1).
(2) An application under the Family Proceedings Act may also be made without notice when section 157 of that Act applies.

(3) Nothing in subclauses (1) and (2) prevents other applications being made with- out notice, if that is authorised by either of the Acts or these rules.

(4) If an order is made against a person on an application without notice, under rule 24(2) or subclause (1) or subclause (2), the person may, at any time, apply under rule 34(c) to vary or rescind the order.
Compare: SR 1981/261 rr 16(1)(2)(b), (6), 82(1) Rule 335(1)(a): replaced, on 1 July 2005, by rule 23 of the Family Courts Amendment Rules 2005 (SR 2005/101).

Rule 335(1)(b): revoked, on 31 March 2014, by rule 29 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

172 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5 r 337 Rule 335(1)(c): replaced, on 1 July 2005, by rule 23 of the Family Courts Amendment Rules 2005 (SR 2005/101).
Rule 335(1)(d): revoked, on 31 March 2014, by rule 29 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

Rule 335(1)(e): revoked, on 31 March 2014, by rule 29 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
336 Affidavits in support to be filed to make certain applications without notice Applicants under either of the Acts who make an application without notice under rule 24(2)(b) or rule 335(1) (except paragraph (i)) must file with the other documents required to be filed to make the application (see rule 20(1)(c)) an affidavit made by the applicant or some other person deposing to the matters on which the application is based.
Compare: SR 1981/261 r 16(5) 336A Applications for warrants and delivery of child [Revoked] Rule 336A: revoked, on 31 March 2014, by rule 30 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

336B Notice of intention to appear in relation to interim parenting order [Revoked] Rule 336B: revoked, on 31 March 2014, by rule 30 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
336C Notice of intention to appear in relation to other interim orders [Revoked] Rule 336C: revoked, on 31 March 2014, by rule 30 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
337 Accompanying affidavits may be filed to make applications for order dissolving marriage or civil union (1) Applicants for an order dissolving a marriage or civil union may file with the other documents to be filed to make the application (see rule 20(1)(c)) an affi- davit that, under section 38(2)(d) of the Family Proceedings Act, accompanies the application.
(2) That affidavit must be— (a) (b) in form FP 12, if the application is in form FP 11 (application by one party for order dissolving marriage or civil union): in form FP 14, if the application is in form FP 13 (joint application for order dissolving marriage or civil union).

Compare: SR 1981/261 r 15(3A) Rule 337 heading: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory Refer- ences) Act 2005 (2005 No 3).
173 Part 5 r 338 Family Court Rules 2002 Reprinted as at 14 July 2017 Rule 337(1): amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Rule 337(2)(a): amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory Referen- ces) Act 2005 (2005 No 3).

Rule 337(2)(b): amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory Referen- ces) Act 2005 (2005 No 3).
338 Separation order or separation agreement If a copy of a separation order or separation agreement is to be used in support of an application under section 37 of the Family Proceedings Act for an order dissolving a marriage or civil union, a copy of that order or agreement must,— (a) if the application is accompanied by an affidavit in form FP 12 or form FP 14, as the case may require, be annexed to that affidavit; or (b) in any other case, be lodged in the office of the court— (i) at the time of the filing of the documents to be filed to make the application (see rule 20(1)(f)); or (ii) at another time the Registrar may direct.
Compare: SR 1981/261 r 15(4) Rule 338: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).
339 Marriage or civil union certificate (1) The original or a certified copy of the certificate of a marriage or civil union to which an application under section 37 of the Family Proceedings Act relates must,— (a) if the application is accompanied by an affidavit in form FP 12 (affidavit to accompany application by one party for order dissolving marriage or civil union) or form FP 14 (affidavit to accompany joint application for order dissolving marriage or civil union), as the case may require, be an- nexed to that affidavit; or (b) in any other case, be lodged in the office of the court— (i) at the time of the filing of the documents required to be filed to make the application (see rule 20(1)(d)); or (ii) at another time the Registrar may direct.
(2) The original or a certified copy of the certificate of a marriage or civil union to which an application under section 27 or section 29 or section 32 of the Family Proceedings Act relates must be lodged in the office of the court— (a) at the time of the filing of the documents required to be filed to make the application (see rule 20(1)(d)); or (b) at another time the Registrar may direct.
174 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5 r 341 (3) The Registrar may dispense with the lodging of a certificate under subclause (1)(b) or subclause (2), if he or she is satisfied that the certificate is not avail- able.

Compare: SR 1981/261 r 19 Rule 339 heading: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory Refer- ences) Act 2005 (2005 No 3).
Rule 339(1): amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Rule 339(1)(a): amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory Referen- ces) Act 2005 (2005 No 3).

Rule 339(2): amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).
340 Filing of certain applications (1) The following applications may be filed in any court: (a) (b) an application under Part 4 of the Family Proceedings Act (which Part concerns proceedings relating to the status of marriage or civil union); and any other application under either of the Acts and that is filed with, or is filed in relation to, an application under Part 4 of the Family Proceedings Act.
(2) On a written request for the purpose made by the respondent within 21 days after the date of service on him or her of the application, the Registrar of the court in which an application under Part 4 of the Family Proceedings Act is filed must transfer the application to the court in paragraph (a)(i) or (ii) and no- tify the applicant of that transfer if— (a) the court in which the application is filed is neither— (i) (ii) the court nearest to the place where the applicant resides; nor the court nearest to the place where the respondent resides; and (b) the respondent has not consented in writing to the filing of the applica- tion in the court in which it is filed.
Compare: SR 1981/261 r 20(2)–(4) Rule 340(1)(a): amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory Referen- ces) Act 2005 (2005 No 3).

341 Application for separation order [Revoked] Rule 341: revoked, on 31 March 2014, by rule 31 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
175 Part 5 r 342 Family Court Rules 2002 Reprinted as at 14 July 2017 342 Restriction on service of application for separation order [Revoked] Rule 342: revoked, on 31 March 2014, by rule 31 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

343 Report by counsellor [Revoked] Rule 343: revoked, on 31 March 2014, by rule 31 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
344 Affidavit of financial means and their sources (1) If an application for a maintenance order is made under any provision (except Part 8) of the Family Proceedings Act, both the applicant and the respondent must, before the hearing of the application,— (a) file an affidavit in form FP 18 (affidavit of financial means and their sources), setting out his or her financial means and their sources; and (b) serve a copy of the affidavit on the other party.
(2) (3) If a party fails to comply with subclause (1), the court may treat the failure as a failure to comply with an order under rule 139(3) (further particulars).

The court may, on an interlocutory application for the purpose by the applicant or the respondent, make an order dispensing with compliance with the require- ments of subclause (1).
Compare: SR 1981/261 r 26 345 Notice of defence (1) A person served with an application under the Acts may, within the time speci- fied in or under rule 41, file in the court and serve on the applicant, under rule 40, a notice of defence to the application.

(2) If a respondent intends to claim relief under section 168 of the Family Proceed- ings Act, the notice of defence must conclude with a request for that relief.
(3) A notice of defence may, under rule 79 (amendment of application form, or no- tice of defence or intention to appear), be amended by the addition of a request for relief under section 168 of the Family Proceedings Act.
Compare: SR 1981/261 r 27 346 Request by respondent for appearance on application for dissolution of marriage or civil union If a respondent to an application for a dissolution of marriage or civil union requests an appearance, under section 38(2)(c) of the Family Proceedings Act, the request must be in form FP 19 (request for an appearance) and must be filed and served on the applicant, or on the applicant’s lawyer,— 176 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5 r 348 (a) (b) within 21 days after the service on the respondent of the documents re- lating to the application (including the notice to respondent in form FP 16); or if the respondent resides outside New Zealand, or is the subject of an order for substituted service, within the time that the court or Registrar must fix on an interlocutory application made by the applicant for the purpose.
Compare: SR 1981/261 r 27C Rule 346 heading: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory Refer- ences) Act 2005 (2005 No 3).

Rule 346: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).
347 Request for hearing before order dissolving marriage or civil union made A party who, after the filing of an application for an order dissolving the mar- riage or civil union but before the order is made, seeks a hearing, under section 38(3) of the Family Proceedings Act, must file in court a request for a hearing in form FP 20.

Compare: SR 1981/261 r 27D Rule 347 heading: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory Refer- ences) Act 2005 (2005 No 3).
Rule 347: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).
348 Filing of request for appearance, or request for hearing by respondent, if application for dissolution of marriage or civil union by one party only (1) Subclause (2) applies to a respondent who is served with— (a) (b) (c) an application for an order dissolving a marriage or civil union made by one party to the marriage or civil union in form FP 11, in which the ap- plicant has indicated the applicant’s consent to the order being made in his or her absence; and an affidavit to accompany the application, in form FP 12; and a notice to the respondent in form FP 16 or, if the respondent resides out- side New Zealand, in form FP 17.
(2) The respondent— (a) may not appear and defend the application unless the respondent has filed and served a notice of defence, request for an appearance, or a re- quest for a hearing: (b) may file and serve a request for an appearance or a request for a hearing, whether or not the respondent also files and serves a notice of defence.

Compare: SR 1981/261 r 27E Rule 348 heading: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory Refer- ences) Act 2005 (2005 No 3).
177 Part 5 r 349 Family Court Rules 2002 Reprinted as at 14 July 2017 Rule 348(1)(a): amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory Referen- ces) Act 2005 (2005 No 3).

349 Mediation conference [Revoked] Rule 349: revoked, on 31 March 2014, by rule 32 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
349A Mediation conference becomes judicial conference if agreement cannot be reached [Revoked] Rule 349A: revoked, on 31 March 2014, by rule 32 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

350 Change of Judge after mediation conference [Revoked] Rule 350: revoked, on 31 March 2014, by rule 32 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
350A Request to speak on child’s cultural background [Revoked] Rule 350A: revoked, on 31 March 2014, by rule 32 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
351 Restrictions on fixing date and time for hearing If an application is made under either of the Acts (other than under section 32 or 37 of the Family Proceedings Act), then,— (a) unless a Judge in a particular case orders otherwise, no date and time may be fixed by the Registrar for the hearing of the application before the time for filing a notice of defence, as specified in rule 41, has ex- pired; and (b) all parties must give the Registrar, without delay, all available informa- tion affecting any estimated length of the hearing.
Rule 351: replaced, on 31 March 2014, by rule 33 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

352 Fixing date and time for hearing: notice of defence filed (1) This rule applies where a respondent has filed a notice of defence to an applica- tion under either of the Acts (except an application under section 32 or 37 of the Family Proceedings Act 1980).
(1A) Unless a Judge in a particular case orders otherwise, the Registrar must fix a date and time for the hearing of an application if there is filed in the court an application for a fixture in form G 17 signed by or on behalf of all parties.
178 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5 r 354 (2) However, the Registrar may fix a date and time for the hearing of the applica- tion even though the application for the fixture is signed by one party alone if the Registrar is satisfied that the other party or parties have refused to sign the application and that the refusal is, in the circumstances, unreasonable.
(3) A Registrar who fixes a date and time under subclause (2) must note on the ap- plication that the Registrar has done so.

(4) (5) (6) The Registrar must give the parties notice of the date and time fixed for the hearing of the application.

[Revoked] [Revoked] Compare: SR 1981/261 r 32A Rule 352(1): replaced, on 27 May 2010, by rule 11 of the Family Courts Amendment Rules 2010 (SR 2010/97).

Rule 352(1A): inserted, on 27 May 2010, by rule 11 of the Family Courts Amendment Rules 2010 (SR 2010/97).
Rule 352(5): revoked, on 31 March 2014, by rule 34 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

Rule 352(6): revoked, on 31 March 2014, by rule 34 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
353 Fixing date and time for hearing: no notice of defence filed If no respondent has filed a notice of defence to an application made under either of the Acts (other than an application made under section 32 or 37 of the Family Proceedings Act),— (a) (b) the date and time for the hearing of the application must be fixed by the Registrar; and the Registrar must give notice of the date and time fixed for the hearing of the application— (i) (ii) to the applicant; and to the respondent if he or she has filed an address for service, or has been served with the documents issued for service in relation to the application.
Rule 353: replaced, on 31 March 2014, by rule 35 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
354 Fixing date and time for hearing of application for declaration or order dissolving marriage or civil union (1) If an application under section 32 of the Family Proceedings Act (that is, an application for an order declaring that the other party to the marriage or civil union is presumed to be dead and that the marriage or civil union is dissolved) is made in a court, the Registrar of the court must, on the filing in the court of the application, fix the date and time for the hearing of the application.
179 Part 5 r 355 Family Court Rules 2002 Reprinted as at 14 July 2017 (2) If an application under section 37 of the Family Proceedings Act (that is, an application for an order dissolving a marriage or civil union) is made in a court, the Registrar of the court must, on the filing in a court of the application, fix the date and time for the hearing of the application if, at the time that the appli- cation is filed,— (a) (b) (c) in the case of a joint application, both applicants do not consent to the order being made in their absence; or in the case of an application other than a joint application, the applicant does not consent to the order being made in his or her absence; or section 38(2)(d) of the Family Proceedings Act (which requires that the application be accompanied by an affidavit stating certain matters) is not complied with.
(3) The Registrar may, by telephone or any other means the Registrar thinks fit,— (a) (b) change, to a later date, the date fixed under subclause (1) or subclause (2) for the hearing of the application; and authorise the applicant to make corresponding alterations in the docu- ments to be served on the respondent.

Compare: SR 1981/261 r 32C Rule 354 heading: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory Refer- ences) Act 2005 (2005 No 3).
Rule 354(1): amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Rule 354(2): amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).
355 Registrar’s list of section 37 applications (for order dissolving marriage or civil union) (1) If an application under section 37 of the Family Proceedings Act is made in a court, the Registrar of the court must, instead of fixing a date and time for the hearing of the application, enter the application on the Registrar’s list of section 37 applications if, at the time that the application is filed,— (a) in the case of a joint application,— (i) (ii) both applicants consent to the order being made in their absence; and the application is accompanied by the affidavit required by section 38(2)(d) of the Family Proceedings Act, namely an affidavit in form FP 14 (affidavit to accompany joint application for order dis- solving marriage or civil union); or (b) in the case of an application other than a joint application,— (i) the applicant consents to the order being made in his or her ab- sence; and 180 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5 r 355 (ii) the application is accompanied by the affidavit required by section 38(2)(d) of the Family Proceedings Act, namely an affidavit in form FP 12 (affidavit to accompany application by one party for order dissolving marriage or civil union).
(2) The Registrar may make an order dissolving a marriage or civil union to which an application on the Registrar’s list of section 37 applications relates if— (a) (b) (c) the respondent does not file a notice of defence to the application within the time specified in or under rule 41; and the respondent does not file a request for an appearance in relation to the application within the time specified by or under rule 346; and by the time at which the Registrar processes the list of section 37 appli- cations on which the application appears, the Registrar has not received a request for a hearing in form FP 20.
(3) The Registrar must not make an order dissolving a marriage or civil union to which an application on the Registrar’s list of section 37 applications relates if— (a) (b) (c) the respondent files a notice of defence to the application on the Regis- trar’s list of section 37 applications within the time specified in or under rule 41; or the respondent files a request for an appearance in relation to the appli- cation on the Registrar’s list of section 37 applications within the time specified by or under rule 346; or by the time at which the Registrar processes the list on which the appli- cation appears, the Registrar has received a request for a hearing in form FP 20.
(4) If subclause (3) applies, the Registrar must— (a) (b) fix a date and time for the hearing of the application; and give the parties notice of the date and time fixed for the hearing of the application.

(5) The Registrar may, by telephone or any other means the Registrar thinks fit, change, to a later date, the date fixed for the hearing under subclause (4).
Compare: SR 1981/261 r 32D Rule 355 heading: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory Refer- ences) Act 2005 (2005 No 3).

Rule 355(1)(a)(ii): amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory Refer- ences) Act 2005 (2005 No 3).

Rule 355(1)(b)(ii): amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory Refer- ences) Act 2005 (2005 No 3).
Rule 355(2): amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Rule 355(3): amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).
181 Part 5 r 356 Family Court Rules 2002 Reprinted as at 14 July 2017 356 Request for hearing after order dissolving marriage or civil union made and before it takes effect as final order (1) A party who, after an order dissolving a marriage or civil union is made and before the order takes effect as a final order, seeks a hearing under section 38(3) of the Family Proceedings Act must file in the court a request for a hear- ing in form FP 20.
(2) If subclause (1) applies, the Registrar must— (a) (b) fix a date and time for the hearing; and issue for service on the other party a copy of the request for a hearing.

(3) The Registrar may, by telephone or any other means the Registrar thinks fit,— (a) (b) change, to a later date, the date fixed, under subclause (2), for the hear- ing of the application; and authorise the party who seeks a hearing to make corresponding altera- tions in the documents to be served on the other party.
Compare: SR 1981/261 r 32E Rule 356 heading: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory Refer- ences) Act 2005 (2005 No 3).

Rule 356(1): amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).
357 Proof of service of certain applications (1) This rule applies to an application if it is— (a) (b) (c) an application under section 27 of the Family Proceedings Act (for a declaration whether a marriage or civil union is valid or a marriage or civil union has been validly dissolved); or an application under section 29 of the Family Proceedings Act (for an order declaring a marriage or civil union to be void ab initio); or an application under section 37 of the Family Proceedings Act (for an order dissolving a marriage or civil union) and that is not on the Regis- trar’s list of section 37 applications.
(2) A court may hear the application only if it is satisfied that— (a) (b) (c) (d) (e) the application is a joint application for an order dissolving the marriage or civil union; or service on the respondent has been altogether dispensed with; or the respondent has taken some step in the proceedings; or an affidavit in form G 8 (see rule 127) has been filed showing that the respondent has been personally served with the documents issued for service in relation to the application; or an affidavit has been filed showing that the respondent has been other- wise duly served in accordance with the directions of the court.
182 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5 r 359 (3) If an order in form G 9 is made under rule 126 for substituted service of the application by advertisement (for example, in form G 10), the affidavit of ad- vertising (see rule 128) must be in form G 11.

Compare: SR 1981/261 r 44 Rule 357(1)(a): amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory Referen- ces) Act 2005 (2005 No 3).
Rule 357(1)(b): amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory Referen- ces) Act 2005 (2005 No 3).

Rule 357(1)(c): amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory Referen- ces) Act 2005 (2005 No 3).

Rule 357(2)(a): amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory Referen- ces) Act 2005 (2005 No 3).

Rule 357(2)(e): amended, on 1 July 2004, by rule 5 of the Family Courts Amendment Rules 2004 (SR 2004/165).
358 Proof of service of applications on Registrar’s list of section 37 applications A Registrar must not make an order dissolving a marriage or civil union to which an application on the Registrar’s list of section 37 applications relates unless the Registrar is satisfied that— (a) (b) (c) (d) (e) the application is a joint application; or service on the respondent has been altogether dispensed with; or the respondent has taken some step in the proceedings; or an affidavit in form G 8 (see rule 127) has been filed showing that the respondent has been personally served with the documents issued for service in relation to the application; or an affidavit has been filed showing that the respondent has been other- wise duly served in accordance with the directions of the court or Judge.
Compare: SR 1981/261 r 44A Rule 358: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).

359 Intervention in proceedings relating to status of marriage or civil union (1) If the Attorney-General is requested, under section 161 of the Family Proceed- ings Act, to appear in proceedings under Part 4 of that Act, these rules apply as if the Attorney-General were a party to the proceedings unless the court or a Judge directs otherwise.
(2) A copy of an affidavit filed by the Attorney-General under section 161 of the Family Proceedings Act must be served by the Registrar on every other party to the proceedings as soon as practicable after it is filed.

Compare: SR 1981/261 r 57 Rule 359 heading: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory Refer- ences) Act 2005 (2005 No 3).
183 Part 5 r 360 Family Court Rules 2002 Reprinted as at 14 July 2017 360 Sealing and service of order dissolving marriage or civil union: order made by Judge in defended proceedings (1) The Registrar must— (a) seal an order dissolving a marriage or civil union made in defended pro- ceedings at the expiration of 1 month after the date on which the order was made; and (b) take all reasonable steps to serve a copy of the order on the parties.
(2) However, subclause (1) does not apply if section 42(2) or (3) of the Family Proceedings Act requires that the order not take effect as a final order (for ex- ample, because an appeal against the order is pending).

Compare: SR 1981/261 r 58(1) Rule 360 heading: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory Refer- ences) Act 2005 (2005 No 3).

Rule 360(1)(a): amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory Referen- ces) Act 2005 (2005 No 3).
361 Sealing and service of order dissolving marriage or civil union: order made by Judge in undefended proceedings The Registrar must— (a) (b) seal an order dissolving a marriage or civil union made by a Judge in un- defended proceedings as soon as the order is made; and serve a copy of the order on the parties, whether or not the respondent has filed an address for service.
Compare: SR 1981/261 r 58(2) Rule 361 heading: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory Refer- ences) Act 2005 (2005 No 3).

Rule 361(a): amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).

362 Sealing and service of order dissolving marriage or civil union: order made by Registrar (1) This rule applies to an order dissolving a marriage or civil union made by a Registrar.
(2) The Registrar must notify each party of— (a) (b) the date on which the order was made; and the provisions of section 38(3) of the Family Proceedings Act (which re- lates to a party seeking a hearing before the order takes effect as a final order).
(3) The notice required under subclause (2) must be given— (a) by letter sent by ordinary post and addressed to the party at the party’s address for service (if given); or 184 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5 r 363 (b) (c) if no address for service has been given and the party resides in New Zealand, by letter sent by ordinary post and addressed to the party at the party’s last known or usual place of residence or business in New Zea- land; or if no address for service has been given and the party resides overseas, by letter sent by airmail addressed to the party at the party’s last known or usual place of residence or business overseas.
(4) The Registrar must— (a) (b) seal the order at the expiration of 1 month from the date on which the order was made; and serve a copy of the order on the parties, whether or not the respondent has filed an address for service.

(5) However, subclause (4) does not apply if section 42(4) of the Family Proceed- ings Act requires that the order not take effect as a final order.
Compare: SR 1981/261 r 58(3) Rule 362 heading: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory Refer- ences) Act 2005 (2005 No 3).

Rule 362(1): amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).

362A Costs of contravention of parenting order [Revoked] Rule 362A: revoked, on 31 March 2014, by rule 36 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
363 Registration of orders made in Commonwealth or designated countries (1) A certified copy of an order is registered under section 136 of the Family Pro- ceedings Act by the Registrar entering the particulars in the records of the court.
(2) The Registrar must— (a) enter the particulars in the same manner as if the order had been made by the Family Court which is a division of the District Court in which the order is registered; and (b) write and sign, under that entry and on the copy of the order, the follow- ing minute “Registered in the District Court at [place] in New Zealand on [date of registration] under section 136 of the Family Proceedings Act 1980”.
Compare: SR 1981/261 r 60 185 Part 5 r 364 Family Court Rules 2002 Reprinted as at 14 July 2017 364 Notice of registration of orders made in Commonwealth or designated countries (1) The Registrar of the court in which an order is registered under section 136 of the Family Proceedings Act must cause notice of the registration in form FP 21 to be served on the respondent.
(2) However, a failure to serve a notice of the registration does not affect— (a) (b) the validity of the registration; or any proceedings in relation to the order.
Compare: SR 1981/261 r 61 365 Order on application for confirmation of provisional order (1) If a court has heard an application for confirmation of a provisional order, under section 138 or section 139 of the Family Proceedings Act, the Registrar must send to the court that made the provisional order— (a) a copy of the confirming order if the provisional order has been con- firmed (with or without modification); or (b) in any other case, a copy of the decision.
(2) If the provisional order has been confirmed (with or without modification), the copy of the confirming order must be accompanied by a copy of any order under section 138(9) of the Family Proceedings Act for the payment of a sum for past maintenance.

(3) A decision that the provisional order not be confirmed must give the reasons for the decision.
(4) If the decision is that the case be remitted for the taking of further evidence, a notice setting out the matters on which further evidence is required must be sent to the court that made the provisional order.

Compare: SR 1981/261 r 66 366 Payments under registered or confirmed order (1) (2) Subclause (2) applies to all payments due under an order registered or con- firmed under the Family Proceedings Act (except an order confirmed under section 139 of that Act).
The payments must, unless the person to whom any money is payable in ac- cordance with the order elects otherwise under section 70 of the Child Support Act 1991, be paid to the Commissioner of Inland Revenue in accordance with that Act.
Compare: SR 1981/261 r 67 367 Joinder of other parent in proceedings under Family Proceedings Act If, on the application of one parent or on the court’s own initiative, another parent is joined as a respondent under section 145H of the Family Proceedings (1) 186 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5 r 369 Act (which relates to maintenance orders in respect of children in Convention countries), the court may adjourn the hearing for a time, and on any terms, the court considers appropriate to enable the party who has been joined to be served with— (a) (b) a notice to respondent in form FP 16, which applies with all necessary modifications; and a copy of the application under section 145E of the Family Proceedings Act (that is, for a maintenance order in respect of a child in a Convention country).
(2) However, the court may dispense with service of the notice and of a copy of the application if— (a) (b) (c) the joinder is made at the hearing; and the party joined is present at the hearing; and the court is satisfied that the party joined will not be prejudiced.

Compare: SR 1981/261 r 54 368 Provisional orders for confirmation overseas (1) A provisional maintenance order under section 147 of the Family Proceedings Act must be in form FP 22.
(2) Subclause (3) applies to a statement under section 147(6)(c) of the Family Pro- ceedings Act of the grounds on which the making of the provisional mainten- ance order might have been opposed if the respondent had been duly served with notice of the application for the order and had appeared at the hearing.

(3) The statement may be in the form of a certificate signed by the Judge hearing the application for the order.
Compare: SR 1981/261 r 62 369 Procedure on arrest of respondent other than in respect of an offence (1) (2) This rule applies if a respondent is arrested and brought before the court on a warrant issued other than in respect of an offence.
The court before which the respondent is brought may adjourn the hearing to another time and place and— (a) (b) allow the respondent to go at large; or subject to any conditions the court thinks proper in the circumstances, grant the respondent bail— (i) on the respondent’s own recognisance; or (ii) with a number of sureties that the court thinks fit, and for an amount that the court considers proper in the circumstances; or (c) if the court considers that the attendance of the respondent at the hearing is necessary in the interests of justice and that the respondent is unlikely 187 Part 5 r 369 Family Court Rules 2002 Reprinted as at 14 July 2017 to appear at the hearing, or may attempt to leave New Zealand with in- tent to defeat the course of justice, remand the respondent in custody for— (i) (ii) a period of not longer than 8 days; or a period longer than 8 days, but only if the respondent consents to that period.
(3) Any such adjournment, bail, or remand may be extended or renewed from time to time by the court until the proceedings in respect of which the warrant was issued are finally disposed of by the court.

(4) If a respondent is remanded in custody without bail being granted, or if the re- spondent is granted bail but the bond is not entered into immediately, the Registrar must issue a warrant in form FP 29.

If bail has been granted, the Registrar must certify on a warrant of that kind the terms of the bail.
(5) A bond to be taken under subclause (2) must be in form FP 30 and may be en- tered into before a Judge or Registrar.

It is not necessary for all parties to be present at the same time or at the same place, and more than 1 form of bond may be signed.

The Registrar of the court must give the parties entering into a bond of that kind notice of its terms.
(6) If all the parties to a bond have entered into it, then, if a warrant has been issued under subclause (4), a warrant of deliverance in form FP 31 may be issued by a Judge or Registrar who knows that all the parties to the bond have entered into it and the warrant may be sent to the manager of the prison in which the respondent is detained.
(7) A Judge may issue a warrant to arrest the respondent and bring the respondent before a court if— (a) the respondent was allowed to go at large but failed to attend at the time and place to which the hearing had been adjourned; or (b) the respondent was released on bail but— (i) failed to attend personally at the time and place specified in the bond; or (ii) failed to comply with any condition fixed in the bond.
(8) Section 39 of the Bail Act 2000 applies so far as applicable and with all neces- sary modifications to a respondent released on bail who fails to comply with the bond issued.

Compare: SR 1981/261 r 74; SR 1992/58 r 57 Rule 369(6): amended, on 1 July 2005, by rule 30 of the Family Courts Amendment Rules 2005 (SR 2005/101).

Rule 369(8): amended, on 1 July 2013, by rule 5 of the Family Courts Amendment Rules 2013 (SR 2013/181).
188 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5 r 373 370 Copies of orders varying maintenance orders (1) If, in proceedings under the Property (Relationships) Act 1976, the court var- ies, extends, suspends, or discharges a maintenance order made by another court, the Registrar of the court must send the Registrar of the other court a copy of the order of variation, extension, suspension, or discharge.

(2) The Registrar of the other court must note the court records accordingly.
Compare: SR 1981/261 r 76 371 Copies of orders for Commissioner of Inland Revenue A Registrar must, no later than the 28th day after the day on which they are made, send to the Commissioner of Inland Revenue a certified or sealed copy of the following orders: (a) (b) (c) (d) any maintenance order or interim maintenance order made under Part 6 of the Family Proceedings Act that provides for payment to be made at an annual rate of $520 or more: any maintenance order made against any person by any court in a Com- monwealth or designated country that is registered in accordance with rule 363 or confirmed in New Zealand under the Family Proceedings Act (other than an order confirmed under section 139 of that Act): any order made under section 78 or section 81 of the Family Proceedings Act: any order made under Part 6 or Part 8 of the Family Proceedings Act in respect of an application under section 145 of that Act.
Compare: SR 1981/261 r 76A 372 Enforcement of maintenance under section 259 of Child Support Act 1991 These rules, as supplemented or modified by rules 373 to 376, apply in respect of the enforcement, under section 259 of the Child Support Act 1991, of the liability of a person to pay maintenance under the Family Proceedings Act which is due but unpaid at the close of 30 June 1992.
Compare: SR 1981/261 r 81 373 Applications without notice (1) Applications under the following sections of the Family Proceedings Act may, under rule 335(1)(i), be made and granted without notice: (a) (b) (c) (d) section 109 (variation, suspension, or discharge of attachment order): section 114 (variation or discharge of deduction notice): section 118 (charging order): section 121 (receiving order, where a copy of the charging order has been served on the respondent): (e) section 134 (arrest of absconding respondent).
189 Part 5 r 374 Family Court Rules 2002 Reprinted as at 14 July 2017 (2) An application without notice under section 134 of the Family Proceedings Act must be in form FP 41.

(3) Rule 335(4) (which relates to applications to vary or rescind an order made on an application without notice) applies to an order made on an application re- ferred to in subclause (1).
Compare: SR 1981/261 r 82 374 Order of priority of warrants to seize property (1) (2) (3) The Registrar must note on a request for the issue of a warrant to seize property the precise time of the request.

If a warrant to seize property is issued, the Registrar must endorse the warrant with the precise time of the request.
If more than 1 warrant to seize property is issued against the same person, the warrants must be executed in the order of the times of the making of the re- quests noted under subclause (1).

(4) A warrant issued under section 103 of the Family Proceedings Act 1980 must rank in order of priority with a warrant to seize property issued under the Dis- trict Courts Act 1947.
Compare: SR 1981/261 r 83; SR 1992/58 r 55 Rule 374 heading: replaced, on 14 April 2014, by rule 7(1) of the Family Courts Amendment Rules (No 3) 2013 (SR 2013/414).

Rule 374(1): amended, on 14 April 2014, by rule 7(2) of the Family Courts Amendment Rules (No 3) 2013 (SR 2013/414).

Rule 374(2): amended, on 14 April 2014, by rule 7(2) of the Family Courts Amendment Rules (No 3) 2013 (SR 2013/414).
Rule 374(3): amended, on 14 April 2014, by rule 7(2) of the Family Courts Amendment Rules (No 3) 2013 (SR 2013/414).

Rule 374(4): replaced, on 14 April 2014, by rule 7(3) of the Family Courts Amendment Rules (No 3) 2013 (SR 2013/414).

Rule 374(4): amended, on 1 July 2014, by rule 30 of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).
375 Application of rule 369 In its application to the enforcement, under section 259 of the Child Support Act 1991, of the liability of a person to pay maintenance under the Family Pro- ceedings Act which is due but unpaid at the close of 30 June 1992, rule 369 applies subject to sections 127(3) and 128(6) of the Family Proceedings Act.
Compare: SR 1981/261 r 84 376 Bond by receiver A person appointed under section 121 of the Family Proceedings Act as a re- ceiver of property to which a respondent is entitled must, before acting as re- ceiver, give security for the due administration of the receivership to the Regis- trar’s satisfaction unless the person is— 190 Reprinted as at 14 July 2017 (a) (b) (c) Family Court Rules 2002 Part 5 r 380 Public Trust (as defined in section 4 of the Public Trust Act 2001); or the Māori Trustee; or a trustee company as defined in section 2 of the Trustee Companies Act 1967.
Compare: SR 1981/261 r 85; SR 1992/58 r 58 Rule 376(b): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).
Family Protection Act 1955 and Law Reform (Testamentary Promises) Act 1949 377 Interpretation In this rule and rules 378 to 387, unless the context otherwise requires,— Acts means the Family Protection Act and Testamentary Promises Act Family Protection Act means the Family Protection Act 1955 Testamentary Promises Act means the Law Reform (Testamentary Promises) Act 1949.

378 Forms The forms set out in Schedule 7 must be used in proceedings under the Acts.
379 Naming of respondent (1) The only respondent to be named in an application made under either of the Acts is the personal representative of the deceased person against whose estate the claim is brought.

(2) A person need not be named as a respondent in proceedings under either of the Acts if the person only became a respondent because the court directed that the person be served.
Compare: SR 1992/109 r 443 380 Who must be served with copy of application or interlocutory application under Acts (1) Section 4(3) of the Family Protection Act affects who must be served with a copy of an application under that Act.
(2) An applicant to proceedings under either or both of the Acts must file an inter- locutory application without notice for directions as to service if— (a) (b) (c) that is required by law; or the applicant is in doubt as to the person on whom the application must be served; or an order is sought that a person represent a person, or class of persons, who should be served; or 191 Part 5 r 381 Family Court Rules 2002 Reprinted as at 14 July 2017 (d) (e) the court directs the applicant to do so; or the Registrar directs the applicant to do so.
(2A) An interlocutory application filed under subclause (2) must also seek such orders for representation as may be required.

(3) An application under subclause (2) must— (a) (b) (c) be supported by the information specified in rule 381: specify the directions that the applicant considers appropriate: be accompanied by a memorandum signed by the applicant’s lawyer set- ting out the reasons why the directions are considered appropriate.
Compare: SR 1992/109 r 444(1), (4) Rule 380(2): amended, on 3 August 2009, by rule 8(1) of the Family Courts Amendment Rules 2009 (SR 2009/185).

Rule 380(2)(d): amended, on 3 August 2009, by rule 8(2) of the Family Courts Amendment Rules 2009 (SR 2009/185).

Rule 380(2)(e): inserted, on 3 August 2009, by rule 8(2) of the Family Courts Amendment Rules 2009 (SR 2009/185).

Rule 380(2A): inserted, on 3 August 2009, by rule 8(3) of the Family Courts Amendment Rules 2009 (SR 2009/185).
381 Information to be provided in support of application under rule 380(2) (1) If an application is made under rule 380(2), the applicant must provide infor- mation to the court in support of the application, by affidavit or some other means, that will enable the court to decide— (a) which persons or classes of persons are interested in the applicant’s claim: (b) which persons or classes of persons may be adversely affected by the ap- plicant’s claim: (c) by what means the interests of each person or class of persons referred to in paragraph (a) or paragraph (b) may be adequately represented.
(2) The information to be provided under subclause (1) is— (a) the date of the death of the deceased and the date of grant of probate or letters of administration: (b) whether the deceased died testate or intestate and, if testate, a copy of his or her last will with any codicils: (c) (d) (e) the value of the estate, so far as it is known to the applicant: the names, addresses, occupations, and ages of the beneficiaries under the will or persons entitled on the intestacy, as the case requires: if the proceedings are under the Family Protection Act, the names, ad- dresses, occupations, and ages of the persons of each class entitled to claim under that Act: 192 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5 r 383 (f) any other relevant information.
Compare: SR 1992/109 r 444(2), (3) 382 Order for directions as to service or for representation (1) On an application being made under rule 380(2) for directions as to service, the court or Registrar may make any order for service that the court or Registrar thinks fit.
(1A) On an application being made under rule 380(2) for orders for representation, the court may make any order for representation that it thinks fit and, in par- ticular, may make orders regarding the representation of— (a) (b) (c) a minor; or an incapacitated person; or a person who is subject to a property order under the Protection of Per- sonal and Property Rights Act 1988.
(2) An appointment under subclause (1A) may be made without the appointment of a representative under rule 90B, 90C, 90D, or 90F if the court considers that an appointment of that kind is not necessary.

(3) The effect of every order for directions as to service or for representation made under this rule must be noted on the list (see rule 20(1)(a)) of names and ad- dresses of the persons on whom the application is required or intended to be served.
Compare: SR 1992/109 r 444(5) Rule 382(1): replaced, on 3 August 2009, by rule 9(1) of the Family Courts Amendment Rules 2009 (SR 2009/185).

Rule 382(1A): inserted, on 3 August 2009, by rule 9(1) of the Family Courts Amendment Rules 2009 (SR 2009/185).

Rule 382(2): amended, on 1 March 2014, by rule 19 of the Family Courts Amendment Rules 2014 (LI 2014/3).

Rule 382(2): amended, on 3 August 2009, by rule 9(2) of the Family Courts Amendment Rules 2009 (SR 2009/185).
383 Applications without notice (1) An affidavit verifying the facts alleged in the application must be sworn by, or on behalf of, the applicant and filed with the other documents (see rule 20(1)(c)) required to be filed to make an application under either of the Acts if— (a) service of the application is not required by the Act concerned or any of these rules; or (b) service has been dispensed with by the court.
(2) In the affidavit, the deponent must depose— (a) that, so far as the facts alleged in the application relate to matters within his or her personal knowledge, they are true; and 193 Part 5 r 384 Family Court Rules 2002 Reprinted as at 14 July 2017 (b) that, so far as the facts alleged in the application relate to matters outside his or her personal knowledge, he or she believes them to be true.
(3) Despite subclause (2), the court may require a fact outside the deponent’s per- sonal knowledge to be proved by an affidavit of a person having personal knowledge of that fact.

Compare: SR 1992/109 r 445 384 Joining in proceedings under Acts (1) A respondent in proceedings under either of the Acts who wishes to claim against the same estate must make an application for an order under the Act concerned.
(2) If a respondent makes an application in accordance with subclause (1), these rules apply— (a) (b) as if the respondent were an applicant; and as if the applicant were a respondent.
(3) It is not necessary for a person making an application in accordance with sub- clause (1) to apply for directions for service or to comply with rule 20(1)(a) by listing on the application form the names and addresses of the persons to be served, but the person must serve the documents issued for service in relation to the application and accompanying affidavits— (a) (b) (c) on the personal representative; and on the applicant; and on all other persons on whom the applicant has been directed to effect service.
(4) If, in proceedings under either of the Acts, a person who has not been directed to be served wishes to claim against the same estate, he or she must make an application for an order under the Act concerned and, after that, subclauses (2) and (3) apply as if that person were a respondent in the proceedings.
Compare: SR 1992/109 r 446 385 Joinder of claims and consolidation (1) Claims under the Family Protection Act and the Testamentary Promises Act may be joined in 1 application, whether or not the claims are made in the alter- native, and rule 25(3) applies accordingly.
(2) A surviving spouse or partner (the survivor) may, under rule 391(1), include a claim under the Property (Relationships) Act 1976 against the estate of the de- ceased spouse or partner in any proceedings against that estate under either or both of the Acts.
194 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5 r 388 (3) Rules 135 and 136 (consolidation of proceedings) may be applied if separate proceedings are pending against the estate of a deceased person under any of the Acts and the Property (Relationships) Act 1976.

Compare: SR 1992/109 r 447 Rule 385(2): amended, on 26 April 2005, by section 8(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).
386 Notice of intention to appear or notice of defence A respondent in proceedings under either or both of the Acts may, within the time specified in or under rule 41, file in the court and serve on the other par- ties, under rule 40,— (a) (b) a notice of intention to appear; or a notice of defence.
387 Affidavits in support or in opposition (1) A respondent who has filed a notice of intention to appear may serve affidavits in support of the matters referred to in the notice of intention to appear— (a) at the time of the serving of the notice, without seeking the leave of the court; or (b) at any time after the serving of the notice, with the leave of the court.
(2) Subject to subclause (1), a respondent may not file an affidavit in opposition to the application of an applicant or a claimant under rule 384 unless the respond- ent has filed and served a notice of intention to appear or a notice of defence.

(3) Any affidavit filed by the respondent after the filing of a notice of defence or notice of intention to appear must be confined to matters put in issue by plead- ings or by the notice of intention to appear.
Compare: SR 1992/109 rr 450, 451 Property (Relationships) Act 1976 388 Interpretation In this rule and rules 389 to 404, unless the context otherwise requires,— Act means the Property (Relationships) Act 1976 affidavit of assets and liabilities means an affidavit required to be filed and served under rule 398 applicant— (a) means a person who makes an application for an order or declaration under the Act; and (b) in proceedings under the Act of the kind referred to in section 10D(1) of the Act (that is, proceedings commenced while both spouses or partners 195 Part 5 r 389 Family Court Rules 2002 Reprinted as at 14 July 2017 were alive, if one or both of them die), includes the personal representa- tive of a deceased spouse or partner who made the application option A means the option set out in section 61(2) of the Act (that is, to elect to make an application under the Act for a division of the relationship property) option B means the option set out in section 61(3) of the Act (that is,— (a) (b) (c) to elect not to make an application under the Act for a division of the relationship property; and if the surviving spouse or partner is a beneficiary under the will of the deceased spouse or partner, to receive that property; and if the surviving spouse or partner is entitled to a beneficial interest on the intestacy or partial intestacy of the deceased spouse or partner, to receive that interest) respondent— (a) means, in relation to proceedings for an order or declaration under the Act, a person intended to be served with notice of the application for the order or declaration; and (b) (c) in proceedings under the Act commenced, after the death of one spouse or partner, by the surviving spouse or partner, includes the personal rep- resentative of the deceased spouse or partner; and in proceedings under the Act of the kind referred to in section 10D(1) of the Act (that is, proceedings commenced while both spouses or partners were alive, if one or both of them die), includes the personal representa- tive of a deceased spouse or partner on whom notice of the application concerned was served.
Rule 388 affidavit of assets and liabilities: amended, on 31 March 2014, by rule 37 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

Rule 388 applicant paragraph (b): amended, on 26 April 2005, by section 8(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Rule 388 option B paragraph (b): amended, on 26 April 2005, by section 8(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).
Rule 388 option B paragraph (c): amended, on 26 April 2005, by section 8(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Rule 388 respondent paragraph (b): amended, on 26 April 2005, by section 8(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Rule 388 respondent paragraph (c): amended, on 26 April 2005, by section 8(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).
389 Forms The forms set out in Schedule 8 must be used in proceedings under the Act.
390 Filing of applications Unless an enactment requires otherwise, an application under the Act may be filed— 196 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5 r 392 (a) (b) (c) in the court nearest to the place where the respondent or one of the re- spondents resides or carries on business; or in the court nearest to the place where the subject matter of the proceed- ings arose wholly or in part; or if no respondent is named in the application, in the court nearest to the place where the applicant or one of the applicants resides or carries on business.
Compare: SR 2001/380 r 7 391 Joinder of claims and consolidation (1) A surviving spouse or partner (the survivor) may include a claim under the Act against the estate of the deceased spouse or partner in any proceedings against that estate under— (a) (b) (c) the Family Protection Act 1955; or the Law Reform (Testamentary Promises) Act 1949; or both of those Acts.
(2) For the purposes of subclause (1),— (a) (b) the survivor need not also claim under either or both of the Acts referred to in subclause (1)(a) and (b); but if the survivor does claim under either or both of those Acts, his or her claim under the Act need not be made in the alternative.

(3) Rules 135 and 136 (consolidation of proceedings) may be applied if separate proceedings are pending against the estate of a deceased person under any 1 or more of the Acts referred to in subclause (1).
Compare: SR 1992/109 r 447 Rule 391(1): amended, on 26 April 2005, by section 8(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).
392 Affidavit in support (1) An applicant for an order or declaration under the Act must file with the other documents required to be filed to make the application (see rule 20(1)(c)) an affidavit that includes information about any of the following matters that are relevant in the particular case: (a) (b) (c) (d) the date of the marriage or civil union, or the date by which the de facto relationship had begun, and the duration of the marriage, civil union, or de facto relationship: the parties and their property: children of the marriage, civil union, or de facto relationship: proposed arrangements for the division of property: 197 Part 5 r 393 Family Court Rules 2002 Reprinted as at 14 July 2017 (e) if the application is one that relates to the estate of a deceased spouse or partner,— (i) whether the deceased died testate or intestate; and (ii) whether the survivor of the deceased spouse or partner has chosen option A or option B: (f) matters in issue between the parties.
(2) The affidavit may have annexed to it a copy of any document relied on by the applicant in support of the application (for example, if the survivor has chosen option A, a copy of the notice required to be lodged by section 65(2)(c) of the Act).
(3) Unless a Judge or Registrar directs otherwise, a respondent must, within 20 working days of service on the respondent of the application under the Act, file and serve on the applicant an affidavit sufficient to inform the court of the facts relied on by the respondent.
(4) The affidavit to be filed and served by the respondent— (a) must include information about any of the matters listed in subclause (1)(a) to (f) that are relevant in the particular case; and (b) may have annexed to it a copy of any document relied on by the re- spondent.

Compare: SR 2001/380 r 8 Rule 392(1)(a): replaced, on 26 April 2005, by section 8(2) of the Relationships (Statutory Referen- ces) Act 2005 (2005 No 3).
Rule 392(1)(c): amended, on 26 April 2005, by section 8(2) of the Relationships (Statutory Referen- ces) Act 2005 (2005 No 3).

Rule 392(1)(e): amended, on 26 April 2005, by section 8(2) of the Relationships (Statutory Referen- ces) Act 2005 (2005 No 3).

Rule 392(1)(e)(ii): amended, on 26 April 2005, by section 8(2) of the Relationships (Statutory Refer- ences) Act 2005 (2005 No 3).
393 Notice of defence A person served with an application under the Act may, within the time speci- fied in or under rule 41, file in the court and serve on the applicant, under rule 40, a notice of defence.

394 Who must be given notice of applications under Act Sections 37 and 92 of the Act affect who must be given notice of an application under the Act.
395 Variation or recision of order made on application without notice If an order is made against a party or person on an application without notice, under rule 24(2), the party or person may, at any time, apply, under rule 34(c), to vary or rescind the order.
Compare: SR 2001/380 r 12(2) 198 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5 r 398 396 Copies of orders varying maintenance orders Rule 370 applies if, in proceedings under the Act, the court varies, extends, suspends, or discharges a maintenance order made by another court.
397 Meaning of party A and party B in rules 398 to 404 (1) In rules 398 to 404,— party A means a party to proceedings who is required, by these rules or by a direction of a Judge, to file an affidavit of assets and liabilities party B means the other party to the proceedings.
(2) By way of explanation,— (a) (b) (c) if an applicant is required to file an affidavit of assets and liabilities, in relation to that affidavit the applicant is party A and the respondent is party B; and if the respondent is required to file an affidavit of assets and liabilities, in relation to that affidavit the respondent is party A and the applicant is party B; and therefore, each party in proceedings may be both party A and party B, but in relation to different affidavits of assets and liabilities.
Rule 397: replaced, on 31 March 2014, by rule 38 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
398 Affidavit of assets and liabilities to be filed and served (1) An applicant who applies for an order under section 25(1)(a) of the Act must file with the application— (a) (b) an affidavit of assets and liabilities in form P(R) 1; or an application for a direction as to the time within which he or she must file an affidavit of assets and liabilities, along with an explanation of why the affidavit is not being filed with the application.
(2) The respondent in proceedings for an order under section 25(1)(a) of the Act must, within 20 working days after receiving service of the applicant’s affidavit of assets and liabilities, file— (a) (b) an affidavit of assets and liabilities in form P(R) 1; or an application for a direction as to the time within which he or she must file an affidavit of assets and liabilities, in which case the application must include an explanation of why the affidavit is not filed within the prescribed time.
(3) A Judge may, on his or her own initiative or on an interlocutory application for the purpose, require a party to any proceedings (not being proceedings under section 25(1)(a) of the Act) to file, within the time specified by the Judge, an affidavit of assets and liabilities in form P(R) 1.

199 Part 5 r 399 Family Court Rules 2002 Reprinted as at 14 July 2017 (4) Party A must serve on party B a copy of any affidavit of assets and liabilities filed in accordance with this rule or a direction of a Judge.
Rule 398: replaced, on 31 March 2014, by rule 38 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

399 Failure by applicant to file affidavit of assets and liabilities If party A is the applicant in the proceedings, and he or she fails to file an affi- davit of assets and liabilities as required by these rules or a direction of a Judge, a Judge may order that the application be— (a) (b) dismissed; or stayed until the affidavit is filed and served as required.
Rule 399: replaced, on 31 March 2014, by rule 38 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

400 Filing inadequate affidavit of assets and liabilities (1) (2) In this rule, an inadequate affidavit of assets and liabilities is an affidavit of assets and liabilities provided by party A that party B believes on reasonable grounds— (a) (b) is incomplete; or fails to accurately set out the nature and value of the property of party A.
If party A fails to file an affidavit of assets and liabilities as required by these rules or a direction of a Judge, or if party B considers that party A has filed an inadequate affidavit of assets and liabilities, party B may apply to the court, either without notice or on notice, for— (a) (b) an order requiring party A to attend at a time and place stated in the order for examination by the court as to any or all of the matters required to be disclosed in an affidavit of assets and liabilities; or an order, under section 38(1) of the Act, for an inquiry into the nature and value of the property of party A that is or may be in issue in the pro- ceedings.
(3) On an application for an order under subclause (2)(a), a Judge or Registrar may make an order for the attendance and examination by the court of party A and for the production of any books or documents relating to party A’s property.

(4) An order under subclause (3) must— (a) (b) be in form P(R) 3; and be served personally on party A.
In exercising the court’s power under section 40 of the Act to make an order as to costs, a Judge must take into account a failure by any party to file an affida- vit of assets and liabilities or, as the case requires, the filing of an inadequate affidavit of assets and liabilities.

(5) 200 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5 r 402 Rule 400: replaced, on 31 March 2014, by rule 38 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
401 Failure to attend for examination or to comply with directions (1) If party A fails to attend for examination at the time and place appointed, a Judge may issue a warrant in form P(R) 4 to arrest party A and bring him or her before the court as soon as possible.
(2) Subclause (3) applies if party A— (a) (b) fails to comply with an order made under rule 400(3); or on attending, or being brought before, the court for examination, wilfully and without lawful excuse disobeys a direction given to him or her by the Judge in relation to that examination (including a direction to answer questions).
(3) Party A may continue in the proceedings (whether as applicant or respondent) only if Judge orders that party A be allowed to continue, and the Judge may make that order on such terms as the Judge thinks fit.

(4) Nothing in subclause (3) limits section 112 of the District Courts Act 1947 (which relates to committal for contempt).

Rule 401: replaced, on 31 March 2014, by rule 38 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
402 Power to summon witness (1) A Judge or Registrar may issue a summons in form P(R) 5, requiring a person (other than party A) to appear before the court as a witness at the time and place appointed in the summons, if the Judge or Registrar believes, in relation to an examination to be held under rule 400, that the person— (a) (b) has possession of a book, paper, or document relating to the affairs or property of party A; or is capable of giving information concerning party A’s property, or liabil- ities, or both.
(2) A person summoned in that way may be required to produce a book, paper, or document relating to party A’s affairs or property.

(3) A person who is required by a summons issued under subclause (1) to travel more than 20 kilometres to attend the examination is not bound to attend unless expenses in accordance with the scale prescribed by the Witnesses and Inter- preters Fees Regulations 1974 are tendered to that person.
(4) On the failure of a person to appear before the court in answer to a summons under subclause (1), a Judge may issue a warrant in form P(R) 6 to arrest the person and bring the person before the court as soon as possible.

Compare: SR 2001/380 r 18 Rule 402(1): amended, on 31 March 2014, by rule 39(1) of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
201 Part 5 r 403 Family Court Rules 2002 Reprinted as at 14 July 2017 Rule 402(1): amended, on 3 August 2009, by rule 11 of the Family Courts Amendment Rules 2009 (SR 2009/185).

Rule 402(1)(a): amended, on 31 March 2014, by rule 39(1) of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

Rule 402(1)(b): amended, on 31 March 2014, by rule 39(2) of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
Rule 402(2): amended, on 31 March 2014, by rule 39(3) of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

Rule 402(3): amended, on 1 July 2013, by rule 6 of the Family Courts Amendment Rules 2013 (SR 2013/181).

403 Execution of warrants (1) A person to whom a warrant under rule 400(5) or rule 402(4) is issued may execute it immediately, but need not do so if the person believes that the person to be arrested could not, within 72 hours after the arrest, be brought before the court.
(2) A warrant under rule 400(5) or rule 402(4) ceases to have effect if a sufficient affidavit of assets and liabilities is filed by party A.

(3) Every person apprehended under a warrant under rule 400(5) or rule 402(4) is bailable as of right.

Compare: SR 2001/380 r 19 Rule 403(2): amended, on 31 March 2014, by rule 40(1) of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

Rule 403(3): amended, on 31 March 2014, by rule 40(2) of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
404 Conduct of examination (1) An examination under rule 400 must be made orally on oath before the court.

(2) A party A who is brought before a court under rule 400— (a) must appear personally; but (b) may be represented by a lawyer who may examine party A and be heard on the matter of party A’s property.

(3) A witness may be cross-examined by party A or his or her lawyer.

(4) An examination under rule 400 may from time to time be adjourned by the Judge to a time and place then appointed.
(5) On an examination under rule 400, the following sections apply, so far as ap- plicable and with all necessary modifications, as if the examination were the hearing of a charge: (a) (b) section 168 of the Criminal Procedure Act 2011; and sections 27 to 30 of the Bail Act 2000.

Compare: SR 2001/380 r 20 Rule 404(2): amended, on 31 March 2014, by rule 41(1) of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
202 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5 r 410 Rule 404(2)(b): amended, on 31 March 2014, by rule 41(2) of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

Rule 404(2)(b): amended, on 31 March 2014, by rule 41(3) of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

Rule 404(3): amended, on 31 March 2014, by rule 41(2) of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
Rule 404(5)(a): amended, on 1 July 2013, by rule 7(1) of the Family Courts Amendment Rules 2013 (SR 2013/181).

Rule 404(5)(b): amended, on 1 July 2013, by rule 7(2) of the Family Courts Amendment Rules 2013 (SR 2013/181).

Protection of Personal and Property Rights Act 1988 405 Interpretation In rules 406 to 416, unless the context otherwise requires, Act means the Pro- tection of Personal and Property Rights Act 1988.

406 Forms The forms set out in Schedule 9 must be used in proceedings under the Act.
407 Filing of applications An application under the Act must be filed in the court nearest to the place where the person in respect of whom the application is made resides.

Compare: SR 1988/213 r 14(1) 408 Medical or other report in support of application to be filed Any medical, psychiatric, or other report in support of an application under the Act must be— (a) filed with the other documents (see rule 20(1)(d)) required to be filed to make the application; and (b) issued for service under rule 32(2)(c).
Compare: SR 1988/213 r 12(3) 409 Notice of intention to appear A person served with an application under the Act may, within the time speci- fied in or under rule 41, file in court and serve on the applicant, under rule 40, a notice of intention to appear.
Compare: SR 1988/213 r 17 410 Consent to appointment as welfare guardian or as manager (1) The filing in the court of a duly completed statement of consent in form PPPR 16 is sufficient evidence that the person who signed the statement con- sents to that person’s appointment as a welfare guardian under section 12 of the Act.
203 Part 5 r 411 Family Court Rules 2002 Reprinted as at 14 July 2017 (2) The filing in the court of a duly completed statement of consent in form PPPR 17 is sufficient evidence that the person who signed the statement con- sents to that person’s appointment as a manager under section 31 of the Act.

Compare: SR 1988/213 r 24 411 Who must be served with applications under Act (1) (2) Section 30(3) of the Act affects who must be served with a copy of an applica- tion for a temporary order under the Act.
Section 63(1) and section 108(a) of the Act affect who must be served with a copy of an application for the exercise of a court’s jurisdiction under the Act.

412 Service on persons other than parties (1) A party to proceedings under the Act may apply to the Registrar for a direction that a person who is not a party be served.

(2) (3) (4) The application must state the reasons why the person specified in the applica- tion should be served.
If the Registrar is satisfied that the person specified in the application should be served, the Registrar must direct accordingly.

If the Registrar declines to give a direction under this rule, the party seeking the direction may request that the matter be referred to a Judge, who may give or decline the direction as the Judge thinks fit.
Compare: SR 1988/213 r 32 413 Pre-hearing conference (1) A request under section 66(1) of the Act for the convening of a pre-hearing conference may be made to the Registrar at any time before the hearing of the proceedings has commenced.

(2) The request may be made orally or in writing but, if made orally, must be con- firmed in writing as soon as possible.

(3) Under section 66(2) of the Act, a Judge may (at any stage of the proceedings) direct a Registrar to convene a pre-hearing conference.
Compare: SR 1988/213 r 19 414 Change of Judge after pre-hearing conference A Judge who decides, under section 73 of the Act, that he or she should not hear any later proceedings between the parties must make a note to that effect in his or her record of the conference.
Compare: SR 1988/213 r 20 415 Fixing date and time for hearing (1) Unless a Judge in a particular case orders otherwise, no date and time may be fixed for the hearing of an application under the Act— 204 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5 r 416 (a) (b) before a request for the convening of a pre-hearing conference in respect of the application has been disposed of; or before the time for the filing of a notice of intention to appear has ex- pired.
(2) The Registrar must fix a date and time for the hearing of an application under the Act if subclause (1) does not prevent that and there is filed in the court an application for a fixture in form G 17 signed by, or on behalf of,— (a) (b) the applicant; and the lawyer representing the person in respect of whom the application is made; and (c) every person (if any) who has filed a notice of intention to appear.
(3) However, the Registrar may fix a date and time for the hearing even though the application for a fixture is not signed by all of the persons specified in sub- clause (2)(a) to (c) if the Registrar is satisfied that— (a) (b) the persons who have not signed the application have refused to do so; and none of those persons has, in the circumstances, a reasonable reason for refusing to sign the application.
(4) A Registrar who fixes a date and time under subclause (3) must note on the ap- plication that the Registrar has done so.

(5) The Registrar must give notice of the date and time of the hearing to the parties and to the lawyer representing the person in respect of whom the application is made.

(6) All parties must give the Registrar, without delay, all available information af- fecting any estimated length of the hearing.
Compare: SR 1988/213 r 22 416 Proof of service of applications (1) An application under the Act (not being an interlocutory application) may not be heard unless, in respect of each respondent on whom service is not altogeth- er dispensed with, either— (a) (b) the court is satisfied that the respondent has taken some steps in the pro- ceedings; or an affidavit in form G 8 has been filed showing that the respondent has been personally served with the documents issued for service in relation to the application (see rule 127), or an affidavit has been filed showing that the respondent has been otherwise duly served in accordance with the directions of the court or a Judge.
205 Part 5A r 416A Family Court Rules 2002 Reprinted as at 14 July 2017 (2) If an order in form G 9 is made under rule 126 for substituted service by adver- tisement (for example, in form G 10), the affidavit of advertising (see rule 128) must be in form G 11.

Compare: SR 1988/213 r 34(1), (4) Part 5A Special rules for certain proceedings under Care of Children Act 2004 Part 5A: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
416A Application of Part (1) (2) This Part applies to proceedings under the Care of Children Act 2004, other than proceedings under subpart 4 of Part 2 of that Act (which are proceedings relating to international child abduction and are dealt with under the general rules and any applicable rules in Part 5).
The rules in Parts 1, 3, 4, and 6 of these rules apply to proceedings under the Care of Children Act 2004 in the same way as they apply to other proceedings, but a rule in Part 2 applies only if, and to the extent that, this Part provides.

Rule 416A: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
416B Interpretation In this Part, unless the context otherwise requires,— Act means the Care of Children Act 2004 (excluding subpart 4 of Part 2) approved form means a form approved by the Secretary for Justice under rule 62A for use by applicants and parties in proceedings under the Act complex case has the meaning given in rule 416T conference means any one of the following conferences held during proceed- ings under the Act: (a) (b) (c) (d) (e) an issues conference (see rule 416X): a settlement conference (see rule 416Y): a directions conference (see rules 416Z and 416ZA): a pre-hearing conference (see rule 416ZB): a case management conference (see rule 416ZC) FDR means family dispute resolution as defined in the Family Dispute Reso- lution Act 2013 (and referred to in sections 46E and 46F of the Act) hearing means any of the following hearings held during proceedings under the Act: (a) a defended hearing (see rule 416ZF): 206 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5A r 416C (b) (c) (d) a submissions-only hearing (see rule 416ZG): a formal proof hearing (see rule 416ZH): any other form of hearing as directed by a Judge notice of response means a notice in an approved form that serves the function of a notice of defence, a notice of intention to appear, or an appearance (as re- quired) and that is filed and served by a respondent or other person under rule 416K prescribed form means a form used or issued by the court or a Registrar and prescribed in Schedule 1 or 10 track means any one of the following procedural tracks described in this Part: (a) (b) (c) the standard track (see rule 416S): the without notice track (see rule 416U): the simple track (see rule 416V).
Rule 416B: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

Overview Heading: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

416C Overview of proceedings (1) A person may commence proceedings under the Act by filing an application in court, either on notice (see rule 416G) or without notice (see rule 416H).
(2) A respondent who is served with the application and with any orders made (in the case of a without notice application) may respond in various ways, but usu- ally by way of a notice of response (see rules 416K and 416L).
(3) Proceedings are dealt with on the following tracks, in accordance with rules 416P to 416V: (a) standard track—for all proceedings other than those on the simple track or the without notice track (see rule 416S): (b) without notice track—for all proceedings commenced by an application made without notice (see rule 416U) or directed by a Judge to proceed as if the proceedings were commenced by an application made without no- tice (see section 7A(4) of the Act): (c) simple track—for uncontested proceedings (ie, for proceedings com- menced by an application for a consent order and proceedings in which no notice of response is filed) (see rule 416V).
(4) There are 5 kinds of conferences, none of which are mandatory.

No more than 1 of each should normally be convened in the course of proceedings, except case management conferences (which are only available for complex cases).

207 Part 5A r 416D Family Court Rules 2002 Reprinted as at 14 July 2017 (5) All 5 kinds of conferences are available on the standard track, but on the with- out notice track, only a directions conference may be held, and on the simple track, only an issues conference may be held.
(6) Any kind of hearing is available on the standard track and the without notice track.

Defended hearings and submissions-only hearings are not available on the simple track.

(7) This rule is by way of explanation only.

If any other rule in this Part is incon- sistent with this rule, the other rule prevails.

Rule 416C: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
416D Flowcharts of proceedings (1) The way the tracks work is set out, in a simplified form and without reference to possible interlocutory matters, in the following flowcharts: Track Assignment Application r 416F Without notice r 416H On notice r 416G By consent No notice of response filed Notice of response filed Without notice track r 416U Simple track r 416V Standard track r 416S 208 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5A r 416D Standard Track r 416S Chambers Issues conference Note For complex cases, case management conferences can be convened at any stage.
Settlement conference Directions conference Pre-hearing conference (as required) Hearing Final orders 209 Part 5A r 416D Family Court Rules 2002 Reprinted as at 14 July 2017 Without Notice Track r 416U Chambers Final orders Interim orders No orders * Directions conference Standard track * Hearing * Final orders * Dealt with on an urgent basis 210 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5A r 416E Simple Track r 416V Chambers Interim orders or no orders Formal proof hearing Issues conference Final orders Final orders Standard track (2) The flowcharts in this rule are by way of explanation only.
If any other rule in this Part is inconsistent with these flowcharts, the other rule prevails.

Rule 416D: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

416E Forms (1) (2) (3) In proceedings to which this Part applies, the court and Registrars must use the forms set out in Schedule 10, but applicants, parties, and other persons must use approved forms (which are available on the Ministry of Justice website), if available.
If a rule in any other part of these rules requires a person (not being the court or a Registrar) to use a particular prescribed form in Schedule 1 (for instance, form G 1 or form G 8), then, if there is an approved form that corresponds to that form, the person must use the corresponding approved form.

If there is no suitable approved form for a particular purpose, the parties may devise an appropriate form, using other approved forms as guides (and noting the requirements of rule 62A(2)).
(4) A Registrar may refuse to accept for filing any document that does not comply with this rule and any other rule in Part 2 that relates to the requirements of documents to be filed.

Rule 416E: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

211 Part 5A r 416F Family Court Rules 2002 Reprinted as at 14 July 2017 Applications Heading: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
416F Commencing proceedings (1) To commence proceedings under the Act, a person must file an application on an approved form in court.

(2) There are 2 kinds of applications, namely,— (a) applications on notice, which include applications for consent orders; and (b) applications without notice.

(3) Under section 7A of the Act, the extent to which a lawyer can act for a party is affected by whether an application is made with or without notice.
(4) Every application must be accompanied by— (a) (b) (c) an affidavit in support, on an approved form, that sets out all the evi- dence that the applicant will rely on (see rule 416Q); and an information sheet on an approved form (but if multiple applications are being filed by the applicant, only 1 information sheet is required); and any other document required by the Act, these rules, or the application form to accompany the application.
(5) The following rules apply in relation to applications: (a) (b) (c) (d) (e) rule 26 (about documents relating to earlier proceedings): rule 28 (about the proper court in which to file proceedings): rule 29 (which says that rules 75 and 76, which are about how to file documents generally, apply to applications): rule 30 (about applications filed or accepted for filing in the wrong court): rule 31 (about applications presented for filing but incomplete or other- wise not in order): (f) rule 49 (which applies various rules in Part 3 to affidavits).
(6) An application under section 72(2) or 73(2) of the Act seeking a warrant direct- ing that a child be delivered to the applicant, or to some other person or author- ity named in the warrant on behalf of the applicant, must be accompanied by a written statement indicating what arrangements are being made for the delivery of the child to the applicant after execution of the warrant.
(7) An applicant who applies under section 77 of the Act for the issue of a warrant and orders to prevent the removal of a child from New Zealand and who wish- es to have the child’s details listed in the New Zealand Customs Service com- 212 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5A r 416HA puter system must file with the application a request for a border alert in the form approved by the Secretary for Justice.
Rule 416F: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

416G Applications to be made on notice unless application can be made without notice (1) An application must be made on notice unless it is permitted by rule 416H to be made without notice.

(2) When an application is made on notice, there must also be filed the same num- ber of copies of the documents filed as there are persons on whom the docu- ments are required or intended to be served.
Rule 416G: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
416H When application without notice can be made An application without notice may be made only if— (a) (b) (c) (d) the Act specifically permits it; or the delay caused by making the application on notice would or might en- tail serious injury or undue hardship or risk to the personal safety of the applicant or any child of the applicant’s family, or both; or the application affects the applicant only, is in respect of a routine matter, or is about a matter that does not affect the interests of any other person; or every person in respect of whom the order is sought has either died or cannot be found; or (e) the application is made under 1 of the following: (i) (ii) (iii) section 76 of the Act (authority to use faxed copy of warrant): section 77 of the Act (preventing removal of child from New Zea- land): section 143(5) of the Act (order dispensing with security for ap- peal costs).
Rule 416H: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

Rule 416H(b): amended, on 31 March 2014, by rule 4 of the Family Courts Amendment Rules (No 3) 2014 (LI 2014/87).
416HA Certificate of lawyer to be included in applications without notice (1) An application without notice must include a certificate signed by the party’s lawyer certifying— (a) that the lawyer has advised the applicant that every affidavit filed with the application must fully and frankly disclose all relevant circumstan- 213 Part 5A r 416I Family Court Rules 2002 Reprinted as at 14 July 2017 ces, whether or not they are advantageous to the applicant or any other person; and that the lawyer has made reasonable enquiries of the applicant in order to establish whether the relevant circumstances have been disclosed; and that, to the best of the lawyer’s knowledge, every affidavit filed with the application discloses all relevant circumstances; and (b) (c) (d) that the lawyer— (i) (ii) is satisfied that the application and every affidavit filed with it complies with the requirements of the Act and these rules; and is satisfied on reasonable grounds that the order or orders sought fall within the grounds on which an order can be made.
(2) A certificate given by a lawyer under subclause (1)— (a) must be signed by the lawyer personally in his or her own name; and (b) may be given by the lawyer who has taken the affidavit in support or any other affidavit relevant to the application.

(3) The lawyer is responsible to the court in respect of the matter referred to in subclause (1)(d)(ii).

Rule 416HA: inserted, on 31 March 2014, by rule 5 of the Family Courts Amendment Rules (No 3) 2014 (LI 2014/87).
After application filed Heading: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
416I What happens with applications filed on notice (1) After an application made on notice is accepted for filing, the Registrar must complete a notice to respondent (referred to in paragraph (c)) and must issue for service (that is, in general terms, make ready and complete for delivery) the following documents: (a) (b) (c) (d) (e) the application form: the affidavit or affidavits in support filed with the application: the information sheet: a notice to respondent (which indicates that the application has been made and how, in general terms, it may be responded to or defended) in form COC 2: any other document required, by the Act or these rules, to be issued for service.
The Registrar must either arrange for the service of the documents referred to in subclause (1), or make them available for service, on each person who will be a party to, or is interested in, or is likely to be affected by, the proceedings, (2) 214 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5A r 416J unless a Registrar or Judge directs otherwise on an interlocutory application for the purpose.

(3) The documents must be served as provided in rule 35(1), and rule 35(2) ap- plies.
(4) A Judge may, on his or her own initiative or on an interlocutory application for the purpose, order that a copy of an affidavit issued for service under subclause (1)(b)— (a) not be served on any or all of the persons required or intended to be served with the application; or (b) not be served on any or all of those persons for the time being.

Rule 416I: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
416J What happens with applications filed without notice (1) As soon as practicable after an application without notice is accepted for filing, it must be referred to a Judge for consideration on the papers in Chambers.
(2) Following that consideration, the Judge may make whatever directions he or she thinks fit and must, in relation to each order sought, do 1 of the following: (a) make an interim order, in which case he or she must direct the applica- tion to proceed to a hearing in accordance with rule 416U: (b) make a final order, but only if the application was made under rule 416H(c), (d) or (e): (c) decline to make an order, in which case the Judge must,— (i) (ii) if the issues in dispute are urgent, direct that the application pro- ceed to a hearing in accordance with rule 416U; or direct that the application be dealt with as if it had been made on notice and that the proceedings be dealt with on the standard track.
(3) Then the Registrar must, without delay,— (a) make a copy of any order made available to the applicant; and (b) (c) (d) arrange for service (under rule 101) of any order made on every person against whom it is made; and arrange for service of the application and other documents on the re- spondent, by doing the things required by rule 416I(1), (2), and (3) as if the application had been made on notice; and rule 416I(4) applies; and if the application has been directed to proceed to a hearing, do the things required by rule 416U.
Rule 416J: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
215 Part 5A r 416K Family Court Rules 2002 Reprinted as at 14 July 2017 416K Notice of response by respondent who opposes application (1) A person who is served with an application (whether the application is made on notice or without notice), and who opposes all or any part of it, may file in court a notice of response and must (unless the Registrar arranges to do this) serve a copy of the notice of response on every other party to the proceedings.
(2) Every notice of response must— (a) (b) be on an approved form; and be accompanied by a supporting affidavit, on an approved form, that sets out all the evidence on which the respondent will rely (see rule 416Q).
(3) The notice of response must be filed and served— (a) (b) within 21 days after the person is served with the application or within any shorter time directed by a Judge or Registrar; or if the person resides outside New Zealand, unless the court orders other- wise, within— (i) (ii) 30 days if the person is served within the Commonwealth of Aus- tralia; or 50 days if the person is served outside New Zealand or the Com- monwealth of Australia; or (c) if the person is the subject of an order for substituted service (see rule 126), within the time that the Judge or Registrar must fix on an inter- locutory application that the applicant must make for the purpose.
(4) The following rules apply, with all necessary modifications (such as treating the references to a notice of defence as references to a notice of response), in relation to a person who is served with an application: (a) (b) rule 39 (which is about a person who is served with an application giv- ing an address for service): rule 42 (which describes how, when a person who has been served with an application has failed to file a notice of response within the required time, the person can nonetheless be heard at a hearing).
Rule 416K: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

416L Notice by respondent wishing to protest jurisdiction Rule 43 applies, with all necessary modifications, to a respondent wishing to object to the jurisidiction of the court to hear and determine the proceedings.

Rule 416L: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
216 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5A r 416P 416M Notice by respondent wishing to be heard or reserve rights Rules 44 and 45 (but not rule 46) apply, with all necessary modifications, to a respondent who does not oppose an application but who wishes to be heard or to reserve his or her rights by filing and serving an appearance.

Rule 416M: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
416N Party requiring more information Rule 47 applies, with all necessary modifications, to any party to an application who wishes to get more information or an admission from another person.

Rule 416N: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

416O Witness summons and witness expenses Rule 50 (about when a party wishes to summon a witness) and rule 51 (about payment of witnesses who attend court) apply to proceedings under the Act.
Rule 416O: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

Proceedings generally Heading: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

416P Proceedings dealt with on tracks (1) All proceedings must be dealt with on the appropriate track, in order to assist the proceedings to progress through to resolution in an orderly and efficient manner.
(2) Whichever track proceedings are on, and whatever stage they are at, except as otherwise specifically provided in the Act or this Part, a Judge may (without limitation) do any of the following: (a) make orders by consent: (b) (c) (d) (e) appoint, in accordance with section 7 of the Act, a lawyer to represent the child or children: appoint, under section 130 of the Act, a lawyer to assist the court: seek a report referred to in section 132(2) of the Act by requesting, or directing the Registrar to request, a copy of an application for guardian- ship or for a parenting order (other than an interim parenting order) to be supplied to the chief executive of the department responsible for the ad- ministration of the Oranga Tamariki Act 1989: request, or direct the Registrar to request, under section 133 of the Act, the preparation of a cultural report, medical report, psychiatric report, or psychological report: 217 Part 5A r 416Q Family Court Rules 2002 Reprinted as at 14 July 2017 (f) (g) (h) (i) (j) give approval under section 133(10) of the Act for the preparation and presentation of a second opinion: direct the parties to attend FDR (but only in accordance with section 46F of the Act): refer the parties to counselling services (but only in accordance with sec- tion 46G of the Act): direct the parties to attend a parenting information programme (but only in accordance with section 46O of the Act): change the track on which the proceedings are being dealt with.
Rule 416P: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

Rule 416P(2)(d): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
416Q Restriction on further evidence being filed A party may not, after filing an initial affidavit in support (whether with an ap- plication or with a notice of response), file a further affidavit of evidence ex- cept— (a) as directed by a Judge; or (b) with the leave of a Judge; or (c) where the party is seeking, under rule 47 (as applied by rule 416N), fur- ther evidence or an admission.

Rule 416Q: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
416R What happens when FDR is ordered (1) If the parties to proceedings under the Act are ordered under section 46F of the Act to attend FDR, no further steps may be taken in the proceedings, except with the leave of a Judge, until the court receives the form required by section 13(1) of the Family Dispute Resolution Act 2013.
(2) After the court receives that form, a Judge must review the application on the papers in Chambers in light of the outcome of FDR and make whatever orders or directions he or she thinks fit, including (if necessary) identifying which type of conference or hearing is to follow.

Rule 416R: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

Heading: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
Tracks 416S Standard track (1) Proceedings must be dealt with on the standard track if— 218 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5A r 416T (a) a notice of response to an application filed on notice is filed and served within the required time; or (b) a Judge directs that the proceedings be dealt with on the standard track.
(2) When proceedings are dealt with on the standard track, as soon as practicable after a notice of response is filed and served, the application and notice must be referred to a Judge for consideration on the papers in Chambers.
(3) Following that consideration, the Judge may make whatever orders and direc- tions he or she thinks fit and must, unless the parties are directed to FDR, do 1 of the following: (a) (b) (c) direct that an issues conference be convened (see rule 416X), unless paragraph (b) or (c) applies: direct that a settlement conference be convened (see rule 416Y), but only if it appears that issues in dispute are likely, without an issues confer- ence, to be able to be settled by way of a settlement conference: direct that the application proceed to a hearing (see rules 416ZD to 416ZH), but only if it appears that the issues in dispute will only be able to be resolved by way of a hearing.
(4) If no notice of response is filed and served within the time required by rule 416K(3), the application must be dealt with on the simple track.

(5) At the end of an issues conference held for proceedings on the standard track, unless the Judge directs the parties to attend FDR, the judge must— (a) (b) identify the issues in dispute; and direct— (i) (ii) that a settlement conference be convened; or that the application proceed to a hearing.
Rule 416S: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

416T Complex case on standard track (1) A Judge may classify as a complex case any proceedings that are being dealt with on the standard track, but only if the Judge is satisfied that the proceed- ings require a greater degree of judicial oversight than is ordinarily provided in proceedings under the Act.
(2) The kind of features that indicate that particular proceedings require a greater degree of judicial oversight than is ordinarily provided include the following: (a) (b) allegations of serious abuse or violence: that the personalities or behaviour of the parties, or any of the parties, indicate that there may be a serious risk to the physical or psychological safety or well-being of any child involved in the case: (c) novel or difficult legal, technical, or evidential issues.
219 Part 5A r 416U Family Court Rules 2002 Reprinted as at 14 July 2017 (3) If a case is classified as a complex case,— (a) (b) the Judge who so classified the proceedings must personally (wherever practicable) take over all subsequent steps in the proceedings, unless or until the Judge decides that it is no longer a complex case; and case management conferences may be convened at any time in connec- tion with the proceedings.
Rule 416T: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

416U Without notice track (1) When proceedings are dealt with on the without notice track, the first steps (which occur before the respondent has been served with notice of the applica- tion) are as described in rule 416J.

(2) If a Judge directs that the application proceed to a hearing, a directions confer- ence must be convened before the hearing (see rules 416W, 416Z, and 416ZA).
(3) On an application made without notice, if it appears to a Judge that the issues in dispute are urgent,— (a) the application must proceed on a faster time frame than applies to pro- ceedings on the standard track; and (b) wherever possible, a directions conference must be convened within 3 weeks after the date on which the Judge directs the application to pro- ceed to a hearing.
(4) (5) In no case may a directions conference be held on the without notice track be- fore the expiry of the period within which a notice of response may be filed.

The only conference that can be held for proceedings on the without notice track is a directions conference.

Rule 416U: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
416V Simple track (1) Proceedings to be dealt with on the simple track are— (a) (b) proceedings commenced by an application for a consent order; and proceedings commenced by an application on notice in which no re- spondent has filed a notice of response within the time required for the filing of that notice.

(2) When proceedings are dealt with on the simple track, a Judge must consider the application on the papers in Chambers.
(3) That consideration must take place,— (a) if the application was made by consent, within 2 weeks after it was filed (where reasonably practicable); and (b) in any other case, as soon as practicable.

220 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5A r 416W (4) (5) Following that consideration, the Judge must, if possible, dispose of the pro- ceedings by making all necessary final orders.
If it is not possible to dispose of the proceedings at that time, the Judge may make any directions and interim orders he or she considers appropriate, and must (whether or not any interim orders are made) do at least 1 of the follow- ing: (a) (b) (c) direct the parties to attend an issues conference: direct that the application proceed to a formal proof hearing: direct any party to provide further written information or evidence, in which case, on receipt of the information or evidence, a Judge (not nec- essarily the same Judge who originally considered the application) must again consider the matter on the papers; and subclause (4) and this sub- clause then apply.
(6) The only conference that can be held for proceedings on the simple track is an issues conference.

(7) At the end of an issues conference held for proceedings on the simple track, the Judge must— (a) (b) direct that the application proceed to a formal proof hearing; or direct that the matter be dealt with on the standard track.

Rule 416V: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
Conferences generally Heading: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
416W General rules about conferences (1) In proceedings under the Act, rules 174 to 176 (about conferences) do not apply except as specifically identified in this Part, and every conference must be 1 of the following kinds: (a) (b) (c) (d) (e) an issues conference (see rule 416X): a settlement conference (see rule 416Y): a directions conference (see rules 416Z and 416ZA): a pre-hearing conference (see rule 416ZB): a case management conference (see rule 416ZC).
(2) When a Judge directs that a conference be held, the Judge may give the direc- tion on such terms as the Judge thinks fit, and rule 175B(1) and (2) (about a Registrar giving notice of a conference) applies as if the conference were a judicial conference.

(3) Parties must attend a conference if directed to do so by a Judge and, if permit- ted under section 7A of the Act, parties’ lawyers may also attend.
221 Part 5A r 416X Family Court Rules 2002 Reprinted as at 14 July 2017 (4) (5) Every conference under this Part must be presided over by a Judge.

The presiding Judge may do any of the relevant things listed in rule 175D(2) at any conference under this Part, other than at a settlement conference (except as provided in rule 416Y(5)).

(6) A conference may be held by way of teleconference, video conference, or any other electronic means, as directed by a Judge or Registrar.
(7) As soon as practicable after every conference, the Registrar must provide the parties with a record of all orders made and directions given by the Judge at the conference.

(8) Rule 176 (about non-compliance with orders made and directions given at a conference) applies to every conference held under this Part as if it were a judicial conference.

Rule 416W: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
Specific kinds of conferences Heading: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

416X Issues conference The purpose of an issues conference is to enable a Judge, having seen and spoken with the parties to an application, to make any orders or give any direc- tions the Judge thinks fit, and to do the things referred to in rule 416S(5) or 416V(7) (as applicable).
Rule 416X: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

416Y Settlement conference (1) Under section 46Q of the Act, the purpose of a settlement conference is to enable a Judge to— (a) ascertain whether any or all of the issues in dispute between the parties can be settled; and (b) settle those issues.
(2) Rules 178 to 180 do not apply to a settlement conference under this Part, ex- cept that— (a) (b) rule 178(3) and (4) applies; and rule 179(3) applies.

(3) A Judge may, on request by a party, permit any person to attend a settlement conference as a support person for that party, and the Judge must agree to such a request unless he or she considers there is a good reason why the named sup- port person should not be permitted to be present.
222 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5A r 416Z (4) At the conclusion of a settlement conference the Judge may make any direction that he or she thinks fit and must do 1 or more of the following: (a) make a consent order (under section 46Q(3) of the Act) settling some or all of the issues in dispute: (b) direct that the application proceed to a hearing, but only if— (i) (ii) the Judge is satisfied that all the issues in dispute between the par- ties cannot be settled at the settlement conference; and the Judge has indicated to the persons attending the conference that he or she has formed that view: (c) if section 46F of the Act applies, direct the parties to attend FDR.
(5) If the Judge directs, under subclause (4)(b), that the application proceed to a hearing,— (a) (b) the Judge may do any of the relevant things referred to in rule 175D(2), and may also do anything referred to in rule 416Z(2); and if the Judge directs also that a directions conference be held, the direc- tions conference must be convened, if reasonably practicable, within 4 weeks after the settlement conference.
(6) A Judge who presides over a settlement conference may also preside over any hearing that follows it, whether or not the parties consent.

Rule 416Y: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
416Z Directions conference (1) The purpose of a directions conference is to enable a Judge to make the orders and give the directions that are necessary to ensure that the hearing takes place as early as possible and will enable the determination of the issues in dispute between the parties.
(2) At the conclusion of a directions conference, unless subclause (3) applies, the Judge— (a) must— (i) (ii) (iii) settle the issues to be determined at the hearing; and identify any witnesses who are required for cross-examination; and approve a timetable for filing and serving any further evidence; and (b) may require the applicant to prepare and file an agreed bundle of docu- ments (which must be paginated) and direct that the costs of preparing that bundle be shared equally between the parties.
223 Part 5A r 416ZA Family Court Rules 2002 Reprinted as at 14 July 2017 (3) If no respondent (being a person who has been served with the application and required to attend the conference) has filed a notice of response within the re- quired time,— (4) (5) (a) (b) the Judge may treat the conference as a hearing and may determine the application at that time; and if a respondent attends the conference, rule 42 (which sets out when a respondent may be heard) applies as if the conference were a hearing.
If it appears that some or all of the issues in dispute can be determined by way of a submissions-only hearing, the Judge must direct that a submissions-only hearing be held (see rule 416ZG).

If the proceedings are on the without notice track, the period between the direc- tions conference and any subsequent hearing must, where reasonably practic- able, be not more than 3 weeks.

Rule 416Z: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
416ZA Memoranda filed in advance of directions conference (1) Not later than 5 working days before the date of a directions conference (or within any other period specified by a Registrar),— (a) (b) the parties must file a joint memorandum, in the approved form, that ad- dresses the matters in subclause (2); or if a joint memorandum cannot be agreed, each party must file, and serve on the other parties, a separate memorandum, in the approved form, that addresses the matters in subclause (2).
(2) The matters referred to in subclause (1) are as follows: (a) (b) (c) (d) (e) (f) (g) (h) (i) the issues (if any) that have been settled between the parties: the issues in dispute to be determined at the hearing: a chronology of relevant events: a list of affidavits filed by the party or parties and that the party or par- ties intend to rely on: whether the party or parties wish the court to request, under section 133 of the Act, the preparation of a cultural, medical, psychiatric, or psycho- logical report: whether the party or parties wish to obtain the approval of the court under section 133(10) of the Act for a second opinion on a report reques- ted by the court under that section: the evidence proposed to be tendered at the hearing, including the identi- fication and availability of any witness: a proposed timetable for filing and serving evidence: which (if any) orders made or directions given in the proceedings— 224 Reprinted as at 14 July 2017 (i) (ii) Family Court Rules 2002 Part 5A r 416ZE have been complied with; or have not been complied with, and the reasons for non-compliance.
Rule 416ZA: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

416ZB Pre-hearing conference (1) After a directions conference, a Judge may, if he or she considers it necessary, direct that a pre-hearing conference be convened.
(2) The purpose of a pre-hearing conference is to enable a Judge to review a pro- ceeding that is set down for hearing and to make any orders or give any direc- tions that the Judge considers necessary to ensure that the proceeding will be ready to be determined at the hearing.

Rule 416ZB: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
416ZC Case management conference (1) Case management conferences may only be convened for complex cases, and only for the purpose of allowing closer judicial management of the case.

(2) A case management conference may be convened at any time, either by a Judge on his or her own initiative or on application by a party.

Rule 416ZC: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
Hearings Heading: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

416ZD What happens when Judge directs that application proceed to hearing (1) When a Judge directs that an application proceed to a hearing, the Judge must at the same time specify what kind of hearing must be held.
(2) Section 7A(4)(b)(iii) of the Act provides that a lawyer may act for any party to a proceeding commenced by an application made on notice if a Judge has di- rected that the application proceed to a hearing.

Rule 416ZD: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
416ZE Hearings generally (1) As soon as practicable after a Judge directs that an application proceed to a hearing, the Registrar must (unless the Judge directs otherwise) fix a date and time for the hearing.

(2) When the Registrar fixes the date and time for a hearing, he or she must give notice of the date, time, and place of the hearing to the parties as soon as prac- ticable.
225 Part 5A r 416ZF Family Court Rules 2002 Reprinted as at 14 July 2017 (3) The following rules in Part 2 apply, with any necessary modifications, to all hearings held in proceedings under the Act: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) rule 48 (about evidence at hearings being given by affidavit): rule 49 (which applies certain rules in Part 3 that relate to affidavits): rules 50 and 51 (about witnesses): rule 53 (about moving from court to Chambers): rule 54 (about ascertaining wishes and views of child or young person): rule 55 (about the procedure if parties do not appear): rule 56 (about when a judgment can be set aside): rule 57 (about the procedure if all parties appear): rule 58 (about what happens at the end of a hearing): rule 59 (about rehearings): rule 60 (about appeals to the High Court).
Rule 416ZE: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

416ZF Defended hearings (1) Subclause (2) applies to all defended hearings unless— (a) (b) the hearing is for a complex case and the Judge considers that the times should be varied; or the Judge considers that the times should be varied for any other good reason consistent with the purpose of these rules.
(2) The total time allowed for a hearing must not exceed the total time calculated in accordance with this subclause and subclause (3): (a) (b) (c) Action Time limit (minutes) Examination of parties and witnesses 10 per person examined Cross-examination of witnesses by— (i) each party (ii) lawyer for the child Re-examination of parties and witnesses 40 per person cross-examined 30 per person cross-examined 5 per person re-examined (d) Submissions on the law by— (i) each party (ii) lawyer for the child 10 10 The Judge must determine an amount of time to be allocated for all remaining aspects of the hearing (including, for example, dealing with non-party witness- es).
(3) 226 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 5A r 416ZJ Rule 416ZF: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

416ZG Submissions-only hearings (1) A Judge may direct that a hearing be a submissions-only hearing if he or she is satisfied that some or all of the issues in dispute can be determined by a hear- ing conducted in accordance with subclause (2).
(2) At a submissions-only hearing,— (a) (b) (c) the matters must be decided on the basis only of submissions (written or oral) by the parties, any lawyer for the child, and any lawyer appointed to assist the court; and no witnesses may be called; and no cross-examination of the parties may be conducted (and therefore nothing in rule 169 applies).
(3) If, at the end of a submissions-only hearing, all the matters in dispute have not been determined, the Judge may do any of the relevant things referred to in rule 175D(2) and may also do anything referred to in rule 416Z(2).

Rule 416ZG: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
416ZH Formal proof hearings At a formal proof hearing, no witnesses may be called, but the party or parties must prove to the satisfaction of the Judge that making the order sought would be consistent with section 4 of the Act.

Rule 416ZH: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

Miscellaneous Heading: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
416ZI Request to speak on child’s cultural background A party to proceedings under the Act who asks the court (under section 136(1) of the Act) to hear a person speak on a child’s cultural background, or on any aspect of it that may be relevant to a matter in issue in the proceedings, must make that request in writing.

Compare: Rule 350A Rule 416ZI: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
416ZJ Costs of contravention of parenting order A party to a parenting order (party A) who applies under section 71 of the Act for an order requiring another party to the parenting order (party B) to pay the costs incurred by party A because of party B’s contravention of the parenting 227 Part 6 r 417 Family Court Rules 2002 Reprinted as at 14 July 2017 order must include, in the affidavit required to be filed with the application under rule 416F, details of those costs.
Rule 416ZJ: inserted, on 31 March 2014, by rule 42 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

Part 6 Registry matters, fees, and transitional matters Overview of Part 417 Overview of this Part (1) (2) (3) This Part contains rules about Registry matters, fees, and transitional matters.

It should be read with all other Parts of these rules.
The application of this Part to proceedings is modified by any rules in Part 5 that apply to the proceedings (Part 5 contains rules that modify this Part).

(4) This Part contains rules on the following matters: (a) (b) (c) (d) (e) court offices: sittings on days that are not working days: [Revoked] records: proceedings, etc, that originated under previous rules.

(5) This rule is only a guide to the general scheme and effect of this Part.
Rule 417(4)(c): revoked, on 1 March 2014, by rule 20 of the Family Courts Amendment Rules 2014 (LI 2014/3).

Court offices 418 Court offices and hours (1) (2) Every court has an office.

The office is the office for the District Court of which the court is a division.

(3) All business relating to proceedings in a court must be conducted through its office.

(4) The Registrar must keep the court office open during the office hours stated in, or fixed under, DCR 1.22, and DCR 1.22.4 applies accordingly.
Rule 418(2): replaced, on 1 November 2009, by rule 32(1) of the Family Courts Amendment Rules (No 2) 2009 (SR 2009/292).

Rule 418(4): replaced, on 1 November 2009, by rule 32(2) of the Family Courts Amendment Rules (No 2) 2009 (SR 2009/292).

228 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 6 r 423 Sittings on days that are not working days 419 Sittings when court office closed (1) A court may sit on a day that is not a working day if a Judge decides that any matters need to be dealt with.
(2) A Judge must not decide that a court will sit on a Sunday, New Year’s Day, Good Friday, or Christmas Day unless he or she is satisfied that the matters to be dealt with are extremely urgent.

(3) (4) (5) For the purpose of a hearing on a day that is not a working day, or of giving effect to an order made at a hearing on a day that is not a working day, the Judge may authorise the issue or receipt of any document that complies with these rules.
The Judge may authorise the service of any document issued or received under subclause (3).

Subclauses (1) and (3) override DCRs 2.1 and 2.3 (see the definition of work- ing day in rule 8 of these rules).

Compare: SR 1992/109 r 18 Rule 419(5): amended, on 1 July 2014, by rule 31 of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).

Heading: revoked, on 18 May 2009, pursuant to regulation 11(1) of the Family Courts Fees Regula- tions 2009 (SR 2009/88).
Fees 420 Fee for proceedings under Adoption Act 1955 [Revoked] Rule 420: revoked, on 1 July 2004, by rule 6 of the Family Courts Amendment Rules 2004 (SR 2004/165).

421 Fee for proceedings under Family Proceedings Act 1980 [Revoked] Rule 421: revoked, on 18 May 2009, by regulation 11(1) of the Family Courts Fees Regulations 2009 (SR 2009/88).

422 Fees must be prepaid on filing [Revoked] Rule 422: revoked, on 18 May 2009, by regulation 11(1) of the Family Courts Fees Regulations 2009 (SR 2009/88).
423 Fees inclusive of GST [Revoked] Rule 423: revoked, on 18 May 2009, by regulation 11(1) of the Family Courts Fees Regulations 2009 (SR 2009/88).

229 Part 6 r 424 Family Court Rules 2002 Reprinted as at 14 July 2017 Records 424 Records (1) A Registrar must keep a record of— (a) (b) every application filed in the court; and every direction or order made as a result of an application.

(2) Those records must be kept in the form directed by the chief executive of the Ministry of Justice.
(3) A minute of the direction or order made as a result of an application must— (a) (b) be noted on the application form; and be signed and dated by the Judge or Registrar making the direction or order.

(4) Nothing in this rule limits other requirements to note court records.

Compare: SR 1996/148 r 94 Rule 424(2): amended, on 1 October 2003, pursuant to section 14(2) of the State Sector Amendment Act 2003 (2003 No 41).
425 Transfer of adoption records (1) The Minister of Justice may give written notice to a Registrar requiring the Registrar to transfer adoption records to the Registrar-General appointed under the Births, Deaths, Marriages, and Relationships Registration Act 1995.

(2) A Registrar who receives a notice under subclause (1) must deliver the records to the Registrar-General without delay.

(3) The Registrar-General is responsible for adoption records received by him or her under this rule.
Compare: SR 1959/109 r 5 Rule 425(1): amended, on 24 January 2009, by section 49(2) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
426 Interpretation In rules 427 to 430,— access means to do any or all of the following under the supervision of an offi- cer of the court: (a) (b) (c) search any court file: inspect any document on a court file: copy any document, or part or parts of a document or court file court file means a collection of documents in the custody or control of the court that relate to a proceeding document— 230 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 6 r 427 (a) means any written material in the custody or control of the court that re- lates to a proceeding (including any interlocutory application associated with the proceeding), whether or not kept on a court file; and (b) includes documentary exhibits, video recordings, records in electronic form, films, photographs, and images in electronic form; but (c) excludes— (i) notes made by or for a Judge or Registrar for his or her personal use; and (ii) any document that discloses the address of an applicant who— (A) (B) is an applicant for a protection order; and has advised the court that he or she wishes his or her ad- dress to be kept confidential under rule 311; and (iii) any material that relates to the administration of the court first access period means the period that— (a) (b) (c) is the first period during which a document or court file in relation to a proceeding may be accessed; and commences on the date on which the proceedings are commenced; and ends,— (i) (ii) if there is a sealed judgment or order, 6 years from the date of that sealed judgment or order; or if there is no sealed judgment or order, 6 years from the date of the Judge’s reasons or minute making the order second access period means the period that— (a) (b) (c) is the second period during which a document or court file in relation to a proceeding may be accessed; and commences from the end of the first access period; and ends when the document or file is transferred to Archives New Zealand.
Rule 426: replaced, on 1 March 2014, by rule 21 of the Family Courts Amendment Rules 2014 (LI 2014/3).

427 Access to documents and court files during first access period (1) Only the persons specified in subclause (2) are entitled to have access to a document or court file during the first access period.
(2) The persons referred to in subclause (1) are— (a) (b) (ba) a party to the proceedings: a lawyer acting for a party to the proceedings: a lawyer appointed to represent a child or young person in the proceed- ings: 231 Part 6 r 428 Family Court Rules 2002 Reprinted as at 14 July 2017 (bb) a lawyer appointed to assist the court in the proceedings: (c) any of the following persons in relation to proceedings under the Oranga Tamariki Act 1989: (i) (ii) (iii) (iv) (v) (vi) [Revoked] [Revoked] a lay advocate appointed to appear in support of a child or young person who is the subject of the proceedings: a care and protection co-ordinator: a youth justice co-ordinator: the Children’s Commissioner, or a person authorised by the Child- ren’s Commissioner to act on behalf of that Commissioner: (d) a person who has been permitted access to a document or court file on an application made under rule 429.
(3) Despite subclause (1), a person referred to in subclause (2)(a) to (c) may not have access to a document or court file if— (a) (b) to allow the person access to the document or court file would contra- vene any order or direction of the court; or the Registrar considers that there is some special reason why the person should not have access to the document or court file.

Rule 427: replaced, on 1 March 2014, by rule 21 of the Family Courts Amendment Rules 2014 (LI 2014/3).
Rule 427(2)(ba): inserted, on 1 August 2014, by rule 17(1) of the Family Courts Amendment Rules (No 5) 2014 (LI 2014/214).

Rule 427(2)(bb): inserted, on 1 August 2014, by rule 17(1) of the Family Courts Amendment Rules (No 5) 2014 (LI 2014/214).

Rule 427(2)(c): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
Rule 427(2)(c)(i): revoked, on 1 August 2014, by rule 17(2) of the Family Courts Amendment Rules (No 5) 2014 (LI 2014/214).

Rule 427(2)(c)(ii): revoked, on 1 August 2014, by rule 17(2) of the Family Courts Amendment Rules (No 5) 2014 (LI 2014/214).

Rule 427(3): amended, on 1 July 2014, by rule 32 of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).
428 Access to documents and court files during second access period During the second access period— (a) a party to a proceeding— (i) is entitled to have access to an order made in the proceeding by a Judge or Registrar; and (ii) may apply to the court under rule 429 for permission to access any other document or the court file; and 232 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 6 r 429 (b) any other person may apply to the court under rule 429 for permission to access a document or the court file.
Rule 428: replaced, on 1 July 2014, by rule 33 of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).

429 Application for permission to access documents or court files (1) Any person may apply to the court for permission to access a document or court file— (a) (b) during the first access period; or during the second access period.
(2) An application under this rule is made by letter to a Registrar and must— (a) (b) (c) identify the document or court file that the applicant seeks access to; and state what access is sought to that document or court file by the appli- cant; and explain the purpose for which the applicant seeks that access to the document or court file.
(3) On receipt of an application made under subclause (2), the Registrar may,— (a) if the Registrar considers that the applicant has a genuine and proper in- terest,— (i) (ii) make an order permitting the applicant access to the document or court file; or direct that the application be treated as an interlocutory applica- tion on notice; or if the Registrar is in doubt as to whether to make an order or direction under paragraph (a), refer the application to a Judge; or if the Registrar considers that the applicant does not have a genuine and proper interest, decline the application.
(b) (c) (4) When an application is referred to a Judge under subclause (3)(b), the Judge may,— (a) if the Judge considers that the applicant has a genuine and proper inter- est,— (i) (ii) make an order permitting the applicant access to the document or court file; or direct that the application be treated as an interlocutory applica- tion on notice; or (b) if the Judge considers that the applicant does not have a genuine and proper interest, decline the application.
233 Part 6 r 429A Family Court Rules 2002 Reprinted as at 14 July 2017 (5) When making an order or direction under subclause (3)(a), a Registrar may de- cide to make that order or direction subject to such terms and conditions as the Registrar thinks fit.

(6) When making an order or direction under subclause (4)(a), a Judge may decide to make that order or direction subject to such terms and conditions as the Judge thinks fit.
Rule 429: replaced, on 1 March 2014, by rule 21 of the Family Courts Amendment Rules 2014 (LI 2014/3).

Rule 429(1): replaced, on 1 July 2014, by rule 34 of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).

Rule 429(2): amended, on 1 August 2014, by rule 18(1) of the Family Courts Amendment Rules (No 5) 2014 (LI 2014/214).

Rule 429(3): replaced, on 1 August 2014, by rule 18(2) of the Family Courts Amendment Rules (No 5) 2014 (LI 2014/214).
Rule 429(4): replaced, on 1 August 2014, by rule 18(2) of the Family Courts Amendment Rules (No 5) 2014 (LI 2014/214).

Rule 429(5): inserted, on 1 August 2014, by rule 18(2) of the Family Courts Amendment Rules (No 5) 2014 (LI 2014/214).

Rule 429(6): inserted, on 1 August 2014, by rule 18(2) of the Family Courts Amendment Rules (No 5) 2014 (LI 2014/214).
429A Review of Registrars’ decisions under rule 429 (1) A Registrar must refer to a Judge a decision that the Registrar has made under rule 429(3) or (5) if a person— (a) (b) disputes that decision; and asks the Registrar to refer the decision to a Judge.

(2) The Judge may confirm, vary, or rescind the Registrar’s decision.

Rule 429A: inserted, on 1 August 2014, by rule 19 of the Family Courts Amendment Rules (No 5) 2014 (LI 2014/214).
430 Rules 426 to 429A are subject to other provisions Rules 426 to 429A are subject to— (a) (b) section 23 of the Adoption Act 1955; and every other provision of any Act, or any other of these rules, relating to access to a document or court file.

Rule 430: replaced, on 1 March 2014, by rule 21 of the Family Courts Amendment Rules 2014 (LI 2014/3).

Rule 430 heading: amended, on 1 August 2014, by rule 20(1) of the Family Courts Amendment Rules (No 5) 2014 (LI 2014/214).
Rule 430: amended, on 1 August 2014, by rule 20(2) of the Family Courts Amendment Rules (No 5) 2014 (LI 2014/214).

234 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 6 r 431B 431 Open searching, inspection, and copying of documents or records filed or lodged more than 60 years ago [Revoked] Rule 431: revoked, on 1 March 2014, by rule 21 of the Family Courts Amendment Rules 2014 (LI 2014/3).
431A Information requested by District Court for purposes of section 124N of Domestic Violence Act 1995 (1) In this rule,— Person A means a person against whom a Police safety order has been issued under section 124B of the Domestic Violence Act 1995 Person B means the person named in the Police safety order for whose safety the order was issued.
(2) (3) This rule applies when a complaint has been made to a District Court under section 124L(3) of the Domestic Violence Act 1995 for a direction or an order under section 124N of that Act in respect of person A.

The Registrar of the District Court may, on receipt of a complaint, request the Registrar of a Family Court to confirm whether there is, in the Family Courts, an application filed by person B for a protection order against person A cur- rently pending determination.
(4) A Registrar of a Family Court to whom a request under subclause (3) is made must respond to that request without delay.

Rule 431A: inserted, on 1 July 2010, by rule 6 of the Family Courts Amendment Rules (No 2) 2010 (SR 2010/122).
431B Information requested by sentencing court for purposes of section 123B of Sentencing Act 2002 (1) This rule applies where— (a) (b) a court convicts an offender of a domestic violence offence; and the victim of the offence does not object to the court making, for his or her protection, a protection order against the offender under section 123B(2) of the Sentencing Act 2002.
(2) The Registrar of the court may request the Registrar of a Family Court to con- firm whether there is currently in force a protection order against the offender made under the Domestic Violence Act 1995 for the protection of the victim of the offence.

(3) A Registrar of a Family Court to whom a request under subclause (2) is made must respond to that request without delay.
(4) In this rule, domestic violence offence and victim of the offence have the meanings given to them by section 123A of the Sentencing Act 2002.

Rule 431B: inserted, on 1 July 2010, by rule 6 of the Family Courts Amendment Rules (No 2) 2010 (SR 2010/122).
235 Part 6 r 431C Family Court Rules 2002 Reprinted as at 14 July 2017 431C Information requested for purpose of enforcing cost contribution orders (1) This rule applies to cost contribution orders, being orders that require the reim- bursement to the Crown of a prescribed proportion of certain fees and expenses and that are made under any of the following provisions: (a) (b) (c) section 135A of the Care of Children Act 2004: section 162C of the Family Proceedings Act 1980: section 226C of the Child Support Act 1991.
(2) The chief executive of the Ministry of Justice may request the Registrar of a Family Court, or the Registrars of all Family Courts, to provide to the chief executive, in a specified manner, the information required to enable the chief executive to enforce a cost contribution order made against any person.

(3) A Registrar of a Family Court to whom a request under subclause (2) is made must respond to the request by providing the information in the specified man- ner.
Rule 431C: inserted, on 31 March 2014, by rule 43 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
432 Information about domestic violence proceedings available to criminal court (1) In this rule,— civil proceeding means a proceeding in the Family Court under the Domestic Violence Act 1995 court file means a collection of documents that relate to a civil proceeding and are in the custody or control of a court criminal proceeding means a proceeding for an offence against any enactment (other than the Act) that consists of or includes conduct that is domestic vio- lence database, in relation to a civil proceeding, means any electronic system in or on which information about the civil proceeding is recorded domestic violence has the meaning given to it by section 3 of the Domestic Violence Act 1995 protection order has the meaning given to it by section 2 of the Domestic Vio- lence Act 1995.
(2) This rule applies if a defendant in a criminal proceeding— (a) is a respondent in a civil proceeding in which an application for a protec- tion order is pending; or (b) has been a respondent in a civil proceeding and— (i) (ii) has currently in force against him or her a protection order; or has previously had in force against him or her a protection order.
236 Reprinted as at 14 July 2017 Family Court Rules 2002 Part 6 r 435 (3) A Registrar of a court that is dealing with a criminal proceeding may obtain information about the civil proceeding referred to in subclause (2) from— (a) (b) the court file relating to that proceeding: any database relating to that proceeding.

(4) A Registrar of a court that is dealing with a criminal proceeding and who has obtained information under subclause (3) must make that information available to the court.
Rule 432: replaced, on 1 September 2015, by rule 5 of the Family Courts Amendment Rules 2015 (LI 2015/155).

433 Transfer of documents relating to earlier application (1) This rule applies if some or all of the parties to an application under a family law Act (the later application) were parties to an application made earlier to a different court under that Act or a former Act that corresponds to that Act (the earlier application).
(2) A party to the later application may make a written request to a Registrar that documents relating to the earlier application be transferred to the court where the later application is filed.

(3) A Registrar must arrange to have documents from the earlier application trans- ferred to the court where the later application is filed if the Registrar— (a) (b) receives a request under subclause (2); or is directed to do so by a Judge.
(4) A Registrar may, on his or her own initiative, arrange to have documents from the earlier application transferred to the court where the later application is filed.

Compare: SR 1996/148 r 25(3), (4) 434 Transfer of proceedings to High Court Rule 191 applies in relation to the transfer to the High Court of proceedings in a court.
Proceedings, etc, that originated under previous rules 435 Transitional provision (1) (2) In this rule, previous rules, in relation to proceedings in a court, means the rules that, immediately before the commencement of these rules, applied to the proceedings.
Except as provided in subclauses (4) and (5), the things specified in subclause (3) enure for the purposes of these rules as if they had originated under the cor- responding provisions of these rules, and accordingly must, where necessary, be treated as if they had originated under these rules.
237 Part 6 r 435 Family Court Rules 2002 Reprinted as at 14 July 2017 (3) The things referred to in subclause (2) are all appointments, records, accounts, books, seals, certificates, summonses, applications, notices, documents, war- rants, judgments, orders, decisions, directions, appeals and generally all acts of authority that originated under any previous rules and are subsisting or in force at the commencement of these rules.
(4) All proceedings in a court commenced before and pending or in progress on the commencement of these rules may be continued, completed, and enforced under these rules, and accordingly these rules, so far as practicable, apply to those proceedings.

However, in so far as it is not practicable for any provision of these rules to be applied to any such proceedings, the previous rules, to such extent as may be necessary, continue to apply to those proceedings.
(5) If in any proceedings to which subclause (4) applies a question arises as to the application of any of these rules or of the previous rules, the court or the Regis- trar may, either on the application of a party to the proceedings or on its or his or her own initiative, determine the question and make any order on the ques- tion as it or he or she thinks fit.
Compare: SR 1992/109 r 677 238 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 1 Schedule 1 General forms G 1 G 2 G 3 G 4 G 5 G 6 G 7 G 8 G 9 G 10 G 11 G 12 G 13 G 14 G 15 G 16 G 17 Front page for documents filed in court General heading of documents issued by court or Registrar Notice of change of representation or address for service Memorandum on first document filed by party Application form for order (or declaration) on notice Application form for order (or declaration) without notice Information sheet to accompany certain applications (including certain applications made without notice) Affidavit of service Order for substituted service Notice by advertisement Affidavit of advertising Notice of defence Notice of intention to appear Notice to admit facts Order for discovery of documents Affidavit of documents Application for fixture G 18 Witness summons G 19 G 20 G 21 G 22 G 23 G 24 G 25 G 26 G 27 G 28 Order (or declaration) Interlocutory application on notice Interlocutory application without notice Appearance under protest to jurisdiction Appearance for ancillary purpose Appearance reserving rights Subpoena to give evidence for service in Australia Subpoena for production only for service in Australia Statement of rights and obligations of person served in Australia with subpoena under Evidence Act 2006 Certificate of non-compliance with subpoena for service in Australia r 62(1) Page 241 242 243 244 245 247 248 251 252 253 255 256 257 259 260 261 263 265 266 267 269 270 271 272 273 274 276 280 239 Schedule 1 Family Court Rules 2002 G 29 Discontinuance order Reprinted as at 14 July 2017 281 240 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 1 Form G 1 Front page for documents filed in court r 72(1)(b) No: ...................
In the Family Court at [place] [full name, address, and occupation of applicant] Applicant [full name, address, and occupation of respondent(s)] Respondent(s) [Set out full description of document (including whether it is made without notice or on notice), its date, the Act under which the document is filed, and, in the case of an affidavit or affirmation, the name of the deponent and in whose support it is filed.]
This document is filed by [name and address for service, and, if filed by lawyers, the name and telephone number of the acting lawyer].
241 Schedule 1 Family Court Rules 2002 Reprinted as at 14 July 2017 Form G 2 General heading of documents issued by court or Registrar In the Family Court at [place] r 73(1)(b) No: ................... [full name, address, and occupation of applicant] Applicant [full name, address, and occupation of respondent(s)] Respondent(s) 242 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 1 Form G 3 Notice of change of representation or address for service rr 87(5), 117(3) (Front page—Form G 1) Take notice that— *the lawyer for the applicant (or respondent or third party) is now [name and address of lawyer and the lawyer’s firm, if any].
*the applicant (or respondent or third party) now acts in person in place of [name and address of previous lawyer and the lawyer’s firm, if any].

*the address for service of the applicant (or respondent or third party) is now [ad- dress complying with the definition of the term address for service in rule 8 of the Family Courts Rules 2002].

*Delete if inapplicable.

Dated [date].

.......................................


Applicant (or Respondent or Third party) [If this document notifies a change of lawyer, it must be signed by the party personally or by the party’s attorney.]

To the Registrar Family Court at [place] and To [name of other party to proceeding] 243 Schedule 1 Family Court Rules 2002 Form G 4 Memorandum on first document filed by party Reprinted as at 14 July 2017 r 82(1) This document is filed by the above-named applicant (or respondent, etc) in person.
The address for service of the above-named applicant (or respondent, etc) is [ad- dress].

or This document is filed by [name], lawyer for the above-named applicant (or respond- ent, etc), of the firm of [name].

The address for service of the above-named applicant (or respondent, etc) is [address].
Documents for service on the above-named applicant (or respondent, etc) may be left at that address for service or may be— (a) (b) posted to the lawyer at [Post Office box address]; or left for the lawyer at a document exchange for direction to [document exchange box number]; or (c) transmitted to the lawyer by fax to [fax number]; or emailed to the lawyer at [email address].

*(d) *Omit if email service will not be accepted.


or This document is filed by [name], lawyer for the above-named applicant (or respond- ent, etc), of the firm of [name], whose postal address is [address].

The lawyer’s agent in the proceeding is [address].

The address for service of the above-named applicant [or respondent, etc) is [ad- dress].
Documents for service on the above-named applicant (or respondent, etc) may be left at that address for service or may be— (a) (b) posted to the lawyer at [Post Office box address]; or left for the lawyer at a document exchange for direction to [document exchange box number]; or (c) transmitted to the lawyer by fax to [fax number]; or emailed to the lawyer at [email address].

*(d) *Omit if email service will not be accepted.


Schedule 1 form G 4: amended, on 17 November 2011, by rule 11 of the Family Courts Amendment Rules 2011 (SR 2011/349).

244 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 1 Form G 5 Application form for order (or declaration) on notice r 20(1)(a) (Front page—Form G 1) [If the application form is not otherwise provided in these rules.]
I, [full name of applicant], apply for [state precisely the nature of the order(s) or dec- laration(s) sought].

This application is made on the grounds that [specify the grounds on which the appli- cation is made, following the wording of the Act as closely as may be, and referring to any authority relied on.]

....................................... Signature of applicant .......................................
Date To the Registrar Family Court at [place] and To [set out the names and addresses of the persons intended to be served with the ap- plication] This application is filed by [full name], whose address for service is [address].

[The Registrar must complete the following appointment for hearing if an appearance is necessary or required.]

Date of hearing I appoint [date] at [time] at the Family Court at [place] for the hearing of this applica- tion.
....................................... Registrar .......................................

Date 245 Schedule 1 Family Court Rules 2002 Reprinted as at 14 July 2017 Notes Advice If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.
246 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 1 Form G 6 Application form for order (or declaration) without notice r 20(1)(a) (Front page—Form G 1) I, [full name of applicant], apply for [state precisely the nature of the order(s) or dec- laration(s) sought].

This application is made without notice because [state reason(s) why the application is made without notice].
This application is made on the grounds that [specify the grounds on which the appli- cation is made, following the wording of the Act as closely as may be, and referring to any authority relied on.]

....................................... Signature of applicant .......................................

Date To the Registrar Family Court at [place] This application is filed by [full name], whose address for service is [address].
[The Registrar must complete the following appointment for hearing if an appearance is necessary or required.]

Date of hearing I appoint [date] at [time] at the Family Court at [place] for the hearing of this applica- tion.

....................................... Registrar .......................................

Date Schedule 1 form G 6: amended, on 27 May 2010, by rule 12 of the Family Courts Amendment Rules 2010 (SR 2010/97).
247 Schedule 1 Family Court Rules 2002 Reprinted as at 14 July 2017 Form G 7 Information sheet to accompany certain applications (including certain applications made without notice) r 20(1)(b) In the Family Court at [place] No: FAM— This information sheet accompanies applications for the following order(s): [list orders] Applicant’s full name: *Home address: *Work address: *Email address: *Contact phone No: [home, work, mobile] Date of birth: Age: Gender: Occupation: Ethnic origin: [select from the following list] • • • • • • • • • New Zealand European Māori Samoan Cook Island Māori Tongan Niuean Chinese Indian Other: [specify] *Country of residence: Interpreter required: Yes/No Language: [specify] *The applicant may delete these items from copies to be served.
Full name of other party (or other applicant (in the case of a joint application)): Relationship to applicant: Home address: Work address: 248 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 1 Contact phone No: [home, work, mobile] Date of birth: Age: Gender: Occupation: Ethnic origin: [select from the following list] • • • • • • • • • New Zealand European Māori Samoan Cook Island Māori Tongan Niuean Chinese Indian Other: [specify] Country of residence: Interpreter required: Yes/No Language: [specify] Date of marriage or civil union: Place of marriage or civil union: Date by which de facto relationship had begun: Children affected by the application: Full name of each child Date of birth M/F Age Ethnic origin* Name of person with whom each child is living at time of application and relationship (if any) of that person to child Relationship of applicant to child Relationship of respondent to child New Zealand European Māori Samoan Cook Island Māori Tongan Niuean Chinese Indian Other: [specify] *Select ethnic origin from the following list: Previous applications: [give the file number of any previous applications between the parties, and the court where they were filed] Existing orders between the parties: [give details of any existing order between the parties, including the date the order was made, the court that made the order, and the court file number] 249 Schedule 1 Family Court Rules 2002 Reprinted as at 14 July 2017 Existing orders relating to any child: [give details of any existing order relating to any child affected by the application, including the date the order was made, the court that made the order, and the court file number] Date stamp: The accompanying applications are filed by: Address for service: Schedule 1 form G 7: replaced, on 7 August 2008, by rule 23 of the Family Courts Amendment Rules 2008 (SR 2008/207).
Schedule 1 form G 7: amended, on 17 November 2011, by rule 11 of the Family Courts Amendment Rules 2011 (SR 2011/349).

Schedule 1 form G 7: amended, on 22 November 2010, by rule 5 of the Family Courts Amendment Rules (No 3) 2010 (SR 2010/368).
250 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 1 Form G 8 Affidavit of service rr 127(1)(b), 298(1)(b), 358(d), 416(1)(b) I, [full name], of [address], [occupation], swear (or affirm): (Front page—Form G 1) 1 2 or 2 On [date], I duly served on [full name], party to these proceedings, a copy of: [specify each document served, giving its date and a sufficient description to enable it to be identified] by delivering them to that party personally at [ad- dress].
The party is personally known to me by reasons of the following facts: [state the facts establishing personal knowledge].

The party is not personally known to me, but I believe that the person served by me is that party by reason of the following facts: [state the facts on which the deponent relies].
Sworn (or Affirmed) at [place], [date], before me: ....................................... Signature of deponent ....................................... Registrar (or Justice of the Peace or Solicitor of the High Court) 251 Schedule 1 Family Court Rules 2002 Form G 9 Order for substituted service Reprinted as at 14 July 2017 r 126(2) On application made to it, the court orders— (General heading—Form G 2) (a) (b) (c) that personal service on the respondent of the application for [specify order(s) or declarations(s) applied for] be dispensed with; and that service on the respondent be effected by [specify instructions as to adver- tising or otherwise]; and that the time within which the respondent may file a notice of defence to the application (or request for an appearance) be fixed at [specify number] days from [date of publication of the advertisement or as otherwise ordered].
....................................... Registrar .......................................

Date 252 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 1 Form G 10 Notice by advertisement (General heading—Form G 2) rr 126(2)(b), 263(1) To [full name], [occupation], formerly of [address] [Full name of applicant] has filed an application against you for the following order(s) (or declaration(s)): [specify order(s) or declaration(s) applied for].
or [If the application is made under the Protection of Personal and Property Rights Act 1988 or the Oranga Tamariki Act 1989.]

[Full name] has filed an application in respect of [name of the person the application is about] for the following order(s) (or declaration(s)): [specify order(s) or declar- ation(s) applied for].

A copy of the application, with a notice containing information for you, may be ob- tained from my office.

or [If the application is made under the Domestic Violence Act 1995.]
[Full name] has filed an application in respect of [name of the person the application is about] for the following order(s) (or declaration(s)): [specify order(s) or declar- ation(s) applied for].

A copy of the application, with a notice containing information for you, may be ob- tained from my office.

The application has been set down for hearing on [date].
If you do not file a notice of defence to the application (or a notice of intention to appear in respect of the application) on or before [date], the application may be dealt with in your absence.

or [If the application is for an order dissolving a marriage or civil union.]
If you do not file at least 1 of the following documents, the case may proceed without you being heard: • • • a notice of defence, on or before [date]: a request for an appearance, on or before [date]: a request for a hearing, on or before [date].

253 Schedule 1 Family Court Rules 2002 Reprinted as at 14 July 2017 ....................................... Registrar .......................................
Date Any person knowing the whereabouts of [full name] is asked to bring this notice to his (or her) attention.

Schedule 1 form G 10: amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Schedule 1 form G 10: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).
254 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 1 Form G 11 Affidavit of advertising rr 128, 263(2), 298(2) I, [full name], of [address], [occupation], swear (or affirm): (Front page—Form G 1) 1 Notice to [name of party whose whereabouts are unknown] of the application for [specify the order(s) or declaration(s) sought] *in respect of [full name of the person in respect of whom the application is made] (a copy of which notice is annexed to this affidavit and marked with the letter A) was advertised as fol- lows: [state the name of each newspaper, and the place and date of publication].
*Insert if application is made under the Protection of Personal and Property Rights Act 1988 or the Oranga Tamariki Act 1989.

2 Extracts that are taken from the above newspapers and that contain the adver- tisements are annexed to this affidavit and marked with the letters B, C, etc.
Sworn (or Affirmed) at [place], [date], before me: ....................................... Signature of deponent ....................................... Registrar (or Justice of the Peace or Solicitor of the High Court Schedule 1 form G 11: amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
255 Schedule 1 Family Court Rules 2002 Form G 12 Notice of defence (Front page—Form G 1) Reprinted as at 14 July 2017 r 40(a) I, [full name], of [address], [occupation], give notice that I intend to defend the appli- cation for [specify the order(s) or declaration(s) opposed].

I say in answer to the applicant,— 1 2 3 [State whether the facts given in the application are accepted or rejected.

If any facts are rejected, state reasons.]


[Set out sufficient information to inform the court of the facts relied on by the defence.]

[Set out any facts relating to the application or to the circumstances that have existed or exist between the parties that the court should be told about.]

*I claim, in reply to the application, the following relief: [specify order(s) or other relief sought].
*I request the Registrar of the court to arrange a mediation conference (or settlement conference) to discuss this matter.

*Delete if inapplicable.

....................................... Signature of respondent .......................................

Date To the Registrar Family Court at [place] and To the applicant This notice is filed by [full name], whose address for service is at [address].
256 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 1 Form G 13 Notice of intention to appear (Front page—Form G 1) r 40(b) I, [full name], of [address], [occupation], give notice that I intend to appear at the hearing of the application of [name of applicant].

I intend to support the application for the following order(s) (or declaration(s)): [spe- cify each order or declaration sought by the applicant in respect of which you wish to support the application].
I intend to oppose the application for the following order(s) (or declaration(s)): [spe- cify each order or declaration sought by the applicant in respect of which you wish to oppose the application].

I say: 1 2 3 4 A copy of the application was served on me.

[State whether you agree or disagree with the information stated in the appli- cation.

If you disagree with any of the information, give your reasons for doing so.]

[State why you support or oppose the application.]


[State any other information relating to the application, or the circumstances of the matter, that you think the court should know about.]

[If the application is made under the Oranga Tamariki Act 1989.]

My relationship or status in relation to the child (or young person) the application is about is as follows: [specify].

This notice is given in my capacity as: [specify capacity].
....................................... Signature .......................................

Date To the Registrar Family Court at [place] and To the applicant [If the application is made under the Oranga Tamariki Act 1989.]

and 257 Schedule 1 Family Court Rules 2002 Reprinted as at 14 July 2017 To the barrister or solicitor representing the child (or young person) the application is about.

This notice is filed by [full name], whose address for service is at [address].
Schedule 1 form G 13: amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
258 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 1 Form G 14 Notice to admit facts (Front page—Form G 1) r 138(1) To [party served] This notice requires you, within 7 working days after the date on which this notice is served on you, to admit, for the purpose of this proceeding only, the following facts: [set out, and number, the facts required to be admitted].

....................................... (Lawyer for) [party giving notice] .......................................
Date 259 Schedule 1 Family Court Rules 2002 Form G 15 Order for discovery of documents Reprinted as at 14 July 2017 r 141(3)(a) (General heading—Form G 2) To [name of applicant or respondent] 1 You are ordered to file an affidavit stating— (a) (b) whether certain documents or certain classes of documents are or have been in your possession, custody, or power; and if you had the documents or classes of documents but have now parted with the documents or classes of documents, when you did so and what became of the documents or classes of documents.
The documents or classes of documents in relation to which discovery is re- quired are as follows: [specify].

You must file the affidavit within 10 days of being served with this order.

You must serve a copy of the affidavit on [full name and address for service of all other parties who have filed an address for service].

2 3 4 Date: Signature: (Registrar/Deputy Registrar*) *Select one Schedule 1 form G 15: replaced, on 27 May 2010, by rule 13 of the Family Courts Amendment Rules 2010 (SR 2010/97).
260 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 1 Form G 16 Affidavit of documents rr 141(4)(a), 142(1)(a) I, [full name], of [address], [occupation], swear (or affirm): (Front page—Form G 1) I have in my possession or power the documents specified in the first and sec- ond Parts of Schedule 1 of this affidavit.
I object to producing the documents specified in the second Part of Schedule 1 of this affidavit on the following grounds: [state on what grounds the objection is made and verify the facts as far as possible].

I have had, but have not now, in my possession or power the documents speci- fied in Schedule 2 of this affidavit.
To the best of my knowledge and belief, the documents specified in Schedule 2 of this affidavit are in the possession of the persons specified in that schedule in relation to those documents.
To the best of my knowledge, information, and belief, I have not now and have never had in my possession or power, or in the possession or power of my law- yer or of my agent or of any other person on my behalf, any document relating to the matters specified in the order for discovery, or any of them, except the documents specified in Schedules 1 and 2 of this affidavit.

[List documents to be produced.]

Schedule 1 Part 1 Part 2 [List documents the production of which is the subject of objection.]
Schedule 2 [List documents formerly in possession or power of deponent but now in possession of another person.]
Documents Name of person in possession ............................................................... ............................................................... ............................................................... ............................................................... ............................................................... ............................................................... 261 Schedule 1 Family Court Rules 2002 Sworn (or Affirmed) at [place], [date], before me: Reprinted as at 14 July 2017 ....................................... Signature of deponent ....................................... Registrar (or Justice of the Peace or Solicitor of the High Court) 262 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 1 Form G 17 Application for fixture rr 267(2), 296(3), 352(1), 415(2) We (or I) apply for a fixture for the hearing of the application.
(Front page—Form G 1) *We are parties to the application.

*I am a party to the application.

We (or I) say: *1 *1 *1 *1 *2 *2 A notice of defence has been filed.

The time for filing a notice of defence has expired.

A notice of intention to appear has been filed by each party.

The time for filing a notice of intention to appear has expired.

No request has been made for the convening of a mediation (or pre-hearing) conference.
The request for the convening of a mediation (or pre-hearing) conference has been disposed of.

†3 All interlocutory matters have been completed.

4 5 We (or I) believe that the application is in all respects ready for hearing.

The estimated duration of the hearing is [state duration].

*6 We (or I) certify that we (or I) have carried out our (or my) responsibilities under section 8(1) of the Family Proceedings Act 1980.

*Delete if inapplicable.


†Delete if this application is not signed by, or on behalf of, all parties to the proceeding.

....................................... (Lawyer for) applicant .......................................

Date ....................................... *Barrister or solicitor for the child (or young person) in respect of whom the application is made *Delete if inapplicable.

263 Schedule 1 Family Court Rules 2002 Reprinted as at 14 July 2017 .......................................
Date To the Registrar Family Court at [place] ....................................... †(Lawyer for) other party .......................................

Date †Repeat if more than 1 other party.

Date and time of fixture: ....................................... ....................................... Registrar .......................................
Date 264 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 1 Form G 18 Witness summons r 50(1) To [name, address, occupation] (General heading—Form G 2) You are ordered to attend at the Family Court at [place] on [date and time], and then from day to day until you are discharged from attendance, to give evidence on behalf of [state party] in the above-named proceeding.
*And you are ordered to bring with you and produce at the same time and place the following documents: [set out details of the documents to be produced].

*Delete if inapplicable.

This summons is issued by [full name], (lawyer for) the [state party].

....................................... Registrar .......................................
Date 265 Schedule 1 Family Court Rules 2002 Form G 19 Order (or declaration) Reprinted as at 14 July 2017 r 62(1) (General heading—Form G 2) On application made to it, the court makes the following order (or declaration): [state the order or declaration made].

This order (or declaration) is made under [specify the section and Act under which the order or declaration is made].

*This order (or declaration) is made with the consent of each party to the proceed- ings.

*Delete if inapplicable.


....................................... Registrar .......................................

Date 266 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 1 Form G 20 Interlocutory application on notice (Front page—Form G 1) r 223(1) I, [full name of applicant], apply for [specify the order(s) or declaration(s) sought, numbering them if more than 1 is sought] on the grounds that [state concisely the grounds in respect of each order sought].
This application is made in reliance on [state any statutory provision, regulation, rule, or principle of law relied on].

....................................... Signature of [full name], [lawyer for] [party applying] .......................................
Date To the Registrar Family Court at [place] and To [list, if practicable, the names and addresses of the persons required or intended to be served with the application] *Date of hearing I appoint [date] at [time] at the Family Court at [place] for the hearing of this applica- tion.

*Delete if inapplicable.

....................................... Registrar .......................................
Date 267 Schedule 1 Family Court Rules 2002 Reprinted as at 14 July 2017 Notes Advice If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm Mondays to Fridays inclusive.
268 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 1 Form G 21 Interlocutory application without notice r 223(2) (Front page—Form G 1) I, [full name of applicant], apply for [specify the order(s) or declaration(s) sought, numbering them if more than 1 is sought] on the grounds that [state concisely the grounds in respect of each order sought].

This application is made in reliance on [state any statutory provision, regulation, rule, or principle of law relied on].
Certified under the rules of court to be correct.

....................................... Signature of [full name], [lawyer for] [party applying] .......................................

Date To the Registrar Family Court at [place] *Date of hearing I appoint [date] at [time] at the Family Court at [place] for the hearing of this applica- tion.

*Delete if inapplicable.

....................................... Registrar .......................................
Date 269 Schedule 1 Family Court Rules 2002 Form G 22 Appearance under protest to jurisdiction Reprinted as at 14 July 2017 r 46(1) (Front page—Form G 1) 1 2 The respondent, [name], appears under protest to object to the jurisdiction of the court to hear and determine this proceeding.

The respondent’s objection is based on the following grounds: [specify grounds]: Date: Signature: (respondent/lawyer for respondent*) *Select one.
[Complete and attach memorandum in form G 4] Schedule 1 form G 22: inserted, on 1 November 2009, by rule 34 of the Family Courts Amendment Rules (No 2) 2009 (SR 2009/292).

270 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 1 Form G 23 Appearance for ancillary purpose (Front page—Form G 1) r 46(2) The respondent, [name], does not oppose the application but appears in order to be heard on the following matters: [specify matters].
Date: Signature: (respondent/lawyer for respondent*) *Select one.

[Complete and attach memorandum in form G 4] Schedule 1 form G 23: inserted, on 1 November 2009, by rule 34 of the Family Courts Amendment Rules (No 2) 2009 (SR 2009/292).
271 Schedule 1 Family Court Rules 2002 Form G 24 Appearance reserving rights (Front page—Form G 1) Reprinted as at 14 July 2017 r 46(3) The respondent, [name], does not oppose the application but appears in order to re- serve the respondent’s rights in the event that another person becomes a party to this proceeding, or that a party takes a step in the proceeding that is against the respon- dent’s interests.

Date: Signature: (respondent/lawyer for respondent*) *Select one.
[Complete and attach memorandum in form G 4] Schedule 1 form G 24: inserted, on 1 November 2009, by rule 34 of the Family Courts Amendment Rules (No 2) 2009 (SR 2009/292).
272 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 1 Form G 25 Subpoena to give evidence for service in Australia r 173B(1) To [name, place of residence, occupation] (Front page—Form G 2) 1 2 3 You are ordered to attend the Family Court at [place, date, time] and, on each subsequent day until you are discharged from attendance, to give evidence on behalf of the [party] in this proceeding.

Omit this paragraph if it does not apply.


You are ordered to bring with you and produce at the same time and place [details of documents to be produced].

This order of subpoena is issued by [full name], the party/lawyer for the party*.

*Select one.
*Select one.

Note: Section 156(2) of the Evidence Act 2006 of New Zealand allows this order of subpoena to be served in Australia only if it is accompanied by a copy of the order granting leave to serve it, and a statement in the prescribed form (namely, form G 27 of Schedule 1 of the Family Courts Rules 2002) of the rights and obligations of the person served.

Date: Signature: Full name of Registrar/Deputy Registrar*: Postal address of registry: Telephone: Fax: *Select one.
Sealed: [date] Schedule 1 form G 25: inserted, on 1 November 2009, by rule 34 of the Family Courts Amendment Rules (No 2) 2009 (SR 2009/292).

Schedule 1 form G 25: amended, on 11 October 2013, by rule 16(1) of the Family Courts (Trans- Tasman Proceedings Act 2010) Amendment Rules 2013 (SR 2013/347).

Schedule 1 form G 25: amended, on 11 October 2013, by rule 16(2) of the Family Courts (Trans- Tasman Proceedings Act 2010) Amendment Rules 2013 (SR 2013/347).
273 Schedule 1 Family Court Rules 2002 Form G 26 Subpoena for production only for service in Australia Reprinted as at 14 July 2017 r 173B(2) To [name, place of residence, occupation] (Front page—Form G 2) 1 2 3 You are ordered to produce this subpoena and the documents or things set out in the list below at the Family Court at [place, date, time].
You will comply with this subpoena if you produce the documents or things at a registry of an Australian court that is authorised by the law of the Common- wealth of Australia to receive those documents or things, no later than 7 work- ing days before that date.

This order of subpoena is issued by [full name], the party/lawyer for the party*.

*Select one.
*Select one.

Note: Section 156(2) of the Evidence Act 2006 of New Zealand allows this order of subpoena to be served in Australia only if it is accompanied by a copy of the order granting leave to serve it, and a statement in the prescribed form (namely, form G 27 of Schedule 1 of the Family Courts Rules 2002) of the rights and obligations of the person served.

List of documents or things [List documents or things.]
Date: Signature: Full name of Registrar/Deputy Registrar*: Postal address of registry: Telephone: Fax: *Select one.

Sealed: [date] Schedule 1 form G 26: inserted, on 1 November 2009, by rule 34 of the Family Courts Amendment Rules (No 2) 2009 (SR 2009/292).

Schedule 1 form G 26: amended, on 11 October 2013, by rule 17(1)(a) of the Family Courts (Trans- Tasman Proceedings Act 2010) Amendment Rules 2013 (SR 2013/347).
Schedule 1 form G 26: amended, on 11 October 2013, by rule 17(1)(b) of the Family Courts (Trans- Tasman Proceedings Act 2010) Amendment Rules 2013 (SR 2013/347).

Schedule 1 form G 26: amended, on 11 October 2013, by rule 17(2) of the Family Courts (Trans- Tasman Proceedings Act 2010) Amendment Rules 2013 (SR 2013/347).
274 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 1 Schedule 1 form G 26: amended, on 11 October 2013, by rule 17(3) of the Family Courts (Trans- Tasman Proceedings Act 2010) Amendment Rules 2013 (SR 2013/347).

275 Schedule 1 Family Court Rules 2002 Reprinted as at 14 July 2017 Form G 27 Statement of rights and obligations of person served in Australia with subpoena under Evidence Act 2006 r 173C (Front page—Form G 2) Important: This statement is important.
Please read the statement and the attached document carefully.

If you are in any doubt about this statement or the attached docu- ments, you should get legal advice immediately.

Attached to this statement is a subpoena issued by the Family Court at [place] in New Zealand.

A subpoena is a summons to a witness to give evidence or produce docu- ments.
The subpoena attached to this statement requires you to [specify whether wit- ness is required to attend the Family Court or some other place to give evidence, give evidence and produce documents and things, or only produce documents].

The subpoena may be served in Australia under section 156 of the Evidence Act 2006 of New Zealand.

This statement sets out your rights and obligations relating to the subpoena.
Your rights At the time you are served with this subpoena, or at some other reasonable time before the hearing, you are entitled to be paid allowances and travelling ex- penses, or given vouchers in respect of those allowances and expenses, that cover your reasonable expenses in complying with this subpoena.

You are not required to comply with this subpoena unless those allowances and travelling expenses or vouchers are tendered to you.
You are also entitled to be paid for your reasonable expenses in complying with the subpoena in addition to any payment or vouchers tendered to you.

You may apply to the Family Court at [place] in New Zealand for an order specifying that amount.

You may apply to the Family Court at [place] in New Zealand to have the sub- poena set aside.

If you want to have the subpoena set aside, you should get legal advice as soon as possible.
An application to set the subpoena aside can be made and determined without having to go to New Zealand.

You are entitled to have Australian solicitors act for you.

The Family Court at [place] in New Zealand may determine the application without a hearing if neither you nor the party who requested the issue of the subpoena requires a hearing.

The court may hold a hearing by audio link or au- diovisual link if the court thinks fit.
If a party applies to the court for a direc- tion to hear the application by audio link or audiovisual link, the court is re- quired to hear it by audio link or audiovisual link.

1 276 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 1 Note: See “setting subpoena aside” for details of the grounds on which a subpoena may be set aside and the procedure that must be followed.
Your obligations 7 If the subpoena is not set aside, you must comply with it if— (a) (b) (c) (d) when you were served with the subpoena, or at some reasonable time be- fore the time specified for you to comply, you have been paid or ten- dered allowances and travelling expenses, or offered vouchers in respect of those allowances and expenses, that are sufficient to cover reasonable expenses incurred in complying with this subpoena; and a copy of the order of the Judge of the Family Court at [place] in New Zealand granting leave to serve the subpoena was served on you with the subpoena; and you were served with the subpoena not later than the date specified by the Judge of the Family Court who granted leave to serve the subpoena; and any other conditions relating to the service of the subpoena have been complied with; and (e) you are 18 years of age or older.
8 If the subpoena only requires you to produce documents or things, you may comply with the subpoena by producing the documents or things at any registry of an Australian court that is authorised by the law of the Commonwealth of Australia to receive them, not later than 10 days before the date specified in the subpoena for producing them in the Family Court at [place] in New Zealand.
If you produce the documents or things at a registry of an Australian court, you will be required to produce the subpoena and to pay the cost of sending the documents or things to the Family Court.

You are entitled to have the costs of producing the documents or things, and of sending them to the Family Court, paid or tendered to you before you are required to comply with the subpoena.
Failure to comply with subpoena 9 Failure to comply with the subpoena constitutes contempt of the Federal Court of Australia and is punishable unless you establish that the failure to comply should be excused.

Setting subpoena aside 10 You may apply to the Family Court at [place] in New Zealand to have this sub- poena set aside under section 160 of the Evidence Act 2006 of New Zealand.
Section 160 provides that the Family Court must set the subpoena aside if— (a) the subpoena requires the witness to attend at a sitting of a court and the Family Court is satisfied that— 277 Schedule 1 Family Court Rules 2002 Reprinted as at 14 July 2017 (i) (ii) (iii) (iv) the witness does not have, and cannot by the exercise of reason- able diligence within the time required for compliance obtain, the necessary travel documents; or the witness is liable to be detained in New Zealand for the purpose of serving a sentence; or the witness is liable to prosecution for an offence, or is being pros- ecuted for an offence, in New Zealand; or the witness is liable to the imposition of a civil penalty in civil proceedings in New Zealand, not being proceedings for a pecuni- ary penalty under the Commerce Act 1986; or (b) the witness is subject to a restriction on his or her movements, imposed by law or by order of a court, that would prevent the witness complying with the subpoena.
11 Section 160 further provides that the Family Court may set a subpoena aside if it is satisfied that— (a) (b) (c) the evidence of the witness could be obtained satisfactorily without sig- nificantly greater expense by other means; or compliance with the subpoena would cause hardship or serious incon- venience to the witness; or in the case of a subpoena that requires a witness to produce documents or things, whether or not it also requires the witness to give oral evi- dence,— (i) (ii) the documents or things should not be taken out of Australia; and satisfactory evidence of the contents of the documents or evidence of the things can be given by other means.
An application to set the subpoena aside must be filed in the registry of the Family Court at [place] in New Zealand, together with any affidavit setting out the facts on which you rely.

The application and the affidavit may be sent by fax or email.

The fax number and email address of the registry of the court are [fax number and email ad- dress].
The application must contain an address for service in New Zealand or Austral- ia and may also state a fax number in New Zealand or Australia or email ad- dress to which documents relating to the application may be sent.

The Registrar of the Family Court at [place] in New Zealand will arrange for service of the application and any affidavit.
The Family Court at [place] in New Zealand can decide the application without a hearing if neither you (for example, in the application) nor the party who re- quested the issue of the subpoena (for example, in a document filed in response to the application) states that a hearing is required.

If there is to be a hearing, 278 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 1 the hearing may, if the court thinks fit, be by audio link or audiovisual link.
You may, however, either in your application to set the subpoena aside or with- in a reasonable time after filing the application, request that the court direct that the hearing be by audio link or audiovisual link.

If you make such a request, the court will direct that the hearing be by audio link or audiovisual link.

Schedule 1 form G 27: inserted, on 1 November 2009, by rule 34 of the Family Courts Amendment Rules (No 2) 2009 (SR 2009/292).
Schedule 1 form G 27: amended, on 11 October 2013, by rule 18(a) of the Family Courts (Trans- Tasman Proceedings Act 2010) Amendment Rules 2013 (SR 2013/347).

Schedule 1 form G 27: amended, on 11 October 2013, by rule 18(b) of the Family Courts (Trans- Tasman Proceedings Act 2010) Amendment Rules 2013 (SR 2013/347).

Schedule 1 form G 27: amended, on 11 October 2013, by rule 18(c) of the Family Courts (Trans- Tasman Proceedings Act 2010) Amendment Rules 2013 (SR 2013/347).
Schedule 1 form G 27: amended, on 11 October 2013, by rule 18(d) of the Family Courts (Trans- Tasman Proceedings Act 2010) Amendment Rules 2013 (SR 2013/347).

Schedule 1 form G 27: amended, on 11 October 2013, by rule 18(e) of the Family Courts (Trans- Tasman Proceedings Act 2010) Amendment Rules 2013 (SR 2013/347).

Schedule 1 form G 27: amended, on 11 October 2013, by rule 18(f) of the Family Courts (Trans- Tasman Proceedings Act 2010) Amendment Rules 2013 (SR 2013/347).
Schedule 1 form G 27: amended, on 11 October 2013, by rule 18(g) of the Family Courts (Trans- Tasman Proceedings Act 2010) Amendment Rules 2013 (SR 2013/347).

Schedule 1 form G 27: amended, on 11 October 2013, by rule 18(h) of the Family Courts (Trans- Tasman Proceedings Act 2010) Amendment Rules 2013 (SR 2013/347).

Schedule 1 form G 27: amended, on 11 October 2013, by rule 18(i) of the Family Courts (Trans-Tas- man Proceedings Act 2010) Amendment Rules 2013 (SR 2013/347).
279 Schedule 1 Family Court Rules 2002 Reprinted as at 14 July 2017 Form G 28 Certificate of non-compliance with subpoena for service in Australia r 173D To the Federal Court of Australia at [place] (Front page—Form G 2) The Family Court at [place] in New Zealand certifies that on [date] Family Court Judge [name] gave leave to serve a subpoena, being a subpoena to which Part 4 of the Evidence Act 2006 of New Zealand applies, on [name of person subpoenaed], and that [name of person subpoenaed] has failed to comply with the subpoena in that [particulars of failure to comply].
Date: Signature: (Registrar/Deputy Registrar*) *Select one.

Schedule 1 form G 28: inserted, on 1 November 2009, by rule 34 of the Family Courts Amendment Rules (No 2) 2009 (SR 2009/292).

Schedule 1 form G 28: amended, on 11 October 2013, by rule 19 of the Family Courts (Trans-Tas- man Proceedings Act 2010) Amendment Rules 2013 (SR 2013/347).
280 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 1 Form G 29 Discontinuance order r 195A(5)(b) (General heading—Form G 2) This document notifies you that— 1 For this paragraph select the statement that applies.

Statement A The applicant, [name], made an interlocutory application to the court for an order discontinuing his/her* application for [specify the application discon- tinued] against you.

*Select one.
*Select one.

Statement B The applicant, [name], made an interlocutory application to the court for an order discontinuing his/her* application for [specify the application discon- tinued] against you both/all*.

*Select one.

Statement C The applicant, [name], made an interlocutory application to the court for an order discontinuing his/her* application for [specify the application discon- tinued] against [names of those respondents against whom discontinuance was sought].

*Select one.
*Select one.

The interlocutory application was determined by this court without a hearing.

On [date], the court ordered the discontinuance of the application for [specify the application discontinued] against [name of every respondent against whom the application is discontinued].

2 3 Date: Signature: (Registrar/Deputy Registrar*) *Select one.
Important information for respondent Effect of discontinuance The effect of the discontinuance is that— • the applicant’s application ends against every respondent named in the order and may not be continued against those respondents by any person; and 281 Schedule 1 Family Court Rules 2002 Reprinted as at 14 July 2017 • the court may make no further order on the applicant’s application in relation to those respondents except in relation to any outstanding issue in respect of costs.
Setting aside discontinuance If the applicant’s application has ended against you and you do not wish the applica- tion to end against you, you may apply to set aside the discontinuance.

An application to set aside the discontinuance must be made within— • • 21 working days after the date on which the discontinuance order was made; or such further time as the court allows.

Advice If you need help, consult a lawyer or contact a Family Court office immediately.
Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.

Schedule 1 form G 29: inserted, on 1 March 2014, by rule 22 of the Family Courts Amendment Rules 2014 (LI 2014/3).
282 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 2 Schedule 2 Forms for proceedings under Adoption Act 1955 rr 62(2), 241(1) A 1 A 2 A 3 A 4 A 5 A 6 A 7 A 8 A 9 Front page for documents filed in court under Adoption Act 1955 Heading of documents issued by court or Registrar under Adoption Act 1955 Application for adoption order Consent to adoption order Consent to adoption order Notice of interim order Application for issue of adoption order after interim order has been made Notice of adoption order Adoption order A 10 Adoption order Page 284 285 286 287 289 291 292 293 294 295 283 Schedule 2 Family Court Rules 2002 Reprinted as at 14 July 2017 Form A 1 Front page for documents filed in court under Adoption Act 1955 In the Family Court at [place] rr 72(1)(a), 241(1) Adoption No: ...................
In the matter of the Adoption Act 1955 and In the matter of an application by [full name(s)] to adopt a child.

[Set out full description of document (including whether it is made with or without notice), its date, and, in the case of an affidavit or affirmation, the name of the depo- nent and in whose support it is filed.]

This document is filed by [name and address for service, and, if filed by lawyers, the name and telephone number of the acting lawyer].
284 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 2 Form A 2 Heading of documents issued by court or Registrar under Adoption Act 1955 In the Family Court at [place] rr 73(1)(a), 241(1) Adoption No: ...................

In the matter of the Adoption Act 1955 and In the matter of an application by [full name(s)] to adopt a child.
285 Schedule 2 Family Court Rules 2002 Form A 3 Application for adoption order (Front page—Form A 1) Reprinted as at 14 July 2017 r 241(1) 1 2 3 4 We/I*, [full name(s), address, occupation], will apply to the Family Court at [place, date, time] to adopt [full name]†, a [sex] child, born at [place, date].

*Select one.

†Name may be omitted if applicants wish.

We/I* desire that on the making of the adoption order the names of the child will be [full name].

*Select one.
*Select one.

The following information is submitted for the purposes of re-registration of the birth:* Name applicant is known by: Name on applicant’s birth certificate (if different): Age of applicant at date of child’s birth: Birthplace of applicant: Name applicant is known by: Name on applicant’s birth certificate (if different): Age of applicant at date of child’s birth: Birthplace of applicant: *Complete both columns if more than 1 applicant.
We/I* do/do not* desire that the words “adoptive parent(s)” appear on the face of any certified copy of the entry of birth of the child after the birth has been re-registered.

*Select one.

Signed at [place] on [date] Signature of applicant: Signature of applicant: Schedule 2 form A 3: replaced, on 19 August 2013, by rule 4(1) of the Family Courts Amendment Rules (No 2) 2013 (SR 2013/300).
286 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 2 Form A 4 Consent to adoption order [General form] (Front page—Form A 1 r 246(1) We (or I), [full name(s)], of [address], [occupation], the parents (or the mother or the father or the guardian) of [full name], a [sex] child, born at [place] on [date], consent to an order being made for the adoption of that child by [full name], of [address], [occupation], *and [full name], [address], [occupation], his (or her) spouse.
*[If required under rule 245(1)(a),] a copy of the entry in the register of births relat- ing to the said child is annexed.]

*Delete if inapplicable.

We (or I) have read the explanation of the effect of an order set out below.

Signed by [full name] on [date], in the presence of †— }............................. A B [occupation and address].

Signed by [full name] on [date], in the presence of †— }............................. C D [occupation and address].
†Witness must be one of the persons specified in section 7(8) of the Adoption Act 1955, but not the lawyer acting for the applicants.
Effect of adoption order On the making of an adoption order,— (a) (b) (c) (d) the child is deemed for all purposes and as regards all relationships to become a child of the adoptive parents: rights of guardianship and existing relationships in respect of the child cease except for the very special purpose of determining forbidden relationships in connection with marriage or civil union and with the crime of incest: rights in respect of property and succession to property are determined accord- ing to the relationships created by the adoption, but property rights acquired before the adoption are not affected: any paternity order or maintenance order or agreement that provides for main- tenance of the child, if made before the adoption order, ceases to have any ef- fect except as to arrears owing and except if the child is adopted by the mother or by the mother and her spouse.
However, if the child is adopted by the moth- 287 Schedule 2 Family Court Rules 2002 Reprinted as at 14 July 2017 er or by the mother and her spouse, the adoption does not prevent the making of any paternity order or maintenance order that could previously have been made or prevent the mother from making an application for a paternity order or a maintenance order: the domicile of the child is changed to that of the adoptive parents, but the child’s race and nationality are not affected: the child must be treated as a New Zealand citizen by birth if at least one of the adoptive parents is a New Zealand citizen.
(e) (f) Certificate by witness I certify that, before [full name(s)] signed the consent set out above, I fully explained to him (or her or them) the effect of the making of an adoption order as set out in the Adoption Act 1955, and that he (or she or they) appeared to fully understand that ef- fect.

....................................... Signature .......................................
Date Schedule 2 form A 4: amended, on 19 August 2013, by rule 4(2) of the Family Courts Amendment Rules (No 2) 2013 (SR 2013/300).

Schedule 2 form A 4: amended, on 1 July 2005, by rule 32(1) of the Family Courts Amendment Rules 2005 (SR 2005/101).

Schedule 2 form A 4: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).
288 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 2 Form A 5 Consent to adoption order [If identity of applicants is not known] (Front page—Form A 1) r 246(1) We (or I), [full name(s)], of [address], [occupation], the parents (or the mother or the father or the guardian) of [full name], a [sex] child, born at [place] on [date], consent to an order being made for the adoption of that child by the applicant or applicants named in Application No [specify number] (or the person(s) who are (or is) entitled to receive that child for adoption in accordance with an approval that was given on [date] by [full name], a social worker), *subject to the following conditions in relation to the religious denominations and practice of the applicants or any applicant or as to the religious denominations in which the applicant or applicants intend to bring up the child: [set out conditions].
*[If required under rule 245(1)(a),] a copy of the entry in the register of births relat- ing to the said child is annexed.

*Delete if inapplicable.

We (or I) have read the explanation set out below of the effect of an order.

Signed by [full name] on [date], in the presence of †— }............................. A B [occupation and address].

Signed by [full name] on [date], in the presence of †— }............................. C D [occupation and address].
†Witness must be one of the persons specified in section 7(8) of the Adoption Act 1955, but not the lawyer acting for the applicants.
Effect of adoption order On the making of an adoption order,— (a) (b) the child is deemed for all purposes and as regards all relationships to become a child of the adoptive parents: rights of guardianship and existing relationships in respect of the child cease except for the very special purpose of determining forbidden relationships in connection with marriage or civil union and with the crime of incest: 289 Schedule 2 Family Court Rules 2002 Reprinted as at 14 July 2017 (c) (d) (e) (f) rights in respect of property and succession to property are determined accord- ing to the relationships created by the adoption, but property rights acquired before the adoption are not affected: any paternity order or maintenance order or agreement that provides for main- tenance of the child, if made before the adoption order, ceases to have any ef- fect except as to arrears owing and except if the child is adopted by the mother or by the mother and her spouse.
However, if the child is adopted by the moth- er or by the mother and her spouse, the adoption does not prevent the making of any paternity order or maintenance order that could previously have been made or prevent the mother from making an application for a paternity order or a maintenance order: the domicile of the child is changed to that of the adoptive parents, but the child’s race and nationality are not affected: the child must be treated as a New Zealand citizen by birth if at least one of the adoptive parents is a New Zealand citizen.
Certificate by witness I certify that, before [full name(s)] signed the consent set out above, I fully explained to him (or her or them) the effect of the making of an adoption order as set out in the Adoption Act 1955, and that he (or she or they) appeared to fully understand that ef- fect.

............................. Signature .............................

Date Schedule 2 form A 5: amended, on 19 August 2013, by rule 4(3) of the Family Courts Amendment Rules (No 2) 2013 (SR 2013/300).
Schedule 2 form A 5: amended, on 1 July 2005, by rule 32(2) of the Family Courts Amendment Rules 2005 (SR 2005/101).

Schedule 2 form A 5: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).

290 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 2 Form A 6 Notice of interim order (Heading—Form A 2) r 250(a) To [full name], of [address], *and [full name], his (or her) spouse.

*Delete if inapplicable.


On [date], the court made an order in relation to your application to adopt a child.
The order was an interim order only, as required by the Adoption Act 1955, and while it remains in force the following conditions apply: (a) (b) (c) (d) you have the role of providing day-to-day care for the child *on the following terms: any social worker may, at all reasonable times, visit and enter the residence in which the child is living: the child must not be taken out of New Zealand without leave of the court: you must give to a social worker at least 7 days’ notice before changing your residence.
However, if an emergency makes any immediate change necessary, it will be sufficient if you give notice within 48 hours after leaving your previ- ous residence.

The interim order is not an adoption order.

An adoption order cannot be obtained until a further application has been made to the court after an interval of [specify period].
The application to the court for the issue of the adoption order may be made after [date] *if the child has then been continuously in your care for not less than [specify period] since the date on which the interim order was made or since the earlier date (if any) when the placing or receiving or keeping of the child in your home for the purpose of adoption was approved by a social worker.

The application to the court for the adoption order must be made before [specify date].
The interim order will lapse on that date.

If you do not apply in time, you may lose the role of providing day-to-day care for the child.

*Delete if inapplicable.

....................................... Registrar .......................................

Date Schedule 2 form A 6: amended, on 1 July 2005, by rule 32(3)(a) of the Family Courts Amendment Rules 2005 (SR 2005/101).

Schedule 2 form A 6: amended, on 1 July 2005, by rule 32(3)(b) of the Family Courts Amendment Rules 2005 (SR 2005/101).
291 Schedule 2 Family Court Rules 2002 Reprinted as at 14 July 2017 Form A 7 Application for issue of adoption order after interim order has been made r 251 (Front page—Form A 1) The applicant(s) apply for the issue of an adoption order and state as follows: 1 2 The interim order is in force and has continued in force for not less than [set out the prescribed period fixed by, or in accordance with, section 13 of the Adoption Act 1955].
[If the child is under the age of 15 years, state facts to show that section 13(1)(b) of the Adoption Act 1955 has been complied with.].

Dated at [place], [date].

....................................... Signature(s) .......................................
Date To the Registrar Family Court at [place] 292 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 2 Form A 8 Notice of adoption order (Heading—Form A 2) r 252(1) To [name] An adoption order was issued (or made) in respect of [name of child following adop- tion] on [date].

....................................... Registrar .......................................
Date 293 Schedule 2 Family Court Rules 2002 Form A 9 Adoption order [If issued by Registrar] (Heading—Form A 2) Reprinted as at 14 July 2017 r 252(2) On the application of [name, address, and occupation], *and [name, address, and oc- cupation], his (or her) spouse, an interim order was made by [full name], Family Court Judge, for the adoption of [full name], a [sex] child, born at [place] on [date], and the order specified that after the adoption order the child’s name would be [full name].
Now it is ordered that the [sex] child be adopted by [full name(s)] and that he (or she) from this date has the name of [full name].

*Delete if inapplicable.

Dated at [place], [date].

[Seal] Schedule 2 form A 9: amended, on 1 July 2005, by rule 32(4) of the Family Courts Amendment Rules 2005 (SR 2005/101).
....................................... Registrar 294 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 2 Form A 10 Adoption order [If dealt with finally by the court] (Heading—Form A 2) r 252(2) On the application of [name, address, and occupation], *and [name, address, and oc- cupation], it is ordered by [full name], Family Court Judge, that [full name], a [sex] child, born at [place] on [date], be adopted, and he [or she] is adopted by [full name] and from this date has the name of [full name].
*Delete if inapplicable.
[Seal] ....................................... Registrar 295 Schedule 3 Family Court Rules 2002 Reprinted as at 14 July 2017 Schedule 3 Forms for proceedings under Child Support Act 1991 CS 1 CS 2 CS 3 CS 4 CS 5 CS 6 CS 7 CS 8 CS 9 Front page for certain documents filed in court under Child Support Act 1991 Heading of certain documents issued by court or Registrar under Child Support Act 1991 Application for declaration that another person is step-parent of child Application for declaration that applicant is step-parent of child Notice of appeal against Commissioner’s decision to accept application for formula assessment of child support Order upholding or disallowing appeal made under section 100 of Act Notice of appeal against Commissioner’s decision to refuse to accept application for formula assessment of child support Order upholding or disallowing appeal made under section 101 of Act Notice of appeal against other administrative decisions of Commissioner CS 10 Order upholding or disallowing appeal made under section 102 of Act CS 11 Notice of appeal against assessment CS 12 Order upholding or disallowing appeal against assessment CS 12A Notice of appeal against Commissioner’s determination or decision under subpart 3 of Part 5A of Act CS 12B Order upholding or disallowing appeal made under section 103A of Act CS 12C Notice of appeal by respondent against Commissioner’s determination under Part 6A of Act CS 12D Order upholding or disallowing appeal made under section 103B of Act rr 62(2), 255 Page 298 299 300 301 302 304 305 307 308 309 310 311 312 313 314 315 CS 12E Notice of appeal against Commissioner’s determination under Part 316 6B of Act CS 12F Order upholding or disallowing appeal made under section 103C 317 of Act 296 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 3 CS 13 Application for departure from formula assessment in special circumstances CS 14 Order for departure from formula assessment CS 15 Application for order for provision of child support in form of lump sum CS 16 Order
 for provision of child support in form of lump sum CS 17 Application for order to discharge (or suspend or revive or vary) order made under section 106 or section 109 of Act CS 18 Order to discharge (or suspend or revive or vary) order made under section 106 or section 109 of Act CS 19 Application for order to set aside voluntary agreement CS 20 Order to set aside voluntary agreement CS 21 Application for urgent maintenance order CS 22 Urgent maintenance order CS 23 Application for suspension order CS 24 Suspension order CS 25 Notice of application to respondent CS 26 Notice of application to respondent residing outside New Zealand CS 27 Notice of intervention CS 28 Affidavit of financial means and their sources CS 29 Request for issue of warrant to seize property CS 30 Warrant to seize property CS 31 Charging order CS 32 Receiving order CS 33 Summons to attend examination as to means and default CS 34 Warrant to arrest respondent for examination as to means and default CS 35 Summons to witness to attend examination CS 36 Warrant to arrest witness for attendance at examination of respondent CS 37 Warrant to arrest respondent for attendance at contempt proceedings CS 38 Application without notice for issue of warrant for arrest of respondent CS 39 Warrant for arrest of absconding respondent 318 320 321 323 324 326 327 328 329 330 331 332 333 335 337 338 341 342 344 345 347 348 349 351 352 353 354 297 Schedule 3 Family Court Rules 2002 Reprinted as at 14 July 2017 Form CS 1 Front page for certain documents filed in court under Child Support Act 1991 In the Family Court at [place] rr 72(1)(a), 225 CS No: ...................
Applicant [full name, address, and occupation of objector] Respondent(s) [full name, address, and occupation of respondent(s)] [Set out full description of document (including whether it is made with or without notice), its date, and, in the case of an affidavit or affirmation, the name of the depo- nent and in whose support it is filed.]

This document is filed by [name and address for service, and, if filed by lawyers, the name and telephone number of the acting lawyer].
Schedule 3 form CS 1: amended, on 7 August 2008, by rule 24 of the Family Courts Amendment Rules 2008 (SR 2008/207).

298 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 3 Form CS 2 Heading of certain documents issued by court or Registrar under Child Support Act 1991 In the Family Court at [place] rr 73(1)(a), 225 CS No: ...................
Applicant [full name, address, and occupation of objector] Respondent(s) [full name, address, and occupation of respondent(s)] Schedule 3 form CS 2: amended, on 7 August 2008, by rule 25 of the Family Courts Amendment Rules 2008 (SR 2008/207).
299 Schedule 3 Family Court Rules 2002 Reprinted as at 14 July 2017 Form CS 3 Application for declaration that another person is step-parent of child r 262(2)(a) Section 99(1), Child Support Act 1991 (Front page—Form G 1) I, [full name], declare that I am an eligible custodian of [full name of child].

I apply for a declaration that [full name of respondent] is a step-parent of the child for the purposes of the Act.
This application is made on the following ground(s): [state the ground(s) on which the application is made, referring to any relevant cir- cumstances set out in section 99(4) of the Act to which the court must have regard].

I say: [set out sufficient information to inform the court of the facts relied on in support of the application].

....................................... Signature of applicant .......................................
Date To the Registrar Family Court at [place] and To the respondent This application is filed by [full name], whose address for service is [address].

300 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 3 Form CS 4 Application for declaration that applicant is step-parent of child r 262(2)(a) Section 99(2), Child Support Act 1991 (Front page—Form G 1) I, [full name], wish to be declared to be a step-parent of [full name of child] for the purposes of the Act.
I apply for a declaration to that effect.

This application is made on the following ground(s): [state the ground(s) on which the application is made, referring to any relevant cir- cumstances set out in section 99(4) of the Act to which the court must have regard].

I say: [set out sufficient information to inform the court of the facts relied on in support of the application].

....................................... Signature of applicant .......................................
Date To the Registrar Family Court at [place] and To the respondent This application is filed by [full name], whose address for service is [address].
301 Schedule 3 Family Court Rules 2002 Reprinted as at 14 July 2017 Form CS 5 Notice of appeal against Commissioner’s decision to accept application for formula assessment of child support r 259 Section 100, Child Support Act 1991 (Front page—Form CS 1) I, [full name], object to the Commissioner’s decision under section 17(1) of the Act to accept an application for formula assessment of child support.

Attached is a copy of the Commissioner’s notification that the application has been accepted.
The name of each child in respect of whom the application sought payment of child support, and the name(s) of the eligible custodian(s) of that child (or those children), are as follows: Full name of child Full name of custodian ................................................. ................................................. ................................................. ................................................. ................................................. ................................................. ................................................. .................................................
I objected to the Commissioner on [date] against the Commissioner’s decision to ac- cept the application for formula assessment of child support.

The Commissioner disallowed the objection on [date].
Take notice that I intend to appeal to the Family Court against the Commissioner’s decision to accept the application for formula assessment of child support in respect of [full name(s) of child(ren)] and [full name(s) of custodian(s)] on the ground(s) that— *the application was not made in respect of a qualifying child.

*the application was not made by an eligible applicant.
*the application required the payment of child support by a person who was not liable to pay child support under the Act in respect of the child.

*Delete if inapplicable.

I say: [set out sufficient information to inform the court of the facts relied on in support of the application].

302 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 3 ....................................... Signature of appellant .......................................
Date To the Registrar Family Court at [place] and To the respondent This notice of appeal is filed by [full name], whose address for service is [address].
303 Schedule 3 Family Court Rules 2002 Reprinted as at 14 July 2017 Form CS 6 Order upholding or disallowing appeal made under section 100 of Act r 255 Section 100, Child Support Act 1991 (Heading—Form CS 2) On appeal to it, the court upholds (or dismisses) the appellant’s appeal against the Commissioner’s decision to accept an application for formula assessment of child support in respect of the following child(ren) and the following custodian(s): Full name of child Full name of custodian ................................................. ................................................. ................................................. ................................................. ................................................. ................................................. ................................................. ................................................. ....................................... Registrar .......................................
Date 304 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 3 Form CS 7 Notice of appeal against Commissioner’s decision to refuse to accept application for formula assessment of child support r 259 Section 101, Child Support Act 1991 (Front page—Form CS 1) I, [full name], object to the Commissioner’s decision under section 17(2) of the Act to refuse to accept an application for formula assessment of child support.
Attached is a copy of the Commissioner’s notification that the application has been refused.
The name of each child in respect of whom the application sought payment of child support, and the name(s) of the eligible custodian(s) of that child (or those children), are as follows: Full name of child Full name of custodian ................................................. ................................................. ................................................. ................................................. ................................................. ................................................. ................................................. .................................................
I objected to the Commissioner on [date] against the Commissioner’s decision to re- fuse to accept the application for formula assessment of child support.

The Commissioner disallowed the objection on [date].
Take notice that I intend to appeal to the Family Court against the Commissioner’s decision to refuse to accept the application for formula assessment of child support in respect of [full name(s) of child(ren)] and [full name(s) of custodian(s)] on the ground(s) that— *the application was made in respect of a qualifying child.

*the application was made by an eligible applicant.
*the application required the payment of child support by a person who was liable to pay child support under the Act in respect of the child.

*Delete if inapplicable.

I say: [set out sufficient information to inform the court of the facts relied on in support of the application].

305 Schedule 3 Family Court Rules 2002 Reprinted as at 14 July 2017 ....................................... Signature of appellant .......................................
Date To the Registrar Family Court at [place] and To the respondent This notice of appeal is filed by [full name], whose address for service is [address].
306 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 3 Form CS 8 Order upholding or disallowing appeal made under section 101 of Act r 255 Section 101, Child Support Act 1991 (Heading—Form CS 2) On appeal to it, the court upholds (or dismisses) the appellant’s appeal against the Commissioner’s decision to refuse to accept an application for formula assessment of child support in respect of the following child(ren) and the following custodian(s): Full name of child Full name of custodian ................................................. ................................................. ................................................. ................................................. ................................................. ................................................. ................................................. ................................................. ....................................... Registrar .......................................
Date 307 Schedule 3 Family Court Rules 2002 Reprinted as at 14 July 2017 Form CS 9 Notice of appeal against other administrative decisions of Commissioner r 259 Section 102, Child Support Act 1991 (Front page—Form CS 1) Take notice that I, [full name], intend to appeal to the Family Court against the Com- missioner’s decision dated [date] to [give particulars of the decision appealed against].

I objected to the Commissioner on [date] against that decision.
The Commissioner disallowed the objection on [date].

The grounds of the appeal are as follows: [state the grounds on which the application is made].

I say: [set out sufficient information to inform the court of the facts relied on in support of the application] ....................................... Signature of appellant .......................................
Date To the Registrar Family Court at [place] and To the respondent This notice of appeal is filed by [full name], whose address for service is [address].
308 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 3 Form CS 10 Order upholding or disallowing appeal made under section 102 of Act r 255 Section 102, Child Support Act 1991 (Heading—Form CS 2) On appeal to it, the court upholds (or dismisses) the appellant’s appeal against the Commissioner’s decision dated [date] to [state decision appealed against].

*The court makes the following order: [specify any order made].

*Delete if inapplicable.


....................................... Registrar .......................................

Date 309 Schedule 3 Family Court Rules 2002 Form CS 11 Notice of appeal against assessment Section 103, Child Support Act 1991 (Front page—Form CS 1) Reprinted as at 14 July 2017 r 259 Take notice that I, [full name], intend to appeal to the Family Court against the Com- missioner’s assessment of child support.

Attached is a copy of the assessment.


I objected to the Commissioner on [date] against that assessment.

The Commissioner disallowed the objection on [date].

The grounds of the appeal are as follows: [state the grounds on which the application is made].

I say: [set out sufficient information to inform the court of the facts relied on in support of the application].

....................................... Signature of appellant .......................................
Date To the Registrar Family Court at [place] and To the respondent This notice of appeal is filed by [full name], whose address for service is [address].
310 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 3 Form CS 12 Order upholding or disallowing appeal against assessment r 255 Section 103, Child Support Act 1991 (Heading—Form CS 2) On appeal to it, the court upholds (or dismisses) the appellant’s appeal against the Commissioner’s assessment of child support in respect of [state assessment appealed against].
*The assessment must be corrected as follows: .......................................................................................................................................... .......................................................................................................................................... .......................................................................................................................................... .......................................................................................................................................... *Delete if inapplicable.
....................................... Registrar .......................................

Date 311 Schedule 3 Family Court Rules 2002 Reprinted as at 14 July 2017 Form CS 12A Notice of appeal against Commissioner’s determination or decision under subpart 3 of Part 5A of Act r 255 Section 103A, Child Support Act 1991 (Front page—Form CS 1) Take notice that I, [full name], intend to appeal to the Family Court against— *a determination of the Commissioner under subpart 3 of Part 5A of the Act.
*a decision of the Commissioner to refuse to make a determination made under sub- part 3 of Part 5A of the Act.

Attached is a copy of the Commissioner’s *determination/*decision made on [date].

The grounds of the appeal are as follows: [state the grounds on which the appeal is made].

I say: [set out sufficient information to inform the court of the facts relied on in support of the appeal].

*Delete if inapplicable.


....................................... Signature of appellant .......................................

Date To the Registrar Family Court at [place] and To [set out the names and addresses of the persons intended to be served with the no- tice of appeal] This notice of appeal is filed by [full name], whose address for service is [address].

Schedule 3 form CS 12A: inserted, on 23 October 2006, by rule 4(2) of the Family Courts Amend- ment Rules 2006 (SR 2006/325).
312 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 3 Form CS 12B Order upholding or disallowing appeal made under section 103A of Act r 255 Section 103A, Child Support Act 1991 (Heading—Form CS 2) On appeal to it, the court upholds (or dismisses) the appellant’s appeal against the Commissioner’s *determination/*decision dated [date].

*The court makes the following order: [specify any order made].

*Delete if inapplicable.


....................................... Registrar .......................................

Date Schedule 3 form CS 12B: inserted, on 23 October 2006, by rule 4(2) of the Family Courts Amend- ment Rules 2006 (SR 2006/325).
313 Schedule 3 Family Court Rules 2002 Reprinted as at 14 July 2017 Form CS 12C Notice of appeal by respondent against Commissioner’s determination under Part 6A of Act r 255 Section 103B, Child Support Act 1991 (Front page—Form CS 1) Take notice that I, [full name], intend to appeal to the Family Court against a deter- mination of the Commissioner under Part 6A of the Act.

I am— *a qualifying custodian and did not apply for the determination under Part 6A of the Act.
*a liable parent and did not apply for the determination under Part 6A of the Act.

Attached is a copy of the Commissioner’s determination made on [date].

The grounds of the appeal are as follows: [state the grounds on which the application is made].

I say: [set out sufficient information to inform the court of the facts relied on in support of the appeal].

*Delete if inapplicable.

....................................... Signature of appellant .......................................
Date To the Registrar Family Court at [place] and To [set out the names and addresses of the persons intended to be served with the no- tice of appeal] This notice of appeal is filed by [full name], whose address for service is [address].

Schedule 3 form CS 12C: inserted, on 23 October 2006, by rule 4(2) of the Family Courts Amend- ment Rules 2006 (SR 2006/325).
314 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 3 Form CS 12D Order upholding or disallowing appeal made under section 103B of Act r 255 Section 103B, Child Support Act 1991 (Heading—Form CS 2) On appeal to it, the court upholds (or dismisses) the appellant’s appeal against the Commissioner’s determination dated [date].

*The court makes the following order: [specify any order made].

*Delete if inapplicable.


....................................... Registrar .......................................

Date Schedule 3 form CS 12D: inserted, on 23 October 2006, by rule 4(2) of the Family Courts Amend- ment Rules 2006 (SR 2006/325).
315 Schedule 3 Family Court Rules 2002 Reprinted as at 14 July 2017 Form CS 12E Notice of appeal against Commissioner’s determination under Part 6B of Act r 255 Section 103C, Child Support Act 1991 (Front page—Form CS 1) Take notice that I, [full name], intend to appeal to the Family Court against a deter- mination of the Commissioner under Part 6B of the Act.

Attached is a copy of the Commissioner’s determination made on [date].
The grounds of the appeal are as follows: [state the grounds on which the application is made].

I say: [set out sufficient information to inform the court of the facts relied on in support of the appeal].

....................................... Signature of appellant .......................................
Date To the Registrar Family Court at [place] and To [set out the names and addresses of the persons intended to be served with the ap- plication] This notice of appeal is filed by [full name], whose address for service is [address].

Schedule 3 form CS 12E: inserted, on 23 October 2006, by rule 4(2) of the Family Courts Amend- ment Rules 2006 (SR 2006/325).
316 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 3 Form CS 12F Order upholding or disallowing appeal made under section 103C of Act r 255 Section 103C, Child Support Act 1991 (Heading—Form CS 2) On appeal to it, the court upholds (or dismisses) the appellant’s appeal against the Commissioner’s determination dated [date].

*The court makes the following order: [specify any order made].

*Delete if inapplicable.


....................................... Registrar .......................................

Date Schedule 3 form CS 12F: inserted, on 23 October 2006, by rule 4(2) of the Family Courts Amend- ment Rules 2006 (SR 2006/325).
317 Schedule 3 Family Court Rules 2002 Reprinted as at 14 July 2017 Form CS 13 Application for departure from formula assessment in special circumstances r 255 Section 104, Child Support Act 1991 (Front page—Form G 1) I, [full name], declare that I am— *a qualifying custodian of [full name(s) of child(ren)].

*a liable parent in relation to [full name(s) of child(ren)].

*Delete if inapplicable.


A formula assessment of child support is in force in relation to the child(ren), the ap- plicant, and the respondent.

Attached is a copy of the assessment.

Take notice that I intend to apply to the Family Court for an order that all or some of the provisions of the Act relating to formula assessment of child support be departed from in relation to [full name(s) of child(ren)].
I apply for an order [state precisely the nature of the order sought, referring to the relevant provision of section 106 of the Act].
This application is made on the ground(s) that— [state the ground(s) on which the application is made, referring to— (a) any relevant grounds for departure set out in section 105(2) of the Act that exist; and (b) the reasons why it would be— (i) just and equitable as regards the child(ren), the applicant, and the re- spondent; and (ii) otherwise proper,— to make a particular order of the type specified in section 106 of the Act].
I say: [set out sufficient information to inform the court of the facts relied on in support of the application].

....................................... Signature of applicant .......................................

Date 318 Family Court Rules 2002 Schedule 3 Reprinted as at 14 July 2017 To the Registrar Family Court at [place] and To the respondent This notice of appeal is filed by [full name], whose address for service is [address].
319 Schedule 3 Family Court Rules 2002 Form CS 14 Order for departure from formula assessment Section 106, Child Support Act 1991 (General heading—Form G 2) Reprinted as at 14 July 2017 r 255 On application made to it under section 104 of the Act, the court orders that the provi- sions of the Act relating to formula assessment of child support be departed from in relation to [full name of child(ren)].
The order(s) made is (or are) as follows: .......................................................................................................................................... .......................................................................................................................................... ..........................................................................................................................................
The order— *applies for the period of time beginning on [date] and ending with [date].

*terminates when [specify the event that will cause the order to terminate].

*Delete if inapplicable.

....................................... Registrar .......................................
Date 320 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 3 Form CS 15 Application for order for provision of child support in form of lump sum r 255 Section 108, Child Support Act 1991 (Front page—Form G 1) I, [full name], declare that I am— *a qualifying custodian of [full name(s) of child(ren)].

*a liable parent in relation to [full name(s) of child(ren)].

*Delete if inapplicable.


A formula assessment of child support is in force in relation to the child(ren), the ap- plicant, and the respondent.

Attached is a copy of the assessment.

Take notice that I intend to apply to the Family Court for an order that the respondent (or applicant) provide child support for the child(ren) otherwise than in the form of periodic amounts paid to the applicant (or respondent).

I apply for an order [state pre- cisely the nature of the order sought].
This application is made on the ground(s) that— [state the ground(s) on which the application is made, referring to the reasons why it would be— (a) just and equitable as regards the child(ren), the applicant, and the respondent; and (b) otherwise proper,— to make a particular order of the type specified in section 109(2) of the Act].

I say: [set out sufficient information to inform the court of the facts relied on in support of the application].
*There is (or There is not) a pending application made to the court under section 104 of the Act in relation to the child(ren), the applicant, and the respondent to be heard and determined.

or *Attached is a copy of an order in force under section 106 of the Act in relation to the child(ren), the appellant, and the respondent.

*Delete if inapplicable.


321 Schedule 3 Family Court Rules 2002 Reprinted as at 14 July 2017 ....................................... Signature of applicant .......................................

Date To the Registrar Family Court at [place] and To the respondent This application is filed by [full name], whose address for service is [address].
322 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 3 Form CS 16 Order for provision of child support in form of lump sum r 255 Section 109(2), Child Support Act 1991 (General heading—Form G 2) On application made to it under section 108 of the Act, the court orders that the re- spondent (or applicant) provide child support for [full name(s) of child(ren)] other- wise than in the form of periodic amounts paid to the applicant (or respondent).
The order(s) made is (or are) as follows: .......................................................................................................................................... .......................................................................................................................................... .......................................................................................................................................... *The child support ordered to be paid under this order must be credited against the respondent’s (or applicant’s) liability to pay child support under the formula assess- ment for any period for which this order relates, and, for that purpose,— the child support ordered to be paid under this order has an annual value of $ [specify], and the annual rate of child support payable under any relevant for- mula assessment must be reduced by that amount (but not in a child support year below the minimum annual rate for that year under section 72(1)(a) of the Act).
the child support ordered to be paid under this order must count for [specify]% of the annual rate of child support payable under any relevant formula assess- ment.

*(a) *(b) or *The child support ordered to be paid under this order must not be credited against the respondent’s (or applicant’s) liability to pay child support under the formula as- sessment.

*Delete if inapplicable.

The period to which this order relates begins on [date] and ends with [date].
....................................... Registrar .......................................

Date Schedule 3 form CS 16 paragraph (a): amended, on 27 May 2010, by rule 12 of the Family Courts Amendment Rules 2010 (SR 2010/97).
323 Schedule 3 Family Court Rules 2002 Reprinted as at 14 July 2017 Form CS 17 Application for order to discharge (or suspend or revive or vary) order made under section 106 or section 109 of Act r 255 Section 112, Child Support Act 1991 (Front page—Form G 1) I, [full name], declare that I am— *a qualifying custodian of [full name(s) of child(ren)].

*a liable parent in relation to [full name(s) of child(ren)].
*the Commissioner of Inland Revenue (or an employee of the Crown appearing for the Commissioner of Inland Revenue).

*Delete if inapplicable.

An order dated [date] made under section 106 (or section 109) of the Act is in force in relation to [full name(s) of child(ren)].

Attached is a copy of the order.

Take notice that I intend to apply to the Family Court for an order to discharge (or suspend or revive or vary) the order.
This application is made on the ground(s) that— [state the ground(s) on which the application is made, referring to— (a) the reasons why it would be— (i) just and equitable as regards the child(ren), the qualifying custodian, and the liable parent concerned; and (ii) otherwise proper,— to make the order; and (b) in the case of an application for variation, the matters as to which the court must be satisfied under section 112(4) of the Act].
I say: [set out sufficient information to inform the court of the facts relied on in support of the application].

....................................... Signature of applicant .......................................

Date 324 Family Court Rules 2002 Schedule 3 Reprinted as at 14 July 2017 To the Registrar Family Court at [place] and To the respondent This application is filed by [full name], whose address for service is [address].
325 Schedule 3 Family Court Rules 2002 Reprinted as at 14 July 2017 Form CS 18 Order to discharge (or suspend or revive or vary) order made under section 106 or section 109 of Act r 255 Section 112, Child Support Act 1991 (General heading—Form G 2) On application made to it under section 112 of the Act, the court orders that the order of the court dated [date], made under section 106 (or section 109) of the Act in rela- tion to [full name(s) of child(ren)],— *(a) be discharged.
*(b) be suspended wholly (or in part) until a further order (or until [specify date] or until [specify the happening of a future event]).

*(c) be revived wholly (or in part).
*(d) be varied in the following way: .......................................................................................................................................... .......................................................................................................................................... .......................................................................................................................................... *Delete if inapplicable.
....................................... Registrar .......................................

Date 326 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 3 Form CS 19 Application for order to set aside voluntary agreement r 255 Section 113, Child Support Act 1991 (Front page—Form G 1) I, [full name], declare that I am a party to an agreement dated [date].

Attached is a copy of the agreement.


Take notice that I intend to apply to the Family Court for an order to set aside the agreement on the ground that— *(a) my concurrence was obtained by fraud (or undue influence).

*(b) I was influenced in my decision to enter into the agreement by a mistake that was material to me.

*Delete if inapplicable.

I say: [set out sufficient information to inform the court of the facts relied on in support of the application].
*I also apply for an order [state precisely the nature of any order sought that the court is empowered to make under section 113(3) of the Act].

*Delete if inapplicable.

....................................... Signature of applicant .......................................

Date To the Registrar Family Court at [place] and To the respondent This application is filed by [full name], whose address for service is [address].
327 Schedule 3 Family Court Rules 2002 Form CS 20 Order to set aside voluntary agreement Section 113, Child Support Act 1991 (General heading—Form G 2) Reprinted as at 14 July 2017 r 255 On application made to it under section 113 of the Act, the court orders that the agree- ment dated [date], made between the applicant and the respondent, be set aside.

*The court makes the following order: [specify any order made under section 113(3) of the Act].

*Delete if inapplicable.


....................................... Registrar .......................................

Date 328 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 3 Form CS 21 Application for urgent maintenance order Section 116, Child Support Act 1991 (Front page—Form G 1) r 255 I applied to the Commissioner on [date] for formula assessment of child support in respect of [full name(s) of child(ren)].
The respondent is the person from whom the application sought payment of child support.

Attached is a copy of that application.

I am not a social security beneficiary.

Take notice that I intend to apply to the Family Court for an order that the respondent pay periodic or other amounts towards the maintenance of [full name(s) of child(ren)].

I apply for an order [state precisely the nature of the order sought].
[Full name(s) of child(ren)] is (or are) in urgent need of financial assistance be- cause— [set out sufficient information to inform the court of the facts relied on in support of the application].

....................................... Signature of applicant .......................................

Date To the Registrar Family Court at [place] and To the respondent This application is filed by [full name], whose address for service is [address].
329 Schedule 3 Family Court Rules 2002 Form CS 22 Urgent maintenance order Section 116, Child Support Act 1991 (General heading—Form G 2) Reprinted as at 14 July 2017 r 255 On application to it, the court orders that the respondent pay $[specify] per week (or per month) (or [specify the amount(s) to be paid]) towards the maintenance of [full name(s) of child(ren)].
The order applies for the period of time beginning on [date] and ending with [date]— except that the order does not apply after— (a) (b) a final determination under the Act that child support is not payable for the child; or if a determination is made under the Act that child support is payable for the child, the receipt by the applicant of, or on account of, the first payment of that child support.

....................................... Registrar .......................................
Date 330 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 3 Form CS 23 Application for suspension order Section 117, Child Support Act 1991 (Front page—Form G 1) r 255 A proceeding for [specify order sought] was instituted in the Family Court on [date] (or an objection was made by [full name of objector] under Part 6 of the Act on [date]).
Take notice that I intend to apply to the Family Court for an order suspending (or altering) the liability of [full name] to make payments under the Act pending the hear- ing and final determination of the proceeding.

This application is made on the ground(s) that— [state the ground(s) on which the application is made].

I say: [set out sufficient information to inform the court of the facts relied on in support of the application].
....................................... Signature of applicant .......................................

Date To the Registrar Family Court at [place] and To the respondent This application is filed by [full name], whose address for service is [address].

Note If the application may, in accordance with section 117(5) of the Act, be made and dealt with without notice, amend the form accordingly.
331 Schedule 3 Family Court Rules 2002 Form CS 24 Suspension order Section 117, Child Support Act 1991 (General heading—Form G 2) Reprinted as at 14 July 2017 r 255 On application to it, the court orders that the liability of [full name] to make payments under the Act be suspended (or be varied as follows: [state variation]) pending the hearing and final determination of the proceeding for [specify order sought] instituted in the Family Court on [date] (or of the objection by [full name of objector] made under Part 6 of the Act on [date]).
This order is subject to the following terms and conditions: [specify any terms and conditions].

*This order operates for the period beginning on [date] and ending with [date].

*This order operates until the decision of the court determining the proceeding be- comes final.

*Delete if inapplicable.

....................................... Registrar .......................................
Date 332 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 3 Form CS 25 Notice of application to respondent (General heading—Form G 2) rr 32(2)(b), 268(1)(a) To ............................. ............................. .............................

Notification of application for order [Full name], the applicant, has filed an application in this court.

A copy of the appli- cation is attached.

The order (or orders) sought by the applicant are specified in the application.
Notice of defence If you wish to defend the application, you must, within 21 days after the date on which you receive this notice,— (a) (b) file a notice of defence and an accompanying affidavit in this office of the court; and serve a copy of the notice of defence and a copy of the accompanying affidavit on the other party (or parties) to the proceedings.

Those copies may be deliv- ered to the address for service given by the applicant (or by other parties).
You should note that if you do not file and serve a notice of defence and accompany- ing affidavit within that time you may not be able to defend the application.

On the day of the hearing of the application, should you appear, the Judge may— (a) allow you to take part in the hearing of the application only on such terms as the Judge thinks fit; or (b) decline to allow you to take part.
You should also note that the Judge may make an order against you for costs properly incurred as a consequence of your failure to file and serve a notice of defence and accompanying affidavit within time.

If you do not file and serve a notice of defence and accompanying affidavit, the case may proceed without further notice to you.
Address for service If you do not wish to defend the application but you do wish to know what is happen- ing, you must— (a) file in this office of the court a notice giving the address of a place in New Zea- land at which documents may be left for you; and 333 Schedule 3 Family Court Rules 2002 Reprinted as at 14 July 2017 (b) serve a copy of the notice on the other party (or parties) to the proceedings.

That copy may be delivered to the address for service given by the applicant (or by other parties).
Assistance A lawyer will prepare a notice of defence for you.

If you want a lawyer but think you cannot afford one, contact an office of the Family Court immediately.

You may also see a specimen form of the notice of defence at any office of the Family Court.

Liability as a witness Even if you take no action, the court may summon you as a witness to help it deal with the application.

Copies of orders You will get a copy of any orders made against you.
However, any order will prob- ably be in force from the time it is made.

The fact that you have not got a copy of the order will not be an excuse for not obeying it.

Advice If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.

....................................... Registrar .......................................
Date Schedule 3 form CS 25: amended, on 3 August 2009, by rule 12(1) of the Family Courts Amendment Rules 2009 (SR 2009/185).

334 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 3 Form CS 26 Notice of application to respondent residing outside New Zealand r 32(2)(b) (General heading—Form G 2) To ............................. ............................. .............................

Notification of application for order [Full name], the applicant, has filed an application in this court.
A copy of the appli- cation is attached.

The order (or orders) sought by the applicant are specified in the application.

Jurisdiction of court The court may make an order for [set out order] if [set out bases for jurisdiction in respect of each order sought, following closely the relevant provisions of the Act].
Notice of defence If you wish to defend the application or be heard on it, you must, either directly or through a lawyer in the place where you are, send authority to a lawyer in New Zea- land, by air mail, instructing that lawyer to act for you.
If you wish to defend the ap- plication, you must, within [specify number] days of receiving this notice,— (a) (b) file a notice of defence and an accompanying affidavit in this office of the court; and serve a copy of the notice of defence and a copy of the accompanying affidavit on the other party (or parties) to the proceedings.

Those copies may be deliv- ered to the address for service given by the applicant (or other parties).
You should note that if you do not file and serve a notice of defence and accompany- ing affidavit within that time you may not be able to defend the application.

On the day of the hearing of the application, should you appear, the Judge may— (a) allow you to take part in the hearing of the application only on such terms as the Judge thinks fit; or (b) decline to allow you to take part.
You should also note that the Judge may make an order against you for costs properly incurred as a consequence of your failure to file and serve a notice of defence and accompanying affidavit within time.

If you do not file and serve a notice of defence and accompanying affidavit, the case may proceed without further notice to you.
335 Schedule 3 Family Court Rules 2002 Reprinted as at 14 July 2017 Address for service If you do not wish to defend the application but you do wish to know what is happen- ing, you must— (a) (b) file in this office of the court a notice giving the address of a place in New Zea- land at which documents may be left for you; and serve a copy of the notice on the other party (or parties) to the proceedings.

That copy may be delivered to the address for service given by the applicant (or other parties).
Copies of orders You will get a copy of any orders made against you.

However, any order will prob- ably be in force from the time it is made.

The fact that you have not got a copy of the order will not be an excuse for not obeying it.

Advice If you need help, consult a lawyer in the place where you are immediately.

If you intend to employ a lawyer in New Zealand, you should ask about your eligibil- ity for legal aid in this country.
....................................... Registrar .......................................

Date Schedule 3 form CS 26: amended, on 3 August 2009, by rule 12(2) of the Family Courts Amendment Rules 2009 (SR 2009/185).

336 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 3 Form CS 27 Notice of intervention Section 125, Child Support Act 1991 (Front page—Form G 1) r 269(a) I, [full name], of [address], [occupation], intervene in the above proceedings.

I am— *the Commissioner of Inland Revenue.


*the custodian of [full name(s) of child(ren)] who is (or are) the child(ren) in respect of whom child support is sought.

*a person by whom (or from whom) financial support is sought.

*Delete if inapplicable.

....................................... Signature of person intervening .......................................
Date To the Registrar Family Court at [place] and To the applicant and To the respondent This notice is filed by [full name], whose address for service is [address].

Note The person intervening now becomes a party to the proceedings.
337 Schedule 3 Family Court Rules 2002 Form CS 28 Affidavit of financial means and their sources Section 234(2)(d), Child Support Act 1991 (Front page—Form G 1) Reprinted as at 14 July 2017 r 260 I, [full name], of [address], [occupation], swear (or affirm) that my financial means and their sources are set out below.

1 My income for the 52 weeks immediately preceding the date of this affidavit was as follows: [use “Nil” if applicable].
$ $ Item Particulars (a) (b) (c) (d) (e) (f) (g) (h) salary, wages, or other personal earnings from [state employer]: gross income from business: amount received from boarders (including children over 16 years of age): rents from property (including rooms let): compensation or damages received: superannuation, pension, or benefit (including any from overseas): dividends and interest: all other sources of income [specify]: Total income in the 52 weeks: $ 2 My assets (both in New Zealand and elsewhere) are as follows: Item Particulars (a) land and buildings [state address and capital value]: (b) money in bank accounts [specify banks]: (c) money not in bank or invested: (d) money lent or in hands of any person [name and address]: (e) (f) (g) (h) Government stock, shares, debentures, or bonds [state details]: plant and machinery [state details]: livestock [state details]: interest in business, stock in trade, or venture of any kind [state details]: (i) motor vehicles [state details]: 338 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 3 Item Particulars (j) any other property or assets not specified above, including interest in any estate [state details]: $ Total assets: $ 3 4 The property specified in items [specify] of clause 2 of this affidavit is mort- gaged, or otherwise secured to [full name] of [address], for the sum of: $ ............................. My expenses for the 52 weeks specified in clause 1 of this affidavit were as follows: $ Item Particulars (a) (b) income tax: insurance and superannuation: (c) medical and hospital benefits: (d) (e) (f) (g) (h) (i) (j) (k) (l) rent: rates: mortgage payments: repairs on home: food and household supplies: electricity, gas, and fuel: telephone: laundry and cleaning: clothing: (m) child maintenance, care, and education: (n) maintenance for former spouse or former de facto partner: (o) (p) (q) (r) (s) entertainment: fares: car maintenance, running, and registration: hire purchase payments: other expenses [specify]: Total expenses in the 52 weeks: $ 5
 Separate income for the 52 weeks of members of household whose expenses are included: (a) [list full names, ages, and relationship of all members of household]: 339 Schedule 3 Family Court Rules 2002 Reprinted as at 14 July 2017 (b) [list details of separate income of any member of household]: Sworn (or Affirmed) at [place], [date], before me: ............................. Signature of deponent ............................. Registrar (or Justice of the Peace or Solicitor of the High Court) Schedule 3 form CS 28: amended, on 1 July 2004, by rule 7(1) of the Family Courts Amendment Rules 2004 (SR 2004/165).
340 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 3 Form CS 29 Request for issue of warrant to seize property r 255 Section 183, Child Support Act 1991 (Front page—Form G 1) To the Registrar District Court at [place] I, [full name], of [address], [occupation], request the issue of a warrant to seize prop- erty under section 183 of the Act against the respondent.

[Set out details of the financial support that is payable by the person under the Act.]
I certify— (a) (b) that payments of financial support are in arrears and unpaid for not less than 14 days; and that there is now due and owing by way of financial support the sum of [state amount] up to [date].

....................................... Signature .......................................

Date Request filed: Warrant issued: Date ................... ................... Time ................... ................... Initials ................... ...................
Schedule 3 form CS 29 heading: replaced, on 14 April 2014, by rule 8(1) of the Family Courts Amendment Rules (No 3) 2013 (SR 2013/414).

Schedule 3 form CS 29: amended, on 14 April 2014, by rule 8(2) of the Family Courts Amendment Rules (No 3) 2013 (SR 2013/414).
341 Schedule 3 Family Court Rules 2002 Form CS 30 Warrant to seize property Section 183, Child Support Act 1991 (General heading—Form G 2) Reprinted as at 14 July 2017 r 255 To every bailiff and constable Financial support due by the respondent, [full name], under the Act is, at the time of the issue of this warrant, in arrears and unpaid for not less than 14 days.
I direct you to immediately levy or cause to be levied the sum of [specify amount], and the costs of the execution of this warrant, by seizure and sale of any of the re- spondent’s goods and chattels, except the respondent’s necessary tools of trade, to a value not exceeding $500 and the respondent’s necessary household furniture and ef- fects, including the wearing apparel of the respondent and any members of the re- spondent’s family, to a value not exceeding $2,000.
In pursuance of that direction, you are also authorised to seize and take away, and de- liver to the Registrar of this court, any money, bank notes, bills of exchange, promis- sory notes, bonds, specialities, or other securities for money belonging to the respond- ent.

You are directed to pay what you levy to the Registrar of this court (or to the Regis- trar of the court at [place]) and to make return of what you do by virtue of this war- rant immediately on its execution.
If no sufficient goods or money can be found or if the respondent cannot be found, you are required to report back to this court and to state what your inquiries have shown.

....................................... Judge .......................................

Date Notes Sale by auction Goods seized in execution under this warrant must be sold by public auction unless a court otherwise orders.
Restriction on sale Goods seized in execution under this warrant must not be sold until the expiration of a period of at least 7 days following the day on which the goods were seized unless— (a) the goods are of a perishable nature; or 342 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 3 (b) the person whose goods have been seized so requests in writing.
Power of entry For the purpose of executing this warrant, you may, at any time, enter on any prem- ises, by force if necessary, if you have reasonable cause to believe that the property in respect of which this warrant is issued is on those premises.

If any person in actual occupation of the premises requires you to produce evidence of your authority, you must produce this warrant before entering on the premises.
Endorsements A request was made to the court for the issue of this warrant at [specify minutes] mi- nutes past the hour of [specify hour] on [date] by [full name].

This warrant was received by me on [date] at [time].

....................................... Registrar ....................................... Bailiff (or Constable) [Form 74 in the District Courts Rules 1992 must be endorsed on this form if neces- sary.]
Schedule 3 form CS 30 heading: replaced, on 14 April 2014, by rule 9(1) of the Family Courts Amendment Rules (No 3) 2013 (SR 2013/414).

Schedule 3 form CS 30: amended, on 14 April 2014, by rule 9(2) of the Family Courts Amendment Rules (No 3) 2013 (SR 2013/414).
343 Schedule 3 Family Court Rules 2002 Form CS 31 Charging order Section 184, Child Support Act 1991 (General heading—Form G 2) Reprinted as at 14 July 2017 r 255 The court is satisfied that the respondent, [full name], has a liability to pay financial support under the Act.

The court is satisfied that the respondent is entitled to the following property: [de- scribe property to be charged and, if the order is to bind the Crown, the particulars required by section 186 of the Act].
The court orders that the money payable or to become payable by the respondent by way of financial support must be a charge on the property described above and, sub- ject in the case of any real property to registration of a duplicate or copy of this order under the seal of the court against the appropriate title to the land (or as the case may require), the property is charged in favour of [full name] to whom for the time being and from time to time the money is or becomes payable.
....................................... Registrar .......................................

Date Schedule 3 form CS 31: amended, on 1 July 2004, by rule 7(2) of the Family Courts Amendment Rules 2004 (SR 2004/165).
344 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 3 Form CS 32 Receiving order Section 187, Child Support Act 1991 (General heading—Form G 2) r 255 On [date], an order was made that money payable or to become payable by the re- spondent by way of financial support must be a charge on the following property to which the respondent is entitled: [describe the property charged].
That charge is in favour of [full name], being the person to whom, for the time being and from time to time, the money is or becomes payable.

The court is satisfied that payments of financial support under the Act that are due by the respondent are in arrears and unpaid and that there is due and payable the sum of $[specify]— *and is satisfied that a copy of the charging order has been registered against the ap- propriate title to the land described above [or as the case may be].
†and is satisfied that a copy of the charging order has been served on the respondent.

‡and that the proposed receiver has entered into and filed a bond to the satisfaction of the Registrar for the due administration of his or her receivership.

The court orders that [full name and description of receiver] be the receiver of [de- scribe terms of order].
Subject to the provisions of the Act, all money received by the receiver in the exercise of his or her powers must, after payment of all expenses incurred by him or her and of the remuneration (if any) that may be allowed by the court (or where Public Trust is the receiver, as provided by under the Public Trust Act 2001), be held by the receiver in trust— (a) (b) to pay and satisfy all money from time to time accruing due, by way of finan- cial support: to hold the residue of the money so received until the charging order or this re- ceiving order is discharged, or the court sooner directs, and then to pay it to the person who would be entitled to the money if no such charging or receiving order was in force.
*Delete if charging order does not include a charge over any real property.

†Delete if order is not made on an application.

....................................... Registrar .......................................

Date 345 Schedule 3 Family Court Rules 2002 Reprinted as at 14 July 2017 ‡Delete if the receiver is Public Trust, the Maori Trustee, or a trustee company within the meaning of the Trustee Companies Act 1967.
Note The receiving order will expire on the payment of all arrears due under the Act, to- gether with the payment in advance of all money that will become payable under the Act during the following 6-month period.
346 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 3 Form CS 33 Summons to attend examination as to means and default r 255 Section 190, Child Support Act 1991 (General heading—Form G 2) To ............................. ............................. ............................. You are liable to pay financial support under the Act.

The amount of $[specify] was in arrears and unpaid on [date].
You are summoned to appear at [time] on [date] at the Family Court at [place] to be examined orally as to your means and as to the reasons for your failure to pay the financial support in arrears.

If you pay the above amount before the above date, you need not appear for examination.

You must bring to the hearing any books, papers, and documents relating to your debts and to your failure to pay.

....................................... Registrar .......................................
Date The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.

Notes Representation by a lawyer You may be represented at the examination by a lawyer if you wish.

Failure to appear If you fail to appear in answer to this summons, a warrant may be issued for your arrest.

Advice If you need help, consult a lawyer or contact a Family Court office immediately.
347 Schedule 3 Family Court Rules 2002 Reprinted as at 14 July 2017 Form CS 34 Warrant to arrest respondent for examination as to means and default r 255 Section 190(4), Child Support Act 1991 (General heading—Form G 2) To every constable A summons was issued requiring the respondent, [full name], to appear on [date] at the Family Court at [place] to be examined as to the respondent’s means and as to the reasons for the respondent’s failure to pay financial support due under the Act.
*The examination was adjourned to [place].

*Delete if inapplicable.

The summons could not be served (or The respondent did not appear).

I direct you to arrest the respondent and bring the respondent before the court as soon as possible.

If you believe that the respondent cannot be brought before the court within 72 hours after the arrest of the respondent, you need not execute the warrant immediately.

....................................... Judge .......................................
Date 348 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 3 Form CS 35 Summons to witness to attend examination Section 192(1), Child Support Act 1991 (General heading—Form G 2) r 255 To ............................. ............................. ............................. [Full name] has been summoned to appear to be examined orally as to his (or her) means and as to his (or her) reasons for failure to pay financial support due under the Act.
I believe— *that you have possession of books, papers, or documents relating to the affairs or property of the respondent.

*that you are capable of giving information concerning the respondent’s income from any sources or concerning the respondent’s expenditure.

You are summoned to appear as a witness at the examination at [time] on [date] at the Family Court at [place].

*You are required to bring with you and produce [set out details of the book, paper, or document].

*Delete if inapplicable.


....................................... Registrar .......................................

Date Notes Travelling expenses If you are required to travel more than 20 kilometres to attend the examination, you are entitled to a sum for expenses.

Failure to appear If you fail to appear in answer to this summons, a warrant may be issued for your arrest.
349 Schedule 3 Advice Family Court Rules 2002 Reprinted as at 14 July 2017 If you need help, consult a lawyer or contact a Family Court office immediately.
350 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 3 Form CS 36 Warrant to arrest witness for attendance at examination of respondent r 255 Section 192(4), Child Support Act 1991 (General heading—Form G 2) To every constable [Full name], of [address], [occupation], was summoned to appear on [date] at [place] as a witness at an examination as to the means of the respondent, [full name], and as to the reasons for the respondent’s failure to pay financial support due under the Act.
The witness failed to appear.

I am satisfied— (a) (b) that the summons was duly served on the witness; and that the witness was not required to travel more than 20 kilometres to attend the examination (or that expenses in accordance with the prescribed scale were tendered to the witness).

I direct you to arrest the witness, [full name], and bring him (or her) before the court as soon as possible.
If you believe that the witness cannot be brought before the court within 72 hours after the arrest of the witness, you need not execute the warrant immediately.

....................................... Judge .......................................
Date 351 Schedule 3 Family Court Rules 2002 Reprinted as at 14 July 2017 Form CS 37 Warrant to arrest respondent for attendance at contempt proceedings r 255 Section 196(5), Child Support Act 1991 (General heading—Form G 2) To every constable It is alleged that— (a) (b) the respondent has or has had sufficient means to pay money payable under the Act but has refused or failed to do so; and other methods of enforcing payment have been considered or tried and that they are inappropriate or have been unsuccessful.
As a result, an application has been made under section 196(2) of the Act.

*The application (with its supporting affidavit) was served on the respondent, but the respondent did not attend the hearing of the application on [date] at [place].

or *The application (with its supporting affidavit) could not be served on the respondent.

*Delete if inapplicable.

I direct you to arrest the respondent and bring the respondent before the court as soon as possible.
If you believe that the respondent cannot be brought before the court within 72 hours after the respondent’s arrest, you need not execute the warrant immediately.

....................................... Judge .......................................

Date Note The warrant will cease to have effect if the amount due under the Act is paid.
352 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 3 Form CS 38 Application without notice for issue of warrant for arrest of respondent Section 199, Child Support Act 1991 r 255 CS No: ...................

In the Family Court at [place] Applicant The Commissioner of Inland Revenue Respondent [full name, address, and occupation] I— *am the Commissioner of Inland Revenue.

*[full name], am an employee of the Crown and am appearing for the Commissioner of Inland Revenue.
*Delete if inapplicable.

I make oath and say that— 1 2 the respondent has a liability to pay financial support under the Act.

I have reasonable cause to believe that the respondent is about to leave New Zealand with intent to avoid payment of that liability.

I apply for the issue of a warrant for the arrest of the respondent.
Sworn (or Affirmed) at [place], [date], before me: ....................................... Signature of applicant ....................................... Registrar (or Justice of the Peace or Solicitor) To the Registrar District Court at [place] This application is filed by [full name], whose address for service is [address].
353 Schedule 3 Family Court Rules 2002 Reprinted as at 14 July 2017 Form CS 39 Warrant for arrest of absconding respondent Section 199, Child Support Act 1991 r 255 CS No: ...................

Applicant The Commissioner of Inland Revenue Respondent [full name, address, and occupation] In the Family Court at [place] To every constable I am satisfied that— 1 2 the respondent has a liability to pay financial support under the Act.
the respondent is about to leave New Zealand with intent to avoid payment of that liability.

(*There being no District Court Judge available and the case appearing to be one of urgency,) I direct you to arrest the respondent and bring the respondent before a Dis- trict Court as soon as possible.

*Delete if inapplicable.

....................................... Judge (or Registrar (not being a constable)) .......................................
Date 354 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 4 Schedule 4 Forms for proceedings under Oranga Tamariki Act 1989 Schedule 4 heading: amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
rr 62(2), 275 CYPF 1 Front page for documents filed in court under Oranga Tamariki Act 1989 CYPF 2 Heading of documents issued by court or Registrar under Oranga Tamariki Act 1989 CYPF 3 Certificate as to holding of family group conference CYPF 4 Information sheet to accompany applications under Oranga Tamariki Act 1989 CYPF 5 Notice of application CYPF 6 Statement of consent CYPF 7 Notice of proposal to make order CYPF 8 Summons to attend mediation conference (or hearing) CYPF 9 Summons for attendance of child or young person at hearing CYPF 10Warrant to arrest party for attendance at hearing CYPF 11Warrant to bring child or young person before court CYPF 12Warrant to deliver child or young person to person entitled to access CYPF 13Summons, by way of recall, to appear before Family Court CYPF 14Application relating to secure care CYPF 15Notice of application relating to detention in secure care Page 356 357 358 359 362 364 365 367 368 369 370 371 372 373 375 355 Schedule 4 Family Court Rules 2002 Reprinted as at 14 July 2017 Form CYPF 1 Front page for documents filed in court under Oranga Tamariki Act 1989 In the Family Court at [place] rr 72(1)(a), 275 CYPF No: ................... Child or young person the application is about [Full name of child or young person the application is about], born on [date of birth].
[Set out full description of document (including whether it is made with or without notice), its date, and, in the case of an affidavit or affirmation, the name of the depo- nent and in whose support it is filed.]

This document is filed by [name and address for service, and, if filed by lawyers, the name and telephone number of the acting lawyer].
Schedule 4 form CYPF 1 heading: amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
356 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 4 Form CYPF 2 Heading of documents issued by court or Registrar under Oranga Tamariki Act 1989 In the Family Court at [place] rr 73(1)(a), 275 CYPF No: ................... Child or young person the application is about [Full name of child or young person the application is about], born on [date of birth].
Schedule 4 form CYPF 2 heading: amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
357 Schedule 4 Family Court Rules 2002 Form CYPF 3 Certificate as to holding of family group conference Oranga Tamariki Act 1989 (Heading—Form CYPF 2) Reprinted as at 14 July 2017 r 279(1)(a) *I certify that— *(a) *(b) *(c) *(d) a family group conference has been held in relation to [full name of child or young person]; and the members of the conference were unable to agree on what decisions, recom- mendations, or plans should be made or formulated in relation to that child (or young person); or agreement on the decisions, recommendations, and plans made or formulated by that conference has been secured under section 30 of the Oranga Tamariki Act 1989; or the members of the conference agreed on what decisions, recommendations, and plans should be made or formulated in relation to the child (or young per- son), but [full name], acting in his (or her) capacity as [state capacity], did not agree to those decisions, recommendations, and plans.
*I certify that reasonable enquiries have been made to ascertain the whereabouts of a member of the family, whanau, or family group of [full name of child or young per- son], and that it has not been possible to ascertain the whereabouts of any such per- son.

*Delete if inapplicable.

....................................... Care and Protection Co-ordinator (or Youth Justice Co-ordinator) .......................................
Date Schedule 4 form CYPF 3: amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
358 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 4 Form CYPF 4 Information sheet to accompany applications under Oranga Tamariki Act 1989 In the Family Court at [place] r 20(1)(b) CYPF No: ................... Particulars of child or young person that the application is about This information sheet accompanies application(s) about [full name of child or young person that the application is about].
*Home address: ............................................................................................................... *Work address: ................................................................................................................ *Contact telephone number(s): ............................. [home] ............................. [work] Age: .........

Date of birth: .... /.... /....

Gender: .............................


Ethnic group: [please mark the space or spaces which apply] □ □ □ □ □ □ □ □ □ New Zealand European Maori Samoan Cook Island Maori Tongan Niuean Chinese Indian Other [Dutch, Japanese, Tokelauan, etc] Please state: ............................. Interpreter required: Yes/No If yes, specify language: .................................................................................................
The child (or young person) that the application is about is living with the following person(s): Full name: ....................................................................................................................... *Home address: ............................................................................................................... *Work address: ................................................................................................................ *Contact telephone number(s): ............................. [home] ............................. [work] Relationship or status in relation to the child (or young person): 359 Schedule 4 Family Court Rules 2002 Reprinted as at 14 July 2017 ..........................................................................................................................................
The child (or young person) has lived with that person for [state period].
The living parent(s) of the child (or young person) are as follows: Full name: ....................................................................................................................... *Home address: ............................................................................................................... *Work address: ................................................................................................................ *Contact telephone number(s): ............................. [home] ............................. [work] The guardians of the child (or young person) are as follows: Full name: ....................................................................................................................... *Home address: ............................................................................................................... *Work address: ................................................................................................................ *Contact telephone number(s): ............................. [home] ............................. [work] *These details may be omitted from the copy to be served with the application.
The child (or young person) is in the legal custody of [if the child or young person is in the legal custody of the Director-General or an Iwi Authority or a Cultural Author- ity or the Director of a Child and Family Support Service or the controlling authority of a home registered under the Disabled Persons Community Welfare Act 1975, state the name and address of the person or organisation that has legal custody].
The child (or young person) is in that custody by reason of [state the legal authority for that custody, eg, place of safety warrant under section 39 of the Act, and give de- tails of that legal authority, including the date of commencement and, if that authority was granted by a court, the location of that court and the file number of the proceed- ings (if known)].
The following court orders are in force in respect of the child (or young person): [state the nature of the order, the date on which it was made, the court that made the order, the location of that court, and the file number of the proceedings (if known)].

*The barrister or solicitor representing the child (or young person) in these proceed- ings is [full name], of [address].

*Delete if inapplicable.


Previous applications: [give the file number of, or sufficient information to identify, any previous applications relating to the child or young person that the application is about, and the courts where those applications were filed].
360 Reprinted as at 14 July 2017 Nature of applications The applications are: Family Court Rules 2002 Schedule 4 1 ....................................................................................................................................... 2 ....................................................................................................................................... A family group conference has (or has not) been held in respect of the matter that forms the ground of the application(s).
A medical examination of the child or young person has (or has not) been carried out under section 50 or section 53 of the Act.

Particulars of applicant The applicant is [full name], of [address], [occupation].

Home address: ................................................................................................................. Work address: ..................................................................................................................
Contact telephone number(s): ............................. [home] ............................. [work] Relationship or status in relation to the child (or young person): .......................................................................................................................................... Capacity in which the application is made: .................................................................... ..........................................................................................................................................
Address for service The accompanying applications are filed by [full name], whose address for service1 is [address].

1This address must be a place in New Zealand where any document may be left for the applicant.

It may not be the address of a Post Office box, document exchange, or rural delivery.

For court use: Date stamp: Schedule 4 form CYPF 4 heading: amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
361 Reprinted as at 14 July 2017 r 32(2)(b) Schedule 4 Family Court Rules 2002 Form CYPF 5 Notice of application Oranga Tamariki Act 1989 (Heading—Form CYPF 2) To ............................. ............................. ............................. [Repeat if more than 1 respondent.]

Notification of application for order [Full name], the applicant, has filed an application at this court.

A copy of the application is attached.


The order(s) or declaration(s) sought by the ap- plicant is (or are) specified in the application.

Notice of intention to appear If you wish to appear at the hearing of the application, either to support or to oppose the application, you must, within 7 days after the service of this notice on you, file a notice of intention to appear in this office of the court.
If you file a notice of intention to appear, you must serve a copy of the notice on the applicant or the applicant’s solicitor.

The copy may be delivered to the address for service given by the applicant.

You must also serve a copy of the notice on the barris- ter or solicitor representing the child (or young person) that the application is about, who is [full name], of [address].
You should note that if you do not file and serve a notice of intention to appear within 7 days after receiving service of this notice you may not be able to defend the applica- tion.

On the day of the hearing of the application, should you appear, the Judge may— (a) allow you to take part in the hearing of the application only on such terms as the Judge thinks fit; or (b) decline to allow you to take part.
You should also note that the Judge may make an order against you for costs properly incurred as a consequence of your failure to file and serve a notice of intention to ap- pear within time.

If you do not file and serve a notice of intention to appear, the case may proceed with- out further notice to you.
362 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 4 If you do not wish to appear either to support or to oppose the application, but you do wish to be kept informed of what is happening in respect of the application, you must— (a) (b) file in this office of the court a notice giving the address of a place in New Zea- land at which documents may be left for you; and serve a copy of the notice on the other party (or parties) to the proceedings.
That copy may be delivered to the address for service given by the other party (or parties).

If you do not appear at the hearing of the application, and the court considers that your presence is necessary to enable the court to hear and determine the application, a summons may be issued requiring you to attend.

If you do not obey the summons, you may be arrested and brought before the court.

A mediation conference may be held to discuss the application.
You will be given no- tice of the time and place at which the conference will be held.

You will be requested to attend that conference.

Assistance You may instruct a lawyer to prepare on your behalf a notice of intention to appear.

If you want a lawyer but think you cannot afford one, contact an office of the Family Court immediately.

You may also see a specimen form of the notice of intention to appear at any office of the Family Court.
Copies of orders You will get copies of any orders made pursuant to this application.

Advice If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.

....................................... Registrar .......................................
Date Schedule 4 form CYPF 5: amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Schedule 4 form CYPF 5: amended, on 3 August 2009, by rule 13 of the Family Courts Amendment Rules 2009 (SR 2009/185).
363 Schedule 4 Family Court Rules 2002 Form CYPF 6 Statement of consent Oranga Tamariki Act 1989 (Front page—CYPF 1) Reprinted as at 14 July 2017 r 300(2) I, [full name], of [address], [occupation], consent to the making of the following order (or the imposing of the following condition) under the Oranga Tamariki Act 1989: [state order or condition consented to].

This consent is given subject to the following conditions: [state any conditions on which this consent is given].
My relationship or status in relation to the child (or young person) that the application is about is ........................................................................................................................

Dated [date].

.......................................

Signed by the above-named, [full name of person giving the consent], in the presence of— Signature of witness: .......................................................................................................
Address: ..........................................................................................................................

Occupation: .....................................................................................................................

Schedule 4 form CYPF 6: amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
364 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 4 Form CYPF 7 Notice of proposal to make order Oranga Tamariki Act 1989 (Heading—Form CYPF 2) r 300(4) To ............................. ............................. .............................

The court proposes to make the following order under the Oranga Tamariki Act 1989: [state order proposed to be made].

*The order may not be made without your consent.


*The order may not be made unless you have been given the opportunity to make rep- resentations to the court.

*The order may not be made unless you have been given the opportunity to appear and be heard.

*Delete if inapplicable.

The court will consider making the order at the time and place stated below.

You may make representations to the court about the order then.
If you wish to consent to the making of the order, you may file in the court a statement of consent in form CYPF 6.

Time and place of hearing Date of hearing: ............................. Time: ................... am/pm Place of hearing: ............................................................................................................. ....................................... Registrar .......................................
Date Notes Advice If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.

365 Schedule 4 Family Court Rules 2002 Reprinted as at 14 July 2017 Schedule 4 form CYPF 7: amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
366 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 4 Form CYPF 8 Summons to attend mediation conference (or hearing) r 275 Section 156 (or section 175), Oranga Tamariki Act 1989 (Heading—Form CYPF 2) To [full name], of [address] either [In the case of a summons to attend a mediation conference] You have failed to comply with a letter sent to you by post requesting you to attend a mediation conference at [time] on [date] at [place].
You are summoned to attend a mediation conference at [time] on [date] at [place].

*You are required to bring with you and produce [specify what must be produced].

*Delete if inapplicable.

If, without sufficient cause, you refuse or neglect to attend or to produce anything that you are required to produce, you may be prosecuted and fined.

or [In the case of a summons to attend a hearing] You are summoned to appear before the Family Court at [time] on [date] at [place].
Your presence is required to enable the court to hear and determine an application by [full name of applicant] in respect of [full name of child or young person to whom the proceedings relate].

If, without sufficient cause, you refuse or neglect to attend, you may be prosecuted and fined.

....................................... Judge (or Registrar) .......................................
Date Schedule 4 form CYPF 8: amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
367 Schedule 4 Family Court Rules 2002 Reprinted as at 14 July 2017 Form CYPF 9 Summons for attendance of child or young person at hearing r 275 Section 157, Oranga Tamariki Act 1989 (Heading—Form CYPF 2) To [full name], of [address] You are required to ensure that [full name of child or young person] is present at the Family Court at [time] on [date] at [place].
The presence of that child (or young person) is necessary to enable the court to hear and determine an application made in respect of him (or her) under the Oranga Tam- ariki Act 1989.

If you fail to take all reasonable steps to ensure that the child (or young person) ap- pears before the court, you may be prosecuted and fined.

....................................... Registrar .......................................
Date Schedule 4 form CYPF 9: amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

368 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 4 Form CYPF 10 Warrant to arrest party for attendance at hearing r 275 Section 156(2), Oranga Tamariki Act 1989 (Heading—Form CYPF 2) To every constable [Full name], of [address], was summoned to appear before the Family Court at [place] on [date].
The presence of that person is necessary to enable the court to hear and determine an application under the Oranga Tamariki Act 1989.

That person failed to appear.

The court is satisfied that the summons was duly served on that person.

I direct you to arrest [full name] and bring him (or her) before the Family Court at [time] on [date] at [place].

....................................... Registrar .......................................
Date Schedule 4 form CYPF 10: amended, on 14 July 2017, by section 149 of the Children, Young Per- sons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Schedule 4 form CYPF 10: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Polic- ing Act 2008 (2008 No 72).
369 Schedule 4 Family Court Rules 2002 Form CYPF 11 Warrant to bring child or young person before court Section 157(2), Oranga Tamariki Act 1989 (Heading—Form CYPF 2) Reprinted as at 14 July 2017 r 275 To every constable and every social worker and To [full name], [occupation] On [date], a summons was served on [full name], of [address], requiring that person to ensure that [full name of child or young person] appeared at the hearing of an ap- plication under the Oranga Tamariki Act 1989.
The presence of that child (or young person) is necessary to enable the court to hear and determine that application.

That child (or young person) failed to appear.

I am satisfied that the summons was duly served.

I authorise you to take possession of [full name of child or young person] and bring him (or her) before the Family Court at [time] on [date] at [place].
For the purpose of executing this warrant, you are authorised by section 123 of the Oranga Tamariki Act 1989 to enter and search any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises, or place, with or without assistance and by force if necessary.

....................................... Judge .......................................
Date Schedule 4 form CYPF 11: amended, on 14 July 2017, by section 149 of the Children, Young Per- sons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Schedule 4 form CYPF 11: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Polic- ing Act 2008 (2008 No 72).
370 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 4 Form CYPF 12 Warrant to deliver child or young person to person entitled to access r 275 Section 122, Oranga Tamariki Act 1989 (Heading—Form CYPF 2) To every constable and every social worker and To [full name], [occupation] I am satisfied on the application of [full name], of [address], [occupation], that he (or she) is entitled to access to [full name of child or young person], aged [specify] years, under an order made under section 121 of the Oranga Tamariki Act 1989.
The child (or young person) is in the care of [full name], of [address].

I authorise you to take possession of [full name of child or young person] and deliver him (or her) to [full name].

For the purpose of executing this warrant, you are authorised by section 123 of the Oranga Tamariki Act 1989 to enter and search any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises, or place, with or without assistance and by force if necessary.
....................................... Judge .......................................

Date Schedule 4 form CYPF 12: amended, on 14 July 2017, by section 149 of the Children, Young Per- sons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Schedule 4 form CYPF 12: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Polic- ing Act 2008 (2008 No 72).
371 Schedule 4 Family Court Rules 2002 Reprinted as at 14 July 2017 Form CYPF 13 Summons, by way of recall, to appear before Family Court r 275 Section 85, Oranga Tamariki Act 1989 (Heading—Form CYPF 2) To [full name], of [address], [occupation] By order of the Family Court at [place] made on [date], you were ordered to come before that court if called on within 2 years after that order was made.
That court has now directed, on the application of a social worker (or a constable or [full name], the applicant in the proceedings in which the order was made), that this summons recalling you before that court be issued.

That application was made on the grounds that [specify grounds].

You are summoned to appear at [time] on [date] at the Family Court at [place].
The court will then inquire into the circumstances of the case and your conduct since the order was made for the purpose of deciding whether it should exercise any of its powers.

Dated at [place], [date].

....................................... Judge (or Justice of the Peace or Registrar (not being a constable)) Notice to person summoned Advice If you need help, consult a lawyer or contact a Family Court office immediately.
Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.

Schedule 4 form CYPF 13: amended, on 14 July 2017, by section 149 of the Children, Young Per- sons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Schedule 4 form CYPF 13: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Polic- ing Act 2008 (2008 No 72).
372 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 4 Form CYPF 14 Application relating to secure care Section 371 (or section 372(1) or section 377 or section 379 or section 380), Oranga Tamariki Act 1989 r 275 I, [full name], apply— (Front page—Form CYPF 1) *(a) under section 371 of the Oranga Tamariki Act 1989 for an approval authorising the continued detention of [full name] in secure care.
*(b) without notice under section 372(1) of the Oranga Tamariki Act 1989 for an order authorising the continued detention of [full name] in secure care.

*(c) under section 377 of the Oranga Tamariki Act 1989 for the renewal of an ap- proval granted under section 376(1) of that Act authorising the continued de- tention of [full name] in secure care.
*(d) under section 379 of the Oranga Tamariki Act 1989 for a review of the decision of the Family Court (or Youth Court or District Court)— *(i) *(ii) to grant an approval under section 376 of that Act authorising the con- tinued detention of [full name] in secure care.

to grant a renewal of an approval under section 376 of that Act author- ising the continued detention of [full name] in secure care.
*(iii) to impose conditions under section 376 (or section 377) of that Act relat- ing to the continued detention of [full name] in secure care.

*(e) on notice (or without notice) under section 380 of the Oranga Tamariki Act 1989 for a review of the decision of the Director-General to place [full name] in secure care.

*Delete if inapplicable.

I am making this application because [state the reasons for the application].
I say: [set out sufficient information to inform the court of the facts relied on to support the application].

To the Registrar, Family Court at [place] ....................................... Signature of applicant .......................................

Date 373 Schedule 4 Family Court Rules 2002 Reprinted as at 14 July 2017 and To the other parties This application is filed by [full name], whose address for service is [address].
Date of hearing I appoint [date] at [time] at the Family (or Youth or District) Court (or the [name of responsible department residence]) at [place] for the hearing of this application.

....................................... Registrar .......................................

Date Notes Advice If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.
Information sheet If this is an application under section 371 of the Act, a duly completed information sheet (in form CYPF 4) must accompany this application.

Schedule 4 form CYPF 14: amended, on 14 July 2017, by section 149 of the Children, Young Per- sons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Schedule 4 form CYPF 14: amended, on 21 October 2002, pursuant to section 11(5) of the Depart- ment of Child, Youth and Family Services Act 1999 (1999 No 82).
374 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 4 Form CYPF 15 Notice of application relating to detention in secure care Section 371(2) (or section 377(3) or section 381), Oranga Tamariki Act 1989 r 275 (Heading—Form CYPF 2) To ............................. ............................. .............................

Notification of application for order [Full name], the applicant, has filed an application in this court.

A copy of the application is attached.


The order(s) or approval(s) sought by the appli- cant is (or are) specified in the application.

Notice of intention to appear If you wish to appear at the hearing of the application, either to support or to oppose the application, you must appear when the application is to be heard.

The date, time, and place of the hearing is stated in the application.
At any hearing of the matter, you are entitled to appear and be heard as a party to the application, and you may have a barrister or solicitor acting for you.

You may be en- titled to legal aid in the proceedings.

You must contact a lawyer as soon as possible if you wish to have legal representation.

....................................... Registrar .......................................
Date Schedule 4 form CYPF 15: amended, on 14 July 2017, by section 149 of the Children, Young Per- sons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
375 Schedule 5 Family Court Rules 2002 Reprinted as at 14 July 2017 Schedule 5 Forms for proceedings under Domestic Violence Act 1995 Front page for documents filed in court under Domestic Violence Act 1995 rr 62(2), 305 Page 378 Heading of documents issued by court or Registrar under Domestic Violence Act 1995 Application for protection order/property orders Affidavit in support of application for protection order/property orders DV 1 DV 2 DV 3 DV 4 DV 4A Information sheet to accompany applications under the Domestic Violence Act 1995 (including application made without notice) DV 5 DV 6 DV 7 DV 8 Notice of residential address and request for confidentiality Information for Police if application made for protection order Application for appointment as representative Application for modification, discharge, or imposition of standard condition relating to weapons DV 9 Notice to respondent or associated respondent DV 10 Notice of defence DV 11 Notice of intention to appear DV 12 Affidavit of service DV 13 Summons to appear as witness (or appear before court) DV 14 Temporary protection order DV 14A Interim parenting order DV 15 Protection order DV 16 Temporary occupation order DV 17 Occupation order DV 18 Temporary tenancy order DV 19 Tenancy order DV 20 Temporary ancillary furniture order DV 21 Ancillary furniture order DV 22 Temporary furniture order DV 23 Furniture order 376 379 380 385 391 394 395 397 401 403 405 407 409 410 412 422 424 433 437 439 443 445 450 453 458 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 5 DV 24 Objection to direction to undertake assessment and attend non- violence programme DV 25 Notice of result of objection to direction to undertake assessment and attend non-violence programme 461 463 DV 26 Request by programme provider for variation of direction to attend 464 programme [Revoked] DV 27 Notice of registration of foreign protection order 465 377 Schedule 5 Family Court Rules 2002 Reprinted as at 14 July 2017 Form DV 1 Front page for documents filed in court under Domestic Violence Act 1995 In the Family Court at [place] rr 72(1)(a), 305 DV No: ................... [full name, address, and occupation of applicant] Applicant [full name, address, and occupation of respondent] Respondent *[full name, address, and occupation of associated respondent] Associated Respondent *Delete if inapplicable.
[Set out full description of document (including whether it is made with or without notice), its date, and, in the case of an affidavit or affirmation, the name of the depo- nent and in whose support it is filed.]

This document is filed by [name and address for service, and, if filed by lawyers, the name and telephone number of the acting lawyer].

Note Rules 310 and 311 of the Family Courts Rules 2002 permit the applicant’s address to be omitted from the front page.
378 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 5 Form DV 2 Heading of documents issued by court or Registrar under Domestic Violence Act 1995 In the Family Court at [place] rr 73(1)(a), 305 DV No: ................... [full name, address, and occupation of applicant] Applicant [full name, address, and occupation of respondent] Respondent *[full name, address, and occupation of associated respondent] Associated Respondent *Delete if inapplicable.
Note Rule 311 of the Family Courts Rules 2002 permits the applicant’s address to be omit- ted from the heading.

379 Schedule 5 Family Court Rules 2002 Form DV 3 Application for protection order/property orders Reprinted as at 14 July 2017 r 305 Section 7 (or section 52 or section 56 or section 62 or section 66), Domestic Violence Act 1995 (Front page—Form DV 1) *Application for protection order I, [full name], apply (*without notice) for a protection order against [full name], the respondent.
*Request for direction to protect specified persons [Note: A protection order automatically protects children of the applicant’s family.]

I also seek a direction that the protection order apply for the benefit of [full name].

*Request for protection from respondent’s associates I also seek a direction that the protection order apply against [full name], the associ- ated respondent.
*Request for special conditions I request that the following special conditions be part of the protection order: [set out in sufficient detail the nature of the special conditions sought, eg, a condition specify- ing a person who, for the purposes of sections 19(2), 20, and 28 of the Domestic Vio- lence Act 1995, is entitled to consent on behalf of a protected person].
*Request for direction relating to standard condition relating to weapons [Note: This request may be made only if the application is on notice.]

I seek— *(a) a direction that the standard condition relating to weapons not be a condition of the protection order.

*(b) modification of the terms of the standard condition relating to weapons, as fol- lows: [specify the modifications sought].
*Request for provision of safety programme I request the Registrar to authorise the provision of a safety programme to the follow- ing person(s): [full name(s)].

(See “Notes” below.)

*Application for occupation order (or tenancy order) *I apply (*without notice) for an occupation order granting me the right to personally occupy the dwellinghouse situated at [full address] (*for a period of [state if order sought for specific period]).
*I request that the occupation order be made on the following terms and conditions: [specify any terms and conditions sought].

380 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 5 *I apply (*without notice) for a tenancy order vesting in me the tenancy of the dwell- inghouse situated at [full address].
*Application for ancillary furniture order I apply for an ancillary furniture order granting me the possession and use of— *(a) *(b) all of the furniture, household appliances, and household effects in the dwell- inghouse situated at [full address]: the following furniture, household appliances, and household effects in the dwellinghouse situated at [full address]: [specify the items.
It is not necessary to specify every item as long as the items in respect of which the application is made are readily ascertainable]— *for a period of [state if order sought for a specific period].

*I request that the ancillary furniture order be made on the following terms and condi- tions: [specify any terms and conditions sought].
*Application for furniture order I apply (*without notice) for a furniture order granting me the possession and use of— *(a) *(b) all of the furniture, household appliances, and household effects in the dwell- inghouse situated at [full address]: the following furniture, household appliances, and household effects in the dwellinghouse situated at [full address]: [specify the items.
It is not necessary to specify every item as long as the items in respect of which the application is made are readily ascertainable]— *for a period of [state if order sought for a specific period].

*I request that the furniture order be made on the following terms and conditions: [specify any terms and conditions sought].

Affidavit in support I rely on the content of the affidavit dated [date] filed in support of this application (or these applications).
*Previous proceedings *The parties to this application were the parties (or some of the parties) to a previous application— *(a) under the Domestic Violence Act 1995: *(b) under [specify previous enactment corresponding to Domestic Violence Act 1995]: *(c) to which the Family Courts Rules 2002 apply,— and that previous application was filed in a court other than the court in which this application is filed.
381 Schedule 5 Family Court Rules 2002 Reprinted as at 14 July 2017 *The file number of that previous application is [specify].

or *[State other information that may assist in identifying the file.]

*The previous application was filed in the [specify] Court at [place].

*I request that all documents relating to the previous application be transferred to the court in which this application is filed.

*Delete if inapplicable.


....................................... Signature of applicant .......................................

Date *Certificate of lawyer for application made without notice [Note: Complete if applying without notice for a protection order or a property order, or both, and the application is not intended to be made by the applicant in person.]
I certify that— (a) (b) I have advised the applicant that every affidavit that accompanies this applica- tion 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 I have made reasonable enquiries of the applicant to establish whether the rele- vant circumstances have been disclosed, and to the best of my knowledge every affidavit filed in support of this application discloses all said circumstan- ces; and (c) I am satisfied— (i) (ii) that the application and every affidavit comply with the requirements of the Domestic Violence Act 1995 and the Family Courts Rules 2002; and that the order sought ought to be made (or that the orders sought are orders that ought to be made).
*Delete if inapplicable.

....................................... Lawyer for applicant .......................................

Date 382 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 5 *Certificate of lawyer for application for protection order [Note: Complete if applying for a protection order.]
I certify that I have advised the applicant that, if the court makes a protection order, the applicant may request the Registrar to authorise the provision of a safety pro- gramme to the applicant and to any other person protected by the order, including a child of the applicant’s family.

Date: Signature: (Lawyer for applicant) *Delete if inapplicable.
*Date of hearing [Note: The Registrar must complete the following appointment for a hearing— (a) (b) if the application is made on notice; or if, in the case of an application without notice, an appearance is necessary or required.]

I appoint [date] at [time] at the Family Court at [place] for the hearing of this applica- tion (or these applications).

*Delete if inapplicable.

....................................... Registrar .......................................
Date Notes Advice If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.

Safety programmes If, on your application for a protection order, the court makes either a temporary or final protection order, you may request the Registrar of the court to arrange for you to attend a safety programme.
383 Schedule 5 Family Court Rules 2002 Reprinted as at 14 July 2017 You may also request the Registrar to arrange for the children of your family, or any other person for whose benefit the court directs that the protection order applies, to attend a safety programme.

A request to attend a safety programme may be made at any time while the protection order remains in force.
What must be filed with this application The following must be filed with this application: (a) (b) affidavit in support (form DV 4): information sheet (form DV 4A).

You may request that your residential address be kept confidential (see rule 311 of the Family Courts Rules 2002).

You must also file an information for Police (form DV 6) if you are applying for a protection order.

It informs the Police about what, if any, access the respondent and associated respondent have to firearms and other weapons.
Application may be made on behalf of another person A person may be appointed by the court to make this application on behalf of another person (including a child).

See sections 9, 11, 12, and 73 of the Domestic Violence Act 1995.

Schedule 5 form DV 3: amended, on 1 October 2014, by rule 21(2) of the Family Courts Amendment Rules (No 5) 2014 (LI 2014/214).

Schedule 5 form DV 3: amended, on 1 October 2014, by rule 21(3) of the Family Courts Amendment Rules (No 5) 2014 (LI 2014/214).
Schedule 5 form DV 3: amended, on 1 October 2014, by rule 21(4) of the Family Courts Amendment Rules (No 5) 2014 (LI 2014/214).

Schedule 5 form DV 3: amended, on 1 October 2014, by rule 21(5) of the Family Courts Amendment Rules (No 5) 2014 (LI 2014/214).

Schedule 5 form DV 3: amended, on 1 October 2014, by rule 21(6) of the Family Courts Amendment Rules (No 5) 2014 (LI 2014/214).
384 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 5 Form DV 4 Affidavit in support of application for protection order/property orders r 309(1)(a) Domestic Violence Act 1995 (Front page—Form DV 1) I, [full name], of *[address], [occupation], swear (or affirm): 1 2 3 I am the applicant in these proceedings.

I am (or have been) in a domestic relationship with [full name], the respondent.
The nature of my domestic relationship with the respondent is as follows: [state sufficient facts to indicate the nature of the domestic relationship with the re- spondent (ie, whether a present or former spouse or partner, family or house- hold member, or a close personal relationship) and its duration (if applicable)].

*Facts in support of application for protection order [Note: Complete paragraphs 4 to 16 (where applicable) if applying for protection order.]
*Facts relating to respondent *4 The respondent has used domestic violence against me (or a child of my fami- ly) as follows: [state sufficient facts to indicate the nature and history of the domestic violence, including— (a) (b) an outline of the current situation or most recent incident: an outline of any behaviour that forms part of a pattern of behaviour from which protection is needed: (c) details of any contact with Police or visits to a doctor or hospital].
*5 The respondent— *(a) holds a firearms licence: *(b) possesses, or has under his (or her) control, weapons (as defined in the Domestic Violence Act 1995).

or *(5) The respondent does not— *(a) hold a firearms licence: *(b) possess, or have under his (or her) control, weapons (as defined in the Domestic Violence Act 1995).
or *(5) I do not know whether the respondent— *(a) holds a firearms licence: 385 Schedule 5 Family Court Rules 2002 Reprinted as at 14 July 2017 *(b) possesses, or has under his (or her) control, weapons (as defined in the Domestic Violence Act 1995).

[Note: The Domestic Violence Act 1995 defines a weapon as any firearm, airgun, pis- tol, restricted weapon, ammunition, or explosive, as those terms are defined in the Arms Act 1983.]
*Facts relating to special conditions [Note: Complete paragraph 6 if applying for special conditions.]
*6 The special conditions that I have requested be part of the protection order are necessary to protect me (or to protect [state the names of the persons who would be protected by the protection order sought]) from further domestic vio- lence for the following reasons: [state sufficient facts to show why the special conditions are necessary for the protection of the applicant or others who will be covered by the protection order].
*Facts relating to other person to be protected by protection order [Note: Complete paragraphs 7 to 12 if seeking a direction that the order protect an- other person.

The order will automatically protect children of the applicant’s family.]

*7 *8 *9 I have a domestic relationship with [full name of other person for whom protec- tion from domestic violence is sought].
The nature of my domestic relationship with [full name] is as follows: [state sufficient facts to indicate the nature of the domestic relationship (ie, whether a spouse or partner, a family or household member, or a close personal relation- ship)].
The respondent is engaging (or has engaged) in behaviour against [full name] that would amount to domestic violence against him (or her) if the respondent and he (or she) were in a domestic relationship as follows: [state sufficient facts to indicate the nature and history of the respondent’s behaviour towards the person].

*10 The respondent’s behaviour is due, in whole or in part, to my relationship with [full name]: [state sufficient facts to indicate the reasons for this belief].
It is necessary for the protection of [full name] that a direction be made that the protection order apply to him (or her): [state sufficient facts to indicate the rea- sons for this belief].

[Full name] consents to the direction being made: [attach written consent if available, or indicate reasons for believing that the person consents].

It is not practicable for [full name] to consent to the direction being made for the following reasons: [state why consent has not been obtained].
*11 *12 or *12 386 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 5 *Facts relating to associated respondent [Note: Complete paragraphs 13 to 15 if seeking a direction that the order apply to the associated respondent.]
*13 The respondent is encouraging (or has encouraged) [full name], the associated respondent, to engage in behaviour against me (or a child of my family or the person referred to in paragraph 7) that would amount to domestic violence if it were engaged in by the respondent: [state sufficient facts to indicate the way in which the respondent is encouraging or has encouraged the associated respon- dent’s behaviour].
*14 The associated respondent has engaged in the behaviour set out in paragraph 13 as follows: [state sufficient facts to indicate the nature and history of the asso- ciated respondent’s behaviour, including— (a) (b) an outline of the current situation or most recent incident: an outline of any behaviour that forms part of a pattern of behaviour from which protection is needed: (c) details of any contact with Police or visits to a doctor or hospital].
*15 The associated respondent— *(a) holds a firearms licence: *(b) possesses, or has under his (or her) control, weapons (as defined in the Domestic Violence Act 1995).

or *15 The associated respondent does not— *(a) hold a firearms licence: *(b) possess, or have under his (or her) control, weapons (as defined in the Domestic Violence Act 1995).
or *15 I do not know whether the associated respondent— *(a) holds a firearms licence: *(b) possesses, or has under his (or her) control, weapons (as defined in the Domestic Violence Act 1995).

[Note: The Domestic Violence Act 1995 defines a weapon as any firearm, airgun, pis- tol, restricted weapon, ammunition, or explosive, as those terms are defined in the Arms Act 1983.]
*Facts in support of application for protection order without notice [Note: Complete paragraph 16 if applying for a protection order without notice to the respondent.]
387 Schedule 5 Family Court Rules 2002 Reprinted as at 14 July 2017 *16 The application for a protection order is being made without notice to the re- spondent (*and associated respondent) because the delay that would be caused by proceeding on notice would or might entail— *(a) a risk of harm: *(b) undue hardship— to me (or a child of my family or both me and a child of my family) as follows: [state sufficient facts to indicate the reasons for these state- ments].
*Facts in support of application for occupation order [Note: Complete paragraphs 17 to 19 (where applicable) if applying for occupation order.]

*17 I own (or have a legal interest in) (or The respondent owns (or has a legal in- terest in)) the dwellinghouse at [full address].

[State nature of legal interest if the property is not owned by either party].
*18 The making of an occupation order is necessary for my protection (or in the best interests of a child (or children) of my family) for the following reasons: [state reasons for belief.

If seeking particular terms and conditions, indicate reasons for doing so].

*19 The following people have an interest in the dwellinghouse that would be affected by the making of an occupation order: [list names of people and their addresses, and state the nature of their interests].
*Facts in support of application for tenancy order [Note: Complete paragraphs 20 to 22 (where applicable) if applying for tenancy order.]

*20 The respondent is a sole tenant (or a tenant holding jointly, or in common, with me) of the dwellinghouse at [full address].

*21 The making of a tenancy order is necessary for my protection (or in the best interests of a child (or children) of my family) for the following reasons: [state reasons for belief].
*22 The following people have an interest in the dwellinghouse that would be affected by the making of a tenancy order: [list names of people and their ad- dresses, and state the nature of their interests].

*Facts in support of application for ancillary furniture order [Note: Complete paragraphs 23 to 25 (where applicable) if applying for ancillary fur- niture order.]
*23 I am applying for an occupation order (or a tenancy order) (or have a current occupation order (or tenancy order)) in respect of the dwellinghouse situated at [full address].

388 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 5 *24 The respondent and I have lived in the same dwellinghouse at the same time for [state period during which you and the respondent lived in same house at same time] and I am (or I will be) living in the dwellinghouse specified in para- graph 23.
[If not currently living in the dwellinghouse, give sufficient informa- tion to indicate intention to return.

If seeking particular terms or conditions, indicate the reasons for doing so.]

*25 The following people have an interest in the furniture, household appliances, and household effects that would be affected by the making of an ancillary fur- niture order: [list names of people and their addresses, and state the nature of their interests].
*Facts in support of application for furniture order [Note: Complete paragraphs 26 to 31 (where applicable) if applying for furniture order.]

*26 I am applying for (or have been granted) a protection order against the re- spondent.

*27 The respondent and I live in the same dwellinghouse at [full address] (or have lived in the same dwellinghouse at [full address] at the same time).

*28 I am not applying for (or did not apply for) an occupation order or a tenancy order in respect of that dwellinghouse.
*29 A child (or children) of my family is (or are) living (or has (or have) lived) in that dwellinghouse.

*30 The furniture, household appliances, and household effects in respect of which I am seeking a furniture order are reasonably required to equip another dwell- inghouse in which I am living (or will live) (or a child of my family lives (or will live) or both I and a child of my family are living (or will live)): [state sufficient facts to indicate the reasons for these statements.
If seeking particu- lar terms or conditions, indicate the reasons for doing so].

*31 The following people have an interest in the furniture, household appliances, and household effects that would be affected by the making of a furniture order: [list names of people and their addresses, and state the nature of their interests].

*Facts in support of application for property order without notice [Note: Complete paragraph 32 if applying for a property order without notice to the respondent.]
*32 The application for an occupation order (or a tenancy order or an ancillary fur- niture order or a furniture order) is made without notice to the respondent be- cause— *(a) the respondent has physically abused (or sexually abused) me (or a child of my family).

389 Schedule 5 Family Court Rules 2002 Reprinted as at 14 July 2017 *(b) the delay that would be caused by proceeding on notice would or might expose me (or a child of my family) to physical or sexual abuse.
[State sufficient facts to indicate the reasons for these statements.]

*Other facts in support of application [Set out sufficient information to inform the court of any other facts relied on in sup- port of each application.]

*Delete if inapplicable.


Sworn (or Affirmed) at [place], this [date], before me: ....................................... Signature of deponent ....................................... Registrar (or Solicitor of the High Court or Justice of the Peace) Rule 62(4) of the Family Courts Rules 2002 permits this form to be varied if the circumstances of a particular case require.

Material referred to in this affidavit may be attached as an exhibit, endorsed with the appropriate exhibit note.
It is not necessary to repeat the full name of a person referred to more than once in the affidavit if the identity of the person being referred to in a particular paragraph is clear.

If the facts that support particular applications have been referred to in earlier paragraphs, it is sufficient to refer back to those paragraphs by number rather than repeating the facts.

A separate affidavit by the person referred to in paragraph 7 and giving details of the respondent’s behaviour may be necessary.
Rules 310 and 311 of the Family Courts Rules 2002 permit the applicant to omit his or her residential address from this affidavit if he or she wants the ad- dress to be kept confidential from the respondent or the associated respondent.

Schedule 5 form DV 4: amended, on 26 April 2005, by section 8(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).
Notes 390 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 5 Form DV 4A Information sheet to accompany applications under the Domestic Violence Act 1995 (including application made without notice) rr 20(1)(b), 305 In the Family Court at [place] No: FAM— This information sheet accompanies applications for the following order(s): [list orders] Applicant’s full name: *Home address: *Work address: *Email address: *Contact telephone No: [home, work, mobile] *Preferred method of contact: *Emergency contact: [if applying for a protection order, give contact details of anoth- er person who can be contacted in an emergency] Date of birth: Age: Gender: Occupation: Ethnic origin (select from the following list): • • • • • • • • • New Zealand European Māori Samoan Cook Island Māori Tongan Niuean Chinese Indian Other: [specify] *Country of residence: Interpreter required: Yes/No Language: [specify] *The applicant may omit these items from copies to be served.
Full name of other party (or other applicant (in the case of a joint application)): 391 Schedule 5 Family Court Rules 2002 Reprinted as at 14 July 2017 Relationship to applicant: Home address: Work address: Contact phone No: [home, work, mobile] Date of birth: Age: Gender: Occupation: Ethnic origin (select from the following list): • • • • • • • • • New Zealand European Māori Samoan Cook Island Māori Tongan Niuean Chinese Indian Other: [specify] Country of residence: Interpreter required: Yes/No Language: [specify] Date of marriage or civil union: Place of marriage or civil union: Date by which de facto relationship had begun: Children affected by the application: Full name of each child Date of birth M/F Age Ethnic origin* Name of person with whom each child is living at time of application and relationship (if any) of that person to child Relationship of applicant to child Relationship of respondent to child New Zealand European Māori Samoan Cook Island Māori Tongan Niuean Chinese Indian Other: [specify] *Select ethnic origin from the following list: Previous applications: [give file number of any previous applications between the par- ties, and the court where they were filed] 392 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 5 Existing orders between the parties: [give details of any existing order between the parties, including the date the order was made, the court that made the order, and the court file number] Existing orders relating to any child: [give details of any existing order relating to any child affected by the application, including the date the order was made, the court that made the order, and the court file number] Previous attendance at a safety programme: [if you have previously attended a safety programme provided by a service provider and wish to attend a further programme with that provider, give the name of that service provider] Date stamp: The accompanying applications are filed by: Address for service: Schedule 5 form DV 4A: inserted, on 1 October 2014, by rule 22 of the Family Courts Amendment Rules (No 5) 2014 (LI 2014/214).
393 Schedule 5 Family Court Rules 2002 Reprinted as at 14 July 2017 Form DV 5 Notice of residential address and request for confidentiality r 311 Domestic Violence Act 1995 (Front page—Form DV 1) To the Registrar Family Court at [place] I, [full name], am applying for a protection order against [full name], the respondent.

My residential address is [address].


My contact telephone number(s) is (or are): ............................. [home] ............................. [work] I request that my residential address and telephone numbers be kept confidential from the respondent (*and the associated respondent).

*Delete if inapplicable.

I have provided an address for service on the information sheet accompanying the ap- plication.
....................................... Signature of applicant .......................................
Date 394 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 5 Form DV 6 Information for Police if application made for protection order Domestic Violence Act 1995 r 309(1)(b) Applicant Full name: ....................................................................................................................... *Residential address: ...................................................................................................... *Contact telephone number(s): ............................. *[home] ............................. *[work] *These details must not be disclosed to the respondent or associated respondent.
Respondent Full name: .......................................................................................................................

Residential address: ........................................................................................................
Occupation: ..................................................................................................................... Name and address of employer: ......................................................................................
Contact telephone number(s): ............................. [home] ............................. [work] Date of birth: ......... /......... /......... Age in years: ......... *Associated respondent Full name: .......................................................................................................................

Residential address: ........................................................................................................
Occupation: ..................................................................................................................... Name and address of employer: ......................................................................................

Contact telephone number(s): ............................. [home] ............................. [work] Date of birth: ......... /......... /......... Age in years: ......... Information about firearms licence and weapons [Note: Circle the appropriate answer.
Please see the note at the end of this form about what is a weapon.]

1 *2 3 Does the respondent have a firearms licence?

Does the associated respondent have a firearms licence?

Does the respondent have access to a weapon?


at home yes yes no no unknown unknown yes no unknown 395 Schedule 5 Family Court Rules 2002 Reprinted as at 14 July 2017 *4 at work (eg, sporting goods shop) through part-time work (eg, territorial soldier) through sporting interests (eg, gun club) through a relative or friend Does the associated respondent have access to a weapon?
at home at work (eg, sporting goods shop) through part-time work (eg, territorial soldier) through sporting interests (eg, gun club) through a relative or friend yes yes yes yes yes yes yes yes yes no no no no no no no no no unknown unknown unknown unknown unknown unknown unknown unknown unknown *Delete if inapplicable.

[Note: If you answered yes to any part of question 3 or question 4, please answer questions 5 to 8.

Circle unknown if you do not know the answer.]


5 6 7 8 How many weapons does the respondent (or the associated respondent) have access to?

.............................................................................................................. ............................................................................................................................... What types of weapons does the respondent (or the associated respondent) have access to?
..................................................................................................... ............................................................................................................................... Where are the weapons kept or stored?

[Please be as precise as possible.]


............................................................................................................................... ...............................................................................................................................
If the respondent (or the associated respondent) has access to a relative’s or friend’s weapons, please give the name and address of each of those people: ............................................................................................................................... ....................................... Signature of applicant .......................................
Date [Note: The Domestic Violence Act 1995 defines a weapon as any firearm, airgun, pis- tol, restricted weapon, ammunition, or explosive, as those terms are defined in the Arms Act 1983.]
396 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 5 Form DV 7 Application for appointment as representative Section 9 (or section 11 or section 12), Domestic Violence Act 1995 (Front page—Form DV 1) r 90D *Application to be appointed representative of child I, [full name], apply (*without notice) for an order appointing me as representative of [full name of child to be represented], the child, on the grounds that— (a) (b) the child is eligible to apply for a protection order: I am an adult, I am not under disability, and there is unlikely to be any conflict between my interests and the interests of the child.
Affidavit (or statement) in support [Note: You must— (a) file an affidavit containing sufficient particulars to show the grounds on which you claim to be entitled to the order sought, and sufficient information to in- form the court of the facts relied on in support of the application (including the age of the child and your relationship to the child); or (b) complete a statement in support as set out below.]
*Affidavit in support I rely on the content of the affidavit dated [date] filed in support of this application.

or *Statement in support I say: [set out sufficient particulars to show the grounds on which you claim to be en- titled to the order sought, and sufficient information to inform the court of the facts relied on in support of the application (including the age of the child and your rela- tionship to the child)].
*Application to be appointed representative of person lacking capacity I, [full name], apply (*without notice) for an order appointing me as representative of [full name of person to be represented], the specified person, on the grounds that— the specified person is eligible to apply for a protection order (or property order): the specified person lacks, wholly or partly, the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relat- ing to his (or her) personal care and welfare: (a) *(b) or 397 Schedule 5 Family Court Rules 2002 Reprinted as at 14 July 2017 *(b) the specified person has the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to his (or her) per- sonal care and welfare, but wholly lacks the capacity to communicate decisions in respect of those matters: (c) an application for a protection order (or property order) must be made, on the specified person’s behalf, by a representative because— *(i) no one has power, under an appointment made under the Protection of Personal and Property Rights Act 1988, to make the application on the specified person’s behalf: *(ii) although a person has power, under an appointment made under the Pro- tection of Personal and Property Rights Act 1988, to make the applica- tion on the specified person’s behalf, that person has refused or failed to do so: *(iii) the specified person is a minor who is not a child: (d) I am an adult, I am not under disability, and there is unlikely to be any conflict between my interests and the interests of the specified person.
Affidavit (or statement) in support [Note: You must— (a) file an affidavit containing sufficient particulars to show the grounds on which you claim to be entitled to the order sought, and sufficient information to in- form the court of the facts relied on in support of the application (including the reasons for believing that the specified person lacks capacity); or (b) complete a statement in support as set out below.]
*Affidavit in support I rely on the content of the affidavit dated [date] filed in support of this application.

or *Statement in support I say: [set out sufficient particulars to show the grounds on which you claim to be en- titled to the order sought, and sufficient information to inform the court of the facts relied on in support of the application (including the reasons for believing that the specified person lacks capacity)].
*Application to be appointed representative of person unable to make application personally I, [full name], apply without notice for an order appointing me as representative of [full name of person to be represented], the specified person, on the grounds that— (a) the specified person is eligible to apply for a protection order (or property order): (b) the specified person is unable to make the application personally: 398 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 5 (c) (d) it is desirable that the protection order (or the property order) be sought on an application without notice: reasonable steps have been taken to ascertain the wishes of the specified person in relation to this application, and those wishes have been ascertained (or but those wishes have not been able to be ascertained): *(e) the specified person— *(i) does not object to my appointment: (f) (g) *(ii) objects to my appointment, but that objection is not freely made: it is in the best interests of the specified person to make this appointment: I am an adult, I am not under disability, and there is unlikely to be any conflict between my interests and the interests of the specified person.
Affidavit (or statement) in support [Note: You must— (a) file an affidavit containing sufficient particulars to show the grounds on which you claim to be entitled to the order sought, and sufficient information to in- form the court of the facts relied on in support of the application (including the reasons for believing that the specified person is unable to make the applica- tion personally); or (b) complete a statement in support as set out below.]
*Affidavit in support I rely on the content of the affidavit dated [date] filed in support of this application.

or *Statement in support I say: [set out sufficient particulars to show the grounds on which you claim to be en- titled to the order sought, and sufficient information to inform the court of the facts relied on in support of the application (including the reasons for believing that the specified person is unable to make the application personally)].

*Delete if inapplicable.


To the Registrar Family Court at [place] ....................................... Signature of applicant .......................................

Date 399 Schedule 5 Family Court Rules 2002 Reprinted as at 14 July 2017 This application is filed by [full name], whose address for service is [address].

Date of hearing I appoint [date] at [time] at the Family Court at [place] for the hearing of this applica- tion.
....................................... Registrar .......................................

Date Notes Advice If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.

Schedule 5 form DV 7 heading: amended, on 1 March 2014, by rule 23 of the Family Courts Amend- ment Rules 2014 (LI 2014/3).
400 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 5 Form DV 8 Application for modification, discharge, or imposition of standard condition relating to weapons r 305 Section 22, Domestic Violence Act 1995 (Front page—Form DV 1) I, [full name], apply (*without notice) for a variation of the (*temporary) protection order made on [date] in favour of [full name of applicant for protection order] against [full name of respondent].
I apply for the court to vary the order (*, in so far as it relates to the associated re- spondent,) by— *(a) directing that the standard condition relating to weapons be a condition of the order without modification (or with the following modifications: [specify modi- fications sought]).

*(b) discharging the standard condition relating to weapons.

*(c) modifying the terms of the standard condition relating to weapons as follows: [specify modifications sought].
Affidavit (or statement) in support [Note: You must— (a) file an affidavit containing sufficient particulars to show the grounds on which you claim to be entitled to the order sought, and sufficient information to in- form the court of the facts relied on in support of the application; or (b) complete a statement in support as set out below.]

*Affidavit in support I rely on the content of the affidavit dated [date] filed in support of this application.
or *Statement in support I say: [set out sufficient particulars to show the grounds on which you claim to be en- titled to the order sought, and sufficient information to inform the court of the facts relied on in support of the application].

....................................... Signature of applicant .......................................
Date 401 Schedule 5 Family Court Rules 2002 Reprinted as at 14 July 2017 To the Registrar Family Court at [place] and To the protected person(s) (or the respondent) (or the associated respondent) This application is filed by [full name], whose address for service is [address].

*Date of hearing [Note: The Registrar must complete the following appointment for hearing if an ap- pearance is necessary or required.]

I appoint [date] at [time] at the Family Court at [place] for the hearing of this applica- tion.
*Delete if inapplicable.

....................................... Registrar .......................................

Date Notes Advice If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.
402 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 5 Form DV 9 Notice to respondent or associated respondent r 32(2)(b) Domestic Violence Act 1995 (Heading—Form DV 2) To ............................. ............................. .............................

Notification of application for order [Full name], the applicant, has filed an application in this court.

A copy of the application is attached.

The order (or orders) sought is (or are) speci- fied in the application.
The applicant’s address for service is [address].

Notice of defence If you wish to defend the application, you must file a notice of defence in this office of the court at least 5 clear days before the date of the hearing.

In some cases, an affi- davit must be filed with the notice of defence.

If you file a notice of defence, you must serve a copy of the notice of defence on the other party to the proceedings.

That copy may be delivered to the address for service given by the applicant.
You should note that if you do not file and serve a notice of defence and an affidavit (if required) at least 5 clear days before the date of the hearing you may not be able to defend the application.

On the day of the hearing of the application, should you ap- pear, the Judge may— (a) allow you to take part in the hearing of the application only on such terms as the Judge thinks fit; or (b) decline to allow you to take part.
You should also note that the Judge may make an order against you for costs properly incurred as a consequence of your failure to file and serve a notice of defence and an affidavit (if required) within time.
Address for service If you do not wish to defend the application but you do wish to know what is happen- ing, you should— (a) file in this office of the court a notice giving the address of a place in New Zea- land at which documents may be left for you; and 403 Schedule 5 Family Court Rules 2002 Reprinted as at 14 July 2017 (b) serve a copy of the notice on the other party to the proceedings.

That copy may be delivered to the address for service given by the applicant.
Assistance If you wish, a lawyer will prepare a notice of defence for you.

If you want a lawyer but think you cannot afford one, contact an office of the Family Court immediately.

You may also see an example of the form of the notice of defence at any office of the Family Court.

Copies of order You will get copies of any orders made against you.

However, any order will prob- ably be in force from the time it is made.
The fact that you have not got a copy of the order will not be an excuse for not obeying it.

Advice If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.

....................................... Registrar .......................................

Date Schedule 5 form DV 9: amended, on 3 August 2009, by rule 14(1) of the Family Courts Amendment Rules 2009 (SR 2009/185).
404 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 5 Form DV 10 Notice of defence (Front page—Form DV 1) r 314(1)(a) I, [full name], of [address], [occupation], the respondent (or associated respondent), give notice that I intend to defend the application for [specify the order(s)].
Affidavit (or statement) in support [If this notice is filed in respect of an application for a protection order or a property order, you must file with the notice an affidavit setting out sufficient particulars to in- dicate 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.

The affidavit should cover the matters set out below in relation to a statement in support.
If this notice relates to another kind of application, you must— (a) file 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.

The affidavit should cover the matters set out below in relation to a statement in support; or (b) complete a statement of support as set out below.]
*Affidavit in support I rely on the content of the affidavit dated [date] filed in support of this application.

or *Statement in support I say, in answer to the applicant,— 1 2 3 [state whether the facts given in the application are accepted or rejected and, if any facts are rejected, state reasons].

[set 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].
[set out any other facts relating to the application or the circumstances that have existed or are existing between the parties that the court should be told about].

*Delete if inapplicable.


....................................... Respondent (or Associated respondent) 405 Schedule 5 Family Court Rules 2002 Reprinted as at 14 July 2017 To the Registrar Family Court at [place] and To the applicant (or the respondent or the associated respondent) This notice is filed by [full name], whose address for service is [address].
406 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 5 Form DV 11 Notice of intention to appear Section 76, Domestic Violence Act 1995 (Front page—Form DV 1) r 315(2) I, [full name], of [address], [occupation], the respondent (or associated respondent), give notice that I wish to be heard on whether a final order should be substituted for the following temporary order(s) made on [date]: *protection order *occupation order *tenancy order *ancillary furniture order *furniture order *Delete if inapplicable.
Affidavit in support [Note: You must file an affidavit with this notice.

The affidavit must— (a) (b) (c) set out sufficient particulars to indicate the reasons for giving notice; and state whether the facts given in the affidavit in support of the application are accepted or rejected.

If any facts are rejected, state reasons; and set out any other facts relating to the application or to the circumstances that have existed or exist between the parties that the court should be told about.]
I rely on the content of the affidavit dated [date] filed in support of this notice.

To the Registrar Family Court at [place] and To the applicant (or the respondent or the associated respondent) ....................................... Respondent (or Associated respondent) .......................................

Date 407 Schedule 5 Family Court Rules 2002 Reprinted as at 14 July 2017 This notice is filed by [full name], whose address for service is [address].
Date of hearing I appoint [date] at [time] at the Family Court at [place] for the hearing.

....................................... Registrar .......................................
Date 408 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 5 Form DV 12 Affidavit of service r 305 I, [full name], of [address], [occupation], swear (or affirm): (Front page—Form DV 1) 1 or 1 2 *3 or *3 On [date] I served on [full name], the respondent (or the associated respond- ent), a copy of [specify document] annexed to this affidavit and marked with the letter A by delivering it to him (or her) personally at [address].
On [date] at [time], I served on [full name], the respondent (or the associated respondent), a copy of a temporary protection order (or final protection order) annexed to this affidavit and marked with the letter A by delivering it to the respondent (or the associated respondent) personally at [address].
At the same time, I served on the respondent (or the associated respondent) a copy of [specify document] annexed to this affidavit and marked with the letter B by delivering it to him (or her) personally at [address].

The respondent (or associated respondent) is personally known to me by rea- son of the following facts: [state facts establishing personal knowledge].
The respondent (or associated respondent) is not personally known to me, but I believe that the person I served was the respondent (or associated respondent) by reason of the following facts: [state facts on which the respondent relies].

*Delete if inapplicable.
Sworn (or Affirmed) at [place], this [date], before me: ....................................... Signature of deponent ....................................... Registrar (or Solicitor of the High Court or Justice of the Peace) 409 Schedule 5 Family Court Rules 2002 Form DV 13 Summons to appear as witness (or appear before court) Reprinted as at 14 July 2017 rr 305, 323(1) Section 82, Domestic Violence Act 1995 (Heading—Form DV 2) To [full name], of [address], [occupation] *Summons to appear as witness *An application has been made by [full name], the applicant, against [full name], the respondent, for the following order(s): [specify nature of order(s) sought].
or *On application by [full name], the applicant, against [full name], the respondent, the court has made the following temporary order: [specify order made].

*A hearing is to be held to decide— *(a) whether the order(s) sought should be made.

*(b) whether a final order should be substituted for the temporary order.

*(c) whether specified parts of the order made or sought should be part of a final order.

I believe that you are capable of giving evidence that may assist the court.
*Summons to appear before court *On [date], the court directed you to undertake an assessment and attend a non-vio- lence programme.

The service provider to whom you have been referred has notified the Registrar that you have failed to comply with that direction [set out nature of non-compliance].

You are summoned to appear (*as a witness) at the hearing at [time] on [date] at the Family Court at [place].

*Delete if inapplicable.


....................................... Judge (or Registrar) .......................................

Date 410 Reprinted as at 14 July 2017 Notes Failure to appear Family Court Rules 2002 Schedule 5 If (*, having been tendered or paid allowances and travelling expenses at the appro- priate rate,) you fail to attend, the court may issue a warrant to arrest you and bring you before the court.
If, without sufficient cause, you refuse or fail to attend, you may be prosecuted and fined.

*Delete if inapplicable.

Advice If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.

Schedule 5 form DV 13: amended, on 1 October 2014, by rule 23(2) of the Family Courts Amend- ment Rules (No 5) 2014 (LI 2014/214).
Schedule 5 form DV 13: amended, on 1 October 2014, by rule 23(3) of the Family Courts Amend- ment Rules (No 5) 2014 (LI 2014/214).

Schedule 5 form DV 13: amended, on 3 August 2009, by rule 14(2) of the Family Courts Amend- ment Rules 2009 (SR 2009/185).
411 Schedule 5 Family Court Rules 2002 Form DV 14 Temporary protection order Section 14, Domestic Violence Act 1995 (Heading—Form DV 2) Reprinted as at 14 July 2017 r 305 On application without notice, the court makes a temporary protection order against [full name], the respondent.
*Order to apply against other person(s) (or associated respondent(s)) *The court also directs that the order applies against the following person(s): [full name of each person in respect of whom the court makes a direction under sec- tion 17(1) of the Act].

Person(s) protected by the order This order protects the following person(s): [full name of applicant]: *[full name of each child of the applicant’s family].
*The court also directs that the order applies for the benefit of the following per- son(s): [full name of each person in respect of whom the court makes a direction under sec- tion 16(2) of the Act].

*Delete if inapplicable.
Conditions of order 1 Standard conditions prohibiting domestic violence and contact It is a condition of this order that— (a) the respondent, and any associated respondent, must not— (i) (ii) (iii) (iv) (v) physically or sexually abuse any protected person; or threaten to physically or sexually abuse any protected person; or damage, or threaten to damage, property of any protected person; or engage, or threaten to engage, in other behaviour, including intim- idation or harassment, that amounts to psychological abuse of any protected person; or encourage any person to engage in behaviour against any protec- ted person if that behaviour, if engaged in by the respondent or any associated respondent, would be prohibited by the order; and 412 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 5 (b) unless the protected person and the respondent or associated respondent are living in the same dwellinghouse with the express consent1 of the protected person (which may be withdrawn at any time), the respondent or associated respondent must not— (i) watch, loiter near, or prevent or hinder access to or from, any pro- tected person’s place of residence, business, employment, educa- tional institution, or any other place that any protected person visits often; or (ii) follow any protected person about, or stop or accost any protected person in any place; or (iii) without the protected person’s express consent,1 enter or remain on any land or building occupied by any protected person; or (iv) if any protected person is present on any land or building, enter or remain on that land or building in circumstances that constitute a trespass; or (v) make any other contact with any protected person (whether by tel- ephone, electronic message, correspondence, or otherwise), except contact— (A) (B) (C) (D) (E) that is reasonably necessary in any emergency; or that is permitted under any order or written agreement relat- ing to the role of providing day-to-day care for, or access to, or contact with, or custody of, any minor; or that is permitted under any special condition of this protec- tion order; or that is necessary for the purposes of attending a family group conference under the Oranga Tamariki Act 1989; or that is necessary for the purposes of attending a settlement conference convened under section 46Q of the Care of Children Act 2004.
1The court may specify, in a special condition of a protection order, a person who may consent or withdraw consent on a protected person’s behalf.
2 Standard conditions relating to weapons It is also a condition of this order that the respondent, and any associated re- spondent,— (a) must not possess, or have under his or her control, any weapon; and (b) must not hold a firearms licence; and 413 Schedule 5 Family Court Rules 2002 Reprinted as at 14 July 2017 (c) must,— (i) as soon as practicable after being served with a copy of this order, but in any case no later than 24 hours after that service; and (ii) on demand made, at any time, by any member of the Police,— surrender to a member of the Police— (iii) any weapon in his or her possession, or under his or her control, whether or not the weapon is lawfully in his or her possession or under his or her control; and (iv) any firearms licence held by him or her.
[Note: The Domestic Violence Act 1995 defines a weapon as any firearm, airgun, pis- tol, restricted weapon, ammunition, or explosive, as those terms are defined in the Arms Act 1983.]

*3 Special conditions The court also imposes the following special conditions: [set out any special conditions imposed].

Unless otherwise stated, these conditions last for the duration of this order.
*4 Attendance at assessment and non-violence programme The court directs [full name of respondent] to undertake an assessment and attend a non-violence programme.

The Registrar of the court will arrange for the respondent to be referred to a service provider, and the respondent must meet with the service provider so that the service provider may— (a) (b) undertake an assessment of the respondent; and determine whether there is an appropriate non-violence programme for the re- spondent to attend.
If there is an appropriate non-violence programme for the respondent to attend, the service provider of that programme will settle in writing with the respondent— (a) (b) the number of programme sessions the respondent must attend; and the place, date, and time of the first programme session, and all subsequent programme sessions, that the respondent must attend; and any other terms of attendance.

(c) *Delete if inapplicable.


....................................... Registrar .......................................

Date 414 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 5 *Direction that hearing be held The court directs that there be a hearing in relation to the whole of this order (or the following parts of this order: [specify parts]).

*Date of hearing I appoint [date] at [time] at the Family Court at [place] for this hearing.

*Delete if inapplicable.


*Review of contact arrangements Although no application has been made to it, the court, on its own initiative, has deci- ded to direct that there be a review of the arrangements for contact between the re- spondent and [full name of each child of the applicant’s family in respect of whom contact arrangements are to be reviewed].

Date of review I appoint [date] at [time] at the Family Court at [place] for this review.

*Omit if court does not direct that there be a review.
....................................... Registrar .......................................

Date Important information for respondent (or associated respondent) Effect of temporary protection order The applicant has made an application to the court for a protection order, and this order has been made without notice first being given to you.

A copy of the application and related papers— *(a) accompany this order.

*(b) will be served on you shortly.


*(c) may be obtained from the court that made the order ([specify place]).

This order is a temporary order.

*If you do nothing after being served, this order will automatically become a final order 3 months after the date on which it was made.

The final order will come into effect immediately.

If you wish to dispute this temporary protection order, you must notify the court as soon as possible.
*The court has directed that a hearing be held in relation to the whole of this order (or specified parts of this order).

This hearing will take place whether or not you wish to appear.

If you wish to dispute any part of the order, you must notify the court as soon as possible.
415 Schedule 5 Family Court Rules 2002 Reprinted as at 14 July 2017 If you do nothing, the court may make a final order in your absence (or the parts of the order in relation to which a hearing is not required will become final 3 months after the date on which this order was made, and the court may confirm the other parts of the order at the hearing).

*Delete if inapplicable.


Effect of standard condition relating to weapons The effect of this condition is that any firearms licence held by you is automatically suspended as soon as this order is made.

If the order becomes final, the licence is automatically revoked.

However, you may apply to the court to modify or discharge this condition (see below).
If you do not surrender to the Police all weapons in your possession or under your control, and your firearms licence, within 24 hours after being served with this order, or on demand made by a member of the Police, the Police may use their powers under the Arms Act 1983 to enter your property without warrant and search for and seize the weapons.

You may also be prosecuted for failing to comply with this order (see below).
*Objection to direction to attend assessment and non-violence programme The court has directed you to undertake an assessment and attend a non-violence pro- gramme.

You have 10 working days after you have been served with this order to notify the Family Court at [place] if you object to that direction.

If you do not make an objection within that period, and then fail without reasonable excuse to comply with the direction, you may be prosecuted.
(See Consequences of failing to comply with direction below.)

*Delete if inapplicable.

Prohibition on contact with protected person The effect of this order is to prohibit you from having contact with any protected per- son in any of the ways set out in the order.

This order may also contain special condi- tions relating to contact between you and a protected person.

You must read the terms of the order very carefully to find out what contact you may or may not have with any protected person.
If the protected person has expressly consented to living in the same dwellinghouse with you, the prohibition on contact and any special condition that is inconsistent with living in the same dwellinghouse are suspended.

The protected person may withdraw that consent at any time.

If that happens (and this order has not in the meantime been discharged or varied), you must comply with all the standard conditions and special conditions of the order.
Note that the special conditions of this order may specify who is entitled to consent (or withdraw consent) on behalf of a protected person.

416 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 5 If a child of the applicant’s family attains the age of 17 and continues to ordinarily or periodically reside with the applicant, then that adult child continues to be a protected person under this order.
If the applicant dies, this order continues to apply for the benefit of the other protec- ted persons until it lapses or is discharged.

In the case of a protected person who at the time of the applicant’s death was a child of the applicant’s family, the order con- tinues to apply to that person until he or she attains the age of 17, unless it sooner lapses or is discharged.
*Notification of safety concerns for protected persons If, following an assessment, or at any time during your attendance at a non-violence programme, a service provider has concerns about the safety of a protected person, the service provider must without delay notify the Registrar of the court about those concerns.

*Delete if inapplicable.


Modification or discharge of this order You (or any other party) may apply to the court at any time— (a) (b) (c) (d) for the modification or discharge of the standard condition relating to weapons.
(The court may make a change to this standard condition only if it is satisfied that the condition, or a term of the condition, is not needed to protect the per- sons for whose benefit this order applies from further domestic violence): for a variation or discharge of any special conditions of this order, or for the imposition of a new special condition: [Revoked] for this order to be discharged.
You or the applicant may apply to the Family Court for a variation or discharge of a direction to undertake an assessment and attend a non-violence programme, or for such a direction to be made.

Consequences of breach of this order You commit an offence if you breach the order by— (a) (b) doing an act in contravention of this order; or failing to comply with any condition in this order.
You have a defence to proceedings for this offence if you can prove that you had a reasonable excuse for breaching the order.

The maximum penalty for this offence is 3 years’ imprisonment.

If a constable has good cause to suspect that you have breached this order, you may be arrested without warrant.

Police bail is not available during the 24 hours immedi- ately following an arrest.

During that period, any bail application must be made to a Judge.
417 Schedule 5 Family Court Rules 2002 Reprinted as at 14 July 2017 *Consequences of failing to comply with direction You commit an offence if, without reasonable excuse, you fail on any occasion to comply with a direction to undertake an assessment and attend a non-violence pro- gramme.

The maximum penalty for this offence is 6 months’ imprisonment or a fine not ex- ceeding $5,000.

*Delete if inapplicable.

Advice If you need help, consult a lawyer or contact a Family Court office immediately.
Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.

Important information for protected persons Effect of temporary protection order This order has been made without notice first being given to the respondent.

This order is a temporary order.

*If the respondent or associated respondent does nothing after being served, this order will automatically become a final order 3 months after the date on which it was made and will come into effect immediately.
You will then be sent a copy of the final order.

The respondent or associated respondent may, however, give notice that he or she wishes to dispute this order.

In that case, a hearing will be held and you will be noti- fied of the hearing date.

*The court has directed that a hearing be held in relation to the whole of this order (or specified parts of this order).
You are entitled to appear or be represented at the hearing to present your case to sat- isfy the court that the order must be made final (or the parts of the order in relation to which the hearing is required must be part of the final order.

If the respondent does nothing, the parts of the order in relation to which a hearing is not required will be- come final 3 months after the date on which this order was made, and the court may confirm the other parts of the order at the hearing).
*Delete if inapplicable.

Respondent or associated respondent prohibited from contact with you The effect of this order is to prohibit the respondent or associated respondent from having contact with you in any of the ways set out in the order.

This order may also contain special conditions relating to contact between you and the respondent or asso- ciated respondent.
418 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 5 If you expressly consent to living in the same dwellinghouse with the respondent or associated respondent, the prohibition on contact and any special condition that is in- consistent with living in the same dwellinghouse are suspended.

You may withdraw that consent at any time.


If that happens (and this order has not in the meantime been discharged or varied), the respondent or associated respondent must comply with all the standard conditions and special conditions of the order.

Note that the special conditions of this order may specify who is entitled to consent (or withdraw consent) on behalf of a protected person.
Standard condition relating to weapons The effect of this condition is that any firearms licence held by the respondent or as- sociated respondent is automatically suspended as soon as this order is made.

If the order becomes final, the licence is automatically revoked.

However, this condition may be modified or discharged by the court (see below).

Attendance at safety programme If you have requested a referral to a safety programme, you will be contacted by a service provider in the near future.
If you wish to request a referral for yourself or for 1 or more children of your family or for any other persons protected by the protection order, you may do so by contact- ing the Registrar.

Modification or discharge of this order You (or any other party, including the respondent or associated respondent) may apply to the court at any time— (a) (b) (c) (d) for the modification or discharge of the standard condition relating to weapons.
(The court may make a change to this standard condition only if it is satisfied that the condition, or a term of the condition, is not needed to protect the per- sons for whose benefit this order applies from further domestic violence): for a variation or discharge of any special conditions of this order, or for the imposition of a new special condition: [Revoked] for this order to be discharged.
If you are the applicant, then either you or the respondent may apply to a Family Court at any time for the variation or discharge of a direction that the respondent undertake an assessment and attend a non-violence programme, or for such a direc- tion to be made.

If the respondent or associated respondent makes any of these applications, you will be notified and have an opportunity to dispute the application.
Consequences of breach of this order The respondent or associated respondent commits an offence if he or she— 419 Schedule 5 Family Court Rules 2002 Reprinted as at 14 July 2017 (a) (b) does any act in contravention of this order; or fails to comply with any condition in this order.

The respondent or associated respondent will have a defence to proceedings for this offence if it can be proved that he or she had a reasonable excuse for breaching the order.
The maximum penalty for this offence is 3 years’ imprisonment.

If a constable has good cause to suspect that the respondent or associated respondent has breached the order, the respondent or associated respondent may be arrested with- out warrant.

Police bail is not available during the 24 hours immediately following an arrest.

During that period, any bail application must be made to a Judge.
*Consequences of failing to comply with direction The respondent or associated respondent commits an offence if, without reasonable excuse, he or she fails on any occasion to comply with a direction to undertake an assessment and attend a non-violence programme.

The maximum penalty for this offence is 6 months’ imprisonment or a fine not ex- ceeding $5,000.

*Delete if inapplicable.

Advice If you need help, consult a lawyer or contact a Family Court office immediately.
Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.

Schedule 5 form DV 14: amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Schedule 5 form DV 14: amended, on 1 October 2014, by rule 24(2) of the Family Courts Amend- ment Rules (No 5) 2014 (LI 2014/214).
Schedule 5 form DV 14: amended, on 1 October 2014, by rule 24(3) of the Family Courts Amend- ment Rules (No 5) 2014 (LI 2014/214).

Schedule 5 form DV 14: amended, on 1 October 2014, by rule 24(4) of the Family Courts Amend- ment Rules (No 5) 2014 (LI 2014/214).

Schedule 5 form DV 14: amended, on 1 October 2014, by rule 24(5) of the Family Courts Amend- ment Rules (No 5) 2014 (LI 2014/214).
Schedule 5 form DV 14: amended, on 1 October 2014, by rule 24(6) of the Family Courts Amend- ment Rules (No 5) 2014 (LI 2014/214).

Schedule 5 form DV 14: amended, on 1 October 2014, by rule 24(7) of the Family Courts Amend- ment Rules (No 5) 2014 (LI 2014/214).

Schedule 5 form DV 14: amended, on 1 October 2014, by rule 24(8) of the Family Courts Amend- ment Rules (No 5) 2014 (LI 2014/214).
Schedule 5 form DV 14: amended, on 1 October 2014, by rule 24(9) of the Family Courts Amend- ment Rules (No 5) 2014 (LI 2014/214).

420 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 5 Schedule 5 form DV 14: amended, on 1 October 2014, by rule 24(10) of the Family Courts Amend- ment Rules (No 5) 2014 (LI 2014/214).

Schedule 5 form DV 14: amended, on 1 October 2014, by rule 24(11) of the Family Courts Amend- ment Rules (No 5) 2014 (LI 2014/214).
Schedule 5 form DV 14: amended, on 1 October 2014, by rule 24(12) of the Family Courts Amend- ment Rules (No 5) 2014 (LI 2014/214).

Schedule 5 form DV 14: amended, on 1 October 2014, by rule 24(13) of the Family Courts Amend- ment Rules (No 5) 2014 (LI 2014/214).

Schedule 5 form DV 14: amended, on 1 October 2014, by rule 24(14) of the Family Courts Amend- ment Rules (No 5) 2014 (LI 2014/214).
Schedule 5 form DV 14: amended, on 1 October 2014, by rule 24(15) of the Family Courts Amend- ment Rules (No 5) 2014 (LI 2014/214).

Schedule 5 form DV 14: amended, on 1 October 2014, by rule 24(16) of the Family Courts Amend- ment Rules (No 5) 2014 (LI 2014/214).

Schedule 5 form DV 14: amended, on 17 November 2011, by rule 11 of the Family Courts Amend- ment Rules 2011 (SR 2011/349).
Schedule 5 form DV 14: amended, on 28 October 2009, by section 10 of the Domestic Violence Amendment Act 2009 (2009 No 43).

Schedule 5 form DV 14: amended, on 1 July 2005, by rule 33(1) of the Family Courts Amendment Rules 2005 (SR 2005/101).
421 Schedule 5 Family Court Rules 2002 Form DV 14A Interim parenting order Section 28B, Domestic Violence Act 1995 (General heading—Form G 2) Reprinted as at 14 July 2017 r 305 The court orders that— (a) (b) the following person has/people have* the role of providing day-to-day care of the child(ren) listed below, during the times stated: [for each child specify the full name of the person having the role of providing day-to-day care of the child and, if more than 1 person has that role, specify the full name of each person and when each person has that role]: *Select one.
the following person has/people have* contact with the child(ren) listed below, during the times and in the ways stated: [for each child specify the full name of the person having contact with the child, when that person has contact, and how that contact is to occur (for example, face-to-face contact, letters, tele- phone, email, supervised by a person other than an approved provider).

If more than 1 person has contact with the child, specify this information for each per- son].

*Select one.
*Select one.

Effect of interim parenting order While exercising the role of providing day-to-day care for a child, you have exclusive responsibility for the child’s day-to-day living arrangements, subject to— • • any court order: any conditions stated below.

*Conditions The court imposes the following conditions: [specify any conditions to which the in- terim parenting order is subject that have been imposed by the court].

*Omit this paragraph if it does not apply.


Duration of interim parenting order Unless the court orders otherwise, this order continues in effect until the earliest of the following: [state specific date that is 1 year after the date the order was made]: until it is replaced by another order: until the child attains the age of 16 years.
• • • 422 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 5 Application to be made under Care of Children Act 2004 If under this order you have either the role of providing day-to-day care for a child, or contact with a child, you must as soon as possible make an application under the Care of Children Act 2004 for a parenting order.
However, you do not need to make an application if some other person has already made an application under the Care of Children Act 2004 in respect of the child and that application has not been determined.

Consequences of non-compliance You must comply with the conditions of this parenting order.

If you do not, another party may apply to the court to enforce the order.

The Family Court may choose from a variety of tools to remedy the non-compliance.
For example, you may be required to pay a bond to ensure you do not contravene the parenting order again, or to meet the reasonable costs incurred by the other party because of your contravention.

The court may admonish you, or vary the order, for example, by reducing the amount of time you have with the child.

The court takes non-compliance very seriously.


It is also an offence, without reasonable excuse and with the intention of preventing compliance with a parenting order, to contravene a parenting order.

The penalty for this offence is imprisonment for a term not exceeding 3 months or a fine not exceed- ing $2,500.

Schedule 5 form DV 14A: inserted, on 1 July 2014, by rule 35 of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).
423 Schedule 5 Family Court Rules 2002 Form DV 15 Protection order Reprinted as at 14 July 2017 r 305 Sections 14, 77, and 124N, Domestic Violence Act 1995 (Heading—Form DV 2) *On application, the court makes a protection order against [full name], the respond- ent.

*On application without notice, the court made a temporary protection order against [full name], the respondent, on [date], which order is now final in whole (or in part or with modifications or without modification).
*The temporary protection order made against [full name], the respondent, on [date] by the District Court after the court had been satisfied that the respondent had refused or failed to comply with a Police safety order, is now final in whole (or in part or with modifications or without modifications).
*Order to apply against other person(s) (or associated respondent(s)) *The court also directs that the order applies against the following person(s): [full name of each person in respect of whom the court makes a direction under sec- tion 17(1) of the Act].

Person(s) protected by the order This order protects the following person(s): [full name of applicant].

*[full name of each child of the applicant’s family].
*The court also directs that the order applies for the benefit of the following per- son(s): [full name of each person in respect of whom the court makes a direction under sec- tion 16(2) of the Act].
Conditions of order 1 Standard conditions prohibiting domestic violence and contact It is a condition of this order that— (a) the respondent, and any associated respondent, must not— (i) (ii) (iii) physically or sexually abuse any protected person; or threaten to physically or sexually abuse any protected person; or damage, or threaten to damage, property of any protected person; or 424 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 5 (iv) (v) engage, or threaten to engage, in other behaviour, including intim- idation or harassment, that amounts to psychological abuse of any protected person; or encourage any person to engage in behaviour against any protec- ted person if that behaviour, if engaged in by the respondent or any associated respondent, would be prohibited by the order; and (b) unless the protected person and the respondent or associated respondent are living in the same dwellinghouse with the express consent1 of the protected person (which may be withdrawn at any time), the respondent or associated respondent must not— (i) watch, loiter near, or prevent or hinder access to or from, any pro- tected person’s place of residence, business, employment, educa- tional institution, or any other place that any protected person visits often; or (ii) follow any protected person about, or stop or accost any protected person in any place; or (iii) without the protected person’s express consent,1 enter or remain on any land or building occupied by any protected person; or (iv) if any protected person is present on any land or building, enter or remain on that land or building in circumstances that constitute a trespass; or (v) make any other contact with any protected person (whether by tel- ephone, electronic message, correspondence, or otherwise), except contact— (A) (B) (C) (D) (E) that is reasonably necessary in any emergency; or that is permitted under any order or written agreement relat- ing to the role of providing day-to-day care for, or access to, or contact with, or custody of, any minor; or that is permitted under any special condition of this protec- tion order; or that is necessary for the purposes of attending a family group conference under the Oranga Tamariki Act 1989; or that is necessary for the purposes of attending a settlement conference convened under section 46Q of the Care of Children Act 2004.
1The court may specify, in a special condition of a protection order, a person who may consent or withdraw consent on a protected person’s behalf.
*2 Standard conditions relating to weapons It is also a condition of this order that the respondent, and any associated re- spondent,— 425 Schedule 5 Family Court Rules 2002 Reprinted as at 14 July 2017 (a) must not possess, or have under his or her control, any weapon; and (b) must not hold a firearms licence; and (c) must,— (i) as soon as practicable after being served with a copy of this order, but in any case no later than 24 hours after that service; and (ii) on demand made, at any time, by any member of the Police,— surrender to a member of the Police— (iii) any weapon in his or her possession, or under his or her control, whether or not the weapon is lawfully in his or her possession or under his or her control; and (iv) any firearms licence held by him or her.
[Note: The Domestic Violence Act 1995 defines a weapon as any firearm, airgun, pis- tol, restricted weapon, ammunition, or explosive, as those terms are defined in the Arms Act 1983.]
[Note: If the court has modified the terms of the standard condition relating to weapons, or directed that the standard condition relating to weapons is not a condi- tion of the order (whether absolutely or only in so far as the order relates to the re- spondent or associated respondent), set out the terms of the court’s decision.]

*3 Special conditions The court also imposes the following special conditions: [set out any special conditions imposed].
Unless otherwise stated, these conditions last for the duration of this order.

*4 Attendance at assessment and non-violence programme The court directs [full name of respondent] to undertake an assessment and attend a non-violence programme.
The Registrar of the court will arrange for the respondent to be referred to a service provider, and the respondent must meet with the service provider so that the service provider may— (a) (b) undertake an assessment of the respondent; and determine whether there is an appropriate non-violence programme for the re- spondent to attend.
If there is an appropriate non-violence programme for the respondent to attend, the service provider of that programme will settle in writing with the respondent— (a) (b) the number of programme sessions the respondent must attend; and the place, date, and time of the first programme session, and all subsequent programme sessions, that the respondent must attend; and (c) any other terms of attendance.

426 Reprinted as at 14 July 2017 *Delete if inapplicable.
Family Court Rules 2002 Schedule 5 ....................................... Registrar .......................................

Date Important information for respondent (or associated respondent) Effect of protection order This order is a final protection order that lasts indefinitely.

Certain conditions of this order may have a limited duration.

*Effect of standard condition relating to weapons *The effect of this condition is that any firearms licence held by you is automatically revoked.
*If you have not already done so, you must surrender to the Police all weapons in your possession or under your control, and your firearms licence, within 24 hours after being served with this order or on demand made by a member of the Police.

If you do not, the Police may use their powers under the Arms Act 1983 to enter your property without warrant and search for and seize the weapons.

You may also be prosecuted for failing to comply with this order (see below).
*This order may permit you to have in your possession, or under your control, a spe- cified weapon, or weapons of a specified class, either unconditionally or subject to certain conditions.

You may also be permitted to hold a firearms licence.

You are in breach of this order if you possess weapons, or have weapons under your control, other than as permitted by this order.
*Objection to direction to attend assessment and non-violence programme The court has directed you to undertake an assessment and attend a non-violence pro- gramme.

You have 10 working days after you have been served with this order to notify the Family Court at [place] if you object to that direction.

If you do not make an objection within that period, and then fail without reasonable excuse to comply with the direction, you may be prosecuted.
(See Consequences of failing to comply with direction below.)

*Delete if inapplicable.

Prohibition on contact with protected person The effect of this order is to prohibit you from having contact with any protected per- son in any of the ways set out in the order.

This order may also contain special condi- tions relating to contact between you and a protected person.
You should read the 427 Schedule 5 Family Court Rules 2002 Reprinted as at 14 July 2017 terms of the order very carefully to find out what contact you may or may not have with any protected person.

If the protected person has expressly consented to living in the same dwellinghouse with you, the prohibition on contact and any special condi- tion that is inconsistent with living in the same dwellinghouse are suspended.

The protected person may withdraw that consent at any time.
If that happens (and this order has not in the meantime been discharged or varied), you must comply with all the standard conditions and special conditions of the order.

Note that the special conditions of this order may specify who is entitled to consent (or withdraw consent) on behalf of a protected person.
If a child of the applicant’s family attains the age of 17 and continues to ordinarily or periodically reside with the applicant, then that adult child continues to be a protected person under this order.

If the applicant dies, this order continues to apply for the benefit of the other protec- ted persons until it lapses or is discharged.
In the case of a protected person who at the time of the applicant’s death was a child of the applicant’s family, the order con- tinues to apply to that person until he or she attains the age of 17, unless it sooner lapses or is discharged.
*Notification of safety concerns for protected persons If, following an assessment, or at any time during your attendance at a non-violence programme, a service provider has concerns about the safety of a protected person, the service provider must without delay notify the Registrar of the court about those concerns.

*Delete if inapplicable.


Modification or discharge of this order You (or any other party) may apply to the court at any time— (a) (b) (c) (d) for the modification or discharge of the standard condition relating to weapons.
(The court may make a change to this standard condition only if it is satisfied that the condition, or a term of the condition, is not needed to protect the per- sons for whose benefit this order applies from further domestic violence): for a variation or discharge of any special conditions of this order, or for the imposition of a new special condition: [Revoked] for this order to be discharged.
You or the applicant may apply to the Family Court for a variation or discharge of a direction to undertake an assessment and attend a non-violence programme, or for such a direction to be made.

Consequences of breach of this order You commit an offence if you breach the order by— 428 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 5 (a) (b) doing an act in contravention of this order; or failing to comply with any condition in this order.
You have a defence to proceedings for this offence if you can prove that you had a reasonable excuse for breaching the order.

The maximum penalty for this offence is 3 years’ imprisonment.

If a constable has good cause to suspect that you have breached this order, you may be arrested without warrant.

Police bail is not available during the 24 hours immedi- ately following an arrest.

During that period, any bail application must be made to a Judge.
*Consequences of failing to comply with direction You commit an offence if, without reasonable excuse, you fail on any occasion to comply with a direction to undertake an assessment and attend a non-violence pro- gramme.

The maximum penalty for this offence is 6 months’ imprisonment or a fine not ex- ceeding $5,000.

*Delete if inapplicable.

Advice If you need help, consult a lawyer or contact a Family Court office immediately.
Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.

Important information for protected persons Effect of protection order This order is a final protection order that lasts indefinitely.

Certain conditions of this order may have a limited duration.
Respondent or associated respondent prohibited from contact with you The effect of this order is to prohibit the respondent or associated respondent from having contact with you in any of the ways set out in the order.

This order may also contain special conditions relating to contact between you and the respondent or asso- ciated respondent.
If you expressly consent to living in the same dwellinghouse with the respondent or associated respondent, the prohibition on contact and any special condition that is in- consistent with living in the same dwellinghouse are suspended.

You may withdraw that consent at any time.

If that happens (and this order has not in the meantime been discharged or varied), the respondent or associated respondent must comply with all the standard conditions and special conditions of the order.
429 Schedule 5 Family Court Rules 2002 Reprinted as at 14 July 2017 Note that the special conditions of this order may specify who is entitled to consent (or withdraw consent) on behalf of a protected person.

Attendance at safety programme If you have requested a referral to a safety programme, you will be contacted by a service provider in the near future.
If you wish to request a referral for yourself or for 1 or more children of your family or for any other persons protected by the protection order, you may do so by contact- ing the Registrar.

Modification or discharge of this order You (or any other party, including the respondent or associated respondent) may apply to the court at any time— (a) (b) (c) (d) for the modification or discharge of the standard condition relating to weapons.
(The court may make a change to this standard condition only if it is satisfied that the condition, or a term of the condition, is not needed to protect the per- sons for whose benefit this order applies from further domestic violence): for a variation or discharge of any special conditions of this order, or for the imposition of a new special condition: [Revoked] for this order to be discharged.
If you are the applicant, then either you or the respondent may apply to a Family Court at any time for the variation or discharge of a direction that the respondent undertake an assessment and attend a non-violence programme, or for such a direc- tion to be made.

If the respondent or associated respondent makes any of these applications, you will be notified and have an opportunity to dispute the application.
Consequences of breach of this order The respondent or associated respondent commits an offence if he or she— (a) (b) does any act in contravention of this order; or fails to comply with any condition in this order.

The respondent or associated respondent will have a defence to proceedings for this offence if it can be proved that he or she had a reasonable excuse for breaching the order.

The maximum penalty for this offence is 3 years’ imprisonment.
If a constable has good cause to suspect that the respondent or associated respondent has breached the order, the respondent or associated respondent may be arrested with- out warrant.

Police bail is not available during the 24 hours immediately following an arrest.

During that period, any bail application must be made to a Judge.
430 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 5 *Consequences of failing to comply with direction The respondent or associated respondent commits an offence if, without reasonable excuse, he or she fails on any occasion to comply with a direction to undertake an assessment and attend a non-violence programme.

The maximum penalty for this offence is 6 months’ imprisonment or a fine not ex- ceeding $5,000.

*Delete if inapplicable.


Advice If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.

Schedule 5 form DV 15 heading: amended, on 1 July 2010, by rule 7(1) of the Family Courts Amendment Rules (No 2) 2010 (SR 2010/122).
Schedule 5 form DV 15: amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Schedule 5 form DV 15: amended, on 1 October 2014, by rule 25(2) of the Family Courts Amend- ment Rules (No 5) 2014 (LI 2014/214).

Schedule 5 form DV 15: amended, on 1 October 2014, by rule 25(3) of the Family Courts Amend- ment Rules (No 5) 2014 (LI 2014/214).
Schedule 5 form DV 15: amended, on 1 October 2014, by rule 25(4) of the Family Courts Amend- ment Rules (No 5) 2014 (LI 2014/214).

Schedule 5 form DV 15: amended, on 1 October 2014, by rule 25(5) of the Family Courts Amend- ment Rules (No 5) 2014 (LI 2014/214).

Schedule 5 form DV 15: amended, on 1 October 2014, by rule 25(6) of the Family Courts Amend- ment Rules (No 5) 2014 (LI 2014/214).
Schedule 5 form DV 15: amended, on 1 October 2014, by rule 25(7) of the Family Courts Amend- ment Rules (No 5) 2014 (LI 2014/214).

Schedule 5 form DV 15: amended, on 1 October 2014, by rule 25(8) of the Family Courts Amend- ment Rules (No 5) 2014 (LI 2014/214).

Schedule 5 form DV 15: amended, on 1 October 2014, by rule 25(9) of the Family Courts Amend- ment Rules (No 5) 2014 (LI 2014/214).
Schedule 5 form DV 15: amended, on 1 October 2014, by rule 25(10) of the Family Courts Amend- ment Rules (No 5) 2014 (LI 2014/214).

Schedule 5 form DV 15: amended, on 1 October 2014, by rule 25(11) of the Family Courts Amend- ment Rules (No 5) 2014 (LI 2014/214).

Schedule 5 form DV 15: amended, on 1 October 2014, by rule 25(12) of the Family Courts Amend- ment Rules (No 5) 2014 (LI 2014/214).
Schedule 5 form DV 15: amended, on 1 October 2014, by rule 25(13) of the Family Courts Amend- ment Rules (No 5) 2014 (LI 2014/214).

Schedule 5 form DV 15: amended, on 1 October 2014, by rule 25(14) of the Family Courts Amend- ment Rules (No 5) 2014 (LI 2014/214).

Schedule 5 form DV 15: amended, on 1 October 2014, by rule 25(15) of the Family Courts Amend- ment Rules (No 5) 2014 (LI 2014/214).
431 Schedule 5 Family Court Rules 2002 Reprinted as at 14 July 2017 Schedule 5 form DV 15: amended, on 1 October 2014, by rule 25(16) of the Family Courts Amend- ment Rules (No 5) 2014 (LI 2014/214).

Schedule 5 form DV 15: amended, on 17 November 2011, by rule 11 of the Family Courts Amend- ment Rules 2011 (SR 2011/349).

Schedule 5 form DV 15: amended, on 1 July 2010, by rule 7(2) of the Family Courts Amendment Rules (No 2) 2010 (SR 2010/122).
Schedule 5 form DV 15: amended, on 28 October 2009, by section 10 of the Domestic Violence Amendment Act 2009 (2009 No 43).

Schedule 5 form DV 15: amended, on 1 July 2005, by rule 33(2) of the Family Courts Amendment Rules 2005 (SR 2005/101).
432 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 5 Form DV 16 Temporary occupation order Section 53, Domestic Violence Act 1995 (Heading—Form DV 2) r 305 On application without notice, the court makes a temporary occupation order against [full name], the respondent.
The court orders that [full name], the applicant, be entitled, to the exclusion of the re- spondent, to personally occupy the dwellinghouse at [full address], together with any land, buildings, or improvements appurtenant to the dwellinghouse that are used, or ordinarily would be used, for the purposes of a household.

*The court directs that the applicant be entitled to occupy the dwellinghouse for the period from [date] to [date].
*The court also imposes the following terms and conditions relating to the occupation of the dwellinghouse: [set out any terms and conditions imposed].

*Delete if inapplicable.

....................................... Registrar .......................................

Date *Direction that hearing be held The court directs that there be a hearing in relation to the whole of this order (or the following parts of this order: [specify parts]).
*Date of hearing I appoint [date] at [time] at the Family Court at [place] for this hearing.

*Delete if inapplicable.

....................................... Registrar .......................................

Date 433 Schedule 5 Family Court Rules 2002 Reprinted as at 14 July 2017 Important information for respondent Effect of temporary occupation order The applicant has made an application to the court, and this order has been made without notice first being given to you.
A copy of the application and related papers— *(a) accompany this order.

*(b) will be served on you shortly.

*(c) may be obtained from the court that made the order (or from [specify place]).

This order is a temporary order.

*If you do nothing after being served, this order will automatically become a final order 3 months after the date on which it was made.

The final order will come into effect immediately.


If you wish to dispute this temporary occupation order, you must notify the court as soon as possible.

*The court has directed that a hearing be held in relation to the whole of this order (or specified parts of this order).

This hearing will take place whether or not you wish to appear.

If you wish to dispute any part of the order, you must notify the court as soon as possible.
If you do nothing, the court may make a final order in your absence (or the parts of the order in relation to which a hearing is not required will become final 3 months after the date on which this order was made, and the court may confirm the other parts of the order at the hearing).

*If another person who has an interest in the property and who has been given notice wishes to be heard, a hearing will be required even if you do not wish to be heard.

In that case, you will be notified of the hearing date.
*If this order is made while you and the applicant are living in the same dwelling- house, this order will expire— (a) (b) (c) on its discharge by the court (although the order may still become final, or be confirmed by the court, as set out above); or on the discharge of a temporary protection order made in conjunction with this order; or if no protection order has been made, and this order is not sooner discharged, 7 days after this order is made.

*Delete if inapplicable.


Variation or discharge of this order You (or any other party) may apply to the court at any time— to extend or reduce the period for which this order is in force; or to vary or discharge any terms and conditions imposed by the court; or to discharge this order.
(a) (b) (c) 434 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 5 Consequences of breach of this order If you breach this order by staying on the property, a warrant may be issued by a Dis- trict Court authorising a bailiff or constable to remove you from the property.

If you stay or go on to the property in breach of this order, you may also commit the offence of trespass.

That offence carries a maximum penalty of 3 months’ imprison- ment.
Advice If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.

Important information for applicant Effect of temporary occupation order This order has been made without notice first being given to the respondent.

This order is a temporary order.


*If the respondent does nothing after being served, this order will (subject to notice being given to other persons with an interest in the property) automatically become a final order 3 months after the date on which it was made and will come into effect immediately.

You will then be sent a copy of the final order.

*The respondent may, however, give notice that he or she wishes to dispute this order.
In that case, a hearing will be held, and you will be notified of the hearing date.

*The court has directed that a hearing be held in relation to the whole of this order (or specified parts of this order).

You are entitled to appear or be represented at the hearing to present your case to sat- isfy the court that the order should be made final (or the parts of the order in relation to which the hearing is required should be part of the final order.
If the respondent does nothing, then (subject to action being taken by another person with an interest in the property) the parts of the order in relation to which a hearing is not required will become final 3 months after the date on which this order was made, and the court may confirm the other parts of the order at the hearing).
*If another person who has an interest in the property and who has been given notice wishes to be heard, a hearing will be required, even if the respondent does not wish to be heard.

In that case, you will be notified of the hearing date.
*If this order is made while you and the respondent are living in the same dwelling- house, this order will expire— (a) on its discharge by the court (although the order may still become final, or be confirmed by the court, as set out above); or 435 Schedule 5 Family Court Rules 2002 Reprinted as at 14 July 2017 (b) (c) on the discharge of a temporary protection order made in conjunction with this order; or if no protection order has been made, and this order is not sooner discharged, 7 days after this order is made.
*Delete if inapplicable.

Variation or discharge of this order You (or any other party) may apply to the court at any time— (a) (b) (c) to extend or reduce the period for which this order is in force; or to vary or discharge any terms and conditions imposed by the court; or to discharge this order.
Consequences of breach of this order If the respondent breaches this order by staying on the property, a warrant may be issued by a District Court authorising a bailiff or constable to remove the respondent from the property.

If the respondent stays or goes on to the property in breach of this order, the respond- ent may also commit the offence of trespass.

That offence carries a maximum penalty of 3 months’ imprisonment.
Advice If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.

Schedule 5 form DV 16: amended, on 17 November 2011, by rule 11 of the Family Courts Amend- ment Rules 2011 (SR 2011/349).

Schedule 5 form DV 16: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
436 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 5 Form DV 17 Occupation order Section 53, Domestic Violence Act 1995 (Heading—Form DV 2) r 305 *On application, the court makes an occupation order against [full name], the re- spondent.

*On application without notice, the court made a temporary occupation order against [full name], the respondent, on [date], which order is now final in whole (or in part or with modifications or without modifications).
The court orders that [full name], the applicant, is entitled, to the exclusion of the re- spondent, to personally occupy the dwellinghouse at [full address], together with any land, buildings, or improvements appurtenant to the dwellinghouse that are used, or ordinarily would be used, for the purposes of a household.

*The court directs that the applicant is entitled to occupy the dwellinghouse for the period from [date] to [date].
*The court also imposes the following terms and conditions relating to the occupation of the dwellinghouse: [set out any terms and conditions imposed].

*Delete if inapplicable.

....................................... Registrar .......................................

Date Important information for respondent Effect of occupation order This order is a final occupation order that lasts for the period specified in the order or, if no period is specified, indefinitely.
Variation or discharge of this order You (or any other party) may apply to the court at any time— (a) (b) (c) to extend or reduce the period for which this order is in force; or to vary or discharge any terms and conditions imposed by the court; or to discharge this order.
437 Schedule 5 Family Court Rules 2002 Reprinted as at 14 July 2017 Consequences of breach of this order If you breach this order by staying on the property, a warrant may be issued by a Dis- trict Court authorising a bailiff or constable to remove you from the property.

If you stay or go on to the property in breach of this order, you may also commit the offence of trespass.

That offence carries a maximum penalty of 3 months’ imprison- ment.
Advice If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.

Important information for applicant Effect of occupation order This order is a final occupation order that lasts for the period specified in the order or, if no period is specified, indefinitely.
Variation or discharge of this order You (or any other party) may apply to the court at any time— (a) (b) (c) to extend or reduce the period for which this order is in force; or to vary or discharge any terms and conditions imposed by the court; or to discharge this order.

Consequences of breach of this order If the respondent breaches this order by staying on the property, a warrant may be issued by a District Court authorising a bailiff or constable to remove the respondent from the property.
If the respondent stays or goes on to the property in breach of this order, the respond- ent may also commit the offence of trespass.

That offence carries a maximum penalty of 3 months’ imprisonment.

Advice If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.
Schedule 5 form DV 17: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

438 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 5 Form DV 18 Temporary tenancy order Section 57, Domestic Violence Act 1995 (Heading—Form DV 2) r 305 On application without notice, the court makes a temporary tenancy order against [full name], the respondent.
The court orders— (a) that the tenancy of the dwellinghouse at [full address] be vested in [full name], the applicant, on and subject to the terms and conditions of the tenancy in force on [date on which order is made]; and (b) that the respondent cease to be a tenant.

....................................... Registrar .......................................

Date *Direction that hearing be held The court directs that there be a hearing in relation to this order.
*Date of hearing I appoint [date] at [time] at the Family Court at [place] for this hearing.

*Delete if inapplicable.

....................................... Registrar .......................................

Date Important information for respondent Effect of temporary tenancy order The applicant has made an application to the court, and this order has been made without notice first being given to you.

A copy of the application and related papers— *(a) accompany this order.
*(b) will be served on you shortly.

439 Schedule 5 Family Court Rules 2002 Reprinted as at 14 July 2017 *(c) may be obtained from the court that made the order (or [specify place]).

This order is a temporary order.

*If you do nothing after being served, this order will automatically become a final order 3 months after the date on which it was made.

The final order will come into effect immediately.

If you wish to dispute this temporary tenancy order, you must no- tify the court as soon as possible.
*The court has directed that a hearing be held in relation to this order.

This hearing will take place whether or not you wish to appear.

If you wish to dispute any part of the order, you must notify the court as soon as possible.

If you do nothing, the court may make a final order in your absence.

*If another person who has an interest in the property and who has been given notice wishes to be heard, a hearing will be required even if you do not wish to be heard.
In that case, you will be notified of the hearing date.
*If this order is made while you and the applicant are living in the same dwelling- house, this order will expire— (a) (b) (c) on its discharge by the court (although the order may still become final, or be substituted by a final order, as set out above); or on the discharge of a temporary protection order made in conjunction with this order; or if no protection order has been made, and this order is not sooner discharged, 7 days after this order is made.

*Delete if inapplicable.


Discharge of this order You (or any other party) may apply to the court at any time to discharge this order and revest the tenancy.

The court cannot vary the terms and conditions of the tenancy it- self.

Consequences of breach of this order If you breach this order by staying on the property, a warrant may be issued by a Dis- trict Court authorising a bailiff or constable to remove you from the property.
If you stay or go on to the property in breach of this order, you may also commit the offence of trespass.

That offence carries a maximum penalty of 3 months’ imprison- ment.

Advice If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.
440 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 5 Important information for applicant Effect of temporary tenancy order This order has been made without notice first being given to the respondent.

This order is a temporary order.


*If the respondent does nothing after being served, this order will (subject to notice being given to other persons with an interest in the property) automatically become a final order 3 months after the date on which it was made and will come into effect immediately.

You will then be sent a copy of the final order.

The respondent may, however, give notice that he or she wishes to dispute this order.
In that case, a hearing will be held, and you will be notified of the hearing date.

*The court has directed that a hearing be held in relation to this order.

You are entitled to appear or be represented at the hearing to present your case to sat- isfy the court that the order must be made final.

*If another person who has an interest in the property and who has been given notice wishes to be heard, a hearing will be required even if the respondent does not wish to be heard.
In that case, you will be notified of the hearing date.
*If this order is made while you and the respondent are living in the same dwelling- house, this order will expire— (a) (b) (c) on its discharge by the court (although the order may still become final, or be substituted by a final order, as set out above); or on the discharge of a temporary protection order made in conjunction with this order; or if no protection order has been made, and this order is not sooner discharged, 7 days after this order is made.

*Delete if inapplicable.


Discharge of this order You (or any other party) may apply to the court at any time to discharge this order and revest the tenancy.

The court cannot vary the terms and conditions of the tenancy it- self.

Consequences of breach of this order If the respondent breaches this order by staying on the property, a warrant may be issued by a District Court authorising a bailiff or constable to remove the respondent from the property.
If the respondent stays or goes on to the property in breach of this order, the respond- ent may also commit the offence of trespass.

That offence carries a maximum penalty of 3 months’ imprisonment.

441 Schedule 5 Advice Family Court Rules 2002 Reprinted as at 14 July 2017 If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.
Schedule 5 form DV 18: amended, on 17 November 2011, by rule 11 of the Family Courts Amend- ment Rules 2011 (SR 2011/349).

Schedule 5 form DV 18: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

442 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 5 Form DV 19 Tenancy order Section 57, Domestic Violence Act 1995 (Heading—Form DV 2) r 305 *On application, the court makes a tenancy order against [full name], the respondent.
*On application without notice, the court made a temporary tenancy order against [full name], the respondent, on [date], which order is now final.

*Delete if inapplicable.

The court orders— (a) that the tenancy of the dwellinghouse at [full address] be vested in [full name], the applicant, on and subject to the terms and conditions of the tenancy in force on [date on which order is made]; and (b) that the respondent cease to be a tenant.
....................................... Registrar .......................................

Date Important information for respondent Effect of tenancy order This order is a final tenancy order that lasts indefinitely.

The applicant becomes the tenant of the dwellinghouse to which this order relates, subject to the terms and con- ditions of the tenancy in force at the time this order is made.

You cease to be a tenant.


Discharge of this order You (or any other party) may apply to the court at any time to discharge this order and revest the tenancy.

The court cannot vary the terms and conditions of the tenancy it- self.

Consequences of breach of this order If you breach this order by staying on the property, a warrant may be issued by a Dis- trict Court authorising a bailiff or constable to remove you from the property.
If you stay or go on to the property in breach of this order, you may also commit the offence of trespass.

That offence carries a maximum penalty of 3 months’ imprison- ment.

443 Schedule 5 Advice Family Court Rules 2002 Reprinted as at 14 July 2017 If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.
Important information for applicant Effect of tenancy order This order is a final tenancy order that lasts indefinitely.

You become the tenant of the dwellinghouse to which this order relates, subject to the terms and conditions of the tenancy in force at the time this order is made.

The respondent ceases to be a tenant.

Discharge of this order You (or any other party) may apply to the court at any time to discharge this order and revest the tenancy.
The court cannot vary the terms and conditions of the tenancy it- self.

Consequences of breach of this order If the respondent breaches this order by staying on the property, a warrant may be issued by a District Court authorising a bailiff or constable to remove the respondent from the property.

If the respondent stays or goes on to the property in breach of this order, the respond- ent may also commit the offence of trespass.

That offence carries a maximum penalty of 3 months’ imprisonment.
Advice If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.

Schedule 5 form DV 19: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
444 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 5 Form DV 20 Temporary ancillary furniture order Section 63, Domestic Violence Act 1995 (Heading—Form DV 2) r 305 Having made— *(a) an occupation order: *(b) a tenancy order— on [date] in favour of [full name], the applicant, against [full name], the respondent, the court, on application without notice, makes a temporary ancillary furniture order.
The court orders that the applicant be entitled, to the exclusion of the respondent, to the possession of— *(a) *(b) all the furniture, household appliances, and household effects in the dwelling- house to which the occupation order (or tenancy order) relates, which is situ- ated at [full address].

the following furniture, household appliances, and household effects in the dwellinghouse to which the occupation order (or tenancy order) relates, which is situated at [full address]: [specify the items.
It is not necessary to specify every item as long as the items to which the order relates are readily ascertain- able from the terms of this order].

*The court directs that this order continue in force for [specify duration if order made for specific period].

*The court also imposes the following terms and conditions relating to the furniture, household appliances, and household effects to which this order relates: [set out any terms and conditions imposed].

*Delete if inapplicable.


....................................... Registrar .......................................

Date *Direction that hearing be held The court directs that there be a hearing in relation to the whole of this order (or the following parts of this order: [specify parts]).

*Date of hearing I appoint [date] at [time] at the Family Court at [place] for this hearing.

445 Schedule 5 Family Court Rules 2002 Reprinted as at 14 July 2017 *Delete if inapplicable.
....................................... Registrar .......................................

Date Important information for respondent Effect of temporary ancillary furniture order The applicant has made an application to the court, and this order has been made without notice first being given to you.

A copy of the application and related papers— *(a) accompany this order.

*(b) will be served on you shortly.

*(c) may be obtained from the court that made the order (or from [specify place]).
This order is a temporary order.

*If you do nothing after being served, this order will automatically become a final order 3 months after the date on which it was made.

The final order will come into effect immediately.

If you wish to dispute this temporary ancillary furniture order, you must notify the court as soon as possible.

*The court has directed that a hearing be held in relation to the whole of this order (or specified parts of this order).
This hearing will take place whether or not you wish to appear.

If you wish to dispute any part of the order, you must notify the court as soon as possible.

If you do nothing, the court may make a final order in your absence (or the parts of the order in relation to which a hearing is not required will become final 3 months after the date on which this order was made, and the court may confirm the other parts of the order at the hearing).
*If another person who has an interest in the property and who has been given notice wishes to be heard, a hearing will be required even if you do not wish to be heard.

In that case, you will be notified of the hearing date.

*Delete if inapplicable.

Duration of order This order continues in force for— *(a) 6 months from the date on which it is made.

*(b) [as directed by the court].

This order expires if the occupation order (or tenancy order) to which this order re- lates expires or is discharged.
446 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 5 *If this order is made while you and the applicant are living in the same dwelling- house, this order will expire— (a) on its discharge by the court (although the order may still become final, or be confirmed by the court, as set out above); or (b) on the discharge of the occupation order (or tenancy order) to which this order relates.

*Delete if inapplicable.


Variation or discharge of this order You (or any other party) may apply to the court at any time— (a) (b) (c) (d) to extend or reduce any period specified by the court as the period for which this order is in force; or to vary the furniture, household appliances, and household effects to which this order relates; or to vary or discharge any terms and conditions imposed by the court; or to discharge this order.
Consequences of breach of this order This order may be enforced as if it were an order of the court for delivery of chattels made in the applicant’s favour.

The court may make further orders to ensure compli- ance with this order.

Advice If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.
Important information for applicant Effect of temporary ancillary furniture order This order has been made without notice first being given to the respondent.

This order is a temporary order.

*If the respondent does nothing after being served, this order will (subject to notice being given to other persons with an interest in the property) automatically become a final order 3 months after the date on which it was made and will come into effect immediately.

You will then be sent a copy of the final order.


The respondent may, however, give notice that he or she wishes to dispute this order.

In that case, a hearing will be held, and you will be notified of the hearing date.

*The court has directed that a hearing be held in relation to the whole of this order (or specified parts of this order).
447 Schedule 5 Family Court Rules 2002 Reprinted as at 14 July 2017 You are entitled to appear or be represented at the hearing to present your case to sat- isfy the court that the order must be made final (or the parts of the order in relation to which the hearing is required must be part of the final order.
If the respondent does nothing, then (subject to action being taken by another person with an interest in the property) the parts of the order in relation to which a hearing is not required will be- come final 3 months after the date on which this order was made, and the court may confirm the other parts of the order at the hearing).
*If another person who has an interest in the property and who has been given notice wishes to be heard, a hearing will be required even if the respondent does not wish to be heard.

In that case, you will be notified of the hearing date.

*Delete if inapplicable.

Duration of order This order continues in force for— *(a) 6 months from the date on which it is made.

*(b) [as directed by the court].


This order expires if the occupation order (or tenancy order) to which this order re- lates expires or is discharged.

*If this order is made while you and the respondent are living in the same dwelling- house, this order will expire— (a) (b) on its discharge by the court (although the order may still become final, or be confirmed by the court, as set out above); or on the discharge of the occupation order (or tenancy order) to which this order relates.
*Delete if inapplicable.

Variation or discharge of this order You (or any other party) may apply to the court at any time— (a) (b) (c) (d) to extend or reduce any period specified by the court as the period for which this order is in force; or to vary the furniture, household appliances, and household effects to which this order relates; or to vary or discharge any terms and conditions imposed by the court; or to discharge this order.
Consequences of breach of this order This order may be enforced as if it were an order of the court for delivery of chattels made in your favour.

The court may make further orders to ensure compliance with this order.

448 Reprinted as at 14 July 2017 Advice Family Court Rules 2002 Schedule 5 If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.
Schedule 5 form DV 20: amended, on 17 November 2011, by rule 11 of the Family Courts Amend- ment Rules 2011 (SR 2011/349).

449 Schedule 5 Family Court Rules 2002 Form DV 21 Ancillary furniture order Section 63, Domestic Violence Act 1995 (Heading—Form DV 2) Reprinted as at 14 July 2017 r 305 *Having made— *(a) an occupation order: *(b) a tenancy order— on [date] in favour of [full name], the applicant, against [full name], the respondent, the court, on application, makes an ancillary furniture order.
*On application without notice, the court made a temporary ancillary furniture order in favour of [full name], the applicant, against [full name], the respondent, on [date], which order is now final in whole (or in part or with modifications or without modifi- cation).
The court orders that the applicant be entitled, to the exclusion of the respondent, to the possession of— *(a) *(b) all the furniture, household appliances, and household effects in the dwelling- house to which the occupation order (or tenancy order) relates, which is situ- ated at [full address] (or the dwellinghouse situated at [full address]).
the following furniture, household appliances, and household effects in the dwellinghouse to which the occupation order (or tenancy order) relates, which is situated at [full address] (or the dwellinghouse situated at [full address]): [specify the items.

It is not necessary to specify every item as long as the items to which the order relates are readily ascertainable from the terms of this order].
*The court directs that this order continue in force for [specify duration if order made for specific period].

*The court also imposes the following terms and conditions relating to the furniture, household appliances, and household effects to which this order relates: [set out any terms and conditions imposed].

*Delete if inapplicable.

....................................... Registrar .......................................
Date 450 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 5 Important information for respondent Effect of ancillary furniture order This is a final order that gives the applicant possession of the furniture, household ap- pliances, and household effects to which it relates.

While this order remains in force, you are not entitled to possession of these items.

Duration of order This order continues in force for— *(a) 6 months from the date on which it is made.

*(b) [as directed by the court].


This order expires if the occupation order (or tenancy order) to which this order re- lates expires or is discharged.

*Delete if inapplicable.


Variation or discharge of this order You (or any other party) may apply to the court at any time— (a) (b) (c) (d) to extend or reduce any period specified by the court as the period for which this order is in force; or to vary the furniture, household appliances, and household effects to which this order relates; or to vary or discharge any terms and conditions imposed by the court; or to discharge this order.
Consequences of breach of this order This order may be enforced as if it were an order of the court for delivery of chattels made in the applicant’s favour.

The court may make further orders to ensure compli- ance with this order.

Advice If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.
Important information for applicant Effect of ancillary furniture order This is a final order that gives you possession of the furniture, household appliances, and household effects to which it relates.

While this order remains in force, the re- spondent is not entitled to possession of these items.

451 Schedule 5 Family Court Rules 2002 Reprinted as at 14 July 2017 Duration of order This order continues in force for— *(a) 6 months from the date on which it is made.

*(b) [as directed by the court].


This order expires if the occupation order (or tenancy order) to which this order re- lates expires or is discharged.

*Delete if inapplicable.


Variation or discharge of this order You (or any other party) may apply to the court at any time— (a) (b) (c) (d) to extend or reduce any period specified by the court as the period for which this order is in force; or to vary the furniture, household appliances, and household effects to which this order relates; or to vary or discharge any terms and conditions imposed by the court; or to discharge this order.
Consequences of breach of this order This order may be enforced as if it were an order of the court for delivery of chattels made in your favour.

The court may make further orders to ensure compliance with this order.

Advice If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.
452 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 5 Form DV 22 Temporary furniture order Section 67, Domestic Violence Act 1995 (Heading—Form DV 2) r 305 Having made a protection order on [date] in favour of [full name], the applicant, against [full name], the respondent, the court, on application without notice, makes a temporary furniture order.
The court orders that the applicant be entitled, to the exclusion of the respondent, to the possession of— *(a) *(b) all the furniture, household appliances, and household effects in the dwelling- house situated at [full address].

the following furniture, household appliances, and household effects in the dwellinghouse situated at [full address]: [specify the items.
It is not necessary to specify every item as long as the items to which the order relates are readily ascertainable from the terms of this order].

*The court directs that this order continue in force for [specify duration if order made for specific period].

*The court also imposes the following terms and conditions relating to the furniture, household appliances, and household effects to which this order relates: [set out any terms and conditions imposed].
....................................... Registrar .......................................

Date *Direction that hearing be held The court directs that there be a hearing in relation to the whole of this order (or the following parts of this order: [specify parts]).

*Date of hearing I appoint [date] at [time] at the Family Court at [place] for this hearing.

*Delete if inapplicable.


453 Schedule 5 Family Court Rules 2002 Reprinted as at 14 July 2017 ....................................... Registrar .......................................

Date Important information for respondent Effect of temporary furniture order The applicant has made an application to the court, and this order has been made without notice first being given to you.

A copy of the application and related papers— *(a) accompany this order.

*(b) will be served on you shortly.


*(c) may be obtained from the court that made the order (or [specify place]).

This order is a temporary order.

*If you do nothing after being served, this order will automatically become a final order 3 months after the date on which it was made.

The final order will come into effect immediately.

If you wish to dispute this temporary furniture order, you must notify the court as soon as possible.
*The court has directed that a hearing be held in relation to the whole of this order (or specified parts of this order).

This hearing will take place whether or not you wish to appear.

If you wish to dispute any part of the order, you must notify the court as soon as possible.
If you do nothing, the court may make a final order in your absence (or the parts of the order in relation to which a hearing is not required will become final 3 months after the date on which this order was made, and the court may confirm the other parts of the order at the hearing).

*If another person who has an interest in the property and who has been given notice wishes to be heard, a hearing will be required even if you do not wish to be heard.

In that case, you will be notified of the hearing date.
*Delete if inapplicable.

Duration of order This order continues in force for— *(a) 6 months from the date on which it is made.

*(b) [as directed by the court].

This order expires if the protection order to which this order relates expires or is dis- charged.
*If this order is made while you and the applicant are living in the same dwelling- house, this order will expire— 454 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 5 (a) on its discharge by the court (although the order may still become final, or be confirmed by the court, as set out above); or (b) on the discharge of the protection order to which this order relates.

*Delete if inapplicable.


Variation or discharge of this order You (or any other party) may apply to the court at any time— (a) (b) (c) (d) to extend or reduce any period specified by the court as the period for which this order is in force; or to vary the furniture, household appliances, and household effects to which this order relates; or to vary or discharge any terms and conditions imposed by the court; or to discharge this order.
Consequences of breach of this order This order may be enforced as if it were an order of the court for delivery of chattels made in the applicant’s favour.

The court may make further orders to ensure compli- ance with this order.

Advice If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.
Important information for applicant Effect of temporary furniture order This order has been made without notice first being given to the respondent.

This order is a temporary order.

(*If the respondent does nothing after being served, this order will (subject to notice being given to other persons with an interest in the property) automatically become a final order 3 months after the date on which it was made and will come into effect immediately.

You will then be sent a copy of the final order.


The respondent may, however, give notice that he or she wishes to dispute this order.

In that case, a hearing will be held, and you will be notified of the hearing date.)

*The court has directed that a hearing be held in relation to the whole of this order (or specified parts of this order).
You are entitled to appear on or be represented at the hearing to present your case to satisfy the court that the order should be made final (or the parts of the order in rela- tion to which the hearing is required should be part of the final order.
If the respond- 455 Schedule 5 Family Court Rules 2002 Reprinted as at 14 July 2017 ent does nothing, then (subject to action being taken by another person with an inter- est in the property) the parts of the order in relation to which a hearing is not required will become final 3 months after the date on which this order was made, and the court may confirm the other parts of the order at the hearing).
*If another person who has an interest in the property and who has been given notice wishes to be heard, a hearing will be required, even if the respondent does not wish to be heard.

In that case, you will be notified of the hearing date.

Duration of order This order continues in force for— *(a) 6 months from the date on which it is made; or *(b) [as directed by the court].

This order expires if the protection order to which this order relates expires or is dis- charged.
*If this order is made while you and the respondent are living in the same dwelling- house, this order will expire— (a) on its discharge by the court (although the order may still become final, or be confirmed by the court, as set out above); or (b) on the discharge of the protection order to which this order relates.

*Delete if inapplicable.


Variation or discharge of this order You (or any other party) may apply to the court at any time— (a) (b) (c) (d) to extend or reduce any period specified by the court as the period for which this order is in force; or to vary the furniture, household appliances, and household effects to which this order relates; or to vary or discharge any terms and conditions imposed by the court; or to discharge this order.
Consequences of breach of this order This order may be enforced as if it were an order of the court for delivery of chattels made in your favour.

The court may make further orders to ensure compliance with this order.

Advice If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.
456 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 5 Schedule 5 form DV 22: amended, on 17 November 2011, by rule 11 of the Family Courts Amend- ment Rules 2011 (SR 2011/349).

Schedule 5 form DV 22: amended, on 27 May 2010, by rule 12 of the Family Courts Amendment Rules 2010 (SR 2010/97).
457 Schedule 5 Family Court Rules 2002 Form DV 23 Furniture order Section 67, Domestic Violence Act 1995 (Heading—Form DV 2) Reprinted as at 14 July 2017 r 305 *Having made a protection order on [date] in favour of [full name], the applicant, against [full name], the respondent, the court, on application, makes a furniture order.
*On application without notice, the court made a temporary furniture order in favour of [full name], the applicant, against [full name], the respondent, on [date], which order is now final in whole (or in part or with modifications or without modification).

The court orders that the applicant be entitled, to the exclusion of the respondent, to the possession of— *(a) *(b) all the furniture, household appliances, and household effects in the dwelling- house situated at [full address].
the following furniture, household appliances, and household effects in the dwellinghouse situated at [full address]: [specify the items.

It is not necessary to specify every item as long as the items to which the order relates are readily ascertainable from the terms of this order].

*The court directs that this order continue in force for [specify duration if order made for specific period].
*The court also imposes the following terms and conditions relating to the furniture, household appliances, and household effects to which this order relates: [set out any terms and conditions imposed].

*Delete if inapplicable.

....................................... Registrar .......................................
Date Important information for respondent Effect of furniture order This is a final order that gives the applicant possession of the furniture, household ap- pliances, and household effects to which it relates.

While this order remains in force, you are not entitled to possession of these items.

Duration of order This order continues in force for— *(a) 6 months from the date on which it is made.

458 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 5 *(b) [as directed by the court].
This order expires if the protection order to which this order relates expires or is dis- charged.

*Delete if inapplicable.


Variation or discharge of this order You (or any other party) may apply to the court at any time— (a) (b) (c) (d) to extend or reduce any period specified by the court as the period for which this order is in force; or to vary the furniture, household appliances, and household effects to which this order relates; or to vary or discharge any terms and conditions imposed by the court; or to discharge this order.
Consequences of breach of this order This order may be enforced as if it were an order of the court for delivery of chattels made in the applicant’s favour.

The court may make further orders to ensure compli- ance with this order.

Advice If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.
Important information for applicant Effect of furniture order This is a final order that gives you possession of the furniture, household appliances, and household effects to which it relates.

While this order remains in force, the re- spondent is not entitled to possession of these items.

Duration of order This order continues in force for— *(a) 6 months from the date on which it is made.

*(b) [as directed by the court].


This order expires if the protection order to which this order relates expires or is dis- charged.

*Delete if inapplicable.


459 Schedule 5 Family Court Rules 2002 Reprinted as at 14 July 2017 Variation or discharge of this order You (or any other party) may apply to the court at any time— (a) (b) (c) (d) to extend or reduce any period specified by the court as the period for which this order is in force; or to vary the furniture, household appliances, and household effects to which this order relates; or to vary or discharge any terms and conditions imposed by the court; or to discharge this order.
Consequences of breach of this order This order may be enforced as if it were an order of the court for delivery of chattels made in your favour.

The court may make further orders to ensure compliance with this order.

Advice If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.
460 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 5 Form DV 24 Objection to direction to undertake assessment and attend non-violence programme r 319(1) Section 51E(2)(b), Domestic Violence Act 1995 (Front page—Form DV 1) I, [full name], the respondent (or the associated respondent) under the temporary pro- tection order made on [date] in favour of [full name], the applicant, against me (or [full name of respondent if objection made by associated respondent], the respond- ent), object to the direction that I undertake an assessment and attend a non-violence programme.
I request— *(a) *(b) that the direction be discharged.

that the terms of the direction be varied as follows: [give details of variation sought].

*Delete if inapplicable.

Statement in support I say: [set out sufficient information to inform the court of the reasons for seeking the discharge or variation].

I wish to be heard at a hearing.

or I do not wish to be heard at a hearing.

[Include any other relevant information that may assist the court.]
....................................... Signature of objector .......................................

Date To the Registrar Family Court at [place] and To the applicant This objection is filed by [full name], whose address for service is [address].

461 Schedule 5 Family Court Rules 2002 Reprinted as at 14 July 2017 *Date of hearing I appoint [date] at [time] at the Family Court at [place] for the hearing of this objec- tion.

*Delete if inapplicable.


....................................... Registrar .......................................

Date Notes Advice If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.

Schedule 5 form DV 24 heading: replaced, on 1 October 2014, by rule 26(2) of the Family Courts Amendment Rules (No 5) 2014 (LI 2014/214).
Schedule 5 form DV 24: amended, on 1 October 2014, by rule 26(3) of the Family Courts Amend- ment Rules (No 5) 2014 (LI 2014/214).

Schedule 5 form DV 24: amended, on 1 October 2014, by rule 26(4) of the Family Courts Amend- ment Rules (No 5) 2014 (LI 2014/214).
462 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 5 Form DV 25 Notice of result of objection to direction to undertake assessment and attend non-violence programme r 321(1) Section 51F(1), Domestic Violence Act 1995 (Heading—Form DV 2) After considering the objection of [full name], the respondent (or the associated re- spondent) under the temporary protection order made on [date] in favour of [full name], the applicant, against the objector (or [full name of respondent if objection made by associated respondent], the respondent), to the direction that the objector undertake an assessment and attend a non-violence programme, the court— *(a) *(b) confirms the direction.
The terms of the direction are as follows: [set out terms of the direction confirmed].

confirms the direction but varies the terms of the direction as follows: [set out terms of the variation].

The terms of the direction, as varied, are as follows: [set out terms of the direction, as varied].

*(c) discharges the direction.

*Delete if inapplicable.

....................................... Registrar .......................................
Date Important information for respondent (or associated respondent) if direction confirmed or varied Consequences of failure to comply with direction If, without reasonable excuse, you fail to comply with a direction to undertake an as- sessment and attend a non-violence programme, you commit an offence.

The maxi- mum penalty for this offence is 6 months’ imprisonment or a fine not exceeding $5,000, or both.

Advice If you need help, consult a lawyer or contact a Family Court office immediately.
Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.

Schedule 5 form DV 25 heading: replaced, on 1 October 2014, by rule 27(2) of the Family Courts Amendment Rules (No 5) 2014 (LI 2014/214).

463 Schedule 5 Family Court Rules 2002 Reprinted as at 14 July 2017 Schedule 5 form DV 25: amended, on 1 October 2014, by rule 27(3) of the Family Courts Amend- ment Rules (No 5) 2014 (LI 2014/214).
Schedule 5 form DV 25: amended, on 1 October 2014, by rule 27(4) of the Family Courts Amend- ment Rules (No 5) 2014 (LI 2014/214).

Schedule 5 form DV 25: amended, on 1 October 2014, by rule 27(5) of the Family Courts Amend- ment Rules (No 5) 2014 (LI 2014/214).

Form DV 26 Request by programme provider for variation of direction to attend programme [Revoked] r 322 Schedule 5 form DV 26: revoked, on 1 October 2014, by rule 28 of the Family Courts Amendment Rules (No 5) 2014 (LI 2014/214).
464 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 5 Form DV 27 Notice of registration of foreign protection order r 331(1) Section 97, Domestic Violence Act 1995 (Heading—Form DV 2) To [name of respondent] [address] I have today registered in this court an order made on the application of [full name of applicant] at [place where foreign order made] on [date].

The order protects the following people: [full names of protected persons].
Now that this order has been registered in New Zealand, it will be treated like a pro- tection order made by a court here.

A copy of a New Zealand protection order is at- tached to this notice.

While you are in New Zealand, you must comply with the con- ditions set out in that order.

....................................... Registrar .......................................

Date [Attach copy of New Zealand protection order, including important information for respondent.]
Notes Advice If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.

465 Schedule 6 Family Court Rules 2002 Reprinted as at 14 July 2017 Schedule 6 Forms for proceedings under Family Proceedings Act 1980 and subpart 4 of Part 2 of Care of Children Act 2004 Schedule 6 heading: replaced, on 1 July 2005, by rule 34 of the Family Courts Amendment Rules 2005 (SR 2005/101).
Schedule 6 heading: amended, on 31 March 2014, by rule 44(1) of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
rr 62(2), 334 FP 1 FP 2 FP 3 FP 4 FP 5 FP 6 FP 7 FP 8 FP 9 Request for counselling [Revoked] Notice to respondent of reference to counselling [Revoked] Request (and application without notice) to dispense with reference to counselling [Revoked] Report of counsellor [Revoked] Notice to respondent of resumption of proceedings [Revoked] Summons to party to attend counselling or mediation conference [Revoked] Application for separation order Application for declaration as to validity of marriage or civil union Application for order declaring marriage or civil union to be void ab initio FP 10 Application for declaration of presumption of death and order dissolving marriage or civil union FP 11 Application by one party for order dissolving marriage or civil union FP 12 Affidavit to accompany application by one party for order dissolving marriage or civil union FP 13 Joint application for order dissolving marriage or civil union FP 14 Affidavit to accompany joint application for order dissolving marriage or civil union FP 15 Application for paternity order FP 15A Application for declaration of paternity FP 16 Notice to respondent of application under Family Proceedings Act 1980 or subpart 4 of Part 2 of Care of Children Act 2004 FP 17 Notice to respondent residing outside New Zealand of application under Family Proceedings Act 1980 or subpart 4 of Part 2 of Care of Children Act 2004 466 Page 469 469 469 469 469 469 470 472 473 475 477 481 484 487 490 491 492 495 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 6 FP 18 Affidavit of financial means and their sources FP 19 FP 20 Request for appearance Request for hearing FP 21 Notice of registration of order from commonwealth or designated country FP 22 FP 23 Provisional order for confirmation overseas Summons for hearing of proceedings for confirmation of overseas maintenance order FP 24 Warrant to arrest respondent for hearing of proceedings for confirmation of maintenance order FP 25 Summons for hearing of overseas maintenance application FP 26 Warrant to
 arrest respondent for hearing of application for maintenance made by applicant residing overseas FP 27 Order confirming provisional order for maintenance FP 28 Maintenance order (child in convention country) FP 29 Warrant of commitment on adjournment where respondent remanded in custody or does not immediately enter into bond FP 30 Bail bond FP 31 Warrant of deliverance on execution of bail bond FP 32 Warrant to enforce role of providing day-to-day care for, or order for contact with, child [Revoked] FP 33 Warrant to take child to prevent removal from New Zealand FP 34 Separation order FP 35 Maintenance order (spouse or civil union partner, former spouse or civil union partner, or former de facto partner) FP 35A Application for parenting order [Revoked] FP 36 Parenting order(s) [Revoked] FP 36A Bond to ensure compliance with parenting order [Revoked] FP 36B Notice of intention to appear in relation to interim parenting order or other interim order [Revoked] FP 37 Paternity order (and maintenance order) FP 38 Order dissolving marriage or civil union FP 39 Order declaring that other party to marriage or civil union is presumed to be dead and that marriage or civil union is dissolved FP 40 Order declaring marriage or civil union to be void FP 41 Application without notice for issue of warrant for arrest of respondent 499 502 503 504 505 507 509 510 512 513 515 516 517 518 518 519 521 522 523 523 523 523 524 526 527 528 529 467 Schedule 6 Family Court Rules 2002 Reprinted as at 14 July 2017 FP 42 Request for issue of warrant to seize property FP 43 Warrant to seize property FP 44 Summons to attend examination as to means and default FP 45 Warrant to arrest respondent for examination as to means and default FP 46 Summons to witness to attend examination FP 47 Warrant to arrest witness for attendance at examination of respondent FP 48 Warrant to arrest respondent for attendance at contempt proceedings FP 49 Warrant for arrest of absconding respondent FP 49A Warrant to
 prevent concealment of whereabouts of child FP 49B Warrant to enforce order for return of child FP 50 Attachment order FP 51 FP 52 Charging order Receiving order 530 531 533 535 536 538 539 540 541 543 545 547 548 468 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 6 Form FP 1 Request for counselling [Revoked] Schedule 6 form FP 1: revoked, on 31 March 2014, by rule 44(2) of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
r 334 Form FP 2 Notice to respondent of reference to counselling [Revoked] Schedule 6 form FP 2: revoked, on 31 March 2014, by rule 44(2) of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

r 341(1)(b) Form FP 3 Request (and application without notice) to dispense with reference to counselling [Revoked] r 341(2) Schedule 6 form FP 3: revoked, on 31 March 2014, by rule 44(2) of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
Form FP 4 Report of counsellor [Revoked] Schedule 6 form FP 4: revoked, on 31 March 2014, by rule 44(2) of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

r 334 Form FP 5 Notice to respondent of resumption of proceedings [Revoked] Schedule 6 form FP 5: revoked, on 31 March 2014, by rule 44(2) of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
r 342(2)(a)(ii) Form FP 6 Summons to party to attend counselling or mediation conference [Revoked] Schedule 6 form FP 6: revoked, on 31 March 2014, by rule 44(2) of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

r 334 469 Schedule 6 Family Court Rules 2002 Form FP 7 Application for separation order Section 20, Family Proceedings Act 1980 (Front page—Form G 1) Reprinted as at 14 July 2017 r 334 I, [full name], apply for a separation order.
This application is made on the ground that there is a state of disharmony between my husband (or wife) and me of a nature that it makes it unreasonable to require us to live together.

I say— The state of disharmony arose between my husband (or wife) and me about [year].

The general nature of the disharmony is [describe in broad terms.

Do not give details].

My husband (or wife) and I are living together at the time of making this appli- cation.
My husband (or wife) and I are not living together at the time of making this application.

(a) We stopped living together on or about [date].

(b) We agreed to separate by a written (or oral) agreement.

or (b) We did not agree to separate.

....................................... Signature of applicant .......................................
Date 1 2 3 or 3 470 Reprinted as at 14 July 2017 Notes Information sheet Family Court Rules 2002 Schedule 6 A duly completed information sheet (form G 7) must accompany this application.

*Counselling As a result of this application, you and your husband (or wife) will be referred for counselling.

Counselling may be dispensed with only for some good reason.

See sec- tion 10 of the Family Proceedings Act 1980 and form FP 3.

*Delete if counselling has been dispensed with.


471 Schedule 6 Family Court Rules 2002 Reprinted as at 14 July 2017 Form FP 8 Application for declaration as to validity of marriage or civil union r 334 Section 27, Family Proceedings Act 1980 (Front page—Form G 1) I, [full name], apply to the court for a declaration whether, according to the law of New Zealand, the marriage or civil union between [full name] and [full name] is valid (or has been validly dissolved).
I say: [set out sufficient information to inform the court of the facts relied on in support of the application].

....................................... Signature of applicant .......................................

Date Notes Information sheet A duly completed information sheet (form G 7) must accompany this application.
Marriage or civil union certificate A marriage or civil union certificate must, at the time of filing this application, be lodged in the office of the court unless the Registrar otherwise directs.

Schedule 6 form FP 8 heading: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Schedule 6 form FP 8: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).
472 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 6 Form FP 9 Application for order declaring marriage or civil union to be void ab initio r 334 Section 29, Family Proceedings Act 1980 (Front page—Form G 1) I, [full name], apply for an order declaring the purported marriage or civil union be- tween the respondent and me to be void ab initio.
This application is made on the following ground: [state the ground on which the ap- plication is made, following closely the wording of section 31 of the Family Proceed- ings Act 1980, and referring to the part of section 31(1) relied on].

I say— *1 or *1 or *1 *2 3 4 I am domiciled in New Zealand.

The respondent is domiciled in New Zealand.

The respondent and I are both domiciled in New Zealand.

The purported marriage or civil union was solemnised in New Zealand.
I went through a form of ceremony of marriage or civil union with the respond- ent on [date] at [place].

[Set out sufficient information to inform the court of the facts relied on in sup- port of the application.]

*Delete if inapplicable.

Notes Information sheet ....................................... Signature of applicant .......................................

Date A duly completed information sheet (form G 7) must accompany this application.
Marriage or civil union certificate A marriage or civil union certificate must, at the time of filing this application, be lodged in the office of the court unless the Registrar otherwise directs.

Schedule 6 form FP 9 heading: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).
473 Schedule 6 Family Court Rules 2002 Reprinted as at 14 July 2017 Schedule 6 form FP 9: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).
474 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 6 Form FP 10 Application for declaration of presumption of death and order dissolving marriage or civil union r 334 Section 32, Family Proceedings Act 1980 (Front page—Form G 1) I, [full name], apply for an order declaring that my spouse (or partner) is presumed to be dead and that the marriage or civil union between us is dissolved.
This application is made on the ground that reasonable grounds exist for believing that my spouse (or partner) is dead.

I say— 1 2 3 or 3 or 3 I am domiciled in New Zealand.

[Set out sufficient information to inform the court of the facts relied on in sup- port of the application.]

There are no children of the marriage or civil union.
If the order dissolving the marriage or civil union is made, I propose to make the following arrangements for the day-to-day care, maintenance, and welfare of the children of the marriage or civil union: [give details].

It is impracticable for me to make any arrangements for the day-to-day care, maintenance, and welfare of the children of the marriage or civil union because [give reasons].

....................................... Signature of applicant .......................................
Date Date of hearing I appoint [date] at [time] at the Family Court at [place] for the hearing of this applica- tion.

Notes Information sheet A duly completed information sheet (form G 7) must accompany this application.

475 Schedule 6 Family Court Rules 2002 Reprinted as at 14 July 2017 Marriage or civil union certificate A marriage or civil union certificate must, at the time of filing this application, be lodged in the office of the court unless the Registrar otherwise directs.
Schedule 6 form FP 10 heading: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Schedule 6 form FP 10: amended, on 1 July 2005, by rule 37(3) of the Family Courts Amendment Rules 2005 (SR 2005/101).

Schedule 6 form FP 10: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).
Schedule 6 form FP 10: amended, on 26 April 2005, by section 8(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).

476 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 6 Form FP 11 Application by one party for order dissolving marriage or civil union r 334 Section 37, Family Proceedings Act 1980 (Front page—Form G 1) I, [full name], apply for an order dissolving the marriage or civil union between my spouse (or partner) and me.
This application is made on the ground that the marriage or civil union has broken down irreconcilably.

I say: 1 I consent to the order dissolving the marriage or civil union being made in my absence.

[If you choose this option, you do not have to complete paragraphs 2 to 7 of this ap- plication, but you must file an affidavit in form FP 12 with this application.]

or 1 2 or 2 or or 6 or 6 or 6 7 or I do not consent to the order dissolving the marriage or civil union being made in my absence.
I am domiciled in New Zealand.

My spouse (or partner) is domiciled in New Zealand.

My spouse (or partner) and I are both domiciled in New Zealand.

My spouse (or partner) and I are living apart.

We will, at the filing of this application, have been living apart for the period of 2 years immediately preceding the filing of this application.

We ceased living together on [date].

A separation order was made on [date].

A written separation agreement was made on [date].


We made an oral agreement to separate on [date].

No separation order was made and we did not agree to separate.

There are no children of the marriage or civil union.
477 Schedule 6 Family Court Rules 2002 Reprinted as at 14 July 2017 7 or 7 If an order dissolving the marriage or civil union is made, I propose to make the following arrangements for the day-to-day care, maintenance, and welfare of the children of the marriage or civil union: Day-to-day care: [give details]: Maintenance: [give details]: Other aspects of welfare, such as schooling or any special needs: [give details].
It is impracticable for me to make any arrangements for the day-to-day care, maintenance, and welfare of the children of the marriage or civil union because [give reasons].

....................................... Signature of applicant .......................................

Date *Date of hearing I appoint [date] at [time] at the Family Court at [place] for the hearing of this applica- tion.
*Registrar’s list of section 37 applications I have entered this application on the Registrar’s list of section 37 applications.

I will make an order dissolving the marriage or civil union on [date] if the requirements of the Family Proceedings Act 1980 and these rules are satisfied on that date.

*Delete if inapplicable.

....................................... Registrar .......................................
Date Notes Information sheet A duly completed information sheet (form G 7) must accompany this application.

Consent to order being made in absence If you consent to the order being made in your absence (see paragraph 1), you must file an affidavit in form FP 12 with your application.

Your application is then entered 478 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 6 on the Registrar’s list of section 37 applications.
This allows the Registrar to make an order dissolving the marriage or civil union, if the requirements of the Family Pro- ceedings Act 1980 and these rules are satisfied, without your having to appear before the Family Court.
Documents to be lodged If you do not consent to the order being made in your absence (see paragraph 1), you must, at the time of filing this application, lodge in the office of the court, unless the Registrar otherwise directs,— (a) (b) the original or a certified copy of your marriage or civil union certificate; and a copy of any separation order or separation agreement to be used as evidence of living apart.
When order takes effect as final order If an order dissolving a marriage or civil union is made by the Family Court in unde- fended proceedings, it takes effect as a final order on being made.

If an order dissolving a marriage or civil union is made by the Family Court in defen- ded proceedings, it takes effect as a final order at the expiration of 1 month from the date on which it is made.

However, one party may appeal to the High Court against the making of the order.
If that happens, the order does not take effect while the appeal is pending.

If, before the expiration of 1 month from the date on which the order is made, the appeal is with- drawn, abandoned, or dismissed, or the order is confirmed by the High Court, the order takes effect as a final order at the expiration of 1 month from the date on which it is made.
If, after the expiration of 1 month from the date on which the order is made, the appeal is withdrawn, abandoned, or dismissed, or the order is confirmed by the High Court, the order takes effect as a final order on the withdrawal, abandon- ment, or dismissal of the appeal, or on the confirmation of the order of the High Court.

If the order is set aside or quashed by the High Court, the order does not take effect as a final order.
If an order dissolving a marriage or civil union is made by the Family Court in defen- ded proceedings and one party dies within 1 month of the order being made, the order does not take effect as a final order.

If an order dissolving a marriage or civil union is made by the Registrar, it takes ef- fect as a final order at the expiration of 1 month from the date on which it is made.
However, if there is a change of circumstances between the time of the filing of the application and the date on which the order takes effect, either party may seek a hear- ing at any time before the order takes effect as a final order.

If that happens, the order does not take effect as a final order.

Schedule 6 form FP 11 heading: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).
Schedule 6 form FP 11: amended, on 1 July 2005, by rule 37(4)(a) of the Family Courts Amendment Rules 2005 (SR 2005/101).

479 Schedule 6 Family Court Rules 2002 Reprinted as at 14 July 2017 Schedule 6 form FP 11: amended, on 1 July 2005, by rule 37(4)(b) of the Family Courts Amendment Rules 2005 (SR 2005/101).

Schedule 6 form FP 11: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).
Schedule 6 form FP 11: amended, on 26 April 2005, by section 8(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).
480 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 6 Form FP 12 Affidavit to accompany application by one party for order dissolving marriage or civil union rr 337(2)(a), 355(1)(b)(ii) Section 38(2)(d), Family Proceedings Act 1980 (Front page—Form G 1) I, [full name], of [address], [occupation], swear (or affirm) that: 1 2 or 2 or or 8 or 8 or 8 9 I am the applicant for an order dissolving a marriage or civil union.

I am domiciled in New Zealand.


My spouse (or partner) is domiciled in New Zealand.

My spouse (or partner) and I are both domiciled in New Zealand.

My spouse (or partner) and I were married on [date] at [place], [name of city or town, etc].

A copy of our marriage or civil union certificate is annexed to this affidavit and marked with the letter A.

We are living apart.


We will, at the filing of the application, have been living apart for the period of 2 years immediately preceding the filing of this application.

We ceased living together on [date].

(a) A separation order was made on [date].

(b) A copy of the separation order is annexed to this affidavit and marked with the letter B.

(a) A written separation agreement was made on [date].

(b) A copy of the written separation agreement is annexed to this affidavit and marked with the letter B.
We made an oral agreement to separate on [date].

No separation order was made and we did not agree to separate.

Our marriage or civil union has broken down irreconcilably.

*10 Satisfactory arrangements, or arrangements that are the best that can be devised in the circumstances, have been made for the day-to-day care, maintenance, and other aspects of the welfare of every child of the marriage or civil union.
481 Schedule 6 Family Court Rules 2002 Reprinted as at 14 July 2017 The arrangements relate to every child who is under 16 years.

They also relate to every child who is 16 years or over and, because of special circumstances, requires arrangements to be made.

*11 The arrangements referred to in paragraph 10 of this affidavit are as follows: Day-to-day care: [give details]: Maintenance: [give details]: Other aspects of welfare, such as schooling or any special needs [give details].
*Include if there are children of the marriage or civil union.
*Sworn (or Affirmed) at [place], [date], before me: ....................................... Signature of deponent ....................................... Registrar (or Justice of the Peace or Solicitor of the High Court) Notes Living apart Section 40 of the Family Proceedings Act 1980 allows you to say that you have lived apart for 2 years even if you have come together as a married couple, or as civil union partners, for some periods within that 2 years.
This section applies if you have come together as a married couple, or as civil union partners, for up to 3 months in total and if your purpose in coming together was to try to resume your marriage or civil union.
Documents When you have completed this affidavit, these are the documents you must file: an application by one party for an order dissolving a marriage or civil union (form FP 11) an information sheet (form G 7) this affidavit (form FP 12) your marriage or civil union certificate (the original or a certified copy), an- nexed to this affidavit and marked with the letter A your separation order, if any, annexed to this affidavit and marked with the let- ter B.
• • • • • or 482 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 6 • your written separation agreement, if any, annexed to this affidavit and marked with letter B.

Schedule 6 form FP 12 heading: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Schedule 6 form FP 12: amended, on 19 August 2013, by rule 5(1) of the Family Courts Amendment Rules (No 2) 2013 (SR 2013/300).
Schedule 6 form FP 12: amended, on 1 July 2005, by rule 37(5)(a) of the Family Courts Amendment Rules 2005 (SR 2005/101).

Schedule 6 form FP 12: amended, on 1 July 2005, by rule 37(5)(b) of the Family Courts Amendment Rules 2005 (SR 2005/101).

Schedule 6 form FP 12: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Schedule 6 form FP 12: amended, on 26 April 2005, by section 8(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).
483 Schedule 6 Family Court Rules 2002 Reprinted as at 14 July 2017 Form FP 13 Joint application for order dissolving marriage or civil union r 337(2)(b) Section 37, Family Proceedings Act 1980 (Front page—Form G 1) We, [full name] and [full name], jointly apply for an order dissolving our marriage or civil union.

This application is made on the ground that the marriage or civil union has broken down irreconcilably.
We say: 1 We consent to the order dissolving the marriage or civil union being made in our absence.

[Note: If you choose this option, you do not have to complete paragraphs 2 to 7 of this application, but you must file an affidavit in form FP 14 with this application.]

We do not consent to the order dissolving the marriage or civil union being made in our absence.

[Full name of one of the applicants] is domiciled in New Zealand.

We are both domiciled in New Zealand.

We are living apart.


We will, at the filing of this application, have been living apart for the period of 2 years immediately preceding the filing of this application.

We ceased living together on [date].

A separation order was made on [date].

A written separation agreement was made on [date].

We made an oral agreement to separate on [date].

No separation order was made and we did not agree to separate.

There are no children of the marriage or civil union.
or 1 2 or or 6 or 6 or 6 7 or 484 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 6 7 or 7 If an order dissolving the marriage or civil union is made, we propose to make the following arrangements for the day-to-day care, maintenance, and welfare of the children of the marriage or civil union: Day-to-day care: [give details]: Maintenance: [give details]: Other aspects of welfare, such as schooling or any special needs: [give details].
It is impracticable for us to make any arrangements for the day-to-day care, maintenance, and welfare of the children of the marriage or civil union because [give reasons].

....................................... Signature of applicant(s) .......................................

Date *Date of hearing I appoint [date] at [time] at the Family Court at [place] for the hearing of this applica- tion.
*Registrar’s list of section 37 applications I have entered this application on the Registrar’s list of section 37 applications.

I will make an order dissolving the marriage or civil union on [date] if the requirements of the Family Proceedings Act 1980 and these rules are satisfied on that date.

*Delete if inapplicable.

....................................... Registrar .......................................
Date Notes Information sheet A duly completed information sheet (form G 7) must accompany this application.

Consent to order being made in absence If you consent to the order being made in your absence (see paragraph 1), you must file an affidavit in form FP 14 with your application.

Your application is then entered on the Registrar’s list of section 37 applications.
This allows the Registrar to make an 485 Schedule 6 Family Court Rules 2002 Reprinted as at 14 July 2017 order dissolving the marriage or civil union, if the requirements of the Family Pro- ceedings Act 1980 and these rules are satisfied, without your having to appear before the Family Court.
Documents to be lodged If you do not consent to the order being made in your absence (see paragraph 1), you must, at the time of filing this application, lodge in the office of the court, unless the Registrar otherwise directs,— (a) (b) the original or a certified copy of your marriage or civil union certificate; and a copy of any separation order or separation agreement to be used as evidence of living apart.
When order takes effect as final order If an order dissolving a marriage or civil union is made by the Family Court on this application, it takes effect as a final order on being made.

If an order dissolving a marriage or civil union is made by the Registrar on this appli- cation, it takes effect as a final order at the expiration of 1 month from the date on which it is made.
However, if there is a change of circumstances between the time of the filing of the application and the date on which the order takes effect, either party may seek a hear- ing at any time before the order takes effect as a final order.

If that happens, the order does not take effect while the hearing is pending.

If the order is then confirmed by the Family Court, the order takes effect as a final order on the confirmation of the order by the Family Court.
If the order is quashed or set aside by the Family Court, the order does not take effect as a final order.

Schedule 6 form FP 13 heading: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Schedule 6 form FP 13: amended, on 1 July 2005, by rule 37(6)(a) of the Family Courts Amendment Rules 2005 (SR 2005/101).

Schedule 6 form FP 13: amended, on 1 July 2005, by rule 37(6)(b) of the Family Courts Amendment Rules 2005 (SR 2005/101).
Schedule 6 form FP 13: amended, on 1 July 2005, by rule 37(6)(c) of the Family Courts Amendment Rules 2005 (SR 2005/101).

Schedule 6 form FP 13: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).
486 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 6 Form FP 14 Affidavit to accompany joint application for order dissolving marriage or civil union rr 337(2)(b), 355(1)(a)(ii) Section 38(2)(d), Family Proceedings Act 1980 (Front page—Form G 1) I, [full name], of [address], [occupation], and I, [full name], of [address], [occupa- tion], swear (or affirm) that: 1 2 or or 8 or 8 or 8 9 We are the applicants for an order dissolving a marriage or civil union.
[Full name of one of the marriage or civil union partners] is domiciled in New Zealand.

We are both domiciled in New Zealand.

We were married on [date] at [place], [name of city or town etc].

A copy of our marriage or civil union certificate is annexed to this affidavit and marked with the letter A.

We are living apart.

We will, at the filing of the application, have been living apart for the period of 2 years immediately preceding the filing of this application.

We ceased living together on [date].


(a) A separation order was made on [date].

(b) A copy of the separation order is annexed to this affidavit and marked with the letter B.

(a) A written separation agreement was made on [date].

(b) A copy of the written separation agreement is annexed to this affidavit and marked with the letter B.

We made an oral agreement to separate on [date].

No separation order was made and we did not agree to separate.
Our marriage or civil union has broken down irreconcilably.

*10 Satisfactory arrangements, or arrangements that are the best that may be de- vised in the circumstances, have been made for the day-to-day care, mainten- ance, and other aspects of the welfare of every child of the marriage or civil union.

The arrangements relate to every child who is under 16 years.
They also 487 Schedule 6 Family Court Rules 2002 Reprinted as at 14 July 2017 relate to every child who is 16 years or over and who, because of special cir- cumstances, requires arrangements to be made.

*11 The arrangements referred to in paragraph 10 of this affidavit are as follows: Day-to-day care: [give details]: Maintenance: [give details]: Other aspects of welfare, such as schooling or any special needs: [give details].

*Include if there are children of the marriage or civil union.
Severally sworn (or affirmed) at [place] by both the above-named deponents this [date] before me: ....................................... Signatures of deponents ....................................... Registrar (or Justice of the Peace or Solicitor of the High Court) Notes Living apart Section 40 of the Family Proceedings Act 1980 allows you to say that you have lived apart for 2 years even if you have come together as a married couple, or as civil union partners, for some periods within that 2 years.
This section applies if you have come together as a married couple, or as civil union partners, for up to 3 months in total and if your purpose in coming together was to try to resume your marriage or civil union.
Documents When you have completed this affidavit, these are the documents you must file: a joint application for an order dissolving a marriage or civil union (form FP 13) an information sheet (form G 7) this affidavit (form FP 14) your marriage or civil union certificate (the original or a certified copy), an- nexed to this affidavit and marked with the letter A. your separation order, if any, annexed to this affidavit and marked with the let- ter B.
• • • • • or 488 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 6 • your written separation agreement, if any, annexed to this affidavit and marked with the letter B.

Schedule 6 form FP 14 heading: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Schedule 6 form FP 14: amended, on 19 August 2013, by rule 5(2) of the Family Courts Amendment Rules (No 2) 2013 (SR 2013/300).
Schedule 6 form FP 14: amended, on 1 July 2005, by rule 37(7)(a) of the Family Courts Amendment Rules 2005 (SR 2005/101).

Schedule 6 form FP 14: amended, on 1 July 2005, by rule 37(7)(b) of the Family Courts Amendment Rules 2005 (SR 2005/101).

Schedule 6 form FP 14: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Schedule 6 form FP 14: amended, on 26 April 2005, by section 8(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).
489 Schedule 6 Family Court Rules 2002 Form FP 15 Application for paternity order Section 47, Family Proceedings Act 1980 (Front page—Form G 1) Reprinted as at 14 July 2017 r 334 I, [full name], apply for a paternity order against [full name] on the ground that he is the father of a child called [full name of child] born on [date of birth of child] (or is the father of a child expected to be born on [expected date of birth of child]).
I say: 1 2 3 [If the application is made by a person other than the mother of the child, that person must state in what capacity and for what reason he or she is making the application.

See section 47(1)(b) to (d) of the Family Proceedings Act 1980.]

[If section 49(2) of the Family Proceedings Act 1980 is relied on to bring the application within the period of limitation, the facts must be stated here.]
[Set out sufficient information to inform the court of the facts relied on in sup- port of the application.]

....................................... Signature of applicant .......................................

Date Note Information sheet A duly completed information sheet (form G 7) must accompany this application.
490 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 6 Form FP 15A Application for declaration of paternity Family Proceedings Act 1980; Section 10(5)(a), Status of Children Act 1969 r 334 (Front page—Form G 1) I, [full name], apply in relation to [full name of child or alleged child], [date of birth], for— *a declaration of paternity *a declaration of non-paternity.

*Delete whichever is inapplicable.
I am— [tick whichever applies] □ □ □ the mother of the child and I allege that [full name] of [address, if known] is the father of the child: a person who alleges that the relationship of father and child exists between me and [full name] of [address, if known]: a person who wishes to have it determined whether the relationship of father and child exists between the child or alleged child and [full name] of [address, if known] and I have a proper interest in the result [specify the nature of the interest].
....................................... Signature of applicant .......................................

Date Note Information sheet A completed information sheet (form G 7) must accompany this application.

Schedule 6 form FP 15A: inserted, on 1 July 2005, by rule 36 of the Family Courts Amendment Rules 2005 (SR 2005/101).
491 Schedule 6 Family Court Rules 2002 Reprinted as at 14 July 2017 Form FP 16 Notice to respondent of application under Family Proceedings Act 1980 or subpart 4 of Part 2 of Care of Children Act 2004 rr 32(2)(b), 341(2)(b), 367(1)(a) (General heading—Form G 2) To ............................. ............................. ............................. An application (see the attached copy) has been filed in this court by [full name].
The order or orders sought by the applicant are specified in the application.

*Interim maintenance order *On [date] at [time] at [place], there will be a hearing to decide whether interim maintenance should be paid.

*If you do not appear at this hearing, the court may make an interim maintenance order in your absence.

*Include these paragraphs only if a maintenance order is applied for.
Notice of defence If you wish to defend the application, you must, within 21 days after the date on which you receive this notice,— (a) (b) file a notice of defence in this office of the court; and serve a copy of the notice of defence on the other party (or parties) to the pro- ceedings.

That copy may be delivered to the address for service given by the applicant (or other parties).
You should note that if you do not file and serve a notice of defence within that time you may not be able to defend the application.

On the day of the hearing of the appli- cation, should you appear, the Judge may— (a) allow you to take part in the hearing of the application only on such terms as the Judge thinks fit; or (b) decline to allow you to take part.
You should also note that the Judge may make an order against you for costs properly incurred as a consequence of your failure to file and serve a notice of defence within time.

If you do not file and serve a notice of defence, the case may proceed without further notice to you.

492 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 6 A lawyer will prepare a notice of defence for you.

If you want a lawyer but think you cannot afford one, contact an office of the Family Court immediately.
You may also see a specimen form of the notice of defence at any office of the Family Court.

*Request for an appearance or request for hearing This note applies if— (a) (b) the application is for an order dissolving the marriage or civil union; and the applicant has indicated in the application that the applicant consents to the order being made in his or her absence.

If you do not consent to the order being made in your absence, you may file, in this office of the court, a request for an appearance.
You may file a request for an appearance instead of, or in addition to, a notice of de- fence.

If you file a request for an appearance, you must serve a copy on the applicant.

That copy may be delivered to the address for service given by the applicant.
If there is a change of circumstances after the application is filed and before the order takes effect as a final order, so that you want to appear before the Family Court, you may seek a hearing by filing, in this office of the court, a request for a hearing in form FP 20.

If you do not file and serve a notice of defence or a request for an appearance or a request for a hearing, an order dissolving the marriage or civil union may be made by the Registrar in your absence.
A lawyer will prepare a request for an appearance or a request for a hearing for you.

If you want a lawyer but think you cannot afford one, you should contact an office of the Family Court immediately.

You may also see a specimen form of the request for an appearance and request for a hearing at any office of the Family Court.
Address for service If you do not wish to defend the application (*or appear before the Family Court at the hearing of the application) but you do wish to know what is happening, you must— (a) (b) file in this office of the court a notice giving the address of a place in New Zea- land at which documents may be left for you; and serve a copy of the notice on the other party to the proceedings.

That copy may be delivered to the address for service given by the applicant.
*Include only if an order dissolving a marriage or civil union is applied for.

Liability as witness Even if you take no action, the court may summon you as a witness to help it deal with the application.

493 Schedule 6 Family Court Rules 2002 Reprinted as at 14 July 2017 Copies of orders You will get a copy of any orders made against you.

However, any order will prob- ably be in force from the time it is made.

The fact that you have not got a copy of the order will not be an excuse for not obeying it.
Advice If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.

....................................... Registrar .......................................

Date Schedule 6 form FP 16 heading: amended, on 31 March 2014, by rule 44(3) of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
Schedule 6 form FP 16: amended, on 3 August 2009, by rule 15(1) of the Family Courts Amendment Rules 2009 (SR 2009/185).

Schedule 6 form FP 16: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).
494 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 6 Form FP 17 Notice to respondent residing outside New Zealand of application under Family Proceedings Act 1980 or subpart 4 of Part 2 of Care of Children Act 2004 rr 32(2)(b), 341(2)(b) (General heading—Form G 2) To ............................. ............................. ............................. An application (see the attached copy) has been filed in this court by [full name].
The order or orders sought by the applicant are described in the application.

Jurisdiction of court The court may make an order if [set out bases for jurisdiction in respect of each order sought, following closely the relevant provisions of the Family Proceedings Act 1980 or subpart 4 of Part 2 of the Care of Children Act 2004 or of both].
Notice of defence If you wish to defend the application or be heard on it, you must, either directly or through a lawyer in the place where you are, send authority to a lawyer in New Zea- land instructing him or her to act for you.

If you wish to defend the application, you must, within [number] days after the date on which you received this notice,— (a) (b) file a notice of defence in this office of the court; and serve a copy of the notice of defence on the other party (or parties) to the pro- ceedings.
That copy may be delivered to the address for service given by the applicant (or other parties).

You should note that if you do not file and serve a notice of defence within that time you may not be able to defend the application.

On the day of the hearing of the appli- cation, should you appear, the Judge may— (a) allow you to take part in the hearing of the application only on such terms as the Judge thinks fit; or (b) decline to allow you to take part.
You should also note that the Judge may make an order against you for costs properly incurred as a consequence of your failure to file and serve a notice of defence within time.

If you do not file and serve a notice of defence, the case may proceed without further notice to you.
495 Schedule 6 Family Court Rules 2002 Reprinted as at 14 July 2017 *Request for appearance or request for hearing This note applies if— (a) (b) the application is for an order dissolving the marriage or civil union; and the applicant has indicated in the application that the applicant consents to the order being made in his or her absence.
If you do not consent to the order being made in your absence, you may, within [num- ber] days of receiving this notice, file in this office of the court a request for an ap- pearance.

You may file a request for an appearance instead of, or in addition to, a notice of de- fence.

If you file a request for an appearance, you must serve a copy on the applicant.

That copy may be delivered to the address for service given by the applicant.
If there is a change of circumstances after the application is filed and before the order takes effect as a final order, so that you want to appear before the Family Court, you may seek a hearing by filing, in this office of the court, a request for a hearing in form FP 20.

If you do not file and serve a notice of defence or a request for an appearance or a request for a hearing, an order dissolving the marriage or civil union may be made by the Registrar in your absence.
Address for service If you do not wish to defend the application (*or appear before the Family Court at the hearing of the application) but you do wish to know what is happening, you must— (a) (b) file in this office of the court a notice giving the address of a place in New Zea- land at which documents may be left for you; and serve a copy of the notice on the other party to the proceedings.

That copy may be delivered to the address for service given by the applicant.
*Include only if an order dissolving a marriage or civil union is applied for.

Copies of orders You will get a copy of any orders made against you.

However, any order will prob- ably be in force from the time it is made.

The fact that you have not got a copy of the order will not be an excuse for not obeying it.
*Warning If you are not domiciled in New Zealand, you are warned that a dissolution of mar- riage or civil union granted on the application of your marriage or civil union partner may not be recognised as valid outside New Zealand.

The dissolution will be valid for all purposes within New Zealand.
496 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 6 If you wish to marry or enter into a civil union in a country outside New Zealand, you should take legal advice on whether you are legally free to do so.

*Include if an order dissolving a marriage or civil union is applied for.

Advice If you need help, consult a lawyer in the place where you are immediately.

If you in- tend to employ a lawyer in New Zealand, you should ask about your eligibility for legal aid in this country.
Respondents served in Australia under Trans-Tasman Proceedings Act 2010 If you are served in Australia and under section 13 of the Trans-Tasman Proceedings Act 2010 of New Zealand, this notice is affected by that Act and the information that section 15 of that Act requires to be served on you.
By virtue of that Act you may, for example,— • • • respond to the application by taking steps yourself or by using an Australian lawyer (rather than by instructing a New Zealand lawyer to act for you); and respond within a period that is at least 30 working days after the day on which you were served; and give an address for service that is an address of a place in Australia or New Zealand.
Note: An initiating document for a civil proceeding that relates wholly or partly to a matter that, under sections 4(1) and 12(2)(a) of the Trans-Tasman Proceedings Act 2010, is an excluded matter (for example, the dissolution of a marriage) cannot be served in Australia and under section 13 of that Act.

....................................... Registrar .......................................
Date Schedule 6 form FP 17 heading: amended, on 31 March 2014, by rule 44(4) of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

Schedule 6 form FP 17: amended, on 31 March 2014, by rule 44(5) of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

Schedule 6 form FP 17: amended, on 11 October 2013, by rule 20 of the Family Courts (Trans-Tas- man Proceedings Act 2010) Amendment Rules 2013 (SR 2013/347).
Schedule 6 form FP 17: amended, on 3 August 2009, by rule 15(2) of the Family Courts Amendment Rules 2009 (SR 2009/185).

Schedule 6 form FP 17: amended, on 1 July 2005, by rule 37(9)(b) of the Family Courts Amendment Rules 2005 (SR 2005/101).

Schedule 6 form FP 17: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).
497 Schedule 6 Family Court Rules 2002 Reprinted as at 14 July 2017 Schedule 6 form FP 17: amended, on 26 April 2005, by section 8(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).
498 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 6 Form FP 18 Affidavit of financial means and their sources Section 188(2)(d), Family Proceedings Act 1980 (Front page—Form G 1) r 344(1)(a) I, [full name], of [address], [occupation], swear (or affirm) that my financial means and their sources are as set out below.
1 My income for the 52 weeks immediately preceding the date of this affidavit was as follows: [use Nil if applicable] Item Particulars (a) (b) (c) (d) (e) (f) (g) (h) salary, wages, or other personal earnings from [state employer]: gross income from business: amount received from boarders (including children over 16 years of age): rents from property (including rooms let): compensation or damages received: superannuation, pension, or benefit (including any from overseas): dividends and interest: all other sources of income [specify]: Total income in the 52 weeks: $ 2 My assets (both in New Zealand and elsewhere) are as follows: Item Particulars (a) land and buildings [state address and capital value]: (b) money in bank accounts [specify banks]: (c) money not in bank or invested: (d) money lent or in hands of any person [name and address]: (e) (f) (g) (h) government stock, shares, debentures, or bonds [state details]: plant and machinery [state details]: livestock [state details]: interest in business, stock in trade, or venture of any kind [state details]: (i) motor vehicles [state details]: $ $ 499 Schedule 6 Family Court Rules 2002 Item Particulars (j) any other property or assets not specified above, including interest in any estate [state details]: Reprinted as at 14 July 2017 $ Total assets: $ 3 4 The property specified in items [specify] of clause 2 of this affidavit is mort- gaged, or otherwise secured to [full name], of [address], for the sum of $......... My expenses for the 52 weeks specified in clause 1 of this affidavit were as follows: $ Item Particulars (a) (b) income tax: insurance and superannuation: (c) medical and hospital benefits: (d) (e) (f) (g) (h) (i) (j) (k) (l) rent: rates: mortgage payments: repairs on home: food and household supplies: electricity, gas, and fuel: telephone: laundry and cleaning: clothing: (m) child maintenance, care, and education: (n) maintenance for former spouse or partner: (o) (p) (q) (r) (s) entertainment: fares: car maintenance, running, and registration: hire
 purchase payments: other expenses [specify]: Total expenses in the 52 weeks: $ 5 Separate income for the 52 weeks of members of household whose expenses are included: [list full names, ages, and relationship of all members of household]: [list details of separate income of any member of household].
(a) (b) 500 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 6 Sworn (or Affirmed) at [place], [date], before me: ....................................... Signature of deponent ....................................... Registrar (or Justice of the Peace or Solicitor of the High Court) Schedule 6 form FP 18: amended, on 26 April 2005, by section 8(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).
Schedule 6 form FP 18: amended, on 1 July 2004, by rule 8(2) of the Family Courts Amendment Rules 2004 (SR 2004/165).

501 Schedule 6 Family Court Rules 2002 Form FP 19 Request for appearance Section 38(2)(c), Family Proceedings Act 1980 (Front page—Form G 1) Reprinted as at 14 July 2017 r 346 To the Registrar Family Court at [place] I, [full name], am the respondent to the application for an order dissolving a marriage or civil union made by [name of applicant] on [date].
I request an appearance when the application is heard by a Family Court.

....................................... Signature of respondent .......................................

Date Schedule 6 form FP 19: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).
502 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 6 Form FP 20 Request for hearing Section 38(3), Family Proceedings Act 1980 (Front page—Form G 1) rr 347, 356(1) To the Registrar Family Court at [place] 1 or 1 2 3 4 I, [full name], am a party to a marriage or civil union in relation to which an application for an order dissolving a marriage or civil union was filed on [date].

The order has not been made.


I, [full name], am a party to a marriage or civil union that was dissolved by an order made by the Registrar on [date].

The order will take effect on [date].

I request a hearing.

This request is made on the ground that there has been the following change of circumstances since the time of the filing of the application for the order: [set out sufficient information to inform the court of the facts relied on in support of the request].
I estimate that the duration of the hearing will be [specify period] because [set out all available information affecting the estimated length of the hearing].

....................................... Signature of party .......................................

Date Date of hearing I appoint [date] at [time] at the Family Court at [place] for the hearing.

....................................... Registrar .......................................
Date Schedule 6 form FP 20: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).

503 Schedule 6 Family Court Rules 2002 Reprinted as at 14 July 2017 Form FP 21 Notice of registration of order from commonwealth or designated country r 364(1) Section 136, Family Proceedings Act 1980 (General heading—Form G 2) To ............................. ............................. .............................
I have today registered in this court an order for maintenance made between the above-named parties at [place] on [date].

The order provides for the payment of maintenance by you in the following terms: [set out the terms of the order].

Now that this order has been registered in New Zealand, it will be treated like a main- tenance order made by a court here.

According to a certificate given by [full name] and filed in the court, you owe, under the order, the sum of [specify] up to [specify].
Unless you are notified to the contrary by the Commissioner of Inland Revenue, all payments under the order must be paid to the Commissioner of Inland Revenue in ac- cordance with the Child Support Act 1991.

It is the Commissioner’s duty to enforce the order.

....................................... Registrar .......................................

Date Notes Advice If you need help, consult a lawyer or contact a Family Court office or an office of the Ministry of Social Development immediately.
Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.

Schedule 6 form FP21: amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).
504 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 6 Form FP 22 Provisional order for confirmation overseas Section 147, Family Proceedings Act 1980 (General heading—Form G 2) r 368(1) On application made to it for the making against the respondent of— *a maintenance order in respect of a spouse or civil union partner or a former spouse or civil union partner,— *a provisional maintenance order in respect of a child,— this court makes a provisional maintenance order (or provisional maintenance orders) against the respondent.
*Delete if inapplicable.
By this provisional maintenance order (or these provisional maintenance orders), this court orders that the respondent— (a) (b) pay towards the future maintenance of the applicant the sum of $[specify] per [specify] until [specify period] (or during the joint lives of [full name] and [full name] [or as the case may be]): pay towards the future maintenance of [full name], a child born on [date of birth], the sum of $[specify] per [specify] until the child reaches the age of 16 years [or as the court otherwise directs].
This order is (or These orders are) provisional only and have no effect unless and until confirmed by a competent court in a place outside New Zealand.

....................................... Registrar .......................................

Date Note Accompanying documents When transmitted by the Secretary for Justice to the country in which the respondent resides, this order must be accompanied by the documents specified in section 147(6) of the Family Proceedings Act 1980.
The statement of the grounds on which the mak- ing of the order might have been opposed may be in the form of a certificate signed by the Judge hearing the application.

Schedule 6 form FP 22: amended, on 26 April 2005, by section 8(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).

505 Schedule 6 Family Court Rules 2002 Reprinted as at 14 July 2017 Schedule 6 form FP 22: amended, on 1 July 2004, by rule 8(3) of the Family Courts Amendment Rules 2004 (SR 2004/165).
506 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 6 Form FP 23 Summons for hearing of proceedings for confirmation of overseas maintenance order r 334 Section 138(3)(a) (or section 139(3)), Family Proceedings Act 1980 (General heading—Form G 2) To ............................. ............................. ............................. On the application of [full name], a provisional order was made against you in the [specify court] Court at [place] on [date] under [state the Act or other authority of the country where the order was made].
The provisional order provides [set out the relevant terms of the provisional order].

Proceedings for the confirmation of the provisional order are now to be heard in New Zealand in court.
In connection with those proceedings, this court has received, in relation to the provi- sional order, the following documents: (a) (b) (c) a certified copy of that order: the depositions of the witnesses: a statement of the grounds on which the order might have been opposed [delete if the provisional order, being an order to which section 139 or section 139A of the Family Proceedings Act 1980 applies, affects a New Zealand maintenance order or a New Zealand maintenance agreement].
Copies of these documents may be obtained from this office of this court.

You are summoned to appear at [time] on [date] in the District Court at [place] to show reasons why the provisional order (or orders) should not be confirmed.
At the hearing, it will be open to you to raise any defence that you might have raised in the original proceedings had you been present but no other defence (except [if the provisional order is made in or consequent on an affiliation order] the defence— (a) (b) that you are not the father of the child; and that the proceedings in which the affiliation order was made were not brought to your notice (either by the service of a summons on you or by any other method permitted by the law of the country in which the affiliation order was made)).
If you do not appear at the hearing, or if on appearing you do not satisfy the court that the order ought not to be confirmed, the court may confirm the order either with or without modifications.

507 Schedule 6 Family Court Rules 2002 Reprinted as at 14 July 2017 *If the court confirms the order, it may also, if it is satisfied that you are of sufficient ability, order you to pay a sum for maintenance between the date of the making of the order and its confirmation.
*Include only if section 138(1)(a) of the Family Proceedings Act 1980 applies.

*If the court confirms the order, it will become a maintenance order for the purposes of the Family Proceedings Act 1980 and may be enforced in New Zealand under the Child Support Act 1991.

*Include only if section 138(1)(a) of the Family Proceedings Act 1980 applies.

....................................... Registrar .......................................
Date Notes Advice If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.
508 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 6 Form FP 24 Warrant to arrest respondent for hearing of proceedings for confirmation of maintenance order r 334 Section 138(3)(b), Family Proceedings Act 1980 (General heading—Form G 2) To every constable On the application of [full name], a provisional order was made against the respond- ent in the [specify court] Court at [place] on [date] under [state the Act or other au- thority of the country where the order was made].
The provisional order provides [set out the terms of the provisional order].

A certified copy of that order, together with the other necessary documents, has now been sent to this court for the hearing of proceedings for the confirmation of the order.

I am satisfied that the address of the respondent is unknown (or a summons has been issued for the attendance of the respondent at this court, but has not been served be- cause the respondent cannot be found).
I direct you to arrest the respondent and bring the respondent before a court as soon as possible.

....................................... Judge (or Registrar) .......................................
Date 509 Schedule 6 Family Court Rules 2002 Reprinted as at 14 July 2017 Form FP 25 Summons for hearing of overseas maintenance application r 334 Section 145J(1)(b), Family Proceedings Act 1980 (General heading—Form G 2) To ............................. ............................. ............................. An application by [full name] of [address] for an order against you has been received by this court.

The applicant seeks [set out the terms of the order(s) sought].
Copies of the application and of the accompanying documents sent by the applicant are attached to this summons.

You are summoned to appear at [time] on [date] in the District Court at [place] for the hearing of the application.

Notice of defence If you wish to defend the application, you must, within 21 days after the date on which you receive this notice, file a notice of defence in this office of the court.
If you do not file and serve a notice of defence, the case may proceed without further notice to you.

Address for service If you do not wish to defend the application but you do wish to know what is happen- ing, you must file in this office of the court a notice giving the address of a place in New Zealand at which documents may be left for you.

Assistance A lawyer will prepare a notice of defence for you.
If you want a lawyer but think you cannot afford one, contact an office of the Family Court immediately.

You may also see a specimen form of the notice of defence at any office of the Family Court.

Liability as a witness Even if you take no action, the court may summon you as a witness to help it deal with the application.

Copies of orders You will get a copy of any orders made against you.

However, any order will prob- ably be in force from the time it is made.
The fact that you have not got a copy of the order will not be an excuse for not obeying it.

510 Reprinted as at 14 July 2017 Enforcement Family Court Rules 2002 Schedule 6 If the court makes an order, the order will be enforced under the Child Support Act 1991.

Advice If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.
....................................... Registrar .......................................

Date 511 Schedule 6 Family Court Rules 2002 Reprinted as at 14 July 2017 Form FP 26 Warrant to arrest respondent for hearing of application for maintenance made by applicant residing overseas r 334 Section 145J(2), Family Proceedings Act 1980 (General heading—Form G 2) To every constable An application by [full name] of [address] for an order has been received by this court.
The applicant seeks [set out the terms of the order(s) sought].

The application, together with the other necessary documents, has now been sent to the court to be dealt with.

I am satisfied that the address of the respondent is unknown (or a summons has been issued for the attendance of the respondent at this court, but has not been served be- cause the respondent cannot be found).

I direct you to arrest the respondent and bring the respondent before a court as soon as possible.
....................................... Judge .......................................

Date 512 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 6 Form FP 27 Order confirming provisional order for maintenance r 334 Section 138 (or section 139 or section 139A), Family Proceedings Act 1980 (General heading—Form G 2) On [date], a provisional order was made by the [specify court] Court at [place and country] under [set out the Act or other authority].
The provisional order provides [set out the relevant terms of the provisional order].

A summons was duly served on the respondent to appear on [date] at the District Court at [place] (or The respondent was arrested and brought before the District Court at [place]) to show reasons why the provisional order should not be confirmed.

On appearing, the respondent failed to satisfy the court that the order should not be confirmed (or did not appear).
This court orders that the order be confirmed without modification (or with the fol- lowing modifications: [specify]).

*Unless you are notified to the contrary by the Commissioner of Inland Revenue, all payments under the order must be paid to the Commissioner of Inland Revenue in ac- cordance with the Child Support Act 1991.

It is the Commissioner’s duty to enforce the order.

*The first payment must be made on [date].


*Delete— (a) (b) if the order does not require payments, as in the case of the cancellation or suspension of a maintenance order; or if the person ordered to pay maintenance under the order is outside New Zealand.

....................................... Registrar .......................................
Date Note Copies of order Copies of this order must be forwarded to— (a) (b) (c) the Head Office, Ministry of Justice; and the court making the provisional order; and if the order was made under section 138 of the Family Proceedings Act 1980, the Commissioner of Inland Revenue.

513 Schedule 6 Family Court Rules 2002 Reprinted as at 14 July 2017 Schedule 6 form FP 27: amended, on 1 July 2004, by rule 8(4) of the Family Courts Amendment Rules 2004 (SR 2004/165).
514 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 6 Form FP 28 Maintenance order (child in convention country) r 334 Section 145G, Family Proceedings Act 1980 (General heading—Form G 2) On application made to it, the court orders that the respondent pay, in respect of the maintenance of [full name], a child born on [date],— (a) (b) (c) the sum of $[specify] per [specify period] towards the future maintenance of the child until the child reaches the age of [specify] years [or as the court otherwise directs].
The first payment is to be made on [date]: the sum of $[specify] towards the future maintenance of the child.

The sum is payable [specify arrangements for payment and any conditions]: the sum of $[specify] towards the past maintenance of the child.

The sum is payable [specify arrangements for payment and any conditions].

....................................... Registrar .......................................
Date Note Payments Unless you are notified to the contrary by the Commissioner of Inland Revenue, all payments under the order must be paid to the Commissioner of Inland Revenue in ac- cordance with the Child Support Act 1991.

It is the Commissioner’s duty to enforce the order.
515 Schedule 6 Family Court Rules 2002 Reprinted as at 14 July 2017 Form FP 29 Warrant of commitment on adjournment where respondent remanded in custody or does not immediately enter into bond r 369(4) Family Proceedings Act 1980 (General heading—Form G 2) To every constable and To the Manager of [name of prison] The respondent was arrested on a warrant issued under section 138(3)(b) (or section 145J(2)) of the Family Proceedings Act 1980 [or as the case may be]).
The further hearing of the application between the above-named parties has been ad- journed, and the respondent has been remanded in custody for the period of the ad- journment (or granted bail in terms certified on the back of this warrant) but has not yet entered into a bail bond.
You, the constables, are directed to deliver the respondent to the prison at [place] and you, the Manager, to receive the respondent into your custody and to detain the re- spondent until [date], when you are required to bring the respondent to the Family Court at [place] at [time] for the further hearing of the application.

....................................... Registrar .......................................
Date Certificate of consent to bail I certify that the respondent named in this warrant may be released on bail bond being entered into on the following terms: [specify terms].

....................................... Registrar .......................................

Date Schedule 6 form FP 29: amended, on 1 July 2005, by rule 37(10)(a) of the Family Courts Amend- ment Rules 2005 (SR 2005/101).
Schedule 6 form FP 29: amended, on 1 July 2005, by rule 37(10)(b) of the Family Courts Amend- ment Rules 2005 (SR 2005/101).

Schedule 6 form FP 29: amended, on 1 July 2005, by rule 37(10)(c) of the Family Courts Amend- ment Rules 2005 (SR 2005/101).
516 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 6 Form FP 30 Bail bond Family Proceedings Act 1980 (General heading—Form G 2) r 369(5) The respondent was arrested on a warrant issued under section 138(3)(b) (or section 145J(2)) of the Family Proceedings Act 1980 [or as the case may be]).

The further hearing of the application between the above-named parties has been ad- journed, and the court has directed that the respondent be released on bail during the period of the adjournment.
I, [full name], bind myself to attend personally at the Family Court at [place] at [time] on [date], which is the date to which the hearing of the application between the par- ties has been adjourned.
I acknowledge myself bound to forfeit to the Crown the sum of $[specify] and I (or we) [full name, address, and occupation of each surety] acknowledge myself (or our- selves) bound to forfeit to the Crown the sum of $[specify] (each) if the respondent fails to attend at the time and place to which the hearing has been adjourned.
Taken before me at [place] on [date]: ....................................... Respondent ....................................... Surety (or Sureties) ....................................... Judge (or Registrar) 517 Schedule 6 Family Court Rules 2002 Form FP 31 Warrant of deliverance on execution of bail bond Family Proceedings Act 1980 (General heading—Form G 2) Reprinted as at 14 July 2017 r 369(6) To the Manager of [name of prison] The respondent, who was remanded into your custody after the respondent’s arrest and on the adjournment of an application between the above-named parties, was gran- ted bail on the following terms: [specify terms].
The respondent has now entered into a bail bond with (or without) surety (or sureties) in the required amount(s), and you are now directed, if the respondent is detained on the warrant and no other, to release the respondent immediately.

....................................... Judge (or Registrar) .......................................

Date Schedule 6 form FP 31: amended, on 1 July 2005, by rule 37(11) of the Family Courts Amendment Rules 2005 (SR 2005/101).
Form FP 32 Warrant to enforce role of providing day-to-day care for, or order for contact with, child [Revoked] r 334 Schedule 6 form FP 32: revoked, on 31 March 2014, by rule 44(2) of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
518 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 6 Form FP 33 Warrant to take child to prevent removal from New Zealand r 334 Section 118, Care of Children Act 2004 (General heading—Form G 2) To every constable (or social worker) I have reason to believe that [full name], a child aged [specify] years, may be taken out of New Zealand with intent to, or in circumstances where the taking of the child would be likely to,— *defeat the claim of [full name], of [address], [occupation], who has applied for (or is about to apply for) the role of providing day-to-day care for, or an order for contact with, the child; or *prevent an order made in the [court] at [place] on [date] (or registered under section 81 of the Care of Children Act 2004) about the role of providing day-to-day care for, or about contact with, the child, from being complied with.
The child is said to be in the care of [full name] of [address].

(*There being no High Court Judge or District Court Judge or Family Court Judge available,) I direct you to take the child (using reasonable force if necessary) and place the child in the care of some suitable person pending the order or further order of the court having jurisdiction in the case.
When you have executed this warrant in accordance with the direction, you must ad- vise this court immediately of the name and address of the person with whom you have placed the child.

*Delete if inapplicable.

....................................... Judge (or Registrar (not being a constable)) .......................................
Date Notes Arrest of person resisting execution of warrant Under section 79 of the Care of Children Act 2004, you commit an offence for which you may be sentenced to imprisonment if you knowingly resist or obstruct a person executing this warrant, or knowingly fail or refuse to afford a person of that kind im- mediate entrance to (all or a part of) any premises.
Under section 315(2) of the 519 Schedule 6 Family Court Rules 2002 Reprinted as at 14 July 2017 Crimes Act 1961, a constable (and persons the constable calls to his or her assistance) may arrest and take into custody without a warrant a person whom the constable finds committing, or has good cause to suspect of having committed, an offence punishable by imprisonment.
Use of a faxed copy of warrant If use of a faxed copy of this warrant is authorised by an authority to prevent delay in execution of the warrant, the authority must, under section 76 of the Care of Children Act 2004, write and sign a note on the front of the warrant stating— (a) (b) the fact that a faxed copy of the warrant may be used for the purposes of exe- cuting the warrant; and the date and time at which the authorisation expires, which must be the close of the third day after the day on which the authorisation is granted.
Schedule 6 form FP 33: replaced, on 1 July 2005, by rule 35(d) of the Family Courts Amendment Rules 2005 (SR 2005/101).

Schedule 6 form FP 33 heading: amended, on 31 March 2014, by rule 44(6) of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

Schedule 6 form FP 33: amended, on 17 November 2011, by rule 11 of the Family Courts Amend- ment Rules 2011 (SR 2011/349).
520 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 6 Form FP 34 Separation order Part 3, Family Proceedings Act 1980 (General heading—Form G 2) r 334 On application made to it, the court makes a separation order.
The effect of this order is that, so long as the order remains in force, neither the appli- cant nor the respondent is under an obligation to cohabit with each other, but, except as provided by the Family Proceedings Act 1980 or any other enactment, the order does not otherwise affect the marriage or civil union or the status, rights, and obliga- tions of the parties to the marriage or civil union.

....................................... Registrar .......................................
Date Schedule 6 form FP 34: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).
521 Schedule 6 Family Court Rules 2002 Reprinted as at 14 July 2017 Form FP 35 Maintenance order (spouse or civil union partner, former spouse or civil union partner, or former de facto partner) r 334 Section 69 (or section 70), Family Proceedings Act 1980 (General heading—Form G 2) On application made to it, the court orders that the respondent must pay, in respect of the maintenance of the applicant,— (a) (b) (c) the sum of $[specify] per [specify] towards the future maintenance of the appli- cant until [specify period] (or during the joint lives of the parties or during the life of the applicant).
The first payment must be made on [date]: the sum of $[specify] towards the future maintenance of the applicant.

The sum is payable [specify arrangements for payment, and any conditions]: the sum of $[specify] towards the past maintenance of the applicant.

The sum is payable [specify arrangements for payment, and any conditions].

The court orders that the respondent pay to the applicant the costs of these proceed- ings amounting to $[specify].
....................................... Registrar .......................................

Date Notes Payments Unless you are notified to the contrary by the Commissioner of Inland Revenue, all payments under the order must be paid to the Commissioner of Inland Revenue in ac- cordance with the Child Support Act 1991.

It is the Commissioner’s duty to enforce the order.
*Effect of new marriage or civil union or de facto relationship An order for future maintenance ceases to have effect if the party in whose favour it is made marries, or enters into a civil union or a de facto relationship with, someone other than the party against whom the order is made.

See section 70A(2) to (4) of the Family Proceedings Act 1980.

*Delete if the order makes no provision for future maintenance.
522 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 6 Schedule 6 form FP 35 heading: amended, on 26 April 2005, by section 8(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Schedule 6 form FP 35: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Schedule 6 form FP 35: amended, on 26 April 2005, by section 8(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).
Form FP 35A Application for parenting order [Revoked] Schedule 6 form FP 35A: revoked, on 31 March 2014, by rule 44(2) of the Family Courts Amend- ment Rules (No 2) 2014 (LI 2014/4).

r 334 Form FP 36 Parenting order(s) [Revoked] Schedule 6 form FP 36: revoked, on 31 March 2014, by rule 44(2) of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
r 334 Form FP 36A Bond to ensure compliance with parenting order [Revoked] Schedule 6 form FP 36A: revoked, on 31 March 2014, by rule 44(2) of the Family Courts Amend- ment Rules (No 2) 2014 (LI 2014/4).

Form FP 36B Notice of intention to appear in relation to interim parenting order or other interim order r 334 [Revoked] r 334 Schedule 6 form FP 36B: revoked, on 31 March 2014, by rule 44(2) of the Family Courts Amend- ment Rules (No 2) 2014 (LI 2014/4).
523 Schedule 6 Family Court Rules 2002 Form FP 37 Paternity order (and maintenance order) Sections 51 and 78 to 81, Family Proceedings Act 1980 (General heading—Form G 2) Reprinted as at 14 July 2017 r 334 On application made to it, the court, by this order, declares the respondent to be the father of a child called [full name] born on [date of birth of child] (or a child expected to be born on [expected date of birth of child]).
The court orders that— *(a) *(b) *(c) *(d) *(e) the respondent must pay to the applicant in respect of expenses reasonably in- curred by reason of her pregnancy and the birth of the child, and towards her support during and after pregnancy, the sum of $[specify] (in the following manner: [specify]).

the respondent must pay to the applicant the sum of $[specify] in respect of the funeral expenses of the child (in the following manner: [specify]).
the respondent must pay towards the future maintenance of the applicant the sum of $[specify] per [specify] until [date], and the first payment must be made on [date] (or the sum of $[specify]).

the respondent must pay towards the past maintenance of the applicant the sum of $[specify].

the respondent must pay to the applicant the costs of these proceedings amounting to $[specify].

*Delete if inapplicable.

....................................... Registrar .......................................
Date Notes Payments Unless you are notified to the contrary by the Commissioner of Inland Revenue, all payments under the order must be paid to the Commissioner of Inland Revenue in ac- cordance with the Child Support Act 1991.

It is the Commissioner’s duty to enforce the order.
524 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 6 *Effect of applicant marrying or entering a civil union or a de facto relationship To the extent that this order relates to the maintenance of the applicant and has not expired earlier, it ceases to have effect if, after it is made, the applicant marries or en- ters into a civil union or de facto relationship.

See section 81(3) of the Family Pro- ceedings Act 1980.
*Delete if this order makes no provision for the maintenance of the applicant.

Schedule 6 form FP 37: amended, on 26 April 2005, by section 8(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).
525 Schedule 6 Family Court Rules 2002 Form FP 38 Order dissolving marriage or civil union Section 39, Family Proceedings Act 1980 (General heading—Form G 2) Reprinted as at 14 July 2017 r 334 The Family Court (or The Registrar of the Family Court), by this order, dissolves the marriage or civil union that took place on [date] at [church, registry office, or other place at which the marriage or civil union took place] in [name of city or town, etc] between the applicant and the respondent (or the joint applicants).
....................................... Registrar .......................................

Date order made .......................................

Date order sealed Schedule 6 form FP 38 heading: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Schedule 6 form FP 38: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).
526 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 6 Form FP 39 Order declaring that other party to marriage or civil union is presumed to be dead and that marriage or civil union is dissolved r 334 Section 34, Family Proceedings Act 1980 (General heading—Form G 2) On application made to it, the court, by this order, declares that the respondent is pre- sumed to be dead and that the marriage or civil union that took place on [date] at [church, registry office, or other place at which the marriage or civil union took place] in [name of city or town, etc] between the applicant and the respondent is dis- solved.
....................................... Registrar .......................................

Date Schedule 6 form FP 39 heading: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Schedule 6 form FP 39: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).
527 Schedule 6 Family Court Rules 2002 Form FP 40 Order declaring marriage or civil union to be void Sections 30 and 31, Family Proceedings Act 1980 (General heading—Form G 2) Reprinted as at 14 July 2017 r 334 On application made to it, the court, by this order, declares that the purported mar- riage or civil union that took place between the applicant and the respondent on [date] at [church, registry office, or other place at which the marriage or civil union took place] in [name of city or town, etc] to be void ab initio on the ground that [specify].
....................................... Registrar .......................................

Date Schedule 6 form FP 40 heading: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Schedule 6 form FP 40: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).
528 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 6 Form FP 41 Application without notice for issue of warrant for arrest of respondent Section 259, Child Support Act 1991; Section 134, Family Proceedings Act 1980 r 373(2) I, [full name], of [address], [occupation], swear (or affirm) that— (Front page—Form G 1) 1 or 1 2 a maintenance order was made on [date] against the respondent (and subse- quently varied) in the following terms: [set out the terms of the maintenance order together with any variations and date(s)].
a maintenance agreement between me and the respondent in the following terms (and subsequently varied) was registered on [date]: [set out the terms of agreement together with any registered variations and the date(s) of registra- tion].

I have reasonable cause to believe that the respondent is about to leave New Zealand with intent to avoid payment of maintenance in that [set out facts sup- porting the application, including the present whereabouts of the respondent, if known].
I apply for the issue of a warrant for the arrest of the respondent.

Sworn (or Affirmed) before me at [place], [date].

....................................... Signature of applicant ....................................... Judge (or Solicitor or Registrar (not being a constable)) To the Registrar District Court at [place] This application is filed by [name], whose address for service is [address].
529 Schedule 6 Family Court Rules 2002 Form FP 42 Request for issue of warrant to seize property Reprinted as at 14 July 2017 r 374 Section 259, Child Support Act 1991; Section 103, Family Proceedings Act 1980 (Front page—Form G 1) To the Registrar District Court at [place] I, [full name], of [address], the Maintenance Officer at [place] [or as the case may be], request the issue of a warrant to seize property under section 103 of the Family Proceedings Act 1980 against the respondent.
[Set out details of the maintenance order (or maintenance agreement) and any vari- ations.]

I certify— (a) (b) that payments under the order (or agreement) are in arrears and unpaid for not less than 14 days; and that there is now due and owing under the order (or agreement) the sum of $ [specify] up to [date].

....................................... Signature .......................................
Date Schedule 6 form FP 42 heading: replaced, on 14 April 2014, by rule 10(1) of the Family Courts Amendment Rules (No 3) 2013 (SR 2013/414).

Schedule 6 form FP 42: amended, on 14 April 2014, by rule 10(2) of the Family Courts Amendment Rules (No 3) 2013 (SR 2013/414).
530 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 6 Form FP 43 Warrant to seize property Section 259, Child Support Act 1991; Section 103, Family Proceedings Act 1980 r 374 To every bailiff and constable (General heading—Form G 2) Under a maintenance order (or maintenance agreement) dated [date], payments due by the respondent are, at the time of the issue of this warrant, in arrears and unpaid for not less than 14 days.
I direct you to immediately levy or cause to be levied the sum of $[specify], and the costs of the execution of this warrant, by seizure and sale of any of the respondent’s goods and chattels, except the respondent’s necessary tools of trade, to a value not ex- ceeding $500 and the respondent’s necessary household furniture and effects, includ- ing the wearing apparel of the respondent and any members of the respondent’s fami- ly, to a value not exceeding $2,000.
Under that direction, you are also authorised to seize and take away, and deliver to the Registrar of this court, any money, bank notes, bills of exchange, promissory notes, bonds, specialities, or other securities for money belonging to the respondent.

You are directed to pay what you levy to the Registrar of this court and to make return of what you do by virtue of this warrant immediately on its execution.
If insufficient goods or money can be found or if the respondent cannot be found, you are required to report back to this court and to state what your inquiries have shown.

....................................... Judge .......................................

Date Notes Sale by auction Goods seized in execution under this warrant may be sold by public auction unless a court otherwise orders.
Restriction on sale No goods seized in execution under this warrant may be sold until the expiration of a period of at least 7 days next following the day on which the goods were seized un- less— (a) the goods are of a perishable nature; or 531 Schedule 6 Family Court Rules 2002 Reprinted as at 14 July 2017 (b) the person whose goods have been seized so requests in writing.
Power of entry For the purpose of executing this warrant, you may, at any time, enter on any prem- ises, by force if necessary, if you have reasonable cause to believe that the property in respect of which it is issued is on those premises.

If any person in actual occupation of the premises requires you to produce evidence of your authority, you must produce this warrant before entering on the premises.
Endorsements A request was made to the court for the issue of this warrant at [specify minutes] mi- nutes past the hour of [specify hour] on [date] by [full name].

This warrant was received by me on [date] at [time].

....................................... Registrar ....................................... Bailiff (or Constable) [Form 74 in the District Courts Rules 1992 must be endorsed on this form if neces- sary.]
Schedule 6 form FP 43 heading: replaced, on 14 April 2014, by rule 11(1) of the Family Courts Amendment Rules (No 3) 2013 (SR 2013/414).

Schedule 6 form FP 43: amended, on 14 April 2014, by rule 11(2) of the Family Courts Amendment Rules (No 3) 2013 (SR 2013/414).

Schedule 6 form FP 43: amended, on 14 April 2014, by rule 11(3) of the Family Courts Amendment Rules (No 3) 2013 (SR 2013/414).
532 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 6 Form FP 44 Summons to attend examination as to means and default Section 259, Child Support Act 1991; Section 124(1), Family Proceedings Act 1980 r 334 (General heading—Form G 2) To ............................. ............................. ............................. *A maintenance order was made against you on [date].

*The terms of the order are [set out the terms of the maintenance order].
*A maintenance agreement between [full name] and you was registered on [date].

The terms of the agreement are [set out terms of the agreement].

*Delete if inapplicable.

The amount of $[specify] was in arrears and unpaid under the order (or agreement) on [date].

You are summoned to appear at [time] on [date] at the District Court at [place] to be examined orally as to your means and as to the reasons for your failure to pay the maintenance in arrears.
If you pay the above amount before the above date you need not appear for examination.

You must bring to the hearing any books, papers, and documents relating to your debts and to your failure to pay.

....................................... Registrar .......................................

Date Notes Representation by a lawyer You may be represented at the examination by a lawyer if you wish.

Failure to appear If you fail to appear in answer to this summons, a warrant may be issued for your arrest.
533 Schedule 6 Advice Family Court Rules 2002 Reprinted as at 14 July 2017 If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.
534 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 6 Form FP 45 Warrant to arrest respondent for examination as to means and default Section 259, Child Support Act 1991; Section 124(4), Family Proceedings Act 1980 r 334 To every constable (General heading—Form G 2) A summons was issued requiring the respondent to appear on [date] at the District Court at [place] to be examined as to the respondent’s means and as to the reasons for the respondent’s failure to pay maintenance under a maintenance order (or agree- ment).
*The examination was adjourned to [place].

*Delete if inapplicable.

The summons could not be served (or The respondent did not appear).

I direct you to arrest the respondent and bring the respondent before the court as soon as possible.

If you believe the respondent cannot be brought before the court within 72 hours after the arrest of the respondent, you need not execute the warrant immediately.

....................................... Registrar .......................................
Date 535 Schedule 6 Family Court Rules 2002 Form FP 46 Summons to witness to attend examination Reprinted as at 14 July 2017 r 334 Section 259, Child Support Act 1991; Section 126(1), Family Proceedings Act 1980 (General heading—Form G 2) To ............................. ............................. ............................. [Full name] has been summoned to appear to be examined orally as to his (or her) means and as to his (or her) reasons for failure to pay maintenance under a mainten- ance order (or agreement).
I believe— *that you have possession of books, papers, or documents relating to the affairs or property of the respondent.

*that you are capable of giving information concerning the respondent’s income from any sources or concerning the respondent’s expenditure.

You are summoned to appear as a witness at the examination at [time] on [date] at the District Court at [place].

*You are required to bring with you and produce [set out details of the books, papers, or documents].

*Delete if inapplicable.


....................................... Registrar .......................................

Date Notes Travelling expenses If you are required to travel more than 20 kilometres to attend the examination, you are entitled to a sum for expenses.

Failure to appear If you fail to appear in answer to this summons, a warrant may be issued for your arrest.
536 Reprinted as at 14 July 2017 Advice Family Court Rules 2002 Schedule 6 If you need help, consult a lawyer or contact a Family Court office immediately.
537 Schedule 6 Family Court Rules 2002 Reprinted as at 14 July 2017 Form FP 47 Warrant to arrest witness for attendance at examination of respondent Section 259, Child Support Act 1991; Section 126(4), Family Proceedings Act 1980 r 334 To every constable (General heading—Form G 2) [Full name], of [address], [occupation], was summoned to appear on [date] at [place] as a witness at an examination as to the means of the respondent and as to the reasons for the respondent’s failure to pay maintenance under a maintenance order (or agree- ment).
The witness failed to appear.

I am satisfied— (a) (b) that the summons was duly served on the witness; and that the witness was not required to travel more than 20 kilometres to attend the examination (or that expenses in accordance with the prescribed scale were tendered to the witness).

I direct you to arrest the witness, [full name], and bring him (or her) before the court as soon as possible.
If you believe that the witness cannot be brought before the court within 72 hours after the arrest of the witness, you need not execute the warrant immediately.

....................................... Registrar .......................................
Date 538 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 6 Form FP 48 Warrant to arrest respondent for attendance at contempt proceedings Section 259, Child Support Act 1991; Section 130(5), Family Proceedings Act 1980 r 334 To every constable (General heading—Form G 2) It is alleged that the respondent has wilfully disobeyed a maintenance order (or agree- ment).

As a result, an application has been made under section 130(2) of the Family Proceedings Act 1980.
The application (with its supporting affidavit) was served on the respondent but the respondent did not attend the hearing of the application on [date] at [place].

or The application (with its supporting affidavit) could not be served on the respondent.

I direct you to arrest the respondent and bring the respondent before the court as soon as possible.
If you believe that the respondent cannot be brought before the court within 72 hours after the respondent’s arrest, you need not execute the warrant immediately.

....................................... Registrar .......................................
Date 539 Schedule 6 Family Court Rules 2002 Form FP 49 Warrant for arrest of absconding respondent Reprinted as at 14 July 2017 r 334 Section 259, Child Support Act 1991; Section 134, Family Proceedings Act 1980 To every constable (General heading—Form G 2) *A maintenance order was made on [date] against the respondent (and subsequently varied) in the following terms: [set out the terms of the maintenance order together with any variations and the date(s) thereof].
or *A maintenance agreement between the applicant and the respondent in the following terms (and subsequently varied) was registered on [date]: [set out terms of agreement together with any registered variations and the date(s) of registration].

or *The applicant has applied (or is entitled to apply) for a maintenance order against the respondent in respect of [set out].
I am satisfied that there is reasonable cause to believe the respondent is about to leave New Zealand with intent to avoid payment of maintenance.

(*There being no District Court Judge available and the case appearing to be one of urgency,) I direct you to arrest the respondent and bring the respondent before a Dis- trict Court as soon as possible.

*Delete if inapplicable.

....................................... Judge (or Registrar (not being a constable)) .......................................
Date 540 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 6 Form FP 49A Warrant to prevent concealment of whereabouts of child r 334 Section 117, Care of Children Act 2004 (General heading—Form G 2) To every constable (or social worker).
I am satisfied on the application made on oath of [full name], of [address], [occupa- tion], that with regard to [full name], a child aged [specify] years,— (a) (b) an application under section 103 of the Care of Children Act 2004 (which re- lates to a child abducted to New Zealand) has been made to, and received by, the Authority; and there are reasonable grounds for believing that a person will attempt to conceal the whereabouts of the child with intent to, or in circumstances where the con- cealment would be likely to, defeat the claim of the applicant.
The child is said to be in the care of [full name] of [address].

(*There being no District Court Judge or Family Court Judge available,) I direct you to take possession of the child and place the child in the care of some suitable person pending the order or further order of the court having jurisdiction in the case.
For the purpose of executing this warrant, you are authorised by section 75(1) of the Care of Children Act 2004 to enter and search any building, aircraft, ship, vehicle, premises, or place, with or without assistance, and by force if necessary.

You are required to have this warrant with you when executing it and to produce it on initial entry and, if requested, at any later time.

You must also comply with any other applicable requirements of section 75(2) of the Care of Children Act 2004.
When you have executed this warrant in accordance with the direction, you must ad- vise this court immediately of the name and address of the person with whom you have placed the child.

*Delete if inapplicable.

....................................... Judge (or Registrar of a District Court (not being a constable)) .......................................
Date 541 Schedule 6 Family Court Rules 2002 Reprinted as at 14 July 2017 Notes Arrest of person resisting execution of warrant Under section 79 of the Care of Children Act 2004, you commit an offence for which you may be sentenced to imprisonment if you knowingly resist or obstruct a person executing this warrant, or knowingly fail or refuse to afford a person of that kind im- mediate entrance to (all or a part of) any premises.
Under section 315(2) of the Crimes Act 1961, a constable (and persons the constable calls to his or her assistance) may arrest and take into custody without a warrant a person whom the constable finds committing or has good cause to suspect of having committed an offence punishable by imprisonment.
Use of a faxed copy of warrant If use of a faxed copy of this warrant is authorised by an authority to prevent delay in execution of the warrant, the authority must, under section 76 of the Care of Children Act 2004, write and sign a note on the front of the warrant stating— (a) (b) the fact that a faxed copy of the warrant may be used for the purpose of execut- ing the warrant; and the date and time at which the authorisation expires, which must be the close of the third day after the day on which the authorisation is granted.
Schedule 6 form FP 49A: inserted, on 1 July 2005, by rule 36 of the Family Courts Amendment Rules 2005 (SR 2005/101).

542 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 6 Form FP 49B Warrant to enforce order for return of child Section 119, Care of Children Act 2004 (General heading—Form G 2) r 334 To every constable (or social worker).
(*On the application of [full name], of [address], [occupation],) I authorise you to take possession of [full name], a child aged [specify] years, and to deliver him (or her) to [full name], of [address], for the purpose of returning the child in accordance with an order made in the [court] at [place] on [date] under section 105(2) of the Care of Children Act 2004 (which relates to the return of a child abducted to New Zealand).

The child is said to be in the care of [full name] of [address].
For the purpose of executing this warrant, you are authorised by section 75(1) of the Care of Children Act 2004 to enter and search any building, aircraft, ship, vehicle, premises, or place, with or without assistance, and by force if necessary.

You are required to have this warrant with you when executing it and to produce it on initial entry and, if requested, at any later time.

You must also comply with any other applicable requirements of section 75(2) of the Care of Children Act 2004.
*Delete if inapplicable.

....................................... Judge .......................................

Date Notes Arrest of person resisting execution of warrant Under section 79 of the Care of Children Act 2004, you commit an offence for which you may be sentenced to imprisonment if you knowingly resist or obstruct a person executing this warrant, or knowingly fail or refuse to afford a person of that kind im- mediate entrance to (all or a part of) any premises.
Under section 315(2) of the Crimes Act 1961, a constable (and persons the constable calls to his or her assistance) may arrest and take into custody without a warrant a person whom the constable finds committing, or has good cause to suspect of having committed, an offence punishable by imprisonment.
543 Schedule 6 Family Court Rules 2002 Reprinted as at 14 July 2017 Use of a faxed copy of warrant If use of a faxed copy of this warrant is authorised by an authority to prevent delay in execution of the warrant, the authority must, under section 76 of the Care of Children Act 2004, write and sign a note on the front of the warrant stating— (a) (b) the fact that a faxed copy of the warrant may be used for the purpose of execut- ing the warrant; and the date and time at which the authorisation expires, which must be the close of the third day after the day on which the authorisation is granted.
Schedule 6 form FP 49B: inserted, on 1 July 2005, by rule 36 of the Family Courts Amendment Rules 2005 (SR 2005/101).
544 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 6 Form FP 50 Attachment order Section 259, Child Support Act 1991; Section 105, Family Proceedings Act 1980 r 334 (General heading—Form G 2) By a maintenance order made (or maintenance agreement registered) on [date] (and subsequently varied), the respondent was ordered (or agreed) to pay towards the future support of [set out terms of order or agreement and any variations].
The court is satisfied that [full name] is the employer of the respondent.

The court orders that money due and payable, or at any time becoming due and pay- able, under the maintenance order (or agreement) must, by way of weekly payments of $[specify] per week, be a charge on any salary or wages that from time to time while this attachment order remains in force, become due and payable by the employ- er to the respondent.
The protected earnings rate, below which the net earnings paid to the respondent shall not be reduced by reason of compliance with the order, is $[specify] per week.
The charge created attaches to all wages or salary that become due and payable by the employer to the respondent at any time while this attachment order remains in force, whether or not the contract of employment in respect of which the salary became due existed at the date of this order, and provides over and priority to any assignment made or charge created by the respondent, whether before or after the making of this order.
While this order remains in force, the employer must from time to time, whenever any money becomes due and payable by the employer to the respondent by way of wages or salary, deduct from it the sum of $[specify] per week.

In any week, the em- ployer must not deduct an amount that reduces the net earnings paid to the respondent below the protected earnings rate.

The first deduction must be made on the pay day following the date on which a copy of this order is served on the employer.
A deduction must be made on every subse- quent pay day.

The money deducted must be paid to a maintenance officer at any office of the Ministry of Social Development [or as the court may direct] within 14 days.

....................................... Registrar .......................................
Date 545 Schedule 6 Family Court Rules 2002 Reprinted as at 14 July 2017 Notice to employer An employer, in making any deduction or payment under this order, is not re- quired to inquire whether any money is due and payable under the maintenance order (or agreement).
Every employer commits an offence and is liable to a fine not exceeding $200 who, without reasonable excuse, fails to deduct from any money due and pay- able to the employee the sum that is sufficient to satisfy the charge on the money so far as the same has accrued before the day on which the salary or wages become due and payable.
Every employer commits an offence and is liable to a fine not exceeding $200 who, without reasonable excuse, fails within 14 days after deducting any sum from the wages or salary of an employee to pay the sum deducted to the person specified in the order.
Every employer commits an offence and is liable to a fine not exceeding $500 who dismisses any employee or alters any employee’s position in the employ- er’s business or undertaking to the employee’s prejudice by reason of an attach- ment order having been served on the employer.
If a respondent in respect of whom an attachment order is in force leaves or is dismissed from the respondent’s employment, the employer is required, within 7 days from that date, to notify a maintenance officer at any office of the Min- istry of Social Development.

If you need help, consult a lawyer or contact a Family Court office or an office of the Ministry of Social Development immediately.
Schedule 6 form FP 50: amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).
546 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 6 Form FP 51 Charging order Section 259, Child Support Act 1991; Section 118, Family Proceedings Act 1980 r 334 (General heading—Form G 2) By a maintenance order made (or maintenance agreement registered) on [date] (and subsequently varied), the respondent was ordered (or agreed) to pay maintenance as follows: [set out terms of order (or agreement) and any variations].
The court is satisfied that the respondent is entitled to the following property: [de- scribe property to be charged and, if the order binds the Crown, particulars required by section 120 of the Family Proceedings Act 1980].
The court orders that the money payable or to become payable under the maintenance order (or agreement) must be a charge on the property described above and, subject in the case of any real property described above and, subject in the case of any real property to registration of a duplicate or copy of this order under the seal of the court against the appropriate title to the land [or as the case may require] the property is charged in favour of [full name], to whom for the time being and from time to time the money is or becomes payable.
....................................... Registrar .......................................
Date 547 Schedule 6 Family Court Rules 2002 Form FP 52 Receiving order Reprinted as at 14 July 2017 r 334 Section 259, Child Support Act 1991; Section 121, Family Proceedings Act 1980 (General heading—Form G 2) By a maintenance order made (or maintenance agreement registered) on [date] (and subsequently varied), the respondent was ordered (or agreed) to pay maintenance as follows: [set out terms of order (or agreement) and any variations].
On [date], an order was made that money payable or to become payable under the maintenance order (or agreement) must be a charge on the following property to which the respondent is entitled: [describe the property charged.]

That charge is in favour of [full name], being the person to whom for the time being and from time to time the money is or becomes payable.
The court is satisfied that payments due under the maintenance order (or agreement) are in arrears and unpaid and that there is due and payable the sum of $[specify]— *and is satisfied that a copy of the charging order has been registered against the ap- propriate title to the land described above [or as the case may be].

†and is satisfied that a copy of the charging order has been served on the respondent.
‡and that the proposed receiver has entered into and filed a bond to the satisfaction of the Registrar for the due administration of his or her receivership.

The court orders that [full name and description of receiver] are the receivers of [de- scribe terms of order].
Subject to the provisions of the Family Proceedings Act 1980, all money received by the receiver in the exercise of his or her powers must, after payment of all expenses incurred by him or her and of the remuneration (if any) that may be allowed by the court (or if Public Trust is receiver, as provided by or under the Public Trust Act 2001) be held by the receiver in trust— to pay and satisfy all money from time to time accruing due under the mainten- ance order (or agreement): to hold the residue of the money so received until the charging order or this re- ceiving order is discharged, or the court sooner directs, and when that happens, to pay it to the person who would be entitled to the money if no such charging or receiving order was in force.
....................................... Registrar .......................................

Date (a) (b) 548 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 6 *Delete if charging order does not include a charge over any real property.

†Delete if order is not made on ex parte application.

‡Delete if the receiver is Public Trust, the Māori Trustee, or a trustee company within the meaning of the Trustee Companies Act 1967.
Schedule 6 form FP 52: amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).
549 Schedule 7 Family Court Rules 2002 Reprinted as at 14 July 2017 Schedule 7 Forms for proceedings under Family Protection Act 1955 and Law Reform (Testamentary Promises) Act 1949 Notice of application to respondent rr 62(2), 378 Page 551 Notice of application to respondent residing outside New Zealand 553 FP and TP 1 FP and TP 2 550 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 7 Form FP and TP 1 Notice of application to respondent (General heading—Form G 2) r 32(2)(b) *To [name of respondent] *Repeat if more than 1 respondent.
Notification of application for order [Full name], the applicant, has filed an application in this court.

A copy of the application is attached.

The order or orders sought by the applicant are specified in the application.
Notice of defence or notice of intention to appear If you wish to defend the application, you must, within 21 days after the date on which you receive this notice,— (a) (b) file a notice of defence in this office of the court; and serve a copy of the notice of defence on the other party (or parties) to the pro- ceedings.

The copy may be delivered to the address for service given by the applicant (or other parties).
If, instead of filing a notice of defence, you wish to appear at the hearing of the appli- cation to either support or oppose the application, you must, within 21 days after the date on which you receive this notice,— (a) (b) file a notice of intention to appear in this office of the court; and serve a copy of the notice of intention to appear on the applicant (or other par- ties) to the proceedings.

That copy may be delivered to the address for service given by the applicant (or other parties).
At the same time as serving a copy of the notice of intention to appear, you may also serve affidavits in support of any matters referred to in the notice.

Whether or not you file and serve a notice of defence or a notice of intention to ap- pear, you may attend the court when the application is heard to defend the application.

However, if you have not filed and served a notice of defence or a notice of intention to appear, you may be liable to pay the costs incurred because of that failure.
Address for service If you do not wish to defend the application but you do wish to know what is happen- ing, you must— (a) file in this office of the court a notice giving the address of a place in New Zea- land at which documents may be left for you; and 551 Schedule 7 Family Court Rules 2002 Reprinted as at 14 July 2017 (b) serve a copy of the notice on the applicant (or other parties) to the proceedings.

That copy may be delivered to the address for service given by the applicant (or other parties).
Assistance A lawyer will prepare a notice of defence or notice of intention to appear for you.

If you want a lawyer but think you cannot afford one, contact an office of the Family Court immediately.

You may also see a specimen form of a notice of defence and no- tice of intention to appear at any office of the Family Court.

Liability as witness Even if you take no action, the court may summon you as a witness to help it deal with the application.
Copies of orders You will get a copy of any orders made against you.

However, any order will prob- ably be in force from the time it is made.

The fact that you have not got a copy of the order will not be an excuse for not obeying it.

Advice If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm Mondays to Fridays inclusive.
....................................... Registrar .......................................

Date 552 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 7 Form FP and TP 2 Notice of application to respondent residing outside New Zealand r 32(2)(b) (General heading—Form G 2) To [name of respondent] Notification of application for order [Full name], the applicant, has filed an application in this court.

A copy of the application is attached.


The order(s) sought by the applicant is (or are) specified in the application.

Jurisdiction of court The court may make an order for [specify] if [set out the bases for jurisdiction in re- spect of the order(s) sought, following closely the relevant provisions in the Law Re- form (Testamentary Promises) Act 1949 or the Family Protection Act 1955 or both].
Notice of defence or notice of intention to appear If you wish to defend the application or be heard on it, you must, either directly or through a lawyer in the place where you are, send authority to a lawyer in New Zea- land instructing him or her to act for you.
If you wish to defend the application, you must, within [number] days after the date on which you receive this notice,— (a) (b) file a notice of defence in this office of the court; and serve a copy of the notice of defence on the other party (or parties) to the pro- ceedings.

The copy may be delivered to the address for service given by the applicant (or other parties).
If, instead of filing a notice of defence, you wish to appear at the hearing of the appli- cation to either support or oppose the application, you must, within [number] days after the date on which you receive this notice,— (a) (b) file a notice of intention to appear in this office of the court; and serve a copy of the notice of intention to appear on the applicant (or other par- ties) to the proceedings.

The copy may be delivered to the address for service by the applicant (or other parties).
At the same time as serving a copy of the notice of intention to appear, you may also serve affidavits in support of any matters referred to in the notice.

Whether or not you file and serve a notice of defence or a notice of intention to ap- pear, you may attend the court when the application is heard to defend the application.

However, if you have not filed and served a notice of defence or a notice of intention to appear, you may be liable to pay the costs incurred because of that failure.
553 Schedule 7 Family Court Rules 2002 Reprinted as at 14 July 2017 Address for service If you do not wish to defend the application or to appear before the Family Court at the hearing of the application but you do wish to know what is happening, you must— (a) (b) file in this office of the court a notice giving the address of a place in New Zea- land at which documents may be left for you; and serve a copy of the notice on the applicant (or other parties) to the proceedings.
That copy may be delivered to the address for service given by the applicant (or other parties).

Copies of orders You will get a copy of any orders made against you.

However, any order will prob- ably be in force from the time it is made.

The fact that you have not got a copy of the order will not be an excuse for not obeying it.

Advice If you need help, consult a lawyer in the place where you are immediately.
If you intend to employ a lawyer in New Zealand, ask about your eligibility for legal aid in this country.

Respondents served in Australia under Trans-Tasman Proceedings Act 2010 If you are served in Australia and under section 13 of the Trans-Tasman Proceedings Act 2010 of New Zealand, this notice is affected by that Act and the information that section 15 of that Act requires to be served on you.
By virtue of that Act you may, for example,— • • • respond to the application by taking steps yourself or by using an Australian lawyer (rather than by instructing a New Zealand lawyer to act for you); and respond within a period that is at least 30 working days after the day on which you were served; and give an address for service that is an address of a place in Australia or New Zealand.

....................................... Registrar .......................................
Date Schedule 7 form FP and TP 2: amended, on 11 October 2013, by rule 21 of the Family Courts (Trans- Tasman Proceedings Act 2010) Amendment Rules 2013 (SR 2013/347).
554 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 8 Schedule 8 Forms for proceedings under Property (Relationships) Act 1976 P(R) 1 Affidavit of assets and liabilities P(R) 2 Notice to respondent of application P(R) 3 Order to attend for examination P(R) 4 Warrant to arrest respondent for examination P(R) 5 Summons to witness to attend examination P(R) 6 Warrant to arrest witness for attendance at examination rr 62(2), 389 Page 556 565 568 569 570 572 555 Schedule 8 Family Court Rules 2002 Form P(R) 1 Affidavit of assets and liabilities Property (Relationships) Act 1976 (Front page—Form G 1) Reprinted as at 14 July 2017 r 398 I, [full name, address, occupation], swear/affirm* that— 1 2 My assets and liabilities are as described in paragraphs 4 to 9.
I am aware that making a false statement in this affidavit could result in any order of the court being set aside and criminal proceedings being brought against me.

*Select one.

Assets I have no interest in any assets other than the assets described in paragraph 4.
My assets are as follows: (a) Family home or homestead Location: LINZ title reference: All names on title: My legal and beneficial interest in the property: Value at end of marriage, civil union, or de facto relationship: Value at date of affidavit: (b) Land and buildings Location: LINZ title reference: All names on title: My legal and beneficial interest in the property: Value at end of marriage, civil union, or de facto relationship: Value at date of affidavit: [If you claim this as your separate property, explain why] (c) Household chattels Location: Share owned by me: Value at end of marriage, civil union, or de facto relationship: Value at date of affidavit: 3 4 556 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 8 Chattels claimed as separate property: [list chattels and explain why you claim them as separate property] (d) Superannuation Name of owner of scheme or schemes: Policy name and/or number: Proportion of value claimed as separate property: How proportion was calculated: Value at start of marriage, civil union, or de facto relationship: Value at end of marriage, civil union, or de facto relationship: Value at date of affidavit: (e) KiwiSaver Name of owner of scheme or schemes: Policy name and/or number: Proportion of value claimed as separate property: How proportion was calculated: Value at start of marriage, civil union, or de facto relationship: Value at end of marriage, civil union, or de facto relationship: Value at date of affidavit: (f) Money in bank accounts Bank: Name of account: Account No: Nobody else has an interest in this account/Another person has or other persons have an interest in this account* *Select one.
Share of this account owned by me: Value at end of marriage, civil union, or de facto relationship: Value at date of affidavit: [If this account is claimed as your separate property, explain why] (g) Cash in excess of $300 Location: Currency held in: Amount: Nobody else has an interest in this cash/Another person has or other per- sons have an interest in this cash* 557 Schedule 8 Family Court Rules 2002 Reprinted as at 14 July 2017 *Select one.
Share of this cash owned by me: [If this cash is claimed as your separate property, explain why] (h) Details of any money owed to me Name and address of borrower: Amount borrowed: Balance outstanding at end of marriage, civil union, or de facto relation- ship: Balance outstanding at date of affidavit: Nobody else has an interest in this amount/Another person has or other persons have an interest in this amount* *Select one.
Share of this amount owed to me: [If this amount is claimed as your separate property, explain why] (i) Government stock, debentures, or bonds Name of investment: Type of investment: Size of holding: Value at end of marriage, civil union, or de facto relationship: Value at date of affidavit: Name of any other account holder (if applicable): Value of my interest at date of affidavit: Value of my interest at end of marriage, civil union, or de facto relation- ship: [If this investment is claimed as your separate property, explain why] (j) Company shares, debentures, or bonds Name of investment: Type of investment: Size of holding: Current value: Name of any other account holder (if applicable): Value of my interest at end of marriage, civil union, or de facto relation- ship: Value of my interest at date of affidavit: [If this investment is claimed as your separate property, explain why] 558 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 8 (k) Plant and machinery Description: Share owned by me: Value at end of marriage, civil union, or de facto relationship: Value at date of affidavit: [If this is claimed as your separate property, explain why] (l) Livestock Description: Share owned by me: Value at end of marriage, civil union, or de facto relationship: Value at date of affidavit: [If livestock is claimed as your separate property, explain why] (m) Interest in business, partnership, stock-in-trade, or venture Name of business/partnership/venture: Nature of the business and principal sources of income for the venture and for me: [briefly describe] I am a [specify whether you are a sole trader, partner, or shareholder].
Extent of my interest in the business: [specify interest if a partner or shareholder].
Value at end of marriage, civil union, or de facto relationship: Value at date of affidavit: Date at which next annual financial statements for the business, partner- ship, or venture will be available: [If this interest is claimed as your separate property, explain why] (n) Motor vehicles Description: Registered owner: Share owned by me: Value at end of marriage, civil union, or de facto relationship: Value at date of affidavit: [If motor vehicle is claimed as your separate property, explain why] (o) Life insurance policy Owner of policy: Life assured: Insurance company: 559 Schedule 8 Family Court Rules 2002 Reprinted as at 14 July 2017 Policy number: Share owned by me: Value at start of marriage, civil union, or de facto relationship: Value at end of marriage, civil union, or de facto relationship: Value at date of affidavit: Proportion of value claimed as relationship property and proportion of value claimed as separate property: How proportion was calculated: (p) Insurance claims outstanding for events that occurred during rela- tionship Owner of policy: Item/property insured: Insurance company: Policy number: Amount of claim: Date and amount of payment of claim: Share owned by me: Proportion of value claimed as relationship property and proportion of value claimed as separate property: How proportion was calculated: (q) Claims for compensation or damages outstanding for events that oc- curred during relationship Description: Amount of claim: Date and amount of payment of claim: Share owned by me: Proportion of value claimed as relationship property and proportion of value claimed as separate property: How proportion was calculated: (r) Interest in estate Description (including whether the interest is a legal or beneficial inter- est): My share: Value at end of marriage, civil union, or de facto relationship: Value at date of affidavit: [If claimed as your separate property, explain why] 560 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 8 (s) Interest in trust Description (including whether
 the interest is a legal or beneficial inter- est): My share: Value at end of marriage, civil union, or de facto relationship: Value at date of affidavit: [If claimed as your separate property, explain why] (t) Accumulated benefits due to me as an employee or customer Description: Value at end of marriage, civil union, or de facto relationship: Value at date of affidavit: [If claimed as your separate property, explain why] (u) Tax refund due to me at end of relationship Amount due: Date and amount paid or credited: (v) Any other property or asset not specified above that is, or could be, the subject of an order in the proceedings Description: Share owned by me: Value at end of marriage, civil union, or de facto relationship: Value at date of affidavit: [If claimed as your separate property, explain why] 5 6 7 8 Valuations of items described in paragraph 4(a), (b), (c), (d), (k), (l), and (n) are attached and marked A, B, C, D, E, F, and G respectively.
The proof of deposits or holdings of items in paragraph 4(e), (f), (h), (i), and (j) are attached and marked H, I, J, K, and L respectively.
The most recent annual financial statements for the items described in para- graph 4(m) are attached and marked M. Copies of the trust deeds for items in paragraph 4(s) are attached and marked N. Liabilities 9 My liabilities are as follows: (a) Mortgages secured over family home Mortgagee: Mortgagor: Amount owing at end of marriage, civil union, or de facto relationship: 561 Schedule 8 Family Court Rules 2002 Reprinted as at 14 July 2017 Amount owing at date of affidavit: (b) Mortgages secured over any other land or buildings Property: Mortgagee: Mortgagor: Amount owing at end of marriage, civil union, or de facto relationship: Amount owing at date of affidavit: (c) Bank overdrafts or term loans Account in the name of: Bank: Account No: Amount owing at end of marriage, civil union, or de facto relationship: Amount owing at date of affidavit: (d) Loans secured over chattels, plant, machinery, or livestock Property: Name of borrower: Lender: Account No: Amount owing at end of marriage, civil union, or de facto relationship: Amount owing at date of affidavit: (e) Hire purchase loans Goods: Name of borrower: Lender: Account No: Amount owing at end of marriage, civil union, or de facto relationship: Amount owing at date of affidavit: (f) Credit card debt Name of account: Bank: Account No: Amount owing at end of marriage, civil union, or de facto relationship: Amount owing at date of affidavit: (g) Other loans Lender: 562 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 8 Borrower: Reference number (if any): Amount owing at end of marriage, civil union, or de facto relationship: Amount owing at date of affidavit: (h) Money owed to Inland Revenue Department Type of tax owed: Person liable: Amount owing at end of marriage, civil union, or de facto relationship: Amount owing at date of affidavit: (i) Unsecured debts Lender: Evidence of debt (if any): Amount owing at end of marriage, civil union, or de facto relationship: Amount owing at date of affidavit: (j) Any other liabilities not falling within any of the preceding para- graphs Nature of liability: Evidence of liability (if any): To whom owing: Amount owing at end of marriage, civil union, or de facto relationship: Amount owing at date of affidavit: 10 Statements verifying balances are attached and marked [insert numbers for each attachment].
Income 11 Since the end of my marriage, civil union, or de facto relationship, I have not earned or received any income other than as set out below from an asset de- scribed in paragraph 4 or from other sources: Source: Amount: Capital payments 12 Since the end of my marriage, civil union, or de facto relationship, I have made the following capital payments to an asset described in paragraph 4: Asset: Amount paid: 563 Schedule 8 Family Court Rules 2002 Reprinted as at 14 July 2017 Assets disposed of 13 Since the end of my marriage, civil union, or de facto relationship, I have not sold or otherwise disposed of (or agreed to sell or dispose of) any asset in which I had an interest at the date on which my marriage, civil union, or de facto relationship ended, other than the following: Asset: Date: Amount received or to be received: Disposition of amount: Assets acquired 14 Since the end of my marriage, civil union, or de facto relationship, I have not acquired or agreed to acquire any assets using relationship property, other than the following: Asset: Mode of acquisition: Amount paid or to be paid: Value at date of affidavit: Signature of deponent: Sworn/Affirmed* at [place, date] *Select one.
Before me: [name, signature] (a solicitor of the High Court/Registrar/Justice of the Peace*) *Select one.

Schedule 8 form P(R) 1: replaced, on 31 March 2014, by rule 45 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
564 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 8 Form P(R) 2 Notice to respondent of application Property (Relationships) Act 1976 (General heading—Form G 2) rr 32(2)(b), 389 To ............................. ............................. ............................. [Full name], the applicant, has filed an application in this court.

A copy of the appli- cation is attached.

The order(s) or declaration(s) sought by the applicant is (or are) specified in the application.
Notice of defence If you wish to defend the application, you must, within 21 days after the date on which you receive this notice— (a) (b) file a notice of defence in this office of the Family Court; and serve a copy of the notice of defence on the applicant.

Affidavit in support A copy of an affidavit filed by the applicant in support of his (or her) application is also attached.
You must, within 20 working days of the date on which you receive the attached ap- plication, file an affidavit in support of the facts you rely on.

See rule 392(3) of the Family Courts Rules 2002.
Your affidavit in support must have a front page (in form G 1) and include informa- tion about any of the following matters that are relevant to your case— (a) (b) (c) (d) (e) when the marriage or civil union or relationship began, and the duration of the marriage or civil union or relationship: the parties and their property: children of the marriage or civil union or relationship: proposed arrangements for the division of property: if the application is one that relates to the estate of a deceased spouse or part- ner,— (i) whether the deceased died testate or intestate; and (ii) whether the survivor of the deceased spouse or partner has chosen option A or option B: (f) matters in issue between the applicant and you.
565 Schedule 8 Family Court Rules 2002 Reprinted as at 14 July 2017 Your affidavit in support may have annexed to it a copy of any document you rely on.

See rule 392(4)(b).

You must, within 20 working days of the date on which you receive the attached ap- plication, serve a copy of your affidavit in support on the applicant.

Affidavit disclosing assets and liabilities *An affidavit of assets and liabilities filed by the applicant is also attached.
You must, within 20 working days (or [specify number of days specified by Judge]) of receiving the applicant’s affidavit of assets and liabilities, file an affidavit of your assets and liabilities (in form P(R) 1).

*In the 20 working days (or [specify number of days specified by Judge]) following [specify date on which application was filed] the applicant must file an affidavit of assets and liabilities.
You must, within 20 working days (or [specify number of days specified by Judge]) of receiving the applicant’s affidavit of assets and liabilities, file an affidavit of your assets and liabilities (in form P(R) 1).

*Delete if inapplicable.

You must, within 20 working days of receiving the applicant’s affidavit of assets and liabilities, serve a copy of your affidavit of assets and liabilities on the applicant.
How case will proceed The date set out on the foot of the application is the date when a Registrar will moni- tor compliance with the Family Courts Rules 2002 and make directions about how the case will proceed.

It is not necessary for you or your lawyer to attend on that date, but if you oppose the application and have filed a notice of defence, you may advise the court of any directions that you seek on that date.
Address for service If you have not already filed in this office of the Family Court an address in New Zea- land at which documents may be left for you, you must include an address for service in your affidavit of assets and liabilities.

If you do not file an address for service, the case may proceed without further notice to you.

Copies of orders You will receive a copy of any order made against you.

However, any order will prob- ably be in force from the time it is made.
The fact that you have not got a copy of the order will not be an excuse for not obeying it.

Advice If you need help, consult a lawyer or contact a Family Court office immediately.

566 Reprinted as at 14 July 2017 Office hours Family Court Rules 2002 Schedule 8 The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.

....................................... Registrar .......................................
Date Schedule 8 form P(R) 2: amended, on 26 April 2005, by section 8(1) of the Relationships (Statutory References) Act 2005 (2005 No 3).

Schedule 8 form P(R) 2: amended, on 26 April 2005, by section 8(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).
567 Schedule 8 Family Court Rules 2002 Form P(R) 3 Order to attend for examination Property (Relationships) Act 1976 (General heading—Form G 2) Reprinted as at 14 July 2017 r 400(4) To the respondent *You have failed to file an affidavit of assets and liabilities as required by rule 398 of the Family Courts Rules 2002.

*You have failed to file a sufficient affidavit of assets and liabilities as required by rule 398 of the Family Courts Rules 2002.
You are ordered to attend for examination by the Family Court as to any or all of the matters required to be disclosed in an affidavit of assets and liabilities under the Fam- ily Courts Rules 2002.

You are ordered to appear at [time] on [date] at the Family Court at [place].

If you file a sufficient affidavit of assets and liabilities before the above date, you need not appear for examination.

*You are ordered to bring to the examination any books or documents relating to your property.
*Delete if inapplicable.

....................................... Registrar .......................................

Date Note Representation by a lawyer You may, if you wish, be represented at the examination by a lawyer.

Failure to appear If you fail to appear in answer to this order, a warrant may be issued for your arrest.

Advice If you need help, consult a lawyer or contact a Family Court office immediately.
Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.
568 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 8 Form P(R) 4 Warrant to arrest respondent for examination Property (Relationships) Act 1976 (General heading—Form G 2) r 400(5) To every constable An order was made on [date] requiring the respondent, [full name], to appear on [date] at the Family Court at [place] to be examined as to any or all of the matters required to be disclosed in an affidavit of assets and liabilities under the Family Courts Rules 2002.
*The examination was adjourned to [date].

*Delete if inapplicable.

The order could not be served (or The respondent did not appear).

I direct you to arrest the respondent and bring the respondent before a Family Court as soon as possible.

If you believe the respondent cannot be brought before a Family Court within 72 hours after the arrest of the respondent, you need not execute the warrant immediate- ly.
This warrant ceases to have effect if a sufficient affidavit of assets and liabilities is filed by the respondent.

....................................... Judge .......................................
Date 569 Schedule 8 Family Court Rules 2002 Form P(R) 5 Summons to witness to attend examination Property (Relationships) Act 1976 (General heading—Form G 2) Reprinted as at 14 July 2017 r 402(1) To ............................. ............................. ............................. [Full name] has been ordered to attend for examination as to any or all of the matters required to be disclosed in an affidavit of assets and liabilities under the Family Courts Rules 2002.
I believe— *that you have possession of books, papers, or documents relating to the affairs or property of the respondent.

*that you are capable of giving information concerning the respondent’s property or the respondent’s liabilities.

You are summoned to appear as a witness at the examination at [time] on [date] at the Family Court at [place].

*You are required to bring with you and produce [set out details of the book, paper, or document].

*Delete if inapplicable.


....................................... Judge (or Registrar) .......................................

Date Notes Travelling expenses If you are required to travel more than 20 kilometres to attend the examination, you are entitled to a sum for expenses.

Failure to appear If you fail to appear in answer to this order, a warrant may be issued for your arrest.

Advice If you need help, consult a lawyer or contact a Family Court office immediately.
570 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 8 Schedule 8 form P(R) 5: amended, on 3 August 2009, by rule 16 of the Family Courts Amendment Rules 2009 (SR 2009/185).
571 Schedule 8 Family Court Rules 2002 Form P(R) 6 Warrant to arrest witness for attendance at examination Reprinted as at 14 July 2017 r 402(4) Property (Relationships) Act 1976 (General heading—Form G 2) To every constable [Full name], of [address], [occupation], was summoned to appear on [date] at [place] as a witness at an examination of the respondent as to any or all of the matters re- quired to be disclosed in an affidavit of assets and liabilities under the Family Courts Rules 2002.
The witness failed to appear.

I am satisfied— (a) (b) that the summons was duly served on the witness; and that the witness was not required to travel more than 20 kilometres to attend the examination (or that expenses in accordance with the prescribed scale were tendered to the witness).

I direct you to arrest the witness, [full name], and bring him (or her) before a Family Court as soon as possible.
If you believe that the witness cannot be brought before the Family Court within 72 hours after the arrest of the witness, you need not execute the warrant immediately.

This warrant ceases to have effect if a sufficient affidavit of assets and liabilities is filed by the respondent.

....................................... Judge .......................................
Date 572 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 9 Schedule 9 Forms for proceedings under Protection of Personal and Property Rights Act 1988 PPPR 1 Front page for documents filed in court under Protection of Personal and Property Rights Act 1988 PPPR 2 Heading of documents issued by court or Registrar under Protection of Personal and Property Rights Act 1988 PPPR 3 Application for personal order in respect of applicant PPPR 4 Application for personal order PPPR 5 Application for order to administer property of applicant PPPR 6 Application for order to administer property PPPR 7 Application for appointment of welfare guardian for applicant PPPR 8 Application for appointment of welfare guardian PPPR 9 Application for appointment of welfare guardian to ensure compliance with personal order PPPR 10 Application for property order in respect of applicant’s property PPPR 11 Application for property order PPPR 12 Application for appointment of welfare guardian and manager in respect of applicant PPPR 13 Application for appointment of welfare guardian and manager PPPR 14 Information sheet to accompany applications under Protection of Personal and Property Rights Act 1988 PPPR 15 Notice to respondent of application under Protection of Personal and Property Rights Act 1988 PPPR 16 Statement of consent to appointment as welfare guardian PPPR 17 Statement of consent to appointment as manager PPPR 18 Summons to party to attend pre-hearing conference PPPR 19 Personal order PPPR 20 Order to administer property PPPR 21 Order for appointment of welfare guardian PPPR 22 Order for appointment of manager PPPR 23 Application by attorney for directions PPPR 24 Application for exercise of court’s jurisdiction in respect of enduring power of attorney rr 62(2), 406 Page 575 576 577 579 582 584 587 589 592 594 596 599 602 606 608 610 611 612 613 615 616 618 620 623 573 Schedule 9 Family Court Rules 2002 Reprinted as at 14 July 2017 PPPR 25 Application for review of attorney’s decision 628 574 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 9 Form PPPR 1 Front page for documents filed in court under Protection of Personal and Property Rights Act 1988 In the Family Court at [place] rr 72(1)(a), 406 PPPR No:................... [full name, address, and occupation of applicant] Applicant [full name, address, and occupation of person in respect of whom this application is made] Person the application is about [set out full description of document (including whether it is made with or without no- tice), its date, and, in the case of an affidavit or affirmation, the name of the deponent and in whose support it is filed] This document is filed by [name and address for service, and, if filed by lawyers, the name and telephone number of the acting lawyer].
575 Schedule 9 Family Court Rules 2002 Reprinted as at 14 July 2017 Form PPPR 2 Heading of documents issued by court or Registrar under Protection of Personal and Property Rights Act 1988 In the Family Court at [place] rr 73(1)(a), 406 PPPR No:................... [full name, address, and occupation of applicant] Applicant *[full name, address, and occupation of person in respect of whom this application is made] Person the application is about *Delete if the person in respect of whom the application is made is the applicant.
576 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 9 Form PPPR 3 Application for personal order in respect of applicant r 406 Section 10, Protection of Personal and Property Rights Act 1988 [Note: This form may be used only if the applicant seeks, in respect of himself or her- self, a personal order of one of the kinds listed below.]
I, [full name], apply for the following order(s) in respect of myself: (Front page—Form PPPR 1) *(a) *(b) *(c) *(d) *(e) *(f) *(g) *(h) *(i) an order that I receive appropriate remuneration for work performed or to be performed by me: an order that my parent, [full name], make suitable arrangements for my per- sonal care after his (or her) death: an order that the arrangements made by my parent, [full name], for my personal care after his (or her) death be observed (or be varied) as follows: [set out the way in which you wish the arrangements to be observed or varied]: an order that I must enter, attend at, or leave the following institution: [name of institution]: an order that I be provided with living arrangements of the following kind: [specify the kind of living arrangements with which you wish to be provided]: an order that I be provided with medical advice of the following kinds: [specify the kind(s) of medical advice you wish to receive]: an order that I be provided with educational, rehabilitative, therapeutic, or other services of the following kind(s): [specify the kind(s) of service you wish to re- ceive]: an order that I must not leave New Zealand without the court’s permission (or only on the following conditions): [specify the conditions on which you should, in your opinion, be able to leave New Zealand]: an order appointing [full name] as next friend (or guardian ad litem) for me for the purposes of the following District Court proceedings: [specify the nature of the proceedings, and the District Court in which they are to be held].
*Delete if inapplicable.

This application is made on the following ground: either *I wholly (or partly) lack the capacity to understand the nature, and to foresee the consequences, of decisions relating to my personal care and welfare.
or 577 Schedule 9 Family Court Rules 2002 Reprinted as at 14 July 2017 *I have the capacity to understand the nature, and to foresee the consequences, of de- cisions in respect of matters relating to my personal care and welfare, but I wholly lack the capacity to communicate decisions in respect of those matters.

I say: *1 or *1 2 I am of or over the age of 18 years.

I am under the age of 18 years and I am (or have been) married or in a civil union.
[Set out sufficient information to inform the court of the facts relied on to sup- port the application.

If you have any medical, psychiatric, or other reports that you wish the court to consider, attach them to this application.]

*Delete if inapplicable.

....................................... Signature of applicant .......................................

Date Notes Advice If you need help, consult a lawyer or contact a Family Court office immediately.
Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.

Information sheet A duly completed information sheet (in form PPPR 14) must accompany this applica- tion.

Schedule 9 form PPPR 3: amended, on 1 August 2007, by rule 4(1) of the Family Courts Amendment Rules 2007 (SR 2007/197).

Schedule 9 form PPPR 3: amended, on 26 April 2005, by section 8(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).
578 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 9 Form PPPR 4 Application for personal order r 406 Section 10, Protection of Personal and Property Rights Act 1988 [Note: This form may be used only if the applicant seeks in respect of some other per- son a personal order of one of the kinds listed below.]
(Front page—Form PPPR 1) I, [full name], apply for the following order(s) in respect of [name of person in respect of whom the application is made]: *(a) *(b) *(c) *(d) *(e) *(f) *(g) *(h) an order that the person receive appropriate remuneration for work performed or to be performed by that person: an order that the person’s parent, [full name], make suitable arrangements for the person’s care after that parent’s death: an order that the arrangements made by that person’s parent, [full name], for the person’s personal care after that parent’s death be observed (or be varied) as follows: [set out the way in which you wish the arrangements to be observed or varied]: an order that the person must enter, attend at, or leave the following institution: [name of institution]: an order that the person be provided with living arrangements of the following kind: [specify the kind of living arrangements with which you wish the person to be provided]: an order that the person be provided with medical advice of the following kind(s): [specify the kind(s) of medical advice you wish the person to receive]: an order that the person be provided with educational, rehabilitative, therapeu- tic, or other services of the following kind(s): [specify the kind(s) of service you wish the person to receive]: an order that the person must not leave New Zealand without the court’s per- mission (or only on the following conditions: [specify the conditions on which the person should, in your opinion, be able to leave New Zealand]): *(i) an order appointing [full name] as next friend (or guardian ad litem) for the person for the purposes of the following District Court proceedings: [specify the nature of the proceedings, and the District Court in which they are to be held].
*Delete if inapplicable.
I make this application in my capacity as— *(a) a [specified relative] of [name of the person in respect of whom the application is made]: 579 Schedule 9 Family Court Rules 2002 Reprinted as at 14 July 2017 *(b) *(c) the attorney of [name of the person in respect of whom the application is made]: a social worker within the meaning of the Protection of Personal and Property Rights Act 1988: *(d) a medical practitioner: *(e) *(f) a representative of [name of group], being a group that is engaged, otherwise than for commercial gain, in the provision of services and facilities for the wel- fare of persons in relation to whom the court has jurisdiction in accordance with section 6 of the Act: the superintendent (or licensee or supervisor or other person in charge) of [name of institution], being the hospital (or home or other institution) in which [name of the person in respect of whom the application is made] is a patient (or resident): *(g) the manager of the property of [name of the person in respect of whom the ap- plication is made]: *(h) a person granted leave of the court to make this application.
I say: *1 or *1 2 [Name of the person in respect of whom the application is made] is of or over the age of 18 years.

[Name of the person in respect of whom the application is made] is under the age of 18 years and is (or has been) married or in a civil union.

[Here set out sufficient information to inform the court of the facts relied on to support the application.

If you have any medical, psychiatric, or other reports that you wish the court to consider, attach them to this application.]
*Delete if inapplicable.

....................................... Signature of applicant .......................................

Date Notes Advice If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.

580 Reprinted as at 14 July 2017 Information sheet Family Court Rules 2002 Schedule 9 A duly completed information sheet (in form PPPR 14) must accompany this applica- tion.
Meaning of the term relative The term relative, in relation to any person, means— (a) (b) (c) (d) (e) (f) the spouse, civil union partner, or de facto partner of that person; and a parent or grandparent of that person, or of the spouse or other person referred to in paragraph (a); and a child or grandchild of that person, or of the spouse or other person referred to in paragraph (a); and a brother or sister of that person, or of the spouse or other person referred to in paragraph (a), whether of full-blood or of half-blood; and an aunt or uncle of that person, or of the spouse or other person referred to in paragraph (a); and a nephew or niece of that person, or of the spouse or other person referred to in paragraph (a).
Schedule 9 form PPPR 4: amended, on 1 August 2007, by rule 4(1) of the Family Courts Amendment Rules 2007 (SR 2007/197).

Schedule 9 form PPPR 4: amended, on 26 April 2005, by section 8(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).
581 Schedule 9 Family Court Rules 2002 Form PPPR 5 Application for order to administer property of applicant Reprinted as at 14 July 2017 r 406 Section 11, Protection of Personal and Property Rights Act 1988 [Note: This form may be used only if the applicant seeks the order in respect of him- self or herself.]
(Front page—Form PPPR 1) I, [full name], apply for an order appointing a person to administer, on my behalf, the following property (or income or benefit) belonging to me (or to which I may be- come entitled): [specify the property, income, or benefit that you wish to have administered].

This application is made on the following ground: either *I wholly (or partly) lack the capacity to understand the nature, and to foresee the consequences, of decisions relating to my personal care and welfare.
or *I have the capacity to understand the nature, and to foresee the consequences, of de- cisions in respect of matters relating to my personal care and welfare, but I wholly lack the capacity to communicate decisions in respect of those matters.

I am of or over the age of 18 years.

I am under the age of 18 years and I am (or have been) married or in a civil union.

I am not subject to a property order.

No item of property in respect of which an order is sought exceeds $5,000 in value.
No income or benefit in respect of which an order is sought exceeds $20,000 in any 1 year.

The proposed appointee is [full name], of [address], [occupation].

The proposed appointee is of or over the age of 20 years (or a trustee corpor- ation).

The proposed appointee is not the superintendent, licensee, supervisor, or other person in charge of a hospital, home, or other institution in which I am a patient or resident.
[Set out sufficient information to inform the court of the facts relied on to sup- port the application.

If you have any medical, psychiatric, or other reports that you wish the court to consider, attach them to this application.]

I say: *1 or *1 2 3 4 †5 †6 †7 8 582 Reprinted as at 14 July 2017 *Delete if inapplicable.

Family Court Rules 2002 Schedule 9 †Delete if the proposed appointee is not named in the application.
....................................... Signature of applicant .......................................

Date Notes Advice If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.

Information sheet A duly completed information sheet (in form PPPR 14) must accompany this applica- tion.
Schedule 9 form PPPR 5: amended, on 7 August 2008, by rule 26 of the Family Courts Amendment Rules 2008 (SR 2008/207).

Schedule 9 form PPPR 5: amended, on 1 August 2007, by rule 4(2)(a) of the Family Courts Amend- ment Rules 2007 (SR 2007/197).

Schedule 9 form PPPR 5: amended, on 1 August 2007, by rule 4(2)(b) of the Family Courts Amend- ment Rules 2007 (SR 2007/197).

Schedule 9 form PPPR 5: amended, on 26 April 2005, by section 8(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).
Schedule 9 form PPPR 5: amended, on 1 July 2004, by rule 9(1)(b) of the Family Courts Amendment Rules 2004 (SR 2004/165).

583 Schedule 9 Family Court Rules 2002 Form PPPR 6 Application for order to administer property Reprinted as at 14 July 2017 r 406 Section 11, Protection of Personal and Property Rights Act 1988 [Note: This form may be used only if the applicant seeks the order in respect of some other person.]
(Front page—Form PPPR 1) I, [full name], apply for an order appointing a person to administer, on behalf of [name of the person in respect of whom the application is made], the following prop- erty (or income or benefit) belonging to [name of the person in respect of whom the application is made] (or to which that person may become entitled): [specify the property, income, or benefit that you wish to have administered].
This application is made on the following grounds: *[Name of the person in respect of whom the application is made] wholly (or partly) lacks the capacity to understand the nature, and to foresee the consequences, of deci- sions relating to his (or her) personal care and welfare.
or *[Name of the person in respect of whom the application is made] has the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to his (or her) personal care and welfare, but wholly lacks the cap- acity to communicate decisions in respect of those matters.

I make this application in my capacity as— *(a) *(b) *(c) a [specified relative] of [name of the person in respect of whom the application is made].
the attorney of [name of the person in respect of whom the application is made].

a social worker within the meaning of the Protection of Personal and Property Rights Act 1988.

*(d) a medical practitioner.

*(e) *(f) a representative of [name of group], being a group that is engaged, otherwise than for commercial gain, in the provision of services and facilities for the wel- fare of persons in relation to whom the court has jurisdiction in accordance with section 6 of the Act.
the superintendent (or licensee or supervisor or other person in charge) of [name of institution], being the hospital (or home or other institution) in which [name of the person in respect of whom the application is made] is a patient (or resident).

*(g) a person granted leave of the court to make this application.
584 Reprinted as at 14 July 2017 I say: Family Court Rules 2002 Schedule 9 *1 or *1 2 3 4 †5 †6 †7 8 [Name of the person in respect of whom the application is made] is of or over the age of 18 years.

[Name of the person in respect of whom the application is made] is under the age of 18 years and is (or has been) married or in a civil union.

[Name of the person in respect of whom the application is made] is not subject to a property order.
No item of property in respect of which an order is sought exceeds $5,000 in value.

No income or benefit in respect of which an order is sought exceeds $20,000 in any 1 year.

The proposed appointee is [full name], of [address], [occupation].

The proposed appointee is of or over the age of 20 years (or a trustee corpor- ation).
The proposed appointee is not the superintendent, licensee, supervisor, or other person in charge of a hospital, home, or other institution in which [name of the person in respect of whom the application is made] is a patient (or resident).

[Set out sufficient information to inform the court of the facts relied on to sup- port the application.

If you have any medical, psychiatric, or other reports that you wish the court to consider, attach them to this application.]

*Delete if inapplicable.


†Delete if the proposed appointee is not named in the application.

....................................... Signature of applicant .......................................

Date Notes Advice If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.
585 Schedule 9 Family Court Rules 2002 Reprinted as at 14 July 2017 Information sheet A duly completed information sheet (in form PPPR 14) must accompany this applica- tion.
Meaning of the term relative The term relative, in relation to any person, means— the spouse, civil union partner, or de facto partner of that person; and a parent or grandparent of that person, or of the spouse or other person referred to in paragraph (a); and a child or grandchild of that person, or of the spouse or other person referred to in paragraph (a); and a brother or sister of that person, or of the spouse or other person referred to in paragraph (a), whether of full-blood or of half-blood; and an aunt or uncle of that person, or of the spouse or other person referred to in paragraph (a); and a nephew or niece of that person, or of the spouse or other person referred to in paragraph (a).
Schedule 9 form PPPR 6: amended, on 1 August 2007, by rule 4(3)(a) of the Family Courts Amend- ment Rules 2007 (SR 2007/197).

Schedule 9 form PPPR 6: amended, on 1 August 2007, by rule 4(3)(b) of the Family Courts Amend- ment Rules 2007 (SR 2007/197).

Schedule 9 form PPPR 6: amended, on 1 July 2005, by rule 38 of the Family Courts Amendment Rules 2005 (SR 2005/101).

Schedule 9 form PPPR 6: amended, on 26 April 2005, by section 8(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).
Schedule 9 form PPPR 6: amended, on 1 July 2004, by rule 9(2)(b) of the Family Courts Amendment Rules 2004 (SR 2004/165).

(a) (b) (c) (d) (e) (f) 586 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 9 Form PPPR 7 Application for appointment of welfare guardian for applicant r 406 Section 12, Protection of Personal and Property Rights Act 1988 [Note: This form may be used only if the applicant seeks the order in respect of him- self or herself.]
(Front page—Form PPPR 1) I, [full name], apply for an order appointing a welfare guardian for me in relation to the following aspect(s) of my personal care and welfare: [specify each aspect of your personal care and welfare for which you seek the assist- ance of a welfare guardian].
This application is made on the grounds that— (a) (b) I say: *1 or *1 or *1 †2 †3 4 I wholly lack the capacity to make or to communicate decisions relating to the aspects of my personal care and welfare specified above; and the appointment of a welfare guardian is the only satisfactory way to ensure that appropriate decisions are made relating to the aspects of my personal care and welfare specified above.

I am of or over the age of 18 years.


I am under the age of 18 years and I am (or have been) married or in a civil union.

I am under the age of 18 years, I have never been married or in a civil union, and I have no parent or guardian living (or in regular contact) with me.

The proposed appointee is [full name] of [address], [occupation].

The proposed appointee is of or over the age of 20 years.

[Set out sufficient information to inform the court of the facts relied on to sup- port the application.
If you have any medical, psychiatric, or other reports that you wish the court to consider, attach them to this application.]

*Delete if inapplicable.

†Delete if no proposed appointee is named in the application.

....................................... Signature of applicant .......................................

Date 587 Schedule 9 Family Court Rules 2002 Reprinted as at 14 July 2017 Notes Advice If you need help, consult a lawyer or contact a Family Court office immediately.
Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.

Information sheet A duly completed information sheet (in form PPPR 14) must accompany this applica- tion.

Number of welfare guardians The court must not appoint more than 1 welfare guardian for any person unless, in the exceptional circumstances of the case, the court is satisfied that it would be in the interests of that person to do so.
Wishes of the person in respect of whom the application is made So far as is practicable in the circumstances, a court must ascertain the wishes of the person in respect of whom the application is made when determining whom to ap- point as welfare guardian.

Periodic reviews of order If the court makes an order, it will be required to specify in it a date by which the welfare guardian must apply to the court for a review of the order.

That date cannot be later than 3 years after the date of the order.
Schedule 9 form PPPR 7: amended, on 7 August 2008, by rule 27 of the Family Courts Amendment Rules 2008 (SR 2008/207).

Schedule 9 form PPPR 7: amended, on 1 August 2007, by rule 4(1) of the Family Courts Amendment Rules 2007 (SR 2007/197).

Schedule 9 form PPPR 7: amended, on 26 April 2005, by section 8(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).
588 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 9 Form PPPR 8 Application for appointment of welfare guardian r 406 Section 12, Protection of Personal and Property Rights Act 1988 [Note: This form may be used only if the applicant seeks the order in respect of some other person.]
(Front page—Form PPPR 1) I, [full name], apply for an order appointing a welfare guardian for [name of the per- son in respect of whom the application is made] in relation to the following aspect(s) of his (or her) personal care and welfare: [specify each aspect of that person’s personal care and welfare for which you seek the appointment of a welfare guardian].
This application is made on the grounds that— (a) (b) [name of the person in respect of whom the application is made] wholly lacks the capacity to make or to communicate decisions relating to the aspects of his (or her) personal care and welfare specified above; and the appointment of a welfare guardian is the only satisfactory way to ensure that appropriate decisions are made relating to the aspects of his (or her) per- sonal care and welfare specified above.
I make this application in my capacity as— *(a) *(b) *(c) a [specified relative] of [name of the person in respect of whom the application is made].

the attorney of [name of the person in respect of whom the application is made].

a social worker employed by the department for the time being responsible for the administration of the Oranga Tamariki Act 1989.

*(d) a medical practitioner.


*(e) *(f) a representative of [name of group], being a group that is engaged, otherwise than for commercial gain, in the provision of services and facilities for the wel- fare of persons in relation to whom the court has jurisdiction in accordance with section 6 of the Act.
the superintendent (or licensee or supervisor or other person in charge) of [name of institution], being the hospital (or home or other institution) in which [name of the person in respect of whom the application is made] is a patient (or resident).

*(g) the manager of the property of [name of the person in respect of whom the ap- plication is made].

*(h) a person granted leave of the court to make this application.
I say: 589 Schedule 9 Family Court Rules 2002 Reprinted as at 14 July 2017 *1 or *1 or *1 †2 †3 4 [Name of the person in respect of whom the application is made] is of or over the age of 18 years.

[Name of the person in respect of whom the application is made] is under the age of 18 years and is (or has been) married or in a civil union.
[Name of the person in respect of whom the application is made] is under the age of 18 years, has never been married or in a civil union, and has no parent or guardian living (or in regular contact) with him (or her).

The proposed appointee is [full name], of [address], [occupation].

The proposed appointee is of or over the age of 20 years.

[Set out sufficient information to inform the court of the facts relied on to sup- port the application.
If you have any medical, psychiatric, or other reports that you wish the court to consider, attach them to the application.]

*Delete if inapplicable.

†Delete if no proposed appointee is named in the application.

....................................... Signature of applicant .......................................

Date Notes Advice If you need help, consult a lawyer or contact a Family Court office immediately.
Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.

Information sheet A duly completed information sheet (in form PPPR 14) must accompany this applica- tion.
Meaning of the term relative The term relative, in relation to any person, means— the spouse, civil union partner, or de facto partner of that person; and a parent or grandparent of that person, or of the spouse or other person referred to in paragraph (a); and (a) (b) 590 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 9 (c) (d) (e) (f) a child or grandchild of that person, or of the spouse or other person referred to in paragraph (a); and a brother or sister of that person, or of the spouse or other person referred to in paragraph (a), whether of full-blood or of half-blood; and an aunt or uncle of that person, or of the spouse or other person referred to in paragraph (a); and a nephew or niece of that person, or of the spouse or other person referred to in paragraph (a).
Number of welfare guardians The court must not appoint more than 1 welfare guardian for any person unless, in the exceptional circumstances of the case, the court is satisfied that it would be in the interests of that person to do so.

Wishes of the person in respect of whom the application is made So far as is practicable in the circumstances, a court must ascertain the wishes of the person in respect of whom the application is made when determining whom to ap- point as welfare guardian.
Periodic reviews of order If the court makes an order, it will be required to specify in it a date by which the welfare guardian must apply to the court for a review of the order.

That date cannot be later than 3 years after the date of the order.

Schedule 9 form PPPR 8: amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
Schedule 9 form PPPR 8: amended, on 7 August 2008, by rule 28 of the Family Courts Amendment Rules 2008 (SR 2008/207).

Schedule 9 form PPPR 8: amended, on 1 August 2007, by rule 4(1) of the Family Courts Amendment Rules 2007 (SR 2007/197).

Schedule 9 form PPPR 8: amended, on 26 April 2005, by section 8(2) of the Relationships (Statutory References) Act 2005 (2005 No 3).
591 Schedule 9 Family Court Rules 2002 Reprinted as at 14 July 2017 Form PPPR 9 Application for appointment of welfare guardian to ensure compliance with personal order r 406 Section 23, Protection of Personal and Property Rights Act 1988 (Front page—Form PPPR 1) [Note: This form is to be used only if the applicant seeks an appointment of a welfare guardian under section 23 of the Act to ensure compliance with a personal order.]
I, [full name], apply under section 23 of the Protection of Personal and Property Rights Act 1988 for an order appointing a welfare guardian.

The function of that guardian must be to take all reasonable steps to ensure compli- ance by [full name] with a personal order made by the court.

A copy of that order is attached to this application.

I say: *1 or *1 2 3 I was a party to the proceedings in which the personal order was made.

I am the person in respect of whom the personal order was made.
[Full name] has failed to comply with the following requirements of the per- sonal order: [specify the requirements that have not been complied with].

[Give the facts that show, in your opinion, that the requirements specified have not been complied with.]

†4 The proposed appointee is [full name], of [address], [occupation].

The proposed appointee is of or over the age of 20 years.

†5 *Delete if inapplicable.

†Delete if no proposed appointee is named in the application.
....................................... Signature of applicant .......................................

Date Notes Advice If you need help, consult a lawyer or contact a Family Court office immediately.

592 Reprinted as at 14 July 2017 Office hours Family Court Rules 2002 Schedule 9 The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.

Information sheet A duly completed information sheet (in form PPPR 14) must accompany this applica- tion.
Expiration of order If the court appoints a welfare guardian under section 23 of the Protection of Personal and Property Rights Act 1988, it will specify in the order the date on which the wel- fare guardian must cease to act, and on that date the order must expire.
593 Schedule 9 Family Court Rules 2002 Reprinted as at 14 July 2017 Form PPPR 10 Application for property order in respect of applicant’s property r 406 Section 31, Protection of Personal and Property Rights Act 1988 [Note: This form may be used only if the applicant seeks the order in respect of him- self or herself.]
(Front page—Form PPPR 1) I, [full name], apply for an order appointing 1 or more suitable persons (whether or not the person or persons proposed in this application) to act as the manager of my property (or as the manager of the following property of mine: [specify the property you wish to be managed]).

This application is made on the ground that I wholly (or partly) lack the competence to manage my own affairs in relation to my property.
I say: *1 or *1 †2 or †2 †3 4 I am domiciled (or ordinarily resident) in New Zealand.

I am neither domiciled nor ordinarily resident in New Zealand, but all of the property in respect of which I seek the order is situated in New Zealand.

The proposed appointee is [full name], of [address], [occupation].

The pro- posed appointee is of or over the age of 20 years (or a trustee corporation).

The proposed appointees are [full name and the address and occupation of each of the proposed appointees.
State, in respect of each of the proposed ap- pointees, either that the proposed appointee is of or over the age of 20 years or that the proposed appointee is a trustee corporation].

The proposed appointee is not (or None of the proposed appointees is) the superintendent, licensee, supervisor, or other person in charge of a hospital, home, or other institution in which I am a patient or resident.

[Set out sufficient information to inform the court of the facts relied on to sup- port the application.
If you have any medical, psychiatric, or other reports that you wish the court to consider, attach them to this application.]

*Delete if inapplicable.

†Delete if no proposed appointee is named in the application.

594 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 9 ....................................... Signature of applicant .......................................

Date Notes Advice If you need help, consult a lawyer or contact a Family Court office immediately.
Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.

Information sheet A duly completed information sheet (in form PPPR 14) must accompany this applica- tion.

Two or more managers If the court appoints 2 or more managers, their responsibility must be jointly held un- less the court orders otherwise.
Periodic reviews of order If the court makes an order, it will be required to specify a date by which the manager or managers must apply to the court for a review of the order.

That date cannot be later than 3 years after the date of the order.
595 Schedule 9 Family Court Rules 2002 Form PPPR 11 Application for property order Reprinted as at 14 July 2017 r 406 Section 31, Protection of Personal and Property Rights Act 1988 [Note: This form may be used only if the applicant seeks the order in respect of some other person.]
(Front page—Form PPPR 1) I, [full name], apply for an order appointing 1 or more suitable persons (whether or not the person or persons proposed in this application) to act as the manager of the property of [full name of the person in respect of whom the application is made] (or as the manager of the following property of [full name of person in respect of whom the application is made]: [specify the property in respect of which you seek the appointment of a manager]).
This application is made on the ground that [name of the person in respect of whom the application is made] wholly (or partly) lacks the competence to manage his (or her) own affairs in relation to the property.

I make this application in my capacity as— *(a) *(b) *(c) a [specified relative] of [name of the person in respect of whom the application is made].

the attorney of [name of the person in respect of whom the application is made].
a social worker employed by the department for the time being responsible for the administration of the Oranga Tamariki Act 1989.

*(d) a medical practitioner.

*(e) *(f) *(g) a trustee corporation.

a representative of [name of group], being a group that is engaged, otherwise than for commercial gain, in the provision of services and facilities for the wel- fare of persons in relation to whom the court has jurisdiction in accordance with section 25 of the Act.
the superintendent (or licensee or supervisor or other person in charge) of [name of institution], being the hospital (or home or other institution) in which [name of the person in respect of whom the application is made] is a patient (or resident).

*(h) the welfare guardian for [name of person in respect of whom the application is made].

a person granted leave of the court to make this application.

*(i) *Delete if inapplicable.


596 Reprinted as at 14 July 2017 I say: Family Court Rules 2002 Schedule 9 *1 or *1 *2 or *2 †3 4 [Name of the person in respect of whom the application is made] is domiciled (or ordinarily resident) in New Zealand.

[Name of the person in respect of whom the application is made] is neither do- miciled nor ordinarily resident in New Zealand, but all of the property in re- spect of which the order is sought is situated in New Zealand.
The proposed appointee is [full name], of [address], [occupation].

The pro- posed appointee is of or over the age of 20 years (or a trustee corporation).

The proposed appointees are [full name and the address and occupation of each of the proposed appointees.

State, in respect of each of the proposed ap- pointees, either that the proposed appointee is of or over the age of 20 years or that the proposed appointee is a trustee corporation].
The proposed appointee is not the superintendent, licensee, supervisor, or other person in charge of a hospital, home, or other institution in which [name of the person in respect of whom the application is made] is a patient (or resident).

[Set out sufficient information to inform the court of the facts relied on to sup- port the application.

If you have any medical, psychiatric, or other reports that you wish the court to consider, attach them to this application].

*Delete if inapplicable.


†Delete if no proposed appointee is named in the application.

....................................... Signature of applicant .......................................

Date Notes Advice If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.

Information sheet A duly completed information sheet (in form PPPR 14) must accompany this applica- tion.
597 Schedule 9 Family Court Rules 2002 Reprinted as at 14 July 2017 Meaning of the term relative The term relative, in relation to any person, means— (a) (b) (c) (d) (e) (f) the spouse, civil union partner, or de facto partner of that person; and a parent or grandparent of that person, or of the spouse or other person referred to in paragraph (a); and a child or grandchild of that person, or of the spouse or other person referred to in paragraph (a); and a brother or sister of that person, or of the spouse or other person referred to in paragraph (a), whether of full-blood or of half-blood; and an aunt or uncle of that person, or of the spouse or other person referred to in paragraph (a); and a nephew or niece of that person, or of the spouse or other person referred to in paragraph (a).
Two or more managers If the court appoints 2 or more managers, their responsibility must be jointly held un- less the court orders otherwise.

Periodic reviews of order If the court makes an order, it will be required to specify a date by which the manager or managers must apply to the court for a review of the order.

That date cannot be later than 3 years after the date of the order.
Schedule 9 form PPPR 11: amended, on 14 July 2017, by section 149 of the Children, Young Per- sons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Schedule 9 form PPPR 11: amended, on 26 April 2005, by section 8(2) of the Relationships (Statuto- ry References) Act 2005 (2005 No 3).
598 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 9 Form PPPR 12 Application for appointment of welfare guardian and manager in respect of applicant Sections 12 and 31, Protection of Personal and Property Rights Act 1988 [Note: This form may be used only if the applicant seeks the order in respect of him- self or herself.]
r 406 I, [full name], apply— (Front page—Form PPPR 1) (a) for an order appointing a welfare guardian for me in relation to the following aspect(s) of my personal care and welfare: [specify each aspect of your personal care and welfare for which you seek the assistance of a welfare guardian]; and (b) an order appointing 1 or more suitable persons (whether or not the person or persons proposed in this application) to act as manager of my property (or as the manager of the following property of mine: [specify the property that you wish to have managed]).
This application is made on the grounds that— (a) (b) (c) I say: *1 or *1 or *1 *2 or *2 I wholly lack the capacity to make or to communicate decisions relating to the aspects of my personal care and welfare specified above; and the appointment of a welfare guardian is the only satisfactory way to ensure that appropriate decisions are made relating to the aspects of my personal care and welfare specified above; and I wholly (or partly) lack the competence to manage my own affairs in relation to my property.
I am of or over the age of 18 years.

I am under the age of 18 years and I am (or have been) married or in a civil union.

I am under the age of 18 years, I have never been married or in a civil union, and I have no parent or guardian living (or in regular contact) with me.

I am domiciled (or ordinarily resident) in New Zealand.

I am neither domiciled nor ordinarily resident in New Zealand, but all of the property in respect of which I seek the order is situated in New Zealand.
599 Schedule 9 Family Court Rules 2002 Reprinted as at 14 July 2017 †3 †4 or †4 †5 †6 The proposed appointee as a welfare guardian is [full name], of [address], [oc- cupation], who is of or over the age of 20 years.

The proposed appointee as a manager is [full name], of [address], [occupation], who is of or over the age of 20 years (or a trustee corporation).

The proposed appointees as managers are [full name of each of the proposed appointees.
State, in respect of each of the proposed appointees, either that the proposed appointee is of or over the age of 20 years or that the proposed ap- pointee is a trustee corporation.]

The proposed appointee as manager is not (or None of the proposed appointees as managers is) the superintendent, licensee, supervisor, or other person in charge of a hospital, home, or other institution in which I am a patient or resi- dent.
[Set out sufficient information to inform the court of the facts relied on to sup- port the application.

If you have any medical, psychiatric, or other reports that you wish the court to consider, attach them to this application.]

*Delete if inapplicable.

†Delete if the proposed appointee is not named in the application.

....................................... Signature of applicant .......................................
Date Notes Advice If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.

Information sheet A duly completed information sheet (in form PPPR 14) must accompany this applica- tion.
Meaning of the term relative The term relative, in relation to any person, means— (a) the spouse, civil union partner, or de facto partner of that person; and 600 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 9 (b) (c) (d) (e) (f) a parent or grandparent of that person, or of the spouse or other person referred to in paragraph (a); and a child or grandchild of that person, or of the spouse or other person referred to in paragraph (a); and a brother or sister of that person, or of the spouse or other person referred to in paragraph (a), whether of full-blood or of half-blood; and an aunt or uncle of that person, or of the spouse or other person referred to in paragraph (a); and a nephew or niece of that person, or of the spouse or other person referred to in paragraph (a).
Two or more managers If the court appoints 2 or more managers, their responsibility is jointly held unless the court orders otherwise.

Periodic reviews of order If the court makes an order, it will be required to specify a date by which the welfare guardian or the manager (or managers or the welfare guardian and the manager(s)) must apply to the court for a review of the order.

That date cannot be later than 3 years after the date of the order.
Schedule 9 form PPPR 12: amended, on 7 August 2008, by rule 29(1) of the Family Courts Amend- ment Rules 2008 (SR 2008/207).

Schedule 9 form PPPR 12: amended, on 7 August 2008, by rule 29(2) of the Family Courts Amend- ment Rules 2008 (SR 2008/207).

Schedule 9 form PPPR 12: amended, on 1 August 2007, by rule 4(1) of the Family Courts Amend- ment Rules 2007 (SR 2007/197).

Schedule 9 form PPPR 12: amended, on 26 April 2005, by section 8(2) of the Relationships (Statuto- ry References) Act 2005 (2005 No 3).
601 Schedule 9 Family Court Rules 2002 Reprinted as at 14 July 2017 Form PPPR 13 Application for appointment of welfare guardian and manager Sections 12 and 31, Protection of Personal and Property Rights Act 1988 [Note: This form may be used only if the applicant seeks the order in respect of some other person.]
r 406 I, [full name], apply— (Front page—Form PPPR 1) (a) (b) for an order appointing a welfare guardian for [name of the person in respect of whom the application is made] in relation to the following aspect(s) of his (or her) personal care and welfare: [specify each aspect of that person’s personal care and welfare for which you seek the appointment of a welfare guardian]; and for an order appointing 1 or more suitable persons (whether or not the person or persons proposed in this application) to act as manager of the property of [name of the person in respect of whom the application is made] (or to act as the manager of the following property belonging to him (or her): [specify the property in respect of which you seek the appointment of a manag- er]).
This application is made on the following grounds: (a) (b) (c) [name of the person in respect of whom the application is made] wholly lacks the capacity to make or to communicate decisions relating to the aspects of his (or her) personal care and welfare specified above; and that the appointment of a welfare guardian is the only satisfactory way to en- sure that appropriate decisions are made relating to the aspects of the personal care and welfare of [name of the person in respect of whom the application is made]; and [name of the person in respect of whom the application is made] wholly (or partly) lacks the competence to manage his (or her) affairs in relation to his (or her) property.
I make this application in my capacity as— *(a) *(b) *(c) a [specified relative] of [name of the person in respect of whom the application is made].

the attorney of [name of the person in respect of whom the application is made].

a social worker employed by the department for the time being responsible for the administration of the Oranga Tamariki Act 1989.

*(d) a medical practitioner.
602 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 9 *(e) *(f) a representative of [name of group], being a group that is engaged, otherwise than for commercial gain, in the provision of services and facilities for the wel- fare of persons in relation to whom the court has jurisdiction in accordance with both sections 6 and 25 of the Protection of Personal and Property Rights Act 1988. the superintendent (or licensee or supervisor or other person in charge) of [name of institution], being the hospital (or home or other institution) in which [name of the person in respect of whom the application is made] is a patient (or resident).
*(g) a person granted leave of the court to make this application.

*Delete if inapplicable.

I say: *1 or *1 or *1 *2 or *2 †3 †4 or †4 †5 [Name of the person in respect of whom the application is made] is of or over the age of 18 years.

[Name of the person in respect of whom the application is made] is under the age of 18 years and is (or has been) married or in a civil union.
[Name of the person in respect of whom the application is made] is under the age of 18 years, has never been married or in a civil union, and has no parent or guardian living (or in regular contact) with him (or her).

[Name of the person in respect of whom the application is made] is domiciled (or ordinarily resident) in New Zealand.
[Name of the person in respect of whom the application is made] is neither do- miciled nor ordinarily resident in New Zealand, but all of the property in re- spect of which the order is sought is situated in New Zealand.

The proposed appointee as a welfare guardian is [full name] of [address], [oc- cupation], who is of or over the age of 20 years.

The proposed appointee as a manager is [full name] of [address], [occupation], who is of or over the age of 20 years (or a trustee corporation).
The proposed appointees as managers are [full name of each of the proposed appointees.

State, in respect of each of the proposed appointees, either that the proposed appointee is of or over the age of 20 years or that the proposed ap- pointee is a trustee corporation].
The proposed appointee as manager is not (or None of the proposed appointees as managers is) the superintendent, licensee, supervisor, or other person in 603 Schedule 9 Family Court Rules 2002 Reprinted as at 14 July 2017 charge of a hospital, home, or other institution in which [name of person in re- spect of whom the application is made] is a patient or resident.

6 [Set out sufficient information to inform the court of the facts relied on to sup- port the application.
If you have any medical, psychiatric, or other reports that you wish the court to consider, attach them to this application.]

*Delete if inapplicable.

†Delete if the proposed appointee is not named in the application.

....................................... Signature of applicant .......................................

Date Notes Advice If you need help, consult a lawyer or contact a Family Court office immediately.
Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.

Information sheet A duly completed information sheet (in form PPPR 14) must accompany this applica- tion.
Meaning of the term relative The term relative, in relation to any person, means— the spouse, civil union partner, or de facto partner of that person; and a parent or grandparent of that person, or of the spouse or other person referred to in paragraph (a); and a child or grandchild of that person, or of the spouse or other person referred to in paragraph (a); and a brother or sister of that person, or of the spouse or other person referred to in paragraph (a), whether of full-blood or of half-blood; and an aunt or uncle of that person, or of the spouse or other person referred to in paragraph (a); and a nephew or niece of that person, or of the spouse or other person referred to in paragraph (a).
(a) (b) (c) (d) (e) (f) 604 Reprinted as at 14 July 2017 Two or more managers Family Court Rules 2002 Schedule 9 If the court appoints 2 or more managers, their responsibility must be jointly held un- less the court orders otherwise.

Periodic reviews of order If the court makes an order, it will be required to specify a date by which the welfare guardian or the manager(s) (or the welfare guardian and the manager(s)) must apply to the court for a review of the order.
That date cannot be later than 3 years after the date of the order.

Schedule 9 form PPPR 13: amended, on 14 July 2017, by section 149 of the Children, Young Per- sons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Schedule 9 form PPPR 13: amended, on 7 August 2008, by rule 30(1) of the Family Courts Amend- ment Rules 2008 (SR 2008/207).

Schedule 9 form PPPR 13: amended, on 7 August 2008, by rule 30(2) of the Family Courts Amend- ment Rules 2008 (SR 2008/207).
Schedule 9 form PPPR 13: amended, on 1 August 2007, by rule 4(1) of the Family Courts Amend- ment Rules 2007 (SR 2007/197).

Schedule 9 form PPPR 13: amended, on 26 April 2005, by section 8(2) of the Relationships (Statuto- ry References) Act 2005 (2005 No 3).
605 Schedule 9 Family Court Rules 2002 Reprinted as at 14 July 2017 Form PPPR 14 Information sheet to accompany applications under Protection of Personal and Property Rights Act 1988 In the Family Court at [place] rr 20(1)(b), 406 PPPR No:...................

This information sheet accompanies application(s) in respect of [full name of person in respect of whom application is made], [occupation].
Home address: ................................................................................................................. Work address: ..................................................................................................................

Contact telephone number(s): ............................. [home] ............................. [work] Age: .........

Date of birth: ...................................................................................................................
Gender: ............................................................................................................................ Country of residence: ......................................................................................................
Ethnic group: [please mark the space or spaces which apply] □ □ □ □ □ □ □ □ □ New Zealand European Maori Samoan Cook Island Maori Tongan Niuean Chinese Indian Other [Dutch, Japanese, Tokelauan, etc] Please state: ....................................... Interpreter required: Yes/No If yes, specify language: ................................................................................................. Name and address of the lawyer of the person in respect of whom the application is made: ............................................................................................................................... ..........................................................................................................................................
Nature of applications The applications are: 1 ............................................................................................................................... 606 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 9 2 ............................................................................................................................... Particulars of applicant The applicant is [full name], [occupation].
Home address: ................................................................................................................. Work address: ..................................................................................................................
Contact telephone number(s): ............................. [home] ............................. [work] Country of residence: ....................................... Capacity in which the application is made (as set out in the application): ..................... Particulars of other persons or organisations affected The following person(s) or organisation(s) may be affected by this application: Full name: .......................................................................................................................
Address: ..........................................................................................................................

Occupation: .....................................................................................................................
Relationship or status in relation to the person in respect of whom the application is made (eg, spouse or civil union partner or de facto partner or parent or guardian or person with whom that person is living or proposed welfare guardian or proposed manager or welfare guardian or manager): [specify].

Address for service The accompanying applications are filed by [full name], whose address for service1 is [address].
1This address must be a place in New Zealand where any document may be left for the applicant.

It may not be the address of a Post Office box, document exchange, or rural delivery.

Previous applications: [give the file number of any previous applications relating to the person in respect of whom the application is made, and the courts where those applications were filed].
For court use: Date stamp: Schedule 9 form PPPR 14: amended, on 26 April 2005, by section 8(2) of the Relationships (Statuto- ry References) Act 2005 (2005 No 3).
607 Schedule 9 Family Court Rules 2002 Reprinted as at 14 July 2017 Form PPPR 15 Notice to respondent of application under Protection of Personal and Property Rights Act 1988 r 32(2)(b) (Heading—Form PPPR 2) To ............................. ............................. ............................. An application has been filed in this court by [full name].

A copy of the application is attached.

The order (or orders) sought by the applicant is (or are) specified in the application.
*The lawyer appointed by the court to represent the person in respect of whom the application is made is [full name], of [address].

or *The lawyer retained by the person in respect of whom the application is made is [full name], of [address].

*Delete if inapplicable.

If you wish to appear either to support or to oppose the application, you must, within 21 days after the service of this notice on you, file a notice of intention to appear in this office of the court.
If you file a notice of intention to appear, you must serve a copy of the notice— (a) (b) on the applicant; and on any lawyer appointed by the court to represent the person in respect of whom the application is made or retained by that person.

The copy may, in the case of the applicant, be delivered to the address for service given by the applicant and, in the case of any lawyer, be delivered to the address spe- cified in this notice or the address of that lawyer.
[In the case of the person in respect of whom the application is made.]

Whether or not you file and serve a notice of intention to appear, you must attend the court when the application is heard unless the court directs that you be excused from attending.

or [In the case of any other person.]

Whether or not you file and serve a notice of inten- tion to appear, you may attend the court when the application is heard to support or oppose the application.
608 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 9 If you do not wish to appear either to support or to oppose the application but you do wish to be kept informed of what is happening in respect of the application, you must— (a) (b) file in this office of the court a notice giving the address of a place in New Zea- land at which documents may be left for you; and serve a copy of the notice on each of the other parties to the proceedings.
That copy may be delivered to the address for service given by the other party.

Assistance You may instruct a lawyer to prepare on your behalf a notice of intention to appear.

If you want a lawyer but think you cannot afford one, contact an office of the Family Court immediately.

You may also see a specimen form of the notice of intention to appear at any office of the Family Court.

Pre-hearing conference You will be given notice of the time and place at which the pre-hearing conference will be held.
You will be requested to attend that conference.

Copies of orders You will get copies of any orders made under this application.

Advice If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.

....................................... Registrar .......................................
Date 609 Schedule 9 Family Court Rules 2002 Form PPPR 16 Statement of consent to appointment as welfare guardian Section 12(5)(d), Protection of Personal and Property Rights Act 1988 (Front page—Form PPPR 1) Reprinted as at 14 July 2017 r 410(1) I, [full name of the proposed welfare guardian], of [address], [occupation], consent to be appointed under section 12 of the Protection of Personal and Property Rights Act 1988 as a welfare guardian for [full name of the person in respect of whom the appli- cation is made], in relation to the aspect (or aspects) of the personal care and welfare of that person that the court specifies in the order.
Dated [date].

.......................................
Signed by the above-named, [full name of the proposed welfare guardian], in the presence of— Signature of witness: Address: Occupation: 610 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 9 Form PPPR 17 Statement of consent to appointment as manager Section 31(5)(c), Protection of Personal and Property Rights Act 1988 (Front page—Form PPPR 1) I, [full name of the proposed manager], of [address], [occupation], consent to be ap- pointed to be manager of certain property belonging to [full name of the person in re- spect of whom the application is made].
r 410(2) Dated [date].

.......................................
Signed by the above-named, [full name of the proposed manager], in the presence of— Signature of witness: Address: Occupation: 611 Schedule 9 Family Court Rules 2002 Form PPPR 18 Summons to party to attend pre-hearing conference Section 71, Protection of Personal and Property Rights Act 1988 (Heading—Form PPPR 2) Reprinted as at 14 July 2017 r 406 To ............................. You have failed to comply with a letter sent to you by post requesting you to attend a pre-hearing conference at [time] on [date] at [place].
You are summoned to attend a pre-hearing conference at [time] on [date] at [place].

*You are required to bring with you and produce [specify what is to be produced].

*Delete if inapplicable.

If, without sufficient cause, you refuse or neglect to attend or to produce anything that you are required to produce, you may be prosecuted and fined.

....................................... Judge .......................................
Date 612 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 9 Form PPPR 19 Personal order Section 10, Protection of Personal and Property Rights Act 1988 r 406 On application made to it, the court makes an order that— (Heading—Form PPPR 2) *(a) *(b) *(c) *(d) *(e) *(f) *(g) *(h) *(i) [name of the person in respect of whom the order is made] receive appropriate remuneration for work performed or to be performed by him (or her): [full name], a parent of [full name of the person in respect of whom the order is made], make suitable arrangements for the care of [full name of the person in respect of whom the order is made] after that parent’s death: the arrangements made by [full name], a parent of [full name of the person in respect of whom the order is made], for the personal care of [full name of the person in respect of whom the order is made] after that parent’s death be ob- served (or be varied) as follows: [set out the way in which the arrangements are to be observed or varied]: [full name of the person in respect of whom the order is made] must enter (or attend at or leave) [name of institution]: [full name of the person in respect of whom the order is made] be provided with living arrangements of the following kind: [specify the kind of living ar- rangements with which the person is to be provided]: [full name of the person in respect of whom the order is made] be provided with medical advice of the following kind(s): [specify the kind(s) of medical advice the person is to receive]: [full name of the person in respect of whom the order is made] be provided with educational, rehabilitative, therapeutic, or other services of the following kind(s): [specify the kind(s) of service the person is to receive]: [full name of the person in respect of whom the order is made] must not leave New Zealand without the court’s permission (or only on the following condi- tions: [specify the conditions (if any) on which the person may leave New Zea- land]): appointing [full name] as next friend (or guardian ad
 litem) for [full name of the person in respect of whom the order is made] for the purposes of the fol- lowing District Court proceedings: [specify the nature of the proceedings, and the District Court in which they are to be held].
This order is made under section 10(1) [specify paragraph of section 10(1) of the Act under which the order is made] of the Protection of Personal and Property Rights Act 1988.

613 Schedule 9 Family Court Rules 2002 Reprinted as at 14 July 2017 *This order is made with the consent of each party to the proceedings, and the court is satisfied that [full name of the person in respect of whom the order is made] under- stands the nature and foresees the consequences of the order and consents to it.
*This order must expire with the close of [date].

or *[Full name], of [address], [occupation], must apply to the court for a review of this order before [date].

This order expires on that date unless, on a review of the order, the court decides that it must continue beyond that date.

or *This order is an interim order.

It continues in force until the close of [date, being not more than 6 months after the date on which the order is made.]

*Delete if inapplicable.


....................................... Registrar .......................................
Date 614 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 9 Form PPPR 20 Order to administer property Section 11, Protection of Personal and Property Rights Act 1988 (Heading—Form PPPR 2) r 406 On application made to it, the court makes an order appointing [name of the appoint- ee], of [address], [occupation], to administer, on behalf of [name of the person in re- spect of whom the order is made], of [address], [occupation], the following property (or income or benefit), being property belonging to that person (or to which that per- son may become entitled): [specify the property, income, or benefit to be adminis- tered].
[Name of the appointee] is required to administer the property (or income or benefit) in a way that enables or encourages [name of the person in respect of whom the order is made] to exercise and develop the capacity that person has to the greatest extent possible.

This order is made under sections 10(1)(j) and 11 of the Protection of Personal and Property Rights Act 1988.
*This order is made with the consent of each party to the proceedings, the court being satisfied that [full name of the person in respect of whom the order is made] under- stands the nature and foresees the consequences of the order and consents to it.

*[Name of appointee] must apply to the court for a review of this order not later than [a date not later than 3 years after the date of the order].
This order must expire on that date unless, on a review of the order, the court decides that it must continue beyond that date.

or *This order is an interim order.

It is made pending the final determination of the ap- plication.

It expires with the close of [date, being not more than 6 months after the date on which the order is made].

*Delete if inapplicable.

....................................... Registrar .......................................
Date 615 Schedule 9 Family Court Rules 2002 Form PPPR 21 Order for appointment of welfare guardian Protection of Personal and Property Rights Act 1988 (Heading—Form PPPR 2) Reprinted as at 14 July 2017 r 406 On application made to it, the court makes an order appointing [name of the appoint- ee], of [address], [occupation], to be a welfare guardian for [name of the person in respect of whom the order is made], of [address], [occupation].
*This order is made with the consent of each party to the proceedings, the court being satisfied that the person in respect of whom the application was made understands and foresees the consequences of the order and consents to it.

either [If the order is made under section 12 of the Act.]

This order is made under section 12 of the Protection of Personal and Property Rights Act 1988.
The welfare guardian is appointed in relation to the following aspect(s) of the person- al care and welfare of [name of the person in respect of whom the order is made]: [specify each aspect of the person’s personal care and welfare in relation to which the welfare guardian is appointed].

*The welfare guardian must apply to this court for a review of this order not later than [a date not later than 3 years after the date of the order].
This order expires on that date unless, on a review of the order, the court decides that it must continue beyond that date.

or [If the order is made under section 14 of the Act.]

*This order is an interim order.

It continues in force until the close of [date, being not more than 6 months after the date on which the order is made].

or [If the order is made under section 23 of the Act.]

This order is made under section 23 of the Protection of Personal and Property Rights Act 1988.
The function of the welfare guardian is to take all reasonable steps to ensure that [full name of the person who has so far failed to comply with the order] complies with the order of this court dated [date].

The welfare guardian must cease to act on the day [date], and on that date this order expires.

*Delete if inapplicable.

616 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 9 ....................................... Registrar .......................................
Date 617 Schedule 9 Family Court Rules 2002 Form PPPR 22 Order for appointment of manager Reprinted as at 14 July 2017 r 406 Section 31, Protection of Personal and Property Rights Act 1988 (Heading—Form PPPR 2) On application made to it, the court makes an order appointing [full name of appoint- ee], of [address], [occupation], to act as manager of property belonging to [full name of the person in respect of whom the order is made], of [address], [occupation].
This order applies to all the property of [full name of the person in respect of whom the order is made].

or This order applies only to the following property belonging to [full name of the per- son in respect of whom the order is made]: [specify the property in respect of which the appointee is appointed manager].

The manager has all the powers specified in Schedule 1 of the Act.
or The manager has, in respect of the property to which this order relates, the following rights and powers, all of which are specified in clause 1 of Schedule 1 of the Protec- tion of Personal and Property Rights Act 1988: [specify rights and powers of manager].

*The manager also has, in respect of the property to which this order relates, the fol- lowing additional rights and powers: [specify additional rights and powers of manager].
*The manager’s rights and powers are subject to the following restrictions: [specify restrictions on rights and powers of manager].

*The manager must apply to this court for a review of this order not later than [a date not later than 3 years after the date of the order].

This order expires on that date un- less, on a review of the order, the court decides that it must continue beyond that date.

or *This order is a temporary order.


It expires with the close of [date, being not more than 3 months after the date on which the order is made].

*Delete if inapplicable.

618 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 9 ....................................... Registrar .......................................
Date 619 Schedule 9 Family Court Rules 2002 Form PPPR 23 Application by attorney for directions Reprinted as at 14 July 2017 r 406 Section 101, Protection of Personal and Property Rights Act 1988 (Front page—Form PPPR 1) I, [full name, address, occupation of attorney], apply for directions relating to the ex- ercise of my powers under an enduring power of attorney.

I say— 1 For this paragraph select the statement that applies.
Statement A On [date] [name of donor] granted to me an enduring power of attorney to act in relation to his/her* personal care and welfare.

*Select one.

Statement B On [date] [name of donor] granted to me an enduring power of attorney to act in relation to his/her* property.

*Select one.

Statement C On [date] [name of donor] granted to me an enduring power of attorney to act in relation to his/her* personal care and welfare and his/her* property.

*Select one.
*Select one.

2 For this paragraph select the statements that apply.

Statement A The enduring power of attorney authorises me to act in relation to the personal care and welfare of [name of donor] generally.

Statement B The enduring power of attorney authorises me to act in relation to the personal care and welfare of [name of donor] regarding the following specific matters: [state matters].
Statement C The enduring power of attorney authorises me to act generally in relation to all of the property of [name of donor].

Statement D The enduring power of attorney authorises me to act generally in relation to the following property of [name of donor]: [describe property].

620 Reprinted as at 14 July 2017 Statement E Family Court Rules 2002 Schedule 9 The enduring power of attorney authorises me to do the following specific things in relation to the property of [name of donor]: [specify things].
3 For this paragraph select the statement that applies.

Statement A The enduring power of attorney is not subject to any conditions or restrictions.

Statement B The enduring power of attorney is subject to the following conditions and re- strictions: [specify].

4 Include this paragraph if the attorney is— • • acting in respect of a significant matter relating to the donor’s personal care and welfare; or authorised to act in relation to the donor’s property only if the donor be- comes mentally incapable.
For this paragraph select the statement that applies.

Statement A A relevant health practitioner has certified that [name of donor] is mentally in- capable and a copy of that certificate is attached.

Statement B 5 6 The court has determined that [name of donor] is mentally incapable and a copy of the court order is attached.
Include this paragraph if the enduring power of attorney is in relation to the donor’s personal care and welfare and the attorney is acting in respect of a matter other than a significant matter.

I have reasonable grounds to believe that [name of donor] is mentally incapa- ble.

Those grounds are: [specify].

I seek directions relating to the exercise of my powers in respect of [state the directions sought and sufficient information to inform the court of the need for those directions].
Date: Signature of applicant: 621 Schedule 9 Family Court Rules 2002 Reprinted as at 14 July 2017 Notes Advice If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.

Information sheet A duly completed information sheet (in form PPPR 14) must accompany this applica- tion.
Meaning of the term relevant health practitioner The term relevant health practitioner means a person who is, or is deemed to be, registered with a registration authority appointed by or under the Health Practitioners Competence Assurance Act 2003 as a practitioner of a particular health profession, or a medical practitioner registered by a competent overseas authority,— (a) whose scope of practice includes the assessment of a person’s mental capacity; or (b) whose scope of practice— (i) (ii) includes the assessment of a person’s mental capacity; and is specified in the enduring power of attorney.
Copy of enduring power of attorney When filing this application you must lodge in the office of the court, unless the Registrar otherwise directs, a copy of the enduring power of attorney.

Schedule 9 form PPPR 23: inserted, on 26 September 2008, by rule 4 of the Family Courts Amend- ment Rules (No 2) 2008 (SR 2008/316).
622 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 9 Form PPPR 24 Application for exercise of court’s jurisdiction in respect of enduring power of attorney Sections 102 and 102A, Protection of Personal and Property Rights Act 1988 r 406 (Front page—Form PPPR 1) I, [full name, address, occupation], apply for the exercise of the court’s jurisdiction in respect of [state matter in respect of which the court’s jurisdiction is sought].
I say— 1 For this paragraph select the statement that applies.

Statement A On [date] I/[name of donor]* granted to [name of attorney] an enduring power of attorney to act in relation to my/his/her* personal care and welfare.

*Select one.

Statement B On [date] I/[name of donor]* granted to [name of attorney] an enduring power of attorney to act in relation to my/his/her* property.

*Select one.
*Select one.

Statement C On [date] I/[name of donor]* granted to [name of attorney] an enduring power of attorney to act in relation to my/his/her* personal care and welfare and my/his/her* property.

*Select one.

2 For this paragraph select the statements that apply.

Statement A The enduring power of attorney authorises [name of attorney] to act in relation to my/the donor’s* personal care and welfare generally.

*Select one.
*Select one.

Statement B The enduring power of attorney authorises [name of attorney] to act in relation to my/the donor’s* personal care and welfare regarding the following specific matters: [state matters].

*Select one.

Statement C The enduring power of attorney authorises [name of attorney] to act generally in relation to all of my/the donor’s* property.

*Select one.
*Select one.

623 Schedule 9 Family Court Rules 2002 Reprinted as at 14 July 2017 Statement D The enduring power of attorney authorises [name of attorney] to act generally in relation to the following of my/the donor’s* property: [describe property].

*Select one.

Statement E The enduring power of attorney authorises [name of attorney] to do the follow- ing specific things in relation to my/the donor’s* property: [specify things].

*Select one.

3 For this paragraph select the statement that applies.
Statement A The enduring power of attorney is not subject to any conditions or restrictions.

Statement B The enduring power of attorney is subject to the following conditions and re- strictions: [specify].

4 For this paragraph select the statement that applies.

Statement A I apply to the court to determine whether the instrument executed by me/[name of donor]* is an enduring power of attorney.

*Select one.
*Select one.

Statement B I apply to the court to determine whether or not [name of donor] is mentally incapable.

Statement C I apply to the court for the following order/direction* in respect of the enduring power of attorney: [state order sought from court and reasons].

*Select one.

5 Include this paragraph if an application is being made to the court for an order or direction in respect of an enduring power of attorney, and select the state- ment that applies.
Statement A [Name of attorney] believes on the following reasonable grounds that [name of donor] is mentally incapable: [state grounds].

Statement B A relevant health practitioner has certified that [name of donor] is mentally in- capable and a copy of that certificate is attached.

Statement C The court has determined that [name of donor] is mentally incapable and a copy of the court order is attached.
624 Reprinted as at 14 July 2017 6 I am: Family Court Rules 2002 Schedule 9 *the donor of the enduring power of attorney *a relative of the donor *an attorney of the donor (not being the attorney acting under the enduring power of attorney) *a social worker *a medical practitioner *a trustee corporation *the principal manager of [name of place] providing hospital care/rest home care/residential disability care* to the donor *a welfare guardian appointed for the donor *a person authorised by a body or organisation contracted by the Government to provide elder abuse and neglect prevention services *a person granted leave by the court to make this application.
*Select one.

Date: Signature of applicant: 625 Schedule 9 Family Court Rules 2002 Reprinted as at 14 July 2017 Notes Advice If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.

Information sheet A duly completed information sheet (in form PPPR 14) must accompany this applica- tion.
Meaning of the term relative The term relative, in relation to any person, means— (a) (b) (c) (d) (e) (f) the spouse, civil union partner, or de facto partner of that person; and a parent or grandparent of that person, or of the spouse or other person referred to in paragraph (a); and a child or grandchild of that person, or of the spouse or other person referred to in paragraph (a); and a brother or sister of that person, or of the spouse or other person referred to in paragraph (a), whether of full-blood or of half-blood; and an aunt or uncle of that person, or of the spouse or other person referred to in paragraph (a); and a nephew or niece of that person, or of the spouse or other person referred to in paragraph (a).
Meaning of the term relevant health practitioner The term relevant health practitioner means a person who is, or is deemed to be, registered with a registration authority appointed by or under the Health Practitioners Competence Assurance Act 2003 as a practitioner of a particular health profession, or a medical practitioner registered by a competent overseas authority,— (a) whose scope of practice includes the assessment of a person’s mental capacity; or (b) whose scope of practice— (i) (ii) includes the assessment of a person’s mental capacity; and is specified in the enduring power of attorney.
Copy of enduring power of attorney When filing this application you must, if possible, lodge in the office of the court a copy of the enduring power of attorney.

626 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 9 Schedule 9 form PPPR 24: inserted, on 26 September 2008, by rule 4 of the Family Courts Amend- ment Rules (No 2) 2008 (SR 2008/316).
627 Schedule 9 Family Court Rules 2002 Form PPPR 25 Application for review of attorney’s decision Section 103, Protection of Personal and Property Rights Act 1988 (Front page—Form PPPR 1) Reprinted as at 14 July 2017 r 406 I, [full name, address, occupation], apply for a review of the following decision made by [full name of attorney] acting under an enduring power of attorney granted by me/ [name of donor]*: [state decision sought to be reviewed].

*Select one.
*Select one.

I say— 1 For this paragraph select the statement that applies.

Statement A On [date] I/[name of donor]* granted to [name of attorney] an enduring power of attorney to act in relation to my/his/her* personal care and welfare.

*Select one.

Statement B On [date] I/[name of donor]* granted to [name of attorney] an enduring power of attorney to act in relation to my/his/her* property.

*Select one.
*Select one.

Statement C On [date] I/[name of donor]* granted to [name of attorney] an enduring power of attorney to act in relation to my/his/her* personal care and welfare and my/his/her* property.

*Select one.

2 For this paragraph select the statements that apply.

Statement A The enduring power of attorney authorises [name of attorney] to act in relation to my/the donor’s* personal care and welfare generally.

*Select one.
*Select one.

Statement B The enduring power of attorney authorises [name of attorney] to act in relation to my/the donor’s* personal care and welfare regarding the following specific matters: [state matters].

*Select one.

Statement C The enduring power of attorney authorises [name of attorney] to act generally in relation to all of my/the donor’s* property.

*Select one.
*Select one.

628 Reprinted as at 14 July 2017 Statement D Family Court Rules 2002 Schedule 9 The enduring power of attorney authorises [name of attorney] to act generally in relation to the following of my/the donor’s* property: [describe property].

*Select one.

Statement E The enduring power of attorney authorises [name of attorney] to do the follow- ing specific things in relation to my/the donor’s* property: [specify things].

*Select one.

3 For this paragraph select the statement that applies.
Statement A 4 5 6 The enduring power of attorney is not subject to any conditions or restrictions.

Statement B The enduring power of attorney is subject to the following conditions and re- strictions: [specify].

At a time when I/the donor* was mentally incapable [full name of attorney] made the following decision/decisions*: [state decision(s)].

*Select one.

This decision needs/These decisions* need review because: [state reasons].

*Select one.
I am— *the donor of the enduring power of attorney *a relative of the donor *an attorney of the donor (not being the attorney acting under the enduring power of attorney) *a social worker *a medical practitioner *a trustee corporation *the principal manager of [name of place] providing hospital care/rest-home care/residential disability care* to the donor *a welfare guardian appointed for the donor *a person authorised by a body or organisation contracted by the Government to provide elder abuse and neglect prevention services *a person granted leave by the court to make this application.
*Select one.

629 Schedule 9 Family Court Rules 2002 Reprinted as at 14 July 2017 Date: Signature of applicant: Advice Notes If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.

Information sheet A duly completed information sheet (in form PPPR 14) must accompany this applica- tion.
Meaning of the term relative The term relative, in relation to any person, means— (a) (b) (c) (d) (e) (f) the spouse, civil union partner, or de facto partner of that person; and a parent or grandparent of that person, or of the spouse or other person referred to in paragraph (a); and a child or grandchild of that person, or of the spouse or other person referred to in paragraph (a); and a brother or sister of that person, or of the spouse or other person referred to in paragraph (a), whether of full-blood or of half-blood; and an aunt or uncle of that person, or of the spouse or other person referred to in paragraph (a); and a nephew or niece of that person, or of the spouse or other person referred to in paragraph (a).
Copy of enduring power of attorney When filing this application you must, if possible, lodge in the office of the court a copy of the enduring power of attorney.

Schedule 9 form PPPR 25: inserted, on 26 September 2008, by rule 4 of the Family Courts Amend- ment Rules (No 2) 2008 (SR 2008/316).
630 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 10 Schedule 10 Forms for proceedings under Care of Children Act 2004 Schedule 10: inserted, on 31 March 2014, by rule 46 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
rr 62(2), 416E Contents COC 1 Notice to respondent of application under Care of Children Act 2004 COC 2 Notice to respondent residing outside New Zealand of application under Care of Children Act 2004 COC 3 Warrant to enforce role of providing day-to-day care for, or order for contact with, child COC 4 Warrant to take child to prevent removal from New Zealand COC 5 Parenting order(s) COC 6 Interim parenting order(s) COC 7 Bond to ensure compliance with parenting order Page 632 634 636 638 640 643 647 631 Schedule 10 Family Court Rules 2002 Reprinted as at 14 July 2017 Form COC 1 Notice to respondent of application under Care of Children Act 2004 rr 416E, 416I To [name of respondent] (General heading—Form G 2) An application (see the attached copy) has been filed in this court by [full name].
The order or orders sought by the applicant are specified in the application.

Notice of response If you wish to respond to the application, you must, within 21 days after the date on which you receive this notice,— (a) (b) file a notice of response in this office of the court; and serve a copy of the notice of response on the other party (or parties) to the proceedings.

That copy may be sent to the address for service given by the applicant (or other parties).
The notice of response must be on an approved form.

Approved forms are available on the Ministry of Justice website (see below).

If you do not file and serve a notice of response within that time,— (a) (b) the case may proceed without further notice to you and a Judge may make orders deciding the application; or you may not be able to oppose the application.
On the day of a confer- ence or hearing of the application, should you appear, the Judge may— (i) allow you to participate only on such terms as the Judge thinks fit; or (ii) decline to allow you to take part.

The Judge may also make an order against you for costs properly incurred as a consequence of your failure to file and serve a notice of response within the time allowed.

A lawyer may prepare a notice of response for you but cannot file the notice in court.
You or someone else on your behalf must do this.

If you want a lawyer to help you but think you cannot afford one, you can find information about what assistance may be available on the Ministry of Justice website (see below), or by contacting a lawyer, the Ministry of Justice call centre (see below), or an office of the Family Court.
Address for service If you do not wish to oppose the application but you do wish to know what is happen- ing, you must— 632 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 10 (a) (b) advise this office of the court in writing of an address in New Zealand (not a Post Office box) to which documents may be sent; and provide a copy of the notice to the other party or parties to the proceedings.

That copy may be sent to the address for service given by the applicant.
Liability as witness Even if you take no action, the court may summon you as a witness to help it deal with the application.

Copies of orders You will get a copy of any orders made by the court.

Orders are normally in force from the time they are made.

However, even if you do not receive a copy of an order you will still be required to obey it.
Advice If you need help, consult a lawyer, check the Ministry of Justice website, call the Ministry of Justice call centre, or contact an office of the Family Court immediately.

Ministry of Justice website: http://www.justice.govt.nz Ministry of Justice call centre: 0800 268 787 Date: Signature: (Registrar) Schedule 10 form COC 1: inserted, on 31 March 2014, by rule 46 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
633 Schedule 10 Family Court Rules 2002 Reprinted as at 14 July 2017 Form COC 2 Notice to respondent residing outside New Zealand of application under Care of Children Act 2004 rr 416E, 416I To [name of respondent] (General heading—Form G 2) An application (see the attached copy) has been filed in this court by [full name].

The order or orders sought by the applicant are described in the application.
Jurisdiction of court The court may make an order if [set out bases for jurisdiction in respect of each order sought, following closely the relevant provisions of the Care of Children Act 2004].

Notice of response If you wish to respond to the application or be heard on it, you must, either di- rectly or through a lawyer in the place where you are, send authority to a law- yer in New Zealand instructing him or her to act for you.
If you wish to oppose the application, you must, within [number] days after the date on which you received this notice,— (a) (b) file a notice of response in this office of the court; and serve a copy of the notice of response on the other party (or parties) to the proceedings.

That copy may be delivered to the address for service given by the applicant (or other parties).

The notice of response must be on an approved form.

Approved forms are available from the Ministry of Justice’s website (see below).
If you do not file and serve a notice of response within the required time,— (a) (b) the case may proceed without further notice to you and a judge may make orders deciding the application; or you may not be able to oppose the application.
On the day of a confer- ence or hearing of the application, should you appear, the Judge may— (i) (ii) allow you to participate only on such terms as the Judge thinks fit; or decline to allow you to take part and make orders deciding the ap- plication without hearing from you.

The Judge may also make an order against you for costs properly incurred as a consequence of your failure to file and serve a notice of response within the time allowed.
A lawyer may prepare a notice of response for you but cannot file the notice in court.

You or someone else on your behalf must do this.

If you want a lawyer to 634 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 10 help you but think you cannot afford one, you can find information about what assistance may be available on the Ministry of Justice website (see below), or by contacting a lawyer or an office of the Family Court.
Address for service If you do not wish to oppose the application but you do want to know what is happen- ing, you must— (a) (b) advise this office of the court in writing of an address in New Zealand (not a Post Office box) to which documents may be sent; and provide a copy of the notice to the other party or parties to the proceedings.

That copy may be sent to the address for service given by the applicant.

Copies of orders You will get a copy of any orders made by the court.
Orders are normally in force from the time they are made.

However, even if you do not receive a copy of an order you will still be required to obey it.

Advice If you need help, consult a lawyer immediately in the place where you are and check the Ministry of Justice website.

If you intend to employ a lawyer in New Zealand, you should ask about your eligibility for legal aid in this country.
Ministry of Justice website: http://www.justice.govt.nz Date: Signature: (Registrar) Schedule 10 form COC 2: inserted, on 31 March 2014, by rule 46 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
635 Schedule 10 Family Court Rules 2002 Reprinted as at 14 July 2017 Form COC 3 Warrant to enforce role of providing day-to-day care for, or order for contact with, child r 416E Sections 72 and 73, Care of Children Act 2004 (General heading—Form G 2) To every constable (or social worker) (or [full name of person]) I am satisfied, on the application of [full name, address, occupation], that the applicant, in respect of [full name], a child aged [specify] years,— *has the role of providing day-to-day care for the child *is entitled under a parenting order or other order specified in section 73(1) of the Care of Children Act 2004 to have direct contact with the child.
*Omit if inapplicable.

I direct you to take the child (using reasonable force if necessary) and to deliv- er the child to [full name of applicant or of other person or authority to whom child is to be delivered on behalf of applicant], and to report to this court when you have done so.
For the purpose of executing this warrant, you are authorised by section 75(1) of the Care of Children Act 2004 to enter and search any building, aircraft, ship, vehicle, premises, or place, with or without assistance, and by force if necessary.

You are required to have this warrant with you when executing it and to produce it on initial entry and, if requested, at any later time.

You must also comply with any other applicable requirements of section 75(2) of the Care of Children Act 2004.
Date: Signature: (Judge) Notes Arrest of person resisting execution of warrant Under section 79 of the Care of Children Act 2004, it is an offence to— knowingly resist or obstruct a person executing this warrant; or knowingly fail or refuse to afford immediate entrance to premises to a person executing this warrant.

• • 636 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 10 The offence is punishable by a fine not exceeding $2,500 or imprisonment for a term not exceeding 3 months.
Under section 315 of the Crimes Act 1961, a constable (and anyone he or she calls to assist) may arrest and take into custody any person whom he or she has good cause to suspect has committed an offence punishable by imprisonment.
Use of faxed copy of warrant If use of a faxed copy of this warrant is authorised by an authority to prevent delay in execution of the warrant, the authority must, under section 76 of the Care of Children Act 2004, write and sign a note on the front of the warrant stating— (a) (b) the fact that a faxed copy of the warrant may be used for the purposes of exe- cuting the warrant; and the date and time at which the authorisation expires, which must be the close of the third day after the day on which the authorisation is granted.
Schedule 10 form COC 3: inserted, on 31 March 2014, by rule 46 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
637 Schedule 10 Family Court Rules 2002 Reprinted as at 14 July 2017 Form COC 4 Warrant to take child to prevent removal from New Zealand r 416E Section 77, Care of Children Act 2004 (General heading—Form G 2) To every constable (or social worker) 1 I have reason to believe that [full name], a child aged [specify] years, may be taken out of New Zealand with intent to, or in circumstances where the taking of the child would be likely to,— Select the statement that applies.
defeat the claim of [full name, address, occupation], who has applied for/is about to apply for* the role of providing day-to-day care for, or an order for contact with, the child.

*Select one.

or prevent an order made in the [court] at [place, date]/registered under section 81 of the Care of Children Act 2004* about the role of providing day-to-day care for, or about contact with, the child, from being complied with.

*Select one.

2 3 4 The child is said to be in the care of [full name, address].
There being no High Court Judge or District Court Judge or Family Court Judge available,* I direct you to take the child (using reasonable force if neces- sary) and place the child in the care of some suitable person pending the order or further order of the court having jurisdiction in the case.

*Omit this phrase if it does not apply.


When you have executed this warrant in accordance with the direction, you must advise this court immediately of the name and address of the person with whom you have placed the child.

Date: Signature: Judge/Registrar (not being a constable)* *Select one.
638 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 10 Notes Arrest of person resisting execution of warrant Under section 79 of the Care of Children Act 2004, it is an offence to— • • knowingly resist or obstruct a person executing this warrant; or knowingly fail or refuse to afford immediate entrance to premises to a person executing this warrant.

The offence is punishable by a fine not exceeding $2,500 or imprisonment for a term not exceeding 3 months.
Under section 315 of the Crimes Act 1961, a constable (and anyone he or she calls to assist) may arrest and take into custody any person whom he or she has good cause to suspect has committed an offence punishable by imprisonment.
Use of faxed copy of warrant If use of a faxed copy of this warrant is authorised by an authority to prevent delay in execution of the warrant, the authority must, under section 76 of the Care of Children Act 2004, write and sign a note on the front of the warrant stating— (a) (b) the fact that a faxed copy of the warrant may be used for the purposes of exe- cuting the warrant; and the date and time at which the authorisation expires, which must be the close of the third day after the day on which the authorisation is granted.
Schedule 10 form COC 4: inserted, on 31 March 2014, by rule 46 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
639 Schedule 10 Family Court Rules 2002 Form COC 5 Parenting order(s) Reprinted as at 14 July 2017 r 416E Sections 40(3), 48, 55, and 70, Care of Children Act 2004 (General heading—Form G 2) On application made to it, the court orders that— (a) the following person has/people have* the role of providing day-to-day care of the child(ren) listed below, during the times stated: *Select one.
Full name of child and date of birth [state] Full name of person [state] Times when person has role of providing day-to-day care [specify] (b) the following person has/people have* contact with the child(ren) listed below, during the times and in the ways stated: *Select one.
Full name of child and date of birth [state] Full name of person Times, location, and nature of contact [state] [specify, eg, face-to-face contact, letters, telephone, email, supervised by a person other than an approved provider] Effect of parenting order The role of providing day-to-day care for a child continues until the child turns 16.
While exercising the role of providing day-to-day care for a child, you have exclusive responsibility for the child’s day-to-day living arrangements, subject to any court order and the following conditions (if any).

[State any conditions imposed under sec- tion 48(5) of the Care of Children Act 2004, including which party and child(ren) the conditions affect.]
If you are a guardian, unless your role or another guardian’s role is modified by a court order, you must act jointly (eg, consulting whenever practicable with the aim of reaching agreement) when making guardianship decisions for a child.
*Monitoring and review This order is subject to the following monitoring and review requirements: [specify details of any monitoring or review requirements relating to this order, including any dates or processes by which the order is to be reviewed or monitored, and any re- quirements for parties to report back to the court on progress].

See also the information sheet accompanying this order.

*Omit this paragraph if it does not apply.


640 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 10 Variation or discharge of this order Any person affected by this order, or a person acting for a child who is the subject of this order, may apply to the court to vary or discharge this order.

Leave (permission) of the court is required if the application is substantially similar to previous proceed- ings and the order was made less than two years ago.
Consequences of non-compliance You must comply with the conditions of this parenting order.

If you do not, another party may apply to the court to enforce the order.

The Family Court may choose from a variety of tools to remedy the non-compliance.

For example, you may be required to pay a bond to ensure you do not contravene the parenting order again, or to meet the reasonable costs incurred by the other party because of your contravention.
The court may admonish you, or vary the order, for example, by reducing the amount of time you have with the child.

The court takes non-compliance very seriously.

It is also an offence, without reasonable excuse and with the intention of preventing compliance with a parenting order, to contravene a parenting order.

The penalty for this offence is imprisonment for a term not exceeding 3 months or a fine not exceed- ing $2,500.
*Because of the history of your case, the following actions are likely to be taken in the event of one or other of the parties to the order not complying: [specify any par- ticular actions (eg, summonses, variation of order, bond, warrant) that are more likely to be considered because of the parties’ previous behaviour in relation to the order].

*Omit this paragraph if it does not apply.


*Bond This order requires [full name of person required to enter into the bond] to enter into a bond for the purpose of [state purpose of the bond].

[Full name of person required to enter into the bond] is required to deposit the sum of $[specify] with the Family Court at [place] by [date for payment of bond].
The bond may be forfeited to the Crown if [full name of person required to enter into the bond] does not meet the purpose of the bond or if the following circumstances apply: [specify circumstances that may result in forfeiture of the bond].

*Omit this section if it does not apply.


Date: Signature: (Registrar) 641 Schedule 10 Family Court Rules 2002 Reprinted as at 14 July 2017 Note This order may include terms of an agreement between parents or guardians of a child relating to any 1 or more of the following: (a) (b) (c) the role of providing day-to-day care for the child: contact with the child: the upbringing of the child.

See section 40 of the Care of Children Act 2004 for the circumstances in which agree- ment terms may be included.
General information to accompany parenting orders (as required by section 55(1) of the Care of Children Act 2004) See above information about— • • • • the effect of a parenting order; and the processes for the monitoring and review of the order; and the means by which the order can be varied or discharged; and the consequences that may follow if the order is not complied with.

Schedule 10 form COC 5: inserted, on 31 March 2014, by rule 46 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).
642 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 10 Form COC 6 Interim parenting order(s) Sections 40(3), 48, 55, and 70, Care of Children Act 2004 (General heading—Form G 2) r 416E On application made to it, the court orders that— (a) the following person has/people have* the role of providing day-to-day care of the child(ren) listed below, during the times stated: *Select one.
Full name of child and date of birth [state] Full name of person [state] Times when person has role of providing day-to-day care [specify] (b) the following person has/people have* contact with the child(ren) listed below, during the times and in the ways stated: *Select one.
Full name of child and date of birth [state] Full name of person Times, location, and nature of contact [state] [specify, eg, face-to-face contact, letters, telephone, email, supervised by a person other than an approved provider] Effect of interim parenting order The role of providing day-to-day care for a child continues until the child turns 16.
While exercising the role of providing day-to-day care for a child, you have exclusive responsibility for the child’s day-to-day living arrangements, subject to any court order and the following conditions (if any).

[State any conditions imposed under sec- tion 48(5) of the Care of Children Act 2004, including which party and child(ren) the conditions affect.]
If you are a guardian, unless your role or another guardian’s role is modified by a court order, you must act jointly (eg, consulting whenever practicable with the aim of reaching agreement) when making guardianship decisions for a child.

Duration of interim parenting order Select the statement that applies This order continues in effect until [state specific date or specific event] or until it is replaced by another interim order or final order, as the case may be.
or The court has directed that this order is to become a final parenting order on [date] unless, before that date,— • you notify the court that you wish to be heard; or 643 Schedule 10 Family Court Rules 2002 Reprinted as at 14 July 2017 • if a lawyer has been appointed to represent the child/children*, that lawyer has notified the court that he or she wishes to be heard.

*Select one.
*Select one.

If a parent has neither the role of providing day-to-day care nor contact If, under this order, a parent of a child has neither the role of providing day-to-day care for, nor contact with, the child, there must be a hearing within 3 months on whether a further interim order or a final order should replace this order.

Select the statement that applies I appoint [date within 3 months] at [time] at the Family Court at [place] for this hear- ing.
or I will advise you of that date, time, and place of the hearing as soon as practicable.

Application to vary or discharge If the order was made on an application without notice to you, you may make an ap- plication to the court to vary or discharge this order.
*Monitoring and review This order is subject to the following monitoring and review requirements: [specify details of any monitoring or review requirements relating to this order, including any dates or processes by which the order is to be reviewed or monitored, and any re- quirements for parties to report back to the court on progress].

See also the information sheet accompanying this order.

*Omit this paragraph if it does not apply.


Variation or discharge of this order Any person affected by this order, or a person acting for a child who is the subject of this order, may apply to the court to vary or discharge this order.

Consequences of non-compliance You must comply with the conditions of this parenting order.

If you do not, another party may apply to the court to enforce the order.

The Family Court may choose from a variety of tools to remedy the non-compliance.
For example, you may be required to pay a bond to ensure you do not contravene the parenting order again, or to meet the reasonable costs incurred by the other party because of your contravention.

The court may admonish you, or vary the order, for example, by reducing the amount of time you have with the child.

The court takes non-compliance very seriously.


It is also an offence, without reasonable excuse and with the intention of preventing compliance with a parenting order, to contravene a parenting order.

The penalty for 644 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 10 this offence is imprisonment for a term not exceeding 3 months or a fine not exceed- ing $2,500.
*Because of the history of your case, the following actions are likely to be taken in the event of one or other of the parties to the order not complying: [specify any par- ticular actions (eg, summonses, variation of order, bond, warrant) that are more likely to be considered because of the parties’ previous behaviour in relation to the order].

*Omit this paragraph if it does not apply.


*Bond This order requires [full name of person required to enter into the bond] to enter into a bond for the purpose of [state purpose of the bond].

[Full name of person required to enter into the bond] is required to deposit the sum of $[specify] with the Family Court at [place] by [date for payment of bond].
The bond may be forfeited to the Crown if [full name of person required to enter into the bond] does not meet the purpose of the bond or in the following circumstances: [specify circumstances that may result in forfeiture of the bond].

*Omit this section if it does not apply.


Date: Signature: (Registrar) Note This order may include terms of an agreement between parents or guardians of a child relating to 1 or more of the following: (a) (b) (c) the role of providing day-to-day care for the child: contact with the child: the upbringing of the child.

See section 40 of the Care of Children Act 2004 for the circumstances in which agree- ment terms may be included.
General information to accompany parenting orders (as required by section 55(1)(b) of the Care of Children Act 2004) See above information about— • • • • the effect of a parenting order; and the processes for the monitoring and review of the order; and the means by which the order can be varied or discharged; and the consequences that may follow if the order is not complied with.
645 Schedule 10 Family Court Rules 2002 Reprinted as at 14 July 2017 Schedule 10 form COC 6: inserted, on 31 March 2014, by rule 46 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

Schedule 10 form COC 6: amended, on 1 July 2014, by rule 36 of the Family Courts Amendment Rules (No 4) 2014 (LI 2014/180).
646 Reprinted as at 14 July 2017 Family Court Rules 2002 Schedule 10 Form COC 7 Bond to ensure compliance with parenting order r 416E Section 70, Care of Children Act 2004 (General Heading—Form G 2) The court orders that [full name of person required to pay bond] pay a bond as an assurance that he or she will not again contravene the parenting order dated [date].
[Full name of person required to pay bond] is required to deposit the sum of $[spe- cify] with the Family Court at [place] by [date for payment of bond] and in the fol- lowing way (or ways) [describe method of payment, eg, cheque or cash].

This bond may be forfeited to the Crown if [full name of person required to pay bond] breaches the following conditions of the parenting order: [specify conditions the breach of which may lead to some or all of the money being forfeited].
After [date], the deposited bond money will no longer be required, and will be refun- ded subject to any direction of the court under section 70(4) of the Act.

Date: Signature: (Judge) Important notes for person required to pay bond Consequences of contravening parenting order 1 2 If you contravene the parenting order again by breaching the conditions speci- fied above, the court may direct that some or all of the bond is forfeited to the Crown.
The court will take into account— (a) (b) (c) (d) the reason the bond was imposed; and the extent to which the conditions of the bond have been met or breach- ed; and any explanation given for the breach of the bond conditions; and all other matters the court considers relevant.
If you have contravened a parenting order, the court may order you to pay all or part of the costs of another party to the parenting order if the court is satisfied that— (a) (b) (c) you contravened the parenting order and had no reasonable excuse for doing so; and the contravention caused the other party to incur the costs; and the costs the other party incurred were reasonable in the circumstances.
647 Schedule 10 Family Court Rules 2002 Reprinted as at 14 July 2017 Any such payment may be required from you or may be forfeited from this bond.

Refunds Any money that is not forfeited by a direction of the court will be refunded to you on the earlier of the following dates: (a) (b) the date on which the parenting order comes to have effect: the date specified above your signature on this bond.
Schedule 10 form COC 7: inserted, on 31 March 2014, by rule 46 of the Family Courts Amendment Rules (No 2) 2014 (LI 2014/4).

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 19 September 2002.

Marie Shroff, Clerk of the Executive Council.


648 Reprinted as at 14 July 2017 Family Court Rules 2002 Family Courts Amendment Rules (No 2) 2014 (LI 2014/4) Jerry Mateparae, Governor-General Order in Council At Wellington this 21st day of January 2014 Present: His Excellency the Governor-General in Council Pursuant to section 16A of the Family Courts Act 1980, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Coun- cil, makes the following rules.
1 2 3 47 (1) Rules Title These rules are the Family Courts Amendment Rules (No 2) 2014.

Commencement These rules come into force on 31 March 2014.

Principal rules These rules amend the Family Courts Rules 2002 (the principal rules).
Part 3 Other amendments and transitional provisions Transitional provision Proceedings commenced before these rules come into force In this rule, existing proceeding means a proceeding— (a) (b) that was commenced by an application under the Care of Children Act 2004 (other than an application under subpart 4 of Part 2 of that Act, which relates to international child abduction); and in which the application was filed before the commencement of these rules; and (c) in which the application has not been finally disposed of.
649 Family Court Rules 2002 Reprinted as at 14 July 2017 (2) As soon as practicable after the date on which these rules come into force, the Registrar of every Family Court must allocate each existing proceeding to an appropriate track, in accordance with Part 5A of the principal rules (as inserted by these rules), and to an appropriate stage of that track.
(3) The proceeding must, from the time of that allocation, be dealt with in accord- ance with Part 5A of the principal rules, subject to— (a) (b) section 165 of the Care of Children Act 2004; and any direction or order of a Judge.

(4) To avoid doubt, nothing in these rules affects any proceedings under subpart 4 of Part 2 of the Care of Children Act 2004 (which relates to international child abduction), whether those proceedings were commenced before or after these rules come into force.
Date of notification in Gazette: 23 January 2014.

Rebecca Kitteridge, Clerk of the Executive Council.

650 Reprinted as at 14 July 2017 Reprints notes Family Court Rules 2002 Notes 1 2 General This is a reprint of the Family Court Rules 2002 that incorporates all the amendments to those rules as at the date of the last amendment to them.

Legal status Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment.
Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act.

A printed version of the reprint produced directly from this official elec- tronic version also has official status.

3 Editorial and format changes Editorial and format changes to reprints are made using the powers under sec- tions 24 to 26 of the Legislation Act 2012.

See also http://www.pco.parlia- ment.govt.nz/editorial-conventions/.
4 Amendments incorporated in this reprint Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31): section 149 District Court Act 2016 (2016 No 49): sections 254–255 Senior Courts Act 2016 (2016 No 48): section 183(c) Family Courts Amendment Rules 2015 (LI 2015/155) Family Courts Amendment Rules (No 5) 2014 (LI 2014/214) Family Courts Amendment Rules (No 4) 2014 (LI 2014/180) Family Courts Amendment Rules (No 3) 2014 (LI 2014/87) Family Courts Amendment Rules (No 2) 2014 (LI 2014/4) Family Courts Amendment Rules 2014 (LI 2014/3) Family Courts Amendment Rules (No 3) 2013 (SR 2013/414) Family Courts (Trans-Tasman Proceedings Act 2010) Amendment Rules 2013 (SR 2013/347) Family Courts Amendment Rules (No 2) 2013 (SR 2013/300) Family Courts Amendment Rules 2013 (SR 2013/181) Family Courts Amendment Rules 2011 (SR 2011/349) Family Courts Amendment Rules (No 3) 2010 (SR 2010/368) Family Courts Amendment Rules (No 2) 2010 (SR 2010/122) Family Courts Amendment Rules 2010 (SR 2010/97) Domestic Violence Amendment Act 2009 (2009 No 43): section 10 Family Courts Amendment Rules (No 2) 2009 (SR 2009/292) Family Courts Amendment Rules 2009 (SR 2009/185) Māori Trustee Amendment Act 2009 (2009 No 12): section 30(2)(a) 651 Notes Family Court Rules 2002 Reprinted as at 14 July 2017 Family Courts Fees Regulations 2009 (SR 2009/88): regulation 11(1) Family Courts Amendment Rules (No 2) 2008 (SR 2008/316) Policing Act 2008 (2008 No 72): section 116(a)(i), (ii) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48): sec- tion 49(2) Family Courts Amendment Rules 2008 (SR 2008/207) Family Courts Amendment Rules 2007 (SR 2007/197) Family Courts Amendment Rules 2006 (SR 2006/325) Family Courts Amendment Rules 2005 (SR 2005/101) Relationships (Statutory References) Act 2005 (2005 No 3): section 8 Family Courts Amendment Rules (No 2) 2004 (SR 2004/468) Civil Union Act 2004 (2004 No 102): section 46 Family Courts Amendment Rules 2004 (SR 2004/165) State Sector Amendment Act 2003 (2003 No 41): section 14 Department of Child, Youth and Family Services Act 1999 (1999 No 82): section 11(5) Wellington, New Zealand: Published under the authority of the New Zealand Government—2017 652