Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698753367256.pdf (New Zealand)
2014/3 Family Courts Amendment Rules 2014 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 Excel- lency the Governor-General, acting on the advice and with the con- sent of the Executive Council, makes the following rules.
Contents Title Commencement Principal rules Rule 8 amended (Interpretation) Rule 75 replaced (Filing documents) 75 Rule 76 replaced (Ways documents may be presented for filing) 76 Rules 89 and 90 replaced 89 Ways documents may be presented for filing Filing documents Interpretation Page 3 3 3 3 4 4 5 5 5 5 1 Family Courts Amendment Rules 2014 2014/3 90 Minor must be represented by next friend or litigation guardian 90A Minor may apply to take part in proceedings 90B 90C 90D 90E 90F 90G 90H 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 Rule 91 amended (Managers under Protection of Personal and Property Rights Act 1988) Rule 92 amended (Family Courts appointing guardians ad litem or managers for proceedings in District Courts) Rule 95 amended (Responsibility of representative for costs) Rule 97 amended (Retirement, removal, or death of representative) Rule 98 amended (When further steps to be taken by party and not by representative or manager) Rule 107 amended (Personal service) Rule 119 amended (When and how documents under rule 118 to be treated as served) Rule 125 amended (Service on party not invalid just because person incapable of taking part in proceedings) Rule 137 replaced (Interrogatories: District Courts Rules 2009 apply) 137 New rules 195A and 195B and cross-heading inserted Interrogatories: District Courts Rules 2009 apply Discontinuance 195A Discontinuance 195B Court may set discontinuance aside Rule 197 amended (Time and mode of giving judgment) Rule 382 amended (Order for directions as to service or for representation) Rule 417 amended (Overview of this Part) (1) (2) (3) 2014/3 Family Courts Amendment Rules 2014 Rules 426 to 431 replaced 426 427 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 Rules 426 to 429 are subject to other provisions 428 429 430 Schedule 1 amended Schedule 5 amended Schedule New form G 29 inserted in Schedule 1 r 4 14 14 15 16 16 17 17 17 18 Rules Title These rules are the Family Courts Amendment Rules 2014.
Commencement These rules come into force on 1 March 2014.

Principal rules These rules amend the Family Courts Rules 2002 (the princi- pal rules).

Rule 8 amended (Interpretation) In rule 8, insert in its appropriate alphabetical order: “fee means a court fee prescribed by the Family Courts Fees Regulations 2009”.

In rule 8, replace the definition of lawyer with: “lawyer has the meaning given to it by section 6 of the Lawyers and Conveyancers Act 2006”.
In rule 8, definition of litigation guardian, replace paragraph (a) with: “(a) a person who is appointed under rule 90C, 90D, or 90F to conduct a proceeding; and”.
(4) In rule 8, replace the definition of representative with: 3 r 5 Family Courts Amendment Rules 2014 2014/3 “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 Do- mestic Violence Act 1995 applies (that is, a person lacking capacity); or a person appointed under rule 90F as a litigation guardian for an incapacitated 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 personally by reason of physical incapacity or fear of harm or other sufficient 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 application personally by rea- son of physical incapacity or fear of harm or other suf- ficient 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 attorney authorises the attorney to bring or defend proceedings on behalf of the person, and only in a proceeding to which that authority extends)”.
5 Rule 75 replaced (Filing documents) Replace rule 75 with: “75 Filing documents “(1) 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 4 2014/3 Family Courts Amendment Rules 2014 r 7 “(b) pay any applicable fee that has not been waived or post- poned by the Registrar.
“(2) A document is filed when it is accepted for filing by the Regis- trar.” 6 Rule 76 replaced (Ways documents may be presented for filing) Replace rule 76 with: “76 Ways documents may be presented for filing “(1) Any document may be presented for filing at a court office “(2) delivering it to the Registrar by hand; or sending it to the court office by prepaid post.
by— “(a) “(b) 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 application, the document may be presented for filing at a court office— “(a) by either of the ways specified in subclause (1); or “(b) 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).” 7 “89 Rules 89 and 90 replaced Replace rules 89 and 90 with: 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 defend- ing proceedings.
“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 pro- ceedings without— “(a) a next friend; or 5 r 7 Family Courts Amendment Rules 2014 2014/3 “(b) a litigation guardian.
“(2) Subclause (1) does not apply to a minor who— “(a) “(b) “(c) is required by an enactment to take part in proceed- ings without a next friend or litigation guardian (for ex- ample, sections 9(4) and 71 of the Domestic Violence Act 1995); or is permitted by an enactment to take part in proceed- ings without a next friend or litigation guardian (for ex- ample, 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 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 Sched- ule 2 r 4.31 “90A Minor may apply to take part in proceedings without next friend or litigation guardian “(a) “(b) “(1) This rule applies to a minor under the age of 18 years who— 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 without 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 Regis- trar 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) the minor is capable of making the decisions required or likely to be required in the proceedings; and “(b) 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 6 2014/3 Family Courts Amendment Rules 2014 r 7 “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 pro- ceedings on behalf of the minor; and “(ii) does not have interests adverse to those of the minor; and “(b) an undertaking to be responsible for any costs awarded in the proceedings against the minor.
“Compare: SR 2002/261 r 90(4) (pre-1 March 2014) “90C Appointment of litigation guardian for minor “(1) 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.
“(2) The court or Registrar may appoint a litigation guardian if the court or Registrar is satisfied that— “(a) the person for whom the litigation guardian is to be ap- pointed is a minor; and the litigation guardian— “(i) is able fairly and competently to conduct pro- ceedings on behalf of the minor; and “(b) “(ii) does not have interests adverse to those of the minor; and “(iii) consents to being a litigation guardian.
“(3) In deciding whether to appoint a litigation guardian, the court or Registrar may have regard to any matters the court or Regis- trar considers appropriate, including the views of the person for whom the litigation guardian is to be appointed.
“(4) The court or Registrar may appoint a litigation guardian under on the court’s or Registrar’s own initiative; or this rule at any time— “(a) “(b) on an interlocutory application made with or without notice by any person, 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 Sched- ule 2 r 4.35 7 r 7 Family Courts Amendment Rules 2014 2014/3 “90D Appointment of litigation guardian for person to whom section 11 of Domestic Violence Act 1995 applies “(1) 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).
“(2) 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 guardian— “(a) is able fairly and competently to conduct proceedings on behalf of the person; and “(b) does not have interests adverse to those of the person; and consents to being a litigation guardian.
“(c) “(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 notice, in form DV 7,— “(a) “(b) by a party to the proceedings; or “(c) “Compare: SR 2002/261 r 90(2), (3) (pre-1 March 2014) by any other person, with the leave of the court.
by the proposed litigation guardian; or “90E Incapacitated person must be represented by litigation guardian “(2) “(1) An incapacitated person must not take part in proceedings without a litigation guardian, unless the court otherwise orders.

If a person becomes an incapacitated person during a proceed- ing, 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 “90F Appointment of litigation guardian for incapacitated person “(1) 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.
8 2014/3 Family Courts Amendment Rules 2014 r 7 “(2) The court or Registrar may appoint a litigation guardian if the court or Registrar is satisfied that— “(a) the person for whom the litigation guardian is to be ap- pointed is an incapacitated person; and the litigation guardian— “(i) is able fairly and competently to conduct pro- ceedings on behalf of the incapacitated person; and “(b) “(ii) does not have interests adverse to those of the incapacitated person; and “(iii) consents to being a litigation guardian.
“(3) In deciding whether to appoint a litigation guardian, the court or Registrar may have regard to any matters the court or Regis- trar considers appropriate, including the views of the person for whom the litigation guardian is to be appointed.

“(4) The court or Registrar may appoint a litigation guardian under on the court’s or Registrar’s own initiative; or this rule at any time— “(a) “(b) on the application of any person, including a person seeking to be appointed as litigation guardian.
“Compare: SR 2002/261 r 90(3A), (3B), (3C) (pre-1 March 2014); 1908 No 89 Schedule 2 r 4.35 “90G Notification of appointment “(1) A person appointed under rule 90C, 90D, or 90F as a litiga- tion 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 ap- pointing 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 9 r 8 Family Courts Amendment Rules 2014 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 man- ager, if— “(a) “(ii) a manager has been appointed for the person by a prop- erty order made under section 31 of the Protection of Personal and Property Rights Act 1988 and— “(i) 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 a trustee corporation is acting as a manager for the per- son under an application under section 32 or 33 of the Protection of Personal and Property 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 cor- poration under the application.
“Compare: SR 2002/261 r 89(3) (pre-1 March 2014)”.

“(b) Rule 91 amended (Managers under Protection of Personal and Property Rights Act 1988) In rule 91(2) and (3), replace “rule 90” with “rule 90D or 90F”.

Rule 92 amended (Family Courts appointing guardians ad litem or managers for proceedings in District Courts) In rule 92(b), replace “rule 90(5)” with “rule 90G”.

Rule 95 amended (Responsibility of representative for costs) In rule 95(2), replace “rule 90(1) or (2)” with “rule 90C or 90D”.
Rule 97 amended (Retirement, removal, or death of representative) In rule 97(5)(a), delete “under rule 90”.

8 9 10 11 10 2014/3 Family Courts Amendment Rules 2014 r 16 Rule 98 amended (When further steps to be taken by party and not by representative or manager) In rule 98(1)(c), replace “rule 90(2)” with “rule 90D”.

Rule 107 amended (Personal service) In rule 107(3)(a), replace “rule 90(2)” with “rule 90D”.
Rule 119 amended (When and how documents under rule 118 to be treated as served) In rule 119(4)(b), replace “rule 120(b)” with “rule 120(1)(b)”.

Rule 125 amended (Service on party not invalid just because person incapable of taking part in proceedings) In rule 125(1), replace “rule 89” with “rule 90, 90E, or 90H”.
Rule 137 replaced (Interrogatories: District Courts Rules 2009 apply) Replace rule 137 with: “137 Interrogatories: District Courts Rules 2009 apply The following DCRs apply, so far as applicable and with all necessary modifications, to proceedings in a court: “(a) 3.63.1, which applies HCR 8.34—interrogatories by notice: “(b) 3.63.2, which applies HCR 8.35—duties of party “(c) served: 3.63.3, which applies HCR 8.36—limitation of inter- rogatories by notice: “(d) 3.63.4, which applies HCR 8.37—multiple parties: 3.63.5, which applies HCR 8.38—order to answer: “(e) 3.63.6, which applies HCR 8.39—contents of state- “(f) ment: “(g) 3.63.7, which applies HCR 8.40—objection to answer: “(h) 3.63.8, which applies HCR 8.41—who may swear affi- davit verifying statement in answer to interrogatories: 3.63.9, which applies HCR 8.42—insufficient answer: 3.63.10, which applies HCR 8.43—incorrect answer to be amended: “(i) “(j) 11 r 17 Family Courts Amendment Rules 2014 2014/3 “(k) 3.63.11, which applies HCR 8.44—answers as evi- dence: 3.63.12, which applies HCR 8.45—public interest.” “(l) 17 New rules 195A and 195B and cross-heading inserted After rule 195, insert: “Discontinuance “195A Discontinuance “(1) At any time before or during the hearing of his or her sub- stantive 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,— “(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 de- termine the applicant’s substantive application; or a Judge, in any other case.

“(b) “(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 affidavit 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 appli- cation discontinuing the applicant’s substantive appli- cation against 1 or more specified respondents; or “(b) dismiss the interlocutory application.
If a discontinuance order is made under subclause (4)(a),— “(a) the applicant’s substantive application ends against those respondents specified in the order; and the Registrar must serve on every party to the appli- cant’s substantive application a discontinuance order in form G 29.

“(b) “(5) 12 2014/3 Family Courts Amendment Rules 2014 r 18 “(6) The discontinuance of an applicant’s substantive application does not affect the determination of costs in respect of that application.
“195B Court may set discontinuance aside “(1) A respondent against whom a substantive application is dis- continued under rule 195A may make an interlocutory appli- cation to the court for an order setting the discontinuance aside.

“(2) An interlocutory application under subclause (1) must be made— “(a) within 21 working days after the date on which the dis- continuance 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 subclause (1), the Judge may, under rule 224, di- rect the respondent making the interlocutory application to file an affidavit in support.
“(4) On the hearing of an interlocutory application made under sub- clause (1), the Judge may make an order setting the discontinu- ance aside if the Judge is satisfied that in all the circumstances it is appropriate to do so.” 18 Rule 197 amended (Time and mode of giving judgment) Replace rule 197(4) with: “(4) A written judgment is given when the judgment— “(a) “(b) is— “(i) “(ii) signed by the Judge (or by the Registrar, in ac- cordance with rule 12(4)); or authenticated by the Judge in accordance with subclause (4A); and is endorsed with the date and time that purport to be the date on which and the time at which— “(i) the Judge (or Registrar) signed the judgment in accordance with paragraph (a)(i); or the Judge authenticated the judgment in accord- ance with paragraph (a)(ii).
“(ii) 13 r 19 Family Courts Amendment Rules 2014 2014/3 “(4A) If an order is made by a Judge on an application without notice and that order is to be transmitted electronically to the Regis- trar at the court in which the application was filed, the order may be authenticated by the Judge by any electronic means that adequately identifies the Judge.” 19 20 21 Rule 382 amended (Order for directions as to service or for representation) In rule 382(2), replace “rule 90” with “rule 90B, 90C, 90D, or 90F”.
Rule 417 amended (Overview of this Part) Revoke rule 417(4)(c).
Rules 426 to 431 replaced Replace rules 426 to 431 with: “426 Interpretation In rules 427 to 430,— “access means to do any or all of the following under the super- vision of an officer of the court: search any court file: “(a) inspect any document on a court file: “(b) copy any document, or part or parts of a document or “(c) court file “court file means a collection of documents in the custody or control of the court that relate to a proceeding “document— “(a) means any written material in the custody or control of the court that relates to a proceeding (including any interlocutory application associated with the proceed- ing), whether or not kept on a court file; and includes documentary exhibits, video recordings, records in electronic form, films, photographs, and images in electronic form; but excludes— “(i) notes made by or for a Judge or Registrar for his or her personal use; and “(b) “(c) 14 2014/3 Family Courts Amendment Rules 2014 r 21 “(ii) any document that discloses the address of an applicant who— “(A) is an applicant for a protection order; and “(B) has advised the court that he or she wishes his or her address to be kept confidential under rule 311; and “(iii) any material that relates to the administration of the court “(b) “(c) “first access period means the period that— “(a) 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) 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 “(ii) “second access period means the period that— “(a) 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.
“(b) “(c) “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.
“(a) “(b) “(c) “(2) The persons referred to in subclause (1) are— a party to the proceedings: a lawyer acting for a party to the proceedings: any of the following persons in relation to proceedings under the Children, Young Persons, and Their Families Act 1989: “(i) a lawyer representing a child or young person who is the subject of the proceedings: 15 r 21 Family Courts Amendment Rules 2014 2014/3 “(ii) a lawyer appointed to assist the court in the pro- ceedings: “(iii) a lay advocate appointed to appear in support of a child or young person who is the subject of the proceedings: “(iv) a care and protection co-ordinator: a youth justice co-ordinator: “(v) the Children’s Commissioner, or a person author- “(vi) ised by the Children’s Commissioner to act on behalf of that Commissioner: a person who has been permitted access to a document or court file on an application made under rule 429.
“(d) “(3) Despite subclause (1), a person referred to in subclause (2) may not have access to a document or court file if— “(a) to allow the person access to the document or court file would contravene 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.
“(b) “428 Access to documents and court files during second access period A person seeking access to a document or court file during the second access period must make an application to the court under rule 429.

“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) under rule 428, during the second access period.
“(2) An application under this rule is made by letter to a Judge and under rule 427(1)(d), during the first access period; or 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 applicant; and must— “(a) “(b) 16 2014/3 Family Courts Amendment Rules 2014 r 23 “(3) “(c) explain the purpose for which the applicant seeks that access to the document or court file.
If on receipt of an application under subclause (2) the Judge considers that the applicant has a genuine and proper interest, the Judge may— “(a) make an order permitting the applicant access to the document or court file; or “(b) direct that the application be treated as an interlocutory application on notice.

“(4) An order or direction made under subclause (3) may be made on such terms and conditions as the Judge thinks fit.
“430 Rules 426 to 429 are subject to other provisions Rules 426 to 429 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.” 22 23 Schedule 1 amended In Schedule 1, after form G 28, insert the form G 29 set out in the Schedule of these rules.

Schedule 5 amended In Schedule 5, in the form DV 7 heading, replace “r 90(2)” with “r 90D”.
17 Schedule Family Courts Amendment Rules 2014 2014/3 Schedule New form G 29 inserted in Schedule 1 Form G 29 Discontinuance order (General heading—Form G 2) r 22 r 195A(5)(b) 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 discontinued] 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 discontinued] 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 discontinued] 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 applica- tion for [specify the application discontinued] against [name of every respondent against whom the application is discon- tinued].

2 3 Date: Signature: (Registrar/Deputy Registrar*) *Select one.
18 2014/3 Family Courts Amendment Rules 2014 Schedule Form G 29—continued 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 the court may make no further order on the applicant’s appli- cation 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 application 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.

19 Explanatory note Family Courts Amendment Rules 2014 2014/3 Rebecca Kitteridge, Clerk of the Executive Council.

Explanatory note This note is not part of the rules, but is intended to indicate their general effect.

These rules, which come into force on 1 March 2014, amend the Family Courts Rules 2002 (the principal rules).
The amendments— • amend rule 8 of the principal rules to— • update the definition of lawyer to take account of the Lawyers and Conveyancers Act 2006; and make changes to the definitions of litigation guardian and representative, consequential on the changes in rule 7 of these rules: • replace rules 75 and 76 of the principal rules to allow appli- cations made without notice and documents supporting such applications to be presented for filing by electronic means: replace rules 89 and 90 of the principal rules with provisions that distinguish between the appointment of representatives for incapacitated persons and the appointment of representa- tives for minors.
In respect of the latter, the following 3 sub- stantive changes are made: • a minor aged 18 years or older may take part in proceed- ings without a representative; and a minor under 18 years may apply to the court for an order allowing him or her to take part in proceedings without a representative; and the court or a Registrar may appoint a litigation guardian for a minor on the court’s or Registrar’s own initiative: • • replace rule 137 of the principal rules to update references to the applicable interrogatories provisions in the District Courts Rules 2009 and High Court Rules, which is necessary as a consequence of the coming into force on 1 February 2012 of the District Courts (Discovery, Inspection, and Interrogato- • • • 20 2014/3 Family Courts Amendment Rules 2014 Explanatory note • • • • ries) Amendment Rules 2011 and the High Court Amendment Rules (No 2) 2011: insert in the principal rules new rules 195A and 195B to pro- vide for the discontinuance of an application as follows: • new rule 195A enables an applicant, at any time before or during the hearing of his or her application, to apply to the court to discontinue the application against all or any respondents.
If a discontinuance order is made, the application ends against every respondent specified in the order and the Registrar must serve on every party a notice of discontinuance in new form G 29, which is inserted in Schedule 1 of the principal rules: new rule 195B enables a respondent against whom an application is discontinued to apply to the court for an order setting the discontinuance aside.
The court may make such an order if it is satisfied in all the circum- stances that it is appropriate to do so: • amend rule 197 of the principal rules to enable Judges to au- thenticate (electronically sign) judgments made on without no- tice applications that are to be transmitted electronically to the court in which the application was filed: revoke rule 417(4)(c) because fees payable in respect of Fam- ily Court proceedings are now prescribed in the Family Courts Fees Regulations 2009: replace rules 426 to 431 of the principal rules with new pro- visions about who may search, inspect, and copy court docu- ments and files.
The new provisions afford substantially the same access as the existing rules except that,— • where an application must be made for access to a court document or file, that application is determined by a Judge but not a Registrar: the process for making that application and determin- ation is specified.

• 21 Family Courts Amendment Rules 2014 2014/3 Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 23 January 2014.


These rules are administered by the Ministry of Justice.

12 22 Wellington, New Zealand: Published under the authority of the New Zealand Government—2014