Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698831053069.pdf (New Zealand)
2010/122 Family Courts Amendment Rules (No 2) 2010 Anand Satyanand, Governor-General Order in Council At Wellington this 24th day of May 2010 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 amended Interpretation Notice of objection to direction to attend programme New rules 431A and 431B inserted 431A Information requested by District Court for purposes of section 124N of Domestic Violence Act 1995 431B Information requested by sentencing court for purposes of section 123B of Sentencing Act 2002 Page 2 2 2 2 3 3 3 3 1 r 1 7 1 2 3 4 Family Courts Amendment Rules (No 2) 2010 Schedule 5 amended 2010/122 4 Rules Title These rules are the Family Courts Amendment Rules (No 2) 2010.
Commencement These rules come into force on 1 July 2010.

Principal rules amended These rules amend the Family Courts Rules 2002.
Interpretation Rule 304 is amended by adding the following subclauses as subclauses (2) to (5): “(2) For the purposes of rule 312 and the forms in Schedule 5, ap- plicant 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 Sentenc- ing Act 2002.
“(3) 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.

“(4) For the purposes of this rule and rules 307, 312, and 323 and the forms in Schedule 5, respondent includes— “(a) a person against whom a temporary protection order is issued under section 124N of the Act; and an offender against whom a protection order is made under section 123B of the Sentencing Act 2002.
“(b) “(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.” 2 2010/122 Family Courts Amendment Rules (No 2) 2010 r 6 5 6 Notice of objection to direction to attend programme Rule 319(2) is amended by revoking paragraph (a) and substi- tuting the following paragraph: “(a) arrange for a copy of the notice to be served on the applicant; and”.
New rules 431A and 431B inserted The following rules are inserted after rule 431: “431A Information requested by District Court for purposes of “(1) section 124N of Domestic Violence Act 1995 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) 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.

“(3) 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 currently pending determination.
“(4) A Registrar of a Family Court to whom a request under sub- clause (3) is made must respond to that request without delay.
“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 of- fence; 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 Sen- tencing Act 2002.
3 r 7 Family Courts Amendment Rules (No 2) 2010 2010/122 “(2) The Registrar of the court may request the Registrar of a Fam- ily Court to confirm whether there is currently in force a pro- tection order against the offender made under the Domestic Violence Act 1995 for the protection of the victim of the of- fence.

“(3) A Registrar of a Family Court to whom a request under sub- clause (2) is made must respond to that request without delay.
In this rule, domestic violence offence and victim of the of- fence have the meanings given to them by section 123A of the Sentencing Act 2002.” “(4) 7 (1) (2) Schedule 5 amended The heading to form DV 15 of Schedule 5 prescribing a pro- tection order is amended by omitting “Section 14,” and substi- tuting “Sections 14, 77, and 124N,”.
Form DV 15 of Schedule 5 is amended by inserting the follow- ing paragraph before the heading “*Order to apply against other person(s) (or associated respondent(s))”: “*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).” Michael Webster, for Clerk of the Executive Council.
Explanatory note This note is not part of the rules, but is intended to indicate their general effect.

These rules, which come into force on 1 July 2010, amend the Fam- ily Courts Rules 2002 (the principal rules) consequentially on the coming into force of the Domestic Violence Amendment Act 2009 and the Sentencing Amendment Act (No 2) 2009.
4 2010/122 Family Courts Amendment Rules (No 2) 2010 Explanatory note The effect of the amendments is that certain provisions in the prin- cipal rules relating to protection orders will also apply to protection orders made under— • • The amendments also require a Family Court to provide, on request, certain information to— • section 124N of the Domestic Violence Act 1995: section 123B of the Sentencing Act 2002. a District Court that, on a complaint made under section 124L(3) of the Domestic Violence Act 1995, may make a temporary protection order under section 124N(2) of that Act (see new rule 431A): a sentencing court that, under section 123B of the Sentencing Act 2002, may make a protection order against an offender convicted of a domestic violence offence (see new rule 431B).
• Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 27 May 2010.

These rules are administered by the Ministry of Justice.

12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2010 5