Family Court Act 1980

1:
1: This Act is the Family Court Act 1980
2: Except as provided in subsection (3), this Act shall come into force on 1 October 1981.
3: Section 6 Section 1 heading amended 1 March 2017 section 251(1) District Court Act 2016 Section 1(1) amended 1 March 2017 section 251(2) District Court Act 2016
1A: Purpose
The purpose of this Act is to—
a: establish a Family Court as a division of the District Court; and
b: provide for the constitution, jurisdiction, powers, and procedures of the Family Court. Section 1A inserted 1 March 2017 section 252 District Court Act 2016
2: Interpretation
In this Act, unless the context otherwise requires,— District Court Rules section 228 Family Court Judge Family Court Rules section 16A Section 2 replaced 13 September 2002 section 3 Family Courts Amendment Act 2000 Section 2 District Court Rules inserted 1 March 2017 section 261 District Court Act 2016 Section 2 District Courts Rules repealed 1 March 2017 section 261 District Court Act 2016 Section 2 Family Court Rules inserted 1 March 2017 section 261 District Court Act 2016 Section 2 Family Courts Rules repealed 1 March 2017 section 261 District Court Act 2016
3: Act to bind the Crown
This Act shall bind the Crown.
4: Establishment of Family Court
The District Court has a division known as the Family Court. Section 4 replaced 1 March 2017 section 261 District Court Act 2016
5: Appointment of Family Court Judges
1: The Governor-General shall from time to time, by warrant under his hand, appoint sufficient Family Court Judges to exercise the jurisdiction of the Family Court
2: A person shall not be appointed to be a Family Court Judge unless—
a: he is, or is eligible to be, a District Court Judge; and
b: he is, by reason of his training, experience, and personality, a suitable person to deal with matters of family law.
3: If the appointee is not, at the time of his appointment, a District Court Judge, he shall be appointed to that office.
4: Notwithstanding his appointment as a Family Court Judge, any Family Court Judge may from time to time sit as or exercise any of the powers of a District Court Judge.
5: Subject to subsection (6), every Family Court Judge shall hold that office so long as he holds office as a District Court Judge.
6: With the prior approval of the Governor-General, any Family Court Judge may resign that office without resigning his office as a District Court Judge. Section 5(1) amended 1 March 2017 section 261 District Court Act 2016
6: Principal Family Court Judge
1: The Governor-General must, on the advice of the Attorney-General, appoint a Principal Family Court Judge.
2: The appointment must be for a period of 8 years, and the person is not eligible for reappointment.
3: A person's appointment as Principal Family Court Judge ceases if he or she ceases to hold office as a District Court Judge.
4: With the prior approval of the Governor-General, the Principal Family Court Judge may resign that office but continue in office as a District Court Judge.
5: To avoid doubt, a person does not cease to hold office as a District Court Judge solely because the term of the person's appointment as Principal Family Court Judge has come to an end.
6: Despite subsection (2)
7: The Principal Family Court Judge is responsible for ensuring the orderly and expeditious discharge of the business of the court in consultation with the Chief District Court Judge. Section 6 replaced 20 May 2004 section 3 Family Courts Amendment Act 2004
7: Acting Family Court Judges
1: The Chief District Court Judge may authorise a Family Court Judge to act in place of the Principal Family Court Judge if—
a: the Principal Family Court Judge is absent for any reason; or
b: the office of the Principal Family Court Judge is vacant.
2: The Governor-General may at any time during the illness or absence of any Family Court Judge, or for any other temporary purpose, by warrant under his hand, appoint 1 or more District Court Judges (including any Judge appointed under section 31 Section 7(1) replaced 1 March 2017 section 4 Family Courts Amendment Act 2016 Section 7(2) amended 1 March 2017 section 261 District Court Act 2016
7A: Appointment of Family Court Associates
1: The Governor-General may, on the recommendation of the Attorney-General, appoint 1 or more Family Court Associates.
2: The Governor-General appoints a Family Court Associate by a signed warrant of appointment.
3: A Family Court Associate may be appointed on a part-time or full-time basis.
4: A person may be appointed a Family Court Associate if the person—
a: has, for at least 7 years, held a New Zealand practising certificate as a barrister or as a barrister and solicitor; and
b: is, by reason of their training, experience, and personality a suitable person to hold the office of Family Court Associate. Section 7A inserted 6 June 2023 section 4 Family Court (Family Court Associates) Legislation Act 2023
7B: Term of appointment of Family Court Associates
A Family Court Associate is appointed for a term of not more than 7 years and may be reappointed for 1 or more further terms. Section 7B inserted 6 June 2023 section 4 Family Court (Family Court Associates) Legislation Act 2023
7E: Remuneration of Family Court Associates
1: A Family Court Associate must be paid, out of public money and without further appropriation than this section,—
a: a salary, a fee, or an allowance at the rate determined by the Remuneration Authority; and
b: any additional allowances, (including travelling allowances and expenses) in accordance with the Fees and Travelling Allowances Act 1951
2: Expenses may be incurred, without further appropriation than this section, to meet the salaries, fees, or allowances determined under subsection (1)﻿(a).
3: For the purposes of subsection (1)﻿(b), the Fees and Travelling Allowances Act 1951 section 2 Section 7E inserted 6 June 2023 section 4 Family Court (Family Court Associates) Legislation Act 2023
7F: Remuneration of Family Court Associates must not be reduced
The remuneration payable to a Family Court Associate must not be reduced while the Family Court Associate holds office. Section 7F inserted 6 June 2023 section 4 Family Court (Family Court Associates) Legislation Act 2023
7G: Restrictions on Family Court Associates
A Family Court Associate must not—
a: hold any office or engage in any employment or occupation that will, in the opinion of the Governor-General, impair the proper discharge of the functions of a Family Court Associate; or
b: practise as a lawyer; or
c: be employed by the Ministry of Justice or the Department of Corrections. Section 7G inserted 6 June 2023 section 4 Family Court (Family Court Associates) Legislation Act 2023
7I: Resignation of Family Court Associates
A Family Court Associate may at any time resign by written notice to the Attorney-General. Section 7I inserted 6 June 2023 section 4 Family Court (Family Court Associates) Legislation Act 2023
7J: Removal of Family Court Associates
1: The Governor-General may, on the advice of the Attorney-General, remove a Family Court Associate from office for inability or misbehaviour.
2: Subsection (1) is subject to sections 33(2) 34
a: a Judicial Conduct Panel has reported to the Attorney-General that it is of the opinion that consideration of the removal of the Family Court Associate is justified; or
b: the Family Court Associate has been convicted of a criminal offence punishable by imprisonment for 2 or more years and the Attorney-General takes steps independently of that Act to initiate the removal of the Family Court Associate. Section 7J inserted 6 June 2023 section 4 Family Court (Family Court Associates) Legislation Act 2023
8: Counselling supervisors, counsellors, and other officers
1: There shall from time to time be appointed under the Public Service Act 2020 Ministry of Justice chief executive of the Ministry of Justice Court
2: Without limiting subsection (1), there may from time to time be appointed under the Public Service Act 2020 the Family Court to perform any function conferred on it
3: Every such counselling supervisor, counsellor, and other officer, while performing any duty under the auspices of the Family Court, is for the purposes of the District Court Act 2016 Section 8(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 8(1) amended 1 March 2017 section 261 District Court Act 2016 Section 8(1) amended 1 October 2003 section 14(1) State Sector Amendment Act 2003 Section 8(1) amended 1 October 2003 section 14(2) State Sector Amendment Act 2003 Section 8(2) amended 7 August 2020 section 135 Public Service Act 2020 Section 8(2) amended 1 March 2017 section 261 District Court Act 2016 Section 8(3) amended 1 March 2017 section 261 District Court Act 2016
9: Stationing of Judges and sittings of courts
1: Each Family Court Judge shall be stationed in such town and shall sit in such court as may from time to time be determined by the Principal Family Court Judge.
2: Notwithstanding anything in subsection (1), the fact that a Family Court Judge sits in any particular court shall be conclusive evidence of his authority to do so, and no exercise of any jurisdiction or power by a Family Court Judge shall be questioned on the ground that he was not stationed in the town or authorised to sit in the court where he exercised the jurisdiction or power.
3: Subject to subsection (4), sessions of the Family Court the sessions
4: The days appointed for regular sessions of the Family Court are
5: In exercising his powers under this section, the Principal Family Court Judge shall consult with the Chief District Court Judge.
6: This section is subject to section 24 Section 9(3) amended 1 March 2017 section 261 District Court Act 2016 Section 9(4) amended 1 March 2017 section 261 District Court Act 2016 Section 9(6) replaced 1 March 2017 section 261 District Court Act 2016
9A: Duty of lawyers to promote conciliation
1: A lawyer acting for a party in any proceeding in the Family Court must, so far as possible, promote conciliation.
2: In subsection (1) party Section 9A inserted 31 March 2014 section 4 Family Courts Amendment Act 2013
9B: Role of lawyer appointed to represent child or young person in proceedings
1: The role of a lawyer who is appointed to represent a child or young person in proceedings is to—
a: act for the child or young person in the proceedings in a way that the lawyer considers promotes the welfare and best interests of the child or young person:
b: ensure that any views expressed by the child or young person to the lawyer on matters affecting the child or young person and relevant to the proceedings are communicated to the court:
c: assist the parties to reach agreement on the matters in dispute in the proceedings to the extent to which doing so is in the best interests of the child or young person:
d: provide advice to the child or young person, at a level commensurate with that child's or young person's level of understanding, about—
i: any right of appeal against a decision of the court; and
ii: the merits of pursuing any such appeal:
e: undertake any other task required by or under any other Act.
2: To facilitate the role set out in subsection (1)﻿(b)
3: However, subsection (2)
4: A lawyer appointed to represent a child or young person in proceedings may—
a: call any person as a witness in the proceedings:
b: cross-examine witnesses called by any party to the proceedings or by the court. Section 9B inserted 31 March 2014 section 4 Family Courts Amendment Act 2013
9C: Role of lawyer appointed to assist court
1: The role of a lawyer who is appointed to assist the court in proceedings is to—
a: provide independent legal advice to the court on any complex factual or legal issue requested by the court:
b: offer an impartial perspective in relation to any issue arising in the proceedings:
c: undertake any other task required by or under any other Act.
2: A lawyer appointed to assist the court in proceedings may—
a: call any person as a witness in the proceedings:
b: cross-examine witnesses called by any party to the proceedings or by the court. Section 9C inserted 31 March 2014 section 4 Family Courts Amendment Act 2013
10: Avoidance of unnecessary formality
1: Family Court proceedings shall be conducted in such a way as to avoid unnecessary formality.
2: A Judge sitting in the Family Court
3: A lawyer appearing in the Family Court Section 10(2) replaced 18 May 2009 section 6 Family Courts Amendment Act 2008 Section 10(2) amended 1 March 2017 section 261 District Court Act 2016 Section 10(3) inserted 18 May 2009 section 6 Family Courts Amendment Act 2008 Section 10(3) amended 1 March 2017 section 261 District Court Act 2016
11: Jurisdiction of Family
Court
1: The Family Court must hear and determine all the proceedings that are to be heard and determined by the court
a: the Marriage Act 1955
b: the Adoption Act 1955
c: the Care of Children Act 2004
d: the Domestic Actions Act 1975
e: the Property (Relationships) Act 1976
f: the Family Proceedings Act 1980
g: the Child Support Act 1991
ga: the Oranga Tamariki Act 1989
gb: the Law Reform (Testamentary Promises) Act 1949
gc: the Family Protection Act 1955
gd: the Wills Act 2007
gd: the Civil Union Act 2004
h: any other enactment for the time being in force.
1A:
2: Subject to subsection (3) on the Family Court
3: Nothing in this section shall prevent the District Court Section 11 heading amended 1 March 2017 section 261 District Court Act 2016 Section 11(1) amended 1 March 2017 section 261 District Court Act 2016 Section 11(1)﻿(c) amended 1 July 2005 section 151 Care of Children Act 2004 Section 11(1)﻿(e) replaced 1 February 2002 section 64(2) Property (Relationships) Amendment Act 2001 Section 11(1)﻿(g) replaced 1 July 1992 section 247 Child Support Act 1991 Section 11(1)﻿(ga) inserted 1 November 1989 section 449 Children, Young Persons, and Their Families Act 1989 Section 11(1)﻿(ga) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 11(1)﻿(gb) inserted 1 July 1992 Family Courts Amendment Act 1991 Section 11(1)﻿(gc) inserted 1 July 1992 Family Courts Amendment Act 1991 Section 11(1) first paragraph (gd) inserted 1 November 2007 section 41 Wills Act 2007 Section 11(1) second paragraph (gd) inserted 20 September 2007 section 4 Family Courts Amendment Act 2007 Section 11(1A) repealed 1 February 2002 section 64(2) Property (Relationships) Amendment Act 2001 Section 11(2) amended 1 March 2017 section 261 District Court Act 2016 Section 11(3) amended 1 March 2017 section 261 District Court Act 2016
11A: Attendance at hearings
1: Unless the Act under which proceedings are brought provides otherwise, the only persons who may attend a hearing of proceedings in the Family Court
a: officers of the court:
b: parties to the proceedings:
c: lawyers representing parties to the proceedings:
d: witnesses:
e: accredited news media reporters:
f: persons whom the Family Court Judge permits to be present as support persons for a party on a request by that party:
g: any other persons whom the Family Court Judge permits to be present.
2: The Family Court Judge must agree to a request under subsection (1)﻿(f) unless the Judge considers there is a good reason why the named support persons should not be permitted to be present.
3: No support persons may help a party conduct his or her case.
4: If, during a hearing, the Family Court Judge requests a person of any of the following kinds to leave the courtroom, the person must do so:
a: a witness:
b: an accredited news media reporter:
c: a support person whom the Judge permitted to be present under subsection (1)﻿(f).
5: Nothing in this section limits any other power of the court—
a: to hear proceedings in private; or
b: to permit a McKenzie friend to be present; or
c: to exclude any person from the court. Section 11A inserted 18 May 2009 section 7 Family Courts Amendment Act 2008 Section 11A(1) amended 1 March 2017 section 261 District Court Act 2016
11B: Publication of reports of proceedings
1: Any person may publish a report of proceedings in the Family Court
2: Subsection (1) is subject to subsection (3).
3: A person may not, without the leave of the court, publish a report of proceedings in the Family Court
a: a person under the age of 18 years—
i: is the subject of the proceedings; or
ii: is a party to the proceedings; or
iii: is an applicant in the proceedings; or
iv: is referred to in the proceedings; or
b: a vulnerable person—
i: is the subject of the proceedings; or
ii: is a party to the proceedings; or
iii: is an applicant in the proceedings.
4: However, subsection (3) does not apply to—
a: a report of proceedings in a publication that—
i: is genuinely of a professional or technical nature (including a publication that is intended for circulation among members of the legal or medical professions, officers of the public service
ii: does not include the name of—
A: any person under the age of 18 years who is the subject of the proceedings, or who is referred to in the proceedings:
B: any vulnerable person who is the subject of the proceedings:
C: any parties or applicants in the proceedings where subsubparagraph (A) or (B) applies:
D: any school that a person who is the subject of proceedings under the Oranga Tamariki Act 1989
b: a publication of statistical information relating to the proceedings.
5: The court may grant leave under subsection (3) with or without conditions.
6: Every person who contravenes this section commits an offence against this Act and is liable on
a: in the case of an individual, either to imprisonment for a term not exceeding 3 months, or to a fine not exceeding $2,000:
b: in the case of a body corporate, to a fine not exceeding $10,000.
7: Subsection (6) does not limit the power of a court to punish any contempt of court.
8: This section is subject to any other enactment relating to the publication or regulation of the publication of reports or particulars of a Family Court proceeding. Section 11B inserted 18 May 2009 section 7 Family Courts Amendment Act 2008 Section 11B(1) amended 1 March 2017 section 261 District Court Act 2016 Section 11B(3) amended 1 March 2017 section 261 District Court Act 2016 Section 11B(4)﻿(a)﻿(i) amended 7 August 2020 section 135 Public Service Act 2020 Section 11B(4)﻿(a)﻿(ii)﻿(D) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 11B(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011
11C: Meaning of identifying information
1: For the purposes of section 11B identifying information
a: a party to the proceedings:
b: an applicant in the proceedings:
c: a person who is the subject of the proceedings:
d: a person who is related to, or associated with, a person referred to in paragraphs (a) to (c) or who is, or may be, in any other way concerned in the matter to which the proceedings relate (for example, a support person for a party).
2: For the purposes of section 11B Oranga Tamariki Act 1989 identifying information Section 11C inserted 18 May 2009 section 7 Family Courts Amendment Act 2008 Section 11C(2) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
11D: Meaning of vulnerable person
For the purposes of section 11B vulnerable person
a: a person in respect of whom the Family Court Part 1 3
b: a person in respect of whom a personal order has been made under the Protection of Personal and Property Rights Act 1988
c: a person subject to a property order under the Protection of Personal and Property Rights Act 1988
d: a donor of an enduring power of attorney who is involved in proceedings under Part 9
e: a person who is a proposed patient, patient, or restricted patient within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992
f: a person who has applied to the Family Court section 28
g: a person who is a proposed care recipient or care recipient within the meaning of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003
h: a person who has applied for a protection order under the Family Violence Act 2018
i: a person whom the court considers likely for any other reason to be particularly susceptible to any adverse consequences associated with the publication of a report of the proceedings that contains identifying information. Section 11D inserted 18 May 2009 section 7 Family Courts Amendment Act 2008 Section 11D(a) amended 1 March 2017 section 261 District Court Act 2016 Section 11D(f) amended 1 March 2017 section 261 District Court Act 2016 Section 11D(h) amended 1 July 2019 section 259(1) Family Violence Act 2018
12: Proceedings to be brought and dealt with under Family
Court While any Family Court Rules are in force, all proceedings in the Family Court (and all proceedings in the District Court section 15 section 151 Oranga Tamariki Act 1989 Section 12 replaced 13 September 2002 section 4 Family Courts Amendment Act 2000 Section 12 heading amended 1 March 2017 section 261 District Court Act 2016 Section 12 amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 12 amended 1 March 2017 section 261 District Court Act 2016
12A: Evidence
1: This section applies to a proceeding—
a: under an Act specified in subsection (2); and
b: in a court described in subsection (3).
2: The Acts referred to in subsection (1)﻿(a) are as follows:
a: Adoption Act 1955
b: Care of Children Act 2004
c: Child Support Act 1991
d: Oranga Tamariki Act 1989
e:
f: Family Proceedings Act 1980
fa: Family Violence Act 2018
g: Property (Relationships) Act 1976
h: Protection of Personal and Property Rights Act 1988
i: Civil Union Act 2004
j: Marriage Act 1955
3: The courts referred to in subsection (1)﻿(b) are as follows:
a: the Family Court:
b: the District Court having concurrent jurisdiction with the Family Court:
c: the District Court acting under section 15
d: the District Court hearing a proceeding under section 151 Oranga Tamariki Act 1989
da: the District Court hearing a proceeding under Part 3
e: any other court hearing a proceeding that is—
i: under an Act specified in subsection (2); and
ii: not a criminal proceeding; and
iii: one in which the court receives evidence or further evidence.
4: The effect of section 5(3) Section 12A inserted 31 March 2014 section 5 Family Courts Amendment Act 2013 Section 12A(2)﻿(d) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 12A(2)﻿(e) repealed 1 July 2019 section 259(1) Family Violence Act 2018 Section 12A(2)﻿(fa) inserted 1 July 2019 section 259(1) Family Violence Act 2018 Section 12A(2)﻿(i) inserted 14 August 2018 section 31 Minors (Court Consent to Relationships) Legislation Act 2018 Section 12A(2)﻿(j) inserted 14 August 2018 section 31 Minors (Court Consent to Relationships) Legislation Act 2018 Section 12A(3) replaced 1 March 2017 section 261 District Court Act 2016 Section 12A(3)﻿(d) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 12A(3)﻿(da) inserted 1 July 2019 section 259(1) Family Violence Act 2018
13: Court may state case for High Court
The Family Court Section 13 amended 1 March 2017 section 261 District Court Act 2016
14: Transfer of proceedings to High Court
Subject to the Act under which any proceedings are brought, the Family Court Section 14 amended 1 March 2017 section 261 District Court Act 2016
15: District
Court Notwithstanding anything in section 11 the District Court
a: deal with any interlocutory matter relating to any proceedings that are being or are to be heard by the Family Court
b: hear and determine any ex parte
c: by the consent of all the parties to the proceedings, make any order or exercise any power—
i: that, by virtue of any enactment or rule of law, may be made or exercised by the consent of all the parties; and
ii: that could have been made or exercised by the Family Court Section 15 heading amended 1 March 2017 section 261 District Court Act 2016 Section 15 amended 1 March 2017 section 261 District Court Act 2016 Section 15(a) amended 1 March 2017 section 261 District Court Act 2016 Section 15(c)﻿(ii) amended 1 March 2017 section 261 District Court Act 2016
15A: Application of Contempt of Court Act 2019
1: Subparts 2 4 sections 25 26(1) and (2)
2: Those provisions apply to proceedings of the Family Court as if—
a: references to a court include the Family Court; and
b: references to a judicial officer or to a Judge include Judges of the Family Court. Section 15A inserted 26 August 2020 section 29 Contempt of Court Act 2019
16: Application of District Court Act 2016
1: Subject to subsections (2) to (4), the District Court Act 2016
2: Where any of the provisions of this Act conflict with any of the provisions of the District Court Act 2016
3: Nothing in sections 24 72
4: Nothing in sections 125 to 130 Section 16 replaced 1 March 2017 section 261 District Court Act 2016
16A: Family
Court
1: The Governor-General may from time to time, by Order in Council, make rules regulating the practice and procedure of the Family Court
2: Rules made under subsection (1)
a: apply (with or without modification) specified District Court the Family Court the Family Court
b:
c: prescribe the form and contents of documents:
d: prescribe any forms that are necessary for the purposes of this Act or any specified Act, or authorise any specified person or persons to prescribe or approve forms, and require the use of such forms:
e: prescribe 1 or more methods for serving documents:
f: prescribe 1 or more methods for giving notice:
g: provide for the transfer of proceedings between the Family Court
h: provide for the keeping, searching, and transfer of records:
i: provide for any other matters in respect of which rules regulating the practice or procedure of the Family Court
3: Subsection (2) does not limit the powers conferred by subsection (1).
4: For the purposes of subsection (2)﻿(i), each of the following Acts is a specified Act:
a: the Adoption Act 1955
b: the Births, Deaths, Marriages, and Relationships Registration Act 2021
c: the Child Support Act 1991
d: the Oranga Tamariki Act 1989
da: the Civil Union Act 2004
e: the Domestic Actions Act 1975
f:
g: the Family Proceedings Act 1980
h: the Family Protection Act 1955
ha: the Family Violence Act 2018
i: the Care of Children Act 2004
j: the Law Reform (Testamentary Promises) Act 1949
k: the Marriage Act 1955
l: the Property (Relationships) Act 1976
m: the Protection of Personal and Property Rights Act 1988
5: The following are secondary legislation ( see Part 3
a: rules under this section:
b: rules of practice and procedure for the Family Court under any other enactment. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 16A inserted 13 September 2002 section 5 Family Courts Amendment Act 2000 Section 16A heading amended 1 March 2017 section 261 District Court Act 2016 Section 16A(1) amended 1 March 2017 section 261 District Court Act 2016 Section 16A(2)﻿(a) amended 1 March 2017 section 261 District Court Act 2016 Section 16A(2)﻿(b) repealed 18 May 2009 section 8 Family Courts Amendment Act 2008 Section 16A(2)﻿(g) amended 1 March 2017 section 261 District Court Act 2016 Section 16A(2)﻿(i) amended 1 March 2017 section 261 District Court Act 2016 Section 16A(4)﻿(b) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 16A(4)﻿(b) amended 24 January 2009 section 47 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 16A(4)﻿(d) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 16A(4)﻿(da) inserted 26 April 2005 section 46 Civil Union Act 2004 Section 16A(4)﻿(f) repealed 1 July 2019 section 259(1) Family Violence Act 2018 Section 16A(4)﻿(ha) inserted 1 July 2019 section 259(1) Family Violence Act 2018 Section 16A(4)﻿(i) amended 1 July 2005 section 151 Care of Children Act 2004 Section 16A(4)﻿(l) amended 13 September 2002 section 64(2) Property (Relationships) Amendment Act 2001 Section 16A(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
16B: Regulations
relating to court fees
1: The Governor-General may, from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing fees payable in respect of proceedings, or intended proceedings, in the Family Court
b: in order to promote access to justice, empowering Registrars or Deputy Registrars of the Family Court
i: the person otherwise responsible for payment of the fee is unable to pay or absorb the fee in whole or in part; or
ii: unless 1 or more of those powers are exercised in respect of a proceeding that concerns a matter of genuine public interest, the proceeding is unlikely to be commenced or continued:
c: prescribing, for the purposes of the exercise of a power under paragraph (b), the criteria—
i: for assessing a person’s ability to pay a fee; and
ii: for identifying proceedings that concern matters of genuine public interest:
d: empowering Registrars or Deputy Registrars of the Family Court
i: an application for the exercise of a power specified in paragraph (b); or
ii: an application for review under section 16C
e: providing for the postponement of the payment of a fee, including (without limitation) providing—
i: for the recovery of the fee after the expiry of the period of postponement; and
ii: for restrictions to apply (after the expiry of the period of postponement and so long as the fee remains unpaid) on the steps that may be taken in the proceedings in respect of which the fee is payable:
f: providing for the manner in which an application for the exercise of a power specified in paragraph (b) or (d) is to be made, including, without limitation, requiring such an application to be in a form approved for the purpose by the chief executive of the Ministry of Justice.
g:
2: No fee is payable for an application for the exercise of a power specified in subsection (1)﻿(b) or (d).
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 16B inserted 18 May 2009 section 9 Family Courts Amendment Act 2008 Section 16B heading amended 31 March 2014 section 6(1) Family Courts Amendment Act 2013 Section 16B(1)﻿(a) amended 1 March 2017 section 261 District Court Act 2016 Section 16B(1)﻿(b) amended 1 March 2017 section 261 District Court Act 2016 Section 16B(1)﻿(d) amended 1 March 2017 section 261 District Court Act 2016 Section 16B(1)﻿(g) repealed 31 March 2014 section 6(2) Family Courts Amendment Act 2013 Section 16B(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
16C: Reviews of decisions of Registrars concerning fees
1: Any person who is aggrieved by a decision of a Registrar or Deputy Registrar under regulations made under section 16B(1)﻿(b)
2: An application under subsection (1) may be made within—
a: 20 working days after the date on which the applicant is notified of the decision of the Registrar or Deputy Registrar; or
b: any further time that the Judge allows on application made for that purpose either before or after the expiration of that period.
3: The application may be made informally.
4: The review—
a: must be conducted by rehearing; and
b: may be dealt with on the papers, unless the Judge decides otherwise.
5: The Judge may confirm, modify, or reverse the decision.
6: No fee is payable for an application under this section. Section 16C inserted 18 May 2009 section 9 Family Courts Amendment Act 2008
16D: Regulations relating to payments to professionals
Fees and expenses for lawyers for child and lawyers to assist court
1: In subsections (2) to (5), lawyer
a: a lawyer appointed under any of the following provisions to represent a child or young person:
i: section 7
ii: section 226
iii: section 159 Oranga Tamariki Act 1989
iv:
v: section 162
va: section 166(1)﻿(b)
vb: section 166(1)﻿(c)
vi: section 37A :
vii: section 20(1)
viii: section 19(1)
b: a lawyer appointed under any of the following provisions to assist the court:
i: section 130
ii: section 226A
iii: section 160 Oranga Tamariki Act 1989
iv:
v: section 162A
va: section 166(1)﻿(a)
vi: section 65A
vii: section 20(2)
viii: section 19(2)
2: The Governor-General may, from time to time, by Order in Council, make regulations for determining—
a: the fees payable to a lawyer in respect of the lawyer's appointment:
b: the expenses payable to a lawyer in respect of the lawyer's appointment.
3: Regulations under subsection (2)﻿(a) may—
a: prescribe the maximum hourly rate or rates for the fee payable, and different rates may be prescribed depending on—
i: the complexity of the proceedings:
ii: the number of proceedings in which the lawyer is engaged during a specified period:
b: prescribe the maximum number of hours for which the fee is payable, and different numbers of hours may be prescribed depending on—
i: the complexity of the proceedings:
ii: the number of proceedings in which the lawyer is engaged during a specified period:
c: provide that any rate prescribed under paragraph (a), or any number of hours prescribed under paragraph (b), or both, may be increased by the court in a particular proceeding if the court is satisfied that the increase is justified because of exceptional circumstances.
4: If no regulations are made under subsection (2)﻿(a) in respect of any lawyer, the fees payable to that lawyer are to be determined by the Registrar of the court.
5: Regulations under subsection (2)﻿(b) may prescribe—
a: the types of expenses for which a lawyer may claim reimbursement:
b: the rate of reimbursement of those expenses:
c: the circumstances in which expenses may be reimbursed. Fees and expenses for report writers
6: In subsections (7) to (10), report writer
a: a person who prepares a cultural report when requested to do so under—
i: section 133(2)
ii: section 20A
iii: section 20
b: a person who prepares a medical report when requested to do so under section 133(2)
c: a person who prepares a psychiatric report when requested to do so under section 133(2)
d: a person who prepares a psychological report when requested to do so under section 133(5)
7: The Governor-General may, from time to time, by Order in Council, make regulations for determining—
a: the fees payable to a report writer for doing either or both of the following:
i: preparing a report:
ii: attending as a witness in the proceedings for which the report writer prepared the report:
b: the expenses payable to a report writer for doing either or both of the following:
i: preparing a report:
ii: attending as a witness in the proceedings for which the report writer prepared the report.
8: Regulations under subsection (7)﻿(a) may—
a: prescribe the maximum hourly rate or rates for the fee payable, and different rates may be prescribed depending on—
i: the type of report:
ii: the complexity of the proceedings:
iii: the number of proceedings in which the report-writer is engaged during a specified period:
b: prescribe the maximum number of hours for which the fee is payable, and different numbers of hours may be prescribed depending on—
i: the type of report:
ii: the complexity of the proceedings:
iii: the number of proceedings in which the report-writer is engaged during a specified period:
c: provide that any rate prescribed under paragraph (a), or any number of hours prescribed under paragraph (b), or both, may be increased by the court in a particular proceeding if the court is satisfied that the increase is justified because of exceptional circumstances.
9: If no regulations are made under subsection (7)﻿(a) in respect of any report writer, the fees payable to that report writer are to be determined by the Registrar of the court.
10: Regulations under subsection (7)﻿(b) may prescribe the following:
a: the types of expenses for which a report writer may claim reimbursement:
b: the rate of reimbursement of those expenses:
c: the circumstances in which expenses may be reimbursed.
11: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 16D inserted 31 March 2014 section 7 Family Courts Amendment Act 2013 Section 16D(1)﻿(a)﻿(iii) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 16D(1)﻿(a)﻿(iv) repealed 1 July 2019 section 259(1) Family Violence Act 2018 Section 16D(1)﻿(a)﻿(va) inserted 1 July 2019 section 259(1) Family Violence Act 2018 Section 16D(1)﻿(a)﻿(vb) inserted 1 July 2019 section 259(1) Family Violence Act 2018 Section 16D(1)﻿(a)﻿(vi) amended 14 August 2018 section 32(1) Minors (Court Consent to Relationships) Legislation Act 2018 Section 16D(1)﻿(a)﻿(vii) inserted 14 August 2018 section 32(2) Minors (Court Consent to Relationships) Legislation Act 2018 Section 16D(1)﻿(a)﻿(viii) inserted 14 August 2018 section 32(2) Minors (Court Consent to Relationships) Legislation Act 2018 Section 16D(1)﻿(b)﻿(iii) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 16D(1)﻿(b)﻿(iv) repealed 1 July 2019 section 259(1) Family Violence Act 2018 Section 16D(1)﻿(b)﻿(va) inserted 1 July 2019 section 259(1) Family Violence Act 2018 Section 16D(1)﻿(b)﻿(vii) inserted 14 August 2018 section 32(3) Minors (Court Consent to Relationships) Legislation Act 2018 Section 16D(1)﻿(b)﻿(viii) inserted 14 August 2018 section 32(3) Minors (Court Consent to Relationships) Legislation Act 2018 Section 16D(6) heading replaced 14 August 2018 section 32(4) Minors (Court Consent to Relationships) Legislation Act 2018 Section 16D(6)﻿(a) replaced 14 August 2018 section 32(5) Minors (Court Consent to Relationships) Legislation Act 2018 Section 16D(11) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
17: Certain enactments amended
1: The enactments specified in the Schedule
2: Section 17(2) repealed 31 March 2014 section 8 Family Courts Amendment Act 2013
17A: Repeals
The following provisions are repealed:
a: section 24
b: section 128
c: section 228
d: section 195
e: section 84
f: sections 4 5
g: section 164
h: section 36
i: section 77 Section 17A inserted 31 March 2014 section 9 Family Courts Amendment Act 2013
18: Transitional and saving provisions
1: Subject to subsections (2) and (3), all matters and proceedings commenced under any enactment before the commencement of section 11
2: All matters and proceedings commenced in the High Court under the Matrimonial Proceedings Act 1963 or the Guardianship Act 1968 before the commencement of section 11
3: Where the hearing of any matter or proceeding referred to in subsection (1) has commenced in a District Court before the commencement of this Act, the matter or proceeding shall be continued in a District Court as if this Act had not been passed.