“mediator means—

• “(a) a person nominated by a Family Court from a list of mediators prepared by an officer of the Family Court appointed under section 8(2) of the Family Courts Act 1980:

• “(b) a mediator appointed pursuant to the Family Courts Act 1980”.

“11 Reference to counsellor

• A counsellor to whom a matter is referred under section 9, 10, 12C(3), or 19 must—

  • “(a) arrange to meet either or both of the spouses or civil union partners or de facto partners (the parties) at such times and places (including the home of either party) as the counsellor thinks fit for the purposes of counselling; or

  • “(b) request either or both of the parties to attend before the counsellor at a specified time and place for the purposes of counselling.”

“12 Duties of counsellors

• “(1) A counsellor to whom a matter is referred under section 9, 10, 12C(3), or 19—

  • “(a) must explore the possibility of reconciliation between the parties; and

  • “(b) if reconciliation does not appear to be possible, must attempt to promote conciliation between the parties.

  “(2) After carrying out his or her obligations under subsection (1), the counsellor must provide a report to the Registrar stating—

  • “(a) whether the parties wish to resume or continue the marriage, civil union, or de facto relationship; and

  • “(b) if the parties do not wish to resume or continue the marriage, civil union, or de facto relationship and there is a matter in issue between them, whether that issue has been resolved.

  “(3) A report provided under subsection (2) may also state any of the following:

  • “(a) details of the understandings reached between the parties:

  • “(b) details of the matters remaining in issue between the parties:

  • “(c) a recommendation as to the next step or steps to be taken by the parties.

  “(4) The Registrar must give a copy of the counsellor’s report to each party or to each party’s barrister or solicitor.

  “(5) A recommendation made by a counsellor under subsection (3)(c) is not binding on the parties or on the Court.”

“12A Number of sessions of counselling

• The number of sessions of counselling to be carried out pursuant to section 9, 10, 12C(3), or 19 must be determined in accordance with such regulations as may be made under this Act or, if no regulations apply, by the Registrar or the Court.

“12B Counselling fees and expenses

• Fees in respect of counselling services carried out pursuant to section 9, 10, 12C(3), or 19, and reasonable expenses incurred,—

  • “(a) may be determined in accordance with regulations made under this Act; and

  • “(b) are payable out of public money appropriated by Parliament for the purpose.”

“Mediation

“12C Requests for mediation

• “(1) Either party to a marriage, civil union, or de facto relationship may request a Registrar of a Family Court to arrange mediation in respect of the marriage, civil union, or de facto relationship.

  “(2) Where a request has been made to a Registrar under subsection (1), the Registrar may, on the completion of the prescribed form by the person making the request, arrange for the matter to be referred to a mediator.

  “(3) Where a request has been made to a Registrar under subsection (1), the Registrar may, instead of arranging for the matter to be referred to a mediator, arrange for the matter to be referred to a counsellor, if the Registrar considers, having regard to all of the circumstances, that the referral of the matter to a counsellor is more appropriate.

“12D Mediation where proceedings commenced

• “(1) On the filing of an application for a separation order, a Registrar of a Family Court may, if he or she thinks it expedient to do so, arrange for the matter to be referred to a mediator.

  “(2) On an application under section 67 for a maintenance order a Family Court Judge may, if he or she thinks it expedient to do so, and without limiting his or her power to make an interim maintenance order, direct a Registrar of a Family Court to arrange for the matter to be referred to a mediator, and on receipt of a direction under this subsection, the Registrar must refer the matter accordingly.

  “(3) If, not less than 42 days after the date on which the Registrar has arranged for the matter to be referred to a mediator under subsection (1) or (2), either party to the marriage, civil union, or de facto relationship requests that the hearing should proceed, the hearing must be commenced or resumed unless the Court otherwise directs.

  “(4) Nothing in subsection (3) prevents the commencement or resumption of the hearing before the expiration of the period of 42 days if the Court, upon application made to it, so directs.

“12E Reference to mediator

• “(1) A mediator to whom a matter is referred under section 12C, 12D, or 19 must—

  • “(a) arrange to meet both of the spouses or civil union partners or de facto partners (the parties), at such times and places (including the home of either party) as the mediator thinks fit for the purposes of mediation; or

  • “(b) request both of the parties to attend before the mediator at a specified time and place for the purposes of mediation.

  “(2) Prior to the mediation, the mediator may meet with one of the parties, or both of the parties separately, if the mediator considers a meeting would enable him or her to do any or all of the following:

  • “(a) assess whether mediation is appropriate:

  • “(b) clarify the main issues between the parties:

  • “(c) determine with the parties—

    • “(i) who should attend the mediation:

    • “(ii) how the mediation should proceed:

  • “(d) gather any further information that may be relevant to the conduct of the mediation.

“12F Duties of mediators

• “(1) A mediator to whom a matter is referred under section 12C, 12D, or 19 must make every endeavour to—

  • “(a) identify the matters in issue between the parties; and

  • “(b) facilitate negotiations between the parties in respect of those matters; and

  • “(c) assist the parties to reach agreement on the resolution of those matters.

  “(2) After carrying out his or her obligations under subsection (1), the mediator must provide a report to the Registrar stating—

  • “(a) whether the parties wish to resume or continue the marriage, civil union, or de facto relationship; and

  • “(b) if the parties do not wish to resume or continue the marriage, civil union, or de facto relationship, and there is a matter in issue between them, whether that issue has been resolved.

  “(3) A report provided under subsection (2) may also state any of the following:

  • “(a) details of the resolution reached between the parties:

  • “(b) details of the matters on which resolution has not been reached between the parties:

  • “(c) a recommendation as to the next step or steps to be taken by the parties.

  “(4) The Registrar must give a copy of the mediator’s report to each party or to each party’s barrister or solicitor.

  “(5) A recommendation made by a mediator under subsection (3)(c) is not binding on the parties or on the Court.

“12G Mediation must be held in private

• The only persons who may attend mediation before a mediator are as follows:

  • “(a) the parties to the mediation; and

  • “(b) a barrister or solicitor representing a party to the mediation, if the mediator considers that in all the circumstances attendance by a barrister or solicitor is appropriate; and

  • “(c) a person whom the mediator agrees may attend as a support person for a party, if the party requests.

“12H Mediation may be adjourned

• The mediator may from time to time adjourn the mediation.

“12I Duration of mediation

• The duration of mediation to be carried out under section 12C, 12D, or 19 must be determined in accordance with such regulations as may be made under this Act or, if no regulations apply, by the Registrar or the Court.

“12J Mediation fees and expenses

• Fees in respect of mediation carried out under section 12C, 12D, or 19, and reasonable expenses incurred,—

  • “(a) may be determined in accordance with regulations made under this Act; and

  • “(b) are payable out of public money appropriated by Parliament for the purpose.”

• “(b) inform each of the parties to the application of the time and place of the mediation conference and request them to attend.”

“14A Attendance at mediation conference

• “(1) In addition to the parties, the following persons may attend a mediation conference:

  • “(a) a barrister or solicitor representing a party, if the party so requests:

  • “(b) a person who the Chairperson agrees may attend as a support person for a party, if the party so requests.

  “(2) A barrister or solicitor attending a mediation conference at the request of a party may assist and advise that party.

  “(3) The Chairperson must agree to a request under subsection (1)(b) unless the Chairperson considers there is a good reason why the named support person should not be permitted to attend.

  “(4) Except to the extent provided in subsection (1), and unless the Chairperson otherwise directs, a mediation conference is held in private.

  “(5) If, during a mediation conference, the Chairperson requests a support person to leave the mediation conference, the support person must do so.”

• “(ab) a request under section 12E(1)(b) to attend before a mediator; or”.

“18 Privilege

• “(1) No evidence shall be admissible in any court, or before any person acting judicially, of any information, statement, or admission disclosed or made—

  • “(a) to a counsellor or mediator exercising his or her functions under this Part; or

  • “(b) in the course of a mediation conference.

  “(2) Nothing in subsection (1) applies to—

  • “(a) a report provided by a counsellor under section 12(2); or

  • “(b) a report provided by a mediator under section 12F(2); or

  • “(c) a record of the matters in issue at the conference made by a Chairperson under section 14(7); or

  • “(d) a consent order made under section 15, or to any proceedings for the review of such an order.

  “(3) Except to the extent that it is necessary for a counsellor or mediator to do so in the proper discharge of his or her functions, every counsellor and every mediator commits an offence and is liable on summary conviction to a fine not exceeding $500 who discloses to any other person any information, statement, or admission received by or made to him or her in the exercise of his or her functions under this Part.”

• “(2) If it appears to the Court, on an application under subsection (1), that the order it proposes to make is one that, if made provisionally, may be confirmed under the law of the country in which the maintenance order was made, the New Zealand Court may, instead of making the proposed order, make a provisional order.

• “(2A) An order proposed to be made under subsection (1) must be a provisional order if—

  • “(a) a reciprocal agreement is in force with the country in which the maintenance order was made (pursuant to an Order in Council made under section 215 of the Child Support Act 1991); and

  • “(b) under that agreement only a provisional order may be made.

• “(2B) A provisional order has no effect unless and until it is confirmed by a competent Court in the country in which the maintenance order was originally made.

• “(2C) Where the Court makes a provisional order under subsection (2), section 147(5) to (9) apply, except that the Court must, instead of sending the statement referred to in section 147(6)(c), send a statement of the grounds on which the provisional order has been made.”

• “(6) This section is subject to section 142E.”

• “(1A) An order proposed to be made under subsection (1) must be a provisional order if—

  • “(a) a reciprocal agreement is in force with the country in which the maintenance order was made (pursuant to an Order in Council made under section 215 of the Child Support Act 1991); and

  • “(b) under that agreement only a provisional order may be made.”

• “(ca) accredited news media reporters:

• “(cb) persons whom the Judge permits to be present as support persons for a party on a request by that party:”.

• “(3) The Judge must agree to a request under subsection (2)(cb) unless the Judge considers there is a good reason why the named support persons should not be permitted to be present.

• “(4) No support persons may help a party conduct his or her case.

• “(5) If, during a hearing, the 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 (2)(cb).

• “(6) 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.”

“169 Publication of reports of proceedings

• Sections 11B to 11D of the Family Courts Act 1980 apply to the publication of a report of any proceedings under this Act (other than criminal proceedings under section 130)—

  • “(a) in a Family Court:

  • “(b) in any other court, in which case references in those sections to the Family Court or Court must be read as references to that other court.”

• “(cd) making provision for the determination of the amount of fees and expenses, including minimum and maximum amounts, payable in respect of mediation services carried out pursuant to section 12C, 12D, or 19, which fees and expenses may differ according to—

  • “(i) the duration of the mediation (not exceeding the maximum duration of mediation that may be carried out determined under section 12I); and

  • “(ii) the time spent by the mediator in meeting with the parties prior to the mediation; and

  • “(iii) the complexity of the matter in issue between the parties:

• “(ce) making provision for the determination of the duration of mediation that may be carried out pursuant to section 12C, 12D, or 19:”.