Family Court (Family Court Associates) Legislation Act 2023
Family Court (Family Court Associates) Legislation Act 2023
Public Act |
2023 No 25 |
|
Date of assent |
6 June 2023 |
|
Commencement |
see section 2 |
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Family Court (Family Court Associates) Legislation Act 2023.
2 Commencement
(1)
The following provisions come into force on the day after the date on which this Act receives the Royal assent:
(a)
section 4, to the extent it relates to new sections 7A, 7B, 7E, 7F, 7G, 7I, and 7J of the Family Court Act 1980:
(b)
subpart 12 of Part 2.
(2)
The rest of this Act comes into force 4 months after the date on which it receives the Royal assent.
Part 1 Amendments to Family Court Act 1980
3 Principal Act
This Part amends the Family Court Act 1980.
4 New sections 7A to 7K inserted
After section 7, insert:
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.
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.
7C Jurisdiction and powers of Family Court Associates
A Family Court Associate has the jurisdiction and powers specified in Schedule 2.
7D Transfer of proceeding to Family Court Judge
(1)
A Family Court Associate may, on the application of a party to a proceeding before the Family Court Associate or on the Family Court Associate’s own initiative, refer the proceeding or a matter in the proceeding to a Family Court Judge if the Family Court Associate is satisfied that because of the complexity of the proceeding or matter it is desirable to do so.
(2)
A Family Court Judge may, on the application of a party to a proceeding that is being, or is to be, dealt with by a Family Court Associate, order that the proceeding or a matter in the proceeding be transferred to and dealt with by a Family Court Judge if the Judge making the order is satisfied that it is desirable to do so.
(3)
A Family Court Judge to whom a proceeding or matter has been referred to under subsection (1) or (2) may—
(a)
dispose of the proceeding; or
(b)
refer the proceeding or matter back to the Family Court Associate with any directions the Family Court Judge thinks fit.
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 applies as if a Family Court Associate were a member of a statutory Board as defined in section 2 of that Act.
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.
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.
7H Immunity for Family Court Associates
A Family Court Associate has the same immunities as a Family Court Judge.
7I Resignation of Family Court Associates
A Family Court Associate may at any time resign by written notice to the Attorney-General.
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) and 34 of the Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004, which prevent removal unless—
(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.
7K Report relating to Family Court Associates
(1)
The Ministry of Justice must—
(a)
review whether the appointment of Family Court Associates has reduced delays in the Family Court; and
(b)
consider whether any amendments to this Act or any other enactments are necessary or desirable in relation to—
(i)
the appointment of Family Court Associates; and
(ii)
the functions, duties, and powers of Family Court Associates; and
(c)
report to the Minister of Justice on the outcome of—
(i)
the review under paragraph (a); and
(ii)
the consideration under paragraph (b).
(2)
The review under subsection (1)(a) must commence no later than 5 years after the commencement of this section.
5 Section 15A amended (Application of Contempt of Court Act 2019)
After section 15A(2)(b), insert:
(c)
references to a judicial officer in sections 10, 11(2), and 25(2) include a Family Court Associate.
6 Section 17 amended (Certain enactments amended)
In section 17, replace “the Schedule”
with “Schedule 1”
.
Part 2 Amendments to other legislation
Subpart 1—Amendments to Adoption Act 1955
8 Principal Act
This subpart amends the Adoption Act 1955.
9 Section 7 amended (Consents to adoption)
In section 7(8)(a), after “District Court Judge,”
, insert “a Family Court Judge, a Family Court Associate,”
.
10 Section 8 amended (Cases where consent may be dispensed with)
(1)
In section 8(5A), after “District Court”
, insert “or Family Court”
.
(2)
After section 8(8), insert:
(9)
In subsections (1) to (5), the jurisdiction of the Family Court may be exercised by a Family Court Judge or Family Court Associate.
11 Section 23 amended (Inspection of adoption records)
In section 23(3)(b), replace “the Family Court”
with “a Family Court Associate, a Family Court Judge”
.
12 Section 23A amended (Report on application for inspection)
After section 23A(2), insert:
(3)
In subsection (1), the jurisdiction of the Family Court may be exercised by a Family Court Judge or Family Court Associate.
Subpart 2—Amendments to Care of Children Act 2004
13 Principal Act
This subpart amends the Care of Children Act 2004.
14 Section 46E amended (Family dispute resolution mandatory before commencement of proceedings)
Replace section 46E(6) with:
(6)
A Registrar who is unsure, under subsection (5), whether to refuse to accept an application for filing may refer the application and accompanying affidavit to a Family Court Associate or Family Court Judge, and the Family Court Associate or Judge must determine whether the affidavit provides sufficient evidence of either of the matters set out in subsection (4)(f).
15 Section 46F amended (Family dispute resolution after proceedings commenced)
(1)
In section 46F(2), before “Family Court Judge”
, insert “Family Court Associate or”
.
(2)
In section 46F(3), before “Judge”
, insert “Family Court Associate or”
in each place.
16 Section 46G amended (Counselling after proceedings commenced)
Replace section 46G(2), (3), and (4) with:
(2)
A Family Court Judge may direct the Registrar of the court to refer the parties to the application to counselling services, or a Family Court Associate may refer the parties to the application to counselling services, for either or both of the following purposes:
(a)
to improve the relationship between the parties:
(b)
to encourage compliance with any direction or order made by the court.
(3)
A direction or referral under subsection (2) may only be made if the Family Court Judge or Family Court Associate considers that the provision of counselling services is the best means of assisting the parties with their relationship or the implementation of any decision of the court, or with both of those matters.
(4)
A direction or referral under subsection (2) may be made—
(a)
at any stage of the proceedings, including by the Family Court Judge when making a final order; but
(b)
once only.
17 Section 46O replaced (Judge may direct party to undertake parenting information programme)
Replace section 46O with:
46O Party may be directed to undertake parenting information programme
(1)
At any time after an application has been made to the court for a parenting order under section 48, a Family Court Associate or Family Court Judge may direct 1 or more parties to the application to attend a parenting information programme.
(2)
However, a direction may not be made under subsection (1) in respect of a party if that party has undertaken a parenting information programme within the preceding 2 years.
18 Section 46P amended (Purpose of settlement conferences)
In section 46P, before “Family Court Judge”
, insert “Family Court Associate or”
.
19 Section 46Q amended (Settlement conferences)
(1)
Replace section 46Q(1) with:
(1)
At any time before the hearing of a proceeding,—
(a)
a Family Court Associate may convene a settlement conference; or
(b)
a Family Court Judge or Family Court Associate may direct the Registrar of the court to convene a settlement conference.
(2)
In section 46Q(3) and (4), before “Family Court Judge”
, insert “Family Court Associate or”
.
20 Section 47 amended (Who may apply for parenting order)
In section 47(1)(d) and (e), replace “the court”
with “a Family Court Associate or Family Court Judge”
.
21 Section 49A amended (Interim parenting order where parent does not have day-to-day care for, or contact with, child)
(1)
In section 49A(3), replace “the court”
with “a Family Court Associate or Family Court Judge”
.
(2)
In section 49A(4), replace “the court”
with “a Family Court Judge”
.
22 Section 59 replaced (Court may order supervised contact)
Replace section 59 with:
59 Order for supervised contact
(1)
Subsection (2) applies if a Family Court Judge—
(a)
is making or varying a parenting order (whether interim or final) determining the time or times when a person may have contact with a child; and
(b)
is not satisfied that the child will be safe with that person.
(2)
The Family Court Judge may make an order for supervised contact between the child and that person, and, if the Judge does so, the Judge must specify in the order whether the supervised contact is to occur—
(a)
under the supervision of an approved provider; or
(b)
in the immediate presence of a person approved by the Judge (for example, a relative, a friend of the family of the child, or any other person whom the Judge considers suitable).
(3)
Subsection (4) applies if—
(a)
an interim parenting order has been made; and
(b)
the parents of the child in respect of whom the interim order is made are parties to the order; and
(c)
under the interim parenting order one of the parents (A) has neither the role of providing day-to-day care for, nor contact with, the child; and
(d)
the other parent (B) is not satisfied that the child will be safe with A.
(4)
A Family Court Associate may vary the interim parenting order to provide that A have contact with the child under the supervision of an approved provider—
(a)
on an application made by A and B jointly; or
(b)
on an application made by the lawyer appointed to represent the child that is undefended.
23 Section 77 amended (Preventing removal of child from New Zealand)
Replace section 77(1) with:
(1)
In this section and sections 76 and 77A, authority means a High Court Judge, District Court Judge, or Family Court Judge or, if no High Court Judge, District Court Judge, or Family Court Judge is available, a Family Court Associate or any Registrar of the High Court or District Court (not being a constable).
24 Section 77A amended (Orders under section 77(3)(c) in respect of children of or over 16 years)
In section 77A(2), replace “court”
with “authority”
.
25 Section 77B amended (Orders under section 77(3)(c) may be suspended for specified period)
In section 77B(1), replace “or a Family Court Judge”
with “a Family Court Judge, or a Family Court Associate”
.
26 Section 117 amended (Preventing concealment of whereabouts of child)
In section 117(3), before “Registrar”
, insert “Family Court Associate or”
.
27 Section 118 amended (Preventing removal of child to defeat application)
In section 118(4), before “Registrar”
, insert “Family Court Associate or”
.
28 Section 132 amended (Reports from chief executive or social worker)
In section 132(1), replace “the court”
with “a Family Court Associate or Family Court Judge”
.
29 Section 134 amended (Distribution, etc, of reports under sections 132 and 133)
(1)
In section 134(2), (4), and (5), replace “the court”
with “a Family Court Judge or Family Court Associate”
.
(2)
In section 134(3), replace “the court is satisfied”
with “a Family Court Judge or Family Court Associate is satisfied”
.
(3)
In section 134(3), replace “the court may”
with “the Judge or Family Court Associate may”
.
(4)
Replace section 134(7) with:
(7)
A Judge or Family Court Associate may, if the Judge or Family Court Associate thinks fit, call as a witness the person who made or prepared the report.
30 Section 137 amended (Attendance at hearings generally)
(1)
In section 137(1)(h), after “Judge”
, insert “or a Family Court Associate”
.
(2)
In section 137(2), after “Judge”
, insert “or Family Court Associate”
in each place.
(3)
In section 137(4)(e), after “Judge”
, insert “or a Family Court Associate”
.
31 Section 139A amended (Leave required in certain cases to commence substantially similar proceedings)
(1)
In section 139A(1), replace “the court”
with “a Family Court Associate or Family Court Judge”
.
(2)
In section 139A(2), replace “The leave of the court”
with “Leave”
.
32 Section 141 amended (Power to restrict commencement of proceedings if vexatious proceedings previously instituted)
(1)
In section 141(1), replace “to a court if, and only if, the court”
with “if, and only if, a Family Court Judge”
.
(2)
Replace section 141(2) with:
(2)
A Family Court Judge may order that the person may commence either of the following only with the leave of a Family Court Judge or Family Court Associate:
(a)
proceedings under this Act of any kind:
(b)
proceedings under this Act of any specified kind or in respect of any specified person or matter.
Subpart 3—Amendments to Child Support Act 1991
33 Principal Act
This subpart amends the Child Support Act 1991.
34 Section 99 amended (Declarations in respect of step-parents)
After section 99(5), insert:
(5A)
If an application made under subsection (1) or (2) is undefended, a Family Court Associate may exercise the jurisdiction of the Family Court under this section and grant a declaration.
35 Section 103A amended (Appeal in relation to determination or decision under subpart 3 of Part 5A)
In section 103A(2)(b), replace “the Family Court”
with “a Family Court Judge or Family Court Associate”
.
36 Section 103B amended (Appeal by respondent from determination under Part 6A)
In section 103B(3)(b), replace “the Family Court”
with “a Family Court Judge or Family Court Associate”
.
37 Section 103C amended (Appeal from determination under Part 6B)
In section 103C(2)(b), replace “the Family Court”
with “a Family Court Judge or Family Court Associate”
.
38 Section 104 amended (Application for departure from formula assessment in special circumstances)
In section 104(2)(b)(iii), replace “the court is satisfied”
with “a Family Court Judge or Family Court Associate is satisfied”
.
39 Section 105 amended (Matters as to which court must be satisfied before making order)
After section 105(6), insert:
(7)
The jurisdiction of the Family Court under this section may be exercised by a Family Court Judge or Family Court Associate, and for the purposes of this section a Family Court Associate has the same powers as a Family Court Judge.
40 Section 106 amended (Orders that may be made)
In section 106(1), replace “court”
with “Family Court Judge or Family Court Associate exercising the jurisdiction of the Family Court”
.
41 Section 107 amended (Implementation of orders)
In section 107(1), replace “a decision of a court making an order in determination of”
with “an order determining”
.
42 Section 117 amended (Suspension orders)
After section 117(5), insert:
(6)
The jurisdiction of the Family Court under this section may be exercised by—
(a)
a Family Court Judge; or
(b)
a Family Court Associate having the same powers as a Family Court Judge.
43 Section 184 amended (Charging orders)
(1)
In section 184(1), replace “the Family Court or the District Court”
with “a Family Court Judge, Family Court Associate, or District Court Judge”
.
(2)
In section 184(4), replace “the court”
with “a Family Court Judge, Family Court Associate, or District Court Judge”
.
44 Section 185 amended (Charging orders on life insurance policies)
In section 185, delete “on the court”
.
Subpart 4—Amendments to Family Proceedings Act 1980
45 Principal Act
This subpart amends the Family Proceedings Act 1980.
46 Section 51 amended (Paternity orders)
After section 51(2), insert:
(3)
If an application made under section 47 is undefended, a Family Court Associate or Family Court Judge may make an order under this section.
47 Section 54 amended (Parentage tests)
After section 54(2), insert:
(3)
A Family Court Associate has the jurisdiction and powers of a Family Court Judge under subsection (1) in respect of an application made by a party to the proceedings.
48 Section 55 amended (Contents of report)
Replace section 55(3) with:
(3)
Where a report on parentage tests has been submitted to a court under this section, the person who made the report must provide a written statement explaining or amplifying any matter in the report if required to do so by—
(a)
a Judge, on the Judge’s own initiative or on the application of a party to the proceedings; or
(b)
a Family Court Associate, on the application of a party to the proceedings.
49 Section 56 amended (Right of examination)
In section 56, insert as subsection (2):
(2)
A Family Court Associate has the jurisdiction and powers of a Family Court Judge under subsection (1).
50 Section 57 amended (Refusal of parentage tests)
In section 57(1), replace “the court has recommended”
with “a recommendation has been made”
.
51 Section 91 amended (Reports as to maintenance)
After section 91(5), insert:
(6)
A Family Court Associate has the jurisdiction and powers of a Family Court Judge under subsections (1) and (5).
52 Section 145F replaced (Power of court to make maintenance orders in respect of children)
Replace section 145F with:
145F Power of court to make maintenance orders in respect of children
(1)
An application referred to in section 145A(b) must be heard and determined by a Family Court Judge.
(2)
However, if the respondent consents to the orders sought in the application no hearing is required and the orders sought may be made by—
(a)
a Family Court Judge; or
(b)
a Family Court Associate exercising the powers of a Family Court Judge.
(3)
Before making any orders under subsection (2), the Family Court Judge or Family Court Associate must—
(a)
advise the respondent to obtain legal advice; and
(b)
afford the respondent the opportunity to obtain that advice.
Subpart 5—Amendments to Family Violence Act 2018
53 Principal Act
This subpart amends the Family Violence Act 2018.
54 Section 189 amended (Objection process if direction made on application without notice)
(1)
Replace section 189(3)(b) with:
(b)
the direction is suspended from the date on which the court receives the notice of objection until the objection is dealt with under section 190.
(2)
In section 189(4), replace “the court”
with “a Judge or Family Court Associate”
.
55 Section 190 amended (Court may confirm or discharge direction after considering objection)
(1)
Replace the heading to section 190 with “Direction may be confirmed, varied, or discharged”
.
(2)
In section 190(1), replace “the court”
with “a Judge or Family Court Associate”
.
(3)
Replace section 190(2) with:
(2)
If a Judge or Family Court Associate confirms or varies a direction and the respondent is before the court, the Judge or Family Court Associate, as the case may be, must warn the respondent that non-compliance with the direction is an offence punishable by imprisonment.
56 Section 193 amended (When assessments or determinations need not be undertaken or made)
In section 193(3), before “Judge”
, insert “Family Court Associate or”
.
57 Section 194 amended (Order of, and delaying, respondent’s attendance or engagement)
In section 194(3), before “Judge”
, insert “Family Court Associate or”
.
58 Section 196 amended (When assessor must refer respondent back to court)
In section 196(3)(b), before “Judge”
, insert “Family Court Associate or”
.
59 Section 198 amended (Court may direct respondent to engage with prescribed non-standard service)
(1)
Replace the heading to section 198 with “Respondent may be directed to engage with non-standard service”
.
(2)
In section 198(2)(b), (3), (4), and (5), before “Judge”
, insert “Family Court Associate or”
in each place.
60 Section 199 amended (Referral to different service provider)
In section 199(4), before “Judge”
, insert “Family Court Associate or”
.
61 Section 200 amended (Referral back to court if programme or service to be delayed or inappropriate)
In section 200(2), before “Judge”
, insert “Family Court Associate or”
.
62 Section 201 amended (Terms of attendance at or engagement with non-violence programme or prescribed service)
In section 201(5)(b), before “Judge”
, insert “Family Court Associate or”
.
63 Section 203 amended (Referral back to court if continued provision no longer appropriate or practicable or affected significantly by non-compliance)
In section 203(4)(b), before “Judge”
, insert “Family Court Associate or”
.
64 Section 204 amended (Report and notice of completion and outcome of programme or service)
Replace section 204(3) with:
(3)
A Family Court Associate or Judge may release a report under subsection (1) to either or both of the following people on any terms and conditions the Family Court Associate or Judge considers necessary or desirable to protect the safety of a protected person:
(a)
a respondent:
(b)
a lawyer acting for a child who, under section 62(2), made the application for the protection order.
65 Section 206 amended (Powers if matter brought to attention of Judge)
(1)
In the heading to section 206, before “Judge”
, insert “Family Court Associate or”
.
(2)
In section 206(1), before “Judge”
, insert “Family Court Associate or”
.
(3)
Replace section 206(2) to (4) with:
(2)
A Family Court Associate may take all or any of the following actions:
(a)
make a direction under section 188(3)(a) and (b) (that the respondent undertake an assessment for prescribed services, and engage with any prescribed standard service, provided by a service provider, that an assessor determines may be appropriate for and may benefit the respondent):
(b)
suspend, vary, replace, or discharge the direction (to attend a non-violence programme or engage with a prescribed standard service) made under section 188(1)(b) or (3)(b):
(c)
suspend, vary, or replace, or discharge a direction (to engage with a prescribed non-standard service) made under section 198:
(d)
make a direction (to engage with a prescribed non-standard service) under section 198 in respect of the respondent:
(e)
make, under section 199, a referral to a different service provider that is able to provide a non-violence programme or prescribed service to the respondent:
(f)
settle the terms of attendance or (as the case requires) the terms of engagement with the respondent and the service provider under section 201:
(g)
make an order or direction under section 204(3) releasing a report under section 204(1) to either or both of the people specified in section 204(3)(a) and (b) on any terms and conditions the court considers necessary or desirable to protect the safety of a protected person:
(h)
refer the matter to a Judge to consider whether to take the action set out in subsection (3)(b), or to make any other order or direction under subsection (3)(c).
(3)
A Judge may—
(a)
take all or any of the actions specified in subsection (2)(a) to (g):
(b)
make, or vary or discharge terms or conditions of, a parenting order (interim or final) under the Care of Children Act 2004 relating to or affecting the respondent (in which case the provisions of that Act apply with all necessary modifications):
(c)
make any other order or direction the Judge thinks fit in the circumstances.
66 Section 207 amended (Notice of non-compliance with direction)
In section 207(1), after “section 188 or”
, insert “a Family Court Associate or Judge makes a direction under section”
.
67 Section 208 amended (Registrar’s response to notice of safety concerns or non-compliance)
After section 208(2)(a), insert:
(aa)
bring the matter to the attention of a Family Court Associate so that the Family Court Associate may consider whether to exercise the power conferred by section 209 in relation to the respondent; or
68 Section 209 replaced (Judge may call respondent before court)
Replace section 209 with:
209 Family Court Associate or Judge may call respondent before court
(1)
This section applies if the Registrar brings a matter to the attention of—
(a)
a Family Court Associate under section 208(2)(aa); or
(b)
a Judge under section 208(2)(b).
(2)
The Family Court Associate or Judge, as the case may be, may exercise the powers under section 169 to call the respondent before the court.
(3)
If the Family Court Associate or Judge exercises those powers, section 169 applies, so far as applicable and with all necessary modifications, as if the respondent were a witness in proceedings.
69 Section 210 replaced (Respondent called before court)
Replace section 210 with:
210 Respondent called before court
(1)
If a respondent appears before the court under section 208(2)(a) or section 209(2), a Family Court Associate may, after hearing from the respondent, do all or any of the following:
(a)
admonish the respondent:
(b)
confirm, vary, replace, or discharge the direction (under section 188 or 198), or change the terms of attendance at or engagement with the programme or prescribed service under section 201:
(c)
make a replacement direction (under section 188 or 198) that requires the respondent to attend or engage with a further, or different, assessment, programme, or prescribed service:
(d)
refer the matter to a Judge to consider whether to—
(i)
take the action set out in subsection (2)(d); or
(ii)
make any other order or direction under subsection (2)(e).
(2)
If a respondent appears before the court under section 208(2)(a) or section 209(2), a Judge may, after hearing from the respondent, do all or any of the following:
(a)
admonish the respondent:
(b)
confirm, vary, or replace, or discharge the direction (under section 188 or 198), or change the terms of attendance at or engagement with the programme or prescribed service under section 201:
(c)
make a replacement direction (under section 188 or 198) that requires the respondent to attend or engage with a further, or different, assessment, programme, or prescribed service:
(d)
make, or vary or discharge terms or conditions of, a parenting order (interim or final) under the Care of Children Act 2004 relating to or affecting the respondent (in which case the provisions of that Act apply with all necessary modifications):
(e)
make any other order or direction the Judge thinks fit in the circumstances.
(3)
If a Family Court Associate or Judge confirms or varies a direction, the Family Court Associate or Judge must warn the respondent that non-compliance with the direction is an offence punishable by imprisonment.
(4)
Failure to give the warning required by subsection (3) does not affect the validity of the direction confirmed or varied.
Subpart 6—Amendments to Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004
70 Principal Act
This subpart amends the Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004.
Subpart 7—Amendment to Marriage Act 1955
72 Principal Act
This subpart amends the Marriage Act 1955.
73 Sections 26 and 27 replaced
Replace sections 26 and 27 with:
26 Discharge of caveat
(1)
A caveat is to be treated as discharged 1 year after the date on which it was lodged unless within that time a notice of the marriage to which the caveat relates is given under section 23.
(2)
If the Registrar receives a notice under section 23 of an intended marriage against which the Registrar is aware a caveat has been lodged, the Registrar must submit the caveat to—
(a)
a Family Court Judge; or
(b)
a Family Court Associate; or
(c)
a District Court Judge, if no Family Court Judge or Family Court Associate is immediately available.
(3)
On receiving the caveat, the Judge or Family Court Associate must immediately—
(a)
inquire into the grounds of objection stated in the caveat; and
(b)
discharge the caveat if they are of the opinion that those grounds should not prevent the solemnisation of the marriage.
(4)
If a Judge or Family Court Associate has refused to discharge a caveat, any person may apply to a Family Court Judge for the discharge of the caveat.
(5)
On receiving an application under subsection (4), the Judge must discharge the caveat if the Judge is of the opinion that there is no longer any reason why the intended marriage should not be solemnised.
27 Vexatious caveat
A person who lodged a caveat is liable for damages if the Judge or Family Court Associate considers the grounds on which the caveat was lodged vexatious and unreasonable.
Subpart 8—Amendment to Oaths and Declarations Act 1957
74 Principal Act
This subpart amends the Oaths and Declarations Act 1957.
75 Schedule 2 amended
In Schedule 2, after the item relating to Community Magistrates, insert:
Family Court Associates
Subpart 9—Amendments to Oranga Tamariki Act 1989
76 Principal Act
This subpart amends the Oranga Tamariki Act 1989.
77 Section 39 amended (Place of safety warrants)
In section 39(1), after “available,”
, insert “a Family Court Associate or”
.
78 Section 40 amended (Warrant to remove child or young person)
In section 40(1), after “available,”
, insert “a Family Court Associate or”
.
Subpart 10—Amendments to Property (Relationships) Act 1976
79 Principal Act
This subpart amends the Property (Relationships) Act 1976.
80 Section 25 amended (When court may make orders)
After section 25(4), insert:
(4A)
If proceedings under this Act are pending, a Family Court Associate has the jurisdiction and powers of a Family Court Judge under subsection (4) if—
(a)
the Family Court Associate considers it appropriate in the circumstances to make an interim order of the kind referred to in that subsection; and
(b)
the parties to the proceedings consent to the making of the order and the giving of directions by the Family Court Associate with respect to the proceeds.
81 Section 37 amended (Persons entitled to be heard)
In section 37(1), replace “the court directs shall”
with “a Family Court Judge or Family Court Associate directs must”
.
82 Section 40 replaced (Costs)
Replace section 40 with:
40 Costs
(1)
In any proceedings under this Act, a Family Court Judge or Family Court Associate may make any order as to costs that they think fit.
(2)
Subsection (1) is subject to any rules of procedure made for the purposes of this Act.
83 Section 42 amended (Notice of interest against title)
Replace section 42(3)(a) with:
(a)
any application under section 142 of that Act in respect of any notice lodged under subsection (2) may be made to, and determined by, the Family Court, District Court, or High Court; and
(aa)
any application that may be made to a court under section 143 of that Act in respect of any notice lodged under subsection (2), may be made to and determined by a Family Court Associate, a Family Court Judge, the District Court, or the High Court; and
84 Section 43 amended (Dispositions may be restrained)
After section 43(1A), insert:
(1B)
A Family Court Associate has the jurisdiction and powers of a Family Court Judge under subsection (1) to make an order on the application of party B.
Subpart 11—Amendments to Protection of Personal and Property Rights Act 1988
85 Principal Act
This subpart amends the Protection of Personal and Property Rights Act 1988.
86 Section 15 amended (Orders by consent)
(1)
In section 15, replace “the court may”
with “a Family Court Judge or Family Court Associate may”
.
(2)
In section 15, replace “the court is satisfied”
with “the Judge or Family Court Associate is satisfied”
.
87 Section 48 amended (Enforcement of manager’s duty to prepare and file statements)
In section 48(1), after “Judge”
, insert “or Family Court Associate”
in each place.
88 Section 66 amended (Calling of pre-hearing conference)
In section 66(2), replace “any Family Court Judge”
with “a Family Court Judge or Family Court Associate”
.
89 Section 68 amended (Procedure at pre-hearing conference)
(1)
In section 68(1), after “Family Court Judge”
, insert “or Family Court Associate (the presiding officer)”
.
(2)
In section 68(3) and (4), replace “Judge”
with “officer”
.
(3)
Replace section 68(5) with:
(5)
The presiding officer may from time to time adjourn the pre-hearing conference to another time and place.
90 Section 69 amended (Identification of issues)
In section 69(1), (2), (3), and (4), replace “Judge”
with “officer”
.
91 Section 70 amended (Power of presiding Judge to make consent orders)
(1)
In the heading to section 70, replace “Judge”
with “officer”
.
(2)
In section 70(1) and (2), replace “Judge”
with “officer”
in each place.
92 Section 72 amended (Privilege)
In section 72(2), replace “Family Court Judge”
with “presiding officer”
.
Subpart 12—Amendment to Remuneration Authority Act 1977
93 Principal Act
This subpart amends the Remuneration Authority Act 1977.
94 Schedule 4 amended
In Schedule 4, insert in its appropriate alphabetical order:
The Family Court Associates
Subpart 13—Amendment to Status of Children Act 1969
95 Principal Act
This subpart amends the Status of Children Act 1969.
96 Section 10 amended (Declaration as to paternity)
After section 10(6), insert:
(7)
If an application made under subsection (2) or (3) is undefended, a Family Court Associate may exercise the jurisdiction of the Family Court in respect of that application and make a declaration.
Schedule New Schedule 2 inserted into Family Court Act 1980
Schedule 2 Jurisdiction and powers of Family Court Associates
s 7C
1 Jurisdiction and powers: appointment of lawyers and obtaining reports
A Family Court Associate has the jurisdiction and powers of a Family Court Judge to—
(a)
appoint, under any of the following provisions, a lawyer to represent a child who is the subject of, or who is a party to, proceedings:
(i)
section 7 of the Care of Children Act 2004:
(ii)
section 226 of the Child Support Act 1991:
(iii)
section 162 of the Family Proceedings Act 1980:
(b)
appoint, under section 166(1)(b), (c), or (d) of the Family Violence Act 2018, a lawyer to represent a child, or a person lacking in capacity to whom section 67 of that Act applies:
(c)
appoint, under section 37A of the Property (Relationships) Act 1976, a lawyer to represent any minor or dependent children in proceedings under that Act:
(d)
appoint, under any of the following provisions, a lawyer to represent an applicant:
(i)
section 20(1) of the Civil Union Act 2004:
(ii)
section 19(1) of the Marriage Act 1955:
(e)
appoint, under section 124(1) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, a lawyer to represent a care recipient:
(f)
appoint, under section 95(5)(b) of the Evidence Act 2006, a lawyer to put to a witness a party’s questions if the party fails or refuses to engage a lawyer and is precluded by an order made under section 95(2) of that Act from personally cross-examining a witness:
(g)
appoint, under any of the following provisions, a lawyer to assist the court:
(i)
section 130(a) of the Care of Children Act 2004:
(ii)
section 226A(a) of the Child Support Act 1991:
(iii)
section 20(2)(a) of the Civil Union Act 2004:
(iv)
section 162A(a) of the Family Proceedings Act 1980:
(v)
section 166(1)(a) of the Family Violence Act 2018:
(vi)
section 19(2)(a) of the Marriage Act 1955:
(vii)
section 65A(a) of the Protection of Personal and Property Rights Act 1988:
(h)
direct a Registrar of the court to appoint, under any of the following provisions, a lawyer to assist the court:
(i)
section 130(b) of the Care of Children Act 2004:
(ii)
section 226A(b) of the Child Support Act 1991:
(iii)
section 20(2)(b) of the Civil Union Act 2004:
(iv)
section 162A(b) of the Family Proceedings Act 1980:
(v)
section 19(2)(b) of the Marriage Act 1955:
(vi)
section 65A(b) of the Protection of Personal and Property Rights Act 1988:
(i)
review, under any of the following provisions, a decision of a Registrar relating to the invoice of a lawyer for fees and expenses:
(i)
section 131(3) of the Care of Children Act 2004:
(ii)
section 226B(3) of the Child Support Act 1991:
(iii)
section 20(5) of the Civil Union Act 2004:
(iv)
section 162B(3) of the Family Proceedings Act 1980:
(v)
section 167(4) and (5) of the Family Violence Act 2018:
(vi)
section 124(6) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003:
(vii)
section 19(5) of the Marriage Act 1955:
(viii)
sections 65(7) and 65B(3) of the Protection of Personal and Property Rights Act 1988:
(j)
order, under any of the following provisions, the parties to reimburse the Crown an amount in respect of the fees and expenses of a lawyer appointed by the court:
(i)
sections 131(4) and 135A of the Care of Children Act 2004:
(ii)
sections 226B(4) and 226C of the Child Support Act 1991:
(iii)
sections 162B(4) and 162C of the Family Proceedings Act 1980:
(iv)
sections 65(8) and 65B(4) of the Protection of Personal and Property Rights Act 1988:
(k)
obtain any of the following reports:
(i)
a cultural, medical, psychiatric, or psychological report under section 133 of the Care of Children Act 2004:
(ii)
a cultural report under section 20A of the Civil Union Act 2004:
(iii)
a cultural report under section 20 of the Marriage Act 1955:
(iv)
a medical, psychiatric, or psychological, or other report under section 76 of the Protection of Personal and Property Rights Act 1988:
(l)
order, under sections 135(2) and 135A of the Care of Children Act 2004, the parties to reimburse the Crown an amount in respect of the fees and expenses incurred in relation to a report prepared under section 133 of that Act.
2 Jurisdiction and powers: under specific enactments
A Family Court Associate has jurisdiction under the following enactments and, unless otherwise provided, has the powers of a Family Court Judge to exercise that jurisdiction:
(a)
sections 7(8)(a), 8, 23, and 23A of the Adoption Act 1955:
(b)
sections 46E, 46F, 46G, 46O, 46Q, 47, 49A(3), 59(4), 77, 77B(1), 132, 134, 137, 139A, and 141(2) of the Care of Children Act 2004:
(c)
sections 99 (if an application is undefended), 103A, 103B, and 103C (in respect of the latter 3 preceding provisions, extending the time for lodging an appeal), 104, 105, 106, 117, and 184 of the Child Support Act 1991:
(d)
sections 51 (if an application is undefended), 54 and 55 (in respect of both provisions, only on the application of a party), 56, 91, and 145F (if the respondent consents to the orders being made) of the Family Proceedings Act 1980:
(e)
Part 7 of the Family Violence Act 2018 (except section 188):
(f)
sections 26 and 27 of the Marriage Act 1955:
(g)
sections 39 and 40 of the Oranga Tamariki Act 1989 (in respect of both provisions, if no District Court Judge is available):
(h)
sections 25 (only with the consent of the parties), 37, 40, 42, and 43 (only on the application of a party) of the Property (Relationships) Act 1976:
(i)
sections 15, 48, 66(2), 68, 69, and 70 of the Protection of Personal and Property Rights Act 1988:
(j)
section 10(2) and (3) (in respect of undefended applications) of the Status of Children Act 1969.
3 Jurisdiction and powers: generally
A Family Court Associate has the powers of a Family Court Judge to deal with any matter in respect of which a Family Court Associate is conferred jurisdiction by any other enactment.
4 Powers of Registrars
(1)
A Family Court Associate has the jurisdiction and may exercise the powers conferred on a Registrar of the Family Court by or under any enactment.
(2)
A Family Court Associate has the jurisdiction and may exercise the powers conferred on a Registrar of the District Court under sections 77, 117, and 118 of the Care of Children Act 2004.
Legislative history
5 July 2022 |
Introduction (Bill 148–1) |
|
2 August 2022 |
First reading and referral to Justice Committee |
|
16 December 2022 |
Reported from Justice Committee (Bill 148–2) |
|
4 April 2023 |
Second reading |
|
2 May 2023 |
Committee of the whole House (Bill 148–3) |
|
30 May 2023 |
Third reading |
|
6 June 2023 |
Royal assent |
This Act is administered by the Ministry of Justice.