Family Proceedings Rules 1981
Version as at 1 May 2023
Family Proceedings Rules 1981
(SR 1981/261)
David Beattie, Governor-General
Order in Council
At the Government House at Wellington this 21st day of September 1981
Present:
His Excellency the Governor-General in Council
Note
The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.
These rules are administered by the Ministry of Justice.
Pursuant to section 188 of the Family Proceedings Act 1980 and to section 32(4) of the Guardianship Act 1968, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following rules.
Contents
Rules
Part 1 Preliminary provisions
1 Title and commencement
(1)
These rules may be cited as the Family Proceedings Rules 1981.
(2)
Except as provided in subclause (3), these rules shall come into force on 1 October 1981.
(3)
Rule 64 and forms FP 38 and FP 39 shall come into force on a date to be appointed by Order in Council.
Rule 1(3): rule 64, and forms FP 38 and FP 39 brought into force (with effect on 1 March 1986) on 1 July 1995, by rule 49 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
2 Application of rules
(1)
Subject to this rule and unless the context otherwise requires, these rules shall apply—
(a)
to all proceedings under the Family Proceedings Act 1980; and
(b)
to all proceedings under the Care of Children Act 2004 in respect of which a District Court has jurisdiction.
(2)
These rules do not apply to—
(a)
criminal proceedings; or
(aa)
proceedings under the Acts to which the Family Courts Rules 2002 apply, namely—
(i)
proceedings in the Family Courts; and
(ii)
proceedings in a District Court acting under section 15 of the Family Courts Act 1980; or
(b)
proceedings under section 26(2) of the Family Proceedings Act 1980 (which proceedings relate to the effect of a separation order on property rights); or
(c)
proceedings which are transferred to the High Court under either of the Acts or under section 14 of the Family Courts Act 1980.
(3)
If in any proceedings any question arises as to the application of any provision of these rules, the court may, either on the application of any party or of its own motion, determine the question and give such directions as it thinks fit.
Compare: SR 1969/262 r 2
Rule 2(1)(b): amended, on 1 July 2005, by rule 3 of the Family Proceedings Amendment Rules 2005 (SR 2005/100).
Rule 2(1)(b): amended, on 21 October 2002, by rule 3(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Rule 2(2)(aa): inserted, on 21 October 2002, by rule 3(2) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
3 Interpretation
(1)
In these rules, unless the context otherwise requires,—
Acts means the Family Proceedings Act 1980 and the Care of Children Act 2004
address for service means the address of a place in New Zealand where any document may be left for the party giving the address, which address shall not be that of a Post Office box, a document exchange, or a rural delivery
Christmas vacation has the same meaning as it has in rule 3(1) of the District Courts Rules
court—
(a)
means a District Court of civil jurisdiction exercising jurisdiction under the Acts or either of the Acts; and
(b)
in relation to any act, jurisdiction, or discretion which may under these rules be done or exercised by the Registrar, includes the Registrar
District Courts Rules means the District Courts Rules 1992 (SR 1992/109)
Judge means a District Court Judge exercising jurisdiction under the Acts or either of the Acts
nearest, in relation to any court, means the court whose place of sitting is nearest by the most practicable route
Registrar means the Registrar of a court, and includes any Deputy Registrar
Registrar’s list means a list on which a Registrar enters, pursuant to rule 32D(1), applications under section 37 of the Family Proceedings Act 1980.
(2)
Where any word or expression in any rule or form in these rules is not defined in these rules but is defined in an Act dealing with the subject matter of that rule or form, that word or expression shall, unless the context otherwise requires, bear in that rule or form the meaning given to it by that Act.
(3)
In these rules, a reference to a numbered form is a reference to the form so numbered in Schedule 1.
Compare: SR 1964/181 r 2; SR 1969/262 r 3
Rule 3(1) Acts: amended, on 1 July 2005, by rule 4 of the Family Proceedings Amendment Rules 2005 (SR 2005/100).
Rule 3(1) Christmas vacation: inserted, on 1 July 1995, by rule 2(1) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Rule 3(1) court: replaced, on 21 October 2002, by rule 4(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Rule 3(1) District Courts Rules: replaced, on 1 July 1995, by rule 2(2) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Rule 3(1) Judge: replaced, on 21 October 2002, by rule 4(2) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Rule 3(1) Registrar’s list: inserted, on 1 July 1995, by rule 2(3) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
4 Construction
These rules shall be so construed as to secure the just, speedy, simple, and inexpensive determination of any proceedings.
Compare: SR 1969/262 r 4; SR 1981/259 r 6
5 Procedure and practice
(1)
No practice that is inconsistent with these rules shall prevail in any court.
(2)
Subject to subclauses (3) to (5), if any case arises for which no form of procedure is prescribed by the Acts or these rules, the District Courts Rules shall apply, so far as they are applicable and with any necessary modifications, and the general practice of District Courts shall apply.
(3)
Notwithstanding subclause (2), a court shall dispose of any case to which that subclause applies in such manner and subject to such modifications as the court thinks best calculated to promote the ends of justice.
(4)
Those provisions of the District Courts Rules which are set out in Schedule 2 shall not apply to proceedings under the Acts or either of the Acts.
(5)
Where a court is satisfied, in the circumstances of any particular case, that—
(a)
the provisions of the Acts, of these rules, or of the District Courts Rules, or the practice of the court, do not make adequate provision for procedure or practice; or
(b)
difficulties arise or doubts exist as to the appropriate procedure or practice,—
the court may give such directions with respect to the procedure and practice to be followed in the case as the court considers necessary to promote the ends of justice.
(6)
Every Judge may from time to time give such directions, not inconsistent with any enactment or these rules, as he or she thinks proper for regulating the business of the court over which he or she presides.
Compare: SR 1969/262 r 5; SR 1981/259 r 7; Family Law Regulations r 5(1) (Aust)
6 Non-compliance with rules
Non-compliance with any of these rules shall not render void the proceedings in which the non-compliance has occurred, but the proceedings may, of the court’s own motion or on application made with reference to the non-compliance, be set aside either wholly or in part or amended or otherwise dealt with in such manner or on such terms as the court thinks fit.
Compare: SR 1969/262 r 6; SR 1981/259 r 8
Part 2 Records
7 Records
(1)
The Registrar of every District Court shall keep the following records:
(a)
Family Proceedings Records in such form as the chief executive of the Ministry of Justice directs from time to time, in which shall be entered a record of each application made under the Acts or either of the Acts, and of the decision on the application; and
(b)
such other records as the chief executive of the Ministry of Justice directs from time to time.
(2)
A minute of the decision on each application shall be endorsed on that application, and shall be signed and dated by the Judge or Registrar making the order.
Compare: SR 1964/181 r 3; SR 1969/262 r 7
Rule 7(1)(a): amended, on 1 October 2003, pursuant to section 14(2) of the State Sector Amendment Act 2003 (2003 No 41).
Rule 7(1)(b): amended, on 1 October 2003, pursuant to section 14(2) of the State Sector Amendment Act 2003 (2003 No 41).
8 Searches
(1)
Subject to subclause (2), the following persons may search the records of and the documents filed in the District Court in relation to any proceedings under either of the Acts, namely:
(a)
a party to the proceedings, or his or her solicitor or an agent of his or her solicitor:
(b)
any other person who satisfies the Registrar that he or she has a proper interest in the proceedings.
(2)
If the Registrar considers that it would contravene a direction given by a Judge to permit a person referred to in subclause (1)(a) or (b) to inspect any particular document, or that there is some other special reason why the person should not search any particular document, he or she may decline to permit that person to search that document.
(3)
If a person referred to in subclause (1)(a) or (b) disputes the exercise by the Registrar of the power conferred on him or her by subclause (1) or subclause (2), the Registrar shall, on that person’s request, submit the request to a Judge, whose decision shall be final.
Compare: SR 1969/262 r 8
Part 3 Counselling
[Revoked]Part 3: revoked, on 1 May 2014, by rule 4 of the Family Proceedings Amendment Rules 2014 (LI 2014/85).
9 Counselling
[Revoked]Rule 9: revoked, on 21 October 2002, by rule 5 of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
10 Summons to attend counselling or mediation
[Revoked]Rule 10: revoked, on 1 May 2014, by rule 4 of the Family Proceedings Amendment Rules 2014 (LI 2014/85).
Part 4 Proceedings generally
11 Forms
(1)
The forms to be used in proceedings under either of the Acts shall be those prescribed in Schedule 1.
(2)
[Revoked](3)
Strict compliance with prescribed forms is not necessary and, in particular, it is sufficient if—
(a)
such variations are made in any prescribed form as the circumstances of any particular case may require; and
(b)
such compliance occurs with any prescribed form as the circumstances of any particular case may allow.
(4)
Where no form is prescribed, a form may be devised by the parties or by the court, using as guides those prescribed in these rules.
(5)
Each sheet of paper used for any form shall be of International size A4.
(6)
Each sheet of paper on which the contents of a document are recorded shall have those contents recorded only on one side.
(7)
In the case of an application to which rule 18 applies,—
(a)
a margin of at least 40 mm shall be left at the top of each page; and
(b)
a margin of at least 70 mm shall be left on the right-hand side of each page.
(8)
In the case of form FP 7, each sheet of paper shall be coloured any shade of yellow acceptable to the Registrar.
Compare: SR 1969/262 r 9; Family Law Regulations r 10(1) (Aust)
Rule 11(2): revoked, on 1 July 1995, by rule 3 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Rule 11(3): replaced, on 1 July 1995, by rule 3 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Rule 11(8): inserted, on 1 July 1996, by rule 2 of the Family Proceedings Rules 1981, Amendment No 2 (SR 1996/151).
12 Notices
(1)
All notices required to be given or served by either of the Acts or by these rules shall be in writing, unless the Acts or these rules otherwise provide or the court in any particular case otherwise directs.
(2)
Where an application is made for any order or direction relative to the service of an application upon a respondent, the court or Judge or Registrar hearing the same may require such further information or matter to be stated in the notice to the respondent, and may impose such conditions as seem proper to the court or Judge or Registrar in the circumstances of the particular case.
Compare: SR 1964/181 r 6(3); SR 1969/262 r 10
13 Headings
(1)
Subject to subclause (4), every application, notice, order, summons, or warrant shall bear a proper heading.
(2)
Subject to subclause (4), the heading, which may be in form FP 6, shall show—
(a)
the court in which the application or other matter is proceeding; and
(b)
the distinguishing number of the application or other matter; and
(c)
the names, addresses, and occupations of the parties.
(3)
Subclauses (1) and (2) shall apply to every other document, including any affidavit, filed, issued, or served by any party:
provided that in the case of any such document—
(a)
surnames of individuals, where required to be inserted, shall be set out at length, but given names may, unless necessary to distinguish 2 or more persons required to be named, be indicated by initials only:
(b)
addresses and occupations of persons, unless necessary to distinguish 2 or more persons required to be named, may be omitted.
(4)
Subclauses (1) and (2) do not apply in respect of an application to which rule 18 applies.
Compare: SR 1981/259 r 9A
Rule 13(4): replaced, on 21 October 2002, by rule 6 of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
14 Form of applications
(1)
Every application for an order under either of the Acts shall be in the appropriate form in Schedule 1.
(2)
Multiple applications may be made in a single document (whether it consists of 1 page or of more pages than 1).
(3)
Where multiple applications are made in a document—
(a)
1 signature by the applicant may be sufficient for all the applications made in the document:
(b)
(c)
1 general heading in form FP 6 shall be sufficient in those cases where such a general heading is required:
(d)
each separate application must be clearly identified in the document by appropriate headings.
Compare: SR 1969/262 r 17(1)
Rule 14(3)(d): replaced, on 21 October 2002, by rule 7 of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
15 Applications on notice
(1)
Subject to rule 16, every application for an order under either of the Acts—
(a)
shall be on notice; and
(b)
must be filed together with a number of copies that the Registrar directs (which number must not exceed the number of persons intended to be served) of—
(i)
the application; and
(ii)
where rule 18 applies, the information sheet accompanying that application.
(2)
[Revoked](3)
An application on notice shall be in form FP 15.
(3A)
[Revoked](4)
[Revoked](5)
On the filing of any application to which subclause (3) applies, the Registrar shall issue, for service on the respondent,—
(a)
a copy of the application; and
(b)
where rule 18 applies, a copy of the information sheet accompanying the application; and
(ba)
[Revoked](c)
a notice to the respondent in form FP 16 or form FP 17, as may be appropriate.
(6)
This subclause applies to every application under section 72(2) or section 73(2) of the Care of Children Act 2004 seeking a warrant directing that a child be delivered—
(a)
to the applicant; or
(b)
to some other person or authority named in the warrant on behalf of the applicant.
(7)
Every application to which subclause (6) applies must be accompanied by a written statement indicating what arrangements are being made for the child to be delivered to the applicant after execution of the warrant.
Compare: SR 1969/262 r 20
Rule 15(1)(b): replaced, on 21 October 2002, by rule 8(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Rule 15(2): revoked, on 21 October 2002, by rule 8(2) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Rule 15(3): amended, on 21 October 2002, by rule 8(3) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Rule 15(3A): revoked, on 21 October 2002, by rule 8(4) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Rule 15(4): revoked, on 21 October 2002, by rule 8(4) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Rule 15(5): amended, on 21 October 2002, by rule 8(5)(a) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Rule 15(5)(ba): revoked, on 21 October 2002, by rule 8(5)(b) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Rule 15(6): inserted, on 1 July 2005, by rule 5 of the Family Proceedings Amendment Rules 2005 (SR 2005/100).
Rule 15(7): inserted, on 1 July 2005, by rule 5 of the Family Proceedings Amendment Rules 2005 (SR 2005/100).
16 Ex parte applications
(1)
An order may be made, a warrant may be issued, or an authorisation may be granted, as the case may be, on an ex parte application under the following sections:
(a)
the Family Proceedings Act 1980—
(i)
[Revoked](ii)
section 147 (provisional maintenance order):
(iii)
section 174(2) (order dispensing with security for appeal):
(iv)
section 183 (order restraining disposition):
(b)
the Care of Children Act 2004—
(i)
section 76, including as applied by sections 117(4) and 119(4) of that Act (authority to use faxed copy of warrant):
(ii)
section 77 (preventing removal of child from New Zealand):
(iii)
section 143(5) (order dispensing with security for appeal).
(c)
[Revoked](2)
In any other case, an order may be made upon application ex parte—
(a)
if the court is satisfied—
(i)
that the delay that would be caused by proceeding on notice would or might entail serious injury or undue hardship; or
(ii)
that the delay that would be caused by proceeding on notice would or might entail risk to the personal safety of the applicant or any child of the applicant’s family; or
(iii)
that the application affects only the party moving, or is in respect of a matter of routine, or is of so unimportant a nature that the interest of any other party cannot be affected thereby; or
(b)
where section 157 of the Family Proceedings Act 1980 applies.
(3)
[Revoked](4)
Every ex parte application shall be in form FP 20.
(5)
Every ex parte application referred to in—
(a)
subclause (1); or
(b)
subclause (2)(a)(iii),—
shall be accompanied by an affidavit made by the applicant or some other person deposing to the matters on which the application is based.
(6)
Any person against whom an order has been made ex parte under subclause (2) may at any time apply to rescind or vary the order.
(7)
This subclause applies to every application under section 72(2) or section 73(2) of the Care of Children Act 2004 seeking a warrant directing that a child be delivered—
(a)
to the applicant; or
(b)
to some other person or authority named in the warrant on behalf of the applicant.
(8)
Every application to which subclause (7) applies must be accompanied by a written statement indicating—
(a)
whether the applicant intends to make himself or herself available near the place, and soon after the time, that the warrant is likely to be executed and, if not, how the child is proposed to be delivered to the applicant (as the case requires); or
(b)
how the child is proposed to be delivered by that other person or authority to the applicant.
Compare: SR 1969/262 r 18
Rule 16(1): replaced, on 2 September 1996, by section 11(1) of the Guardianship Amendment Act 1996 (1996 No 127).
Rule 16(1)(a)(i): revoked, on 21 October 2002, by rule 9(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Rule 16(1)(b): replaced, on 1 July 2005, by rule 6(1) of the Family Proceedings Amendment Rules 2005 (SR 2005/100).
Rule 16(1)(c): revoked, on 1 July 2005, by rule 6(1) of the Family Proceedings Amendment Rules 2005 (SR 2005/100).
Rule 16(3): revoked, on 21 October 2002, by rule 9(2) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Rule 16(4): amended, on 21 October 2002, by rule 9(3) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Rule 16(5)(a): replaced, on 1 July 1995, by rule 6(3) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Rule 16(7): inserted, on 1 July 2005, by rule 6(2) of the Family Proceedings Amendment Rules 2005 (SR 2005/100).
Rule 16(8): inserted, on 1 July 2005, by rule 6(2) of the Family Proceedings Amendment Rules 2005 (SR 2005/100).
17 Procedure on ex parte applications
(1)
If an ex parte application is one upon which an appearance is necessary or required, the Registrar shall fix a date and time for its hearing and shall inform the applicant of the date and time so fixed.
(2)
If an order is made on an application on which no appearance is necessary or required by the applicant, the Registrar shall immediately inform the applicant of the terms of the order.
Compare: SR 1969/262 r 19(2), (3)
18 Information sheet to accompany certain applications
(1)
Every application (including an ex parte application, where such an application is permissible), being—
(a)
[Revoked](b)
an application for—
(i)
a maintenance order (not being a maintenance order to which Part 8 of the Family Proceedings Act 1980 applies); or
(ii)
[Revoked](iii)
an order varying, discharging, or suspending any order of a kind described in subparagraph (i)—
shall be accompanied by a duly completed information sheet in form FP 7, which shall, where that application is to be served, be served with that application.
(2)
Subclause (1) shall apply to an application, notwithstanding that more than 1 form of relief or more than 1 order is claimed or sought in the document in which the application is made.
Rule 18(1)(a): revoked, on 21 October 2002, by rule 10(a) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Rule 18(1)(b): replaced, on 1 July 1995, by rule 7 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Rule 18(1)(b)(ii): revoked, on 21 October 2002, by rule 10(a) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Rule 18(1)(b)(iii): amended, on 21 October 2002, by rule 10(b)(i) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Rule 18(1)(b)(iii): amended, on 21 October 2002, by rule 10(b)(ii) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
19 Marriage certificate
[Revoked]Rule 19: revoked, on 21 October 2002, by rule 11 of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
20 Filing of applications
(1)
Except where by either of the Acts or these rules it is otherwise provided, any application by which proceedings under either of the Acts are commenced may be filed—
(a)
in the District Court nearest to the place where the applicant resides; or
(b)
in the District Court nearest to the place where the respondent resides; or
(c)
with the written consent of the respondent filed with the application, in any other District Court.
(2)
[Revoked](3)
[Revoked](4)
[Revoked]Compare: SR 1964/181 r 4(1); SR 1969/262 r 13
Rule 20(2): revoked, on 21 October 2002, by rule 12 of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Rule 20(3): revoked, on 21 October 2002, by rule 12 of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Rule 20(4): revoked, on 21 October 2002, by rule 12 of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
21 Transfer of previous documents
(1)
Where—
(a)
the parties to an application (other than an interlocutory application) were the parties, or some of the parties, to any previous application under either of the Acts or any corresponding former enactment; and
(b)
any such previous application was filed in a court other than that in which the latest application is filed,—
there shall be filed with the latest application a document showing—
(c)
the file number of any such previous application; and
(d)
the court in which any such previous application was filed.
(2)
Any party to an application may, by the document filed under subclause (1) or by a document filed separately at any time, request the transfer to the court in which the latest application is filed of all documents relating to any such previous application.
(3)
The Registrar may, and shall, on receipt of a request under subclause (2) or by direction of a Judge, take all necessary steps to have the documents relating to any such previous application transferred.
Compare: SR 1969/262 r 14
22 Proceedings commenced in wrong court
(1)
The Registrar may refuse to file any proceedings which in his or her opinion are tendered for filing in the wrong court:
provided that the applicant may on such refusal apply to a Judge for a direction that he or she is entitled to file the proceedings in that court.
(2)
Where proceedings are commenced in the wrong court, a Judge, on such terms and conditions as he or she thinks fit, may either—
(a)
transfer the proceedings to the court in which they ought to have been commenced; or
(b)
order that the proceedings shall continue in the court in which they were commenced.
(3)
Subject to subclause (2), no objection shall be taken at the hearing or at any subsequent proceedings on the ground that the proceedings were filed in the wrong court.
Compare: SR 1969/262 r 16
23 Application for separation order
[Revoked]Rule 23: revoked, on 21 October 2002, by rule 13 of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
24 Restriction on service of application for separation order
[Revoked]Rule 24: revoked, on 21 October 2002, by rule 13 of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
25 Report by counsellor
[Revoked]Rule 25: revoked, on 21 October 2002, by rule 13 of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
26 Declaration of financial means
(1)
When a maintenance order is applied for under the Family Proceedings Act 1980, both the applicant and the respondent may file in the court a statutory declaration in form FP 21 at any time, and shall, except where the maintenance order is applied for under Part 8 of that Act, file such a declaration in the court not later than the date of the hearing of the application if they have not already done so.
(2)
Where a party files a declaration in form FP 21, that party shall, except where the maintenance order is applied for under Part 8 of the Family Proceedings Act 1980, serve a copy of the declaration on the other party or his or her solicitor.
(3)
[Revoked](4)
The court may dispense with the filing by the applicant or the respondent or both of a declaration or declarations under subclause (1).
(5)
Failure to comply with a requirement to file a declaration under subclause (1) may be treated by the court as if it were failure to comply with an order made under rule 48(2).
Rule 26(3): revoked, on 1 July 1995, by rule 9 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
27 Notice of defence
(1)
Subject to subclause (2), in any proceedings under either of the Acts the respondent may, within 21 days after service on the respondent of the application and notice, file in the court and serve on the other party or the other party’s solicitor a notice of defence in form FP 22.
(2)
Where a respondent resides outside New Zealand, or where there is substituted service, the time after service within which the respondent may file a notice of defence to the application shall, on application by the applicant, be fixed by the court or a Judge or a Registrar.
(3)
Where a respondent intends to claim relief under section 168 of the Family Proceedings Act 1980, the notice of defence of that respondent shall conclude with a request for the relief to which the respondent claims to be entitled.
(4)
A notice of defence may be amended in accordance with rule 52 by the addition of a request for relief under section 168 of the Family Proceedings Act 1980.
Rule 27: replaced, on 1 July 1995, by rule 10 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
27A Time for filing notice of defence
Notwithstanding rule 27, unless the court otherwise directs—
(a)
the time of the Christmas vacation shall not be reckoned in the computation of time fixed or allowed by these rules for filing or serving any notice of defence; and
(b)
no notice of defence shall be filed or served in the Christmas vacation.
Rule 27A: inserted, on 1 July 1995, by rule 10 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
27B Non-compliance with rules 27 and 27A
(1)
(2)
If the respondent appears on the day of the hearing of the application to oppose or support the application, the Judge must decide whether it is in the interests of justice to allow the respondent to be heard.
(3)
In deciding, for the purpose of subclause (2), whether to allow the respondent to be heard in relation to the application, the Judge must take into account the following matters:
(4)
The Judge may—
(a)
allow the respondent to be heard in relation to the application on such terms as the Judge thinks fit; or
(b)
decline to allow the respondent to be heard.
(5)
If the Judge allows the respondent to be heard in relation to the application, the Judge may—
(a)
either—
(i)
proceed with the hearing of the application in accordance with any directions that the Judge thinks fit; or
(ii)
adjourn the hearing of the application and give any directions about the adjourned hearing that the Judge thinks fit; and
(6)
If the Judge declines to allow the respondent to be heard, the Judge may proceed with the hearing of the application as if the respondent had not appeared.
Rule 27B: replaced, on 3 August 2009, by rule 4 of the Family Proceedings Amendment Rules 2009 (SR 2009/190).
27C Request for appearance
[Revoked]Rule 27C: revoked, on 21 October 2002, by rule 15 of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
27D Request for hearing before order made
[Revoked]Rule 27D: revoked, on 21 October 2002, by rule 15 of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
27E Effect of filing request for appearance or request for hearing
[Revoked]Rule 27E: revoked, on 21 October 2002, by rule 15 of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
28 Claim for relief in notice of defence
[Revoked]Rule 28: revoked, on 1 July 1995, by rule 10 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
29 Mediation conference
[Revoked]Rule 29: revoked, on 21 October 2002, by rule 16 of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
30 Change of Judge after mediation conference
[Revoked]Rule 30: revoked, on 21 October 2002, by rule 16 of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
31 Interlocutory applications
Any application in the course of proceedings shall be filed in the court in which the proceedings were commenced or to which they have been transferred, or transferred for hearing, as the case may require.
Compare: SR 1969/262 r 15
32 Restrictions on setting application down for hearing
Where any application, other than an application under section 32 or section 37 of the Family Proceedings Act 1980, has been made under either of the Acts—
(a)
the Registrar shall not set the application down for hearing—
(i)
[Revoked](ii)
before the time for filing a notice of defence has expired—
unless a Judge in any particular case otherwise orders; and
(b)
it shall be the duty of all parties to furnish without delay to the Registrar all available information affecting any estimated length of the hearing.
Rule 32: replaced, on 1 July 1995, by rule 11 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Rule 32(a)(i): revoked, on 21 October 2002, by rule 17 of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
32A Setting down for hearing where notice of defence filed
(1)
Where a notice of defence to an application under either of the Acts, other than an application under section 32 or section 37 of the Family Proceedings Act 1980, has been filed, the application shall be set down for hearing on the filing of an application for a fixture in form FP 23, and not otherwise.
(2)
Notwithstanding subclause (1), the Registrar may set the application down for hearing where the application is signed by one party alone if the Registrar is satisfied that the other party or parties have refused to sign the application and that the refusal in the circumstances is unreasonable.
(3)
Where the Registrar sets the application down for hearing pursuant to subclause (2), the Registrar shall endorse the application accordingly.
(4)
The Registrar shall give notice of the time and date of the hearing to the parties.
Rule 32A: inserted, on 1 July 1995, by rule 11 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
32B Setting down for hearing where no notice of defence filed
Where a notice of defence to an application under either of the Acts, other than an application under section 32 or section 37 of the Family Proceedings Act 1980, has not been filed,—
(a)
the application shall be set down for hearing on the filing by the applicant of a request in writing, and not otherwise; and
(b)
the Registrar shall give notice of the time and date of the hearing—
(i)
to the applicant; and
(ii)
if the respondent has filed an address for service, or has been served with the proceedings, to the respondent.
Rule 32B: inserted, on 1 July 1995, by rule 11 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
32C Setting down for hearing of application for declaration or order dissolving marriage
[Revoked]Rule 32C: revoked, on 21 October 2002, by rule 18 of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
32D Registrar’s list of applications for order dissolving marriage
[Revoked]Rule 32D: revoked, on 21 October 2002, by rule 18 of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
32E Request for hearing after order made
[Revoked]Rule 32E: revoked, on 21 October 2002, by rule 18 of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
33 Setting down for hearing
[Revoked]Rule 33: revoked, on 1 July 1995, by regulation 11 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Part 5 Transfer of proceedings or hearing
34 Transfer of proceedings
If a Judge of any court is satisfied that any proceedings in that court can be more conveniently or fairly dealt with in some other court, he or she may order them to be transferred to that other court.
Compare: SR 1964/181 r 36; SR 1969/262 r 23
35 Transfer of hearing
If a Judge of any court is satisfied that any application filed in that court can be more conveniently or fairly heard in some other court, but that the application should remain an application to the first-mentioned court, he or she may order that the hearing of the application shall take place in that other court.
Compare: SR 1964/181 r 36; SR 1969/262 r 24
36 Transfer with or without application
(1)
(2)
Where all parties consent, the order may be made by the Registrar.
(3)
The order shall be endorsed on the application, and notice of the transfer shall be given to all parties.
Compare: SR 1969/262 r 25
37 Procedure on transfer
(1)
Where a transfer of any proceedings is ordered, the Registrar of the District Court shall send to the Registrar of the other District Court all the documents in his or her custody relating to the proceedings. The Registrar of the court to which the proceedings are transferred shall enter the proceedings in the records of the court, and the proceedings shall continue as if they were originally filed in that court.
(2)
Where a transfer of hearing is ordered,—
(a)
the Registrar of the court in which the application is pending shall send to the Registrar of the other court all the documents in his or her custody relating to the proceedings and shall note his or her Family Proceedings Records accordingly; and
(b)
the Registrar of the court of hearing shall make an appropriate entry in the records of his or her court, and thereupon, for the purposes of the hearing of the application, the application shall be dealt with as if it had been filed in the court of hearing; and
(c)
when the hearing is concluded, the Registrar of the court of hearing shall return all the documents relating to the proceedings, including every order that may have been made therein, to the Registrar of the court from which the documents were sent to him or her, and the last-mentioned Registrar shall record every such order in his or her Family Proceedings Records and shall take such steps (if any) required by rule 45 to serve a copy of every such order on the parties.
Compare: SR 1969/262 r 26
38 Transfer of proceedings to High Court
Rule 37(1) shall apply with any necessary modifications to the transfer of proceedings to the High Court under either of the Acts.
Rule 38: amended, on 21 October 2002, by rule 19 of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Part 6 Service
Part 6: replaced, on 1 September 2017, by rule 4 of the Family Proceedings Amendment Rules 2017 (LI 2017/190).
Service: documents to be served
Heading: inserted, on 1 September 2017, by rule 4 of the Family Proceedings Amendment Rules 2017 (LI 2017/190).
39 Documents to be served
(1)
If no other person is required to do so by either of the Acts or these rules, the Registrar must serve, or cause to be served, without delay, the following documents:
(a)
the documents issued for service under rule 15(5):
(b)
any summons issued under either of the Acts or these rules:
(c)
any other document required to be served under either of the Acts or these rules or that the Judge directs must be served.
(2)
The Registrar may serve, or cause to be served, any other document that he or she considers should be served in any proceedings under the Act.
Rule 39: replaced, on 1 September 2017, by rule 4 of the Family Proceedings Amendment Rules 2017 (LI 2017/190).
Service: how documents to be served
Heading: inserted, on 1 September 2017, by rule 4 of the Family Proceedings Amendment Rules 2017 (LI 2017/190).
40 How documents to be served
(1)
A document required by either of the Acts or these rules to be served on a person in a particular manner must be served on the person in that manner, regardless of rules 41 to 47A.
(2)
A document not required by either of the Acts or these rules to be served on a person in a particular manner may be served on the person by—
(b)
service on a lawyer who accepts the document on behalf of the person (see rule 43); or
(c)
service at the person’s address for service (see rules 44 to 47A); or
(d)
service in a manner and at a place that the court or Registrar directs.
(3)
If all reasonable efforts have been made to serve documents in a manner required or (as the case requires) a manner permitted by these rules, but the documents have not been served in that manner, in certain circumstances a Judge may, under rule 47B, make an order for substituted service (that is, an order dispensing with, or changing, the service required by these rules).
Rule 40: replaced, on 1 September 2017, by rule 4 of the Family Proceedings Amendment Rules 2017 (LI 2017/190).
Service: personal service
Heading: inserted, on 1 September 2017, by rule 4 of the Family Proceedings Amendment Rules 2017 (LI 2017/190).
41 Who may carry out personal service
(1)
A document that must be served personally may be served by—
(a)
a Registrar, a bailiff, or any other employee appointed under the Public Service Act 2020 for the conduct of the business of the court:
(b)
an individual who is authorised by the Secretary for Justice to serve documents under either of the Acts:
(c)
an officer or employee of a corporation that is authorised by the Secretary for Justice to serve documents under either of the Acts:
(d)
a constable:
(e)
a Police employee authorised by the Commissioner of Police to serve documents under either of the Acts:
(f)
a party’s lawyer or an agent of a party’s lawyer:
(g)
a party’s agent, delegate for the purpose, or employee.
(2)
No party may effect personal service, but the party may be present when service is effected.
Rule 41: replaced, on 1 September 2017, by rule 4 of the Family Proceedings Amendment Rules 2017 (LI 2017/190).
Rule 41(1)(a): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).
42 Personal service
Personal service of a document may be effected by leaving the document with the person to be served or, if that person does not accept it, by putting it down in that person’s presence and bringing it to that person’s attention.
Rule 42: replaced, on 1 September 2017, by rule 4 of the Family Proceedings Amendment Rules 2017 (LI 2017/190).
Service: lawyer may accept service on behalf of person
Heading: inserted, on 1 September 2017, by rule 4 of the Family Proceedings Amendment Rules 2017 (LI 2017/190).
43 Service on lawyer accepting service on behalf of person
(1)
Service of a document on a person may be effected by serving it on a lawyer who accepts service of it on behalf of the person.
(2)
A lawyer accepts service of a document if the lawyer—
(a)
notes on a copy of the document that he or she accepts service of it on behalf of the person; and
(b)
signs and dates the note.
(3)
If a lawyer accepts service of a document on behalf of a person, the document must, unless the contrary is proved, be treated as served on the date on which the lawyer signed the note.
Rule 43: replaced, on 1 September 2017, by rule 4 of the Family Proceedings Amendment Rules 2017 (LI 2017/190).
Service: at address for service
Heading: inserted, on 1 September 2017, by rule 4 of the Family Proceedings Amendment Rules 2017 (LI 2017/190).
44 Address for service
(1)
Subject to subclause (2), each party in a proceeding, unless he or she has sooner given his or her address for service in accordance with that subclause, must give an address for service at the end of the first document filed by him or her or on the information sheet filed under rule 18.
(2)
A party (other than the party who is commencing proceedings) may give an address for service by stating it in a notice filed in the court and by serving a copy of the notice on each other party to the proceedings.
(3)
Any address for service may from time to time be altered by reasonable notice to the Registrar and to each other party to the proceedings.
(4)
If a party has no address for service, the Judge or the Registrar may direct that a particular address is the party’s address for service.
(5)
Any person, other than a party to the proceedings, who is given or served with a document in the proceedings must give an address for service at the end of the first document filed by, or on behalf of, that person in the proceedings.
Rule 44: replaced, on 1 September 2017, by rule 4 of the Family Proceedings Amendment Rules 2017 (LI 2017/190).
44A Proof of service of applications on Registrar’s list
[Revoked]Rule 44A: revoked, on 21 October 2002, by rule 21 of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
45 Service at address for service
A document may be served at an address for service by leaving the document at that address between 9 am and 5 pm.
Rule 45: replaced, on 1 September 2017, by rule 4 of the Family Proceedings Amendment Rules 2017 (LI 2017/190).
46 Methods of service if address for service is lawyer’s office
If an address for service given by a party under these rules is the office of a lawyer acting for the party, and the lawyer has a post office box address, a document exchange box number, or an electronic address, a document may be served on the party by—
(a)
posting the document to the post office box; or
(b)
leaving the document at a document exchange for direction to the document exchange box number; or
(c)
transmitting the document to the electronic address.
Rule 46: replaced, on 1 September 2017, by rule 4 of the Family Proceedings Amendment Rules 2017 (LI 2017/190).
47 When and how documents under rule 46 to be treated as served
(1)
A document posted under rule 46(a) must, unless the contrary is proved, be treated as having been served on the earlier of—
(a)
the day on which it was received; and
(b)
the fifth working day after the day on which it was posted.
(2)
A document left at a document exchange under rule 46(b) must, unless the contrary is proved, be treated as having been served on the earlier of—
(a)
the day on which it was received; and
(b)
the second working day after the day on which it was left at the document exchange.
(3)
A document transmitted under rule 46(c)—
(a)
before 5 pm on a day must be treated as having been served on that day unless the contrary is proved:
(b)
on or after 5 pm on a day must be treated as having been served on the first working day after the day on which it was received unless the contrary is proved.
(4)
A document transmitted under rule 46(c) must be treated as having been received in a complete and legible form unless—
(a)
the contrary is proved; or
(b)
the lawyer receiving the document gave in relation to the document the notice required by rule 47A(1)(b).
Rule 47: replaced, on 1 September 2017, by rule 4 of the Family Proceedings Amendment Rules 2017 (LI 2017/190).
47A Lawyer must acknowledge document transmitted electronically
(1)
A lawyer to whom a document is transmitted under rule 46(c) must, promptly after receiving the document, give the person who served the document—
(a)
a notice acknowledging receipt of the document and confirming the date of service of the document; or
(b)
if the document was incomplete or illegible, or both, when it was received, a notice stating that the document was incomplete or illegible, or both, when it was received.
(2)
A notice under subclause (1) may be—
(a)
given in writing; or
(b)
transmitted electronically.
Rule 47A: inserted, on 1 September 2017, by rule 4 of the Family Proceedings Amendment Rules 2017 (LI 2017/190).
Service: substituted service
Heading: inserted, on 1 September 2017, by rule 4 of the Family Proceedings Amendment Rules 2017 (LI 2017/190).
47B Order dispensing with or changing service required
(1)
Subject to section 157 of the Family Proceedings Act 1980, a person may, by an interlocutory application, apply for an order for substituted service if—
(a)
all reasonable efforts have been made to serve a document in a manner required or (as the case requires) in a manner permitted by these rules; and
(b)
the document has not been served in that manner; and
(c)
either—
(i)
prompt service of the document cannot be effected; or
(ii)
the document has come to the knowledge of the person on whom it is to be served.
(2)
In response to the application, the Judge may, if satisfied of the matters specified in subclause (1)(a) to (c), make—
(a)
an order dispensing altogether with the service required; or
(b)
an order for substituted service in form FP 24 that changes, in any way, the service required (for example, an order permitting the document to be brought to the notice of the person to be served using social media, or by advertisement, or by some other means).
(3)
If the court makes an order for substituted service requiring that a document be brought to the notice of the person to be served by an advertisement, the advertisement must be in form FP 25.
Rule 47B: inserted, on 1 September 2017, by rule 4 of the Family Proceedings Amendment Rules 2017 (LI 2017/190).
Service: proof of service
Heading: inserted, on 1 September 2017, by rule 4 of the Family Proceedings Amendment Rules 2017 (LI 2017/190).
47C Proof of personal service
(1)
Proof that a document has been served personally on a person may be given by—
(a)
oral evidence given on oath before the court; or
(b)
an affidavit of service.
(2)
If the person on whom the document was served is personally known to the person who makes the affidavit of service, that affidavit must set out the circumstances that enable the deponent to state the deponent’s personal knowledge of the person served.
(3)
If the person served is not personally known to the person who makes the affidavit of service, the identity of the person served—
(a)
may not be proved by a mere acknowledgement by the person served; but
(b)
may be proved by—
(i)
written acknowledgement proved to be in the handwriting of the person served; or
(ii)
a satisfactory photograph; or
(iii)
any other means satisfactory to the court.
(4)
If a document is served by an officer of the court or a constable or a Police employee, the service may be proved—
(a)
by stating that the document has been served and stating the date and mode of service—
(i)
in an endorsement on the original document, or on a copy of it, signed by the person who served the document; or
(ii)
in a certificate attached to the original document, or on a copy of it, signed by the person who served the document; or
(b)
in either of the ways referred to in subclause (1).
Rule 47C: inserted, on 1 September 2017, by rule 4 of the Family Proceedings Amendment Rules 2017 (LI 2017/190).
47D Proof of substituted service
(1)
Proof that a document has been served (by substituted service) by publishing an advertisement in 1 or more newspapers must be given by an affidavit of advertising in form FP 27.
(2)
The service of a document by substituted service in any other way may be proved—
(a)
on oath before the court; or
(b)
by affidavit; or
(c)
by any other means satisfactory to the Registrar.
Rule 47D: inserted, on 1 September 2017, by rule 4 of the Family Proceedings Amendment Rules 2017 (LI 2017/190).
47E Attaching copy of document to affidavit of service or certificate of service
(1)
An affidavit of service of a document need not have a copy of the document attached to it as an exhibit if—
(a)
the original or a copy of the document has, at the time of service, been filed in the court; and
(b)
the affidavit contains a description of the document that—
(i)
enables the document to be identified; and
(ii)
if the document is dated, includes the date of the document.
(2)
Despite rule 47C(4)(a)(ii), a certificate of service under that rule need not have a copy of the document attached to it if—
(a)
the original or a copy of the document has, at the time of service, been filed in the court; and
(b)
the certificate of service contains a description of the document that—
(i)
enables the document to be identified; and
(ii)
if the document is dated, includes the date of the document.
(3)
The court may direct a party to attach a copy of a document to an affidavit of service or a certificate of service.
(4)
A direction under subclause (3) overrides subclauses (1) and (2).
Rule 47E: inserted, on 1 September 2017, by rule 4 of the Family Proceedings Amendment Rules 2017 (LI 2017/190).
Service of orders
Heading: inserted, on 1 September 2017, by rule 4 of the Family Proceedings Amendment Rules 2017 (LI 2017/190).
47F Service of orders
(1)
The Registrar must, as soon as practicable after the making of any order under either of the Acts, take all reasonable steps to serve a copy of the order on the parties.
(2)
If a party is represented by a lawyer, service of a copy of the order on his or her lawyer is deemed to be service on that party.
(3)
If any party is not represented by a lawyer, service may be effected by—
(a)
sending a copy of the order to the party’s address for service; or
(b)
transmitting the order to the party’s last known electronic address.
(4)
If service cannot be effected under subclause (3) because no address for service or electronic address has been given by the party, and the party resides in New Zealand, service may be effected by sending a copy of the order by a letter that is—
(a)
addressed to that party at the party’s last known or usual place of residence or business in New Zealand; and
(b)
delivered to that address by a postal or courier service that records details of delivery to the address.
(5)
If service cannot be effected under subclause (3) because no address for service or electronic address has been given by the party, and the party resides overseas, service may be effected by sending a copy of the order by a letter that is—
(a)
addressed to the party at that party’s last known or usual place of residence or business overseas; and
(b)
sent to that address by airmail.
Rule 47F: inserted, on 1 September 2017, by rule 4 of the Family Proceedings Amendment Rules 2017 (LI 2017/190).
Part 7 Particulars and discovery
48 Further particulars
(1)
If either party requires further particulars, he or she may, at any time before the hearing give notice to the other party requiring him or her, within 7 days after service of the notice, to file and serve such further particulars as the party giving the notice specifies, being particulars that suffice to ensure that the court and the party giving the notice are fully and fairly informed of the matters relied on by the party to whom the notice is given.
(2)
Notwithstanding anything in subclause (1), a Judge may at any time order any party to file and serve—
(a)
where the proceedings include an application for maintenance, a statutory declaration in form FP 21:
(b)
a statement of such particulars as may suffice to ensure that the court and the opposite party are fully and fairly informed of the matters relied on by the party so ordered.
(3)
If any party fails to comply with any such notice or order, the following provisions shall apply:
(a)
if the party failing to comply with the order is the applicant in the proceedings, the court may order the proceedings to be dismissed or stayed until the order is complied with:
(b)
if the party failing to comply with the order is the respondent, the court may order—
(i)
that the respondent be deemed to have admitted those particulars in the application or notice of defence to which the order for further particulars applies; or
(ii)
that the respondent be allowed to defend the application only on such terms as the court thinks fit.
Compare: SR 1964/181 r 35; SR 1969/262 r 33; SR 1981/259 r 113(6)–(8)
49 Discovery of documents
(1)
Where a notice of defence has been filed, any party may apply to the court for an order for discovery on oath of the documents which are or have been in the possession or power of the other party relating to any matter in question in the proceedings. The application shall be accompanied by an affidavit specifying the extent of the discovery required and the reasons for the discovery.
(2)
The order shall be in form FP 28 and shall be served by the applicant on the party against whom it is issued.
(3)
A party against whom an order for discovery is issued shall, within 7 days after the service of the order, or within such further time as the court, on application, may order,—
(a)
file an affidavit in form FP 29; and
(b)
serve a copy of that affidavit on the party who applied for the order.
Compare: SR 1964/181 r 68(a); SR 1981/259 r 155
Part 8 Amendment
50 Amendment before service
The Registrar may, on the request in writing of the applicant at any time before the service of the application, amend any application.
Compare: SR 1969/262 r 34
51 Amending proceedings
The court may, either upon or without the application of either party and at any stage of the proceedings,—
(a)
amend any defect or error in any proceedings, whether the defect or error is that of the party applying to amend or not; or
(b)
amend the name, address, or occupation of either of the parties as set out in any document in the proceedings,—
and all such amendments as may be necessary for the purpose of determining the real question in dispute between the parties may be made, and the proceedings shall continue in all respects as if they had been commenced in the form in which they appear after the amendment has been made.
Compare: SR 1964/181 r 31; SR 1969/262 r 35
52 Amendment of application or notice of defence
(1)
An applicant may file and serve an amended application and a respondent may file and serve an amended notice of defence—
(a)
without an order, at any time before the application has been set down for hearing; or
(b)
with the leave of the court, at any time before the hearing.
(2)
When an application or notice of defence is amended, the court may, at the hearing, adjourn the hearing for such time and on such terms as may be just.
Compare: SR 1964/181 rr 31–34; SR 1969/262 r 36
53 Clerical mistakes and slips
Clerical mistakes in judgments or orders, or errors arising therein from any accidental slip or omission, may at any time be corrected by the court or a Judge or a Registrar.
Compare: SR 1969/262 r 37
54 Joinder of other parent
[Revoked]Rule 54: revoked, on 21 October 2002, by rule 23 of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Part 9 Applications and directions in the course of proceedings
55 General procedure
(1)
Where by either of the Acts or by these rules any application in the course of any proceedings is expressly or by implication authorised to be made to the court or to the Judge or to the Registrar, then, subject to the provisions of the particular section of the Act or rule applicable thereto, the following provisions shall apply:
(a)
the application may be made either in court or in chambers and either ex parte or on notice:
(b)
if made ex parte, the application shall be in form FP 20, and the provisions of subclauses (2) and (6) of rule 16 shall apply with any necessary modifications:
(c)
if made on notice, the application shall be filed in the District Court and served on the opposite party not later than 3 clear days before the time appointed for the hearing of the application, unless the Judge or Registrar dispenses with notice or gives leave for shorter notice:
(d)
no affidavit shall be necessary in the first instance, but the Judge or Registrar may direct evidence to be adduced in such manner as the Judge or Registrar thinks fit:
(e)
upon the hearing of the application, the Judge or Registrar may make such order as the Judge or Registrar thinks fit:
(f)
if the Registrar has power to hear and determine the application, the applicant shall, unless the Judge otherwise orders, make the application to the Registrar in the first instance:
(g)
where the application is made to the Registrar, the Registrar may, if in doubt as to the proper order to be made, refer the application to the Judge forthwith or at the next convenient opportunity and the Judge may hear the application and make such orders as the Judge thinks fit:
(h)
the costs of interlocutory applications shall be in the discretion of the court, and if allowed shall be costs in the proceedings unless the Judge or Registrar otherwise orders:
(i)
where the Registrar has made an order to which this rule applies, any party who is dissatisfied therewith may apply to the Judge on notice to vary or rescind the order, and on hearing the application the Judge may vary or rescind the order and may make such order as he or she thinks fit:
(j)
the application need not be heard by the Judge before whom other applications in the same proceedings are pending:
(k)
if the Registrar is satisfied that by reason of the absence of the Judge any application can be more expeditiously heard and determined in some other court, he or she may, of his or her own motion or on the request of either party, order that the application be transferred for hearing to that court, and the provisions of rule 37(2) shall apply to the transfer.
(2)
The jurisdiction of the court to hear any application in the course of proceedings may be exercised by the Registrar, unless there is provision to the contrary in either of the Acts or these rules.
Compare: SR 1969/262 r 39
56 Enlargement or abridgement of time
(1)
Subject to these rules, any of the times fixed by these rules for—
(a)
taking any steps in any proceedings; or
(b)
filing any document; or
(c)
giving or serving any notice—
may be enlarged or abridged by consent of both parties or by the court on the application of either party.
(2)
An order enlarging time may be made although the application for the order is not made until after the expiration of time allowed or appointed.
(3)
An order enlarging or abridging time may be varied by the court on the application of either party.
(4)
No order enlarging time may be made where it appears that the application for the order was made with the principal object of delaying the proceedings to the detriment of the other party.
Compare: SR 1964/181 r 56; SR 1969/262 r 41
Part 10 Status of marriage
[Revoked]Part 10: revoked, on 21 October 2002, by rule 24 of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
57 Intervention
[Revoked]Rule 57: revoked, on 21 October 2002, by rule 24 of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
58 Order dissolving a marriage
[Revoked]Rule 58: revoked, on 21 October 2002, by rule 24 of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Part 11 Registration of maintenance agreements
[Revoked]Part 11: revoked, on 1 July 1995, by rule 18 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
59 Registration of maintenance agreements
[Revoked]Rule 59: revoked, on 1 July 1995, by rule 18 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Part 12 Overseas maintenance orders
60 Registration of orders made in Commonwealth or designated countries
(1)
Registration under section 136 of the Family Proceedings Act 1980 of a certified copy of an order shall be effected by the entry of the particulars thereof in the Family Proceedings Records of the court.
(2)
The Registrar shall—
(a)
enter the particulars in the same manner as if the order had been made by the Family Court which is a division of the District Court in which the order is registered; and
(b)
under the entry and on the copy of the order shall endorse and sign the following minute:
“Registered in the District Court at [place] on [date of registration] pursuant to section 136 of the Family Proceedings Act 1980.”
Compare: SR 1969/262 rr 43, 44
61 Notice of registration orders made in Commonwealth or designated countries
(1)
The Registrar of the court in which an order is registered under section 136 of the Family Proceedings Act 1980 shall cause notice of the registration in form FP 34 to be served on the respondent.
(2)
The failure to serve any such notice shall not affect the validity of the registration or any proceedings in relation to the order.
Compare: SR 1969/262 rr 45, 46
62 Provisional orders for confirmation overseas
(1)
Where a provisional order is made under section 147 of the Family Proceedings Act 1980, the order shall be drawn up in form FP 35.
(2)
The statement under section 147(6)(c) of the Family Proceedings Act 1980 of the grounds on which the making of the order might have been opposed may be in the form of a certificate signed by the Judge hearing the application.
Compare: SR 1969/262 rr 47, 48
63 Summons and warrant on application for confirmation of provisional order
(1)
The summons to be issued under section 138(3)(a) or section 139(3) of the Family Proceedings Act 1980 shall be in form FP 36.
(2)
The warrant for the arrest of a respondent to be issued under section 138(3)(b) of the Family Proceedings Act 1980 shall be in form FP 37.
Compare: SR 1969/262 rr 49, 50
64 Summons and warrant on application by resident of Convention country
(1)
The summons to be issued under section 145J(1)(b) of the Family Proceedings Act 1980 shall be in form FP 38.
(2)
The warrant for the arrest of a respondent to be issued under section 145J(2) of the Family Proceedings Act 1980 shall be in form FP 39.
Rule 64(1): amended, on 1 July 1995, by rule 19(1) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Rule 64(2): amended, on 1 July 1995, by rule 19(2) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
65 Confirmation of provisional order
If under section 138 or section 139 of the Family Proceedings Act 1980 the provisional order is confirmed, the order to that effect shall be in form FP 40.
Compare: SR 1969/262 r 51
66 Order on application for confirmation of provisional order
(1)
When the court has heard the application for confirmation of any provisional order under section 138 or section 139 of the Family Proceedings Act 1980, the Registrar shall send to the court which made the provisional order—
(a)
where that order has been confirmed (with or without modification) a copy of the confirming order; or
(b)
in any other case, a copy of the decision.
(2)
If the order has been confirmed (with or without modification) the copy of the confirming order shall be accompanied by a copy of any order for the payment of a sum for past maintenance pursuant to section 138(9) of the Family Proceedings Act 1980.
(3)
A decision that the order be not confirmed shall give the reasons for the decision.
(4)
If the decision is that the case be remitted for the taking of further evidence, a notice setting out the matters upon which further evidence is required shall be sent to the court that made the provisional order.
Compare: SR 1969/262 r 52
67 Payments under registered or confirmed order
All payments due under any order registered or confirmed under the Family Proceedings Act 1980, except an order confirmed under section 139 of that Act, shall, unless the person to whom any money is payable in accordance with the order otherwise elects under section 70 of the Child Support Act 1991, be paid to the Commissioner of Inland Revenue in accordance with the Child Support Act 1991.
Rule 67: replaced, on 1 July 1995, by rule 20 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Part 13 Evidence
68 Order for production of documents
(1)
The court may at any stage of the proceedings order the production by any party thereto of any documents in his or her possession, custody, or power relating to any question in the proceedings, and the court may deal with the documents when produced in such manner as may be just.
(2)
If any party fails to comply with an order made under subclause (1), the following provisions shall apply:
(a)
if the party failing to comply with the order is the applicant, the court may order the proceedings to be dismissed or stayed until the order is complied with:
(b)
if the party failing to comply with the order is a respondent the court may order that he or she be allowed to defend only on such terms as the court thinks fit.
Compare: SR 1969/262 r 59; SR 1981/259 rr 161, 162
69 Powers of Judge or Registrar not suspended by examination of witnesses out of court
The pendency of any examination under rule 378 of the District Courts Rules, as applied to proceedings to which these rules apply, shall not suspend or prevent the exercise by any Judge or Registrar of any power or jurisdiction which he or she would otherwise possess in respect of the application.
Compare: SR 1969/262 r 58
Rule 69: amended, on 1 July 1995, by rule 21 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
70 Taking evidence outside New Zealand
Subject to section 150 of the Family Proceedings Act 1980, where in any proceedings under either of the Acts, the evidence of any person is to be taken outside New Zealand, that evidence may be taken in accordance with the rules of the High Court of New Zealand for the time being governing the examination of witnesses out of New Zealand.
Compare: SR 1969/262 r 54
Part 14 Miscellaneous provisions
71 Court and chambers
(1)
The court may, for the purpose of doing justice between the parties and any other persons likely to be affected by the proceedings, from time to time adjourn the hearing of any proceedings from court to chambers and from chambers to court.
(2)
In any proceedings in which the Judge is required, or desires, to ascertain the wishes of any child, he or she may order that any party to the proceedings and the barristers or solicitors for any party or for the child be excluded from the hearing for so long as may be necessary for such ascertainment or may otherwise direct when and where he or she will ascertain the wishes of the child.
Compare: SR 1969/262 r 60
72 Order of priority of distress warrants
[Revoked]Rule 72: revoked, on 1 July 1995, by rule 22 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
73 Powers of Registrar
(1)
Where the Registrar is authorised under these rules to hear and determine any proceedings or to exercise any other jurisdiction, he or she shall, within the limits of that authority and subject to any right of review by a Judge under these rules, have all the powers of a Judge; and any order by the Registrar under these rules shall have the same effect, and be enforceable in the same manner, as if it were an order of a Judge.
(2)
Nothing in this rule shall authorise the Registrar to commit any person to a prison or to enforce any order by committal.
(3)
Any order made by a Judge may be signed by the Registrar in his or her own name and description.
Compare: SR 1969/262 r 63; SR 1981/259 r 333
Rule 73(1): amended, on 1 July 1995, by rule 23 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Rule 73(2): amended, on 1 July 2005, by rule 7 of the Family Proceedings Amendment Rules 2005 (SR 2005/100).
74 Procedure on arrest of respondent other than in respect of an offence
(1)
Where a respondent is arrested and brought before the court on a warrant issued other than in respect of an offence, subclauses (2) to (8) shall apply.
(2)
The court before whom the respondent is brought may adjourn the hearing to a time and place to be appointed, and may thereupon—
(a)
allow the respondent to go at large; or
(b)
grant him or her bail on such conditions, and either in his or her own recognisance or with such number of sureties as the court in its discretion sees fit, and for such amount, as the court considers proper in all the circumstances; or
(c)
if it is of the opinion that the attendance of the respondent at the hearing is necessary in the interests of justice and that the respondent is unlikely to appear at the hearing, or may attempt to leave New Zealand with intent to defeat the course of justice, remand the respondent in custody for any period not exceeding 8 days unless the respondent consents to a longer period of remand.
(3)
Any such adjournment, bail, or remand may be extended or renewed from time to time by the court until the proceeding in respect of which the warrant was issued is finally disposed of by the court.
(4)
Where a respondent is remanded in custody without bail being granted, or where the respondent is granted bail but the bond is not entered into immediately, the Registrar shall issue a warrant in form FP 41. Where bail has been granted, he or she shall certify on such warrant the terms of the bail.
(5)
A bond to be taken under subclause (2) shall be in form FP 42 and may be entered into before any Judge or Registrar. It shall not be necessary for all parties to be present at the same time or at the same place, and more than 1 form of bond may be signed. The Registrar of the court shall give to the parties entering into any such bond notice of its terms.
(6)
Where all the parties to a bond have entered into it, then, if a warrant has been issued under subclause (4), a warrant of deliverance in form FP 43 may be issued by any Judge or Registrar who knows that all the parties to the bond have entered into it and the warrant may be sent to the manager of the prison in which the respondent is detained.
(7)
Where—
(a)
any respondent who is allowed to go at large fails to attend at the time and place to which the hearing has been adjourned; or
(b)
any respondent who is released on bail fails to attend personally at the time and place specified in the bond or fails to comply with any condition fixed in the bond—
any Judge may issue a warrant to arrest the respondent and bring him or her before a court.
(8)
If a respondent who has been released on bail fails to comply with the bond, section 39 of the Bail Act 2000, as far as it is applicable and with the necessary modifications, shall apply.
Compare: SR 1969/262 r 64
Rule 74(1): amended, on 1 July 1995, by rule 24 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Rule 74(6): amended, on 1 July 2005, by rule 8 of the Family Proceedings Amendment Rules 2005 (SR 2005/100).
Rule 74(8): amended, on 1 July 2013, by rule 4 of the Family Proceedings Amendment Rules 2013 (SR 2013/182).
75 Bond by receiver
[Revoked]Rule 75: revoked, on 1 July 1995, by rule 25 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
76 Notification of variation of maintenance order
[Revoked]Rule 76: revoked, on 21 October 2002, by rule 25 of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
76A Notification of Commissioner of Inland Revenue
The Registrar shall send to the Commissioner of Inland Revenue a certified or sealed copy of—
(a)
every maintenance order or interim maintenance order that—
(i)
is made under Part 6 of the Family Proceedings Act 1980; and
(ii)
is made on or after the date of commencement of this rule; and
(iii)
provides for payments to be made at an annual rate of not less than $520:
(b)
every maintenance order made against any person by any court in a Commonwealth or designated country that is on or after the date of commencement of this rule—
(i)
registered in accordance with rule 60; or
(ii)
confirmed in New Zealand under the Family Proceedings Act 1980 (other than an order confirmed under section 139 of that Act):
(c)
every order made under section 78 or section 81 of the Family Proceedings Act 1980 on or after the date of commencement of this rule:
(d)
every order made under Part 6 or Part 8 of the Family Proceedings Act 1980 on or after the date of commencement of this rule in respect of an application under section 145 of that Act.
Rule 76A: inserted, on 1 July 1995, by rule 26 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
77 Witness entitled to expenses
Every witness attending a court upon a witness summons, and every other person giving evidence in the course of the proceedings, shall be entitled as against the party calling him or her to a sum for his or her fees, allowances, and travelling expenses in accordance with the Witnesses and Interpreters Fees, Allowances, and Expenses Regulations 2023:
provided that the court may, on application, disallow the whole or any part of that sum.
Rule 77: amended, on 1 May 2023, by regulation 16(1) of the Witnesses and Interpreters Fees, Allowances, and Expenses Regulations 2023 (SL 2023/18).
78 Revocations
(1)
The rules and orders specified in Schedule 3 are hereby revoked.
(2)
The rules specified in Schedule 4 cease to have effect on 1 October 1981 by virtue of the repeal on that date of the Matrimonial Proceedings Act 1963 by section 189(1) of the Family Proceedings Act 1980.
79 General transitional provision
(1)
All proceedings that have been commenced under Part 2 or Part 4 of the Matrimonial Proceedings Act 1963 and are pending at the commencement of these rules may be continued, completed, and enforced under the Matrimonial Proceedings Rules 1964 as if those rules were still in force.
(2)
Subclause (3) shall apply in respect of all proceedings (not being criminal proceedings)—
(a)
which have been commenced under—
(i)
any provision of the Matrimonial Proceedings Act 1963 (other than a provision of Part 2 or Part 4 of that Act); or
(ii)
any provision of the Domestic Proceedings Act 1968; and
(b)
which are pending at the commencement of these rules.
(3)
Proceedings specified in subclause (2) may be continued, completed, and enforced—
(a)
if the hearing of those proceedings has not commenced before 1 October 1981, under these rules; and
(b)
if the hearing of those proceedings has commenced before 1 October 1981, as if the Family Proceedings Act 1980 had not been passed and as if the Domestic Proceedings Rules 1969 and the Matrimonial Proceedings Rules 1964 were still in force.
(4)
The Domestic Proceedings Rules 1969 or the Matrimonial Proceedings Rules 1964, as the case may be, shall apply to every application (being an application for variation of a maintenance order) made, pursuant to section 192(5) of the Family Proceedings Act 1980, under section 47 of the Matrimonial Proceedings Act 1963 or under section 85 of the Domestic Proceedings Act 1968 as if those rules were still in force.
80 Transitional provision in respect of place of payment of maintenance
(1)
Where any money payable under a maintenance order made before 1 October 1981 is directed by the order to be paid to a Maintenance Officer at a specified place, either the person for whose maintenance the money is payable under the order or the person against whom the order was made may request the Registrar of the court to vary the order by directing that the payments shall thereafter be made to a Maintenance Officer at any office of the department that is, with the authority of the Prime Minister, for the time being responsible for the administration of the Social Security Act 2018, or in some other manner specified by section 93(2) of the Family Proceedings Act 1980.
(2)
A Registrar to whom a request is made under subclause (1) may vary the maintenance order accordingly.
(3)
Where a Registrar decides to vary a maintenance order under this rule, he or she shall endorse and sign a memorandum of his or her decision and of the date of the decision on a copy of the maintenance order, and the maintenance order shall be deemed to be varied accordingly.
(4)
A party who is affected by a decision of a Registrar under this rule may apply to any Judge to vary or rescind the decision, and on hearing the application the Judge may confirm, vary, or rescind the decision.
Rule 80(1): amended, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).
Rule 80(1): amended (with effect on 1 October 2001), on 2 August 2003, by section 12(1) of the State Sector Amendment Act 2003 (2003 No 41).
Part 15 Enforcement of maintenance pursuant to section 259 of the Child Support Act 1991
Part 15: inserted, on 1 July 1995, by rule 27 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
81 Provisions applying to enforcement pursuant to section 259 of Child Support Act 1991
The provisions of these rules, as supplemented or modified by the provisions of this Part, shall apply in respect of the enforcement, pursuant to section 259 of the Child Support Act 1991, of the liability of any person to pay maintenance under the Family Proceedings Act 1980 which is due but unpaid at the close of 30 June 1992.
Rule 81: inserted, on 1 July 1995, by rule 27 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
82 Ex parte applications
(1)
An order may be made, or, as the case may be, a warrant may be issued, on an ex parte application under the following sections of the Family Proceedings Act 1980:
(a)
section 109 (variation, suspension, or discharge of attachment order):
(b)
section 114 (variation or discharge of deduction notice):
(c)
section 118 (charging order):
(d)
section 121 (receiving order, where a copy of the charging order has been served on the respondent):
(e)
section 134 (arrest of absconding respondent).
(2)
An ex parte application under section 134 of the Family Proceedings Act 1980 shall be in form FP 62.
Rule 82: inserted, on 1 July 1995, by rule 27 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
83 Order of priority of warrants to seize property
(1)
The Registrar shall note on any request for the issue of a warrant to seize property the precise time of the request.
(2)
Any warrant to seize property issued shall bear an endorsement by the Registrar of the precise time of the request.
(3)
Where more than 1 warrant to seize property is issued against the same person, the warrants shall be executed in the order of the times noted under subclause (1).
(4)
Any warrant issued under section 103 of the Family Proceedings Act 1980 shall rank in order of priority with any warrant to seize property issued under the District Courts Rules.
Rule 83: inserted, on 1 July 1995, by rule 27 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Rule 83 heading: replaced, on 14 April 2014, by rule 4(1) of the Family Proceedings Amendment Rules (No 2) 2013 (SR 2013/415).
Rule 83(1): amended, on 14 April 2014, by rule 4(2) of the Family Proceedings Amendment Rules (No 2) 2013 (SR 2013/415).
Rule 83(2): amended, on 14 April 2014, by rule 4(2) of the Family Proceedings Amendment Rules (No 2) 2013 (SR 2013/415).
Rule 83(3): amended, on 14 April 2014, by rule 4(2) of the Family Proceedings Amendment Rules (No 2) 2013 (SR 2013/415).
Rule 83(4): amended, on 14 April 2014, by rule 4(2) of the Family Proceedings Amendment Rules (No 2) 2013 (SR 2013/415).
84 Procedure on arrest of respondent other than in respect of an offence
In its application to the enforcement, pursuant to section 259 of the Child Support Act 1991, of the liability of any person to pay maintenance under the Family Proceedings Act 1980 which is due but unpaid at the close of 30 June 1992, rule 74 applies subject to sections 127(3) and 128(6) of the Family Proceedings Act 1980.
Rule 84: inserted, on 1 July 1995, by rule 27 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
85 Bond by receiver
Where pursuant to section 121 of the Family Proceedings Act 1980 any person other than Public Trust or the Māori Trustee or a trustee company within the meaning of the Trustee Companies Act 1967 is appointed to be a receiver of any property to which the respondent is entitled, he or she shall, before acting as receiver, give security to the satisfaction of the Registrar for the due administration of his or her receivership.
Rule 85: inserted, on 1 July 1995, by rule 27 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Rule 85: amended, on 1 March 2002, pursuant to section 152(1) of the Public Trust Act 2001 (2001 No 100).
Schedule 1 Forms
General forms
Heading: inserted, on 1 July 1995, pursuant to rule 28 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Form FP 1 Request for counselling in respect of a marriage
[Revoked]Schedule 1 form FP 1: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Form FP 2 Notice to respondent of reference to counselling
[Revoked]Schedule 1 form FP 2: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Form FP 3 Report of counsellor
[Revoked]Schedule 1 form FP 3: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Form FP 4 Notice to respondent of resumption of proceedings
[Revoked]Schedule 1 form FP 4: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Form FP 5 Summons to party to attend counselling or mediation conference
[Revoked]Schedule 1 form FP 5: revoked, on 1 May 2014, by rule 5(1) of the Family Proceedings Amendment Rules 2014 (LI 2014/85).
Form FP 6 General heading to proceedings
(Where not otherwise provided in these rules)
FP No:
In the District Court at [place of court]
Applicant
[Give full name, address, and occupation]
Respondent
[Give full name, address, and occupation]
Form FP 7 Information sheet to accompany certain applications (including certain ex parte applications)
rr 14(3)(b), 15(1)(b), 15(5)(b), 18(1)
FP No:
In the District Court at [place of court]
This information sheet accompanies applications for the following order(s):
1. |
4. |
2. |
5. |
3. |
6. |
By [applicant’s full name], [occupation], [age in years at date of application]
*Home address:
*Work address:
*Contact telephone number(s): [*home], [*work]
*Country of residence:
Ethnic origin:
Languages spoken:
| *The applicant may delete these items from the copies to be served. |
Full name of other party (or other applicant [in the case of a joint application] and any associated respondent [in the case of an application under the Family Violence Act 2018]):
Relationship, if any, to applicant or other applicant:
Occupation:
Date of birth, if known, or age in years at date of application:
*Home address:
*Work address:
*Contact telephone number(s): [*home], [*work]
*Country of residence:
Ethnic origin:
Languages spoken:
[Complete this section if the applicant and respondent are married to each other or if joint applicants are married to each other.]
Date of marriage:
Place of marriage:
Children affected by the application: [if none, write “none”
on line 1]
| Full name of each child | Age at application | Date of birth | Name of person with whom each child is living at the time of application, and the relationship (if any) of that person to the child |
| . | . | . | . |
| . | . | . | . |
| . | . | . | . |
The accompanying applications are filed by [specify] whose address for service is at [address].
Previous applications: [give the file number of any previous applications between the parties, and the courts where they were filed].
For court use:
Date stamp:
Schedule 1 form FP 7 heading: amended, on 1 July 2019, by rule 4(a) of the Family Proceedings (Family Violence) Amendment Rules 2019 (LI 2019/95).
Schedule 1 form FP 7: amended, on 1 July 2019, by rule 4(b) of the Family Proceedings (Family Violence) Amendment Rules 2019 (LI 2019/95).
Schedule 1 form FP 7: amended, on 1 July 1996, by rule 3(a) of the Family Proceedings Rules 1981, Amendment No 2 (SR 1996/151).
Schedule 1 form FP 7: amended, on 1 July 1996, by rule 3(b) of the Family Proceedings Rules 1981, Amendment No 2 (SR 1996/151).
Schedule 1 form FP 7: amended, on 1 July 1996, by rule 3(c) of the Family Proceedings Rules 1981, Amendment No 2 (SR 1996/151).
Form FP 8 Application for separation order
[Revoked]Schedule 1 form FP 8: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Form FP 9 Application for declaration as to validity of marriage
[Revoked]Schedule 1 form FP 9: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Form FP 10 Application for order declaring marriage to be void ab initio
[Revoked]Schedule 1 form FP 10: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Form FP 11 Application for declaration of presumption of death and order dissolving marriage
[Revoked]Schedule 1 form FP 11: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Form FP 12 Application by one party for order dissolving a marriage
[Revoked]Schedule 1 form FP 12: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Form FP 13 Joint application for order dissolving a marriage
[Revoked]Schedule 1 form FP 13: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Form FP 14 Application for paternity order
[Revoked]Schedule 1 form FP 14: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Form FP 15 Application on notice
(General heading—Form FP 6)
I, [full name], apply for an order [state precisely the nature of the order sought] on the following grounds:
[State the grounds on which the application is made, referring to the Act or rule relied on and following closely the wording of the Act or rule].
I say:
[Set out sufficient information to inform the court of the facts relied on in support of the application].
Signature of applicant:
Date:
To the Registrar
District Court
[Place of court]
and
To the respondent
This application is filed by [specify], whose address for service is at [specify]
Date of hearing
*I hereby appoint [date] at [time] at the District Court at [place] for the hearing of the above application.
| *Delete if not applicable. |
Registrar:
Date:
Notes
Advice
If you need help, consult a lawyer or contact a District Court office immediately.
Office hours
The office of the District Court is open from [time] to [time] on Mondays to Fridays inclusive.
Information sheet
Schedule 1 form FP 15 heading: amended, on 1 July 2005, by rule 11(a) of the Family Proceedings Amendment Rules 2005 (SR 2005/100).
Schedule 1 form FP 15: amended, on 1 May 2014, by rule 5(2) of the Family Proceedings Amendment Rules 2014 (LI 2014/85).
Form FP 15A Affidavit to accompany application by one party for order dissolving a marriage
[Revoked]Schedule 1 form FP 15A: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Form FP 15B Affidavit to accompany joint application for order dissolving a marriage
[Revoked]Schedule 1 form FP 15B: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Form FP 16 Notice to respondent of application under Family Proceedings Act 1980 or Care of Children Act 2004
rr 15(5)(c), 23(2)(f), 23(5)(c), 54(1)(a)
FP No:
In the District Court at [place of court]
To [name and address of respondent]
An application (see the attached copy) has been filed in this court by [full name]. The order or orders sought by the applicant are specified in the application.
*Interim maintenance order
*On [date] at [time] at [place] there will be a hearing to decide whether interim maintenance should be paid.
*If you do not appear at this hearing, the court may make an interim maintenance order in your absence.
| *Include these paragraphs only where a maintenance order is applied for. |
Notice of defence
If you wish to defend the application, you must, within 21 days after the date on which you receive this notice,—
(a)
file a notice of defence in this office of the court; and
(b)
serve a copy of the notice of defence on the other party to the proceedings. That copy may be delivered to the address for service given by the applicant.
You should note that if you do not file and serve a notice of defence within that time you may not be able to defend the application. On the day of the hearing of the application, should you appear, the Judge may—
(a)
allow you to take part in the hearing of the application only on such terms as the Judge thinks fit; or
(b)
decline to allow you to take part.
You should also note that the Judge may make an order against you for costs properly incurred as a consequence of your failure to file and serve a notice of defence within time.
If you do not file and serve a notice of defence, the case may proceed without further notice to you.
A lawyer will prepare a notice of defence for you. If you want a lawyer but think you cannot afford one, you should contact an office of the District Court immediately. You may also see a specimen form of the notice of defence at any office of the District Court.
Address for service
If you do not wish to defend the application but you do wish to know what is happening, you should—
(a)
file in this office of the court a notice giving the address of a place in New Zealand at which documents can be left for you; and
(b)
serve a copy of the notice on the other party to the proceedings. That copy may be delivered to the address for service given by the applicant.
Liability as a witness
Even if you take no action, the court may summon you as a witness to help it deal with the application.
Copies of orders
You will get a copy of any orders made against you. However, any order will probably be in force from the time it is made. The fact that you have not got a copy of the order will not be an excuse for not obeying it.
Advice
If you need help, consult a lawyer or contact a District Court office immediately.
Office hours
The office of the District Court is open from [time] to [time] on Mondays to Fridays inclusive.
Registrar:
Date:
Schedule 1 form FP 16: replaced, on 1 July 1995, by rule 30(d) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Schedule 1 form FP 16 heading: amended, on 1 July 2005, by rule 11(b) of the Family Proceedings Amendment Rules 2005 (SR 2005/100).
Schedule 1 form FP 16: amended, on 3 August 2009, by rule 5(1) of the Family Proceedings Amendment Rules 2009 (SR 2009/190).
Schedule 1 form FP 16: amended, on 21 October 2002, by rule 26(2)(a) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Schedule 1 form FP 16: amended, on 21 October 2002, by rule 26(2)(b) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Schedule 1 form FP 16: amended, on 21 October 2002, by rule 26(2)(c) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Schedule 1 form FP 16: amended, on 21 October 2002, by rule 26(2)(d) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Form FP 17 Notice to respondent residing outside New Zealand of application under Family Proceedings Act 1980 or Care of Children Act 2004
rr 15(5)(c), 23(2)(f), 23(5)(c)
FP No:
In the District Court at [place of court]
To [name and address of respondent]
An application (see the attached copy) has been filed in this court by [full name]. The order or orders sought by the applicant are described in the application.
Jurisdiction of court
The court may make an order for [specify] where [set out bases for jurisdiction in respect of each order sought following closely the relevant provisions of the Family Proceedings Act 1980 or of the Care of Children Act 2004 or of both].
Notice of defence
If you wish to defend the application or be heard on it you should, either directly or through a lawyer in the place where you are, send authority to a lawyer in New Zealand, by air mail, instructing him or her to act for you. If you wish to defend the application, you must, within [specify] days of receiving this notice,—
(a)
file a notice of defence in this office of the court; and
(b)
serve a copy of the notice of defence on the other party to the proceedings. That copy may be delivered to the address for service given by the applicant.
You should note that if you do not file and serve a notice of defence within that time you may not be able to defend the application. On the day of the hearing of the application, should you appear, the Judge may—
(a)
allow you to take part in the hearing of the application only on such terms as the Judge thinks fit; or
(b)
decline to allow you to take part.
You should also note that the Judge may make an order against you for costs properly incurred as a consequence of your failure to file and serve a notice of defence within time.
If you do not file and serve a notice of defence, the case may proceed without further notice to you.
Address for service
If you do not wish to defend the application but you do wish to know what is happening, you should—
(a)
file in this office of the court a notice giving the address of a place in New Zealand at which documents can be left for you; and
(b)
serve a copy of the notice on the other party to the proceedings. That copy may be delivered to the address for service given by the applicant.
Copies of orders
You will get a copy of any orders made against you. However, any order will probably be in force from the time it is made. The fact that you have not got a copy of the order will not be an excuse for not obeying it.
Warning [To be included if an order for dissolution of marriage is sought.]
If you are not domiciled in New Zealand you are warned that a dissolution of marriage granted on the application of your marriage partner may not be recognised as valid outside New Zealand. The dissolution will be valid for all purposes within New Zealand.
If you wish to marry again in a country outside New Zealand, you should take legal advice on whether you are legally free to do so.
Advice
If you need help, consult a lawyer in the place where you are immediately. If you intend to employ a lawyer in New Zealand, you should ask about your eligibility for legal aid in this country.
Registrar:
Date:
Schedule 1 form FP 17: amended, on 3 August 2009, by rule 5(2) of the Family Proceedings Amendment Rules 2009 (SR 2009/190).
Schedule 1 form FP 17 heading: amended, on 1 July 2005, by rule 11(c) of the Family Proceedings Amendment Rules 2005 (SR 2005/100).
Schedule 1 form FP 17: amended, on 1 July 2005, by rule 11(d) of the Family Proceedings Amendment Rules 2005 (SR 2005/100).
Schedule 1 form FP 17: amended, on 21 October 2002, by rule 26(3)(a) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Schedule 1 form FP 17: amended, on 21 October 2002, by rule 26(3)(b) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Schedule 1 form FP 17: amended, on 21 October 2002, by rule 26(3)(c) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Schedule 1 form FP 17: amended, on 21 October 2002, by rule 26(3)(d) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Schedule 1 form FP 17: amended, on 1 July 1995, by rule 31 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Form FP 18 Request (and ex parte application) to dispense with reference to counselling
[Revoked]rr 16(1)(a)(i), (3), 23(2), (3)
Schedule 1 form FP 18: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Form FP 19 Ex parte application for issue of warrant for arrest of respondent
[Revoked]Schedule 1 form FP 19: revoked, on 1 July 1995, by rule 29 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Form FP 20 Ex parte application
(General heading—Form FP 6)
I, [full name], apply ex parte for an order [state precisely the nature of the order sought] on the following grounds:
[State the grounds on which the application is made, referring to the Act or rule relied on and following closely the wording of the Act or rule].
I say:
[Set out sufficient information to inform the court of the facts relied on in support of the application].
Signature of applicant:
Date:
To the Registrar
District Court
[Place of court]
This application is filed by [specify], whose address for service is at [specify].
[In cases where an appearance is necessary or required, the Registrar is to complete the following appointment for hearing]:
Date of hearing
I hereby appoint [date] at [time] at the District Court at [place] for the hearing of the above application.
Registrar:
Date:
Form FP 21 Declaration of financial means and their sources
(General heading—Form FP 6)
I, [full name], of [insert place of abode and occupation] solemnly and sincerely declare that my financial means and their sources are as set out below.
1
My income for the 52 weeks immediately preceding the date of this declaration was as follows: [use “Nil”
where applicable.]
| Item | Particulars | $ | ||
| (a) | Salary, wages, or other personal earnings from [state employer]: | |||
| (b) | Gross income from business: | |||
| (c) | Amount received from boarders (including children over 16 years of age): | |||
| (d) | Rents from property (including rooms let): | |||
| (e) | Compensation or damages received: | |||
| (f) | Superannuation, pension, or benefit (including any from overseas): | |||
| (g) | Dividends and interest: | |||
| (h) | All other sources of income [specify]: | |||
| Total income in the 52 weeks | $ |
2
My assets (both in New Zealand and elsewhere) are as follows:
| Item | Particulars | $ | ||
| (a) | Land and buildings [state address and capital value]: | |||
| (b) | Money in bank accounts [specify banks]: | |||
| (c) | Money not in bank or invested: | |||
| (d) | Money lent or in hands of any person [name and address]: | |||
| (e) | Government stock, shares, debentures, or bonds [state details]: | |||
| (f) | Plant and machinery [state details]: | |||
| (g) | Livestock [state details]: | |||
| (h) | Interest in business, stock in trade, or venture of any kind [state details]: | |||
| (i) | Motor vehicles [state details]: | |||
| (j) | Any other property or assets not specified above, including interest in any estate [state details]: | |||
| Total assets | $ |
3
The property specified in items [specify] of clause 2 of this declaration is mortgaged, or otherwise secured to [full name] of [address] for the sum of $[specify].
4
My expenses for the 52 weeks specified in clause 1 of this declaration were as follows:
| Item | Particulars | $ | ||
| (a) | Income tax: | |||
| (b) | Insurance and superannuation: | |||
| (c) | Medical and hospital benefits: | |||
| (d) | Rent: | |||
| (e) | Rates: | |||
| (f) | Mortgage payments: | |||
| (g) | Repairs on home: | |||
| (h) | Food and household supplies: | |||
| (i) | Electricity, gas, and fuel: | |||
| (j) | Telephone: | |||
| (k) | Laundry and cleaning: | |||
| (l) | Clothing: | |||
| (m) | Child maintenance, care, and education: | |||
| (n) | Maintenance for former spouse or former de facto partner: | |||
| (o) | Entertainment: | |||
| (p) | Fares: | |||
| (q) | Car maintenance, running, and registration: | |||
| (r) | Hire purchase payments: | |||
| (s) | Other expenses [specify]: | |||
| Total expenses in the 52 weeks | $ |
5
Separate income for the 52 weeks of members of household whose expenses are included:
(a)
[List full names, ages, and relationship of all such members of household]
(b)
[List details of separate income of any such member of household]
And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths and Declarations Act 1957.
Signature:
Declared at [place, date]
.
Solicitor
Justice of the Peace
[Or other person authorised to take a statutory declaration.]
Schedule 1 form FP 21: amended, on 1 February 2002, by rule 4(1) of the Family Proceedings Amendment Rules 2001 (SR 2001/378).
Form FP 22 Notice of defence
(General heading—Form FP 6)
I, [full name], of [address], [occupation], give notice that I intend to defend the application for [specify the order(s) opposed].
I say, in answer to the applicant,—
1
[State whether the facts given in the application are accepted or rejected. If any facts are rejected, state reasons.]
2
[Set out sufficient information to inform the court of the facts relied on by the defence.]
3
[Set out any other facts relating to the application or to the circumstances which have existed or are existing between the parties which the court should be told about.]
I claim, in reply to the application, the following relief: [specify orders or other relief sought. See section 168, Family Proceedings Act 1980].
Respondent:
Date:
To the Registrar
District Court
[Place of court]
and
To the applicant
This notice is filed by [specify], whose address for service is at [specify].
Schedule 1 form FP 22 heading: amended, on 1 July 2005, by rule 11(e) of the Family Proceedings Amendment Rules 2005 (SR 2005/100).
Schedule 1 form FP 22 heading: amended, on 1 July 1995, by rule 33 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Schedule 1 form FP 22: amended, on 1 May 2014, by rule 5(3) of the Family Proceedings Amendment Rules 2014 (LI 2014/85).
Form FP 22A Request for an appearance
[Revoked]Schedule 1 form FP 22A: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Form FP 22B Request for a hearing
[Revoked]Schedule 1 form FP 22B: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Form FP 23 Application for fixture
(General heading—Form FP 6)
We (or I) apply for a fixture for the hearing of the application to which the applicant and the respondent are parties.
A notice of defence has been filed.
or
The time for filing a notice of defence has expired.
All interlocutory matters have been completed. [Delete where this application is not signed by or on behalf of all parties to the action.]
We (or I) believe that the application is in all respects ready for hearing.
The estimated duration of the hearing is [specify].
We (or I) certify that we (or I) have carried out our (or my) responsibilities under section 8(1) of the Family Proceedings Act 1980.
(Solicitor for) Applicant:
Date:
(Solicitor for) Respondent:
Date:
To the Registrar
District Court
[Place of court]
The fixture is made under the authority conferred on me by rule 32A(2) of the Family Proceedings Rules 1981.
Registrar:
Date:
Date and time of fixture:
Schedule 1 form FP 23 heading: amended, on 1 July 2005, by rule 11(f) of the Family Proceedings Amendment Rules 2005 (SR 2005/100).
Schedule 1 form FP 23 heading: amended, on 1 July 1995, by rule 34(a) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Schedule 1 form FP 23: amended, on 21 October 2002, by rule 26(4) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Schedule 1 form FP 23: amended, on 1 July 1995, by rule 34(b) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Form FP 24 Order for substituted service
(General heading—Form FP 6)
On application made to it, the court orders that—
(a)
service on the respondent of the application for [specify each application or declaration applied for] by a method permitted or required under these rules be dispensed with; and
(b)
service on the respondent instead be effected by [specify the way in which service is to be effected, for example, by social media or advertisement]; and
(c)
the time within which the respondent may file a notice of defence to the application or a request for an appearance is fixed at [number] days from [specify, for example, the date of publication of the advertisement].
Date:
Signature:
(Registrar)
Schedule 1 form FP 24: replaced, on 1 September 2017, by rule 5 of the Family Proceedings Amendment Rules 2017 (LI 2017/190).
Form FP 25 Notice by advertisement
In the District Court at [place of court]
To [full name], [occupation], formerly of [address]
[Full name] has filed an application against you for the following orders: [specify]
A copy of the application, with a notice containing information for you, may be obtained from my office.
If you do not file a notice of defence to the application on or before [date] the case may proceed without your being heard.
Registrar:
Date:
Any person knowing the whereabouts of the abovenamed [specify] is asked to bring this notice to his (or her) attention.
Schedule 1 form FP 25: replaced, on 1 July 1995, by rule 30(f) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Schedule 1 form FP 25 heading: amended, on 1 September 2017, by rule 6 of the Family Proceedings Amendment Rules 2017 (LI 2017/190).
Schedule 1 form FP 25: amended, on 21 October 2002, by rule 26(7) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Form FP 26 Affidavit of service
[Revoked]Schedule 1 form FP 26: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Form FP 27 Affidavit of advertising
(General heading—Form FP 6)
I, [full name], of [address], [occupation], make oath and say:
1
I am [give details of occupation, etc],
2
Notice to the respondent of the application for [specify] (a copy of which notice is annexed and marked with the letter “A”
) was duly advertised in the following newspapers: [state names of newspapers, where published, and dates of publication].
3
Extracts which are taken from the above newspapers and which contain the advertisements are annexed and marked with the letters “B”
and “C”
.
4.
The newspapers in which the advertisements were published and the respective dates of publication are as follows:
| Newspaper | Date of publication | ||
Extract “B” |
|||
Extract “C” |
Signature of deponent:
Sworn at [place, date], before me—
.
Registrar
Justice of the Peace
Solicitor of the High Court
Schedule 1 form FP 27 heading: amended, on 1 September 2017, by rule 7 of the Family Proceedings Amendment Rules 2017 (LI 2017/190).
Schedule 1 form FP 27 heading: amended, on 1 July 2005, by rule 11(h) of the Family Proceedings Amendment Rules 2005 (SR 2005/100).
Schedule 1 form FP 27 heading: amended, on 21 October 2002, by rule 26(8) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Form FP 28 Order for discovery of documents
(General heading—Form FP 6)
To the applicant (or respondent)
You are ordered to file an affidavit stating whether certain documents are in your possession or power, or whether they have been in your possession or power.
The specific matters in relation to which discovery of documents is required are as follows:
| 1 | |
| 2 | |
| 3 |
The affidavit must be filed within 7 days of service of this order upon you.
You must serve a copy of the affidavit on [full name], the party who applied for this order.
Registrar:
Date:
Schedule 1 form FP 28 heading: amended, on 1 July 2005, by rule 11(i) of the Family Proceedings Amendment Rules 2005 (SR 2005/100).
Form FP 29 Affidavit of documents
(General heading—Form FP 6)
I, [full name], of [address], [occupation], make oath and say:
1
I have in my possession or power the documents specified in the first and second parts of Schedule 1 of this affidavit.
2
I object to producing the documents specified in the second part of the said Schedule 1 of this affidavit on the grounds that: [state upon what grounds the objection is made and verify the facts as far as may be].
3
I have had, but have not now, in my possession or power the documents specified in Schedule 2 of this affidavit.
4
To the best of my knowledge and belief, the documents specified in Schedule 2 of this affidavit are in the possession of the persons specified in that schedule in relation to the documents.
5
According to the best of my knowledge, information, and belief, I have not now and have never had in my possession or power, or in the possession or power of my solicitor or agent, or of any other person on my behalf, any document relating to the matters specified in the order for discovery, or any of them, except the documents set forth in Schedules 1 and 2 of this affidavit.
Schedule 1
Part 1
Part 2
Schedule 2
Signature of deponent:
Sworn at [place, date], before me—
.
Registrar
Justice of the Peace
Solicitor
Schedule 1 form FP 29 heading: amended, on 1 July 2005, by rule 11(j) of the Family Proceedings Amendment Rules 2005 (SR 2005/100).
Form FP 30 Declaration for registration of maintenance agreement
[Revoked]Schedule 1 form FP 30: revoked, on 1 July 1995, by rule 29 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Form FP 31 Declaration for registration of written variation of a registered maintenance agreement
[Revoked]Schedule 1 form FP 31: revoked, on 1 July 1995, by rule 29 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Form FP 32 Notice of registration of maintenance agreement
[Revoked]Schedule 1 form FP 32: revoked, on 1 July 1995, by rule 29 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Form FP 33 Notice of registration of written variation of a registered maintenance agreement
[Revoked]Schedule 1 form FP 33: revoked, on 1 July 1995, by rule 29 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Form FP 34 Notice of registration of order from Commonwealth or designated country
(General heading—Form FP 6)
To [name and address]
I have today registered in this court an order for maintenance made between the abovenamed parties at [place] on [date]. The order provides for the payment of maintenance by you in the following terms:
[Set out the terms of the order.]
Now that this order has been registered in New Zealand, it will be treated like a maintenance order made by a court here.
According to a certificate given by [specify] and filed in this court you owe, under the order, the sum of [specify amount] up to [specify amount].
Unless you are notified to the contrary by the Commissioner of Inland Revenue, all payments under the order must be paid to the Commissioner of Inland Revenue in accordance with the Child Support Act 1991. It is the Commissioner’s duty to enforce the order.
If you need help, consult a lawyer or contact a District Court office or an office of the Ministry of Social Development immediately.
Registrar:
Date:
The office of the District Court is open from [time] to [time] on Mondays to Fridays inclusive.
Schedule 1 form FP 34: amended (with effect on 1 October 2001), on 2 August 2003, by section 12(1) of the State Sector Amendment Act 2003 (2003 No 41).
Schedule 1 form FP 34: amended, on 1 July 1995, by rule 37 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Form FP 35 Provisional order for confirmation overseas
(General heading—Form FP 6)
Upon application made to it for the making against the respondent of—
*a maintenance order in respect of a spouse or a former spouse
*a provisional maintenance order in respect of a child
this court hereby makes a provisional maintenance order (or provisional maintenance orders) against the respondent.
| *Delete if not applicable. |
By this provisional maintenance order (or these provisional maintenance orders), this court orders that the respondent—
(a)
pay towards the future maintenance of the applicant the sum of [specify amount] per [specify frequency] until [specify period] (or during the joint lives of [full name] and [full name] or as the case may be):
(b)
pay towards the future maintenance of [full name], a child born on [date of birth], the sum of [specify amount] per [specify frequency] until the child reaches the age of 16 years (or as the court otherwise directs).
This order is (or These orders are) provisional only and shall have no effect unless and until confirmed by a competent court in a place outside New Zealand.
Registrar:
Date:
Note
Accompanying documents
When transmitted by the chief executive of the Ministry of Justice to the country in which the respondent resides, this order must be accompanied by the documents specified in section 147(6) of the Family Proceedings Act 1980. The statement of the grounds on which the making of the order might have been opposed may be in the form of a certificate signed by the Judge hearing the application.
Schedule 1 form FP 35: amended, on 1 October 2003, pursuant to section 14(2) of the State Sector Amendment Act 2003 (2003 No 41).
Schedule 1 form FP 35: amended, on 1 July 1995, by rule 38 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Form FP 36 Summons for hearing of proceedings for confirmation of overseas maintenance order
(General heading—Form FP 6)
To [name and address]
On the application of [full name], a provisional order was made against you in the [name of court] Court at [place] on [date] under [state the Act or other authority of the country where the order was made].
The provisional order provides [set out the relevant terms of the provisional order].
Proceedings for the confirmation of the provisional order are now to be heard in New Zealand in this court.
In connection with those proceedings, this court has received, in relation to the provisional order, the following documents:
(a)
a certified copy of that order:
(b)
the depositions of the witnesses:
(c)
a statement of the grounds on which the order might have been opposed [Delete where the provisional order, being an order to which section 139 or section 139A of the Family Proceedings Act 1980 applies, affects a New Zealand maintenance order or a New Zealand maintenance agreement].
Copies of these documents may be obtained from this office of this court.
You are summoned to appear at [time] on [date] in the District Court at [place] to show reasons why the provisional order (or orders) should not be confirmed.
At the hearing it will be open to you to raise any defence which you might have raised in the original proceedings had you been present but no other defence (except [if the provisional order is made in or consequent on an affiliation order] the defence—
(a)
that you are not the father of the child; and
(b)
that the proceedings in which the affiliation order was made were not brought to your notice (either by the service of a summons on you or by any other method permitted by the law of the country in which the affiliation order was made)).
If you do not appear at the hearing, or if on appearing you do not satisfy the court that the order ought not to be confirmed, the court may confirm the order either with or without modifications.
If the court confirms the order, it may also, if it is satisfied that you are of sufficient ability, order you to pay a sum for maintenance between the date of the making of the order and its confirmation. [Include only where section 138(1)(a) of the Family Proceedings Act 1980 applies.]
If the court confirms the order, it will become a maintenance order for the purposes of the Family Proceedings Act 1980 and may be enforced in New Zealand under the Child Support Act 1991. [Include only where section 138(1)(a) of the Family Proceedings Act 1980 applies.]
Registrar:
Date:
Notes
Advice
If you need help, consult a lawyer or contact a District Court office immediately.
Office hours
The office of the District Court is open from [time] to [time] on Mondays to Fridays inclusive.
Schedule 1 form FP 36: amended, on 1 July 1995, by rule 39(a) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Schedule 1 form FP 36: amended, on 1 July 1995, by rule 39(b) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Form FP 37 Warrant to arrest respondent for hearing of proceedings for confirmation of maintenance order
(General heading—Form FP 6)
To every constable
On the application of [full name], a provisional order was made against the respondent in the [name of court] Court at [place] on [date] under [state the Act or other authority of the country where the order was made].
The provisional order provides [set out the terms of the provisional order].
A certified copy of that order, together with the other necessary documents, have now been sent to this court for the hearing of proceedings for the confirmation of the order.
I am satisfied that the address of the respondent is unknown (or a summons has been issued for the attendance of the respondent at this court but has not been served because the respondent cannot be found).
I direct you to arrest the respondent and bring the respondent before a court as soon as possible.
.
Judge
Registrar
Date:
Schedule 1 form FP 37: amended, on 1 July 1995, by rule 40 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Form FP 38 Summons for hearing of overseas maintenance application
(General heading—Form FP 6)
To: [name and address]
An application by [full name] of [address] for an order against you has been received by this court.
The applicant seeks [set out the terms of the order(s) sought].
Copies of the application and of the accompanying documents sent by the applicant are attached to this summons.
You are summoned to appear at [time] on [date] in the District Court at [place] for the hearing of the application.
Notice of defence
If you wish to defend the application, you must, within 21 days after the date on which you receive this notice, file a notice of defence in this office of the court. If you do not file and serve a notice of defence, the case may proceed without further notice to you.
Address for service
If you do not wish to defend the application but you do wish to know what is happening you should file in this office of the court a notice giving the address of a place in New Zealand at which documents can be left for you.
Assistance
A lawyer will prepare a notice of defence for you. If you want a lawyer but think you cannot afford one, you should contact an office of the District Court immediately. You may also see a specimen form of the notice of defence at any office of the District Court.
Liability as a witness
Even if you take no action, the court may summon you as a witness to help it deal with the application.
Copies of orders
You will get a copy of any orders made against you. However, any order will probably be in force from the time it is made. The fact that you have not got a copy of the order will not be an excuse for not obeying it.
Enforcement
If the court makes an order, the order will be enforced under the Child Support Act 1991.
Advice
If you need help, consult a lawyer or contact a District Court office immediately.
Office hours
The office of the District Court is open from [time] to [time] on Mondays to Fridays inclusive.
Registrar:
Date:
Schedule 1 form FP 38: amended, on 1 July 1995, by rule 41(a) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Schedule 1 form FP 38: amended, on 1 July 1995, by rule 41(b) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Schedule 1 form FP 38: amended, on 1 July 1995, by rule 41(c) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Form FP 39 Warrant to arrest respondent for hearing of application for maintenance made by applicant residing overseas
(General heading—Form FP 6)
To every constable
An application by [full name] of [address] for an order has been received by this court.
The applicant seeks [set out the terms of the order(s) sought].
The application, together with the other necessary documents, have now been sent to this court to be dealt with.
I am satisfied that the address of the respondent is unknown (or a summons has been issued for the attendance of the respondent at this court but has not been served because the respondent cannot be found).
I direct you to arrest the respondent and bring the respondent before a court as soon as possible.
Judge:
Date:
Schedule 1 form FP 39: amended, on 1 July 1995, by rule 42 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Form FP 40 Order confirming provisional order for maintenance
(General heading—Form FP 6)
On [date] a provisional order was made by the [set out description of court] Court at [place and country] under [set out the Act or other authority].
The provisional order provides [set out the relevant terms of the provisional order].
A summons was duly served upon the respondent to appear on [date] at the District Court at [place] (or The respondent was arrested and brought before the District Court at [place]) to show reasons why the provisional order should not be confirmed.
The respondent on appearing failed to satisfy the court that the order should not be confirmed (or did not appear).
This court orders that the order be confirmed without modification (or with the following modifications [specify]).
*Unless you are notified to the contrary by the Commissioner of Inland Revenue, all payments under the order must be paid to the Commissioner of Inland Revenue in accordance with the Child Support Act 1991. It is the Commissioner’s duty to enforce the order.
*The first payment is to be made on [date].
*Delete— (a)if the order does not require payments, as in the case of the cancellation or suspension of a maintenance order; or (b)if the person ordered to pay maintenance under the order is outside New Zealand. |
Registrar:
Date:
Copies of order
Copies of this order should be forwarded to—
(a)
the Head Office, Ministry of Justice; and
(b)
the court making the provisional order; and
(c)
if the order was made under section 138 of the Family Proceedings Act 1980, the Commissioner of Inland Revenue.
Schedule 1 form FP 40: amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).
Schedule 1 form FP 40: amended, on 1 July 1995, by rule 43(a) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Schedule 1 form FP 40: amended, on 1 July 1995, by rule 43(b) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Schedule 1 form FP 40: amended, on 1 July 1995, by rule 43(c) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Form FP 40A Maintenance order (child in convention country)
(General heading—Form FP 6)
On application made to it the court orders that the respondent pay, in respect of the maintenance of [full name], a child born on [date]—
(a)
The sum of $[amount] per [specify] towards the future maintenance of the child, until the child reaches the age of [specify] years (or as the court otherwise directs). The first payment is to be made on [date]:
(b)
The sum of $[amount] towards the future maintenance of the child. The sum is payable [specify arrangements for payment, and any conditions]:
(c)
The sum of $[amount] towards the past maintenance of the child. The sum is payable [specify arrangements for payment, and any conditions].
Registrar:
Date:
Note
Payments
Unless you are notified to the contrary by the Commissioner of Inland Revenue, all payments under the order must be paid to the Commissioner of Inland Revenue in accordance with the Child Support Act 1991. It is the Commissioner’s duty to enforce the order.
Schedule 1 form 40A: inserted, on 1 July 1995, by rule 30(h) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Form FP 41 Warrant of commitment on adjournment where respondent remanded in custody or does not immediately enter into a bond
(General heading—Form FP 6)
To every constable
And to the Manager of [name of prison]
The respondent was arrested on a warrant issued under section 138(3)(b) (or 145J(2)) of the Family Proceedings Act 1980 [or as the case may be].
The further hearing of the application between the abovenamed parties has been adjourned and the respondent has been (remanded in custody for the period of the adjournment or granted bail in the terms certified on the back of this warrant but has not yet entered into a bail bond).
You, the constables, are directed to deliver the respondent to the prison at [place] and you, the Manager, to receive the respondent into your custody and to detain the respondent until [date] when you are required to bring the respondent to the District Court at [place] at [time] for the further hearing of the application.
Registrar:
Date:
Certificate of consent to bail
I certify that the respondent named in this warrant may be released on bail bond being entered into on the following terms:
Registrar:
Date:
Schedule 1 form FP 41: amended, on 1 July 2005, by rule 11(k) of the Family Proceedings Amendment Rules 2005 (SR 2005/100).
Schedule 1 form FP 41: amended, on 1 July 2005, by rule 11(l) of the Family Proceedings Amendment Rules 2005 (SR 2005/100).
Schedule 1 form FP 41: amended, on 1 July 2005, by rule 11(m) of the Family Proceedings Amendment Rules 2005 (SR 2005/100).
Schedule 1 form FP 41: amended, on 1 July 1995, by rule 44 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Form FP 42 Bail bond
(General heading—Form FP 6)
The respondent was arrested on a warrant issued under section 138(3)(b) (or 145J(2)) of the Family Proceedings Act 1980 [or as the case may be].
The further hearing of the application between the abovenamed parties has been adjourned and the court has directed that the respondent be released on bail during the period of the adjournment.
I, [full name] bind myself to attend personally at the District Court at [place] at [time] on [date], which is the date to which the hearing of the application between the parties has been adjourned.
I acknowledge myself bound to forfeit to the Crown the sum of [amount] and I (or we) [full name, address, and occupation of each surety] acknowledge myself (or ourselves) bound to forfeit to the Crown the sum of [amount] (each) if the respondent fails to attend at the time and place to which the hearing has been adjourned.
Respondent:
Surety (Sureties):
Taken before me at [place] on [date]
.
Judge
Registrar
Schedule 1 form FP 42: amended, on 1 July 2005, by rule 11(n) of the Family Proceedings Amendment Rules 2005 (SR 2005/100).
Schedule 1 form FP 42: amended, on 1 July 1995, by rule 45 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Form FP 43 Warrant of deliverance on execution of bail bond
(General heading—Form FP 6)
To the Manager of [name of prison].
The respondent who was remanded into your custody after the respondent’s arrest and on the adjournment of an application between the abovenamed parties was granted bail in the following terms: [specify]
The respondent has now entered into a bail bond with (or without) surety (or sureties) in the required amount(s), and you are now directed, if the respondent is detained on the warrant and no other, to release the respondent forthwith.
.
Judge
Registrar
Date:
Schedule 1 form 43: amended, on 1 July 2005, by rule 11(o) of the Family Proceedings Amendment Rules 2005 (SR 2005/100).
Form FP 44 Request for issue of warrant of distress
[Revoked]Schedule 1 form FP 44: revoked, on 1 July 1995, by rule 29 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Form FP 45 Warrant of distress
[Revoked]Schedule 1 form FP 45: revoked, on 1 July 1995, by rule 29 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Form FP 46 Summons to attend examination as to means and default
[Revoked]Schedule 1 form FP 46: revoked, on 1 July 1995, by rule 29 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Form FP 47 Warrant to arrest respondent for examination as to means and default
[Revoked]Schedule 1 form FP 47: revoked, on 1 July 1995, by rule 29 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Form FP 48 Summons to witness to attend examination
[Revoked]Schedule 1 form FP 48: revoked, on 1 July 1995, by rule 29 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Form FP 49 Warrant to arrest witness for attendance at examination of respondent
[Revoked]Schedule 1 form FP 49: revoked, on 1 July 1995, by rule 29 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Form FP 50 Warrant to arrest respondent for attendance at contempt proceedings
[Revoked]Schedule 1 form FP 50: revoked, on 1 July 1995, by rule 29 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Form FP 51 Warrant for arrest of absconding respondent
[Revoked]Schedule 1 form FP 51: revoked, on 1 July 1995, by rule 29 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Form FP 52 Warrant to enforce role of providing day-to-day care for, or order for contact with, child
(General heading—Form FP 6)
To every constable (or social worker) (or [full name]).
I am satisfied on the application of [full name], of [address], [occupation], that he (or she) has the role of providing day-to-day care for (or is entitled under a parenting order or other order specified in section 73(1) of the Care of Children Act 2004 to have direct contact with) [full name], a child aged [specify] years.
I direct you to take the child (using reasonable force if necessary) and to deliver the child to [full name of applicant or of other person or authority to whom child is to be delivered on behalf of applicant], and to report to this court when you have done so.
For the purpose of executing this warrant, you are authorised by section 75(1) of the Care of Children Act 2004 to enter and search any building, aircraft, ship, vehicle, premises, or place, with or without assistance, and by force if necessary.
You are required to have this warrant with you when executing it and to produce it on initial entry and, if requested, at any later time.
You must also comply with any other applicable requirements of section 75(2) of the Care of Children Act 2004.
Judge:
Date:
Note
Arrest of person resisting execution of warrant
Under section 79 of the Care of Children Act 2004, you commit an offence for which you may be sentenced to imprisonment if you knowingly resist or obstruct a person executing this warrant, or knowingly fail or refuse to afford a person of that kind immediate entrance to (all or a part of) any premises. Under section 315(2) of the Crimes Act 1961, a constable (and persons the constable calls to his or her assistance) may arrest and take into custody without a warrant a person whom the constable finds committing, or has good cause to suspect of having committed, an offence punishable by imprisonment.
Use of a faxed copy of warrant
If use of a faxed copy of this warrant is authorised by an authority to prevent delay in execution of the warrant, the authority must, under section 76 of the Care of Children Act 2004, write and sign a note on the front of the warrant stating—
(a)
the fact that a faxed copy of the warrant may be used for the purpose of executing the warrant; and
(b)
the date and time at which the authorisation expires, which must be the close of the third day after the day on which the authorisation is granted.
Schedule 1 form FP 52: replaced, on 1 July 2005, by rule 10(1) of the Family Proceedings Amendment Rules 2005 (SR 2005/100).
Form FP 53 Warrant to take child to prevent removal from New Zealand
(General heading—Form FP 6)
To every constable (or social worker).
I have reason to believe that [full name], a child aged [specify] years, is about to be taken out of New Zealand with intent to, or in circumstances where the taking of the child would be likely to,—
* defeat the claim of [full name], of [address], [occupation], who has applied for (or is about to apply for) the role of providing day-to-day care for, or for an order for contact with, the child; or
* prevent an order made in the [court] at [place] on [date] (or registered under section 81 of the Care of Children Act 2004) about the role of providing day-to-day care for, or about contact with, the child, from being complied with.
The child is said to be in the care of [full name] of [address].
(*There being no High Court Judge or District Court Judge or Family Court Judge available) I direct you to take the child (using reasonable force if necessary) and place the child in the care of some suitable person pending the order or further order of the court having jurisdiction in the case.
When you have executed this warrant in accordance with the direction, you must advise this court immediately of the name and address of the person with whom you have placed the child.
| *Delete if inapplicable. |
Judge (or Registrar (not being a constable)):
Date:
Note
Arrest of person resisting execution of warrant
Under section 79 of the Care of Children Act 2004, it is an offence punishable by imprisonment if you knowingly resist or obstruct a person executing this warrant, or knowingly fail or refuse to afford a person of that kind immediate entrance to (all or a part of) any premises. Under section 315(2) of the Crimes Act 1961, a constable (and persons the constable calls to his or her assistance) may arrest and take into custody without a warrant a person whom the constable finds committing, or has good cause to suspect of having committed, an offence punishable by imprisonment.
Use of a faxed copy of warrant
If use of a faxed copy of this warrant is authorised by an authority to prevent delay in execution of the warrant, the authority must, under section 76 of the Care of Children Act 2004, write and sign a note on the front of the warrant stating—
(a)
the fact that a faxed copy of the warrant may be used for the purpose of executing the warrant; and
(b)
the date and time at which the authorisation expires, which must be the close of the third day after the day on which the authorisation is granted.
Schedule 1 form FP 53: replaced, on 1 July 2005, by rule 10(2) of the Family Proceedings Amendment Rules 2005 (SR 2005/100).
Form FP 54 Separation order
[Revoked]Schedule 1 form FP 54: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Form FP 55 Maintenance order (spouse, or former spouse, or former de facto partner)
[Revoked]Schedule 1 form FP 55: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Form FP 56 Maintenance order (child)
[Revoked]Schedule 1 form FP 56: repealed, on 1 July 1995, by regulation 29 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Form FP 57 Custody order(s)
[Revoked]Schedule 1 form FP 57: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Form FP 58 Paternity order (and maintenance order)
[Revoked]Schedule 1 form FP 58: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Form FP 59 Order dissolving marriage
[Revoked]Schedule 1 form FP 59: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Form FP 60 Order declaring that the other party to a marriage is presumed to be dead and that the marriage is dissolved
[Revoked]Schedule 1 form FP 60: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Form FP 61 Order declaring a marriage to be void
[Revoked]Schedule 1 form FP 61: revoked, on 21 October 2002, by rule 26(1) of the Family Proceedings Amendment Rules 2002 (SR 2002/262).
Forms for enforcement of maintenance pursuant to section 259 of Child Support Act 1991
Heading: inserted, on 1 July 1995, pursuant to rule 28 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Form FP 62 Ex parte application for issue of warrant for arrest of respondent
(General heading—Form FP 6)
I, [full name], of [address], [occupation] make oath and say that—
1
A maintenance order was made on [date] against the respondent (and subsequently varied) in the following terms: [set out the terms of the maintenance order together with any variations and date(s) thereof].
or
1
A maintenance agreement between me and the respondent in the following terms (and subsequently varied) was registered on [date]: [set out terms of agreement together with any registered variations and the date(s) of registration].
2
I have reasonable cause to believe that the respondent is about to leave New Zealand with intent to avoid payment of maintenance in that [set out facts supporting the application, including the present whereabouts of the respondent, if known].
I apply for the issue of a warrant for the arrest of the respondent.
Signature of applicant:
Sworn before me at [place] [date]
.
Judge
(or Solicitor)
(or Registrar (not being a constable))
To the Registrar
District Court
[Place of court]
This application is filed by [name], whose address for service is at [address]
Schedule 1 form FP 62: replaced, on 1 July 1995, by rule 30(j) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Form FP 63 Request for issue of warrant to seize property
To the Registrar
District Court
[Place of court]
I, [full name], of [address], the Maintenance Officer at [specify] [or as the case may be], request the issue of a warrant to seize property under section 103 of the Family Proceedings Act 1980 against the respondent.
[Set out details of the maintenance order (or maintenance agreement) and any variations.]
I certify—
(a)
that payments under the order (or agreement) are in arrear and unpaid for not less than 14 days; and
(b)
that there is now due and owing under the order (or agreement) the sum of [specify] up to [date].
Signature:
Date:
Request filed: [date] [time] [initials]
Warrant issued: [date] [time] [initials]
Schedule 1 form FP 63: replaced, on 1 July 1995, by rule 30(j) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Schedule 1 form FP 63 heading: replaced, on 14 April 2014, by rule 5(1) of the Family Proceedings Amendment Rules (No 2) 2013 (SR 2013/415).
Schedule 1 form FP 63: amended, on 14 April 2014, by rule 5(2) of the Family Proceedings Amendment Rules (No 2) 2013 (SR 2013/415).
Form FP 64 Warrant to seize property
(General heading—Form FP 6)
To every bailiff and constable
Under a maintenance order (or maintenance agreement) dated [date] payments due by the respondent are, at the time of the issue of this warrant, in arrear and unpaid for not less than 14 days.
I direct you forthwith to levy or cause to be levied the sum of [specify], and the costs of the execution of this warrant, by seizure and sale of any of the respondent’s goods and chattels, except the respondent’s necessary tools of trade to a value not exceeding $500 and the respondent’s necessary household furniture and effects, including the wearing apparel of the respondent and any members of the respondent’s family, to a value not exceeding $2,000.
In pursuance of that direction you are also authorised to seize and take away, and deliver to the Registrar of this court, any money, bank notes, bills of exchange, promissory notes, bonds, specialities, or other securities for money belonging to the respondent.
You are directed to pay what you levy to the Registrar of this court and to make return of what you do by virtue of this warrant immediately upon the execution thereof.
If no sufficient goods or money can be found or if the respondent cannot be found, you are required to report back to this court and to state what your inquiries have shown.
Judge:
Date:
Notes
Sale by auction
Goods seized in execution under this warrant are to be sold by public auction unless a court otherwise orders.
Restriction on sale
No goods seized in execution under this warrant are to be sold until the expiration of a period of at least 7 days next following the day on which the goods were seized unless—
(a)
the goods are of a perishable nature; or
(b)
the person whose goods have been seized so requests in writing.
Power of entry
For the purpose of executing this warrant, you may at any time enter on any premises, by force if necessary, if you have reasonable cause to believe that the property in respect of which it is issued is on those premises. If any person in actual occupation of the premises requires you to produce evidence of your authority, you must produce this warrant before entering on the premises.
Endorsements
A request was made to the court for the issue of this warrant at [specify] minutes past the hour of [specify] on [date] by [full name].
Registrar:
This warrant was received by me on [date], at [time].
Bailiff (or constable):
[Form 74 in the District Courts Rules is to be endorsed hereon where necessary.]
Schedule 1 form FP 64: replaced, on 1 July 1995, by rule 30(j) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Schedule 1 form FP 64 heading: replaced, on 14 April 2014, by rule 6(1) of the Family Proceedings Amendment Rules (No 2) 2013 (SR 2013/415).
Schedule 1 form FP 64: amended, on 14 April 2014, by rule 6(2) of the Family Proceedings Amendment Rules (No 2) 2013 (SR 2013/415).
Schedule 1 form FP 64: amended, on 14 April 2014, by rule 6(3) of the Family Proceedings Amendment Rules (No 2) 2013 (SR 2013/415).
Form FP 65 Summons to attend examination as to means and default
(General heading—Form FP 6)
To [name and address]
*A maintenance order was made against you on [date].
*The terms of the order are [specify]
*A maintenance agreement between [specify] and you was registered on [date]. The terms of the agreement are [specify].
The amount of [specify] was in arrear and unpaid under the order (or agreement) on [date].
You are summoned to appear at [time] on [date] at the District Court at [place] to be examined orally as to your means and as to the reasons for your failure to pay the maintenance in arrear. If you pay the above amount before the above date you need not appear for examination.
You must bring to the hearing any books, papers, and documents relating to your debts and to your failure to pay.
Registrar:
Date:
| *Delete if not applicable. |
The office of the District Court is open from [time] to [time] on Mondays to Fridays inclusive.
Notes
Representation by a lawyer
You may be represented at the examination by a lawyer if you wish.
Failure to appear
If you fail to appear in answer to this summons, a warrant may be issued for your arrest.
Advice
If you need help, consult a lawyer or contact a District Court office immediately.
Schedule 1 form FP 65: replaced, on 1 July 1995, by rule 30(j) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Form FP 66 Warrant to arrest respondent for examination as to means and default
(General heading—Form FP 6)
To every constable
A summons was issued requiring the respondent to appear on [date] at the District Court at [place] to be examined as to the respondent’s means and as to the reasons for the respondent’s failure to pay maintenance under a maintenance order (agreement).
The examination was adjourned to [specify] [delete if not applicable].
The summons could not be served (or The respondent did not appear.)
I direct you to arrest the respondent and bring the respondent before the court as soon as possible.
If you believe that the respondent cannot be brought before the court within 72 hours after the arrest of the respondent, you need not execute the warrant immediately.
Judge:
Date:
Schedule 1 form FP 66: inserted, on 1 July 1995, by rule 30(j) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Form FP 67 Summons to witness to attend examination
(General heading—Form FP 6)
To [name and address]
[Full name] has been summoned to appear to be examined orally as to his (or her) means and as to his (or her) reasons for failure to pay maintenance under a maintenance order (agreement).
I believe—
*that you have possession of books, papers, or documents relating to the affairs or property of the respondent; or
*that you are capable of giving information concerning the respondent’s income from any sources or concerning the respondent’s expenditure.
You are summoned to appear as a witness at the examination at [time] on [date] at the District Court at [place].
*You are required to bring with you and produce [set out details of the book, paper, or document].
| *Delete if not applicable. |
Registrar:
Date:
Notes
Travelling expenses
If you are required to travel more than 20 kilometres to attend the examination you are entitled to a sum for expenses.
Failure to appear
If you fail to appear in answer to this summons, a warrant may be issued for your arrest.
Advice
If you need help, consult a lawyer or contact a District Court office immediately.
Schedule 1 form FP 67: inserted, on 1 July 1995, by rule 30(j) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Form FP 68 Warrant to arrest witness for attendance at examination of respondent
(General heading—Form FP 6)
To every constable
[Full name], of [address], [occupation], was summoned to appear on [date] at [place] as a witness at an examination as to the means of the respondent and as to the reasons for the respondent’s failure to pay maintenance under a maintenance order (agreement).
The witness failed to appear.
I am satisfied—
(a)
that the summons was duly served on the witness; and
(b)
that the witness was not required to travel more than 20 kilometres to attend the examination (or that expenses in accordance with the prescribed scale were tendered to the witness).
I direct you to arrest the witness, [full name], and bring him (or her) before the court as soon as possible.
If you believe that the witness cannot be brought before the court within 72 hours after the arrest of the witness, you need not execute the warrant immediately.
Judge:
Date
Schedule 1 form FP 68: inserted, on 1 July 1995, by rule 30(j) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Form FP 69 Warrant to arrest respondent for attendance at contempt proceedings
(General heading—Form FP 6)
To every constable
It is alleged that the respondent has wilfully disobeyed a maintenance order (agreement). As a result an application has been made under section 130(2) of the Family Proceedings Act 1980.
The application (with its supporting affidavit) was served on the respondent but the respondent did not attend the hearing of the application on [date] at [place].
or
The application (with its supporting affidavit) could not be served on the respondent.
I direct you to arrest the respondent and bring the respondent before the court as soon as possible.
If you believe that the respondent cannot be brought before the court within 72 hours after the respondent’s arrest, you need not execute the warrant immediately.
Judge:
Date:
Schedule 1 form FP 69: inserted, on 1 July 1995, by rule 30(j) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Form FP 70 Warrant for arrest of absconding respondent
(General heading—Form FP 6)
To every constable
A maintenance order was made on [date] against the respondent (and subsequently varied) in the following terms: [set out the terms of the maintenance order together with any variations and the date(s) thereof].
or
A maintenance agreement between the applicant and the respondent in the following terms (and subsequently varied) was registered on [date]: [set out terms of agreement together with any registered variations and the date(s) of registration].
or
The applicant has applied (or is entitled to apply) for a maintenance order against the respondent in respect of [specify].
I am satisfied that there is reasonable cause to believe the respondent is about to leave New Zealand with intent to avoid payment of maintenance.
(*There being no District Court Judge available and the case appearing to be one of urgency) I direct you to arrest the respondent and bring the respondent before a District Court as soon as possible.
.
Judge
(or Registrar (not being a constable))
Date:
| *Delete if not applicable. |
Schedule 1 form FP 70: inserted, on 1 July 1995, by rule 30(j) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Form FP 71 Attachment order
(General heading—Form FP 6)
By a maintenance order made (maintenance agreement registered) on [date] (and subsequently varied) the respondent was ordered (agreed) to pay towards the future support of [set out terms of order or agreement and any variations].
The court is satisfied that [full name] is the employer of the respondent.
The court orders that money due and payable, or at any time becoming due and payable, under the maintenance order (agreement) shall, by way of weekly payments of [specify] per week, be a charge on any salary or wages that from time to time while this attachment order remains in force become due and payable by the employer to the respondent.
The protected earnings rate, below which the net earnings paid to the respondent shall not be reduced by reason of compliance with the order, is [specify] per week.
The charge created shall attach to all wages or salary that become due and payable by the employer to the respondent at any time while this attachment order remains in force, whether the contract of employment in respect of which the salary became due existed at the date of this order or not, and shall prevail over and have priority to any assignment made or charge created by the respondent, whether before or after the making of this order.
While this order remains in force the employer shall from time to time, whenever any money becomes due and payable by the employer to the respondent by way of wages or salary, deduct from it the sum of [specify] per week. In any week the employer shall not deduct an amount that reduces the net earnings paid to the respondent below the protected earnings rate.
The first deduction is to be made on the pay day following the date on which a copy of this order is served on the employer. A deduction is to be made on every subsequent pay day. The money deducted is to be paid to a Maintenance Officer at any office of the Ministry of Social Development [or as the court may direct] within 14 days.
Registrar:
Date:
Notice to employer
1
An employer, in making any deduction or payment under this order, shall not be concerned to inquire whether any money is due and payable under the maintenance order (agreement).
2
Every employer commits an offence and is liable to a fine not exceeding $200 who without reasonable excuse fails to deduct from any money due and payable to the employee such sum as is sufficient to satisfy the charge on the money so far as the same has accrued before the day on which the salary or wages become due and payable.
3
Every employer commits an offence and is liable to a fine not exceeding $200 who without reasonable excuse fails within 14 days after deducting any sum from the wages or salary of an employee to pay the sum deducted to the person specified in the order.
4
Every employer commits an offence and is liable to a fine not exceeding $500 who dismisses any employee or alters any employee’s position in the employer’s business or undertaking to the employee’s prejudice by reason of an attachment order having been served on the employer.
5
Where a respondent in respect of whom an attachment order is in force leaves or is dismissed from the respondent’s employment, the employer is required within 7 days thereof to notify a Maintenance Officer at any office of the Ministry of Social Development.
6
If you need help, consult a lawyer or contact a District Court office or an office of the Ministry of Social Development immediately.
Schedule 1 form FP 71: inserted, on 1 July 1995, by rule 30(j) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Schedule 1 form FP 71: amended (with effect on 1 October 2001), on 2 August 2003, by section 12(1) of the State Sector Amendment Act 2003 (2003 No 41).
Form FP 72 Charging order
(General heading—Form FP 6)
By a maintenance order made (maintenance agreement registered) on [date] (and subsequently varied) the respondent was ordered (agreed) to pay maintenance as follows: [set out terms of order (agreement) and any variations].
The court is satisfied that the respondent is entitled to the following property: [describe property to be charged, and, if the order is to bind the Crown, particulars as required by section 120 of the Family Proceedings Act 1980].
The court orders that the money payable or to become payable under the maintenance order (agreement) shall be a charge upon the property described above and, subject in the case of any real property to registration of a duplicate or copy of this order under the seal of the court against the appropriate title to the land [or as the case may require] the property is charged in favour of [full name] to whom for the time being and from time to time the money is or becomes payable.
Registrar:
Date:
Schedule 1 form FP 72: inserted, on 1 July 1995, by rule 30(j) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Form FP 73 Receiving order
(General heading—Form FP 6)
By a maintenance order made (maintenance agreement registered) on [date] (and subsequently varied) the respondent was ordered (agreed) to pay maintenance as follows: [set out terms of order (agreement) and any variations].
On [date] an order was made that money payable or to become payable under the maintenance order (agreement) shall be a charge upon the following property to which the respondent is entitled:
[Describe the property charged.]
That charge is in favour of [full name], being the person to whom for the time being and from time to time the money is or becomes payable.
The court is satisfied that payments due under the maintenance order (agreement) are in arrear and unpaid and that there is due and payable the sum of $[amount].
*And is satisfied that a copy of the charging order has been registered against the appropriate title to the land described above [or as the case may be]
†And is satisfied that a copy of the charging order has been served on the respondent
‡And that the proposed receiver has entered into and filed a bond to the satisfaction of the Registrar for the due administration of his or her receivership.
The court orders that [full name and description of receiver] be the receiver of [describe terms of order].
Subject to the provisions of the Family Proceedings Act 1980, all money received by the receiver in the exercise of his or her powers shall, after payment of all expenses incurred by him or her and of such remuneration (if any) as may be allowed by the court (or, where Public Trust is receiver, as fixed by regulations under the Public Trust Act 2001) be held by the receiver in trust—
(a)
to pay and satisfy all money from time to time accruing due under the maintenance order (agreement):
(b)
to hold the residue of the money so received until the charging order or this receiving order is discharged, or the court sooner directs, and thereupon to pay it to the person who would be entitled to the money if no such charging or receiving order was in force.
Registrar:
Date:
| *Delete if charging order does not include a charge over any real property. |
| †Delete if order not made on ex parte application. |
| ‡Delete if the receiver is Public Trust, the Māori Trustee, or a trustee company within the meaning of the Trustee Companies Act 1967. |
Schedule 1 form FP 73: inserted, on 1 July 1995, by rule 30(j) of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Schedule 1 form FP 73: amended, on 1 March 2002, pursuant to section 152(1) of the Public Trust Act 2001 (2001 No 100).
Schedule 1 form FP 73: amended, on 1 March 2002, pursuant to section 168(1) of the Public Trust Act 2001 (2001 No 100).
Schedule 2 Provisions of the District Courts Rules which do not apply to proceedings under the Acts or either Act
Schedule 2: replaced, on 1 July 1995, by rule 48 of the Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111).
Rules 5, 6, 11, 12, 30 to 32, 45 to 51, 54 (in respect of proceedings under the Family Proceedings Act 1980), 74, 83 to 90 (in respect of minors as parties to proceedings under the Family Proceedings Act 1980), 103, 112, 113, 126, 127, 130 to 132, 135, 136, 151 to 167, 208, 210, 214, 219, 228, 230, 236, 239, 242 to 245, 247 to 249, 252, 253, 255 to 257, 260, 262(2), 263, 266 to 272, 315, 316, 332, 426 to 430, 439 to 451, 483, 496(3), 531, 577 to 608, 610, and 631 to 648.
Schedule 3 Rules and orders revoked
Domestic Proceedings (Marriage Guidance Organisations) Order 1979 (SR 1979/162)
Domestic Proceedings Rules 1969 (SR 1969/262)
Enforcement of Maintenance Orders (South Africa and South-West Africa) Order 1965 (SR 1965/55)
Schedule 4 Rules ceasing to have effect
Matrimonial Proceedings Rules 1964 (SR 1964/181)
Matrimonial Proceedings Rules 1964, Amendment No 1 (SR 1966/75)
Matrimonial Proceedings Rules 1964, Amendment No 2 (SR 1967/235)
Matrimonial Proceedings Rules 1964, Amendment No 3 (SR 1969/180)
Matrimonial Proceedings Rules 1964, Amendment No 4 (SR 1970/213)
P G Millen,
Clerk of the Executive Council.
Date of notification in Gazette: 22 September 1981.
Notes
1 General
This is a consolidation of the Family Proceedings Rules 1981 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.
2 Legal status
A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.
Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.
3 Editorial and format changes
The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.
4 Amendments incorporated in this consolidation
Witnesses and Interpreters Fees, Allowances, and Expenses Regulations 2023 (SL 2023/18): regulation 16(1)
Public Service Act 2020 (2020 No 40): section 135
Family Proceedings (Family Violence) Amendment Rules 2019 (LI 2019/95)
Social Security Act 2018 (2018 No 32): section 459
Family Proceedings Amendment Rules 2017 (LI 2017/190)
Family Proceedings Amendment Rules 2014 (LI 2014/85)
Family Proceedings Amendment Rules (No 2) 2013 (SR 2013/415)
Family Proceedings Amendment Rules 2013 (SR 2013/182)
Family Proceedings Amendment Rules 2009 (SR 2009/190)
Family Proceedings Amendment Rules 2005 (SR 2005/100)
State Sector Amendment Act 2003 (2003 No 41): sections 12(1), 14
Family Proceedings Amendment Rules 2002 (SR 2002/262)
Public Trust Act 2001 (2001 No 100): sections 152(1), 168(1)
Family Proceedings Amendment Rules 2001 (SR 2001/378)
Guardianship Amendment Act 1996 (1996 No 127): section 11(1)
Family Proceedings Rules 1981, Amendment No 2 (SR 1996/151)
Family Proceedings Rules 1981, Amendment No 1 (SR 1995/111)