Family Court Amendment Rules 2024
2024/35
Family Court Amendment Rules 2024
Cindy Kiro, Governor-General
Order in Council
At Wellington this 2nd day of April 2024
Present:
The Right Hon Christopher Luxon presiding in Council
These rules are made under section 16A of the Family Court Act 1980 on the advice and with the consent of the Executive Council.
Contents
Rules
1 Title
These rules are the Family Court Amendment Rules 2024.
2 Commencement
These rules come into force on 2 May 2024.
3 Principal rules
These rules amend the Family Court Rules 2002.
4 Rule 8 amended (Interpretation)
(1)
In rule 8(1), definition of court, replace paragraph (a) with:
(a)
means the Family Court and includes—
(i)
a Family Court Judge; and
(ii)
a Family Court Associate (subject to the exclusions in rule 10A(2)); and
(2)
In rule 8(1), insert in its appropriate alphabetical order:
Family Court Associate means a Family Court Associate appointed under section 7A of the Family Court Act 1980
5 New rule 10A and cross-heading inserted
After rule 10, insert:
Family Court Associates
10A Jurisdiction and powers of Family Court Associates
(1)
In addition to the jurisdiction and powers conferred on Family Court Associates by the Family Court Act 1980 or any other enactment, Family Court Associates have the jurisdiction and powers specified in these rules.
(2)
However, nothing in these rules confers, or is to be taken to confer, any jurisdiction or powers of the court or a Judge on Family Court Associates—
(a)
in relation to proceedings under—
(i)
the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003:
(ii)
the Mental Health (Compulsory Assessment and Treatment) Act 1992:
(iii)
the Oranga Tamariki Act 1989:
(iv)
the Substance Addiction (Compulsory Assessment and Treatment) Act 2017:
(b)
to take any step in a proceeding under the Care of Children Act 2004 that is classified as a complex case (see rule 416UA):
(c)
to hear and determine an interlocutory application that—
(i)
is made without notice in reliance on rule 220(2)(a):
(ii)
is an application for a rehearing:
(d)
to hear and determine a substantive application (whether made on notice or without notice) unless authorised by the Act under which the application is made:
(e)
to commit a person to a prison or to enforce an order by committal:
(f)
to review any decision of a Judge.
6 Rule 12 amended (Powers of Registrars under rules)
In rule 12(2)(b) and (4), before “Judge”
, insert “Family Court Associate or”
.
7 Rule 14 amended (Directions in case of doubt)
Replace rule 14(1) and (2) with:
(1)
A person in doubt about any matter of procedure under these rules may make an interlocutory application without notice to the court for directions, and the court may make a decision and give directions on that matter.
(2)
If there is a doubt about the application of a rule to any proceedings, the court may make a decision and give directions—
(a)
on an interlocutory application without notice made for the purpose by any person; or
(b)
on its own initiative.
8 Rule 15 amended (Matters not expressly provided for in rules)
Replace rule 15(1) with:
(1)
The court must deal with any matter not provided for by any enactment (including any of these rules)—
(a)
under provisions of these rules dealing with similar matters if that can be done; or
(b)
in a way decided by the court, in the light of the purpose of these rules, if the court considers the matter cannot be dealt with under provisions of these rules dealing with similar matters.
9 Rule 16 replaced (Judges may give directions to regulate court’s business)
Replace rule 16 with:
16 Directions to regulate court’s business
(1)
A Family Court Associate or Judge presiding over the court may, at any time, give any directions that they think proper for regulating the court’s business.
(2)
This rule is subject to rule 13(1).
10 Rule 30 amended (Procedure if applications presented or accepted for filing in wrong office of the court)
(1)
In rule 30(2) and (4), before “Judge”
, insert “Family Court Associate or”
.
(2)
In rule 30(3), replace “Judge may, on his or her”
with “Family Court Associate or Judge may, on their”
.
11 Rule 31 amended (Procedure if applications presented for filing but incomplete or otherwise not in order)
In rule 31(2), replace “a Judge”
with “the court”
.
12 Rule 32 amended (Procedure if application on notice accepted for filing)
In rule 32(5), replace “A Judge may, on his or her”
with “A court may, on its”
.
13 Rule 36 amended (Who must be served with applications on notice)
In rule 36, replace “a Registrar or Judge”
with “the court or a Registrar”
.
14 Rule 41 amended (Time within which notice of defence, or notice of intention to appear, to be filed and served)
In rule 41(c), replace “Judge”
with “court”
.
15 Rule 43 amended (Appearance under protest to jurisdiction)
(1)
Replace rule 43(4) with:
(4)
On hearing an application under subclause (3), a Judge,—
(a)
if satisfied that they have no jurisdiction to hear and determine the proceedings, must dismiss them; but
(b)
if satisfied that they have jurisdiction to hear and determine the proceedings, must dismiss the application and set aside the appearance.
(2)
Replace rule 43(6) with:
(6)
On hearing an application under subclause (5), a Judge,—
(a)
if satisfied that they have jurisdiction to hear and determine the proceedings, must set aside the appearance; but
(b)
if satisfied that they have no jurisdiction to hear and determine the proceedings, must dismiss both the application and the proceedings.
(3)
In rule 43(7), replace “court, in exercising its”
with “Judge, in exercising their”
.
16 Rule 47 amended (Getting more information or getting admissions)
(1)
In rule 47(1)(d), replace “Judge”
with “court”
.
(2)
In rule 47(2), replace “unless the Judge”
with “unless the court”
in each place.
17 Rule 48 amended (Evidence at hearing generally to be by affidavit)
In rule 48(2), replace “the court, on its”
with “a Judge, on their”
.
18 Rule 49 amended (Procedure when evidence given by affidavit)
In rule 49(b), replace “a Judge”
with “the court”
.
19 Rule 52 amended (Conferences)
(1)
Replace rule 52(1) with:
(1)
In proceedings under the Oranga Tamariki Act 1989, the following conferences may be convened:
(a)
a mediation conference (see rules 292 to 293):
(b)
a judicial conference (see rules 294 to 295B).
(1A)
In proceedings under the Protection of Personal and Property Rights Act 1988, a pre-hearing conference may be convened (see rules 413 and 414).
(2)
In rule 52(2), replace “The Judge may at any time before or during the hearing of an application, either on his or her”
with “In any proceedings, the court may at any time before or during the hearing of an application, either on its”
.
(3)
In rule 52(2A)(a), replace “Judge”
with “court”
.
20 Rule 52A amended (Judge may require Registrar to fix date and time for hearing of application)
(1)
In the heading to rule 52A, before “Judge”
, insert “Family Court Associate or”
.
(2)
In rule 52A(1), replace “A Judge may, at any time on his or her”
with “The court may, at any time on its”
.
(3)
In rule 52A(2), replace “a Judge”
with “the court”
.
21 Rule 52D amended (Only certain steps may be taken after notice of hearing date given)
In rule 52D(2), replace “a Judge”
with “the court”
.
22 Rule 55 amended (Procedure if some or all parties do not appear)
In rule 55(1) and (3), replace “court”
with “Judge”
.
23 Rule 56 amended (Judgment following non-appearance may be set aside)
In rule 56, replace “court on any terms it considers just if it appears to the court”
with “Judge on any terms they consider just if it appears to the Judge”
.
24 Rule 57 amended (Procedure if all parties appear)
(1)
In rule 57(1) and (2), replace “court”
with “Judge”
.
(2)
In rule 57(3), replace “court directs”
with “Judge directs”
.
25 Rule 58 amended (What court may do at end of hearing)
(1)
In the heading to rule 58, replace “court”
with “Judge”
.
(2)
In rule 58(1) and (2), replace “court”
with “Judge”
.
26 Rule 59 amended (Rehearings)
In rule 59(b), replace “the court”
with “a Judge”
.
27 Rule 99 amended (Notices)
In rule 99(2), delete “Judge or”
in each place.
28 Rule 101 amended (Documents to be served)
In rule 101(1)(f), replace “Judge”
with “court”
.
29 Rule 116 amended (Address for service on party or other person)
(1)
In rule 116(1)(g), replace “a Judge or Registrar”
with “the court or a Registrar”
.
(2)
In rule 116(2), replace “Judge or Registrar”
with “court or a Registrar”
.
30 Rule 126 amended (Order dispensing with or changing service required)
In rule 126(2), replace “Judge”
with “court”
.
31 Rule 132 amended (Changing times by which things to be done)
(1)
Replace rule 132(2)(a) with:
(a)
the court on such terms and conditions (if any) it thinks fit if—
(i)
each person or party affected consents; or
(ii)
whether or not an interlocutory application for the purpose is filed, the court considers it appropriate in the circumstances to avoid undue hardship or a risk of harm to any person; or
(2)
Replace rule 132(3)(a) with:
(a)
the court on such terms and conditions (if any) it thinks fit if—
(i)
each person or party affected consents; or
(ii)
whether or not an interlocutory application for the purpose is filed, the court is satisfied that it is in the interests of justice to make the order; or
(3)
Replace rule 132(4) with:
(4)
An order varying an order made under subclause (2) or (3) may be made by the court or a Registrar on such terms and conditions (if any) the court or Registrar thinks fit if—
(a)
each person or party affected consents; or
(b)
an interlocutory application for the purpose is filed (whether before or after the time has expired) and the court or Registrar considers it appropriate in the circumstances.
32 Rule 139 amended (Further particulars)
(1)
In rule 139(3), replace “a Judge”
with “the court”
.
(2)
In rule 139(3)(a), replace “the Judge”
with “the court”
.
33 Rule 153 amended (Notice to produce documents)
In rule 153(1)(b), before “Judge”
, insert “Family Court Associate,”
.
34 Rule 162A amended (Unsigned affidavit)
In rule 162A(3)(a), replace “a Judge”
with “the court”
.
35 Rule 171 amended (Evidence by deposition: District Court Rules 2014 apply)
In rule 171(3), replace “a Judge or Registrar of a power or jurisdiction that he or she”
with “the court or a Registrar of a power or jurisdiction that the court or Registrar”
.
36 Rule 174 replaced (Judge may direct that judicial conference be held)
Replace rule 174 with:
174 Judicial conference: direction to convene
To ensure that an application is determined as fairly, inexpensively, simply, and speedily as is consistent with justice, the court may direct that a judicial conference be held.
37 Rule 175 amended (Judicial conference: nature and purpose)
(1)
Replace rule 175(1) with:
(1)
A judicial conference is presided over by a Family Court Associate or Judge (the presiding officer).
(1A)
However, only a Judge may preside over a judicial conference convened in proceedings under the Oranga Tamariki Act 1989.
(2)
In rule 175(2), replace “a Judge to make any orders and give any directions that the Judge”
with “the presiding officer to make orders and give directions that the presiding officer”
.
38 Rule 175A amended (Judicial conference: how convened)
In rule 175A(1), delete “by a Judge”
.
39 Rule 175C replaced (Judicial conference: adjournment)
Replace rule 175C with:
175C Judicial conference: adjournment
The presiding officer may from time to time adjourn the judicial conference to another time and place.
40 Rule 175D amended (Judicial conference: orders and directions pending determination of application)
(1)
Replace rule 175D(1) with:
(1)
At a judicial conference, the presiding officer may, pending determination of an application, make any orders and directions that the presiding officer is authorised to make by—
(a)
the family law Act under which the proceedings arise; and
(b)
these rules.
(2)
In rule 175D(2), replace “the Judge may”
with “the presiding officer may”
.
(3)
In rule 175D(2)(o), replace “Judge”
with “presiding officer”
.
(4)
After rule 175D(2), insert:
(3)
An order under subclause (2)(j) may only be made by a Family Court Associate presiding over a judicial conference if the Act under which the application is brought authorises a Family Court Associate to make an order of that kind.
41 Rule 175E amended (Judicial conference: order determining application)
In rule 175E(2), replace “Judge”
with “officer, if a Judge,”
.
42 Rule 176 amended (Non-compliance with orders or directions)
(1)
In rule 176(1) and (3), replace “Judge”
with “presiding officer”
.
(2)
In rule 176(1) and (3), replace “rule 175”
with “rule 175D”
.
(3)
Replace rule 176(2) with:
(2)
If the respondent fails to comply with an order made, or a direction given, by the presiding officer under rule 175D, the court may order that the respondent be allowed to appear at the hearing and defend the application only on terms that the presiding officer directs.
43 Rule 178 amended (Settlement conference)
(1)
In rule 178(2), delete “by a Judge”
.
(2)
Replace rule 178(3) with:
(3)
The Family Court Associate or Judge presiding over a settlement conference (the presiding officer) may from time to time adjourn the conference to another time and place.
44 Rule 179 amended (Consent order may be made at settlement conference)
(1)
In rule 179(1), replace “The Judge”
with “A Judge”
.
(2)
After rule 179(1), insert:
(1A)
A Family Court Associate presiding over a settlement conference may make an order settling some or all of the issues in dispute in the proceedings if the Family Court Associate is authorised to make an order of that kind by the Act under which the proceedings are brought.
(3)
In rule 179(2), after “Judge”
, insert “or a Family Court Associate”
.
45 Rule 179A replaced (Settlement conference becomes judicial conference if issues in dispute cannot be settled)
Replace rule 179A with:
179A Settlement conference becomes judicial conference if issues in dispute cannot be settled
(1)
If the presiding officer is satisfied that the issues in dispute between the parties or intended parties cannot be settled, the presiding officer must, as soon as practicable, indicate to the persons attending the settlement conference that they have formed that view.
(2)
When an indication has been given under subclause (1), the settlement conference becomes a judicial conference and the presiding officer may make any orders and directions that the presiding officer may make under rule 175D.
46 Rule 181 amended (Further powers of Judge to ensure proceedings dealt with speedily)
(1)
In the heading to rule 181, replace “Judge”
with “court”
.
(2)
In rule 181(1)(d), replace “Judge”
with “court”
.
47 Rule 194 amended (Stay or dismissal)
48 Rule 195 amended (Dismissal if proceedings or defence not prosecuted)
Replace rule 195(2) with:
(2)
On an application under subclause (1), a Judge may make any order they consider just.
49 Rule 195A amended (Discontinuance)
(1)
Replace rule 195A(2)(a) with:
(a)
a Family Court Associate or Registrar, if the Family Court Associate or Registrar has power to hear and determine the applicant’s substantive application; or
(2)
In rule 195A(3), replace “Registrar or the”
with “Family Court Associate, Registrar, or”
.
(3)
In rule 195A(4), replace “Registrar”
with “Family Court Associate, Registrar,”
.
50 Rule 195B amended (Court may set discontinuance aside)
(1)
In rule 195B(3), after “Judge”
, insert “(or Family Court Associate if the discontinuance order was made by the Registrar)”
.
(2)
Replace rule 195B(4) with:
(4)
On the hearing of an interlocutory application made under subclause (1), a Family Court Associate or Judge may make an order setting the discontinuance aside if they are satisfied that in all the circumstances it is appropriate to do so.
51 Rule 196 amended (Judgment and reasons for judgment defined)
In rule 196, replace the definition of reasons for judgment with:
reasons for judgment means—
(a)
the written reasons given by the Family Court Associate or Judge for their decision; or
(b)
if a Family Court Associate or Judge gives reasons orally, a proper report, approved by the Family Court Associate or Judge, of the oral statement made by them of the reasons for their decision.
52 Rule 197 amended (Time and mode of giving judgment)
In rule 197(1), (2), (3), (4), and (6), before “Judge”
, insert “Family Court Associate or”
in each place.
53 Rule 198 amended (Judgments to be sealed and dated)
In rule 198(2)(a), replace “Judge”
with “court”
.
54 Rule 199 amended (When drawing up of order unnecessary)
In rule 199(g), before “Judge”
, insert “Family Court Associate or”
.
55 Rule 205 replaced (Death, etc, of Judge before judgment)
Replace rule 205 with:
205 Death, etc, of Judge or Family Court Associate before judgment
(1)
If a Family Court Associate or Judge who has signed a judgment or reasons for a judgment dies or retires or becomes otherwise incapable before the judgment is given or the reasons are delivered, another Family Court Associate or Judge or a Registrar may give that judgment or deliver those reasons.
(2)
If subclause (1) does not apply and a Family Court Associate or Judge dies or retires or otherwise becomes incapable of giving a judgment, the proceedings or issue must be reheard.
56 Rule 206A replaced (Authentication of electronic documents transmitted by Judges)
Replace rule 206A with:
206A Authentication of electronic documents transmitted by Family Court Associates or Judges
A document (including an order or direction) that is to be transmitted electronically by a Family Court Associate or Judge may be authenticated by the Family Court Associate or Judge by any means that adequately identifies—
(a)
the Family Court Associate or Judge; and
(b)
the date of the authentication.
57 Rule 209 amended (Application for rehearing)
In rule 209(5), replace “the court”
with “a Judge”
.
58 Rule 210 amended (Court may order rehearing)
(1)
In the heading to rule 210, replace “Court”
with “Judge”
.
(2)
Replace rule 210(1) with:
(1)
On an application for a rehearing of an application, a Judge may order a rehearing of all or any part of the application if (and only if) they consider that there has been a miscarriage of justice in the proceedings.
59 Rule 211 amended (Evidence by affidavit on application for rehearing)
(1)
In rule 211(1) and (2), replace “the court”
with “a Judge”
.
(2)
In rule 211(3), replace “the court”
with “the Judge”
.
60 Rule 212 amended (Order for rehearing)
(1)
Replace rule 212(1) with:
(1)
A Judge may order a rehearing on any terms the Judge thinks fit.
(2)
In rule 212(2) and (3), replace “The court”
with “A Judge”
.
(3)
Replace rule 212(4) with:
(4)
If a Judge considers that the miscarriage of justice affects only part of a matter in dispute in the proceedings, they may—
(a)
make an order (other than an order for a rehearing) as to the part not so affected; and
(b)
order a rehearing as to the affected part only.
61 Rule 213 amended (Procedure for rehearing)
Replace rule 213(1) with:
(1)
If a Judge orders a rehearing of all or any part of an application,—
(a)
the Judge must rehear the proceedings; and
(b)
the Judge or a Registrar must fix a time and place for the rehearing.
62 Rule 217 amended (Consent memoranda instead of applications)
In rule 217(3)(b) and (4), before “Judge”
, insert “Family Court Associate or”
.
63 Rule 219 amended (Who must be served with copy of application on notice)
In rule 219(1), replace “a Registrar or Judge”
with “the court or a Registrar”
.
64 Rule 220 amended (Applications that may be made without notice)
(1)
In rule 220(2), delete “the court is satisfied that”
.
(2)
In rule 220(2)(a), before “the delay”
, insert “a Judge is satisfied that”
.
(3)
In rule 220(2)(b), before “the application”
, insert “a Family Court Associate or Judge is satisfied that”
.
(4)
In rule 220(2)(c), before “every person”
, insert “a Family Court Associate or Judge is satisfied that”
.
65 Rule 221 amended (Applications to be heard and determined by Registrars)
After rule 221(1), insert:
(1A)
However, a Registrar does not have the jurisdiction of a Judge to hear and determine an interlocutory application that—
(a)
is made without notice in reliance on rule 220(2)(a); or
(b)
is an application for a rehearing.
66 Rule 223 amended (Form of applications)
In rule 223(2), replace “Judge”
with “court”
.
67 Rule 224 replaced (Evidence on applications)
Replace rule 224 with:
224 Evidence on applications
No affidavit need be filed with an application in the first instance, but the court or a Registrar may direct evidence to be given in any manner the court or Registrar thinks fit.
68 Rule 227 amended (Registrar may transfer for hearing to another court office application accepted for filing)
In rule 227(1), before “Judges”
, insert “Family Court Associates or”
.
69 Rule 228 amended (Procedure if applications without notice accepted for filing)
(1)
Replace rule 228(1) with:
(1)
If an application that is made without notice in reliance on rule 220(1) or (2)(b) or (c) is presented and accepted for filing in the court, a Judge or Family Court Associate or, as the case requires, a Registrar must,—
(a)
if they consider that no appearance by the applicant is required, make any order on the application they think fit or dismiss the application; or
(b)
if they consider that an appearance by the applicant is required, fix a date and time for the hearing of the application under rule 234 and inform the applicant of that date and time.
(1A)
If an application that is made without notice in reliance on rule 220(2)(a) is presented and accepted for filing in the court, a Judge must,—
(a)
if they consider that no appearance by the applicant is required, make any order on the application they think fit or dismiss the application; or
(b)
if they consider that an appearance by the applicant is required, fix a date and time for the hearing of the application under rule 234 and inform the applicant of that date and time.
(2)
In rule 228(2), after “subclause (1)(a)”
, insert “or (1A)(a)”
.
70 Rule 235 replaced (Registrar may refer application to Judge)
Replace rule 235 with:
235 Registrar may refer application to Family Court Associate or Judge
(1)
A Registrar to whom an application is made and who is in doubt as to the proper order to be made on the application may immediately, or at the next convenient opportunity, refer the application to—
(a)
a Family Court Associate, if a Family Court Associate has jurisdiction in respect of the application; or
(b)
a Judge.
(2)
The Family Court Associate or Judge may hear and determine the application and make any orders they think fit.
71 Rule 236 replaced (Judge may vary or rescind order made by Registrar)
Replace rule 236 with:
236 Order made by Registrar may be varied or rescinded
(1)
This rule applies to a party if a Registrar has made an order on an application, and the party is dissatisfied with the order.
(2)
The party may, by another application that must be made on notice, ask a Family Court Associate or Judge (who need not be the Family Court Associate or Judge before whom other applications in the proceedings are pending) to vary or rescind the order.
(3)
On hearing the other application, the Family Court Associate or Judge may vary or rescind the order.
72 Rule 237 amended (Enforcement of orders)
(1)
In rule 237(1)(a) and (b), replace “the court”
with “a Judge or Family Court Associate”
.
(2)
In rule 237(1)(c), replace “the court”
with “a Judge”
.
(3)
Replace rule 237(2) with:
(2)
A Judge or Family Court Associate may make an order under subclause (1) on their own initiative or on another application for the purpose.
73 Rule 250 amended (Registrar to give notice of making of interim order)
In rule 250, replace “the court makes an interim order”
with “an interim order is made”
.
74 Rule 252 amended (Adoption order)
In rule 252(2)(a), replace “the court”
with “a Family Court Judge or District Court Judge”
.
75 Rule 263 amended (Notice by advertisement by order under section 224 of Act)
In rule 263(1), replace “the court makes an order”
with“ an order is made”
.
76 Rule 267 amended (Fixing date and time for hearing)
In rule 267(1), replace “a Judge”
with “the court”
.
77 Rule 268 amended (Respondent added as party)
In rule 268(2)(b), replace “court”
with “Judge”
.
78 Rule 272 amended (Procedure on arrest of respondent other than in respect of offence)
In rule 272(2) and (3), replace “court”
with “Judge”
in each place.
79 Rule 274 amended (Interpretation)
In rule 274, insert in its appropriate alphabetical order:
court does not include a Family Court Associate
80 Rule 314 amended (Notice of defence when application on notice)
In rule 314(3)(c), replace “the court”
with “a Judge”
.
81 Rule 317 amended (Temporary property orders made on application without notice)
(1)
Replace rule 317(1)(b) with:
(b)
a temporary protection order is made at the same time; and
(2)
Replace rule 317(3)(b) with:
(b)
a temporary protection order is not made at the same time; and
82 Rule 318 amended (Registrar to issue order when temporary order becomes final or is confirmed)
In rule 318(2), replace “the court confirms a temporary order (with or without variation)”
with “a temporary order (with or without variation) is confirmed”
.
83 Rule 320 amended (How notice of objection to be dealt with)
In rule 320(2), before “Judge”
, insert “Family Court Associate or”
.
84 Rule 322 amended (Witness summons calling respondent or associated respondent before court)
(1)
In rule 322(1), before “Judge”
, insert “Family Court Associate or”
.
(2)
In rule 322(2), replace “the court”
with “a Judge”
.
85 Rule 323 amended (Certain documents to be served with temporary protection orders and temporary property orders)
(1)
In rule 323(2), replace “a Judge”
with “the court”
.
(2)
In rule 323(2)(a) and (b), replace “the Judge”
with “the court”
.
86 Rule 324 amended (Extension of period for service)
(1)
Replace rule 324(2) with:
(2)
A Judge may, in accordance with section 149(2) and (3) of the Act, extend the period within which the order may be served, either on their own initiative or on an interlocutory application by a party for the purpose.
(2)
In rule 324(3), replace “court’s”
with “Judge’s”
.
87 Rule 329 amended (Notice to be given to foreign court or authority)
In rule 329(2), replace “the court makes”
with “a Judge makes”
.
88 Rule 351 amended (Restrictions on fixing date and time for hearing)
In rule 351(a), replace “a Judge”
with “the court”
.
89 Rule 352 amended (Fixing date and time for hearing: notice of defence filed)
In rule 352(1A), replace “a Judge”
with “the court”
.
90 Rule 357 amended (Proof of service of certain applications)
In rule 357(2), replace “The court”
with “A Judge”
.
91 Rule 358 amended (Proof of service of applications on Registrar’s list of section 37 applications)
In rule 358(e), delete “or Judge”
.
92 Rule 359 amended (Intervention in proceedings relating to status of marriage or civil union)
In rule 359(1), delete “or a Judge”
.
93 Rule 365 amended (Order on application for confirmation of provisional order)
In rule 365(1), replace “If the court”
with “If a Judge”
.
94 Rule 367 amended (Joinder of other parent in proceedings under Family Proceedings Act)
(1)
In rule 367(1), replace “the court’s”
with “a Judge’s”
.
(2)
In rule 367(2), replace “the court may”
with “a Judge may”
.
(3)
In rule 367(2)(c), replace “court”
with “Judge”
.
95 Rule 369 amended (Procedure on arrest of respondent other than in respect of offence)
(1)
In rule 369(5) and (6), replace “a Judge or Registrar”
with “the court or a Registrar”
.
(2)
In rule 369(7), replace “A Judge”
with “The court”
.
96 Rule 370 amended (Copies of orders varying maintenance orders)
In rule 370(1), replace “the court varies”
with “a Judge varies”
.
97 Rule 392 amended (Affidavit in support)
In rule 392(3), replace “a Judge or Registrar”
with “the court or a Registrar”
.
98 Rule 397 amended (Meaning of party A and party B in rules 398 to 404)
In rule 397(1), definition of party A, replace “a Judge”
with “the court”
.
99 Rule 398 amended (Affidavit of assets and liabilities to be filed and served)
(1)
Replace rule 398(3) with:
(3)
The court may, on its own initiative or on an interlocutory application for the purpose, require a party to any proceedings (not being proceedings under section 25(1)(a) of the Act) to file, within the time specified by the court, an affidavit of assets and liabilities in form P(R) 1.
(2)
In rule 398(4), replace “a Judge”
with “the court”
.
100 Rule 399 amended (Failure by applicant to file affidavit of assets and liabilities)
In rule 399, replace “a Judge, a Judge”
with “the court, the court”
.
101 Rule 400 amended (Filing inadequate affidavit of assets and liabilities)
(1)
In rule 400(2), replace “a Judge”
with “the court”
.
(2)
In rule 400(3), replace “a Judge or Registrar”
with “the court or a Registrar”
.
(3)
Replace rule 400(5) with:
(5)
In exercising the power under section 40 of the Act to make an order as to costs, a Judge or Family Court Associate must take into account a failure by any party to file an affidavit of assets and liabilities or, as the case requires, the filing of an inadequate affidavit of assets and liabilities.
102 Rule 401 amended (Failure to attend for examination or to comply with directions)
(1)
In rule 401(1), replace “a Judge”
with “the court”
.
(2)
In rule 401(2), replace “Judge”
with “court”
.
(3)
Replace rule 401(3) with:
(3)
Party A may continue in the proceedings (whether as applicant or respondent) only if the court orders that party A be allowed to continue, and the court may make that order on such terms as it thinks fit.
103 Rule 402 amended (Power to summon witness)
(1)
In rule 402(1), replace “A Judge”
with “The court”
.
(2)
In rule 402(1), replace “the Judge”
with “the court”
.
(3)
In rule 402(4), replace “a Judge”
with “the court”
.
104 Rule 404 amended (Conduct of examination)
In rule 404(4), replace “Judge”
with “court”
.
105 Rule 412 amended (Service on persons other than parties)
(1)
In rule 412(1), after “Registrar”
, insert “or Family Court Associate”
.
(2)
In rule 412(3), after “Registrar”
, insert “or Family Court Associate”
in each place.
(3)
Replace rule 412(4) with:
(4)
If a Registrar declines to give a direction under this rule, the party seeking the direction may request that the matter be referred to a Family Court Associate, who may give or decline the direction as the Family Court Associate thinks fit.
(5)
If a Family Court Associate declines to give a direction under this rule, the party seeking the direction may request that the matter be referred to a Judge, who may give or decline the direction as the Judge thinks fit.
106 Rule 413 amended (Pre-hearing conference)
In rule 413(3), after “Judge”
, insert “or Family Court Associate”
.
107 Rule 415 amended (Fixing date and time for hearing)
In rule 415(1), replace “a Judge”
with “the court”
.
108 Rule 416 amended (Proof of service of applications)
In rule 416(1)(b), delete “or a Judge”
.
109 Rule 416B amended (Interpretation)
In rule 416B, definition of hearing, paragraph (d), replace “a Judge”
with “the court”
.
110 Rule 416C amended (Overview of proceedings)
In rule 416C(4), delete the last sentence.
111 Rule 416I amended (What happens with applications filed on notice)
(1)
In rule 416I(2), replace “Judge”
with “the court”
.
(2)
In rule 416I(4), replace “A Judge may, on his or her”
with “The court may, on its”
.
112 Rule 416K amended (Notice of response by respondent who opposes application)
(1)
In rule 416K(3)(a), replace “a Judge or Registrar”
with “the court or a Registrar”
.
(2)
In rule 416K(3)(c), replace “Judge or Registrar”
with “court or a Registrar”
.
113 Rule 416P amended (Proceedings dealt with on tracks)
After rule 416P(2), insert:
(3)
If an application is made on notice and is proceeding on the simple track or standard track (other than in a proceeding classified as a complex case), a Family Court Associate may, at any stage of the proceeding, except as otherwise specifically provided in the Act or this Part and without limitation, do any of the following:
(a)
convene a settlement conference and make 1 or more consent orders:
(b)
do all or any of the things specified in subclause (2)(b) to (j).
114 Rule 416Q amended (Restriction on further evidence being filed)
In rule 416Q(a) and (b), replace “a Judge”
with “the court”
.
115 Rule 416R amended (What happens when FDR is ordered)
(1)
In rule 416R(1), replace “a Judge”
with “the court”
.
(2)
Replace rule 416R(2) with:
(2)
After the court receives that form, a Family Court Associate or Judge must review the application on the papers in Chambers in light of the outcome of FDR.
(3)
Following the review of the papers,—
(a)
the Family Court Associate or Judge may make any directions they think fit, including (if necessary) identifying which type of conference or hearing is to follow (for example, a Family Court Associate may direct that a settlement conference be convened so that they may make consent orders):
(b)
the Judge may make any orders they think fit.
116 Rule 416S amended (Standard track)
(1)
In rule 416S(1)(b), replace “a Judge”
with “the court”
.
(2)
In rule 416S(2), before “Judge”
, insert “Family Court Associate or”
.
(3)
Replace rule 416S(3) with:
(3)
Following that consideration,—
(a)
the Family Court Associate or Judge may make any directions they think fit and must, unless the parties are directed to FDR, make 1 of the following directions:
(i)
a direction that an issues conference be convened (see rule 416X):
(ii)
a direction that a settlement conference be convened (see rule 416Y), but only if it appears that issues in dispute are likely, without an issues conference, to be able to be settled by way of a settlement conference:
(iii)
a direction that the application proceed to a hearing (see rules 416ZD to 416ZH):
(b)
the Judge may also make any interim orders they think fit.
(4)
Revoke rule 416S(4) and (5).
117 Rule 416UA amended (Complex case on standard track or without notice track)
(1)
Replace rule 416UA(1) with:
(1)
The court may classify as a complex case any proceedings that are being dealt with on the standard track or without notice track, but only if the court is satisfied that the proceedings require a greater degree of judicial oversight than is ordinarily provided in proceedings under the Act.
(2)
Replace rule 416UA(3) with:
(3)
If a case is classified as a complex case by a Judge, the Judge must personally (wherever practicable) take over all subsequent steps in the proceedings unless or until the Judge decides that it is no longer a complex case.
(4)
If a case is classified as a complex case by a Family Court Associate, a Judge must personally take over all subsequent steps in the proceedings unless or until the Judge decides that it is no longer a complex case.
(5)
A case management conference may be convened at any time in connection with any proceedings classified as a complex case.
118 Rule 416V amended (Simple track)
(1)
In rule 416V(1)(a), replace “and”
with “or”
.
(2)
In rule 416V(2), before “Judge”
, insert “Family Court Associate or”
.
(3)
Replace rule 416V(4) to (7) with:
(4)
Following that consideration,—
(a)
the Family Court Associate must, if possible, dispose of the proceedings by convening a settlement conference (which may be held by electronic means (see rule 416W)) and making orders by consent:
(b)
the Judge must, if possible, dispose of the proceedings by making all necessary final orders.
(5)
If it is not possible to dispose of the proceedings at that time,—
(a)
the Family Court Associate or Judge may make any directions they consider appropriate, but must make at least 1 of the following directions:
(i)
a direction that the parties attend an issues conference (see rule 416X):
(ii)
a direction that the application proceed to a formal proof hearing (see rule 416ZH):
(iii)
a direction that any party provide further written information or evidence, in which case, on receipt of the information or evidence, a Family Court Associate or Judge (not necessarily the same Family Court Associate or Judge who originally considered the application) must again consider the matter on the papers and subclause (4) and this subclause then apply; and
(b)
a Judge who considers an application on the papers may make any interim orders they think appropriate.
119 Rule 416W amended (General rules about conferences)
(1)
Replace rule 416W(2) with:
(2)
When the court directs that a conference be held, the court may give the direction on such terms as it thinks fit, and rule 175B(1) and (2) (about a Registrar giving notice of a conference) applies as if the conference were a judicial conference.
(2)
In rule 416W(3), replace “a Judge”
with “the court”
.
(3)
Replace rule 416W(4) with:
(4)
Every conference under this Part, other than a case management conference, must be presided over by a Family Court Associate or Judge.
(4A)
A case management conference may only be presided over by a Judge.
(4)
In rule 416W(5), replace “The presiding Judge”
with “A Judge presiding over a conference”
.
(5)
After rule 416W(5), insert:
(5A)
A Family Court Associate presiding over an issues conference, a directions conference, or a pre-hearing conference may make any of the orders and directions that they make under rule 175D(2).
(6)
In rule 416W(6), replace “a Judge or Registrar”
with “the court or a Registrar”
.
(7)
In rule 416W(7), replace “Judge”
, with “presiding officer”
.
120 Rule 416X replaced (Issues conference)
Replace rule 416X with:
416X Issues conference
(1)
The purpose of an issues conference is to enable the presiding Family Court Associate or Judge, having seen and spoken with the parties to an application, to give directions in accordance with subclauses (2) and (3) (as applicable) and make any other directions they think fit.
(2)
At the end of an issues conference held for proceedings on the simple track, the presiding Family Court Associate or Judge must—
(a)
direct that the application proceed to a formal proof hearing; or
(b)
direct that the matter be dealt with on the standard track.
(3)
At the end of an issues conference held for proceedings on the standard track, unless a Family Court Associate or Judge has directed the parties to attend FDR, the presiding Family Court Associate or Judge must—
(a)
identify the issues in dispute; and
(b)
direct—
(i)
that a settlement conference be convened (which may be convened immediately following the issues conference); or
(ii)
that the application proceed to a hearing.
(4)
A Judge presiding over an issues conference may also make any orders they think appropriate.
121 Rule 416Y amended (Settlement conference)
(1)
In rule 416Y(1), replace “Judge”
with “Family Court Associate or Judge presiding over the conference (the presiding officer)”
.
(2)
Replace rule 416Y(3) with:
(3)
The presiding officer may, on request by a party, permit any person to attend a settlement conference as a support person for that party, and the presiding officer must agree to such a request unless the presiding officer considers there is a good reason why the named support person should not be permitted to be present.
(3)
In rule 416Y(4), replace “Judge may make any direction that he or she thinks”
with “presiding officer may make any directions that they think”
.
(4)
Replace rule 416Y(4)(b) with:
(b)
direct that the application proceed to a hearing, but only if—
(i)
the presiding officer is satisfied that all the issues in dispute between the parties cannot be settled at the settlement conference; and
(ii)
the presiding officer has indicated to the persons attending the conference that the presiding officer has formed that view:
(5)
Replace rule 416Y(5) with:
(5)
If the presiding officer directs, under subclause (4)(b), that the application proceed to a hearing,—
(a)
the presiding officer may do any of the relevant things referred to in rule 175D(2); and
(b)
the presiding officer may do anything referred to in rule 416Z(2); and
(c)
if the presiding officer directs also that a directions conference be held, the directions conference must be convened, if reasonably practicable, within 4 weeks after the settlement conference.
(6)
In rule 416Y(6), replace “any hearing that follows it”
with “the hearing of the substantive application”
.
122 Rule 416Z amended (Directions conference)
(1)
In rule 416Z(1), replace “Judge”
with “Family Court Associate or Judge presiding over the conference (the presiding officer)”
.
(2)
In rule 416Z(2) and (4), replace “Judge”
with “presiding officer”
.
(3)
In rule 416Z(3), after “required time,”
, insert “and the presiding officer is a Judge,”
.
123 Rule 416ZB replaced (Pre-hearing conference)
Replace rule 416ZB with:
416ZB Pre-hearing conference
(1)
At the end of a directions conference, the presiding officer may, if they consider it necessary, direct that a pre-hearing conference be convened.
(2)
The purpose of a pre-hearing conference is to enable the Family Court Associate or Judge presiding over the conference (the presiding officer) to review a proceeding that is set down for hearing and to make any orders or give any directions that the presiding officer considers necessary to ensure that the proceeding will be ready to be determined at the hearing.
124 Rule 416ZC amended (Case management conference)
After rule 416ZC(2), insert:
(3)
Only a Judge may preside over a case management conference.
125 Rule 416ZD replaced (What happens when Judge directs that application proceed to hearing)
Replace rule 416ZD with:
416ZD What happens when direction is made that application proceed to hearing
When the court directs that an application proceed to a hearing, the court must at the same time specify what kind of hearing must be held.
126 Rule 416ZE amended (Hearings generally)
Replace rule 416ZE(1) with:
(1)
As soon as practicable after the court directs that an application proceed to a hearing, a Registrar must (unless the court directs otherwise) fix a date and time for the hearing.
127 Rule 416ZG amended (Submissions-only hearings)
(1)
Replace rule 416ZG(1) with:
(1)
The court may direct that a hearing be a submissions-only hearing if it is satisfied that some or all of the issues in dispute can be determined by a hearing conducted in accordance with subclause (2).
(2)
After rule 416ZG(2), insert:
(2A)
A submissions-only hearing must be heard by a Judge.
128 Rule 419 amended (Sittings when court office closed)
(1)
In rule 419(1) and (2), replace “a Judge”
with “the court”
.
(2)
In rule 419(3) and (4), replace “Judge”
with “court”
.
129 Rule 424 amended (Records)
In rule 424(3)(b), after “Judge”
, insert “, Family Court Associate,”
.
130 Rule 426 amended (Interpretation)
131 Rule 428 amended (Access to documents and court files during second access period)
In rule 428(a)(i), replace “a Judge or Registrar”
with “the court or a Registrar”
.
132 Rule 429 amended (Application for permission to access documents or court files)
In rule 429(3)(b), (4), and (6), before “Judge”
, insert “Family Court Associate or”
in each place.
133 Rule 429A amended (Review of Registrars’ decisions under rule 429)
In rule 429A(1) and (2), before “Judge”
, insert “Family Court Associate or”
in each place.
134 Rule 433 amended (Transfer of documents relating to earlier application)
In rule 433(3)(b), before “Judge”
, insert “Family Court Associate or”
.
135 Schedule 3 amended
(1)
In Schedule 3, form CS 25, replace “Judge”
with “court”
in each place.
(2)
In Schedule 3, form CS 26, replace “Judge”
with “court”
in each place.
136 Schedule 5 amended
137 Schedule 6 amended
(1)
In Schedule 6, form FP 16, replace “Judge”
with “court”
in each place.
(2)
In Schedule 6, form FP 17, replace “Judge”
with “court”
in each place.
(3)
In Schedule 6, form FP 30, before “Registrar”
, insert “Family Court Associate or”
.
(4)
In Schedule 6, form FP 31, before “Registrar”
, insert “Family Court Associate or”
.
(5)
In Schedule 6, form FP 33, before “Registrar”
, insert “Family Court Associate or”
.
(6)
In Schedule 6, form FP 49A, before “Registrar”
, insert “Family Court Associate or”
.
138 Schedule 8 amended
(1)
In Schedule 8, form P(R) 2, after “Judge”
, insert “, Family Court Associate, or Registrar”
in each place.
(2)
In Schedule 8, form P(R) 4 heading, replace “r 400(5)”
with “r 401(1)”
.
(3)
In Schedule 8, form P(R) 4, after “Judge”
, insert “(or Family Court Associate)”
.
(4)
In Schedule 8, form P(R) 5, before “Registrar”
, insert “Family Court Associate or”
.
(5)
In Schedule 8, form P(R) 6, after “Judge”
, insert “(or Family Court Associate)”
.
139 Schedule 10 amended
(1)
In Schedule 10, form COC 1, paragraph 3(a), replace “a Judge”
with “the court”
.
(2)
In Schedule 10, form COC 1, paragraphs 3(b) and (4), replace “Judge”
with “court”
in each place.
(3)
In Schedule 10, form COC 2, paragraph 4(a), replace “a judge”
with “the court”
.
(4)
In Schedule 10, form COC 2, paragraphs 4(b) and (5), replace “Judge”
with “court”
in each place.
(5)
In Schedule 10, form COC 4, before “Registrar”
, insert “Family Court Associate/”
.
Rachel Hayward,
Clerk of the Executive Council.
Explanatory note
This note is not part of the rules but is intended to indicate their general effect.
These rules, which come into force on 2 May 2024, amend the Family Court Rules 2002 (the principal rules) to confer on Family Court Associates appointed under section 7A of the Family Court Act 1980 (the Act) functions and powers additional to those set out in section 7C and Schedule 2 of the Act and any other enactments.
The amendments confer on Family Court Associates the same functions and powers in relation to matters of practice and procedure as are conferred by the principal rules on Family Court Judges. However, Family Court Associates do not have jurisdiction and powers—
in relation to proceedings under—
to take any step in a proceeding under the Care of Children Act 2004 that is classified as a complex case:
to hear and determine an interlocutory application that is—
made without notice in reliance on rule 220(2)(a) of the principal rules:
an application for a rehearing:
to hear and determine substantive applications unless authorised to do so by an Act under which the application is made:
to commit a person to a prison or enforce an order by committal:
to review any decision of a Judge.
Under Schedule 2 of the Act, Family Court Associates also have the jurisdiction and may exercise the powers conferred on Registrars of the Family Court by the principal rules.
Date of notification in Gazette: 4 April 2024.
These rules are administered by the Ministry of Justice.