Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Procedural provisions - Persons entitled to be heard

119: Entitlement to be served with application

You could also call this:

"Getting a copy of the application when someone applies to the court"

Illustration for Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

When you make an application under this Act to the Family Court, others who are allowed to be at the hearing will get a copy of your application. They will also get any extra information that supports your application. You will get this information because the law says you are entitled to it. The Family Court will make sure you get this information.

If for some reason the Family Court cannot give someone their copy of the application, the court can decide not to give it to them. The court will make this decision based on what it thinks is fair. The court can set conditions for not giving someone their copy.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM225967.


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120: Obligations of district inspector on receiving copy of application, or

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Part 9Procedural provisions
Persons entitled to be heard

119Entitlement to be served with application

  1. When an application under this Act is filed in the Family Court, every person (other than the applicant) who is entitled to appear at a hearing of the application is entitled to be served with a copy of the application and any affidavit filed in support of the application.

  2. If a person cannot be served with a copy of an application in accordance with subsection (1), the Family Court may, on such terms and conditions as it thinks fit, dispense with service on that person.

Notes
  • Section 119(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).