Plain language law

New Zealand law explained for everyone

Family Proceedings Act 1980

Procedure

159: Conduct of proceedings

You could also call this:

"How the Court Handles Family Cases"

Illustration for Family Proceedings Act 1980

When you are in a court for a family matter, the court tries to keep these cases separate from other cases. The court also tries to keep family cases separate from cases under the Care of Children Act 2004 and the Property (Relationships) Act 1976. You can only be in court for a family matter if you are a court officer, a party to the case, a lawyer, a witness, an accredited news media reporter, or a support person. If you are a support person, the Judge must let you stay unless they have a good reason not to. You cannot help the person you are supporting with their case. If the Judge asks you to leave the courtroom, you must go. The Judge can still make other decisions about who can be in court, even if it is not listed here. This means the Judge can decide to hear a case in private or let someone else be in court. The Judge can also ask someone to leave the court.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM41830.

Topics:
Crime and justice > Courts and legal helpFamily and relationships > Children and parentingFamily and relationships > Marriage and partnerships
Previous

158: Proceedings by or against minors, or

"Court cases involving people under 18"

Next

160: Applications may be heard together, or

"The court can hear more than one family case at the same time if they are related."

Part 9Procedure

159Conduct of proceedings

  1. The business of courts and of Judges shall, so far as is consistent with the due despatch of business, be arranged in such manner as may be necessary for the separating of the hearing of proceedings under this Act, under the Care of Children Act 2004, and under the Property (Relationships) Act 1976 from other business.

  2. No person shall be present during the hearing of any proceedings under this Act (other than criminal proceedings or proceedings under section 130) except—

  3. officers of the court:
    1. parties to the proceedings and their barristers and solicitors:
      1. witnesses:
        1. accredited news media reporters:
          1. persons whom the Judge permits to be present as support persons for a party on a request by that party:
            1. any other person whom the Judge permits to be present.

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

              2. No support persons may help a party conduct his or her case.

              3. If, during a hearing, the Judge requests a person of any of the following kinds to leave the courtroom, the person must do so:

              4. a witness:
                1. an accredited news media reporter:
                  1. a support person whom the Judge permitted to be present under subsection (2)(cb).

                    1. Nothing in this section limits any other power of the court—

                    2. to hear proceedings in private; or
                      1. to permit a McKenzie friend to be present; or
                        1. to exclude any person from the court.

                          Notes
                          • Section 159(1): amended, on , by section 151 of the Care of Children Act 2004 (2004 No 90).
                          • Section 159(1): amended, on , by section 14 of the Family Proceedings Amendment Act 2001 (2001 No 7).
                          • Section 159(2)(ca): inserted, on , by section 24(1) of the Family Proceedings Amendment Act 2008 (2008 No 79).
                          • Section 159(2)(cb): inserted, on , by section 24(1) of the Family Proceedings Amendment Act 2008 (2008 No 79).
                          • Section 159(3): replaced, on , by section 24(2) of the Family Proceedings Amendment Act 2008 (2008 No 79).
                          • Section 159(4): replaced, on , by section 24(2) of the Family Proceedings Amendment Act 2008 (2008 No 79).
                          • Section 159(5): replaced, on , by section 24(2) of the Family Proceedings Amendment Act 2008 (2008 No 79).
                          • Section 159(6): inserted, on , by section 24(2) of the Family Proceedings Amendment Act 2008 (2008 No 79).