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Family Proceedings Act 1980

Miscellaneous provisions

188: Rules of procedure

You could also call this:

"Rules for Family Court cases"

Illustration for Family Proceedings Act 1980

The Governor-General can make rules about what happens in the District Court when people are following the Family Proceedings Act 1980. You can find more information about this in Part 9. The Governor-General can also make rules about what happens in the Family Court. The rules can say what forms people need to use. They can also say who pays costs and charges in a court case. You can read more about the Family Court in the Family Court Act 1980. The rules can help courts in New Zealand talk to courts in other countries. They can also say how evidence is given in court, even if the person giving evidence is not in New Zealand. You can find more information about giving evidence in section 124(1) and about talking to other countries in Part 8. The Governor-General and the Family Court can make these rules. You can read more about court rules in the District Court Act 2016 and the Family Court Act 1980.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM42209.

Topics:
Crime and justice > Courts and legal helpFamily and relationships > Children and parentingFamily and relationships > Marriage and partnerships
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187: Regulations, or

"Rules Made by the Governor-General for the Family Proceedings Act"

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"Changes to Other Laws"

Part 11Miscellaneous provisions

188Rules of procedure

  1. Subject to Part 9, the Governor-General may from time to time, by Order in Council, make rules regulating the practice and procedure of the District Court in proceedings under this Act.

  2. Subject to Part 9, rules may be made under section 16A of the Family Court Act 1980 regulating the practice and procedure of the Family Court in proceedings under this Act.

  3. Without limiting the generality of the powers conferred by subsection (1) or section 16A of the Family Court Act 1980, rules made under either of those provisions may:

  4. prescribe such forms as are necessary for the purposes of this Act:
    1. prescribe the costs and charges to be paid by one party in the proceedings to the other party, in addition to money paid out of pocket:
      1. prescribe fees payable to persons giving evidence in the proceedings and the persons liable to pay those fees; and authorise the refund or remission of those fees:
        1. require any party to the proceedings or any person required to appear in answer to a summons under section 124(1) to supply to the court particulars of both his financial means and their sources:
          1. provide for the taking of evidence in the proceedings, whether in New Zealand or elsewhere, including—
            1. the prescribing of the procedure for the taking of the evidence of witnesses who are beyond New Zealand; and
              1. the taking of evidence before any District Court Judge or the Registrar of any court (whether or not the proceedings were commenced in that court) and the making of such incidental provision as the Governor-General thinks fit, including provisions for requiring the attendance of witnesses, the answering of questions, and the production of documents:
              2. facilitate communications between courts in New Zealand and courts in countries outside New Zealand for the purpose of Part 8:
                1. provide for any other matters in respect of which rules are contemplated under this Act.

                  1. See section 228 of the District Court Act 2016 and section 16A of the Family Court Act 1980, which provide that court rules are secondary legislation.

                  Notes
                  • Section 188(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                  • Section 188(1): amended, on , by section 6 of the Family Courts Amendment Act 2000 (2000 No 65).
                  • Section 188(1A): inserted, on , by section 6 of the Family Courts Amendment Act 2000 (2000 No 65).
                  • Section 188(1A): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                  • Section 188(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                  • Section 188(2): amended, on , by section 6 of the Family Courts Amendment Act 2000 (2000 No 65).
                  • Section 188(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).