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Family Proceedings Act 1980

Miscellaneous provisions

191: Savings

You could also call this:

"Old laws still apply in some cases"

Illustration for Family Proceedings Act 1980

You need to know some things about what happens when laws change. When some laws were repealed, or cancelled, certain parts of other laws will still apply. This means some rules will keep working as they were before. You will still be able to use some old laws for certain things, like changing a court order. If you had a decree of separation under an old law, it will still be valid and some of the old rules will still apply to it. Some applications that were started under an old law can still be finished under the new law. Some rules about how to apply for changes to court orders will still work, even though the law that made them has been repealed. These rules will be used in a way that is similar to how they were used before, but with some changes to make them work with the new law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM42217.

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190: Related amendments to Domestic Actions Act 1975, or

"Changes to the Domestic Actions Act 1975"

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192: Transitional provisions, or

"What happens to court cases when the law changes"

Part 11Miscellaneous provisions

191Savings

  1. Notwithstanding section 118(6), or the repeal of section 101(5) of the Domestic Proceedings Act 1968 by section 189(3), the provisions of section 246(2) of the Mining Act 1971 shall continue in force according to their tenor.

  2. The repeal of any enactment by section 189(3) shall not affect any amendments made by the enactment repealed to any other enactment.

  3. Notwithstanding section 189(3), every decree of separation that was in force under the Matrimonial Proceedings Act 1963 immediately before the commencement of that section shall continue in force according to its tenor and sections 11, 12, 14, 15, and 26(1) of the Matrimonial Proceedings Act 1963 shall continue to apply to it as if this Act had not been passed.

  4. The repeal of the Domestic Proceedings Amendment Act 1971 by section 189(3) shall not affect the saving effected by section 25 of that Act and every application under subsection (2) of that section may be made and shall proceed as if—

  5. section 25 of that Act were still in force; and
    1. the application were an application for a variation under section 99.

      1. Section 99, and any rules of practice and procedure applicable to applications under that section, shall have effect, with the necessary modifications, in relation to every application under section 25(2) of the Domestic Proceedings Amendment Act 1971.