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Family Proceedings Act 1980

Miscellaneous provisions

192: Transitional provisions

You could also call this:

"What happens to court cases when the law changes"

Illustration for Family Proceedings Act 1980

When the Family Proceedings Act 1980 started, some things changed. You need to know what happens to cases that were already in court. If a criminal case was started under the old laws, it will be heard as if the old laws were still in place. This also applies to some other cases that were started under the old laws. If a case was started under the old laws and the hearing has not started yet, it will be heard under the new laws. But if the hearing has already started, it will be heard as if the new laws were not passed. Some pending prosecutions will be stopped when the new laws start. The new laws will apply to orders that were made under the old laws. But there are some exceptions, like maintenance orders that were made before the new laws started. You cannot apply to change a maintenance order that was made before the new laws started, unless 12 months have passed since the order was made or last changed. The new laws will also apply to maintenance agreements that were registered under the old laws. These agreements will have the same effect as if they were registered under the new laws. You can find more information about the laws that apply to your situation by looking at the specific sections of the Act, such as section 189 and section 99, and the Family Courts 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=DLM42218.

Topics:
Crime and justice > Courts and legal helpFamily and relationships > Children and parentingFamily and relationships > Marriage and partnerships
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Part 11Miscellaneous provisions

192Transitional provisions

  1. Notwithstanding section 189(3),—

  2. all criminal proceedings that have been commenced under the Matrimonial Proceedings Act 1963 or the Domestic Proceedings Act 1968 and are pending at the commencement of section 189 shall, subject to subsection (2) of this section, be heard and determined as if those provisions had not been repealed; and
    1. all proceedings that have been commenced under Part 2 or Part 4 of the Matrimonial Proceedings Act 1963 and are pending at the commencement of section 189 shall be heard and determined and shall have the same effect at law as if the Matrimonial Proceedings Act 1963 had not been repealed; and
      1. all other proceedings that have been commenced under any other provision of the Matrimonial Proceedings Act 1963 or the Domestic Proceedings Act 1968, and are pending at the commencement of section 189 shall, notwithstanding section 18(2) of the Family Courts Act 1980, but subject to subsection (3) of this section, be heard and determined—
        1. if the hearing of those proceedings has not commenced, under this Act; and
          1. if the hearing of those proceedings has commenced, as if this Act had not been passed.

          2. On the commencement of section 189(3), every prosecution that is then pending under section 107(1) of the Domestic Proceedings Act 1968 shall be deemed to have been stayed.

          3. On the commencement of section 189(3), all proceedings that are then pending under Part 3 of the Matrimonial Proceedings Act 1963 (other than section 17 of that Act) shall lapse, except that in any such case the court may make such order as to costs and witnesses' expenses as it thinks fit.

          4. Subject to subsections (1) to (3), this Act shall apply to every order—

          5. that has been made under the Matrimonial Proceedings Act 1963 or the Domestic Proceedings Act 1968 or to which either of those Acts applied; and
            1. is of the kind that could have been made under this Act if this Act were then in force—
                1. as if it had been made under this Act.

              1. Notwithstanding subsection (4), no application may be made under section 99 for an order varying a maintenance order that has been made before the commencement of that section, unless a period of not less than 12 months has expired since the making of the order or since the last date before the commencement of section 99 on which the order was varied; but an application for a variation of that order may nevertheless be made before the expiration of that period of 12 months under section 47 of the Matrimonial Proceedings Act 1963 or under section 85 of the Domestic Proceedings Act 1968, as the case may require, as if those sections had not been repealed.

              2. This Act shall apply to every maintenance agreement registered under the Domestic Proceedings Act 1968 at the commencement of section 83; and every agreement so registered shall, on the commencement of section 83, have effect as if it were registered under that section.

              Notes
              • Section 192(1)(c): amended, on , by section 3(2) of the Family Proceedings Amendment Act 1981 (1981 No 64).