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Package of Family Violence rules and regulations made

23 May 2019

The Family Violence Act 2018 comes into effect on 1 July 2019 and seven related rules and regulations have been made. All will come into effect on 1 July 2019.

The Family Violence Act replaces the Domestic Violence Act 1995 and gives decision-makers in the family violence system better guidance on the nature and impact of family violence.

The new rules and regulations are as follows:

Evidence (Family Violence) Amendment Regulations 2019

These amend the Evidence Regulations 2007. The amendments align the principal regulations with the Family Violence Act 2018; and enable a Family Court Judge to ask the Police for a copy of a video record of a child complainant for the Family Court for allowing parties to a proceeding under the Family Violence Act 2018 or the lawyer for any of those parties to view the video record.

Family Court (Family Violence and Other Matters) Amendment Rules 2019

These rules amend the Family Court Rules 2002.

Part 1 amends the principal rules to reflect the commencement of the Family Violence Act 2018. Part 1 also amends the principal rules to enable the chief executive of the Ministry of Justice to approve forms that must be used by applicants and parties in proceedings under the Family Violence Act 2018.

Forms to be issued by the court or a Registrar in proceedings under that Act continue to be prescribed in Schedule 5 of the principal rules. Every approved form must be published on the Ministry of Justice website and be able to be downloaded free of charge from that website.

Part 2 amends the principal rules to reflect the changes made by the District Court Act 2016. That Act reconstituted the District Courts as a unitary court with a division known as the Family Court.

Family Proceedings (Family Violence) Amendment Rules 2019

These rules amend the Family Proceedings Rules 1981 to alter an information sheet to accompany applications for, or for an order varying, discharging, or suspending, a maintenance order (other than a maintenance order to which Part 8 (overseas maintenance) of the Family Proceedings Act 1980 applies). Cross-references to some revoked rules are revoked, and a reference to an associated respondent under the Domestic Violence Act 1995 is replaced with a reference to one under the replacement Family Violence Act 2018.

The principal rules apply (see rule 2 of those rules) only to the District Court’s very limited jurisdiction under the 1980 Act and the Care of Children Act 2004. Generally, only the Family Court has jurisdiction under Part 6 of the 1980 Act, and the Family Court Rules 2002 apply to proceedings in a Family Court (as those proceedings are defined in rule 5(5) of those rules). However, a District Court Judge, and the District Court, respectively, have jurisdiction under sections 82 (interim maintenance) and 99 (discharge, variation, and suspension of maintenance orders) in Part 6 of the 1980 Act.

Family Violence Regulations 2019

These regulations are made under the Family Violence Act 2018. They update and re-enact the following corresponding two sets of regulations made under the former Domestic Violence Act 1995:

Oranga Tamariki (National Care Standards and Related Matters) (Family Violence) Amendment Regulations 2019

These regulations amend the Oranga Tamariki (National Care Standards and Related Matters) Regulations 2018. The amendments align the principal regulations with the Family Violence Act 2018.

Sentencing (Family Violence) Amendment Regulations 2019

These regulations amend the Sentencing Regulations 2002. One amendment adjusts regulation 4B of the principal regulations. Regulation 4B applies if a protection order is issued by a sentencing court against an offender under section 123B of the Sentencing Act 2002.

Regulation 4B is adjusted so that it requires all directions (for assessments, non-violence programme, and prescribed standard services) made by the sentencing court under section 188 of the Family Violence Act 2018 to be sent to the Family Court.

The other amendment replaces form 11AA of the Schedule, which is the form prescribed by the principal regulations for a protection order issued by a court against an offender under section 123B of the Sentencing Act 2002. New form 11AA reflects both the Family Violence Act 2018 and the amendments made by the Family Violence (Amendments) Act 2018 to the sections of the Sentencing Act 2002 about protection orders.

Social Security (Family Violence) Amendment Regulations 2019

These regulations amend the Social Security Regulations 2018. The amendments align the principal regulations with the Family Violence Act 2018.

Last updated on the 16th September 2019