Hon Rick Barker
Government Bill
143—2
As reported from the Social Services Committee
Commentary
Key
1 Title
2 Commencement
Part 1Adoption Act 1955
3 Principal Act amended
4 New sections 22 and 22A substituted
22 Attendance at hearings
22A Publication of reports of proceedings
Part 2Care of Children Act 2004
5 Principal Act amended
6 Lawyer to act for child
6A Interpretation
7 Agreements between parents and guardians
8 Disputes between guardians
8 Cross-heading and sections repealed
9 New sections 45 substituted
45 Family Proceedings Act 1980 dispute resolution provisions apply to certain proceedings
9 New sections 46C to 46ZF and heading inserted
46C Certain children may seek review of parent's or guardian's decision or refusal to give consent
Counselling and mediation to resolve disputes
46D Duty of lawyers to promote reconciliation and conciliation
46E Duty of Courts as to reconciliation and conciliation
46F Disputes between guardians
46G Request for counselling by party to agreement or person proposing to enter agreement
46H Request for mediation by party to an agreement or person proposing to enter agreement
46I Counselling where proceedings commenced
46J Mediation where proceedings commenced
46K Mediation conference
46L Procedure at mediation conference
46M Attendance at mediation conference
46N Power of Chairperson to make consent orders at mediation conference
46O Proceedings after mediation conference
46P Counselling for child on making of parenting order or order relating to guardianship matter
46Q Request for counselling by party to parenting order
46R Request for mediation by party to parenting order
46S Registrar may decline requests for counselling or mediation and recommend instead applications under section 68
46T Reference to counsellor
46U Duty of counsellors
46V Number of sessions of counselling
46W Counselling fees and expenses
46X Reference to mediator
46Y Duties of mediators
46Z Mediation must be held in private
46ZA Child who is attending mediation may request counselling
46ZB Mediation may be adjourned
46ZC Duration of mediation
46ZD Mediation fees and expenses
46ZE Power to require attendance for counselling or mediation
46ZF Privilege
10 Interpretation
11 Heading above section 63 amended
12 Purpose and overview of sections 64 to 80
13 Request for counselling
13 Guiding consideration and principles
14 Procedure for request under section 65(1) or (2)
14 Sections 65 to 67 repealed
15 New sections 66A and 66B inserted
66A Request for mediation
66B Procedure for request under section 66A(1), (2), or (3)
16 New section 67A inserted
67A Registrar may decline requests for mediation and recommend instead applications under section 68
17 Court may require parties to attend for counselling or for hearing of application under section 68
17 Section 69 repealed
18 Counsel to assist Court
19 Reports from other persons
19A Attendance at hearings generally
20 Publication of reports of proceedings
20 New section 139 substituted
139 Publication of reports of proceedings
20A Appeals to High Court
20B Appeal to Court of Appeal
20C Regulations
20D Other Acts not affected
Part 3Child Support Act 1991
21 Principal Act amended
22 New section 89X substituted
89X Restriction on publication of reports of proceedings
23 New section 96P substituted
96P Restriction on publication of reports of proceedings
24 New section 96ZF substituted
96ZF Restriction on publication of reports of proceedings
25 Conduct of proceedings
26 Restriction of publication of reports
26 New section 124 substituted
124 Publication of reports of proceedings
Part 4Children, Young Persons, and Their Families Act 1989
27 Principal Act amended
28 Appointment of barrister or solicitor to represent child or young person
29 Appointment of barrister or solicitor to assist Court
30 Persons entitled to be present at hearing of proceedings in Family Court
31 Persons entitled to be present at hearing of application under section 371
32 New section 437A inserted
437A Restriction on publication of reports of proceedings under Part 2, Part 3A, or section 371
437A Publication of reports of proceedings under Part 2, Part 3A, or section 371
33 Restriction on publication of reports of proceedings
Part 5Domestic Violence Act 1995
34 Principal Act amended
35 Notice of absence from programme
36 Programme provider may request variation of direction
37 New section 41A inserted
41A Powers of Registrar on receipt of notice under section 39 or 41
38 Judge may call respondent or associated respondent before Court
39 New section 42A inserted
42A Respondent or associated respondent called before Court
40 Conduct of proceedings
41 Restriction on publication of reports of proceedings
41 New section 125 substituted
125 Restriction of publication of reports of proceedings
Part 6Family Courts Act 1980
42 Principal Act amended
43 Counselling supervisors, counsellors, and other officers
44 Avoidance of unnecessary formality
45 New sections 11A to 11D inserted
11A Attendance at hearings
11B Publication of reports of proceedings
11C Meaning of identifying information
11D Meaning of child
11E Meaning of vulnerable person
11D Meaning of vulnerable person
46 Family Courts Rules
47 New sections 16B and 16C inserted
16B Regulations
16C Reviews of decisions of Registrars concerning fees
Part 7Family Proceedings Act 1980
48 Principal Act amended
49 Interpretation
50 New heading to Part 2 substituted
50A Duty of legal advisers to promote reconciliation and conciliation
51 New heading inserted
52 Counselling where proceedings commenced
53 New section 11 substituted
11 Reference to counsellor
54 New section 12 substituted
12 Duties of counsellors
54A New sections 12A and 12B substituted
12A Number of sessions of counselling
12B Counselling fees and expenses
55 New heading and sections 12C to 12J inserted
Mediation
12C Requests for mediation
12D Mediation where proceedings commenced
12E Reference to mediator
12F Duties of mediators
12G Mediation must be held in private
12H Mediation may be adjourned
12I Duration of mediation
12J Mediation fees and expenses
56 New heading inserted
56A Mediation conference
57 Procedure at mediation conference
58 New section 14A inserted
14A Attendance at mediation conference
59 Power of Chairman to make consent orders
60 Power to require attendance for counselling or mediation
61 Privilege
61 New section 18 substituted
18 Privilege
62 Duty of Courts as to reconciliation and conciliation
63 Discharge or variation of registered or confirmed order
64 Discharge, variation, etc, of child maintenance order
65 Court may make provisional order discharging, etc, child maintenance order
66 Conduct of proceedings
67 Restriction of publication of reports of proceedings
67 New section 169 substituted
169 Publication of reports of proceedings
68 Section 186 repealed
69 Regulations
Part 8Family Protection Act 1955
70 Principal Act amended
71 Claims against estate of deceased person for maintenance
Part 9Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003
72 Principal Act amended
73 Restriction of publication of reports of proceedings
73 New section 130 substituted
130 Publication of reports of proceedings
Part 10Mental Health (Compulsory Assessment and Treatment) Act 1992
74 Principal Act amended
75 Restriction of publication of reports of proceedings
75 New section 25 substituted
25 Publication of reports of proceedings
Part 11Property (Relationships) Act 1976
76 Principal Act amended
77 New section 2BAA inserted
2BAA Civil union includes immediately preceding de facto relationship
78 New section 35 substituted
35 Attendance at hearings
79 Restriction of publication of reports of proceedings
79 New section 35A substituted
35A Publication of reports of proceedings
79A New section 97A inserted
97A Transitional provisions applying in respect of section 2BAA
Part 12Protection of Personal and Property Rights Act 1988
80 Principal Act amended
81 Appointment of barrister or solicitor by Court
82 Court may call for report on person
83 New section 79 substituted
79 Attendance at hearings
84 Restriction of publication of reports of proceedings
84 New section 80 substituted
80 Publication of reports of proceedings
Legislative history
The Parliament of New Zealand enacts as follows: