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StatuteFamily Proceedings Act 1980

Section 15 — Family Proceedings Act 1980: Power of Chairman to make consent orders

Text of the provision Official document

15 Power of Chairman to make consent orders (1) Subject to subsection (2) of this section, the Chairman presiding at a mediation conference may, by consent of the parties, make any orders that could have been made by a Family Court and that relate to an application by either party for— (a) A separation order; or (b) the role of providing day-to-day care for any child of the parties, whether or not the child is a child of the marriage, civil union, or de facto relationship, or contact with that child; or (c) a maintenance order; or (d) the possession or disposition of property under the Property (Relationships) Act 1976 . (2) Where a party has no barrister or solicitor, or a party's barrister or solicitor is not present at the conference, a consent order shall not be made unless that party states expressly that that party does not wish the conference to be adjourned to provide an opportunity for legal advice to be taken. (3) An order made under this section shall for all purposes have the same effect as if it were made by the consent of the parties in proceedings before a Family Court. Subsection (1)(b) was amended, as from 26 April 2005, by section 44(1) Civil Union Act 2004 (2004 No 102) by inserting the words “ or civil union ” after the word “ marriage ” . Subsection (1)(b) was amended, as from 1 July 2005, by section 149 Care of Children Act 2004 (2004 No 90) by substituting the words “ , civil union, or de facto relationship ” for the words “ or civil union ” . Subsection (1)(b) was amended, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90) by substituting the words “ the role of providing day-to-day care for ” for the words “ the custody of ” . Subsection (1)(b) was amended, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90) by substituting the words “ contact with ” for the words “ any rights of access to ” . Subsection (1)(c) was substituted, as from 1 July 1992, by section 5 Family Proceeding Amendment Act 1991 (1991 No 144). Subsection (1)(c) and (d) were substituted, as from 1 February 2002, by section 5 Family Proceedings Amendment Act 2001 (2001 No 7).

Official source: legislation.govt.nz

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