Section 159 — Family Proceedings Act 1980: Conduct of proceedings
Text of the provision Official document
159 Conduct of proceedings (1) The business of Courts and of Judges shall, so far as is consistent with the due despatch of business, be arranged in such manner as may be necessary for the separating of the hearing of proceedings under this Act, under the Care of Children Act 2004 , and under the Property (Relationships) Act 1976 from other business. (2) No person shall be present during the hearing of any proceedings under this Act (other than criminal proceedings or proceedings under section 130 of this Act) except— (a) Officers of the Court: (b) Parties to the proceedings and their barristers and solicitors: (c) Witnesses: (d) Any other person whom the Judge permits to be present. (3) Any witness shall leave the courtroom if asked to do so by the Judge. (4) Notwithstanding subsection (2) of this section,— (a) Where proceedings under the Property (Relationships) Act 1976 are heard together with proceedings under this Act, the whole of the proceedings shall be heard in private if a party to the proceedings so requests; and (b) Where proceedings under the Property (Relationships) Act 1976 are heard together with proceedings under this Act, and no party to the proceedings requests that they be heard in private, the provisions of subsection (2) of this section shall, unless the Court otherwise determines, apply as if the whole of the proceedings were proceedings under this Act. (5) Nothing in this section shall be construed to limit any other power of the Court to hear proceedings in private or to exclude any person from the Court. Compare: 1968 No 62 s 111; 1971 No 59 s 22 Subsections (1) and (4) were amended, as from 1 February 2002, by section 14 Family Proceedings Amendment Act 2001 (2001 No 7) by substituting the expression “ Property (Relationships) Act 1976 ” for every occurrence of the expression “ Matrimonial Property Act 1976 ” . Subsection (1) was amended, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90) by substituting the words “ Care of Children Act 2004 ” for the words “ Guardianship Act 1968 ” .
Official source: legislation.govt.nz
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