Section 188 — Family Proceedings Act 1980: Rules of procedure

188 Rules of procedure (1) Subject to Part 9 of this Act, the Governor-General may from time to time, by Order in Council, make rules regulating the practice and procedure of District Courts in proceedings under this Act. (1A) Subject to Part 9 of this Act, rules may be made under section 16A of the Family Courts Act 1980 regulating the practice and procedure of Family Courts in proceedings under this Act. (2) Without limiting the generality of the powers conferred by subsection (1) of this sectionor section 16A of the Family Courts Act 1980 , rules made under either of those provisions may: (a) Prescribe such forms as are necessary for the purposes of this Act: (b) Prescribe the costs and charges to be paid by one party in the proceedings to the other party, in addition to money paid out of pocket: (c) Prescribe fees payable to persons giving evidence in the proceedings and the persons liable to pay those fees; and authorise the refund or remission of those fees: (d) Require any party to the proceedings or any person required to appear in answer to a summons under section 124(1) of this Act to supply to the Court particulars of both his financial means and their sources: (e) Provide for the taking of evidence in the proceedings, whether in New Zealand or elsewhere, including— (i) The prescribing of the procedure for the taking of the evidence of witnesses who are beyond New Zealand; and (ii) The taking of evidence before any District Court Judge or the Registrar of any Court (whether or not the proceedings were commenced in that Court) and the making of such incidental provision as the Governor-General thinks fit, including provisions for requiring the attendance of witnesses, the answering of questions, and the production of documents: (f) Facilitate communications between Courts in New Zealand and Courts in countries outside New Zealand for the purpose of Part 8 of this Act: (g) Provide for any other matters in respect of which rules are contemplated under this Act. Compare: 1963 No 71 s 87; 1968 No 62 s 110 Subsection (1) was amended, as from 13 September 2002, by section 6 Family Courts Amendment Act 2000 (2000 No 65) by omitting the words “ and Family Courts ” . See clause 2 Family Courts Amendment Act Commencement Order 2002 (SR 2002/254). Subsection (1A) was inserted, as from 13 September 2002, by section 6 Family Courts Amendment Act 2000 (2000 No 65). See clause 2 Family Courts Amendment Act Commencement Order 2002 (SR 2002/254). Subsection (2) was amended, as from 13 September 2002, by section 6 Family Courts Amendment Act 2000 (2000 No 65) by substituting the words “ or section 16A of the Family Courts Act 1980, rules made under either of those provisions ” for the words “ , rules made under that subsection ” . See clause 2 Family Courts Amendment Act Commencement Order 2002 (SR 2002/254).