Family Proceedings Act 1980
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Short Title and commencement
1 Short Title and commencement (1) This Act may be cited as the Family Proceedings Act 1980. (2) Except as provided in subsection (3) of this section and in section 190(3) of this Act, this Act shall…
Section Sch1 — Enactments repealed
Schedule 1 Enactments repealed Section 189(1) An item relating to the Marriage Act 1955 was omitted, as from 1 September 1995, by section 96 Births, Deaths, and Marriages Registration Act 1995 (1995…
Section 2 — Interpretation
2 Interpretation In this Act, unless the context otherwise requires,— Affiliation order includes an order declaring a person to be a parent of a child (however the order is described, and whether or…
Section Sch2 — Enactments repealed
Schedule 2 Enactments repealed Section 189(3) 1963, No 71—The Matrimonial Proceedings Act 1963. 1966, No 71—The Matrimonial Proceedings Amendment Act 1966. 1968, No 60—The Matrimonial Proceedings…
Section 3 — Act to bind the Crown
3 Act to bind the Crown Subject to sections 117 and 120 of this Act, this Act shall bind the Crown. Compare: 1963 No 71 s 86; 1968 No 62 s 4
Section 4 — Jurisdiction of Courts
4 Jurisdiction of Courts Subject to sections 27 , 29 , 32 , 37 , and 48 of this Act, the High Court, District Courts, and Family Courts shall have jurisdiction in proceedings under this Act, only—…
Section 5 — Marriage or civil union guidance or counselling organisations
5 Marriage or civil union guidance or counselling organisations (1) The Minister of the Crown who is responsible for the Department for Courts may from time to time, by notice in the Gazette ,…
Section 6 — Maintenance Officers
6 Maintenance Officers [Repealed] Section 6 was repealed, as from 1 July 1992, by section 3 Family Proceedings Amendment Act 1991 (1991 No 144). See section 259 Child Support Act 1991 (1991 No 142)…
Section 7 — Functions of Maintenance Officers
7 Functions of Maintenance Officers [Repealed] Section 7 was repealed, as from 1 July 1992, by section 3 Family Proceedings Amendment Act 1991 (1991 No 144). See section 259 Child Support Act 1991…
Section 7A — Definition of marriage
7A Definition of marriage [Repealed] Section 7A was inserted, as from 6 November 1986, by section 3 Family Proceedings Amendment Act 1986 (1986 No 88). Subsection (1) was amended, as from 26 April…
Section 8 — Duty of legal advisers to promote reconciliation and conciliation
8 Duty of legal advisers to promote reconciliation and conciliation (1) In all matters in issue between spouses, civil union partners, or de facto partners that are or may become the subject of…
Section 9 — Requests for counselling
9 Requests for counselling (1) Either party to a marriage, civil union, or de facto relationship may request a Registrar of a Family Court to arrange counselling in respect of the marriage, civil…
Section 10 — Counselling where proceedings commenced
10 Counselling where proceedings commenced (1) On the filing of an application for a separation order, the Registrar shall arrange for the matter to be referred to a counsellor. (2) Subsection (1) of…
Section 11 — Reference to counsellor
11 Reference to counsellor (1) A counsellor to whom a matter is referred under section 9 or section 10 of this Act shall— (a) Arrange to meet either or both of the spouses or civil union partners or…
Section 12 — Duty on counsellors
12 Duty on counsellors A counsellor to whom a matter is referred under section 9 or section 10 of this Act— (a) Shall explore the possibility of reconciliation between the spouses, civil union…
Section 12A — Number of sessions of counselling
12A Number of sessions of counselling The number of sessions of counselling to be carried out pursuant to section 9 or section 10 or section 19 of this Act shall be determined in accordance with such…
Section 12B — Counselling fees and expenses
12B Counselling fees and expenses Fees in respect of counselling services carried out pursuant to section 9 or section 10 or section 19 of this Act, and reasonable expenses incurred,— (a) May be…
Section 13 — Mediation conference
13 Mediation conference (1) Where any of the following applications has been made in a Family Court, either party to the proceedings, or a Family Court Judge, may ask the Registrar of the Court to…
Section 14 — Procedure at mediation conference
14 Procedure at mediation conference (1) At each mediation conference a Family Court Judge shall be the Chairman. (2) The objectives of the conference shall be— (a) To identify the matters in issue…
Section 15 — Power of Chairman to make consent orders
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…
Section 16 — Proceedings after mediation conference
16 Proceedings after mediation conference The Family Court Judge who presides over a mediation conference between the parties to an application shall be entitled to hear any subsequent proceedings…
Section 17 — Power to require attendance for counselling or mediation
17 Power to require attendance for counselling or mediation (1) Where a person fails to comply with— (a) A request under section 11(1)(b) of this Act to attend before a counsellor; or (b) A request…
Section 18 — Privilege
18 Privilege (1) No evidence shall be admissible in any Court, or before any person acting judicially, of any information, statement, or admission disclosed or made— (a) To a counsellor exercising…
Section 19 — Duty of Courts as to reconciliation and conciliation
19 Duty of Courts as to reconciliation and conciliation (1) In all proceedings under this Act between spouses or civil union partners (other than proceedings under section 27 or section 29 or section…
Section 19A — Circumstances where joint counselling not to be required
19A Circumstances where joint counselling not to be required (1) Notwithstanding anything in this Part of this Act, a party to a marriage, civil union, or de facto relationship shall not be required,…
Section 20 — Application for separation order
20 Application for separation order Either party to a marriage or civil union may apply for a separation order. Compare: 1968 No 62 s 19(1) Section 20 was amended, as from 26 April 2005, by section…
Section 21 — Power of Family Court to make separation order
21 Power of Family Court to make separation order Every application for a separation order shall be heard and determined in a Family Court. Compare: 1968 No 62 s 19(1)
Section 22 — Grounds for separation order
22 Grounds for separation order In proceedings for a separation order, a Family Court shall make the order if it is satisfied that there is a state of disharmony between the parties to the marriage…
Section 23 — Effect of separation order
23 Effect of separation order So long as a separation order remains in force, neither party to the marriage or civil union shall be under an obligation to cohabit with the other party, but, except as…
Section 24 — Discharge of separation order on resumption of cohabitation
24 Discharge of separation order on resumption of cohabitation (1) Subject to section 40 of this Act, a separation order shall cease to have any force or effect if— (a) The husband and the wife, or…
Section 25 — Discharge of separation order by Court
25 Discharge of separation order by Court (1) Subject to subsection (2) of this section, a Family Court may, on the application of either party, discharge any separation order if the Court is…
Section 26 — Effect of separation order on property rights
26 Effect of separation order on property rights (1) If, while a separation order is in force, either spouse or civil union partner dies intestate as to any property, that property shall devolve as…
Section 27 — Application for declaration as to validity of marriage or civil union
27 Application for declaration as to validity of marriage or civil union (1) An application for a declaration whether, according to the law of New Zealand,— (a) A marriage or civil union is valid; or…
Section 28 — Power of Family Court to make declaration as to validity of marriage or civil union
28 Power of Family Court to make declaration as to validity of marriage or civil union (1) Subject to subsection (2) of this section, every application under section 27 of this Act shall be heard and…
Section 29 — Application for order declaring marriage or civil union void
29 Application for order declaring marriage or civil union void An application for an order declaring a marriage or civil union to be void ab initio (whether or not the marriage or civil union is…
Section 30 — Power of Family Court to make order declaring marriage or civil union void
30 Power of Family Court to make order declaring marriage or civil union void Every application under section 29 of this Act shall be heard and determined in a Family Court. Compare: 1963 No 71 s 6…
Section 31 — Grounds on which marriage or civil union void
31 Grounds on which marriage or civil union void (1) A marriage or civil union that is governed by New Zealand law shall be void ab initio (whether or not an order has been made declaring the…
Section 32 — Application for declaration of presumption of death
32 Application for declaration of presumption of death Any married person, or party to a civil union, who is domiciled in New Zealand may apply for an order declaring that the other party to the…
Section 33 — Power of Family Court to make declaration of presumption of death
33 Power of Family Court to make declaration of presumption of death Every application under section 32 of this Act shall be heard and determined in a Family Court. Compare: 1963 No 71 s 19(1), (2)
Section 34 — Grounds for making declaration of presumption of death
34 Grounds for making declaration of presumption of death In proceedings on an application under section 32 of this Act, a Family Court, on being satisfied that reasonable grounds exist for presuming…
Section 35 — Evidence of death
35 Evidence of death In proceedings on an application under section 32 of this Act, the fact that for a period of not less than 7 years the party to the marriage or civil union in respect of whom the…
Section 36 — Application of other provisions
36 Application of other provisions The rules of law relating to an application for an order dissolving a marriage or civil union and to any order dissolving a marriage or civil union shall, as far as…
Section 37 — Application for dissolution of marriage or civil union
37 Application for dissolution of marriage or civil union (1) An application for an order dissolving a marriage or civil union may be made— (a) By either party to the marriage or civil union; or (b)…
Section 38 — Power to make order for dissolution
38 Power to make order for dissolution (1) Subject to subsection (2) of this section, every application for an order dissolving a marriage or civil union shall be heard and determined by a Family…
Section 39 — Grounds for dissolution
39 Grounds for dissolution (1) An application for an order dissolving a marriage or civil union may be made only on the ground that the marriage or civil union has broken down irreconcilably. (2) The…
Section 40 — Effect of resumption of cohabitation
40 Effect of resumption of cohabitation For the purposes of sections 24 and 39 of this Act, the parties to a marriage or civil union shall not be held to have ceased to live apart or to have resumed…
Section 41 — Effect of sexual connection without resumption of cohabitation
41 Effect of sexual connection without resumption of cohabitation For the purposes of section 39 of this Act, there shall be no presumption that the parties to a marriage or civil union have ceased…
Section 42 — Orders dissolving marriage or civil union
42 Orders dissolving marriage or civil union (1) An order dissolving a marriage or civil union,— (a) If made by the Family Court in undefended proceedings, shall take effect as a final order on being…
Section 43 — Entering new relationship after dissolution
43 Entering new relationship after dissolution (1) Where an order dissolving a marriage has taken effect as a final order, the parties to the marriage may marry again and may enter into a civil…
Section 44 — Recognition of overseas orders
44 Recognition of overseas orders (1) The validity of a decree or order or legislative enactment for divorce or dissolution or nullity of marriage or civil union made (whether before or after the…