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1. Family Court rewrite submission: New Zealand Law Society [pdf, 1 MB]

   ...greatly inform the panel’s report to the minister. In the Law Society’s view implementing the following three key changes would have an immediate positive effect on the Family Court: • allowing lawyers to act in all matters in respect of parenting and guardianship disputes, both pre and post-proceedings, and increasing the availability of legal aid; • bringing pre-court processes back under the umbrella of the Family Court, reinstating a limited number of counselling sess...

2. Family Court Rewrite Submission FV Death Review Committee [pdf, 316 KB]

   ...physical violence only. It needs to be expanded to include verbal, psychological, emotional, financial and sexual abuse. 2. Exposing children to intimate partner violence (IPV) in all its forms must be understood as violence against the child and as a parenting decision that has been made by the perpetrator of family violence. 3 3. We reiterate that protecting children means acting protectively towards adult victims of IPV, including giving sufficient weight to their views on...

3. Example Occupation Order. [docx, 43 KB]

   ...(j) Can the term of the Occupation Order be extended? If so, for how long? Include these details in this clause. 10 (k) Insert the names of the landowners of the block. If there is a trust, name the trustees and the trust. 10 (n) Name the parent block. OCCUPATION ORDER Te Ture Whenua Māori Act 1993, Section 328 In the Māori Land Court of New Zealand [Rohe] District IN THE MATTER of [Block name] being all the land contained in [LINZ identifier], [Registry] AT a sittin...

4. Eichelbaum report - appendices [pdf, 540 KB]

   ...are three interviews with Q spread over 9 months, all conducted by Sue Sidey, who also conducted interviews with her brother P. The first interview with Q took place on 09.03.92. and lasted for approximately 40 minutes. Q is cooperative and forthcoming throughout. She has come to talk about Peter, who is "a very mean man who wants children to feel all scared". She complains of undue tickling (a complaint mentioned by other children), which occurred first when she was "three or fo...

5. MOJ0601-Lawyers-working-with-children-Large-Print.pdf [pdf, 195 KB]

   ...2 What the lawyer does The lawyer’s job is set by the judge The lawyer represents the child, so they can’t represent or give legal advice to anyone else involved. The lawyer may: • talk to the child to understand how a separation or change in family situation is affecting them • explain the court process and judges’ decisions in a way the child will understand • make sure the child’s views are explained to the judge • spend time with other p...

6. Government seeking feedback on options for creating a new adoption system

   ...Options for creating a new system Options relating to surrogacy have not been included in the discussion document. The Government will be considering Te Aka Matua o te Ture - the Law Commission’s recent recommendations for reforming surrogacy laws separately. The Ministry of Justice will provide advice to the Government on final adoption law reform proposals by the end of the year. Media Contact:Paul Easton 04 918 8836media@justice.govt.nz Questions and answers Why do we need to change our ad...

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7. [2016] NZSSAA 006 (17 February 2016) [pdf, 59 KB]

   ...be backdated to 21 April 2013. [8] The appellant and her husband did not attend the Benefits Review Committee hearing but made a submission pointing out that they took charge of XXXX and XXXX after an instance of inappropriate behaviour from the parents on 21 April 2013. The submission records: It is well documented with Child, Youth and Family that XXXX and XXXX were subject to domestic violence ..., both parents have a history of alcohol and drug abuse ... domestic violence will a...

8. Guidelines: Family Law section best practice [pdf, 415 KB]

   ...affecting the child and relevant to the proceedings, are communicated to the Court. 5.3 Where a lawyer has been appointed to represent a number of children, the lawyer must be alert to the possibility of conflict. The lawyer may be obliged to seek separate representation for one or more children. 5.4 The lawyer has a duty to ensure that all factors relevant to the child's welfare and best interests, are before the Court. 5.6 The lawyer should remember that section 9C of...

9. OIA-109706-v2.pdf [pdf, 6.4 MB]

   ...children’s participation is questioned in light of research evidence, as is the manner in which the role is currently conducted in a ‘one size fits all’ approach. In FDR, the right of the child to participate is also constrained as it requires dual parental consent before a child consultant can be appointed. A mixture of professionals is used to facilitate children’s participation from counsellors, and social workers to therapists and lawyers (who are approved as lawyer for...

10. Proactive release - Strengthening the Family Court [pdf, 1.9 MB]

    ...seven further changes that will amend CoCA, the Family Dispute Resolution Act 2013 and , for introduction in June 2020. Those changes are: 5.1. 5.2. establishment of a children’s participation principle; 5.3. establishment of an expectation that parents will consult, where appropriate, with children on important matters that affect them; 5.4. establishment of lawyer for child criteria for appointment; 81k1mkvjyn 2020-07-03 13:36:50 s9(2)(f)(iv) s9(2)(f)(iv) RE LE AS ED B Y T...