Search Results

1. Research report: Without notice applications in the Family Court [pdf, 1.7 MB]

   ...this is appropriate, and to prevent disputes from occurring or escalating. 3. Key changes were made to out-of-Court and in-Court processes: • The main out-of-Court changes introduced services that parents must attempt before applying for a parenting or guardianship order, unless an exemption applies, for example, if there had been violence. This included enhancing Parenting Through Separation (PTS), introducing Family Dispute Resolution (FDR) and Family Legal Advice Service (FLAS...

2. International Covenant on Civil and Political Rights - government report back 5th report [pdf, 242 KB]

   ...12 months. Over-representation of Māori in Prison Introduction 2. In its response to the Committee’s list of issues, and during the examination of the fifth periodic report, the New Zealand Government explained work being undertaken through the Addressing the Drivers of Crime initiative to reduce the over-representation of Māori in the criminal justice system. This paper updates the Committee on progress that has been made as part of the Addressing the Drivers of Crime in...

3. Family Court Rewrite Submission - Paul von Dadelszen QSO [pdf, 268 KB]

   ...agency interacting with the public in the social service sector. And self referred counselling should be available. 17. Q12: I would be reluctant to see confidentiality waived, especially as that may deter people from undertaking counselling. Parenting Through Separation 18. Q13: There should be the expectation that Parenting Through Separation (PTS) is attended. 19. Q14: The court should have the discretion to decline to hear an application in circumstances where it appears th...

4. VSC Claim form [pdf, 345 KB]

   ...have a claim under section 28 of the Prisoners’ and Victims’ Claims Act 2005: 1. You are a victim of a crime committed by the offender mentioned in the notice published by or received from the Secretary of the Tribunal; and 2. You have, through or by means of the offence committed against you, suffered loss or damage and/or emotional harm for which you have not received, and will not receive, effective compensation or any other remedy; and 3. Your claim discloses a ca...

5. Family Court applications jun2024 [xlsx, 181 KB]

   ...applications' workbook published on the Ministry website (www.justice.govt.nz/justice-sector-policy/research-data/justice-statistics/data-tables/#family) which only includes section 3 adoption applications. Child support The child support scheme (if two parents separate, one may have to pay child support to the other, as financial support for the costs of raising the children) is governed by the Child Support Act 1991 and is managed by Inland Revenue. The applications in this case type i...

6. Safer Sooner: Strengthening New Zealand’s Family Violence Laws [pdf, 7.9 MB]

   ...property orders are also rarely reported, potentially because of the complex way property orders are enforced. WHAT CHANGES ARE PROPOSED? Property orders will be made more effective at reducing the risk of homelessness among victims following separation by: • making it clear that the purpose of property orders is to ensure victims, including children, can stay in their own home • treating a breach of a property order as a breach of the protection order, making it easier f...

7. Hallett v Te Moana - Estate of Sheryl Marie Te Moana (2019) 399 Aotea MB 138 (399 AOT 138) [pdf, 297 KB]

   ...Sheryl Te Moana died on 20 September 2018 at Rotorua. She did not leave a will nor any assets that required a grant of administration. According to the evidence submitted with the application, the deceased was never married and had no children. Her parents were Joseph Hohepa Te Moana and Rapia Rabyna Te Moana (nee Tahi). Her siblings are Kimiora Kairau, Patrick Te Moana, Helena Maakara and Conalia Te Moana.1 [5] The deceased held extensive interests in over 130 blocks of Māori fr...

8. MOJ0585_OCT21_WEB.pdf [pdf, 72 KB]

   ...the behalf of other people, such as an EPA issue. Enduring power of attorney An EPA is a legal document that says who can take care of your personal or financial matters if you can’t. That person is called your attorney. You can set up an EPA through a lawyer or trustee corporation. You don’t need to go through the Family Court, but the Court can get involved if any issues need to be sorted out. Types of EPA applications The Court can be asked: • for directions (for example, ab...

9. Young people & infringement fines: a qualitative study [pdf, 139 KB]

   ...few have taken active steps, or are considering future steps to clear their fines. Some have undertaken Periodic Detention1 (usually in conjunction with a sentence for an unrelated offence). This is seen as a positive option for debt reduction. Some parents take an active role in the management of the young person’s fines, by supporting their children, dealing with the Collections Unit, advocating for their children, and paying, or contributing to their children’s fines (particularly in...

10. Whakatāne District Council - Part Allotment Matatā Parish 6 (2015) 124 Waiariki MB 282 (124 WAR 282) [pdf, 202 KB]

    ...the 1894 Act, s 117 of the 1909 Act, s 48 of the 1913 Act or s 477 of the 1931 Act) then normally the roadway order was intended to be a separate freehold title. At a practical level that was because, if the roadway was first deducted from the parent title as a separate freehold parcel, then all owners in the land being partitioned shared equally in the burden of the loss of land to the roadway. However, if it was created as per a right of way easement over the partitioned titles th...