You are here: Legislation and Decisions Family Court Acts

Family Court Acts

The Family Court deals with proceedings under the following family law Acts (or Legislation). The relevant Acts are listed here alphabetically with a brief explanation and the Government Department that is responsible for that Act. You can access more detail on any of this legislation at www.legislation.govt.nz

Adoption Act 1955

This Act deals with the legal transfer of all parental rights and responsibilities from a child's birth parents to the adoptive parents.

The Act is administered by the Ministry of Justice.

Adult Adoption Information Act 1985

This Act gives adopted adults and the birth parents the right to information about the adoption.

The Act is administered by the Department of Child Youth and Family Services.

Adoption (Intercountry) Act 1997

The Family Court may consider an application under section 11 of the Adoption (intercountry) Act 1997 refusing to recognise a Hague Convention adoption on public policy grounds.

Alcoholism and Drug Addiction Act 1966

This Act Act deals with compulsory detention and treatment of alcoholics and drug addicts at certified institutions.

The Act is administered by the Ministry of Health.

Births Deaths and Marriages Registration Act 1995

This Act deals with the registration of the birth of a child, deaths and marriages. The Act is administered by the Department of Internal Affairs.

Care of Children Act 2004

This Act deals with guardianship, day-to-day care and contact, wardship and child abduction (Hague Convention cases).

The Act is administered by the Ministry of Justice.

Children Young Persons and Their Families Act 1989

This Act deals with the care and protection of children and young persons.

The law provides for the extended family to be involved in making decisions about the care and protection of children and young persons through a family group conference. The court process begins with an application to the Family Court for a declaration that the child or young person is in need of care or protection.

The Act also deals with young people who offend. These matters are dealt with by the Youth Court.

The Act is administered by the Department of Child Youth and Family Services.

Child Support Act 1991

This Act deals with procedures for managing how parents who are not living with their children provide financial support for the care of their children.

The Act is administered by the Inland Revenue Department.

Domestic Violence Act 1995

This Act deals with applications for protection, occupation and furniture orders; referrals for stopping violence programmes; support programmes for men women and children.

The Act is administered by the Ministry of Justice.

Domestic Violence (Programmes) Regulations 1996

Domestic Violence (Programmes) Amendment Regulations 2002

These regulations set out the process for the approval of providers of domestic violence services and programmes.

The process is managed by the Ministry of Justice. For further information about provider or programme approval please contact the Domestic Violence Advisor at your nearest regional office of the Ministry of Justice.

Family Courts Act 1980

This Act established Family Courts as a division of District Courts. The Act sets out the constitution, jurisdiction, powers and procedures of Family Courts.

This Act is administered by the Ministry of Justice.

Family Proceedings Act 1980

This Act deals with paternity, separation, maintenance, dissolution of marriages (divorce), voiding marriages, and counselling referrals both before and during proceedings.

The Act is administered by the Ministry of Justice.

Family Protection Act 1955

This Act deals with claims by family members under a will.

The Act is administered by the Ministry of Justice.

Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

This Act deals with people who have an intellectual disability and are charged with, or convicted of, an offence and who may require compulsory care and rehabilitation. The Family Court is responsible for reviewing orders made under this Act.

The Act is administered by the Ministry of Health.

Law Reform (Testamentary Promises) Act 1949

This Act deals with claims against an estate where a person believes a promise was made for them to be a beneficiary under a will.

The Act is administered by the Ministry of Justice.

Marriage Act 1955

This Act deals with the law relating to marriage, including consent for minors to marry.

The Act is administered by the Department of Internal Affairs.

Mental Health (Compulsory) Assessment and Treatment Act 1992

This Act deals with the assessment and treatment of people suffering from a mental disorder.

The Act is administered by the Ministry of Health.

Property (Relationships) Act 1976

This Act deals with how the property of married couples and de facto partners is to be divided up when they separate or when one of them dies.

This Act is administered by the Ministry of Justice.

Protection of Personal and Property Rights Act 1988

The Protection of Personal and Property Rights Act deals with the protection and promotion of personal and property rights for adults who are incapacitated and unable to make or communicate decisions or to manage their own affairs.

This Act is administered by the Ministry of Justice.