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1. Separation agreements & Orders

   When your relationship breaks up, you have the option of working together with your former partner. This is called a separation agreement. If you are not able to agree to separate, or are unable to agree when you separated from your former partner, you can ask the Family Court for a Separation Order. What is a separation agreement? This is when you agree with your former partner and you are both clear about when the relationship ended, and what you are each responsible for, such as: caring for...

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   2. Separation & divorce

2. Family Court Rewrite Submission - FDR Centre [pdf, 371 KB]

   ...entry ie, a ‘multi-door’ approach to family justice so that irrespective of the point of entry, the steps in the process are similar and seamless for all cases, with the first step being FDR mediation, where appropriate. It is inevitable that separating parents, caregivers, and whānau who need help making decisions about their children (Intending FDR Parties) will access the Family Justice Service (and FDR in particular) at different points of entry. Many Intending FDR Parties will...

3. Youth Court - history of the Youth Court [pdf, 217 KB]

   ...century there was an acknowledgement that children are uniquely vulnerable and a subsequent move towards child-centred, welfare-based treatment.3 The existing court practice of granting pardons to young offenders was soon formalised in English Common Law through the doli incapax rule, (inability to do wrong). Children under seven were given immunity, and those between the ages of seven and fourteen were presumed incapable of doing wrong unless there was evidence to the contrary. Children over t...

4. FC Ltd v TN & JM [2021] NZDT 1626 (10 August 2021) [pdf, 188 KB]

   ...for building work; and $4,335.50 for the cost of carrying out an asbestos test on TN & JM’s property. [2] EL said that he had been contacted on 21 February 2021 by TN & JM’s son, HN, with whom he was friendly. HN had been asked by his parents to find a builder to renovate their flat in [Street]. A few days later, EL met with TN & JM and HN at the property. EL said that HN had told him that his parents wanted a complete modernisation of the flat. EL said that TN & JM ha...

5. [2016] NZSSAA 006 (17 February 2016) [pdf, 59 KB]

   ...health service to help with emotional problems related to previous exposure to domestic violence and parental drug and alcohol abuse, and living away from mother. 3. If XXXX is still wetting her bed at the age of 8 years, for GP to make referral through Mid-Central Paediatric Enuresis Service. Summary Health Problems • XXXX was small at birth but is now a good size. She is fully immunised and dental hygiene is reasonable. She was soiling and wetting when she first went to live...

6. National Standards Committee v Denham [2017] NZLCDT 10 [pdf, 96 KB]

   ...practitioner, Ms Denham? 3 (3) If the answer to any of the questions posed in Issue 2 is “Yes”, does one or more of these purposes have to be the predominant purpose for the conduct under consideration? (4) In continuing her proceedings through to hearing, including the representations she made to the Court in her evidence, did Ms Denham have any of the improper purposes pleaded, namely as set out under (a), (b) and (c) of Issue 2? (5) If so, does this conduct reach...

7. Family Violence Risk Assessment and Management Framework [pdf, 1.7 MB]

   FAMILY VIOLENCE RISK ASSESSMENT AND MANAGEMENT FRAMEWORK | A common approach to screening, assessing and managing risk i Family Violence Risk Assessment and Management Framework A COMMON APPROACH TO SCREENING, ASSESSING AND MANAGING RISK FAMILY VIOLENCE RISK ASSESSMENT AND MANAGEMENT FRAMEWORK | A common approach to screening, assessing and managing risk ii Ministry of Justice Tāhū o te Ture justice.govt.nz info@justice.govt.nz 0800 COURTS 0800 268 787 National Office Ju

8. Harland v ACC [2014] NZACA 13 [pdf, 166 KB]

   ...previous response I found that the documents reviewed in the completion of my original BAC report were detailed and complete. The report I wrote based on those reports was thorough and clear. Therefore I did not feel the need to interview Grace or her parents in order to complete this review.” [29] Ms Andrews quoted the history of Grace’s injury as described by Mr Taine, but apart from this I have repeated the assessment in full, except for the references to the reports that Ms A...

9. Practice notes & procedures

   Practice notes cover many topics. They can contain guidelines on how a case must be managed, from the filing of the first document that starts proceedings through to disposition (the end of the case). They can also outline how professional services must be managed. Family Court caseflow management practice notes Family Court Caseflow Management (Currently under review) Applications under the Protection of Personal and Property Rights Act 1988 Joint protocol Ministry of Justice and Department of...

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10. Delamere-Amoamo - Estate of Tairongo Te Wiremu Amoamo (2016) 139 Waiariki MB 176 (139 WAR 176) [pdf, 212 KB]

    ...shall be the child or children of the deceased living at his or her death, in equal portions if more than 1, together with the issue living at the death of the deceased of any child of the deceased who died before the deceased, that issue to take through all degrees, according to their stocks, in equal portions if more than 1, the portion to which their parent would have been entitled if living at the death of the deceased: (b) where the deceased leaves no issue, but leaves broth...