Page updated on: Thursday April 10, 2008
Family law is a category of law that loosely describes those matters that are decided by the Family Court. These matters include care of children, adult relationships, domestic violence and elder law. More information on family law can be found at Family Court .
There are a range of different statutes, passed by Parliament that deal with family law matters. These statutes include the Domestic Violence Act 1995, the Relationship Property Act 1976, the Care of Children Act 2004 and the Protection of Personal and Property Rights Act 1988 to name just a few. More information on legislation can be found at legislation
The Domestic Violence Act 1995 protects against violence in the home. The following explains how a victim of domestic violence can obtain a protection order, which is the main tool used by the Act, and what the effect of a protection order is.
There is also information for “respondents” – people who have had a protection order, or an application for one, made against them. This explains how a respondent can challenge the order or application, if they wish to do this. The information also explains what can happen to respondents if they disobey a protection order after one is made.
There are three legally recognised relationships: marriages, civil unions and de facto relationships.
Getting married or entering into a civil union or de facto relationship carries with it a number of legal rights and obligations.
De facto relationships are often viewed on the same basis as legal marriages and civil unions. (For example the Court divide the couple’s property under the Property (Relationships) Act using basically the same rules regardless of the type of relationship.)
This website also includes information on separation, divorce, relationship property and maintenance.
The Care of Children Act 2004 aims to help parents come to good decisions about how they’ll work together to look after their children, even if they separate.
The Act recognises that it’s better if separated parents decide for themselves about care arrangements for their children and provides for free counselling and mediation to help parents having trouble reaching agreement. A Family Court hearing before a Judge is a last resort if the parents can’t agree.
The Care of Children Act makes the child’s welfare and best interests the first and most important factor when the Courts are deciding issues to do with the child’s care. The Act also recognises that in New Zealand today there are many different types of family arrangements a child might grow up in.
These web pages provide information on –
Guardianship
Care of children when parents separate
Paternity
Child abduction
Child support
Planning wisely for the future involves anticipating possible changes in circumstances and probable life events. Such issues include the potential impacts of illness, accident or ageing on a person’s capacity to make decisions and to have full control over their own life. The law provides ways of planning for changes in a person’s capacity and for helping to manage things in a person’s best interests if they have not made plans.
This chapter covers a person’s rights and entitlements under the Protection of Personal and Property Rights Act 1988. This includes looking at how the Act can assist people to plan for the future by granting power of attorney and the difference between an ordinary power of attorney and an enduring power of attorney. It provides information about the powers and responsibilities of an enduring power of attorney for personal care and welfare and for property, what it means to be mentally incapable, and how to end an enduring power of attorney.
This chapter also sets out the types of orders that can be made under the Act when a person loses the capacity to manage their own affairs. This includes looking at personal orders and property orders, and the role of welfare guardians and property managers.
Click here to read more about Protection of Personal and Property Rights.