Ex parte orders in the Family Court and the New Zealand Bill of Rights Act 1990
Clark, Edward
Ex parte orders in the Family Court and the New Zealand Bill of Rights Act 1990 Clark, Edward - 2003
Butterworths Family Law Journal 4(8) 2003 : 205-212
This paper discusses ex parte (without notice) orders in relation to the New Zealand Bill of Rights Act (1990) and the Domestic Violence Act (1995). It focuses on the granting of ex parte orders under the Domestic Violence Act and whether this conflicts with the Bill of Rights principle of guaranteed natural justice s27(1). This paper looks broadly at the Family Court's power over ex parte orders and briefly describes the competing interests of applicants and respondents of protection orders. Also addressed are why applicants might need orders without any notice being given to respondents; the consequences for respondents of protection orders; and whether or not the granting of orders without notice is consistent with the New Zealand Bill of Rights Act. When exploring the Family Court's wider ex parte jurisdiction, this paper discusses where the Court's powers derive from, natural justice and the "Family Courts Rules (2002)". Findings from the Victims Task Force report, "Domestic Violence and the Justice System" (1992), are drawn on in relation to domestic violence and the lack of effort made by the justice system to help improve the problem. The author concludes that Courts need to take the New Zealand Bill Of Rights Act into greater consideration than they currently do.
1350-2778
DOMESTIC VIOLENCE
DOMESTIC VIOLENCE ACT 1995
FAMILY COURT
FAMILY LAW
JUSTICE
OFFENDERS
PERPETRATORS
INTIMATE PARTNER VIOLENCE
New Zealand Bill of Rights Act 1990
PROTECTION ORDERS
VICTIMS OF DOMESTIC VIOLENCE
LAW
NEW ZEALAND
Ex parte orders in the Family Court and the New Zealand Bill of Rights Act 1990 Clark, Edward - 2003
Butterworths Family Law Journal 4(8) 2003 : 205-212
This paper discusses ex parte (without notice) orders in relation to the New Zealand Bill of Rights Act (1990) and the Domestic Violence Act (1995). It focuses on the granting of ex parte orders under the Domestic Violence Act and whether this conflicts with the Bill of Rights principle of guaranteed natural justice s27(1). This paper looks broadly at the Family Court's power over ex parte orders and briefly describes the competing interests of applicants and respondents of protection orders. Also addressed are why applicants might need orders without any notice being given to respondents; the consequences for respondents of protection orders; and whether or not the granting of orders without notice is consistent with the New Zealand Bill of Rights Act. When exploring the Family Court's wider ex parte jurisdiction, this paper discusses where the Court's powers derive from, natural justice and the "Family Courts Rules (2002)". Findings from the Victims Task Force report, "Domestic Violence and the Justice System" (1992), are drawn on in relation to domestic violence and the lack of effort made by the justice system to help improve the problem. The author concludes that Courts need to take the New Zealand Bill Of Rights Act into greater consideration than they currently do.
1350-2778
DOMESTIC VIOLENCE
DOMESTIC VIOLENCE ACT 1995
FAMILY COURT
FAMILY LAW
JUSTICE
OFFENDERS
PERPETRATORS
INTIMATE PARTNER VIOLENCE
New Zealand Bill of Rights Act 1990
PROTECTION ORDERS
VICTIMS OF DOMESTIC VIOLENCE
LAW
NEW ZEALAND