000			02392nab a2200349Ia 4500
999			_c2138 _d2138
001			112178
005			20250625151154.0
008			110331s2003 eng
022			_a1350-2778
040			_aWSS _dAFV
100			_aClark, Edward _9936
245			_aEx parte orders in the Family Court and the New Zealand Bill of Rights Act 1990 _cClark, Edward
260			_c2003
365			_a00 _b0
500			_aButterworths Family Law Journal 4(8) 2003 : 205-212
520			_aThis 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.
650	2	7	_2FVC _aDOMESTIC VIOLENCE _9203
650	2	7	_aDOMESTIC VIOLENCE ACT 1995 _9204
650	2	7	_2FVC _aFAMILY COURT _9241
650	2	7	_aFAMILY LAW _9244
650	2	7	_2FVC _aJUSTICE _9333
650	2	7	_2FVC _aOFFENDERS _9413
650	2	7	_aPERPETRATORS _92644
650	2	7	_9431 _aINTIMATE PARTNER VIOLENCE _2FVC
650	2	7	_aNew Zealand Bill of Rights Act 1990 _97193
650	2	7	_aPROTECTION ORDERS _9470
650	2	4	_aVICTIMS OF DOMESTIC VIOLENCE _9624
650	2	7	_9336 _aLAW
651		4	_aNEW ZEALAND _92588
773	0		_tButterworths Family Law Journal 4(8) 2003 : 205-212
942			_2ddc _cARTICLE