New Zealand Acts

CARE OF CHILDREN ACT 2004 - SECT 134

134 Distribution, etc, of reports under sections 132 and 133

1 The Registrar of the court must copy a report under section 132 or section 133 (the
"report" )—

a) to the lawyer acting for each party to the proceedings or, subject to subsection (3), if a party has no lawyer acting for that party, to that party; and

b) to a lawyer appointed to act for a child who is the subject of the proceedings.

2 If a Family Court Judge or Family Court Associate orders a lawyer referred to in subsection (1)(a) not to give or show the report to the person for whom the lawyer is acting, the lawyer must comply with the order.

3 If a party has no lawyer acting for that party and a Family Court Judge or Family Court Associate is satisfied that information in the report would, if provided directly to that party, place the child concerned or another person at risk of physical abuse, sexual abuse, or psychological abuse, the Judge or Family Court Associate may —

a) order that the report not be copied to that party under subsection (1)(a); and

b) appoint counsel to assist the court under section 130 for the purpose of explaining the contents of the report to that party.

4 Before the report is copied to a lawyer under subsection (1)(b), a Family Court Judge or Family Court Associate must consider whether the report may be given or shown to the child for whom the lawyer is acting.

5 A lawyer referred to in subsection (1)(b) may give or show the report to the child for whom the lawyer is acting only if a Family Court Judge or Family Court Associate so orders, but in every case the lawyer must explain to the child the purpose and contents of the report, unless the lawyer considers that to do so would be contrary to the welfare and best interests of the child.

6 A party to the proceedings, or a lawyer appointed to act for a child who is the subject of the proceedings, may present evidence on any matter referred to in the report.

7 A Judge or Family Court Associate may, if the Judge or Family Court Associate thinks fit, call as a witness the person who made or prepared the report.

Note: 1968 No 63 ss 29(3)–(7), 29A(3)–(5), (7), (8)

History: Section 134(2): amended, on 6 October 2023, by section 29(1) of the Family Court (Family Court Associates) Legislation Act 2023 (2023 No 25).   Section 134(3): amended, on 6 October 2023, by section 29(2) of the Family Court (Family Court Associates) Legislation Act 2023 (2023 No 25).     Section 134(3): amended, on 6 October 2023, by section 29(3) of the Family Court (Family Court Associates) Legislation Act 2023 (2023 No 25).     Section 134(3)(b): amended, on 31 March 2014, by section 29 of the Care of Children Amendment Act (No 2) 2013 (2013 No 74).     Section 134(4): amended, on 6 October 2023, by section 29(1) of the Family Court (Family Court Associates) Legislation Act 2023 (2023 No 25).     Section 134(5): amended, on 6 October 2023, by section 29(1) of the Family Court (Family Court Associates) Legislation Act 2023 (2023 No 25).     Section 134(7): replaced, on 6 October 2023, by section 29(4) of the Family Court (Family Court Associates) Legislation Act 2023 (2023 No 25).