New Zealand Acts

CARE OF CHILDREN ACT 2004 - SECT 165

165 Proceedings commenced before commencement of this section but not completed

1 This section applies to proceedings under this Act that were commenced before the date of commencement of this section but were not by that date completed (a pending proceeding).

2 The following provisions do not apply to a pending proceeding:

a) section 7A ; and

b) section 135A ; and

c) section 135B .

3 The following provisions, as in force immediately before the date of commencement of this section, continue to apply to a pending proceeding with any necessary modifications as if the Care of Children Amendment Act (No 2) 2013 had not been enacted:

a) section 131 ; and

b) section 135 ; and

c) section 137 .

4 If section 57 , as in force immediately before the date of commencement of this section, applied in respect of any interim order, section 57 continues to apply in respect of that order as if the Care of Children Amendment Act (No 2) 2013 had not been enacted.

5 If in any pending proceeding there is in force immediately before the date of commencement of this section an order for supervised contact between a child who is the subject of the proceeding and any party, sections 62 and 147(2)(a) and (b) continue to apply in respect of that proceeding as if the Care of Children Amendment Act (No 2) 2013 had not been enacted.

6 If in any pending proceeding a referral to counselling was made either on the court's initiative (under section 45 ) or on the request of a party (under section 65 ) and that counselling was arranged or was in progress immediately before the date of commencement of this section,—

a) sections 66, 67, 69, and 138 continue to apply as if the Care of Children Amendment Act (No 2) 2013 had not been enacted; but

b) the counselling may not start or continue 4 months after the date of commencement of this section.

History: Section 165: inserted, on 31 March 2014, by section 43 of the Care of Children Amendment Act (No 2) 2013 (2013 No 74).