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Index

References in this index are to the paragraph numbers.

A

abuse allegation cases 628–646

access orders

alleged gender bias in 964–974

compliance with 528–537

ACT – For the Children (parent programme) 215–220

adjudication vis à vis conciliation 35–39, 336–337

adoptions 617–618

AMINZ (Arbitrators’ and Mediators’ Institute of New Zealand) 310, 374, 380

anti-male bias see gender bias

application forms: availability of 151–152

applications for declarations

594–611

applications without notice

applicants’ and respondents’ perspectives on 542–546

in Guardianship Act cases

577–582

overview of 538–541

see also orders without notice

Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ) 310, 374, 380

Asian people: appropriate Family Court services for 852

Auckland Family Court docket system 470, 510–522

Australian Family Court website 165–174, 933–935

Australian initiatives for self-represented litigants 927–937

Australian jurisdiction in family-related matters 21, 23

Australian practices in mediation 323, 333

B

bias

accusations against counsel for the child 675–685

on gender see gender bias

Boshier, PF “A review of the Family Court” 53–55

C

CABs (Citizen Advice Bureaux) 154, 161, 182

Canadian family law information services 175–179

Canadian initiatives for self-represented litigants 939–940

Canadian practices in mediation 326–329, 331, 334

care and protection hearings

594–611

caseflow management

and compliance 523–524

definition of 401

practice note on 403–405, 490

case management

definition of 401

differentiation in 509–510

distinguishing features of

419–432

efficient systems for 402,

511–522

case officers see case progressors

case progressors

recommended role changes for 437–441, 461

role in relation to Family Court co-ordinators 106

teamed with judges 520–522

child advocates 688–695

child, counsel for the see counsel for the child

Child, Youth and Family Services

procedures for Mäori family cases 799–800

role in sexual abuse allegation cases 638–640, 643–644

role of 3

social workers 760–768,

772–776

as source of information 182

children

alleged sexual abuse of 628–630

contact with counsel for the child 670–674

counselling services for

271–273, 278–283, 696

departure order applications for support of 619–621

information needs of 126–127, 131–133

information resources for

172–174, 178–179

legal representation of 22

participation in mediation

350–356

programmes for 228–239,

253–258

views of 121–124

voices of, in the Court system 136–139

voices of, within the family

125–135

written assessment reports on see written reports

see also counsel for the child

Children in the Middle (parent programme) 223

Children, Young Persons, and Their Families Act 1989

care and protection hearings under 594–611

reports under Section 178 of 704

Children’s Issues Centre

on children’s views 124,

127–132, 243

survey on counsel for the child 665–668

training courses for counsel for the child 699–701

Citizen Advice Bureaux (CABs) 154, 161, 182

CMS (Court Management System) 402–407, 453–454

community law centres and groups 154, 182

community services: Mäori providers of 801

Complaints Assessment Committee of Psychologists Board 732, 736, 738–743, 745–749,

751–753

conciliation services

Boshier report model option

53–56

co-ordinators see Family Court co-ordinators

current system 44–46

intake interviews for 64–73, 370

interface with courts 491–496

Law Commission proposal for 57–63

overview of 30–43

privilege in 74–81

role in child support applications 619–621

role in identifying difficult cases 83–85

role in mediation 336

role in supervised access orders 593

stand-alone model option 47–52

vis à vis adjudication 35–39

see also counselling services; Family Court co-ordinators; Mäori conciliation services; mediation

consumer advocacy groups

155–156

contracted counselling services 44–46

contracted mediators 336,

387–391

contracted social workers 769–771

counsel for the child

accusations of bias against

675–685

appointment of 136

contact with children 670–674

current practice 655–661

effectiveness of 665–668, 669–687

liaison with report writers

719–721

ongoing role for 695, 697

overview of 647–654

practice note on 653

training for 662–664, 686–687, 698–703

counselling co-ordinators see Family Court co-ordinators

counselling services

for children 278–283

culturally appropriate 276

duration of 289–295

eligibility for 267–274

overview of 261–266

privilege in 74–81

special needs cases 284–288

see also Relationship Services

couples’ eligibility for counselling 267–268

court directions: compliance with 523–524

Court Management System (CMS) 402–407, 453–454

court orders: enforcement of

525–537

Courts, Department for see Department for Courts

Courts Modernisation Project 402–407, 453–454, 474

critiques of written reports

722–731

culturally appropriate Family Court services 276, 847–851

see also Mäori families

Custody and Access (video)

185–186

custody decisions: alleged gender bias in 964–974

CYFS social workers 760–768, 772–776

D

de facto couples’ eligibility for counselling 267

Deaf Association of New Zealand 878

declaration applications 594–611

Department for Courts

administrative responsibilities of 477–486

co-ordinators see Family Court co-ordinators

information provision by

148–153, 180–182

modernisation project 402–407, 453–454, 474

role in innovation and development 473–476

website 148–150, 164, 183

difficult cases: identification of

82–86

disabilities

awareness of 862–865

implications for services

866–908

staff training in awareness of 902–905

dispute resolution

children’s voices in 121

processes illustrative of recommendations 26–29

Dispute Resolution Centre (Massey University) 374

dissolution of marriage 625–627

District Court/Family Court case management comparisons 427–428

divorce 625–627

docket system 470, 510–522

domestic protection orders see protection orders

domestic violence cases

alleged gender bias in 975–990

counselling in 264

court procedures for 570–576

orders without notice in

539–546

and protection orders 583–590

domestic violence programmes

Mäori providers of 807–810

providers as sources of information 154

E

economic aspects of litigation

991–994

education programmes see programmes

Education Resources 185–186

eligibility for counselling 267–274

employed vis à vis contracted mediators 387–391

ethnic groups: appropriate services for 276, 846–861

ex parte applications see applications without notice

executive manager (proposed) 475–476

F

facilitative mediation 368–372

families: children’s voices within 125–135

Family Court

accountability in proceedings 1023–1025

children’s participation in

136–139

complaint procedures against psychologists 734, 736,

747–754

control of difficult cases 83–85

gender equity strategies

1006–1025

implementation of recommendations 1026–1038

information provision on services and processes 148, 156,

180–182

international comparisons of role 17–25

jurisdiction of 20, 40

legal aid clients 88–89

management of 396–486

Mäori family case protocol

838–843

media campaign on 188–191

procedures for domestic violence cases 570–576

processes of 487–646

recommendations of review

3, 14, 1026–1038

review of 1–16

role in dissolution of marriage cases 625

role in mental health matters 622–624, 899

role in sexual abuse allegation cases 628–646

role of 5

rules of practice and procedure 505–508

scheduling issues 450–451

self-represented litigant issues 916–921

social worker report needs

760–776

staff training 442–443

staff training in disability awareness 902–905

staff training in gender equity 1008, 1012–1019

staff training in Mäori pronunciation 844–845

staffing and organisation

409–418, 444–449

terms of reference of review of 9–11

transparency in proceedings 1023–1025

website 148–150, 164, 183

work loads 452–457

Family Court co-ordinators

name change for 114

recommended role changes for 109–120, 433–436

role in counselling services 275, 286–287

role in therapeutic mediation 365, 370, 372

role in urgent order cases

567–568

role of 45, 90–108

Family Court of Australia

self-represented litigant support 927–936

website 165–174, 933–935

family members

eligibility for counselling

271–273

participation in mediation

348–349

Family Proceedings Act 1980 31, 261, 306

fathers

bias in relation to see gender bias

rights in adoptions 617–618

female/male Family Court staff ratios 1007–1009

females: bias in relation to see gender bias

Focus on Kids (parent programme) 224

forms: availability of 151–152

furniture orders without notice 550–551

G

gay couples’ eligibility for counselling 267–268

gender bias

in counselling 266

in custody and access decisions 964–974

in domestic violence decisions 975–990

in economics of litigation

991–994

identification of 995–1005

overview of 952–956

research into 1020–1022

theory of 957–963

gender equity training 1008,

1012–1019

group meetings of parents 199–201

Guardianship Act 1968

applications without notice under 577–582

cases handled by Family Court 31

protection orders under Section 16B of 583–590

reports under Section 29A of 704

H

Health Practitioners Competence Assurance Bill 733, 754

Hearing Association Incorporated 876

hearing impairment: implications for services 874–885

hearings

of applications for declarations 594–611

for people with disabilities 907

waiting times for 450–451

high-conflict litigants: identification of 82–86

I

immigrant groups: appropriate Family Court services for 846–861

information campaign on Family Court 188–191

information needs of children

126–127, 131–133

information programmes see programmes

information provision

in community languages 856

on Family Court services and processes 148–156, 180–182

for people with disabilities 906

for self-represented litigants 932–935, 948–951

on therapeutic mediation

366–367

in video format 184–187

for the visually impaired 887

information sharing within families 125–135

intake interviews 64–73, 370

intellectual disabilities: implications for services

889–896

interest groups 155–156

interim protection orders without notice 548–552

Internet see websites

interpreters

issues in use of 860–861

in sign language 877–882

intervention programmes 230–231

interventionist mediation 368–372

J

judges

availability of 450–451

as initiators of innovation and development 468–472

liaison with Department for Courts 477–486

obligations to children 138–139

role in counselling participation 271–272

role in difficult cases 83–85

role in mediation 306–310,

392–395, 498–499

role in settlement conferences 501–504

task re-allocation to registrars 458–461

in team approach to case management 470, 510–521

training in gender equity

1012–1019

judicial registrars (proposed)

462–467

see also registrars

L

languages of Family Court information provision 856

lawyers: as sources of information 154, 182

Lawyers Engaged in Alternative Dispute Resolution (LEADR) 308–309, 375, 380, 389

legal advice: in relation to mediation 341–347

legal aid

alleged gender bias in allocation of 991–994

eligibility for 88–89

for people with disabilities 908

legal information: public access to 156–164

legal representation of children’s voices see counsel for the child

lesbian couples’ eligibility for counselling 267–268

libraries: as sources of legal information 157, 159, 161, 182

litigants

access to legal information

154–164

self-help services for 950–951

self-represented see self-represented litigants

litigation vis à vis mediation

336–337

Lower Hutt Family Centre 829

M

maintenance applications from spouses 616

Making it Work (parent programme) 221–222

male/female Family Court staff ratios 1007–1009

males: bias in relation to see gender bias

Mäori conciliation services

802–806

Mäori counselling services model 811–822

Mäori families

application of law to 788–790

background information and consultation 791–796

counselling and related services for 273–274, 276, 811–822, 829–835

issues with section 29 (Guardianship Act) reports 836–837

and the Mäori Land Court

797–798

overview of 777–782

representation at mediation 348

Mäori Land Court 797–798

Mäori pronunciation 844–845

Mäori providers

affiliation and training issues 823–828

of community services 801

of domestic violence programmes 807–810

Mäori social workers 837

Mäori values 783–790

marriage, dissolution of 625–627

Massey University Dispute Resolution Centre 374

Matrimonial Property Act 1976 31

media campaign on Family Court 188–191

mediation

availability of 306, 337–338

in child support applications 619–621

conferences 46, 306–310,

392–395

employment disputes model of 311–319

funding of 357–359

international practices in

320–335

legal advice in relation to

341–347

overview of 296–305

participation in 348–350

privilege in 74

proposed changes to 336–359, 497–504

in relationship property disputes 612–613

therapeutic 368–372

timing of 339–340

vis à vis adjudication 336–337

mediators

appointment and selection of 381–384

contracted vis à vis employed 387–391

specific Family Court training for 379–380

supervision and development of 385–386

training for 373–378

men: bias in relation to see gender bias

mental health matters 622–624, 899

mothers: bias in relation to see gender bias

N

New Zealand Law Society

663–664, 702

O

occupancy, tenancy and furniture orders without notice

550–551

online information sources see websites

orders without notice

immediate review of 564–566

respondents’ interests in

553–562, 564–569

threshold for interim 548–562

P

Pacific Islands peoples: appropriate services for 276, 854–855

parents

eligibility for counselling 269

information sessions for

240–252

programmes for 195–227,

366–367, 371

PEACE (parent programme)

225–226

people with disabilities: implications for services

866–908

physical disabilities: implications for services 872–873

practice notes

availability of 151

on caseflow management 490

on counsel for the child 653

judge-initiated 469

for relationship property proceedings 615

on report writers 711–721, 735, 737

Presbyterian Social Services 239, 686–687

privileged information 74–81

programmes

for children 228–239, 253–258

overview 192–194

for parents 195–227, 366–367, 371

Property (Relationships) Act 1976 346

protection hearings 594–611

protection orders

alleged gender bias with

975–979, 985–990

defended hearings on 569–576

interim 547–562

under section 16B of Guardianship Act 583–590

for supervised access 591–593

temporary 564–566

psychiatric disabilities: implications for services 897–900

psychologists

contact with children 137

as facilitators and counsellors 755–759

as report writers 704–705,

732–754

Psychologists Board 732, 736,

738–743, 745–749, 751–753

public access to legal information 156–164

public information campaign on Family Court 188–191

public libraries: as sources of legal information 159, 161, 182

R

Registrar of Births Deaths and Marriages 626–627

registrars

recommended role changes for 458–461

see also judicial registrars (proposed)

relationship property disputes

practice note for 615

processes for resolution of

612–615

and spousal maintenance applications 616

Relationship Services

counselling provider 264–265

model for Mäori families

811–822

model partnership with Mäori providers 823–828

report writers

briefs for 714–718

concerns of 709

contact with children 137

as facilitators and counsellors 755–759

liaison with counsel for the child 719–721

match for Mäori families

836–837

practice note on 711–721, 735, 737

psychologists as 704–705,

732–754

see also written reports

representation of children’s voices see counsel for the child

respondents’ interests: in orders without notice 553–562,

564–569

role-playing in parent programmes 225–226

Royal Commission on the Courts 30

Royal New Zealand Foundation for the Blind 886

S

Section 16B, Guardianship Act 583–590

Section 29A (Guardianship Act) reports 704

issues for Mäori families

836–837

self-help services for litigants

950–951

self-represented litigants

court problems for 920–921

court problems with 916–919

international support initiatives 927–936, 939–948

overview of 909–912

profile of 913–914

services for 950–951

unbundling legal services for 924–926, 948

separating parents information programmes 240–252

settlement conferences 392–395, 497–504

sexual abuse allegation cases

628–646

sign language interpreters 877–882

social workers

contact with children 137

reports from 760–776

see also Mäori social workers

specialist counselling services

cases in need of 275, 284–288

and court order compliance 536–537

specialist services co-ordinators 117

spousal maintenance applications 616

step-parents’ eligibility for counselling 271–273

supervised access orders 591–593

T

temporary protection orders without notice 564–566

tenancy orders without notice 550–551

therapeutic mediation 368–372

U

unbundling legal services 924–926, 948

United Kingdom jurisdiction in family-related matters 19, 24

United Kingdom trial parent programme 195–208

United Nations Convention on the Rights of the Child 22, 351, 648–649

United States examples of

children’s programmes 230–238

parents’ programmes 209–227

United States initiatives for self-represented litigants 941–948

United States jurisdiction in family-related matters 19

United States practices in mediation 324–325, 330, 332, 335

University of Otago Children’s Issues Centre see Children’s Issues Centre

unrepresented litigants see self-represented litigants

V

videos as information medium 184–187, 223–224

violence cases see domestic violence cases

visual impairment: implications for services 886–888

W

websites

Canadian 175

Family Court 148–150, 164, 183

Family Court of Australia

165–174, 933–935

government information on 156–164

as sources of information

162–164

Wellington Development Court trial 117

whänau support

in counselling 273–274

in hearings and settlement conferences 842–843

without-notice applications see applications without notice

without-notice interim protection orders 548–552

without-notice orders see orders without notice

women: bias in relation to see gender bias

Women’s Refuge 154

written reports

critiques of 722–731

see also report writers