A family court : some proposals for New Zealand

Abstract

The administration of Family Law in New Zealand is fragmented between courts of inferior and superior jurisdiction. Their jurisdictions in Family Law matters are not only fragmented but in substantial areas overlap. There is little discernible basis for divided jurisdiction. Both the Supreme Court and the Magistrate's Court may deal with questions of custody and guardianship but the Supreme Court has exclusive jurisdiction in wardship proceedings whereas the Magistrate's Court exercises sole jurisdiction in matters of adoption. This thesis will examine Family Law jurisdictions in New Zealand at present and advance proposals for future rationalization. However, it is not simply matters of jurisdiction that must strike the observer when he analyses the law and the family in interaction in New Zealand. The environment and the procedures of the courts apparently work against the parties who resort to these tribunals. Judicial proceedings have never been designed to lessen animosity. In family proceedings this is particularly evident. Often bitterness is merely increased by the court hearing.