Family court dispute resolution

This project considered what changes, if any, were necessary and desirable in the administration, management and procedure of the Family Court in order to facilitate the early resolution of disputes. The Commission was requested to consider:
- the part in the process played by information giving, counselling, legal advice,
- who can best fulfil each of these functions;
- how those services are provided;
- the timing of the different interventions and the means of accessing them;
 - how the views and interests of children should be best represented and at what stage of the process; and
- culturally appropriate personnel and processes.

In June 2001 the Law Commission received terms of reference from the Government to undertake a review to consider what changes, if any, are necessary and desirable in the administration, management and procedure of the Family Court in order to facilitate the early resolution of disputes. The Commission as requested to consider: 

1. The part in the process played by information giving, counselling, legal advice, mediation, assessment, case management and adjudication; who can best fulfill each of these functions; 
2. How those services are provided; 
3. The timing of the different interventions and the means of accessing them; 
4. How the views and interests of children should be best represented and at what stage of the process; and 
5. Culturally appropriate personnel and processes. 

The terms of reference also required the Commission to look at resource allocation in the family jurisdiction and to consult widely

Family Court Dispute Resolution (NZLC PP47)

The Commission's Preliminary Paper, Family Court Dispute Resolution (PP47).

Dispute Resolution in the Family Court (NZLC R82)

The Commission's Report, Dispute Resolution in the Family Court (R82).

A number of the Commission’s recommendations are reflected in Family Courts Matters Bill 2007; however, the issue has been overtaken by the Family Court Proceeding Reform Bill 2013.