Changes to secrecy in NZ Family Court

One of the consistent criticisms that is made of the Family Court and Federal Magistrates Courts is that by virtue of section 121 of the Family Law Act there is almost complete secrecy. These limits were pressed earlier this year, when the Family Court lifted the secrecy veil to locate children who had been abducted… Read More »Custom Single Post Header

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board

Changes to secrecy in NZ Family Court

One of the consistent criticisms that is made of the Family Court and Federal Magistrates Courts is that by virtue of section 121 of the Family Law Act there is almost complete secrecy.

These limits were pressed earlier this year, when the Family Court lifted the secrecy veil to locate children who had been abducted by their father. The children were located, and then various media outlets interviewed the father, in apparent breach of the orders.

Subsequently, the children were removed again, and again the veil of secrecy was lifted, until they were located later that day and a man was charged with their removal.

By contrast, the situation in NZ has changed:

In 2005, limited access to the Family Court for news media
was made possible when the Care of Children Act 2004
came into force. A group of researchers with legal and media
expertise has tracked ways that Judges and the media have
subsequently responded to the new openness of the Family
Court. Their findings are presented in a recently released
report – The Family Court, Families and the Public Gaze.
The researchers found the media have been slow to make
use of the new freedom around reporting care of children
cases. Content analyses of media reports from July 2005
to June 2006 and interviews with Judges showed that there
was no increase in coverage of the Family Court after the
law changes. Less than 20 reporters attended Family Court
hearings in New Zealand during that period.
Editorial executives interviewed said that Family Court cases
were not often reported due to time and staff constraints,
lack of newsworthy or high-profile cases, restrictions on
reporting, and discomfort about reporting the matters being
dealt with by the court. Judges interviewed all supported
the new openness and were generally positive about media
attendance in their courts. There was however no clear
consensus from Judges on whether other cases in the Family
Court (for example, those under the Domestic Violence Act)
should be accessible to the media.
Also included in the report are an examination of the new
legal provisions within the context of relevant case law, and an
outline of the general regulatory regimes that are applicable to
the media.

Source: New Zealand Family Violence Clearinghouse Newsletter

Things to Read, Watch & Listen

Forced Marriage

On November 1st 2023, Accredited Family Law Specialist and Page Provan Director Stephen Page presented a paper at the Brisbane Zonta Club about forced marriage. I acknowledge the Jagera and Turrbal peoples, on whose lands we meet today, their elders, past, present and emerging. Ruqia Hidari was aged 21 and living in Victoria, when, according to police,… Read More »Forced Marriage

ACT Government Surrogacy Bill

The ACT Government has today introduced a bill to amend the ACT’s surrogacy laws. The proposed changes are more incremental than fundamental. They include allowing a single person to undertake surrogacy, for the surrogate to be single if needed, a requirement for legal advice and counselling beforehand, a written agreement being required, that traditional surrogacy is… Read More »ACT Government Surrogacy Bill

Planning to resolve: ADR in ART

ADR can help resolve disputes in ART cases. ADR is not limited to mediation and arbitration. Other types of informal dispute resolution can resolve disputes. When assisted reproductive treatment cases go off the rails, they can have the next level of bitterness and volatility. There can be a keen sense of betrayal when things don’t… Read More »Planning to resolve: ADR in ART