Updates in the Family Court Space
On 2 April 2024, the Attorney-General appointed six Family Court Associates. On 7 February 2025, the Attorney-General announced the appointment of seven more Family Court Associates, who will take up their roles between February and March.
These Family Court Associates are specialists in Family Law, having been admitted for a minimum of seven years and holding relevant qualifications to warrant their appointment.
Family Court Associates are judicial officers appointed to assist Family Court Judges by managing cases and making decisions on certain matters. Their appointment aims to help address the backlog of cases in the Family Court.
How will Family Court Associates help?
There is a significant backlog of cases within the Family Court. When the first round of Family Court Associates was appointed, the Attorney-General said there were around “16,000 active cases before the Family Court with the average age of these cases of 300 days”. Family Court Associates will help reduce the administrative duties that tie up Judges and will enable a steady flow of cases to proceed, providing more timely resolutions within the Family Court.
What can Family Court Associates do?
Family Court Associates will take on more administrative tasks, allowing Judges to focus on the significant number of complex cases within the Family Court.
Some of the tasks that Family Court Associates will undertake include:
Case management and directions to progress cases – This means that Family Court Associates check new applications to ensure the prerequisite steps have been taken. Their powers include the ability to grant leave to apply for a parenting order, or leave to apply for a substantially similar proceeding.
Appointing lawyers – This includes the appointment of a lawyer for a child in Care of Children Act cases, or a lawyer for a subject person when a lawyer is needed for someone who lacks capacity.
Convening settlement conferences and making orders by consent – Although some orders are limited in scope.
Directing specialist reports – These could be social worker or psychologist reports in Care of Children Act cases, or medical reports in instances under the Protection of Personal and Property Rights Act.
Making some orders – This can include making orders for supervised contact (if undefended), orders preventing the removal of a child (only if Family Court or District Court Judges are unavailable), paternity orders (if undefended), and orders by consent under the Protection of Personal and Property Rights Act.
Family Court Associates are limited in their role and will generally only be involved in the early stages of a case.
Conclusion
The appointment of Family Court Associates is a positive step toward addressing the growing pressures on New Zealand's Family Court system. By taking on administrative and procedural tasks, they will free up Judges to focus on the more complex aspects of cases, ultimately helping to reduce the backlog and ensure families receive timely resolutions. While their role is crucial, Family Court Associates are limited in scope and will primarily assist in the early stages of cases. With their specialised skills, they offer valuable support to the Family Court, contributing to a more efficient and accessible system for those in need of family law services.