Application to rescind order made — whether Court had jurisdiction to rescind — whether without notice action was jusitified — Martin v Ryan [1990] 2 NZLR 1209 — Family Courts Rules 2002, rr 13, 14, 15, 16, 34 and 416A — Care of Children Act 2004, s 46. It was determined that the Court’s jurisdiction to rescind the without notice parenting order (r 34) made under s 46 was not excluded by r 416A. The general power to apply to rescind an order made without notice appears at Rule 34, and is in Part 2 of the Rules which, by Rule 416A, is, on the face of it, excluded from application to COCA proceedings. However, also relevant to whether the Court has jurisdiction to entertain an application to rescind are rules 13-16 in Part 1, which are applicable to COCA proceedings. Rule 15 provides that Judges must deal with matters not expressly provided by the rules under provisions that deal with similar matters. The Judge stated the plain reading of r 416A created a situation that was not intended, and therefore r 15 (matters not expressly provided for by the rules) applied. Allowing for the operation of r 34 to rescind was also in accordance with r 13, which provides for consistent practice. Judgment Date: 17 May 2016. * * * Note: names have been changed to comply with legal requirements. * * *