Reprint as at 18 October 2016

Coat of Arms of New Zealand

Domestic Violence Act 1995

Public Act
 
1995 No 86
Date of assent
 
15 December 1995
Commencement
 
see section 1
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice.

Contents

Title
1Short Title and commencement
2Interpretation
3Meaning of domestic violence
4Meaning of domestic relationship
5Object
6Act to bind the Crown
7Application for protection order
8Contents of application
9Applications by minors
10Applications against minors
11Applications on behalf of persons lacking capacity
12Applications on behalf of certain other persons
13Application without notice for protection order
14Power to make protection order
15Existence of other proceedings not to preclude granting of protection order
16Protection of persons other than applicant
17Protection from respondent’s associates
18Mutual orders
19Standard conditions of protection order
20Further provisions relating to standard condition prohibiting contact
21Standard condition relating to weapons
22Court may dispense with, modify, discharge, or re-impose standard condition relating to weapons
23Further provisions relating to powers conferred by section 22
24Further provisions relating to effect of standard condition relating to weapons
25Retention, return, and disposal of surrendered weapons and licences
26Arms Act 1983 not affected
27Court may impose special conditions
28Further provisions relating to certain special conditions
28BInterim orders in respect of child of applicant’s family
28CDuration of interim order
28DApplication for parenting order under Care of Children Act 2004 must be made
[Repealed]
29Programmes for protected persons [Repealed]
30Commencement of section 29 [Repealed]
31Joint programme sessions [Repealed]
32Power to direct respondent or associated respondent to attend programme [Repealed]
33Terms of direction that respondent or associated respondent attend programme [Repealed]
34Registrar to notify programme provider to whom respondent or associated respondent is referred [Repealed]
35Programme provider to arrange meeting with respondent or associated respondent [Repealed]
36Direction to attend programme made on application without notice [Repealed]
37Court may confirm or discharge direction [Repealed]
38Respondent or associated respondent excused from attending [Repealed]
39Notice of absence from programme [Repealed]
40Notice of conclusion of programme [Repealed]
41Programme provider may request variation of direction [Repealed]
41APowers of Registrar on receipt of notice under section 39 or 41 [Repealed]
42Judge may call respondent or associated respondent before court [Repealed]
42ARespondent or associated respondent called before court [Repealed]
43Confidentiality of information disclosed to programme provider [Repealed]
44Programme providers’ fees and expenses [Repealed]
45Duration of protection order
46Power to vary protection order
47Power to discharge protection order
48Variation or discharge on behalf of protected person
49Offence to breach protection order
49AOffence to fail to comply with direction [Repealed]
50Power to arrest for breach of protection order
51Release of person arrested [Repealed]
51AInterpretation
51BService providers
51CSafety programmes for protected persons
51DDirection to attend assessment and non-violence programme
51EDirection to attend non-violence programme made on application without notice
51FCourt may confirm or discharge direction after considering objection made under section 51E
51GReferral of respondent to service provider
51HService provider to meet with respondent
51IService provider to notify Registrar about safety concerns
51JReferral to different service provider
51KJudge may discharge direction to attend non-violence programme in certain cases
51LService provider and respondent to settle terms of attendance at non-violence programme
51MNotice to be given to court if continued provision of non-violence programme inappropriate
51NNotice of non-compliance with direction
51OPowers of Registrar on receipt of notice under section 51N
51PJudge may call respondent before court
51QRespondent called before court
51RNotice of completion and outcome of non-violence programme
51SConfidentiality of information disclosed to service provider
51TOffence to fail to comply with direction
52Application for occupation order
53Power to make occupation order
54Effect of occupation order
55Power to vary or discharge occupation order
56Application for tenancy order
57Power to make tenancy order
58Effect of tenancy order
59Power to discharge tenancy order and revest tenancy
60Application without notice for occupation order or tenancy order
61Procedure for occupation orders and tenancy orders
62Application for ancillary furniture order
63Power to make ancillary furniture order
64Effect of ancillary furniture order
65Power to vary or discharge ancillary furniture order
66Application for furniture order
67Power to make furniture order
68Effect of furniture order
69Power to vary or discharge furniture order
70Application without notice for ancillary furniture order or furniture order
71Applications for property orders by minors
72Applications for property orders against minors
73Applications for property orders on behalf of persons other than children
74Notice to persons with interest in property affected
75Protection of mortgagees, etc
76Respondent to notify intention to appear
77Procedure where respondent does not require hearing
78Court may require hearing before order becomes final
79Application of sections 76 to 78 to other affected persons
79AReview of contact arrangements
80Procedure where hearing required
80ATemporary order discharged when made final order under section 80(1)
81Court may appoint lawyer
82Power of court to call witnesses
83Conduct of proceedings
84Evidence [Repealed]
85Standard of proof
86Orders by consent
87Explanation of orders
88Copies of orders to be sent to Police
89Information on service of certain orders to be communicated to Police
90Police to consider exercise of powers under Arms Act 1983
91Appeals to High Court
92Application of provisions relating to minors, etc
93Appeals to Court of Appeal
94Appeals to be heard as soon as practicable
95Effect of appeal
96Enforcement of New Zealand orders overseas
97Registration of foreign protection orders
98Copies of registered foreign protection orders to be sent to Police
99Effect of registration
100Variation of registered foreign protection order
101Registered foreign protection orders not to be enforced in certain circumstances
102Evidence taken overseas
103Proof of documents
104Depositions to be evidence
105Prescribed foreign countries
106Evidence of orders made in foreign country
107Interpretation
108Protected person may apply for direction that identifying information on public register not be publicly available
109Agency to determine application
110Agency to notify applicant of decision
111Information not to be disclosed pending determination of application or complaint
112Effect of direction
113Direction not applicable to relevant information subsequently included in register
114Duration of direction
115Registrar to notify agency of making or discharge of protection order
116Disclosure of relevant information with consent of protected person
117Other enactments not affected
118Complaints to Privacy Commissioner
119Investigation of complaint
120Application of certain provisions of Privacy Act 1993
121Regulations
122Codes of practice
123Application of certain provisions of Privacy Act 1993
124Effect of code
124AInterpretation
124BQualified constable may issue Police safety order
124CConsent to issue of Police safety order not required
124DPolice safety order not to be issued against child
124EEffect of Police safety order
124FSuspension of firearms licence on issue of Police safety order
124GSuspension of parenting orders, etc
124HPrompt service of Police safety order required
124IDetention by constable
124JPolice safety order to be explained
124KDuration of Police safety order
124LContravention of Police safety order
124MIssue of summons where person cannot be brought before District Court within 24 hours
124NJurisdiction of District Court
124OIssue of warrant to arrest person who contravenes Police safety order or fails to attend adjourned proceedings
124PProtection order to be issued and served
124QProtection order to be sent to Family Court
124RProtection order treated as if made by Family Court
124SPolice employees, etc, protected from proceedings
125Restriction of publication of reports of proceedings
126Rules of court
127Regulations
128Property (Relationships) Act 1976 not affected
129Repeals
130Amendments to Arms Act 1983
131Amendment to Children, Young Persons, and Their Families Act 1989
132Amendment to Electoral Act 1993
133Transitional provisions
134Programmes requested or directed before commencement of this section
135Referrals to programme providers before commencement of this section
136Programmes arranged or in progress before commencement of this section
137Proceedings commenced before commencement of this section but not completed
138Approval panel disestablished
Reprint notes

An Act to provide greater protection from domestic violence