New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 16 November 2011
| Public Act | 1995 No 86 |
| Date of assent | 15 December 1995 |
| Commencement | see section 1 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Ministry of Justice.
1 Short Title and commencement
3 Meaning of domestic violence
4 Meaning of domestic relationship
7 Application for protection order
10 Applications against minors
11 Applications on behalf of persons lacking capacity
12 Applications on behalf of certain other persons
13 Application without notice for protection order
14 Power to make protection order
15 Existence of other proceedings not to preclude granting of protection order
16 Protection of persons other than applicant
17 Protection from respondent’s associates
Standard conditions of protection orders
19 Standard conditions of protection order
20 Further provisions relating to standard condition prohibiting contact
Standard condition relating to weapons
21 Standard condition relating to weapons
22 Court may dispense with, modify, discharge, or re-impose standard condition relating to weapons
23 Further provisions relating to powers conferred by section 22
24 Further provisions relating to effect of standard condition relating to weapons
25 Retention, return, and disposal of surrendered weapons and licences
Special conditions of protection orders
27 Court may impose special conditions
28 Further provisions relating to certain special conditions
Interim care and contact orders
28B Interim orders in respect of child of applicant's family
28D Application for parenting order under Care of Children Act 2004 must be made
29 Programmes for protected persons
32 Power to direct respondent or associated respondent to attend programme
33 Terms of direction that respondent or associated respondent attend programme
34 Registrar to notify programme provider to whom respondent or associated respondent is referred
35 Programme provider to arrange meeting with respondent or associated respondent
36 Direction to attend programme made on application without notice
37 Court may confirm or discharge direction
38 Respondent or associated respondent excused from attending
39 Notice of absence from programme
40 Notice of conclusion of programme
41 Programme provider may request variation of direction
41A Powers of Registrar on receipt of notice under section 39 or 41
42 Judge may call respondent or associated respondent before court
42A Respondent or associated respondent called before court
43 Confidentiality of information disclosed to programme provider
44 Programme providers’ fees and expenses
Duration, variation, and discharge of protection orders
45 Duration of protection order
46 Power to vary protection order
47 Power to discharge protection order
48 Variation or discharge on behalf of protected person
Enforcement of protection orders
49 Offence to breach protection order
49A Offence to fail to comply with direction
50 Power to arrest for breach of protection order
51 Release of person arrested [Repealed]
Part 3
Orders relating to property
52 Application for occupation order
53 Power to make occupation order
55 Power to vary or discharge occupation order
56 Application for tenancy order
57 Power to make tenancy order
59 Power to discharge tenancy order and revest tenancy
General provisions relating to occupation orders and tenancy orders
60 Application without notice for occupation order or tenancy order
61 Procedure for occupation orders and tenancy orders
62 Application for ancillary furniture order
63 Power to make ancillary furniture order
64 Effect of ancillary furniture order
65 Power to vary or discharge ancillary furniture order
66 Application for furniture order
67 Power to make furniture order
69 Power to vary or discharge furniture order
Applications without notice for furniture orders
70 Application without notice for ancillary furniture order or furniture order
General provisions relating to property orders
71 Applications for property orders by minors
72 Applications for property orders against minors
73 Applications for property orders on behalf of persons other than children
74 Notice to persons with interest in property affected
75 Protection of mortgagees, etc
76 Respondent to notify intention to appear
77 Procedure where respondent does not require hearing
78 Court may require hearing before order becomes final
79 Application of sections 76 to 78 to other affected persons
79A Review of contact arrangements
80 Procedure where hearing required
80A Temporary order discharged when made final order under section 80(1)
82 Power of court to call witnesses
88 Copies of orders to be sent to Police
89 Information on service of certain orders to be communicated to Police
90 Police to consider exercise of powers under Arms Act 1983
92 Application of provisions relating to minors, etc
94 Appeals to be heard as soon as practicable
Part 5
Enforcement of protection orders overseas and foreign protection orders
Enforcement of New Zealand orders overseas
96 Enforcement of New Zealand orders overseas
Enforcement of foreign protection orders
97 Registration of foreign protection orders
98 Copies of registered foreign protection orders to be sent to Police
100 Variation of registered foreign protection order
101 Registered foreign protection orders not to be enforced in certain circumstances
104 Depositions to be evidence
105 Prescribed foreign countries
106 Evidence of orders made in foreign country
Part 6
Non-publication of information relating to protected person on public registers
108 Protected person may apply for direction that identifying information on public register not be publicly available
109 Agency to determine application
110 Agency to notify applicant of decision
111 Information not to be disclosed pending determination of application or complaint
113 Direction not applicable to relevant information subsequently included in register
115 Registrar to notify agency of making or discharge of protection order
Disclosure of relevant information with consent
116 Disclosure of relevant information with consent of protected person
117 Other enactments not affected
Complaints to Privacy Commissioner
118 Complaints to Privacy Commissioner
119 Investigation of complaint
120 Application of certain provisions of Privacy Act 1993
123 Application of certain provisions of Privacy Act 1993
124B Qualified constable may issue Police safety order
124C Consent to issue of Police safety order not required
124D Police safety order not to be issued against child
124E Effect of Police safety order
124F Suspension of firearms licence on issue of Police safety order
124G Suspension of parenting orders, etc
124H Prompt service of Police safety order required
124J Police safety order to be explained
124K Duration of Police safety order
124L Contravention of Police safety order
124M Issue of summons where person cannot be brought before District Court within 24 hours
124N Jurisdiction of District Court
124O Issue of warrant to arrest person who contravenes Police safety order or fails to attend adjourned proceedings
124P Protection order to be issued and served
124Q Protection order to be sent to Family Court
124R Protection order treated as if made by Family Court
124S Police employees, etc, protected from proceedings
Part 7
Miscellaneous provisions
125 Restriction of publication of reports of proceedings
128 Property (Relationships) Act 1976 not affected
Repeals and consequential amendments
130 Amendments to Arms Act 1983
131 Amendment to Children, Young Persons, and Their Families Act 1989
An Act to provide greater protection from domestic violence
