Reprint as at 1 October 2014

Domestic Violence Act 1995

Public Act1995 No 86
Date of assent15 December 1995
Commencementsee 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

1 Short Title and commencement

Part 1
Preliminary provisions

2 Interpretation

3 Meaning of domestic violence

4 Meaning of domestic relationship

5 Object

6 Act to bind the Crown

Part 2
Protection orders

Applications

7 Application for protection order

8 Contents of application

9 Applications by minors

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

Scope of protection orders

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

18 Mutual orders

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

26 Arms Act 1983 not affected

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

28C Duration of interim order

28D Application for parenting order under Care of Children Act 2004 must be made

Programmes

[Repealed]

29 Programmes for protected persons [Repealed]

30 Commencement of section 29 [Repealed]

31 Joint programme sessions [Repealed]

32 Power to direct respondent or associated respondent to attend programme [Repealed]

33 Terms of direction that respondent or associated respondent attend programme [Repealed]

34 Registrar to notify programme provider to whom respondent or associated respondent is referred [Repealed]

35 Programme provider to arrange meeting with respondent or associated respondent [Repealed]

36 Direction to attend programme made on application without notice [Repealed]

37 Court may confirm or discharge direction [Repealed]

38 Respondent or associated respondent excused from attending [Repealed]

39 Notice of absence from programme [Repealed]

40 Notice of conclusion of programme [Repealed]

41 Programme provider may request variation of direction [Repealed]

41A Powers of Registrar on receipt of notice under section 39 or 41 [Repealed]

42 Judge may call respondent or associated respondent before court [Repealed]

42A Respondent or associated respondent called before court [Repealed]

43 Confidentiality of information disclosed to programme provider [Repealed]

44 Programme providers’ fees and expenses [Repealed]

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 [Repealed]

50 Power to arrest for breach of protection order

51 Release of person arrested [Repealed]

Part 2A
Programmes

51A Interpretation

Approval of service providers

51B Service providers

Safety programmes

51C Safety programmes for protected persons

Non-violence programmes

51D Direction to attend assessment and non-violence programme

51E Direction to attend non-violence programme made on application without notice

51F Court may confirm or discharge direction after considering objection made under section 51E

51G Referral of respondent to service provider

51H Service provider to meet with respondent

51I Service provider to notify Registrar about safety concerns

51J Referral to different service provider

51K Judge may discharge direction to attend non-violence programme in certain cases

51L Service provider and respondent to settle terms of attendance at non-violence programme

51M Notice to be given to court if continued provision of non-violence programme inappropriate

Non-compliance with direction to attend assessment and non-violence programme

51N Notice of non-compliance with direction

51O Powers of Registrar on receipt of notice under section 51N

51P Judge may call respondent before court

51Q Respondent called before court

Completion of non-violence programme

51R Notice of completion and outcome of non-violence programme

Confidentiality of information

51S Confidentiality of information disclosed to service provider

Enforcement of directions

51T Offence to fail to comply with direction

Part 3
Orders relating to property

Occupation orders

52 Application for occupation order

53 Power to make occupation order

54 Effect of occupation order

55 Power to vary or discharge occupation order

Tenancy orders

56 Application for tenancy order

57 Power to make tenancy order

58 Effect of 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

Ancillary furniture 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

Furniture orders

66 Application for furniture order

67 Power to make furniture order

68 Effect of 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

Part 4
Procedure

Temporary orders

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)

General provisions

81 Court may appoint lawyer

82 Power of court to call witnesses

83 Conduct of proceedings

84 Evidence [Repealed]

85 Standard of proof

86 Orders by consent

87 Explanation of orders

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

Appeals

91 Appeals to High Court

92 Application of provisions relating to minors, etc

93 Appeals to Court of Appeal

94 Appeals to be heard as soon as practicable

95 Effect of appeal

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

99 Effect of registration

100 Variation of registered foreign protection order

101 Registered foreign protection orders not to be enforced in certain circumstances

102 Evidence taken overseas

103 Proof of documents

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

Interpretation

107 Interpretation

Applications for directions

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

Effect of direction

112 Effect of direction

113 Direction not applicable to relevant information subsequently included in register

Duration of direction

114 Duration of direction

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

Other enactments not affected

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

Regulations

121 Regulations

Codes of practice

122 Codes of practice

123 Application of certain provisions of Privacy Act 1993

124 Effect of code

Part 6A
Police safety orders

124A Interpretation

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

124I Detention by constable

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

Restriction on publication

125 Restriction of publication of reports of proceedings

Rules and regulations

126 Rules of court

127 Regulations

Saving

128 Property (Relationships) Act 1976 not affected

Repeals and consequential amendments

129 Repeals

130 Amendments to Arms Act 1983

131 Amendment to Children, Young Persons, and Their Families Act 1989

132 Amendment to Electoral Act 1993

Transitional provisions on enactment of this Act

133 Transitional provisions

Transitional provisions applying on enactment of Domestic Violence Amendment Act 2013

134 Programmes requested or directed before commencement of this section

135 Referrals to programme providers before commencement of this section

136 Programmes arranged or in progress before commencement of this section

137 Proceedings commenced before commencement of this section but not completed

138 Approval panel disestablished

Reprint notes


An Act to provide greater protection from domestic violence