Domestic Violence Act 1995

Part 1 Preliminary provisions

2 Interpretation

In this Act, unless the context otherwise requires,—

ancillary furniture order means an order made under section 63; and includes a temporary order made under that section

applicant means—

(a)

a person who applies for an order under this Act on his or her own behalf:

(b)

the person on whose behalf an application for an order is made pursuant to section 9 or section 11 or section 12 or section 73

application without notice means an application made without notice to the person or persons against whom the application is made

associated respondent means a person against whom a protection order applies by virtue of a direction made pursuant to section 17

child means a person who is under the age of 17 years; but does not include a person who is or has been married or in a civil union or a de facto relationship

child of the applicant’s family means a child who ordinarily or periodically resides with the applicant (whether or not the child is a child of the applicant and the respondent or of either of them)

contact has the meaning given to it by section 8 of the Care of Children Act 2004

country includes any State, territory, province, or other part of a country

court means the Family Court or the District Court; and includes a Judge of any such court

day-to-day care has the meaning given to it by section 8 of the Care of Children Act 2004

domestic relationship means one of the relationships set out in section 4(1)

domestic violence has the meaning set out in section 3

dwellinghouse includes—

(a)

any flat or town house, whether or not occupied pursuant to a licence to occupy within the meaning of section 122 of the Land Transfer Act 2017:

(b)

any mobile home, caravan, or other means of shelter placed or erected upon any land and intended for occupation on that land

encourage includes to incite, counsel, or procure

family member, in relation to a person, means—

(a)

any other person who is or has been related to the person by blood or by or through marriage, a civil union, or a de facto relationship, or by adoption:

(b)

any other person who is a member of the person’s whanau or other culturally recognised family group:

(c)
[Repealed]

firearms licence means a firearms licence issued under section 24 of the Arms Act 1983

foreign protection order,—

(a)

means an order made by a court in a prescribed foreign country, being—

(i)

an order to protect a person from behaviour by the person against whom the order is made, where, if the behaviour occurred in New Zealand, it would be behaviour in respect of which a protection order could be made under this Act; or

(ii)

an order that varies, discharges, or is made in substitution for, such an order; but

(b)

does not include—

(i)

an order made ex parte; or

(ii)

an order of an interim nature; or

(iii)

an order made by a court in a prescribed foreign country that varies, discharges, or is made in substitution for, a New Zealand order that is registered or is otherwise enforceable in that country

furniture order means an order made under section 67; and includes a temporary order made under that section

lawyer has the meaning given to it by section 6 of the Lawyers and Conveyancers Act 2006

occupation order means an order made under section 53; and includes a temporary order made under that section

parenting order has the meaning given to it by section 8 of the Care of Children Act 2004

partner, in the phrase “spouse or partner” and in related contexts, means, in relation to a person,—

(a)

the person’s civil union partner; or

(b)

the person’s de facto partner; or

(c)

any other person, in any case where those persons are the biological parents of the same person

prescribed foreign country means—

(a)

Australia; or

(b)

any state or territory of Australia; or

(c)

any other country outside New Zealand that is declared, by Order in Council made under section 105, to be a prescribed foreign country

property, in relation to a person, means property that—

(a)

the person owns; or

(b)

the person does not own but—

(i)

uses or enjoys; or

(ii)

is available for the person’s use or enjoyment; or

(iii)

is in the person’s care or custody; or

(iv)

is at the person’s dwellinghouse

protected person, in relation to a protection order, means—

(a)

the person for whose protection the order is made:

(b)

any child of that person’s family:

(c)

any person for whose benefit the order applies pursuant to a direction made under section 16

protection order means an order made under section 14; and includes a temporary order made under that section

registered foreign protection order means a foreign protection order that is registered in a court pursuant to section 97

Registrar means the Registrar of a court; and includes a Deputy Registrar of a court

representative,—

(a)

in relation to a minor aged 16 or under, means a guardian ad litem or next friend appointed, pursuant to rules of court, to take proceedings under this Act on behalf of that minor aged 16 or under:

(b)

in relation to a person to whom section 11 applies, means a guardian ad litem appointed, pursuant to rules of court, to take proceedings under this Act on behalf of that person:

(c)

in relation to a person to whom section 12 applies, means a guardian ad litem appointed, pursuant to that section, to take proceedings under this Act on behalf of that person

respondent means the person against whom an application has been made for an order under this Act; and includes a person (other than an associated respondent) against whom an order is made under this Act

Secretary means the chief executive of the Ministry of Justice

special condition, in relation to a protection order, means any condition of the order imposed pursuant to section 27

specified person means a person for whose benefit a protection order applies pursuant to a direction made under section 16

standard condition relating to weapons means the standard condition contained in section 21

temporary order means an order of limited duration that is made on an application without notice

tenancy order means an order made under section 57; and includes a temporary order made under that section

tenant, in relation to any dwellinghouse, includes any person—

(a)

whose tenancy of that dwellinghouse has expired or been determined; and

(b)

who is for the time being deemed, pursuant to any enactment or rule of law, to continue to be the tenant of the dwellinghouse;—

and tenancy has a corresponding meaning

use domestic violence, in relation to any person, means to engage in behaviour that amounts to domestic violence against that person

weapon means any firearm, airgun, pistol, restricted weapon, ammunition, or explosive, as those terms are defined in the Arms Act 1983.

Compare: 1982 No 120 s 2

Section 2 approved agency: repealed, on 1 October 2014, by section 4(2) of the Domestic Violence Amendment Act 2013 (2013 No 77).

Section 2 child: amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 2 contact: inserted, on 31 March 2014, by section 4(1) of the Domestic Violence Amendment Act 2013 (2013 No 77).

Section 2 court: amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 2 day-to-day care: inserted, on 16 November 2011, by section 5 of the Domestic Violence Amendment Act 2011 (2011 No 58).

Section 2 dwellinghouse paragraph (a): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 2 family member paragraph (a): replaced, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 2 family member paragraph (c): repealed, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 2 lawyer: replaced, on 1 August 2008, by section 348 of the Lawyers and Conveyancers Act 2006 (2006 No 1).

Section 2 parenting order: inserted, on 16 November 2011, by section 5 of the Domestic Violence Amendment Act 2011 (2011 No 58).

Section 2 partner: replaced, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 2 programme: repealed, on 1 October 2014, by section 4(2) of the Domestic Violence Amendment Act 2013 (2013 No 77).

Section 2 programme provider: repealed, on 1 October 2014, by section 4(2) of the Domestic Violence Amendment Act 2013 (2013 No 77).

Section 2 representative paragraph (a): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 2 Secretary: amended, on 1 October 2003, pursuant to section 14(2) of the State Sector Amendment Act 2003 (2003 No 41).