Domestic Violence Act 1995

Standard conditions of protection orders

19 Standard conditions of protection order

(1)

It is a condition of every protection order that the respondent must not—

(a)

physically or sexually abuse the protected person; or

(b)

threaten to physically or sexually abuse the protected person; or

(c)

damage, or threaten to damage, property of the protected person; or

(d)

engage, or threaten to engage, in other behaviour, including intimidation or harassment, which amounts to psychological abuse of the protected person; or

(e)

encourage any person to engage in behaviour against a protected person, where the behaviour, if engaged in by the respondent, would be prohibited by the order.

(2)

Without limiting subsection (1), but subject to section 20, it is a condition of every protection order that at any time other than when the protected person and the respondent are, with the express consent of the protected person, living in the same dwellinghouse, the respondent must not,—

(a)

watch, loiter near, or prevent or hinder access to or from, the protected person’s place of residence, business, employment, educational institution, or any other place that the protected person visits often; or

(b)

follow the protected person about or stop or accost the protected person in any place; or

(c)

without the protected person’s express consent, enter or remain on any land or building occupied by the protected person; or

(d)

where the protected person is present on any land or building, enter or remain on that land or building in circumstances that constitute a trespass; or

(e)

make any other contact with the protected person (whether by telephone, electronic message, correspondence, or otherwise), except such contact—

(i)

as is reasonably necessary in any emergency; or

(ii)

as is permitted under any order or written agreement relating to the role of providing day-to-day care for, or contact with, or custody of any minor; or

(iii)

as is permitted under any special condition of the protection order; or

(iv)

as is necessary for the purposes of attending a family group conference within the meaning of section 2 of the Oranga Tamariki Act 1989; or

(v)

as is necessary for the purposes of attending a settlement conference convened under section 46Q of the Care of Children Act 2004.

(3)

Where, pursuant to a direction made under section 17, a protection order applies against an associated respondent, the provisions of this section apply, with all necessary modifications, in respect of the associated respondent.

(4)

References in subsection (2) of this section to the express consent of a protected person include the express consent of a person (other than the respondent or, as the case may be, the associated respondent) who is specified, in a special condition of the protection order imposed pursuant to section 27(3), as a person who is entitled to consent, on the protected person’s behalf, in relation to the matter, and to withdraw such consent.

Compare: 1982 No 120 ss 7, 16

Section 19(2)(e): amended, on 28 October 2009, by section 4 of the Domestic Violence Amendment Act 2009 (2009 No 43).

Section 19(2)(e)(ii): amended, on 1 July 2005, by section 151 of the Care of Children Act 2004 (2004 No 90).

Section 19(2)(e)(iv): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 19(2)(e)(iv): amended, on 31 March 2014, by section 8(1) of the Domestic Violence Amendment Act 2013 (2013 No 77).

Section 19(2)(e)(v): inserted, on 31 March 2014, by section 8(2) of the Domestic Violence Amendment Act 2013 (2013 No 77).