Part 1 Preliminary provisions

Interpretation

2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

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 under section 11 or section 13

associated respondent means a person against whom a restraining order applies by virtue of a direction made under section 18

court means the District Court; and includes a District Court Judge

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, marriage, civil union, de facto relationship, or adoption:

(b)

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

(c)
[Repealed]

harassment has the meaning set out in section 3; and harass has a corresponding meaning

property, in relation to a person, means property (whether real or personal) 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

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, under 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 13 applies, means a guardian ad litem appointed, under that section, to take proceedings under this Act on behalf of that person

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

restraining order means an order made under section 16

safety, in relation to any person, includes that person’s mental well-being

special condition, in relation to a restraining order, means any condition of the order imposed under section 20

specified act means one of the types of activity specified or described in section 4(1).

(2)

For the purposes of this Act, a person is in a family relationship with another person if the person—

(a)

is a current or former spouse, civil union partner, or de facto partner of the other person; or

(b)

is a family member of the other person.

Section 2(1) child: repealed, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

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

Section 2(1) family member paragraph (a): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 2(1) family member paragraph (c): repealed, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 2(1) partner: repealed, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 2(1) representative paragraph (a): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

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