Domestic Violence Amendment Act 2008

Reprint
as at 18 May 2009

Crest

Domestic Violence Amendment Act 2008

Public Act2008 No 77
Date of assent16 September 2008
Commencementsee section 2

Note

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.


The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the Domestic Violence Amendment Act 2008.

2 Commencement
  • (1) This Act comes into force on a date to be appointed by the Governor-General by Order in Council.

    (2) One or more Orders in Council may be made appointing different dates for the commencement of different provisions and for different purposes.

    Section 2: Domestic Violence Amendment Act 2008 (except sections 4–6 and 14) brought into force, on 18 May 2009, by the Domestic Violence Amendment Act 2008 Commencement Order 2009 (SR 2009/80).

3 Principal Act amended
4 Interpretation
  • Section 2 is amended by inserting the following definitions in their appropriate alphabetical order:

    approved provider has the meaning given to it by section 58 of the Care of Children Act 2004

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

    supervised contact has the meaning given to it by section 58 of the Care of Children Act 2004.

5 Court may impose special conditions
  • Section 27 is amended by repealing subsection (2) and substituting the following subsections:

    • (2) Without limiting subsection (1), a condition imposed under that subsection may relate to either or both of the following matters:

      • (a) the manner in which the respondent or the associated respondent, or both, are to have contact with a child, and any arrangements necessary to facilitate that manner of contact:

      • (b) the manner and circumstances in which the respondent or the associated respondent, or both, may make contact with any other protected person.

    • (2A) Where a condition imposed under subsection (1) relating to the matter set out in subsection (2)(a) requires the contact between a child and either the respondent or the associated respondent, or both, to be supervised contact, the Court must specify in the order whether the supervised contact is to occur—

      • (a) under the supervision of an approved provider; or

      • (b) in the immediate presence of a person approved by the Court (for example, a relative, a friend of the family of the child, or any other person whom the Court considers suitable).

6 New section 28A inserted
  • The following section is inserted after section 28:

    28A Costs of formal supervised contact
    • (1) This section applies only to a supervised contact that—

      • (a) is imposed as a condition of a protection order under section 27(1); and

      • (b) is supervised by an approved provider.

      (2) The number of sessions of the contact that will be funded out of public money must be determined in accordance with regulations made under section 127(aa) or, in the absence of regulations of that kind, by the Registrar or the Court.

      (3) Fees in respect of the contact—

      • (a) must be determined in accordance with regulations made under section 127(ab) or, in the absence of regulations of that kind, by the Registrar or the Court; and

      • (b) are payable out of public money appropriated by Parliament for the purpose.

7 Notice of absence from programme
8 Programme provider may request variation of direction
9 New section 41A inserted
  • The following section is inserted after section 41:

    41A Powers of Registrar on receipt of notice under section 39 or 41
    • (1) On receiving a notice under section 39 or 41, the Registrar must, without delay, either—

      • (a) exercise the powers under section 82, as if he or she were the Court referred to in that section, to call the respondent or, as the case may be, the associated respondent before the Court; or

      • (b) bring the matter to the attention of a Judge so that the Judge may consider whether to exercise the power conferred by section 42 in relation to the respondent or, as the case may be, the associated respondent.

      (2) Where the Registrar exercises the powers under section 82 in the manner allowed by subsection (1)(a) then, subject to any regulations made under this Act, section 82 applies so far as applicable and with the necessary modifications as if the respondent or, as the case may be, the associated respondent, were a witness in the proceedings.

10 Judge may call respondent or associated respondent before Court
11 New section 42A inserted
  • The following section is inserted after section 42:

    42A Respondent or associated respondent called before Court
    • (1) Where a respondent or an associated respondent appears before the Court under section 41A(1)(a) or section 42, the Court may, after hearing the respondent or the associated respondent, confirm, vary, or discharge the direction.

      (2) The Court may not vary or discharge a direction confirmed or varied under section 37 unless a variation of that direction has been requested under section 41.

      (3) Where the Court confirms or varies a direction under subsection (1) and the respondent or, as the case may be, the associated respondent is before the Court, the Judge must warn him or her that non-compliance with the direction is an offence punishable by imprisonment.

      (4) Failure to give the warning required by subsection (3) does not affect the validity of the direction confirmed or varied.

12 Conduct of proceedings
  • (1) Section 83(1) is amended by inserting the following paragraph after paragraph (f):

    • (fa) accredited news media reporters:.

    (2) Section 83(3) is amended by inserting and any accredited news media reporter after witness.

    (3) Section 83 is amended by repealing subsection (5) and substituting the following subsection:

    • (5) Nothing in this section limits any other power of the Court—

      • (a) to hear proceedings in private; or

      • (b) to permit a McKenzie friend to be present; or

      • (c) to exclude any person from the Court.

13 New section 125 substituted
  • Section 125 is repealed and the following section substituted:

    125 Restriction of publication of reports of proceedings
    • Sections 11B to 11D of the Family Courts Act 1980 apply to the publication of a report of any proceedings under this Act (other than criminal proceedings)—

      • (a) in a Family Court:

      • (b) in any other court, in which case references in those sections to the Family Court or Court must be read as references to that other court.

14 Regulations
  • Section 127 is amended by inserting the following paragraphs after paragraph (a):

    • (aa) providing for the determination, for the purposes of section 28A(2), of the number of sessions of supervised contact (imposed as a condition of a protection order under section 27(1), and supervised by an approved provider) that will be funded out of public money:

    • (ab) providing for the determination, for the purposes of section 28A(3), of the amount of fees and expenses, including minimum and maximum amounts, payable to approved providers in respect of supervised contact carried out as a condition of a protection order imposed under section 27(1), which fees and expenses may differ—

      • (i) according to the number of sessions of supervised contact determined to be carried out under section 28A(2); and

      • (ii) according to whether supervised contact is to be carried out in a specified number of proceedings during a specified period:.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Domestic Violence Amendment Act 2008. The reprint incorporates all the amendments to the Act as at 18 May 2009, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/legislation/reprints.shtml or Part 8 of the Tables of Acts and Ordinances and Statutory Regulations, and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)