Sentencing Amendment Act (No 2) 2009

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Sentencing Amendment Act (No 2) 2009

Public Act2009 No 44
Date of assent27 October 2009
Commencementsee section 2

The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the Sentencing Amendment Act (No 2) 2009.

2 Commencement
  • This Act comes into force on 1 July 2010.

3 Principal Act amended
4 New heading and sections 123A to 123G inserted
  • The following heading and sections are inserted after section 123:

    Protection orders

    123A Interpretation of terms used in this section and sections 123B to 123G
    • In this section and sections 123B to 123G, unless the context otherwise requires,—

      child has the meaning given to it by section 2 of the Domestic Violence Act 1995

      domestic relationship has the meaning given to it by section 4 of the Domestic Violence Act 1995

      domestic violence offence means an offence against any enactment (other than the Domestic Violence Act 1995) involving the use of violence against a person, other than a child, with whom the offender is, or has been, in a domestic relationship

      domestic violence proceedings means proceedings in a Family Court or a District Court under the Domestic Violence Act 1995 that relate wholly or partly to an application for a protection order

      victim of the offence means the person against whom the offence was committed by the offender

      violence has the meaning given to it by section 3(2), (4), and (5) of the Domestic Violence Act 1995.

    123B Protection order
    • (1) This section applies if—

      • (a) an offender is convicted of a domestic violence offence; and

      • (b) there is not currently in force a protection order against the offender made under the Domestic Violence Act 1995 for the protection of the victim of the offence.

      (2) The court may make a protection order against the offender if—

      • (a) it is satisfied that the making of the order is necessary for the protection of the victim of the offence; and

      • (b) the victim of the offence does not object to the making of the order.

      (3) A protection order may be made under this section in addition to imposing a sentence or making any other order.

      (4) An order may be made under subsection (2) even though domestic violence proceedings have been filed by the victim of the offence against the offender, and those proceedings have not yet been determined.

      (5) If an order is made under subsection (2) in the circumstances described in subsection (4), the domestic violence proceedings, in so far as they relate to an application for a protection order against the offender, end.

    123C Provisions applying to protection order made under section 123B
    • (1) Subject to the modifications set out in subsection (2), the following provisions apply so far as applicable to a protection order made under section 123B as if that order were a final protection order made under the Domestic Violence Act 1995:

      • (a) sections 16(1), 19 (except subsection (3)), 20 (except subsection (5)), 21 (except subsections (2)(a), (4), and (5)), 24(3), 25(1) (except paragraph (a)), 26(1), 28 (except subsection (6)), 32(1) and (4), and 33 of the Domestic Violence Act 1995; and

      • (b) section 27 of the Domestic Violence Act 1995, except that the court may not impose a condition relating to the matters set out in subsection (2) of that section.

      (2) The modifications referred to in subsection (1) are as follows:

      • (a) every reference to protection order or final order must be read as a reference to an order made under section 123B:

      • (b) every reference to the respondent must be read as a reference to the offender:

      • (c) every reference to the applicant or protected person must be read as a reference to the victim of the offence.

    123D Explanation of protection order
    • (1) On making a protection order, the Judge or Registrar must explain to the offender—

      • (a) the effect of—

        • (i) the order; and

        • (ii) any direction to attend a programme made under section 32 of the Domestic Violence Act 1995 (as applied by section 123C(1)(a)); and

      • (b) the consequences that may follow if the offender fails to—

        • (i) comply with the terms of the order; or

        • (ii) attend any session of a programme that he or she has been directed to attend; and

      • (c) the means by which the order can be varied or discharged.

      (2) Failure to give the explanation required by subsection (1) does not affect the validity of the order made.

    123E Protection order to be issued and served on offender
    • (1) Where the court makes a protection order under section 123B, the Registrar of that court must—

      • (a) immediately issue the order; and

      • (b) wherever practicable, serve a copy of the order on the offender before he or she leaves the court.

      (2) For the purpose of subsection (1), the court may direct that the offender be detained in the custody of the court for a period, not exceeding 2 hours, that may be necessary to enable the order to be issued and a copy served on the offender.

    123F Protection order to be sent to Family Court
    • (1) Immediately after the issue of a protection order in accordance with section 123E, the court must send a copy of the order to the Family Court nearest to where the victim of the offence resides.

      (2) On receipt of a copy of an order under subsection (1), the Registrar of the Family Court must enter the order in the records of the Family Court.

    123G Protection order treated as if made by Family Court
    • As soon as an order has been entered in the records of the Family Court under section 123F(2),—

      • (a) the order is to be treated as if it were a final protection order made by that court under the Domestic Violence Act 1995; and

      • (b) sections, 22(2)(b) and (6), 23, 29 to 31, 34, 35, 38 to 44, 45(2), 46(1), 47(1), 48 to 50, 82, and 88 to 95 of the Domestic Violence Act 1995 apply to the order accordingly.


Legislative history

20 October 2009Divided from Domestic Violence (Enhancing Safety) Bill (Bill 9–2) by committee of the whole House, third reading
27 October 2009Royal assent

This Act is administered by the Ministry of Justice and the Department of Corrections.