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Hon Annette King
Government Bill
304—1
Explanatory note
1 Title
2 Commencement
3 Purpose
Part 1Amendments to Domestic Violence Act 1995
4 Principal Act amended
5 Interpretation
6 Object
7 Applications by minors
8 Applications against minors
9 Application without notice for protection order
10 Protection of persons other than applicant
11 New heading and sections 28B to 28D inserted
Interim care and contact orders
28B Interim orders in respect of child of applicant's family
28C Duration of interim order
28D Application for parenting order under Care of Children Act 2004 must be made
12 New heading substituted
13 New sections 28E and 28F inserted
28E Purpose of information session
28F Information session must be offered to protected persons
14 Programmes for protected persons
15 New section 29A inserted
29A Programmes for child who was protected person
16 Power to direct respondent or associated respondent to attend programme
17 Terms of direction that respondent or associated respondent attend programme
18 Direction to attend programme made on application without notice
19 New section 40A inserted
40A Registrar may authorise respondent or associated respondent to attend additional programmes
20 Powers of Registrar on receipt of notice under section 39 or 41
21 Judge may call respondent or associated respondent before Court
22 Confidentiality of information disclosed to programme provider
23 New heading and sections 44A to 44F inserted
Addiction treatment programmes
44A Meaning of addiction assessment
44B Power to direct addiction assessment
44C Costs of addiction assessments
44D Power to direct attendance at addiction treatment programme
44E Notice of absence from addiction treatment programme
44F Notice of conclusion of addiction treatment programme
24 Power to discharge protection order
25 New sections 47A to 47C inserted
47A Report on domestic violence
47B Distribution, etc, of report under section 47A
47C Costs of reports under section 47A
26 New sections 49 and 49A substituted
49 Offence to contravene protection order
49A Offence to fail to comply with direction
27 Power to arrest for breach of protection order
28 Application without notice for occupation order or tenancy order
29 Application without notice for ancillary furniture order or furniture order
30 Applications for property orders by minors
31 Applications for property orders against minors
32 Procedure where respondent does not require hearing
33 New section 79A inserted
79A Review of contact arrangements
34 Procedure where hearing required
35 New section 80A inserted
80A Temporary order discharged when made final order under section 80(1)
36 Court may appoint lawyer
37 Conduct of proceedings
38 New Part 6A inserted
Part 6ASafety orders
124A Interpretation
124B Police may make safety order
124C Consent to making of order not required
124D Safety order not to be made against child
124E Effect of safety order
124F Suspension of parenting orders, etc
124G Safety order to be issued, served, and explained
124H Duration of safety order
124I Failure to comply with safety order
124J District Court summons
124K Police employees, etc, protected from proceedings
39 Regulations
Part 2Amendments to Care of Children Act 2004
40 Principal Act amended
41 Principles relevant to child's welfare and best interests
42 Section 54 repealed
43 Procedure if child's parents are parties to interim order
44 Interpretation
45 Allegations of violence made in proceedings relating to parenting orders
46 Procedure for dealing with proceedings in section 59(1)
47 Preventing removal of child from New Zealand
48 New sections 77A and 77B inserted
77A Orders under section 77(3)(c) in respect of children of or over 16 years
77B Orders under section 77(3)(c) may be suspended for specified period
49 Preventing removal of child to defeat application
50 New section 122A inserted
122A Discharge of order under section 105 for return of child
Part 3Amendments to Sentencing Act 2002
51 Principal Act amended
52 New heading and sections 123A to 123G inserted
Protection orders
123A Interpretation of terms used in this section and sections 123B to 123G
123B Protection order
123C Provisions applying to protection order made under section 123B
123D Explanation of order
123E Protection order to be issued and served on offender
123F Protection order to be sent to Family Court
123G Protection order treated as if made by Family Court
Part 4Amendments to Bail Act 2000
53 Principal Act amended
54 Defendant admitted to bail by member of police
The Parliament of New Zealand enacts as follows:
