Family Violence Bill

  • enacted
  • Previous title has changed

Family Violence Bill

(Divided from the Family and Whānau Violence Legislation Bill)

Government Bill

247—3A

As reported from the committee of the whole House

This Bill was formerly part of the Family and Whānau Violence Legislation Bill as reported from the Justice and Electoral Committee. The committee of the whole House has further amended the Bill and divided it into the following Bills:

  • this Bill comprising clauses 1 and 2, Part 1, and Schedules 1 and 2

  • Family Violence (Amendments) Bill comprising Part 2.

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Hon Andrew Little

Family Violence Bill

Government Bill

247—3A

Contents

Bill note
Key
1Title
2Commencement
3Principal Act
4Name of principal Act changed
5Long Title repealed
6Section 1 amended (Short Title and commencement)
7New sections 1A to 1C inserted
1APurpose of this Act
1BPrinciples
1COverview of this Act
8Section 2 amended (Interpretation)
9Section 3 replaced (Meaning of domestic violence)
3Meaning of family violence
3AAbuse for purposes of section 3(2)
3BPsychological abuse for purposes of section 3(2)(c)
10Section 4 amended (Meaning of domestic relationship)
11Sections 5 and 6 replaced
5AStatus of examples
5BTransitional, savings, and related provisions
6Act binds the Crown
12Section 7 amended (Application for protection order)
13Section 8 amended (Contents of application)
14Sections 9 to 12 replaced
9Applications by children
9AViews of child on whose behalf application made by representative
10Applications against children
10AAAAdvice from chief executive or social worker
10AABReport from chief executive or social worker
10AMeaning of person lacking capacity
11Applications on behalf of people lacking capacity
12Applications on behalf of people prevented by physical incapacity, fear of harm, or another sufficient cause from applying personally
12AViews of person on whose behalf application made under section 12 by representative
12BApproved organisations
12CApplications by approved organisation authorised to act as representative
14ASection 13 amended (Application without notice for protection order)
15Section 14 amended (Power to make protection order)
16Section 15 amended (Existence of other proceedings not to preclude granting of protection order)
17Section 16 amended (Protection of persons other than applicant)
18Section 17 amended (Protection from respondent’s associates)
19Sections 19 and 20 replaced
19Standard conditions: no family violence, no contact, no having others breach order
20Standard no-contact condition: exceptions with consent
20AStandard no-contact condition: references to consent
20BStandard no-contact condition: other exceptions
20CStandard conditions: associated respondents
20ASection 22 amended (Court may dispense with, modify, discharge, or re-impose standard condition relating to weapons)
21Section 23 amended (Further provisions relating to powers conferred by section 22)
22Section 27 amended (Court may impose special conditions)
23Section 28 replaced (Further provisions relating to certain special conditions)
28Special conditions inconsistent with contact: exceptions with consent
24Section 28B amended (Interim orders in respect of child of applicant’s family)
25Section 28C repealed (Duration of interim order)
26Section 28D replaced (Application for parenting order under Care of Children Act 2004 must be made)
28DProceedings about interim order in respect of child of applicant’s family: legal aid
26ASection 46 amended (Power to vary protection order)
27Section 47 amended (Power to discharge protection order)
28Section 48 replaced (Variation or discharge on behalf of protected person)
48Variation or discharge on behalf of protected person
29Section 49 amended (Offence to breach protection order)
30Section 50 replaced (Power to arrest for breach of protection order)
50Power to arrest for breach of protection order (or related property order)
31Part 2A replaced
51AInterpretation
51BAssessors and service providers
51CAssessor or service provider to notify safety concerns
51DSafety programmes for protected persons
51EDirections for assessments, non-violence programme, and prescribed standard services
51FObjection process if direction made on application without notice
51GCourt may confirm or discharge direction after considering objection
51HReferral of respondent to assessor
51IAssessor meets with respondent, undertakes assessment, and makes determinations
51JWhen assessor must refer respondent back to court
51KWhen assessor must refer respondent to service provider
51LCourt may direct respondent to engage with prescribed non-standard service
51MReferral to different service provider
51NReferral back to court if programme or service to be delayed or inappropriate
51OTerms of attendance at or engagement with non-violence programme or prescribed service
51PReferral back to court if continued provision no longer appropriate or practicable or affected significantly by non-compliance
51QReport and notice of completion and outcome of programme or service
51RInformation being admitted as evidence or used without court’s authorisation
51SPowers if matter brought to attention of Judge
51TNotice of non-compliance with direction
51URegistrar’s response to notice of safety concerns or non-compliance
51VJudge may call respondent before court
51WRespondent called before court
51XOffence to fail to comply with direction
32Section 52 replaced (Application for occupation order)
52Application for occupation order
33Section 53 amended (Power to make occupation order)
34Section 54 amended (Effect of occupation order)
35Section 56 amended (Application for tenancy order)
36Section 57 amended (Power to make tenancy order)
37Section 58 amended (Effect of tenancy order)
38Section 60 amended (Application without notice for occupation order or tenancy order)
39Section 61 amended (Procedure for occupation orders and tenancy orders)
39ASection 62 amended (Application for ancillary furniture order)
40Section 64 amended (Effect of ancillary furniture order)
41Section 66 amended (Application for furniture order)
42Section 67 amended (Power to make furniture order)
43Section 68 amended (Effect of furniture order)
43ASection 70 amended (Application without notice for ancillary furniture order or furniture order)
44Sections 71 to 73 replaced
71Applications for property orders by children
71AViews of child on whose behalf application made by representative
72Applications for property orders against children
73Applications for property orders on behalf of people other than children
44ASection 79A amended (Review of contact arrangements)
45Section 81 amended (Court may appoint lawyer)
45ANew section 81A inserted (How Judge ascertains child’s views (other than at hearing))
81AHow Judge ascertains child’s views (other than at hearing)
46Section 83 amended (Conduct of proceedings)
47Section 88 amended (Copies of orders to be sent to Police)
48Section 90 amended (Police to consider exercise of powers under Arms Act 1983)
48ASection 91 amended (Appeals to High Court)
49Section 92 amended (Application of provisions relating to minors, etc)
50Sections 96 and 97 replaced
96Enforcement of New Zealand orders overseas
96AInformation necessary to process request or secure enforcement of order
96BWays requests may be made and documents may be made available
97Registration of foreign protection orders
51Section 106 amended (Evidence of orders made in foreign country)
52Cross-heading above section 122 amended
53Section 122 amended (Codes of practice)
54Section 123 amended (Application of certain provisions of Privacy Act 1993)
55Section 124A amended (Interpretation)
56Section 124B amended (Qualified constable may issue Police safety order)
57Section 124D replaced (Police safety order not to be issued against child)
124DPolice safety order against child
58Section 124E amended (Effect of Police safety order)
59Section 124F amended (Suspension of firearms licence on issue of Police safety order)
60Section 124G amended (Suspension of parenting orders, etc)
61Section 124H amended (Prompt service of Police safety order required)
62New section 124HA inserted (Police safety orders: risk and needs assessment of bound person)
124HAPolice safety orders: risk and needs assessment of bound person
63New section 124HB inserted (Approvals of assessors for section 124HA)
124HBApprovals of assessors for section 124HA
64Section 124J amended (Police safety order to be explained)
65Section 124K amended (Duration of Police safety order)
66Section 124L amended (Contravention of Police safety order)
67New section 124NA inserted (Nature of proceedings and standard of proof under section 124N or 124O)
124NANature of proceedings and standard of proof under section 124N or 124O
68Section 124O amended (Issue of warrant to arrest person who contravenes Police safety order or fails to attend adjourned proceedings)
69New Part 6B inserted
124TPurpose of this Part
124UInterpretation
124VAgencies and practitioners may request, use, and disclose information
124VARelationship with other enactments
124WDuty to consider information disclosure
124XProtection of agency or practitioner disclosing information under section 124V
124YCodes of practice: service delivery
69ASection 126 amended (Rules of court)
70Section 127 amended (Regulations)
70ANew section 127A inserted (Consultation required for some regulations under section 127)
127AConsultation required for some regulations under section 127
71New Schedule 1 inserted
71AAmendments to update expression
72Other enactments amended consequentially
3Purpose of this Act
4Principles
5Guide to this Act
6Guide to related sentencing provisions
7Status of guides
8Interpretation
9Meaning of family violence
10Meaning of abuse
11Meaning of psychological abuse
12Meaning of family relationship: general
13Meaning of family relationship: sharing household
14Meaning of family relationship: close personal relationship
15Status of examples
16Transitional, savings, and related provisions
17Act binds the Crown
18Purpose of this Part
19Interpretation
20Authorisations for agencies and practitioners
21Principle guiding decisions whether to disclose
22Duty to comply with service delivery code of practice
23Relationship with other enactments
24Duty to consider information disclosure
25Protection of holder agency or practitioner disclosing information
26Police safety order: guide to this Part
27Police safety order: interpretation
28Police safety order: power to issue order
29Police safety order: matters guiding issue and duration
30Police safety order: issue without consent
31Police safety order: limit on issuing against child
32Police safety order: detention for issuing and serving
33Police safety order: duty to explain order and any related direction for risk and needs assessment
34Police safety order: lapse if not served promptly on bound person
35Police safety order: duration
36Police safety order: effect: duty to vacate land or building
37Police safety order: effect: duty to surrender weapons
38Police safety order: effect: no family violence, no contact, no having others breach order
39Police safety order: effect: contact that is authorised, and not in breach of order’s no-contact condition
40Police safety order: effect: firearms licence suspended
41Police safety order: effect: parenting orders suspended
42Police safety order: effect: risk and needs assessment
43Police safety order: contravention: taking person into custody
44Police safety order: contravention: if person in custody cannot be brought before District Court
45Police safety order: contravention: applying to District Court for direction or order
46Police safety order: contravention: District Court may make direction or order
47Police safety order: contravention: limits on issuing of temporary protection order
48Police safety order: contravention: nature of proceedings: criminal jurisdiction
49Police safety order: contravention: standard of proof
50Police safety order: contravention: rules of court
51Police safety order: contravention: warrant to arrest person who contravenes order, etc
52Police safety order: contravention: protection order to be issued and served
53Police safety order: contravention: protection order to be sent to Family Court
54Police safety order: contravention: protection order treated as if made by Family Court
55Police safety order: Police employees, etc, protected from proceedings
56Police safety orders: approvals of assessors: general
57Police safety orders: approvals of assessors: criteria to be applied
58Police safety orders: approvals of assessors: duty to publish
59Guide to this Part
60Application for protection order
61Application for order may seek additional directions
62Applications by children
63Views of child on whose behalf application made
64Applications against children
65Advice from chief executive or social worker
66Report from chief executive or social worker
67Applications on behalf of people lacking capacity
68Views of person lacking capacity
69Applications on behalf of other people unable to apply personally
70Views of other person unable to apply personally
71Approved organisations: general
72Approved organisations: criteria to be applied
73Approved organisations: duty to publish
74Applications by approved organisation authorised to act as representative
75Application without notice: requirements
76Application without notice: order may become final
77Application without notice: respondent
78Application without notice: associated respondent
79Requirements for making of protection order
80Violence by another person encouraged by respondent
81Protection order may be based on different types of violence
82Duty to consider whether apparently minor or trivial behaviour forms part of pattern against which victims need protection
83Court must have regard to perception and effect of behaviour
84Other proceedings do not stop making of protection order
85Mutual orders
86Protection of people other than applicant: child of applicant’s family
87Protection of people other than applicant: others
88Protection of people other than applicant: effect of applicant’s death
89Protection from respondent’s associates
90Standard conditions: no family violence, no contact, no having others breach order
91Standard no-contact condition: exceptions with consent
92Standard no-contact condition: contact to which protected person can give or cancel consent
93Standard no-contact condition: contact unable to be authorised
94Standard no-contact condition: giving of consent must be in required form, but cancelling may take any form
95Standard no-contact condition: if special condition specifies that person is entitled to consent on behalf of protected person
96Standard no-contact condition: other exceptions
97Standard conditions: associated respondents
98Standard condition about weapons: general
99Standard condition about weapons: protection order suspends or revokes firearms licence
100Standard condition about weapons: surrender of weapons or licence
101Standard condition about weapons: effect if condition included when protection order varied
102Standard condition about weapons: associated respondents
103Court may impose special conditions
104Special conditions that stop contact: exceptions with consent
105Interim orders in respect of child of applicant’s family
106Proceedings about interim order in respect of child of applicant’s family: legal aid
107Duration of protection order
108Power to vary protection order
109Power to discharge protection order
110Test and criteria for discharging protection order
111Variation or discharge on behalf of protected person
112Offence to breach protection order (or related property order)
113Power to arrest for breach of protection order (or related property order)
114Guide to this Part
115Occupation order: application for order
116Occupation order: power to make order
117Occupation order: living in dwellinghouse
118Occupation order: periods and conditions
119Occupation order: effect of order
120Occupation order: power to vary or discharge
121Tenancy order: application for order
122Tenancy order: power to make order
123Tenancy order: effect of order
124Tenancy order: power to discharge and revest tenancy
125Occupation orders and tenancy orders: applications without notice
126Occupation orders and tenancy orders: procedure
127Ancillary furniture order: application for order
128Ancillary furniture order: power to make order
129Ancillary furniture order: terms and conditions
130Ancillary furniture order: period and expiry
131Ancillary furniture order: effect of order
132Ancillary furniture order: power to vary or discharge
133Furniture order: application for order
134Furniture order: power to make order
135Furniture order: terms and conditions
136Furniture order: period and expiry
137Furniture order: effect of order
138Furniture order: power to vary or discharge
139Ancillary furniture order or furniture order: applications without notice
140Applications for property orders by children
141Views of child on whose behalf application made by representative
142Applications for property orders against children
143Applications for property orders on behalf of people other than children
144Notice to people with interest in property affected
145Protection of mortgagees, etc
146Guide to this Part
147Respondent to notify intention to appear
148Procedure if respondent does not require hearing
149Requirements and procedure for temporary order to become final
150Court may require hearing before order becomes final
151Application of sections 147 to 150 to other affected people
152Review of contact arrangements
153Procedure if hearing required: general
154Procedure if hearing required: effect of, and limit on, adjournment
155Procedure if hearing required: if part of temporary order has already become final
156Temporary order discharged when made final order
157Restrictions on powers to remove, change, etc
158Removal or change: if protection order is final or confirmed
159Addition, removal, or change: on application of protection order applicant or respondent
160Addition, removal, or change: on application if protection order applies against associated respondent
161Hearing date if application about temporary protection order
162Making or defending application on behalf of protected person
163Further provisions about effect on firearms licence
164Retention, return, and disposal of surrendered weapons, etc
165Arms Act 1983 not affected
166Court may appoint lawyer
167Fees and expenses of lawyer appointed by Court
168How Judge ascertains child’s views (other than at hearing)
169Power of court to call witnesses
170Conduct of proceedings
171Standard of proof
172Orders by consent
173Explanation of orders
174Sending of orders, and risk factor information, to Police
175Information on service of certain orders to be communicated to Police
176Police to consider exercise of powers under Arms Act 1983
177Appeals to High Court
178Application of provisions which relate to children, etc
179Appeals to Court of Appeal
180Appeals to be heard as soon as practicable
181Effect of appeal
182Restriction of publication of reports of proceedings
183Guide to this Part
184Interpretation
185Safety concerns
186Assessor or service provider to notify safety concerns
187Safety programmes for protected people
188Directions for assessments, non-violence programme, and prescribed standard services
189Objection process if direction made on application without notice
190Court may confirm or discharge direction after considering objection
191Referral of respondent to assessor
192Assessor meets with respondent, undertakes assessment, and makes determinations
193When assessments or determinations need not be undertaken or made
194Order of, and delaying respondent’s attendance or engagement
195Assessor to ascertain, etc, victims’ views
196When assessor must refer respondent back to court
197When assessor must refer respondent to service provider
198Court may direct respondent to engage with prescribed non-standard service
199Referral to different service provider
200Referral back to court if programme or service to be delayed or inappropriate
201Terms of attendance at or engagement with non-violence programme or prescribed service
202Service provider to ascertain, etc, victims’ views
203Referral back to court if continued provision no longer appropriate or practicable or affected significantly by non-compliance
204Report and notice of completion and outcome of programme or service
205Information being admitted as evidence or used without court’s authorisation
206Powers if matter brought to attention of Judge
207Notice of non-compliance with direction
208Registrar’s response to notice of safety concerns or non-compliance
209Judge may call respondent before court
210Respondent called before court
211Offence to fail to comply with direction
212Assessors and service providers: approval: general
213Assessors and service providers: approval: criteria
214Assessors and service providers: approval: duty to publish
215Guide to this Part
216Enforcement of New Zealand orders overseas
217Information necessary to process request or secure enforcement of order
218Ways requests may be made and documents may be made available
219Registration of foreign protection orders
220Copies of registered foreign protection orders to be sent to Police
221Effect of registration
222Variation of registered foreign protection order
223Registered foreign protection orders not to be enforced in certain circumstances
224Evidence taken overseas
225Proof of documents
226Depositions to be evidence
227Prescribed foreign countries
228Evidence of orders made in foreign country
229Guide to this Part
230Interpretation
231Protected person may apply for direction that identifying information on public register not be publicly available
232Agency to determine application
233Agency to notify applicant of decision
234Information not to be disclosed pending determination of application or complaint
235Effect of direction
236Direction not applicable to relevant information later included in register
237Duration of direction: if protection order is final order
238Duration of direction: if protection order is temporary order
239Duration of direction: if protection order is discharged
240Duration of direction: if person applies to revoke direction
241Further directions in respect of same relevant information
242Registrar to notify agency of making or discharge of protection order
243Disclosure of relevant information with consent of protected person
244Other enactments not affected
245Complaints to Privacy Commissioner
246Investigation of complaint
247Application of certain provisions of Privacy Act 1993
248Guide to this Part
249Regulations: general
250Regulations: public registers
251Regulations: consultation requirements
252Rules of court: District Court: Police safety orders
253Rules of court: Family Court
254Codes of practice: service delivery
255Codes of practice: public registers
256Application of certain provisions of Privacy Act 1993
257Effect of code
258Domestic Violence Act 1995 repealed
259Other enactments amended consequentially
Legislative history

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Family Violence Act 2017.

2 Commencement

This Act comes into force on 1 July 2019.

3 Principal Act

This Part amends the Domestic Violence Act 1995 (the principal Act).

Title

4 Name of principal Act changed

As from the commencement of this section,

(a)

the Domestic Violence Act 1995 is called the Family and Whānau Violence Act 1995:

(b)

every reference in any enactment (other than an enactment amended or replaced by this Part), and in any document, to the Domestic Violence Act 1995 must, unless the context otherwise requires, be read as a reference to the Family and Whānau Violence Act 1995.

5 Long Title repealed

Repeal the Long Title.

6 Section 1 amended (Short Title and commencement)

(1)

In the heading to section 1, delete “Short”.

(2)

In section 1(1), replace may be cited as the Domestic Violence Act 1995 with “is the Family and Whānau Violence Act 1995”.

Preliminary provisions (Part 1)

7 New sections 1A to 1C inserted

Before section 2, insert:

1A Purpose of this Act

(1)

The purpose of this Act is to stop and prevent family violence by

(a)

recognising that family violence, in all its forms, is unacceptable; and

(b)

stopping and preventing perpetrators from inflicting family violence; and

(c)

keeping victims, including children, safe from family violence.

(2)

A court that, or a person who, exercises a power conferred by or under this Act (for example, the District Court exercising a power conferred by or under Part 6A) must be guided in the exercise of that power by the purpose of this Act.

1B Principles

The following principles are to guide the achievement of the purpose of this Act:

(a)

family violence, in all its forms, is unacceptable:

(b)

decision makers should, whenever appropriate, recognise that family violence is often a pattern of behaviour that causes cumulative harm:

(c)

decision makers should, whenever appropriate, recognise that children are particularly vulnerable to family violence, including seeing or hearing violence against others:

(d)

decision makers should, whenever appropriate, recognise that children are at particular risk of lasting harm to their current and future wellbeing:

(da)

decision makers should, whenever appropriate, recognise that people with disabilities, and other people (for example, due to their age or health condition, or to any other cause), may also be particularly vulnerable to family violence:

(db)

decision makers should, whenever appropriate, recognise that early intervention helps to stop and prevent family violence:

(e)

perpetrators who inflict family violence should face effective responses to, and sanctions for, family violence:

(f)

perpetrators of family violence should have access to, and in some cases be required to engage with, services to help them stop and prevent their family violence:

(g)

victims of family violence should have access to services to help secure their safety from family violence:

(h)

arrangements that support the ongoing safety and wellbeing of a victim of family violence should whenever practicable be sustained (for example, employment, education, housing, or community involvement):

(i)

responses to family violence should be culturally appropriate and, in particular, responses involving Māori should reflect tikanga:

(j)

decision makers should consider the views of victims of family violence, and respect those views unless a good reason exists in the particular circumstances for not doing so (for example, because doing so would or may compromise victims’ safety):

(k)

decision makers should collaborate, whenever appropriate, to identify and respond to family violence:

(l)

access to the court should be as speedy, inexpensive, and simple as is consistent with justice.

1C Overview of this Act

(1)

This Part contains the purpose of this Act, principles to guide the achievement of that purpose, definitions, and other preliminary provisions.

(2)

Part 2 (Protection orders) contains provisions about

(a)

who may apply for, and the making of, protection orders against a respondent who has inflicted, or is inflicting, family violence; and

(b)

the scope, and standard or special conditions, of protection orders; and

(c)

the making of interim orders about care for, or contact with, a child of the applicant’s family; and

(d)

the duration, variation, and discharge of protection orders; and

(e)

the enforcement of protection orders (or related property orders), for example, by prosecution for a criminal offence.

(3)

Part 2A (Programmes and prescribed services) provides for

(a)

approval of assessors and service providers; and

(b)

authorities to be notified of safety concerns of assessors or service providers; and

(c)

safety programmes for protected persons (if requested by those persons); and

(d)

mandatory non-violence programmes, and discretionary prescribed services, for respondents; and

(e)

confidentiality of information; and

(f)

enforcement and powers when a matter is (for example, because of safety concerns or non-compliance) referred back to the court.

(4)

Part 3 (Orders relating to property) contains provisions about applications for, and powers to make,

(a)

an occupation order (which is an order granting to the applicant the right to personally occupy a specified dwellinghouse); and

(b)

a tenancy order (which is an order vesting in the applicant the tenancy of a specified dwellinghouse); and

(c)

an ancillary furniture order (which is an order, ancillary to an occupation order or a tenancy order in respect of a dwellinghouse, granting to the applicant the possession and use of all or any of the furniture, household appliances, and household effects in that dwellinghouse); and

(d)

a furniture order (which is an order granting to the applicant the possession and use of all or any of the furniture, household appliances, and household effects in the dwellinghouse in which the parties live or have lived).

(5)

Part 4 (Procedure) contains provisions about temporary orders, general procedural matters (for example, appointment of lawyers to assist the court or to represent a child, and explaining orders to respondents), and appeals.

(6)

Part 5 is about enforcement of New Zealand protection orders overseas, and enforcement in New Zealand of foreign protection orders.

(7)

Part 6 is about non-publication on public registers of information relating to a protected person (as defined in section 2).

(8)

Part 6A (Police safety orders) contains provisions about a qualified constable issuing against a person (person A) an order

(a)

to help make another person (person B) safe from family violence; and

(b)

requiring person A to vacate any land or building occupied by person B (or any child residing with person B), to comply with conditions about violence and no-contact, and (if directed to do so) to arrange and attend a risk and needs assessment; and

(c)

continuing in force for the period (not exceeding 5 days) specified in it; and

(d)

that, if person A has failed or refused to comply with it, can be extended or renewed, or replaced with a temporary protection order.

(9)

Part 6B (Information requests, use, and disclosure, and service delivery codes of practice)

(a)

enables family violence agencies and social services practitioners to request, use, or disclose personal information for purposes related to family violence; and

(b)

requires family violence agencies and social services practitioners, in certain circumstances, to consider disclosing personal information for those purposes; and

(c)

provides for codes of practice to guide the delivery of services provided, to stop or prevent family violence, to victims or perpetrators of family violence.

(10)

Part 7 contains miscellaneous provisions, for example, about publication of reports of proceedings, and rules and regulations.

(11)

Sections 123A to 123H (Protection orders) of the Sentencing Act 2002 apply if an offender is convicted of a family violence offence (as defined in section 123A of that Act) and no protection order made under this Act is in force against the offender for the protection of the victim of the offence, and enable the court, as well as imposing a sentence or making any other order, to make a protection order against the offender if

(a)

the court 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.

(12)

This section is only a guide to the general scheme and effect of this Act (and of those sections of the Sentencing Act 2002).

8 Section 2 amended (Interpretation)

(1)

In section 2, insert in their appropriate alphabetical order:

approved organisation means an organisation approved under section 12B

chief executive means the chief executive of the department

constable has the meaning given in section 4 of the Policing Act 2008

department means the department for the time being responsible for the administration of the Oranga Tamariki Act 1989

digital communication has the same meaning as in section 4 of the Harmful Digital Communications Act 2015

family relationship means one of the relationships set out in section 4(1)

family violence has the meaning set out in section 3

government organisation means

(a)

a department specified in Schedule 1 of the State Sector Act 1988; or

(b)

a Crown entity (as defined in section 7 of the Crown Entities Act 2004)

ill-treat, in relation to an animal, has the same meaning as in section 2(1) of the Animal Welfare Act 1999

inflict family violence, in relation to any person, means to engage in behaviour that amounts to family violence against that person

perpetrator, of family violence,

(a)

means a person who has inflicted, or is inflicting, family violence (even if no offence involving the violence was, is, or is to be, admitted or prosecuted); but

(b)

in Part 6B, has the meaning given in section 124U

prescribed non-standard service means a service that

(a)

is, or is to be, provided to a respondent by a service provider (as defined in section 51A); and

(b)

has the objective of stopping or preventing family violence, or helping the respondent to stop inflicting family violence; and

(c)

is a type of non-standard service specified in regulations made under section 127(aaa)

prescribed service means a service that is

(a)

a prescribed non-standard service; or

(b)

a prescribed standard service

prescribed standard service means a service that

(a)

is, or is to be, provided to a respondent by a service provider (as defined in section 51A); and

(b)

has the objective of stopping or preventing family violence, or helping the respondent to stop inflicting family violence; and

(c)

is a type of standard service specified in regulations made under section 127(aaa)

property order means an order made under Part 3

social worker means a person employed under Part 5 of the State Sector Act 1988 in the department as a social worker

tikanga means customary values and practices

(2)

In section 2, repeal the definitions of domestic relationship and domestic violence.

(3)

In section 2, replace the definitions of child, child of the applicant’s family, contact, court, family member, partner, and representative with:

child means a person who is under the age of 18 years

child of the applicant’s family, for an applicant and at any time, means a child who at that time ordinarily or periodically resides with the applicant, whether or not

(a)

the child is a child of the applicant, the respondent, or both; and

(b)

for a protection order, the child resided ordinarily or periodically with the applicant at, or was born only after, the time when that order was made

contact, by a respondent or other person, and with a child or protected person, means any form of 1 or both of the following:

(a)

direct (that is, face-to-face) interaction:

(b)

indirect interaction (including, without limitation, by telephone, letters or other writing, or email, or by communication on or via an Internet site or other digital communication, or in any other way)

court

(a)

means the Family Court; and includes a Family Court Judge; or

(b)

if another court has jurisdiction in the proceedings, means that court

family member, in relation to a person, means

(a)

any other person who is or has been related to the person by blood or by or through marriage, a civil union, or a de facto relationship, or by adoption:

(b)

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

partner, in the phrase spouse or partner and in related contexts, means, in relation to a person (P),

(a)

P’s civil union partner; or

(b)

P’s de facto partner; or

(c)

if P is a biological parent of a person, another biological parent of that person

representative,

(a)

in relation to a child, means a litigation guardian or next friend appointed under or recognised by rules of court, or an approved organisation authorised by section 12C, to take proceedings under this Act on behalf of that child:

(b)

in relation to a person lacking capacity to whom section 11 applies, means a litigation guardian appointed under or recognised by rules of court, or an approved organisation authorised by section 12C, to take proceedings under this Act on behalf of that person:

(c)

in relation to a person to whom section 12 applies, means a litigation guardian appointed under that section, or an approved organisation authorised by section 12C, to take proceedings under this Act on behalf of that person

(6)

In section 2, repeal the definition of use domestic violence.

9 Section 3 replaced (Meaning of domestic violence)

Replace section 3 with:

3 Meaning of family violence

(1)

In this Act, family violence, in relation to a person, means violence inflicted

(a)

against that person; and

(b)

by any other person with whom that person is, or has been, in a family relationship.

(2)

In this section, violence means all or any of the following:

(a)

physical abuse:

(b)

sexual abuse:

(c)

psychological abuse.

(3)

Violence against a person includes a pattern of behaviour (done, for example, to isolate from family members or friends) that is made up of a number of acts that are all or any of physical abuse, sexual abuse, and psychological abuse, and that may have 1 or both of the following features:

(a)

it is coercive or controlling (because it is done against the person to coerce or control, or with the effect of coercing or controlling, the person):

(b)

it causes the person, or may cause the person, cumulative harm.

(4)

Subsection (2) is not limited by subsection (3), and must be taken to include references to, and so must be read with, sections 3A and 3B.

3A Abuse for purposes of section 3(2)

(1)

A single act may amount to abuse.

(2)

A number of acts that form part of a pattern of behaviour (even if all or any of those acts, when viewed in isolation, may appear to be minor or trivial) may amount to abuse.

(3)

This section does not limit section 3(2).

3B Psychological abuse for purposes of section 3(2)(c)

(1)

Psychological abuse includes

(a)

threats of physical abuse, of sexual abuse, or of abuse of a kind stated in paragraphs (b) to (f):

(b)

intimidation or harassment (for example, all or any of the following behaviour that is intimidation or harassment:

(i)

watching, loitering near, or preventing or hindering access to or from, a person’s place of residence, business, or employment, or educational institution, or any other place that the person visits often:

(ii)

following the person about or stopping or accosting a person in any place:

(iii)

if a person is present on or in any land or building, entering or remaining on or in that land or building in circumstances that constitute a trespass):

(c)

damage to property:

(d)

ill-treatment of 1 or both of the following:

(i)

household pets:

(ii)

other animals whose welfare affects significantly, or is likely to affect significantly, a person’s well-being:

(e)

financial or economic abuse (for example, unreasonably denying or limiting access to financial resources, or preventing or restricting employment opportunities or access to education):

(ea)

in relation to a person unable, by reason of age, disability, health condition, or any other cause, to withdraw from the care or charge of another person, hindering or removing (or threatening to hinder or remove) access to any aid or device, medication, or other support, that affects, or is likely to affect, the person’s quality of life:

(f)

in relation to a child, abuse stated in subsection (2).

(2)

A person psychologically abuses a child if that person

(a)

causes or allows the child to see or hear the physical, sexual, or psychological abuse of a person with whom the child has a family relationship; or

(b)

puts the child, or allows the child to be put, at real risk of seeing or hearing that abuse occurring.

(3)

However, the person who suffers the abuse in subsection (2)(a) and (b) is not regarded, under subsection (2), as having (as the case may be)

(a)

caused or allowed the child to see or hear that abuse; or

(b)

put the child, or allowed the child to be put, at risk of seeing or hearing that abuse.

(4)

Psychological abuse may be or include behaviour that does not involve actual or threatened physical or sexual abuse.

(5)

This section does not limit section 3(2)(c).

10 Section 4 amended (Meaning of domestic relationship)

(1)

In the heading to section 4, replace domestic relationship with family relationship.

(2)

In section 4(1), replace domestic relationship with family relationship.

11 Sections 5 and 6 replaced

Replace sections 5 and 6 with:

5A Status of examples

An example provided in this Act of the operation of a provision of an enactment

(a)

does not limit the provision; and

(b)

may extend the operation of the provision.

Compare: Acts Interpretation Act 1901 s 15AD (Aust); 2012 No 120 s 5A; 2014 No 58 s 5(2)

5B Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

6 Act binds the Crown

This Act binds the Crown.

Protection orders (Part 2)

12 Section 7 amended (Application for protection order)

(1)

In section 7(1), replace domestic relationship with family relationship.

(2)

Replace section 7(2) with:

(2)

Where the person who is eligible to apply for a protection order is a child, the child may under section 9(2) make the application only

(a)

by a representative (for example, an approved organisation that is authorised by section 12C to take proceedings under this Act on behalf of the child); or

(ab)

if aged 16 years old or over (in which case section 9(2)(ab) authorises the child to take proceedings without a representative); or

(b)

if authorised under rules of court to do so without a representative.

(3)

In section 7(3), after a person, insert lacking capacity.

(4)

In section 7(4),

(a)

replace years or older with years old or over; and

(b)

replace section 12(1)(b) with section 12(1)(c).

13 Section 8 amended (Contents of application)

(1)

In section 8(a), replace domestic relationship with family relationship.

(2)

In section 8(b), replace domestic violence with family violence.

14 Sections 9 to 12 replaced

Replace sections 9 to 12 with:

9 Applications by children

(1)

A child may, in accordance with this section, make an application for a protection order.

(2)

A child may make the application only

(a)

by a representative (for example, an approved organisation that is authorised by section 12C to take proceedings under this Act on behalf of the child); or

(ab)

if aged 16 years old or over (in which case this paragraph authorises the child to take proceedings without a representative); or

(b)

if authorised under rules of court to do so without a representative.

(3)

This section does not limit or affect the making or operation of rules of court (for example, rules made under section 16A(1) of the Family Courts Act 1980) that

(a)

prevent an incapacitated child from taking part in, or from taking a step in, all or any specified proceedings under this Act without a litigation guardian:

(b)

provide for a representative to make all or any specified applications under this Act on behalf of a child prevented by physical incapacity, fear of harm, or another sufficient cause from applying personally.

9A Views of child on whose behalf application made by representative

(1)

This section applies if an application for a protection order is made, on behalf of a child, by a representative, under section 9(2)(a).

(2)

The child may be heard in the proceedings, even though they arose from the application made by the representative, and despite section 9(2)(a).

(3)

Where the child expresses views on any matters related to the proceedings, the court must take account of those views.

10 Applications against children

(1)

The court must not make a protection order against a child unless satisfied that the child is aged 16 years old or over and that the order is justified by special circumstances.

(2)

The court must not make a direction under section 17 (protection from respondent’s associates) that a protection order apply against a child unless satisfied that the child is aged 16 years old or over and that the direction is justified by special circumstances.

(3)

In determining under this section whether a protection order, or direction under section 17, is justified by special circumstances, the court

(a)

must consider whether to report concerns about the well-being of the child under section 15 of the Oranga Tamariki Act 1989; and

(b)

may, if the child is not represented by a lawyer in respect of the proceedings related to the order or direction, appoint a lawyer under section 81(1)(ba) to act for the child in respect of those proceedings; and

(c)

may under section 10AAB (report from chief executive or social worker) direct the Registrar to supply to the chief executive a copy of the application for the protection order; and

(d)

may refer the matter to a care and protection co-ordinator under section 19 of the Oranga Tamariki Act 1989.

10AAA Advice from chief executive or social worker

(1)

This section applies to an application under section 9 or 10 for a protection order.

(2)

For the purpose of expediting consideration of the application, a Registrar, on the Registrar’s own initiative, may

(a)

refer the application to the chief executive; and

(b)

request the chief executive to provide brief written advice on the nature and extent of any involvement that the department has had with the parties.

(3)

On receipt of a request to provide such brief written advice, the chief executive or a social worker must provide the advice.

(4)

The Registrar must refer advice received (from the chief executive or a social worker) to the Judge who is considering the application.

Compare: 2004 No 90 s 131A

10AAB Report from chief executive or social worker

(1)

This section applies to an application under section 9 or 10 for a protection order (other than a temporary order).

(2)

The court may direct the Registrar to supply to the chief executive a copy of the application.

(3)

The Registrar must, if directed by the court to do so, supply to the chief executive a copy of the application.

(4)

If the Registrar supplies the chief executive with a copy of the application, the chief executive or a social worker

(a)

must report on the application; and

(b)

may appear on the application personally or by a lawyer.

Compare: 2004 No 90 s 132

10A Meaning of person lacking capacity

For the purposes of section 11, person lacking capacity means a person who is aged 18 years old or over and who

(a)

lacks, wholly or partly, the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to his or her personal care and welfare; or

(b)

has the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to his or her personal care and welfare, but wholly lacks the capacity to communicate decisions in respect of such matters.

11 Applications on behalf of people lacking capacity

(1)

This subsection applies if a person lacking capacity (P) is eligible to apply for a protection order and

(a)

no one has power, under an appointment made under the Protection of Personal and Property Rights Act 1988, to make such an application on P’s behalf; or

(b)

a person has power, under such an appointment, to make such an application, but the person so appointed has refused or failed to do so.

(2)

If subsection (1) applies, the protection order must be applied for, on P’s behalf, and in accordance with rules of court, by a representative (for example, an approved organisation that is authorised by section 12C to take proceedings under this Act on behalf of P).

(3)

No representative may be appointed under rules of court to make an application for a protection order on behalf of a person lacking capacity (P) unless, before making the appointment, the court or, as the case requires, the Registrar is satisfied

(a)

that the representative is not, and is not acting for, an approved organisation (which can be authorised to act as a representative under this section only under section 12C); and

(b)

that reasonable steps have been taken to ascertain P’s views in relation to the appointment; and

(c)

if P’s views have been able to be ascertained,

(i)

that P does not object to the appointment; or

(ii)

that P’s objection is not freely made.

(4)

A representative who under this section makes an application for a protection order on behalf of a person lacking capacity (P) must

(a)

take reasonable steps to ascertain P’s views in relation to the matter; and

(b)

take reasonable steps to ascertain P’s welfare guardian’s views in relation to the matter, if P has a welfare guardian appointed under the Protection of Personal and Property Rights Act 1988 and no good reason exists not to ascertain those views; and

(c)

include in the application any views ascertained under paragraphs (a) and (b); and

(d)

take reasonable steps to inform P’s welfare guardian of the progress of the application (for example, of any order made on it), if P has a welfare guardian appointed under the Protection of Personal and Property Rights Act 1988, and no good reason exists not to do so.

(5)

However, subsections (3) and (4) do not require reasonable steps to be, or to have been, taken to ascertain P’s views in relation to an appointment or a matter if P wholly lacks the capacity to communicate decisions in respect of matters relating to P’s personal care and welfare.

(6)

In determining the application, the court must take into account any views ascertained under subsection (4)(a) and (b).

12 Applications on behalf of people prevented by physical incapacity, fear of harm, or another sufficient cause from applying personally

(1)

This section applies if a person aged 18 years old or over (P)

(a)

is not a person lacking capacity to whom section 11 applies; and

(b)

is eligible to apply for a protection order; and

(c)

is prevented by physical incapacity, fear of harm, or another sufficient cause from making the application personally.

(2)

An application (made with or without notice) for a protection order may be made on behalf of P by a representative (for example, an approved organisation authorised by section 12C to take proceedings under this Act on behalf of P).

(3)

The court or a Registrar may, on an application made under this subsection for the purpose, appoint a person as a representative of P for the purpose of making and prosecuting, on behalf of P, an application (made with or without notice) for a protection order, if the person

(a)

is not, and is not acting for, an approved organisation (which can be authorised to act as a representative under this section only under section 12C); and

(b)

is 18 years old or over; and

(c)

is not incapacitated (as defined in subsection (5)).

(4)

If an application for the appointment of a representative is made under subsection (2), the court or Registrar must make the appointment sought if satisfied

(a)

that reasonable steps have been taken to ascertain P’s views in relation to the appointment; and

(b)

where the views of P have been able to be ascertained,

(i)

that P does not object to the appointment; or

(ii)

that P’s objection is not freely made; and

(c)

that it is in P’s best interests to make the appointment; and

(d)

that the proposed appointee

(i)

consents in writing to the appointment; and

(ii)

is not incapacitated; and

(e)

that there is unlikely to be any conflict between the interests of the proposed appointee and P’s interests; and

(f)

that the proposed appointee has filed in the court an undertaking to be responsible for any costs awarded against P in the proceedings.

(5)

In this section, a person is incapacitated if, by reason of physical, intellectual, or mental impairment, whether temporary or permanent, the person is

(a)

not capable of understanding the issues on which the person’s decision would be required as a representative of a litigant conducting proceedings; or

(b)

otherwise unable to perform the duties of such a representative.

12A Views of person on whose behalf application made under section 12 by representative

(1)

This section applies if an application for a protection order is made under section 12, on behalf of a person (P), by a representative.

(2)

P may be heard in the proceedings, even though they arose from the application made by the representative.

(3)

Where P expresses views on any matters related to the application, the court must take account of those views.

12B Approved organisations

(1)

An organisation approved under this section may be authorised by section 12C to take proceedings

(a)

under section 9 on behalf of a child (including that section as applied by section 22(6), 48, or 92); or

(b)

under section 11 on behalf of a person lacking capacity (including that section as applied by section 22(6), 48, 73(2), or 92); or

(c)

under section 12 on behalf of a person prevented by physical incapacity, fear of harm, or another sufficient cause from applying personally (including that section as applied by section 22(6), 48, 73(2), or 92).

(2)

An organisation may be approved under this section by the Minister of Justice

(a)

on an application made for the purpose by the organisation; or

(b)

on the Minister’s own motion, and with the organisation’s written consent.

(3)

An organisation seeking an approval under this section by way of an application, or an own-motion approval under this section, must follow the applicable process (if any) prescribed by regulations made under section 127(a)(i).

(4)

The Minister may, at any time, amend, suspend, or cancel an approval under this section.

(5)

In deciding whether to grant, amend, suspend, or cancel an approval under this section, the Minister must apply the criteria (if any) prescribed for the purposes of this section by regulations made under section 127(a)(ii).

(6)

An approval, or an amendment, suspension, or cancellation of an approval, under this section must be by written notice copied to the organisation.

(7)

The Secretary must publish promptly on an Internet site maintained by or on behalf of the Ministry of Justice an up-to-date list of approved organisations.

12C Applications by approved organisation authorised to act as representative

(1)

An approved organisation that complies with subsection (2) is authorised by this section to make and prosecute under section 9, 11, or 12, on behalf of a child or person (P), an application (made with or without notice) for an order.

(2)

To comply with this subsection, the organisation must, without making an application to be appointed or to act as a representative for P, complete and file in the court an application form for the order, and that shows or includes

(a)

that reasonable steps have been taken to ascertain P’s views in relation to the organisation acting as a representative for P; and

(b)

where the views of P have been able to be ascertained,

(i)

that P does not object to the organisation acting as a representative for P; or

(ii)

that P’s objection is not freely made; and

(c)

that it is in P’s best interests for the organisation to act as a representative for P; and

(d)

that there is unlikely to be any conflict between the interests of the organisation and P’s interests; and

(e)

an undertaking to be responsible for any costs awarded against P in the proceedings.

(3)

However, subsection (2) does not require reasonable steps to be, or to have been, taken to ascertain P’s views in relation to the organisation acting as a representative for P if P wholly lacks the capacity to communicate decisions in respect of matters relating to P’s personal care and welfare.

14A Section 13 amended (Application without notice for protection order)

(1)

Replace section 13(4)(e) with:

(e)

if a direction is made under section 51E, in respect of the respondent, notify the court, in accordance with section 51F, that the respondent objects to the direction.

(2)

Replace section 13(5)(e) with:

(e)

if a direction is made under section 51E, in respect of the associated respondent, notify the court, in accordance with section 51F, that the associated respondent objects to the direction.

15 Section 14 amended (Power to make protection order)

(1)

In section 14(1)(a), replace is using, or has used, domestic violence with has inflicted, or is inflicting, family violence.

(2)

In section 14(2) and (4), replace domestic violence with family violence.

16 Section 15 amended (Existence of other proceedings not to preclude granting of protection order)

In section 15, replace minor with child.

17 Section 16 amended (Protection of persons other than applicant)

(1)

In section 16(1B), replace 17 years with 18 years.

(2)

Replace section 16(2), (3), and (4) with:

(2)

In or after making a protection order, the court may (subject to subsections (2A) and (3)) direct that the order also apply for the benefit of either or both of the following:

(a)

a particular child of the applicant who, because the child does not ordinarily or periodically reside with the applicant, is not a child of the applicant’s family (as defined in section 2):

(b)

any particular person with whom the applicant has a family relationship, and who is not a child of the kind specified in paragraph (a).

(2A)

No direction may be made under subsection (2)(a) (in respect of a child of the applicant who is not a child of the applicant’s family) unless the court is satisfied that the making of the direction is necessary for the protection of the child.

(3)

No direction may be made under subsection (2)(b) (in respect of a person who is not a child of the kind specified in subsection (2)(a)) unless the court is satisfied that

(a)

the respondent is engaging, or has engaged, in behaviour that, if the respondent and the person were or, as the case may be, had been in a family relationship, would amount to family violence against the person; and

(b)

the respondent’s behaviour towards the person is due, in whole or in part, to the applicant’s family relationship with the person; and

(c)

the making of a direction under this section is necessary for the protection of the person; and

(d)

where practicable, the person consents to the direction being made.

(4)

Section 14(2) to (5) applies, with the necessary modifications, to an application for a direction under subsection (2)(a) or (b) of this section.

(3)

In section 16(5)(a), replace 17 years with 18 years.

(4)

In section 16(6), after (1B),, insert (2), (2A), (3),.

18 Section 17 amended (Protection from respondent’s associates)

In section 17(1) and (2)(a), replace domestic violence with family violence.

19 Sections 19 and 20 replaced

Replace sections 19 and 20 with:

19 Standard conditions: no family violence, no contact, no having others breach order

A protection order has, as standard conditions, that the respondent must not

(a)

engage in behaviour that amounts to any form of family violence against the protected person (see sections 3, 3A, and 3B):

(b)

make any contact with the protected person that is not contact authorised under or by section 20 or 20B (which describe the condition in this paragraph as the standard no-contact condition):

(c)

encourage a person to engage in behaviour against, or to make contact with, a protected person, if the behaviour or contact, if engaged in or made by the respondent, would be prohibited by the protection order.

20 Standard no-contact condition: exceptions with consent
Protected person can suspend or reinstate condition by giving or cancelling consent to contact

(1)

The protected person may suspend the standard no-contact condition by giving consent to contact.

(2)

The protected person may reinstate the standard no-contact condition by cancelling consent to contact.

Contact to which protected person can give or cancel consent

(3)

Contact to which the protected person may give or cancel consent under subsection (1) or (2) may be or include all or any of the following:

(a)

contact made when the respondent and protected person are, with the protected person’s consent, living in the same dwellinghouse:

(b)

contact made

(i)

if the protected person is present on or in any land or building; and

(ii)

by or after the respondent entering or remaining on or in that land or building:

(c)

contact made when the respondent is a prisoner and receives the protected person as a private visitor under section 73(1) of the Corrections Act 2004 and any regulations made under that Act that regulate the visiting of prisons:

(d)

contact made by telephone, letters or other writing, or email, or by communication on or via an Internet site, or by other digital communication.

(4)

No consent under this section can authorise contact inconsistent with

(a)

an order for supervised contact in relation to a child:

(b)

no-contact conditions imposed by a direction under section 168A of the Criminal Procedure Act 2011.

Giving of consent must be in required form, but cancelling may take any form

(5)

No consent to contact is valid unless in writing or in a digital communication (for example, in a text message, email, letter, or standard form).

(6)

However, a cancelling of consent to contact may take any form (for example, words spoken face to face, or by telephone).

No limit on number of times condition can be suspended and reinstated

(7)

The standard no-contact condition may any number of times

(a)

be suspended under subsection (1); and

(b)

be reinstated under subsection (2).

20A Standard no-contact condition: references to consent

(1)

This section applies if a protection order has a special condition imposed under section 27(3) that specifies that a person (other than the respondent or the associated respondent) is entitled to consent, on the protected person’s behalf, in relation to contact with the protected person.

(2)

References in section 20 to the giving or cancelling of the consent of a protected person include, as the case requires,

(a)

the giving of the consent of the specified person:

(b)

the cancelling of consent by the specified person.

20B Standard no-contact condition: other exceptions

(1)

Contact by the respondent with the protected person is authorised, and not in breach of the standard no-contact condition, if the contact is

(a)

reasonably necessary in any emergency; or

(b)

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

(i)

any child (within the meaning of section 8 of the Care of Children Act 2004); or

(ii)

any child or young person (within the meaning of section 2 of the Oranga Tamariki Act 1989); or

(c)

permitted under any special condition of the protection order; or

(d)

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

(e)

necessary to attend any proceeding (of any kind) in or before any court or person acting judicially, or to attend any other matter that is associated with such a proceeding and that is a matter that the parties to the proceeding jointly attend (for example, a restorative justice conference, or a settlement conference convened under section 46Q of the Care of Children Act 2004).

(2)

The contact authorised by subsection (1) may be contact made

(a)

if the protected person is present on or in any land or building; and

(b)

by or after the respondent entering or remaining on or in that land or building.

(3)

Subsection (2) does not limit subsection (1).

20C Standard conditions: associated respondents

(1)

This section applies if, under a direction made under section 17, a protection order applies against an associated respondent.

(2)

Sections 19 to 20B apply, with the necessary modifications, in respect of the associated respondent.

20A Section 22 amended (Court may dispense with, modify, discharge, or re-impose standard condition relating to weapons)

In section 22(6), replace Sections 9, 11, and 12, with Sections 9, 9A, 11, 12, and 12A,.

21 Section 23 amended (Further provisions relating to powers conferred by section 22)

In section 23(1), (3)(a) and (b), and (4)(a) and (b)(ii), replace domestic violence with family violence in each place.

22 Section 27 amended (Court may impose special conditions)

(1)

Replace section 27(1) with:

(1)

In or after making a protection order, the court may impose any conditions that are reasonably necessary, in the opinion of the court, for either or both of the following purposes:

(a)

to protect the protected person from further family violence by the respondent, or the associated respondent, or both:

(b)

to address the inflicting of family violence against protected people who are particularly vulnerable (for example, due to age, disability, or health condition).

(2)

In section 27(3), replace 19(2), 20, with 19(b), 20, 20A,.

23 Section 28 replaced (Further provisions relating to certain special conditions)

Replace section 28 with:

28 Special conditions inconsistent with contact: exceptions with consent

(1)

This section applies to a special condition of a protection order if the special condition requires the respondent not to make contact with the protected person.

(2)

Sections 20, 20A, 20B, and 20C apply to the special condition as if it were the standard no-contact condition specified in section 19(b).

24 Section 28B amended (Interim orders in respect of child of applicant’s family)

(1)

In section 28B(1)(a) and (2), replace Family Court with court.

(2)

After section 28B(3), insert:

(3A)

Before the court makes an order under subsection (2), the Registrar should ensure the court has copies of, or information about all terms of, all existing relevant orders (if any) made under the Care of Children Act 2004.

(3B)

An interim order made under subsection (2) should make clear how it relates to (how it operates with, overrides, or replaces all, or any parts, of) all existing relevant orders (if any) made under the Care of Children Act 2004.

(4)

An interim order made under subsection (2) must be taken to be an interim parenting order made under section 48(1) of the Care of Children Act 2004 (so that, for example,

(a)

section 49A of that Act applies to it; and

(b)

it may be varied or discharged under section 56 of that Act).

25 Section 28C repealed (Duration of interim order)

Repeal section 28C.

26 Section 28D replaced (Application for parenting order under Care of Children Act 2004 must be made)

Replace section 28D with:

28D Proceedings about interim order in respect of child of applicant’s family: legal aid

(1)

This section applies to proceedings under the Care of Children Act 2004 if

(a)

section 28B of this Act applies, under section 28B(1) of this Act, because an application has been made to the court for a protection order, and there is a child of the applicant’s family; and

(b)

the court makes under section 28B(2) of this Act, and in respect of the child concerned, an interim order; and

(c)

section 28B(4) of this Act requires that interim order to be taken to be an interim parenting order made under section 48(1) of the Care of Children Act 2004; and

(d)

the proceedings under the Care of Children Act 2004 relate to that interim order being varied, or discharged, or replaced with a further interim parenting order or with a final parenting order.

(2)

For the purposes of section 19(1) of the Legal Services Act 2011 (which contains special provisions about conditions on grants of legal aid to persons involved in proceedings under this Act), proceedings to which this section applies are a kind of proceedings that relate to, or arise out of, an application for a protection order under Part 2 of the Family and Whānau Violence Act 1995.

26A Section 46 amended (Power to vary protection order)

(1)

Replace section 46(1)(c) and (d) with:

(c)

by varying or discharging a direction made under section 51E:

(d)

by making a direction under section 51E.

(2)

Replace section 46(2)(c) and (d) with:

(c)

by varying or discharging a direction made under section 51E:

(d)

by making a direction under section 51E.

27 Section 47 amended (Power to discharge protection order)

1

After section 47(1), insert:

(1A)

However, the court must not discharge the order unless satisfied that the order is no longer necessary for the protection of any protected person.

(1B)

In determining whether to discharge a protection order, the court must have regard to the following matters to the extent that they are relevant in the particular case:

(a)

the length of the period since the order was made:

(b)

the behaviour that led to the making of the order (including its nature, its seriousness, and how often violence occurred):

(c)

whether, and if so how, the respondent acknowledges the respondent’s past behaviour that led to the making of the order:

(d)

whether the respondent to the order complied with required attendance at or engagement with, and achieved objectives of, any assessment or programme or prescribed services:

(e)

any relevant safety concerns that an assessor or a service provider has notified or advised under section 51C or 51Q:

(f)

any family violence or breaches of the order since it was made:

(g)

the necessity for contact and the likelihood (if the order is discharged) of future contact:

(h)

the risk of future family violence:

(i)

whether areas of concern that led to the order are no longer evident:

(j)

any protected person’s ascertained views on the application (whether it is made by, or on behalf of, the applicant or the respondent).

(1C)

Subsection (1B) does not limit the matters to which the court may have regard in determining whether to discharge a protection order.

28 Section 48 replaced (Variation or discharge on behalf of protected person)

Replace section 48 with:

48 Variation or discharge on behalf of protected person

(1)

This section applies in relation to

(a)

any application on behalf of a protected person for the variation or discharge of a protection order under this Act; and

(b)

the defending on behalf of a protected person of any such application made by the respondent or the associated respondent.

(2)

Sections 9, 9A, 11, 12, and 12A apply to those matters, so far as applicable and with the necessary modifications, as they apply in relation to the making of an application for a protection order.

29 Section 49 amended (Offence to breach protection order)

(1A)

In the heading to section 49, after protection order, insert (or related property order).

(1)

Replace section 49(1) with:

(1)

A person commits an offence if the person breaches a protection order by

(a)

doing any act in contravention of the protection order; or

(b)

failing to comply with any condition of the protection order; or

(c)

contravening, or failing to comply with any term and condition of, a related occupation order (for example, by failing to leave the dwellinghouse to which the order relates); or

(d)

contravening a related tenancy order (for example, by failing to leave the dwellinghouse to which the order relates); or

(e)

contravening, or failing to comply with any term and condition of, a related ancillary furniture order (for example, by preventing possession and use of all or any items to which the order relates); or

(f)

contravening, or failing to comply with any term and condition of, a related furniture order (for example, by preventing possession and use of all or any items to which the order relates).

(2)

Replace section 49(4) with:

(4)

A failure to comply with a direction made under section 51E is not a breach of a protection order under subsection (1)(b).

30 Section 50 replaced (Power to arrest for breach of protection order)

Replace section 50 with:

50 Power to arrest for breach of protection order (or related property order)

Where a protection order is in force, any constable may arrest, without warrant, any person who the constable has good cause to suspect has

(a)

contravened the protection order; or

(b)

failed to comply with any condition of the protection order; or

(c)

contravened, or failed to comply with a term and condition of, a related occupation order; or

(d)

contravened a related tenancy order; or

(e)

contravened, or failed to comply with a term and condition of, a related ancillary furniture order; or

(f)

contravened, or failed to comply with a term and condition of, a related furniture order.

Programmes (Part 2A)

31 Part 2A replaced

Replace Part 2A with:

Part 2A Programmes and prescribed services

Interpretation

51A Interpretation

In this Part, unless the context otherwise requires,

approval means an approval under section 51B, and that has not been suspended or cancelled, of 1 of the following kinds:

(a)

an approval of an assessor:

(b)

an approval of a service provider

assessment, in relation to a respondent, means an assessment of the respondent undertaken by an assessor to determine

(a)

the extent to which the respondent poses a safety risk to any person or the public; and

(b)

if the assessment is an assessment for a non-violence programme, what, if any, non-violence programme is the most appropriate for the respondent to attend; and

(c)

if the assessment is an assessment for prescribed services, what, if any, prescribed services may be appropriate for and may benefit the respondent

assessor means a person or an organisation that has been granted an approval to undertake assessments (for non-violence programmes, prescribed services, or both)

non-violence programme means a programme that

(a)

is provided by a service provider; and

(b)

is provided to a respondent; and

(c)

has the primary objective of stopping or preventing family violence on the part of the respondent

prescribed non-standard service has the meaning given to it by section 2

prescribed service has the meaning given to it by section 2

prescribed standard service has the meaning given to it by section 2

programmes means

(a)

safety programmes; and

(b)

non-violence programmes

respondent means the person against whom an application has been made for an order under this Act, and includes an associated respondent

safety programme means a programme that

(a)

is provided by a service provider; and

(b)

is provided to a protected person; and

(c)

has the primary objective of promoting (whether by education, information, support, or otherwise) the protection of the protected person from family violence

service provider means a person or an organisation that has been granted an approval to provide programmes, prescribed services, or both.

Approval of assessors and service providers

51B Assessors and service providers

(1)

The Secretary may decide to grant, amend, suspend, or cancel

(a)

an approval of a person or an organisation (for example, a government organisation) as an assessor (for non-violence programmes, prescribed services, or both):

(b)

an approval of a person or an organisation (for example, a government organisation) as a service provider.

(2)

A person or an organisation may be approved under subsection (1) by the Secretary

(a)

on an application made for the purpose by the person or organisation; or

(b)

on the Secretary’s own motion, and with the person’s or organisation’s written consent.

(3)

A person or an organisation seeking an approval under subsection (1) by way of an application, or an own-motion approval under subsection (1), must follow the applicable process (if any) prescribed by regulations made under section 127(a)(i).

(4)

A person or an organisation may (subject to, and to the prescribed criteria referred to in, subsection (5)) seek, be granted, or hold, both

(a)

an approval as an assessor (for non-violence programmes, prescribed services, or both); and

(b)

an approval as a service provider.

(5)

In deciding whether to grant, amend, suspend, or cancel an approval under subsection (1), the Secretary must apply the criteria (if any) prescribed for the purposes of this section by regulations made under section 127(a)(ii).

(6)

An approval, or an amendment, suspension, or cancellation of an approval, under this section must be by written notice copied to the person or organisation.

(7)

The Secretary must publish promptly on an Internet site maintained by or on behalf of the Ministry of Justice

(a)

an up-to-date list of assessors approved under this section:

(b)

an up-to-date list of service providers approved under this section.

Notification of safety concerns

51C Assessor or service provider to notify safety concerns

(1)

This section applies if,

(a)

a service provider has, during or after the provision by the provider to a protected person of a safety programme, concerns about the safety of a protected person (whether or not a protected person attending, or who attended, the safety programme); or

(b)

an assessor has, during or after the undertaking by the assessor of an assessment of the respondent, concerns about the safety of a protected person; or

(c)

a service provider has, during or after the provision by the provider to a respondent of a non-violence programme or a prescribed service, concerns about the safety of a protected person.

(2)

In subsection (1), concerns about the safety of a protected person means concerns about a risk (to the safety of the protected person) that

(a)

is imminent, escalating, or grave; and

(b)

adds to the concerns that supported the making of the protection order.

(3)

The assessor or service provider must, without delay, notify the following authorities of those concerns:

(a)

the Registrar:

(b)

the District Commander at the appropriate Police District Headquarters:

(c)

if there is a perceived risk to any child, the chief executive.

(4)

On receiving a notification under subsection (3)(a), the Registrar must

(a)

arrange for the protected person to be advised of the assessor’s or service provider’s concerns; and

(b)

comply with section 51U (Registrar’s response to notice of safety concerns or non-compliance).

Safety programmes

51D Safety programmes for protected persons

(1)

If the court makes a protection order,

(a)

the applicant, or the applicant’s representative, may request the Registrar to authorise the provision of a safety programme to all or any of the following persons:

(i)

the applicant:

(ii)

a child of the applicant’s family:

(iii)

a specified person; and

(b)

a child of the applicant’s family may request the Registrar to authorise the provision of a safety programme to that child if no request has been made under paragraph (a)(ii); and

(c)

a specified person (other than a child) may request the Registrar to authorise the provision of a safety programme to that specified person if no request has been made under paragraph (a)(iii).

(2)

If, at the time the protection order is made, the applicant has not made a request under this section, and the applicant is not legally represented, the Judge or the Registrar must inform the applicant of the applicant’s right to make such a request.

(3)

One or more requests may be made under all or any of subsection (1)(a), (b), and (c), in respect of the same person or different people, at any time while the protection order remains in force.

(4)

If a request is made to a Registrar under subsection (1)(a), (b), or (c), the Registrar

(a)

must arrange for the matter to be referred to a service provider without delay, if the request is the first one made by or on behalf of the applicant, child of the applicant’s family, or specified person; and

(b)

may do so, if the request is a later one made by or on behalf of the applicant, child of the applicant’s family, or specified person.

(5)

Every lawyer acting for an applicant for a protection order must

(a)

ensure that the applicant is aware of the applicant’s right to make a request under this section; and

(b)

if the applicant wishes to exercise that right, take any further steps the lawyer considers necessary to enable the applicant to do so.

Non-violence programmes and prescribed services

51E Directions for assessments, non-violence programme, and prescribed standard services
Court making protection order must make direction for non-violence programme

(1)

On making a protection order, the court must direct the respondent to

(a)

undertake an assessment for a non-violence programme; and

(b)

attend a non-violence programme, provided by a service provider, that an assessor determines is an appropriate non-violence programme for the respondent to attend.

(2)

However, the court need not make a direction under subsection (1) if the court considers that there is a good reason for not making a direction.

Court making protection order may make direction for prescribed services

(3)

On making a protection order, the court may direct the respondent to

(a)

undertake an assessment for prescribed services; and

(b)

engage with any prescribed standard service, provided by a service provider, that an assessor determines may be appropriate for and may benefit the respondent.

51F Objection process if direction made on application without notice

(1)

This section applies if the court makes a direction under section 51E on an application made without notice.

(2)

If this section applies,

(a)

the direction does not take effect until 10 working days after a copy of the direction is served on the respondent; and

(b)

the respondent may, within those 10 working days, notify the court that the respondent objects to the direction.

(3)

If the respondent, under subsection (2)(b), notifies the court that the respondent objects to the direction,

(a)

the Registrar must, if the respondent wishes to be heard, assign a hearing date, which must be

(i)

as soon as practicable; and

(ii)

unless there are special circumstances, in no case later than 42 days after receipt of the notice of objection; and

(b)

the direction is suspended from the date on which the court receives the notice of objection until the court, after considering the respondent’s objection, confirms (whether with or without variation) or discharges the direction.

(4)

Nothing in this section or section 51G gives the court power to review any order or decision other than the direction to which the notice relates, but nothing in this section limits section 76 or 79.

51G Court may confirm or discharge direction after considering objection

(1)

After considering an objection, made under section 51F, to a direction, the court may

(a)

confirm the direction; or

(b)

vary the direction; or

(c)

discharge the direction.

(2)

If the court under subsection (1) confirms or varies a direction and the respondent is before the court, the Judge must warn the respondent that non-compliance with the direction is an offence punishable by imprisonment.

(3)

Failure to give the warning required by subsection (2) does not affect the validity of the direction confirmed or varied.

51H Referral of respondent to assessor

(1)

After the court has made a direction under section 51E, the Registrar must, without delay,

(a)

arrange for the respondent to be referred to an assessor who has been granted an approval to undertake an assessment of the kind required by the direction; and

(b)

notify the assessor of the direction made under section 51E.

(2)

This section is subject to section 51F (objection process if direction made on application without notice).

51I Assessor meets with respondent, undertakes assessment, and makes determinations
Undertaking assessment and making determinations

(1)

As soon as possible after receiving a notification under section 51H, the assessor must arrange to meet with the respondent to

(a)

undertake an assessment of the respondent; and

(b)

determine, if the direction in the notification is that the respondent undertake an assessment for a non-violence programme, whether there is an appropriate non-violence programme, provided by a service provider, for the respondent to attend; and

(c)

determine, if the direction in the notification is that the respondent undertake an assessment for prescribed services, whether (and, if so, which of) the types of services specified in regulations made under section 127(aaa) (if any), provided by a service provider, may be appropriate for and may benefit the respondent.

When assessments or determinations need not be undertaken or made

(2)

However, the assessor need not undertake or complete an assessment, or make a determination, under subsection (1), if the assessor considers that there is a good reason for not doing so.

(3)

On making a decision under subsection (2) not to undertake or complete an assessment, or not to make a determination, under subsection (1), the assessor must notify, and send a copy of the decision to, the Registrar.

(4)

On receiving notification of, and a copy of, the assessor’s decision under subsection (2), the Registrar must bring the matter to the attention of a Judge (see section 51S).

Order of, and delaying, respondent’s attendance or engagement

(5)

Subsection (6) applies to an assessor who makes all or any of the following (unless the assessor also determines under subsection (1)(c) that a prescribed non-standard service, provided by a service provider, may be appropriate for and may benefit the respondent, in which case section 51L applies):

(a)

a determination under subsection (1)(b) that there is an appropriate non-violence programme, provided by a service provider, for the respondent to attend:

(b)

a determination under subsection (1)(c) that a prescribed standard service, provided by a service provider, may be appropriate for and may benefit the respondent.

(6)

The assessor must, in making the 1 or more determinations, decide (jointly with any other assessor referred under section 51H a direction made under section 51E on the making of the protection order) what order the respondent must attend a non-violence programme or engage with a prescribed standard service, and whether the respondent’s attendance at the programme, or engagement with the prescribed standard service, or both, should be delayed to enable other matters to be addressed first.

(7)

On making a decision under subsection (6) that the respondent’s attendance at the programme, or engagement with the prescribed standard service, or both, should be delayed to enable other matters to be addressed first, the assessor must notify the Registrar, and the Registrar must bring the matter to the attention of a Judge (see section 51S).

51J When assessor must refer respondent back to court

(1)

This section applies if, after undertaking an assessment of the respondent, the assessor makes 1 or both of the following:

(a)

a determination under section 51I(1)(b) that there is not an appropriate non-violence programme, provided by a service provider, for the respondent to attend:

(b)

a determination under section 51I(1)(c) that there is not a prescribed standard service, provided by a service provider, that may be appropriate for and may benefit the respondent.

(2)

The assessor must, without delay, notify, and copy the 1 or more determinations to, the respondent and the Registrar.

(3)

After receiving a notification under subsection (2), the Registrar must

(a)

arrange for the protected person to be notified of the 1 or more determinations; and

(b)

bring the matter to the attention of a Judge (see section 51S).

51K When assessor must refer respondent to service provider

(1)

This section applies if, after undertaking an assessment of the respondent, the assessor makes 1 or both of the following:

(a)

a determination under section 51I(1)(b) that there is an appropriate non-violence programme, provided by a service provider, for the respondent to attend:

(b)

a determination under section 51I(1)(c) that a prescribed standard service, provided by a service provider, may be appropriate for and may benefit the respondent.

(2)

The assessor must, without delay,

(a)

notify, and copy the 1 or more determinations to, the respondent, and otherwise arrange for the respondent to be referred to the service provider; and

(b)

notify the service provider of the relevant direction or directions made under section 51E and of the 1 or more determinations; and

(c)

notify, and copy the 1 or more determinations to, the Registrar.

51L Court may direct respondent to engage with prescribed non-standard service

(1)

This section applies if the assessor determines under section 51I(1)(c) that a prescribed non-standard service, provided by a service provider, may be appropriate for and may benefit the respondent.

(2)

The assessor must promptly notify the Registrar, and send the Registrar

(a)

the result of the assessment of the respondent undertaken by the assessor; and

(b)

all information related to the assessor’s determination under section 51I(1)(c) that the assessor considers may help a Judge to determine whether to make a direction under subsection (4).

(3)

After receiving a notification under subsection (2), the Registrar must bring the matter to the attention of a Judge.

(4)

When a matter is brought to the attention of a Judge under subsection (3), the Judge may, if the Judge thinks fit, by written direction copied promptly to the respondent, to the assessor, and to the service provider, require the respondent to engage with the prescribed non-standard service as provided by a service provider.

(5)

The Judge, in making the direction, may decide in what order the respondent must attend a non-violence programme or engage with the prescribed non-standard service (or with any prescribed standard services with which the respondent is required to engage), and whether the respondent’s attendance at the programme, or engagement with all or any prescribed services, or both, should be delayed to enable other matters to be addressed first, and may make any other order or direction that may be made under section 51S.

51M Referral to different service provider

(1)

This section applies if the service provider

(a)

is notified of, or copied, under section 51K or 51L, a direction about a programme or prescribed service and a respondent; but

(b)

is not able to provide that programme or service to the respondent.

(2)

The service provider must

(a)

notify the assessor referred to in section 51K or 51L; and

(b)

send to that assessor the following information:

(i)

the result of the assessment of the respondent undertaken by the assessor; and

(ii)

any information that is held by the service provider and that relates to the assessment by the assessor of, or to the provision of the programme or service by the service provider to, the respondent.

(3)

After receiving a notification under subsection (2)(a) and the information referred to in subsection (2)(b), the assessor must

(a)

notify or copy under section 51K or 51L(4) (which apply with the necessary modifications) the direction about the programme or prescribed service and the respondent to a service provider that is able to provide that programme or service to the respondent, and notify the Registrar of the respondent’s referral under this paragraph to a different service provider; or

(b)

notify the Registrar.

(4)

After receiving a notification under subsection (3)(b), the Registrar must bring the matter to the attention of a Judge (see section 51S).

51N Referral back to court if programme or service to be delayed or inappropriate

(1)

This section applies if the service provider, after being notified of, or copied, under section 51K or 51L, a direction about a non-violence programme or prescribed service and a respondent, determines that

(a)

the respondent’s attendance at the programme, or engagement with the service, or both, should be delayed to enable other matters to be addressed first; or

(b)

it would not be appropriate for the respondent to attend the programme, engage with the service, or both.

(2)

The service provider must notify the Registrar, and the Registrar must bring the matter to the attention of a Judge (see section 51S).

51O Terms of attendance at or engagement with non-violence programme or prescribed service

(1)

Before providing a non-violence programme to a respondent (in line with the direction made under section 51E(1)(b) and the determination made under section 51I(1)(b)), the service provider must settle in writing with the respondent the terms of attendance, which must include

(a)

the number of programme sessions that the respondent must attend; and

(b)

details and arrangements about the programme venue, sessions, and times.

(2)

Before providing a prescribed service to a respondent directed under section 51E(3)(b) or 51L to engage with the service, the service provider must settle in writing with the respondent the terms of the respondent’s engagement with the service.

(3)

The service provider must provide to the Registrar a copy of the terms of attendance or (as the case requires) the terms of engagement that the service provider has settled with the respondent.

(4)

If a service provider is not able to settle with a respondent the terms of attendance or (as the case requires) the terms of engagement, the service provider must notify the Registrar.

(5)

On receipt of a notice under subsection (4), the Registrar must

(a)

settle the terms of attendance or (as the case requires) the terms of engagement with the respondent and the service provider; or

(b)

bring the matter to the attention of a Judge (see section 51S).

51P Referral back to court if continued provision no longer appropriate or practicable or affected significantly by non-compliance

(1)

This section applies if, at any time during the provision of a non-violence programme, the service provider considers that

(a)

it is no longer appropriate or practicable for the service provider to provide the programme to the respondent; or

(b)

the respondent is not participating fully in the programme, and that this is significantly affecting the respondent’s ability to benefit fully from the programme.

(2)

This section also applies if, at any time during the provision of a prescribed service, the service provider considers that

(a)

it is no longer appropriate or practicable for the service provider to provide the service to the respondent; or

(b)

the respondent is not engaging fully with the service, and that this is significantly affecting the respondent’s ability to benefit fully from the service.

(3)

The service provider must

(a)

notify the Registrar; and

(b)

send to the Registrar all information that is held by the service provider and that relates to the provision of the non-violence programme or (as the case requires) to the provision of the prescribed service to the respondent.

(4)

After receiving a notification under subsection (3)(a) of a determination (about continued provision of the programme or the prescribed service) under subsection (1)(a) or (2)(a) and the information referred to in subsection (3)(b), the Registrar must

(a)

make a new referral under section 51M to a different service provider; or

(b)

bring the matter to the attention of a Judge (see section 51S).

(5)

A service provider who makes a determination (about the respondent’s non-compliance) under subsection (1)(b) or (2)(b) is required by section 51T to give written notice to the Registrar of that determination (and sections 51U, 51V, 51W, and 51X apply accordingly).

51Q Report and notice of completion and outcome of programme or service

(1)

When a respondent has completed a non-violence programme or has completed engagement with a prescribed service, the service provider must, without delay, provide to the Registrar a report that

(a)

states whether, in the opinion of the service provider, the respondent has met the objectives of the non-violence programme or of the engagement with the prescribed service; and

(b)

advises of any concerns that the service provider has about the safety of any protected person (as those concerns are defined in section 51C(2)).

(2)

On receiving a report under subsection (1), the Registrar must

(a)

comply with section 51U if

(i)

the report advises that the respondent has failed to meet the objectives of the programme or of the engagement with the prescribed service; or

(ii)

the report advises of any concerns that the service provider has about the safety of any protected person; and

(b)

arrange for the protected person to be notified

(i)

that the respondent has completed a non-violence programme or engagement with a prescribed service; and

(iii)

of any concerns that the service provider has about the safety of the protected person, and that are advised in the report provided under subsection (1).

(3)

The court may release a report under subsection (1) to either or both of the following people on any terms and conditions the court considers necessary or desirable to protect the safety of a protected person:

(a)

a respondent:

(b)

a lawyer acting for a child who made under section 9 the application for the protection order.

(4)

Those terms and conditions may include (without limitation) the timing of the release, whether all, or only a part, of the report is released, and whether a copy of the report or part, or only an explanation of its effect, is released.

Confidentiality of information

51R Information being admitted as evidence or used without court’s authorisation

(1)

This section applies to information (for example, a statement or an admission) received

(a)

by an assessor or a service provider; and

(b)

for the purposes of, or in the course of, undertaking an assessment, or providing a programme or prescribed service.

(2)

The information must not be admitted as evidence

(a)

in any court; or

(b)

before any person acting judicially.

(3)

However, subsection (2) does not prohibit the information from being disclosed for the purposes of all or any of the following:

(a)

giving a notification (for example, to a Registrar) under this Act:

(b)

making a referral (for example, to a service provider) under this Act:

(c)

proceedings under section 51U or 51V (which are proceedings in response to notice of safety concerns or about the respondent’s non-compliance with a direction):

(d)

investigating or prosecuting an offence against section 51X:

(e)

investigating or prosecuting an offence committed, or alleged to have been committed, during the provision of a programme, a prescribed service, or both:

(f)

an inquiry that may be or is opened, ordered, or conducted into a death (including any related inquest that may be or is held) under the Coroners Act 2006:

(g)

any disclosure of the information that is authorised by the individual to whom the information relates (even if that individual is not the person who provided the information to the assessor or the service provider).

(4)

This section does not affect or limit court information being able to be accessed by, disclosed to, or shared with, an assessor or a service provider only as authorised by or under

(a)

section 236 or 237 of the District Court Act 2016; or

(b)

section 173 or 174 of the Senior Courts Act 2016; or

(c)

regulations made under section 127(c) of this Act; or

(d)

any other enactment.

(5)

This section does not affect or limit any collection, use, or disclosure of the information authorised or required by or under the Privacy Act 1993 or any other enactment.

Enforcement and powers when matter referred back to court

51S Powers if matter brought to attention of Judge

(1)

This section applies if the Registrar brings a matter to the attention of a Judge under

(a)

section 51I(4) (which applies if an assessor decides under section 51I(2) not to undertake or complete an assessment, or not to make a determination, under section 51I(1)); or

(b)

section 51I(7) (which applies if an assessor decides under section 51I(6) that the respondent’s attendance at a non-violence programme, or engagement with a prescribed standard service, or both, should be delayed); or

(c)

section 51J(3) (when assessor must refer respondent back to court); or

(d)

section 51M(4) (referral to different service provider); or

(e)

section 51N(2) (referral back to court if programme or service to be delayed or inappropriate); or

(f)

section 51O(5)(b) (terms of attendance at or engagement with non-violence programme or prescribed service); or

(g)

section 51P(4)(b) (which applies if the service provider considers that is no longer appropriate or practicable for the service provider to provide a non-violence programme or prescribed service to the respondent).

(2)

The Judge may make any order or direction (for example, under section 51E, 51L, 51M, or 51Q) the Judge thinks fit in the circumstances.

(3)

The Judge may under subsection (2) do all or any of the following:

(a)

make a direction under section 51E(3)(a) and (b) (that the respondent undertake an assessment for prescribed services, and engage with any prescribed standard service, provided by a service provider, that an assessor determines may be appropriate for and may benefit the respondent):

(b)

suspend, vary or replace, or discharge the direction (to attend a non-violence programme or engage with a prescribed standard service) made under section 51E(1)(b) or (3)(b):

(c)

suspend, vary or replace, or discharge a direction (to engage with a prescribed non-standard service) made under section 51L:

(d)

make a direction (to engage with a prescribed non-standard service) under section 51L in respect of the respondent:

(e)

make under section 51M a referral to a different service provider that is able to provide a non-violence programme or prescribed service to the respondent:

(f)

settle the terms of attendance or (as the case requires) the terms of engagement with the respondent and the service provider under section 51O:

(g)

make, or vary or discharge terms or conditions of, a parenting order (interim or final) under the Care of Children Act 2004 relating to or affecting the respondent (in which case the provisions of that Act apply with all necessary modifications).

(4)

Subsection (3) does not limit subsection (2).

51T Notice of non-compliance with direction

(1)

This section applies if, after the court makes a direction under section 51E or 51L, 1 or more of the following events happen:

(a)

the respondent fails to undertake an assessment with the assessor to whom notice of the direction has been given under section 51H:

(b)

the respondent fails to attend a non-violence programme in accordance with a direction made under section 51E(1)(b) and with the terms of attendance settled under section 51O:

(c)

the respondent fails to engage with a prescribed service in accordance with a direction made under section 51E(3)(b) or 51L and with the terms of engagement settled under section 51O:

(d)

during the provision of a non-violence programme, the service provider determines under section 51P(1)(b) that the respondent is not participating fully in the programme and that this is significantly affecting the respondent’s ability to benefit fully from the programme:

(e)

during the provision of a prescribed service, the service provider determines under section 51P(2)(b) that the respondent is not engaging fully with the service and that this is significantly affecting the respondent’s ability to benefit fully from the service.

(2)

The assessor or service provider concerned must give written notice to the Registrar of the 1 or more events that have happened.

(3)

Notice under subsection (2) of an event must be given before the end of the seventh day after the day that the event happened.

51U Registrar’s response to notice of safety concerns or non-compliance

(1)

This section applies if the Registrar receives any of the following:

(a)

a notification under section 51C(3)(a) of an assessor’s or a service provider’s concerns about the safety of a protected person:

(b)

a notice under section 51T of a respondent’s non-compliance with a direction (for example, a direction made under section 51E(3)(b) or 51L that requires the respondent to engage with a prescribed service):

(c)

a non-violence programme completion or prescribed service engagement completion report under section 51Q(1)

(i)

that advises that the respondent has failed to meet the objectives of the programme or of the engagement with the prescribed service; or

(ii)

that advises of concerns that the service provider has about the safety of any protected person.

(2)

The Registrar must, without delay,

(a)

exercise the powers under section 82, as if the Registrar were the court referred to in that section, to call the 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 51V in relation to the respondent.

(3)

If the Registrar exercises the powers under section 82 in the manner allowed by subsection (2)(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 were a witness in proceedings.

51V Judge may call respondent before court

(1)

This section applies if, under section 51U(2)(b), a Registrar brings a matter to the attention of a Judge.

(2)

The Judge may exercise the powers under section 82 to call the respondent before the court.

(3)

If the Judge exercises those powers, section 82 applies, so far as applicable and with all necessary modifications, as if the respondent were a witness in proceedings.

51W Respondent called before court

(1)

If a respondent appears before the court under section 51U(2)(a) or 51V(2), the court may, after hearing from the respondent, do all or any of the following:

(a)

admonish the respondent:

(b)

confirm, vary or replace, or discharge the direction (under section 51E or 51L), or change the terms of attendance at or engagement with the programme or prescribed service under section 51O:

(c)

make a replacement direction (under section 51E or 51L) that requires the respondent to attend or engage with a further, or different, assessment, programme, or prescribed service:

(d)

make, or vary or discharge terms or conditions of, a parenting order (interim or final) under the Care of Children Act 2004 relating to or affecting the respondent (in which case the provisions of that Act apply with all necessary modifications):

(e)

make any order or direction the court thinks fit in the circumstances.

(2)

If the court confirms or varies a direction under subsection (1), the Judge must warn the respondent that non-compliance with the direction is an offence punishable by imprisonment.

(3)

Failure to give the warning required by subsection (2) does not affect the validity of the direction confirmed or varied.

51X Offence to fail to comply with direction

A respondent who fails, without reasonable excuse, to comply with a direction made under section 51E or 51L commits an offence and is liable on conviction to

(a)

a fine not exceeding $5,000; or

(b)

a term of imprisonment not exceeding 6 months.

Orders relating to property (Part 3)

32 Section 52 replaced (Application for occupation order)

Replace section 52 with:

52 Application for occupation order

(1)

A person who makes an application for a protection order may, at any of the following times, also apply for an occupation order:

(a)

when making the application for the protection order; or

(b)

before the application for the protection order is determined; or

(c)

while the protection order applied for, if it is made, is in force.

(2)

Where the person who is eligible to apply for an occupation order is a child, the child may make the application only in accordance with section 71(2).

(3)

An occupation order grants the applicant the right to live in a dwellinghouse owned by either party to the proceedings, or in which either party to the proceedings has a legal interest (for example, a tenancy), at the time the occupation order is made.

(4)

However, no occupation order may be made in respect of any dwellinghouse unless either party to the proceedings owned it, or either party to the proceedings had a legal interest (for example, a tenancy) in it, at a time when the family relationship in respect of which the protection order is sought or was made existed.

Compare: 1982 No 120 s 19

33 Section 53 amended (Power to make occupation order)

(1)

Replace section 53(1) and (2) with:

(1)

On or after making a protection order and on an application for an occupation order, the court may make an order granting to the applicant the right to personally occupy a specified dwellinghouse.

(1A)

Subsection (1) is subject to subsection (2) and to section 74, but applies despite anything in the Property (Relationships) Act 1976.

(2)

The court may make an order under subsection (1) only if it is satisfied that the order

(a)

is reasonably necessary for 1 or both of the following purposes:

(i)

to meet the accommodation needs of the applicant, a child of the applicant’s family, or both:

(ii)

to enable the applicant to continue existing childcare, education, training, or employment arrangements for that person, a child of the applicant’s family, or both; or

(b)

is in the best interests of a child of the applicant’s family.

(2A)

Subsection (2) does not limit the matters to which the court may have regard in determining whether to make the order.

(2)

In section 53(4), replace all persons with any other persons.

34 Section 54 amended (Effect of occupation order)

Replace section 54(2) with:

(2)

Contravening, or failing to comply with any term and condition of, an occupation order (for example, by failing to leave the dwellinghouse to which the order relates) is

(a)

a breach of the related protection order; and

(b)

an offence against section 49.

35 Section 56 amended (Application for tenancy order)

Replace section 56(1) with:

(1)

A person who makes an application for a protection order may, at any of the following times, also apply for a tenancy order:

(a)

when making the application for the protection order; or

(b)

before the application for the protection order is determined; or

(c)

while the protection order applied for, if it is made, is in force.

(1A)

Where the person who is eligible to apply for a tenancy order is a child, the child may make the application only in accordance with section 71(2).

(1B)

A tenancy order vests in the applicant the tenancy of any dwellinghouse of which either party to the proceedings is the sole tenant, or a tenant holding jointly, or in common, with the applicant, at the time the tenancy order is made.

(1C)

However, no tenancy order may be made in respect of the tenancy of any dwellinghouse unless either party to the proceedings was the sole tenant, or a tenant holding jointly, or in common, with the applicant, at a time when the family relationship in respect of which the protection order is sought or was made existed.

36 Section 57 amended (Power to make tenancy order)

(1)

Replace section 57(1) and (2) with:

(1)

On or after making a protection order and on an application for a tenancy order, the court may make an order vesting in the applicant the tenancy of a specified dwellinghouse.

(1A)

Subsection (1) is subject to subsection (2) and to section 74, but applies despite anything in the Property (Relationships) Act 1976.

(2)

The court may make an order under subsection (1) only if it is satisfied that the order

(a)

is reasonably necessary for 1 or both of the following purposes:

(i)

to meet the accommodation needs of the applicant, a child of the applicant, or both:

(ii)

to enable the applicant to continue existing childcare, education, training, or employment arrangements for that person, a child of the applicant, or both; or

(b)

is in the best interests of a child of the applicant’s family.

(2A)

Subsection (2) does not limit the matters to which the court may have regard in determining whether to make the order.

(2)

In section 57(3), replace all persons with any other persons.

37 Section 58 amended (Effect of tenancy order)

Replace section 58(2) with:

(2)

Contravening a tenancy order (for example, by failing to leave the dwellinghouse to which the order relates) is

(a)

a breach of the related protection order; and

(b)

an offence against section 49.

38 Section 60 amended (Application without notice for occupation order or tenancy order)

(1)

Replace section 60(1) with:

(1)

An occupation order or a tenancy order may be made under section 53 or 57 on an application without notice if the court is satisfied that the delay that would be caused by proceeding on notice would or might expose the applicant or a child of the applicant’s family to family violence.

(2)

Repeal section 60(3).

39 Section 61 amended (Procedure for occupation orders and tenancy orders)

(1)

Replace section 61(1)(a) with:

(a)

it has jurisdiction to make a tenancy order (in particular because, as required by section 57(1) or 60(1), a protection order has been made, or it will at the same time make a protection order); and

(2)

Replace section 61(2)(a) with:

(a)

it has jurisdiction to make an occupation order (in particular because, as required by section 53(1) or 60(1), a protection order has been made, or it will at the same time make a protection order); and

39A Section 62 amended (Application for ancillary furniture order)

After section 62(1), insert:

(1A)

Where the person who is eligible to apply for an ancillary furniture order is a child, the child may make the application only in accordance with section 71(2).

40 Section 64 amended (Effect of ancillary furniture order)

Replace section 64(2) with:

(2)

Contravening, or failing to comply with any term and condition of, an ancillary furniture order (for example, by preventing possession and use of all or any items to which the order relates) is

(a)

a breach of the related protection order; and

(b)

an offence against section 49.

41 Section 66 amended (Application for furniture order)

(1)

In section 66, delete aged 16 years or over.

(2)

In section 66(b)(i), replace domestic relationship with family relationship.

(3)

In section 66, insert as subsection (2):

(2)

Where the person who is eligible to apply for a furniture order is a child, the child may make the application only in accordance with section 71(2).

42 Section 67 amended (Power to make furniture order)

(1)

Replace section 67(1) with:

(1)

On or after making a protection order, the court may also make an order granting to the applicant the possession and use of all or any of the furniture, household appliances, and household effects in the dwellinghouse in which the parties live or have lived.

(1A)

Subsection (1) is subject to subsections (2) and (6) and to section 74, but applies despite anything in the Property (Relationships) Act 1976.

(2)

After section 67(5), insert:

(5A)

Terms and conditions imposed under subsection (5) may, without limitation, require or relate to all or any of the following:

(a)

access to the dwellinghouse in which the parties live or have lived:

(b)

the timing of collection of the items to which the order relates:

(c)

the manner of collection of those items:

(d)

the absence from that dwellinghouse, at the time or times of collection of those items, of a specified person or specified people.

43 Section 68 amended (Effect of furniture order)

Replace section 68(2) with:

(2)

Contravening, or failing to comply with any term and condition of, a furniture order (for example, by preventing possession and use of all or any items to which the order relates) is

(a)

a breach of the related protection order; and

(b)

an offence against section 49.

43A Section 70 amended (Application without notice for ancillary furniture order or furniture order)

(1)

Replace section 70(1) with:

(1)

An order under section 63 or 67 may be made on an application without notice if the court is satisfied that the delay that would be caused by proceeding on notice would or might expose the applicant or a child of the applicant’s family to family violence.

(2)

Repeal section 70(3) and (4).

44 Sections 71 to 73 replaced

Replace sections 71 to 73 with:

71 Applications for property orders by children

(1)

A child may, in accordance with this section, make an application for a property order.

(2)

A child may make the application only

(a)

by a representative (for example, an approved organisation that is authorised by section 12C to take proceedings under this Act on behalf of the child); or

(ab)

if aged 16 years old or over (in which case this paragraph authorises the child to take proceedings without a representative); or

(b)

if authorised under rules of court to do so without a representative.

(3)

This section does not limit or affect the making or operation of rules of court (for example, rules made under section 16A(1) of the Family Courts Act 1980) that

(a)

prevent an incapacitated child from taking part in, or from taking a step in, all or any specified proceedings under this Act without a litigation guardian:

(b)

provide for a representative to make all or any specified applications under this Act on behalf of a child prevented by physical incapacity, fear of harm, or another sufficient cause from applying personally.

71A Views of child on whose behalf application made by representative

(1)

This section applies if an application for a property order is made, on behalf of a child, by a representative, under section 71(2)(a).

(2)

The child may be heard in the proceedings, even though they arose from the application made by the representative, and despite section 71(2)(a).

(3)

Where the child expresses views on any matters related to the proceedings, the court must take account of those views.

72 Applications for property orders against children

The court must not make a property order against a child unless satisfied that the child is aged 16 years old or over and that the order is justified by special circumstances.

73 Applications for property orders on behalf of people other than children

(1)

This section applies to an application made under this Part by a person who is not a child.

(2)

Sections 11, 12, and 12A (applications on behalf of a person lacking capacity or prevented from applying personally) apply to the application, so far as applicable and with the necessary modifications, as if it were an application under Part 2 for a protection order.

Procedure (Part 4)

44A Section 79A amended (Review of contact arrangements)

In section 79A(1), replace the Family Court with the court.

45 Section 81 amended (Court may appoint lawyer)

(1)

In section 81(1)(b)(i), replace section 9(2) with section 9(2)(a).

(1A)

After section 81(1)(b), insert:

(ba)

to represent a child (unless the child is, in the proceedings concerned, already represented by a lawyer)

(i)

in any proceedings on an application made under section 10(1) or (2) for a protection order, or a direction under section 17 that a protection order apply, against the child; or

(ii)

in any proceedings relating to or arising out of a protection order or a direction made, under this Act, on any such application; or

(2)

In section 81(1)(c), replace any other person (being a person to whom section 11 applies) with a person lacking capacity to whom section 11 applies.

(3)

In section 81(2), replace subsection (1)(c) with subsection (1)(ba) or (c).

(4)

In section 81(2A), replace subsection (1)(a) or (b) with subsection (1)(a), (b), or (ba).

45A New section 81A inserted (How Judge ascertains child’s views (other than at hearing))

After section 81, insert:

81A How Judge ascertains child’s views (other than at hearing)

(1)

If the court is required, or considers it necessary or desirable, to ascertain a child’s views (other than at any hearing of any application), a Judge may interview the child to ascertain those views.

(2)

This section does not affect rules of court on the court ascertaining a child’s views at any hearing of any application.

46 Section 83 amended (Conduct of proceedings)

In section 83(2), replace whanau with whānau.

47 Section 88 amended (Copies of orders to be sent to Police)

(1)

In the heading to section 88, after Copies of orders to be sent, insert , and risk factor information may be sent,.

(2)

After section 88(3), insert:

(4)

When making a copy of an order available to a District Commander under subsection (1), the Registrar must at the same time also make available to that District Commander, in a way specified in subsection (3), information supplied

(a)

to the Registrar, by or on behalf of the applicant for the order; and

(b)

to help the Police assess risks, or needs, arising from family violence.

(5)

Risk factor information made available under this section may be disclosed by the Police under section 124V, or under any other enactment that authorises or requires the Police to disclose that information.

48 Section 90 amended (Police to consider exercise of powers under Arms Act 1983)

In section 90(4), replace section 60A of the Arms Act 1983 (which relates to the seizure of a firearm in cases of domestic violence) with section 18 (warrantless searches associated with arms, including in cases of family violence) of the Search and Surveillance Act 2012.

48A Section 91 amended (Appeals to High Court)

After section 91(1AA), insert:

(1AB)

Subsection (1AA) does not apply to a decision to make or refuse to make a protection order under section 123B of the Sentencing Act 2002 (see section 123H of that Act, which ensures that an appeal against a decision of that kind is an appeal against the sentence imposed for an offence).

49 Section 92 amended (Application of provisions relating to minors, etc)

(1)

In the heading to section 92, replace minors with children.

(2)

In section 92, replace Sections 9, 11, and 12, with Sections 9, 9A, 11, 12, and 12A.

Enforcement of protection orders overseas and foreign protection orders (Part 5)

50 Sections 96 and 97 replaced

Replace sections 96 and 97 and the cross-headings above sections 96 and 97 with:

Enforcement of New Zealand orders overseas

96 Enforcement of New Zealand orders overseas

(1)

The Registrar may request the appropriate court or authority in a foreign country to make arrangements for the enforcement in that country of a protection order made by a New Zealand court.

(2)

Subsection (1) is subject to subsections (3) and (4).

(3)

A person who wishes a request to be sent to a foreign country under subsection (1) must make a request in writing to the Registrar of the court in which the protection order was made.

(4)

The Registrar must send to the foreign country under subsection (1) a request made under subsection (3) if, on receiving the request, the Registrar is satisfied that

(a)

the request is made by or on behalf of a protected person; and

(b)

the request relates to a protection order made by a New Zealand court; and

(c)

orders of that nature may be enforced in the foreign country to which the request relates.

(5)

Nothing in this section prevents

(a)

a protected person from applying to a court or other appropriate authority in a foreign country for enforcement, in that country, of a protection order; or

(b)

the variation or discharge, under this Act, of a protection order that is enforced in a foreign country.

(6)

In this section and section 96A, enforcement includes registration and enforcement, and enforced has a corresponding meaning.

Compare: 1968 No 63 ss 22L22LA; 1979 No 52 s 2; 1991 No 19 s 34

96A Information necessary to process request or secure enforcement of order

(1)

This section applies if the Registrar receives a request under section 96(3) for the enforcement of a protection order in a foreign country.

(2)

The Registrar may require the person by whom, or on whose behalf, the request is made to supply to the Registrar any information or evidence (including certified copies of the order) necessary or desirable for either or both of the following purposes:

(a)

to enable the Registrar to determine whether or not the request satisfies the requirements of section 96(4); and

(b)

to secure enforcement of the order in the foreign country.

(3)

After imposing a requirement under subsection (2) for a request made under section 96, the Registrar may refuse to take any action, or further action, in relation to the request, until the requirement is met.

Compare: 1968 No 63 ss 22L22LA; 1979 No 52 s 2; 1991 No 19 s 34

Making requests and making documents available

96B Ways requests may be made and documents may be made available

For the purposes of sections 96, 96A, and 97, a request may be made to the Registrar, the Registrar may send the request to the foreign country, and copies, evidence, or information may be sent to the Registrar, and received and sent by the Registrar, in any of the following ways (none of which also requires a later hard copy):

(a)

sending a copy by means of electronic transmission (whether by way of facsimile transmission, electronic mail, or other similar means of communication):

(b)

making a copy available in any other manner appropriate in the circumstances.

Enforcement of foreign protection orders

97 Registration of foreign protection orders

(1)

The Registrar of a court must register in the court a foreign protection order if the Registrar receives, for the purposes of registration, the following documents:

(a)

a certified copy of the order; and

(b)

a certificate that

(i)

is signed by an officer of a court in the foreign country in which the order was made; and

(ii)

contains a statement that the order is, at the date of the certificate, enforceable in the foreign country.

(2)

The registration is done by filing in the court a certified copy of the order.

Compare: 1968 No 63 s 22A; 1979 No 52 s 2

51 Section 106 amended (Evidence of orders made in foreign country)

In section 106, replace domestic violence with family violence.

Non-publication of information relating to protected person on public registers (Part 6)

52 Cross-heading above section 122 amended

In the cross-heading above section 122, replace Codes with Public register codes.

53 Section 122 amended (Codes of practice)

In the heading to section 122, replace practice with practice: public registers.

54 Section 123 amended (Application of certain provisions of Privacy Act 1993)

In section 123, replace under this Act with under this Part in each place.

Police safety orders (Part 6A)

55 Section 124A amended (Interpretation)

In section 124A, insert in its appropriate alphabetical order:

bound person, in relation to an order, means the person against whom the order is issued

56 Section 124B amended (Qualified constable may issue Police safety order)

(1)

Replace section 124B(1) with:

(1)

A qualified constable may issue an order against a person (person A) who is, or has been, in a family relationship with another person (person B) if the constable has reasonable grounds to believe, having regard to the matters specified in subsection (2), that the issue of an order is necessary to help make person B safe from family violence.

(2)

In section 124B(2)(a)(i) and (ii), replace has used, or is using, domestic violence with has inflicted, or is inflicting, family violence.

(3)

In section 124B(2)(a)(ii), replace domestic relationship with family relationship.

(4)

In section 124B(2)(b), replace will use, or again use, domestic violence with will inflict, or again inflict, family violence.

57 Section 124D replaced (Police safety order not to be issued against child)

Replace section 124D with:

124D Police safety order against child

A qualified constable must not issue an order against a child unless satisfied that the child is aged 16 years old or over and that the order is justified by special circumstances.

58 Section 124E amended (Effect of Police safety order)

Replace section 124E(1) and (2) with:

Duty to surrender weapons and firearms licence and vacate occupied land or building

(1)

A bound person must immediately

(a)

surrender to a constable

(i)

any weapon in the bound person’s possession or control; and

(ii)

any firearms licence held by the bound person:

(b)

vacate any land or building occupied by a person at risk, whether or not the person at risk has a legal or equitable interest in the land or building.

No family violence, no contact, no having others breach order

(2)

It is a condition of every order that the bound person must not

(a)

engage in behaviour that amounts to any form of family violence against a person at risk (see sections 3, 3A, and 3B):

(b)

make any contact with a person at risk that is not contact authorised by subsection (2A) (which describes the condition in this paragraph as an order’s no-contact condition):

(c)

encourage a person to engage in behaviour against, or to make contact with, a person at risk, if the behaviour or contact, if engaged in or made by the bound person, would be prohibited by the order.

Contact that is authorised, and not in breach of order’s no-contact condition

(2A)

Contact by the person bound with a person at risk is authorised, and not in breach of an order’s no-contact condition, if the contact is

(a)

reasonably necessary in any emergency; or

(c)

permitted under any special condition of any relevant protection order; or

(d)

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

(e)

necessary to attend any proceeding (of any kind) in or before any court or person acting judicially, or to attend any other matter that is associated with such a proceeding and that is a matter that the parties to the proceeding jointly attend (for example, a restorative justice conference, or a settlement conference convened under section 46Q of the Care of Children Act 2004).

Meaning of person at risk
59 Section 124F amended (Suspension of firearms licence on issue of Police safety order)

In section 124F(a) and (b), replace person against whom the order is issued with bound person.

60 Section 124G amended (Suspension of parenting orders, etc)

In section 124G(1)(d), replace person against whom the order is issued with bound person.

61 Section 124H amended (Prompt service of Police safety order required)

In section 124H(1), replace person against whom the order is issued with bound person.

62 New section 124HA inserted (Police safety orders: risk and needs assessment of bound person)

After section 124H, insert:

124HA Police safety orders: risk and needs assessment of bound person

(1)

An assessor carries out an assessment under this section to identify

(a)

any risk assessed by the assessor that the bound person is likely, after the expiry of a Police safety order, to continue inflicting family violence; and

(b)

any steps that the assessor considers the bound person should take to help that person accept responsibility for, and stop, that person’s inflicting of family violence.

(2)

A constable (even if not a qualified constable) or Police employee may, while a Police safety order is in force, issue to the bound person a written direction to

(a)

arrange, before the end of the tenth working day after the direction is served on the bound person, for an assessment on the bound person to be carried out promptly by an assessor; and

(b)

attend the assessment at the arranged time and place.

(3)

The constable or Police employee must, as soon as practicable after issuing the direction to the bound person, ensure that a copy of the direction is served on the bound person.

(4)

The direction lapses if

(a)

the order to which it relates lapses (because that order has not been served within 48 hours from the time of issue) under section 124H(2); or

(b)

at or after the time that the direction is issued, a protection order is made against the bound person.

(5)

A person’s refusal or failure, without reasonable excuse, to comply with the direction after it has been served on the person, and if it has not lapsed, is taken for the purposes of section 124L to be a refusal or failure by the person to comply with an order served on the person.

(6)

In this section, assessor means a person or an organisation that has been granted an approval (to carry out assessments under this section)

(a)

under section 124HB; and

(b)

that has not been suspended or cancelled.

63 New section 124HB inserted (Approvals of assessors for section 124HA)

Before section 124J, insert:

124HB Approvals of assessors for section 124HA

(1)

A person or an organisation approved to do so under this section may carry out assessments under section 124HA.

(2)

A person or an organisation (for example, a government organisation) may be approved under this section by the Secretary

(a)

on an application made for the purpose by the person or organisation; or

(b)

on the Secretary’s own motion, and with the person’s or organisation’s written consent.

(3)

A person or an organisation seeking an approval under this section by way of an application, or an own-motion approval under this section, must follow the applicable process (if any) prescribed by regulations made under section 127(a)(i).

(4)

The Secretary may, at any time, amend, suspend, or cancel an approval under this section.

(5)

In deciding whether to grant, amend, suspend, or cancel an approval under this section, the Secretary must apply the criteria (if any) prescribed for the purposes of this section by regulations made under section 127(a)(ii).

(6)

An approval, or an amendment, suspension, or cancellation of an approval, under this section must be by written notice copied to the person or organisation.

(7)

The Secretary must publish promptly on an Internet site maintained by or on behalf of the Ministry of Justice an up-to-date list of assessors approved under this section.

64 Section 124J amended (Police safety order to be explained)

(1)

In the heading to section 124J, after Police safety order, insert , and direction to arrange and attend risk and needs assessment,.

(2)

In section 124J(1), replace person against whom the order is issued with bound person in each place.

(3)

After section 124J(2), insert:

(3)

A constable or Police employee who, while a Police safety order is in force, issues to the bound person a direction under section 124HA must, if and to the extent that it is reasonably practicable to do so in the circumstances, either at the time of issue or service of the direction, explain to the bound person

(a)

the purpose and effect of the direction; and

(b)

the consequences that may follow if the bound person fails or refuses to comply with the direction.

(4)

A constable or Police employee who issues a direction under section 124HA related to a Police safety order must also, either before or after issue and service of the direction, explain to the person for whose safety the order is issued the matters set out in subsection (3)(a) and (b).

65 Section 124K amended (Duration of Police safety order)

In section 124K(1), replace person against whom the order is issued with bound person.

66 Section 124L amended (Contravention of Police safety order)

In section 124L(2), after a constable, insert who believes on reasonable grounds that the person has refused or failed to comply with the order or a condition of the order.

67 New section 124NA inserted (Nature of proceedings and standard of proof under section 124N or 124O)

After section 124N, insert:

124NA Nature of proceedings and standard of proof under section 124N or 124O

(1AAA)

The jurisdiction conferred on the District Court or a Registrar under section 124N or 124O is civil jurisdiction of the District Court.

(1AAB)

Rules of court may be made under section 126(1)(a) of this Act, or under section 228(1)(b) of the District Court Act 2016, regulating the practice and procedure of the District Court in proceedings under section 124N or 124O.

(1AAC)

Subsection (1AAB) does not limit the generality of section 126(1)(a) or (b) of this Act or of section 228(1)(b) of the District Court Act 2016.

(1)

Every question of fact arising in any proceeding under section 124N or 124O must (in accordance with, but without limiting, section 85) be decided on the balance of probabilities.

(2)

Subsection (1)

(a)

does not affect the application to the proceeding of section 12A of the Family Court Act 1980 (which applies under section 12A(3)(da) of that Act, and under which the court hearing the proceeding may receive any evidence, whether or not admissible under the Evidence Act 2006, that the court considers may assist it to determine the proceeding); and

(b)

applies despite any contrary law (for example, every enactment or other law in the decision in Mark v Police [2013] NZHC 1041).

68 Section 124O amended (Issue of warrant to arrest person who contravenes Police safety order or fails to attend adjourned proceedings)

Replace section 124O(1) with:

(1)

Subsection (2) applies if

(a)

the bound person refuses or fails to comply with a Police safety order, or any condition of the order; or

(b)

the District Court is satisfied that the bound person has refused or failed to comply with a Police safety order, and the bound person does not attend personally at the time and place to which proceedings have been adjourned under section 124N(1)(c)(i).

New Part 6B inserted

69 New Part 6B inserted

After Part 6A, insert:

Part 6B Information requests, use, and disclosure, and service delivery codes of practice

Purpose and interpretation

124T Purpose of this Part

The purpose of this Part is to

(a)

enable family violence agencies and social services practitioners to request, use, or disclose personal information for purposes related to family violence; and

(b)

require family violence agencies and social services practitioners, in certain circumstances, to consider disclosing personal information for those purposes; and

(c)

provide for codes of practice to guide the delivery of services provided, to stop or prevent family violence, to victims or perpetrators of family violence.

124U Interpretation

In this Part, unless the context otherwise requires,

DHB means an organisation established as a DHB (that is to say, as a district health board) by or under section 19 of the New Zealand Public Health and Disability Act 2000

family violence agency means any of the following:

(a)

a specified government agency (as defined in this section):

(b)

any non-governmental organisation that is funded wholly or in part by government, and that exercises powers, performs functions, or provides services, for 1 or both of the following purposes:

(i)

to protect, or otherwise help, victims of family violence:

(ii)

to help people to stop their inflicting of family violence:

(c)

any school board:

(d)

any licensed early childhood service

family violence risk or need assessment means an assessment of risk, or of need, arising from family violence

held includes deemed for the purposes of the Official Information Act 1982 to be held (see, for example, section 2(4) and (5) of that Act)

licensed early childhood service has the same meaning as in section 309 of the Education Act 1989

perpetrator, of family violence, means either of the following:

(a)

a person who has inflicted, or may have inflicted, family violence (even if no offence involving the violence was, is, or is to be, admitted or prosecuted):

(b)

a person who is inflicting, or may be inflicting, family violence (even if no offence involving the violence is, or is to be, admitted or prosecuted)

personal information has the same meaning as in section 2 of the Privacy Act 1993

school board means a board or body that is, or 1 or more managers who are,

(a)

a board as defined in section 60, and for the purposes of Part 7 (control and management of State schools), of the Education Act 1989; or

(b)

a sponsor of a partnership school kura hourua (as those terms are defined in section 2 of that Act); or

(c)

the manager or managers of a private school that is registered under section 35A of that Act

social services practitioner means an individual who is providing education, health, or other social services as all or any of the following:

(a)

a holder of a teacher’s practising certificate, or a limited authority to teach, under the Education Act 1989:

(b)

a person who is, or is deemed to be, registered with an authority as a practitioner of a particular health profession under the Health Practitioners Competence Assurance Act 2003:

(c)

a registered social worker (as defined in section 4 of the Social Workers Registration Act 2003)

specified government agency means any of the following:

(a)

Accident Compensation Corporation:

(b)

Department of Corrections:

(c)

Ministry of Education:

(d)

Ministry of Health:

(e)

any DHB:

(f)

Housing New Zealand Corporation:

(g)

every registered community housing provider (as defined in section 2(1) of the Housing Restructuring and Tenancy Matters Act 1992):

(h)

the part of the Ministry of Business, Innovation, and Employment referred to as Immigration New Zealand:

(i)

Ministry of Justice:

(j)

New Zealand Police:

(ja)

Ministry for Vulnerable Children, Oranga Tamariki:

(k)

Ministry of Social Development:

(l)

any government agency established in substitution for, or set up to take over any relevant function of, the departments and agencies listed in paragraphs (a) to (k)

victim, of family violence, means a person who

(a)

has experienced, is experiencing, or may experience, family violence; or

(b)

is, has been, or may be, affected by family violence.

Information requests, use, and disclosure

124V Agencies and practitioners may request, use, and disclose information

(1)

A family violence agency or social services practitioner may request personal information about a victim or perpetrator of family violence from any, or from another, family violence agency or social services practitioner, to use or disclose for all or any of the following purposes:

(a)

to make, or contribute to, a family violence risk or need assessment:

(b)

to make, or contribute to the making or carrying out of, a decision or plan that is related to, or that arises from or responds to, family violence:

(c)

to help ensure that a victim is protected from family violence.

(2)

The rest of this section applies to a family violence agency that, or social services practitioner who, holds personal information about a victim or perpetrator of family violence (the holder agency or practitioner).

(3)

The holder agency or practitioner may use the personal information for all or any of the purposes in subsection (1)(a) to (c).

(4)

The holder agency or practitioner may disclose the personal information to any, or to another, family violence agency or social services practitioner (the recipient agency or practitioner)

(a)

if the holder agency or practitioner believes on reasonable grounds that the disclosure will or may help the recipient agency or practitioner to use the personal information for all or any of the purposes specified in subsection (1)(a) to (c); and

(b)

after, or without, receiving from the recipient agency or practitioner a request to disclose personal information to the recipient agency or practitioner for use for all or any of those purposes.

(5)

In making a decision whether or not to disclose information under this section (which authorises, but does not require, a decision that information be made available), the holder agency or practitioner must have regard to the principle that helping to ensure that a victim is protected from family violence should usually take precedence over both

(a)

any applicable confidentiality of the information; and

(b)

any applicable limit under information privacy principle 11 in section 6 of the Privacy Act 1993 on disclosure of the information.

(6)

When requesting, using, or disclosing information under this section, an agency or practitioner must comply with any applicable code issued under section 124Y.

124VA Relationship with other enactments

(1)

Section 124V does not affect or limit court information being able to be accessed by, disclosed to, or shared with, a family violence agency or social services practitioner only as authorised by or under

(a)

section 236 or 237 of the District Court Act 2016; or

(b)

section 173 or 174 of the Senior Courts Act 2016; or

(c)

regulations made under section 127(c) of this Act; or

(d)

any other enactment.

(2)

Section 124V does not affect or limit any collection, use, or disclosure of the information authorised or required by or under the Privacy Act 1993 or any other enactment.

(3)

Disclosure under section 124V does not limit the right, under a privilege or right referred to in section 53(5), 54, 56, 57, 58, 59, 60, or 68 of the Evidence Act 2006, to refuse to disclose any communication or information sought by a requirement to provide information.

124W Duty to consider information disclosure

(1)

This section applies to a family violence agency that, or social services practitioner who, holds personal information about a victim or perpetrator of family violence (the holder agency or practitioner).

(2)

The holder agency or practitioner must consider disclosing that information under section 124V to any, or to another, family violence agency or social services practitioner (the recipient agency or practitioner) if the holder agency or practitioner

(a)

believes on reasonable grounds that disclosure to the recipient agency or practitioner will or may help ensure that a victim is protected from family violence; or

(b)

receives from the recipient agency or practitioner a request to disclose personal information of that kind or description to the recipient agency or practitioner for use for all or any of the purposes specified in section 124V(1)(a) to (c).

124X Protection of agency or practitioner disclosing information under section 124V

(1)

This section applies to the disclosure by an agency or a practitioner, and in any manner, of information under section 124V.

(2)

No civil, criminal, or disciplinary proceedings lie against the agency or practitioner in respect of that disclosure, or the manner of that disclosure, by the agency or practitioner of that information.

(3)

However, subsection (2) does not apply if that information was disclosed in bad faith.

Compare: 1989 No 24 s 16; 1996 No 9 s 17; 2009 No 35 s 44

Service delivery codes of practice

124Y Codes of practice: service delivery

(1)

The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister of Justice, issue codes of practice to guide delivery of services provided

(a)

to victims or perpetrators of family violence, or both; and

(b)

to stop or prevent family violence.

(2)

A code of practice may contain provisions on all or any of the following:

(a)

assessment and management of risk related to family violence:

(b)

workforce competencies:

(c)

information requests, use, and disclosure under this Part:

(d)

outcomes of assessments, programmes, or prescribed services.

(3)

Subsection (2) does not limit subsection (1).

(4)

A code of practice must not be inconsistent with this Act, public register codes of practice issued under Part 6, or regulations or rules of court made under or for the purposes of this Act.

(4A)

The Minister may recommend the issuing, amendment, replacement, or revocation of code of practice provisions on information requests, use, or disclosure only after the Minister has consulted on the matter the Privacy Commissioner.

(5)

In this section, delivery of services includes the delivery of services for the purposes of, or incidental to, the exercise of a power conferred by or under this Act.

Miscellaneous provisions (Part 7)

69A Section 126 amended (Rules of court)

(1)

In section 126(1)(a), before this Act, insert Part 6A (Police safety orders) of.

(2)

In section 126(1)(b), before this Act, insert Part 6A of.

(3)

In section 126(2)(h), replace the Secretary with a Registrar.

70 Section 127 amended (Regulations)

(1AA)

In section 127, after by Order in Council, insert made on the recommendation of the Minister of Justice.

(1)

Replace section 127(a) and (b) with:

(aaa)

specifying types of non-standard services (for the purposes of the definition in section 2 of prescribed non-standard service), types of standard services (for the purposes of the definition in section 2 of prescribed standard service), or both:

(a)

prescribing for the purposes of all or any of sections 12B, 51B, and 124HB,

(i)

the process to be followed by a person or an organisation seeking an approval by way of an application (see section 12B(2)(a), 51B(2)(a), or 124HB(2)(a)), the process to be followed for an own-motion approval (see section 12B(2)(b), 51B(2)(b), or 124HB(2)(b)), or both; and

(ii)

the criteria that the Minister of Justice or (as the case requires) the Secretary must apply when deciding whether to grant, amend, suspend, or cancel an approval (for example, criteria for when a person or an organisation may under section 51B(4) be granted or hold both an approval to undertake assessments for, and an approval to provide, prescribed services):

(b)

prescribing the amount of fees and expenses, or a method for calculating the amount of fees and expenses, payable for all or any of the following:

(i)

the provision by assessors of assessments under Part 2A:

(ii)

the provision by service providers of programmes, prescribed services, or both under Part 2A:

(c)

authorising disclosure to, or sharing with, an assessor or a service provider (as those terms are defined in section 51A)

(i)

of court information subject to section 236 or 237 of the District Court Act 2016 or section 173 or 174 the Senior Courts Act 2016; and

(ii)

for the purposes of all or stated provisions of this Act; and

(iii)

by the court concerned or under its authority or direction:

(1A)

In section 127(g), replace section 51O or 51P with section 51U or 51V.

(2)

After section 127(g), insert:

(ga)

prescribing the amount of fees and expenses, or a method for calculating the amount of fees and expenses, payable for the provision by assessors of assessments under section 124HA:

70A New section 127A inserted (Consultation required for some regulations under section 127)

After section 127, insert:

127A Consultation required for some regulations under section 127

Before recommending regulations be made under section 127(a) or (c), the Minister of Justice must first consult,

(a)

so far as the regulations relate to section 12B or 51B, the Principal Family Court Judge:

(b)

so far as the regulations relate to section 124HB, the Chief District Court Judge:

(c)

so far as the regulations relate to court information subject to section 236 or 237 of the District Court Act 2016, the Chief District Court Judge:

(d)

so far as the regulations relate to court information subject to section 173 or 174 of the Senior Courts Act 2016, the Chief Justice.

Schedules and updating or consequential amendments

71 New Schedule 1 inserted

Insert the Schedule 1 set out in Schedule 1 of this Act as the first schedule to appear after the last section of the principal Act.

71A Amendments to update expression

In the following provisions, replace pursuant to with under in each place:

(1)

section 2, definition of applicant, paragraph (b):

(2)

section 2, definition of associated respondent:

(3)

section 2, definition of dwellinghouse, paragraph (a):

(4)

section 2, definition of protected person, paragraph (c):

(5)

section 2, definition of registered foreign protection order:

(6)

section 2, definition of special condition:

(7)

section 2, definition of specified person:

(8)

section 2, definition of tenant, paragraph (b):

(9)

section 13(4)(b), (c), and (d), (5), and (5)(b), (c), and (d):

(10)

section 17(3) and (4):

(11)

section 21(4) and (5):

(12)

section 22(1)(b):

(13)

section 23(5) and (6)(a) and (b):

(14)

section 24(1)(b), (2), (2)(b), and (3):

(15)

section 25(1), (1)(a)(i), (b), and (c), (1)(d)(i), and (2):

(16)

section 26(2)(a) and (b):

(17)

section 45(1)(b) and (c) and (2):

(18)

section 46(3)(a) and (b):

(19)

section 47(2)(a) and (b), (3), and (4)(a) and (b):

(20)

section 55(1)(a) and (b):

(21)

section 58(3)(b)(i) and (ii):

(22)

section 60(2A) and (5)(b) and (c):

(23)

section 65(1)(a) and (c):

(24)

section 69(1)(a) and (c):

(25)

section 70(2A) and (6)(b) and (c):

(26)

section 74(2):

(27)

section 77(1A), (2), (3), and (4):

(28)

section 78(4):

(29)

section 79(2) and (3)(a):

(30)

section 80(1), (2), (3), and (5):

(31)

section 80A(1):

(32)

section 82(3)(b)(iii):

(33)

section 83(1)(d) and (e) and (4):

(34)

section 90(3):

(35)

section 98 and 98(b):

(36)

section 99:

(37)

section 100(1):

(38)

section 101(2)(a):

(39)

section 102:

(40)

section 110(2)(b):

(41)

section 111:

(42)

section 114(1), (2)(d)(ii), (2), (3)(b)(ii), and (5):

(43)

section 118(1), (2), (3), and (4):

(44)

section 119:

(45)

section 120:

(46)

section 121(2):

(47)

section 122(2)(a).

72 Other enactments amended consequentially

(1)

Amend the Acts listed in Part 1 of Schedule 2 as indicated in that Part.

(2)

Amend the legislative instruments listed in Part 2 of Schedule 2 as indicated in that Part.

Part 1 Preliminary provisions

3 Purpose of this Act
Purpose

(1)

The purpose of this Act is to stop and prevent family violence by

(a)

recognising that family violence, in all its forms, is unacceptable; and

(b)

stopping and preventing perpetrators from inflicting family violence; and

(c)

keeping victims, including children, safe from family violence.

Duty to be guided by purpose

(2)

A court that, or a person who, exercises a power conferred by or under this Act must be guided in the exercise of the power by that purpose.

Examples of duty

(3)

For example, a family violence agency or social services practitioner exercising a power conferred by or under Part 2 (information sharing) must be guided in the exercise of the power by that purpose.

(4)

For example, the District Court exercising a power conferred by or under Part 3 (Police safety orders) must be guided in the exercise of the power by that purpose.

4 Principles

The following principles are to guide the achievement of the purpose of this Act:

(a)

family violence, in all its forms, is unacceptable:

(b)

decision makers should, whenever appropriate, recognise that family violence is often behaviour that appears to be minor or trivial when viewed in isolation, but forms part of a pattern of behaviour that causes cumulative harm:

(c)

decision makers should, whenever appropriate, recognise that family violence often is or includes coercive or controlling behaviour:

(d)

decision makers should, whenever appropriate, recognise that children are particularly vulnerable to family violence, including seeing or hearing violence against others:

(e)

decision makers should, whenever appropriate, recognise that children are at particular risk of lasting harm to their current and future well-being:

(f)

decision makers should, whenever appropriate, recognise that other factors (for example, all or any of disability, health condition, and old age) may mean that people are particularly vulnerable to family violence:

(g)

decision makers should, whenever appropriate, recognise that early intervention helps to stop and prevent family violence:

(h)

perpetrators of family violence should face effective responses to, and sanctions for, family violence:

(i)

perpetrators of family violence should have access to, and in some cases be required to engage with, services to help them stop and prevent their family violence:

(j)

victims of family violence should have access to services to help secure their safety from family violence:

(k)

arrangements that support the ongoing safety and well-being of a victim of family violence should whenever practicable be sustained (for example, employment, education, housing, or community involvement):

(l)

responses to family violence should be culturally appropriate and, in particular, responses involving Māori should reflect tikanga Māori (Māori customary values and practices):

(m)

decision makers should consider the views of victims of family violence, and respect those views unless a good reason exists in the particular circumstances for not doing so (for example, because doing so would or may compromise victims’ safety):

(n)

decision makers should collaborate, whenever appropriate, to identify, stop, prevent, and otherwise respond to family violence:

(o)

access to the court should be as speedy, inexpensive, and simple as is consistent with justice.

5 Guide to this Act

(1)

Part 1 is about preliminary provisions and contains the purpose of this Act, principles to guide the achievement of that purpose, definitions, and other preliminary provisions.

(2)

Part 2 is about information sharing and contains provisions enabling information sharing, by and with stated people, for purposes related to family violence (see section 18).

(3)

Part 3 is about Police safety orders and contains provisions on the issuing, serving, duration, effect, and contravention of Police safety orders (see section 26).

(4)

Part 4 is about protection orders and contains provisions on applications for, and the scope, conditions, duration, variation, discharge, and enforcement of, protection orders (see section 59).

(5)

Part 5 is about property orders and contains provisions on applications for, and the effect, conditions, duration, variation, discharge, and enforcement of, property orders (see section 114).

(6)

Part 6 is about procedure and contains provisions on temporary orders, general procedural matters, and appeals (see section 146).

(7)

Part 7 is about programmes and prescribed services and contains provisions on safety programmes for protected people, mandatory non-violence programmes and discretionary prescribed services for respondents, and enforcement and powers when a matter is referred back to the court (see section 183).

(8)

Part 8 is about overseas protection orders and contains provisions on enforcement of New Zealand protection orders overseas and enforcement in New Zealand of foreign protection orders (see section 215).

(9)

Part 9 is about public registers not publishing identifying information relating to a protected person (see section 229).

(10)

Part 10 contains other provisions (for example, about regulations, rules, and codes of practice) (see section 248).

6 Guide to related sentencing provisions

(1)

Sections 123A to 123H (protection orders) of the Sentencing Act 2002 apply if

(a)

an offender is convicted of a family violence offence (as defined in section 123A of that Act); and

(b)

no protection order made under this Act is in force against the offender for the protection of the victim of the offence.

(2)

Those related sentencing provisions enable the court, as well as imposing a sentence or making any other order, to make a protection order against the offender if

(a)

the court 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.

7 Status of guides

Guides in this Act to provisions are only a guide to the general scheme and effect of those provisions.

8 Interpretation

In this Act, unless the context otherwise requires,

abuse means abuse within the meaning of section 10

ancillary furniture order means an order, or a temporary order, made under section 128

applicant means

(a)

a person who applies for an order under this Act on their own behalf:

(b)

the person on whose behalf an application for an order is made under section 62, 67, 69, 140(2)(a) or (3)(b), or 143

application without notice means an application made without notice to the person or people against whom the application is made

approved organisation means an organisation approved under