Domestic Violence Rules 1996

Reprint as at 1 September 2015

Coat of Arms of New Zealand

Domestic Violence Rules 1996

(SR 1996/148)

Michael Hardie Boys, Governor-General

Order in Council

At Wellington this 10th day of June 1996

Present:
His Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These rules are administered by the Ministry of Justice.

Pursuant to section 126 of the Domestic Violence Act 1995, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following rules.

Contents

1Title and commencement
2Application
3Interpretation
4Construction
5Procedure and practice
6Cases not provided for
7Certain provisions of District Courts Rules not to apply
8Non-compliance with rules
9Forms
10Shape, etc, of forms and documents filed
11Notices
12Headings
13Applications to be on notice
14Applications without notice
15Form of applications for protection and property orders
16Form of other applications on notice
17Form of other applications without notice
18Form of application to vary protection order with respect to standard condition relating to weapons
19Multiple applications
20Information sheet
21Affidavits to accompany applications for protection or property orders
22Applicant for protection order may request that residential address be kept confidential
23Information about weapons
24Other documents in support of applications
25Documents relating to earlier proceedings
26Certificate of lawyer to be included in applications without notice
27Proper court for filing applications
28Proceedings commenced in wrong court
29Procedure on filing applications
30Procedure for applications on notice for protection orders or property orders
31Notice of defence where application on notice
31ANon-compliance with rule 31
32Notice of intention to appear in relation to temporary protection order or temporary property order
33Temporary property orders made on application without notice
33AInformation about respondent available from criminal court
34Registrar to issue order when temporary order becomes final or is confirmed
35Appointment of representative of minor under age of 17
36Appointment of representative of persons lacking capacity
37Responsibility of guardian ad litem for costs
38Recovery of costs by representative
39Effect of service on person incapable of defending proceedings in own name
40Retirement, removal, or death of representative
41Effect of minor attaining age of 17 years
42Effect of ceasing to be incapacitated or unable to take proceedings
43Service generally
44Address for service
45Residential address not required
46Modes of service
47Service by means of post office box, document exchange, or facsimile transmission
48Giving of notices, etc
49Cases not provided for
50Personal service
51Who may undertake personal service
52Personal service of applications on notice
53Personal service of orders
54Extension of period for service
55Personal service on child
56Personal service on persons lacking capacity
57Personal service on person to whom section 12 relates
58Lawyer accepting service
59Substituted service
60Proof of service
61Copies of orders to be sent to Police
62Information on service of certain orders to be communicated to Police
63Copy of order issued under rule 34 to be sent to Police
64General procedure
65Interlocutory applications without notice
66Enlargement or abridgement of time
67Amendment before service
68Amending proceedings
69Amendment of application or notice of defence
70Clerical mistakes and slips
71Power of Judge to call conference
72Orders and directions
73Non-compliance with order
74Order for production of documents
75Powers of Judge or Registrar not suspended by examination of witnesses out of court
76Taking evidence outside New Zealand
77Summons to attend before court
78Transfer of proceedings
79Transfer of hearing
80Transfer with or without application
81Procedure on transfer of proceedings
82Procedure on transfer of hearing
83Notice of objection to direction to undertake assessment and attend non-violence programme
84How notice of objection to be dealt with
85Notice of result of objection
86Request by provider for variation of programme [Revoked]
87Decision of court under section 51Q
88Witness summons calling respondent or associated respondent before court
89Enforcement of occupation and tenancy orders
90Enforcement of ancillary furniture orders and furniture orders
91Registration of foreign protection orders
92Notice of registration of foreign protection orders
93Notice to be given to foreign court or authority
94Records
95Searches
96Information about proceedings available to criminal court
97Court and chambers
98Powers of Registrar
99Witness entitled to expenses
100Revocation
101Transitional provisions
Gazette Information
Reprint notes

Rules

Part 1 Preliminary provisions

1 Title and commencement

(1)

These rules may be cited as the Domestic Violence Rules 1996.

(2)

These rules shall come into force on 1 July 1996.

2 Application

(1)

Subject to subclauses (2) and (3), and unless the context otherwise requires, these rules apply to all proceedings under the Domestic Violence Act 1995.

(2)

These rules do not apply to—

(a)

criminal proceedings; or

(aa)

proceedings under the Act to which the Family Courts Rules 2002 apply, namely—

(i)

proceedings in a Family Court; and

(ii)

proceedings in a District Court acting under section 15 of the Family Courts Act 1980; or

(b)

proceedings that are transferred to the High Court under section 14 of the Family Courts Act 1980.

(3)

If in any proceedings any question arises as to the application of any provision of these rules, the court may, either on the application of any party or of its own motion, determine that question and give such directions as it considers appropriate.

Compare: SR 1983/31 r 2

Rule 2(2)(aa): inserted, on 21 October 2002, by rule 3 of the Domestic Violence Amendment Rules (No 2) 2002 (SR 2002/260).

3 Interpretation

(1)

In these rules, unless the context otherwise requires,—

the Act means the Domestic Violence Act 1995

address for service, in relation to any party, means the address of a place in New Zealand at which any document may be left for, or sent to, that party in accordance with these rules

associated respondent includes a person against whom a direction pursuant to section 17 of the Act is sought

District Courts Rules means the District Courts Rules 1992 (SR 1992/109)

Family Proceedings Records means records kept in accordance with rule 7(1)(a) of the Family Proceedings Rules 1981 (SR 1981/261)

form DV 4A means the form so numbered in Schedule 5 of the Family Courts Rules 2002

information sheet means an information sheet in form FP 7

interlocutory application means an application to which rule 64 applies

nearest, in relation to any court, means the court whose place of sitting is nearest by the most practicable route

objector, in relation to a direction to undertake an assessment and attend a non-violence programme, means a person who notifies the court under section 51E(2)(b) of the Act that he or she objects to the direction

party, in relation to any proceedings, includes an associated respondent

prescribed form means a form set out in Schedule 1

property order means—

(a)

an occupation order:

(b)

a tenancy order:

(c)

an ancillary furniture order:

(d)

a furniture order,—

whether a temporary order or a final order

Registrar means the Registrar of a court; and includes a Deputy Registrar of a court

represented person means a person in relation to whom a representative has been appointed pursuant to the Act or these rules

working day means any day of the week other than—

(a)

Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and Waitangi Day; and

(b)

a day in the period commencing with 25 December in any year and ending with 2 January in the following year.

(2)

In these rules, unless the context otherwise requires,—

(a)

a reference to a Part or rule or schedule is a reference to a Part or rule of, or a schedule of, these rules:

(b)

a reference in a rule to a subclause is a reference to a subclause of that rule:

(c)

a reference in a rule to a paragraph is a reference to a paragraph of that rule:

(d)

a reference to a numbered form (other than to form DV 4A) is a reference to the form so numbered in Schedule 1.

(3)

Where any expression used in these rules is not defined in these rules but is defined in the Act, then unless the context otherwise requires, that expression has, in these rules, the meaning given to it in the Act.

Compare: SR 1983/31 r 3

Rule 3(1) form DV 4A: inserted, on 1 October 2014, by rule 4(2) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Rule 3(1) form FP 7: revoked, on 1 October 2014, by rule 4(1) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Rule 3(1) objector: replaced, on 1 October 2014, by rule 4(3) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Rule 3(2)(d): amended, on 1 October 2014, by rule 4(4) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

4 Construction

These rules must be so construed as—

(a)

to ensure that the object of the Act (as set out in section 5 of the Act) is attained; and

(b)

to secure the just, speedy, simple, and inexpensive determination of any proceedings.

Compare: SR 1983/31 r 4

5 Procedure and practice

(1)

No practice that is inconsistent with these rules may prevail in any court.

(2)

Every Judge may from time to time give such directions, not inconsistent with any enactment or these rules, as the Judge thinks proper for regulating the business of the court over which he or she presides.

Compare: SR 1983/31 r 5(1), (6)

6 Cases not provided for

(1)

Subject to subclauses (2) and (3) and to rule 7, if any case arises for which no form of procedure is prescribed by the Act or these rules,—

(a)

the District Courts Rules apply, so far as they are applicable and with any necessary modifications; and

(b)

the general practice of District Courts applies.

(2)

Notwithstanding subclause (1), a court must dispose of any case to which that subclause applies in such manner and subject to such modifications as the court thinks best calculated—

(a)

to ensure that the object of the Act (as set out in section 5 of the Act) is attained; and

(b)

to promote the ends of justice.

(3)

Where a court is satisfied, in the circumstances of any particular case,—

(a)

that the provisions of the Act, of these rules, or of the District Courts Rules, or the practice of the court, do not make adequate provision for procedure or practice; or

(b)

that difficulties arise or doubts exist as to the appropriate procedure or practice,—

the court may give such directions with respect to the procedure and practice to be followed in the case as the court considers necessary—

(c)

to ensure that the object of the Act (as set out in section 5 of the Act) is attained; and

(d)

to promote the ends of justice.

Compare: SR 1983/31 r 5(2), (3), (5)

7 Certain provisions of District Courts Rules not to apply

Those provisions of the District Courts Rules that are set out in Schedule 2 do not apply to proceedings under the Act.

Compare: SR 1983/31 r 5(4)

8 Non-compliance with rules

Non-compliance with any of these rules does not render void the proceedings in which the non-compliance has occurred, but the court may, of its own motion or on application made with respect to the non-compliance,—

(a)

set aside, either in whole or in part, those proceedings or any step taken in those proceedings; or

(b)

allow the proceedings to be amended; or

(c)

deal with the proceedings in such other manner or on such terms as the court considers appropriate.

Compare: SR 1983/31 r 6

Part 2 Proceedings generally

General provisions

9 Forms

(1)

The forms to be used in proceedings under the Act are those set out in Schedule 1.

(2)

Any prescribed form may be varied where the circumstances of a particular case require.

(3)

Without limiting the generality of subclause (2),—

(a)

where a prescribed form contains or specifies material that is inapplicable in the circumstances of a particular case, that material may be deleted or omitted from the completed form:

(b)

where a prescribed form contains explanatory material intended only for the information of a particular person, that material need not be included on any copy of the form that is required to be served on or given to any other person to whom that material is not relevant.

(4)

Strict compliance with prescribed forms is not necessary, and substantial compliance, or such compliance as the particular circumstances of the case allow, is sufficient.

(5)

Where there is no prescribed form, the parties or the court may devise an appropriate form, using as guides the forms prescribed by these rules and the District Courts Rules.

Compare: SR 1983/31 r 9(1)–(4)

10 Shape, etc, of forms and documents filed

(1)

Each sheet of paper used for any form or document to be filed must be of International size A4.

(2)

In the case of each prescribed form that is an application,—

(a)

a margin of at least 40 mm must be left at the top of each page; and

(b)

a margin of at least 70 mm must be left on the right-hand side of each page.

(3)

Each sheet of paper on which the contents of a document are recorded may have those contents recorded only on one side.

(4)

The contents of each document must be—

(a)

legible; and

(b)

typewritten, printed, handwritten, or produced in permanent form by photocopying.

Compare: SR 1983/31 r 9(5)–(7); SR 1992/109 rr 22–24, 26

11 Notices

All notices required to be given or served by the Act or by these rules must be in writing unless—

(a)

the Act or these rules otherwise provide; or

(b)

the court in a particular case otherwise directs.

Compare: SR 1983/31 r 10

12 Headings

(1)

Unless any prescribed form otherwise requires, every application, notice, order, summons, or warrant must have, on the first page, a general heading (which may be in form DV 1) that shows,—

(a)

the office of the court in which the application or other matter is proceeding; and

(b)

the distinguishing number of the application or other matter; and

(c)

subject to subclause (2) and to rules 22 and 45, the full name, address, and occupation of each party, so far as they are known to the party presenting the document for filing.

(2)

Unless any prescribed form otherwise requires, and subject to rules 22 and 45, all other documents that are filed, issued, or served in proceedings under the Act must have on the first page a general heading that complies with subclause (1), except that, where it is not necessary to distinguish between 2 or more persons,—

(a)

given names may be indicated by initials only:

(b)

addresses and occupations may be omitted.

Compare: SR 1983/31 r 11

Applications

13 Applications to be on notice

(1)

Subject to sections 13, 60, and 70 of the Act and to rules 14, 59, and 64(1), every person against whom an application is made must be given notice of the application.

(2)

Nothing in subclause (1) prevents a person who makes an application on notice from applying for an abridgement of time in accordance with rule 66.

14 Applications without notice

(1)

Subject to the Act and to subclauses (2) and (3), an application may be made without notice to the persons against whom the application is made if—

(a)

the application is made under a provision of the Act or of these rules that provides that the application may be made without notice; or

(b)

the court is satisfied that the delay that would be caused by proceeding on notice would or might entail a risk of harm or undue hardship to the applicant or any child of the applicant’s family, or both; or

(c)

the court is satisfied that the application affects only the party applying, or is in respect of a routine matter, or is of so unimportant a nature that the interest of any other party cannot be affected by it.

(2)

The following applications made in relation to a protection order must be made on notice, if the application is made by the respondent or an associated respondent:

(a)

an application under section 22(2) or section 22(3) of the Act (which relate to the imposition, discharge, and modification of the standard condition relating to weapons):

(b)

an application under section 46(1) or (2) of the Act (which relate to the variation of a protection order):

(c)

an application under section 47(1) or section 47(4) of the Act (which relate to the discharge of a protection order).

(3)

The following applications made in relation to a property order must be made on notice, if the application is made by the respondent:

(a)

in the case of an occupation order, an application under section 55 of the Act (which relates to variation and discharge):

(b)

in the case of a tenancy order, an application under section 59 of the Act (which relates to discharge):

(c)

in the case of an ancillary furniture order, an application under section 65 of the Act (which relates to variation and discharge):

(d)

in the case of a furniture order, an application under section 69 of the Act (which relates to variation and discharge).

(4)

Nothing in subclause (2) or subclause (3) prevents a respondent or associated respondent from applying for an abridgement of time in accordance with rule 66.

(5)

Nothing in subclause (2) or subclause (3) limits rule 59.

Compare: SR 1983/31 r 37

Rule 14(2)(b): replaced, on 1 October 2014, by rule 5 of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

15 Form of applications for protection and property orders

(1)

An application (whether on notice or without notice) for any of the following orders, or for any 2 or more of those orders, must be in form DV 2:

(a)

a protection order:

(b)

an occupation order:

(c)

a tenancy order:

(d)

an ancillary furniture order:

(e)

a furniture order.

(2)

Every application to which this rule applies must be filed together with such number of copies of the application and the information sheet as the Register directs as being required for service.

Compare: SR 1983/31 r 12(1)–(2)

16 Form of other applications on notice

(1)

Except as otherwise provided in these rules, an application on notice (other than an application to which rule 15 applies),—

(a)

must be in form DV 7; and

(b)

must be filed together with such number of copies of the application as the Registrar directs as being required for service.

(2)

Every such application must,—

(a)

state the order or orders applied for; and

(b)

either—

(i)

contain sufficient particulars to show the grounds on which the applicant claims to be entitled to the order or orders, and sufficient information to inform the court of the facts relied on in support of the application; or

(ii)

be accompanied by an affidavit that contains sufficient particulars to show the grounds on which the applicant claims to be entitled to the order or orders, and sufficient information to inform the court of the facts relied on in support of the application; and

(c)

where applicable, state the names and addresses of the other party or persons intended to be served; and

(d)

state the applicant’s address for service.

Compare: SR 1983/31 r 12(3)–(6)

17 Form of other applications without notice

(1)

Except as otherwise provided in these rules, an application without notice (other than an application to which rule 15 applies) must be in form DV 8.

(2)

Every such application must,—

(a)

state the order or orders applied for; and

(b)

either—

(i)

contain sufficient particulars to show the grounds on which the applicant claims to be entitled to the order or orders, and sufficient information to inform the court of the facts relied on in support of the application; or

(ii)

be accompanied by an affidavit that contains sufficient particulars to show the grounds on which the applicant claims to be entitled to the order or orders, and sufficient information to inform the court of the facts relied on in support of the application; and

(c)

where applicable, state the names and addresses of the other party or persons intended to be served; and

(d)

state the applicant’s address for service.

Compare: SR 1983/31 r 12(4), (6)

18 Form of application to vary protection order with respect to standard condition relating to weapons

An application under section 22(2) or section 22(3) of the Act (which relate to the standard condition relating to weapons) must be in form DV 9.

19 Multiple applications

(1)

Without limiting rule 15, multiple applications for orders (other than any order to which rule 15 applies) may be made in a single document.

(2)

Where multiple applications are made in a single document,—

(a)

1 signature by the applicant is sufficient for all the applications in that document:

(b)

1 general heading on the first page is sufficient, if a general heading is required:

(c)

each separate application must be clearly identified in the document by an appropriate heading:

(d)

any explanatory notes that are part of any applicable prescribed form may be combined and amended if necessary to avoid duplication.

Compare: SR 1981/261 r 14

Documents to accompany applications

20 Information sheet

(1)

Subject to rules 22 and 45, a duly completed information sheet must be filed with every application to which rule 15 applies.

(2)

Where the application is to be served, a copy of the information sheet must be served with the application.

Compare: SR 1983/31 r 14

21 Affidavits to accompany applications for protection or property orders

An affidavit in form DV 3, by or on behalf of the applicant, and deposing to the matters on which the application is based, must be filed with every application for a protection order or a property order, or both.

22 Applicant for protection order may request that residential address be kept confidential

(1)

Where an applicant for a protection order wants his or her residential address to be kept confidential from the respondent or associated respondent, the applicant must file with his or her application a notice in form DV 4

(a)

stating the applicant’s residential address; and

(b)

requesting that the address be kept confidential.

(2)

Where the applicant changes his or her address as shown on a notice filed in accordance with subclause (1), the applicant may, by notice in form DV 4, notify that change of address to the Registrar.

23 Information about weapons

A notice in form DV 5 must be filed with every application for a protection order.

24 Other documents in support of applications

Where any protection order or property order is to be used in support of an application, then, unless the Registrar otherwise directs, a copy of the order, or a copy of a copy of the order, must be filed with the application.

Compare: SR 1983/31 r 12(5)

Documents relating to earlier proceedings

25 Documents relating to earlier proceedings

(1)

This rule applies where—

(a)

the parties to an application (other than an interlocutory application) were the parties, or some of the parties, to any previous application—

(i)

under the Act or any corresponding previous enactment; or

(ii)

to which the Family Proceedings Rules 1981 apply; and

(b)

any such previous application was filed in a court other than that in which the latest application is filed.

(2)

Where this rule applies, the latest application must contain a statement showing—

(a)

the file number of each previous application of the kind referred to in subclause (1), if the file number is known, or if not known, any other information that the applicant considers may assist in identifying that file; and

(b)

the court in which each such previous application was filed, if known.

(3)

Any party to an application may request in writing the transfer to the court in which the latest application is filed of all documents relating to the previous application.

(4)

The Registrar may, and must on receipt of a request under subclause (3) or if directed to do so by a Judge, take all necessary steps to have the documents relating to the previous application transferred.

Compare: SR 1983/31 r 17

Certificate of lawyer

26 Certificate of lawyer to be included in applications without notice

(1)

Subject to subclause (4), every application without notice for a protection order or a property order, or both, and that is not intended to be made by the party applying in person, must include a certificate, signed by that party’s lawyer, and certifying—

(a)

that the lawyer has advised the applicant that every affidavit that accompanies the application must fully and frankly disclose all relevant circumstances, whether or not they are advantageous to the applicant and any other person for whose benefit the order is sought; and

(b)

that the lawyer has made reasonable enquiries of the applicant to establish whether the relevant circumstances have been disclosed, and to the best of the lawyer’s knowledge every affidavit that accompanies the application discloses all such circumstances; and

(c)

that the lawyer is satisfied—

(i)

that the application and every such affidavit comply with the requirements of the Act and these rules; and

(ii)

that the order sought is one that ought to be made.

(2)

A certificate given under subclause (1)—

(a)

must be signed by the lawyer personally and in his or her own name; and

(b)

may be given by a lawyer notwithstanding that the lawyer has taken an affidavit in support of the application or any other affidavit relevant to the application.

(3)

Every lawyer—

(a)

must, before giving a certificate in accordance with subclause (1), personally satisfy himself or herself—

(i)

that the application and every affidavit filed in support of it comply with the requirements of the Act and these rules; and

(ii)

that the order sought is one that ought to be made; and

(b)

is responsible to the court in respect of these matters.

(4)

Nothing in this rule applies to an application made, on behalf of any person, by a representative, where the application is intended to be made by the representative applying in person.

Compare: 1908 No 89 Schedule 2 r 237; SR 1991/132 r 13; SR 1992/109 r 260

Rule 26(1)(b): substituted, on 1 March 1997, by rule 2 of the Domestic Violence Amendment Rules 1997 (SR 1997/10).

Filing applications

27 Proper court for filing applications

(1)

Subject to subclause (3), an application must be filed,—

(a)

in the court nearest to the place where the applicant or one of the applicants resides; or

(b)

in the court nearest to the place specified by the applicant or one of the applicants as his or her address for service; or

(c)

in the court nearest to the place where the respondent or any associated respondent resides; or

(d)

with the written consent of every respondent and every associated respondent, in any other court.

(2)

Written consent given pursuant to subclause (1)(d) must be filed with the application.

(3)

An interlocutory application must be filed in the court in which the proceedings were commenced, or to which they have been transferred in accordance with rule 78, or transferred for hearing in accordance with rule 79, as the case requires.

Compare: SR 1981/261 r 20; SR 1983/31 r 21

28 Proceedings commenced in wrong court

(1)

The Registrar may refuse to file any proceedings which, in the Registrar’s opinion, are tendered for filing in the wrong court.

(2)

If the Registrar so refuses, the applicant may apply to a Judge for a direction that the applicant is entitled to file the proceedings in that court.

(3)

Where proceedings are commenced in the wrong court, a Judge, on such terms and conditions as the Judge considers appropriate, may—

(a)

transfer the proceedings to the court in which they ought to have been commenced; or

(b)

order that the proceedings continue in the court in which they were commenced.

(4)

Subject to subclause (3), no objection may be taken at the hearing or at any subsequent proceedings on the ground that the proceedings were filed in the wrong court.

Compare: SR 1983/31 r 18

29 Procedure on filing applications

(1)

Where an application is filed, the Registrar must,—

(a)

enter the application in the records of the court; and

(b)

if a hearing is required, fix a date and time for the hearing of the application, which must be as soon as practicable; and

(c)

where applicable, inform the applicant of the date and time fixed for the hearing; and

(d)

subject to rule 30, where the application is on notice, issue a copy of the application for service on the other party.

(2)

Nothing in this rule limits any provision of the Act that requires that, unless there are special circumstances, the hearing date assigned must be no later than a specified period after an application is made.

Compare: SR 1983/31 r 15(2)–(3)

30 Procedure for applications on notice for protection orders or property orders

On the filing of an application on notice for a protection order or a property order, or both, the Registrar must issue, for service on the respondent and any associated respondent,—

(a)

a copy of the application; and

(b)

a notice to the respondent or associated respondent in form DV 10; and

(c)

a copy of the information sheet accompanying the application.

Compare: SR 1983/31 r 15(3)

Notices of defence and notices of intention to appear

31 Notice of defence where application on notice

(1)

Where an application is made on notice, any person who intends to defend the application may, at least 5 clear days before the date of the hearing, file in the court and serve on the applicant,—

(a)

a notice of defence in form DV 11; and

(b)

in the case of an application for a protection order or a property order, or both, an affidavit setting out sufficient particulars to indicate the grounds on which the defence is based, and sufficient information to inform the court of the facts relied on in support of the defence.

(2)

[Revoked]

(3)

[Revoked]

(4)

[Revoked]

Compare: SR 1983/31, r 19

Rule 31(2): revoked, on 3 August 2009, by rule 4 of the Domestic Violence Amendment Rules 2009 (SR 2009/189).

Rule 31(3): revoked, on 3 August 2009, by rule 4 of the Domestic Violence Amendment Rules 2009 (SR 2009/189).

Rule 31(4): revoked, on 3 August 2009, by rule 4 of the Domestic Violence Amendment Rules 2009 (SR 2009/189).

31A Non-compliance with rule 31

(1)

This rule applies to a person who—

(a)

is served with an application; and

(b)

fails to file and serve a notice of defence within the time specified in or under rule 31; and

(c)

in the case of an application for a protection order or a property order, fails to file an affidavit in accordance with rule 31(1)(b).

(2)

If the person appears on the day of the hearing of the application to oppose or support the application, the Judge must decide whether it is in the interests of justice to allow the person to be heard.

(3)

In deciding, for the purpose of subclause (2), whether to allow the person to be heard in relation to the application, the Judge must take into account the following matters:

(a)

any reason given by the person for failing to comply with rule 31; and

(b)

the effect of the person’s failure to comply with rule 31 on—

(i)

the other parties to the proceeding:

(ii)

the management of the proceeding.

(4)

The Judge may—

(a)

allow the person to be heard in relation to the application on such terms as the Judge thinks fit; or

(b)

decline to allow the person to be heard.

(5)

If the Judge allows the person to be heard in relation to the application, the Judge may—

(a)

either—

(i)

proceed with the hearing of the application in accordance with any directions that the Judge thinks fit; or

(ii)

adjourn the hearing of the application and give any directions about the adjourned hearing that the Judge thinks fit; and

(b)

make an order against the person for costs properly incurred in consequence of his or her failure to comply with rule 31.

(6)

An adjournment under subclause (5)(a)(ii) must be to a fixed—

(a)

date, which must be—

(i)

as soon as practicable; and

(ii)

not more than 42 days after the date of adjournment, unless special circumstances exist; and

(b)

time; and

(c)

place.

(7)

If the Judge declines to allow the person to be heard, the Judge may proceed with the hearing of the application as if the person had not appeared.

Rule 31A: inserted, on 3 August 2009, by rule 5 of the Domestic Violence Amendment Rules 2009 (SR 2009/189).

32 Notice of intention to appear in relation to temporary protection order or temporary property order

(1)

Where a temporary protection order or a temporary property order is made, any person (being the respondent or an associated respondent or any other person who is entitled to do so under section 79(3) of the Act) may, at any time before the day on which the order, in so far as it relates to that person, becomes final in accordance with section 77 of the Act, file in the court and serve on the other party a notice of intention to appear in form DV 12.

(2)

An affidavit setting out sufficient particulars to indicate the reasons for giving notice, and sufficient information to inform the court of the facts relied on, must be filed with the notice of intention to appear.

(3)

On the filing of a notice of intention to appear in accordance with subclause (1), the Registrar must—

(a)

assign a hearing date in accordance with section 76(3) of the Act; and

(b)

notify the parties accordingly.

(4)

Nothing in this rule limits section 60(4)(c) of the Act.

Compare: SR 1983/31 r 19

33 Temporary property orders made on application without notice

(1)

Where—

(a)

an occupation order or a tenancy order or a furniture order is made on an application without notice; and

(b)

the court at the same time makes a temporary protection order; and

(c)

a notice of intention to appear is filed in accordance with rule 32 in respect of both orders,—

the hearing date assigned under section 76 of the Act in respect of the temporary property order must be the same as the hearing date assigned under that section in respect of the temporary protection order.

(2)

Where—

(a)

an occupation order or a tenancy order is made on an application without notice while the applicant and respondent are living in the same dwellinghouse; and

(b)

the court does not at the same time make a temporary protection order; and

(c)

a notice of intention to appear is filed in accordance with rule 32 in respect of the occupation order or, as the case requires, the tenancy order before the order expires in accordance with section 60(4)(c) of the Act,—

the hearing date assigned under section 76 of the Act in respect of the order must be a date not later than the seventh day after the date of the making of the order.

Compare: SR 1983/31 r 20

Criminal information available to court

Heading: inserted, on 1 September 2015, by rule 4 of the Domestic Violence Amendment Rules 2015 (LI 2015/156).

33A Information about respondent available from criminal court

If a respondent to an application under the Act for a protection order is or has been involved in criminal proceedings, the Criminal Procedure (Transfer of Information) Regulations 2013 may apply.

Rule 33A: inserted, on 1 September 2015, by rule 4 of the Domestic Violence Amendment Rules 2015 (LI 2015/156).

Issue of order where temporary order becomes final or is confirmed

34 Registrar to issue order when temporary order becomes final or is confirmed

(1)

Subject to subclause (3), where a temporary order becomes final (in whole or in part) by operation of law in accordance with section 77(1) of the Act, the Registrar must, without delay, issue a final order in the appropriate prescribed form confirming that the temporary order has become final (in whole or in part) and setting out the terms and conditions of the final order.

(2)

Where, pursuant to section 80(1)(c) of the Act, the court confirms a temporary order (whether with or without variation), the Registrar must, without delay, issue a final order in the appropriate prescribed form setting out the terms and conditions of the order as confirmed (including the terms and conditions of the order to the extent that it has already become final).

(3)

Where, in relation to a property order that is a temporary order, the court is satisfied that—

(a)

notice has been given to any person having an interest in the property affected by the order; and

(b)

the person so notified has taken no steps in the proceedings; and

(c)

the order has become final (in whole or in part) by operation of law in accordance with section 77(1) of the Act,—

the court must direct the Registrar to issue, without delay, a final order in the appropriate prescribed form confirming that the order has become final (in whole or in part) and setting out the terms and conditions of the final order, and the Registrar must comply with that direction.

(4)

A Registrar may exercise the power of the court under subclause (3).

Part 3 Proceedings involving representatives

35 Appointment of representative of minor under age of 17

(1)

A next friend to a minor under the age of 17 years is deemed to have been duly appointed upon filing in the court—

(a)

an affidavit showing—

(i)

that he or she is not under disability; and

(ii)

that there is unlikely to be any conflict between his or her interests and the interests of the minor; and

(b)

an undertaking to be responsible for costs awarded against the minor.

(2)

The court or the Registrar may appoint any person—

(a)

who consents in writing; and

(b)

who is not under disability; and

(c)

whose interests are unlikely to conflict with the interests of the minor

to be guardian ad litem of the minor under the age of 17 years for the purposes of taking proceedings under the Act on behalf of that minor.

(3)

An order appointing a guardian ad litem under subclause (2) may be made, on an application on or without notice in form DV 6, by,—

(a)

the proposed guardian; or

(b)

any party to the proceeding; or

(c)

with the leave of the court, any other person;—

but no such appointment may be made at any time during which the minor is represented in the proceeding by a next friend appointed pursuant to subclause (1).

Compare: SR 1992/109 rr 84, 85

Rule 35 heading: amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Rule 35(1): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Rule 35(1)(a)(ii): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Rule 35(1)(b): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Rule 35(2): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Rule 35(2)(c): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Rule 35(3): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

36 Appointment of representative of persons lacking capacity

(1)

The court or the Registrar may, in relation to a person to whom section 11 of the Act applies (including a person to whom that section applies by virtue of section 22(6) or section 48 or section 73 or section 92 of the Act), appoint any person—

(a)

who consents in writing; and

(b)

who is not under disability; and

(c)

whose interests are unlikely to conflict with the interests of the person to whom the application relates—

to be guardian ad litem of that person for the purpose of taking proceedings under the Act.

(2)

An order appointing a guardian ad litem under this rule may be made, on an application on or without notice in form DV 6, by,—

(a)

the proposed guardian; or

(b)

any party to the proceeding; or

(c)

with the leave of the court, any other person.

Compare: SR 1992/109 rr 84, 85, 94

37 Responsibility of guardian ad litem for costs

A guardian ad litem appointed pursuant to rule 35(2) or rule 36 or pursuant to section 12 of the Act is responsible for any costs awarded in the proceeding against the represented person unless the court or the Registrar, when appointing the guardian ad litem or on application made at any later time, orders that, having regard to the circumstances necessitating the appointment, the guardian ad litem is not to be responsible for such costs.

Compare: SR 1992/109 r 85(3)

38 Recovery of costs by representative

(1)

On the application of a representative, the court may order that any costs paid or incurred by the representative while acting as such (including solicitor and client costs) may be recovered by the representative from the represented person or from the represented person’s estate.

(2)

In any application under this rule, the represented person may be separately represented by a lawyer appointed for the purpose by the court.

Compare: SR 1992/109 r 86

39 Effect of service on person incapable of defending proceedings in own name

Subject to the Act, where a proceeding is served upon a person who is not authorised by law to defend the proceeding in his or her own name, no further step may be taken in the proceeding until a representative or, as the case requires, a guardian ad litem has been appointed or other order made for the representation of the person.

Compare: SR 1992/109 rr 88, 95

40 Retirement, removal, or death of representative

(1)

A representative may not retire,—

(a)

without leave of the court; and

(b)

unless the court otherwise orders, without giving security for the costs already incurred or any part of those costs, if such security is required by the opposite party.

(2)

A representative may be removed by the court upon sufficient cause being shown.

(3)

Where a representative is removed by the court, he or she may be ordered by the court to give security to the represented person or any opposite party for the costs (including the represented person’s own costs) already incurred or any part of those costs.

(4)

Subject to section 12(5) of the Act and to rules 41 and 42, in case of the death, retirement, or removal of a representative, no further step may be taken in the proceeding until another person has been appointed as representative.

Compare: SR 1992/109 rr 87, 98

41 Effect of minor attaining age of 17 years

(1)

Where a minor in relation to whom a representative has been appointed attains the age of 17 years, all subsequent steps must be carried on in the minor’s name.

(2)

If the minor continues to prosecute or defend the proceeding, he or she is liable for all costs of the proceeding (including solicitor and client costs) in the same manner as if he or she had commenced it or had become a party to it at a time when he or she was not a minor.

Compare: SR 1992/109 r 89

Rule 41 heading: amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Rule 41(1): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Rule 41(2): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

42 Effect of ceasing to be incapacitated or unable to take proceedings

(1)

Where—

(a)

a representative has been appointed in relation to a person to whom section 11 of the Act applies, and the represented person subsequently ceases to be a person to whom that section applies; or

(b)

a representative has been appointed in relation to a person to whom section 12 of the Act applies, and the represented person subsequently ceases to be a person to whom that section applies,—

then, subject to section 12(5) of the Act, all subsequent steps in the proceeding must be carried on in the represented person’s own name.

(2)

If the represented person continues to prosecute or defend the proceeding, he or she is liable for all the costs of the proceeding (including solicitor and client costs) in the same manner as if he or she had commenced it or had become a party to it when he or she was not a person to whom section 11 or, as the case requires, section 12 of the Act applied.

Compare: SR 1992/109 r 99

Part 4 Service

General

43 Service generally

(1)

Except as otherwise provided by these rules, the Registrar must serve or cause to be served, without delay,—

(a)

every application to which rule 15 applies and that is made on notice:

(b)

every application to which rule 18 applies and that is made on notice:

(c)

every application under section 46 of the Act (which relates to the variation of a protection order) that is made on notice:

(d)

every application under section 47 of the Act (which relates to the discharge of a protection order) that is made on notice:

(e)

every application under section 55 of the Act (which relates to variation and discharge of an occupation order) that is made on notice:

(f)

every application under section 59 of the Act (which relates to discharge of a tenancy order) that is made on notice:

(g)

every application under section 65 of the Act (which relates to variation and discharge of an ancillary furniture order) that is made on notice:

(h)

every application under section 69 of the Act (which relates to variation and discharge of a furniture order) that is made on notice.

(2)

The Registrar may also in his or her discretion, and must on the direction of a Judge, serve or cause to be served any other document required for the purpose of any proceedings under the Act.

(3)

The Registrar may permit—

(a)

a lawyer for a party; or

(b)

a lawyer acting as agent for that lawyer; or

(c)

some person employed or engaged by a party or by either lawyer—

to serve any application to which subclause (1) applies.

Compare: SR 1983/31 r 26

Address for service

44 Address for service

(1)

Subject to subclause (2) and to rule 45, each party must give an address for service in the first document filed by him or her, unless he or she has sooner given an address for service in accordance with that subclause.

(2)

A party (other than the applicant) may give an address for service by filing in court a notice of that address and serving a copy on each other party to the proceedings.

(3)

Any address for service may be changed by notifying the Registrar and each other party to the proceedings.

(4)

The provisions of this rule, so far as they are applicable and with any necessary modifications, apply to every person who is given or served with any notice or other document in the proceedings, in the same manner as they apply to a party to the proceedings.

Compare: SR 1983/31 r 27(1)–(3), (5)

45 Residential address not required

Subject to rule 22, a person—

(a)

who is a party to any proceedings relating, wholly or partly, to an application made, by or on behalf of that person, for a protection order or an order under Part 3 of the Act, or both; or

(b)

who is a party to an appeal against any determination of any court in any proceedings to which paragraph (a) applies; or

(c)

who is a party to proceedings relating to, or arising out of, any proceedings in which a protection order, or an order under Part 3 of the Act, or both, are made in that person’s favour—

need not give his or her residential address on any document presented for filing in court in relation to those proceedings, but must provide an address for service in accordance with rule 44.

Modes of service

46 Modes of service

Except where the Act or these rules prescribe a particular or exclusive mode of service, service may be effected in any of the following ways:

(a)

personal service:

(b)

service at an address for service given in accordance with these rules:

(c)

where an address for service of a party is the office of a lawyer, and that lawyer has a post office box address, a document exchange box number, or a facsimile number,—

(i)

by posting the document to the post office box address; or

(ii)

by leaving the document at a document exchange for direction to that document exchange box number; or

(iii)

by transmitting the document to that facsimile number.

Compare: SR 1983/31 r 27(4); SR 1992/109 r 214

47 Service by means of post office box, document exchange, or facsimile transmission

(1)

Where a document is served on a party or person in accordance with rule 46(c), that document,—

(a)

if posted to a post office box address, is deemed to have been duly served on the earlier of—

(i)

the fifth working day after the day on which it was so posted; or

(ii)

the day on which it was received; and

(b)

if left at a document exchange, is deemed to have been duly served on the earlier of—

(i)

the second working day after the day on which it was so left; or

(ii)

the day on which it was received; and

(c)

if transmitted to a facsimile number, is deemed, subject to subclauses (2) and (3), to have been duly served on the day on which it was so transmitted.

(2)

Where a document is transmitted to a facsimile number after 5 pm on any day, then, subject to subclause (3), that document is deemed to have been duly served on the first working day after the day on which the document was received in a complete and legible condition.

(3)

A document transmitted to a facsimile number is deemed to have been received in a complete and legible condition unless,—

(a)

the contrary is shown; and

(b)

as soon as practicable after the transmission is concluded, the lawyer to whom the document was transmitted notifies the person who transmitted the document that the document was incomplete or illegible or both when it was received.

(4)

Where a document is served under rule 46(c), the lawyer to whom the document was sent or transmitted must, on receiving the document, immediately give to the person by whom the document was served an acknowledgment, in writing or by facsimile transmission, that the document has been received and must include in that acknowledgment a statement of the date of service.

Compare: 1908 No 89 Schedule 2 r 206A; SR 1991/132 r 12; SR 1992/109 r 233

48 Giving of notices, etc

Where the Act or these rules require a document, notice, or copy to be given to any person but does not prescribe the manner in which that is to be done, the document, notice, or copy may be given in any manner set out in rule 46, and the provisions of this Part apply with all necessary modifications.

Compare: SR 1983/31 r 27(4)

49 Cases not provided for

In any case not provided for by these rules, service may be effected or notice given in such manner and at such place as the court or the Registrar directs.

Compare: SR 1992/109 r 214(2)

Personal service

50 Personal service

Personal service of a document may be effected by leaving the document with the person to be served, or, if that person does not accept it, by putting it down in that person’s presence and bringing it to his or her notice.

Compare: SR 1992/109 r 219

51 Who may undertake personal service

(1)

Every document required to be served personally may be served—

(a)

by a bailiff; or

(b)

by a constable, where—

(i)

no bailiff is available to serve the document; or

(ii)

the court or the Registrar considers it appropriate in the circumstances for the document to be served by a constable; or

(c)

by a lawyer for a party or a lawyer acting as agent for that lawyer, or by some person employed or engaged by the party or by either lawyer.

(2)

Personal service may not be effected by a party to the proceedings, or by a representative, but the party or, where applicable, the representative may be present when service is effected.

Compare: SR 1983/31 r 28(2), (4)

Rule 51(1)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Rule 51(1)(b)(ii): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

52 Personal service of applications on notice

(1)

Except as provided by rule 59, every document, being—

(a)

an application on notice for a protection order or a property order, or both; or

(b)

an application on notice in form DV 7 or form DV 9; or

(c)

a copy of an information sheet; or

(d)

a notice to a respondent or associated respondent in form DV 10,—

required by the Act or these rules to be served on any person, must be served by personal service.

(2)

Service of every such document must be effected—

(a)

not less than 10 clear days before the day of hearing of the application, if service is effected in New Zealand; or

(b)

not less than 21 clear days before the day of hearing of the application, if service is effected out of New Zealand.

Compare: SR 1983/31 r 28(1), (3)

53 Personal service of orders

(1)

Subject to subclause (2), where—

(a)

an order is made (including a temporary protection order, a temporary property order, an ancillary order or other order made on an application without notice, or any order varying or discharging any order made under the Act); or

(b)

the Registrar issues an order pursuant to rule 34,—

the Registrar must, without delay, take all reasonable steps to serve a copy of the order on the parties.

(2)

Where a temporary protection order or a temporary property order is to be served pursuant to subclause (1), it must be accompanied by—

(a)

a copy of the relevant information sheet; and

(b)

subject to subclause (3),—

(i)

a copy of the application for the order; and

(ii)

a copy of any accompanying affidavit.

(3)

Where subclause (2) requires service of a temporary order on a party, a Judge may direct that 1 or more of the documents to which subclause (2)(b) applies must not be served with the temporary order, and that service of the document or documents on that party—

(a)

be delayed for such period (not exceeding 5 days) after service of the temporary order as the Judge directs; or

(b)

be served on that party in such manner as the Judge directs, including (without limitation) by making the document or documents available for collection by that party from a specified place,—

or both.

(4)

Subject to subclause (5), service of an order in accordance with subclause (1) must be effected by personal service.

(5)

Where for any reason service of an order on a party cannot be effected by personal service, service must be effected,—

(a)

if the party is represented by a lawyer, by serving a copy of the order on the lawyer; or

(b)

if the party is not represented by a lawyer, by sending a copy of the order by ordinary post addressed to that person at his or her address for service (if given), or otherwise to that person’s last known or usual place of abode or business in New Zealand, and rule 47(1)(a) applies accordingly with all necessary modifications; or

(c)

by substituted service in accordance with rule 59.

Compare: SR 1983/31 r 31

54 Extension of period for service

(1)

Where—

(a)

the court makes a temporary order; and

(b)

the respondent or associated respondent has not been served with a copy of the order within the 3-month period specified in section 77(1) of the Act,—

the court may, on its own motion or on application by a party, extend the period within which the order may be served in accordance with section 77(3) of the Act.

(2)

A Registrar may exercise the power of the court to extend the period of service pursuant to section 77 of the Act.

55 Personal service on child

Personal service on a child in proceedings under the Act must be effected by serving the document, in accordance with the applicable rule,—

(a)

on the child’s representative appointed under these rules; or

(b)

if there is no such representative for the time being, on any adult person with whom the child resides and under whose care the child is.

Compare: SR 1992/109 r 228

56 Personal service on persons lacking capacity

Personal service on a person on whose behalf proceedings have been brought by a representative pursuant to section 11 of the Act must be effected by serving the document, in accordance with the applicable rule,—

(a)

on that person’s representative appointed under these rules; or

(b)

if there is no such representative for the time being, on any adult person with whom the party resides or in whose care he or she is.

Compare: SR 1992/109 r 228

57 Personal service on person to whom section 12 relates

Personal service on a person in relation to whom a representative is appointed under section 12 of the Act must be effected by serving the document, in accordance with the applicable rule, on the representative.

Lawyer accepting service

58 Lawyer accepting service

Where a lawyer represents that he or she is authorised to accept service of any document on behalf of any party, the document is deemed to have been served if the lawyer signs a note that he or she accepts service on behalf of that party.

Compare: SR 1992/109 r 236

Substituted service

59 Substituted service

(1)

Where for any sufficient reason service of any document, including any order, cannot be effected in the manner specified in relation to that document by these rules, the court may, on its own motion or on application, and on such terms and conditions as it considers appropriate, make an order—

(a)

giving leave for steps to be taken to bring the document to the knowledge of the person to be served by advertisement or in some other manner; or

(b)

dispensing altogether with service.

(2)

Where an order under subclause (1)(a) has been carried out, the steps taken may be called substituted service, and such service has the same effect as personal service.

(3)

Where leave is given under this rule to bring the document to the knowledge of the person to be served by advertisement, the advertisement must be in form DV 13.

(4)

A Registrar may exercise the powers of the court under this rule.

Compare: SR 1983/31 r 29

Proof of service

60 Proof of service

(1)

Where any bailiff or other officer of a court or any constable serves any document, service may be proved by showing the fact and the date and mode of service—

(a)

in an endorsement on the original document or a copy of it, which endorsement must be signed by the person who served the document; or

(b)

in a certificate attached to the original document or a copy of it, which certificate must be signed by the person who served the document.

(2)

Without limiting subclause (1), where a document has been personally served, service may be proved—

(a)

on oath before the court; or

(b)

by an affidavit of service in form DV 14.

(3)

Where service of a temporary protection order or a final protection order is sought to be proved in a manner specified in subclause (1) or subclause (2)(b), the endorsement, or as the case may be, the certificate or affidavit must also state the time that service took place.

(4)

Where substituted service is effected by advertisement, service may be proved by affidavit, which must—

(a)

show the names of the newspapers in which the advertisement is published and the respective dates of publication; and

(b)

have attached to it, as exhibits, extracts taken from those newspapers and showing those advertisements.

Compare: SR 1983/31 rr 29(3), 30

Rule 60(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Notifications to Police

61 Copies of orders to be sent to Police

(1)

On the making of a temporary order or a final order under the Act (including any order varying or discharging an order made under the Act or any order made in substitution for any such order), the Registrar must ensure that a copy of the order is made available, without delay, to the District Commander at the appropriate Police District Headquarters.

(2)

Where a copy of a protection order is made available to a District Commander in accordance with section 88(1) of the Act, the Registrar must ensure that a copy of the notice in form DV 5 that was filed with the application is also made available, without delay, to the District Commander.

(3)

In addition to the ways specified in paragraphs (a), (b), and (d) of section 88(3) of the Act, a Registrar may make a copy of an order available by sending the copy by ordinary post addressed to the District Commander at the appropriate Police District Headquarters.

Compare: SR 1983/31 r 31(4)

62 Information on service of certain orders to be communicated to Police

(1)

Any person who is required by section 89 of the Act to notify the constable in charge of a Police station of the service of a copy of a protection order, or a copy of any order varying a protection order, may give that notification orally in the first instance, but must confirm that notification in writing without delay.

(2)

Where the person required to give such notice is an officer of the court, such notice may be communicated to the officer in charge in any of the ways set out in section 88(3) of the Act.

Section 62(1): amended, on 1 October 2008, pursuant to section 116(a)(v) of the Policing Act 2008 (2008 No 72).

63 Copy of order issued under rule 34 to be sent to Police

(1)

Where a Registrar issues an order pursuant to rule 34, the Registrar must ensure that a copy of the order is made available, without delay, to the District Commander at the appropriate Police District Headquarters.

(2)

The copy of the order may be made available in any of the ways set out in section 88(3) of the Act or in the way permitted by rule 61(3).

Part 5 Applications and directions in the course of proceedings

64 General procedure

(1)

Where the Act or these rules expressly or impliedly authorise any application in the course of proceedings, or any application relating to any intended proceedings, to be made to the court, a Judge, or a Registrar, then, subject to the provisions of the particular section of the Act or the particular rule applicable to the application, the following provisions apply:

(a)

the application may be made either in court or in chambers and either on an application without notice or on notice:

(b)

if the application is made without notice, it must be in form DV 8:

(c)

if the application is made on notice, it must be filed in court and served on the opposite party not later than 3 clear days before the time appointed for the hearing of the application, unless the Judge or Registrar dispenses with notice or gives leave for shorter notice:

(d)

no affidavit need be filed with the application in the first instance, but the Judge or Registrar may direct evidence to be given in such manner as the Judge or Registrar thinks fit:

(e)

on the hearing of the application, the Judge or Registrar may make such order as he or she considers appropriate:

(f)

if the Registrar has power to hear and determine the application, the applicant must, unless a Judge otherwise orders, make the application to the Registrar in the first instance:

(g)

where the application is made to the Registrar, he or she may, if in doubt as to the proper order to be made, refer the application to a Judge immediately or at the next convenient opportunity, and the Judge may hear the application and make such order as the Judge considers appropriate:

(h)

the costs of any interlocutory application—

(i)

are in the discretion of the court; and

(ii)

if allowed, are costs in the proceedings, unless the Judge or Registrar otherwise orders:

(i)

where the Registrar has made an order to which this rule applies,—

(i)

any party who is dissatisfied with the order may apply to a Judge on notice to vary or rescind the order; and

(ii)

on hearing the application, the Judge may vary or rescind the order and may make such order as he or she considers appropriate:

(j)

the application need not be heard by the Judge before whom other applications in the same proceedings are pending:

(k)

if the Registrar is satisfied that, by reason of the absence of a Judge, any application can be more expeditiously heard and determined in some other court, the Registrar may, of his or her own motion or on the request of either party, order that the application be transferred for hearing to that court, and the provisions of rule 82 apply to the transfer.

(2)

The jurisdiction of the court to hear any interlocutory application may be exercised by the Registrar, unless there is provision to the contrary in the Act or these rules.

Compare: SR 1983/31 r 36

65 Interlocutory applications without notice

An order may be made under rule 64 on an application without notice where the court is satisfied that one of the grounds set out in rule 14(1) for making an application without notice is established.

Compare: SR 1983/31 r 37

66 Enlargement or abridgement of time

(1)

Subject to the Act and these rules, any of the times fixed by these rules for—

(a)

taking any steps in any proceedings; or

(b)

filing any document; or

(c)

giving or serving any notice—

may be enlarged or abridged by consent of both parties or by the court on the application of either party.

(2)

An order enlarging time may be made even though the application for the order is not made until after the expiration of time allowed or appointed.

(3)

An order enlarging or abridging time may be varied by the court on the application of either party.

(4)

No order enlarging time may be made where it appears that the application for the order was made with the principal object of delaying the proceedings to the detriment of the other party.

Compare: SR 1983/31 r 38

Part 6 Amendment

67 Amendment before service

(1)

The Registrar may, on the written request of the applicant at any time before the service of the application, amend any application.

(2)

The Registrar may, on the written request of the objector at any time before service of the objection, amend any objection made pursuant to section 51E of the Act.

Compare: SR 1983/31 r 32

Rule 67(2): amended, on 1 October 2014, by rule 6 of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

68 Amending proceedings

The court may, either on or without the application of either party and at any stage of the proceedings,—

(a)

amend any defect or error in any proceedings, whether the defect or error is that of the party applying to amend or not:

(b)

amend the name, address, or occupation of either of the parties as set out in any document in the proceedings:

(c)

make any other amendment that may be necessary for the purpose of determining the real question in dispute between the parties;—

and the proceedings continue in all respects as if they had been commenced in the form in which they appear after the amendment has been made.

Compare: SR 1983/31 r 33

69 Amendment of application or notice of defence

(1)

An applicant may file and serve an amended application, and a respondent or an associated respondent may file and serve an amended notice of defence,—

(a)

without the leave of the court, at any time before the application has been set down for hearing; or

(b)

with the leave of the court, at any time after the application has been set down for hearing or where no hearing is required.

(2)

When an application or a notice of defence is amended, the court may, at the hearing, adjourn the hearing for such time and on such terms as may be just.

(3)

This rule, so far as applicable and with all necessary modifications, applies in relation to a notice of intention to appear.

Compare: SR 1983/31 r 34

70 Clerical mistakes and slips

The court or a Registrar may at any time correct—

(a)

clerical mistakes in judgments or orders:

(b)

errors in judgments or orders, where the errors arise from any accidental slip or omission.

Compare: SR 1983/31 r 35

Part 7 Conferences

71 Power of Judge to call conference

(1)

For the purpose of ensuring that any application under the Act may be determined in a just, expeditious, and economical manner, a Judge may at any time, either on the application of either party or their lawyer or without such application, on such terms as the Judge thinks fit, direct the holding of a conference of—

(a)

parties; or

(b)

the lawyers representing the parties.

(2)

The Judge must preside over the conference and may adjourn the conference from time to time and from place to place.

(3)

Where the conference is held pursuant to subclause (1)(a), the lawyer representing any party may attend either in the place of the party or with the party.

(4)

Where the conference is held pursuant to subclause (1)(b), any party who is not represented by a lawyer may attend the conference.

Compare: SR 1988/46 r 11

72 Orders and directions

(1)

At any conference held pursuant to rule 71, the Judge presiding may make such orders and give such directions as appear best adapted—

(a)

to ensure that the object of the Act (as set out in section 5 of the Act) is attained; and

(b)

to secure the just, expeditious, and economical disposal of the application under the Act.

(2)

Without limiting the generality of subclause (1), the Judge may—

(a)

settle the issues to be determined:

(b)

direct by whom and within what time any affidavit or other document must be filed:

(c)

require any party to make admissions in respect of questions of fact, and, if that party refuses or fails to make an admission in respect of any such question, require that party (subject to the direction of the Judge hearing the application) to bear the costs of proving that question at the hearing:

(d)

abridge, extend, or fix a time for the filing of any document or the doing of any other thing:

(e)

require further or better particulars of any facts or other circumstances connected with the application:

(f)

fix a time and place for the hearing of the proceedings:

(g)

give such consequential directions as may be necessary.

Compare: SR 1988/46 r 12

73 Non-compliance with order

If any party fails to comply with an order made under rule 72, the following provisions apply:

(a)

if the party failing to comply with the order is the applicant, the court may order the proceedings to be dismissed or stayed until the order is complied with:

(b)

if the party failing to comply with the order is not the applicant, the court may order that the party be allowed to defend or to appear at the hearing only on such terms as the court considers appropriate:

(c)

the failure may be taken into account by the court in exercising its power to make an order as to costs.

Compare: SR 1988/46 r 13

Part 8 Evidence

74 Order for production of documents

(1)

The court may at any stage of the proceedings order the production by any party of any documents in his or her possession, custody, or power relating to any question in the proceedings, and the court may deal with the documents when produced in such manner as may be just.

(2)

If any party fails to comply with an order made under subclause (1), the following provisions apply:

(a)

if the party failing to comply with the order is the applicant, the court may order the proceedings to be dismissed or stayed until the order is complied with:

(b)

if the party failing to comply with the order is not the applicant, the court may order that the party be allowed to defend or to appear at the hearing only on such terms as the court considers appropriate.

Compare: SR 1983/31 r 39

75 Powers of Judge or Registrar not suspended by examination of witnesses out of court

The fact that any examination is pending under rule 378 of the District Courts Rules, as applied to proceedings to which these rules apply, does not suspend or prevent the exercise by any Judge or Registrar of any power or jurisdiction that he or she would otherwise possess in respect of the application.

Compare: SR 1983/31 r 40

76 Taking evidence outside New Zealand

Where in any proceedings under the Act, the evidence of any person is to be taken outside New Zealand, that evidence may be taken in accordance with the rules of the High Court for the time being governing the examination of witnesses out of New Zealand.

Compare: SR 1983/31 r 41

77 Summons to attend before court

Any summons issued pursuant to section 82 of the Act must be in form DV 15.

Part 9 Transfer of proceedings or hearing

78 Transfer of proceedings

A court or Registrar may order that any proceedings in that court be transferred to another court if the court or, as the case requires, the Registrar is satisfied that the proceedings can be more conveniently or fairly dealt with in that other court.

Compare: SR 1983/31 r 22

79 Transfer of hearing

A court or Registrar may order that the hearing of any application filed in that court be transferred to another court if the court or, as the case requires, the Registrar is satisfied that the application can be more conveniently or fairly heard in that other court.

Compare: SR 1983/31 r 23

80 Transfer with or without application

(1)

A court or Registrar may order a transfer pursuant to rule 78 or rule 79

(a)

on the court’s or, as the case requires, the Registrar’s own motion; or

(b)

on the application of any party on not less than 3 days’ notice.

(2)

Where a Registrar declines an application to transfer any proceedings or hearing, the applicant may ask the court to review that decision; and in that case the court may make such decision on the application as it thinks fit.

(3)

Where an order is made for transfer of any proceedings or hearing,—

(a)

the order must be endorsed on the application; and

(b)

the Registrar must cause notice of the transfer to be given to all parties.

Compare: SR 1983/31 r 24

81 Procedure on transfer of proceedings

(1)

Where an order is made under rule 78 for the transfer of any proceedings,—

(a)

the Registrar of the court in which the order is made must send to the Registrar of the other court all the documents in his or her custody relating to the proceedings; and

(b)

the Registrar of the court to which the proceedings are transferred must enter the proceedings in the records of that court.

(2)

On transfer, the proceedings continue as if they were originally filed in the court to which they have been transferred.

(3)

[Revoked]

Compare: SR 1981/261 r 37; SR 1983/31 r 25

Rule 81(3): revoked, on 21 October 2002, by rule 4 of the Domestic Violence Amendment Rules (No 2) 2002 (SR 2002/260).

82 Procedure on transfer of hearing

(1)

Where an order is made under rule 79 for the transfer of a hearing,—

(a)

the Registrar of the court in which the application is pending must—

(i)

send to the Registrar of the other court all the documents in his or her custody relating to the proceedings; and

(ii)

note the records of the court accordingly; and

(b)

the Registrar of the court in which the proceedings are to be heard must make an appropriate entry in the records of the court.

(2)

For the purposes of the hearing, the application must be dealt with as if it had been filed in the court of hearing.

(3)

When the hearing is concluded,—

(a)

the Registrar of the court of hearing must return all the documents relating to the proceedings, including every order that has been made in those proceedings, to the Registrar of the court from which the documents were sent; and

(b)

the Registrar to whom the documents are returned must—

(i)

record every order made in the proceedings in the records of the court; and

(ii)

take such steps (if any) required by rule 53 to serve a copy of every order on the parties.

Compare: SR 1981/261 r 37; SR 1983/31 r 25

Part 10 Proceedings relating to attendance at non-violence programmes

Part 10 heading: amended, on 1 October 2014, by rule 7 of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

83 Notice of objection to direction to undertake assessment and attend non-violence programme

(1)

A notice of objection given under section 51E(2)(b) of the Act must be in form DV 26.

(2)

Where a notice of objection is received, the Registrar must,—

(a)

arrange for a copy of the notice to be served on the applicant for the protection order; and

(b)

advise the applicant that he or she may make written submissions in relation to the objection, and that any such submissions must be received within 10 working days of service of the notice on the applicant; and

(c)

where the objector wishes to be heard, advise the applicant that he or she is entitled to appear and be heard in the matter, either in person or by his or her lawyer.

Rule 83 heading: replaced, on 1 October 2014, by rule 8(1) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Rule 83(1): amended, on 1 October 2014, by rule 8(2) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Rule 83(2)(b): amended, on 17 November 2011, by rule 4 of the Domestic Violence Amendment Rules 2011 (SR 2011/348).

84 How notice of objection to be dealt with

(1)

A Registrar may exercise the powers of the court under section 51F of the Act, except that a Registrar may not discharge a direction.

(2)

Where the objector seeks the discharge of the direction, or in any case where the Registrar considers that the discharge of a direction may be appropriate, the Registrar must refer the objection to a Judge at the next convenient opportunity.

(3)

If the objector does not wish to be heard, then, subject to subclause (1),—

(a)

the objector may make written submissions in respect of the objection; and

(b)

the objection may be dealt with on the papers.

(4)

If the objector does wish to be heard,—

(a)

the Registrar must assign a hearing date in accordance with section 51E(3)(a) of the Act; and

(b)

the objector may appear at the hearing and be heard in person or by his or her lawyer.

(5)

[Revoked]

Rule 84(1): amended, on 1 October 2014, by rule 9(1) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Rule 84(3): replaced, on 1 October 2014, by rule 9(2) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Rule 84(4): replaced, on 1 October 2014, by rule 9(2) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Rule 84(5): revoked, on 1 October 2014, by rule 9(2) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

85 Notice of result of objection

As soon as practicable after a decision is made on an objection under section 51F(1) of the Act confirming, varying, or discharging a direction, a Registrar must—

(a)

arrange for the decision to be drawn up in form DV 27 (notice of result of objection to direction to undertake assessment and attend non-violence programme); and

(b)

arrange for a copy of the decision to be served on each of the parties.

Rule 85: replaced, on 1 October 2014, by rule 10 of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

86 Request by provider for variation of programme
[Revoked]

Rule 86: revoked, on 1 October 2014, by rule 11 of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

87 Decision of court under section 51Q

Rule 85 applies, with any necessary modifications, in relation to a decision of the court pursuant to section 51Q(1) of the Act.

Rule 87 heading: amended, on 1 October 2014, by rule 12(1) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Rule 87: amended, on 1 October 2014, by rule 12(2) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

88 Witness summons calling respondent or associated respondent before court

If a Registrar under section 51O of the Act, or a Judge under section 51P of the Act, calls a respondent or an associated respondent to appear before the court, the summons must be in form DV 15.

Rule 88: replaced, on 1 October 2014, by rule 13 of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Part 11 Enforcement of property orders

89 Enforcement of occupation and tenancy orders

Rules 626 and 627 of the District Courts Rules apply in relation to the enforcement of an occupation order or a tenancy order.

90 Enforcement of ancillary furniture orders and furniture orders

Rule 622 of the District Courts Rules applies in relation to the enforcement of an ancillary furniture order or a furniture order.

Part 12 Registration of foreign protection orders

91 Registration of foreign protection orders

Where a certified copy of a foreign protection order is registered pursuant to section 97 of the Act, the Registrar must—

(a)

enter the particulars of the order in the Family Proceedings Records in the same manner as if the order had been made by the District Court in which the order is registered; and

(b)

add to that entry and on all copies of the order the words “Registered in the District Court at [place of registration] on [date of registration] pursuant to section 97 of the Domestic Violence Act 1995”.

Compare: SR 1981/261 r 60

Rule 91(a): amended, on 21 October 2002, by rule 5 of the Domestic Violence Amendment Rules (No 2) 2002 (SR 2002/260).

92 Notice of registration of foreign protection orders

(1)

The Registrar of the court in which an order is registered pursuant to section 97 of the Act must cause notice of the registration in form DV 29 to be served on the respondent.

(2)

Failure to serve such a notice does not affect the validity of the registration or any proceedings relating to the order.

Compare: SR 1981/261 r 61

93 Notice to be given to foreign court or authority

(1)

Where a foreign protection order is registered pursuant to section 97 of the Act, the Registrar must cause a copy of the notice of registration to be sent as soon as practicable to the court or the appropriate authority in the country in which the order was made.

(2)

Where, pursuant to section 99(c) of the Act, a court makes an order varying a foreign protection order, the Registrar must cause a copy of the order varying the foreign protection order to be sent as soon as practicable to the court or the appropriate authority in the country in which the foreign protection order was made.

(3)

Where, pursuant to section 101 of the Act, the registration of a foreign protection order is cancelled, the Registrar must cause notice of the cancellation to be sent as soon as practicable to the court or the appropriate authority in the country in which the order was made.

(4)

Where this rule requires a notice or a copy of a notice or of an order to be sent,—

(a)

the notice or copy may, in the first instance, be sent by means of electronic transmission (whether by way of facsimile transmission, electronic mail, or other similar means of communication):

(b)

whether or not the notice or copy is sent by electronic transmission, the notice or copy must also be sent, in documentary form, by airmail or in such other manner as is appropriate in the circumstances.

Part 13 Records

94 Records

(1)

The Registrar of every District Court must enter in the Family Proceedings Records a record of each application made under the Act, and of the decision on the application.

(2)

A minute of the decision on each application must be endorsed on that application, and must be signed and dated by the Judge or Registrar making the order.

Compare: SR 1983/31 r 7

95 Searches

(1)

Subject to subclause (2), rule 69 of the District Courts Rules applies to the search of the records of and the documents filed in the District Court in relation to any proceedings under the Act.

(2)

Where, pursuant to rule 22, an applicant has advised the court that he or she wishes his or her residential address to be kept confidential, no document that discloses that address may be searched, inspected, or copied pursuant to rule 69 of the District Courts Rules unless the court otherwise directs.

Compare: SR 1983/31 r 8

96 Information about proceedings available to criminal court

(1)

In this rule,—

civil proceeding means a proceeding in the District Court under the Act

court file means a collection of documents that relate to a civil proceeding and are in the custody or control of a court

criminal proceeding means a proceeding for an offence against any enactment (other than the Act) that consists of or includes conduct that is domestic violence

database, in relation to a civil proceeding, means any electronic system in or on which information about the civil proceeding is recorded.

(2)

This rule applies if a defendant in a criminal proceeding—

(a)

is a respondent in a civil proceeding in which an application for a protection order is pending; or

(b)

has been a respondent in a civil proceeding and—

(i)

has currently in force against him or her a protection order; or

(ii)

has previously had in force against him or her a protection order.

(3)

A Registrar of a court that is dealing with a criminal proceeding may obtain information about the civil proceeding referred to in subclause (2) from—

(a)

the court file relating to that proceeding:

(b)

any database relating to that proceeding.

(4)

A Registrar of a court that is dealing with a criminal proceeding and who has obtained information under subclause (3) must make that information available to the court.

Rule 96: replaced, on 1 September 2015, by rule 5 of the Domestic Violence Amendment Rules 2015 (LI 2015/156).

Part 14 Miscellaneous provisions

97 Court and chambers

(1)

The court may, for the purpose of doing justice between the parties and any other persons likely to be affected by the proceedings, from time to time adjourn the hearing of any proceedings from court to chambers and from chambers to court.

(2)

In any proceedings in which the court is required, or desires, to ascertain the wishes of any child, it may—

(a)

order that any party to the proceedings and the persons representing any party or the child be excluded from the hearing for so long as may be necessary to ascertain the wishes of the child; or

(b)

direct when and where the court will ascertain the child’s wishes.

Compare: SR 1981/261 r 71(2); SR 1983/31 r 42

98 Powers of Registrar

(1)

Where the Registrar is authorised under these rules to hear and determine any proceedings or to exercise any other jurisdiction, the Registrar has, within the limits of that authority and subject to any right of review by a Judge under these rules, all the powers of a Judge.

(2)

Any order made by the Registrar under these rules has the same effect, and is enforceable in the same manner, as if it were an order of a Judge.

(3)

Nothing in this rule authorises a Registrar to commit any person to a prison or to enforce any order by committal.

(4)

Any order made by a Judge may be signed by the Registrar in his or her own name and description.

Compare: SR 1983/31 r 43

Rule 98(3): amended, on 1 June 2005, by section 207 of the Corrections Act 2004 (2004 No 50).

99 Witness entitled to expenses

(1)

Subject to subclauses (2) and (3),—

(a)

every witness attending a court upon a witness summons; and

(b)

every other person giving evidence in the course of the proceedings—

is entitled as against the party calling him or her to a sum for fees, allowances, and travelling expenses in accordance with the Witnesses and Interpreters Fees Regulations 1974 (SR 1974/124).

(2)

The court may, on application, disallow the whole or any part of that sum.

(3)

Nothing in this rule applies in relation to a person attending a court upon a summons issued under section 82 of the Act (including persons to whom that section applies by virtue of section 51O, 51P, or 78(5) of the Act).

(4)

Nothing in subclause (3) limits regulation 3 of the Domestic Violence (General) Regulations 1996.

Compare: SR 1983/31 r 44

Rule 99(3): amended, on 1 October 2014, by rule 14 of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

100 Revocation

The Domestic Protection Rules 1983 (SR 1983/31) are hereby revoked.

101 Transitional provisions

(1)

Subject to section 133 of the Act and to subclauses (2) to (4), all officers, appointments, records, accounts, books, seals, certificates, requests, applications, summonses, notices, documents, warrants, judgments, orders, decisions, directions, appeals, and generally all acts of authority that originated under any of the provisions of the Domestic Protection Rules 1983 and are subsisting or in force at the commencement of these rules enure for the purposes of these rules as if they had originated under the corresponding provisions of these rules, and accordingly are, where necessary, regarded as having so originated.

(2)

Subject to section 133 of the Act, all proceedings in any court under or pursuant to any of the provisions of the Domestic Protection Act 1982 and that have not been determined or completed before the commencement of these rules may be continued, completed, and enforced under these rules, and accordingly these rules, so far as practicable, apply to those proceedings.

(3)

Where it is not practicable for any provision of these rules to be applied to any proceedings to which subclause (2) applies, the Domestic Protection Rules 1983, to such extent as may be necessary, continue to apply to those proceedings.

(4)

If, in any proceedings to which subclause (2) applies, any question arises as to the application of any provision of these rules or of the Domestic Protection Rules 1983, the court or the Registrar may, upon or without an application of any party to the proceedings, determine the question and make such order as the court or Registrar considers appropriate.

Compare: SR 1983/31 r 47

Schedule 1 Forms

r 9

Form DV 1 General heading

r 12(1)

(Where not otherwise provided in these rules)

No:

In the District Court at [place]

Applicant: [give full name, *address, and occupation]

Respondent: [give full name, address, and occupation]

*Associated respondent: [give full name, address, and occupation]

*Delete or omit if inapplicable.

Note

Rules 22 and 45 of the Domestic Violence Rules 1996 permit the applicant’s residential address to be omitted from this heading if he/she wants the address to be kept confidential from the respondent or associated respondent.

Form DV 2 Application for protection order/property orders

r 15(1)

Section 7 (or section 52 or section 56 or section 62 or section 66), Domestic Violence Act 1995

Applicant: [full name]

Respondent: [full name]

*Associated respondent: [full name]

*Application for protection order

I, [full name], apply (*without notice) for a protection order against [full name], the respondent.

*Request for direction to protect specified persons

Note: A protection order automatically protects children of the applicant’s family.

I also seek a direction that the protection order apply for the benefit of [full name].

*Request for protection from respondent’s associates

I also seek a direction that the protection order apply against [full name], the associated respondent.

*Request for special conditions

I request that the following special conditions be part of the protection order: [set out in sufficient detail the nature of the special conditions sought, eg a condition specifying a person who, for the purposes of sections 19(2), 20, and 28, is entitled to consent on behalf of a protected person].

*Request for direction relating to standard condition relating to weapons

This request may be made only where the application is on notice

I seek—

*(a)

a direction that the standard condition relating to weapons not be a condition of the protection order; or

*(b)

modification of the terms of the standard condition relating to weapons, as follows: [specify the modifications sought].

*Request for provision of safety programme

I request the Registrar to authorise the provision of a safety programme to the following person(s): [full name(s)]. (See “Notes” below.)

*Application for occupation order/tenancy order

*I apply (*without notice) for an occupation order granting me the right to personally occupy the dwellinghouse situated at [full address] (*for a period of . [state if order sought for specific period]).

*I request that the occupation order be made on the following terms and conditions: [specify any terms and conditions sought].

*I apply (*without notice) for a tenancy order vesting in me the tenancy of the dwellinghouse situated at [full address].

*Application for ancillary furniture order

I apply for an ancillary furniture order granting me the possession and use of—

*(a)

all of the furniture, household appliances, and household effects in the dwellinghouse situated at [full address]; or

*(b)

the following furniture, household appliances, and household effects in the dwellinghouse situated at [full address]: [specify the items. It is not necessary to specify every item as long as the items in respect of which the application is made are readily ascertainable]—

*for a period of . [state if order sought for a specific period].

*I request that the ancillary furniture order be made on the following terms and conditions: [specify any terms and conditions sought].

*Application for furniture order

I apply (*without notice) for a furniture order granting me the possession and use of—

*(a)

all of the furniture, household appliances, and household effects in the dwellinghouse situated at [full address]; or

*(b)

the following furniture, household appliances, and household effects in the dwellinghouse situated at [full address]: [specify the items. It is not necessary to specify every item as long as the items in respect of which the application is made are readily ascertainable]—

*for a period of . [state if order sought for a specific period].

*I request that the furniture order be made on the following terms and conditions: [specify any terms and conditions sought].

Affidavit in support

I rely on the content of the affidavit dated [specify date] filed in support of *this application/*these applications.

*Previous proceedings

The parties to this application were (*the parties) (*some of the parties) to a previous application—

*(a)

under the Domestic Violence Act 1995; or

*(b)

under [specify previous enactment corresponding to Domestic Violence Act 1995]; or

*(c)

to which the Family Proceedings Rules 1981 apply,—

and that previous application was filed in a court other than the court in which this application is filed.

*The file number of that previous application is [specify].

or

*[State other information that may assist in identifying the file].

*The previous application was filed in the [name of court] Court at [place]

*I request that all documents relating to the previous application be transferred to the court in which this application is filed.

Signature of applicant:

Date:

*Certificate of lawyer for application made without notice

Complete if applying without notice for a protection order or a property order, or both, and the application is not intended to be made by the applicant in person.

I certify—

(a)

that I have advised the applicant that every affidavit that accompanies this application must fully and frankly disclose all relevant circumstances, whether or not they are advantageous to the applicant and any other person for whose benefit the order is sought; and

(b)

that I have made reasonable enquiries of the applicant to establish whether the relevant circumstances have been disclosed, and to the best of my knowledge every affidavit filed in support of this application discloses all such circumstances; and

(c)

that I am satisfied—

(i)

that the application and every such affidavit comply with the requirements of the Domestic Violence Act 1995 and the Domestic Violence Rules 1996; and

(ii)

that (*the order sought is one that ought to be made) (*that the orders sought are orders that ought to be made).

Lawyer for applicant:

Date:

*Certificate of lawyer for application for protection order

[Note: Complete if applying for a protection order.]

I certify that I have advised the applicant that, if the court makes a protection order, the applicant may request the Registrar to authorise the provision of a safety programme to the applicant and to any other person protected by the order, including a child of the applicant’s family.

Date:

Signature:

(Lawyer for applicant)

*Date of hearing

The Registrar is to complete the following appointment for hearing—

(a)

if the application is made on notice; or

(b)

if, in the case of an application without notice, an appearance is necessary or required.

I appoint [date] at . am (pm) at the District Court at [place] for the hearing of *this application/*these applications.

Registrar:

Date:

*Delete or omit if inapplicable.

Notes

Advice

If you need help, consult a lawyer or contact a District Court office immediately.

Office hours

The office of the District Court is open from . to . on Mondays to Fridays inclusive.

Safety programmes

If, on your application, the court makes either a temporary or a final protection order, you may request the Registrar of the court to arrange for you to attend a safety programme.

You may also request the Registrar to arrange for the children of your family, or any other person for whose benefit the court directs that the protection order applies, to attend a safety programme.

A request to attend a safety programme may be made at any time while the protection order remains in force.

What must be filed with this application

The following must be filed with this application:

(a)

affidavit in support (form DV 3); and

(b)

information sheet (form DV 4A). An applicant may request that his or her residential address be kept confidential (see rule 22 of the Domestic Violence Rules 1996).

You must also file an information for Police (form DV 5) if you are applying for a protection order. It informs the Police about what access, if any, the respondent and associated respondent have to firearms and other weapons.

Application may be made on behalf of another person

A person may be appointed by the court to make this application on behalf of another person (including a minor under the age of 17 years). See sections 9, 11, 12, and 73 of the Domestic Violence Act 1995.

Schedule 1 form DV 2: amended, on 1 October 2014, by rule 15(2) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Schedule 1 form DV 2: amended, on 1 October 2014, by rule 15(3) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Schedule 1 form DV 2: amended, on 1 October 2014, by rule 15(4) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Schedule 1 form DV 2: amended, on 1 October 2014, by rule 15(5) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Schedule 1 form DV 2: amended, on 1 October 2014, by rule 15(6) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Schedule 1 form DV 2: amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Schedule 1 form DV 2: amended, on 1 March 1997, by rule 3 of the Domestic Violence Amendment Rules 1997 (SR 1997/10).

Form DV 3 Affidavit in support of application for protection order/property orders

r 21

Domestic Violence Act 1995

Applicant: [full name]

Respondent: [full name]

*Associated respondent: [full name]

I, [full name], of *[place of residence], [occupation], *swear/*affirm:

1

I am the applicant in these proceedings.

2

I (*am) (*have been) in a domestic relationship with [full name], the respondent.

3

The nature of my domestic relationship with the respondent is as follows: [state sufficient facts to indicate the nature of the domestic relationship with the respondent (ie, whether a present or former spouse or partner, family or household member, a close personal relationship), and its duration (if applicable)].

*Facts in support of application for protection order

Complete paragraphs 4–16 (where applicable) if applying for protection order

*Facts relating to the respondent
*4

The respondent has used domestic violence against (*me) (*a child of my family) as follows: [state sufficient facts to indicate the nature and history of the domestic violence, including

(a)

an outline of the current situation or most recent incident:

(b)

an outline of any behaviour that forms part of a pattern of behaviour from which protection is needed:

(c)

details of any contact with Police, visits to a doctor or hospital].

*5

The respondent—

*(a)

holds a firearms licence:

*(b)

possesses, or has under his/her control, weapons (as defined in the Domestic Violence Act 1995).

or

*5

The respondent does not—

*(a)

hold a firearms licence:

*(b)

possess, or have under his/her control, weapons (as defined in the Domestic Violence Act 1995).

or

*5

I do not know whether the respondent—

*(a)

holds a firearms licence:

*(b)

possesses, or has under his/her control, weapons (as defined in the Domestic Violence Act 1995).

Note: The Domestic Violence Act 1995 defines a weapon as any firearm, airgun, pistol, restricted weapon, ammunition, or explosive, as those terms are defined in the Arms Act 1983.

*Facts relating to special conditions

Complete paragraph 6 if applying for special conditions

*6

The special conditions that I have requested be part of the protection order are necessary (*to protect me) (*to protect [state the names of the persons who would be protected by the protection order sought]) from further domestic violence, for the following reasons: [state sufficient facts to show why the special conditions are necessary for the protection of the applicant or others who will be covered by the protection order].

*Facts relating to other person to be protected by protection order

Complete paragraphs 7–12 if seeking a direction that the order protect another person. The order will automatically protect children of the applicant’s family.

*7

I have a domestic relationship with [full name of other person for whom protection from domestic violence is sought].

*8

The nature of my domestic relationship with [full name] is as follows: [state sufficient facts to indicate the nature of the domestic relationship (ie, whether a spouse or partner, family or household member, a close personal relationship)]).

*9

The respondent *is engaging/*has engaged in behaviour against [full name] that would amount to domestic violence against *him/*her if the respondent and *he/*she were in a domestic relationship, as follows: [state sufficient facts to indicate the nature and history of the respondent’s behaviour towards the person].

*10

The respondent’s behaviour is due, in whole or in part, to my relationship with [full name]: [state sufficient facts to indicate the reasons for this belief].

*11

It is necessary for the protection of [full name] that a direction be made that the protection order apply to *him/*her: [state sufficient facts to indicate the reasons for this belief].

*12

[Full name] consents to the direction being made: [attach written consent if available, or indicate reasons for believing that the person consents].

or

*12

It is not practicable for [full name] to consent to the direction being made, for the following reasons: [state why consent has not been obtained].

*Facts relating to associated respondent

Complete paragraphs 13–15 if seeking direction that order apply to associated respondent

*13

The respondent *is encouraging/*has encouraged [full name], the associated respondent, to engage in behaviour against (*me) (*a child of my family) (*the person referred to in paragraph 7) that would amount to domestic violence if engaged in by the respondent: [state sufficient facts to indicate the way in which the respondent is encouraging/has encouraged the associated respondent’s behaviour].

*14

The associated respondent has engaged in the behaviour set out in paragraph 13, as follows: [state sufficient facts to indicate the nature and history of the associated respondent’s behaviour, including

(a)

an outline of the current situation or most recent incident:

(b)

an outline of any behaviour that forms part of a pattern of behaviour from which protection is needed:

(c)

details of any contact with Police, visits to a doctor or hospital].

*15

The associated respondent—

*(a)

holds a firearms licence:

*(b)

possesses, or has under his/her control, weapons (as defined in the Domestic Violence Act 1995).

or

*15

The associated respondent does not—

*(a)

hold a firearms licence:

*(b)

possess, or have under his/her control, weapons (as defined in the Domestic Violence Act 1995).

or

*15

I do not know whether the associated respondent—

*(a)

holds a firearms licence:

*(b)

possesses, or has under his/her control, weapons (as defined in the Domestic Violence Act 1995).

Note: The Domestic Violence Act 1995 defines a weapon as any firearm, airgun, pistol, restricted weapon, ammunition, or explosive, as those terms are defined in the Arms Act 1983.

*Facts in support of application for protection order without notice

Complete paragraph 16 if applying for a protection order without notice to the respondent

*16

The application for a protection order is being made without notice to the respondent (*and associated respondent) because the delay that would be caused by proceeding on notice would or might entail—

*(a)

a risk of harm; or

*(b)

undue hardship—

to (*me) (*a child of my family) (*both me and a child of my family), as follows: [state sufficient facts to indicate the reasons for these statements].

*Facts in support of application for occupation order

Complete paragraphs 17–19 (where applicable) if applying for occupation order

*17

(*I (*own) (*have a legal interest in)) (*The respondent (*owns) (*has a legal interest in)) the dwellinghouse at [full address]. [State nature of legal interest if the property is not owned by either party].

*18

The making of an occupation order is (*necessary for my protection) (*in the best interests of a child/children of my family) for the following reasons: [state reasons for belief. If seeking particular terms and conditions, indicate reasons for doing so].

*19

The following people have an interest in the dwellinghouse that would be affected by the making of an occupation order: [list names of people, their addresses, and state the nature of their interests].

*Facts in support of application for tenancy order

Complete paragraphs 20–22 (where applicable) if applying for tenancy order

*20

The respondent is a (*sole tenant) (*a tenant holding jointly, or in common, with me) of the dwellinghouse at [full address].

*21

The making of a tenancy order is (*necessary for my protection) (*in the best interests of a child/children of my family) for the following reasons: [state reasons for belief].

*22

The following people have an interest in the dwellinghouse that would be affected by the making of a tenancy order: [list names of people, their addresses, and state the nature of their interests].

*Facts in support of application for ancillary furniture order

Complete paragraphs 23–25 (where applicable) if applying for ancillary furniture order

*23

I (*am applying for (*an occupation order) (*a tenancy order)) (*have a current (*occupation order) (*tenancy order)) in respect of the dwellinghouse situated at [full address].

*24

The respondent and I have lived in the same dwellinghouse at the same time for [state period that you and the respondent lived in same house at same time] and (*I am) (*I will be) living in the dwellinghouse specified in paragraph 23. [If not currently living in the dwellinghouse, give sufficient information to indicate intention to return. If seeking particular terms or conditions, indicate the reasons for doing so].

*25

The following people have an interest in the furniture, household appliances, and household effects that would be affected by the making of an ancillary furniture order: [list names of people, their addresses, and state the nature of their interests].

*Facts in support of application for furniture order

Complete paragraphs 26–31 (where applicable) if applying for furniture order

*26

I (*am applying for) (*have been granted) a protection order against the respondent.

*27

The respondent and I (*live in the same dwellinghouse at [full address]) (*have lived in the same dwellinghouse at [full address] at the same time).

*28

I (*am not applying for) (*did not apply for) an occupation order or a tenancy order in respect of that dwellinghouse.

*29

A child/children of my family (*is/are living) (*has/have lived) in that dwellinghouse.

*30

The furniture, household appliances, and household effects in respect of which I am seeking a furniture order are reasonably required to equip another dwellinghouse in which (*I am living/will live) (*a child of my family lives/will live) (*both I and a child of my family are living/will live): [state sufficient facts to indicate the reasons for these statements. If seeking particular terms or conditions, indicate the reasons for doing so].

*31

The following people have an interest in the furniture, household appliances, and household effects that would be affected by the making of a furniture order: [list names of people, their addresses, and state the nature of their interests].

*Facts in support of application for property order without notice

Complete paragraph 32 if applying for a property order without notice to the respondent

*32

The application for (*an occupation order) (*a tenancy order) (*an ancillary furniture order) (*a furniture order) is made without notice to the respondent because—

*(a)

the respondent has (*physically abused) (*sexually abused) (*me) (*a child of my family); and

*(b)

the delay that would be caused by proceeding on notice would or might expose (*me) (*a child of my family) to physical or sexual abuse.

[State sufficient facts to indicate the reasons for these statements].

*Other facts in support of application

[Set out sufficient information to inform the court of any other facts relied on in support of each application].

Signature of deponent:

*Sworn *affirmed at [place, date], before me—

Signature:

*(Deputy) Registrar

*Solicitor of the High Court

*Justice of the Peace

*Delete or omit if inapplicable.

Notes

1

Rule 9(2) of the Domestic Violence Rules 1996 permits this form to be varied where the circumstances of a particular case require.

2

Material referred to in this affidavit may be attached as an exhibit, endorsed with the appropriate exhibit note.

3

It is not necessary to repeat the full name of a person referred to more than once in the affidavit so long as the identity of the person being referred to in a particular paragraph is clear.

4

If the facts that support particular applications have been referred to in earlier paragraphs, it is sufficient to refer back to those paragraphs by number rather than repeating the facts.

5

A separate affidavit by the person referred to in paragraph 7 and giving details of the respondent’s behaviour may be necessary.

6

Rules 22 and 45 of the Domestic Violence Rules 1996 permit the applicant to omit his/her residential address from this affidavit if he/she wants the address to be kept confidential from the respondent or the associated respondent.

Schedule 1 form DV 3: amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Form DV 4 Notice of residential address and request for confidentiality

r 22

Domestic Violence Act 1995

(General heading—Form DV 1)

To the Registrar

District Court

[Place]

 

I, [full name], am applying for a protection order against [full name], the respondent.

My residential address is [address].

My contact telephone number(s) is/are: [home, work]

I request that my residential address and telephone numbers be kept confidential from the respondent (*and the associated respondent).

I have provided an address for service on the information sheet accompanying the application.

Signature of applicant:

Date:

*Delete or omit if inapplicable.

Form DV 5 Information for Police where application made for protection order

r 23

Domestic Violence Act 1995

Applicant

Full name:

*Residential address:

*Contact telephone number(s): [home, work]

*These details must not be disclosed to the respondent or associated respondent.

Respondent

Full name:

Residential address:

Occupation:

Name and address of employer:

*Contact telephone number(s): [home, work]

Date of birth:

Age in years:

*Associated respondent

Full name:

Residential address:

Occupation:

Name and address of employer:

*Contact telephone number(s): [home, work]

Date of birth:

Age in years:

Information about firearms licence and weapons

Circle the appropriate answer. Please see the note at the end of this form about what is a weapon.

1Does the respondent have a firearms licence?yesnounknown
*2Does the associated respondent have a firearms licence?yesnounknown
3Does the respondent have access to a weapon?
At homeyesnounknown
At work (eg sporting goods shop)yesnounknown
Part time work (eg territorial soldier)yesnounknown
Through sporting interests (eg gun club)yesnounknown
Through a relative or friendyesnounknown
*4Does the associated respondent have access to a weapon?
At homeyesnounknown
At work (eg sporting goods shop)yesnounknown
Part time work (eg territorial soldier)yesnounknown
Through sporting interests (eg gun club)yesnounknown
Through a relative or friendyesnounknown
If you answered “yes” to any part of question 3 or question 4, please answer questions 5 to 8. Write “unknown” if you do not know the answer.
5How many weapons does (*the respondent) (*the associated respondent) have access to?
6What types of weapons does (*the respondent) (*the associated respondent) have access to?
7Where are the weapons kept or stored? (Please be as precise as possible)
8If (*the respondent) (*the associated respondent) has access to a relative’s or friend’s weapons, please give the name and address of each of those people:

Signature of applicant:

Date:

Note

Meaning of weapon

The Domestic Violence Act 1995 defines a weapon as any firearm, airgun, pistol, restricted weapon, ammunition, or explosive, as those terms are defined in the Arms Act 1983.

*Delete or omit if inapplicable.

Form DV 6 Application for appointment as representative

rr 35, 36

Section 9 (or section 11 or section 12), Domestic Violence Act 1995

(General heading—Form DV 1)

*Application to be appointed representative of minor

I, [full name], apply (*without notice) for an order appointing me as representative of [full name of minor to be represented], the minor, on the following grounds:

(a)

the minor is eligible to apply for a protection order:

(b)

I am an adult, I am not under disability, and there is unlikely to be any conflict between my interests and the interests of the minor.

Affidavit/statement in support

You must—

(a)

file an affidavit containing sufficient particulars to show the grounds on which you claim to be entitled to the order sought, and sufficient information to inform the court of the facts relied on in support of the application (including the age of the minor and your relationship to the minor); or

(b)

complete a statement in support as set out below.

*Affidavit in support

I rely on the content of the affidavit dated [specify date] filed in support of this application.

or

*Statement in support

I say: [set out sufficient particulars to show the grounds on which you claim to be entitled to the order sought, and sufficient information to inform the court of the facts relied on in support of the application (including the age of the minor and your relationship to minor)].

*Application to be appointed representative of person lacking capacity

I, [full name], apply (*without notice) for an order appointing me as representative of [full name of person to be represented], the specified person, on the following grounds:

(a)

the specified person is eligible to apply for a (*protection order) (*property order):

*(b)

the specified person lacks, wholly or partly, the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to (*his) (*her) personal care and welfare:

or

*(b)

the specified person has the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to (*his) (*her) personal care and welfare, but wholly lacks the capacity to communicate decisions in respect of such matters:

(c)

an application for a (*protection order) (*property order) must be made, on the specified person’s behalf, by a representative because—

*(i)

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

*(ii)

although a person has power, under an appointment made under the Protection of Personal and Property Rights Act 1988, to make the application on the specified person’s behalf, that person has refused or failed to do so; or

*(iii)

the specified person is a minor who is under the age of 16 years:

(d)

I am an adult, I am not under disability, and there is unlikely to be any conflict between my interests and the interests of the specified person.

Affidavit/statement in support

You must—

(a)

file an affidavit containing sufficient particulars to show the grounds on which you claim to be entitled to the order sought, and sufficient information to inform the court of the facts relied on in support of the application (including the reasons for believing that the specified person lacks capacity); or

(b)

complete a statement in support as set out below.

*Affidavit in support

I rely on the content of the affidavit dated [specify date] filed in support of this application.

or

*Statement in support

I say: [set out sufficient particulars to show the grounds on which you claim to be entitled to the order sought, and sufficient information to inform the court of the facts relied on in support of the application (including the reasons for believing that the specified person lacks capacity)].

*Application to be appointed representative of person unable to make application personally

I, [full name], apply without notice for an order appointing me as representative of [full name of person to be represented], the specified person, on the following grounds:

(a)

the specified person is eligible to apply for a (*protection order) (*property order):

(b)

the specified person is unable to make the application personally:

(c)

it is desirable that (*the protection order) (*the property order) be sought on an application without notice:

(d)

reasonable steps have been taken to ascertain the wishes of the specified person in relation to this application, (*and those wishes have been ascertained) (*but those wishes have not been able to be ascertained):

*(e)

the specified person—

*(i)

does not object to my appointment; or

*(ii)

objects to my appointment, but that objection is not freely made:

(f)

it is in the best interests of the specified person to make this appointment:

(g)

I am an adult, I am not under disability, and there is unlikely to be any conflict between my interests and the interests of the specified person.

Affidavit/statement in support

You must—

(a)

file an affidavit containing sufficient particulars to show the grounds on which you claim to be entitled to the order sought, and sufficient information to inform the court of the facts relied on in support of the application (including the reasons for believing that the specified person is unable to make the application personally); or

(b)

complete a statement in support as set out below.

*Affidavit in support

I rely on the content of the affidavit dated [specify date] filed in support of this application.

or

*Statement in support

I say: [set out sufficient particulars to show the grounds on which you claim to be entitled to the order sought, and sufficient information to inform the court of the facts relied on in support of the application (including the reasons for believing that the specified person is unable to make the application personally)].

Signature of applicant:

Date:

This application is filed by ., whose address for service is at [address].

Date of hearing

I appoint [date] at . am (pm) at the District Court at [place] for the hearing of this application.

Registrar:

Date:

*Delete or omit if inapplicable.

Notes

Advice

If you need help, consult a lawyer or contact a District Court office immediately.

Office hours

The office of the District Court is open from . to . on Mondays to Fridays inclusive.

Schedule 1 form DV 6: amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Form DV 7 Application on notice

rr 13, 16

Domestic Violence Act 1995

(General heading—Form DV 1)

I, [full name], apply for an order [state precisely the nature of the order sought] on the following grounds:

[State the grounds on which the application is made, referring to the section of the Act or the rule relied on, and following closely the wording of the section or rule].

Affidavit/statement in support

You must—

(a)

file an affidavit containing sufficient particulars to show the grounds on which you claim to be entitled to the order sought, and sufficient information to inform the court of the facts relied on in support of the application; or

(b)

complete a statement in support as set out below.

*Affidavit in support

I rely on the content of the affidavit dated [specify date] filed in support of this application.

or

*Statement in support

I say: [set out sufficient particulars to show the grounds on which you claim to be entitled to the order sought, and sufficient information to inform the court of the facts relied on in support of the application].

*Previous proceedings

The parties to this application were (*the parties) (*some of the parties) to a previous application—

*(a)
*(b)

under [specify previous enactment corresponding to Domestic Violence Act 1995]; or

*(c)

to which the Family Proceedings Rules 1981 apply,—

and that previous application was filed in a court other than the court in which this application is filed.

*The file number of that previous application is [specify].

or

*[State other information that may assist in identifying the file].

*The previous application was filed in the [name of court] Court at [place].

*I request that all documents relating to the previous application be transferred to the court in which this application is filed.

Signature of applicant:

Date:

To the Registrar

District Court

[Place]

and

To the respondent

This application is filed by ., whose address for service is at [address].

Date of hearing

I appoint [date] at . am (pm) at the District Court at [place] for the hearing of this application.

Registrar:

Date:

*Delete or omit if inapplicable.

Notes

Advice

If you need help, consult a lawyer or contact a District Court office immediately.

Office hours

The office of the District Court is open from . to . on Mondays to Fridays inclusive.

Form DV 8 Application without notice

r 17

Domestic Violence Act 1995

(General heading—Form DV 1)

I, [full name], apply without notice for an order [state precisely the nature of the order sought] on the following grounds:

[State the grounds on which the application is made, referring to the section of the Act or the rule relied on, and following closely the wording of the section or rule].

Affidavit/statement in support

You must—

(a)

file an affidavit containing sufficient particulars to show the grounds on which you claim to be entitled to the order sought, and sufficient information to inform the court of the facts relied on in support of the application; or

(b)

complete a statement in support as set out below.

*Affidavit in support

I rely on the content of the affidavit dated [specify date] filed in support of this application.

or

*Statement in support

I say: [set out sufficient particulars to show the grounds on which you claim to be entitled to the order sought, and sufficient information to inform the court of the facts relied on in support of the application].

*Previous proceedings

The parties to this application were (*the parties) (*some of the parties) to a previous application—

*(a)
*(b)

under [specify previous enactment corresponding to Domestic Violence Act 1995]; or

*(c)

to which the Family Proceedings Rules 1981 apply,—

and that previous application was filed in a court other than the court in which this application is filed.

*The file number of that previous application is [specify].

or

*[State other information that may assist in identifying the file].

*The previous application was filed in the [name of court] Court at [place].

*I request that all documents relating to the previous application be transferred to the court in which this application is filed.

Signature of applicant:

Date:

To the Registrar

District Court

[Place]

This application is filed by ., whose address for service is at [address].

*Date of hearing

The Registrar is to complete the following appointment for hearing if an appearance is necessary or required.

I appoint [date] at . am (pm) at the District Court at [place] for the hearing of this application.

Registrar:

Date:

*Delete or omit if inapplicable.

Form DV 9 Application for modification, discharge, or imposition of standard condition relating to weapons

r 18

Section 22, Domestic Violence Act 1995

I, [full name], apply (*without notice) for a variation of the (*temporary) protection order made on [date] in favour of [full name of applicant for protection order] against [full name of respondent].

I apply for the court to vary the order (*, in so far as it relates to the associated respondent,) by—

*(a)

directing that the standard condition relating to weapons is to be a condition of the order (*without modification) (*with the following modifications: [specify modifications sought]); or

*(b)

discharging the standard condition relating to weapons; or

*(c)

modifying the terms of the standard condition relating to weapons as follows: [specify modifications sought].

Affidavit/statement in support

You must—

(a)

file an affidavit containing sufficient particulars to show the grounds on which you claim to be entitled to the order sought, and sufficient information to inform the court of the facts relied on in support of the application; or

(b)

complete a statement in support as set out below.

*Affidavit in support

I rely on the content of the affidavit dated [specify date] filed in support of this application.

or

*Statement in support

I say: [set out sufficient particulars to show the grounds on which you claim to be entitled to the order sought, and sufficient information to inform the court of the facts relied on in support of the application].

Signature of applicant:

Date:

To the Registrar

District Court

[Place]

and

To (*the protected person(s))

(*The respondent) (*the associated respondent)

 

This application is filed by ., whose address for service is at [address].

*Date of hearing

The Registrar is to complete the following appointment for hearing if an appearance is necessary or required.

I appoint [date] at . am (pm) at the District Court at [place] for the hearing of this application.

Registrar:

Date:

*Delete or omit if inapplicable.

Notes

Advice

If you need help, consult a lawyer or contact a District Court office immediately.

Office hours

The office of the District Court is open from . to . on Mondays to Fridays inclusive.

Form DV 10 Notice to respondent or associated respondent

r 30(b)

Domestic Violence Act 1995

No:

In the District Court at:

To:
Notification of application for order

[Full name], the applicant, has filed an application in this court.

A copy of the application is attached. The order or orders sought are specified in the application.

The applicant’s address for service is [address].

Notice of defence

If you wish to defend the application, you may file a notice of defence in this office of the court at least 5 clear days before the date of the hearing. In some cases, an affidavit must be filed with the notice of defence.

If you file a notice of defence, you must serve a copy of the notice of defence on the other party to the proceedings. That copy may be delivered to the address for service given by the applicant.

You should note that if you do not file and serve a notice of defence and an affidavit (if required) at least 5 clear days before the date of the hearing you may not be able to defend the application. On the day of the hearing of the application, should you appear, the Judge may—

(a)

allow you to take part in the hearing of the application only on such terms as the Judge thinks fit; or

(b)

decline to allow you to take part.

You should also note that the Judge may make an order against you for costs properly incurred as a consequence of your failure to file and serve a notice of defence and an affidavit (if required) within time.

Address for service

If you do not wish to defend the application but you do wish to know what is happening, you should—

(a)

file in this office of the court a notice giving the address of a place in New Zealand at which documents can be left for you; and

(b)

serve a copy of the notice on the other party to the proceedings. That copy may be delivered to the address for service given by the applicant.

Assistance

If you wish, a lawyer will prepare a notice of defence for you. If you want a lawyer but think you cannot afford one, you should contact an office of the District Court immediately. You may also see an example of the form of the notice of defence at any office of the District Court.

Copies of orders

You will get copies of any orders made against you. However, any order will probably be in force from the time it is made. The fact that you have not got a copy of the order will not be an excuse for not obeying it.

Advice

If you need help, consult a lawyer or contact a District Court office immediately.

Office hours

The office of the District Court is open from . to . on Mondays to Fridays inclusive.

Registrar:

Date:

Schedule 1 form DV 10: amended, on 3 August 2009, by rule 6 of the Domestic Violence Amendment Rules 2009 (SR 2009/189).

Form DV 11 Notice of defence

r 31

Domestic Violence Act 1995

(General heading—Form DV 1)

I, [full name], of [address], [occupation], the (*respondent) (*associated respondent), give notice that I intend to defend the application for [specify the order(s)].

Affidavit/statement in support

If this notice is filed in respect of an application for a protection order or a property order, you must file with the notice an affidavit setting out sufficient particulars to indicate the grounds on which the defence is based, and sufficient information to inform the court of the facts relied on in support of the defence. The affidavit should cover the matters set out below in relation to a statement in support.

If this notice relates to another kind of application, you must—

(a)

file an affidavit setting out sufficient particulars to indicate the grounds on which the defence is based, and sufficient information to inform the court of the facts relied on in support of the defence. The affidavit should cover the matters set out below in relation to a statement in support; or

(b)

complete a statement in support as set out below.

*Affidavit in support

I rely on the content of the affidavit dated [specify date] filed in support of this application.

or

*Statement in support

I say, in answer to the applicant:

1

[State whether the facts given in the application are accepted or rejected. If any facts are rejected, state reasons].

2

[Set out sufficient particulars to indicate the grounds on which the defence is based, and sufficient information to inform the court of the facts relied on in support of the defence].

3

[Set out any other facts relating to the application or to the circumstances that have existed or are existing between the parties that the court should be told about].

Signature:

(*Respondent) (*associated respondent)

Date:

To the Registrar

District Court

[Place]

and

To the applicant

(*The respondent) (*the associated respondent)

This notice is filed by ., whose address for service is at [address].

*Delete or omit if inapplicable.

Form DV 12 Notice of intention to appear

r 32

Section 76, Domestic Violence Act 1995

(General Heading—Form DV 1)

I, [full name], of [address], [occupation], the (*respondent) (*associated respondent), give notice that I wish to be heard on whether a final order should be substituted for the following temporary order/s made on [date]:

*Protection order:

*Occupation order:

*Tenancy order:

*Ancillary furniture order:

*Furniture order.

Affidavit in support

You must file an affidavit with this notice. The affidavit should—

(a)

set out sufficient particulars to indicate the reasons for giving notice; and

(b)

state whether the facts given in the affidavit in support of the application are accepted or rejected. If any facts are rejected, state reasons; and

(c)

set out any other facts relating to the application or to the circumstances that have existed or are existing between the parties that the court should be told about.

I rely on the content of the affidavit dated [specify date] filed in support of this notice.

Signature:

(*Respondent) (*associated respondent)

Date:

To the Registrar

District Court

[Place]

and

To the applicant

(*The respondent) (*the associated respondent)

This notice is filed by ., whose address for service is at [address].

*Delete or omit if inapplicable.
Date of hearing

I appoint [date] at . am (pm) at the District Court at [place] for the hearing.

Registrar:

Date:

Form DV 13 Notice by advertisement

r 59(3)

Domestic Violence Act 1995

In the District Court

at [place]

To [full name of respondent or associated respondent], [occupation], formerly of [address].

[Full name of applicant] has filed an application against you for the following orders: [state orders applied for].

A copy of the application, with a notice containing information for you, may be obtained from my office.

The application has been set down for hearing on [date].

Registrar:

Date:

Any person knowing the whereabouts of [full name] is asked to bring this notice to his/her attention.

Form DV 14 Affidavit of service

r 60

Domestic Violence Act 1995

(General heading—Form DV 1)

I [full name], of [address], [occupation], *swear *affirm:

1

On [date] I served on [full name], (*the respondent) (*the associated respondent), a copy of [specify document] annexed to this affidavit and marked with the letter “A” by delivering it to *him/*her personally at [address].

or

1

On [date] at [time—see rule 60(3)] I served on [full name], (*the respondent) (*the associated respondent), a copy of the (*temporary protection order) (*final protection order) annexed to this affidavit and marked with the letter “A” by delivering it to (*the respondent) (*the associated respondent) personally at [address].

2

At the same time I served on (*the respondent) (*associated respondent) a copy of [specify document] annexed to this affidavit and marked with the letter “B” by delivering it to *him/*her personally at [address].

3

(*The respondent) (*the associated respondent) is personally known to me by reason of the following facts: [state the facts establishing personal knowledge].

or

3

(*The respondent) (*the associated respondent) is not personally known to me, but I believe that the person served by me is (*the respondent) (*the associated respondent) by reason of the following facts: [state the facts on which the deponent relies].

Signature of deponent:

*Sworn *affirmed at [place, date], before me—

Signature:

*(Deputy) Registrar

*Solicitor of the High Court

*Justice of the Peace

*Delete or omit if inapplicable.

Form DV 15 Summons to appear as witness/appear before court

rr 77, 88

Section 82, Domestic Violence Act 1995

(General heading—Form DV 1)

To: [full name], of [address], [occupation].

*Summons to appear as witness

(*An application has been made by [full name], the applicant, against [full name], the respondent, for the following order(s): [specify nature of order(s) sought].)

(*On application by [full name], the applicant, against [full name], the respondent, the court has made the following temporary order: [specify order made].)

(*A hearing is to be held to decide—

*(a)

whether the order(s) sought should be made; or

*(b)

whether a final order should be substituted for the temporary order; or

*(c)

whether specified parts of the order made or sought should be part of a final order.)

I believe that you are capable of giving evidence that may assist the court.

*Summons to appear before court

*On [date] the court directed you to undertake an assessment and attend a non-violence programme.

The service provider to whom you have been referred has notified the Registrar that you have failed to comply with that direction [set out nature of non-compliance].

You are summoned to appear (*as a witness) at the hearing at .am (pm) on [date] at the District Court at [place].

Registrar:

Date:

Notes

Failure to appear

If (*, having been tendered or paid allowances and travelling expenses at the appropriate rate,) you fail to attend, the court may issue a warrant to arrest you and bring you before the court.

If, without sufficient cause, you refuse or fail to attend, you may be prosecuted and fined.

Advice

If you need help, consult a lawyer or contact a District Court office immediately.

Office hours

The office of the District Court is open from . to . on Mondays to Fridays inclusive.

*Delete or omit if inapplicable.

Schedule 1 form DV 15: amended, on 1 October 2014, by rule 16(2) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Schedule 1 form DV 15: amended, on 1 October 2014, by rule 16(3) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Form DV 16 Temporary protection order

r 9

Section 14, Domestic Violence Act 1995

(General heading—Form DV 1)

Upon application without notice the court makes a temporary protection order against [full name], the respondent.

*Order to apply against other person(s) (associated respondent(s))

*The court also directs that the order applies against the following person(s):

[Full name of each person in respect of whom the court makes a direction under section 17(1) of the Act].

Person(s) protected by the order (protected person(s))

This order protects the following person(s):

[Full name of applicant]:

*[Full name of each child of the applicant’s family]:

*The court also directs that the order applies for the benefit of the following person(s):

[Full name of each person in respect of whom the court makes a direction under section 16(2) of the Act].

Conditions of order
(a)

Standard conditions prohibiting domestic violence and contact

It is a condition of this order that—

1

The respondent, and any associated respondent, must not—

(a)

physically or sexually abuse any protected person; or

(b)

threaten to physically or sexually abuse any protected person; or

(c)

damage, or threaten to damage, property of any protected person; or

(d)

engage, or threaten to engage, in other behaviour, including intimidation or harassment, which amounts to psychological abuse of any protected person; or

(e)

encourage any person to engage in behaviour against any protected person, where the behaviour, if engaged in by the respondent or any associated respondent, would be prohibited by the order:

2

Unless the protected person and the respondent or associated respondent are living in the same dwellinghouse with the express consent** of the protected person (which may be withdrawn at any time), the respondent or associated respondent must not—

(a)

watch, loiter near, or prevent or hinder access to or from, any protected person’s place of residence, business, employment, educational institution, or any other place that any protected person visits often; or

(b)

follow any protected person about or stop or accost any protected person in any place; or

(c)

without the protected person’s express consent**, enter or remain on any land or building occupied by any protected person; or

(d)

where any protected person is present on any land or building, enter or remain on that land or building in circumstances that constitute a trespass; or

(e)

make any other contact with any protected person (whether by telephone, electronic message, correspondence, or otherwise), except such contact—

(i)

as is reasonably necessary in any emergency; or

(ii)

as is permitted under any order or written agreement relating to custody of, or access to, any minor; or

(iii)

as is permitted under any special condition of this protection order; or

(iv)

as is necessary for the purposes of attending a family group conference under the Children, Young Persons, and Their Families Act 1989; or

(v)

as is necessary for the purposes of attending a settlement conference convened under section 46Q of the Care of Children Act 2004.

**The court may specify, in a special condition of a protection order, a person who may consent or withdraw consent on a protected person’s behalf

(b)

Standard conditions relating to weapons

It is also a condition of this order that the respondent, and any associated respondent,—

(a)

must not possess, or have under his or her control, any weapon; and

(b)

must not hold a firearms licence; and

(c)

must,—

(i)

as soon as practicable after being served with a copy of this order, but in any case no later than 24 hours after such service; and

(ii)

on demand made, at any time, by any member of the Police,—

surrender to a member of the Police—

(iii)

any weapon in his or her possession, or under his or her control, whether or not the weapon is lawfully in his or her possession or under his or her control; and

(iv)

any firearms licence held by him or her.

Note: Weapon means any firearm, airgun, pistol, restricted weapon, ammunition, or explosive, as those terms are defined in the Arms Act 1983.

*(c)

Special conditions

The court also imposes the following special conditions: [set out any special conditions imposed].

Unless otherwise stated, these conditions last for the duration of this order.

*(d)

Attendance at assessment and non-violence programme

The court directs [full name of respondent] to undertake an assessment and attend a non-violence programme.

The Registrar of the court will arrange for the respondent to be referred to a service provider, and the respondent must meet with the service provider so that the service provider may—

(a)

undertake an assessment of the respondent; and

(b)

determine whether there is an appropriate non-violence programme for the respondent to attend.

If there is an appropriate non-violence programme for the respondent to attend, the service provider of that programme will settle in writing with the respondent—

(a)

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

(b)

the place, date, and time of the first programme session, and all subsequent programme sessions, that the respondent must attend; and

(c)

any other terms of attendance.

Registrar:

Date:

*Direction that hearing be held

The court directs that there be a hearing in relation to (*the whole of this order) (*the following parts of this order: [specify parts]).

*Date of hearing

I appoint [date] at . am (pm) at the District Court at [place] for this hearing.

Registrar:

Date:

*Delete or omit if inapplicable.

Important information for respondent/associated respondent

Effect of temporary protection order

The applicant has made an application to the court for a protection order, and this order has been made without notice first being given to you. A copy of the application and related papers—

*(a)

accompany this order; or

*(b)

will be served on you shortly; or

*(c)

may be obtained from (*the court that made the order) (*[specify place]).

This order is a temporary order.

(*If you do nothing after being served, this order will automatically become a final order 3 months after the date on which it was made. The final order will come into effect immediately. If you wish to dispute this temporary protection order, you must notify the court as soon as possible.)

(*The court has directed that a hearing be held in relation to (*the whole of this order) (*specified parts of this order).

This hearing will take place whether or not you wish to appear. If you wish to dispute any part of the order, you must notify the court as soon as possible.

If you do nothing, (*the court may make a final order in your absence) (*the parts of the order in relation to which a hearing is not required will become final 3 months after the date on which this order was made, and the court may confirm the other parts of the order at the hearing.))

Effect of standard condition relating to weapons

The effect of this condition is that any firearms licence held by you is automatically suspended as soon as this order is made. If the order becomes final, the licence is automatically revoked. However, you can apply to the court to modify or discharge this condition (see below).

If you do not surrender to the Police all weapons in your possession or under your control, and your firearms licence, within 24 hours after being served with this order, or on demand made by a member of the Police, the Police can use their powers under the Arms Act 1983 to enter your property without warrant and search for and seize the weapons. You may also be prosecuted for failing to comply with this order (see below).

*Objection to direction to attend assessment and non-violence programme

The court has directed you to undertake an assessment and attend a non-violence programme.

You have 10 working days after you have been served with this order to notify the Family Court at [place] if you object to that direction.

If you do not make an objection within that period and then fail without reasonable excuse to comply with the direction, you may be prosecuted. (See Consequences of failing to comply with direction below.)

Prohibition on contact with a protected person

The effect of this order is to prohibit you from having contact with any protected person in any of the ways set out in the order. This order may also contain special conditions relating to contact between you and a protected person. You should read the terms of the order very carefully to find out what contact you may or may not have with any protected person.

If the protected person has expressly consented to living in the same dwellinghouse with you, the prohibition on contact, and any special condition that is inconsistent with living in the same dwellinghouse, are suspended.

The protected person may withdraw that consent at any time. If that happens (and this order has not in the meantime been discharged or varied), you must comply with all the standard conditions and special conditions of the order.

Note that the special conditions of this order may specify who is entitled to consent (or withdraw consent) on behalf of a protected person.

If a child of the applicant’s family attains the age of 17 and continues to ordinarily or periodically reside with the applicant, then that adult child continues to be a protected person under this order.

If the applicant dies, this order continues to apply for the benefit of the other protected persons until it lapses or is discharged. In the case of a protected person who at the time of the applicant’s death was a child of the applicant’s family, the order continues to apply to that person until he or she attains the age of 17, unless it sooner lapses or is discharged.

*Notification of safety concerns for protected persons

If following an assessment or at any time during your attendance at a non-violence programme a service provider has concerns about the safety of a protected person, the service provider must without delay notify the Registrar of the court about those concerns.

Modification or discharge of this order

You (or any other party) can apply to the court at any time—

(a)

for the modification or discharge of the standard condition relating to weapons. (The court may make a change to this standard condition only if it is satisfied that the condition, or a term of the condition, is not needed to protect the persons for whose benefit this order applies from further domestic violence):

(b)

for a variation or discharge of any special conditions of this order, or for the imposition of a new special condition:

(c)
[Revoked]

(d)

for this order to be discharged.

You or the applicant may apply to the Family Court for a variation or discharge of a direction to undertake an assessment and attend a non-violence programme, or for such a direction to be made.

Consequences of a breach of this order

You commit an offence if you breach the order by—

(a)

doing an act in contravention of this order; or

(b)

failing to comply with any condition in this order.

You have a defence to proceedings for this offence if you can prove that you had a reasonable excuse for breaching the order.

The maximum penalty for this offence is 3 years’ imprisonment.

If a constable has good cause to suspect that you have breached this order, you may be arrested without warrant. Police bail is not available during the 24 hours immediately following an arrest. During that period, any bail application must be made to a Judge.

*Consequences of failing to comply with direction

You commit an offence if, without reasonable excuse, you fail on any occasion to comply with a direction to undertake an assessment and attend a non-violence programme.

The maximum penalty for this offence is 6 months’ imprisonment or a fine not exceeding $5,000.

Advice

If you need help, consult a lawyer or contact a District Court office immediately.

Office hours

The office of the District Court is open from . to . on Mondays to Fridays inclusive.

*Delete or omit if inapplicable.

Important information for protected persons

Effect of temporary protection order

This order has been made without notice first being given to the respondent.

This order is a temporary order.

(*If the respondent or associated respondent does nothing after being served, this order will automatically become a final order 3 months after the date on which it was made and will come into effect immediately. You will then be sent a copy of the final order. The respondent or associated respondent may, however, give notice that he or she wishes to dispute this order. In that case, a hearing will be held and you will be notified of the hearing date.)

(*The court has directed that a hearing be held in relation to (*the whole of this order) (*specified parts of this order).

You are entitled to appear or be represented at the hearing to present your case to satisfy the court that (*the order should be made final) (*the parts of the order in relation to which the hearing is required should be part of the final order. If the respondent does nothing, the parts of the order in relation to which a hearing is not required will become final 3 months after the date on which this order was made, and the court may confirm the other parts of the order at the hearing.))

Respondent/associated respondent prohibited from contact with you

The effect of this order is to prohibit the respondent or associated respondent from having contact with you in any of the ways set out in the order. This order may also contain special conditions relating to contact between you and the respondent or associated respondent.

If you expressly consent to living in the same dwellinghouse with the respondent or associated respondent, the prohibition on contact, and any special condition that is inconsistent with living in the same dwellinghouse, are suspended.

You may withdraw that consent at any time. If that happens (and this order has not in the meantime been discharged or varied), the respondent or associated respondent must comply with all the standard conditions and special conditions of the order.

Note that the special conditions of this order may specify who is entitled to consent (or withdraw consent) on behalf of a protected person.

Standard condition relating to weapons

The effect of this condition is that any firearms licence held by the respondent or associated respondent is automatically suspended as soon as this order is made. If the order becomes final, the licence is automatically revoked. However, this condition may be modified or discharged by the court (see below).

Attendance at safety programme

If you have requested a referral to a safety programme, you will be contacted by a service provider in the near future.

If you wish to request a referral for yourself or for 1 or more children of your family or for any other persons protected by the protection order, you may do so by contacting the Registrar.

Modification or discharge of this order

You (or any other party, including the respondent or associated respondent) can apply to the court at any time—

(a)

for the modification or discharge of the standard condition relating to weapons. (The court may make a change to this standard condition only if it is satisfied that the condition, or a term of the condition, is not needed to protect the persons for whose benefit this order applies from further domestic violence):

(b)

for a variation or discharge of any special conditions of this order, or for the imposition of a new special condition:

(c)
[Revoked]

(d)

for this order to be discharged.

If you are the applicant, then either you or the respondent may apply to a Family Court at any time for the variation or discharge of a direction that the respondent undertake an assessment and attend a non-violence programme, or for such a direction to be made.

If the respondent or associated respondent makes any of these applications, you will be notified and have an opportunity to dispute the application.

Consequences of a breach of this order

The respondent or associated respondent commits an offence if he or she—

(a)

does any act in contravention of this order; or

(b)

fails to comply with any condition in this order.

The respondent or associated respondent will have a defence to proceedings for this offence if it can be proved that he or she had a reasonable excuse for breaching the order.

The maximum penalty for this offence is 3 years’ imprisonment.

If a constable has good cause to suspect that the respondent or associated respondent has breached the order, the respondent or associated respondent may be arrested without warrant. Police bail is not available during the 24 hours immediately following an arrest. During that period, any bail application must be made to a Judge.

*Consequences of failing to comply with direction

The respondent or associated respondent commits an offence if, without reasonable excuse, he or she fails on any occasion to comply with a direction to undertake an assessment and attend a non-violence programme.

The maximum penalty for this offence is 6 months’ imprisonment or a fine not exceeding $5,000.

Advice

If you need help, consult a lawyer or contact a District Court office immediately.

Office hours

The office of the District Court is open from . to . on Mondays to Fridays inclusive.

*Delete or omit if inapplicable.

Schedule 1 form DV 16: amended, on 1 October 2014, by rule 17(2) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Schedule 1 form DV 16: amended, on 1 October 2014, by rule 17(3) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Schedule 1 form DV 16: amended, on 1 October 2014, by rule 17(4) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Schedule 1 form DV 16: amended, on 1 October 2014, by rule 17(5) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Schedule 1 form DV 16: amended, on 1 October 2014, by rule 17(6) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Schedule 1 form DV 16: amended, on 1 October 2014, by rule 17(7) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Schedule 1 form DV 16: amended, on 1 October 2014, by rule 17(8) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Schedule 1 form DV 16: amended, on 1 October 2014, by rule 17(9) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Schedule 1 form DV 16: amended, on 1 October 2014, by rule 17(10) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Schedule 1 form DV 16: amended, on 1 October 2014, by rule 17(11) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Schedule 1 form DV 16: amended, on 1 October 2014, by rule 17(12) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Schedule 1 form DV 16: amended, on 1 October 2014, by rule 17(13) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Schedule 1 form DV 16: amended, on 1 October 2014, by rule 17(14) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Schedule 1 form DV 16: amended, on 1 October 2014, by rule 17(15) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Schedule 1 form DV 16: amended, on 1 October 2014, by rule 17(16) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Schedule 1 form DV 16: amended, on 17 November 2011, by rule 5(1) of the Domestic Violence Amendment Rules 2011 (SR 2011/348).

Schedule 1 form DV 16: amended, on 17 November 2011, by rule 5(4) of the Domestic Violence Amendment Rules 2011 (SR 2011/348).

Schedule 1 form DV 16: amended, on 17 November 2011, by rule 5(5) of the Domestic Violence Amendment Rules 2011 (SR 2011/348).

Schedule 1 form DV 16: amended, on 28 October 2009, by section 10 of the Domestic Violence Amendment Act 2009 (2009 No 43).

Form DV 17 Protection order

r 9

Section 14, Domestic Violence Act 1995

(General heading—Form DV 1)

*Upon application the court makes a protection order against [full name], the respondent.

*Upon application without notice the court made a temporary protection order against [full name], the respondent on [date], which order is now final (*in whole) (*in part) (*with modifications) (*without modification).

*Order to apply against other person(s) (associated respondent(s))

*The court also directs that the order applies against the following person(s):

[Full name of each person in respect of whom the court makes a direction under section 17(1) of the Act].

Person(s) protected by the order (protected person(s))

This order protects the following person(s):

[Full name of applicant]:

*[Full name of each child of the applicant’s family]:

*The court also directs that the order applies for the benefit of the following person(s):

[Full name of each person in respect of whom the court makes a direction under section 16(2) of the Act].

Conditions of order
(a)

Standard conditions prohibiting domestic violence and contact

It is a condition of this order that—

1

The respondent, and any associated respondent, must not—

(a)

physically or sexually abuse any protected person; or

(b)

threaten to physically or sexually abuse any protected person; or

(c)

damage, or threaten to damage, property of any protected person; or

(d)

engage, or threaten to engage, in other behaviour, including intimidation or harassment, which amounts to psychological abuse of any protected person; or

(e)

encourage any person to engage in behaviour against any protected person, where the behaviour, if engaged in by the respondent or any associated respondent, would be prohibited by the order:

2

Unless the protected person and the respondent or associated respondent are living in the same dwellinghouse with the express consent** of the protected person (which may be withdrawn at any time), the respondent or associated respondent must not—

(a)

watch, loiter near, or prevent or hinder access to or from, any protected person’s place of residence, business, employment, educational institution, or any other place that any protected person visits often; or

(b)

follow any protected person about or stop or accost any protected person in any place; or

(c)

without the protected person’s express consent**, enter or remain on any land or building occupied by any protected person; or

(d)

where any protected person is present on any land or building, enter or remain on that land or building in circumstances that constitute a trespass; or

(e)

make any other contact with any protected person (whether by telephone, electronic message, correspondence, or otherwise), except such contact—

(i)

as is reasonably necessary in any emergency; or

(ii)

as is permitted under any order or written agreement relating to custody of, or access to, any minor; or

(iii)

as is permitted under any special condition of this protection order; or

(iv)

as is necessary for the purposes of attending a family group conference under the Children, Young Persons, and Their Families Act 1989; or

(v)

as is necessary for the purposes of attending a settlement conference convened under section 46Q of the Care of Children Act 2004.

**The court may specify, in a special condition of a protection order, a person who may consent or withdraw consent on a protected person’s behalf

*(b)

Standard conditions relating to weapons

It is also a condition of this order that the respondent, and any associated respondent,—

(a)

must not possess, or have under his or her control, any weapon; and

(b)

must not hold a firearms licence; and

(c)

must,—

(i)

as soon as practicable after being served with a copy of this order, but in any case no later than 24 hours after such service; and

(ii)

on demand made, at any time, by any member of the Police,—

surrender to a member of the Police—

(iii)

any weapon in his or her possession, or under his or her control, whether or not the weapon is lawfully in his or her possession or under his or her control; and

(iv)

any firearms licence held by him or her.

Note: Weapon means any firearm, airgun, pistol, restricted weapon, ammunition or explosive, as those terms are defined in the Arms Act 1983.

Where the court has modified the terms of the standard condition relating to weapons, or directed that the standard condition relating to weapons not be a condition of the order (whether absolutely or only in so far as the order relates to the respondent or associated respondent), set out the terms of the court’s decision.

*(c)

Special conditions

The court also imposes the following special conditions: [set out any special conditions imposed].

Unless otherwise stated, these conditions last for the duration of this order.

*(d)

Attendance at assessment and non-violence programme

The court directs [full name of respondent] to undertake an assessment and attend a non-violence programme.

The Registrar of the court will arrange for the respondent to be referred to a service provider, and the respondent must meet with the service provider so that the service provider may—

(a)

undertake an assessment of the respondent; and

(b)

determine whether there is an appropriate non-violence programme for the respondent to attend.

If there is an appropriate non-violence programme for the respondent to attend, the service provider of that programme will settle in writing with the respondent—

(a)

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

(b)

the place, date, and time of the first programme session, and all subsequent programme sessions, that the respondent must attend; and

(c)

any other terms of attendance.

Registrar:

Date:

*Delete or omit if inapplicable.

Important information for respondent/associated respondent

Effect of protection order

This order is a final protection order that lasts indefinitely. Certain conditions of this order may have a limited duration.

*Effect of standard condition relating to weapons

*The effect of this condition is that any firearms licence held by you is automatically revoked.

*If you have not already done so, you must surrender to the Police all weapons in your possession or under your control, and your firearms licence, within 24 hours after being served with this order or on demand made by a member of the Police. If you do not, the Police can use their powers under the Arms Act 1983 to enter your property without warrant and search for and seize the weapons. You may also be prosecuted for failing to comply with this order (see below).

*This order may permit you to have in your possession, or under your control, a specified weapon, or weapons of a specified class, either unconditionally or subject to certain conditions. You may also be permitted to hold a firearms licence. You are in breach of this order if you possess weapons, or have weapons under your control, other than as permitted by this order.

*Objection to direction to attend assessment and non-violence programme

The court has directed you to undertake an assessment and attend a non-violence programme.

You have 10 working days after you have been served with this order to notify the Family Court at [place] if you object to that direction.

If you do not make an objection within that period and then fail without reasonable excuse to comply with the direction, you may be prosecuted. (See Consequences of failing to comply with direction below.)

Prohibition on contact with a protected person

The effect of this order is to prohibit you from having contact with any protected person in any of the ways set out in the order. This order may also contain special conditions relating to contact between you and a protected person. You should read the terms of the order very carefully to find out what contact you may or may not have with any protected person. If the protected person has expressly consented to living in the same dwellinghouse with you, the prohibition on contact, and any special condition that is inconsistent with living in the same dwellinghouse, are suspended.

The protected person may withdraw that consent at any time. If that happens (and this order has not in the meantime been discharged or varied), you must comply with all the standard conditions and special conditions of the order.

Note that the special conditions of this order may specify who is entitled to consent (or withdraw consent) on behalf of a protected person.

If a child of the applicant’s family attains the age of 17 and continues to ordinarily or periodically reside with the applicant, then that adult child continues to be a protected person under this order.

If the applicant dies, this order continues to apply for the benefit of the other protected persons until it lapses or is discharged. In the case of a protected person who at the time of the applicant’s death was a child of the applicant’s family, the order continues to apply to that person until he or she attains the age of 17, unless it sooner lapses or is discharged.

*Notification of safety concerns for protected persons

If following an assessment or at any time during your attendance at a non-violent programme a service provider has concerns about the safety of a protected person, the service provider must without delay notify the Registrar of the court about those concerns.

Modification or discharge of this order

You (or any other party) can apply to the court at any time—

(a)

for the modification or discharge of the standard condition relating to weapons. (The court may make a change to this standard condition only if it is satisfied that the condition, or a term of the condition, is not needed to protect the persons for whose benefit this order applies from further domestic violence):

(b)

for a variation or discharge of any special conditions of this order, or for the imposition of a new special condition:

(c)
[Revoked]

(d)

for this order to be discharged.

You or the applicant may apply to the Family Court for a variation or discharge of a direction to undertake an assessment and attend a non-violence programme, or for such a direction to be made.

Consequences of a breach of this order

You commit an offence if you breach the order by—

(a)

doing an act in contravention of this order; or

(b)

failing to comply with any condition in this order.

You have a defence to proceedings for this offence if you can prove that you had a reasonable excuse for breaching the order.

The maximum penalty for this offence is 3 years’ imprisonment.

If a constable has good cause to suspect that you have breached this order, you may be arrested without warrant. Police bail is not available during the 24 hours immediately following an arrest. During that period, any bail application must be made to a Judge.

*Consequences of failing to comply with direction

You commit an offence if, without reasonable excuse, you fail on any occasion to comply with a direction to undertake an assessment and attend a non-violence programme.

The maximum penalty for this offence is 6 months’ imprisonment or a fine not exceeding $5,000.

Advice

If you need help, consult a lawyer or contact a District Court office immediately.

Office hours

The office of the District Court is open from . to . on Mondays to Fridays inclusive.

*Delete or omit if inapplicable.

Important information for protected persons

Effect of protection order

This order is a final protection order that lasts indefinitely. Certain conditions of this order may have a limited duration.

Respondent/associated respondent prohibited from contact with you

The effect of this order is to prohibit the respondent or associated respondent from having contact with you in any of the ways set out in the order. This order may also contain special conditions relating to contact between you and the respondent or associated respondent.

If you expressly consent to living in the same dwellinghouse with the respondent or associated respondent, the prohibition on contact, and any special condition that is inconsistent with living in the same dwellinghouse, are suspended.

You may withdraw that consent at any time. If that happens (and this order has not in the meantime been discharged or varied), the respondent or associated respondent must comply with all the standard conditions and special conditions of the order.

Note that the special conditions of this order may specify who is entitled to consent (or withdraw consent) on behalf of a protected person.

Attendance at safety programme

If you have requested a referral to a safety programme, you will be contacted by a service provider in the near future.

If you wish to request a referral for yourself or for 1 or more children of your family or for any other persons protected by the protection order, you may do so by contacting the Registrar.

Modification or discharge of this order

You (or any other party, including the respondent or associated respondent) can apply to the court at any time—

(a)

for the modification or discharge of the standard condition relating to weapons. (The court may make a change to this standard condition only if it is satisfied that the condition, or a term of the condition, is not needed to protect the persons for whose benefit this order applies from further domestic violence):

(b)

for a variation or discharge of any special conditions of this order, or for the imposition of a new special condition:

(c)
[Revoked]

(d)

for this order to be discharged.

If you are the applicant, then either you or the respondent may apply to a Family Court at any time for the variation or discharge of a direction that the respondent undertake an assessment and attend a non-violence programme, or for such a direction to be made.

If the respondent or associated respondent makes any of these applications, you will be notified and have an opportunity to dispute the application.

Consequences of a breach of this order

The respondent or associated respondent commits an offence if he or she—

(a)

does any act in contravention of this order; or

(b)

fails to comply with any condition in this order.

The respondent or associated respondent will have a defence to proceedings for this offence if it can be proved that he or she had a reasonable excuse for breaching the order.

The maximum penalty for this offence is 3 years’ imprisonment.

If a constable has good cause to suspect that the respondent or associated respondent has breached the order, the respondent or associated respondent may be arrested without warrant. Police bail is not available during the 24 hours immediately following an arrest. During that period, any bail application must be made to a Judge.

*Consequences of failing to comply with direction

The respondent or associated respondent commits an offence if, without reasonable excuse, he or she fails on any occasion to comply with a direction to undertake an assessment and attend a non-violence programme.

The maximum penalty for this offence is 6 months’ imprisonment or a fine not exceeding $5,000.

Advice

If you need help, consult a lawyer or contact a District Court office immediately.

Office hours

The office of the District Court is open from . to . on Mondays to Fridays inclusive.

*Delete or omit if inapplicable.

Schedule 1 form DV 17: amended, on 1 October 2014, by rule 18(2) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Schedule 1 form DV 17: amended, on 1 October 2014, by rule 18(3) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Schedule 1 form DV 17: amended, on 1 October 2014, by rule 18(4) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Schedule 1 form DV 17: amended, on 1 October 2014, by rule 18(5) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Schedule 1 form DV 17: amended, on 1 October 2014, by rule 18(6) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Schedule 1 form DV 17: amended, on 1 October 2014, by rule 18(7) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Schedule 1 form DV 17: amended, on 1 October 2014, by rule 18(8) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Schedule 1 form DV 17: amended, on 1 October 2014, by rule 18(9) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Schedule 1 form DV 17: amended, on 1 October 2014, by rule 18(10) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Schedule 1 form DV 17: amended, on 1 October 2014, by rule 18(11) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Schedule 1 form DV 17: amended, on 1 October 2014, by rule 18(12) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Schedule 1 form DV 17: amended, on 1 October 2014, by rule 18(13) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Schedule 1 form DV 17: amended, on 1 October 2014, by rule 18(14) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Schedule 1 form DV 17: amended, on 1 October 2014, by rule 18(15) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Schedule 1 form DV 17: amended, on 1 October 2014, by rule 18(16) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Schedule 1 form DV 17: amended, on 17 November 2011, by rule 6 of the Domestic Violence Amendment Rules 2011 (SR 2011/348).

Schedule 1 form DV 17: amended, on 28 October 2009, by section 10 of the Domestic Violence Amendment Act 2009 (2009 No 43).

Form DV 18 Temporary occupation order

r 9

Section 53, Domestic Violence Act 1995

(General heading—Form DV 1)

Upon application without notice the court makes a temporary occupation order against [full name], the respondent.

The court orders that [full name], the applicant, is entitled, to the exclusion of the respondent, to personally occupy the dwellinghouse at [full address], together with any land, buildings, or improvements appurtenant to the dwellinghouse which are used, or ordinarily would be used, for the purposes of a household.

*The court directs that the applicant is entitled to occupy the dwellinghouse for the period from . to .

*The court also imposes the following terms and conditions relating to the occupation of the dwellinghouse: [set out any terms and conditions imposed].

Registrar:

Date:

*Direction that hearing be held

The court directs that there be a hearing in relation to (*the whole of this order) (*the following parts of this order: [specify parts]).

Date of hearing

I appoint [date] at . am (pm) at the District Court at [place] for this hearing.

Registrar:

Date:

*Delete or omit if inapplicable.

Important information for respondent

Effect of temporary occupation order

The applicant has made an application to the court, and this order has been made without notice first being given to you. A copy of the application and related papers—

*(a)

accompany this order; or

*(b)

will be served on you shortly; or

*(c)

may be obtained from (*the court that made the order) (*[specify place]).

This order is a temporary order.

(*If you do nothing after being served, this order will (subject to notice being given to other persons with an interest in the property) automatically become a final order 3 months after the date on which it was made. If you wish to dispute this order, you must notify the court as soon as possible.)

(*The court has directed that a hearing be held in relation to (*the whole of this order) (*specified parts of this order).

This hearing will take place whether or not you wish to appear. If you wish to dispute any part of the order, you must notify the court as soon as possible.

If you do nothing (*the court may make a final order in your absence) (*the parts of the order in relation to which a hearing is not required will become final 3 months after the date on which this order was made, and the court may confirm the other parts of the order at the hearing.))

(*If another person who has an interest in the property and who has been given notice wishes to be heard, a hearing will be required even if you do not wish to be heard. In that case, you will be notified of the hearing date.)

(*If this order is made while you and the applicant are living in the same dwellinghouse, this order will expire—

(a)

on its discharge by the court (although the order may still become final, or be confirmed by the court, as set out above); or

(b)

on the discharge of a temporary protection order made in conjunction with this order; or

(c)

if no protection order has been made, and this order is not sooner discharged, 7 days after this order is made.)

Variation or discharge of this order

You (or any other party) can apply to the court at any time—

(a)

to extend or reduce the period for which this order is in force; or

(b)

to vary or discharge any terms and conditions imposed by the court; or

(c)

to discharge this order.

Consequences of breach of this order

If you breach this order by staying on the property, a warrant may be issued by a District Court authorising a bailiff or constable to remove you from the property.

If you stay or go on to the property in breach of this order, you may also commit the offence of trespass. That offence carries a maximum penalty of 3 months’ imprisonment.

Advice

If you need help, consult a lawyer or contact a District Court office immediately.

Office hours

The office of the District Court is open from . to . on Mondays to Fridays inclusive.

*Delete or omit if inapplicable.

Important information for applicant

Effect of temporary occupation order

This order has been made without notice first being given to the respondent.

This order is a temporary order.

(*If the respondent does nothing after being served, this order will (subject to notice being given to other persons with an interest in the property) automatically become a final order 3 months after the date on which it was made. You will then be sent a copy of the final order.

The respondent may, however, give notice that he or she wishes to dispute this order. In that case, a hearing will be held, and you will be notified of the hearing date.)

(*The court has directed that a hearing be held in relation to (*the whole of this order) (*specified parts of this order).

You are entitled to appear or be represented at the hearing to present your case to satisfy the court that (*the order should be made final) (*the parts of the order in relation to which the hearing is required should be part of the final order. If the respondent does nothing, then (subject to action being taken by another person with an interest in the property) the parts of the order in relation to which a hearing is not required will become final 3 months after the date on which this order was made, and the court may confirm the other parts of the order at the hearing.))

(*If another person who has an interest in the property and who has been given notice wishes to be heard, a hearing will be required, even if the respondent does not wish to be heard. In that case, you will be notified of the hearing date.)

(*If this order is made while you and the respondent are living in the same dwellinghouse, this order will expire—

(a)

on its discharge by the court (although the order may still become final, or be confirmed by the court, as set out above); or

(b)

on the discharge of a temporary protection order made in conjunction with this order; or

(c)

if no protection order has been made, and this order is not sooner discharged, 7 days after this order is made.)

Variation or discharge of this order

You (or any other party) can apply to the court at any time—

(a)

to extend or reduce the period for which this order is in force; or

(b)

to vary or discharge any terms and conditions imposed by the court; or

(c)

to discharge this order.

Consequences of breach of this order

If the respondent breaches this order by staying on the property, a warrant may be issued by a District Court authorising a bailiff or constable to remove the respondent from the property.

If the respondent stays or goes on to the property in breach of this order, the respondent may also commit the offence of trespass. That offence carries a maximum penalty of 3 months’ imprisonment.

Advice

If you need help, consult a lawyer or contact a District Court office immediately.

Office hours

The office of the District Court is open from . to . on Mondays to Fridays inclusive.

*Delete or omit if inapplicable.

Schedule 1 form DV 18: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Form DV 19 Occupation order

r 9

Section 53, Domestic Violence Act 1995

(General heading—Form DV 1)

*Upon application the court makes an occupation order against [full name], the respondent.

*Upon application without notice the court made a temporary occupation order against [full name], the respondent, on [date], which order is now final (*in whole) (*in part) (*with modifications) (*without modifications).

The court orders that [full name], the applicant, is entitled, to the exclusion of the respondent, to personally occupy the dwellinghouse at [full address], together with any land, buildings, or improvements appurtenant to the dwellinghouse which are used, or ordinarily would be used, for the purposes of a household.

*The court directs that the applicant is entitled to occupy the dwellinghouse for the period from . to .

*The court also imposes the following terms and conditions relating to the occupation of the dwellinghouse: [set out any terms and conditions imposed].

Registrar:

Date:

*Delete or omit if inapplicable.

Important information for respondent

Effect of occupation order

This order is a final occupation order that lasts for the period specified in the order or, where no period is specified, indefinitely.

Variation or discharge of this order

You (or any other party) can apply to the court at any time—

(a)

to extend or reduce the period for which this order is in force; or

(b)

to vary or discharge any terms and conditions imposed by the court; or

(c)

to discharge this order.

Consequences of breach of this order

If you breach this order by staying on the property, a warrant may be issued by a District Court authorising a bailiff or constable to remove you from the property.

If you stay or go on to the property in breach of this order, you may also commit the offence of trespass. That offence carries a maximum penalty of 3 months’ imprisonment.

Advice

If you need help, consult a lawyer or contact a District Court office immediately.

Office hours

The office of the District Court is open from . to . on Mondays to Fridays inclusive.

Important information for applicant

Effect of occupation order

This order is a final occupation order that lasts for the period specified in the order or, where no period is specified, indefinitely.

Variation or discharge of this order

You (or any other party) can apply to the court at any time—

(a)

to extend or reduce the period for which this order is in force; or

(b)

to vary or discharge any terms and conditions imposed by the court; or

(c)

to discharge this order.

Consequences of breach of this order

If the respondent breaches this order by staying on the property, a warrant may be issued by a District Court authorising a bailiff or constable to remove the respondent from the property.

If the respondent stays or goes on to the property in breach of this order, the respondent may also commit the offence of trespass. That offence carries a maximum penalty of 3 months’ imprisonment.

Advice

If you need help, consult a lawyer or contact a District Court office immediately.

Office hours

The office of the District Court is open from . to . on Mondays to Fridays inclusive.

Schedule 1 form DV 19: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Form DV 20 Temporary tenancy order

r 9

Section 57, Domestic Violence Act 1995

(General heading—Form DV 1)

Upon application without notice the court makes a temporary tenancy order against [full name], the respondent.

The court orders—

(a)

that the tenancy of the dwellinghouse at [full address] is vested in [full name], the applicant, upon and subject to the terms and conditions of the tenancy in force on [date on which order is made]; and

(b)

that the respondent ceases to be a tenant.

Registrar:

Date:

*Direction that hearing be held

The court directs that there be a hearing in relation to this order.

Date of hearing

I appoint [date] at . am (pm) at the District Court at [place] for this hearing.

Registrar:

Date:

*Delete or omit if inapplicable.

Important information for respondent

Effect of temporary tenancy order

The applicant has made an application to the court, and this order has been made without notice first being given to you. A copy of the application and related papers—

*(a)

accompany this order; or

*(b)

will be served on you shortly; or

*(c)

may be obtained from (*the court that made the order) (*[specify place]).

This order is a temporary order.

(*If you do nothing after being served, this order will (subject to notice being given to other persons with an interest in the property) automatically become a final order 3 months after the date on which it was made. If you wish to dispute this order, you must notify the court as soon as possible.)

(*The court has directed that a hearing be held in relation to this order. This hearing will take place whether or not you wish to appear. If you wish to dispute any part of the order, you must notify the court as soon as possible.

If you do nothing, the court may make a final order in your absence.)

(*If another person who has an interest in the property and who has been given notice wishes to be heard, a hearing will be required even if you do not wish to be heard. In that case, you will be notified of the hearing date.)

(*If this order is made while you and the applicant are living in the same dwellinghouse, this order will expire—

(a)

on its discharge by the court (although the order may still become final, or be substituted by a final order, as set out above); or

(b)

on the discharge of a temporary protection order made in conjunction with this order; or

(c)

if no protection order has been made, and this order is not sooner discharged, 7 days after this order is made.)

Discharge of this order

You (or any other party) can apply to the court at any time to discharge this order and revest the tenancy. The court cannot vary the terms and conditions of the tenancy itself.

Consequences of breach of this order

If you breach this order by staying on the property, a warrant may be issued by a District Court authorising a bailiff or constable to remove you from the property.

If you stay or go on to the property in breach of this order, you may also commit the offence of trespass. That offence carries a maximum penalty of 3 months’ imprisonment.

Advice

If you need help, consult a lawyer or contact a District Court office immediately.

Office hours

The office of the District Court is open from . to . on Mondays to Fridays inclusive.

*Delete or omit if inapplicable.

Important information for applicant

Effect of temporary tenancy order

This order has been made without notice first being given to the respondent.

This order is a temporary order.

(*If the respondent does nothing after being served, this order will (subject to notice being given to other persons with an interest in the property) automatically become a final order 3 months after the date on which it was made. You will then be sent a copy of the final order.

The respondent may, however, give notice that he or she wishes to dispute this order. In that case, a hearing will be held, and you will be notified of the hearing date.)

(*The court has directed that a hearing be held in relation to this order. You are entitled to appear or be represented at the hearing to present your case to satisfy the court that the order should be made final.)

(*If another person who has an interest in the property and who has been given notice wishes to be heard, a hearing will be required, even if the respondent does not wish to be heard. In that case, you will be notified of the hearing date.)

(*If this order is made while you and the respondent are living in the same dwellinghouse, this order will expire—

(a)

on its discharge by the court (although the order may still become final, or be substituted by a final order, as set out above); or

(b)

on the discharge of a temporary protection order made in conjunction with this order; or

(c)

if no protection order has been made, and this order is not sooner discharged, 7 days after this order is made.)

Discharge of this order

You (or any other party) can apply to the court at any time to discharge this order and revest the tenancy. The court cannot vary the terms and conditions of the tenancy itself.

Consequences of breach of this order

If the respondent breaches this order by staying on the property, a warrant may be issued by a District Court authorising a bailiff or constable to remove the respondent from the property.

If the respondent stays or goes on to the property in breach of this order, the respondent may also commit the offence of trespass. That offence carries a maximum penalty of 3 months’ imprisonment.

Advice

If you need help, consult a lawyer or contact a District Court office immediately.

Office hours

The office of the District Court is open from . to . on Mondays to Fridays inclusive.

*Delete or omit if inapplicable.

Schedule 1 form DV 20: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Form DV 21 Tenancy order

r 9

Section 57, Domestic Violence Act 1995

(General heading—Form DV 1)

*Upon application the court makes a tenancy order against [full name], the respondent.

*Upon application without notice the court made a temporary tenancy order against [full name], the respondent, on [date], which order is now final.

The court orders—

(a)

that the tenancy of the dwellinghouse at [full address] is vested in [full name], the applicant, upon and subject to the terms and conditions of the tenancy in force on [date on which order is made]; and

(b)

that the respondent ceases to be a tenant.

Registrar:

Date:

*Delete or omit if inapplicable.

Important information for respondent

Effect of tenancy order

This order is a final tenancy order that lasts indefinitely. The applicant becomes the tenant of the dwellinghouse to which this order relates, subject to the terms and conditions of the tenancy in force at the time this order is made. You cease to be a tenant.

Discharge of this order

You (or any other party) can apply to the court at any time to discharge this order and revest the tenancy. The court cannot vary the terms and conditions of the tenancy itself.

Consequences of breach of this order

If you breach this order by staying on the property, a warrant may be issued by a District Court authorising a bailiff or constable to remove you from the property.

If you stay or go on to the property in breach of this order, you may also commit the offence of trespass. That offence carries a maximum penalty of 3 months’ imprisonment.

Advice

If you need help, consult a lawyer or contact a District Court office immediately.

Office hours

The office of the District Court is open from . to . on Mondays to Fridays inclusive.

Important information for applicant

Effect of tenancy order

This order is a final tenancy order that lasts indefinitely. You become the tenant of the dwellinghouse to which this order relates, subject to the terms and conditions of the tenancy in force at the time this order is made. The respondent ceases to be a tenant.

Discharge of this order

You (or any other party) can apply to the court at any time to discharge this order and revest the tenancy. The court cannot vary the terms and conditions of the tenancy itself.

Consequences of breach of this order

If the respondent breaches this order by staying on the property, a warrant may be issued by a District Court authorising a bailiff or constable to remove the respondent from the property.

If the respondent stays or goes on to the property in breach of this order, the respondent may also commit the offence of trespass. That offence carries a maximum penalty of 3 months’ imprisonment.

Advice

If you need help, consult a lawyer or contact a District Court office immediately.

Office hours

The office of the District Court is open from . to . on Mondays to Fridays inclusive.

Schedule 1 form DV 21: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Form DV 22 Temporary ancillary furniture order

r 9

Section 63, Domestic Violence Act 1995

(General heading—Form DV 1)

Having made—

*(a)

an occupation order; or

*(b)

a tenancy order—

on [date] in favour of [full name], the applicant, against [full name], the respondent, the court, upon application without notice, makes a temporary ancillary furniture order.

The court orders that the applicant is entitled, to the exclusion of the respondent, to the possession of—

*(a)

all of the furniture, household appliances, and household effects in the dwellinghouse to which the (*occupation order) (*tenancy order) relates, which is situated at [full address]; or

*(b)

the following furniture, household appliances, and household effects in the dwellinghouse to which the (*occupation order) (*tenancy order) relates, which is situated at [full address]: [specify the items. It is not necessary to specify every item as long as the items to which the order relates are readily ascertainable from the terms of this order].

*The court directs that this order continues in force for . [specify duration if order made for specific period].

The court also imposes the following terms and conditions relating to the furniture, household appliances, and household effects to which this order relates: [set out any terms and conditions imposed].

Registrar:

Date:

*Direction that hearing be held

The court directs that there be a hearing in relation to (*the whole of this order) (*the following parts of this order: [specify parts]).

Date of hearing

I appoint [date] at . am (pm) at the District Court at [place] for this hearing.

Registrar:

Date:

*Delete or omit if inapplicable.

Important information for respondent

Effect of temporary ancillary furniture order

The applicant has made an application to the court, and this order has been made without notice first being given to you. A copy of the application and related papers—

*(a)

accompany this order; or

*(b)

will be served on you shortly; or

*(c)

may be obtained from (*the court that made the order) (*[specify place]).

This order is a temporary order.

(*If you do nothing after being served, this order will (subject to notice being given to other persons with an interest in the property) automatically become a final order 3 months after the date on which it was made. If you wish to dispute this order, you must notify the court as soon as possible.)

(*The court has directed that a hearing be held in relation to (*the whole of this order) (*specified parts of this order).

This hearing will take place whether or not you wish to appear. If you wish to dispute any part of the order, you must notify the court as soon as possible.

If you do nothing (*the court may make a final order in your absence) (*the parts of the order in relation to which a hearing is not required will become final 3 months after the date on which this order was made, and the court may confirm the other parts of the order at the hearing.))

(*If another person who has an interest in the property and who has been given notice wishes to be heard, a hearing will be required even if you do not wish to be heard. In that case, you will be notified of the hearing date.)

Duration of order

This order continues in force for—

*(a)

6 months from the date on which it is made; or

*(b)

[as directed by the court].

This order expires if the (*occupation order) (*tenancy order) to which this order relates expires or is discharged.

(*If this order is made while you and the applicant are living in the same dwellinghouse, this order will expire—

(a)

on its discharge by the court (although the order may still become final, or be confirmed by the court, as set out above); or

(b)

on the discharge of the (*occupation order) (*tenancy order) to which this order relates.)

Variation or discharge of this order

You (or any other party) can apply to the court at any time—

(a)

to extend or reduce any period specified by the court as the period for which this order is to be in force; or

(b)

to vary the furniture, household appliances, and household effects to which this order relates; or

(c)

to vary or discharge any terms and conditions imposed by the court; or

(d)

to discharge this order.

Consequences of breach of this order

This order may be enforced as if it were an order of the court for delivery of chattels made in the applicant’s favour. The court can make further orders to ensure compliance with this order.

Advice

If you need help, consult a lawyer or contact a District Court office immediately.

Office hours

The office of the District Court is open from . to . on Mondays to Fridays inclusive.

*Delete or omit if inapplicable.

Important information for applicant

Effect of temporary ancillary furniture order

This order has been made without notice first being given to the respondent.

This order is a temporary order.

(*If the respondent does nothing after being served, this order will (subject to notice being given to other persons with an interest in the property) automatically become a final order 3 months after the date on which it was made. You will then be sent a copy of the final order.

The respondent may, however, give notice that he or she wishes to dispute this order. In that case, a hearing will be held, and you will be notified of the hearing date.)

(*The court has directed that a hearing be held in relation to (*the whole of this order) (*specified parts of this order).

You are entitled to appear or be represented at the hearing to present your case to satisfy the court that (*the order should be made final) (*the parts of the order in relation to which the hearing is required should be part of the final order. If the respondent does nothing, then (subject to action being taken by another person with an interest in the property) the parts of the order in relation to which a hearing is not required will become final 3 months after the date on which this order was made, and the court may confirm the other parts of the order at the hearing.))

(*If another person who has an interest in the property and who has been given notice wishes to be heard, a hearing will be required, even if the respondent does not wish to be heard. In that case, you will be notified of the hearing date.)

Duration of order

This order continues in force for—

*(a)

6 months from the date on which it is made; or

*(b)

[as directed by the court].

This order expires if the (*occupation order) (*tenancy order) to which this order relates expires or is discharged.

(*If this order is made while you and the respondent are living in the same dwellinghouse, this order will expire—

(a)

on its discharge by the court (although the order may still become final, or be confirmed by the court, as set out above); or

(b)

on the discharge of the (*occupation order) (*tenancy order) to which this order relates.)

Variation or discharge of this order

You (or any other party) can apply to the court at any time—

(a)

to extend or reduce any period specified by the court as the period for which this order is to be in force; or

(b)

to vary the furniture, household appliances, and household effects to which this order relates; or

(c)

to vary or discharge any terms and conditions imposed by the court; or

(d)

to discharge this order.

Consequences of breach of this order

This order may be enforced as if it were an order of the court for delivery of chattels made in your favour. The court can make further orders to ensure compliance with this order.

Advice

If you need help, consult a lawyer or contact a District Court office immediately.

Office hours

The office of the District Court is open from . to . on Mondays to Fridays inclusive.

*Delete or omit if inapplicable.

Form DV 23 Ancillary furniture order

r 9

Section 63, Domestic Violence Act 1995

(General heading—Form DV 1)

*Having made—

*(a)

an occupation order; or

*(b)

a tenancy order—

on [date] in favour of [full name], the applicant, against [full name], the respondent, the court upon application makes an ancillary furniture order.

*Upon application without notice the court made a temporary ancillary furniture order in favour of [full name], the applicant, against [full name], the respondent, on [date], which order is now final (*in whole) (*in part) (*with modifications) (*without modification).

The court orders that the applicant is entitled, to the exclusion of the respondent, to the possession of—

*(a)

all of the furniture, household appliances, and household effects in (*the dwellinghouse to which the (*occupation order) (*tenancy order) relates, which is situated at [full address]) (*the dwellinghouse situated at [full address]); or

*(b)

the following furniture, household appliances, and household effects in (*the dwellinghouse to which the (*occupation order) (*tenancy order) relates, which is situated at [full address]) (*the dwellinghouse situated at [full address]): [specify the items. It is not necessary to specify every item as long as the items to which the order relates are readily ascertainable from the terms of this order].

*The court directs that this order continues in force for: . [specify duration if order made for specific period].

*The court also imposes the following terms and conditions relating to the furniture, household appliances, and household effects to which this order relates: [set out any terms and conditions imposed].

Registrar:

Date:

*Delete or omit if inapplicable.

Important information for respondent

Effect of ancillary furniture order

This is a final order that gives the applicant possession of the furniture, household appliances, and household effects to which it relates. While this order remains in force, you are not entitled to possession of these items.

Duration of order

This order continues in force for—

*(a)

6 months from the date on which it is made; or

*(b)

[as directed by the court].

This order expires if the (*occupation order) (*tenancy order) to which this order relates expires or is discharged.

Variation or discharge of this order

You (or any other party) can apply to the court at any time—

(a)

to extend or reduce any period specified by the court as the period for which this order is to be in force; or

(b)

to vary the furniture, household appliances, and household effects to which this order relates; or

(c)

to vary or discharge any terms and conditions imposed by the court; or

(d)

to discharge this order.

Consequences of breach of this order

This order may be enforced as if it were an order of the court for delivery of chattels made in the applicant’s favour. The court can make further orders to ensure compliance with this order.

Advice

If you need help, consult a lawyer or contact a District Court office immediately.

Office hours

The office of the District Court is open from . to . on Mondays to Fridays inclusive.

*Delete or omit if inapplicable.

Important information for applicant

Effect of ancillary furniture order

This is a final order that gives you possession of the furniture, household appliances, and household effects to which it relates. While this order remains in force, the respondent is not entitled to possession of these items.

Duration of order

This order continues in force for—

*(a)

6 months from the date on which it is made; or

*(b)

[as directed by the court].

This order expires if the (*occupation order) (*tenancy order) to which this order relates expires or is discharged.

Variation or discharge of this order

You (or any other party) can apply to the court at any time—

(a)

to extend or reduce any period specified by the court as the period for which this order is to be in force; or

(b)

to vary the furniture, household appliances, and household effects to which this order relates; or

(c)

to vary or discharge any terms and conditions imposed by the court; or

(d)

to discharge this order.

Consequences of breach of this order

This order may be enforced as if it were an order of the court for delivery of chattels made in your favour. The court can make further orders to ensure compliance with this order.

Advice

If you need help, consult a lawyer or contact a District Court office immediately.

Office hours

The office of the District Court is open from . to . on Mondays to Fridays inclusive.

*Delete or omit if inapplicable.

Form DV 24 Temporary furniture order

r 9

Section 67, Domestic Violence Act 1995

(General heading—Form DV 1)

Having made a protection order on [date] in favour of [full name], the applicant, against [full name], the respondent, the court, upon application without notice, makes a temporary furniture order.

The court orders that the applicant is entitled, to the exclusion of the respondent, to the possession of—

*(a)

all of the furniture, household appliances, and household effects in the dwellinghouse situated at [full address]; or

*(b)

the following furniture, household appliances, and household effects in the dwellinghouse situated at [full address]: [specify the items. It is not necessary to specify every item as long as the items to which the order relates are readily ascertainable from the terms of this order].

*The court directs that this order continues in force for . [specify duration if order made for specific period].

*The court also imposes the following terms and conditions relating to the furniture, household appliances, and household effects to which this order relates: [set out any terms and conditions imposed].

Registrar:

Date:

*Direction that hearing be held

The court directs that there be a hearing in relation to (*the whole of this order) (*the following parts of this order: [specify parts]).

Date of hearing

I appoint [date] at . am (pm) at the District Court at [place] for this hearing.

Registrar:

Date:

*Delete or omit if inapplicable.

Important information for respondent

Effect of temporary furniture order

The applicant has made an application to the court, and this order has been made without notice first being given to you. A copy of the application and related papers—

*(a)

accompany this order; or

*(b)

will be served on you shortly; or

*(c)

may be obtained from (*the court that made the order) (*[specify place]).

This order is a temporary order.

(*If you do nothing after being served, this order will (subject to notice being given to other persons with an interest in the property) automatically become a final order 3 months after the date on which it was made. If you wish to dispute this order, you must notify the court as soon as possible.)

(*The court has directed that a hearing be held in relation to (*the whole of this order) (*specified parts of this order).

This hearing will take place whether or not you wish to appear. If you wish to dispute any part of the order, you must notify the court as soon as possible.

If you do nothing (*the court may make a final order in your absence) (*the parts of the order in relation to which a hearing is not required will become final 3 months after the date on which this order was made, and the court may confirm the other parts of the order at the hearing.))

(*If another person who has an interest in the property and who has been given notice wishes to be heard, a hearing will be required even if you do not wish to be heard. In that case, you will be notified of the hearing date.)

Duration of order

This order continues in force for—

*(a)

6 months from the date on which it is made; or

*(b)

[as directed by the court].

This order expires if the protection order to which this order relates expires or is discharged.

(*If this order is made while you and the applicant are living in the same dwellinghouse, this order will expire—

(a)

on its discharge by the court (although the order may still become final, or be confirmed by the court, as set out above); or

(b)

on the discharge of the protection order to which this order relates.)

Variation or discharge of this order

You (or any other party) can apply to the court at any time—

(a)

to extend or reduce any period specified by the court as the period for which this order is to be in force; or

(b)

to vary the furniture, household appliances, and household effects to which this order relates; or

(c)

to vary or discharge any terms and conditions imposed by the court; or

(d)

to discharge this order.

Consequences of breach of this order

This order may be enforced as if it were an order of the court for delivery of chattels made in the applicant’s favour. The court can make further orders to ensure compliance with this order.

Advice

If you need help, consult a lawyer or contact a District Court office immediately.

Office hours

The office of the District Court is open from . to . on Mondays to Fridays inclusive.

*Delete or omit if inapplicable.

Important information for applicant

Effect of temporary furniture order

This order has been made without notice first being given to the respondent.

This order is a temporary order.

(*If the respondent does nothing after being served, this order will (subject to notice being given to other persons with an interest in the property) automatically become a final order 3 months after the date on which it was made. You will then be sent a copy of the final order.

The respondent may, however, give notice that he or she wishes to dispute this order. In that case, a hearing will be held, and you will be notified of the hearing date.)

(*The court has directed that a hearing be held in relation to (*the whole of this order) (*specified parts of this order).

You are entitled to appear or be represented at the hearing to present your case to satisfy the court that (*the order should be made final) (*the parts of the order in relation to which the hearing is required should be part of the final order. If the respondent does nothing, then (subject to action being taken by another person with an interest in the property) the parts of the order in relation to which a hearing is not required will become final 3 months after the date on which this order was made, and the court may confirm the other parts of the order at the hearing.))

(*If another person who has an interest in the property and who has been given notice wishes to be heard, a hearing will be required, even if the respondent does not wish to be heard. In that case, you will be notified of the hearing date.)

Duration of order

This order continues in force for—

*(a)

6 months from the date on which it is made; or

*(b)

[as directed by the court].

This order expires if the protection order to which this order relates expires or is discharged.

(*If this order is made while you and the respondent are living in the same dwellinghouse, this order will expire—

(a)

on its discharge by the court (although the order may still become final, or be confirmed by the court, as set out above); or

(b)

on the discharge of the protection order to which this order relates.)

Variation or discharge of this order

You (or any other party) can apply to the court at any time—

(a)

to extend or reduce any period specified by the court as the period for which this order is to be in force; or

(b)

to vary the furniture, household appliances, and household effects to which this order relates; or

(c)

to vary or discharge any terms and conditions imposed by the court; or

(d)

to discharge this order.

Consequences of breach of this order

This order may be enforced as if it were an order of the court for delivery of chattels made in your favour. The court can make further orders to ensure compliance with this order.

Advice

If you need help, consult a lawyer or contact a District Court office immediately.

Office hours

The office of the District Court is open from . to . on Mondays to Fridays inclusive.

*Delete or omit if inapplicable.

Form DV 25 Furniture order

r 9

Section 67, Domestic Violence Act 1995

(General heading—Form DV 1)

*Having made a protection order on [date] in favour of [full name], the applicant, against [full name], the respondent, the court upon application makes a furniture order.

*Upon application without notice the court made a temporary furniture order in favour of [full name], the applicant, against [full name], the respondent, on [date], which order is now final (*in whole) (*in part) (*with modifications) (*without modification).

The court orders that the applicant is entitled, to the exclusion of the respondent, to the possession of—

(a)

all of the furniture, household appliances, and household effects in the dwellinghouse situated at [full address]); or

(b)

the following furniture, household appliances, and household effects in the dwellinghouse situated at [full address]: [specify the items. It is not necessary to specify every item as long as the items to which the order relates are readily ascertainable from the terms of this order].

*The court directs that this order continues in force for . [specify duration if order made for specific period].

*The court also imposes the following terms and conditions relating to the furniture, household appliances, and household effects to which this order relates: [set out any terms and conditions imposed].

Registrar:

Date:

*Delete or omit if inapplicable.

Important information for respondent

Effect of furniture order

This is a final order that gives the applicant possession of the furniture, household appliances, and household effects to which it relates. While this order remains in force, you are not entitled to possession of these items.

Duration of order

This order continues in force for—

(a)

6 months from the date on which it is made; or

(b)

[as directed by the court].

This order expires if the protection order to which this order relates expires or is discharged.

Variation or discharge of this order

You (or any other party) can apply to the court at any time—

(a)

to extend or reduce any period specified by the court as the period for which this order is to be in force; or

(b)

to vary the furniture, household appliances, and household effects to which this order relates; or

(c)

to vary or discharge any terms and conditions imposed by the court; or

(d)

to discharge this order.

Consequences of breach of this order

This order may be enforced as if it were an order of the court for delivery of chattels made in the applicant’s favour. The court can make further orders to ensure compliance with this order.

Advice

If you need help, consult a lawyer or contact a District Court office immediately.

Office hours

The office of the District Court is open from . to . on Mondays to Fridays inclusive.

*Delete or omit if inapplicable.

Important information for applicant

Effect of furniture order

This is a final order that gives you possession of the furniture, household appliances, and household effects to which it relates. While this order remains in force, the respondent is not entitled to possession of these items.

Duration of order

This order continues in force for—

*(a)

6 months from the date on which it is made; or

*(b)

[as directed by the court].

This order expires if the protection order to which this order relates expires or is discharged.

Variation or discharge of this order

You (or any other party) can apply to the court at any time—

(a)

to extend or reduce any period specified by the court as the period for which this order is to be in force; or

(b)

to vary the furniture, household appliances, and household effects to which this order relates; or

(c)

to vary or discharge any terms and conditions imposed by the court; or

(d)

to discharge this order.

Consequences of breach of this order

This order may be enforced as if it were an order of the court for delivery of chattels made in your favour. The court can make further orders to ensure compliance with this order.

Advice

If you need help, consult a lawyer or contact a District Court office immediately.

Office hours

The office of the District Court is open from . to . on Mondays to Fridays inclusive.

*Delete or omit if inapplicable.

Form DV 26 Objection to direction to undertake assessment and attend non-violence programme

r 83(1)

Section 51E(2), Domestic Violence Act 1995

(General heading—Form DV 1)

I, [full name], (*the respondent) (*the associated respondent) under the temporary protection order made on [date] in favour of [full name], the applicant, against (*me) (*[full name of respondent if objection made by associated respondent], the respondent), object to the direction that I undertake an assessment and attend a non-violence programme.

I request—

*(a)

that the direction be discharged; or

*(b)

that the terms of the direction be varied as follows: [give details of variation sought].

Statement in support

I say: [set out sufficient information to inform the court of the reasons for seeking the discharge or variation].

I wish to be heard at a hearing.

or

I do not wish to be heard at a hearing.

Include any other relevant information that may assist the court.

Signature of objector:

Date:

To the Registrar

District Court

[Place]

and

To the applicant

This objection is filed by . whose address for service is at [address].

*Date of hearing

The Registrar is to complete the following appointment for hearing if an appearance is necessary or required.

I appoint [date] at . am (pm) at the District Court at [place] for this hearing of this objection.

Registrar:

Date:

*Delete or omit if inapplicable.

Notes

Advice

If you need help, consult a lawyer or contact a District Court office immediately.

Office hours

The office of the District Court is open from . to . on Mondays to Fridays inclusive.

Schedule 1 form DV 26 heading: replaced, on 1 October 2014, by rule 19(2) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Schedule 1 form DV 26: amended, on 1 October 2014, by rule 19(3) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Schedule 1 form DV 26: amended, on 1 October 2014, by rule 19(4) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Form DV 27 Notice of result of objection to direction to undertake assessment and attend non-violence programme

r 85

Section 51F(1), Domestic Violence Act 1995

(General heading—Form DV 1)

After considering the objection of [full name], (*the respondent) (*the associated respondent) under the temporary protection order made on [date] in favour of [full name], the applicant, against (*the objector) (*[full name of respondent if objection made by associated respondent], the respondent), to the direction that the objector undertake an assessment and attend a non-violence programme, the court—

*(a)

confirms the direction. The terms of the direction are as follows: [set out terms of the direction confirmed]; or

*(b)

confirms the direction but varies the terms of the direction as follows: [set out terms of the variation]. The terms of the direction, as varied, are as follows: [set out terms of the direction, as varied]; or

*(c)

discharges the direction.

Registrar:

Date:

*Delete or omit if inapplicable.

Important information for respondent or associated respondent where direction confirmed or varied

Consequences of failure to comply with direction

If, without reasonable excuse, you fail to comply with a direction to undertake an assessment and attend a non-violence programme, you commit an offence. The maximum penalty for this offence is 6 months’ imprisonment or a fine not exceeding $5,000, or both.

Advice

If you need help, consult a lawyer or contact a District Court office immediately.

Office hours

The office of the District Court is open from . to . on Mondays to Fridays inclusive.

*Delete or omit if inapplicable.

Schedule 1 form DV 27 heading: replaced, on 1 October 2014, by rule 20(3) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Schedule 1 form DV 27: amended, on 1 October 2014, by rule 20(4) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Schedule 1 form DV 27: amended, on 1 October 2014, by rule 20(5) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Schedule 1 form DV 27: amended, on 1 October 2014, by rule 20(6) of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Form DV 28 Request by programme provider for variation of direction to attend programme

[Revoked]

r 86

Schedule 1 form DV 28: revoked, on 1 October 2014, by rule 21 of the Domestic Violence Amendment Rules 2014 (LI 2014/215).

Form DV 29 Notice of registration of foreign protection order

r 92

Section 97, Domestic Violence Act 1995

(General heading—Form DV 1)

To [name of respondent]

[Address]

 

I have today registered in this court an order made on the application of [full name of applicant] at [place where foreign order made] on [date].

The order protects the following people: [full names of protected persons].

Now that this order has been registered in New Zealand, it will be treated like a protection order made by a court here. A copy of a New Zealand protection order is attached to this notice. While you are in New Zealand, you must comply with the conditions set out in that order.

Registrar:

Date:

Copy of New Zealand protection order to be attached, including Important information for respondent.

Notes

Advice

If you need help, consult a lawyer or contact a District Court office immediately.

Office hours

The office of the District Court is open from . to . on Mondays to Fridays inclusive.

Schedule 2 Provisions of the District Courts Rules that do not apply to proceedings under the Act

r 7

Marie Shroff,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 13 June 1996.

Reprints notes
1 General

This is a reprint of the Domestic Violence Rules 1996 that incorporates all the amendments to those rules as at the date of the last amendment to them.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Domestic Violence Amendment Rules 2015 (LI 2015/156)

Domestic Violence Amendment Rules 2014 (LI 2014/215)

Domestic Violence Amendment Rules 2011 (SR 2011/348)

Domestic Violence Amendment Act 2009 (2009 No 43): section 10

Domestic Violence Amendment Rules 2009 (SR 2009/189)

Policing Act 2008 (2008 No 72): section 116(a)(ii), (v)

Relationships (Statutory References) Act 2005 (2005 No 3): section 12

Corrections Act 2004 (2004 No 50): section 207

Domestic Violence Amendment Rules (No 2) 2002 (SR 2002/260)

Domestic Violence Amendment Rules 1997 (SR 1997/10)