Domestic Violence Act Commencement Order 1998

1998/343

Domestic Violence Act Commencement Order 1998


Note

This order is administered in the Ministry of Justice.


PURSUANT to section 1(3) of the Domestic Violence Act 1995, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, makes the following order.

1 Title
  • This order may be cited as the Domestic Violence Act Commencement Order 1998.

2 Interpretation
  • In this order,—

    • (b) Unless the context otherwise requires, words or expressions used in these regulations have the same meaning as in the Act.

3 Commencement of sections 108 to 120
  • (1) Sections 108 to 120 of the Act come into force on 15 December 1998 for the purposes of—

    • (a) The public registers maintained under the public register provisions specified in Schedule 1; and

    • (b) The following public registers maintained under regulation 5 of the Land Transfer Regulations 1966:

      • (i) The journal book:

      • (ii) The nominal index:

      • (iii) The section index.

    (2) Sections 108 to 120 of the Act apply on and from 15 December 1998 for the purposes of—

    • (a) The public registers maintained under the public register provisions specified in Schedule 2; and

    • (b) The public registers specified in clause 3(1)(b).


Schedule 1
New public register provisions

Cl 3(1)

EnactmentPublic Register Provision
Deeds Registration Act 1908...................................................................
Sections 21, 22, and 30
Rating Powers Act 1988...................................................................
 
Building Act 1991...................................................................
 
Te Ture Whenua Maori Act 1993...................................................................
Section 263
Companies Act 1993...................................................................
Sections 87, 88, 189, and 360
Rating Valuations Act 1998...................................................................
Section 7
Local Government (Rating) Act 2002...................................................................
section 27
Building Act 2004Sections 216, 273, and 298
  • The item relating to the Building Act 1991 was omitted, as from 31 March 2005, by section 414 Building Act 2004 (2004 No 72). See subpart 4 of Part 5 of that Act (comprising sections 416 to 451) as to the transitional provisions.

  • The item relating to the Building Act 2004 was inserted, as from 31 March 2005, by section 414 Building Act 2004 (2004 No 72). See subpart 4 of Part 5 of that Act (comprising sections 416 to 451) as to the transitional provisions.

  • The item relating to the Companies Act 1993 was amended, as from 4 December 1998, by clause 2 Domestic Violence Act Commencement Amendment Order 1998 (SR 1998/426) by substituting the expression 189 for the expression 89.

  • The item relating to the Rating Powers Act 1988 was revoked, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6). See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.

  • The item relating to the Local Government (Rating) Act 2002 was inserted, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6). See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.

Schedule 2
Public register provisions

Cl 3(2)

EnactmentPublic Register Provision
Deeds Registration Act 1908...................................................................
Sections 21, 22, and 30
Incorporated Societies Act 1908...................................................................
Section 33
Industrial and Provident Societies Act 1908...................................................................
Section 3D
Industrial and Provident Societies Amendment Act 1952...................................................................
Sections 20 and 26
Companies Act 1955...................................................................
Sections 105 and 111
Marriage Act 1955...................................................................
Section 7
Insolvency Act 1967...................................................................
Section 118
Local Elections and Polls Act 1976...................................................................
Sections 7B, 7BA, 7BB, 7BC, and 7BD
Friendly Societies and Credit Unions Act 1982...................................................................
Sections 5, 40, and 130
Transport (Vehicle and Driver Registration and Licensing) Act 1986...................................................................
Section 18
  
Motor Vehicle Securities Act 1989...................................................................
Section 5
Building Act 1991...................................................................
 
Te Ture Whenua Maori Act 1993...................................................................
Section 263
Electoral Act 1993...................................................................
Sections 100, 101, 103, 104, 105, 106, 107, 108, 109, 211, and 212
Companies Act 1993...................................................................
Sections 87, 88, 189, and 360
Births, Deaths, and Marriages Registration Act 1995...................................................................
Sections 5, 7(2), 8, 24, 25, 34, 36, 48(3), 50, 53, 56, 58
Dog Control Act 1996...................................................................
Section 34
Rating Valuations Act 1998...................................................................
Section 7
Local Government (Rating) Act 2002section 27
Building Act 2004Sections 216, 273, and 298
  • The item relating to the Building Act 1991 was omitted, as from 31 March 2005, by section 414 Building Act 2004 (2004 No 72). See subpart 4 of Part 5 of that Act (comprising sections 416 to 451) as to the transitional provisions.

  • The item relating to the Building Act 2004 was inserted, as from 31 March 2005, by section 414 Building Act 2004 (2004 No 72). See subpart 4 of Part 5 of that Act (comprising sections 416 to 451) as to the transitional provisions.

  • An item relating to the Rating Powers Act 1988 was revoked, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6). See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.

  • The item relating to the Local Government (Rating) Act 2002 was inserted, as from 1 July 2003, by section 137(1) Local Government (Rating) Act 2002 (2002 No 6). See section 137(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.

MARIE SHROFF,

Clerk of the Executive Council.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

Sections 108 to 120 of the Domestic Violence Act 1995 come into force on 15 December 1998 for the purposes of the public registers maintained under the public register provisions listed in Schedule 1 and the public registers specified in clause 3(1)(b). This means that directions under Part 6 of the Act about the non-disclosure of information relating to a protected person's whereabouts can be made only in respect of those registers and the other public registers to which sections 108 to 120 already apply.

The public registers to which sections 108 to 120 of the Domestic Violence Act 1995 are currently expressed to apply are the public registers maintained under:

The references to public registers maintained under sections 7, 118, 119, 128, and 200 of the Companies Act 1955 do not appear in Schedule 2 because those provisions have been repealed.

The public registers in respect of which sections 108 to 120 of the Domestic Violence Act 1995 are brought into force by this order are the journal book, nominal index, and section index maintained under regulation 5 of the Land Transfer Regulations 1966 and the public registers maintained under:

The public registers to which these regulations do not apply are the public registers maintained under:


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 12 November 1998.