Victims' Orders Against Violent Offenders Rules 2014

2014/344

Victims' Orders Against Violent Offenders Rules 2014

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 17th day of November 2014

Present:
The Right Hon John Key presiding in Council

Pursuant to section 28 of the Victims’ Orders Against Violent Offenders Act 2014, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following rules.

Contents

1 Title

2 Commencement

Part 1
Preliminary provisions

Subpart 1Objective and interpretation

3 Objective

4 Interpretation

Subpart 2Application of, and compliance with, rules

5 Application of rules

6 Cases not provided for

7 Extending and shortening time

Subpart 3Content of documents and authentication

8 Content of documents

9 Authentication

Part 2
Commencement of proceedings

Subpart 1How to commence proceedings

10 How proceedings are commenced

11 Making an application

12 Filing documents

13 Ways documents may be presented for filing

14 Number of copies to be filed

15 Applicant may request that residential address be kept confidential

Subpart 2Amending documents

16 Amendment of application form before it is served

17 Amending documents in proceedings

Part 3
Proceedings

Subpart 1Proceedings for temporary non-contact order

18 Application of this subpart

19 Procedure after filing application without notice for non-contact order

20 Issue of temporary non-contact order

21 Changing application without notice to application on notice

22 Notice that offender wishes to be heard

23 Registrar to issue order when temporary order becomes final

Subpart 2Proceedings for final non-contact order

24 Application of this subpart

25 Procedure after filing application on notice for non-contact order

26 Notice of defence

27 Issue of final non-contact order

Subpart 3Proceedings for direction that final non-contact order apply against other persons

28 Application of this subpart

29 Procedure after filing application for section 12 direction

30 Notice of defence

31 Issue of section 12 direction

Part 4
Service

Subpart 1How documents to be served

32 Service of applications, orders, and directions

33 Service of other documents

34 Who may carry out service

Subpart 2Personal service

35 Personal service

Subpart 3Lawyer accepting service

36 Service on lawyer accepting service on behalf of person

Subpart 4Service at address for service

37 Address for service

38 Service at address for service

39 Methods of service if address for service is lawyer’s office

40 When and how documents under rule 39 to be treated as served

41 Lawyer must acknowledge document transmitted electronically

Subpart 5Substituted service

42 Substituted service

Subpart 6Proof of service

43 Proof of service of a document

Part 5
Miscellaneous matters

44 Power to clear court

45 Application of District Courts Rules 2014

Explanatory note

Administrative information