Domestic Violence Act 1995

Before its repeal, this Act was administered by: Ministry of Justice

repealed
Warning: Some amendments have not yet been incorporated
Domestic Violence Act 1995: repealed, on 1 July 2019, by section 258 of the Family Violence Act 2018 (2018 No 46).

Search within this Act

Reprint as at 1 July 2019

Domestic Violence Act 1995

Public Act		1995 No 86
Date of assent		15 December 1995
Commencement		see section 1

Domestic Violence Act 1995: repealed, on 1 July 2019, by section 258 of the Family Violence Act 2018 (2018 No 46).

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.

This Act is administered by the Ministry of Justice.

	Title
1	Short Title and commencement
	Part 1 Preliminary provisions
2	Interpretation
3	Meaning of domestic violence
4	Meaning of domestic relationship
5	Object
6	Act to bind the Crown
	Part 2 Protection orders
	Applications
7	Application for protection order
8	Contents of application
9	Applications by minors
10	Applications against minors
11	Applications on behalf of persons lacking capacity
12	Applications on behalf of certain other persons
13	Application without notice for protection order
	Scope of protection orders
14	Power to make protection order
15	Existence of other proceedings not to preclude granting of protection order
16	Protection of persons other than applicant
17	Protection from respondent’s associates
18	Mutual orders
	Standard conditions of protection orders
19	Standard conditions of protection order
20	Further provisions relating to standard condition prohibiting contact
	Standard condition relating to weapons
21	Standard condition relating to weapons
22	Court may dispense with, modify, discharge, or re-impose standard condition relating to weapons
23	Further provisions relating to powers conferred by section 22
24	Further provisions relating to effect of standard condition relating to weapons
25	Retention, return, and disposal of surrendered weapons and licences
26	Arms Act 1983 not affected
	Special conditions of protection orders
27	Court may impose special conditions
28	Further provisions relating to certain special conditions
	Interim care and contact orders
28B	Interim orders in respect of child of applicant’s family
28C	Duration of interim order
28D	Application for parenting order under Care of Children Act 2004 must be made
	Programmes [Repealed]
29	Programmes for protected persons [Repealed]
30	Commencement of section 29 [Repealed]
31	Joint programme sessions [Repealed]
32	Power to direct respondent or associated respondent to attend programme [Repealed]
33	Terms of direction that respondent or associated respondent attend programme [Repealed]
34	Registrar to notify programme provider to whom respondent or associated respondent is referred [Repealed]
35	Programme provider to arrange meeting with respondent or associated respondent [Repealed]
36	Direction to attend programme made on application without notice [Repealed]
37	Court may confirm or discharge direction [Repealed]
38	Respondent or associated respondent excused from attending [Repealed]
39	Notice of absence from programme [Repealed]
40	Notice of conclusion of programme [Repealed]
41	Programme provider may request variation of direction [Repealed]
41A	Powers of Registrar on receipt of notice under section 39 or 41 [Repealed]
42	Judge may call respondent or associated respondent before court [Repealed]
42A	Respondent or associated respondent called before court [Repealed]
43	Confidentiality of information disclosed to programme provider [Repealed]
44	Programme providers’ fees and expenses [Repealed]
	Duration, variation, and discharge of protection orders
45	Duration of protection order
46	Power to vary protection order
47	Power to discharge protection order
48	Variation or discharge on behalf of protected person
	Enforcement of protection orders
49	Offence to breach protection order
49A	Offence to fail to comply with direction [Repealed]
50	Power to arrest for breach of protection order
51	Release of person arrested [Repealed]
	Part 2A Programmes
51A	Interpretation
	Approval of service providers
51B	Service providers
	Safety programmes
51C	Safety programmes for protected persons
	Non-violence programmes
51D	Direction to attend assessment and non-violence programme
51E	Direction to attend non-violence programme made on application without notice
51F	Court may confirm or discharge direction after considering objection made under section 51E
51G	Referral of respondent to service provider
51H	Service provider to meet with respondent
51I	Service provider to notify Registrar about safety concerns
51J	Referral to different service provider
51K	Judge may discharge direction to attend non-violence programme in certain cases
51L	Service provider and respondent to settle terms of attendance at non-violence programme
51M	Notice to be given to court if continued provision of non-violence programme inappropriate
	Non-compliance with direction to attend assessment and non-violence programme
51N	Notice of non-compliance with direction
51O	Powers of Registrar on receipt of notice under section 51N
51P	Judge may call respondent before court
51Q	Respondent called before court
	Completion of non-violence programme
51R	Notice of completion and outcome of non-violence programme
	Confidentiality of information
51S	Confidentiality of information disclosed to service provider
	Enforcement of directions
51T	Offence to fail to comply with direction
	Part 3 Orders relating to property
	Occupation orders
52	Application for occupation order
53	Power to make occupation order
54	Effect of occupation order
55	Power to vary or discharge occupation order
	Tenancy orders
56	Application for tenancy order
57	Power to make tenancy order
58	Effect of tenancy order
59	Power to discharge tenancy order and revest tenancy
	General provisions relating to occupation orders and tenancy orders
60	Application without notice for occupation order or tenancy order
61	Procedure for occupation orders and tenancy orders
	Ancillary furniture orders
62	Application for ancillary furniture order
63	Power to make ancillary furniture order
64	Effect of ancillary furniture order
65	Power to vary or discharge ancillary furniture order
	Furniture orders
66	Application for furniture order
67	Power to make furniture order
68	Effect of furniture order
69	Power to vary or discharge furniture order
	Applications without notice for furniture orders
70	Application without notice for ancillary furniture order or furniture order
	General provisions relating to property orders
71	Applications for property orders by minors
72	Applications for property orders against minors
73	Applications for property orders on behalf of persons other than children
74	Notice to persons with interest in property affected
75	Protection of mortgagees, etc
	Part 4 Procedure
	Temporary orders
76	Respondent to notify intention to appear
77	Procedure where respondent does not require hearing
78	Court may require hearing before order becomes final
79	Application of sections 76 to 78 to other affected persons
79A	Review of contact arrangements
80	Procedure where hearing required
80A	Temporary order discharged when made final order under section 80(1)
	General provisions
81	Court may appoint lawyer
82	Power of court to call witnesses
83	Conduct of proceedings
84	Evidence [Repealed]
85	Standard of proof
86	Orders by consent
87	Explanation of orders
88	Copies of orders to be sent to Police
89	Information on service of certain orders to be communicated to Police
90	Police to consider exercise of powers under Arms Act 1983
	Appeals
91	Appeals to High Court
92	Application of provisions relating to minors, etc
93	Appeals to Court of Appeal
94	Appeals to be heard as soon as practicable
95	Effect of appeal
	Part 5 Enforcement of protection orders overseas and foreign protection orders
	Enforcement of New Zealand orders overseas
96	Enforcement of New Zealand orders overseas
	Enforcement of foreign protection orders
97	Registration of foreign protection orders
98	Copies of registered foreign protection orders to be sent to Police
99	Effect of registration
100	Variation of registered foreign protection order
101	Registered foreign protection orders not to be enforced in certain circumstances
102	Evidence taken overseas
103	Proof of documents
104	Depositions to be evidence
105	Prescribed foreign countries
106	Evidence of orders made in foreign country
	Part 6 Non-publication of information relating to protected person on public registers
	Interpretation
107	Interpretation
	Applications for directions
108	Protected person may apply for direction that identifying information on public register not be publicly available
109	Agency to determine application
110	Agency to notify applicant of decision
111	Information not to be disclosed pending determination of application or complaint
	Effect of direction
112	Effect of direction
113	Direction not applicable to relevant information subsequently included in register
	Duration of direction
114	Duration of direction
115	Registrar to notify agency of making or discharge of protection order
	Disclosure of relevant information with consent
116	Disclosure of relevant information with consent of protected person
	Other enactments not affected
117	Other enactments not affected
	Complaints to Privacy Commissioner
118	Complaints to Privacy Commissioner
119	Investigation of complaint
120	Application of certain provisions of Privacy Act 1993
	Regulations
121	Regulations
	Codes of practice
122	Codes of practice
123	Application of certain provisions of Privacy Act 1993
124	Effect of code
	Part 6A Police safety orders
124A	Interpretation
124B	Qualified constable may issue Police safety order
124C	Consent to issue of Police safety order not required
124D	Police safety order not to be issued against child
124E	Effect of Police safety order
124F	Suspension of firearms licence on issue of Police safety order
124G	Suspension of parenting orders, etc
124H	Prompt service of Police safety order required
124I	Detention by constable
124J	Police safety order to be explained
124K	Duration of Police safety order
124L	Contravention of Police safety order
124M	Issue of summons where person cannot be brought before District Court within 24 hours
124N	Jurisdiction of District Court
124O	Issue of warrant to arrest person who contravenes Police safety order or fails to attend adjourned proceedings
124P	Protection order to be issued and served
124Q	Protection order to be sent to Family Court
124R	Protection order treated as if made by Family Court
124S	Police employees, etc, protected from proceedings
	Part 7 Miscellaneous provisions
	Restriction on publication
125	Restriction of publication of reports of proceedings
	Rules and regulations
126	Rules of court
127	Regulations
	Saving
128	Property (Relationships) Act 1976 not affected
	Repeals and consequential amendments
129	Repeals
130	Amendments to Arms Act 1983
131	Amendment to Children, Young Persons, and Their Families Act 1989
132	Amendment to Electoral Act 1993
	Transitional provisions on enactment of this Act
133	Transitional provisions
	Transitional provisions applying on enactment of Domestic Violence Amendment Act 2013
134	Programmes requested or directed before commencement of this section
135	Referrals to programme providers before commencement of this section
136	Programmes arranged or in progress before commencement of this section
137	Proceedings commenced before commencement of this section but not completed
138	Approval panel disestablished
	Reprint notes

An Act to provide greater protection from domestic violence

New Zealand Legislation

List of access keys

Quick search

My recent searches

Domestic Violence Act 1995

Domestic Violence Act 1995

Note

Contents