Family Violence Act 2018

not the latest version
Corrections have been made to sections 77(e) and 78(e) on 8 April 2019 under section 25(1)(j)(i) and (v) of the Legislation Act 2012.

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Family Violence Act 2018

Public Act		2018 No 46
Date of assent		12 November 2018
Commencement		see section 2

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

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Family Violence Act 2018

Family Violence Act 2018

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