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Family Violence Act 2018
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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
Contents
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
The Parliament of New Zealand enacts as follows: