Family Violence Act 2018

If you need more information about this Act, please contact the administering agency: Ministry of Justice
8 Interpretation

In this Act, unless the context otherwise requires,—

abuse means abuse within the meaning of section 10

ancillary furniture order means an order, or a temporary order, made under section 128

applicant means—

(a)

a person who applies for an order under this Act on their own behalf:

(b)

the person on whose behalf an application for an order is made under section 62, 67, 69, 140(2)(a) or (3)(b), or 143

application without notice means an application made without notice to the person or people against whom the application is made

approved organisation means an organisation approved under section 71

associated respondent means a person against whom a protection order applies because of a direction made under section 89

chief executive means the chief executive of the department for the time being responsible for the administration of the Oranga Tamariki Act 1989

child means a person who is under the age of 18 years

child of the applicant’s family, for an applicant and at a time, means a child who at that time ordinarily or periodically resides with the applicant, whether or not—

(a)

the child is a child of the applicant, the respondent, or both:

(b)

for a protection order, the child—

(i)

resided ordinarily or periodically with the applicant at the time when the order was made; or

(ii)

was born only after the time when the order was made

constable has the meaning given to it by section 4 of the Policing Act 2008

contact, by a respondent or other person, and with a child or protected person, means 1 or both of the following:

(a)

any form of direct interaction (that is, face to face interaction):

(b)

any form of indirect interaction, including, without limitation,—

(i)

by telephone, letters or other writing, or email; or

(ii)

by communication on or via an Internet site; or

(iii)

by other digital communication

common biological parent, for a person (P) who is a biological parent of a child, means another person who is also a biological parent of that child

country includes any State, territory, province, or other part of a country

court—

(a)

means the Family Court; and includes a Family Court Judge; or

(b)

if another court has jurisdiction in the proceedings, means that court

day-to-day care has the meaning given to it by section 8 of the Care of Children Act 2004

digital communication has the same meaning as in section 4 of the Harmful Digital Communications Act 2015

dwellinghouse includes—

(a)

any flat or town house, whether or not occupied under a licence to occupy within the meaning of section 122 of the Land Transfer Act 2017:

(b)

any mobile home, caravan, or other means of shelter placed or erected upon any land and intended for occupation on that land

encourage includes to incite, counsel, or procure

family member, in relation to a person, means—

(a)

any other person who is or has been related to the person—

(i)

by blood; or

(ii)

by or through marriage, a civil union, or a de facto relationship; or

(iii)

by adoption:

(b)

any other person who is a member of the person’s whānau or other culturally recognised family group

family relationship means one of the relationships set out in section 12

family violence has the meaning set out in section 9

firearms licence means a firearms licence issued under section 24 of the Arms Act 1983

foreign protection order—

(a)

means an order made by a court in a prescribed foreign country, being—

(i)

an order to protect a person from behaviour by the person against whom the order is made, where, if the behaviour occurred in New Zealand, it would be behaviour in respect of which a protection order could be made under this Act; or

(ii)

an order that varies, discharges, or is made in substitution for such an order; but

(b)

does not include—

(i)

an order made without notice; or

(ii)

an order of an interim nature; or

(iii)

an order made by a court in a prescribed foreign country that varies, discharges, or is made in substitution for a New Zealand order that is registered or is otherwise enforceable in that country

furniture order means an order, or a temporary order, made under section 134

government organisation means—

(a)

a public service agency as defined in section 5 of the Public Service Act 2020; or

(b)

a Crown entity (as defined in section 7 of the Crown Entities Act 2004)

ill-treat, in relation to an animal, has the same meaning as in section 2(1) of the Animal Welfare Act 1999

inflict family violence, in relation to any person, means to engage in behaviour that amounts to family violence against that person

lawyer has the meaning given to it by section 6 of the Lawyers and Conveyancers Act 2006

occupation order means an order, or a temporary order, made under section 116

parenting order has the meaning given to it by section 8 of the Care of Children Act 2004

partner, in the phrase “spouse or partner” and in related contexts, means, in relation to a person (P),—

(a)

P’s civil union partner; or

(b)

P’s de facto partner; or

(c)

P’s common biological parent (as defined in this section)

perpetrator, of family violence,—

(a)

means a person who has inflicted, or is inflicting, family violence (even if no offence involving the violence was, is, or is to be, admitted or prosecuted); but

(b)

in Part 2, has the meaning given in section 19

person lacking capacity, for the purposes of section 67, means a person who is aged 18 years old or over and who—

(a)

lacks, wholly or partly, the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to the person’s personal care and welfare; or

(b)

has the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to the person’s personal care and welfare, but wholly lacks the capacity to communicate decisions in respect of such matters

prescribed foreign country means—

(a)

Australia (including any state or territory of Australia); or

(b)

any other country outside New Zealand that is declared, by Order in Council made under section 227, to be a prescribed foreign country

prescribed non-standard service means a service that—

(a)

is, or is to be, provided to a respondent by a service provider (as defined in section 184); and

(b)

has the objective of stopping or preventing family violence, or helping the respondent to stop inflicting family violence; and

(c)

is a type of non-standard service specified in regulations made under section 249(a)

prescribed service means a service that is—

(a)

a prescribed non-standard service; or

(b)

a prescribed standard service

prescribed standard service means a service that—

(a)

is, or is to be, provided to a respondent by a service provider (as defined in section 184); and

(b)

has the objective of stopping or preventing family violence, or helping the respondent to stop inflicting family violence; and

(c)

is a type of standard service specified in regulations made under section 249(a)

property, in relation to a person, means property that—

(a)

the person owns; or

(b)

the person does not own but that—

(i)

the person uses or enjoys; or

(ii)

is available for the person’s use or enjoyment; or

(iii)

is in the person’s care or custody; or

(iv)

is at the person’s dwellinghouse

property order means an order made under Part 5

protected person, in relation to a protection order, means—

(a)

the person for whose protection the order is made:

(b)

any child of that person’s family:

(c)

any person for whose benefit the order applies under a direction made under section 87

protection order means an order, or a temporary order, made under section 79

registered foreign protection order means a foreign protection order that is registered in a court under section 219

Registrar means the Registrar, or a Deputy Registrar, of a court

representative,—

(a)

in relation to a child, means a litigation guardian or next friend appointed under or recognised by rules of court, or an approved organisation authorised by section 74, to take proceedings under this Act on behalf of that child:

(b)

in relation to a person lacking capacity to whom section 67 applies, means a litigation guardian appointed under or recognised by rules of court, or an approved organisation authorised by section 74, to take proceedings under this Act on behalf of that person:

(c)

in relation to a person to whom section 69 applies, means a litigation guardian appointed under that section, or an approved organisation authorised by section 74, to take proceedings under this Act on behalf of that person

respondent means the person against whom an application has been made for an order under this Act; and includes a person (other than an associated respondent) against whom an order is made under this Act

Secretary means the chief executive of the Ministry of Justice

special condition, in relation to a protection order, means any condition of the order imposed under section 103

specified person means a person for whose benefit a protection order applies under a direction made under section 87

standard condition about weapons means the standard condition contained in section 98

temporary order means an order of limited duration that is made on an application without notice

tenancy order means an order, or a temporary order, made under section 122

tenant, in relation to any dwellinghouse, includes any person—

(a)

whose tenancy of that dwellinghouse has expired or been determined; and

(b)

who is for the time being deemed, under any enactment or rule of law, to continue to be the tenant of the dwellinghouse

weapon means any firearm, airgun, pistol, prohibited magazine, prohibited part, restricted weapon, ammunition, or explosive, as those terms are defined in the Arms Act 1983.

Compare: 1995 No 86 s 2

Section 8 government organisation paragraph (a): replaced, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 8 weapon: amended, on 12 April 2019, by section 73 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).