Family Violence (Amendments) Act 2018

If you need more information about this Act, please contact the administering agency: Ministry of Justice
Coat of Arms of New Zealand

Family Violence (Amendments) Act 2018

Public Act
 
2018 No 47
Date of assent
 
12 November 2018
Commencement
 
see section 2

Contents

1Title
2Commencement
Part 1
Amendments to Bail Act 2000
3Principal Act
4Section 3 amended (Interpretation)
5New section 3AA inserted (References to Family Violence Act 2018)
3AAReferences to Family Violence Act 2018
6Section 7 amended (Rules as to granting bail)
7Section 8 amended (Consideration of just cause for continued detention)
8Section 21 amended (Police employee may grant bail)
9Section 22 replaced (Conditions of Police bail granted to defendant charged with domestic violence offence)
22Conditions of Police bail granted to defendant charged with family violence offence
10Section 23 amended (Bail and breach of protection order)
11New section 30AAA inserted (Conditions of bail granted to defendant charged with family violence offence)
30AAAConditions of bail granted to defendant charged with family violence offence
12Section 31 amended (Release of defendant granted bail)
Part 2
Amendments to Care of Children Act 2004
13Principal Act
14Section 5 amended (Principles relating to child’s welfare and best interests)
15Section 5A replaced (Domestic violence to be taken into account)
5AFamily violence to be taken into account
16Section 22 amended (Restrictions on making appointments under section 23)
17Section 23 amended (Appointment of eligible spouse or partner of parent as additional guardian)
18Section 46E amended (Family dispute resolution mandatory before commencement of proceedings)
19Section 51 amended (Court must consider protective conditions in certain cases)
20New section 57A and cross-heading inserted
Incidental temporary protection orders
57APower to make incidental temporary protection order
Part 3
Amendments to Crimes Act 1961
Amendments to principal Act
21Principal Act
22Section 7A amended (Extraterritorial jurisdiction in respect of certain offences with transnational aspects)
23Section 7B amended (Attorney-General’s consent required where jurisdiction claimed under section 7A)
24New section 189A inserted (Strangulation or suffocation)
189AStrangulation or suffocation
25New section 194A inserted (Assault on person in family relationship)
194AAssault on person in family relationship
26Cross-heading above section 205 amended
27Section 207 amended (Feigned marriage or feigned civil union)
28New section 207A inserted (Coerced marriage or civil union)
207ACoerced marriage or civil union
29Section 208 replaced (Abduction for purposes of marriage or sexual connection)
208Abduction for purposes of marriage or civil union or sexual connection
Consequential amendments to Aviation Crimes Act 1972
30Principal Act
31Section 2 amended (Interpretation)
Consequential amendments to Births, Deaths, Marriages, and Relationships Registration Act 1995
32Principal Act
33Section 60 replaced (Convictions for bigamy to be recorded)
60Convictions for bigamy, and for coerced marriage, to be recorded
34Section 62F replaced (Convictions for bigamy to be recorded)
62FConvictions for bigamy, and for coerced civil union, to be recorded
Consequential amendments to Births, Deaths, Marriages, and Relationships Registration (Prescribed Information) Regulations 1995
35Principal regulations
36Regulation 8 amended (Marriage certificates)
37Regulation 8A amended (Civil union certificates)
Consequential amendments to Criminal Records (Clean Slate) Act 2004
38Principal Act
39Section 4 amended (Interpretation)
Consequential amendments to Maritime Crimes Act 1999
40Principal Act
41Section 2 amended (Interpretation)
Part 4
Criminal Procedure Act 2011
Amendments to principal Act
42Principal Act
43New section 16A inserted (Specifying that offence charged is, or that conviction entered is for, family violence offence)
16ASpecifying that offence charged is, or that conviction entered is for, family violence offence
44New sections 168A and 168B inserted
168ANo-contact conditions if family violence offence defendant remanded in custody
168BProvisions about compliance with no-contact conditions
45Section 170 replaced (Defendant in custody may be brought up before expiry of period of adjournment)
170Defendant in custody may be brought up before expiry of period of adjournment
46Section 386 amended (Rules)
47Section 387 amended (Regulations)
Consequential amendments to Corrections Act 2004
48Principal Act
49Section 73 amended (Entitlement to private visitors)
50Section 76 amended (Prisoners may send and receive mail)
51Section 77 amended (Outgoing telephone calls)
52Section 108 amended (Withholding mail)
53Section 112 amended (Purposes of monitoring prisoners’ calls)
Part 5
Amendments to Evidence Act 2006
54Principal Act
55Section 4 amended (Interpretation)
56Section 95 amended (Restrictions on cross-examination by parties in person)
57Section 102 amended (Application)
58Section 103 amended (Directions about alternative ways of giving evidence)
59Section 106 amended (Video record evidence)
60New sections 106A and 106B and cross-heading inserted
Giving of evidence by family violence complainants
106AGiving of evidence by family violence complainants
106BApplication by defendant for family violence complainant to give evidence in ordinary way or different alternative way
Part 6
Amendments to Sentencing Act 2002
61Principal Act
62Section 9 amended (Aggravating and mitigating factors)
63Section 123A replaced (Interpretation of terms used in this section and sections 123B to 123H)
123AInterpretation of terms used in this section and sections 123B to 123H
64Section 123B amended (Protection order)
65Section 123C replaced (Provisions applying to protection order made under section 123B)
123CProvisions applying to protection order made under section 123B
123CADisclosure of documents to assessor and service provider
123CBCourt documents for section 123CA
123CCAssessors and service providers for section 123CA
66Section 123D amended (Explanation of protection order)
67Section 123G replaced (Protection order treated as if made by Family Court)
123GProtection order treated as if made by Family Court
123HAppeal against decision to make or refuse to make protection order under section 123B is appeal against sentence
Legislative history
Administrative information

The Parliament of New Zealand enacts as follows: