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Family Violence Bill
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Hon Andrew Little
Family Violence Bill
Government Bill
247—3A
Contents
Bill note
Key
1
Title
2
Commencement
3
Principal Act
Title
4
Name of principal Act changed
5
Long Title repealed
6
Section 1 amended (Short Title and commencement)
Preliminary provisions (Part 1)
7
New sections 1A to 1C inserted
1A
Purpose of this Act
1B
Principles
1C
Overview of this Act
8
Section 2 amended (Interpretation)
9
Section 3 replaced (Meaning of domestic violence)
3
Meaning of family violence
3A
Abuse for purposes of section 3(2)
3B
Psychological abuse for purposes of section 3(2)(c)
10
Section 4 amended (Meaning of domestic relationship)
11
Sections 5 and 6 replaced
5A
Status of examples
5B
Transitional, savings, and related provisions
6
Act binds the Crown
Protection orders (Part 2)
12
Section 7 amended (Application for protection order)
13
Section 8 amended (Contents of application)
14
Sections 9 to 12 replaced
9
Applications by children
9A
Views of child on whose behalf application made by representative
10
Applications against children
10AAA
Advice from chief executive or social worker
10AAB
Report from chief executive or social worker
10A
Meaning of person lacking capacity
11
Applications on behalf of people lacking capacity
12
Applications on behalf of people prevented by physical incapacity, fear of harm, or another sufficient cause from applying personally
12A
Views of person on whose behalf application made under section 12 by representative
12B
Approved organisations
12C
Applications by approved organisation authorised to act as representative
14A
Section 13 amended (Application without notice for protection order)
15
Section 14 amended (Power to make protection order)
16
Section 15 amended (Existence of other proceedings not to preclude granting of protection order)
17
Section 16 amended (Protection of persons other than applicant)
18
Section 17 amended (Protection from respondent’s associates)
19
Sections 19 and 20 replaced
19
Standard conditions: no family violence, no contact, no having others breach order
20
Standard no-contact condition: exceptions with consent
20A
Standard no-contact condition: references to consent
20B
Standard no-contact condition: other exceptions
20C
Standard conditions: associated respondents
20A
Section 22 amended (Court may dispense with, modify, discharge, or re-impose standard condition relating to weapons)
21
Section 23 amended (Further provisions relating to powers conferred by section 22)
22
Section 27 amended (Court may impose special conditions)
23
Section 28 replaced (Further provisions relating to certain special conditions)
28
Special conditions inconsistent with contact: exceptions with consent
24
Section 28B amended (Interim orders in respect of child of applicant’s family)
25
Section 28C repealed (Duration of interim order)
26
Section 28D replaced (Application for parenting order under Care of Children Act 2004 must be made)
28D
Proceedings about interim order in respect of child of applicant’s family: legal aid
26A
Section 46 amended (Power to vary protection order)
27
Section 47 amended (Power to discharge protection order)
28
Section 48 replaced (Variation or discharge on behalf of protected person)
48
Variation or discharge on behalf of protected person
29
Section 49 amended (Offence to breach protection order)
30
Section 50 replaced (Power to arrest for breach of protection order)
50
Power to arrest for breach of protection order (or related property order)
Programmes (Part 2A)
31
Part 2A replaced
Part 2A
Programmes and prescribed services
Interpretation
51A
Interpretation
Approval of assessors and service providers
51B
Assessors and service providers
Notification of safety concerns
51C
Assessor or service provider to notify safety concerns
Safety programmes
51D
Safety programmes for protected persons
Non-violence programmes and prescribed services
51E
Directions for assessments, non-violence programme, and prescribed standard services
51F
Objection process if direction made on application without notice
51G
Court may confirm or discharge direction after considering objection
51H
Referral of respondent to assessor
51I
Assessor meets with respondent, undertakes assessment, and makes determinations
51J
When assessor must refer respondent back to court
51K
When assessor must refer respondent to service provider
51L
Court may direct respondent to engage with prescribed non-standard service
51M
Referral to different service provider
51N
Referral back to court if programme or service to be delayed or inappropriate
51O
Terms of attendance at or engagement with non-violence programme or prescribed service
51P
Referral back to court if continued provision no longer appropriate or practicable or affected significantly by non-compliance
51Q
Report and notice of completion and outcome of programme or service
Confidentiality of information
51R
Information being admitted as evidence or used without court’s authorisation
Enforcement and powers when matter referred back to court
51S
Powers if matter brought to attention of Judge
51T
Notice of non-compliance with direction
51U
Registrar’s response to notice of safety concerns or non-compliance
51V
Judge may call respondent before court
51W
Respondent called before court
51X
Offence to fail to comply with direction
Orders relating to property (Part 3)
32
Section 52 replaced (Application for occupation order)
52
Application for occupation order
33
Section 53 amended (Power to make occupation order)
34
Section 54 amended (Effect of occupation order)
35
Section 56 amended (Application for tenancy order)
36
Section 57 amended (Power to make tenancy order)
37
Section 58 amended (Effect of tenancy order)
38
Section 60 amended (Application without notice for occupation order or tenancy order)
39
Section 61 amended (Procedure for occupation orders and tenancy orders)
39A
Section 62 amended (Application for ancillary furniture order)
40
Section 64 amended (Effect of ancillary furniture order)
41
Section 66 amended (Application for furniture order)
42
Section 67 amended (Power to make furniture order)
43
Section 68 amended (Effect of furniture order)
43A
Section 70 amended (Application without notice for ancillary furniture order or furniture order)
44
Sections 71 to 73 replaced
71
Applications for property orders by children
71A
Views of child on whose behalf application made by representative
72
Applications for property orders against children
73
Applications for property orders on behalf of people other than children
Procedure (Part 4)
44A
Section 79A amended (Review of contact arrangements)
45
Section 81 amended (Court may appoint lawyer)
45A
New section 81A inserted (How Judge ascertains child’s views (other than at hearing))
81A
How Judge ascertains child’s views (other than at hearing)
46
Section 83 amended (Conduct of proceedings)
47
Section 88 amended (Copies of orders to be sent to Police)
48
Section 90 amended (Police to consider exercise of powers under Arms Act 1983)
48A
Section 91 amended (Appeals to High Court)
49
Section 92 amended (Application of provisions relating to minors, etc)
Enforcement of protection orders overseas and foreign protection orders (Part 5)
50
Sections 96 and 97 replaced
Enforcement of New Zealand orders overseas
96
Enforcement of New Zealand orders overseas
96A
Information necessary to process request or secure enforcement of order
Making requests and making documents available
96B
Ways requests may be made and documents may be made available
Enforcement of foreign protection orders
97
Registration of foreign protection orders
51
Section 106 amended (Evidence of orders made in foreign country)
Non-publication of information relating to protected person on public registers (Part 6)
52
Cross-heading above section 122 amended
53
Section 122 amended (Codes of practice)
54
Section 123 amended (Application of certain provisions of Privacy Act 1993)
Police safety orders (Part 6A)
55
Section 124A amended (Interpretation)
56
Section 124B amended (Qualified constable may issue Police safety order)
57
Section 124D replaced (Police safety order not to be issued against child)
124D
Police safety order against child
58
Section 124E amended (Effect of Police safety order)
59
Section 124F amended (Suspension of firearms licence on issue of Police safety order)
60
Section 124G amended (Suspension of parenting orders, etc)
61
Section 124H amended (Prompt service of Police safety order required)
62
New section 124HA inserted (Police safety orders: risk and needs assessment of bound person)
124HA
Police safety orders: risk and needs assessment of bound person
63
New section 124HB inserted (Approvals of assessors for section 124HA)
124HB
Approvals of assessors for section 124HA
64
Section 124J amended (Police safety order to be explained)
65
Section 124K amended (Duration of Police safety order)
66
Section 124L amended (Contravention of Police safety order)
67
New section 124NA inserted (Nature of proceedings and standard of proof under section 124N or 124O)
124NA
Nature of proceedings and standard of proof under section 124N or 124O
68
Section 124O amended (Issue of warrant to arrest person who contravenes Police safety order or fails to attend adjourned proceedings)
New Part 6B inserted
69
New Part 6B inserted
Part 6B
Information requests, use, and disclosure, and service delivery codes of practice
Purpose and interpretation
124T
Purpose of this Part
124U
Interpretation
Information requests, use, and disclosure
124V
Agencies and practitioners may request, use, and disclose information
124VA
Relationship with other enactments
124W
Duty to consider information disclosure
124X
Protection of agency or practitioner disclosing information under section 124V
Service delivery codes of practice
124Y
Codes of practice: service delivery
Miscellaneous provisions (Part 7)
69A
Section 126 amended (Rules of court)
70
Section 127 amended (Regulations)
70A
New section 127A inserted (Consultation required for some regulations under section 127)
127A
Consultation required for some regulations under section 127
Schedules and updating or consequential amendments
71
New Schedule 1 inserted
71A
Amendments to update expression
72
Other enactments amended consequentially
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 orders: approvals of assessors: general
57
Police safety orders: approvals of assessors: criteria to be applied
58
Police safety orders: 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
New Schedule 1 of Family and Whānau Violence Act 1995 inserted
Schedule 1
Transitional, savings, and related provisions
Schedule 2
Consequential amendments
Legislative history
The Parliament of New Zealand enacts as follows: