Family Violence Bill

  • enacted
  • Previous title has changed

Hon Andrew Little

Family Violence Bill

Government Bill

247—3A

Contents

Bill note
Key
1Title
2Commencement
3Principal Act
Title
4Name of principal Act changed
5Long Title repealed
6Section 1 amended (Short Title and commencement)
Preliminary provisions (Part 1)
7New sections 1A to 1C inserted
1APurpose of this Act
1BPrinciples
1COverview of this Act
8Section 2 amended (Interpretation)
9Section 3 replaced (Meaning of domestic violence)
3Meaning of family violence
3AAbuse for purposes of section 3(2)
3BPsychological abuse for purposes of section 3(2)(c)
10Section 4 amended (Meaning of domestic relationship)
11Sections 5 and 6 replaced
5AStatus of examples
5BTransitional, savings, and related provisions
6Act binds the Crown
Protection orders (Part 2)
12Section 7 amended (Application for protection order)
13Section 8 amended (Contents of application)
14Sections 9 to 12 replaced
9Applications by children
9AViews of child on whose behalf application made by representative
10Applications against children
10AAAAdvice from chief executive or social worker
10AABReport from chief executive or social worker
10AMeaning of person lacking capacity
11Applications on behalf of people lacking capacity
12Applications on behalf of people prevented by physical incapacity, fear of harm, or another sufficient cause from applying personally
12AViews of person on whose behalf application made under section 12 by representative
12BApproved organisations
12CApplications by approved organisation authorised to act as representative
14ASection 13 amended (Application without notice for protection order)
15Section 14 amended (Power to make protection order)
16Section 15 amended (Existence of other proceedings not to preclude granting of protection order)
17Section 16 amended (Protection of persons other than applicant)
18Section 17 amended (Protection from respondent’s associates)
19Sections 19 and 20 replaced
19Standard conditions: no family violence, no contact, no having others breach order
20Standard no-contact condition: exceptions with consent
20AStandard no-contact condition: references to consent
20BStandard no-contact condition: other exceptions
20CStandard conditions: associated respondents
20ASection 22 amended (Court may dispense with, modify, discharge, or re-impose standard condition relating to weapons)
21Section 23 amended (Further provisions relating to powers conferred by section 22)
22Section 27 amended (Court may impose special conditions)
23Section 28 replaced (Further provisions relating to certain special conditions)
28Special conditions inconsistent with contact: exceptions with consent
24Section 28B amended (Interim orders in respect of child of applicant’s family)
25Section 28C repealed (Duration of interim order)
26Section 28D replaced (Application for parenting order under Care of Children Act 2004 must be made)
28DProceedings about interim order in respect of child of applicant’s family: legal aid
26ASection 46 amended (Power to vary protection order)
27Section 47 amended (Power to discharge protection order)
28Section 48 replaced (Variation or discharge on behalf of protected person)
48Variation or discharge on behalf of protected person
29Section 49 amended (Offence to breach protection order)
30Section 50 replaced (Power to arrest for breach of protection order)
50Power to arrest for breach of protection order (or related property order)
Programmes (Part 2A)
31Part 2A replaced
Part 2A
Programmes and prescribed services
Interpretation
51AInterpretation
Approval of assessors and service providers
51BAssessors and service providers
Notification of safety concerns
51CAssessor or service provider to notify safety concerns
Safety programmes
51DSafety programmes for protected persons
Non-violence programmes and prescribed services
51EDirections for assessments, non-violence programme, and prescribed standard services
51FObjection process if direction made on application without notice
51GCourt may confirm or discharge direction after considering objection
51HReferral of respondent to assessor
51IAssessor meets with respondent, undertakes assessment, and makes determinations
51JWhen assessor must refer respondent back to court
51KWhen assessor must refer respondent to service provider
51LCourt may direct respondent to engage with prescribed non-standard service
51MReferral to different service provider
51NReferral back to court if programme or service to be delayed or inappropriate
51OTerms of attendance at or engagement with non-violence programme or prescribed service
51PReferral back to court if continued provision no longer appropriate or practicable or affected significantly by non-compliance
51QReport and notice of completion and outcome of programme or service
Confidentiality of information
51RInformation being admitted as evidence or used without court’s authorisation
Enforcement and powers when matter referred back to court
51SPowers if matter brought to attention of Judge
51TNotice of non-compliance with direction
51URegistrar’s response to notice of safety concerns or non-compliance
51VJudge may call respondent before court
51WRespondent called before court
51XOffence to fail to comply with direction
Orders relating to property (Part 3)
32Section 52 replaced (Application for occupation order)
52Application for occupation order
33Section 53 amended (Power to make occupation order)
34Section 54 amended (Effect of occupation order)
35Section 56 amended (Application for tenancy order)
36Section 57 amended (Power to make tenancy order)
37Section 58 amended (Effect of tenancy order)
38Section 60 amended (Application without notice for occupation order or tenancy order)
39Section 61 amended (Procedure for occupation orders and tenancy orders)
39ASection 62 amended (Application for ancillary furniture order)
40Section 64 amended (Effect of ancillary furniture order)
41Section 66 amended (Application for furniture order)
42Section 67 amended (Power to make furniture order)
43Section 68 amended (Effect of furniture order)
43ASection 70 amended (Application without notice for ancillary furniture order or furniture order)
44Sections 71 to 73 replaced
71Applications for property orders by children
71AViews of child on whose behalf application made by representative
72Applications for property orders against children
73Applications for property orders on behalf of people other than children
Procedure (Part 4)
44ASection 79A amended (Review of contact arrangements)
45Section 81 amended (Court may appoint lawyer)
45ANew section 81A inserted (How Judge ascertains child’s views (other than at hearing))
81AHow Judge ascertains child’s views (other than at hearing)
46Section 83 amended (Conduct of proceedings)
47Section 88 amended (Copies of orders to be sent to Police)
48Section 90 amended (Police to consider exercise of powers under Arms Act 1983)
48ASection 91 amended (Appeals to High Court)
49Section 92 amended (Application of provisions relating to minors, etc)
Enforcement of protection orders overseas and foreign protection orders (Part 5)
50Sections 96 and 97 replaced
Enforcement of New Zealand orders overseas
96Enforcement of New Zealand orders overseas
96AInformation necessary to process request or secure enforcement of order
Making requests and making documents available
96BWays requests may be made and documents may be made available
Enforcement of foreign protection orders
97Registration of foreign protection orders
51Section 106 amended (Evidence of orders made in foreign country)
Non-publication of information relating to protected person on public registers (Part 6)
52Cross-heading above section 122 amended
53Section 122 amended (Codes of practice)
54Section 123 amended (Application of certain provisions of Privacy Act 1993)
Police safety orders (Part 6A)
55Section 124A amended (Interpretation)
56Section 124B amended (Qualified constable may issue Police safety order)
57Section 124D replaced (Police safety order not to be issued against child)
124DPolice safety order against child
58Section 124E amended (Effect of Police safety order)
59Section 124F amended (Suspension of firearms licence on issue of Police safety order)
60Section 124G amended (Suspension of parenting orders, etc)
61Section 124H amended (Prompt service of Police safety order required)
62New section 124HA inserted (Police safety orders: risk and needs assessment of bound person)
124HAPolice safety orders: risk and needs assessment of bound person
63New section 124HB inserted (Approvals of assessors for section 124HA)
124HBApprovals of assessors for section 124HA
64Section 124J amended (Police safety order to be explained)
65Section 124K amended (Duration of Police safety order)
66Section 124L amended (Contravention of Police safety order)
67New section 124NA inserted (Nature of proceedings and standard of proof under section 124N or 124O)
124NANature of proceedings and standard of proof under section 124N or 124O
68Section 124O amended (Issue of warrant to arrest person who contravenes Police safety order or fails to attend adjourned proceedings)
New Part 6B inserted
69New Part 6B inserted
Part 6B
Information requests, use, and disclosure, and service delivery codes of practice
Purpose and interpretation
124TPurpose of this Part
124UInterpretation
Information requests, use, and disclosure
124VAgencies and practitioners may request, use, and disclose information
124VARelationship with other enactments
124WDuty to consider information disclosure
124XProtection of agency or practitioner disclosing information under section 124V
Service delivery codes of practice
124YCodes of practice: service delivery
Miscellaneous provisions (Part 7)
69ASection 126 amended (Rules of court)
70Section 127 amended (Regulations)
70ANew section 127A inserted (Consultation required for some regulations under section 127)
127AConsultation required for some regulations under section 127
Schedules and updating or consequential amendments
71New Schedule 1 inserted
71AAmendments to update expression
72Other enactments amended consequentially
Part 1
Preliminary provisions
3Purpose of this Act
4Principles
5Guide to this Act
6Guide to related sentencing provisions
7Status of guides
8Interpretation
9Meaning of family violence
10Meaning of abuse
11Meaning of psychological abuse
12Meaning of family relationship: general
13Meaning of family relationship: sharing household
14Meaning of family relationship: close personal relationship
15Status of examples
16Transitional, savings, and related provisions
17Act binds the Crown
Part 2
Information sharing
Purpose and interpretation
18Purpose of this Part
19Interpretation
Information requests, use, and disclosure
20Authorisations for agencies and practitioners
21Principle guiding decisions whether to disclose
22Duty to comply with service delivery code of practice
23Relationship with other enactments
24Duty to consider information disclosure
25Protection of holder agency or practitioner disclosing information
Part 3
Police safety orders
Preliminary provisions
26Police safety order: guide to this Part
27Police safety order: interpretation
Issuing, serving, and duration
28Police safety order: power to issue order
29Police safety order: matters guiding issue and duration
30Police safety order: issue without consent
31Police safety order: limit on issuing against child
32Police safety order: detention for issuing and serving
33Police safety order: duty to explain order and any related direction for risk and needs assessment
34Police safety order: lapse if not served promptly on bound person
35Police safety order: duration
Effect
36Police safety order: effect: duty to vacate land or building
37Police safety order: effect: duty to surrender weapons
38Police safety order: effect: no family violence, no contact, no having others breach order
39Police safety order: effect: contact that is authorised, and not in breach of order’s no-contact condition
40Police safety order: effect: firearms licence suspended
41Police safety order: effect: parenting orders suspended
42Police safety order: effect: risk and needs assessment
Contravention
43Police safety order: contravention: taking person into custody
44Police safety order: contravention: if person in custody cannot be brought before District Court
45Police safety order: contravention: applying to District Court for direction or order
46Police safety order: contravention: District Court may make direction or order
47Police safety order: contravention: limits on issuing of temporary protection order
48Police safety order: contravention: nature of proceedings: criminal jurisdiction
49Police safety order: contravention: standard of proof
50Police safety order: contravention: rules of court
51Police safety order: contravention: warrant to arrest person who contravenes order, etc
52Police safety order: contravention: protection order to be issued and served
53Police safety order: contravention: protection order to be sent to Family Court
54Police safety order: contravention: protection order treated as if made by Family Court
Administrative provisions
55Police safety order: Police employees, etc, protected from proceedings
56Police safety orders: approvals of assessors: general
57Police safety orders: approvals of assessors: criteria to be applied
58Police safety orders: approvals of assessors: duty to publish
Part 4
Protection orders
Preliminary provisions
59Guide to this Part
Applications: general
60Application for protection order
61Application for order may seek additional directions
Applications: by or against children
62Applications by children
63Views of child on whose behalf application made
64Applications against children
65Advice from chief executive or social worker
66Report from chief executive or social worker
Applications: on behalf of people unable to apply personally
67Applications on behalf of people lacking capacity
68Views of person lacking capacity
69Applications on behalf of other people unable to apply personally
70Views of other person unable to apply personally
Applications: by representatives: approved organisations
71Approved organisations: general
72Approved organisations: criteria to be applied
73Approved organisations: duty to publish
74Applications by approved organisation authorised to act as representative
Applications without notice
75Application without notice: requirements
76Application without notice: order may become final
77Application without notice: respondent
78Application without notice: associated respondent
Making of protection orders
79Requirements for making of protection order
80Violence by another person encouraged by respondent
81Protection order may be based on different types of violence
82Duty to consider whether apparently minor or trivial behaviour forms part of pattern against which victims need protection
83Court must have regard to perception and effect of behaviour
84Other proceedings do not stop making of protection order
85Mutual orders
Scope of protection orders
86Protection of people other than applicant: child of applicant’s family
87Protection of people other than applicant: others
88Protection of people other than applicant: effect of applicant’s death
89Protection from respondent’s associates
Standard conditions of protection orders
90Standard conditions: no family violence, no contact, no having others breach order
91Standard no-contact condition: exceptions with consent
92Standard no-contact condition: contact to which protected person can give or cancel consent
93Standard no-contact condition: contact unable to be authorised
94Standard no-contact condition: giving of consent must be in required form, but cancelling may take any form
95Standard no-contact condition: if special condition specifies that person is entitled to consent on behalf of protected person
96Standard no-contact condition: other exceptions
97Standard conditions: associated respondents
Standard condition about weapons
98Standard condition about weapons: general
99Standard condition about weapons: protection order suspends or revokes firearms licence
100Standard condition about weapons: surrender of weapons or licence
101Standard condition about weapons: effect if condition included when protection order varied
102Standard condition about weapons: associated respondents
Special conditions of protection orders
103Court may impose special conditions
104Special conditions that stop contact: exceptions with consent
Interim care and contact orders
105Interim orders in respect of child of applicant’s family
106Proceedings about interim order in respect of child of applicant’s family: legal aid
Duration, variation, and discharge of protection orders
107Duration of protection order
108Power to vary protection order
109Power to discharge protection order
110Test and criteria for discharging protection order
111Variation or discharge on behalf of protected person
Enforcement of protection orders
112Offence to breach protection order (or related property order)
113Power to arrest for breach of protection order (or related property order)
Part 5
Property orders
Preliminary provisions
114Guide to this Part
Occupation orders
115Occupation order: application for order
116Occupation order: power to make order
117Occupation order: living in dwellinghouse
118Occupation order: periods and conditions
119Occupation order: effect of order
120Occupation order: power to vary or discharge
Tenancy orders
121Tenancy order: application for order
122Tenancy order: power to make order
123Tenancy order: effect of order
124Tenancy order: power to discharge and revest tenancy
General provisions relating to occupation orders and tenancy orders
125Occupation orders and tenancy orders: applications without notice
126Occupation orders and tenancy orders: procedure
Ancillary furniture orders
127Ancillary furniture order: application for order
128Ancillary furniture order: power to make order
129Ancillary furniture order: terms and conditions
130Ancillary furniture order: period and expiry
131Ancillary furniture order: effect of order
132Ancillary furniture order: power to vary or discharge
Furniture orders
133Furniture order: application for order
134Furniture order: power to make order
135Furniture order: terms and conditions
136Furniture order: period and expiry
137Furniture order: effect of order
138Furniture order: power to vary or discharge
Applications without notice for furniture orders
139Ancillary furniture order or furniture order: applications without notice
General provisions relating to property orders
140Applications for property orders by children
141Views of child on whose behalf application made by representative
142Applications for property orders against children
143Applications for property orders on behalf of people other than children
144Notice to people with interest in property affected
145Protection of mortgagees, etc
Part 6
Procedure
Preliminary provisions
146Guide to this Part
Temporary orders
147Respondent to notify intention to appear
148Procedure if respondent does not require hearing
149Requirements and procedure for temporary order to become final
150Court may require hearing before order becomes final
151Application of sections 147 to 150 to other affected people
152Review of contact arrangements
153Procedure if hearing required: general
154Procedure if hearing required: effect of, and limit on, adjournment
155Procedure if hearing required: if part of temporary order has already become final
156Temporary order discharged when made final order
Standard condition about weapons
157Restrictions on powers to remove, change, etc
158Removal or change: if protection order is final or confirmed
159Addition, removal, or change: on application of protection order applicant or respondent
160Addition, removal, or change: on application if protection order applies against associated respondent
161Hearing date if application about temporary protection order
162Making or defending application on behalf of protected person
163Further provisions about effect on firearms licence
164Retention, return, and disposal of surrendered weapons, etc
165Arms Act 1983 not affected
General provisions
166Court may appoint lawyer
167Fees and expenses of lawyer appointed by Court
168How Judge ascertains child’s views (other than at hearing)
169Power of court to call witnesses
170Conduct of proceedings
171Standard of proof
172Orders by consent
173Explanation of orders
174Sending of orders, and risk factor information, to Police
175Information on service of certain orders to be communicated to Police
176Police to consider exercise of powers under Arms Act 1983
Appeals
177Appeals to High Court
178Application of provisions which relate to children, etc
179Appeals to Court of Appeal
180Appeals to be heard as soon as practicable
181Effect of appeal
Restriction on publication
182Restriction of publication of reports of proceedings
Part 7
Programmes and prescribed services
Interpretation
Preliminary provisions
183Guide to this Part
184Interpretation
Notification of safety concerns
185Safety concerns
186Assessor or service provider to notify safety concerns
Safety programmes
187Safety programmes for protected people
Non-violence programmes and prescribed services
188Directions for assessments, non-violence programme, and prescribed standard services
189Objection process if direction made on application without notice
190Court may confirm or discharge direction after considering objection
191Referral of respondent to assessor
192Assessor meets with respondent, undertakes assessment, and makes determinations
193When assessments or determinations need not be undertaken or made
194Order of, and delaying respondent’s attendance or engagement
195Assessor to ascertain, etc, victims’ views
196When assessor must refer respondent back to court
197When assessor must refer respondent to service provider
198Court may direct respondent to engage with prescribed non-standard service
199Referral to different service provider
200Referral back to court if programme or service to be delayed or inappropriate
201Terms of attendance at or engagement with non-violence programme or prescribed service
202Service provider to ascertain, etc, victims’ views
203Referral back to court if continued provision no longer appropriate or practicable or affected significantly by non-compliance
204Report and notice of completion and outcome of programme or service
Confidentiality of information
205Information being admitted as evidence or used without court’s authorisation
Enforcement and powers when matter referred back to court
206Powers if matter brought to attention of Judge
207Notice of non-compliance with direction
208Registrar’s response to notice of safety concerns or non-compliance
209Judge may call respondent before court
210Respondent called before court
211Offence to fail to comply with direction
Approval of assessors and service providers
212Assessors and service providers: approval: general
213Assessors and service providers: approval: criteria
214Assessors and service providers: approval: duty to publish
Part 8
Overseas protection orders
Preliminary provisions
215Guide to this Part
Enforcement of New Zealand orders overseas
216Enforcement of New Zealand orders overseas
217Information necessary to process request or secure enforcement of order
Making requests and making documents available
218Ways requests may be made and documents may be made available
Enforcement of foreign protection orders
219Registration of foreign protection orders
220Copies of registered foreign protection orders to be sent to Police
221Effect of registration
222Variation of registered foreign protection order
223Registered foreign protection orders not to be enforced in certain circumstances
224Evidence taken overseas
225Proof of documents
226Depositions to be evidence
227Prescribed foreign countries
228Evidence of orders made in foreign country
Part 9
Public registers not publishing identifying information related to protected person
Preliminary provisions
229Guide to this Part
Interpretation
230Interpretation
Applications for directions
231Protected person may apply for direction that identifying information on public register not be publicly available
232Agency to determine application
233Agency to notify applicant of decision
234Information not to be disclosed pending determination of application or complaint
Effect of direction
235Effect of direction
236Direction not applicable to relevant information later included in register
Duration of direction
237Duration of direction: if protection order is final order
238Duration of direction: if protection order is temporary order
239Duration of direction: if protection order is discharged
240Duration of direction: if person applies to revoke direction
241Further directions in respect of same relevant information
242Registrar to notify agency of making or discharge of protection order
Disclosure of relevant information with consent
243Disclosure of relevant information with consent of protected person
Other enactments not affected
244Other enactments not affected
Complaints to Privacy Commissioner
245Complaints to Privacy Commissioner
246Investigation of complaint
247Application of certain provisions of Privacy Act 1993
Part 10
Other provisions
Preliminary provisions
248Guide to this Part
Regulations
249Regulations: general
250Regulations: public registers
251Regulations: consultation requirements
Rules
252Rules of court: District Court: Police safety orders
253Rules of court: Family Court
Codes of practice: service delivery
254Codes of practice: service delivery
Codes of practice: public registers
255Codes of practice: public registers
256Application of certain provisions of Privacy Act 1993
257Effect of code
Repeal
258Domestic Violence Act 1995 repealed
Consequential amendments
259Other 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: