Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698749963730.pdf (New Zealand)
Reprint as at 3 December 2007 Domestic Violence (Public Registers) Regulations 1998 (SR 1998/342) PURSUANT to sections 121 and 127 of the Domestic Violence Act 1995, His Excellency the Governor­General, acting by and with the advice and consent of the Executive Council, makes the following regulations.
Contents Part 1 Preliminary provisions Title and commencement Interpretation Application Part 2 Procedural provisions Application forms may be approved for certain public registers Application for direction Page 2 3 3 4 4 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
These regulations are administered in the Ministry of Justice.
1 Part 1 r 1 Domestic Violence (Public Registers) Regulations 1998 Reprinted as at 3 December 2007 When separate applications required Decision to be made without delay Notice of result of application Period during which information not to be disclosed Period after which direction ceases to be in force Complaints to Privacy Commissioner Notices Part 3 Disclosure of information under Births, Deaths, and Marriages Registration Act 1995 Effect of direction on indexes maintained under Births, Deaths, and Marriages Registration Act 1995 Disclosure of information under Births, Deaths, and Marriages Registration Act 1995 for administration of estates Part 4 Disclosure of information under Land Transfer Regulations 1966 15 Disclosure of information under Land Transfer Regulations 1966 for speciﬁed purpose 16 Revocation Part 5 Revocation Schedule 1 Public register provisions Schedule 2 Forms 5 5 5 6 6 6 6 7 7 8 9 9 11 Part 1 Preliminary provisions Title and commencement These regulations may be cited as the Domestic Violence (Public Registers) Regulations 1998.
These regulations come into force on 15 December 1998.
1 (1) (2) 2 Reprinted as at 3 December 2007 Domestic Violence (Public Registers) Regulations 1998 Part 1 r 3 2 (1) Interpretation In these regulations, unless the context otherwise requires,— The Act means the Domestic Violence Act 1995 Agency in relation to a public register, means the agency re­ sponsible for administering the public register Direction means a direction made under section 109 of the Act District Land Registrar means a District Land Registrar ap­ pointed under the Land Transfer Act 1952 Ofﬁce, in relation to an agency, includes— (a) (b) An ofﬁce of any person authorised by the agency to perform any of the agency’s functions in respect of a public register administered by the agency: A district ofﬁce; and Protection order has the same meaning as in section 2 of the Act; and includes any order that is deemed by section 133(3) of the Act to be a protection order Registrar­General means the Registrar­General appointed under the Births, Deaths, and Marriages Registration Act 1995 Working day, in relation to an agency, means any day of the week on which an ofﬁce of the agency is open for business.
(2) Unless the context otherwise requires, words or expressions used in these regulations have the same meaning as in the Act.

In these regulations, a reference to a numbered form is a ref­ erence to the form so numbered in Schedule 2.
(3) 3 Application These regulations apply to— (a) (b) Public registers maintained under any of the provisions speciﬁed in Schedule 1; and The following public registers maintained under regu­ lation 5 of the Land Transfer Regulations 19661: The journal book: (i) (ii) The nominal index: (iii) The section index.
1 SR 1966/25 3 Part 2 r 4 Domestic Violence (Public Registers) Regulations 1998 Reprinted as at 3 December 2007 Part 2 Procedural provisions 4 (1) Application forms may be approved for certain public registers This regulation applies to the following agencies: (a) (b) (c) (d) The Registrar of Companies: The Registrar­General: The Registrar of Incorporated Societies: The Registrar of Industrial and Provident Societies.
(2) An agency to which this regulation applies may approve a form for use by persons who wish to apply for a direction in relation to relevant information on any public register admin­ istered by that agency.

(3) An approved form must include information to assist the appli­ cant to specify with due particularity the relevant information in respect of which a direction is sought, so that the agency may locate that relevant information.
Copies of approved forms must be available, on request, at every ofﬁce of an agency to which this regulation applies, while the ofﬁce is open to the public.

(4) Application for direction 5 (1) A protected person who wishes to apply for a direction in re­ spect of relevant information on a public register must make the application to the agency responsible for administering that public register.

The application must be in writing.


(2) (3) An application to an agency to which regulation 4 applies must be in the form (if any) approved by that agency.

(4) Where no form is approved, an agency must give such reason­ able assistance as is necessary in the circumstances to enable the applicant to specify with due particularity the relevant in­ formation in respect of which a direction is sought.
(5) An application may be made in any of the following ways: By posting the application to the agency: By sending the application to the agency by facsimile transmission: (a) (b) 4 Reprinted as at 3 December 2007 Domestic Violence (Public Registers) Regulations 1998 Part 2 r 8 (c) (d) By leaving the application at any ofﬁce of the agency when it is open to the public: In any other way approved by the agency.
When separate applications required 6 (1) A protected person who wishes to apply for a direction in re­ lation to more than 1 public register must make a separate ap­ plication in respect of each such register.

(2) However, if those public registers are administered by the same agency, the protected person may make a single appli­ cation to that agency in relation to those public registers.
7 Decision to be made without delay An agency to which an application is made under section 108(1) of the Act must, without delay, and in no case after the expiry of 10 working days after the date on which the agency receives the application,— (a) Decide, in accordance with section 109 of the Act, whether the application is to be granted or declined; and (b) Notify the applicant of its decision in accordance with section 110 of the Act.
(2) Notice of result of application 8 (1) When an agency notiﬁes an applicant that it has made the di­ rection sought by the applicant, the agency must also inform the applicant about the effect of the direction.

It is sufﬁcient compliance with subclause (1) if the applicant is given a notice in form 1 or a notice to similar effect.
(3) When an agency notiﬁes an applicant that his or her applica­ tion for a direction has been declined, then, in addition to the matters speciﬁed in section 110(2) of the Act, the agency must inform the applicant about the steps that he or she may take to make a complaint to the Privacy Commissioner.

It is sufﬁcient compliance with subclause (3) if the applicant is given a notice in form 2 or a notice to similar effect.
(4) 5 Part 2 r 9 Domestic Violence (Public Registers) Regulations 1998 Reprinted as at 3 December 2007 Period during which information not to be disclosed 9 (1) Where an application is made under section 108(1) of the Act, then, unless the application is sooner withdrawn, section 112 of the Act applies, as if the direction sought had been made, from the expiry of 3 working days after the date on which the application is received by the agency until the expiry of 5 working days after notice of the agency’s decision on the application is communicated to the applicant.
Subclause (1) is subject to section 111 of the Act.

(2) Period after which direction ceases to be in force 10 (1) Where, in accordance with section 114(3) of the Act, the per­ son on whose application a direction was made or a Registrar notiﬁes an agency that the protection order to which the direc­ tion relates has been discharged, the direction ceases to be in force on the expiry of 5 working days after the date on which the agency receives that notiﬁcation.
(2) Despite subclause (1), where a direction relates to any public register maintained under the Births, Deaths, and Marriages Registration Act 1995 or the Marriage Act 1955, the direction ceases to be in force on the expiry of 10 working days after the date on which the agency responsible for administering that public register receives notiﬁcation in accordance with section 114(3) of the Act.
11 Complaints to Privacy Commissioner A complaint made to the Privacy Commissioner under section 118(1) of the Act must be made within 5 working days af­ ter notice of the decision is communicated to the applicant or within such further period as the Privacy Commissioner may allow on application made either before or after the expiration of that period of 5 working days.
Notices 12 (1) Any notice required by Part VI of the Act to be given to any applicant for a direction may be given by— Delivering it to that person; or (a) Leaving it at that person’s usual or last known place of (b) residence in New Zealand; or 6 Reprinted as at 3 December 2007 Domestic Violence (Public Registers) Regulations 1998 Part 3 r 14 (2) 13 (1) (c) Posting it in a letter addressed to that person at the per­ son’s usual or last known place of residence in New Zealand.
If any such notice is sent to any applicant by post then, in the absence of proof to the contrary, the notice is taken to have been delivered to that person when the letter would have been delivered in the ordinary course of post, and in proving the delivery it is sufﬁcient to prove that the letter was properly addressed and posted.
Part 3 Disclosure of information under Births, Deaths, and Marriages Registration Act 1995 Effect of direction on indexes maintained under Births, Deaths, and Marriages Registration Act 1995 Even though a direction is in force in respect of relevant information included, or about to be included, on a public register maintained under the Births, Deaths, and Marriages Registration Act 1995, nothing in section 112 of the Act prevents the inclusion of that information in an index main­ tained under section 74 of the Births, Deaths, and Marriages Registration Act 1995.
(2) A notice given by the Registrar­General under regulation 7(1) must include information about any index kept under section 74 of the Births, Deaths, and Marriages Registration Act 1995 that includes relevant information, including the type of relevant information the index contains and the availability of access to the register by the public.
14 Disclosure of information under Births, Deaths, and Marriages Registration Act 1995 for administration of estates (1) Where a direction is made, nothing in Part VI of the Act or in these regulations prevents the Registrar­General from permit­ ting a person to inspect any document containing information to which section 76(1) or section 77(4) of the Births, Deaths, and Marriages Registration Act 1995 applies, or from provid­ 7 Part 4 r 15 Domestic Violence (Public Registers) Regulations 1998 Reprinted as at 3 December 2007 (b) ing any person with a print­out or copy of any such document or a print­out of any such information, if the Registrar­General is satisﬁed that— (a) The person wishes to inspect the document or have the print­out or copy for a purpose in connection with the administration of an estate or trust; and The person is executor, administrator, or trustee of the estate or trust; and The information is relevant for that purpose.
(c) Before relevant information in respect of which a direction is in force is disclosed under subclause (1), the Registrar­Gen­ eral must notify the person to whom that direction relates, in writing, of the proposed disclosure.

(2) (3) Despite subclause (2), if it is not practicable to give notice under that subclause before disclosure of the relevant informa­ tion, then the Registrar­General must give that notice as soon as practicable after disclosure of that information.
Part 4 Disclosure of information under Land Transfer Regulations 1966 15 Disclosure of information under Land Transfer Regulations 1966 for speciﬁed purpose (1) Where a direction is made, nothing in Part VI of the Act or in these regulations prevents a District Land Registrar from per­ mitting a person to inspect a journal book, nominal index, or section index to which regulation 5 of the Land Transfer Regu­ lations 1966 applies, if the District Land Registrar is satisﬁed that— (a) The person wishes to inspect the index or journal in connection with any transaction involving land or an enquiry about the status of land; and The information is relevant to that purpose.
(b) Before relevant information in respect of which a direction is in force is disclosed under subclause (1), the District Land Registrar must notify the person to whom that direction relates, in writing, of the proposed disclosure.
(2) 8 Reprinted as at 3 December 2007 Domestic Violence (Public Registers) Regulations 1998 Schedule 1 (3) Despite subclause (2), if it is not practicable to give notice under that subclause before disclosure of the relevant infor­ mation, then the District Land Registrar must give notice as soon as practicable after disclosure of that information.

Part 5 Revocation 16 Revocation The Domestic Violence (Public Registers) Regulations 19962 are revoked.
Schedule 1 Public register provisions Reg 3(1) Enactment Public Register Provision Deeds Registration Act 1908 .............

Sections 21, 22, and 30 Incorporated Societies Act 1908 ........

Section 33 Industrial and Provident Societies Act 1908....................................................

Section 3D Companies Act 1955 ..........................

Sections 105 and 111 Marriage Act 1955 .............................

Section 7 Insolvency Act 2006 ..........................
Section 62 Local Elections and Polls Act 1976 ...

Friendly Societies and Credit Unions Act 1982 .............................................

Sections 7B, 7BA, 7BB, 7BC, and 7 BD Sections 5, 40, and 130 Transport and Driver Registration and Licensing) Act 1986 (Vehicle Section 18 2 SR 1996/149 9 Schedule 1 Domestic Violence (Public Registers) Regulations 1998 Reprinted as at 3 December 2007 Enactment Public Register Provision Rating Powers Act 1988.....................
Section 113 Building Act 1991 .............................. Te Ture Whenua Maori Act 1993.......

Section 263 Electoral Act 1993.............................. Companies Act 1993 ..........................

Births, Deaths, and Marriages Registration Act 1995 ........................

Sections 100, 101, 103, 104, 105, 106, 107, 108, 109, 211, and 212 Sections 87, 88, 189, and 360 Sections 5, 7(2), 8, 24, 25, 34, 36, 48(3), 50, 53, 56, 58 Dog Control Act 1996........................
Section 34 Rating Valuations Act 1998 ...............

Section 7 Personal Property Securities Act 1999 Section 139 Building Act 2004 Sections 216, 273, and 298 Civil Union Act 2004 section 29 “Building Act 1991”: the item relating to this Act was omitted, as from 31 March 2005, by section 414 Building Act 2004 (2004 No 72).

See subpart 4 of Part 5 of that Act (comprising sections 416 to 451) as to the transitional provisions.
“Building Act 2004”: the item relating to this Act was inserted, as from 31 March 2005, by section 414 Building Act 2004 (2004 No 72).

See subpart 4 of Part 5 of that Act (comprising sections 416 to 451) as to the transitional provisions.

“Civil Union Act 2004”: the item relating to this Act was inserted, as from 26 April 2005, by section 46 Civil Union Act 2004 (2004 No 102).
“Industrial and Provident Societies Amendment Act 1952”: the item relating to this Act was omitted, as from 1 May 2002, by section 191(1) Personal Property Securities Act 1999 (1999 No 126).

See also Part 12 of that Act for transitional provisions.

See also clause 2 Personal Property Secuities Act Commencement Order 2002 (SR 2002/60).
10 Reprinted as at 3 December 2007 Domestic Violence (Public Registers) Regulations 1998 Schedule 2 Schedule 1 Insolvency Act 1967: revoked, on 3 December 2007, by section 445 of the Insolvency Act 2006 (2006 No 55).

Schedule 1 Insolvency Act 2006: inserted, on 3 December 2007, by section 445 of the Insolvency Act 2006 (2006 No 55).

“Motor Vehicle Securities Act 1989”: the item relating to this Act was omitted, as from 1 May 2002, by section 191(1) Personal Property Securities Act 1999 (1999 No 126).
See also Part 12 of that Act for transitional provisions.

See also clause 2 Personal Property Secuities Act Commencement Order 2002 (SR 2002/60).

“Personal Property Securities Act 1999”: the item relating to this Act was inserted, as from 1 May 2002, by section 191(1) Personal Property Securities Act 1999 (1999 No 126).

See also Part 12 of that Act for transitional provisions.

See also clause 2 Personal Property Secuities Act Commencement Order 2002 (SR 2002/60).
Schedule 2 Forms Form 1 Reg 8(2) 11 Schedule 2 Domestic Violence (Public Registers) Regulations 1998 Reprinted as at 3 December 2007 Form 1—continued 12 Reprinted as at 3 December 2007 Domestic Violence (Public Registers) Regulations 1998 Schedule 2 Form 1—continued Form 2 Reg 8(4) 13 Explanatory note Domestic Violence (Public Registers) Regulations 1998 Reprinted as at 3 December 2007 Form 2—continued MARIE SHROFF, Clerk of the Executive Council.
Explanatory note This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 15 December 1998, re­ place existing regulations and update them by extending the range of public registers to which the regulations apply to include certain public registers maintained under the Deeds Registration Act 1908, the Land Transfer Regulations 1966, the Rating Powers Act 1988, the Building Act 1981, Te Ture Whenua Maori Act 1993, the Companies 14 Reprinted as at 3 December 2007 Domestic Violence (Public Registers) Regulations 1998 Act 1993, and the Rating Valuations Act 1998.
Existing references to public registers maintained under certain provisions of the Com­ panies Act 1955 which have now been repealed are removed.

The regulations prescribe procedural and other matters for the purposes of Part VI of the Domestic Violence Act 1995.

Under that Part of the Act, directions can be made for the non­publication of information relating to protected persons on public registers.
These regulations apply to only some public registers, being those registers speciﬁed in regulation 3(b) and those registers maintained under the provisions speciﬁed in Schedule 1.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notiﬁcation in Gazette: 12 November 1998.


15 Notes Domestic Violence (Public Registers) Regulations 1998 Reprinted as at 3 December 2007 Contents 1 2 3 General About this eprint List of amendments incorporated in this eprint (most recent ﬁrst) General This is an eprint of the Domestic Violence (Public Registers) Regulations 1998.

It incorporates all the amendments to the Domestic Violence (Public Registers) Regulations 1998 as at 3 December 2007.
The list of amendments at the end of these notes speciﬁes all the amendments incorporated into this eprint since 3 September 2007.

Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

About this eprint This eprint has not been ofﬁcialised.
For more information about ofﬁcialisation, please see "Making online legislation of­ ﬁcial" under "Status of legislation on this site" in the About section of this website.

List of amendments incorporated in this eprint (most recent ﬁrst) Insolvency Act 2006 (2006 No 55): section 445 Notes 1 2 3 16