Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698834249236.pdf (New Zealand)
Reprint as at 16 November 2011 Domestic Violence Act 1995 Public Act Date of assent Commencement 1995 No 86 15 December 1995 see section 1 Contents Title Short Title and commencement Part 1 Preliminary provisions Interpretation Meaning of domestic violence Meaning of domestic relationship Object Act to bind the Crown Part 2 Protection orders Applications Application for protection order Contents of application Applications by minors Applications against minors Page 8 8 8 13 14 15 16 16 17 17 18 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Justice.
1 Domestic Violence Act 1995 Reprinted as at 16 November 2011 26 27 28 Applications on behalf of persons lacking capacity Applications on behalf of certain other persons Application without notice for protection order Scope of protection orders Power to make protection order Existence of other proceedings not to preclude granting of protection order Protection of persons other than applicant Protection from respondent’s associates Mutual orders Standard conditions of protection orders Standard conditions of protection order Further provisions relating to standard condition prohibiting contact Standard condition relating to weapons Standard condition relating to weapons Court may dispense with, modify, discharge, or re-impose standard condition relating to weapons Further provisions relating to powers conferred by section 22 Further provisions relating to effect of standard condition relating to weapons Retention, return, and disposal of surrendered weapons and licences Arms Act 1983 not affected Special conditions of protection orders Court may impose special conditions Further provisions relating to certain special conditions Interim care and contact orders 28B 28C 28D Interim orders in respect of child of applicant’s family Duration of interim order Application for parenting order under Care of Children Act 2004 must be made Programmes Programmes for protected persons Commencement of section 29 Joint programme sessions Power to direct respondent or associated respondent to attend programme Reprinted as at 16 November 2011 Domestic Violence Act 1995 33 34 35 36 37 38 39 40 41 41A 42 42A 43 44 45 46 47 48 Terms of direction that respondent or associated respondent attend programme Registrar to notify programme provider to whom respondent or associated respondent is referred Programme provider to arrange meeting with respondent or associated respondent Direction to attend programme
 made on application without notice Court may confirm or discharge direction Respondent or associated respondent excused from attending Notice of absence from programme Notice of conclusion of programme Programme provider may request variation of direction Powers of Registrar on receipt of notice under section 39 or 41 Judge may call respondent or associated respondent before court Respondent or associated respondent called before court Confidentiality of information disclosed to programme provider Programme providers’ fees and expenses Duration, variation, and discharge of protection orders Duration of protection order Power to vary protection order Power to discharge protection order Variation or discharge on behalf of protected person Enforcement of protection orders 49 49A 50 51 Offence to breach protection order Offence to fail to comply with direction Power to arrest for breach of protection order Release of person arrested [Repealed] Part 3 Orders relating to property Occupation orders 52 53 54 55 Application for occupation order Power to make occupation order Effect of occupation order Power to vary or discharge occupation order 43 44 44 45 46 46 47 47 47 48 48 49 50 51 52 52 53 54 54 55 55 55 56 56 57 57 3 Domestic Violence Act 1995 Reprinted as at 16 November 2011 Tenancy orders Application for tenancy order Power to make tenancy order Effect of tenancy order Power to discharge tenancy order and revest tenancy General provisions relating to occupation orders and tenancy orders Application without notice for occupation order or tenancy order Procedure for occupation orders and tenancy orders Ancillary furniture orders Application for ancillary furniture order Power to make ancillary furniture order Effect of ancillary furniture order Power to vary or discharge ancillary furniture order Furniture orders Application for furniture order Power to make furniture order Effect of furniture order Power to vary or discharge furniture order Applications without notice for
 furniture orders Application without notice for ancillary furniture order or furniture order General provisions relating to property orders Applications for property orders by minors Applications for property orders against minors Applications for property orders on behalf of persons other than children Notice to persons with interest in property affected Protection of mortgagees, etc Part 4 Procedure Temporary orders Respondent to notify intention to appear Procedure where respondent does not require hearing Court may require hearing before order becomes final Application of sections 76 to 78 to other affected persons Review of contact arrangements 79A 4 Reprinted as at 16 November 2011 Domestic Violence Act 1995 80 80A Procedure where hearing required Temporary order discharged when made final order under section 80(1) General provisions Court may appoint lawyer Power of court to call witnesses Conduct of proceedings Evidence Standard of proof Orders by consent Explanation of orders Copies of orders to be sent to Police Information on service of certain orders to be communicated to Police Police to consider exercise of powers under Arms Act 1983 Appeals Appeals to High Court Application of provisions relating to minors, etc Appeals to Court of Appeal Appeals to be heard as soon as practicable Effect of appeal Part 5 Enforcement of protection orders overseas and foreign protection orders Enforcement of New Zealand orders overseas Enforcement of New Zealand orders overseas Enforcement of foreign protection orders Registration of foreign protection orders Copies of registered foreign protection orders to be sent to Police Effect of registration Variation of registered foreign protection order Registered foreign protection orders not to be enforced in certain circumstances Evidence taken overseas Proof of documents
 Depositions to be evidence Prescribed foreign countries Evidence of orders made in foreign country Domestic Violence Act 1995 Reprinted as at 16 November 2011 Part 6 Non-publication of information relating to protected person on public registers Interpretation 107 Interpretation 108 109 110 111 112 113 114 115 116 Applications for directions Protected person may apply for direction that identifying information on public register not be publicly available Agency to determine application Agency to notify applicant of decision Information not to be disclosed pending determination of application or complaint Effect of direction Effect of direction Direction not applicable to relevant information subsequently included in register Duration of direction Duration of direction Registrar to notify agency of making or discharge of protection order Disclosure of relevant information with consent Disclosure of relevant information with consent of protected person 117 Other enactments not affected Other enactments not affected Complaints to Privacy Commissioner 118 119 120 Complaints to Privacy Commissioner Investigation of complaint Application of certain provisions of Privacy Act 1993 121 Regulations Regulations Codes of practice 122 123 124 Codes of practice Application of certain provisions of Privacy Act 1993 Effect of code 6 88 89 89 90 90 91 92 92 93 94 94 95 95 96 96 97 97 98 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 6A Police safety orders 124A Interpretation 124B Qualified constable may issue Police safety order 124C Consent to issue of Police safety order not required 124D Police safety order not to be issued against child 124E Effect of Police safety order 124F Suspension of firearms licence on issue of Police safety order 124G Suspension of parenting orders, etc 124H Prompt
 service of Police safety order required 124I Detention by constable 124J 124K Duration of Police safety order 124L Contravention of Police safety order 124M Issue of summons where person cannot be brought before Police safety order to be explained District Court within 24 hours 124N Jurisdiction of District Court 124O Issue of warrant to arrest person who contravenes Police safety order or fails to attend adjourned proceedings Protection order to be issued and served 124P 124Q Protection order to be sent to Family Court 124R Protection order treated as if made by Family Court Police employees, etc, protected from proceedings 124S Part 7 Miscellaneous provisions Restriction on publication 125 Restriction of publication of reports of proceedings Rules and regulations 126 127 Rules of court Regulations Saving 128 Property (Relationships) Act 1976 not affected Repeals and consequential amendments 129 130 131 132 Repeals Amendments to Arms Act 1983 Amendment to Children, Young Persons, and Their Families Act 1989 Amendment to Electoral Act 1993 98 98 99 99 99 100 101 101 101 102 102 103 103 104 105 106 107 107 107 107 108 110 113 113 113 113 113 7 Domestic Violence Act 1995 Reprinted as at 16 November 2011 133 Transitional provisions 113 Transitional provisions An Act to provide greater protection from domestic violence Short Title and commencement This Act may be cited as the Domestic Violence Act 1995.
Except as provided in subsection (3) and section 30, this Act shall come into force on a date to be appointed by the Gov- ernor-General by Order in Council.

Part 6 shall come into force on a date to be appointed by the Governor-General by Order in Council; and 1 or more Orders in Council may be made appointing different dates for differ- ent provisions and for different purposes.
Section 1: Domestic Violence Act 1995 (except section 29 and sections 108–120 of Part 6 came into force only for certain purposes), brought into force, on 1 July 1996, by the Domestic Violence Act Commencement Order 1996 (SR 1996/142).

Section 1: sections 108–120 brought into force for certain purposes, on 15 December 1998, by the Domestic Violence Act Commencement Order 1998 (SR 1998/343).
Part 1 Preliminary provisions Interpretation In this Act, unless the context otherwise requires,— ancillary furniture order means an order made under sec- tion 63; and includes a temporary order made under that sec- tion applicant means— (a) a person who applies for an order under this Act on his or her own behalf: the person on whose behalf an application for an order is made pursuant to section 9 or section 11 or section 12 or section 73 (b) 1 (1) (2) (3) 2 8 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 1 s 2 application without notice means an application made with- out notice to the person or persons against whom the applica- tion is made approved agency means any organisation (whether incorpor- ated or unincorporated) that is for the time being approved, in accordance with regulations made under this Act, to provide programmes associated respondent means a person against whom a pro- tection order applies by virtue of a direction made pursuant to section 17 child means a person who is under the age of 17 years; but does not include a person who is or has been married or in a civil union or a de facto relationship child of the applicant’s family means a child who ordinarily or periodically resides with the applicant (whether or not the child is a child of the applicant and the respondent or of either of them) country includes any State, territory, province, or other part of a country court means a Family Court or a District Court; and includes a Judge of any such court day-to-day care has the meaning given to it by section 8 of the Care of Children Act 2004 domestic relationship means one of the relationships set out in section 4(1) domestic violence has the meaning set out in section 3 dwellinghouse includes— (a) any flat or town house, whether or not occupied pur- suant to a licence to occupy within the meaning of sec- tion 121A of the Land Transfer Act 1952: any mobile home, caravan, or other means of shelter placed or erected upon any land and intended for occu- pation on that land (b)
 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 by blood or by or through marriage, a civil union, or a de facto relationship, or by adoption: 9 Part 1 s 2 Domestic Violence Act 1995 Reprinted as at 16 November 2011 (b) any other person who is a member of the person’s whanau or other culturally recognised family group: [Repealed] (c) firearms licence means a firearms licence issued under sec- tion 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 an order that varies, discharges, or is made in substitution for, such an order; but (ii) (b) does not include— (i) (ii) (iii) an order made ex parte; or an order of an interim nature; or an order made by a court in a prescribed foreign country that varies, discharges, or is made in sub- stitution for, a New Zealand order that is regis- tered or is otherwise enforceable in that country furniture order means an order made under section 67; and includes a temporary order made under that section lawyer has the meaning given to it by section 6 of the Lawyers and Conveyancers Act 2006 occupation order means an order made under section 53; and includes a temporary order made under that section 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 con- texts, means, in relation to a person,— (a) (b) (c) the person’s civil union partner; or the person’s de facto partner; or any other person, in any case where those persons are the biological parents of the same person prescribed foreign country means— (a) Australia; or 10
 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 1 s 2 (b) (c) any state or territory of Australia; or any other country outside New Zealand that is declared, by Order in Council made under section 105, to be a prescribed foreign country (ii) (iii) (b) (c) programme, means a programme— (a) that is for the time being approved in accordance with regulations made under this Act; and that is provided by a programme provider; and that,— (i) in the case of a programme provided to a pro- tected person (other than a child), has the pri- mary objective of promoting (whether by educa- tion, information, support, or otherwise) the pro- tection of that person from domestic violence: in the case of a programme provided to a pro- tected person who is a child, has the primary ob- jective of assisting the child to deal with the ef- fects of domestic violence: in the case of a programme provided to a respond- ent or an associated respondent, has the primary objective of stopping or preventing domestic vio- lence on the part of the respondent or, as the case requires, the associated respondent programme provider means a person who is for the time be- ing approved, in accordance with regulations made under this Act, to provide programmes; and includes a person who, in accordance with the terms of the approval of any approved agency, is for the time being authorised to provide programmes property, in relation to a person, means property that— (a) (b) the person owns; or the person does not own but— uses or enjoys; or (i) is available for the person’s use or enjoyment; or (ii) is in the person’s care or custody; or (iii) is at the person’s dwellinghouse (iv) protected person, in relation to a protection order, means— (a) (b) the person for whose protection the order is made: any child of that person’s family: 11 Part 1 s 2 Domestic Violence Act 1995 Reprinted as at 16 November 2011 (c) any person for whose benefit the order applies pursuant to a direction made under section
 16 protection order means an order made under section 14; and includes a temporary order made under that section registered foreign protection order means a foreign protec- tion order that is registered in a court pursuant to section 97 Registrar means the Registrar of a court; and includes a Deputy Registrar of a court representative,— (a) in relation to a minor aged 16 or under, means a guardian ad litem or next friend appointed, pursuant to rules of court, to take proceedings under this Act on behalf of that minor aged 16 or under: in relation to a person to whom section 11 applies, means a guardian ad litem appointed, pursuant to rules of court, to take proceedings under this Act on behalf of that person: in relation to a person to whom section 12 applies, means a guardian ad litem appointed, pursuant to that section, to take proceedings under this Act on behalf of that person (b) (c) 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 pursuant to section 27 specified person means a person for whose benefit a pro- tection order applies pursuant to a direction made under sec- tion 16 standard condition relating to weapons means the standard condition contained in section 21 temporary order means an order of limited duration that is made on an application without notice tenancy order means an order made under section 57; and includes a temporary order made under that section 12 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 1 s 3 tenant, in relation to any dwellinghouse, includes any per- son— (a) whose tenancy of that dwellinghouse has expired or been determined; and (b) who is for the time being deemed, pursuant to any en- actment or rule of
 law, to continue to be the tenant of the dwellinghouse;— and tenancy has a corresponding meaning use domestic violence, in relation to any person, means to engage in behaviour that amounts to domestic violence against that person weapon means any firearm, airgun, pistol, restricted weapon, ammunition, or explosive, as those terms are defined in the Arms Act 1983.
Compare: 1982 No 120 s 2 Section 2 child: amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 2 day-to-day care: inserted, on 16 November 2011, by section 5 of the Domestic Violence Amendment Act 2011 (2011 No 58).

Section 2 family member paragraph (a): substituted, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
Section 2 family member paragraph (c): repealed, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 2 lawyer: substituted, on 1 August 2008, by section 348 of the Lawyers and Conveyancers Act 2006 (2006 No 1).

Section 2 parenting order: inserted, on 16 November 2011, by section 5 of the Domestic Violence Amendment Act 2011 (2011 No 58).
Section 2 partner: substituted, on 26 April 2005, by section 7 of the Relation- ships (Statutory References) Act 2005 (2005 No 3).

Section 2 representative paragraph (a): amended, on 26 April 2005, by sec- tion 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 2 Secretary: amended, on 1 October 2003, pursuant to section 14(2) of the State Sector Amendment Act 2003 (2003 No 41).
3 (1) (2) Meaning of domestic violence In this Act, domestic violence, in relation to any person, means violence against that person by any other person with whom that person is, or has been, in a domestic relationship.
In this section, violence means— (a) (b) physical abuse: sexual abuse: 13 Part 1 s 4 Domestic Violence Act 1995 Reprinted as at 16 November 2011 (c) psychological abuse, including, but not limited to,— (i) (ii) (iii) (iv) intimidation: harassment: damage to property: threats of physical abuse, sexual abuse, or psy- chological abuse: in relation to a child, abuse of the kind set out in subsection (3).
(v) (3) Without limiting subsection (2)(c), a person psychologically abuses a child if that person— (a) causes or allows the child to see or hear the physical, sexual, or psychological abuse of a person with whom the child has a domestic relationship; or puts the child, or allows the child to be put, at real risk of seeing or hearing that abuse occurring;— (b) but the person who suffers that abuse is not regarded, for the purposes of this subsection, as having caused or allowed the child to see or hear the abuse, or, as the case may be, as having put the child, or allowed the child to be put, at risk of seeing or hearing the abuse.
(4) Without limiting subsection (2),— (a) (b) a single act may amount to abuse for the purposes of that subsection: a number of acts that form part of a pattern of behaviour may amount to abuse for that purpose, even though some or all of those acts, when viewed in isolation, may appear to be minor or trivial.

Behaviour may be psychological abuse for the purposes of subsection (2)(c) which does not involve actual or threatened physical or sexual abuse.
Meaning of domestic relationship For the purposes of this Act, a person is in a domestic rela- tionship with another person if the person— (a) (b) (c) (d) is a spouse or partner of the other person; or is a family member of the other person; or ordinarily shares a household with the other person; or has a close personal relationship with the other person.
(5) 4 (1) 14 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 1 s 5 (2) (3) For the purposes of subsection (1)(c), a person is not regarded as sharing a household with another person by reason only of the fact that— (a) a landlord-tenant relationship; or an employer-employee relationship; or an employee-employee relationship— the person has— (i) (ii) (iii) with that other person; and they occupy a common dwellinghouse (whether or not other people also occupy that dwellinghouse).
For the purposes of subsection (1)(d), a person is not regarded as having a close personal relationship with another person by reason only of the fact that the person has— an employer-employee relationship; or (a) (b) an employee-employee relationship— with that other person.
(b) (4) Without limiting the matters to which a court may have regard in determining, for the purposes of subsection (1)(d), whether a person has a close personal relationship with another person, the court must have regard to— (a) the nature and intensity of the relationship, and in par- ticular— (i) (ii) the amount of time the persons spend together: the place or places where that time is ordinarily spent: the manner in which that spent;— time is ordinarily (iii) but it is not necessary for there to be a sexual relation- ship between the persons: the duration of the relationship.
(b) Section 4(1)(a): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

5 (1) Object The object of this Act is to reduce and prevent violence in domestic relationships by— (a) recognising that domestic violence, in all its forms, is unacceptable behaviour; and 15 Part 1 s 6 Domestic Violence Act 1995 Reprinted as at 16 November 2011 (b) ensuring that, where domestic violence occurs, there is effective legal protection for its victims.
(2) This Act aims to achieve its object by— (a) empowering the court to make certain orders to protect victims of domestic violence: ensuring that access to the court is as speedy, inexpen- sive, and simple as is consistent with justice: providing, for persons who are victims of domestic vio- lence, appropriate programmes: requiring respondents and associated respondents to at- tend programmes that have the primary objective of stopping or preventing domestic violence: providing more effective sanctions and enforcement in the event that a protection order is breached.
(b) (c) (d) (e) (3) Any court which, or any person who, exercises any power con- ferred by or under this Act must be guided in the exercise of that power by the object specified in subsection (1).

6 Act to bind the Crown This Act binds the Crown.

Part 2 Protection orders Applications Application for protection order 7 (1) A person who is or has been in a domestic relationship with another person may apply to the court for a protection order in respect of that other person.
(2) Where the person who is eligible to apply for a protection order is under 16 years of age, the application must be made by a representative in accordance with section 9(2).

(3) Where the person who is eligible to apply for a protection order is a person to whom section 11 applies, the application must be made by a representative in accordance with that section.
(4) Where the person who is eligible to apply for a protection order is aged 16 years or older but is unable, in the circumstances specified in section 12(1)(b), to make the application person- 16 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 2 s 9 ally, an application may be made on that person’s behalf by a representative appointed in accordance with section 12.

Section 7(2): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
Section 7(4): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
8 Contents of application Any application for a protection order may seek— (a) (b) a direction under section 16 that the order apply for the benefit of a particular person with whom the applicant has a domestic relationship: a direction under section 17 that the order apply against a particular person, being a person whom the respond- ent has encouraged to engage in behaviour that, if en- gaged in by the respondent, would amount to domestic violence against the applicant, a child of the applicant’s family, or a person referred to in paragraph (a).
9 (1) Applications by minors Subject to subsections (2) (2A) and (4), a minor may make an application for a protection order under this Act.

(2) A minor under 16 years of age must make the application for a protection order by a representative pursuant to rules of court.

(2A) Subject to sections 11 and 12, a minor aged 16 years may make an application either on his or her own behalf under subsec- tion (4), or by a representative pursuant to rules of court.
(3) Nothing in subsection (2) or subsection (2A) prevents a minor under the age of 17 on whose behalf an application for a pro- tection order is made by a representative from being heard in the proceedings; and where the minor expresses views on the need for and outcome of the proceedings, the court must take account of those views to the extent that it thinks fit, having regard to the age and maturity of the minor.
Subject to sections 11 and 12, a minor— (a) who is aged 17 years or over; and (b) who wishes to apply for a protection order— (4) 17 Part 2 s 10 Domestic Violence Act 1995 Reprinted as at 16 November 2011 must make the application on his or her own behalf, without a next friend or guardian ad litem, and orders may be made on the application, and enforced, as if the minor were of full age.
Compare: 1980 No 94 s 158 Section 9(1): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 9(2): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 9(2A): inserted, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 9(3): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
Section 9(4)(a): substituted, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

(2) Applications against minors 10 (1) No application for a protection order may be made against a minor under the age of 17 years, unless the minor is or has been married or in a civil union or de facto relationship.
The court must not make a direction under section 17 that a protection order apply against a minor under the age of 17 years, unless the minor is or has been married or in a civil union or de facto relationship.
For the avoidance of doubt, it is hereby declared that— (a) (3) an application for a protection order may be made against a minor who is or has been married, or in a civil union or de facto relationship, or who has attained the age of 17 years, and orders may be made on the application, and enforced; and the court may make a direction under section 17 that a protection order apply against such a minor,— (b) as if the minor were of full age.
Section 10(1): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 10(2): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 10(3)(a): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
Applications on behalf of persons lacking capacity This section applies to any person aged 16 years or over who— 11 (1) 18 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 2 s 12 (a) (b) lacks, wholly or partly, the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to his or her personal care and welfare; or has the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters re- lating to his or her personal care and welfare, but wholly lacks the capacity to communicate decisions in respect of such matters.
(2) Where a person to whom this section applies is eligible to apply for a protection order, then, in any of the circumstances referred to in any of paragraphs (a) to (c), the application must be made, on that person’s behalf, by a representative in accord- ance with rules of court: (a) in any case where no one has power, under an ap- pointment made under the Protection of Personal and Property Rights Act 1988, to make such an application on the first-mentioned person’s behalf: even though a person has power, under such an appoint- ment, to make such an application, in any case where the person so appointed has refused or failed to do so: in any case where the first-mentioned person is a minor who is not a child.
(b) (c) (3) Notwithstanding anything in the Protection of Personal and Property Rights Act 1988, an application must not be made under that Act for an order under section 10(1)(i) of that Act solely for the purpose of the commencement of proceedings under this Act.

Section 11(1): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
12 (1) Applications on behalf of certain other persons This section applies where— (a) a person aged 16 years or over (other than a person to whom section 11 applies) is eligible to apply for a protection order; and that person is unable, whether by reason of physical incapacity or fear of harm or other sufficient cause, to make the application personally; and (b) 19 Part 2 s 12 Domestic Violence Act 1995 Reprinted as at 16 November 2011 (c) it is desirable that the protection order be sought on an application without notice.
(2) Where this section applies, the court or a Registrar may, on an application without notice made by an adult person who is not under disability, appoint any adult person to be a representative of another person for the purpose of making and prosecuting, on behalf of that other person, an application for a protection order.
(3) Where an application for the appointment of a representative is made pursuant to subsection (2), the court or Registrar must make the appointment sought if the court or, as the case re- quires, the Registrar is satisfied,— (a) that reasonable steps have been taken to ascertain the wishes of the person to whom the application relates in relation to the matter; and (b) where the wishes of that person have been able to be ascertained,— (i) that the person does not object to the appoint- ment; or (ii) that the person’s objection is not freely made; and that it is in the best interests of the person to whom the application relates to make the appointment; and that the proposed appointee— (i) (ii) that there is unlikely to be any conflict between the inter- ests of the proposed appointee and the interests of the person in respect of whom the application is made.
consents in writing to the appointment; and is not under disability; and (c) (d) (e) (4) The fact that an application for a protection order is made, on a person’s behalf, by a representative appointed pursuant to this section does not prevent the person on whose behalf the application is made from being heard in the proceedings.
(5) Without limiting subsection (3)(b), where— (a) (b) a representative appointed pursuant to this section ap- plies, on another person’s behalf, for a protection order; and at any time before the application is determined, the other person objects to the continuation of the proceed- ings,— 20 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 2 s 13 then, unless the court is satisfied that the objection is not freely made, no further steps may be taken in the proceedings.
Section 12(1)(a): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Application without notice for protection order 13 (1) A protection order may be made on an application without no- tice if the court is satisfied that the delay that would be caused by proceeding on notice would or might entail— (a) (b) to the applicant or a child of the applicant’s family, or both.
a risk of harm; or undue hardship— (2) Without limiting the matters to which the court may have re- gard when determining whether to grant a protection order on an application without notice, the court must have regard to— the perception of the applicant or a child of the appli- (a) cant’s family, or both, of the nature and seriousness of the respondent’s behaviour; and the effect of that behaviour on the applicant or a child of the applicant’s family, or both.
(b) (3) A protection order made on an application without notice is a temporary order that, subject to sections 76 to 80, and un- less it is sooner discharged, becomes final by operation of law 3 months after the date on which it is made.
(4) Where a protection order is made on an application without notice, the respondent may,— (a) notify the court, in accordance with section 76, that he or she wishes to be heard on whether a final order should be substituted for the temporary protection order: apply pursuant to section 22 for the modification or dis- charge of the standard condition relating to weapons: apply pursuant to section 46 for a variation or discharge of any special conditions of the protection order: apply pursuant to section 47 for the protection order to be discharged: where a direction is made pursuant to section 32 in re- spect of the respondent, notify the court, in accordance with section 36, that he or she objects to the direction.
(b) (c) (d) (e) 21 Part 2 s 14 Domestic Violence Act 1995 Reprinted as at 16 November 2011 (5) Where a protection order is made on an application without notice and, pursuant to section 17, the court directs that the order applies against another person, that associated respond- ent may,— (a) (c) (b) notify the court, in accordance with section 76 (as ap- plied by section 79), that he or she wishes to be heard on whether a final order should be substituted for the temporary protection order, in so far as the order relates to him or her: apply pursuant to section 22 for the modification or dis- charge of the standard condition relating to weapons, in so far as the standard condition relates to him or her: apply pursuant to section 46 for a variation or discharge of any special condition of the protection order, in so far as the special condition relates to him or her: apply pursuant to section 47 for the protection order to be discharged, in so far as the order relates to him or her: where a direction is made pursuant to section 32 in re- spect of the associated respondent, notify the court, in accordance with section 36, that he or she objects to the direction.
Compare: 1982 No 120 s 5 (d) (e) Scope of protection orders Power to make protection order The court may make a protection order if it is satisfied that— the respondent is using, or has used, domestic violence (a) against the applicant, or a child of the applicant’s family, or both; and the making of an order is necessary for the protection of the applicant, or a child of the applicant’s family, or both.
(b) For the purposes of subsection (1)(a), a respondent who en- courages another person to engage in behaviour that, if en- gaged in by the respondent, would amount to domestic vio- lence against the applicant, or a child of the applicant’s fam- ily, or both, is regarded as having engaged in that behaviour personally.
14 (1) (2) 22 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 2 s 15 (3) Without limiting section 3(4)(b) or the matters that the court may consider in determining, for the purposes of subsec- tion (1)(b) of this section, whether the making of an order is necessary for the protection of the applicant, or a child of the applicant’s family, or both, where some or all of the behaviour in respect of which the application is made appears to be minor or trivial when viewed in isolation, or appears unlikely to recur, the court must nevertheless consider whether the behaviour forms part of a pattern of behaviour in respect of which the applicant, or a child of the applicant’s family, or both, need protection.
For the avoidance of doubt, an order may be made under sub- section (1) where the need for protection arises from the risk of domestic violence of a different type from the behaviour found to have occurred for the purposes of paragraph (a) of that subsection.
(4) (5) Without limiting the matters that the court may consider when determining whether to make a protection order, the court must have regard to— (a) the perception of the applicant, or a child of the ap- plicant’s family, or both, of the nature and seriousness of the behaviour in respect of which the application is made; and the effect of that behaviour on the applicant, or a child of the applicant’s family, or both.
(b) 15 Existence of other proceedings not to preclude granting of protection order A court must not decline to make a protection order merely because of the existence of other proceedings (including, but not limited to, proceedings relating to the role of providing day-to-day care for, or contact with, or custody of a minor) between or relating to the parties, whether or not those pro- ceedings also relate to any other person.
Section 15: amended, on 1 July 2005, by section 151 of the Care of Children Act 2004 (2004 No 90).

23 Part 2 s 16 Domestic Violence Act 1995 Reprinted as at 16 November 2011 Protection of persons other than applicant 16 (1) Where the court makes a protection order, that order applies for the benefit of any child of the applicant’s family.
(1A) A protection order continues to apply for the benefit of a child of the applicant’s family until— (a) the child ceases to be a child of the applicant’s family; or the order sooner lapses or is discharged.
(b) If a child of the applicant’s family having attained the age of 17 years continues to ordinarily or periodically reside with the ap- plicant (an adult child), a protection order continues to apply for the benefit of the adult child until— (a) the adult child ceases to ordinarily or periodically reside with the applicant; or the order sooner lapses or is discharged.
(b) Subject to subsection (3), where the court makes a protection order, it may direct that the order also apply for the benefit of a particular person with whom the applicant has a domestic relationship.
(1B) (2) (3) No direction may be made pursuant to subsection (2) in respect of a person unless the court is satisfied that— (a) the respondent is engaging, or has engaged, in be- haviour that, if the respondent and the person were or, as the case may be, had been in a domestic relationship, would amount to domestic violence against the person; and the respondent’s behaviour towards the person is due, in whole or in part, to the applicant’s domestic relationship with the person; and the making of a direction under this section is necessary for the protection of the person; and (b) (c) (d) where practicable, the person consents to the direction being made.
Subsections (2) to (5) of section 14 apply, with the necessary modifications, in respect of an application for a direction pur- suant to subsection (2) of this section.
If the applicant dies at any time after a protection order is made for the protection of the applicant, then, notwithstanding the (4) (5) 24 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 2 s 17 death of the applicant, the order (if it has not sooner lapsed or been discharged) continues to apply for the benefit of— (a) a child who at the time of the applicant’s death was a child of the applicant’s family, until that child attains the age of 17 years; and a person in respect of whom a direction has been made under subsection (2), until the order lapses or is dis- charged.
(b) (6) 17 (1) Subsections (1A), (1B), and (5) apply in respect of a protection order regardless of whether the protection order is made before or after the commencement of those subsections.

Section 16(1A): inserted, on 16 November 2011, by section 6(1) of the Domes- tic Violence Amendment Act 2011 (2011 No 58).

Section 16(1B): inserted, on 16 November 2011, by section 6(1) of the Domestic Violence Amendment Act 2011 (2011 No 58).
Section 16(5): added, on 16 November 2011, by section 6(2) of the Domestic Violence Amendment Act 2011 (2011 No 58).

Section 16(6): added, on 16 November 2011, by section 6(2) of the Domestic Violence Amendment Act 2011 (2011 No 58).
Protection from respondent’s associates Subject to subsection (2), where the court makes a protection order against the respondent, the court may also direct that the order apply against a person whom the respondent is encour- aging, or has encouraged, to engage in behaviour against a protected person, where that behaviour, if engaged in by the respondent, would amount to domestic violence.
(2) No direction may be made under subsection (1) in respect of a person unless the court is satisfied that— (a) the person is engaging, or has engaged, in behaviour against a protected person, where that behaviour, if en- gaged in by the respondent, would amount to domestic violence; and the making of a direction under this section is necessary for the protection of the protected person.
(3) A direction may be made pursuant to subsection (1) whether the behaviour against a protected person was engaged in be- fore or after the person became a protected person.

(b) 25 Part 2 s 18 Domestic Violence Act 1995 Reprinted as at 16 November 2011 (4) Subsections (2) to (5) of section 14 apply, with the necessary modifications, in respect of an application for a direction pur- suant to subsection (1) of this section.
18 Mutual orders Where the court grants an application for a protection order, it must not also make a protection order in favour of the re- spondent unless the respondent has made an application for a protection order and the court has determined that application in accordance with this Act.
Standard conditions of protection orders 19 (1) Standard conditions of protection order It is a condition of every protection order that the respondent must not— (a) (b) physically or sexually abuse the protected person; or threaten to physically or sexually abuse the protected person; or damage, or threaten to damage, property of the pro- tected person; or engage, or threaten to engage, in other behaviour, in- cluding intimidation or harassment, which amounts to psychological abuse of the protected person; or encourage any person to engage in behaviour against a protected person, where the behaviour, if engaged in by the respondent, would be prohibited by the order.
(c) (d) (e) (2) Without limiting subsection (1), but subject to section 20, it is a condition of every protection order that at any time other than when the protected person and the respondent are, with the express consent of the protected person, living in the same dwellinghouse, the respondent must not,— (a) watch, loiter near, or prevent or hinder access to or from, the protected person’s place of residence, business, em- ployment, educational institution, or any other place that the protected person visits often; or follow the protected person about or stop or accost the protected person in any place; or (b) 26 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 2 s 19 (c) without the protected person’s express consent, enter or remain on any land or building occupied by the pro- tected person; or (d) where the protected person is present on any land or building, enter or remain on that land or building in circumstances that constitute a trespass; or (e) make any other contact with the protected person (whether by telephone, electronic message, corres- pondence, or otherwise), except such contact— (i) (ii) as is reasonably necessary in any emergency; or as is permitted under any order or written agree- ment relating to the role of providing day-to-day care for, or contact with, or custody of any minor; or as is permitted under any special condition of the protection order; or as is necessary for the purposes of attending a family group conference within the meaning of section 2 of the Children, Young Persons, and Their Families Act 1989.
(iii) (iv) (4) (3) Where, pursuant to a direction made under section 17, a pro- tection order applies against an associated respondent, the pro- visions of this section apply, with all necessary modifications, in respect of the associated respondent.
References in subsection (2) of this section to the express con- sent of a protected person include the express consent of a per- son (other than the respondent or, as the case may be, the as- sociated respondent) who is specified, in a special condition of the protection order imposed pursuant to section 27(3), as a person who is entitled to consent, on the protected person’s behalf, in relation to the matter, and to withdraw such consent.
Compare: 1982 No 120 ss 7, 16 Section 19(2)(e): amended, on 28 October 2009, by section 4 of the Domestic Violence Amendment Act 2009 (2009 No 43).

Section 19(2)(e)(ii): amended, on 1 July 2005, by section 151 of the Care of Children Act 2004 (2004 No 90).
27 Part 2 s 20 Domestic Violence Act 1995 Reprinted as at 16 November 2011 20 (1) (2) Further provisions relating to standard condition prohibiting contact The standard condition contained in section 19(2) (in this sec- tion referred to as the non-contact condition) has effect ex- cept while the protected person and the respondent are, with the express consent of the protected person, living in the same dwellinghouse.
The non-contact condition is automatically suspended for any period during which the protected person and the respondent, with the express consent of the protected person, live in the same dwellinghouse.
(3) Where the non-contact condition is suspended in accordance with subsection (2), and the protected person subsequently withdraws his or her consent to the respondent living in the same dwellinghouse, then (unless the protection order has been sooner discharged) the non-contact condition automat- ically revives.

The non-contact condition— (a) may become suspended in accordance with subsec- (4) tion (2) on 1 or more occasions: (b) may revive in accordance with subsection (3) on 1 or more occasions.
(5) Where, pursuant to a direction made under section 17, a pro- tection order applies against an associated respondent, the pro- visions of this section apply, with all necessary modifications, in respect of the associated respondent.
References in this section to the consent of a protected person, or to the withdrawal of a protected person’s consent, include, as the case requires,— (a) (6) the consent of a person (other than the respondent or, as the case may be, the associated respondent) who is specified, in a special condition of the protection order imposed pursuant to section 27(3), as a person who is entitled to consent, on the protected person’s behalf, in relation to the matter: the withdrawal of consent by such a person.
(b) 28 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 2 s 21 Standard condition relating to weapons 21 (1) (2) (3) Standard condition relating to weapons Subject to section 22, it is a condition of every protection order— (a) that the respondent must not possess, or have under his or her control, any weapon; and that the respondent must not hold a firearms licence; and that the respondent must,— (i) (b) (c) as soon as practicable after the service on him or her of a copy of the protection order, but in any case no later than 24 hours after such service; and on demand made, at any time, by any con- stable,— (ii) surrender to a constable— (iii) any weapon in the respondent’s possession or under the respondent’s control, whether or not any such weapon is lawfully in the respondent’s possession or under the respondent’s control; and any firearms licence held by the respondent.
(iv) Subject to section 22, on the making of a protection order,— where the protection order is a temporary order, any (a) firearms licence held by the respondent is deemed to be suspended: (b) where the protection order is a final order, any firearms licence held by the respondent is deemed to be revoked.
The respondent does not fail to comply with the standard con- dition contained in subsection (1) merely by having in his or her possession, or having under his or her control, any weapon or any firearms licence, where,— (a) in the case of a weapon, the weapon was in his or her possession, or under his or her control, immediately be- fore the making of the protection order; and in the case of a weapon or a firearms licence, the weapon or licence is in his or her possession, or under his or her control, during the period necessary to comply with the terms of that standard condition that relate to the surrender of the weapon or licence.
(b) 29 Part 2 s 22 Domestic Violence Act 1995 Reprinted as at 16 November 2011 (4) (5) Subject to section 22, where, pursuant to that section, a pro- tection order is varied so as to include the standard condition relating to weapons,— (a) the reference in subsection (1)(c)(i) to service of a copy of the protection order is to be read as a reference to service of a copy of the order by which the standard condition is so included: the references in subsections (2) and (3)(a) to the mak- ing of a protection order are to be read as references to the making of the order by which the standard condition is so included,— (b) and the provisions of this Act apply accordingly with all ne- cessary modifications.
Subject to section 22, where, pursuant to a direction made under section 17, a protection order applies against an asso- ciated respondent, the provisions of this section apply, with all necessary modifications, in respect of the associated respond- ent.

Section 21(1)(c): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 21(1)(c)(ii): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
22 Court may dispense with, modify, discharge, or re-impose standard condition relating to weapons (1) Where,— (a) (b) the court makes a final protection order on an applica- tion on notice; or pursuant to section 80(1), the court— (i) discharges a temporary protection order and makes a final protection order in its place; or confirms a temporary protection order to the ex- tent that it has not already become final,— (ii) the court may, subject to section 23,— (c) direct that the standard condition relating to weapons is not to be a condition of the protection order; or (d) modify the terms of that standard condition.
30 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 2 s 22 (2) (3) (4) Subject to section 23, the court may, if it thinks fit, on the ap- plication of the applicant or the respondent, vary a protection order,— (a) where the standard condition relating to weapons is not a condition of the protection order, by directing that the standard condition relating to weapons (whether with or without modification) is to be a condition of the protec- tion order: (b) where the standard condition relating to weapons is a condition of the protection order (whether with or with- out modification), by— (i) discharging the standard condition relating to weapons: (ii) modifying the terms of that standard condition.
Subject to section 23, where a protection order applies against an associated respondent, the court may, on the application of the applicant or the associated respondent, vary the protection order, in so far as it relates to the associated respondent,— (a) where the standard condition relating to weapons is not a condition of the protection order, by directing that the standard condition relating to weapons (whether with or without modification) is to be a condition of the protec- tion order: (b) where the standard condition relating to weapons is a condition of the protection order (whether with or with- out modification), by— (i) discharging the standard condition relating to weapons: (ii) modifying the terms of that standard condition.
For the avoidance of doubt (but without limiting subsec- tion (3)), it is hereby declared that a court may— (a) direct that the standard condition relating to weapons— is not to be a condition of a protection order, in so (i) far as the protection order relates to the respond- ent; but is to be a condition of a protection order (whether with or without modification), in so far as the pro- tection order relates to the associated respondent: (ii) 31 Part 2 s 23 Domestic Violence Act 1995 Reprinted as at 16 November 2011 (b) discharge the standard condition relating to weapons in so far as the condition relates to the respondent, but not in so far as the condition relates to the associated respondent.
(5) Where an application is made under subsection (2) or subsec- tion (3) in respect of a temporary protection order, the Regis- trar must assign a hearing date, which must be— (a) (b) as soon as practicable; and unless there are special circumstances, in no case later than 42 days after the application is made.
(6) Sections 9, 11, and 12, so far as applicable and with the neces- sary modifications, apply in relation to— (a) any application under this section, on behalf of a pro- tected person, for— (i) a direction that the standard condition relating to weapons be a condition of a protection order; or the modification or discharge of the standard con- dition relating to weapons; and (ii) (b) the defending, on behalf of a protected person, of any such application made by the respondent or the associ- ated respondent— as they apply in relation to the making of an application for a protection order.
23 Further provisions relating to powers conferred by section 22 (a) (1) A court must not exercise the power conferred by section 22— to direct that the standard condition relating to weapons is not to be a condition of a protection order; or to discharge the standard condition relating to weapons— (b) unless the court is satisfied that the standard condition relating to weapons is not necessary for the protection of the persons for whose benefit the protection order applies from further do- mestic violence.
Subject to subsection (3), a court may only exercise the power conferred by section 22 to modify the terms of the standard condition relating to weapons in the following ways: (2) 32 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 2 s 23 (a) to permit a person to whom the standard condition ap- plies to have in his or her possession, or have under his or her control, a specified weapon, or weapons of a specified class, either unconditionally or subject to such conditions as the court thinks fit: (b) where necessary, to permit such a person to hold a (c) firearms licence: in any case where the terms of the standard condition have already been modified so as to make them less onerous than the terms set out in section 21, by rein- stating (whether in whole or in part) those terms as so set out.
(3) A court may exercise the power conferred by section 22 to modify the terms of the standard condition relating to weapons in any of the ways set out in paragraph (a) or paragraph (b) of subsection (2) of this section only if the court is satisfied— (a) that the standard condition relating to weapons, in the terms set out in section 21, is not necessary for the pro- tection of the persons for whose benefit the protection order applies from further domestic violence; and that the standard condition relating to weapons, in the terms proposed, will sufficiently protect those persons from further domestic violence.
(b) (4) In determining whether or not to exercise any of the powers conferred by section 22,— (a) the need to protect those persons for whose benefit the protection order applies from further domestic violence is the paramount consideration; and (b) without limiting paragraph (a), the court must, so far as is practicable, have regard to the following matters: (i) whether the persons for whose benefit the protec- tion order applies consent to the exercise of the power in the manner proposed: (ii) with respect to any domestic violence that is relevant in relation to the exercise of the power, the nature and seriousness of that domestic vio- lence, and how recently that domestic violence occurred: 33 Part 2 s 24 Domestic Violence Act 1995 Reprinted as at 16 November 2011 (iv) (iii) the effect that the terms of the standard condition relating to weapons is having, or will have, on the persons to whom the condition applies, or will apply, if the powers are not exercised in the manner proposed: such other matters as the court considers relevant.
(5) Where the terms of the standard condition relating to weapons are modified pursuant to section 22, the terms of that standard condition (as set out in section 21) apply subject to the terms of that modification, and the provisions of this Act apply ac- cordingly.
The fact that— (a) (6) (b) the standard condition relating to weapons has been dis- charged pursuant to section 22; or the terms of the standard condition relating to weapons have been modified pursuant to that section— does not oblige any Police employee to issue a firearms licence to any person to whom that standard condition applied or, as the case requires, applies.

Section 23(6): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).
24 Further provisions relating to effect of standard condition relating to weapons (1) Where— (a) (b) a temporary protection order becomes a final order in accordance with section 77(1); and at the time the order becomes final, any firearms licence held by the respondent or an associated respondent is suspended pursuant to section 21(2),— that firearms licence is deemed to be revoked.
(2) Where a person’s firearms licence is suspended pursuant to section 21(2),— (a) that person is deemed, for all purposes, not to be the holder of a firearms licence during the period of the suspension; but immediately on that suspension ceasing to be in force, then, except where the firearms licence is revoked (b) 34 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 2 s 25 (whether pursuant to subsection (1) or otherwise) or ceases to be in force, that firearms licence revives.
(3) Where, pursuant to subsection (1) or section 21 of this Act, a firearms licence is revoked or deemed to be revoked, that revo- cation has effect as if the firearms licence had been revoked pursuant to section 27 of the Arms Act 1983, except that noth- ing in this subsection— (a) limits the terms of the standard condition relating to weapons; or confers on any person any right to appeal to any court, other than under section 91, against the revocation of that firearms licence.
(b) 25 Retention, return, and disposal of surrendered weapons and licences (1) Where a person to whom the standard condition relating to weapons applies surrenders any weapon to a constable pur- suant to section 21, the following provisions apply: (a) in any case where the person’s firearms licence is sus- pended by virtue of section 21(2),— (i) (ii) subject to subparagraph (ii), to paragraphs (b) and (c), and to section 22, the Police must de- tain the weapon for the period of the suspension, and, except where the weapon may lawfully be retained pursuant to any other enactment, must return the weapon to the person as soon as prac- ticable after that suspension ceases to be in force: subject the person whose firearms licence is suspended may, at any time if the during the period of the suspension, weapon is owned by him or her, sell or otherwise dispose of the weapon to a person approved for the purpose by a constable, and in any such case the weapon must be delivered to that other person: to paragraph (c), (b) in any case where the person’s firearms licence is re- voked by virtue of section 21(2) or section 24(1) of this Act, then, subject to paragraph (c) of this subsection, subsections (2) to (4) of section 28 of the Arms Act 35 Part 2 s 25 Domestic Violence Act 1995 Reprinted as at 16 November 2011 1983 apply, with all necessary modifications, as if the weapon were a firearm that had been delivered to a con- stable pursuant to section 28 of the Arms Act 1983: if, at the time of the surrender of the weapon, the person was not lawfully entitled to possess the weapon (dis- regarding, for that purpose, the effect of the standard condition relating to weapons), the weapon is deemed to have been seized and detained pursuant to the Arms Act 1983, and the provisions of sections 65 and 70 of that Act apply accordingly: in any other case,— (i) (c) (d) subject to subparagraph (ii), to paragraph (c), and to section 22, the Police must detain the weapon for the period during which the standard condi- tion relating to
 weapons remains in force, and, except where the weapon may lawfully be re- tained pursuant to any other enactment, must re- turn the weapon to the person as soon as prac- ticable after the standard condition relating to weapons ceases to be in force: subject to paragraph (c), the person may, at any time during the period during which the standard condition relating to weapons remains in force, if the weapon is owned by him or her, sell or other- wise dispose of the weapon to a person approved for the purpose by a constable, and in any such case the weapon must be delivered to that other person.
(ii) (2) Where a person’s firearms licence is suspended pursuant to subsection (2) of section 21, and that person surrenders that licence to a constable pursuant to that section, the Police must detain that licence for the period of the suspension, and, except where the licence is revoked or ceases to be in force, or may lawfully be retained pursuant to any other enactment, must return the licence to the person as soon as practicable after that suspension ceases to be in force.
Section 25(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 25(1)(a)(ii): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

36 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 2 s 27 Section 25(1)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Section 25(1)(d)(ii): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 25(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Arms Act 1983 not affected 26 (1) Nothing in any of sections 21 to 25 of this Act limits or af- fects any provision of the Arms Act 1983 that authorises or permits— (a) (b) (2) Where— (a) the revocation of any firearms licence; or the seizure of any weapon.
a person’s firearms licence is suspended pursuant to sec- tion 21(2); and during the period of that suspension, that firearms li- cence is revoked pursuant to the Arms Act 1983,— (b) that suspension ceases to be in force.
Special conditions of protection orders Court may impose special conditions 27 (1) Where the court makes a protection order, it may impose any conditions that are reasonably necessary, in the opinion of the court, to protect the protected person from further domestic violence by the respondent, or the associated respondent, or both.
(2) Without limiting subsection (1), a condition imposed under subsection (1) may relate to— (a) (b) the manner in which arrangements for access to a child are to be implemented: the manner and circumstances in which the respondent or the associated respondent, or both, may make contact with the protected person.
(3) Without limiting subsection (1), the court may impose, as a condition of a protection order, a condition specifying a per- son who, for the purposes of sections 19(2), 20, and 28, is entitled— (a) to consent on behalf of the protected person; and 37 Part 2 s 28 Domestic Violence Act 1995 Reprinted as at 16 November 2011 (b) to withdraw such consent.

(4) Where the court imposes a condition under this section, it may specify the period during which the condition is to have effect.
In the absence of a direction under subsection (4), and subject to section 28, a special condition has effect for the duration of the protection order, unless sooner varied or discharged.

(5) 28 (1) (2) Further provisions relating to certain special conditions This section applies to any special condition of a protection order, where the special condition is inconsistent with the pro- tected person and the respondent living in the same dwelling- house.
Subject to sections 27(4) and 46, a special condition to which this section applies has effect except while the protected per- son and the respondent are, with the express consent of the protected person, living in the same dwellinghouse.

(3) A special condition to which this section applies is automatic- ally suspended for any period during which the protected per- son and the respondent, with the express consent of the pro- tected person, live in the same dwellinghouse.
(4) Where a special condition to which this section applies is sus- pended in accordance with subsection (3), and the protected person subsequently withdraws his or her consent to the re- spondent living in the same dwellinghouse, then (unless the protection order has been sooner discharged, and subject to sections 27(4) and 46) the special condition automatically re- vives.
(5) A special condition to which this section applies— (a) may become suspended in accordance with subsec- tion (3) on 1 or more occasions: (b) may revive in accordance with subsection (4) on 1 or more occasions.

(6) Where, pursuant to a direction made under section 17, a pro- tection order applies against an associated respondent, the pro- visions of this section apply, with all necessary modifications, in respect of the associated respondent.
38 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 2 s 28C (7) References in this section to the consent of a protected person, or to the withdrawal of a protected person’s consent, include, as the case requires,— (a) the consent of a person (other than the respondent or, as the case may be, the associated respondent) who is specified, in a special condition of the protection order imposed pursuant to section 27(3), as a person who is entitled to consent, on the protected person’s behalf, in relation to the matter: the withdrawal of consent by such a person.
(b) Interim care and contact orders Heading: inserted, on 16 November 2011, by section 7 of the Domestic Vio- lence Amendment Act 2011 (2011 No 58).

(2) 28B Interim orders in respect of child of applicant’s family (1) This section applies when— (a) an application has been made to the Family Court for a protection order; and there is a child of the applicant’s family.
(b) The Family Court may make 1 or more of the following orders if it considers the order or orders are necessary to protect the welfare and best interests of the child concerned: (a) an interim order or orders about the role of providing day-to-day care for, or about contact with, a child of the applicant’s family: any interim order or orders varying any order of the kind referred to in paragraph (a).
(b) (3) An order must not be made under subsection (2) in respect of a child of the applicant’s family of or over the age of 16 years unless there are special circumstances.

Section 28B: inserted, on 16 November 2011, by section 7 of the Domestic Violence Amendment Act 2011 (2011 No 58).
28C Duration of interim order An interim order made under section 28B ceases to have effect (if it has not ceased to have effect sooner) on the earlier of— the date that is 1 year after the day on which the order (a) is made; or 39 Part 2 s 28D Domestic Violence Act 1995 Reprinted as at 16 November 2011 (b) the date that the child attains the age of 16 years, unless the Family Court in special circumstances orders other- wise on or after making the order.
Section 28C: inserted, on 16 November 2011, by section 7 of the Domestic Violence Amendment Act 2011 (2011 No 58).

28D Application for parenting order under Care of Children Act 2004 must be made (2) (1) Where 1 or more interim orders have been made under section 28B, a party in whose favour an order has been made must as soon as possible (if that party has not already done so) make an application under the Care of Children Act 2004 for a par- enting order.
For the purposes of section 16(1) of the Legal Services Act 2000, proceedings that relate to, or arise out of, an application for a protection order under Part 2 of the Domestic Violence Act 1995 include proceedings commenced pursuant to an ap- plication referred to in subsection (1).

Section 28D: inserted, on 16 November 2011, by section 7 of the Domestic Violence Amendment Act 2011 (2011 No 58).

Programmes the applicant: a child of the applicant’s family: a specified person.
Programmes for protected persons Subject to subsection (4), where the court makes a protection order, the applicant may request a Registrar to authorise the provision of a programme to all or any of the following per- sons: (a) (b) (c) Subject to subsection (4), where the court makes a protection order, a specified person (other than a child) may request a Registrar to authorise the provision of a programme to that specified person.
Subject to subsection (4), where a request is made to a Regis- trar under subsection (1) or subsection (2), the Registrar must arrange for the matter to be referred to a programme provider without delay.
29 (1) (2) (3) 40 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 2 s 29 (4) The following provisions apply with respect to the making of a request pursuant to this section, and with respect to the au- thorising of the provision of a programme in response to such a request: (a) where, at the time the protection order is made, the ap- plicant has not made a request pursuant to this section, and the applicant is not legally represented, the Judge or Registrar must cause the applicant to be informed of the applicant’s right to make such a request: a request may be made under this section, on behalf of an applicant, by a representative: subject to paragraphs (d) and (g), a request may be made under this section at any time while the protection order remains in force: a Registrar may not act on any request made after the protection order has been in force for 3 years or more, unless the Registrar is satisfied that there are special circumstances justifying the Registrar so acting: subject to paragraphs (d) and (g), 1 or more requests may be made under this section, by the applicant, in relation to the same protection order: a specified person may not make a request if the appli- cant has already made a request for a programme to be provided to the specified person: no person is entitled to the provision of more than 1 pro- gramme in relation to the same protection order.
(b) (c) (d) (e) (f) (g) (5) Where, pursuant to this section, a Registrar authorises the pro- vision of a programme to a protected person, the number of programme sessions to be provided are to be determined in ac- cordance with regulations made under this Act, or if no such regulations apply, by the Registrar.
Every lawyer acting for an applicant for a protection order must,— (a) ensure that the applicant is aware of the applicant’s right to make a request under this section; and (6) (b) where the applicant wishes to exercise that right, take such further steps as the lawyer considers necessary to enable the applicant to do so.
Compare: 1982 No 120 ss 37, 37C; 1994 No 30 s 2 41 Part 2 s 30 Domestic Violence Act 1995 Reprinted as at 16 November 2011 30 (1) (2) Commencement of section 29 Section 29, in so far as that section provides for Registrars to authorise the provision of programmes to persons who are not children, shall come into force on the date appointed pursuant to section 1(2) as the date on which this Act shall come into force.
Subject to subsection (4), section 29, in so far as that sec- tion provides for Registrars to authorise the provision of pro- grammes to children, shall come into force on a date to be ap- pointed by the Governor-General by Order in Council; and 1 or more Orders in Council may be made appointing different dates for different purposes.
(4) (3) Without limiting the generality of subsection (2), 1 or more Orders in Council may be made under that subsection appoint- ing different dates in respect of different areas of New Zealand, or in respect of different courts.
Except where section 29 comes into force, for all purposes, at an earlier date, that section shall, notwithstanding subsection (2) of this section, come into force for all purposes on the ex- piry of the period of 2 years after the date appointed pursuant to section 1(2) as the date on which this Act shall come into force.
31 Joint programme sessions A protected person and a respondent, or, as the case may be, a protected person and an associated respondent, cannot be re- quired to attend programme sessions at which the other person is also present.

32 Power to direct respondent or associated respondent to attend programme (1) On making a protection order, the court must direct the re- spondent to attend a specified programme, unless the court considers that there is good reason for not making such a di- rection.
(2) Where the court makes a direction pursuant to section 17 that a protection order apply against an associated respondent, the court may, if it considers it appropriate in all the circumstances 42 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 2 s 33 to do so, direct the associated respondent to attend a specified programme.
[Repealed] (3) (4) Without limiting subsection (1), there is good reason not to make a direction under that subsection if there is no programme available that is appropriate for the respondent, having regard to his or her character and personal history and to any other relevant circumstances.

Compare: 1982 No 120 s 37A(1); 1986 No 85 s 3 Section 32(3): repealed, on 28 October 2009, by section 5 of the Domestic Violence Amendment Act 2009 (2009 No 43).
33 Terms of direction that respondent or associated respondent attend programme (1) When the court makes a direction under section 32, it must state in the direction that the respondent or associated respond- ent, as the case requires,— (a) attend the programme— (i) (ii) (iii) for a specified number of sessions in each month; or for 1 session in each month and for such other session or sessions in each month as the pro- gramme provider may from time to time specify; or for such number of sessions in each month as the programme provider may from time to time spe- cify in accordance with regulations made under this Act, or if no such regulations apply, as deter- mined by the Registrar; and attend the programme for the first time— (i) on the date and at the time and place specified in the direction; or on a date and at a time and place to be advised by the programme provider as soon as practicable after the direction is made.
(ii) (b) (1A) Subsection (1B) applies if— (a) (b) the court makes a direction under section 32; and the respondent or associated respondent, as the case re- quires, has not been served with a copy of the protection 43 Part 2 s 34 Domestic Violence Act 1995 Reprinted as at 16 November 2011 order at least 10 working days prior to the date specified in the direction for his or her first attendance at the pro- gramme.
(1B) The Registrar may amend the direction made under section 32 to specify that the respondent or associated respondent, as the case requires, attend the programme for the first time on a later date and, if necessary, at a different— (a) (b) The number of programme sessions that are or may be spe- cified under subsection (1) must be determined in accordance with regulations made under this Act (if any).

Compare: 1982 No 120 s 37C; 1994 No 30 s 3 time: place.
(2) Section 33(1A): inserted, on 16 November 2011, by section 8 of the Domestic Violence Amendment Act 2011 (2011 No 58).

Section 33(1B): inserted, on 16 November 2011, by section 8 of the Domestic Violence Amendment Act 2011 (2011 No 58).
Registrar to notify programme provider to whom respondent or associated respondent is referred Where the court makes a direction under section 32, the Regis- trar must ensure that the programme provider to whom the re- spondent or, as the case requires, the associated respondent is referred is notified, without delay,— (a) that the direction has been made and of the terms of the direction; and of such other information (if any) as is prescribed for the purposes of this paragraph by regulations made under this Act.
(b) Programme provider to arrange meeting with respondent or associated respondent Where, in any direction made under section 32, the court states, pursuant to section 33(1)(b)(ii), that the programme provider is to arrange the date on which, and the time and place at which, the respondent or associated respondent is to attend the programme for the first time, then after being notified pursuant to section 34, the programme provider must, without delay,— 34 35 44 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 2 s 36 (a) (b) arrange to meet the respondent or associated respond- ent, as the case may be, at such time and place as the programme provider thinks fit; or by notice given in such manner as is prescribed by regu- lations made under this Act, request the respondent or associated respondent, as the case may be, to attend be- fore the programme provider at a specified time and place.
Compare: 1982 No 120 s 37A; 1986 No 85 s 3 36 (1) Direction to attend programme made on application without notice This section applies where the court makes a direction under section 32 on an application without notice.

(2) Where this section applies,— (a) (b) the direction does not take effect until 10 working days after a copy of the direction is served on the person to whom it relates; and that person may, within those 10 days, notify the court that he or she objects to the direction.
(3) Where the respondent or associated respondent notifies the court, in accordance with subsection (2)(b), that he or she ob- jects to the direction,— (a) the Registrar must, if the respondent or associated re- spondent wishes to be heard, assign a hearing date, which must be— (i) (ii) as soon as practicable; and unless there are special circumstances, in no case later than 42 days after receipt of the notice of objection; and (b) the direction is suspended from the date on which the court receives the notice of objection until the court, after considering the person’s objection, confirms the direction (whether with or without variation).
(4) Nothing in this section or section 37 gives the court power to review any order or decision other than the direction to which the notice relates, but nothing in this section limits section 76 or section 79.

45 Part 2 s 37 Domestic Violence Act 1995 Reprinted as at 16 November 2011 Section 36(2): substituted, on 16 November 2011, by section 9 of the Domestic Violence Amendment Act 2011 (2011 No 58).
Section 36(3): substituted, on 16 November 2011, by section 9 of the Domestic Violence Amendment Act 2011 (2011 No 58).

Court may confirm or discharge direction 37 (1) After considering an objection made, pursuant to section 36, to a direction, the court may— confirm the direction; or (a) confirm the direction but vary the terms of the direction; (b) or discharge the direction.
(c) (2) Where, pursuant to subsection (1), the court confirms or varies a direction, then, if the person to whom the direction relates is before the court, the Judge must warn that person that non- compliance with the direction is an offence punishable by im- prisonment.

Failure to give the warning required by subsection (2) does not affect the validity of the direction confirmed or varied.
(3) 38 Respondent or associated respondent excused from attending (1) Where, pursuant to a direction made under section 32, a re- spondent or an associated respondent is required to attend a programme, a programme provider may in special circum- stances, excuse the respondent or, as the case requires, the associated respondent from attendance at any session or ses- sions.
(2) Without limiting subsection (1), if a respondent or an asso- ciated respondent is unable to attend any session or sessions because of illness or injury, the programme provider, on being satisfied (whether before or after the failure to attend) with the circumstances of the case, may excuse the person from attend- ing that session or those sessions.
(3) Where, pursuant to this section, a person is excused from attendance at any session, that person must make up the missed session with an additional session, unless the pro- gramme provider considers that the person’s absence has not 46 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 2 s 41 39 (1) (2) 40 (1) (2) significantly affected the person’s ability to benefit fully from the programme.
Notice of absence from programme The programme provider to whom the respondent or associ- ated respondent is referred pursuant to a direction made under section 32 must, where the respondent or the associated re- spondent fails to attend any session (except where he or she has been excused from attendance pursuant to section 38), within 7 days of that failure, notify that fact, in writing, to the Regis- trar.
[Repealed] Section 39(2): repealed, on 18 May 2009, by section 7 of the Domestic Violence Amendment Act 2008 (2008 No 77).

Notice of conclusion of programme The programme provider to whom the respondent or associ- ated respondent is referred pursuant to a direction made under section 32 must, when the programme concludes, notify that fact, in writing and without delay, to the Registrar.
The notice given under subsection (1) to the Registrar must also state whether or not the respondent or the associated re- spondent, as the case requires,— (a) was excused from attending any session or sessions, and the reasons for that non-attendance: participated fully in the programme, in particular, by completing any tasks set as part of the programme.
(b) (3) On receiving notification, pursuant to subsection (1), that the programme has concluded, the Registrar must notify that fact, in writing and without delay, to the applicant for the protection order, or to the applicant’s lawyer.
Compare: 1982 No 120 s 37B; 1986 No 85 s 3 41 (1) Programme provider may request variation of direction The programme provider to whom the respondent or associ- ated respondent is referred pursuant to a direction made under section 32 may, at any time during the course of the pro- gramme, if the programme provider— 47 Part 2 s 41A Domestic Violence Act 1995 Reprinted as at 16 November 2011 (a) (b) believes, on reasonable grounds, that the programme is not appropriate for the respondent or, as the case re- quires, the associated respondent, having regard to his or her character and personal history and to any other relevant circumstances; or considers that the respondent or, as the case requires, the associated respondent is not participating fully in the programme, and that this is significantly affecting his or her ability to benefit fully from the programme,— by notice in writing to the Registrar, request that the direction be varied by substituting a different programme.
[Repealed] Section 41(2): repealed, on 18 May 2009, by section 8 of the Domestic Violence Amendment Act 2008 (2008 No 77).
(2) 41A Powers of Registrar on receipt of notice under section 39 or 41 (1) On receiving a notice under section 39 or 41, the Registrar must, without delay, either— (a) (b) exercise the powers under section 82, as if he or she were the court referred to in that section, to call the re- spondent or, as the case may be, the associated respond- ent before the court; or bring the matter to the attention of a Judge so that the Judge may consider whether to exercise the power con- ferred by section 42 in relation to the respondent or, as the case may be, the associated respondent.
(2) Where the Registrar exercises the powers under section 82 in the manner allowed by subsection (1)(a) then, subject to any regulations made under this Act, section 82 applies so far as applicable and with the necessary modifications as if the re- spondent or, as the case may be, the associated respondent, were a witness in the proceedings.

Section 41A: inserted, on 18 May 2009, by section 9 of the Domestic Violence Amendment Act 2008 (2008 No 77).
42 Judge may call respondent or associated respondent before court (1) Where,— 48 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 2 s 42A (a) (b) a respondent or an associated respondent fails to com- ply in 1 or more respects with a direction made under section 32(1) or section 32(2); or pursuant to section 41A(1)(b), a Registrar brings a mat- ter to the attention of a Judge,— a Judge may exercise the powers under section 82 to call the respondent or, as the case may be, the associated respondent before the court; and, subject to any regulations made under this Act, section 82 applies, so far as applicable and with the necessary modifications, as if the person were a witness in proceedings.
[Repealed] [Repealed] [Repealed] [Repealed] Compare: 1982 No 120 s 37A(5); 1986 No 85 s 3 Section 42(1)(b): amended, on 18 May 2009, by section 10(1) of the Domestic Violence Amendment Act 2008 (2008 No 77).

Section 42(2): repealed, on 18 May 2009, by section 10(2) of the Domestic Violence Amendment Act 2008 (2008 No 77).

Section 42(3): repealed, on 18 May 2009, by section 10(2) of the Domestic Violence Amendment Act 2008 (2008 No 77).
Section 42(4): repealed, on 18 May 2009, by section 10(2) of the Domestic Violence Amendment Act 2008 (2008 No 77).

Section 42(5): repealed, on 18 May 2009, by section 10(2) of the Domestic Violence Amendment Act 2008 (2008 No 77).
(2) (3) (4) (5) 42A Respondent or associated respondent called before court (1) Where a respondent or an associated respondent appears be- fore the court under section 41A(1)(a) or section 42, the court may, after hearing the respondent or the associated respond- ent, confirm, vary, or discharge the direction.

The court may not vary or discharge a direction confirmed or varied under section 37 unless a variation of that direction has been requested under section 41.
(2) (3) Where the court confirms or varies a direction under subsec- tion (1) and the respondent or, as the case may be, the associ- ated respondent is before the court, the Judge must warn him or 49 Part 2 s 43 Domestic Violence Act 1995 Reprinted as at 16 November 2011 (4) 43 (1) (2) (3) her that non-compliance with the direction is an offence pun- ishable by imprisonment.

Failure to give the warning required by subsection (3) does not affect the validity of the direction confirmed or varied.
Section 42A: inserted, on 18 May 2009, by section 11 of the Domestic Violence Amendment Act 2008 (2008 No 77).

Confidentiality of information disclosed to programme provider In this section, unless the context otherwise requires,— authority means an authority given pursuant to section 29 direction means a direction made under section 32 information includes any statement or admission.
Subject to subsection (4), a programme provider must not dis- close to any other person any information received by the pro- gramme provider in the course of carrying out that person’s functions pursuant to any authority or direction.

Subject to subsection (4), no evidence is admissible in any court, or before any person acting judicially, of any informa- tion received by a programme provider in the course of carry- ing out that person’s functions pursuant to any authority or di- rection.
(4) Where any information is received by a programme provider (in this subsection referred to as the principal programme provider) in the course of carrying out that person’s functions pursuant to any authority given, or direction made, in relation to a protection order, nothing in subsection (2) or subsec- tion (3) prohibits the disclosure of that information, where that disclosure is made— (a) for the purposes of giving a notification pursuant to sec- tion 39 or section 40 or section 41; or for the purposes of any proceedings under section 42; or for the purposes of the investigation or prosecution of— (i) (ii) an offence against section 49A; or an offence committed or alleged to have been committed in the course of a programme pro- vided by the principal programme provider; or (b) (c) 50 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 2 s 44 (d) (e) (f) in circumstances in which the principal programme provider believes, on reasonable grounds, that the dis- closure is necessary to prevent or lessen a serious and imminent threat to public safety or the safety of any person; or with the authority of the person who disclosed the in- formation to the principal programme provider; or to another programme provider— (i) who is providing, or is to provide, a programme, pursuant to any authority or direction, to the per- son who disclosed the information; or (ii) who is providing, or is to provide, a programme, pursuant to an authority, to a person who is a protected person under the protection order; or (iii) who is providing, or is to provide, a programme, pursuant to a direction, to a person who is a re- spondent or an associated respondent under the protection order,— in each case where the principal programme provider reasonably considers that the disclosure of the informa- tion is necessary for the purpose of furthering the pri- mary objective of the programme in relation to which the information is disclosed.
(5) Where any information is disclosed, pursuant to subsec- tion (4)(f), to a programme provider, subsections (2) to (4), so far as applicable and with the necessary modifications, apply as if that information had been received by that programme provider in the course of carrying out that person’s functions pursuant to an authority or a direction.
Compare: 1982 No 120 s 37A(6)–(7); 1986 No 85 s 3 Section 43(4)(c)(i): amended, on 28 October 2009, by section 6 of the Domestic Violence Amendment Act 2009 (2009 No 43).
44 Programme providers’ fees and expenses Fees for programmes provided pursuant to section 29 or sec- tion 32, and reasonable expenses incurred,— (a) may be determined in accordance with regulations made under this Act; and 51 Part 2 s 45 Domestic Violence Act 1995 Reprinted as at 16 November 2011 (b) are payable out of public money appropriated by Parlia- ment for the purpose.
Compare: 1982 No 120 s 37D; 1994 No 30 s 2 Section 44(b): substituted, on 3 June 1998, by section 2 of the Domestic Vio- lence Amendment Act 1998 (1998 No 41).

Duration, variation, and discharge of protection orders Duration of protection order 45 (1) A temporary protection order continues in force until— (a) (b) (c) the order becomes a final order in accordance with sec- tion 77(1); or the order lapses pursuant to section 77(4); or the order is discharged pursuant to section 80.
(2) A final protection order continues in force until it is discharged pursuant to section 47.

46 (1) Power to vary protection order The court may, if it thinks fit, on the application of the appli- cant or the respondent, vary a protection order— (a) by varying or discharging any special condition of the protection order: by imposing any special condition: by varying or discharging a direction made pursuant to section 32: by making a direction pursuant to section 32.
(b) (c) (d) (2) Where a protection order applies against an associated re- spondent, the court may, if it thinks fit, on the application of the applicant or the associated respondent, vary the protection order, in so far as it relates to the associated respondent,— (a) by varying or discharging any special condition of the protection order: by imposing any special condition: by varying or discharging a direction made pursuant to section 32: by making a direction pursuant to section 32.
(d) The court may, if it thinks fit, on the application of the appli- cant, vary a protection order— (b) (c) (3) 52 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 2 s 47 (a) (b) by directing, pursuant to section 16(2), that the protec- tion order also apply for the benefit of a particular per- son: by directing, pursuant to section 17, that the protection order apply against a particular person.
(4) The court may, if it thinks fit, on the application of a specified person (other than a child), vary a protection order— (a) by varying or discharging any special condition of the protection order, in so far as the special condition relates to the specified person: by imposing a special condition that relates to that spe- cified person.
(b) (5) Where an application is made under this section in respect of a temporary protection order, the Registrar must assign a hear- ing date, which must be— (a) (b) as soon as practicable; and unless there are special circumstances, in no case later than 42 days after the application is made.

47 (1) Power to discharge protection order The court may, if it thinks fit, on the application of the appli- cant or the respondent, discharge a protection order.
(2) On an application under subsection (1), the court may dis- charge a protection order even though the order— (a) applies for the benefit of a specified person pursuant to a direction made under section 16(2); or applies against an associated respondent pursuant to a direction made under section 17.
(b) (3) Where a protection order to which subsection (2) relates is discharged, the order ceases to have effect for the benefit of the specified person or, as the case requires, against the associated respondent, as if that person had applied for and been granted a discharge of the order pursuant to subsection (4).
(4) Where a protection order— (a) (b) applies for the benefit of a specified person pursuant to a direction made under section 16(2); or applies against an associated respondent pursuant to a direction made under section 17,— 53 Part 2 s 48 Domestic Violence Act 1995 Reprinted as at 16 November 2011 the specified person or, as the case may be, the associated re- spondent may apply for the order to be discharged in so far as it relates to him or her.
(5) On an application under subsection (4), the court may, if it thinks fit, discharge a protection order in so far as it relates to that specified person or, as the case may be, that associated respondent.

(6) Where an application is made under this section in respect of a temporary protection order, the Registrar must assign a hear- ing date, which must be— (a) (b) as soon as practicable; and unless there are special circumstances, in no case later than 42 days after the application is made.
Compare: 1982 No 120 s 8 Variation or discharge on behalf of protected person Sections 9, 11, and 12, so far as applicable and with the neces- sary modifications, apply in relation to— (a) any application, on behalf of a protected person, for the variation or discharge of a protection order under this Act; and the defending, on behalf of a protected person, of any such application made by the respondent or the associ- ated respondent— (b) as they apply in relation to the making of an application for a protection order.
Enforcement of protection orders Offence to breach protection order Every person commits an offence who breaches a protection order by— (a) doing any act in contravention of the protection order; or failing to comply with any condition of the protection order.

(b) It is a defence in a prosecution for an offence under subsec- tion (1) if the defendant proves that he or she had a reasonable excuse for breaching the protection order.
48 49 (1) (2) 54 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 2 s 51 (3) (4) Every person who is convicted on indictment of an offence against this section is liable to imprisonment for a term not exceeding 2 years.

To avoid doubt, a failure to comply with a direction made under section 32(1) or (2) to attend a specified programme is not a breach of a protection order under subsection (1)(b).
Section 49: substituted, on 28 October 2009, by section 7(1) of the Domestic Violence Amendment Act 2009 (2009 No 43).

49A Offence to fail to comply with direction (1) Every person commits an offence who, without reasonable ex- cuse, fails on any occasion to comply with a direction made under section 32(1) or (2) to attend a specified programme.
Every person who commits an offence against this section is liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding $5,000.

Section 49A: inserted, on 28 October 2009, by section 7(1) of the Domestic Violence Amendment Act 2009 (2009 No 43).
(2) 50 Power to arrest for breach of protection order Where a protection order is in force, any constable may arrest, without warrant, any person who the constable has good cause to suspect has— (a) (b) contravened the protection order; or failed to comply with any condition of the protection order.

Section 50: substituted, on 28 October 2009, by section 8 of the Domestic Vio- lence Amendment Act 2009 (2009 No 43).
51 Release of person arrested [Repealed] Section 51: repealed, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).
55 Part 3 s 52 Domestic Violence Act 1995 Reprinted as at 16 November 2011 52 53 (1) (2) Part 3 Orders relating to property Occupation orders Application for occupation order Any person aged 16 years or over who is or has been in a domestic relationship with another person may apply for an order granting the applicant the right to live in a dwellinghouse which, at the time the order is made, either party to the pro- ceedings owns or in which either has a legal interest (includ- ing, but not limited to, a tenancy).
Compare: 1982 No 120 s 19 Section 52: amended, on 26 April 2005, by section 7 of the Relationships (Statu- tory References) Act 2005 (2005 No 3).

Power to make occupation order Subject to section 74 of this Act and to subsection (2), on hearing an application for an occupation order, the court may, notwithstanding anything in the Property (Relationships) Act 1976, make an order granting to the applicant the right to per- sonally occupy a specified dwellinghouse.
The court may make an order under subsection (1) only if it is satisfied that the order— (a) (b) is necessary for the protection of the applicant; or is in the best interests of a child of the applicant’s family.
(3) An order may be made under this section in respect of a dwellinghouse whether or not— (a) the parties have ever lived in the same dwellinghouse, whether in the dwellinghouse to which the order relates or any other dwellinghouse; or either party lives in the dwellinghouse at the time the order is made.

(b) (4) In determining whether to make an order under this section, the court must have regard to the reasonable accommodation needs of all persons who may be affected by the order.
(5) An order made under this section may be— (a) (b) for such period or periods; and on such terms and conditions relating to the occupation of the dwellinghouse to which the order relates,— 56 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 3 s 56 as the court thinks fit.

Compare: 1982 No 120 s 21 Section 53(1): amended, on 1 February 2002, by section 64(2) of the Property (Relationships) Amendment Act 2001 (2001 No 5).
54 (1) Effect of occupation order The person in whose favour an occupation order is made is en- titled, to the exclusion of the person against whom the order is made, to personally occupy the dwellinghouse to which the order relates, together with any land, buildings, or improve- ments appurtenant to that dwellinghouse which are used, or ordinarily would be used, for the purposes of a household.
(2) An occupation order is enforceable as if it were an order for the recovery of land made pursuant to section 31(1)(d) of the District Courts Act 1947.
Compare: 1982 No 120 s 22 Power to vary or discharge occupation order 55 (1) On the application of either party, or of the personal represen- tative of either party, the court may, if it thinks fit, make an order— (a) extending or reducing any period specified by the court pursuant to section 53(5); or varying or discharging any terms and conditions im- posed by the court pursuant to section 53(5); or discharging the occupation order.
(b) (c) (2) Where an application is made under this section in respect of a temporary occupation order, the Registrar must assign a hear- ing date, which must be— (a) (b) as soon as practicable; and unless there are special circumstances, in no case later than 42 days after the application is made.
Compare: 1982 No 120 s 23 Tenancy orders Application for tenancy order 56 (1) Any person aged 16 years or over who is or has been in a domestic relationship with another person may apply to the 57 Part 3 s 57 Domestic Violence Act 1995 Reprinted as at 16 November 2011 court for an order vesting in the applicant the tenancy of any dwellinghouse of which, at the time the order is made, the other party to the proceedings is— (a) (b) the sole tenant; or a tenant holding jointly, or in common, with the appli- cant.
(2) 57 (1) (2) (3) In this section, dwellinghouse includes— (a) any furniture or other household effects let with the dwellinghouse; and any land, outbuildings, or parts of buildings included in the tenancy.

(b) Compare: 1982 No 120 s 24; 1987 No 136 s 2 Section 56(1): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
Power to make tenancy order Subject to section 74 of this Act and to subsection (2), on hear- ing an application for a tenancy order, the court may, notwith- standing anything in the Property (Relationships) Act 1976, make an order vesting in the applicant the tenancy of a speci- fied dwellinghouse.
The court may make an order under subsection (1) only if it is satisfied that the order— is necessary for the protection of the applicant; or (a) (b) is in the best interests of a child of the applicant’s family.

In determining whether to make an order under this section, the court must have regard to the reasonable accommodation needs of all persons who may be affected by the order.
Compare: 1982 No 120 s 26 Section 57(1): amended, on 1 February 2002, by section 64(2) of the Property (Relationships) Amendment Act 2001 (2001 No 5).

Effect of tenancy order 58 (1) Where a tenancy order takes effect, then, unless the tenancy is sooner lawfully determined,— (a) the applicant becomes the tenant of the dwellinghouse upon and subject to the terms and conditions of the ten- ancy in force at the time the order is made; and the other party ceases to be a tenant.
(b) 58 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 3 s 59 (2) Every tenancy order has effect and may be enforced as if it were an order of the court for possession of the land granted in favour of the applicant.
(3) Nothing in this Act or in any tenancy order— (a) (b) any tenancy to which section 56 applies; or the dwellinghouse held under the tenancy; or limits or affects the operation of any enactment or rule of law for the time being applicable to— (i) (ii) authorises the court to vary any express or implied term or condition of the tenancy except by— (i) (ii) vesting the tenancy pursuant to section 57; or revesting the tenancy pursuant to section 59.
Compare: 1982 No 120 s 27 Power to discharge tenancy order and revest tenancy 59 (1) On the application of a party against whom a tenancy order is made, or that party’s personal representative, the court may, if it thinks fit, make an order discharging the tenancy order and revesting the tenancy accordingly.
(2) Where an application is made under this section in respect of a temporary tenancy order, the Registrar must assign a hearing date, which must be— (a) (b) as soon as practicable; and unless there are special circumstances, in no case later than 42 days after the application is made.
(3) Where any revesting order made under subsection (1) takes effect, then, unless the tenancy is sooner lawfully determined, the person in whose favour it is made becomes the tenant of the dwellinghouse upon and subject to the terms and conditions of the tenancy in force at the time of the making of the revesting order.
Compare: 1982 No 120 s 28 59 Part 3 s 60 Domestic Violence Act 1995 Reprinted as at 16 November 2011 General provisions relating to occupation orders and tenancy orders 60 Application without notice for occupation order or tenancy order (1) An occupation order or a tenancy order may be made on an application without notice only if the court is satisfied that— the respondent has physically or sexually abused the (a) applicant or a child of the applicant’s family; and the delay that would be caused by proceeding on notice would or might expose the applicant or a child of the applicant’s family to physical or sexual abuse.
(b) (2) Any occupation order or tenancy order made on an application without notice is a temporary order that, subject to sections 76 to 80, and unless it is sooner discharged, becomes final by operation of law 3 months after the date on which it is made.

(2A) When a temporary order becomes a final order pursuant to subsection (2), the final order comes into effect immediately.
(3) An occupation order or a tenancy order may be made on an application without notice only where the court has made or, at the same time, makes a protection order, unless the court considers that there are special reasons for not making a pro- tection order.
(4) Where an occupation order or a tenancy order is made on an application without notice while the applicant and the respond- ent are living in the same dwellinghouse, that occupation order or tenancy order expires,— (a) (b) on its discharge by the court; or on the discharge of a temporary protection order made in conjunction with that occupation order or tenancy order; or if no such protection order has been made and the court has not sooner discharged the occupation order or ten- ancy order, at the close of the seventh day after the date of the making of the occupation order or tenancy order.
(5) Where an occupation order or a tenancy order is made on an (c) application without notice, the respondent may,— 60 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 3 s 61 (a) (b) notify the court, in accordance with section 76, that he or she wishes to be heard on whether a final order should be substituted for the temporary order: in the case of an occupation order, apply pursuant to section 55 for the order to be varied or discharged: in the case of a tenancy order, apply pursuant to sec- tion 59 for the order to be discharged and the tenancy revested.
Compare: 1982 No 120 s 20 (c) Section 60(2A): inserted, on 16 November 2011, by section 10 of the Domestic Violence Amendment Act 2011 (2011 No 58).
61 Procedure for occupation orders and tenancy orders (1) Where an application is made for an occupation order, the court may treat that application as an application for a tenancy order or an occupation order or both, and may, if it is satisfied that— (a) (b) (c) it has jurisdiction to make a tenancy order; and the making of a tenancy order is appropriate; and section 74 has been complied with in respect of the mak- ing of a tenancy order other than a temporary order,— make a tenancy order (whether or not it makes an occupation order).
(2) Where an application is made for a tenancy order, the court may treat that application as an application for an occupation order or a tenancy order or both, and may, if it is satisfied that— (a) (b) (c) it has jurisdiction to make an occupation order; and the making of an occupation order is appropriate; and section 74 has been complied with in respect of the making of an occupation order other than a temporary order,— make an occupation order (whether or not it makes a tenancy order).
Compare: 1982 No 120 s 29(3)–(4) 61 Part 3 s 62 Domestic Violence Act 1995 Reprinted as at 16 November 2011 Ancillary furniture orders Application for ancillary furniture order 62 (1) Where a person applies for an occupation order or a tenancy order in respect of any dwellinghouse, the person may,— (a) at the time of making that application, or at any time before that application is determined; or if the court makes an occupation order or a tenancy order on that application, at any time while that order remains in force,— (b) apply to the court for an order granting to the applicant the possession and use of all or any of the furniture, household appliances, and household effects in that dwellinghouse.
(2) Nothing in subsection (1) prevents a court that makes an occu- pation order or a tenancy order from making, of its own mo- tion, an ancillary furniture order in respect of all or any of the furniture, household appliances, and household effects in the dwellinghouse specified in the occupation order, or, as the case may be, the tenancy order.
Compare: 1982 No 120 s 30(1) Power to make ancillary furniture order Subject to section 74 and to subsections (2) and (6), on or after making an occupation order or a tenancy order, the court may make an order granting to the applicant the use of all or any of the furniture, household appliances, and household effects in the dwellinghouse specified in the occupation order, or as the case may be, the tenancy order.
The court may make an order under subsection (1) only if it is satisfied— (a) that, before the making of the order, the applicant and the other party to the proceedings have lived in the same dwellinghouse at the same time, and that the applicant is or will be living in the dwellinghouse specified in the occupation order or, as the case may be, the tenancy order; or that a child of the applicant’s family is or will be living in the dwellinghouse so specified.
(b) 63 (1) (2) 62 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 3 s 64 (3) An order made under subsection (1) may relate to furniture, household appliances, and household effects that were in the relevant dwellinghouse at the time the application for the order was made (or, in the case of an order made of the court’s own motion, at the time the application for the relevant occupation order or tenancy order was made), whether or not those items are still in the relevant dwellinghouse at the time the order under subsection (1) is made.
It is not necessary for the court to specify, in an order made under subsection (1), every item of furniture, or every house- hold appliance or household effect, to which the order relates, as long as the items to which the order relates are readily as- certainable from the terms of the order.
Subject to subsection (6), an order made under this section may be on such terms and conditions relating to the furni- ture, household appliances, and household effects to which the order relates as the court thinks fit.
(5) (4) (6) An order made under this section may be for such period as the court thinks fit, but— (a) unless the court otherwise directs, the order continues in force for 6 months from the date on which it is made; and in any event, irrespective of the terms of the order, the order expires if the occupation order or tenancy order to which the order relates expires or is discharged.
(b) Compare: 1982 No 120 s 30 64 (1) (2) Effect of ancillary furniture order The person in whose favour an ancillary furniture order is made is entitled, to the exclusion of the person against whom the order is made, to the possession of the furniture, household appliances, and household effects to which the order relates for so long as the order is in force.
Every ancillary furniture order has effect and may be enforced as if it were an order of the court for delivery of chattels granted in favour of the person for whose benefit the ancillary furniture order is made.
63 Part 3 s 65 Domestic Violence Act 1995 Reprinted as at 16 November 2011 65 (1) (2) (b) Power to vary or discharge ancillary furniture order Subject to subsection (2), on the application of either party, or of the personal representative of either party, the court may, if it thinks fit, make an order— (a) extending or reducing any period specified by the court pursuant to section 63(6); or varying the furniture, household appliances, and house- hold effects to which the order relates; or varying or discharging any terms and conditions im- posed by the court pursuant to section 63(5); or (d) discharging the ancillary furniture order.
The court must not vary an ancillary furniture order— (a) (c) (b) if the occupation order or tenancy order to which the ancillary furniture order relates is no longer in force; or in circumstances in which the court could not make an ancillary furniture order under section 63.
(3) Where an application is made under this section in respect of a temporary ancillary furniture order, the Registrar must assign a hearing date, which must be— as soon as practicable; and (a) unless there are special circumstances, in no case later (b) than 42 days after the application is made.
Furniture orders Application for furniture order Where a person aged 16 years or over— applies for a protection order; and (a) that person— (b) (i) and the person against whom the application is made live in the same dwellinghouse, or have lived in the same dwellinghouse at the same time, (regardless of which ground in section 4 is relied on as establishing, for the purposes of a protec- tion order, that the parties have or have had a do- mestic relationship); but does not apply for an occupation order or a ten- ancy order in respect of that dwellinghouse,— (ii) that person may— 66 64 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 3 s 67 (c) (d) at the time of making that application, or at any time before that application is determined; or if the court makes the protection order sought, at any time while that order remains in force,— apply to the court for an order for the possession and use of all or any of the furniture, household appliances, and household effects in that dwellinghouse.
Section 66(1): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
67 (1) (2) Power to make furniture order Subject to section 74 and to subsections (2) and (6), but notwithstanding anything in the Property (Relationships) Act 1976, on or after making a protection order, the court may also make an order granting to the applicant the possession and use of all or any of the furniture, household appliances, and household effects in the dwellinghouse in which the parties live or have lived.
The court may make an order under subsection (1) only if it is satisfied— (a) that the applicant, or a child of the applicant’s family, or both, are or were living in the dwellinghouse; and that the furniture, household appliances, and house- hold effects are reasonably required to equip another dwellinghouse in which the applicant, or a child of the applicant’s family, or both, are or will be living.
(b) (3) An order made under subsection (1) may relate to furniture, household appliances, and household effects that were in the relevant dwellinghouse at the time the application for the order was made, whether or not those items are still in the relevant dwellinghouse at the time the order is made.
It is not necessary for the court to specify, in an order made under subsection (1), every item of furniture, or every house- hold appliance or household effect, to which the order relates, as long as the items to which the order relates are readily as- certainable from the terms of the order.
(4) (5) An order made under this section may be on such terms and conditions relating to the furniture, household appliances, and 65 Part 3 s 68 Domestic Violence Act 1995 Reprinted as at 16 November 2011 household effects to which the order relates as the court thinks fit.
(6) An order made under this section may be for such period as the court thinks fit, but— (a) unless the court otherwise directs, the order continues in force for 6 months from the date on which it is made; and in any event, irrespective of its terms, the order expires if the protection order to which the order relates expires or is discharged.

(b) Section 67(1): amended, on 1 February 2002, by section 64(2) of the Property (Relationships) Amendment Act 2001 (2001 No 5).
68 (1) (2) Effect of furniture order The person in whose favour a furniture order is made is en- titled, to the exclusion of the person against whom the order is made, to the possession of the furniture, household appliances, and household effects to which the order relates for so long as it is in force.

Every furniture order has effect and may be enforced as if it were an order of the court for delivery of chattels granted in favour of the person for whose benefit the furniture order is made.
Power to vary or discharge furniture order 69 (1) On the application of either party, or of the personal represen- tative of either party, the court may, if it thinks fit, make an order— (a) extending or reducing any period specified by the court pursuant to section 67(6); or varying the furniture, household appliances, and house- hold effects to which the order relates; or varying or discharging any terms and conditions im- posed by the court pursuant to section 67(5); or discharging the furniture order.
(b) (c) (d) (2) Nothing in this section allows a court to vary a furniture order— (a) if the protection order to which the furniture order re- lates is no longer in force; or 66 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 3 s 70 (b) in circumstances in which the court could not make a furniture order under section 67.
(3) Where an application is made under this section in respect of a temporary furniture order, the Registrar must assign a hearing date, which must be— (a) (b) as soon as practicable; and unless there are special circumstances, in no case later than 42 days after the application is made.
Applications without notice for furniture orders 70 (1) Application without notice for ancillary furniture order or furniture order Subject to subsections (3) and (4), an order under section 63 or section 67 may be made on an application without notice if the court is satisfied— (a) that the respondent has physically or sexually abused the applicant or a child of the applicant’s family; and that the delay that would be caused by proceeding on notice would or might expose the applicant or a child of the applicant’s family to physical or sexual abuse.
(b) (2) Any ancillary furniture order or furniture order made on an application without notice is a temporary order that, subject to sections 76 to 80, and unless it is sooner discharged, becomes final by operation of law 3 months after the date on which it is made.

(2A) When a temporary order becomes a final order pursuant to subsection (2), the final order comes into effect immediately.
(3) No ancillary furniture order may be made on an application without notice unless the court has made or, at the same time, makes an occupation order or a tenancy order.

(4) No furniture order may be made on an application without notice unless the court has made or, at the same time, makes a protection order.
(5) Where an ancillary furniture order or a furniture order is made on an application without notice while the applicant and the respondent are living in the same dwellinghouse, the order ex- pires— (a) on its discharge by the court; or 67 Part 3 s 71 Domestic Violence Act 1995 Reprinted as at 16 November 2011 (b) (c) in the case of an ancillary furniture order, on the dis- charge of the occupation order or the tenancy order to which the ancillary furniture order relates; or in the case of a furniture order, on the discharge of the protection order to which the furniture order relates.
(6) Where an ancillary furniture order or a furniture order is made on an application without notice, the respondent may— (a) (b) notify the court, in accordance with section 76, that he or she wishes to be heard on whether a final order should be substituted for the temporary order: in the case of an ancillary furniture order, apply pur- suant to section 65 for the order to be varied or dis- charged: in the case of a furniture order, apply pursuant to sec- tion 69 for the order to be varied or discharged.
Section 70(2A): inserted, on 16 November 2011, by section 11 of the Domestic Violence Amendment Act 2011 (2011 No 58).
(c) General provisions relating to property orders who is aged 17 years or over; and Applications for property orders by minors Subject to sections 11 and 12 (as applied by section 73), a minor— (a) (b) who wishes to apply for an order under this Part— must make the application on his or her own behalf, without a next friend or guardian ad litem, and orders may be made on the application, and enforced, as if the minor were of full age.
Subject to sections 11 and 12, a minor aged 16 years may either make the application on his or her own behalf under subsec- tion (1), or may make it by a representative pursuant to rules of court; and in either case orders may be made on the appli- cation, and enforced, as if the minor were of full age.

Section 71 heading: amended, on 26 April 2005, by section 7 of the Relation- ships (Statutory References) Act 2005 (2005 No 3).
Section 71(1)(a): substituted, on 26 April 2005, by section 7 of the Relation- ships (Statutory References) Act 2005 (2005 No 3).

Section 71(2): added, on 26 April 2005, by section 7 of the Relationships (Statu- tory References) Act 2005 (2005 No 3).
71 (1) (2) 68 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 3 s 75 (2) Applications for property orders against minors 72 (1) No application for an order under this Part may be made against a minor under the age of 17 years, unless the minor is or has been married or in a civil union or de facto relationship.
For the avoidance of doubt, it is hereby declared that— (a) an application for an order under this Part may be made against a minor who is or has been married, or in a civil union or de facto relationship, or who has attained the age of 17 years; and orders may be made on the application, and enforced,— (b) as if the minor were of full age.

Section 72(1): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
Section 72(2)(a): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

73 74 (1) Applications for property orders on behalf of persons other than children Sections 11 and 12, so far as applicable and with the necessary modifications, apply in relation to an application under this Part as if it were an application under Part 2 for a protection order.
Notice to persons with interest in property affected Before any order (other than a temporary order) is made under this Part, such notice as the court directs must be given to any person having an interest in the property that would be affected by the order.

(2) Any person to whom notice is given pursuant to subsection (1) is entitled to appear and to be heard in the matter as a party to the application.
Compare: 1982 No 120 s 29(1), (2) 75 (1) Protection of mortgagees, etc Subject to subsection (2), the rights conferred on any person in respect of any property by any order made under this Act are subject to the rights of any person entitled to the benefit of any mortgage, security, charge, or encumbrance affecting that property if— 69 Part 4 s 76 Domestic Violence Act 1995 Reprinted as at 16 November 2011 (a) (b) the mortgage, security, charge, or encumbrance was registered before the order was made; or the rights of the person entitled to that benefit arise under an instrument (including, but not limited to, a hire purchase agreement) executed before the date of the making of the order.
(2) Notwithstanding anything in any enactment or in any instru- ment, no money payable under any such mortgage, security, charge, or encumbrance may be called up, or becomes due, by reason only of the making of an order under this Act.
Compare: 1982 No 120 s 40 Part 4 Procedure Temporary orders (2) Respondent to notify intention to appear 76 (1) Where the court makes a temporary order under this Act, the respondent is entitled to notify the court that he or she wishes to be heard on whether a final order should be substituted for the temporary order.
The temporary order must contain a notice to the respondent that clearly states— (a) (b) the respondent’s right under subsection (1); and that, subject to sections 36, 78, and 79, if the respondent does not take any steps in the proceedings, the tempor- ary order becomes final in accordance with section 77 by operation of law 3 months after the date on which it is made.
(3) Where the respondent notifies the court, in accordance with subsection (1), that he or she wishes to be heard, the Registrar must assign a hearing date, which must be— (a) (b) as soon as practicable; and unless there are special circumstances, in no case later than 42 days after the receipt of the respondent’s notice.
Procedure where respondent does not require hearing Subject to sections 36, 78, and 79 and to subsections (2) and (3), unless the respondent notifies the court in accordance with 77 (1) 70 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 4 s 78 section 76(1) that he or she wishes to be heard, or the order is sooner discharged, a temporary order becomes final by oper- ation of law 3 months after the date on which it is made.
(1A) When a temporary order becomes a final order pursuant to subsection (1), the final order comes into effect immediately.

(2) No temporary order becomes final pursuant to subsection (1) unless— (a) (b) the respondent has been served with a copy of the order not less than 10 clear days before the 3 month period specified in subsection (1) elapses; and the respondent has not notified the court, before that period elapses, that he or she wishes to be heard.
(3) Where, pursuant to subsection (2)(a), a temporary order does not become final, the court may from time to time extend the period within which the temporary order can be served.

No such extensions may extend that period by more than 3 months in total, and the temporary order continues in force until the expiry of any such extensions.
(4) Where the period for service is extended pursuant to subsec- tion (3), and, at the expiry of the period or periods, the tem- porary order has not been served, the order lapses.

Section 77(1A): inserted, on 16 November 2011, by section 12 of the Domestic Violence Amendment Act 2011 (2011 No 58).
Court may require hearing before order becomes final 78 (1) Where, on or after making a temporary order, the court consid- ers that there is good reason why the order should not become final in accordance with section 77 without a hearing at which the applicant or the respondent, or both, are present or repre- sented, the court, of its own motion, may direct that there be a hearing.
(2) A direction made under subsection (1) may— (a) (b) relate to the whole, or to specified parts, of the order made or sought; and be made even though the respondent does not wish to be heard.

(3) Where the direction under subsection (1) relates to specified parts of the order made or sought, the remaining parts of the order may become final in accordance with section 77.
71 Part 4 s 79 Domestic Violence Act 1995 Reprinted as at 16 November 2011 (4) Where, pursuant to subsection (1), the court directs that there be a hearing, the Registrar must assign a hearing date, which must be as soon as practicable.

(5) Without limiting section 82, where the court makes a direction under subsection (1), it may issue a summons, in accordance with section 82(4), requiring the respondent to attend the court at a place and time specified in the summons.
79 (1) Application of sections 76 to 78 to other affected persons The provisions of sections 76, 77, and 78, so far as applicable and with the necessary modifications, apply to an associated respondent as if the person were the respondent.
(2) Where, pursuant to section 76, the associated respondent no- tifies the court that he or she wishes to be heard, but the re- spondent does not do so, the temporary order becomes final in accordance with section 77(1) in so far as it relates to the respondent, even though a hearing is required on whether the order is to become final in respect of the associated respond- ent.
(3) No occupation order, tenancy order, ancillary furniture order, or furniture order that is a temporary order becomes final un- less the court is satisfied that— (a) notice has been given pursuant to section 74 to any per- son having an interest in the property affected by the order; and the person so notified takes no steps in the proceedings.
(b) 79A Review of contact arrangements (1) When making a temporary protection order, the Family Court may direct the Registrar to convene a review before a Family Court Judge of the arrangements for contact between the re- spondent and a child of the applicant’s family.

(2) On receiving a direction under subsection (1), the Registrar appoint a time and place for the holding of the review; and inform the applicant and respondent of the date, time, and place of the review, and invite them to attend.
must— (a) (b) 72 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 4 s 80 (3) Only the following persons may attend the review: (a) (b) (c) (d) (e) (f) (g) the applicant: the respondent: a lawyer representing the applicant: a lawyer representing the respondent: a lawyer appointed under section 81: any lawyer appointed under section 7(1) of the Care of Children Act 2004 to act for a child who in proceedings under this Act is a child of the applicant’s family: any other persons whom the Family Court Judge per- mits to be present.
If both the applicant and the respondent attend or are repre- sented at the review, the Judge may— (a) make an interim order relating to contact under section (b) 28B: impose any condition under section 27 relating to the matter set out in subsection (2)(a) of that section: (c) give any directions that the Judge considers necessary.

The provisions of this section, so far as applicable and with the necessary modifications, apply to an associated respondent as if the person were a respondent.
Section 79A: inserted, on 16 November 2011, by section 13 of the Domestic Violence Amendment Act 2011 (2011 No 58).
(4) (5) Procedure where hearing required 80 (1) Where, pursuant to section 76 or section 79, the respondent or an associated respondent or any person to whom section 79(3) applies notifies the court that he or she wishes to be heard, or in any other case where a hearing is required or held, the court may at the hearing— (a) (b) make the temporary order a final order (whether with or discharge the temporary order; or (c) without variation); or in a case to which section 78(3) or section 79(2) applies and where part of the temporary order has become final in accordance with section 77,— (i) confirm the temporary order to the extent that it has not already become final: 73 Part 4 s 80A Domestic Violence Act 1995 Reprinted as at 16 November 2011 (ii) (iii) confirm the temporary order to the extent that it has not already become final, but exercise, in relation to that part of the temporary order so confirmed, any power conferred by this Act to vary or alter the terms and conditions of the order, or to impose new terms and conditions: discharge the temporary order to the extent that it has not already become final; or (d) on good cause being shown, adjourn the hearing to a fixed time and place.
(2) Where, pursuant to subsection (1)(a), the court discharges a temporary tenancy order, the discharge of that order has effect as if the order had been discharged under section 59, and the tenancy revests accordingly.

(3) Where, pursuant to subsection (1)(c), the court confirms part of a temporary order (whether with or without variation), that part of the temporary order becomes final, but that confirmation does not affect the order to the extent that it has already become final.
(4) Where a hearing is adjourned under subsection (1)(d) to an- other day, the court must not, at the adjourned hearing, exer- cise that power to adjourn the hearing to a further date unless there are special reasons for doing so.

(5) Where a hearing is adjourned pursuant to subsection (1)(d) to a specified date, the temporary order continues in force until that date.

Section 80(1)(b): substituted, on 16 November 2011, by section 14 of the Do- mestic Violence Amendment Act 2011 (2011 No 58).
80A Temporary order discharged when made final order under section 80(1) (1) When a temporary order becomes a final order pursuant to sec- tion 80(1)(b), the temporary order is automatically discharged.

(2) Where the part of a temporary order not already a final order is confirmed under section 80(1)(c)(i) or (ii), the temporary order is automatically discharged.

Section 80A: inserted, on 16 November 2011, by section 15 of the Domestic Violence Amendment Act 2011 (2011 No 58).
74 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 4 s 81 General provisions 81 (1) Court may appoint lawyer In any proceedings under this Act (not being criminal proceed- ings), the court may appoint a lawyer— (a) (b) to assist the court; or to represent a child— (i) (c) (ii) in any proceedings on an application made, on in accordance with sec- behalf of that child, tion 9(2), for a protection order; or in any proceedings relating to or arising out of a protection order made, under this Act, on any such application made on that child’s behalf; or to represent any other person (being a person to whom section 11 applies)— (i) in any proceedings on an application made, on behalf of that person, in accordance with sec- tion 11(2), for any order under this Act; or in any proceedings relating to or arising out of an order made, under this Act, on any such applica- tion made on that person’s behalf.
(ii) (2) A lawyer appointed under this section may call any person as a witness in the proceedings, and may cross-examine witnesses called by any party to the proceedings or by the court.

Fees for professional services provided by lawyers appointed under this section, and reasonable expenses incurred,— (a) may be determined in accordance with regulations (3) (4) (5) (b) made under this Act; and are payable out of public money appropriated by Parlia- ment for the purpose.
The bill of costs rendered by a lawyer appointed under this section must be given to the Registrar of the court in which the proceedings were heard, and the Registrar may tax the bill of costs.
If the lawyer is dissatisfied with the decision of the Registrar as to the amount of the bill, the lawyer may, within 14 days after the date of the decision, apply to a Judge of the court to review the decision; and the Judge may make such order 75 Part 4 s 82 Domestic Violence Act 1995 Reprinted as at 16 November 2011 varying or confirming the decision as the Judge considers fair and reasonable.
Compare: 1968 No 63 s 30; 1983 No 76 s 3; 1994 No 35 s 3(1) Section 81(3)(b): substituted, on 3 June 1998, by section 3 of the Domestic Violence Amendment Act 1998 (1998 No 41).

82 (1) Power of court to call witnesses In any proceedings before a court under this Act (not being criminal proceedings), the court may, of its own motion, call as a witness any person whose evidence may, in its opinion, be of assistance to the court.
(2) Without limiting subsection (1), the power conferred by that subsection includes power to call as a witness— (a) (b) (c) (d) any party to the proceedings: the spouse or partner of such party: an associated respondent: a specified person.
(3) Where the court calls a witness under this section,— (a) (b) the witness has the same privilege to refuse to answer any question as the witness would have if called by a party to the proceedings; and the witness may be examined and re-examined— (i) (ii) (iii) by the court: by or on behalf of any party to the proceedings: by any lawyer appointed pursuant to section 81 in respect of the proceedings.
Sections 20, 38, and 39 of the Summary Proceedings Act 1957, so far as applicable and with the necessary modifica- tions, apply to every person called as a witness by the court under this section as if that person had been called by a party to the proceedings.
The expenses of any witness called by the court under this section are payable— (a) in accordance with the scale of witnesses’ expenses pre- scribed by regulations made under this Act; and in the first instance, out of public money appropriated by Parliament for the purpose.
(b) Compare: 1980 No 94 s 165 (4) (5) 76 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 4 s 83 Section 82(2)(b): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
Conduct of proceedings 83 (1) No person may be present during the hearing of any proceed- ings under this Act (other than criminal proceedings) except the following persons: (a) (b) (c) (d) officers of the court: the parties to the proceedings: any lawyer representing any party to the proceedings: any lawyer appointed pursuant to section 81 in respect of the proceedings: any lawyer appointed under section 7(1) of the Care of Children Act 2004 to act for a child who in proceedings under this Act is a child of the applicant’s family: where, pursuant to any provision of this Act, any person is bringing or defending the proceedings on behalf of another person,— (i) (da) (e) the person so bringing or defending the proceed- ings: the person on whose behalf the proceedings are so brought or defended: (ii) (2) (f) (fa) (g) witnesses: accredited news media reporters: any person who is nominated by the applicant for a pro- tection order or by a protected person in accordance with subsection (2): (h) any other person whom the Judge permits to be present.
For the purposes of any proceedings to which this section ap- plies, any party to the proceedings (being an applicant for a protection order or a protected person) may nominate a rea- sonable number of persons (being members of his or her fam- ily, whanau, or family group, or any other person) to attend any hearing of those proceedings for the purpose of providing support to that person.

(3) Any witness and any accredited news media reporter must leave the courtroom if asked to do so by the Judge.
77 Part 4 s 84 Domestic Violence Act 1995 Reprinted as at 16 November 2011 (4) No person present in the courtroom pursuant to subsec- tion (1)(g) is entitled to be heard at the hearing, and the court may exclude any such person from the hearing at any time.

(5) Nothing in this section limits any other power of the court— to hear proceedings in private; or to permit a McKenzie friend to be present; or to exclude any person from the court.
(a) (b) (c) Compare: 1982 No 120 s 32 Section 83(1)(da): inserted, on 16 November 2011, by section 16 of the Do- mestic Violence Amendment Act 2011 (2011 No 58).

Section 83(1)(fa): inserted, on 18 May 2009, by section 12(1) of the Domestic Violence Amendment Act 2008 (2008 No 77).

Section 83(3): amended, on 18 May 2009, by section 12(2) of the Domestic Violence Amendment Act 2008 (2008 No 77).
Section 83(5): substituted, on 18 May 2009, by section 12(3) of the Domestic Violence Amendment Act 2008 (2008 No 77).

84 85 86 Evidence In any proceedings under this Act (other than criminal pro- ceedings), and whether by way of hearing in the first instance or by way of appeal, or otherwise, the court may receive any evidence that it thinks fit, whether or not it is otherwise admis- sible in a court of law.
Compare: 1982 No 120 s 33 Standard of proof Every question of fact arising in any proceedings under this Act (other than criminal proceedings) must be decided on the balance of probabilities.

Compare: 1982 No 120 s 34 Orders by consent Subject to section 18, in any proceedings before a court under this Act, the court may make any order under this Act by the consent of all of the parties to the proceedings.
Compare: 1982 No 120 s 36 Explanation of orders 87 (1) Where, in any proceedings under this Act (other than criminal proceedings), the respondent or associated respondent, as the 78 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 4 s 88 case may be, is before the court, then on making an order (other than an order discharging an order made under this Act), the Judge must explain to that person— (a) (b) the effect of the order; and the consequences that may follow if the person fails to comply with the terms of the order; and the means by which the order can be varied or dis- charged.
(c) (2) A Registrar may give the explanation required by subsec- (3) tion (1).

Failure to give the explanation required by subsection (1) does not affect the validity of the order made.
(4) Where the court makes an order under this Act, the copy of the order that is given to or served on the respondent (and, where applicable, the associated respondent) must include a notice stating— (a) the consequences that may follow if the person fails to comply with the terms of the order; and the means by which the order can be varied or dis- charged.
(b) (5) Failure to include in a copy of an order made under this Act the notice required by subsection (4) does not affect the validity of the order made.
Copies of orders to be sent to Police 88 (1) On the making of a temporary order or a final order under this Act (including any order varying or discharging an order made under this Act or any order made in substitution for any such order), the Registrar of the court in which the order is made must ensure that a copy of the order is made available, without delay, to the District Commander at the appropriate Police District Headquarters.
(2) Where a copy of an order is made available to a District Com- mander in accordance with subsection (1), the District Com- mander must ensure that a copy of that order, or a copy of that copy, is made available, without delay, to the officer in charge of the Police station nearest to where the protected person or, as the case requires, each protected person, resides.
79 Part 4 s 89 Domestic Violence Act 1995 Reprinted as at 16 November 2011 For the purposes of this section, a copy of an order, or a copy of a copy of an order, may be made available in any of the following ways: (a) by sending the copy by means of electronic transmis- sion (whether by way of facsimile transmission, elec- tronic mail, or other similar means of communication): by entering the copy on a database maintained in elec- tronic form, where that database may be accessed by the person or persons to whom the copy is required to be made available: by making the copy available in such manner as is pre- scribed by regulations made under this Act: by making the copy available in such other manner as is appropriate in the circumstances.
(b) (c) (d) Information on service of certain orders to be communicated to Police Where any person serves a copy of a protection order, or a copy of any order varying a protection order, on any person (being the respondent or an associated respondent) to whom the standard condition relating to weapons applies, the person so serving the order must, without delay, give notice to the officer in charge of the Police station nearest to where the copy of the order was served, of— (a) (b) the place where the copy of the order was so served; and the date and time of service.
Police to consider exercise of powers under Arms Act 1983 This section applies where a copy of an order, or a copy of a copy of an order, is made available to the officer in charge of a Police station in accordance with section 88(2), except where— (a) the order discharges a protection order, and no other protection order is made in substitution for that protec- tion order; or the order discharges an order made under Part 3, and no other order under that Part is made in substitution for that order; or the order varies an order made under Part 3.
(b) (c) (3) 89 90 (1) 80 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 4 s 91 (2) Where this section applies, the officer in charge of the Police station must immediately establish whether or not the respond- ent and any associated respondent named in the order hold a firearms licence.
(3) Where this section applies, and the officer in charge of the Po- lice station knows that the respondent or any associated re- spondent, or both, hold a firearms licence (whether that know- ledge arises from any inquiries carried out in accordance with subsection (2), or the terms of the protection order, or other- wise howsoever), then, except where the firearms licence is deemed to be revoked pursuant to section 21(2), the officer in charge must arrange for an appropriate person to consider immediately whether or not the powers conferred by sections 27(1) and 27A of the Arms Act 1983 (which relate to the revo- cation of a firearms licence) should be exercised in that case.
(4) Where this section applies, the officer in charge of the Police station must, in every case, arrange for an appropriate person to consider immediately whether or not the powers conferred by section 60A of the Arms Act 1983 (which relates to the seizure of a firearm in cases of domestic violence) should be exercised in that case.
Appeals Appeals to High Court 91 (1AA) This subsection applies to a decision of a court, in proceed- ings under this Act, to— (a) make or refuse to make an order; or dismiss the proceedings; or (b) otherwise finally determine the proceedings.

(c) (1) A party to proceedings in which there is made a decision to which subsection (1AA) applies, or any other person prejudi- cially affected by the decision, may appeal to the High Court against the decision.
The High Court Rules and sections 74 to 78 of the District Courts Act 1947, with all necessary modifications, apply to an appeal under subsection (1) as if it were an appeal under section 72 of that Act.
(2) 81 Part 4 s 92 Domestic Violence Act 1995 Reprinted as at 16 November 2011 (3) On the ex parte application of the appellant, the court appealed from may order that the appellant must not be required under section 74(1) of the District Courts Act 1947 to give the Regis- trar of the High Court security for costs.

(3A) Subsection (3) overrides subsection (2).

(4) Subject to section 93, the decision of the High Court on an appeal to that court under this section is final.
Compare: 1982 No 120 s 38(1), (2), (6) Section 91(1AA): inserted, on 24 November 2003, by section 4 of the District Courts Amendment Act 2002 (2002 No 63).

Section 91(1): substituted, on 24 November 2003, by section 4 of the District Courts Amendment Act 2002 (2002 No 63).

Section 91(2): substituted, on 24 November 2003, by section 4 of the District Courts Amendment Act 2002 (2002 No 63).

Section 91(3): substituted, on 24 November 2003, by section 4 of the District Courts Amendment Act 2002 (2002 No 63).
Section 91(3A): inserted, on 24 November 2003, by section 4 of the District Courts Amendment Act 2002 (2002 No 63).

92 Application of provisions relating to minors, etc Sections 9, 11, and 12, so far as applicable and with the neces- sary modifications, apply in relation to— (a) the making and prosecution of an appeal under sec- tion 91 or section 93; and the defending of any such appeal— (b) as they apply in relation to the making of an application for a protection order.
Appeals to Court of Appeal 93 (1) A party to any appeal under section 91 may, with the leave of the Court of Appeal, appeal to the Court of Appeal against any determination of the High Court on a question of law arising in that appeal.

(2) On an appeal to the Court of Appeal under this section, the Court of Appeal has the same power to adjudicate on the pro- ceedings as the High Court had.
The decision of the Court of Appeal on an appeal to that court under this section, and on an application to it under this section for leave to appeal, is final.

Compare: 1982 No 120 s 38(3)–(5) (3) 82 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 5 s 96 94 95 Appeals to be heard as soon as practicable Every appeal under section 91 or section 93 must be heard as soon as practicable after the appeal is lodged.
Effect of appeal Except where the court making the order appealed from other- wise directs,— (a) the operation of an order made under this Act is not suspended by an appeal under section 91 or section 93; and every order made under this Act may be enforced in the same manner in all respects as if no such appeal were pending.
(b) Compare: 1982 No 120 s 38(7) Part 5 Enforcement of protection orders overseas and foreign protection orders Enforcement of New Zealand orders overseas 96 (1) Enforcement of New Zealand orders overseas Subject to subsections (2) and (3), the Secretary may request the appropriate court or authority in a foreign country to make arrangements for the enforcement in that country of a protec- tion order made by a New Zealand court.
(2) Where a person wishes a request to be transmitted to a foreign country pursuant to subsection (1), the person must make a request in writing in the first instance to the Registrar of the court in which the protection order was made.
(3) Where, on receiving a request made pursuant to subsection (2), the Registrar is satisfied that— (a) the request is made by or on behalf of a protected per- son; and the request relates to a protection order made by a New Zealand court; and orders of that nature may be enforced in the foreign country to which the request relates; and (b) (c) 83 Part 5 s 97 Domestic Violence Act 1995 Reprinted as at 16 November 2011 (d) there are reasonable grounds for believing that enforce- ment of the order in the foreign country is necessary for the protection of the protected person,— the Registrar must send the request to the Secretary for transmission to the foreign country in accordance with sub- section (1).
(4) Where, pursuant to this section, a Registrar or the Secretary receives a request for the transmission of a protection order to a foreign country, the Registrar or, as the case requires, the Secretary may require the person by or on whose behalf the request is made to supply to the Registrar or, as the case re- quires, the Secretary such information or evidence (including certified copies of the order) as may be necessary— (a) to enable the Registrar to determine whether or not the request satisfies the requirements of subsection (3); and to secure enforcement of the order in the foreign coun- try.
(b) (5) Where, in relation to a request made under subsection (2), a Registrar or the Secretary imposes a requirement pursuant to subsection (4), the Registrar or, as the case requires, the Secre- tary may refuse to take any action, or further action, in relation to that request until that requirement is complied with.
(6) Nothing in this section prevents— (a) (b) a protected person from applying to a court or other ap- propriate authority in a foreign country for enforcement, in that country, of a protection order; or the variation or discharge, pursuant to this Act, of a protection order that is enforced in a foreign country.

(7) In this section, the term enforcement includes registration and enforcement; and enforced has a corresponding meaning.
Compare: 1968 No 63 ss 22L–22LA; 1979 No 52 s 2; 1991 No 19 s 34 Enforcement of foreign protection orders Registration of foreign protection orders 97 (1) A foreign protection order may be registered in a court in ac- cordance with this section.
(2) Where the Secretary receives— (a) a certified copy of a foreign protection order; and 84 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 5 s 99 (b) (c) a certificate— (i) (ii) that is signed by an officer of a court in the foreign country in which the order was made; and that contains a statement that the order is, at the date of the certificate, enforceable in the foreign country; and written information tending to show that a person for whose protection the order was made— (i) (ii) (iii) is present in New Zealand; or is proceeding to New Zealand; or is about to proceed to New Zealand,— (3) the Secretary must send the documents to a Registrar of a court for the purposes of registration.
The Registrar of the court must register the foreign protection order by filing a certified copy of the order in the court.

(4) Where the Registrar of a court receives the documents de- scribed in subsection (2) other than from the Secretary, the Registrar may register the order if he or she is satisfied that the nature of the documents is such that, if they had been transmit- ted to the Secretary, they would have been sent to the Registrar by the Secretary.
Compare: 1968 No 63 s 22A; 1979 No 52 s 2 98 99 Copies of registered foreign protection orders to be sent to Police Where a foreign protection order is registered pursuant to sec- tion 97, sections 88 to 90 apply— in relation to that order; and (a) in relation to any variation of that order pursuant to sec- (b) tion 99(c),— as if the foreign protection order were a protection order made under this Act.
Effect of registration Subject to section 101, upon registration pursuant to section 97, a foreign protection order— has effect; and (a) (b) may be enforced; and 85 Part 5 s 100 Domestic Violence Act 1995 Reprinted as at 16 November 2011 (c) in the terms in which it has effect in New Zealand, may be varied,— as if it were a protection order made under this Act on the date of registration.
Compare: 1968 No 63 s 22B; 1979 No 52 s 2 100 Variation of registered foreign protection order (1) Where, pursuant to section 99(c), a court makes an order vary- ing a foreign protection order, the Registrar of the court— (a) must, in the prescribed manner, notify the court or the appropriate authority in the country in which the order was made of the variation; and unless the Registrar is the Registrar of the court in which the foreign protection order is registered, must forward to the Registrar of that court a copy of the order varying the foreign protection order.
(b) The Registrar of the court in which the foreign protection order is registered, on receiving notice of the variation of that order, must note the court records accordingly.
Compare: 1968 No 63 s 22D; 1979 No 52 s 2 (2) 101 Registered foreign protection orders not to be enforced in certain circumstances (1) Where a court is satisfied that a foreign protection order— (a) (b) was not, at the time of its registration in New Zealand, enforceable in the country in which it was made; or has, since its registration in New Zealand, ceased to be enforceable in the country in which it was made,— the court must not enforce or vary the order under this Act.
(2) Where the Registrar of the court in which a foreign protection order is registered is satisfied— (a) that a New Zealand court has refused, pursuant to sub- section (1), to enforce or vary the order under this Act; or that the order is not enforceable in the country in which it was made; or that registration of the order in New Zealand is no longer necessary,— (b) (c) 86 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 5 s 103 (3) the Registrar must cancel the registration of the order and must, in the prescribed manner, notify the court or the appro- priate authority in the country in which the order was made of the cancellation.
For the purposes of this section, a foreign protection order is not unenforceable in the country in which it was made solely by reason of the fact that the person to whom the order relates, or any other person affected by the order, is no longer in that country.
Compare: 1968 No 63 s 22E; 1979 No 52 s 2 102 Evidence taken overseas Where, pursuant to section 99, an application is heard in a court, the evidence of any person beyond New Zealand may be taken in accordance with the rules of the High Court cover- ing the examination of witnesses beyond New Zealand, and those rules, as far as they are applicable and with all necessary modifications, apply.
Compare: 1968 No 63 s 22H; 1979 No 52 s 2 103 Proof of documents (1) For the purposes of this Part,— (a) any document purporting to be signed by any Judge or officer of a court in any prescribed foreign country is, in the absence of evidence to the contrary, deemed to have been so signed without proof of the signature or judicial or official character of the person appearing to have signed it; and the officer of a court by whom a document purports to be signed is, in the absence of evidence to the contrary, deemed to have been the proper officer of the court to sign the document.
(b) (2) Any document purporting to be signed, certified, or verified by any of the persons mentioned in subsection (1) is admissible in evidence in proceedings under this Part if it appears to be relevant to those proceedings.
Compare: 1968 No 63 s 22I; 1979 No 52 s 2 87 Part 5 s 104 Domestic Violence Act 1995 Reprinted as at 16 November 2011 104 Depositions to be evidence Depositions taken for the purposes of this Part in a court in any prescribed foreign country may be received in evidence in any proceedings under this Part.
Compare: 1968 No 63 s 22J; 1979 No 52 s 2 105 Prescribed foreign countries (1) The Governor-General may from time to time, by Order in Council, declare any country outside New Zealand to be a pre- scribed foreign country for the purposes of this Act.

(2) Any Order in Council made under subsection (1) may specify the courts of the foreign country in relation to which the order is to have effect, or may otherwise modify the application of that order to that other country.
(3) Any Order in Council made under subsection (1) may be re- voked or varied by a subsequent Order in Council.

Compare: 1968 No 63 s 22K; 1979 No 52 s 2 106 Evidence of orders made in foreign country Nothing in this Part precludes a court from receiving evidence of an order made in a foreign country (whether or not that country is a prescribed foreign country) with respect to the protection of any person from domestic violence.
Compare: 1968 No 63 s 22F; 1979 No 52 s 2 Part 6 Non-publication of information relating to protected person on public registers Interpretation Interpretation In this Part, unless the context otherwise requires,— code of practice or code means a code of practice issued under section 122 direction means a direction made under section 109 Privacy Commissioner means the Privacy Commissioner ap- pointed under the Privacy Act 1993 107 88 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 6 s 109 public register has the same meaning as in section 58 of the Privacy Act 1993 relevant information, in relation to any person, means infor- mation that discloses, or is likely to disclose, the whereabouts of that person.
Applications for directions 108 Protected person may apply for direction that identifying information on public register not be publicly available (1) Where a protection order is in force, any protected person may at any time apply to the agency responsible for administering any public register for a direction that any relevant informa- tion— (a) that relates to that protected person, or to any protected person who is a child of the applicant’s family, or to both; and that is included, or is about to be included, on that public register— (b) (2) must not be made available to the public.
Every application under subsection (1)— (a) must be made in the prescribed manner (if any); and (b) must be made in the prescribed form (if any); and (c) must, so far as practicable, specify with due particu- larity the relevant information in respect of which the direction is sought, so that the agency may locate that relevant information.
(3) An agency to which an application is made under subsec- tion (1) must, without delay, and in no case after the expiry of the prescribed period after receiving the application,— (a) decide, in accordance with section 109, whether the ap- plication is to be granted or declined; and notify the applicant of its decision in accordance with section 110.
(b) 109 Agency to determine application Where an application is made under section 108(1) to an agency, the agency may make the direction sought if the agency is satisfied that— 89 Part 6 s 110 Domestic Violence Act 1995 Reprinted as at 16 November 2011 (a) a protection order is in force in respect of the applicant; and (b) making the direction would not unduly compromise the public register to which the application relates.
110 Agency to notify applicant of decision (1) Where an agency makes a decision in respect of an applica- tion made under section 108(1), the agency must give written notice of its decision to the applicant.

(2) Where the application is declined, the notice under subsec- tion (1) must— (a) (b) specify the reasons for the decision; and notify the applicant of that person’s right to complain to the Privacy Commissioner pursuant to section 118, including the time within which that complaint must be made.
(3) Where an agency makes a direction in relation to a protection order, the agency must also give written notice of that direction to the Registrar of the court that made that protection order.
Information not to be disclosed pending determination of application or complaint Where an application is made, pursuant to section 108(1), to an agency, then unless the application is sooner withdrawn, section 112 applies, as if the direction sought by the applicant had been made, from the expiry of the prescribed period after the date on which the application is received by the agency— until the expiry of the prescribed period after notice of (a) the agency’s decision on that application is communi- cated to the applicant; and (b) where, before the expiry of the period referred to in paragraph (a), the Privacy Commissioner extends the period within which a complaint relating to that deci- sion may be made under section 118, until the expiry of that period as so extended; and if a complaint relating to that decision is made under section 118, until the complaint is finally dealt with or is withdrawn, whichever occurs first.
(c) 111 90 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 6 s 112 Effect of direction 112 Effect of direction (1) Notwithstanding any other enactment, but subject to sec- tion 116 and to any regulations made under this Act, where, in respect of any public register, an agency makes a direction in respect of any relevant information, and for as long as that direction remains in force,— (a) that relevant information must not be included in— (i) any copy (including a printout) of the whole or any part of the public register; or any index to the register; or any extract from, or certificate as to information recorded on, the register— (ii) (iii) (b) (c) that is made available to the public after the direction is made; and that relevant information must not be made available for inspection by members of the public (other than the person to whom the relevant information relates) who wish to inspect the register or any index to the register; and no application made, by or in relation to the person to whom the relevant information relates, for the inclusion of any information on the public register, to the extent that the application contains relevant information relat- ing to that person, must be made available for inspec- tion by members of the public (other than the person to whom the relevant information relates);— (2) but that relevant information is, for all other purposes, deemed to be included on the public register.
The references in paragraphs (a) to (c) of subsection (1) to rele- vant information relate only to such relevant information re- lating to the person to whom the direction relates as the agency concerned is reasonably able to identify, having regard to the information provided by the applicant for the direction in his or her application under section 108(1).
91 Part 6 s 113 Domestic Violence Act 1995 Reprinted as at 16 November 2011 113 Direction not applicable to relevant information subsequently included in register (1) Where, in relation to a public register, a direction applies in relation to relevant information, then— (a) paragraphs (a) and (b) of subsection (1) of section 112 apply only in relation to relevant information included, or about to be included, on that public register at the date on which the direction is made; and paragraph (c) of that subsection applies only in relation to an application of the kind referred to in that para- graph, where the application has been made before the date on which the direction is made.
(b) (2) One or more directions relating to the same public register may be in force, at the same time, in relation to the same person.
Duration of direction 114 Duration of direction (1) Where— (a) (b) a direction is made in respect of a protection order; and at the time the direction is made, the protection order is a final order,— then, unless the direction is sooner revoked or ceases to be in force pursuant to subsection (3), the direction expires at the end of the period of 5 years after the date on which the direction is made.
(2) Where— (a) (b) a direction is made in respect of a protection order; and at the time the direction is made, the protection order is a temporary order,— the following provisions apply: (c) subject to paragraph (d), the direction, unless sooner revoked, expires at the end of the period of 4 months after the date on which the direction is made: if, before the expiry of the period referred to in para- graph (c),— (i) the applicant for the direction supplies, to the agency by which the direction is made, satisfac- tory evidence that the temporary protection order (d) 92 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 6 s 115 has become final by operation of law in accord- ance with section 77, or a copy of a copy of a final protection order made in substitution for the tem- porary protection order; or pursuant to section 115, a Registrar notifies the agency that a final protection order has been made in substitution for the temporary protection order,— (ii) then, unless the direction is sooner revoked or ceases to be in force pursuant to subsection (3), the direction continues in force and expires at the end of the period of 5 years after the date on which the direction is made.
(3) Where— (a) (b) a direction made by an agency is in force in respect of a final protection order; and either,— (i) the person on whose application the direction was made notifies that agency that the protection order has been discharged; or pursuant to section 115, a Registrar notifies the agency that the protection order has been dis- charged,— (ii) the direction ceases to be in force on the expiry of the pre- scribed period after the date on which the agency receives that notification.
(4) Where, on the application of any person, an agency makes a direction, that agency must, on the application of that person, revoke that direction.

The fact that a direction expires or is revoked or ceases to be in force pursuant to this section does not prevent the making of another direction in respect of the same relevant information.
(5) 115 Registrar to notify agency of making or discharge of protection order Where, in accordance with section 110(3), an agency notifies a Registrar of a court that a direction has been made in relation to a protection order, then,— 93 Part 6 s 116 Domestic Violence Act 1995 Reprinted as at 16 November 2011 (a) (b) in the case of a temporary protection order, on the mak- ing of a final protection order in substitution for that temporary order; or on the discharge of that protection order (whether a tem- porary order or a final order),— the Registrar of the court that made that substitute order or, as the case requires, discharged the order must, without delay, notify that fact to the agency.
Disclosure of relevant information with consent 116 Disclosure of relevant information with consent of (1) protected person This section applies to any information the disclosure or mak- ing available of which would otherwise be prohibited by sec- tion 111 or section 112.
(2) Notwithstanding sections 111 and 112, but subject to subsec- tion (3), where, in respect of any information to which this section applies, the person to whom the information relates— is requested, in writing, to authorise the agency con- (a) cerned to disclose or make available some or all of that information; and gives such authority,— (b) the information may be disclosed or made available, but only in accordance with, and to the extent permitted by, that author- ity.
(3) Nothing in this section authorises any information to which this section applies to be disclosed or made available in cir- cumstances in which that information could not, apart from this section, be lawfully disclosed or made available.

Other enactments not affected 117 Other enactments not affected Nothing in this Part limits or affects— section 115 of the Electoral Act 1993; or (a) (b) section 239(2) of the Land Transport Act 1998.
Section 117(b): substituted, on 1 May 2011, by section 35(4) of the Land Trans- port Amendment Act 2009 (2009 No 17).
94 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 6 s 119 Complaints to Privacy Commissioner (2) 118 Complaints to Privacy Commissioner (1) Where any person makes an application to an agency pursuant to section 108(1), and that agency declines to make the direc- tion sought by the applicant, the applicant may make a com- plaint to the Privacy Commissioner, and the Privacy Commis- sioner may investigate that complaint.
If, in relation to an application made, pursuant to subsection (1) of section 108, to an agency, the agency fails, within the time limit fixed by subsection (3) of that section, to comply with paragraph (a) or paragraph (b) of subsection (3), then,— for the purposes of subsection (1), that failure is deemed (a) to be a decision declining to make the direction sought by the applicant; and for the purposes of subsection (3), that failure is deemed to be a decision notice of which was communicated to the applicant on the expiry of the prescribed period after the agency received the application.
(b) (3) Every complaint made to the Privacy Commissioner pur- suant to subsection (1) must be made within the prescribed period after notice of the decision is communicated to the complainant, or within such further period as the Privacy Commissioner may allow on application made either before or after the expiration of the prescribed period.
(4) Where, pursuant to subsection (3), the Privacy Commissioner extends the period within which a complaint may be made under this section in relation to an agency’s decision, the Pri- vacy Commissioner must forthwith notify that agency of that extension and of the period of the extension.
119 Investigation of complaint On completing any investigation conducted pursuant to sec- tion 118(1), the Privacy Commissioner must report the Com- missioner’s findings to the chief administrative officer of the agency whose actions were the subject matter of the investi- gation, and any report may include a recommendation that the agency make the direction sought by the complainant.
95 Part 6 s 120 Domestic Violence Act 1995 Reprinted as at 16 November 2011 120 Application of certain provisions of Privacy Act 1993 Sections 68, 70, 71, 73, 75, and 80, and Parts 9 and 12, of the Privacy Act 1993, so far as applicable and with all necessary modifications, apply in relation to the making of a complaint pursuant to section 118 and to any investigation conducted by the Privacy Commissioner pursuant to section 118 or section 119.
Regulations 121 Regulations (1) Without limiting section 127, regulations may be made under (c) (b) that section for all or any of the following purposes: (a) prescribing the manner in which applications under sec- tion 108(1) must be made: prescribing such forms as are necessary for the purposes of this Part, or authorising any specified person or per- sons to prescribe or approve forms, and requiring the use of such forms: prescribing the periods required to be prescribed for the purposes of sections 108(3), 111, 114(3), and 118: prescribing circumstances in which, and conditions on which, relevant information may be made available to the public even though a direction is in force in respect of that relevant information, while still ensuring, to the greatest possible extent, the protection of the person to whom the relevant information relates: prescribing the manner in which any notice required by this Part to be given by or to any person is to be so given.
(2) Without limiting subsection (1) or section 127, regulations (d) (e) made pursuant to subsection (1)— (a) may make different provision for different agencies and different public registers: (b) may be made to apply generally in respect of all public registers, or in respect of any specified public register or of public registers of any specified class or classes.
96 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 6 s 123 Codes of practice 122 Codes of practice (1) The Privacy Commissioner may from time to time issue a code of practice.
(2) A code of practice may,— (a) to the extent that no regulations made pursuant to sec- tion 121 apply,— (i) prescribe the manner in which applications under section 108(1) must be made: prescribe forms of applications for the purposes of section 108(1): prescribe, for the purposes of section 108(1), in- formation that must be provided by applicants for the purpose of enabling the location of relevant information: (ii) (iii) (b) (c) (d) (e) (f) prescribe how section 109(b) is to be applied: prescribe how section 112 is to apply, or is to be com- plied with: prescribe how section 113 is to apply: provide for the review of the code by the Privacy Com- missioner: provide for the expiry of the code.
(3) A code of practice may apply in relation to any 1 or more of the following: (a) any specified public register or class or classes of public register: any specified agency or specified class or classes of agency: any specified relevant information or class or classes of relevant information.
(b) (c) 123 Application of certain provisions of Privacy Act 1993 Sections 47 to 52 of the Privacy Act 1993, so far as applicable and with all necessary modifications, apply in relation to the issuing of a code of practice under this Act, and in relation to any code of practice issued under this Act, as if the issuing were done, or, as the case may be, the code were issued, under that Act.
97 Part 6 s 124 Domestic Violence Act 1995 Reprinted as at 16 November 2011 124 Effect of code (1) (2) Subject to subsection (2), where a code of practice is in force, the code has effect according to its tenor.

To the extent that a code is inconsistent with any provision of this Act or of any regulations made under this Act, the code is, to the extent of the inconsistency, of no effect.
Part 6A Police safety orders Part 6A: inserted, on 1 July 2010, by section 9 of the Domestic Violence Amend- ment Act 2009 (2009 No 43).
124A Interpretation In this Part, unless the context otherwise requires,— constable has the meaning given to it by section 4 of the Polic- ing Act 2008 Police safety order or order means an on-the-spot order is- sued by a qualified constable under section 124B in the pre- scribed form qualified constable means a constable who is of or above the level of position of sergeant.

Section 124A: inserted, on 1 July 2010, by section 9 of the Domestic Violence Amendment Act 2009 (2009 No 43).
124B Qualified constable may issue Police safety order (1) A qualified constable may issue an order against a person (per- son A) who is, or has been, in a domestic relationship with an- other person (person B) if the constable— (a) does not arrest person A for an offence against any en- actment involving the use of violence against person B; but has reasonable grounds to believe, having regard to the matters specified in subsection (2), that the issue of an order is necessary to ensure the safety of person B.
(b) (2) When considering whether to issue an order against person A, the constable must have regard to the following matters: (a) whether, in the circumstances, he or she considers it is likely that— 98 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 6A s 124E (i) (ii) person A has used, or is using, domestic violence against person B: person A has used, or is using, domestic violence against any other person with whom he or she has a domestic relationship: (b) whether there is a likelihood that person A will use, or again use, domestic violence against person B: the welfare of any children residing with person B: the hardship that may be caused if the order is issued: any other matter the constable considers relevant.
(c) (d) (e) (3) A constable who is not a qualified constable may issue an order under this section only if he or she is specifically authorised by a qualified constable to issue that order.

Section 124B: inserted, on 1 July 2010, by section 9 of the Domestic Violence Amendment Act 2009 (2009 No 43).

124C Consent to issue of Police safety order not required An order may be issued without the consent of the person for whose safety the order is proposed to be issued.
Section 124C: inserted, on 1 July 2010, by section 9 of the Domestic Violence Amendment Act 2009 (2009 No 43).

124D Police safety order not to be issued against child An order may not be issued against a child.

Section 124D: inserted, on 1 July 2010, by section 9 of the Domestic Violence Amendment Act 2009 (2009 No 43).
124E Effect of Police safety order (1) A person against whom an order is issued must immediately— (a) (b) surrender to a constable— (i) any weapon in his or her possession or control; and (ii) any firearms licence held by him or her: vacate any land or building occupied by a person at risk, whether or not he or she has a legal or equitable interest in the land or building.
(2) It is a condition of every order that the person against whom the order is issued must not— (a) physically or sexually abuse a person at risk; or 99 Part 6A s 124F Domestic Violence Act 1995 Reprinted as at 16 November 2011 (b) (c) (d) (e) (f) (g) threaten to physically or sexually abuse a person at risk; or damage, or threaten to damage, property of a person at risk; or in other behaviour, engage, or threaten to engage, including intimidation or harassment, that amounts to psychological abuse of a person at risk; or encourage any person to engage in behaviour against a person at risk, where the behaviour, if engaged in by the person against whom the order is issued, would be prohibited by the order; or watch, loiter near, or prevent or hinder access to or from the place of residence, business, or employment of a person at risk, or an educational institution attended by a person at risk, or any other place that a person at risk visits often; or follow a person at risk about or stop or accost a person at risk in any place; or (i) (h) where a person at risk is present on any land or building, enter or remain on that land or building in circumstances that constitute a trespass; or make any other contact with a person at risk (whether by telephone, electronic message, correspondence, or otherwise), except such contact as is reasonably neces- sary in any emergency.
(3) In this section, person at risk means— (a) the person named in the order for whose safety the order is issued; and any child residing with that person.

(b) Section 124E: inserted, on 1 July 2010, by section 9 of the Domestic Violence Amendment Act 2009 (2009 No 43).
124F Suspension of firearms licence on issue of Police safety order On the issue of an order, and for the period that the order is in force,— (a) any firearms licence held by the person against whom the order is issued is deemed to be suspended; and 100 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 6A s 124I (b) the person against whom the order is issued is deemed, for all purposes, not to be the holder of a firearms li- cence.
Section 124F: inserted, on 1 July 2010, by section 9 of the Domestic Violence Amendment Act 2009 (2009 No 43).
124G Suspension of parenting orders, etc This section applies where— (1) an order is issued; and (a) a child is residing with a person named in the order for (b) whose protection the order is issued (a protected child); and a parenting order or day-to-day care or contact agree- ment is in force in respect of a protected child; and the person against whom the order is issued is a party to that parenting order or agreement.
(d) (c) (2) While an order continues in force against any person, the pro- visions of a parenting order or an agreement affording to that person the day-to-day care of, or contact with, a protected child are suspended.

Section 124G: inserted, on 1 July 2010, by section 9 of the Domestic Violence Amendment Act 2009 (2009 No 43).
124H Prompt service of Police safety order required (1) An order issued under section 124B must be served by a con- stable as soon as practicable on the person against whom the order is issued.

If an order issued under section 124B has not been served within 48 hours from the time of issue, the order lapses.

Section 124H: inserted, on 1 July 2010, by section 9 of the Domestic Violence Amendment Act 2009 (2009 No 43).
(2) 124I Detention by constable (1) A constable who is proposing to issue a Police safety order under section 124B against any person may detain that person for a period, not exceeding 2 hours, that may be necessary to enable the constable to do 1 or more of the following: (a) obtain authorisation under section 124B(3) to issue the order: 101 Part 6A s 124J Domestic Violence Act 1995 Reprinted as at 16 November 2011 (2) (3) (4) (5) issue the order: serve the order.
(b) (c) If a person who is detained under subsection (1) fails or re- fuses to remain at the place where he or she is detained, that person— (a) commits an offence and is liable on summary conviction to the penalty specified in subsection (4); and (b) may be arrested without warrant.

To avoid doubt, subsection (2) applies in respect of a per- son detained under subsection (1)(a) regardless of whether an order is issued.
The maximum penalty for an offence against subsection (2)(a) is a fine not exceeding $500.

In this section, detain includes move the person to a Police station.

Section 124I: inserted, on 1 July 2010, by section 9 of the Domestic Violence Amendment Act 2009 (2009 No 43).
124J Police safety order to be explained (1) A constable who issues an order must, if and to the extent that it is reasonably practicable to do so in the circumstances, either at the time of issue or service of the order, explain to the person against whom the order is issued— (a) (b) the purpose, duration, and effect of the order; and the consequences that may follow if the person against whom the order is issued contravenes the order.
(2) A constable who issues an order must also, either before or after issue and service of the order, explain to the person for whose safety the order is issued the matters set out in subsec- tion (1)(a) and (b).

Section 124J: inserted, on 1 July 2010, by section 9 of the Domestic Violence Amendment Act 2009 (2009 No 43).

124K Duration of Police safety order (1) An order comes into force immediately on being served on the person against whom the order is issued.
(2) An order continues in force for the period specified in the order, but that period must not exceed 5 days.

102 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 6A s 124M (3) In considering the period to be specified in the order, the qual- ified constable must have regard to the matters set out in sec- tion 124B(2).

Section 124K: inserted, on 1 July 2010, by section 9 of the Domestic Violence Amendment Act 2009 (2009 No 43).
124L Contravention of Police safety order (1) the order; or any condition of the order.

Subsection (2) applies where a person against whom an order is issued refuses or fails to comply with— (a) (b) If this subsection applies, a constable may take the person into custody by— (a) (b) using such force as is reasonably necessary; or executing a warrant to arrest issued in respect of that person under section 124O(1)(a).
(2) (3) Where a person has been taken into custody under subsec- tion (2), the constable may apply to a District Court, by making a complaint in the prescribed form, for a direction or an order under section 124N.

(4) A person who is taken into custody under subsection (2)(a) must be brought before a District Court within 24 hours.

Section 124L: inserted, on 1 July 2010, by section 9 of the Domestic Violence Amendment Act 2009 (2009 No 43).
124M Issue of summons where person cannot be brought (1) before District Court within 24 hours If a person who is taken into custody under section 124L(2)(a) is not brought before a District Court within 24 hours, that person must, at or before the expiry of that period,— (a) (b) be released; and be served by a constable with a summons requiring him or her to appear before a District Court at the place and time specified in the summons.
(2) A summons served under subsection (1)(b) must be in the pre- (3) scribed form.

If a person who has been served with a summons under sub- section (1)(b) does not attend personally at the place and time 103 Part 6A s 124N Domestic Violence Act 1995 Reprinted as at 16 November 2011 specified in the summons, the District Court may issue a war- rant, in the prescribed form, to— arrest him or her; and (a) (b) bring him or her before the court.
Section 124M: inserted, on 1 July 2010, by section 9 of the Domestic Violence Amendment Act 2009 (2009 No 43).
124N Jurisdiction of District Court (1) If a District Court presided over by 1 or more Justices, or 1 or more Community Magistrates, is satisfied that a person has refused or failed to comply with a Police safety order, the court may,— (a) if the order has not expired, direct that another order, which is to continue in force for a period not exceeding 5 days specified by the court, be— (i) issued against the person in substitution of the earlier order for the safety of the person named in the earlier order; and served by a constable or officer of the court as soon as practicable; or (ii) (b) (c) if the order has expired, direct that another order, which is to continue in force for a period not exceeding 5 days specified by the court, be— (i) issued against the person for the safety of the person named in the earlier order; and served by a constable or officer of the court as soon as practicable; or (ii) if it considers it appropriate in the circumstances to do so,— (i) adjourn the proceedings to a specified time and place to enable a District Court Judge to consider whether a temporary protection order should be issued under subsection (2)(b); and (ii) make a direction of the kind specified in para- graph (a) or (b), as the case may require.
If a District Court presided over by a District Court Judge is satisfied that a person has refused or failed to comply with a Police safety order, the Judge may— (2) 104 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 6A s 124O (a) make a direction of the kind specified in subsec- (b) tion (1)(a) or (b); or issue, without application from any person, a temporary protection order under section 14 as if— (i) every reference in that section to the respondent were a reference to the person who the Judge is satisfied has refused or failed to comply with the Police safety order (person R); and every reference in that section to the applicant were a reference to the person named in the Po- lice safety order for whose safety the order was issued (person S).
(ii) (3) A District Court Judge may issue a temporary protection order under subsection (2)(b) in the absence of person R, person S, or both.

Subsection (2)(b) is subject to subsection (5).

(4) (5) A District Court Judge may only issue an order of the kind referred to in subsection (2)(b) if person S— (a) (b) does not object; and has not made an application for a protection order against person R that is currently pending determin- ation by a court.
(6) Where the court makes a direction of the kind specified in subsection (1)(a) or (b), the court may direct that the person against whom the order is to be issued be detained in the cus- tody of the court for a period, not exceeding 2 hours, that may be necessary to enable the order to be issued and served on that person.

Section 124N: inserted, on 1 July 2010, by section 9 of the Domestic Violence Amendment Act 2009 (2009 No 43).
124O Issue of warrant to arrest person who contravenes Police safety order or fails to attend adjourned proceedings Subsection (2) applies if— (a) (1) a person against whom a Police safety order is issued refuses or fails to comply with the order, or any condi- tion of the order; or a person who the District Court is satisfied has re- fused or failed to comply with a Police safety order (b) 105 Part 6A s 124P Domestic Violence Act 1995 Reprinted as at 16 November 2011 does not attend personally at the time and place to which proceedings have been adjourned under section 124N(1)(c)(i).
The District Court may issue a warrant in the prescribed form.

(2) (3) A warrant to arrest a person under this section— (4) (5) (a) must be directed either— (i) (ii) specifically to a constable; or generally to every constable; but (b) may be executed by any constable.
For the purpose of executing a warrant issued under this sec- tion, the constable executing it may at any time enter on to any premises, by force if necessary, if the constable has reasonable grounds to believe that the person against whom it is issued is on those premises.
The constable executing the warrant— (a) must have the warrant with him or her; and (b) must produce it on initial entry and, if requested, at any (c) subsequent time; and if he or she is not in uniform, produce evidence that he or she is a constable.

(6) A person who is arrested under this section must, as soon as possible, be brought before a District Court to enable it to ex- ercise its jurisdiction under section 124N.
Section 124O: inserted, on 1 July 2010, by section 9 of the Domestic Violence Amendment Act 2009 (2009 No 43).

124P Protection order to be issued and served (1) Where a District Court makes a temporary protection order under section 124N(2)(b), the Registrar of that court must— (a) (b) wherever practicable, serve a copy of the order on the person against whom the order is made before that per- son leaves the court.
immediately issue the order; and For the purpose of subsection (1), the court may direct that the person against whom the order is made be detained in the custody of the court for a period, not exceeding 2 hours, that may be necessary to enable the order to be issued and a copy served on that person.

(2) 106 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 7 s 125 Section 124P: inserted, on 1 July 2010, by section 9 of the Domestic Violence Amendment Act 2009 (2009 No 43).
124Q Protection order to be sent to Family Court (1) Immediately after the issue of a protection order under sec- tion 124N, the District Court must send a copy of the order to the Family Court nearest to the residence of the person for whose safety the Police safety order and temporary protection order were issued.

(2) On receipt of a copy of an order under subsection (1), the Registrar of the Family Court must enter the order in the records of the Family Court.
Section 124Q: inserted, on 1 July 2010, by section 9 of the Domestic Violence Amendment Act 2009 (2009 No 43).

124R Protection order treated as if made by Family Court As soon as an order has been entered in the records of the Family Court under section 124Q(2), the order is to be treated as if it were a temporary protection order made by that court.

Section 124R: inserted, on 1 July 2010, by section 9 of the Domestic Violence Amendment Act 2009 (2009 No 43).
124S Police employees, etc, protected from proceedings No action or proceedings may be brought against the Crown or any constable in respect of any thing done, or omitted to be done, for the purpose of carrying out the provisions of this Part, where the Crown or the constable acted in good faith and with reasonable care.

Section 124S: inserted, on 1 July 2010, by section 9 of the Domestic Violence Amendment Act 2009 (2009 No 43).
Part 7 Miscellaneous provisions Restriction on publication 125 Restriction of publication of reports of proceedings Sections 11B to 11D of the Family Courts Act 1980 apply to the publication of a report of any proceedings under this Act (other than criminal proceedings)— 107 Part 7 s 126 Domestic Violence Act 1995 Reprinted as at 16 November 2011 (a) (b) in a Family Court: in any other court, in which case references in those sections to the Family Court or court must be read as references to that other court.
Section 125: substituted, on 18 May 2009, by section 13 of the Domestic Vio- lence Amendment Act 2008 (2008 No 77).
Rules and regulations 126 Rules of court (1) In addition to all other powers conferred by the District Courts Act 1947, the Governor-General may from time to time, by Order in Council, make rules— (a) regulating the practice and procedure of District Courts in proceedings under this Act: providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.
(b) (1A) Rules may be made under section 16A of the Family Courts Act 1980 relating to the practice and procedure of Family Courts in proceedings under this Act.
(2) Without limiting subsection (1) or section 16A of the Family Courts Act 1980, rules made under either of those provisions may— (a) prescribe the procedure for the service of notices and other documents for the purposes of this Act, and pro- vide for substituted service, and for service to be dis- pensed with, in such circumstances as are specified in the rules: prescribe such forms as are necessary for the purposes of this Act, or authorise any specified person or persons to prescribe or approve forms, and require the use of such forms: prescribe circumstances in which applications under this Act may be made without notice, and circum- stances in which applications under this Act must be made on notice: (b) (c) (d) make such provision as is necessary or desirable in relation to representatives, including (without limita- tion),— 108 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 7 s 126 (i) (ii) (iii) providing for the appointment, retirement, and removal of representatives: prescribing the circumstances in which a repre- sentative is or is not responsible for costs, and providing for the recovery, by a representative, of costs paid or incurred by the representative while acting as such: the conduct of proceedings providing for brought, on a person’s behalf, by a representa- tive: prescribe the procedure consequent on a temporary order, or part of a temporary order, becoming final in accordance with section 77, which procedure may include (without limitation) the issue by a Registrar of a certificate, order, or other document confirming that the temporary order has become final (in whole or in part), and setting out the terms and conditions of the final order: provide that Registrars may exercise specified powers of the court or a Judge: prescribe the manner in which a Registrar is to give notice, to a court or appropriate authority of a foreign country, of the variation or cancellation of registration of a foreign protection order: (e) (f) (g) (i) (h) make such provision as is necessary or
 desirable in order to facilitate communications between the Sec- retary and courts or appropriate authorities in foreign countries for the purposes of Part 5: provide for information about proceedings under this Act to be transferred between courts (whether District Courts, Family Courts, the High Court, the Court of Ap- peal, or the Supreme Court), including (without limita- tion) between different courts, or between different div- isions of the same court, or between courts exercising civil jurisdiction and courts exercising criminal juris- diction, or between courts exercising appellate jurisdic- tion and courts exercising original jurisdiction: apply, with or without modification, provisions of the District Courts Rules 2009.
(j) 109 Part 7 s 127 Domestic Violence Act 1995 Reprinted as at 16 November 2011 (3) [Repealed] Compare: 1982 No 120 s 39 Section 126(1)(a): amended, on 13 September 2002, by section 6 of the Family Courts Amendment Act 2000 (2000 No 65).

Section 126(1A): inserted, on 13 September 2002, by section 6 of the Family Courts Amendment Act 2000 (2000 No 65).

Section 126(2): amended, on 13 September 2002, by section 6 of the Family Courts Amendment Act 2000 (2000 No 65).
Section 126(2)(i): amended, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

Section 126(2)(j): amended, on 1 November 2009, pursuant to rule 17.1 of the District Courts Rules 2009 (SR 2009/257).

Section 126(3): repealed, on 13 September 2002, by section 6 of the Family Courts Amendment Act 2000 (2000 No 65).
127 Regulations The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following pur- poses: (a) making provision for organisations and persons to be approved to provide programmes, and for the approval of programmes for the purposes of this Act, including (without limitation),— (i) constituting, or providing for the constitution or appointment of, panels or other groups or bodies for the purposes of regulations made under this paragraph, prescribing the powers, duties, and functions of such panels, groups, or bodies, and regulating their procedures: providing for the payment of fees or allowances, or both, to all, or any class of, the members of any panel, group, or body for whose constitu- tion or appointment subparagraph (i) provides, including (without limitation) providing for the payment, by the Crown, of remuneration by way of fees, or allowances, and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951 as if such per- sons were members of a statutory Board: providing for the specifying of conditions subject to which approvals may be granted, for the vari- (ii) (iii) 110 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 7 s 127 ation and withdrawal of approvals, and for the revocation, variation, and addition of any condi- tion of any approval: providing for approvals to be granted for an in- definite period, or for a limited period: (iv) (iva) providing for the review of a decision to refuse an application for approval: (ivb) providing for the review of a decision to cancel (v) (vi) an approval: providing for the review of approvals: providing for organisations approved as pro- gramme providers to authorise persons to act as programme providers for the purposes of this Act: prescribing transitional provisions relating to the com- ing into force of section 29, in so far as that section provides for Registrars to authorise the provision of pro- grammes to persons who are not children, which regu-
 lations may provide that, notwithstanding anything in that section or section 2, for such period (not exceeding 1 year) beginning on the commencement of section 29 (to the extent that it so provides), and subject to such conditions as are specified in the regulations, authorities may be given under section 29 in respect of programmes that have not been approved in accordance with regula- tions made under this section, or are not provided by programme providers that are approved in accordance with such regulations, or both: prescribing transitional provisions relating to the com- ing into force of section 32, which regulations may pro- vide that, notwithstanding anything in that section or section 2, for such period (not exceeding 1 year) begin- ning on the commencement of section 32, and subject to such conditions as are specified in the regulations, directions may be made under section 32 in respect of programmes that have not been approved in accordance with regulations made under this section, or are not pro- vided by programme providers that are approved in ac- cordance with such regulations, or both: 111 (b) (c) Part 7 s 127 Domestic Violence Act 1995 Reprinted as at 16 November 2011 (d) making provision for the determination of the number of programme sessions that may be provided pursuant to section 29 or section 32: (e) making provision for the determination of the amount of fees and expenses, including minimum and maximum amounts, payable in respect of programmes provided pursuant to section 29 or section 32, which fees and expenses may differ according to— (i) the number of sessions determined to be provided pursuant to those sections: (ii) whether or not the programmes are to be provided in a specified number of proceedings during a specified period: making provision for the determination of the amount of fees and expenses, including minimum and maxi- mum amounts, payable in respect of professional ser- vices provided by lawyers appointed under section 81,
 which fees and expenses may differ according to the complexity of the proceedings and the time spent, and according to whether or not professional services are to be provided in a specified number of proceedings dur- ing a specified period: travelling allowances, and ex- prescribing the fees, penses payable to persons called by the court under section 82; and prescribing the circumstances in which, and the extent (if any) to which, such fees, travelling allowances, and expenses are payable (in whole or in part) to persons to whom that section applies by virtue of section 42: providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.
(f) (g) (h) Compare: 1982 No 120 s 39A; 1994 No 30 s 3 Section 127(a)(iva): inserted, on 22 October 2003, by section 3 of the Domestic Violence Amendment Act 2003 (2003 No 71).

Section 127(a)(ivb): inserted, on 22 October 2003, by section 3 of the Domestic Violence Amendment Act 2003 (2003 No 71).
112 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 7 s 133 Saving 128 Property (Relationships) Act 1976 not affected Nothing in this Act limits or affects the power of a court to make an order (including an order made on an ex parte ap- plication) under section 27 or section 28 or section 28B or section 28C or section 33 of the Property (Relationships) Act 1976.
Compare: 1982 No 120 s 41 Section 128: substituted, on 1 February 2002, by section 64(2) of the Property (Relationships) Amendment Act 2001 (2001 No 5).
Repeals and consequential amendments 129 Repeals The following enactments are hereby repealed: the Domestic Protection Act 1982: (a) the Domestic Protection Amendment Act 1983: (b) the Domestic Protection Amendment Act 1985: (c) the Domestic Protection Amendment Act 1986: (d) the Domestic Protection Amendment Act 1987: (e) the Domestic Protection Amendment Act 1994: (f) Amendment(s) incorporated in the Act(s).

(g) 130 Amendments to Arms Act 1983 Amendment(s) incorporated in the Act(s).
131 Amendment to Children, Young Persons, and Their Families Act 1989 Amendment(s) incorporated in the Act(s).

132 Amendment to Electoral Act 1993 Amendment(s) incorporated in the Act(s).
Transitional provisions 133 Transitional provisions (1) All applications, appeals, proceedings, and other matters that, before the commencement of this section, have been brought or made under or pursuant to any of the provisions of the Domestic Protection Act 1982, and that have not been deter- 113 Part 7 s 133 Domestic Violence Act 1995 Reprinted as at 16 November 2011 mined or completed before the commencement of this section, shall be determined and completed as if this Act had not been passed.
(2) Where, at the commencement of this section, an interim order made under the Domestic Protection Act 1982 is in force, the provisions of that Act shall apply in respect of— (a) the making of a final order in substitution for the interim order; and the variation, discharge, and enforcement of that order,— (b) as if this Act had not been passed.
Every final non-violence order, and every final non-molesta- tion order, that— (a) originated under or pursuant to the Domestic Protection Act 1982, and that is subsisting or in force on the com- mencement of this section; or pursuant to subsection (1) or subsection (2), is made after the commencement of this section under or pur- suant to any of the provisions of that Act,— (b) is deemed to be a protection order that is subject to the stand- ard conditions contained in section 19 (but not the standard condition relating to weapons), and accordingly— has effect for the purposes of this Act; and (c) (d) may be varied, discharged, and enforced,— as if it had originated or been made under the corresponding provisions of this Act.
Every final occupation order, final tenancy order, or final an- cillary furniture order that— (a) originated under or pursuant to the Domestic Protection Act 1982, and that is subsisting or in force on the com- mencement of this section; or pursuant to subsection (1) or subsection (2), is made after the commencement of this section under or pur- suant to any of the provisions of that Act,— (b) has effect and may be varied, discharged, and enforced, for the purposes of this Act, as if it had originated or been made under the corresponding provisions of this Act.
(3) (4) 114 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Part 7 s 133 (5) The Acts Interpretation Act 1924 applies subject to this sec- tion.
Compare: 1982 No 120 s 43 115 Notes Domestic Violence Act 1995 Reprinted as at 16 November 2011 Contents 1 2 3 4 General Status of reprints How reprints are prepared Changes made under section 17C of the Acts and Regulations Publication Act 1989 List of amendments incorporated in this reprint (most recent first) General This is a reprint of the Domestic Violence Act 1995.
The reprint incorporates all the amendments to the Act as at 16 November 2011, as specified in the list of amendments at the end of these notes.

Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order.

For more information, see http://www.pco.parliament.govt.nz/reprints/.
Status of reprints Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment.

This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

How reprints are prepared editorial A number in the preparation of enacting words are of conventions reprints.

not included are For example, in Acts, followed the and 5 Notes 1 2 3 116 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Notes that are repealed or revoked are omitted.
provisions For a detailed list of see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
the editorial conventions, 4 Changes made under section 17C of the Acts and Regulations Publication Act 1989 Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice.

Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000.

Changes to legislative drafting style have also been made since 1997, and are ongoing.

To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint: • omission of unnecessary referential words (such as “of this section” and “of this Act”) typeface and type size (Times Roman, generally in 11.5 point) layout of provisions, including: • • indentation position of section headings (eg, the number and heading now appear above the section) format of definitions (eg, the defined term now appears in bold type, without quotation marks) format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”) 117 • • • • Notes Domestic Violence Act 1995 Reprinted as at 16 November 2011 • • • • • • • position of the date of assent (it now appears on the front page of each Act) punctuation (eg, colons are not used after definitions) Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly case and appearance of letters and words, including: • followed by small capital format of headings (eg, headings where each word formerly appeared with an initial capital letter letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter) small capital letters in section and subsection references are now capital letters • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly running heads (the information that appears at the top of each page) format of amendments, and schedules of are rearranged into alphabetical order, chronological).
two-column schedules of consequential they rather than repeals (eg, 5 List of amendments incorporated in this reprint (most recent first) Domestic Violence Amendment Act 2011 (2011 No 58) Domestic Violence Amendment Act 2009 (2009 No 43) District Courts Rules 2009 (SR 2009/257): rule 17.1 Land Transport Amendment Act 2009 (2009 No 17): section 35(4) Domestic Violence Amendment Act 2008 (2008 No 77) Policing Act 2008 (2008 No 72): sections 116(a)(ii), 130(1) Lawyers and Conveyancers Act 2006 (2006 No 1): section 348 Relationships (Statutory References) Act 2005 (2005 No 3): section 7 Care of Children Act 2004 (2004 No 90): section 151 Domestic Violence Amendment Act 2003 (2003 No 71) Supreme Court Act 2003 (2003 No 53): section 48(1) State Sector Amendment Act 2003 (2003 No 41): section 14(2) 118 Reprinted as at 16 November 2011 Domestic Violence Act 1995 Notes District Courts Amendment Act 2002 (2002 No 63): section 4 Property (Relationships) Amendment Act 2001 (2001 No 5): section 64(2) Family Courts Amendment Act 2000 (2000 No 65): section 6 Bail Act 2000 (2000 No 38): section 74(2) Domestic Violence Act Commencement Order 1998 (SR 1998/343) Domestic Violence Amendment Act 1998 (1998 No 41) Domestic Violence Act Commencement Order 1996 (SR 1996/142) 12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2011 119