Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698926029315.pdf (New Zealand)
Reprint as at 28 October 2009 Domestic Violence Rules 1996 (SR 1996/148) Michael Hardie Boys, Governor-General Order in Council At Wellington this 10th day of June 1996 Present: His Excellency the Governor-General in Council Pursuant to section 126 of the Domestic Violence Act 1995, His Ex- cellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following rules.
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.

These rules are administered by the Ministry of Justice.
1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Contents Part 1 Preliminary provisions Page Title and commencement Application Interpretation Construction Procedure and practice Cases not provided for Certain provisions of District Courts Rules not to apply Non-compliance with rules Part 2 Proceedings generally General provisions Forms Shape, etc, of forms and documents filed Notices Headings Applications Applications to be on notice Applications without notice Form of applications for protection and property orders Form of other applications on notice Form of other applications without notice Form of application to vary protection order with respect to standard condition relating to weapons Multiple applications Documents to accompany applications Information sheet Affidavits to accompany applications for protection or property orders Applicant for protection order may request that residential address be kept confidential Information about weapons Other documents in support of applications Documents relating to earlier proceedings Documents relating to earlier proceedings Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Certificate of lawyer Certificate of lawyer to be included in applications without notice Filing applications Proper court for filing applications Proceedings commenced in wrong court Procedure on filing applications Procedure for applications on notice for protection orders or property orders Notices of defence and notices of intention to appear Notice of defence where application on notice Non-compliance with rule 31 Notice of intention to appear in relation to temporary protection order or temporary property order Temporary property orders made on application without notice Issue of order where temporary order becomes final or is confirmed Registrar to issue order when temporary order becomes final or is confirmed Part 3 Proceedings
 involving representatives Appointment of representative of minor under age of 17 Appointment of representative of persons lacking capacity Responsibility of guardian ad litem for costs Recovery of costs by representative Effect of service on person incapable of defending proceedings in own name Retirement, removal, or death of representative Effect of minor attaining age of 17 years Effect of ceasing to be incapacitated or unable to take proceedings Part 4 Service General Service generally Address for service Address for service 26 27 28 29 30 31 31A Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Residential address not required Modes of service Modes of service Service by means of post office box, document exchange, or facsimile transmission Giving of notices, etc Cases not provided for Personal service Personal service Who may undertake personal service Personal service of applications on notice Personal service of orders Extension of period for service Personal service on child Personal service on persons lacking capacity Personal service on person to whom section 12 relates Lawyer accepting service Lawyer accepting service Substituted service Proof of service Substituted service Proof of service Notifications to Police Copies of orders to be sent to Police Information on service of certain orders to be communicated to Police Copy of order issued under rule 34 to be sent to Police Part 5 Applications and directions in the course of proceedings General procedure Interlocutory applications without notice Enlargement or abridgement of time Part 6 Amendment Amendment before service Amending proceedings Reprinted as at 28 October 2009 Domestic Violence Rules 1996 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84
 85 86 87 88 89 90 91 92 93 Amendment of application or notice of defence Clerical mistakes and slips Part 7 Conferences Power of Judge to call conference Orders and directions Non-compliance with order Part 8 Evidence Order for production of documents Powers of Judge or Registrar not suspended by examination of witnesses out of court Taking evidence outside New Zealand Summons to attend before court Part 9 Transfer of proceedings or hearing Transfer of proceedings Transfer of hearing Transfer with or without application Procedure on transfer of proceedings Procedure on transfer of hearing Part 10 Proceedings relating to attendance at programmes Notice of objection How notice of objection to be dealt with Notice of result of objection Request by provider for variation of programme Decision of court under section 42 Summons to attend before court Part 11 Enforcement of property orders Enforcement of occupation and tenancy orders Enforcement of ancillary furniture orders and furniture orders Part 12 Registration of foreign protection orders Registration of foreign protection orders Notice of registration of foreign protection orders Notice to be given to foreign court or authority 42 42 43 43 44 44 45 45 45 45 46 46 46 47 48 48 49 49 49 49 49 49 50 50 50 5 Part 1 r 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Part 13 Records Records Searches Transfer of information to criminal court Part 14 Miscellaneous provisions Court and chambers Powers of Registrar Witness entitled to expenses Revocation Transitional provisions Schedule 1 Forms Schedule 2 Provisions of the District Courts Rules that do not apply to proceedings under the Act 51 51 52 53 53 54 54 54 56 157 Rules Part 1 Preliminary provisions Title and commencement These rules may be cited as the Domestic Violence Rules 1996.
These rules shall come into force on 1 July 1996.

Application Subject to subclauses (2) and (3), and unless the context other- wise requires, these rules apply to all proceedings under the Domestic Violence Act 1995.
These rules do not apply to— criminal proceedings; or (a) proceedings under the Act to which the Family Courts (aa) Rules 2002 apply, namely— (i) (ii) proceedings in a Family Court; and proceedings in a District Court acting under sec- tion 15 of the Family Courts Act 1980; or 94 95 96 97 98 99 100 101 1 (1) (2) 2 (1) (2) 6 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Part 1 r 3 (3) 3 (1) (b) proceedings that are transferred to the High Court under section 14 of the Family Courts Act 1980.
If in any proceedings any question arises as to the application of any provision of these rules, the court may, either on the application of any party or of its own motion, determine that question and give such directions as it considers appropriate.

Compare: SR 1983/31 r 2 Rule 2(2)(aa): inserted, on 21 October 2002, by rule 3 of the Domestic Violence Amendment Rules (No 2) 2002 (SR 2002/260).
Interpretation In these rules, unless the context otherwise requires,— the Act means the Domestic Violence Act 1995 address for service, in relation to any party, means the address of a place in New Zealand at which any document may be left for, or sent to, that party in accordance with these rules associated respondent includes a person against whom a di- rection pursuant to section 17 of the Act is sought District Courts Rules means the District Courts Rules 1992 (SR 1992/109) Family Proceedings Records means records kept in accord- ance with rule 7(1)(a) of the Family Proceedings Rules 1981 (SR 1981/261) form FP 7 means the form so numbered in Schedule 1 of the Family Proceedings Rules 1981 information sheet means an information sheet in form FP 7 interlocutory application means an application to which rule 64 applies nearest, in relation to any court, means the court whose place of sitting is nearest by the most practicable route objector means a respondent or associated respondent who objects, pursuant to section 36 of the Act, to a direction to attend a programme party, in relation to any proceedings, includes an associated respondent prescribed form means a form set out in Schedule 1 7 Part 1 r 4 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 an occupation order: a tenancy order: an ancillary furniture order: a furniture order,— property order means— (a) (b) (c) (d) whether a temporary order or a final order Registrar means the Registrar of a court; and includes a Deputy Registrar of a court represented person means a person in relation to whom a representative has been appointed pursuant to the Act or these rules working day means any day of the week other than— (a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and Wai- tangi Day; and a day in the period commencing with 25 December in any year and ending with 2 January in the following year.
(b) (2) In these rules, unless the context otherwise requires,— (a) a reference to a Part or rule or schedule is a reference to a Part or rule of, or a schedule of, these rules: a reference in a rule to a subclause is a reference to a subclause of that rule: a reference in a rule to a paragraph is a reference to a paragraph of that rule: a reference to a numbered form (other than to form FP 7) is a reference to the form so numbered in Schedule 1.
(b) (c) (d) (3) Where any expression used in these rules is not defined in these rules but is defined in the Act, then unless the context other- wise requires, that expression has, in these rules, the meaning given to it in the Act.
Compare: SR 1983/31 r 3 Construction These rules must be so construed as— (a) to ensure that the object of the Act (as set out in section 5 of the Act) is attained; and 4 8 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Part 1 r 6 (b) to secure the just, speedy, simple, and inexpensive de- termination of any proceedings.

Compare: SR 1983/31 r 4 Procedure and practice 5 (1) No practice that is inconsistent with these rules may prevail in (2) 6 (1) any court.
Every Judge may from time to time give such directions, not inconsistent with any enactment or these rules, as the Judge thinks proper for regulating the business of the court over which he or she presides.
Compare: SR 1983/31 r 5(1), (6) Cases not provided for Subject to subclauses (2) and (3) and to rule 7, if any case arises for which no form of procedure is prescribed by the Act or these rules,— (a) the District Courts Rules apply, so far as they are ap- plicable and with any necessary modifications; and the general practice of District Courts applies.
(b) (2) Notwithstanding subclause (1), a court must dispose of any case to which that subclause applies in such manner and sub- ject to such modifications as the court thinks best calculated— to ensure that the object of the Act (as set out in section (a) 5 of the Act) is attained; and to promote the ends of justice.
(b) (3) Where a court is satisfied, in the circumstances of any particu- lar case,— (a) that the provisions of the Act, of these rules, or of the District Courts Rules, or the practice of the court, do not make adequate provision for procedure or practice; or that difficulties arise or doubts exist as to the appropriate procedure or practice,— (b) the court may give such directions with respect to the proced- ure and practice to be followed in the case as the court consid- ers necessary— (c) to ensure that the object of the Act (as set out in section 5 of the Act) is attained; and 9 Part 1 r 7 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 7 8 to promote the ends of justice.
(d) Compare: SR 1983/31 r 5(2), (3), (5) Certain provisions of District Courts Rules not to apply Those provisions of the District Courts Rules that are set out in Schedule 2 do not apply to proceedings under the Act.
Compare: SR 1983/31 r 5(4) Non-compliance with rules Non-compliance with any of these rules does not render void the proceedings in which the non-compliance has occurred, but the court may, of its own motion or on application made with respect to the non-compliance,— (a) set aside, either in whole or in part, those proceedings or any step taken in those proceedings; or allow the proceedings to be amended; or deal with the proceedings in such other manner or on such terms as the court considers appropriate.
(b) (c) Compare: SR 1983/31 r 6 Part 2 Proceedings generally General provisions 9 (1) Forms The forms to be used in proceedings under the Act are those set out in Schedule 1.

(2) Any prescribed form may be varied where the circumstances of a particular case require.
(3) Without limiting the generality of subclause (2),— (a) where a prescribed form contains or specifies material that is inapplicable in the circumstances of a particular case, that material may be deleted or omitted from the completed form: (b) where a prescribed form contains explanatory material intended only for the information of a particular person, that material need not be included on any copy of the form that is required to be served on or given to any other person to whom that material is not relevant.
10 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Part 2 r 12 (4) Strict compliance with prescribed forms is not necessary, and substantial compliance, or such compliance as the particular circumstances of the case allow, is sufficient.

(5) Where there is no prescribed form, the parties or the court may devise an appropriate form, using as guides the forms prescribed by these rules and the District Courts Rules.
Compare: SR 1983/31 r 9(1)–(4) 10 (1) (2) (3) (4) 11 Shape, etc, of forms and documents filed Each sheet of paper used for any form or document to be filed must be of International size A4.

In the case of each prescribed form that is an application,— (a) a margin of at least 40 mm must be left at the top of each page; and a margin of at least 70 mm must be left on the right-hand side of each page.
(b) Each sheet of paper on which the contents of a document are recorded may have those contents recorded only on one side.

The contents of each document must be— (a) (b) legible; and typewritten, printed, handwritten, or produced in per- manent form by photocopying.
Compare: SR 1983/31 r 9(5)–(7); SR 1992/109 rr 22–24, 26 Notices All notices required to be given or served by the Act or by these rules must be in writing unless— (a) (b) Compare: SR 1983/31 r 10 the Act or these rules otherwise provide; or the court in a particular case otherwise directs.
Headings 12 (1) Unless any prescribed form otherwise requires, every appli- cation, notice, order, summons, or warrant must have, on the first page, a general heading (which may be in form DV 1) that shows,— (a) the office of the court in which the application or other matter is proceeding; and 11 Part 2 r 13 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 (b) (c) the distinguishing number of the application or other matter; and subject to subclause (2) and to rules 22 and 45, the full name, address, and occupation of each party, so far as they are known to the party presenting the document for filing.
(2) Unless any prescribed form otherwise requires, and subject to rules 22 and 45, all other documents that are filed, issued, or served in proceedings under the Act must have on the first page a general heading that complies with subclause (1), ex- cept that, where it is not necessary to distinguish between 2 or more persons,— (a) (b) Compare: SR 1983/31 r 11 given names may be indicated by initials only: addresses and occupations may be omitted.
Applications 13 (1) Applications to be on notice Subject to sections 13, 60, and 70 of the Act and to rules 14, 59, and 64(1), every person against whom an application is made must be given notice of the application.

(2) Nothing in subclause (1) prevents a person who makes an ap- plication on notice from applying for an abridgement of time in accordance with rule 66.
Applications without notice Subject to the Act and to subclauses (2) and (3), an application may be made without notice to the persons against whom the application is made if— (a) the application is made under a provision of the Act or of these rules that provides that the application may be made without notice; or the court is satisfied that the delay that would be caused by proceeding on notice would or might entail a risk of harm or undue hardship to the applicant or any child of the applicant’s family, or both; or the court is satisfied that the application affects only the party applying, or is in respect of a routine matter, or is (b) (c) 14 (1) 12 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Part 2 r 14 of so unimportant a nature that the interest of any other party cannot be affected by it.
(2) (3) The following applications made in relation to a protection order must be made on notice, if the application is made by the respondent or an associated respondent: (a) an application under section 22(2) or section 22(3) of the Act (which relate to the imposition, discharge, and modification of the standard condition relating to weapons): an application under section 46(1) or section 46(2) of the Act (which relate to the variation of a protection order), other than an application that seeks only the making of a direction under section 32 of the Act: an application under section 47(1) or section 47(4) of the Act (which relate to the discharge of a protection order).
(b) (c) The following applications made in relation to a property order must be made on notice, if the application is made by the re- spondent: (a) in the case of an occupation order, an application under section 55 of the Act (which relates to variation and discharge): in the case of a tenancy order, an application under sec- tion 59 of the Act (which relates to discharge): in the case of an ancillary furniture order, an application under section 65 of the Act (which relates to variation and discharge): in the case of a furniture order, an application under section 69 of the Act (which relates to variation and discharge).
(b) (c) (d) (4) Nothing in subclause (2) or subclause (3) prevents a respond- ent or associated respondent from applying for an abridgement of time in accordance with rule 66.

(5) Nothing in subclause (2) or subclause (3) limits rule 59.
Compare: SR 1983/31 r 37 13 Part 2 r 15 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form of applications for protection and property orders 15 (1) An application (whether on notice or without notice) for any of the following orders, or for any 2 or more of those orders, must be in form DV 2: (a) (b) (c) (d) (e) Every application to which this rule applies must be filed to- gether with such number of copies of the application and the information sheet as the Register directs as being required for service.
Compare: SR 1983/31 r 12(1)–(2) a protection order: an occupation order: a tenancy order: an ancillary furniture order: a furniture order.

(2) Form of other applications on notice Except as otherwise provided in these rules, an application on notice (other than an application to which rule 15 applies),— (a) must be in form DV 7; and (b) must be filed together with such number of copies of the application as the Registrar directs as being required for service.
Every such application must,— (a) (b) state the order or orders applied for; and either— (i) (ii) contain sufficient particulars to show the grounds on which the applicant claims to be entitled to the order or orders, and sufficient information to inform the court of the facts relied on in support of the application; or be accompanied by an affidavit that contains suf- ficient particulars to show the grounds on which the applicant claims to be entitled to the order or orders, and sufficient information to inform the court of the facts relied on in support of the ap- plication; and (c) where applicable, state the names and addresses of the other party or persons intended to be served; and 16 (1) (2) 14 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Part 2 r 19 state the applicant’s address for service.
(d) Compare: SR 1983/31 r 12(3)–(6) 17 (1) (2) Form of other applications without notice Except as otherwise provided in these rules, an application without notice (other than an application to which rule 15 ap- plies) must be in form DV 8.
Every such application must,— (a) (b) state the order or orders applied for; and either— (i) (ii) contain sufficient particulars to show the grounds on which the applicant claims to be entitled to the order or orders, and sufficient information to inform the court of the facts relied on in support of the application; or be accompanied by an affidavit that contains suf- ficient particulars to show the grounds on which the applicant claims to be entitled to the order or orders, and sufficient information to inform the court of the facts relied on in support of the ap- plication; and (c) where applicable, state the names and addresses of the other party or persons intended to be served; and state the applicant’s address for service.
(d) Compare: SR 1983/31 r 12(4), (6) 18 Form of application to vary protection order with respect to standard condition relating to weapons An application under section 22(2) or section 22(3) of the Act (which relate to the standard condition relating to weapons) must be in form DV 9.

19 Multiple applications (1) Without limiting rule 15, multiple applications for orders (other than any order to which rule 15 applies) may be made in a single document.
(2) Where multiple applications are made in a single document,— 1 signature by the applicant is sufficient for all the ap- plications in that document: (a) 15 Part 2 r 20 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 (b) (c) (d) 1 general heading on the first page is sufficient, if a general heading is required: each separate application must be clearly identified in the document by an appropriate heading: any explanatory notes that are part of any applicable prescribed form may be combined and amended if ne- cessary to avoid duplication.
Compare: SR 1981/261 r 14 Documents to accompany applications 20 (1) Information sheet Subject to rules 22 and 45, a duly completed information sheet must be filed with every application to which rule 15 applies.

(2) Where the application is to be served, a copy of the information sheet must be served with the application.
Compare: SR 1983/31 r 14 21 Affidavits to accompany applications for protection or property orders An affidavit in form DV 3, by or on behalf of the applicant, and deposing to the matters on which the application is based, must be filed with every application for a protection order or a property order, or both.
22 Applicant for protection order may request that residential address be kept confidential (1) Where an applicant for a protection order wants his or her resi- dential address to be kept confidential from the respondent or associated respondent, the applicant must file with his or her application a notice in form DV 4— (a) (b) stating the applicant’s residential address; and requesting that the address be kept confidential.
(2) Where the applicant changes his or her address as shown on a notice filed in accordance with subclause (1), the applicant may, by notice in form DV 4, notify that change of address to the Registrar.

16 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Part 2 r 25 23 24 25 (1) Information about weapons A notice in form DV 5 must be filed with every application for a protection order.
Other documents in support of applications Where any protection order or property order is to be used in support of an application, then, unless the Registrar otherwise directs, a copy of the order, or a copy of a copy of the order, must be filed with the application.
Compare: SR 1983/31 r 12(5) Documents relating to earlier proceedings Documents relating to earlier proceedings This rule applies where— (a) the parties to an application (other than an interlocutory application) were the parties, or some of the parties, to any previous application— (i) under the Act or any corresponding previous en- actment; or to which the Family Proceedings Rules 1981 apply; and (ii) (b) any such previous application was filed in a court other than that in which the latest application is filed.
(2) Where this rule applies, the latest application must contain a statement showing— (a) the file number of each previous application of the kind referred to in subclause (1), if the file number is known, or if not known, any other information that the applicant considers may assist in identifying that file; and the court in which each such previous application was filed, if known.
(b) (3) Any party to an application may request in writing the transfer to the court in which the latest application is filed of all docu- ments relating to the previous application.

The Registrar may, and must on receipt of a request under sub- clause (3) or if directed to do so by a Judge, take all necessary (4) 17 Part 2 r 26 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 steps to have the documents relating to the previous applica- tion transferred.
Compare: SR 1983/31 r 17 Certificate of lawyer 26 (1) Certificate of lawyer to be included in applications without notice Subject to subclause (4), every application without notice for a protection order or a property order, or both, and that is not intended to be made by the party applying in person, must in- clude a certificate, signed by that party’s lawyer, and certify- ing— (a) that the lawyer has advised the applicant that every af- fidavit that accompanies the application must fully and frankly disclose all relevant circumstances, whether or not they are advantageous to the applicant and any other person for whose benefit the order is sought; and that the lawyer has made reasonable enquiries of the ap- plicant to establish whether the relevant circumstances have been disclosed, and to the best of the lawyer’s knowledge every affidavit that accompanies the appli- cation discloses all such circumstances; and that the lawyer is satisfied— (i) that the application and every such affidavit com- ply with the requirements of the Act and these rules; and that the order sought is one that ought to be made.
(ii) (b) (c) (2) A certificate given under subclause (1)— (a) must be signed by the lawyer personally and in his or her own name; and (b) may be given by a lawyer notwithstanding that the lawyer has taken an affidavit in support of the applica- tion or any other affidavit relevant to the application.
Every lawyer— (a) must, before giving a certificate in accordance with sub- clause (1), personally satisfy himself or herself— (i) that the application and every affidavit filed in support of it comply with the requirements of the Act and these rules; and (3) 18 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Part 2 r 28 (ii) that the order sought is one that ought to be made; and (b) is responsible to the court in respect of these matters.
(4) Nothing in this rule applies to an application made, on behalf of any person, by a representative, where the application is intended to be made by the representative applying in person.

Compare: 1908 No 89 Schedule 2 r 237; SR 1991/132 r 13; SR 1992/109 r 260 Rule 26(1)(b): substituted, on 1 March 1997, by rule 2 of the Domestic Violence Amendment Rules 1997 (SR 1997/10).
Filing applications 27 (1) Proper court for filing applications Subject to subclause (3), an application must be filed,— (a) in the court nearest to the place where the applicant or one of the applicants resides; or in the court nearest to the place specified by the appli- cant or one of the applicants as his or her address for service; or in the court nearest to the place where the respondent or any associated respondent resides; or (b) (c) (d) with the written consent of every respondent and every associated respondent, in any other court.
(2) Written consent given pursuant to subclause (1)(d) must be filed with the application.

(3) An interlocutory application must be filed in the court in which the proceedings were commenced, or to which they have been transferred in accordance with rule 78, or transferred for hear- ing in accordance with rule 79, as the case requires.
Compare: SR 1981/261 r 20; SR 1983/31 r 21 28 (1) (2) Proceedings commenced in wrong court The Registrar may refuse to file any proceedings which, in the Registrar’s opinion, are tendered for filing in the wrong court.

If the Registrar so refuses, the applicant may apply to a Judge for a direction that the applicant is entitled to file the proceed- ings in that court.
19 Part 2 r 29 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 (3) Where proceedings are commenced in the wrong court, a Judge, on such terms and conditions as the Judge considers appropriate, may— (a) transfer the proceedings to the court in which they ought to have been commenced; or order that the proceedings continue in the court in which they were commenced.
(b) (4) Subject to subclause (3), no objection may be taken at the hear- ing or at any subsequent proceedings on the ground that the proceedings were filed in the wrong court.
Compare: SR 1983/31 r 18 Procedure on filing applications 29 (1) Where an application is filed, the Registrar must,— (a) (b) (c) (d) enter the application in the records of the court; and if a hearing is required, fix a date and time for the hear- ing of the application, which must be as soon as prac- ticable; and where applicable, inform the applicant of the date and time fixed for the hearing; and subject to rule 30, where the application is on notice, issue a copy of the application for service on the other party.
(2) Nothing in this rule limits any provision of the Act that re- quires that, unless there are special circumstances, the hearing date assigned must be no later than a specified period after an application is made.
Compare: SR 1983/31 r 15(2)–(3) Procedure for applications on notice for protection orders or property orders On the filing of an application on notice for a protection order or a property order, or both, the Registrar must issue, for ser- vice on the respondent and any associated respondent,— (a) (b) a copy of the application; and a notice to the respondent or associated respondent in form DV 10; and 30 20 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Part 2 r 31A (c) a copy of the information sheet accompanying the ap- plication.
Compare: SR 1983/31 r 15(3) Notices of defence and notices of intention to appear Notice of defence where application on notice 31 (1) Where an application is made on notice, any person who in- tends to defend the application may, at least 5 clear days before the date of the hearing, file in the court and serve on the appli- cant,— (a) (b) a notice of defence in form DV 11; and in the case of an application for a protection order or a property order, or both, an affidavit setting out sufficient particulars to indicate the grounds on which the defence is based, and sufficient information to inform the court of the facts relied on in support of the defence.
(2) (3) (4) [Revoked] [Revoked] [Revoked] Compare: SR 1983/31, r 19 Rule 31(2): revoked, on 3 August 2009, by rule 4 of the Domestic Violence Amendment Rules 2009 (SR 2009/189).

Rule 31(3): revoked, on 3 August 2009, by rule 4 of the Domestic Violence Amendment Rules 2009 (SR 2009/189).

Rule 31(4): revoked, on 3 August 2009, by rule 4 of the Domestic Violence Amendment Rules 2009 (SR 2009/189).
31A Non-compliance with rule 31 (1) This rule applies to a person who— (a) (b) is served with an application; and fails to file and serve a notice of defence within the time specified in or under rule 31; and in the case of an application for a protection order or a property order, fails to file an affidavit in accordance with rule 31(1)(b).
(c) (2) If the person appears on the day of the hearing of the appli- cation to oppose or support the application, the Judge must 21 Part 2 r 31A Domestic Violence Rules 1996 Reprinted as at 28 October 2009 (3) (4) (5) (b) decide whether it is in the interests of justice to allow the per- son to be heard.
In deciding, for the purpose of subclause (2), whether to allow the person to be heard in relation to the application, the Judge must take into account the following matters: (a) any reason given by the person for failing to comply with rule 31; and the effect of the person’s failure to comply with rule 31 on— (i) (ii) The Judge may— (a) the other parties to the proceeding: the management of the proceeding.
allow the person to be heard in relation to the applica- tion on such terms as the Judge thinks fit; or decline to allow the person to be heard.
(b) If the Judge allows the person to be heard in relation to the application, the Judge may— (a) either— (i) (ii) proceed with the hearing of the application in accordance with any directions that the Judge thinks fit; or adjourn the hearing of the application and give any directions about the adjourned hearing that the Judge thinks fit; and (b) make an order against the person for costs properly in- curred in consequence of his or her failure to comply with rule 31.
(6) An adjournment under subclause (5)(a)(ii) must be to a fixed— (a) date, which must be— (i) (ii) as soon as practicable; and not more than 42 days after the date of adjourn- ment, unless special circumstances exist; and time; and place.

(b) (c) If the Judge declines to allow the person to be heard, the Judge may proceed with the hearing of the application as if the person had not appeared.

Rule 31A: inserted, on 3 August 2009, by rule 5 of the Domestic Violence Amendment Rules 2009 (SR 2009/189).
(7) 22 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Part 2 r 33 32 Notice of intention to appear in relation to temporary protection order or temporary property order (1) Where a temporary protection order or a temporary property order is made, any person (being the respondent or an associ- ated respondent or any other person who is entitled to do so under section 79(3) of the Act) may, at any time before the day on which the order, in so far as it relates to that person, becomes final in accordance with section 77 of the Act, file in the court and serve on the other party a notice of intention to appear in form DV 12.
(2) An affidavit setting out sufficient particulars to indicate the reasons for giving notice, and sufficient information to inform the court of the facts relied on, must be filed with the notice of intention to appear.

(3) On the filing of a notice of intention to appear in accordance with subclause (1), the Registrar must— (a) assign a hearing date in accordance with section 76(3) of the Act; and notify the parties accordingly.

(b) (4) Nothing in this rule limits section 60(4)(c) of the Act.
Compare: SR 1983/31 r 19 33 Temporary property orders made on application without notice (1) Where— (a) an occupation order or a tenancy order or a furniture order is made on an application without notice; and the court at the same time makes a temporary protection order; and a notice of intention to appear is filed in accordance with rule 32 in respect of both orders,— (b) (c) the hearing date assigned under section 76 of the Act in re- spect of the temporary property order must be the same as the hearing date assigned under that section in respect of the tem- porary protection order.
(2) Where— (a) an occupation order or a tenancy order is made on an application without notice while the applicant and re- spondent are living in the same dwellinghouse; and 23 Part 2 r 34 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 (c) (b) the court does not at the same time make a temporary protection order; and a notice of intention to appear is filed in accordance with rule 32 in respect of the occupation order or, as the case requires, the tenancy order before the order expires in accordance with section 60(4)(c) of the Act,— the hearing date assigned under section 76 of the Act in respect of the order must be a date not later than the seventh day after the date of the making of the order.
Compare: SR 1983/31 r 20 Issue of order where temporary order becomes final or is confirmed 34 (1) Registrar to issue order when temporary order becomes final or is confirmed Subject to subclause (3), where a temporary order becomes fi- nal (in whole or in part) by operation of law in accordance with section 77(1) of the Act, the Registrar must, without delay, issue a final order in the appropriate prescribed form confirm- ing that the temporary order has become final (in whole or in part) and setting out the terms and conditions of the final order.
(2) Where, pursuant to section 80(1)(c) of the Act, the court con- firms a temporary order (whether with or without variation), the Registrar must, without delay, issue a final order in the ap- propriate prescribed form setting out the terms and conditions of the order as confirmed (including the terms and conditions of the order to the extent that it has already become final).
(3) Where, in relation to a property order that is a temporary order, the court is satisfied that— (a) (b) (c) notice has been given to any person having an interest in the property affected by the order; and the person so notified has taken no steps in the proceed- ings; and the order has become final (in whole or in part) by op- eration of law in accordance with section 77(1) of the Act,— the court must direct the Registrar to issue, without delay, a final order in the appropriate prescribed form confirming that the order has become final (in whole or in part) and setting out 24 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Part 3 r 35 the terms and conditions of the final order, and the Registrar must comply with that direction.
(4) A Registrar may exercise the power of the court under sub- clause (3).
Part 3 Proceedings involving representatives Appointment of representative of minor under age of 17 35 (1) A next friend to a minor under the age of 17 years is deemed to have been duly appointed upon filing in the court— (a) an affidavit showing— (i) (ii) that he or she is not under disability; and that there is unlikely to be any conflict between his or her interests and the interests of the minor; and (2) (b) an undertaking to be responsible for costs awarded against the minor.
who consents in writing; and The court or the Registrar may appoint any person— (a) (b) who is not under disability; and (c) whose interests are unlikely to conflict with the interests of the minor— to be guardian ad litem of the minor under the age of 17 years for the purposes of taking proceedings under the Act on behalf of that minor.
(3) An order appointing a guardian ad litem under subclause (2) may be made, on an application on or without notice in form DV 6, by,— the proposed guardian; or (a) any party to the proceeding; or (b) (c) with the leave of the court, any other person;— but no such appointment may be made at any time during which the minor is represented in the proceeding by a next friend appointed pursuant to subclause (1).
Compare: SR 1992/109 rr 84, 85 Rule 35 heading: amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Rule 35(1): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

25 Part 3 r 36 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Rule 35(1)(a)(ii): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).
Rule 35(1)(b): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Rule 35(2): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Rule 35(2)(c): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Rule 35(3): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).
36 (1) Appointment of representative of persons lacking capacity The court or the Registrar may, in relation to a person to whom section 11 of the Act applies (including a person to whom that section applies by virtue of section 22(6) or section 48 or sec- tion 73 or section 92 of the Act), appoint any person— (a) (b) who is not under disability; and (c) whose interests are unlikely to conflict with the interests of the person to whom the application relates— to be guardian ad litem of that person for the purpose of taking proceedings under the Act.
who consents in writing; and (2) An order appointing a guardian ad litem under this rule may be made, on an application on or without notice in form DV 6, by,— (a) (b) (c) Compare: SR 1992/109 rr 84, 85, 94 the proposed guardian; or any party to the proceeding; or with the leave of the court, any other person.
Responsibility of guardian ad litem for costs A guardian ad litem appointed pursuant to rule 35(2) or rule 36 or pursuant to section 12 of the Act is responsible for any costs awarded in the proceeding against the represented person un- less the court or the Registrar, when appointing the guardian ad litem or on application made at any later time, orders that, having regard to the circumstances necessitating the appoint- ment, the guardian ad litem is not to be responsible for such costs.
Compare: SR 1992/109 r 85(3) 37 26 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Part 3 r 40 Recovery of costs by representative 38 (1) On the application of a representative, the court may order that any costs paid or incurred by the representative while acting as such (including solicitor and client costs) may be recovered by the representative from the represented person or from the represented person’s estate.
In any application under this rule, the represented person may be separately represented by a lawyer appointed for the pur- pose by the court.
Compare: SR 1992/109 r 86 (2) 39 Effect of service on person incapable of defending proceedings in own name Subject to the Act, where a proceeding is served upon a person who is not authorised by law to defend the proceeding in his or her own name, no further step may be taken in the proceed- ing until a representative or, as the case requires, a guardian ad litem has been appointed or other order made for the repre- sentation of the person.
Compare: SR 1992/109 rr 88, 95 Retirement, removal, or death of representative 40 (1) A representative may not retire,— (a) (b) without leave of the court; and unless the court otherwise orders, without giving secur- ity for the costs already incurred or any part of those costs, if such security is required by the opposite party.

(2) A representative may be removed by the court upon sufficient cause being shown.
(3) Where a representative is removed by the court, he or she may be ordered by the court to give security to the represented person or any opposite party for the costs (including the rep- resented person’s own costs) already incurred or any part of those costs.

Subject to section 12(5) of the Act and to rules 41 and 42, in case of the death, retirement, or removal of a representative, no further step may be taken in the proceeding until another person has been appointed as representative.
Compare: SR 1992/109 rr 87, 98 (4) 27 Part 3 r 41 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 (2) Effect of minor attaining age of 17 years 41 (1) Where a minor in relation to whom a representative has been appointed attains the age of 17 years, all subsequent steps must be carried on in the minor’s name.
If the minor continues to prosecute or defend the proceeding, he or she is liable for all costs of the proceeding (including solicitor and client costs) in the same manner as if he or she had commenced it or had become a party to it at a time when he or she was not a minor.

Compare: SR 1992/109 r 89 Rule 41 heading: amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).
Rule 41(1): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Rule 41(2): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).
42 Effect of ceasing to be incapacitated or unable to take proceedings (1) Where— (a) a representative has been appointed in relation to a per- son to whom section 11 of the Act applies, and the rep- resented person subsequently ceases to be a person to whom that section applies; or a representative has been appointed in relation to a per- son to whom section 12 of the Act applies, and the rep- resented person subsequently ceases to be a person to whom that section applies,— (b) then, subject to section 12(5) of the Act, all subsequent steps in the proceeding must be carried on in the represented person’s own name.
If the represented person continues to prosecute or defend the proceeding, he or she is liable for all the costs of the proceeding (including solicitor and client costs) in the same manner as if he or she had commenced it or had become a party to it when he or she was not a person to whom section 11 or, as the case requires, section 12 of the Act applied.
Compare: SR 1992/109 r 99 (2) 28 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Part 4 r 43 Part 4 Service General 43 (1) Service generally Except as otherwise provided by these rules, the Registrar must serve or cause to be served, without delay,— (a) (b) (c) (d) (e) (f) (g) (h) every application to which rule 15 applies and that is made on notice: every application to which rule 18 applies and that is made on notice: every application under section 46 of the Act (which relates to the variation of a protection order) that is made on notice: every application under section 47 of the Act (which relates to the discharge of a protection order) that is made on notice: every application under section 55 of the Act (which re- lates to variation and discharge of an occupation order) that is made on notice: every application under section 59 of the Act (which relates to discharge of a tenancy order) that is made on notice: every application under section 65 of the Act (which re- lates to variation and discharge of an ancillary furniture order) that is made on notice: every application under section 69 of the Act (which relates to variation and discharge of a furniture order) that is made on notice.
(2) (3) The Registrar may also in his or her discretion, and must on the direction of a Judge, serve or cause to be served any other document required for the purpose of any proceedings under the Act.

The Registrar may permit— (a) (b) (c) a lawyer for a party; or a lawyer acting as agent for that lawyer; or some person employed or engaged by a party or by either lawyer— 29 Part 4 r 44 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 to serve any application to which subclause (1) applies.
Compare: SR 1983/31 r 26 Address for service 44 (1) Address for service Subject to subclause (2) and to rule 45, each party must give an address for service in the first document filed by him or her, unless he or she has sooner given an address for service in accordance with that subclause.

(2) A party (other than the applicant) may give an address for ser- vice by filing in court a notice of that address and serving a copy on each other party to the proceedings.
(3) Any address for service may be changed by notifying the Registrar and each other party to the proceedings.

The provisions of this rule, so far as they are applicable and with any necessary modifications, apply to every person who is given or served with any notice or other document in the proceedings, in the same manner as they apply to a party to the proceedings.
Compare: SR 1983/31 r 27(1)–(3), (5) Residential address not required Subject to rule 22, a person— (a) who is a party to any proceedings relating, wholly or partly, to an application made, by or on behalf of that person, for a protection order or an order under Part 3 of the Act, or both; or (b) who is a party to an appeal against any determination of any court in any proceedings to which paragraph (a) applies; or who is a party to proceedings relating to, or arising out of, any proceedings in which a protection order, or an order under Part 3 of the Act, or both, are made in that person’s favour— (c) need not give his or her residential address on any document presented for filing in court in relation to those proceedings, but must provide an address for service in accordance with rule 44.
(4) 45 30 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Part 4 r 47 46 Modes of service Modes of service Except where the Act or these rules prescribe a particular or exclusive mode of service, service may be effected in any of the following ways: (a) (b) personal service: service at an address for service given in accordance with these rules: where an address for service of a party is the office of a lawyer, and that lawyer has a post office box address, a document exchange box number, or a facsimile num- ber,— (i) (c) by posting the document to the post office box address; or by leaving the document at a document exchange for direction to that document exchange box number; or by transmitting the document to that facsimile number.
(ii) (iii) Compare: SR 1983/31 r 27(4); SR 1992/109 r 214 47 Service by means of post office box, document exchange, or facsimile transmission (1) Where a document is served on a party or person in accordance with rule 46(c), that document,— (a) if posted to a post office box address, is deemed to have been duly served on the earlier of— (i) the fifth working day after the day on which it was so posted; or the day on which it was received; and (ii) if left at a document exchange, is deemed to have been duly served on the earlier of— (i) the second working day after the day on which it was so left; or the day on which it was received; and (ii) if transmitted to a facsimile number, is deemed, subject to subclauses (2) and (3), to have been duly served on the day on which it was so transmitted.
(b) (c) 31 Part 4 r 48 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 (2) Where a document is transmitted to a facsimile number after 5 pm on any day, then, subject to subclause (3), that document is deemed to have been duly served on the first working day after the day on which the document was received in a com- plete and legible condition.
(3) A document transmitted to a facsimile number is deemed to have been received in a complete and legible condition un- less,— (a) (b) the contrary is shown; and as soon as practicable after the transmission is con- cluded, the lawyer to whom the document was transmit- ted notifies the person who transmitted the document that the document was incomplete or illegible or both when it was received.
(4) Where a document is served under rule 46(c), the lawyer to whom the document was sent or transmitted must, on receiving the document, immediately give to the person by whom the document was served an acknowledgment, in writing or by facsimile transmission, that the document has been received and must include in that acknowledgment a statement of the date of service.
Compare: 1908 No 89 Schedule 2 r 206A; SR 1991/132 r 12; SR 1992/109 r 233 Giving of notices, etc Where the Act or these rules require a document, notice, or copy to be given to any person but does not prescribe the man- ner in which that is to be done, the document, notice, or copy may be given in any manner set out in rule 46, and the provi- sions of this Part apply with all necessary modifications.
Compare: SR 1983/31 r 27(4) Cases not provided for In any case not provided for by these rules, service may be effected or notice given in such manner and at such place as the court or the Registrar directs.
Compare: SR 1992/109 r 214(2) 48 49 32 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Part 4 r 52 Personal service 50 Personal service Personal service of a document may be effected by leaving the document with the person to be served, or, if that person does not accept it, by putting it down in that person’s presence and bringing it to his or her notice.
Compare: SR 1992/109 r 219 51 Who may undertake personal service (1) Every document required to be served personally may be served— (a) (b) by a bailiff; or by a constable, where— (i) (ii) no bailiff is available to serve the document; or the court or the Registrar considers it appropri- ate in the circumstances for the document to be served by a constable; or (2) 52 (1) (c) by a lawyer for a party or a lawyer acting as agent for that lawyer, or by some person employed or engaged by the party or by either lawyer.
Personal service may not be effected by a party to the proceed- ings, or by a representative, but the party or, where applicable, the representative may be present when service is effected.

Compare: SR 1983/31 r 28(2), (4) Rule 51(1)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Rule 51(1)(b)(ii): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Personal service of applications on notice Except as provided by rule 59, every document, being— (a) an application on notice for a protection order or a prop- erty order, or both; or an application on notice in form DV 7 or form DV 9; or a copy of an information sheet; or a notice to a respondent or associated respondent in form DV 10,— (b) (c) (d) required by the Act or these rules to be served on any person, must be served by personal service.
33 Part 4 r 53 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 (2) 53 (1) Service of every such document must be effected— (a) not less than 10 clear days before the day of hearing of the application, if service is effected in New Zealand; or not less than 21 clear days before the day of hearing of the application, if service is effected out of New Zealand.
(b) Compare: SR 1983/31 r 28(1), (3) Personal service of orders Subject to subclause (2), where— (a) an order is made (including a temporary protection order, a temporary property order, an ancillary order or other order made on an application without notice, or any order varying or discharging any order made under the Act); or the Registrar issues an order pursuant to rule 34,— (b) the Registrar must, without delay, take all reasonable steps to serve a copy of the order on the parties.
(2) Where a temporary protection order or a temporary property order is to be served pursuant to subclause (1), it must be ac- companied by— (a) (b) a copy of the relevant information sheet; and subject to subclause (3),— (i) (ii) a copy of the application for the order; and a copy of any accompanying affidavit.
(3) Where subclause (2) requires service of a temporary order on a party, a Judge may direct that 1 or more of the documents to which subclause (2)(b) applies must not be served with the temporary order, and that service of the document or docu- ments on that party— (a) be delayed for such period (not exceeding 5 days) after service of the temporary order as the Judge directs; or be served on that party in such manner as the Judge directs, including (without limitation) by making the document or documents available for collection by that party from a specified place,— (b) or both.
34 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Part 4 r 55 (4) Subject to subclause (5), service of an order in accordance with subclause (1) must be effected by personal service.
(5) Where for any reason service of an order on a party cannot be effected by personal service, service must be effected,— (a) (b) if the party is represented by a lawyer, by serving a copy of the order on the lawyer; or if the party is not represented by a lawyer, by sending a copy of the order by ordinary post addressed to that person at his or her address for service (if given), or otherwise to that person’s last known or usual place of abode or business in New Zealand, and rule 47(1)(a) applies accordingly with all necessary modifications; or by substituted service in accordance with rule 59.
(c) Compare: SR 1983/31 r 31 Extension of period for service 54 (1) Where— (a) (b) the court makes a temporary order; and the respondent or associated respondent has not been served with a copy of the order within the 3-month period specified in section 77(1) of the Act,— the court may, on its own motion or on application by a party, extend the period within which the order may be served in accordance with section 77(3) of the Act.
(2) A Registrar may exercise the power of the court to extend the period of service pursuant to section 77 of the Act.

55 Personal service on child Personal service on a child in proceedings under the Act must be effected by serving the document, in accordance with the applicable rule,— (a) on the child’s representative appointed under these rules; or if there is no such representative for the time being, on any adult person with whom the child resides and under whose care the child is.
(b) Compare: SR 1992/109 r 228 35 Part 4 r 56 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 56 57 58 Personal service on persons lacking capacity Personal service on a person on whose behalf proceedings have been brought by a representative pursuant to section 11 of the Act must be effected by serving the document, in ac- cordance with the applicable rule,— (a) on that person’s representative appointed under these rules; or if there is no such representative for the time being, on any adult person with whom the party resides or in whose care he or she is.
(b) Compare: SR 1992/109 r 228 Personal service on person to whom section 12 relates Personal service on a person in relation to whom a representa- tive is appointed under section 12 of the Act must be effected by serving the document, in accordance with the applicable rule, on the representative.
Lawyer accepting service Lawyer accepting service Where a lawyer represents that he or she is authorised to accept service of any document on behalf of any party, the document is deemed to have been served if the lawyer signs a note that he or she accepts service on behalf of that party.
Compare: SR 1992/109 r 236 Substituted service Substituted service 59 (1) Where for any sufficient reason service of any document, in- cluding any order, cannot be effected in the manner specified in relation to that document by these rules, the court may, on its own motion or on application, and on such terms and con- ditions as it considers appropriate, make an order— (a) giving leave for steps to be taken to bring the document to the knowledge of the person to be served by adver- tisement or in some other manner; or dispensing altogether with service.
(b) 36 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Part 4 r 60 (2) Where an order under subclause (1)(a) has been carried out, the steps taken may be called substituted service, and such service has the same effect as personal service.

(3) Where leave is given under this rule to bring the document to the knowledge of the person to be served by advertisement, the advertisement must be in form DV 13.

(4) A Registrar may exercise the powers of the court under this rule.
Compare: SR 1983/31 r 29 Proof of service Proof of service 60 (1) Where any bailiff or other officer of a court or any constable serves any document, service may be proved by showing the fact and the date and mode of service— (a) in an endorsement on the original document or a copy of it, which endorsement must be signed by the person who served the document; or in a certificate attached to the original document or a copy of it, which certificate must be signed by the per- son who served the document.
(b) (2) Without limiting subclause (1), where a document has been personally served, service may be proved— (a) (b) on oath before the court; or by an affidavit of service in form DV 14.

(3) Where service of a temporary protection order or a final pro- tection order is sought to be proved in a manner specified in subclause (1) or subclause (2)(b), the endorsement, or as the case may be, the certificate or affidavit must also state the time that service took place.
(4) Where substituted service is effected by advertisement, service may be proved by affidavit, which must— (a) show the names of the newspapers in which the adver- tisement is published and the respective dates of publi- cation; and have attached to it, as exhibits, extracts taken from those newspapers and showing those advertisements.
(b) Compare: SR 1983/31 rr 29(3), 30 37 Part 4 r 61 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Rule 60(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Notifications to Police Copies of orders to be sent to Police 61 (1) On the making of a temporary order or a final order under the Act (including any order varying or discharging an order made under the Act or any order made in substitution for any such order), the Registrar 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 a protection order is made available to a Dis- trict Commander in accordance with section 88(1) of the Act, the Registrar must ensure that a copy of the notice in form DV 5 that was filed with the application is also made avail- able, without delay, to the District Commander.
In addition to the ways specified in paragraphs (a), (b), and (d) of section 88(3) of the Act, a Registrar may make a copy of an order available by sending the copy by ordinary post addressed to the District Commander at the appropriate Police District Headquarters.
Compare: SR 1983/31 r 31(4) (3) 62 Information on service of certain orders to be communicated to Police (1) Any person who is required by section 89 of the Act to notify the constable in charge of a Police station of the service of a copy of a protection order, or a copy of any order varying a protection order, may give that notification orally in the first instance, but must confirm that notification in writing without delay.
(2) Where the person required to give such notice is an officer of the court, such notice may be communicated to the officer in charge in any of the ways set out in section 88(3) of the Act.

Section 62(1): amended, on 1 October 2008, pursuant to section 116(a)(v) of the Policing Act 2008 (2008 No 72).
38 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Part 5 r 64 Copy of order issued under rule 34 to be sent to Police 63 (1) Where a Registrar issues an order pursuant to rule 34, the Registrar must ensure that a copy of the order is made avail- able, without delay, to the District Commander at the appro- priate Police District Headquarters.

The copy of the order may be made available in any of the ways set out in section 88(3) of the Act or in the way permitted by rule 61(3).
(2) Part 5 Applications and directions in the course of proceedings General procedure 64 (1) Where the Act or these rules expressly or impliedly authorise any application in the course of proceedings, or any applica- tion relating to any intended proceedings, to be made to the court, a Judge, or a Registrar, then, subject to the provisions of the particular section of the Act or the particular rule applic- able to the application, the following provisions apply: (a) the application may be made either in court or in cham- bers and either on an application without notice or on notice: if the application is made without notice, it must be in form DV 8: if the application is made on notice, it must be filed in court and served on the opposite party not later than 3 clear days before the time appointed for the hearing of the application, unless the Judge or Registrar dispenses with notice or gives leave for shorter notice: no affidavit need be filed with the application in the first instance, but the Judge or Registrar may direct evidence to be given in such manner as the Judge or Registrar thinks fit: on the hearing of the application, the Judge or Registrar may make such order as he or she considers appropriate: if the Registrar has power to hear and determine the ap- plication, the applicant must, unless a Judge otherwise (b) (c) (d) (e) (f) 39 Part 5 r 65 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 orders, make the application to the Registrar in the first instance: (h) (g) where the application is made to the Registrar, he or she may, if in doubt as to the proper order to be made, refer the application to a Judge immediately or at the next convenient opportunity, and the Judge may hear the application and make such order as the Judge considers appropriate: the costs of any interlocutory application— are in the discretion of the court; and (i) if allowed, are costs in the proceedings, unless (ii) the Judge or Registrar otherwise orders: where the Registrar has made an order to which this rule
 applies,— (i) (i) any party who is dissatisfied with the order may apply to a Judge on notice to vary or rescind the order; and on hearing the application, the Judge may vary or rescind the order and may make such order as he or she considers appropriate: (ii) (j) (k) the application need not be heard by the Judge before whom other applications in the same proceedings are pending: if the Registrar is satisfied that, by reason of the absence of a Judge, any application can be more expeditiously heard and determined in some other court, the Registrar may, of his or her own motion or on the request of either party, order that the application be transferred for hear- ing to that court, and the provisions of rule 82 apply to the transfer.
The jurisdiction of the court to hear any interlocutory applica- tion may be exercised by the Registrar, unless there is provi- sion to the contrary in the Act or these rules.
Compare: SR 1983/31 r 36 Interlocutory applications without notice An order may be made under rule 64 on an application without notice where the court is satisfied that one of the grounds set (2) 65 40 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Part 6 r 68 out in rule 14(1) for making an application without notice is established.
Compare: SR 1983/31 r 37 66 (1) Enlargement or abridgement of time Subject to the Act and these rules, any of the times fixed by these rules for— (a) (b) (c) may be enlarged or abridged by consent of both parties or by the court on the application of either party.

taking any steps in any proceedings; or filing any document; or giving or serving any notice— (2) An order enlarging time may be made even though the appli- cation for the order is not made until after the expiration of time allowed or appointed.
(3) An order enlarging or abridging time may be varied by the court on the application of either party.

(4) No order enlarging time may be made where it appears that the application for the order was made with the principal object of delaying the proceedings to the detriment of the other party.
Compare: SR 1983/31 r 38 Part 6 Amendment 67 (1) (2) 68 Amendment before service The Registrar may, on the written request of the applicant at any time before the service of the application, amend any ap- plication.

The Registrar may, on the written request of the objector at any time before service of the objection, amend any objection made pursuant to section 36 of the Act.
Compare: SR 1983/31 r 32 Amending proceedings The court may, either on or without the application of either party and at any stage of the proceedings,— 41 Part 6 r 69 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 (a) (b) amend any defect or error in any proceedings, whether the defect or error is that of the party applying to amend or not: amend the name, address, or occupation of either of the parties as set out in any document in the proceedings: (c) make any other amendment that may be necessary for the purpose of determining the real question in dispute between the parties;— and the proceedings continue in all respects as if they had been commenced in the form in which they appear after the amend- ment has been made.
Compare: SR 1983/31 r 33 Amendment of application or notice of defence 69 (1) An applicant may file and serve an amended application, and a respondent or an associated respondent may file and serve an amended notice of defence,— (a) without the leave of the court, at any time before the application has been set down for hearing; or (b) with the leave of the court, at any time after the applica- tion has been set down for hearing or where no hearing is required.
(2) When an application or a notice of defence is amended, the court may, at the hearing, adjourn the hearing for such time and on such terms as may be just.

This rule, so far as applicable and with all necessary modifi- cations, applies in relation to a notice of intention to appear.
Compare: SR 1983/31 r 34 (3) Clerical mistakes and slips The court or a Registrar may at any time correct— (a) (b) clerical mistakes in judgments or orders: errors in judgments or orders, where the errors arise from any accidental slip or omission.
Compare: SR 1983/31 r 35 70 42 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Part 7 r 72 Part 7 Conferences Power of Judge to call conference For the purpose of ensuring that any application under the Act may be determined in a just, expeditious, and economical man- ner, a Judge may at any time, either on the application of either party or their lawyer or without such application, on such terms as the Judge thinks fit, direct the holding of a conference of— (a) (b) The Judge must preside over the conference and may adjourn the conference from time to time and from place to place.
parties; or the lawyers representing the parties.

71 (1) (2) (3) Where the conference is held pursuant to subclause (1)(a), the lawyer representing any party may attend either in the place of the party or with the party.

(4) Where the conference is held pursuant to subclause (1)(b), any party who is not represented by a lawyer may attend the con- ference.
Compare: SR 1988/46 r 11 Orders and directions 72 (1) At any conference held pursuant to rule 71, the Judge presiding may make such orders and give such directions as appear best adapted— (a) to ensure that the object of the Act (as set out in section 5 of the Act) is attained; and to secure the just, expeditious, and economical disposal of the application under the Act.
(b) (2) Without limiting the generality of subclause (1), the Judge may— (a) (b) (c) settle the issues to be determined: direct by whom and within what time any affidavit or other document must be filed: require any party to make admissions in respect of ques- tions of fact, and, if that party refuses or fails to make an admission in respect of any such question, require that party (subject to the direction of the Judge hearing the 43 Part 7 r 73 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 (d) (e) application) to bear the costs of proving that question at the hearing: abridge, extend, or fix a time for the filing of any docu- ment or the doing of any other thing: require further or better particulars of any facts or other circumstances connected with the application: fix a time and place for the hearing of the proceedings: give such consequential directions as may be necessary.
(f) (g) Compare: SR 1988/46 r 12 Non-compliance with order If any party fails to comply with an order made under rule 72, the following provisions apply: (a) if the party failing to comply with the order is the ap- plicant, the court may order the proceedings to be dis- missed or stayed until the order is complied with: if the party failing to comply with the order is not the applicant, the court may order that the party be allowed to defend or to appear at the hearing only on such terms as the court considers appropriate: the failure may be taken into account by the court in exercising its power to make an order as to costs.
(b) (c) Compare: SR 1988/46 r 13 Part 8 Evidence Order for production of documents The court may at any stage of the proceedings order the pro- duction by any party of any documents in his or her possession, custody, or power relating to any question in the proceedings, and the court may deal with the documents when produced in such manner as may be just.
If any party fails to comply with an order made under sub- clause (1), the following provisions apply: (a) if the party failing to comply with the order is the ap- plicant, the court may order the proceedings to be dis- missed or stayed until the order is complied with: 73 74 (1) (2) 44 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Part 9 r 78 (b) if the party failing to comply with the order is not the applicant, the court may order that the party be allowed to defend or to appear at the hearing only on such terms as the court considers appropriate.
Compare: SR 1983/31 r 39 Powers of Judge or Registrar not suspended by examination of witnesses out of court The fact that any examination is pending under rule 378 of the District Courts Rules, as applied to proceedings to which these rules apply, does not suspend or prevent the exercise by any Judge or Registrar of any power or jurisdiction that he or she would otherwise possess in respect of the application.
Compare: SR 1983/31 r 40 Taking evidence outside New Zealand Where in any proceedings under the Act, the evidence of any person is to be taken outside New Zealand, that evidence may be taken in accordance with the rules of the High Court for the time being governing the examination of witnesses out of New Zealand.

Compare: SR 1983/31 r 41 Summons to attend before court Any summons issued pursuant to section 82 of the Act must be in form DV 15.
Part 9 Transfer of proceedings or hearing Transfer of proceedings A court or Registrar may order that any proceedings in that court be transferred to another court if the court or, as the case requires, the Registrar is satisfied that the proceedings can be more conveniently or fairly dealt with in that other court.
Compare: SR 1983/31 r 22 75 76 77 78 45 Part 9 r 79 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 79 Transfer of hearing A court or Registrar may order that the hearing of any appli- cation filed in that court be transferred to another court if the court or, as the case requires, the Registrar is satisfied that the application can be more conveniently or fairly heard in that other court.
Compare: SR 1983/31 r 23 Transfer with or without application 80 (1) A court or Registrar may order a transfer pursuant to rule 78 or rule 79— (a) (b) on the court’s or, as the case requires, the Registrar’s own motion; or on the application of any party on not less than 3 days’ notice.
(2) Where a Registrar declines an application to transfer any pro- ceedings or hearing, the applicant may ask the court to review that decision; and in that case the court may make such deci- sion on the application as it thinks fit.

(3) Where an order is made for transfer of any proceedings or hearing,— (a) (b) the order must be endorsed on the application; and the Registrar must cause notice of the transfer to be given to all parties.
Compare: SR 1983/31 r 24 Procedure on transfer of proceedings 81 (1) Where an order is made under rule 78 for the transfer of any proceedings,— (a) the Registrar of the court in which the order is made must send to the Registrar of the other court all the docu- ments in his or her custody relating to the proceedings; and the Registrar of the court to which the proceedings are transferred must enter the proceedings in the records of that court.
(b) (2) On transfer, the proceedings continue as if they were originally filed in the court to which they have been transferred.

46 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Part 9 r 82 (3) [Revoked] Compare: SR 1981/261 r 37; SR 1983/31 r 25 Rule 81(3): revoked, on 21 October 2002, by rule 4 of the Domestic Violence Amendment Rules (No 2) 2002 (SR 2002/260).
Procedure on transfer of hearing 82 (1) Where an order is made under rule 79 for the transfer of a hearing,— (a) the Registrar of the court in which the application is pending must— (i) send to the Registrar of the other court all the documents in his or her custody relating to the proceedings; and note the records of the court accordingly; and (ii) the Registrar of the court in which the proceedings are to be heard must make an appropriate entry in the records of the court.
(b) (2) For the purposes of the hearing, the application must be dealt with as if it had been filed in the court of hearing.
(3) When the hearing is concluded,— (a) (b) the Registrar of the court of hearing must return all the documents relating to the proceedings, including every order that has been made in those proceedings, to the Registrar of the court from which the documents were sent; and the Registrar to whom the documents are returned must— (i) record every order made in the proceedings in the records of the court; and take such steps (if any) required by rule 53 to serve a copy of every order on the parties.
(ii) Compare: SR 1981/261 r 37; SR 1983/31 r 25 47 Part 10 r 83 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Part 10 Proceedings relating to attendance at programmes Notice of objection 83 (1) A notice of objection given under section 36 of the Act must be in form DV 26.
(a) (b) (2) Where a notice of objection is received, the Registrar must,— arrange for a copy of the notice to be served on the applicant for the protection order; and advise the applicant that he or she may make written submissions in relation to the objection, and that any such submissions must be received within 5 clear days of service of the notice on the applicant; and where the objector wishes to be heard, advise the appli- cant that he or she is entitled to appear and be heard in the matter, either in person or by his or her lawyer.
(c) How notice of objection to be dealt with 84 (1) A Registrar may exercise the powers of the court under sec- tion 37 of the Act, except that a Registrar may not discharge a direction.

(2) Where the objector seeks the discharge of the direction, or in any case where the Registrar considers that the discharge of a direction may be appropriate, the Registrar must refer the objection to a Judge at the next convenient opportunity.
(3) Where the objector does not wish to be heard, then, subject to subclause (1), the objection may be dealt with on the papers.

(4) Where— (a) (b) the objector wishes to be heard; or the court or a Registrar considers that a hearing is ne- cessary,— the Registrar must assign a hearing date in accordance with section 36(3) of the Act.
The objector,— (a) may make written submissions in respect of the objec- tion: (b) where a hearing is required, may appear and be heard, either in person or by his or her lawyer.
(5) 48 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Part 11 r 90 85 86 87 88 89 90 Notice of result of objection Where a decision on an objection is made pursuant to section 37(1) of the Act (whether on the papers in accordance with rule 84(3) or after a hearing), the Registrar must, as soon as practicable,— (a) (b) cause the decision to be drawn up in form DV 27; and arrange for a copy of the decision to be served on the parties.
Request by provider for variation of programme A request made under section 41 of the Act must be in form DV 28.

Decision of court under section 42 Rule 85 applies, with any necessary modifications, in relation to a decision of the court pursuant to section 42 of the Act.

Summons to attend before court Where, pursuant to section 42 of the Act, the court calls the respondent or the associated respondent before the court, the summons must be in form DV 15.
Part 11 Enforcement of property orders Enforcement of occupation and tenancy orders Rules 626 and 627 of the District Courts Rules apply in rela- tion to the enforcement of an occupation order or a tenancy order.

Enforcement of ancillary furniture orders and furniture orders Rule 622 of the District Courts Rules applies in relation to the enforcement of an ancillary furniture order or a furniture order.
49 Part 12 r 91 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 91 Part 12 Registration of foreign protection orders Registration of foreign protection orders Where a certified copy of a foreign protection order is regis- tered pursuant to section 97 of the Act, the Registrar must— enter the particulars of the order in the Family Proceed- (a) ings Records in the same manner as if the order had been made by the District Court in which the order is regis- tered; and add to that entry and on all copies of the order the words “Registered in the District Court at [place of registra- tion] on [date of registration] pursuant to section 97 of the Domestic Violence Act 1995”.
(b) Compare: SR 1981/261 r 60 Rule 91(a): amended, on 21 October 2002, by rule 5 of the Domestic Violence Amendment Rules (No 2) 2002 (SR 2002/260).

92 (1) (2) Notice of registration of foreign protection orders The Registrar of the court in which an order is registered pur- suant to section 97 of the Act must cause notice of the regis- tration in form DV 29 to be served on the respondent.
Failure to serve such a notice does not affect the validity of the registration or any proceedings relating to the order.

Compare: SR 1981/261 r 61 Notice to be given to foreign court or authority 93 (1) Where a foreign protection order is registered pursuant to sec- tion 97 of the Act, the Registrar must cause a copy of the notice of registration to be sent as soon as practicable to the court or the appropriate authority in the country in which the order was made.
(2) Where, pursuant to section 99(c) of the Act, a court makes an order varying a foreign protection order, the Registrar must cause a copy of the order varying the foreign protection order to be sent as soon as practicable to the court or the appropriate authority in the country in which the foreign protection order was made.
50 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Part 13 r 95 (3) Where, pursuant to section 101 of the Act, the registration of a foreign protection order is cancelled, the Registrar must cause notice of the cancellation to be sent as soon as practicable to the court or the appropriate authority in the country in which the order was made.
(4) Where this rule requires a notice or a copy of a notice or of an order to be sent,— (a) the notice or copy may, in the first instance, be sent by means of electronic transmission (whether by way of facsimile transmission, electronic mail, or other similar means of communication): (b) whether or not the notice or copy is sent by electronic transmission, the notice or copy must also be sent, in documentary form, by airmail or in such other manner as is appropriate in the circumstances.
Part 13 Records 94 (1) Records The Registrar of every District Court must enter in the Family Proceedings Records a record of each application made under the Act, and of the decision on the application.

(2) A minute of the decision on each application must be endorsed on that application, and must be signed and dated by the Judge or Registrar making the order.
Compare: SR 1983/31 r 7 95 (1) Searches Subject to subclause (2), rule 69 of the District Courts Rules applies to the search of the records of and the documents filed in the District Court in relation to any proceedings under the Act.
(2) Where, pursuant to rule 22, an applicant has advised the court that he or she wishes his or her residential address to be kept confidential, no document that discloses that address may be searched, inspected, or copied pursuant to rule 69 of the Dis- trict Courts Rules unless the court otherwise directs.
Compare: SR 1983/31 r 8 51 Part 13 r 96 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 96 (1) (2) Transfer of information to criminal court In this rule, the term domestic violence offence means an of- fence against any enactment (other than the Act) in any case where— (a) the offence is committed— (i) (ii) by a person against whom a protection order is in force, or in respect of whom proceedings on an application for a protection order are pending, at the time the offence is committed; and against any person who is a protected person (within the meaning of the Act) under that pro- tection order, or whom that application seeks to make a protected person, as the case may be; and the offence consists of or includes conduct that is do- mestic violence.
(b) This rule applies where,— (a) in any criminal proceedings for a domestic violence of- fence, there is reason to believe that the defendant in those proceedings is or has been a party to any proceed- ings under the Act (in this rule referred to as the civil proceedings) for a protection order or a property order, or both; and information relating to the civil proceedings may be relevant for the purposes of those criminal proceedings, including (without limitation) for the purposes of as- sisting in the preparation of a probation officer’s report under section 26 of the Sentencing Act 2002.
(b) (3) Where this rule applies, the court dealing with the criminal proceedings, or a Registrar of that court, may request the Registrar of the court in which the civil proceedings are being, or have been, dealt with to supply,— (a) information about the current status of the civil proceed- ings: a copy of any order made in the civil proceedings.
(b) (4) A Registrar to whom a request is made pursuant to subclause (3) must, without delay, provide to the requesting court or Registrar as much of the information requested as the re- quested Registrar has available to him or her.

52 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Part 14 r 98 Rule 96(2)(b): amended, on 30 June 2002, by rule 3 of the Domestic Violence Amendment Rules 2002 (SR 2002/185).
Part 14 Miscellaneous provisions 97 (1) (2) Court and chambers The court may, for the purpose of doing justice between the parties and any other persons likely to be affected by the pro- ceedings, from time to time adjourn the hearing of any pro- ceedings from court to chambers and from chambers to court.
In any proceedings in which the court is required, or desires, to ascertain the wishes of any child, it may— (a) order that any party to the proceedings and the persons representing any party or the child be excluded from the hearing for so long as may be necessary to ascertain the wishes of the child; or direct when and where the court will ascertain the child’s wishes.
(b) Compare: SR 1981/261 r 71(2); SR 1983/31 r 42 Powers of Registrar 98 (1) Where the Registrar is authorised under these rules to hear and determine any proceedings or to exercise any other jurisdic- tion, the Registrar has, within the limits of that authority and subject to any right of review by a Judge under these rules, all the powers of a Judge.

(2) Any order made by the Registrar under these rules has the same effect, and is enforceable in the same manner, as if it were an order of a Judge.
(3) Nothing in this rule authorises a Registrar to commit any per- son to a prison or to enforce any order by committal.

(4) Any order made by a Judge may be signed by the Registrar in his or her own name and description.

Compare: SR 1983/31 r 43 Rule 98(3): amended, on 1 June 2005, by section 207 of the Corrections Act 2004 (2004 No 50).
53 Part 14 r 99 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 99 Witness entitled to expenses (1) Subject to subclauses (2) and (3),— (a) every witness attending a court upon a witness sum- mons; and every other person giving evidence in the course of the proceedings— (b) is entitled as against the party calling him or her to a sum for fees, allowances, and travelling expenses in accordance with the Witnesses and Interpreters Fees Regulations 1974 (SR 1974/124).
The court may, on application, disallow the whole or any part of that sum.

(2) (3) Nothing in this rule applies in relation to a person attending a court upon a summons issued under section 82 of the Act (including persons to whom that section applies by virtue of section 42 or section 78(5) of the Act).

(4) Nothing in subclause (3) limits regulation 3 of the Domestic Violence (General) Regulations 1996.
Compare: SR 1983/31 r 44 100 Revocation The Domestic Protection Rules 1983 (SR 1983/31) are hereby revoked.
101 Transitional provisions (1) Subject to section 133 of the Act and to subclauses (2) to (4), all officers, appointments, records, accounts, books, seals, certificates, requests, applications, summonses, notices, docu- ments, warrants, judgments, orders, decisions, directions, ap- peals, and generally all acts of authority that originated under any of the provisions of the Domestic Protection Rules 1983 and are subsisting or in force at the commencement of these rules enure for the purposes of these rules as if they had ori- ginated under the corresponding provisions of these rules, and accordingly are, where necessary, regarded as having so ori- ginated.
Subject to section 133 of the Act, all proceedings in any court under or pursuant to any of the provisions of the Domestic Pro- (2) 54 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Part 14 r 101 tection Act 1982 and that have not been determined or com- pleted before the commencement of these rules may be con- tinued, completed, and enforced under these rules, and accord- ingly these rules, so far as practicable, apply to those proceed- ings.
(4) (3) Where it is not practicable for any provision of these rules to be applied to any proceedings to which subclause (2) applies, the Domestic Protection Rules 1983, to such extent as may be necessary, continue to apply to those proceedings.
If, in any proceedings to which subclause (2) applies, any question arises as to the application of any provision of these rules or of the Domestic Protection Rules 1983, the court or the Registrar may, upon or without an application of any party to the proceedings, determine the question and make such order as the court or Registrar considers appropriate.
Compare: SR 1983/31 r 47 55 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Schedule 1 Forms Contents DV 1 General heading DV 2 Application for protection order/property orders DV 3 Affidavit in support of application for protection order/property orders DV 4 Notice of residential address and request for DV 5 confidentiality Information for Police where application made for protection order DV 6 Application for appointment as representative DV 7 Application on notice DV 8 Application without notice DV 9 Application for modification, discharge, or imposition of standard condition relating to weapons DV 10 Notice to respondent or associated respondent DV 11 Notice of defence DV 12 Notice of intention to appear DV 13 Notice by advertisement DV 14 Affidavit of service DV 15 Summons to appear as witness/appear before court DV 16 Temporary protection order DV 17 Protection order DV 18 Temporary occupation order DV 19 Occupation order DV 20 Temporary tenancy order DV 21 Tenancy order DV 22 Temporary ancillary furniture order DV 23 Ancillary furniture order DV 24 Temporary furniture order DV 25 Furniture order DV 26 Objection to direction to attend programme DV 27 Notice of result of objection to direction to attend programme r 9 Page 57 58 63 71 72 75 80 83 85 87 89 91 93 94 96 98 108 117 122 125 129 132 138 142 147 151 153 DV 28 Request by programme provider for variation of direction 155 to attend programme DV 29 Notice of registration of foreign protection order 156 56 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 1 General heading (Where not otherwise provided in these rules) r 12(1) No: In the District Court at [place] Applicant: [give full name, *address, and occupation] Respondent: [give full name, address, and occupation] *Associated respondent: [give full name, address, and occupation] *Delete or omit if inapplicable.
Note Rules 22 and 45 of the Domestic Violence Rules 1996 permit the ap- plicant’s residential address to be omitted from this heading if he/she wants the address to be kept confidential from the respondent or as- sociated respondent.
57 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form DV 2 Application for protection order/property orders Section 7 (or section 52 or section 56 or section 62 or section 66), Domestic Violence Act 1995 r 15(1) Applicant: [full name] Respondent: [full name] *Associated respondent: [full name] *Application for protection order I, [full name], apply (*without notice) for a protection order against [full name], the respondent.
*Request for direction to protect specified persons Note: A protection order automatically protects children of the ap- plicant’s family.

I also seek a direction that the protection order apply for the benefit of [full name].

*Request for protection from respondent’s associates I also seek a direction that the protection order apply against [full name], the associated respondent.
*Request for special conditions I request that the following special conditions be part of the protec- tion order: [set out in sufficient detail the nature of the special con- ditions sought, eg a condition specifying a person who, for the pur- poses of sections 19(2), 20, and 28, is entitled to consent on behalf of a protected person].
*Request for direction relating to standard condition relating to weapons This request may be made only where the application is on notice I seek— *(a) a direction that the standard condition relating to weapons not be a condition of the protection order; or *(b) modification of the terms of the standard condition relating to weapons, as follows: [specify the modifications sought].
58 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 2—continued *Request for provision of programme I request the Registrar to authorise the provision of a programme to the following person(s): [full name(s)].

*Application for occupation order/tenancy order *I apply (*without notice) for an occupation order granting me the right to personally occupy the dwellinghouse situated at [full address] (*for a period of ........... [state if order sought for specific period]).
*I request that the occupation order be made on the following terms and conditions: [specify any terms and conditions sought].

*I apply (*without notice) for a tenancy order vesting in me the ten- ancy of the dwellinghouse situated at [full address].
*Application for ancillary furniture order I apply for an ancillary furniture order granting me the possession and use of— *(a) all of the furniture, household appliances, and household ef- fects in the dwellinghouse situated at [full address]; or the following furniture, household appliances, and household effects in the dwellinghouse situated at [full address]: [specify the items.
It is not necessary to specify every item as long as the items in respect of which the application is made are readily ascertainable]— *(b) *for a period of .......... [state if order sought for a specific period].

*I request that the ancillary furniture order be made on the following terms and conditions: [specify any terms and conditions sought].
*Application for furniture order I apply (*without notice) for a furniture order granting me the pos- session and use of— *(a) all of the furniture, household appliances, and household ef- fects in the dwellinghouse situated at [full address]; or the following furniture, household appliances, and household effects in the dwellinghouse situated at [full address]: [specify It is not necessary to specify every item as long the items.
*(b) 59 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form DV 2—continued as the items in respect of which the application is made are readily ascertainable]— *for a period of .......... [state if order sought for a specific period].

*I request that the furniture order be made on the following terms and conditions: [specify any terms and conditions sought].
Affidavit in support I rely on the content of the affidavit dated [specify date] filed in sup- port of *this application/*these applications.
*Previous proceedings The parties to this application were (*the parties) (*some of the par- ties) to a previous application— *(a) under the Domestic Violence Act 1995; or *(b) under [specify previous enactment corresponding to Domestic Violence Act 1995]; or *(c) to which the Family Proceedings Rules 1981 apply,— and that previous application was filed in a court other than the court in which this application is filed.

*The file number of that previous application is [specify].
or *[State other information that may assist in identifying the file].

*The previous application was filed in the [name of court] Court at [place] *I request that all documents relating to the previous application be transferred to the court in which this application is filed.
Signature of applicant: Date: 60 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 2—continued *Certificate of lawyer Complete if applying without notice for a protection order or a prop- erty order, or both, and the application is not intended to be made by the applicant in person.
I certify— (a) that I have advised the applicant that every affidavit that ac- companies this application must fully and frankly disclose all relevant circumstances, whether or not they are advantageous to the applicant and any other person for whose benefit the order is sought; and that I have made reasonable enquiries of the applicant to estab- lish whether the relevant circumstances have been disclosed, and to the best of my knowledge every affidavit filed in sup- port of this application discloses all such circumstances; and that I am satisfied— (i) that the application and every such affidavit comply with the requirements of the Domestic Violence Act 1995 and the Domestic Violence Rules 1996; and that (*the order sought is one that ought to be made) (*that the orders sought are orders that ought to be made).
(ii) (b) (c) Lawyer for applicant: Date: *Date of hearing The Registrar is to complete the following appointment for hearing— (a) (b) if the application is made on notice; or if, in the case of an application without notice, an appearance is necessary or required.

I appoint [date] at ...... am (pm) at the District Court at [place] for the hearing of *this application/*these applications.
61 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form DV 2—continued Registrar: Date: *Delete or omit if inapplicable.

Notes Advice If you need help, consult a lawyer or contact a District Court office immediately.

Office hours The office of the District Court is open from ...... to ...... on Mondays to Fridays inclusive.

Information sheet A completed information sheet (form FP 7) must accompany this application.
An applicant may request that his/her residential address be kept confidential.

See rule 22 of the Domestic Violence Rules 1996.

Affidavit in support An affidavit in form DV 3 must be filed with this application.

Notice to Police If applying for a protection order, a notice in form DV 5 must be filed with this application.
Application may be made on behalf of another person A person may be appointed by the court to make this application on behalf of another person (including a minor under the age of 17 years).

See sections 9, 11, 12, and 73 of the Domestic Violence Act 1995.

Schedule 1 form DV 2: amended, on 26 April 2005, by section 12 of the Rela- tionships (Statutory References) Act 2005 (2005 No 3).

Schedule 1 form DV 2: amended, on 1 March 1997, by rule 3 of the Domestic Violence Amendment Rules 1997 (SR 1997/10).
62 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 3 Affidavit in support of application for protection order/property orders Domestic Violence Act 1995 r 21 Applicant: [full name] Respondent: [full name] *Associated respondent: [full name] I, [full name], of *[place of residence], [occupation], *swear/*affirm: 1 2 I am the applicant in these proceedings.

I (*am) (*have been) in a domestic relationship with [full name], the respondent.
The nature of my domestic relationship with the respondent is as follows: [state sufficient facts to indicate the nature of the domestic relationship with the respondent (ie, whether a pre- sent or former spouse or partner, family or household mem- ber, a close personal relationship), and its duration (if applic- able)].
3 *Facts in support of application for protection order Complete paragraphs 4–16 (where applicable) if applying for pro- tection order *Facts relating to the respondent *4 The respondent has used domestic violence against (*me) (*a child of my family) as follows: [state sufficient facts to indi- cate the nature and history of the domestic violence, includ- ing— (a) an outline of the current situation or most recent inci- dent: an outline of any behaviour that forms part of a pattern of behaviour from which protection is needed: details of any contact with Police, visits to a doctor or hospital].
(b) (c) The respondent— *(a) holds a firearms licence: *(b) possesses, or has under his/her control, weapons (as de- fined in the Domestic Violence Act 1995).

*5 or 63 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form DV 3—continued *5 or *5 The respondent does not— *(a) hold a firearms licence: *(b) possess, or have under his/her control, weapons (as de- fined in the Domestic Violence Act 1995).
I do not know whether the respondent— *(a) holds a firearms licence: *(b) possesses, or has under his/her control, weapons (as de- fined in the Domestic Violence Act 1995).

Note: The Domestic Violence Act 1995 defines a weapon as any firearm, airgun, pistol, restricted weapon, ammunition, or explosive, as those terms are defined in the Arms Act 1983.
*Facts relating to special conditions Complete paragraph 6 if applying for special conditions *6 The special conditions that I have requested be part of the pro- tection order are necessary (*to protect me) (*to protect [state the names of the persons who would be protected by the pro- tection order sought]) from further domestic violence, for the following reasons: [state sufficient facts to show why the spe- cial conditions are necessary for the protection of the appli- cant or others who will be covered by the protection order].
*Facts relating to other person to be protected by protection order Complete paragraphs 7–12 if seeking a direction that the order pro- tect another person.

The order will automatically protect children of the applicant’s family.

*7 I have a domestic relationship with [full name of other person for whom protection from domestic violence is sought].
The nature of my domestic relationship with [full name] is as follows: [state sufficient facts to indicate the nature of the domestic relationship (ie, whether a spouse or partner, family or household member, a close personal relationship)]).
The respondent *is engaging/*has engaged in behaviour against [full name] that would amount to domestic violence *8 *9 64 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 3—continued against *him/*her if the respondent and *he/*she were in a domestic relationship, as follows: [state sufficient facts to indicate the nature and history of the respondent’s behaviour towards the person].
*11 *10 The respondent’s behaviour is due, in whole or in part, to my relationship with [full name]: [state sufficient facts to indicate the reasons for this belief].

It is necessary for the protection of [full name] that a direction be made that the protection order apply to *him/*her: [state sufficient facts to indicate the reasons for this belief].

[Full name] consents to the direction being made: [attach writ- ten consent if available, or indicate reasons for believing that the person consents].
*12 or *12 It is not practicable for [full name] to consent to the direction being made, for the following reasons: [state why consent has not been obtained].
*Facts relating to associated respondent Complete paragraphs 13–15 if seeking direction that order apply to associated respondent *13 The respondent *is encouraging/*has encouraged [full name], the associated respondent, to engage in behaviour against (*me) (*a child of my family) (*the person referred to in para- graph 7) that would amount to domestic violence if engaged in by the respondent: [state sufficient facts to indicate the way in which the respondent is encouraging/has encouraged the associated respondent’s behaviour].
*14 The associated respondent has engaged in the behaviour set out in paragraph 13, as follows: [state sufficient facts to in- dicate the nature and history of the associated respondent’s behaviour, including— (a) an outline of the current situation or most recent inci- dent: an outline of any behaviour that forms part of a pattern of behaviour from which protection is needed: (b) 65 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form DV 3—continued (c) details of any contact with Police, visits to a doctor or hospital].
*15 The associated respondent— *(a) holds a firearms licence: *(b) possesses, or has under his/her control, weapons (as de- fined in the Domestic Violence Act 1995).

or *15 The associated respondent does not— *(a) hold a firearms licence: *(b) possess, or have under his/her control, weapons (as de- fined in the Domestic Violence Act 1995).
or *15 I do not know whether the associated respondent— *(a) holds a firearms licence: *(b) possesses, or has under his/her control, weapons (as de- fined in the Domestic Violence Act 1995).

Note: The Domestic Violence Act 1995 defines a weapon as any firearm, airgun, pistol, restricted weapon, ammunition, or explosive, as those terms are defined in the Arms Act 1983.
*Facts in support of application for protection order without notice Complete paragraph 16 if applying for a protection order without notice to the respondent *16 The application for a protection order is being made without notice to the respondent (*and associated respondent) because the delay that would be caused by proceeding on notice would or might entail— *(a) a risk of harm; or *(b) undue hardship— to (*me) (*a child of my family) (*both me and a child of my family), as follows: [state sufficient facts to indicate the reasons for these statements].
66 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 3—continued *Facts in support of application for occupation order Complete paragraphs 17–19 (where applicable) if applying for oc- cupation order *17 (*I (*own) (*have a legal interest in)) (*The respondent (*owns) (*has a legal interest in)) the dwellinghouse at [full address].

[State nature of legal interest if the property is not owned by either party].
*18 The making of an occupation order is (*necessary for my pro- tection) (*in the best interests of a child/children of my family) for the following reasons: [state reasons for belief.

If seek- ing particular terms and conditions, indicate reasons for do- ing so].

*19 The following people have an interest in the dwellinghouse that would be affected by the making of an occupation order: [list names of people, their addresses, and state the nature of their interests].
*Facts in support of application for tenancy order Complete paragraphs 20–22 (where applicable) if applying for ten- ancy order *20 The respondent is a (*sole tenant) (*a tenant holding jointly, or in common, with me) of the dwellinghouse at [full address].

*21 The making of a tenancy order is (*necessary for my protec- tion) (*in the best interests of a child/children of my family) for the following reasons: [state reasons for belief].
*22 The following people have an interest in the dwellinghouse that would be affected by the making of a tenancy order: [list names of people, their addresses, and state the nature of their interests].
*Facts in support of application for ancillary furniture order Complete paragraphs 23–25 (where applicable) if applying for an- cillary furniture order 67 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form DV 3—continued *23 I (*am applying for (*an occupation order) (*a tenancy order)) (*have a current (*occupation order) (*tenancy order)) in re- spect of the dwellinghouse situated at [full address].
*24 The respondent and I have lived in the same dwellinghouse at the same time for [state period that you and the respond- ent lived in same house at same time] and (*I am) (*I will be) living in the dwellinghouse specified in paragraph 23.

[If not currently living in the dwellinghouse, give sufficient informa- tion to indicate intention to return.

If seeking particular terms or conditions, indicate the reasons for doing so].
*25 The following people have an interest in the furniture, house- hold appliances, and household effects that would be affected by the making of an ancillary furniture order: [list names of people, their addresses, and state the nature of their interests].

*Facts in support of application for furniture order Complete paragraphs 26–31 (where applicable) if applying for fur- niture order *26 I (*am applying for) (*have been granted) a protection order against the respondent.
*27 The respondent and I (*live in the same dwellinghouse at [full address]) (*have lived in the same dwellinghouse at [full ad- dress] at the same time).

I (*am not applying for) (*did not apply for) an occupation order or a tenancy order in respect of that dwellinghouse.

*29 A child/children of my family (*is/are living) (*has/have *28 lived) in that dwellinghouse.
*30 The furniture, household appliances, and household effects in respect of which I am seeking a furniture order are reasonably required to equip another dwellinghouse in which (*I am liv- ing/will live) (*a child of my family lives/will live) (*both I and a child of my family are living/will live): [state sufficient facts to indicate the reasons for these statements.

If seeking particular terms or conditions, indicate the reasons for doing so].
68 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 3—continued *31 The following people have an interest in the furniture, house- hold appliances, and household effects that would be affected by the making of a furniture order: [list names of people, their addresses, and state the nature of their interests].
*Facts in support of application for property order without notice Complete paragraph 32 if applying for a property order without no- tice to the respondent *32 The application for (*an occupation order) (*a tenancy order) (*an ancillary furniture order) (*a furniture order) is made without notice to the respondent because— *(a) the respondent has (*physically abused) (*sexually abused) (*me) (*a child of my family); and the delay that would be caused by proceeding on notice would or might expose (*me) (*a child of my family) to physical or sexual abuse.
*(b) [State sufficient facts to indicate the reasons for these statements].

*Other facts in support of application [Set out sufficient information to inform the court of any other facts relied on in support of each application].

Signature of deponent: *Sworn *affirmed at [place, date], before me— Signature: *(Deputy) Registrar *Solicitor of the High Court *Justice of the Peace *Delete or omit if inapplicable.
69 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form DV 3—continued Notes Rule 9(2) of the Domestic Violence Rules 1996 permits this form to be varied where the circumstances of a particular case require.

Material referred to in this affidavit may be attached as an ex- hibit, endorsed with the appropriate exhibit note.
It is not necessary to repeat the full name of a person referred to more than once in the affidavit so long as the identity of the person being referred to in a particular paragraph is clear.

If the facts that support particular applications have been re- ferred to in earlier paragraphs, it is sufficient to refer back to those paragraphs by number rather than repeating the facts.
A separate affidavit by the person referred to in paragraph 7 and giving details of the respondent’s behaviour may be ne- cessary.

Rules 22 and 45 of the Domestic Violence Rules 1996 permit the applicant to omit his/her residential address from this affi- davit if he/she wants the address to be kept confidential from the respondent or the associated respondent.

Schedule 1 form DV 3: amended, on 26 April 2005, by section 12 of the Rela- tionships (Statutory References) Act 2005 (2005 No 3).
70 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 4 Notice of residential address and request for confidentiality Domestic Violence Act 1995 r 22 (General heading—Form DV 1) To the Registrar District Court [Place] I, [full name], am applying for a protection order against [full name], the respondent.

My residential address is [address].


My contact telephone number(s) is/are: [home, work] I request that my residential address and telephone numbers be kept confidential from the respondent (*and the associated respondent).

I have provided an address for service on the information sheet ac- companying the application.

Signature of applicant: Date: *Delete or omit if inapplicable.
71 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form DV 5 Information for Police where application made for protection order Domestic Violence Act 1995 r 23 Applicant Full name: *Residential address: *Contact telephone number(s): [home, work] *These details must not be disclosed to the respondent or associated respondent.
Respondent Full name: Residential address: Occupation: Name and address of employer: *Contact telephone number(s): [home, work] Date of birth: Age in years: *Associated respondent Full name: Residential address: Occupation: Name and address of employer: *Contact telephone number(s): [home, work] Date of birth: Age in years: Information about firearms licence and weapons Circle the appropriate answer.

Please see the note at the end of this form about what is a weapon.
72 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 5—continued 1 Does the respondent have a firearms yes no unknown licence?

*2 Does the associated respondent have a yes no unknown firearms licence?

3 Does the respondent have access to a weapon?


At home At work (eg sporting goods shop) Part time work (eg territorial soldier) Through sporting interests (eg gun club) Through a relative or friend *4 Does the associated respondent have access yes no unknown yes no unknown yes no unknown yes no unknown yes no unknown to a weapon?
At home At work (eg sporting goods shop) Part time work (eg territorial soldier) Through sporting interests (eg gun club) Through a relative or friend yes no unknown yes no unknown yes no unknown yes no unknown yes no unknown If you answered “yes” to any part of question 3 or question 4, please answer questions 5 to 8.

Write “unknown” if you do not know the answer.

5 How many weapons does (*the respondent) (*the associated re- spondent) have access to?
............................................................ 6 What types of weapons does (*the respondent) (*the associated respondent) have access to?

......................................................... 7 Where are the weapons kept or stored?

(Please be as precise as possible) .......................................................................................
If (*the respondent) (*the associated respondent) has access to a relative’s or friend’s weapons, please give the name and address of each of those people: ............................................................... 8 Signature of applicant: Date: 73 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form DV 5—continued Note Meaning of weapon The Domestic Violence Act 1995 defines a weapon as any firearm, airgun, pistol, restricted weapon, ammunition, or explosive, as those terms are defined in the Arms Act 1983.
*Delete or omit if inapplicable.
74 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 6 Application for appointment as representative Section 9 (or section 11 or section 12), Domestic Violence Act 1995 rr 35, 36 (General heading—Form DV 1) *Application to be appointed representative of minor I, [full name], apply (*without notice) for an order appointing me as representative of [full name of minor to be represented], the minor, on the following grounds: (a) (b) the minor is eligible to apply for a protection order: I am an adult, I am not under disability, and there is unlikely to be any conflict between my interests and the interests of the minor.
Affidavit/statement in support You must— (a) file an affidavit containing sufficient particulars to show the grounds on which you claim to be entitled to the order sought, and sufficient information to inform the court of the facts relied on in support of the application (including the age of the minor and your relationship to the minor); or complete a statement in support as set out below.
(b) *Affidavit in support I rely on the content of the affidavit dated [specify date] filed in sup- port of this application.

or *Statement in support I say: [set out sufficient particulars to show the grounds on which you claim to be entitled to the order sought, and sufficient information to inform the court of the facts relied on in support of the application (including the age of the minor and your relationship to minor)].
75 *(b) or *(b) (c) Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form DV 6—continued *Application to be appointed representative of person lacking capacity I, [full name], apply (*without notice) for an order appointing me as representative of [full name of person to be represented], the specified person, on the following grounds: (a) the specified person is eligible to apply for a (*protection order) (*property order): the specified person lacks, wholly or partly, the capacity to understand the nature, and to foresee the consequences, of de- cisions in respect of matters relating to (*his) (*her) personal care and welfare: the specified person has the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to (*his) (*her) personal care and welfare, but wholly lacks the capacity to communicate decisions in respect of such matters: an application for a (*protection order) (*property order) must be made, on the specified person’s behalf, by a representative because— *(i) no one has power, under an appointment made under the Protection of Personal and Property Rights Act 1988, to make the application on the specified person’s behalf; or *(ii) although a person has power, under an appointment made under the Protection of Personal and Property Rights Act 1988, to make the application on the spe- cified person’s behalf, that person has refused or failed to do so; or *(iii) the specified person is a minor who is under the age of 16 years: (d) I am an adult, I am not under disability, and there is unlikely to be any conflict between my interests and the interests of the specified person.
76 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 6—continued Affidavit/statement in support You must— (a) file an affidavit containing sufficient particulars to show the grounds on which you claim to be entitled to the order sought, and sufficient information to inform the court of the facts re- lied on in support of the application (including the reasons for believing that the specified person lacks capacity); or complete a statement in support as set out below.
(b) *Affidavit in support I rely on the content of the affidavit dated [specify date] filed in sup- port of this application.

or *Statement in support I say: [set out sufficient particulars to show the grounds on which you claim to be entitled to the order sought, and sufficient information to inform the court of the facts relied on in support of the application (including the reasons for believing that the specified person lacks capacity)].
*Application to be appointed representative of person unable to make application personally I, [full name], apply without notice for an order appointing me as representative of [full name of person to be represented], the specified person, on the following grounds: (a) the specified person is eligible to apply for a (*protection order) (*property order): the specified person is unable to make the application person- ally: it is desirable that (*the protection order) (*the property order) be sought on an application without notice: reasonable steps have been taken to ascertain the wishes of the specified person in relation to this application, (*and those wishes have been ascertained) (*but those wishes have not been able to be ascertained): (b) (c) (d) 77 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form DV 6—continued *(e) the specified person— *(i) *(ii) objects to my appointment, but that objection is not does not object to my appointment; or freely made: (f) (g) it is in the best interests of the specified person to make this appointment: I am an adult, I am not under disability, and there is unlikely to be any conflict between my interests and the interests of the specified person.
Affidavit/statement in support You must— (a) file an affidavit containing sufficient particulars to show the grounds on which you claim to be entitled to the order sought, and sufficient information to inform the court of the facts re- lied on in support of the application (including the reasons for believing that the specified person is unable to make the ap- plication personally); or complete a statement in support as set out below.
(b) *Affidavit in support I rely on the content of the affidavit dated [specify date] filed in sup- port of this application.

or *Statement in support I say: [set out sufficient particulars to show the grounds on which you claim to be entitled to the order sought, and sufficient information to inform the court of the facts relied on in support of the application (including the reasons for believing that the specified person is un- able to make the application personally)].
Signature of applicant: Date: 78 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 6—continued This application is filed by ........... , whose address for service is at [address].

Date of hearing I appoint [date] at ...... am (pm) at the District Court at [place] for the hearing of this application.

Registrar: Date: *Delete or omit if inapplicable.

Notes Advice If you need help, consult a lawyer or contact a District Court office immediately.
Office hours The office of the District Court is open from ...... to ...... on Mondays to Fridays inclusive.

Schedule 1 form DV 6: amended, on 26 April 2005, by section 12 of the Rela- tionships (Statutory References) Act 2005 (2005 No 3).
79 Schedule 1 Domestic Violence Rules 1996 Form DV 7 Application on notice Domestic Violence Act 1995 Reprinted as at 28 October 2009 rr 13, 16 (General heading—Form DV 1) I, [full name], apply for an order [state precisely the nature of the order sought] on the following grounds: [State the grounds on which the application is made, referring to the section of the Act or the rule relied on, and following closely the wording of the section or rule].
Affidavit/statement in support You must— (a) file an affidavit containing sufficient particulars to show the grounds on which you claim to be entitled to the order sought, and sufficient information to inform the court of the facts relied on in support of the application; or complete a statement in support as set out below.

(b) *Affidavit in support I rely on the content of the affidavit dated [specify date] filed in sup- port of this application.
or *Statement in support I say: [set out sufficient particulars to show the grounds on which you claim to be entitled to the order sought, and sufficient information to inform the court of the facts relied on in support of the application].
*Previous proceedings The parties to this application were (*the parties) (*some of the par- ties) to a previous application— *(a) under the Domestic Violence Act 1995; or *(b) under [specify previous enactment corresponding to Domestic Violence Act 1995]; or to which the Family Proceedings Rules 1981 apply,— *(c) 80 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 7—continued and that previous application was filed in a court other than the court in which this application is filed.
*The file number of that previous application is [specify].

or *[State other information that may assist in identifying the file].

*The previous application was filed in the [name of court] Court at [place].

*I request that all documents relating to the previous application be transferred to the court in which this application is filed.
Signature of applicant: Date: To the Registrar District Court [Place] and To the respondent This application is filed by ........... , whose address for service is at [address].

Date of hearing I appoint [date] at ...... am (pm) at the District Court at [place] for the hearing of this application.

Registrar: Date: *Delete or omit if inapplicable.


81 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form DV 7—continued Notes Advice If you need help, consult a lawyer or contact a District Court office immediately.

Office hours The office of the District Court is open from ...... to ...... on Mondays to Fridays inclusive.
82 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 8 Application without notice Domestic Violence Act 1995 r 17 (General heading—Form DV 1) I, [full name], apply without notice for an order [state precisely the nature of the order sought] on the following grounds: [State the grounds on which the application is made, referring to the section of the Act or the rule relied on, and following closely the wording of the section or rule].
Affidavit/statement in support You must— (a) file an affidavit containing sufficient particulars to show the grounds on which you claim to be entitled to the order sought, and sufficient information to inform the court of the facts relied on in support of the application; or complete a statement in support as set out below.

(b) *Affidavit in support I rely on the content of the affidavit dated [specify date] filed in sup- port of this application.
or *Statement in support I say: [set out sufficient particulars to show the grounds on which you claim to be entitled to the order sought, and sufficient information to inform the court of the facts relied on in support of the application].
*Previous proceedings The parties to this application were (*the parties) (*some of the par- ties) to a previous application— *(a) under the Domestic Violence Act 1995; or *(b) under [specify previous enactment corresponding to Domestic Violence Act 1995]; or to which the Family Proceedings Rules 1981 apply,— *(c) 83 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form DV 8—continued and that previous application was filed in a court other than the court in which this application is filed.
*The file number of that previous application is [specify].

or *[State other information that may assist in identifying the file].

*The previous application was filed in the [name of court] Court at [place].

*I request that all documents relating to the previous application be transferred to the court in which this application is filed.

Signature of applicant: Date: To the Registrar District Court [Place] This application is filed by ........... , whose address for service is at [address].
*Date of hearing The Registrar is to complete the following appointment for hearing if an appearance is necessary or required.

I appoint [date] at ...... am (pm) at the District Court at [place] for the hearing of this application.

Registrar: Date: *Delete or omit if inapplicable.


84 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 r 18 Form DV 9 Application for modification, discharge, or imposition of standard condition relating to weapons Section 22, Domestic Violence Act 1995 I, [full name], apply (*without notice) for a variation of the (*tem- porary) protection order made on [date] in favour of [full name of applicant for protection order] against [full name of respondent].
I apply for the court to vary the order (*, in so far as it relates to the associated respondent,) by— *(a) directing that the standard condition relating to weapons is to be a condition of the order (*without modification) (*with the following modifications: [specify modifications sought]); or *(b) discharging the standard condition relating to weapons; or *(c) modifying the terms of the standard condition relating to weapons as follows: [specify modifications sought].
Affidavit/statement in support You must— (a) file an affidavit containing sufficient particulars to show the grounds on which you claim to be entitled to the order sought, and sufficient information to inform the court of the facts relied on in support of the application; or complete a statement in support as set out below.

(b) *Affidavit in support I rely on the content of the affidavit dated [specify date] filed in sup- port of this application.
or *Statement in support I say: [set out sufficient particulars to show the grounds on which you claim to be entitled to the order sought, and sufficient information to inform the court of the facts relied on in support of the application].
Signature of applicant: 85 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form DV 9—continued Date: To the Registrar District Court [Place] and To (*the protected person(s)) (*The respondent) (*the associated respondent) This application is filed by ........... , whose address for service is at [address].

*Date of hearing The Registrar is to complete the following appointment for hearing if an appearance is necessary or required.
I appoint [date] at ...... am (pm) at the District Court at [place] for the hearing of this application.

Registrar: Date: *Delete or omit if inapplicable.

Notes Advice If you need help, consult a lawyer or contact a District Court office immediately.

Office hours The office of the District Court is open from ...... to ...... on Mondays to Fridays inclusive.
86 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 10 Notice to respondent or associated respondent Domestic Violence Act 1995 r 30(b) No: In the District Court at: To: Notification of application for order [Full name], the applicant, has filed an application in this court.

A copy of the application is attached.

The order or orders sought are specified in the application.

The applicant’s address for service is [address].


Notice of defence If you wish to defend the application, you may file a notice of defence in this office of the court at least 5 clear days before the date of the hearing.

In some cases, an affidavit must be filed with the notice of defence.

If you file a notice of defence, you must serve a copy of the notice of defence on the other party to the proceedings.

That copy may be delivered to the address for service given by the applicant.
You should note that if you do not file and serve a notice of defence and an affidavit (if required) at least 5 clear days before the date of the hearing you may not be able to defend the application.

On the day of the hearing of the application, should you appear, the Judge may— (a) allow you to take part in the hearing of the application only on such terms as the Judge thinks fit; or decline to allow you to take part.
(b) You should also note that the Judge may make an order against you for costs properly incurred as a consequence of your failure to file and serve a notice of defence and an affidavit (if required) within time.
87 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form DV 10—continued Address for service If you do not wish to defend the application but you do wish to know what is happening, you should— (a) file in this office of the court a notice giving the address of a place in New Zealand at which documents can be left for you; and serve a copy of the notice on the other party to the proceedings.

That copy may be delivered to the address for service given by the applicant.
(b) Assistance If you wish, a lawyer will prepare a notice of defence for you.

If you want a lawyer but think you cannot afford one, you should contact an office of the District Court immediately.

You may also see an example of the form of the notice of defence at any office of the District Court.

Copies of orders You will get copies of any orders made against you.

However, any order will probably be in force from the time it is made.
The fact that you have not got a copy of the order will not be an excuse for not obeying it.

Advice If you need help, consult a lawyer or contact a District Court office immediately.

Office hours The office of the District Court is open from ...... to ...... on Mondays to Fridays inclusive.

Registrar: Date: Schedule 1 form DV 10: amended, on 3 August 2009, by rule 6 of the Domestic Violence Amendment Rules 2009 (SR 2009/189).
88 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 11 Notice of defence Domestic Violence Act 1995 r 31 (General heading—Form DV 1) I, [full name], of [address], [occupation], the (*respondent) (*asso- ciated respondent), give notice that I intend to defend the application for [specify the order(s)].
Affidavit/statement in support If this notice is filed in respect of an application for a protection order or a property order, you must file with the notice an affidavit setting out sufficient particulars to indicate the grounds on which the defence is based, and sufficient information to inform the court of the facts relied on in support of the defence.

The affidavit should cover the matters set out below in relation to a statement in support.
If this notice relates to another kind of application, you must— (a) file an affidavit setting out sufficient particulars to indicate the grounds on which the defence is based, and sufficient informa- tion to inform the court of the facts relied on in support of the defence.

The affidavit should cover the matters set out below in relation to a statement in support; or complete a statement in support as set out below.
(b) *Affidavit in support I rely on the content of the affidavit dated [specify date] filed in sup- port of this application.

or *Statement in support I say, in answer to the applicant: 1 2 [State whether the facts given in the application are accepted or rejected.

If any facts are rejected, state reasons].

[Set out sufficient particulars to indicate the grounds on which the defence is based, and sufficient information to inform the court of the facts relied on in support of the defence].
89 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form DV 11—continued 3 [Set out any other facts relating to the application or to the circumstances that have existed or are existing between the parties that the court should be told about].

Signature: (*Respondent) (*associated respondent) Date: To the Registrar District Court [Place] and To the applicant (*The respondent) (*the associated respondent) This notice is filed by ..........., whose address for service is at [address].
*Delete or omit if inapplicable.
90 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 12 Notice of intention to appear Section 76, Domestic Violence Act 1995 r 32 (General Heading—Form DV 1) I, [full name], of [address], [occupation], the (*respondent) (*asso- ciated respondent), give notice that I wish to be heard on whether a final order should be substituted for the following temporary order/s made on [date]: *Protection order: *Occupation order: *Tenancy order: *Ancillary furniture order: *Furniture order.
Affidavit in support You must file an affidavit with this notice.

The affidavit should— (a) set out sufficient particulars to indicate the reasons for giving notice; and state whether the facts given in the affidavit in support of the application are accepted or rejected.

If any facts are rejected, state reasons; and set out any other facts relating to the application or to the circumstances that have existed or are existing between the parties that the court should be told about.
(b) (c) I rely on the content of the affidavit dated [specify date] filed in sup- port of this notice.

Signature: (*Respondent) (*associated respondent) Date: To the Registrar District Court [Place] 91 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form DV 12—continued and To the applicant (*The respondent) (*the associated respondent) This notice is filed by ..........., whose address for service is at [address].

*Delete or omit if inapplicable.


Date of hearing I appoint [date] at ...... am (pm) at the District Court at [place] for the hearing.

Registrar: Date: 92 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 13 Notice by advertisement Domestic Violence Act 1995 r 59(3) In the District Court at [place] To [full name of respondent or associated respondent], [occupation], formerly of [address].
[Full name of applicant] has filed an application against you for the following orders: [state orders applied for].

A copy of the application, with a notice containing information for you, may be obtained from my office.

The application has been set down for hearing on [date].

Registrar: Date: Any person knowing the whereabouts of [full name] is asked to bring this notice to his/her attention.
93 Schedule 1 Domestic Violence Rules 1996 Form DV 14 Affidavit of service Domestic Violence Act 1995 Reprinted as at 28 October 2009 r 60 (General heading—Form DV 1) I [full name], of [address], [occupation], *swear *affirm: 1 On [date] I served on [full name], (*the respondent) (*the as- sociated respondent), a copy of [specify document] annexed to this affidavit and marked with the letter “A” by delivering it to *him/*her personally at [address].
or 1 2 3 or 3 On [date] at [time—see rule 60(3)] I served on [full name], (*the respondent) (*the associated respondent), a copy of the (*temporary protection order) (*final protection order) annexed to this affidavit and marked with the letter “A” by delivering it to (*the respondent) (*the associated respondent) personally at [address].
At the same time I served on (*the respondent) (*associated respondent) a copy of [specify document] annexed to this affidavit and marked with the letter “B” by delivering it to *him/*her personally at [address].

(*The respondent) (*the associated respondent) is personally known to me by reason of the following facts: [state the facts establishing personal knowledge].
(*The respondent) (*the associated respondent) is not person- ally known to me, but I believe that the person served by me is (*the respondent) (*the associated respondent) by reason of the following facts: [state the facts on which the deponent re- lies].
Signature of deponent: 94 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 14—continued *Sworn *affirmed at [place, date], before me— Signature: *(Deputy) Registrar *Solicitor of the High Court *Justice of the Peace *Delete or omit if inapplicable.
95 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form DV 15 Summons to appear as witness/appear before court Section 82, Domestic Violence Act 1995 rr 77, 88 (General heading—Form DV 1) To: [full name], of [address], [occupation].

*Summons to appear as witness (*An application has been made by [full name], the applicant, against [full name], the respondent, for the following order(s): [specify na- ture of order(s) sought].)
(*On application by [full name], the applicant, against [full name], the respondent, the court has made the following temporary order: [specify order made].)

(*A hearing is to be held to decide— *(a) whether the order(s) sought should be made; or *(b) whether a final order should be substituted for the temporary order; or *(c) whether specified parts of the order made or sought should be part of a final order.)

I believe that you are capable of giving evidence that may assist the court.
*Summons to appear before court *On [date] the court directed you to attend a programme.
The programme provider of that programme— *(a) has notified the Registrar that you have failed to comply with that direction as follows: [set out nature of non-compliance alleged]; or *(b) has requested that the direction be varied because the pro- the programme is not appropriate for you; or gramme provider considers that— *(i) *(ii) you are not participating fully in the programme, and this is significantly affecting your ability to benefit fully from the programme.
You are summoned to appear (*as a witness) at the hearing at ..... am (pm) on [date] at the District Court at [place].

96 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 15—continued Registrar: Date: Notes Failure to appear If (*, having been tendered or paid allowances and travelling ex- penses at the appropriate rate,) you fail to attend, the court may issue a warrant to arrest you and bring you before the court.
If, without sufficient cause, you refuse or fail to attend, you may be prosecuted and fined.

Advice If you need help, consult a lawyer or contact a District Court office immediately.

Office hours The office of the District Court is open from ...... to ...... on Mondays to Fridays inclusive.

*Delete or omit if inapplicable.


97 Schedule 1 Domestic Violence Rules 1996 Form DV 16 Temporary protection order Section 14, Domestic Violence Act 1995 Reprinted as at 28 October 2009 r 9 (General heading—Form DV 1) Upon application without notice the court makes a temporary protec- tion order against [full name], the respondent.
*Order to apply against other person(s) (associated respond- ent(s)) *The court also directs that the order applies against the following person(s): [Full name of each person in respect of whom the court makes a direction under section 17(1) of the Act].
Person(s) protected by the order (protected person(s)) This order protects the following person(s): [Full name of applicant]: *[Full name of each child of the applicant’s family]: *The court also directs that the order applies for the benefit of the following person(s): [Full name of each person in respect of whom the court makes a direction under section 16(2) of the Act].
Conditions of order (a) Standard conditions prohibiting domestic violence and contact It is a condition of this order that— 1 (c) The respondent, and any associated respondent, must not— physically or sexually abuse any protected person; or (a) threaten to physically or sexually abuse any protected (b) person; or damage, or threaten to damage, property of any pro- tected person; or engage, or threaten to engage, in other behaviour, in- cluding intimidation or harassment, which amounts to psychological abuse of any protected person; or encourage any person to engage in behaviour against any protected person, where the behaviour, if engaged (d) (e) 98 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 16—continued in by the respondent or any associated respondent, would be prohibited by the order: 2 Unless the protected person and the respondent or associated respondent are living in the same dwellinghouse with the ex- press consent** of the protected person (which may be with- drawn at any time), the respondent or associated respondent must not— (a) watch, loiter near, or prevent or hinder access to or from, any protected person’s place of residence, busi- ness, employment, educational institution, or any other place that any protected person visits often; or follow any protected person about or stop or accost any protected person in any place; or without the protected person’s express consent**, enter or remain on any land or building occupied by any pro- tected person; or (b) (c) (d) where any 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 any 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 custody of, or access to, any minor; or as is permitted under any special condition of this protection order; or as is necessary for the purposes of attending a family group conference under the Children, Young Persons, and Their Families Act 1989.
(iii) (iv) **The court may specify, in a special condition of a protection order, a person who may consent or withdraw consent on a protected per- son’s behalf (b) Standard conditions relating to weapons 99 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form DV 16—continued It is also a condition of this order that the respondent, and any asso- ciated respondent,— (a) must not possess, or have under his or her control, any weapon; and (b) must not hold a firearms licence; and (c) must,— (i) (ii) (iv) (iii) as soon as practicable after being served with a copy of this order, but in any case no later than 24 hours after such service; and on demand made, at any time, by any member of the Police,— surrender to a member of the Police— any weapon in his or her possession, or under his or her control, whether or not the weapon is lawfully in his or her possession or under his or her control; and any firearms licence held by him or her.
Note: Weapon means any firearm, airgun, pistol, restricted weapon, ammunition, or explosive, as those terms are defined in the Arms Act 1983.

*(c) Special conditions The court also imposes the following special conditions: [set out any special conditions imposed].

Unless otherwise stated, these conditions last for the duration of this order.
*(d) Attendance at programme The court directs [full name of respondent and/or associated respond- ent] to attend the following programme: [specify name of programme and programme provider].
The (*respondent) (*associated respondent) must attend the pro- gramme— *(a) *(b) for [number] of sessions per month; or for 1 session per month and for such other session or sessions per month as the programme provider from time to time spe- cifies; or for such number of sessions per month as the programme provider from time to time specifies.
*(c) 100 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 16—continued The (*respondent) (*associated respondent) must attend the pro- gramme for the first time— *(a) on [date] at ...... am/pm at [place]; or *(b) on a date and at a time and place to be advised by the pro- gramme provider as soon as practicable.
Registrar: Date: *Direction that hearing be held The court directs that there be a hearing in relation to (*the whole of this order) (*the following parts of this order: [specify parts]).

*Date of hearing I appoint [date] at ...... am (pm) at the District Court at [place] for this hearing.

Registrar: Date: *Delete or omit if inapplicable.


Important information for respondent/associated respondent Effect of temporary protection order The applicant has made an application to the court for a protection order, and this order has been made without notice first being given to you.

A copy of the application and related papers— *(a) accompany this order; or *(b) will be served on you shortly; or *(c) may be obtained from (*the court that made the order) (*[spe- cify place]).
101 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form DV 16—continued This order is a temporary order.

(*If you do nothing after being served, this order will automatically become a final order 3 months after the date on which it was made.

If you wish to dispute this order, you must notify the court as soon as possible.)

(*The court has directed that a hearing be held in relation to (*the whole of this order) (*specified parts of this order).
This hearing will take place whether or not you wish to appear.

If you wish to dispute any part of the order, you must notify the court as soon as possible.

If you do nothing, (*the court may make a final order in your absence) (*the parts of the order in relation to which a hearing is not required will become final 3 months after the date on which this order was made, and the court may confirm the other parts of the order at the hearing.))
Effect of standard condition relating to weapons The effect of this condition is that any firearms licence held by you is automatically suspended as soon as this order is made.

If the order becomes final, the licence is automatically revoked.

However, you can apply to the court to modify or discharge this condition (see be- low).
If you do not surrender to the Police all weapons in your possession or under your control, and your firearms licence, within 24 hours after being served with this order, or on demand made by a member of the Police, the Police can use their powers under the Arms Act 1983 to enter your property without warrant and search for and seize the weapons.

You may also be prosecuted for failing to comply with this order (see below).
Objection to direction to attend a programme The court has directed you to attend a programme.

You have 5 days after you have been served with this order to notify the court if you object to that direction.

102 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 16—continued If you do not make an objection within the 5 day period, and then fail to attend programme sessions, you may be prosecuted for failing to comply with this order (see below).
Prohibition on contact with a protected person The effect of this order is to prohibit you from having contact with any protected person in any of the ways set out in the order.

This order may also contain special conditions relating to contact between you and a protected person.

You should read the terms of the order very carefully to find out what contact you may or may not have with any protected person.
If the protected person has expressly consented to living in the same dwellinghouse with you, the prohibition on contact, and any special condition that is inconsistent with living in the same dwellinghouse, are suspended.

The protected person may withdraw that consent at any time.

If that happens (and this order has not in the meantime been discharged or varied), you must comply with all the standard conditions and special conditions of the order.
Note that the special conditions of this order may specify who is en- titled to consent (or withdraw consent) on behalf of a protected per- son.

Modification or discharge of this order You (or any other party) can apply to the court at any time— (a) for the modification or discharge of the standard condition re- lating to weapons.
(The court may make a change to this stand- ard condition only if it is satisfied that the condition, or a term of the condition, is not needed to protect the persons for whose benefit this order applies from further domestic violence): for a variation or discharge of any special conditions of this order, or for the imposition of a new special condition: for the variation or discharge of a direction to attend a pro- gramme, or for such a direction to be made: for this order to be discharged.
(b) (c) (d) 103 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form DV 16—continued Consequences of a breach of this order You commit an offence if you breach the order by— doing an act in contravention of this order; or (a) (b) failing to comply with any condition in this order.

You have a defence to proceedings for this offence if you can prove that you had a reasonable excuse for breaching the order.

The maximum penalty for this offence is 2 years’ imprisonment.
If a constable has good cause to suspect that you have breached this order, you may be arrested without warrant.

Police bail is not avail- able during the 24 hours immediately following an arrest.

During that period, any bail application must be made to a Judge.

Consequences of failing to comply with direction You commit an offence if, without reasonable excuse, you fail on any occasion to comply with a direction to attend a programme.
The maximum penalty for this offence is 6 months’ imprisonment or a fine not exceeding $5,000.

Advice If you need help, consult a lawyer or contact a District Court office immediately.

Office hours The office of the District Court is open from ...... to ...... on Mondays to Fridays inclusive.

*Delete or omit if inapplicable.

Important information for protected persons Effect of temporary protection order This order has been made without notice first being given to the re- spondent.
This order is a temporary order.

(*If the respondent or associated respondent does nothing after being served, this order will automatically become a final order 3 months 104 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 16—continued after the date on which it was made.

You will then be sent a copy of the final order.

The respondent or associated respondent may, how- ever, give notice that he or she wishes to dispute this order.
In that case, a hearing will be held and you will be notified of the hearing date.)

(*The court has directed that a hearing be held in relation to (*the whole of this order) (*specified parts of this order).

You are entitled to appear or be represented at the hearing to present your case to satisfy the court that (*the order should be made final) (*the parts of the order in relation to which the hearing is required should be part of the final order.
If the respondent does nothing, the parts of the order in relation to which a hearing is not required will become final 3 months after the date on which this order was made, and the court may confirm the other parts of the order at the hearing.))

Respondent/associated respondent prohibited from contact with you The effect of this order is to prohibit the respondent or associated respondent from having contact with you in any of the ways set out in the order.
This order may also contain special conditions relating to contact between you and the respondent or associated respondent.

If you expressly consent to living in the same dwellinghouse with the respondent or associated respondent, the prohibition on contact, and any special condition that is inconsistent with living in the same dwellinghouse, are suspended.

You may withdraw that consent at any time.


If that happens (and this order has not in the meantime been discharged or varied), the re- spondent or associated respondent must comply with all the standard conditions and special conditions of the order.

Note that the special conditions of this order may specify who is en- titled to consent (or withdraw consent) on behalf of a protected per- son.
Standard condition relating to weapons The effect of this condition is that any firearms licence held by the respondent or associated respondent is automatically suspended as 105 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form DV 16—continued soon as this order is made.

If the order becomes final, the licence is automatically revoked.

However, this condition may be modified or discharged by the court (see below).
Attendance at a programme If you have requested referral to a programme, you will be advised in the near future of the programme provider and the relevant dates.

If you wish to make such a request for yourself or for any child or other person protected by the order, you may do so by contacting the Registrar.
Modification or discharge of this order You (or any other party, including the respondent or associated re- spondent) can apply to the court at any time— (a) for the modification or discharge of the standard condition re- lating to weapons.
(The court may make a change to this stand- ard condition only if it is satisfied that the condition, or a term of the condition, is not needed to protect the persons for whose benefit this order applies from further domestic violence): for a variation or discharge of any special conditions of this order, or for the imposition of a new special condition: for the variation or discharge of a direction that the respondent or associated respondent attend a programme, or for such a direction to be made: for this order to be discharged.
(d) If the respondent or associated respondent makes any of these appli- cations, you will be notified and have an opportunity to dispute the application.

(b) (c) Consequences of a breach of this order The respondent or associated respondent commits an offence if he or she— (a) (b) does any act in contravention of this order; or fails to comply with any condition in this order.
106 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 16—continued The respondent or associated respondent will have a defence to pro- ceedings for this offence if it can be proved that he or she had a rea- sonable excuse for breaching the order.

The maximum penalty for this offence is 2 years’ imprisonment.
If a constable has good cause to suspect that the respondent or associ- ated respondent has breached the order, the respondent or associated respondent may be arrested without warrant.

Police bail is not avail- able during the 24 hours immediately following an arrest.

During that period, any bail application must be made to a Judge.
Consequences of failing to comply with direction The respondent or associated respondent commits an offence if, with- out reasonable excuse, he or she fails on any occasion to comply with a direction to attend a programme.

The maximum penalty for this offence is 6 months’ imprisonment or a fine not exceeding $5,000.

Advice If you need help, consult a lawyer or contact a District Court office immediately.
Office hours The office of the District Court is open from ...... to ...... on Mondays to Fridays inclusive.

*Delete or omit if inapplicable.

Schedule 1 form DV 16: amended, on 28 October 2009, by section 10 of the Domestic Violence Amendment Act 2009 (2009 No 43).
107 Schedule 1 Domestic Violence Rules 1996 Form DV 17 Protection order Section 14, Domestic Violence Act 1995 Reprinted as at 28 October 2009 r 9 (General heading—Form DV 1) *Upon application the court makes a protection order against [full name], the respondent.

*Upon application without notice the court made a temporary protec- tion order against [full name], the respondent on [date], which order is now final (*in whole) (*in part) (*with modifications) (*without modification).
*Order to apply against other person(s) (associated respondent(s)) *The court also directs that the order applies against the following person(s): [Full name of each person in respect of whom the court makes a direction under section 17(1) of the Act].
Person(s) protected by the order (protected person(s)) This order protects the following person(s): [Full name of applicant]: *[Full name of each child of the applicant’s family]: *The court also directs that the order applies for the benefit of the following person(s): [Full name of each person in respect of whom the court makes a direction under section 16(2) of the Act].
Conditions of order (a) Standard conditions prohibiting domestic violence and contact It is a condition of this order that— 1 The respondent, and any associated respondent, must not— physically or sexually abuse any protected person; or (a) threaten to physically or sexually abuse any protected (b) person; or 108 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 17—continued (c) (d) (e) damage, or threaten to damage, property of any pro- tected person; or engage, or threaten to engage, in other behaviour, in- cluding intimidation or harassment, which amounts to psychological abuse of any protected person; or encourage any person to engage in behaviour against any protected person, where the behaviour, if engaged in by the respondent or any associated respondent, would be prohibited by the order: 2 Unless the protected person and the respondent or associated respondent are living in the same dwellinghouse with the ex- press consent** of the protected person (which may be with- drawn at any time), the respondent or associated respondent must not— (a) watch, loiter near, or prevent or hinder access to or from, any protected person’s place of residence, busi- ness, employment, educational institution, or any other place that any protected person visits often; or follow any protected person about or stop or accost any protected person in any place; or without the protected person’s express consent**, enter or remain on any land or building occupied by any pro- tected person; or (b) (c) (d) where any 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 any 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 custody of, or access to, any minor; or as is permitted under any special condition of this protection order; or (iii) 109 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form DV 17—continued (iv) as is necessary for the purposes of attending a family group conference under the Children, Young Persons, and Their Families Act 1989.
**The court may specify, in a special condition of a protection order, a person who may consent or withdraw consent on a protected per- son’s behalf *(b) Standard conditions relating to weapons It is also a condition of this order that the respondent, and any asso- ciated respondent,— (a) must not possess, or have under his or her control, any weapon; and (b) must not hold a firearms licence; and (c) must,— (i) as soon as practicable after being served with a copy of this order, but in any case no later than 24 hours after such service; and on demand made, at any time, by any member of the Police,— (ii) (iv) surrender to a member of the Police— (iii) any weapon in his or her possession, or under his or her control, whether or not the weapon is lawfully in his or her possession or under his or her control; and any firearms licence held by him or her.
Note: Weapon means any firearm, airgun, pistol, restricted weapon, ammunition or explosive, as those terms are defined in the Arms Act 1983.

Where the court has modified the terms of the standard condition relating to weapons, or directed that the standard condition relating to weapons not be a condition of the order (whether absolutely or only in so far as the order relates to the respondent or associated respondent), set out the terms of the court’s decision.
*(c) Special conditions The court also imposes the following special conditions: [set out any special conditions imposed].

Unless otherwise stated, these conditions last for the duration of this order.

110 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 17—continued *(d) Attendance at programme The court (*directs) (*has directed) [full name of respondent and/or associated respondent] to attend the following programme: [specify name of programme and programme provider].
The (*respondent) (*associated respondent) must attend the pro- gramme— *(a) *(b) for [number] of sessions per month; or for 1 session per month and for such other session or sessions per month as the programme provider from time to time spe- cifies; or for such number of sessions per month as the programme provider from time to time specifies).
*(c) The (*respondent) (*associated respondent) must attend the pro- gramme for the first time— *(a) on [date] at ...... am/pm at [place]; or *(b) on a date and at a time and place to be advised by the pro- gramme provider as soon as practicable.

Registrar: Date: *Delete or omit if inapplicable.

Important information for respondent/associated respondent Effect of protection order This order is a final protection order that lasts indefinitely.

Certain conditions of this order may have a limited duration.
*Effect of standard condition relating to weapons *The effect of this condition is that any firearms licence held by you is automatically revoked.

*If you have not already done so, you must surrender to the Police all weapons in your possession or under your control, and your firearms 111 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form DV 17—continued licence, within 24 hours after being served with this order or on de- mand made by a member of the Police.
If you do not, the Police can use their powers under the Arms Act 1983 to enter your property without warrant and search for and seize the weapons.

You may also be prosecuted for failing to comply with this order (see below).

*This order may permit you to have in your possession, or under your control, a specified weapon, or weapons of a specified class, either unconditionally or subject to certain conditions.

You may also be permitted to hold a firearms licence.
You are in breach of this order if you possess weapons, or have weapons under your control, other than as permitted by this order.

*Objection to direction to attend a programme The court has directed you to attend a programme.

If you fail to at- tend programme sessions, you may be prosecuted for failing to com- ply with this order (see below).
Prohibition on contact with a protected person The effect of this order is to prohibit you from having contact with any protected person in any of the ways set out in the order.

This order may also contain special conditions relating to contact between you and a protected person.

You should read the terms of the order very carefully to find out what contact you may or may not have with any protected person.
If the protected person has expressly consented to living in the same dwellinghouse with you, the prohibition on con- tact, and any special condition that is inconsistent with living in the same dwellinghouse, are suspended.

The protected person may withdraw that consent at any time.

If that happens (and this order has not in the meantime been discharged or varied), you must comply with all the standard conditions and special conditions of the order.
Note that the special conditions of this order may specify who is en- titled to consent (or withdraw consent) on behalf of a protected per- son.

112 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 17—continued Modification or discharge of this order You (or any other party) can apply to the court at any time— (a) for the modification or discharge of the standard condition re- lating to weapons.
(The court may make a change to this stand- ard condition only if it is satisfied that the condition, or a term of the condition, is not needed to protect the persons for whose benefit this order applies from further domestic violence): for a variation or discharge of any special conditions of this order, or for the imposition of a new special condition: for the variation or discharge of a direction to attend a pro- gramme, or for such a direction to be made: for this order to be discharged.
(b) (c) (d) Consequences of a breach of this order You commit an offence if you breach the order by— doing an act in contravention of this order; or (a) failing to comply with any condition in this order.

(b) You have a defence to proceedings for this offence if you can prove that you had a reasonable excuse for breaching the order.

The maximum penalty for this offence is 2 years’ imprisonment.
If a constable has good cause to suspect that you have breached this order, you may be arrested without warrant.

Police bail is not avail- able during the 24 hours immediately following an arrest.

During that period, any bail application must be made to a Judge.

Consequences of failing to comply with direction You commit an offence if, without reasonable excuse, you fail on any occasion to comply with a direction to attend a programme.
The maximum penalty for this offence is 6 months’ imprisonment or a fine not exceeding $5,000.

Advice If you need help, consult a lawyer or contact a District Court office immediately.

113 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form DV 17—continued Office hours The office of the District Court is open from ...... to ...... on Mondays to Fridays inclusive.

*Delete or omit if inapplicable.


Important information for protected persons Effect of protection order This order is a final protection order that lasts indefinitely.

Certain conditions of this order may have a limited duration.

Respondent/associated respondent prohibited from contact with you The effect of this order is to prohibit the respondent or associated respondent from having contact with you in any of the ways set out in the order.
This order may also contain special conditions relating to contact between you and the respondent or associated respondent.

If you expressly consent to living in the same dwellinghouse with the respondent or associated respondent, the prohibition on contact, and any special condition that is inconsistent with living in the same dwellinghouse, are suspended.

You may withdraw that consent at any time.


If that happens (and this order has not in the meantime been discharged or varied), the re- spondent or associated respondent must comply with all the standard conditions and special conditions of the order.

Note that the special conditions of this order may specify who is en- titled to consent (or withdraw consent) on behalf of a protected per- son.
Attendance at a programme If you have requested referral to a programme, you will be advised in the near future of the programme provider and the relevant dates.

If you wish to make such a request for yourself or for any child or other person protected by the order, you may do so by contacting the Registrar.
114 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 17—continued Modification or discharge of this order You (or any other party, including the respondent or associated re- spondent) can apply to the court at any time— (a) for the modification or discharge of the standard condition re- lating to weapons.
(The court may make a change to this stand- ard condition only if it is satisfied that the condition, or a term of the condition, is not needed to protect the persons for whose benefit this order applies from further domestic violence): for a variation or discharge of any special conditions of this order, or for the imposition of a new special condition: for the variation or discharge of a direction that the respondent or associated respondent attend a programme, or for such a direction to be made: for this order to be discharged.
(d) If the respondent or associated respondent makes any of these appli- cations, you will be notified and have an opportunity to dispute the application.

(b) (c) does any act in contravention of this order; or fails to comply with any condition in this order.
Consequences of a breach of this order The respondent or associated respondent commits an offence if he or she— (a) (b) The respondent or associated respondent will have a defence to pro- ceedings for this offence if it can be proved that he or she had a rea- sonable excuse for breaching the order.

The maximum penalty for this offence is 2 years’ imprisonment.
If a constable has good cause to suspect that the respondent or associ- ated respondent has breached the order, the respondent or associated respondent may be arrested without warrant.

Police bail is not avail- able during the 24 hours immediately following an arrest.

During that period, any bail application must be made to a Judge.
115 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form DV 17—continued Consequences of failing to comply with direction The respondent or associated respondent commits an offence if, with- out reasonable excuse, he or she fails on any occasion to comply with a direction to attend a programme.

The maximum penalty for this offence is 6 months’ imprisonment or a fine not exceeding $5,000.

Advice If you need help, consult a lawyer or contact a District Court office immediately.
Office hours The office of the District Court is open from ...... to ...... on Mondays to Fridays inclusive.

*Delete or omit if inapplicable.

Schedule 1 form DV 17: amended, on 28 October 2009, by section 10 of the Domestic Violence Amendment Act 2009 (2009 No 43).
116 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 18 Temporary occupation order Section 53, Domestic Violence Act 1995 r 9 (General heading—Form DV 1) Upon application without notice the court makes a temporary occu- pation order against [full name], the respondent.
The court orders that [full name], the applicant, is entitled, to the exclusion of the respondent, to personally occupy the dwellinghouse at [full address], together with any land, buildings, or improvements appurtenant to the dwellinghouse which are used, or ordinarily would be used, for the purposes of a household.
*The court directs that the applicant is entitled to occupy the dwellinghouse for the period from ........... to ........... *The court also imposes the following terms and conditions relating to the occupation of the dwellinghouse: [set out any terms and con- ditions imposed].

Registrar: Date: *Direction that hearing be held The court directs that there be a hearing in relation to (*the whole of this order) (*the following parts of this order: [specify parts]).
Date of hearing I appoint [date] at ...... am (pm) at the District Court at [place] for this hearing.

Registrar: Date: *Delete or omit if inapplicable.

117 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form DV 18—continued Important information for respondent Effect of temporary occupation order The applicant has made an application to the court, and this order has been made without notice first being given to you.
A copy of the application and related papers— accompany this order; or *(a) *(b) will be served on you shortly; or *(c) may be obtained from (*the court that made the order) (*[spe- cify place]).

This order is a temporary order.

(*If you do nothing after being served, this order will (subject to notice being given to other persons with an interest in the property) automatically become a final order 3 months after the date on which it was made.
If you wish to dispute this order, you must notify the court as soon as possible.)

(*The court has directed that a hearing be held in relation to (*the whole of this order) (*specified parts of this order).

This hearing will take place whether or not you wish to appear.

If you wish to dispute any part of the order, you must notify the court as soon as possible.
If you do nothing (*the court may make a final order in your absence) (*the parts of the order in relation to which a hearing is not required will become final 3 months after the date on which this order was made, and the court may confirm the other parts of the order at the hearing.))

(*If another person who has an interest in the property and who has been given notice wishes to be heard, a hearing will be required even if you do not wish to be heard.
In that case, you will be notified of the hearing date.)
(*If this order is made while you and the applicant are living in the same dwellinghouse, this order will expire— (a) on its discharge by the court (although the order may still be- come final, or be confirmed by the court, as set out above); or on the discharge of a temporary protection order made in con- junction with this order; or (b) 118 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 18—continued (c) if no protection order has been made, and this order is not sooner discharged, 7 days after this order is made.)
Variation or discharge of this order You (or any other party) can apply to the court at any time— (a) to extend or reduce the period for which this order is in force; or to vary or discharge any terms and conditions imposed by the court; or to discharge this order.

(b) (c) Consequences of breach of this order If you breach this order by staying on the property, a warrant may be issued by a District Court authorising a bailiff or constable to remove you from the property.
If you stay or go on to the property in breach of this order, you may also commit the offence of trespass.

That offence carries a maximum penalty of 3 months’ imprisonment.

Advice If you need help, consult a lawyer or contact a District Court office immediately.

Office hours The office of the District Court is open from ...... to ...... on Mondays to Fridays inclusive.

*Delete or omit if inapplicable.


Important information for applicant Effect of temporary occupation order This order has been made without notice first being given to the re- spondent.

This order is a temporary order.


119 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form DV 18—continued (*If the respondent does nothing after being served, this order will (subject to notice being given to other persons with an interest in the property) automatically become a final order 3 months after the date on which it was made.

You will then be sent a copy of the final order.

The respondent may, however, give notice that he or she wishes to dispute this order.
In that case, a hearing will be held, and you will be notified of the hearing date.)

(*The court has directed that a hearing be held in relation to (*the whole of this order) (*specified parts of this order).

You are entitled to appear or be represented at the hearing to present your case to satisfy the court that (*the order should be made final) (*the parts of the order in relation to which the hearing is required should be part of the final order.
If the respondent does nothing, then (subject to action being taken by another person with an interest in the property) the parts of the order in relation to which a hearing is not required will become final 3 months after the date on which this order was made, and the court may confirm the other parts of the order at the hearing.))
(*If another person who has an interest in the property and who has been given notice wishes to be heard, a hearing will be required, even if the respondent does not wish to be heard.

In that case, you will be notified of the hearing date.)
(*If this order is made while you and the respondent are living in the same dwellinghouse, this order will expire— (a) on its discharge by the court (although the order may still be- come final, or be confirmed by the court, as set out above); or on the discharge of a temporary protection order made in con- junction with this order; or if no protection order has been made, and this order is not sooner discharged, 7 days after this order is made.)
(b) (c) Variation or discharge of this order You (or any other party) can apply to the court at any time— (a) to extend or reduce the period for which this order is in force; or 120 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 18—continued (b) (c) to vary or discharge any terms and conditions imposed by the court; or to discharge this order.
Consequences of breach of this order If the respondent breaches this order by staying on the property, a warrant may be issued by a District Court authorising a bailiff or constable to remove the respondent from the property.

If the respondent stays or goes on to the property in breach of this order, the respondent may also commit the offence of trespass.

That offence carries a maximum penalty of 3 months’ imprisonment.
Advice If you need help, consult a lawyer or contact a District Court office immediately.

Office hours The office of the District Court is open from ...... to ...... on Mondays to Fridays inclusive.

*Delete or omit if inapplicable.

Schedule 1 form DV 18: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
121 Schedule 1 Domestic Violence Rules 1996 Form DV 19 Occupation order Section 53, Domestic Violence Act 1995 Reprinted as at 28 October 2009 r 9 (General heading—Form DV 1) *Upon application the court makes an occupation order against [full name], the respondent.

*Upon application without notice the court made a temporary oc- cupation order against [full name], the respondent, on [date], which order is now final (*in whole) (*in part) (*with modifications) (*with- out modifications).
The court orders that [full name], the applicant, is entitled, to the exclusion of the respondent, to personally occupy the dwellinghouse at [full address], together with any land, buildings, or improvements appurtenant to the dwellinghouse which are used, or ordinarily would be used, for the purposes of a household.
*The court directs that the applicant is entitled to occupy the dwellinghouse for the period from ........... to ........... *The court also imposes the following terms and conditions relating to the occupation of the dwellinghouse: [set out any terms and con- ditions imposed].

Registrar: Date: *Delete or omit if inapplicable.


Important information for respondent Effect of occupation order This order is a final occupation order that lasts for the period specified in the order or, where no period is specified, indefinitely.
Variation or discharge of this order You (or any other party) can apply to the court at any time— (a) to extend or reduce the period for which this order is in force; or 122 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 19—continued (b) (c) to vary or discharge any terms and conditions imposed by the court; or to discharge this order.
Consequences of breach of this order If you breach this order by staying on the property, a warrant may be issued by a District Court authorising a bailiff or constable to remove you from the property.

If you stay or go on to the property in breach of this order, you may also commit the offence of trespass.

That offence carries a maximum penalty of 3 months’ imprisonment.

Advice If you need help, consult a lawyer or contact a District Court office immediately.
Office hours The office of the District Court is open from ...... to ...... on Mondays to Fridays inclusive.

Important information for applicant Effect of occupation order This order is a final occupation order that lasts for the period specified in the order or, where no period is specified, indefinitely.
Variation or discharge of this order You (or any other party) can apply to the court at any time— (a) to extend or reduce the period for which this order is in force; or to vary or discharge any terms and conditions imposed by the court; or to discharge this order.
(b) (c) 123 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form DV 19—continued Consequences of breach of this order If the respondent breaches this order by staying on the property, a warrant may be issued by a District Court authorising a bailiff or constable to remove the respondent from the property.

If the respondent stays or goes on to the property in breach of this order, the respondent may also commit the offence of trespass.
That offence carries a maximum penalty of 3 months’ imprisonment.

Advice If you need help, consult a lawyer or contact a District Court office immediately.

Office hours The office of the District Court is open from ...... to ...... on Mondays to Fridays inclusive.

Schedule 1 form DV 19: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
124 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 20 Temporary tenancy order Section 57, Domestic Violence Act 1995 r 9 (General heading—Form DV 1) Upon application without notice the court makes a temporary tenancy order against [full name], the respondent.
The court orders— (a) that the tenancy of the dwellinghouse at [full address] is vested in [full name], the applicant, upon and subject to the terms and conditions of the tenancy in force on [date on which order is made]; and that the respondent ceases to be a tenant.

(b) Registrar: Date: *Direction that hearing be held The court directs that there be a hearing in relation to this order.

Date of hearing I appoint [date] at ...... am (pm) at the District Court at [place] for this hearing.
Registrar: Date: *Delete or omit if inapplicable.

Important information for respondent Effect of temporary tenancy order The applicant has made an application to the court, and this order has been made without notice first being given to you.
A copy of the application and related papers— 125 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form DV 20—continued *(a) accompany this order; or *(b) will be served on you shortly; or *(c) may be obtained from (*the court that made the order) (*[spe- cify place]).

This order is a temporary order.


(*If you do nothing after being served, this order will (subject to notice being given to other persons with an interest in the property) automatically become a final order 3 months after the date on which it was made.

If you wish to dispute this order, you must notify the court as soon as possible.)

(*The court has directed that a hearing be held in relation to this order.

This hearing will take place whether or not you wish to appear.
If you wish to dispute any part of the order, you must notify the court as soon as possible.

If you do nothing, the court may make a final order in your absence.)

(*If another person who has an interest in the property and who has been given notice wishes to be heard, a hearing will be required even if you do not wish to be heard.

In that case, you will be notified of the hearing date.)
(*If this order is made while you and the applicant are living in the same dwellinghouse, this order will expire— (a) on its discharge by the court (although the order may still be- come final, or be substituted by a final order, as set out above); or on the discharge of a temporary protection order made in con- junction with this order; or if no protection order has been made, and this order is not sooner discharged, 7 days after this order is made.)
(b) (c) Discharge of this order You (or any other party) can apply to the court at any time to dis- charge this order and revest the tenancy.

The court cannot vary the terms and conditions of the tenancy itself.

126 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 20—continued Consequences of breach of this order If you breach this order by staying on the property, a warrant may be issued by a District Court authorising a bailiff or constable to remove you from the property.
If you stay or go on to the property in breach of this order, you may also commit the offence of trespass.

That offence carries a maximum penalty of 3 months’ imprisonment.

Advice If you need help, consult a lawyer or contact a District Court office immediately.

Office hours The office of the District Court is open from ...... to ...... on Mondays to Fridays inclusive.

*Delete or omit if inapplicable.


Important information for applicant Effect of temporary tenancy order This order has been made without notice first being given to the re- spondent.

This order is a temporary order.

(*If the respondent does nothing after being served, this order will (subject to notice being given to other persons with an interest in the property) automatically become a final order 3 months after the date on which it was made.

You will then be sent a copy of the final order.


The respondent may, however, give notice that he or she wishes to dispute this order.

In that case, a hearing will be held, and you will be notified of the hearing date.)

(*The court has directed that a hearing be held in relation to this order.

You are entitled to appear or be represented at the hearing to present your case to satisfy the court that the order should be made final.)
(*If another person who has an interest in the property and who has been given notice wishes to be heard, a hearing will be required, even 127 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form DV 20—continued if the respondent does not wish to be heard.

In that case, you will be notified of the hearing date.)
(*If this order is made while you and the respondent are living in the same dwellinghouse, this order will expire— (a) on its discharge by the court (although the order may still be- come final, or be substituted by a final order, as set out above); or on the discharge of a temporary protection order made in con- junction with this order; or if no protection order has been made, and this order is not sooner discharged, 7 days after this order is made.)
(b) (c) Discharge of this order You (or any other party) can apply to the court at any time to dis- charge this order and revest the tenancy.

The court cannot vary the terms and conditions of the tenancy itself.

Consequences of breach of this order If the respondent breaches this order by staying on the property, a warrant may be issued by a District Court authorising a bailiff or constable to remove the respondent from the property.
If the respondent stays or goes on to the property in breach of this order, the respondent may also commit the offence of trespass.

That offence carries a maximum penalty of 3 months’ imprisonment.

Advice If you need help, consult a lawyer or contact a District Court office immediately.

Office hours The office of the District Court is open from ...... to ...... on Mondays to Fridays inclusive.

*Delete or omit if inapplicable.


Schedule 1 form DV 20: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

128 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 21 Tenancy order Section 57, Domestic Violence Act 1995 r 9 (General heading—Form DV 1) *Upon application the court makes a tenancy order against [full name], the respondent.
*Upon application without notice the court made a temporary ten- ancy order against [full name], the respondent, on [date], which order is now final.

The court orders— (a) that the tenancy of the dwellinghouse at [full address] is vested in [full name], the applicant, upon and subject to the terms and conditions of the tenancy in force on [date on which order is made]; and that the respondent ceases to be a tenant.

(b) Registrar: Date: *Delete or omit if inapplicable.
Important information for respondent Effect of tenancy order This order is a final tenancy order that lasts indefinitely.

The applicant becomes the tenant of the dwellinghouse to which this order relates, subject to the terms and conditions of the tenancy in force at the time this order is made.

You cease to be a tenant.

Discharge of this order You (or any other party) can apply to the court at any time to dis- charge this order and revest the tenancy.
The court cannot vary the terms and conditions of the tenancy itself.

129 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form DV 21—continued Consequences of breach of this order If you breach this order by staying on the property, a warrant may be issued by a District Court authorising a bailiff or constable to remove you from the property.

If you stay or go on to the property in breach of this order, you may also commit the offence of trespass.
That offence carries a maximum penalty of 3 months’ imprisonment.

Advice If you need help, consult a lawyer or contact a District Court office immediately.

Office hours The office of the District Court is open from ...... to ...... on Mondays to Fridays inclusive.

Important information for applicant Effect of tenancy order This order is a final tenancy order that lasts indefinitely.
You become the tenant of the dwellinghouse to which this order relates, subject to the terms and conditions of the tenancy in force at the time this order is made.

The respondent ceases to be a tenant.

Discharge of this order You (or any other party) can apply to the court at any time to dis- charge this order and revest the tenancy.

The court cannot vary the terms and conditions of the tenancy itself.
Consequences of breach of this order If the respondent breaches this order by staying on the property, a warrant may be issued by a District Court authorising a bailiff or constable to remove the respondent from the property.

If the respondent stays or goes on to the property in breach of this order, the respondent may also commit the offence of trespass.

That offence carries a maximum penalty of 3 months’ imprisonment.
130 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 21—continued Advice If you need help, consult a lawyer or contact a District Court office immediately.

Office hours The office of the District Court is open from ...... to ...... on Mondays to Fridays inclusive.

Schedule 1 form DV 21: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
131 Schedule 1 Domestic Violence Rules 1996 Form DV 22 Temporary ancillary furniture order Section 63, Domestic Violence Act 1995 (General heading—Form DV 1) Reprinted as at 28 October 2009 r 9 an occupation order; or a tenancy order— Having made— *(a) *(b) on [date] in favour of [full name], the applicant, against [full name], the respondent, the court, upon application without notice, makes a temporary ancillary furniture order.
The court orders that the applicant is entitled, to the exclusion of the respondent, to the possession of— *(a) all of the furniture, household appliances, and household ef- fects in the dwellinghouse to which the (*occupation order) (*tenancy order) relates, which is situated at [full address]; or the following furniture, household appliances, and household effects in the dwellinghouse to which the (*occupation order) (*tenancy order) relates, which is situated at [full address]: [specify the items.
It is not necessary to specify every item as long as the items to which the order relates are readily as- certainable from the terms of this order].

*(b) that this order continues *The court directs .......... [specify duration if order made for specific period].

The court also imposes the following terms and conditions relating to the furniture, household appliances, and household effects to which this order relates: [set out any terms and conditions imposed].
in force for Registrar: Date: *Direction that hearing be held The court directs that there be a hearing in relation to (*the whole of this order) (*the following parts of this order: [specify parts]).

132 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 22—continued Date of hearing I appoint [date] at ...... am (pm) at the District Court at [place] for this hearing.

Registrar: Date: *Delete or omit if inapplicable.


Important information for respondent Effect of temporary ancillary furniture order The applicant has made an application to the court, and this order has been made without notice first being given to you.

A copy of the application and related papers— accompany this order; or *(a) *(b) will be served on you shortly; or *(c) may be obtained from (*the court that made the order) (*[spe- cify place]).

This order is a temporary order.


(*If you do nothing after being served, this order will (subject to notice being given to other persons with an interest in the property) automatically become a final order 3 months after the date on which it was made.

If you wish to dispute this order, you must notify the court as soon as possible.)

(*The court has directed that a hearing be held in relation to (*the whole of this order) (*specified parts of this order).
This hearing will take place whether or not you wish to appear.

If you wish to dispute any part of the order, you must notify the court as soon as possible.

If you do nothing (*the court may make a final order in your absence) (*the parts of the order in relation to which a hearing is not required will become final 3 months after the date on which this order was made, and the court may confirm the other parts of the order at the hearing.))
133 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form DV 22—continued (*If another person who has an interest in the property and who has been given notice wishes to be heard, a hearing will be required even if you do not wish to be heard.

In that case, you will be notified of the hearing date.)

[as directed by the court].


Duration of order This order continues in force for— *(a) 6 months from the date on which it is made; or *(b) This order expires if the (*occupation order) (*tenancy order) to which this order relates expires or is discharged.
(*If this order is made while you and the applicant are living in the same dwellinghouse, this order will expire— (a) on its discharge by the court (although the order may still be- come final, or be confirmed by the court, as set out above); or on the discharge of the (*occupation order) (*tenancy order) to which this order relates.)
(b) Variation or discharge of this order You (or any other party) can apply to the court at any time— (a) to extend or reduce any period specified by the court as the period for which this order is to be in force; or to vary the furniture, household appliances, and household ef- fects to which this order relates; or to vary or discharge any terms and conditions imposed by the court; or to discharge this order.
(b) (c) (d) Consequences of breach of this order This order may be enforced as if it were an order of the court for delivery of chattels made in the applicant’s favour.

The court can make further orders to ensure compliance with this order.

134 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 22—continued Advice If you need help, consult a lawyer or contact a District Court office immediately.
Office hours The office of the District Court is open from ...... to ...... on Mondays to Fridays inclusive.

*Delete or omit if inapplicable.

Important information for applicant Effect of temporary ancillary furniture order This order has been made without notice first being given to the re- spondent.

This order is a temporary order.


(*If the respondent does nothing after being served, this order will (subject to notice being given to other persons with an interest in the property) automatically become a final order 3 months after the date on which it was made.

You will then be sent a copy of the final order.

The respondent may, however, give notice that he or she wishes to dispute this order.

In that case, a hearing will be held, and you will be notified of the hearing date.)
(*The court has directed that a hearing be held in relation to (*the whole of this order) (*specified parts of this order).

You are entitled to appear or be represented at the hearing to present your case to satisfy the court that (*the order should be made final) (*the parts of the order in relation to which the hearing is required should be part of the final order.
If the respondent does nothing, then (subject to action being taken by another person with an interest in the property) the parts of the order in relation to which a hearing is not required will become final 3 months after the date on which this order was made, and the court may confirm the other parts of the order at the hearing.))
(*If another person who has an interest in the property and who has been given notice wishes to be heard, a hearing will be required, even 135 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form DV 22—continued if the respondent does not wish to be heard.

In that case, you will be notified of the hearing date.)

[as directed by the court].


Duration of order This order continues in force for— *(a) 6 months from the date on which it is made; or *(b) This order expires if the (*occupation order) (*tenancy order) to which this order relates expires or is discharged.
(*If this order is made while you and the respondent are living in the same dwellinghouse, this order will expire— (a) on its discharge by the court (although the order may still be- come final, or be confirmed by the court, as set out above); or on the discharge of the (*occupation order) (*tenancy order) to which this order relates.)
(b) Variation or discharge of this order You (or any other party) can apply to the court at any time— (a) to extend or reduce any period specified by the court as the period for which this order is to be in force; or to vary the furniture, household appliances, and household ef- fects to which this order relates; or to vary or discharge any terms and conditions imposed by the court; or to discharge this order.
(b) (c) (d) Consequences of breach of this order This order may be enforced as if it were an order of the court for delivery of chattels made in your favour.

The court can make further orders to ensure compliance with this order.

Advice If you need help, consult a lawyer or contact a District Court office immediately.
136 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 22—continued Office hours The office of the District Court is open from ...... to ...... on Mondays to Fridays inclusive.

*Delete or omit if inapplicable.


137 Schedule 1 Domestic Violence Rules 1996 Form DV 23 Ancillary furniture order Section 63, Domestic Violence Act 1995 (General heading—Form DV 1) Reprinted as at 28 October 2009 r 9 an occupation order; or a tenancy order— *Having made— *(a) *(b) on [date] in favour of [full name], the applicant, against [full name], the respondent, the court upon application makes an ancillary furni- ture order.
*Upon application without notice the court made a temporary ancil- lary furniture order in favour of [full name], the applicant, against [full name], the respondent, on [date], which order is now final (*in whole) (*in part) (*with modifications) (*without modification).
The court orders that the applicant is entitled, to the exclusion of the respondent, to the possession of— *(a) all of the furniture, household appliances, and household ef- fects in (*the dwellinghouse to which the (*occupation order) (*tenancy order) relates, which is situated at [full address]) (*the dwellinghouse situated at [full address]); or the following furniture, household appliances, and household effects in (*the dwellinghouse to which the (*occupation order) (*tenancy order) relates, which is situated at [full address]) (*the dwellinghouse situated at [full address]): It is not necessary to specify every item [specify the items.
as long as the items to which the order relates are readily ascertainable from the terms of this order].

*(b) that this order continues *The court directs .......... [specify duration if order made for specific period].

*The court also imposes the following terms and conditions relat- ing to the furniture, household appliances, and household effects to which this order relates: [set out any terms and conditions imposed].
in force for: Registrar: Date: 138 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 23—continued *Delete or omit if inapplicable.

Important information for respondent Effect of ancillary furniture order This is a final order that gives the applicant possession of the furni- ture, household appliances, and household effects to which it relates.

While this order remains in force, you are not entitled to possession of these items.
Duration of order This order continues in force for— *(a) 6 months from the date on which it is made; or *(b) This order expires if the (*occupation order) (*tenancy order) to which this order relates expires or is discharged.

[as directed by the court].


Variation or discharge of this order You (or any other party) can apply to the court at any time— (a) to extend or reduce any period specified by the court as the period for which this order is to be in force; or to vary the furniture, household appliances, and household ef- fects to which this order relates; or to vary or discharge any terms and conditions imposed by the court; or to discharge this order.
(b) (c) (d) Consequences of breach of this order This order may be enforced as if it were an order of the court for delivery of chattels made in the applicant’s favour.

The court can make further orders to ensure compliance with this order.

Advice If you need help, consult a lawyer or contact a District Court office immediately.
139 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form DV 23—continued Office hours The office of the District Court is open from ...... to ...... on Mondays to Fridays inclusive.

*Delete or omit if inapplicable.

Important information for applicant Effect of ancillary furniture order This is a final order that gives you possession of the furniture, house- hold appliances, and household effects to which it relates.
While this order remains in force, the respondent is not entitled to possession of these items.

Duration of order This order continues in force for— *(a) 6 months from the date on which it is made; or *(b) This order expires if the (*occupation order) (*tenancy order) to which this order relates expires or is discharged.

[as directed by the court].


Variation or discharge of this order You (or any other party) can apply to the court at any time— (a) to extend or reduce any period specified by the court as the period for which this order is to be in force; or to vary the furniture, household appliances, and household ef- fects to which this order relates; or to vary or discharge any terms and conditions imposed by the court; or to discharge this order.
(b) (c) (d) Consequences of breach of this order This order may be enforced as if it were an order of the court for delivery of chattels made in your favour.

The court can make further orders to ensure compliance with this order.

140 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 23—continued Advice If you need help, consult a lawyer or contact a District Court office immediately.
Office hours The office of the District Court is open from ...... to ...... on Mondays to Fridays inclusive.

*Delete or omit if inapplicable.


141 Schedule 1 Domestic Violence Rules 1996 Form DV 24 Temporary furniture order Section 67, Domestic Violence Act 1995 Reprinted as at 28 October 2009 r 9 (General heading—Form DV 1) Having made a protection order on [date] in favour of [full name], the applicant, against [full name], the respondent, the court, upon application without notice, makes a temporary furniture order.
The court orders that the applicant is entitled, to the exclusion of the respondent, to the possession of— *(a) all of the furniture, household appliances, and household ef- fects in the dwellinghouse situated at [full address]; or the following furniture, household appliances, and household effects in the dwellinghouse situated at [full address]: [specify the items.
It is not necessary to specify every item as long as the items to which the order relates are readily ascertainable from the terms of this order].

*(b) that this order continues *The court directs .......... [specify duration if order made for specific period].

*The court also imposes the following terms and conditions relat- ing to the furniture, household appliances, and household effects to which this order relates: [set out any terms and conditions imposed].
in force for Registrar: Date: *Direction that hearing be held The court directs that there be a hearing in relation to (*the whole of this order) (*the following parts of this order: [specify parts]).

Date of hearing I appoint [date] at .......... am (pm) at the District Court at [place] for this hearing.

142 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 24—continued Registrar: Date: *Delete or omit if inapplicable.
Important information for respondent Effect of temporary furniture order The applicant has made an application to the court, and this order has been made without notice first being given to you.

A copy of the application and related papers— *(a) accompany this order; or *(b) will be served on you shortly; or *(c) may be obtained from (*the court that made the order) (*[spe- cify place]).

This order is a temporary order.


(*If you do nothing after being served, this order will (subject to notice being given to other persons with an interest in the property) automatically become a final order 3 months after the date on which it was made.

If you wish to dispute this order, you must notify the court as soon as possible.)

(*The court has directed that a hearing be held in relation to (*the whole of this order) (*specified parts of this order).
This hearing will take place whether or not you wish to appear.

If you wish to dispute any part of the order, you must notify the court as soon as possible.

If you do nothing (*the court may make a final order in your absence) (*the parts of the order in relation to which a hearing is not required will become final 3 months after the date on which this order was made, and the court may confirm the other parts of the order at the hearing.))
(*If another person who has an interest in the property and who has been given notice wishes to be heard, a hearing will be required even if you do not wish to be heard.

In that case, you will be notified of the hearing date.)

143 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form DV 24—continued [as directed by the court].
Duration of order This order continues in force for— *(a) 6 months from the date on which it is made; or *(b) This order expires if the protection order to which this order relates expires or is discharged.
(*If this order is made while you and the applicant are living in the same dwellinghouse, this order will expire— (a) on its discharge by the court (although the order may still be- come final, or be confirmed by the court, as set out above); or on the discharge of the protection order to which this order relates.)
(b) Variation or discharge of this order You (or any other party) can apply to the court at any time— (a) to extend or reduce any period specified by the court as the period for which this order is to be in force; or to vary the furniture, household appliances, and household ef- fects to which this order relates; or to vary or discharge any terms and conditions imposed by the court; or to discharge this order.
(b) (c) (d) Consequences of breach of this order This order may be enforced as if it were an order of the court for delivery of chattels made in the applicant’s favour.

The court can make further orders to ensure compliance with this order.

Advice If you need help, consult a lawyer or contact a District Court office immediately.

Office hours The office of the District Court is open from ...... to ...... on Mondays to Fridays inclusive.
144 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 24—continued *Delete or omit if inapplicable.

Important information for applicant Effect of temporary furniture order This order has been made without notice first being given to the re- spondent.

This order is a temporary order.


(*If the respondent does nothing after being served, this order will (subject to notice being given to other persons with an interest in the property) automatically become a final order 3 months after the date on which it was made.

You will then be sent a copy of the final order.

The respondent may, however, give notice that he or she wishes to dispute this order.

In that case, a hearing will be held, and you will be notified of the hearing date.)
(*The court has directed that a hearing be held in relation to (*the whole of this order) (*specified parts of this order).

You are entitled to appear or be represented at the hearing to present your case to satisfy the court that (*the order should be made final) (*the parts of the order in relation to which the hearing is required should be part of the final order.
If the respondent does nothing, then (subject to action being taken by another person with an interest in the property) the parts of the order in relation to which a hearing is not required will become final 3 months after the date on which this order was made, and the court may confirm the other parts of the order at the hearing.))
(*If another person who has an interest in the property and who has been given notice wishes to be heard, a hearing will be required, even if the respondent does not wish to be heard.

In that case, you will be notified of the hearing date.)

Duration of order This order continues in force for— *(a) 6 months from the date on which it is made; or *(b) [as directed by the court].
145 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form DV 24—continued This order expires if the protection order to which this order relates expires or is discharged.

(*If this order is made while you and the respondent are living in the same dwellinghouse, this order will expire— (a) on its discharge by the court (although the order may still be- come final, or be confirmed by the court, as set out above); or on the discharge of the protection order to which this order relates.)
(b) Variation or discharge of this order You (or any other party) can apply to the court at any time— (a) to extend or reduce any period specified by the court as the period for which this order is to be in force; or to vary the furniture, household appliances, and household ef- fects to which this order relates; or to vary or discharge any terms and conditions imposed by the court; or to discharge this order.
(b) (c) (d) Consequences of breach of this order This order may be enforced as if it were an order of the court for delivery of chattels made in your favour.

The court can make further orders to ensure compliance with this order.

Advice If you need help, consult a lawyer or contact a District Court office immediately.

Office hours The office of the District Court is open from ...... to ...... on Mondays to Fridays inclusive.

*Delete or omit if inapplicable.


146 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 25 Furniture order Section 67, Domestic Violence Act 1995 r 9 (General heading—Form DV 1) *Having made a protection order on [date] in favour of [full name], the applicant, against [full name], the respondent, the court upon ap- plication makes a furniture order.
*Upon application without notice the court made a temporary furni- ture order in favour of [full name], the applicant, against [full name], the respondent, on [date], which order is now final (*in whole) (*in part) (*with modifications) (*without modification).
The court orders that the applicant is entitled, to the exclusion of the respondent, to the possession of— (a) all of the furniture, household appliances, and household ef- fects in the dwellinghouse situated at [full address]); or the following furniture, household appliances, and household effects in the dwellinghouse situated at [full address]: [specify the items.
It is not necessary to specify every item as long as the items to which the order relates are readily ascertainable from the terms of this order].

(b) that this order continues *The court directs .......... [specify duration if order made for specific period].

*The court also imposes the following terms and conditions relat- ing to the furniture, household appliances, and household effects to which this order relates: [set out any terms and conditions imposed].
in force for Registrar: Date: *Delete or omit if inapplicable.

Important information for respondent Effect of furniture order This is a final order that gives the applicant possession of the furni- ture, household appliances, and household effects to which it relates.

147 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form DV 25—continued While this order remains in force, you are not entitled to possession of these items.
Duration of order This order continues in force for— (a) (b) This order expires if the protection order to which this order relates expires or is discharged.

6 months from the date on which it is made; or [as directed by the court].
Variation or discharge of this order You (or any other party) can apply to the court at any time— (a) to extend or reduce any period specified by the court as the period for which this order is to be in force; or to vary the furniture, household appliances, and household ef- fects to which this order relates; or to vary or discharge any terms and conditions imposed by the court; or to discharge this order.
(b) (c) (d) Consequences of breach of this order This order may be enforced as if it were an order of the court for delivery of chattels made in the applicant’s favour.

The court can make further orders to ensure compliance with this order.

Advice If you need help, consult a lawyer or contact a District Court office immediately.

Office hours The office of the District Court is open from ...... to ...... on Mondays to Fridays inclusive.

*Delete or omit if inapplicable.


148 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 25—continued Important information for applicant Effect of furniture order This is a final order that gives you possession of the furniture, house- hold appliances, and household effects to which it relates.

While this order remains in force, the respondent is not entitled to possession of these items.
Duration of order This order continues in force for— *(a) 6 months from the date on which it is made; or *(b) This order expires if the protection order to which this order relates expires or is discharged.

[as directed by the court].


Variation or discharge of this order You (or any other party) can apply to the court at any time— (a) to extend or reduce any period specified by the court as the period for which this order is to be in force; or to vary the furniture, household appliances, and household ef- fects to which this order relates; or to vary or discharge any terms and conditions imposed by the court; or to discharge this order.
(b) (c) (d) Consequences of breach of this order This order may be enforced as if it were an order of the court for delivery of chattels made in your favour.

The court can make further orders to ensure compliance with this order.

Advice If you need help, consult a lawyer or contact a District Court office immediately.
149 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form DV 25—continued Office hours The office of the District Court is open from ...... to ...... on Mondays to Fridays inclusive.

*Delete or omit if inapplicable.
150 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 26 Objection to direction to attend programme Section 36, Domestic Violence Act 1995 r 83(1) (General heading—Form DV 1) I, [full name], (*the respondent) (*the associated respondent) under the temporary protection order made on [date] in favour of [full name], the applicant, against (*me) (*[full name of respondent if objection made by associated respondent], the respondent), object to the direction that I attend a programme.
I request— *(a) *(b) that the direction be discharged; or that the terms of the direction be varied as follows: [give de- tails of variation sought].

Statement in support I say: [set out sufficient information to inform the court of the reasons for seeking the discharge or variation].

I wish to be heard at a hearing.

or I do not wish to be heard at a hearing.

Include any other relevant information that may assist the court.
Signature of objector: Date: To the Registrar District Court [Place] and To the applicant This objection is filed by ........... whose address for service is at [address].

151 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form DV 26—continued *Date of hearing The Registrar is to complete the following appointment for hearing if an appearance is necessary or required.

I appoint [date] at .......... am (pm) at the District Court at [place] for this hearing of this objection.
Registrar: Date: *Delete or omit if inapplicable.

Notes Advice If you need help, consult a lawyer or contact a District Court office immediately.

Office hours The office of the District Court is open from ...... to ...... on Mondays to Fridays inclusive.
152 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 27 Notice of result of objection to direction to attend programme Section 37, Domestic Violence Act 1995 r 85 (General heading—Form DV 1) After considering the objection of [full name], (*the respondent) (*the associated respondent) under the temporary protection order made on [date] in favour of [full name], the applicant, against (*the objector) (*[full name of respondent if objection made by associated respondent], the respondent), that the objector attend a programme, the court— *(a) confirms the direction.
The terms of the direction are as fol- lows: [set out terms of the direction confirmed]; or confirms the direction but varies the terms of the direction as follows: [set out terms of the variation].

The terms of the di- rection, as varied, are as follows: [set out terms of the direc- tion, as varied]; or *(c) discharges the direction.

*(b) Registrar: Date: *Delete or omit if inapplicable.
Important information for respondent or associated respondent where direction confirmed or varied Consequences of failure to comply with direction If, without reasonable excuse, you fail to comply with a direction to attend a programme, you commit an offence.

The maximum penalty for this offence is 6 months’ imprisonment or a fine not exceeding $5,000, or both.

Advice If you need help, consult a lawyer or contact a District Court office immediately.
153 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form DV 27—continued Office hours The office of the District Court is open from ...... to ...... on Mondays to Fridays inclusive.

*Delete or omit if inapplicable.


154 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 1 Form DV 28 Request by programme provider for variation of direction to attend programme Section 41, Domestic Violence Act 1995 r 86 (General heading—Form DV 1) To the Registrar District Court [Place] This request relates to the protection order made on [date] in favour of [full name], the applicant, against [full name], the respondent (*and [full name], the associated respondent).
The court has directed that (*the respondent) (*the associated re- spondent) attend a programme.

I, [name of programme provider], the provider of that programme, request that the direction be varied by substituting a different pro- [Set out any recommendation as to the alternative pro- gramme.

gramme.]

*I believe that the programme is not appropriate for (*the respondent) (*the associated respondent), having regard to *his/*her character and personal history (*and to other relevant circumstances).
*I consider that (*the respondent) (*the associated respondent) is not participating fully in the programme, and that this is significantly affecting *his/*her ability to benefit fully from the programme.

Statement in support I say: [set out sufficient information to inform the court of the facts relied on in support of the request, including grounds for the belief that the programme is inappropriate or, where applicable, details of the failure to participate].
Signature of programme provider: Date: *Delete or omit if inapplicable.

155 Schedule 1 Domestic Violence Rules 1996 Reprinted as at 28 October 2009 Form DV 29 Notice of registration of foreign protection order Section 97, Domestic Violence Act 1995 r 92 (General heading—Form DV 1) To [name of respondent] [Address] I have today registered in this court an order made on the application of [full name of applicant] at [place where foreign order made] on [date].
The order protects the following people: [full names of protected persons].

Now that this order has been registered in New Zealand, it will be treated like a protection order made by a court here.

A copy of a New Zealand protection order is attached to this notice.

While you are in New Zealand, you must comply with the conditions set out in that order.

Registrar: Date: Copy of New Zealand protection order to be attached, including Important information for respondent.
Notes Advice If you need help, consult a lawyer or contact a District Court office immediately.

Office hours The office of the District Court is open from ...... to ...... on Mondays to Fridays inclusive.
156 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Schedule 2 Schedule 2 Provisions of the District Courts Rules that do not apply to proceedings under the Act r 7 Rules 5, 6, 11, 12, 30–32, 74, 103, 112, 113, 126, 127, 130–132, 151–167, 208, 210, 214, 219, 228, 236, 239, 251–253, 255–257, 260, 261, 263, 266–272, 332, 426–430, 439–451, 483, 496(3), 531, 610, and 631–648.

Marie Shroff, Clerk of the Executive Council.

Issued under the authority of the Acts and Regulations Publication Act 1989.
Date of notification in Gazette: 13 June 1996.

157 Notes Domestic Violence Rules 1996 Reprinted as at 28 October 2009 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 Rules 1996.
The reprint incorporates all the amendments to the rules as at 28 October 2009, 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 prin- cipal enactment and its amendments are contained.

How reprints are prepared A number of editorial conventions are followed in the prep- aration of reprints.

For example, the enacting words are not included in Acts, and provisions that are repealed or revoked 5 Notes 1 2 3 158 Reprinted as at 28 October 2009 Domestic Violence Rules 1996 Notes are omitted.
For a detailed list of the editorial conventions, 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.
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 legisla- tion 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 au- thority 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”) 159 • • • • Notes Domestic Violence Rules 1996 Reprinted as at 28 October 2009 • • • • • • • 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: • format of headings (eg, headings where each word formerly appeared with an initial cap- ital letter followed by small capital 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 ref- erences are now capital letters • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accord- ingly running heads (the information that appears at the top of each page) format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chrono- logical).
5 List of amendments incorporated in this reprint (most recent first) Domestic Violence Amendment Act 2009 (2009 No 43): section 10 Domestic Violence Amendment Rules 2009 (SR 2009/189) Policing Act 2008 (2008 No 72): section 116(a)(ii), (v) Relationships (Statutory References) Act 2005 (2005 No 3): section 12 Corrections Act 2004 (2004 No 50): section 207 Domestic Violence Amendment Rules (No 2) 2002 (SR 2002/260) Domestic Violence Amendment Rules 2002 (SR 2002/185) Domestic Violence Amendment Rules 1997 (SR 1997/10) 160 Reprinted as at 28 October 2009 12 Domestic Violence Rules 1996 Notes Wellington, New Zealand: Published under the authority of the New Zealand Government—2010 161