Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698836800562.pdf (New Zealand)
Victims’ Orders Against Violent Offenders Bill Government Bill Explanatory note General policy statement The Bill establishes a mechanism for a victim of a violent offence (which includes an offence of a sexual nature) to obtain a non-contact order against the offender in any case where the offender has been convicted of the offence and sentenced to imprisonment for 5 years or more.
A close family member of a victim who, as a result of the offence, dies or is incapable is also able to obtain a non-contact order.

A non-contact order prohibits an offender from having any form of contact with a victim and may also prohibit the offender from en- tering any specified area, or from living or working in any specified area.
When making a non-contact order, the District Court is also able to impose any conditions or directions in relation to any prohib- ition that it considers reasonably necessary in the circumstances.

An application for a non-contact order cannot, however, be made by a victim if there is in force a protection order against the offender under the Domestic Violence Act 1995 or a restraining order against the offender under the Harassment Act 1997 and the victim is protected under the order.
This new mechanism is established to recognise the ongoing effects of violent offences on victims.

For these victims, fear and anxiety 126—1 2 Victims’ Orders Against Violent Offenders Bill Explanatory note about unwanted contact with the offender can impair their recovery and ability to enjoy a normal life.

It will be an offence to breach a non-contact order, with a maximum penalty of up to 2 years’ imprisonment for repeated breaches.
Regulatory impact statement The Ministry of Justice produced a regulatory impact statement on 12 September 2012 to help inform the main policy decisions taken by the Government relating to the contents of this Bill.

A copy of this regulatory impact statement can be found at— • http://www.justice.govt.nz/policy/regulatory-impact-state- ments http://www.treasury.govt.nz/publications/informationre- leases/ris • Clause by clause analysis Clause 1 is the Title clause.
Clause 2 is the commencement clause and provides that the Bill comes into force on the day that is 6 months after the date on which it receives the Royal assent.

The delayed commencement of the Bill is necessary in order to allow sufficient time to update computer sys- tems and to introduce and implement new procedures.

Part 1 Preliminary provisions Clause 3 sets out the purpose of the Bill.

Clause 4 defines certain terms used in the Bill, including non-contact order, victim, and violent offence.
Clause 5 defines violent offender.

A violent offender is a person who has been convicted of a violent offence that affected the victim and who has been sentenced to a term of imprisonment of 5 years or more.

Clause 6 provides that the Act binds the Crown.


Explanatory note Victims’ Orders Against Violent Offenders Bill 3 Part 2 Non-contact orders Clause 7 provides that a victim may apply to a District Court for a non-contact order in respect of a violent offender, and that an appli- cation may be made at any time after the offender is released from prison.
However, a victim may not apply for a non-contact order if there is in force a protection order against the offender under the Do- mestic Violence Act 1995 or a restraining order against the offender under the Harassment Act 1997 and the victim is protected under the order.

Clause 8 requires the Commissioner of Police and the chief executive of the Department of Corrections, if they know the full name and address of the offender, to disclose that information to the Registrar of a court if so requested.
Clause 9 sets out the matters the court must be satisfied of before making a non-contact order.

A non-contact order may be made against a violent offender even if there has previously been a non-contact order in force against the offender made on the appli- cation of the same victim.

Clause 10 provides that the court may make a non-contact order even though the offender is subject to release conditions or standard ex- tended supervision conditions.

Clause 11 sets out the effect of a non-contact order.
A non-contact order prohibits the offender against whom it is made from having any form of contact with the victim.

In addition, the court may prohibit the offender entering, living, or working in a specified area.

Clause 12 provides that a non-contact order commences on the day on which it is served on the offender against whom the order is made.

Clause 13 provides that a non-contact order continues in force for such period as the court may specify unless it is earlier discharged.
If no period is specified by the court, the order continues in force for 2 years.

Clause 14 provides for a non-contact order to be varied by the court, if it thinks fit, on the application of the victim or of the offender against whom the order is made.

Clause 15 provides for a non-contact order to be discharged by the court, if it thinks fit, on the application of the victim or of the offender against whom the order is made.
4 Victims’ Orders Against Violent Offenders Bill Explanatory note Clause 16 provides that the court may dismiss proceedings for the variation or discharge of a non-contact order if it is satisfied that the proceedings are frivolous, vexatious, or an abuse of court proced- ure.

If the court is satisfied that any person has persistently instituted vexatious proceedings, the court may make an order prohibiting that person from commencing proceedings without the leave of the court.
Clause 17 requires the Registrar of the court to ensure that a copy of every non-contact order, and every order varying or discharging a non-contact order, is made available to the constable in charge of the Police station nearest to where the victim resides.

Clause 18 provides that it is an offence to breach a non-contact order and sets out the penalty.

Clause 19 provides for the arrest, without warrant, of any offender who is suspected of breaching a non-contact order.
Clause 20 is a rule-making provision.

Clause 21 amends the Criminal Procedure Act 2011 to enable regula- tions to be made that provide for information relating to a conviction for breach of a non-contact order to be made available to the court in which the non-contact order was made.
Hon Judith Collins Victims’ Orders Against Violent Offenders Bill Government Bill Contents Title Commencement Part 1 Preliminary provisions Purpose Interpretation Meaning of violent offender or offender Act binds the Crown Part 2 Non-contact orders Applications Application for non-contact order Disclosure of offender’s address Making non-contact orders Power to make non-contact order Existence of conditions imposed by Board or court not to preclude making of non-contact order Effect of non-contact orders Effect of non-contact order Commencement of non-contact orders Commencement of non-contact order 126—1 Page 2 2 2 3 5 5 5 6 6 7 7 8 1 cl 1 Victims’ Orders Against Violent Offenders Bill Duration, variation, and discharge of non-contact orders Duration of non-contact order Power to vary non-contact order Power to discharge non-contact order Vexatious proceedings Enforcement of non-contact orders Copies of orders to be sent to Police Offence to breach non-contact order Power to arrest for breach of non-contact order Rules of court Rules Sharing of information relating to criminal proceedings Amendment to Criminal Procedure Act 2011 8 8 9 9 9 10 10 11 11 The Parliament of New Zealand enacts as follows: Title This Act is the Victims’ Orders Against Violent Offenders Act 2013.
Commencement This Act comes into force on the day that is 6 months after the date on which it receives the Royal assent.

5 Part 1 Preliminary provisions 10 Purpose The purpose of this Act is to reduce the likelihood of a vic- tim of a violent offence coming into contact with the offender subsequent to the offender’s release from prison in any case where that contact would be detrimental to the victim.
To achieve this purpose, the Act empowers the court, on the 15 application of a victim, to make a non-contact order prohibit- ing the offender from having any form of contact with the vic- tim.
1 2 3 (1) (2) 2 Victims’ Orders Against Violent Offenders Bill Part 1 cl 4 4 Interpretation In this Act, unless the context otherwise requires,— Board has the meaning given to it by section 4(1) of the Parole Act 2002 child means a boy or girl under the age of 14 years court means a District Court, and includes a District Court Judge immediate family, in relation to a victim,— (a) means a member of the victim’s family, whānau, or 5 (b) other culturally recognised family group, who is in a 10 close relationship with the victim at the time of the vio- lent offence; and to avoid doubt, includes a person who is— (i) the victim’s spouse, civil union partner, or de facto partner; or the victim’s child or stepchild; or the victim’s brother or sister or stepbrother or stepsister; or a parent or step-parent of the victim; or a grandparent of the victim 15 20 (ii) (iii) (iv) (v) incapable, in relation to a person,— (a) means that the person— (i) (ii) lacks, wholly or partly, the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to his or 25 her personal care and welfare; or has the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to his or her personal care and welfare, but wholly lacks the capacity to commu- 30 nicate decisions in respect of matters of that kind; and (b) includes the person being in a state of continuing un- consciousness non-contact order means an order made under section 10 standard extended supervision conditions means the stand- ard extended supervision conditions set out in section 107JA of the Parole Act 2002 35 3 Part 1 cl 4 Victims’ Orders Against Violent Offenders Bill release conditions has the meaning given to it by section 4(1) of the Parole Act 2002 victim— (a) means— (i) (ii) (iii) (iv) 10 a person against whom a violent offence is com- 5 mitted by another person; and a person who, through or by means of a vio- lent offence committed by another person, suf- fers
 physical injury, or loss of, or damage to, property; and a parent or legal guardian of a child, or of a young person, who falls within subparagraph (i) or (ii), unless that parent or guardian is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the violent offence con- 15 cerned; and a member of the immediate family of a person who, as a result of a violent offence committed by another person, dies or is incapable, unless that member is charged with the commission of, 20 or convicted or found guilty of, or pleads guilty to, the violent offence concerned; but (b) despite paragraph (a), if a violent offence is commit- ted by a person, does not include any other person who (whether as a principal or party or accessory after the 25 fact or otherwise)— (i) is charged with the commission of, or convicted or found guilty of, that offence; or is charged with the commission of, or convicted or found guilty of, an offence relating to the same 30 incident or series of incidents as that offence (ii) violent offence has the meaning given to serious violent of- fence by section 86A of the Sentencing Act 2002 violent offender or offender has the meaning given to it by section 5 young person means a boy or girl of or over the age of 14 years but under 17 years, but does not include a person who is or has been married or is in a civil union.
35 4 Victims’ Orders Against Violent Offenders Bill Part 2 cl 7 5 (1) (2) Meaning of violent offender or offender In this Act, violent offender or offender, in relation to a vic- tim, means a person who at any time— (a) has been convicted of a violent offence that affected the victim; and has been sentenced to a term of imprisonment of 5 years or more in respect of that offence.
(b) 5 For the purposes of subsection (1)(b), it does not matter if,— at the time the sentence of imprisonment was imposed, (a) the person was already subject to a term of imprison- 10 ment for another offence or offences; or the sentence of imprisonment was imposed concur- rently with another sentence of imprisonment for another offence or offences.

(b) 6 Act binds the Crown This Act binds the Crown.
Part 2 Non-contact orders Applications Application for non-contact order 7 (1) A victim may make an application to the court for a non-con- tact order in respect of a violent offender at any time after the offender has been released from prison.
(2) However, a victim may not make an application under sub- 15 20 25 section (1) if— (a) there is in force a protection order against the offender made under the Domestic Violence Act 1995 and the victim is a protected person under that order; or there is in force a restraining order against the offender made under the Harassment Act 1997 for the protection 30 of the victim.
(b) (3) For the purposes of subsection (2), protected person has the meaning given to it by section 2 of the Domestic Violence Act 1995.
5 Part 2 cl 8 Victims’ Orders Against Violent Offenders Bill 8 (1) Disclosure of offender’s address This section applies if— (a) (b) (c) an application for a non-contact order is made by a vic- tim; and the victim does not know the full name or address of the 5 offender; and the Registrar of the court in which the application is made has good reason to believe that the full name and address of the offender is known to— (i) (ii) the Commissioner of Police: the chief executive of the Department of Correc- tions.
10 (2) If this section applies, the Registrar may request either or both of the persons specified in subsection (1)(c) to supply to the Registrar the full name and address of the offender.

(3) As soon as practicable after receiving a request under subsec- 15 20 tion (2), a person must— (a) (b) respond to that request; and supply to the Registrar the information requested if that information is known.
If information is supplied to the Registrar under subsection (3), court staff— (a) must treat that information as confidential; and (b) must not disclose the information other than to— (i) (ii) (iii) effect service of the application on the offender; 25 and enable the court to consider the victim’s applica- tion; and effect service of any order made under section 9 on the offender.
30 Making non-contact orders Power to make non-contact order The court may make a non-contact order if it is satisfied that— there are ongoing effects of the offending for the victim; (a) and 35 (4) 9 (1) 6 Victims’ Orders Against Violent Offenders Bill Part 2 cl 11 (2) 10 (b) (c) (d) the possibility of contact between the victim and the violent offender will be detrimental to the victim’s abil- ity to deal with those effects; and the making of the order is reasonably necessary to avoid contact between the victim and the violent offender; and 5 taking into account all of the circumstances, the making of the order is justified.
The court may make a non-contact order under subsection (1) in respect of a violent offender, even if there has previously been a non-contact order in force against the offender, on the 10 application of the same, or any other, victim.
Existence of conditions imposed by Board or court not to preclude making of non-contact order A court may make a non-contact order even if the violent of- fender is subject to any of the following types of conditions 15 imposed by the Board or the sentencing court in relation to the violent offence that affected the victim: (a) (b) release conditions: standard extended supervision conditions.
Effect of non-contact orders 20 Effect of non-contact order 11 (1) A non-contact order prohibits the offender against whom it is made from— (a) doing, or threatening to do, any of the following: (i) watching, loitering near, or preventing or hinder- 25 ing access to or from the protected victim’s place of residence, business, employment, educational institution, or any other place that the offender knows the victim visits often; or following, stopping, or accosting the victim; or (ii) (iii) making contact with the victim (whether by tele- phone, email, correspondence, or any other way); or giving offensive material to the victim, or leav- ing offensive material where it will be found by, 35 (iv) 30 7 Part 2 cl 12 Victims’ Orders Against Violent Offenders Bill given to, or brought to the attention of the victim; and encouraging any other person to do any of the acts spe- cified in paragraph (a) to the victim, where those acts, if done by the offender, would be prohibited by the 5 order; and entering any area that may be specified by the court; and residing within any area that may be specified by the court; and engaging in employment in any area that may be speci- 10 fied by the court.
(b) (c) (d) (e) (2) When making a non-contact order, the court may, in relation to any of the prohibitions in subsection (1), impose any con- ditions or make any directions that it considers reasonably ne- cessary in the circumstances.

15 Commencement of non-contact orders 12 Commencement of non-contact order A non-contact order commences on the day on which it is served on the offender against whom the order is made.
Duration, variation, and discharge of non-contact orders Duration of non-contact order 13 (1) A non-contact order may be made for such period (whether longer or shorter than 2 years) as the court may specify.

(2) A non-contact order continues in force until— (a) (b) (c) it is discharged under section 15; or the expiry of the period specified by the court; or if no period is specified by the court, the expiry of 2 years from the date on which the order commences.
20 25 Power to vary non-contact order The court may, if it thinks fit, vary a non-contact order on the application of the victim or the offender against whom the order is made— (a) by varying or discharging a prohibition specified in 1 or more of the following: 30 35 14 (1) 8 Victims’ Orders Against Violent Offenders Bill Part 2 cl 17 section 11(1)(c): section 11(1)(d): section 11(1)(e): (i) (ii) (iii) by reducing or extending the duration of the order, whether by specifying a period under section 13(1) or 5 by reducing or extending any such specified period.
(b) The court must not extend the duration of a non-contact order under this section unless the court is satisfied that the extension is, in all of the circumstances, justified.

Power to discharge non-contact order The court may, if it thinks fit, discharge a non-contact order on the application of the victim or the offender against whom the order is made.
10 (2) 15 Vexatious proceedings 16 (1) A court may dismiss any proceedings before it under section 15 frivolous; or vexatious; or an abuse of the procedure of the court.
14 or 15 if it is satisfied that they are— (a) (b) (c) If a court is satisfied that a person has persistently instituted 20 vexatious proceedings under section 14 or 15, the court may, after giving the person an opportunity to be heard, make an order prohibiting the person from commencing any proceed- ings under those sections without the leave of the court.
Enforcement of non-contact orders Copies of orders to be sent to Police This section applies to the following orders: (a) (b) (c) a non-contact order; and an order varying a non-contact order; and an order discharging a non-contact order.

(2) On the making of an order to which this section applies, the Registrar of the court in which the order is made must ensure that a copy of the order is made available, without delay, to the constable in charge of the Police station nearest to where the victim resides.
25 30 35 9 (2) 17 (1) Part 2 cl 18 Victims’ Orders Against Violent Offenders Bill (3) For the purposes of this section, a copy of an order may be made available in any of the following ways: (a) by sending the copy by means of electronic transmis- sion (whether by fax, email, or other similar means of communication): by entering the copy on a database maintained in elec- tronic form, where that database may be accessed by the constable to whom the copy is required to be made available: by sending the order by ordinary post: by making the copy available in such other manner as is appropriate in the circumstances.
(b) (c) (d) 5 10 Offence to breach non-contact order 18 (1) An offender against whom a non-contact order is made com- mits an offence if the offender, without reasonable excuse, 15 does anything prohibited by the order.

(2) An offender who is convicted of an offence against this section is liable on conviction to— (a) (b) imprisonment for a term not exceeding 6 months; or a fine not exceeding $5,000.
20 (3) However, an offender who is convicted of an offence against this section is liable to imprisonment for a term not exceeding 2 years if— (a) that offender has 2 or more previous convictions for offences against this section in relation to a non-contact 25 order made on the application of the same victim; and at least 2 of those offences were committed not earlier than 3 years before the commission of the offence being dealt with by the court.
(b) Power to arrest for breach of non-contact order If a non-contact order is in force, any constable may arrest, without warrant, any person who the constable has good cause to suspect has breached the non-contact order.
30 19 10 Victims’ Orders Against Violent Offenders Bill Part 2 cl 21 Rules 20 (1) Rules of court In addition to all the other powers conferred by the District Courts Act 1947, the Governor-General may from time to time, by Order in Council, make rules— (a) regulating the practice and procedure of District Courts in proceedings under this Act: providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.
(b) 5 10 (2) Without limiting subsection (1), rules made under that sub- section may— (a) prescribe such forms as are necessary for the purposes of this Act, or authorise any specified person or persons to prescribe or approve forms, and require the use of 15 such forms: apply, with or without modification, provisions of the District Courts Rules 2009.
(b) In the absence of any rules under this section or in any situ- ation not covered by such rules, the District Courts Rules 2009 20 apply, with all necessary modifications, to proceedings under this Act.

Sharing of information relating to criminal proceedings Amendment to Criminal Procedure Act 2011 This section amends the Criminal Procedure Act 2011.

In section 387(1)(h) replace “or the Harassment Act 1997” with “, the Harassment Act 1997, or the Victims’ Orders Against Violent Offenders Act 2013”.
25 (3) 21 (1) (2) 12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2013 11