Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698830629291.pdf (New Zealand)
Domestic Violence Amendment Bill (No 2) Government Bill As reported from the committee of the whole House This bill was formerly part of the Family Court Proceedings Reform Bill as reported from the Justice and Electoral Committee.
The com- mittee of the whole House has further amended the bill and divided it into the following bills: • Care of Children Amendment Bill (No 2) comprising clauses 1 and 2, and Part 1 Child Support Amendment Bill (No 3) comprising subpart 1 of Part 5 Children, Young Persons, and Their Families Amendment Bill (No 2) comprising subpart 2 of Part 5 this bill comprising Part 2 Family Courts Amendment Bill comprising subpart 2A of Part 5 Family Dispute Resolution Bill comprising Part 3 Family Proceedings Amendment Bill (No 2) comprising sub- part 3 of Part 5 Legal Services Amendment Bill (No 2) comprising Part 4 Property (Relationships) Amendment Bill (No 2) comprising subpart 4 of Part 5 • • • • • • • • 90—3D 2 • Domestic Violence Amendment Bill (No 2) Protection of Personal and Property Rights Amendment Bill comprising subpart 5 of Part 5 Domestic Violence Amendment Bill (No 2) Key to symbols used in reprinted bill As reported from the committee of the whole House text inserted text deleted Hon Judith Collins Domestic Violence Amendment Bill (No 2) Government Bill Contents 1 2 33 34 35 36 36A 36B 37 50A 51 52 52A Title Commencement · · · · · Principal Act Section 2 amended (Interpretation) Section 3 amended (Meaning of domestic violence) Section 5 amended (Object) Section 13 amended (Application without notice for protection order) Section 19 amended (Standard conditions of protection order) Sections 29 to 44 and cross-heading above section 29 repealed Section 46 amended (Power to vary protection order) Section 49 amended (Offence to breach protection order) Section 49A repealed (Offence to fail to comply with direction) New Part 2A inserted Part 2A Programmes 51A Interpretation Approval of service providers 51B Service providers 90—3D Page 3 3 4 4 4 4 4 5 5 5 5 5 6 6 7 1 Domestic Violence Amendment Bill (No 2) 51C Safety programmes for protected persons Safety programmes 51F 51E 51D 51G 51H 51I Non-violence programmes Direction to attend assessment and non-violence programme Direction to attend non-violence
 programme made on application without notice Court may confirm or discharge direction after considering objection made under section 51E Referral of respondent to service provider Service provider to meet with respondent Service provider to notify Registrar about safety concerns Referral to different service provider Judge may discharge direction to attend non-violence programme in certain cases Service provider and respondent to settle terms of attendance at non-violence programme 51M Notice to be given to court if continued provision of non-violence programme inappropriate 51J 51K 51L Non-compliance with direction to attend assessment and non-violence programme Notice of non-compliance with direction Powers of Registrar on receipt of notice under section 51N Judge may call respondent before court Respondent called before court Completion of non-violence programme Notice of completion and outcome of non-violence programme Confidentiality of information Confidentiality of information disclosed to service provider 51N 51O 51P 51Q 51R 51S Enforcement of directions 51T Offence to fail to comply with direction Section 76 amended (Respondent to notify intention to appear) Section 77 amended (Procedure where respondent does not require hearing) 52B 52C 2 7 8 8 9 9 10 10 10 11 11 12 13 13 14 14 14 15 16 16 16 Domestic Violence Amendment Bill (No 2) cl 2 53 54 54A 55 Section 81 amended (Court may appoint lawyer) Section 127 amended (Regulations) Cross-heading above section 133 replaced New sections 134 to 138 and cross-heading inserted Transitional provisions applying on enactment of Part 2 of Family Court Proceedings Reform Act 2013 134 135 136 137 138 Programmes requested or directed before commencement of this section Referrals to programme providers before commencement of this section Programmes arranged or in progress before commencement of this section Proceedings commenced before commencement of this section but not completed Approval panel disestablished · · · · · 16 17
 17 18 18 19 20 21 21 The Parliament of New Zealand enacts as follows: 1 2 (1) (2) Title This Act is the Domestic Violence Amendment Act 2013.
Commencement The following provisions come into force on the day after the 5 date on which this Act receives the Royal assent: (a) (b) (c) section 35: section 51(1): section 52A, to the extent only that it inserts the Part 2A heading, new sections 51A and 51B, and the 10 cross-heading above section 51B into the principal Act: section 54(1).
(d) The rest of this Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more 15 Orders in Council may be made bringing different provisions into force on different dates.

3 cl 33 Domestic Violence Amendment Bill (No 2) (3) Any provision that has not earlier been brought into force comes into force on 1 October 2014.

· · · · · 33 34 (1) (2) (2) 35 36 (1) (2) Principal Act This Part amends the Domestic Violence Act 1995 (the prin- cipal Act).
5 Section 2 amended (Interpretation) In section 2, insert in its appropriate alphabetical order: “contact has the meaning given to it by section 8 of the Care of Children Act 2004”.

In section 2, repeal the definitions of: (a) (b) (c) In section 2, repeal the definitions of approved agency, pro- gramme, and programme provider.

approved agency: programme: programme provider.


10 15 Section 3 amended (Meaning of domestic violence) After section 3(2)(c)(iv), insert: “(iva) financial or economic abuse (for example, deny- ing or limiting access to financial resources, or preventing or restricting employment opportun- 20 ities or access to education):”.

Section 5 amended (Object) In section 5(2)(c), replace “programmes” with “safety pro- grammes”.

In section 5(2)(d), replace “programmes” with “non-violence 25 programmes”.
36A Section 13 amended (Application without notice for protection order) Replace section 13(4)(e) with: (1) 4 Domestic Violence Amendment Bill (No 2) cl 52 “(e) where a direction is made under section 51D, in re- spect of the respondent, notify the court, in accordance with section 51E, that he or she objects to the direc- tion.” (2) Replace section 13(5)(e) with: “(e) where a direction is made under section 51D, in re- spect of the associated respondent, notify the court, in accordance with section 51E, that he or she objects to the direction.” 5 36B Section 19 amended (Standard conditions of protection 10 order) In section 19(2)(e)(iv), after “1989”, insert “; or”.
(1) (2) After section 19(2)(e)(iv), insert: “(v) as is necessary for the purposes of attending a settlement conference convened under section 15 46K of the Care of Children Act 2004”.

37 Sections 29 to 44 and cross-heading above section 29 repealed Repeal sections 29 to 44 and the cross-heading above section 29.

50A Section 46 amended (Power to vary protection order) (1) In section 46(1)(c) and (d), replace “section 32” with “section 51D”.
In section 46(2)(c) and (d), replace “section 32” with “section 51D”.

Section 49 amended (Offence to breach protection order) In section 49(3), replace “2 years” with “3 years”.

In section 49(4), replace “section 32(1) or (2) to attend a spe- cified programme” with “section 51D”.

Section 49A repealed (Offence to fail to comply with direction) Repeal section 49A.
5 20 25 30 (2) 51 (1) (2) 52 cl 52A Domestic Violence Amendment Bill (No 2) 52A New Part 2A inserted After Part 2, insert: “Part 2A “Programmes “51A Interpretation 5 In this Part, unless the context otherwise requires,— “approval means an approval of a service provider under sec- tion 51B that has not been suspended or cancelled “assessment, in relation to a respondent, means an assessment of the respondent undertaken by a service provider to deter- 10 mine— “(a) the extent to which the respondent poses a safety risk to any person or the public; and “(b) what, if any, non-violence programme is the most ap- propriate for the respondent to attend “non-violence programme means a programme that— “(a) “(b) “(c) is provided by a service provider; and is provided to a respondent; and has the primary objective of stopping or preventing do- mestic violence on the part of the respondent 15 20 safety programmes; and “programmes means— “(a) “(b) non-violence programmes “respondent means the person against whom an application has been made for an order under this Act, and includes an 25 associated respondent “safety programme means a programme that— “(a) “(b) “(c) is provided by a service provider; and is provided to a protected person; and has the primary objective of promoting (whether by 30 education, information, support, or otherwise) the pro- tection of the protected person from domestic violence “service provider means a person or an organisation that has been granted an approval to do either or both of the following: “(a) “(b) provide programmes.
undertake assessments: 35 6 Domestic Violence Amendment Bill (No 2) cl 52A “Approval of service providers “51B Service providers “(1) The Secretary may decide to grant, suspend, or cancel an ap- proval of a person or an organisation as a service provider.

“(1A) A person or an organisation seeking an approval under sub- 5 section (1) must follow the process (if any) prescribed by regulations made under section 127(a)(i).
“(1B) In deciding whether to grant, suspend, or cancel an approval under subsection (1), the Secretary must apply the cri- teria (if any) prescribed by regulations made under section 10 127(a)(ii).

“(2) The Secretary must publish on an Internet site maintained by or on behalf of the Ministry of Justice a list of service providers.
“Safety programmes 15 “51C Safety programmes for protected persons “(1) Where the court makes a protection order,— “(a) “(b) the applicant: a child of the applicant’s family: the applicant, or the applicant’s representative, may re- quest the Registrar to authorise the provision of a safety programme to all or any of the following persons: “(i) “(ii) “(iii) a specified person; and a specified person (other than a child) may request the Registrar to authorise the provision of a safety pro- 25 gramme to that specified person if no request has been made under paragraph (a)(iii).
20 “(2) Where, at the time the protection order is made, the applicant has not made a request pursuant to this section, and the appli- cant is not legally represented, the Judge or the Registrar must 30 cause the applicant to be informed of the applicant’s right to make such a request.

“(3) A request may be made under subsection (1) at any time while the protection order remains in force.
“(4) Where a request is made to a Registrar under subsection (1), 35 the Registrar must arrange for the matter to be referred to a service provider without delay.

7 cl 52A Domestic Violence Amendment Bill (No 2) “(5) The number of safety programme sessions to be provided to a protected person by a service provider to whom a referral has been made under subsection (4) is to be determined by the Registrar following discussion with the service provider.
“(6) Every lawyer acting for an applicant for a protection order 5 must— “(a) ensure that the applicant is aware of the applicant’s right to make a request under this section; and “(b) where the applicant wishes to exercise that right, take such further steps as the lawyer considers necessary to 10 enable the applicant to do so.
“Non-violence programmes “51D Direction to attend assessment and non-violence programme “(1) On making a protection order, the court must direct the re- 15 spondent to— “(a) “(b) undertake an assessment; and attend a non-violence programme.

“(2) The court need not make a direction under subsection (1) if— “(a) “(b) there is no service provider available; or the court considers that there is any other good reason for not making a direction.
“51E Direction to attend non-violence programme made on application without notice “(1) This section applies where the court makes a direction under section 51D on an application made without notice.

“(2) Where this section applies,— 20 25 “(a) “(b) the direction does not take effect until 10 working days after a copy of the direction is served on the respondent; 30 and the respondent may, within those 10 working days, no- tify the court that he or she objects to the direction.
“(3) Where the respondent notifies the court, in accordance with subsection (2)(b), that he or she objects to the direction,— 35 8 Domestic Violence Amendment Bill (No 2) cl 52A “(a) “(b) the Registrar must, if the respondent wishes to be heard, assign a hearing date, which must be— “(i) as soon as practicable; and “(ii) unless there are special circumstances, in no case later than 42 days after receipt of the notice of 5 objection; and the direction is suspended from the date on which the court receives the notice of objection until the court, after considering the respondent’s objection, confirms (whether with or without variation) or discharges the 10 direction.
“(4) Nothing in this section or section 51F gives the court power to review any order or decision other than the direction to which the notice relates, but nothing in this section limits sec- tion 76 or section 79.
“51F Court may confirm or discharge direction after considering objection made under section 51E “(1) After considering an objection, made under section 51E, to a direction, the court may— “(a) “(b) confirm the direction; or confirm the direction but vary the terms of the direction; or discharge the direction.
“(c) 15 20 “(2) Where, pursuant to subsection (1), the court confirms or varies a direction, then, if the respondent is before the court, 25 the Judge must warn the respondent that non-compliance with the direction is an offence punishable by imprisonment.

“(3) Failure to give the warning required by subsection (2) does not affect the validity of the direction confirmed or varied.
“51G Referral of respondent to service provider “(1) After the court has made a direction under section 51D, the 30 Registrar must, without delay,— “(a) arrange for the respondent to be referred to a service provider; and “(b) notify the service provider of the direction made under 35 section 51D.

9 cl 52A Domestic Violence Amendment Bill (No 2) “(2) This section is subject to section 51E.
“51H Service provider to meet with respondent As soon as possible after receiving a notification under sec- tion 51G, the service provider must arrange to meet with the respondent to— “(a) undertake an assessment of the respondent; and “(b) determine whether there is an appropriate non-violence 5 programme for the respondent to attend.
“51I Service provider to notify Registrar about safety concerns “(1) This section applies if a service provider has concerns about 10 the safety of a protected person— “(a) “(b) during the provision of a non-violence programme to a after undertaking an assessment of the respondent; or respondent.

“(2) The service provider must, without delay, notify the Registrar 15 of those concerns.
“(3) On receiving a notification under subsection (2), the Regis- trar must— “(a) “(b) forward a copy of the notification to a Judge; and advise arrange for the protected person to be advised of 20 the service provider’s concerns.

“(4) On receiving a copy of a notification under subsection (3)(a), the Judge may make such orders or directions as the Judge thinks fit in the circumstances.
“51J Referral to different service provider “(1) This section applies if a service provider, after undertaking an 25 assessment of the respondent,— “(a) determines that there is an appropriate non-violence programme for the respondent to attend; but is not able to provide that programme to the respondent.
30 “(b) “(2) The service provider must— “(a) “(b) notify the Registrar; and send to the Registrar the following information: “(i) the result of the assessment of the respondent undertaken by the service provider; and 35 10 Domestic Violence Amendment Bill (No 2) cl 52A “(ii) any other information relating to the respondent that is held by the service provider.
“(3) After receiving a notification under subsection (2)(a) and the information referred to in subsection (2)(b), the Regis- trar must make a new referral under section 51G to a service 5 provider that is able to provide an appropriate programme to the respondent.
“51K Judge may discharge direction to attend non-violence programme in certain cases “(1) This section applies if a service provider, after undertaking an 10 assessment of a respondent, determines that— “(a) there is an appropriate non-violence programme for the respondent to attend but that— “(i) the respondent’s attendance at the programme should be delayed to enable other matters to first 15 be addressed; or it would not be appropriate for the respondent to attend the programme; or “(ii) “(b) there is not an appropriate non-violence programme for the respondent to attend.
20 “(2) The service provider must notify the Registrar, and the Regis- trar must bring the matter to the attention of a Judge.

“(3) When a matter is brought to the attention of a Judge under subsection (2), the Judge must— “(a) discharge the direction made under section 51D(1)(b); 25 and “(b) make such other orders or directions as the Judge thinks fit in the circumstances.
“51L Service provider and respondent to settle terms of attendance at non-violence programme “(1) Before providing a non-violence programme to a respondent, the service provider must settle in writing with the respondent the terms of attendance, which must include— “(a) the number of programme sessions that the respondent must attend; and 30 35 11 cl 52A Domestic Violence Amendment Bill (No 2) “(b) the place, date, and time of the first programme session, and all subsequent sessions, that the respondent must attend.
“(2) The service provider must provide to the Registrar a copy of “(3) the terms of attendance that the service provider has settled 5 with the respondent.

If a service provider is not able to settle with a respondent the terms of attendance, the service provider must notify the Registrar.

“(4) On receipt of a notice under subsection (2) (3), the Registrar 10 must— “(a) settle the terms of attendance with the respondent and the service provider; or “(b) bring the matter to the attention of a Judge.
“(5) When a matter is brought to the attention of a Judge under sub- 15 section (4)(b), the Judge may make such further directions as the Judge thinks fit in the circumstances.
“51M Notice to be given to court if continued provision of non-violence programme inappropriate “(1) Subsection (2) applies if at any time during the provision of a 20 non-violence programme the service provider considers that— it is no longer appropriate or practicable for the service “(a) provider to provide the programme to the respondent; or the respondent is not participating fully in the pro- 25 gramme, and that this is significantly affecting the respondent’s ability to benefit fully from the pro- gramme.
“(2) The service provider must— “(b) “(a) “(b) notify the Registrar; and send to the Registrar all information relating to the re- spondent that is held by the service provider.

“(3) After receiving a notification under subsection (2)(a) and the information referred to in subsection (2)(b), the Registrar must— “(a) make a new referral under section 51G to a different 30 35 service provider; or 12 Domestic Violence Amendment Bill (No 2) cl 52A “(b) bring the matter to the attention of a Judge.
“(4) When a matter is brought to the attention of a Judge under subsection (3)(b), the Judge may make such other orders or directions as the Judge thinks fit in the circumstances.
“Non-compliance with direction to attend assessment and non-violence programme “51N Notice of non-compliance with direction “(1) This section applies if the court makes a direction under sec- tion 51D and the respondent fails to do either or both of the following: “(a) undertake an assessment with the service provider to whom notice of the direction has been given under sec- tion 51G: attend a non-violence programme in accordance with terms of attendance settled under section 51L.
“(b) 5 10 15 “(2) The service provider must give written notice to the Registrar of the respondent’s failure.

“(3) Notice under subsection (2) must be given within 7 days of the respondent’s failure.
“51O Powers of Registrar on receipt of notice under section 51N 20 “(1) On receiving a notice under section 51N, the Registrar must, without delay,— “(a) exercise the powers under section 82, as if he or she were the court referred to in that section, to call the respondent before the court; or “(b) bring the matter to the attention of a Judge so that the Judge may consider whether to exercise the power con- ferred by section 51P in relation to the respondent.
25 “(2) If the Registrar exercises the powers under section 82 in the manner allowed by subsection (1)(a), then, subject to any 30 regulations made under this Act, section 82 applies so far as applicable and with the necessary modifications as if the re- spondent were a witness in proceedings.

13 cl 52A Domestic Violence Amendment Bill (No 2) “51P Judge may call respondent before court “(1) If, under section 51O(1)(b), a Registrar brings a matter to the attention of a Judge, subsection (2) applies.
“(2) A Judge may exercise the powers under section 82 to call the “(3) respondent before the court.

If a Judge exercises the powers under section 82, that section applies, so far as applicable and with all necessary modifica- tions, as if the respondent were a witness in proceedings.
5 “51Q Respondent called before court “(1) If a respondent appears before the court under section 10 the court may, after hearing from 51O(1)(a) or 51P(2), the respondent, confirm, vary, or discharge the direction or change the terms of attendance.

If the court confirms or varies a direction under subsection (1), the Judge must warn the respondent that non-compliance 15 with the direction is an offence punishable by imprisonment.
“(3) Failure to give the warning required by subsection (2) does “(2) not affect the validity of the direction confirmed or varied.
“Completion of non-violence programme “51R Notice of completion and outcome of non-violence 20 programme “(1) When a respondent has completed a non-violence programme, the service provider must, without delay, provide to the Regis- trar a report that— “(a) states whether, in the opinion of the service provider, 25 the respondent has achieved the objectives of the non- violence programme; and advises of any concerns that the service provider has about the safety of any protected person.
“(b) “(2) On receiving a report under subsection (1), the Registrar 30 forward a copy of that report to a Judge; and must— “(a) “(b) notify arrange for the protected person to be notified— that the respondent has completed a non-violence programme; and “(i) 35 14 Domestic Violence Amendment Bill (No 2) cl 52A “(ii) that a report has been provided by the service provider of that non-violence programme under subsection (1); and “(iii) of any concerns that the service provider has about the safety of the protected person advised 5 in that report.
“(3) On receiving a copy of a report under subsection (2)(a), the Judge may make such orders or directions as the Judge thinks fit in the circumstances.

“Confidentiality of information 10 “51S Confidentiality of information disclosed to service “(1) “(2) provider In this section, unless the context otherwise requires, infor- mation includes any statement or admission.
Information received by a service provider in the course of 15 providing a programme may not— “(a) “(b) be admitted as evidence in any court or before any per- be disclosed to any other person; or son acting judicially.
“(3) However, nothing in subsection (2) prohibits the disclosure 20 of information received by a service provider in the course of providing a programme if that disclosure is made— “(a) 25 for the purpose of giving a notification to a Registrar under— section 51I(2): “(i) “(ii) section 51J(2): “(iii) section 51K(2): “(iiia) section 51L(3): “(iv) section 51M(2): for the purpose of a Registrar making a referral under— 30 “(i) “(ii) section 51M(3)(a): for the purpose of any proceedings under— “(i) section 51O: “(ii) section 51P: for the purposes of investigating or prosecuting— an offence against section 51T; or “(i) section 51J(3): 35 “(b) “(c) “(d) 15 cl 52B Domestic Violence Amendment Bill (No 2) “(e) “(ii) an offence committed or alleged to have been committed during the provision of a programme: in circumstances in which the service provider believes, on reasonable grounds, that the disclosure is necessary to prevent or lessen a serious threat to public safety or 5 the safety of any person: “(f) with the authority of the person who disclosed the in- formation to the service provider.
“Enforcement of directions “51T Offence to fail to comply with direction A respondent who fails, without reasonable excuse, to comply with a direction made under section 51D commits an offence and is liable on conviction to— “(a) “(b) a fine not exceeding $5,000; or a term of imprisonment not exceeding 6 months.” 52B Section 76 amended (Respondent to notify intention to appear) In section 76(2)(b), replace “36” with “51E”.
52C Section 77 amended (Procedure where respondent does not require hearing) In section 77(1), replace “36” with “51E”.

10 15 20 53 (1) (1) Section 81 amended (Court may appoint lawyer) In section 81(2), (3), and (4), replace “this section” with “sub- section (1)(c)”.

In section 81(2), replace “this section” with “subsection 25 (1)(c)”.
(2) After section 81(2), insert: “(2A) The fees and expenses of a lawyer appointed under subsection (1)(a) or (b) must— “(a) be determined in accordance with regulations made 30 under section 16D of the Family Courts Act 1980 or, if no such regulations are made, by the Registrar of the court; and 16 Domestic Violence Amendment Bill (No 2) cl 54A “(b) be paid in accordance with that determination out of public money appropriated by Parliament for the pur- pose.” (2A) Replace section 81(3) with: “(3) The fees and expenses of a lawyer appointed under subsection 5 (1)(c) must— “(a) be determined in accordance with regulations made under this Act or, if no such regulations are made, by the Registrar of the court; and “(b) be paid in accordance with that determination out of 10 public money appropriated by Parliament for the pur- pose.” Replace section 81(4) with: (3) “(4) An invoice rendered by a lawyer appointed under this section for fees and expenses must be given to the Registrar of the 15 court in which the proceedings were heard, and the Registrar may tax decide to adjust the amount of the invoice.” In section 81(5), replace “bill” with “invoice”.
Section 127 amended (Regulations) Replace section 127(a) to (e) with: “(a) 20 prescribing for the purposes of section 51B— “(i) the process to be followed by a person or an or- ganisation seeking an approval; and the criteria that the Secretary must apply when deciding whether to grant, suspend, or cancel an 25 approval: “(ii) “(b) prescribing the amount of fees and expenses, or a method for calculating the amount of fees and ex- penses, payable for the provision of assessments and programmes under Part 2A:”.
30 (2) (3) In section 127(f), replace “section 81” with “section 81(1)(c)”.

In section 127(g), replace “section 42” with “section 51O or 51P”.

54A Cross-heading above section 133 replaced Replace the cross-heading above section 133 with: 35 17 (4) 54 (1) cl 55 Domestic Violence Amendment Bill (No 2) “Transitional provisions on enactment of this Act”.
55 New sections 134 to 138 and cross-heading inserted After section 133, insert: “Transitional provisions applying on enactment of Part 2 of the Family Court Proceedings Reform Act 2013 5 “134 Programmes requested or directed before commencement of Part 2 of Family Court Proceedings Reform Act 2013 this section 10 “(1) Subsection (2) applies if, before the date of commencement of Part 2 of the Family Court Proceedings Reform Act 2013 this section,— “(a) an applicant or a specified person has made a request under section 29; but the Registrar has had not referred the request to a pro- gramme provider.
“(b) “(2) The Registrar must refer the request to a service provider under section 51C.

15 “(3) Subsection (4) applies if, before the date of commencement 20 of Part 2 of the Family Court Proceedings Reform Act 2013,— “(a) a respondent or an associated respondent or both a respondent and an associated respondent have been directed under section 32 to attend a specified pro- 25 gramme; but the Registrar has not, under section 34, notified the pro- gramme provider of that direction.
“(b) “(4) The Registrar must refer the respondent or associated respond- ent or both to a service provider under section 51G.

“(3) Subsections (4) and (5) apply if, before the date of com- 30 mencement of this section,— “(a) a direction under section 32 was made in any proceed- ing; but the Registrar had not, under section 34, notified the pro- 35 gramme provider of that direction.
“(b) 18 Domestic Violence Amendment Bill (No 2) cl 55 “(4) The direction under section 32 must be treated as a direction made under section 51D to— “(a) “(b) undertake an assessment; and attend a non-violence programme.

“(5) The Registrar must, under section 51G,— “(a) make a referral to a service provider; and “(b) notify the service provider of the referral.
“135 Referrals to programme providers before commencement of Part 2 of Family Proceedings Reform Act 2013 this section “(1) Subsections (2) and (3) apply if, before the date of com- mencement of Part 2 of the Family Court Proceedings Reform Act 2013 this section,— “(a) a request made to a Registrar under section 29 has been was referred to a programme provider; but the programme provider has had not arranged or com- menced the provision of a programme in response to that request.
“(2) The programme provider must— “(b) “(a) “(b) advise the Registrar of the position; and take no further step in respect of the referral.

“(3) The Registrar must arrange for the matter to be referred to a service provider under section 51C.
“(4) Subsections (5) and (6) apply if, before the date of com- 5 10 15 20 mencement of Part 2 of the Family Court Proceedings 25 Reform Act 2013,— “(a) a notification under section 38 has been given to a pro- gramme provider of a direction made under section 32; and the programme provider has not arranged or com- 30 menced the provision of a programme in response to that notification.
“(b) “(5) The programme provider must— “(a) “(b) advise the Registrar of the position; and take no further step in respect of the notification.

35 “(6) The Registrar must, under section 51G,— “(a) make a referral to a service provider; and 19 cl 55 Domestic Violence Amendment Bill (No 2) “(b) notify the service provider of the referral.
“(4) Subsections (5) to (7) apply if, before the date of commence- ment of this section,— “(a) a notification under section 34 was given to a pro- gramme provider of a direction made under section 32 5 in any proceedings; but the programme provider had not arranged or com- menced the provision of a programme in response to that notification.

“(b) “(5) The programme provider must— “(a) “(b) advise the Registrar of the position; and take no further step in respect of the notification.
“(6) The direction under section 32 must be treated as a direction made under section 51D to— “(a) “(b) undertake an assessment; and attend a non-violence programme.

“(7) The Registrar must, under section 51G,— “(a) make a referral to a service provider; and “(b) notify the service provider of the referral.
10 15 “136 Programmes arranged or in progress before 20 commencement of Part 2 of Family Court Proceedings Reform Act 2013 this section “(1) This section applies if— “(a) there has been was arranged or was in progress imme- diately before the date of commencement of Part 2 of 25 the Family Court Proceedings Reform Act 2013 this section— “(i) the provision of a programme to a protected per- son that has been requested under section 29: the provision of a programme to a respondent 30 or an associated respondent that the respondent or associated respondent has been directed under section 32 to attend; and “(ii) “(b) that programme has not been concluded by that date.
“(2) The provisions of this Act, as in force immediately before the 35 date of commencement of Part 2 of the Family Court Pro- ceedings Reform Act 2013 this section, continue to apply 20 Domestic Violence Amendment Bill (No 2) cl 55 in respect of the provision of that programme as if Part 2 of the Family Court Proceedings Reform Act 2013 had not come into force been enacted.
“137 Proceedings commenced before commencement of Part 2 of Family Court Proceedings Reform Act 2013 this section but not completed 5 “(1) This section applies if, at any time before the date of com- mencement of Part 2 of the Family Court Proceedings Reform Act 2013 this section, proceedings have been com- menced under any of the following provisions but have not 10 been determined or were not by that date completed by that date (a pending proceeding): “(a) “(b) “(c) section 42: section 46: section 49A.
15 “(2) The provisions of this Act, as in force immediately before the date of commencement of Part 2 of the Family Court Pro- ceedings Reform Act 2013 continue to apply in respect of those proceedings as if Part 2 of the Family Court Proceed- ings Reform Act 2013.

“(2) The provisions of this Act, as in force immediately before the date of commencement of this section, continue to apply to a pending proceeding as if Part 2 of the Family Court Pro- ceedings Reform Act 2013 had not been enacted.
“138 Approval panel disestablished “(1) The approval panel established by regulation 46 of the Domes- tic Violence (Programmes) Regulations 1996 is disestablished.

“(2) No member of the panel is entitled to compensation for loss of office resulting from the disestablishment of the panel.
20 25 “(3) An approval given by the panel under Part 3 of the Domestic 30 Violence (Programmes) Regulations 1996 before the date of commencement of Part 2 of the Family Court Proceedings Reform Act 2013 this section is of no effect on or after that date.” 21 Domestic Violence Amendment Bill (No 2) · · · · · Legislative history 18 September 2013 Divided from the Family Court Proceedings Reform Bill (Bill 90–2) by committee of the whole House as Bill 90–3D 12 22 Published under the authority of the House of Representatives—2013 Wellington, New Zealand: