Family Violence Act 2018

1: Title
This Act is the Family Violence Act 2018.
2: Commencement
This Act comes into force on 1 July 2019.
1: Preliminary provisions
3: Purpose of this Act
Purpose
1: The purpose of this Act
a: recognising that family violence, in all its forms, is unacceptable; and
b: stopping and preventing perpetrators from inflicting family violence; and
c: keeping victims, including children, safe from family violence. Duty to be guided by purpose
2: A court that, or a person who, exercises a power conferred by or under this Act Examples of duty
3: For example, a family violence agency or social services practitioner exercising a power conferred by or under Part 2
4: For example, the District Court exercising a power conferred by or under Part 3
4: Principles
The following principles are to guide the achievement of the purpose of this Act
a: family violence, in all its forms, is unacceptable:
b: decision makers should, whenever appropriate, recognise that family violence is often behaviour that appears to be minor or trivial when viewed in isolation, but forms part of a pattern of behaviour that causes cumulative harm:
c: decision makers should, whenever appropriate, recognise that family violence often is or includes coercive or controlling behaviour:
d: decision makers should, whenever appropriate, recognise that children are particularly vulnerable to family violence, including seeing or hearing violence against others:
e: decision makers should, whenever appropriate, recognise that children are at particular risk of lasting harm to their current and future well-being:
f: decision makers should, whenever appropriate, recognise that other factors (for example, all or any of disability, health condition, and old age) may mean that people are particularly vulnerable to family violence:
g: decision makers should, whenever appropriate, recognise that early intervention helps to stop and prevent family violence:
h: perpetrators of family violence should face effective responses to, and sanctions for, family violence:
i: perpetrators of family violence should have access to, and in some cases be required to engage with, services to help them stop and prevent their family violence:
j: victims of family violence should have access to services to help secure their safety from family violence:
k: arrangements that support the ongoing safety and well-being of a victim of family violence should whenever practicable be sustained (for example, employment, education, housing, or community involvement):
l: responses to family violence should be culturally appropriate and, in particular, responses involving Māori should reflect tikanga Māori (Māori customary values and practices):
m: decision makers should consider the views of victims of family violence, and respect those views unless a good reason exists in the particular circumstances for not doing so (for example, because doing so would or may compromise victims’ safety):
n: decision makers should collaborate, whenever appropriate, to identify, stop, prevent, and otherwise respond to family violence:
o: access to the court should be as speedy, inexpensive, and simple as is consistent with justice.
5: Guide to this Act
1: Part 1 Act
2: Part 2 see section 18
3: Part 3 see section 26
4: Part 4 see section 59
5: Part 5 see section 114
6: Part 6 see section 146
7: Part 7 see section 183
8: Part 8 see section 215
9: Part 9 see section 229
10: Part 10 see section 248
6: Guide to related sentencing provisions
1: Sections 123A to 123H
a: an offender is convicted of a family violence offence (as defined in section 123A
b: no protection order made under this Act
2: Those related sentencing provisions enable the court, as well as imposing a sentence or making any other order, to make a protection order against the offender if—
a: the court is satisfied that the making of the order is necessary for the protection of the victim of the offence; and
b: the victim of the offence does not object to the making of the order.
7: Status of guides
Guides in this Act
8: Interpretation
In this Act abuse section 10 ancillary furniture order section 128 applicant
a: a person who applies for an order under this Act
b: the person on whose behalf an application for an order is made under section 62 67 69 140(2)﻿(a) or (3)﻿(b) 143 application without notice approved organisation section 71 associated respondent section 89 chief executive child child of the applicant’s family
a: the child is a child of the applicant, the respondent, or both:
b: for a protection order, the child—
i: resided ordinarily or periodically with the applicant at the time when the order was made; or
ii: was born only after the time when the order was made constable section 4 contact
a: any form of direct interaction (that is, face to face interaction):
b: any form of indirect interaction, including, without limitation,—
i: by telephone, letters or other writing, or email; or
ii: by communication on or via an Internet site; or
iii: by other digital communication common biological parent P country court
a: means the Family Court; and includes a Family Court Judge; or
b: if another court has jurisdiction in the proceedings, means that court day-to-day care section 8 digital communication section 4 dwellinghouse
a: any flat or town house, whether or not occupied under a licence to occupy within the meaning of section 122
b: any mobile home, caravan, or other means of shelter placed or erected upon any land and intended for occupation on that land encourage family member
a: any other person who is or has been related to the person—
i: by blood; or
ii: by or through marriage, a civil union, or a de facto relationship; or
iii: by adoption:
b: any other person who is a member of the person’s whānau or other culturally recognised family group family relationship section 12 family violence section 9 firearms licence section 24 foreign protection order
a: means an order made by a court in a prescribed foreign country, being—
i: an order to protect a person from behaviour by the person against whom the order is made, where, if the behaviour occurred in New Zealand, it would be behaviour in respect of which a protection order could be made under this Act
ii: an order that varies, discharges, or is made in substitution for such an order; but
b: does not include—
i: an order made without notice; or
ii: an order of an interim nature; or
iii: an order made by a court in a prescribed foreign country that varies, discharges, or is made in substitution for a New Zealand order that is registered or is otherwise enforceable in that country furniture order section 134 government organisation
a: a public service agency as defined in section 5
b: a Crown entity (as defined in section 7 ill-treat section 2(1) inflict family violence lawyer section 6 occupation order section 116 parenting order section 8 partner spouse or partner P
a: P’s civil union partner; or
b: P’s de facto partner; or
c: P’s common biological parent (as defined in this section) perpetrator
a: means a person who has inflicted, or is inflicting, family violence (even if no offence involving the violence was, is, or is to be, admitted or prosecuted); but
b: in Part 2 section 19 person lacking capacity section 67
a: lacks, wholly or partly, the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to the person’s personal care and welfare; or
b: has the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to the person’s personal care and welfare, but wholly lacks the capacity to communicate decisions in respect of such matters prescribed foreign country
a: Australia (including any state or territory of Australia); or
b: any other country outside New Zealand that is declared, by Order in Council made under section 227 prescribed non-standard service
a: is, or is to be, provided to a respondent by a service provider (as defined in section 184
b: has the objective of stopping or preventing family violence, or helping the respondent to stop inflicting family violence; and
c: is a type of non-standard service specified in regulations made under section 249(a) prescribed service
a: a prescribed non-standard service; or
b: a prescribed standard service prescribed standard service
a: is, or is to be, provided to a respondent by a service provider (as defined in section 184
b: has the objective of stopping or preventing family violence, or helping the respondent to stop inflicting family violence; and
c: is a type of standard service specified in regulations made under section 249(a) property
a: the person owns; or
b: the person does not own but that—
i: the person uses or enjoys; or
ii: is available for the person’s use or enjoyment; or
iii: is in the person’s care or custody; or
iv: is at the person’s dwellinghouse property order Part 5 protected person
a: the person for whose protection the order is made:
b: any child of that person’s family:
c: any person for whose benefit the order applies under a direction made under section 87 protection order section 79 registered foreign protection order section 219 Registrar representative
a: in relation to a child, means a litigation guardian or next friend appointed under or recognised by rules of court, or an approved organisation authorised by section 74 Act
b: in relation to a person lacking capacity to whom section 67 section 74 Act
c: in relation to a person to whom section 69 section 74 Act respondent Act Act Secretary special condition section 103 specified person section 87 standard condition about weapons section 98 temporary order tenancy order section 122 tenant
a: whose tenancy of that dwellinghouse has expired or been determined; and
b: who is for the time being deemed, under any enactment or rule of law, to continue to be the tenant of the dwellinghouse weapon prohibited magazine, prohibited part, Arms Act 1983 1995 No 86 s 2 Section 8 government organisation replaced 7 August 2020 section 135 Public Service Act 2020 Section 8 weapon amended 12 April 2019 section 73 Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019
9: Meaning of family violence
1: In this Act family violence
a: against that person; and
b: by any other person with whom that person is, or has been, in a family relationship.
2: In this section, violence
a: physical abuse:
b: sexual abuse:
c: psychological abuse.
3: Violence against a person includes a pattern of behaviour (done, for example, to isolate from family members or friends) that is made up of a number of acts that are all or any of physical abuse, sexual abuse, and psychological abuse, and that may have 1 or both of the following features:
a: it is coercive or controlling (because it is done against the person to coerce or control, or with the effect of coercing or controlling, the person):
b: it causes the person, or may cause the person, cumulative harm.
4: Violence against a person may be dowry-related violence (that is, violence that arises solely or in part from concerns about whether, how, or how much any gifts, goods, money, other property, or other benefits are—
a: given to or for a party to a marriage or proposed marriage; and
b: received by or for the other party to the marriage or proposed marriage).
5: Subsection (2) subsections (3) and (4) sections 10 11 1995 No 86 s 3(1), (2)
10: Meaning of abuse
1: A single act may amount to abuse.
2: A number of acts that form part of a pattern of behaviour (even if all or any of those acts, when viewed in isolation, may appear to be minor or trivial) may amount to abuse.
3: This section does not limit section 9(2) 1995 No 86 s 3(4)
11: Meaning of psychological abuse
1: Psychological abuse includes—
a: threats of physical abuse, of sexual abuse, or of abuse of a kind stated in paragraphs (b) to (f)
b: intimidation or harassment (for example, all or any of the following behaviour that is intimidation or harassment:
i: watching, loitering near, or preventing or hindering access to or from a person’s place of residence, business, or employment, or educational institution, or any other place that the person visits often:
ii: following the person about or stopping or accosting a person in any place:
iii: if a person is present on or in any land or building, entering or remaining on or in that land or building in circumstances that constitute a trespass):
c: damage to property:
d: ill-treatment of 1 or both of the following:
i: household pets:
ii: other animals whose welfare affects significantly, or is likely to affect significantly, a person’s well-being:
e: financial or economic abuse (for example, unreasonably denying or limiting access to financial resources, or preventing or restricting employment opportunities or access to education):
f: in relation to a person unable, by reason of age, disability, health condition, or any other cause, to withdraw from the care or charge of another person, hindering or removing (or threatening to hinder or remove) access to any aid or device, medication, or other support that affects, or is likely to affect, the person’s quality of life:
g: in relation to a child, abuse stated in subsection (2)
2: A person psychologically abuses a child if that person—
a: causes or allows the child to see or hear the physical, sexual, or psychological abuse of a person with whom the child has a family relationship; or
b: puts the child, or allows the child to be put, at real risk of seeing or hearing that abuse occurring.
3: However, the person who suffers the abuse in subsection (2)﻿(a) and (b) subsection (2)
a: caused or allowed the child to see or hear that abuse; or
b: put the child, or allowed the child to be put, at risk of seeing or hearing that abuse.
4: Psychological abuse may be or include behaviour that does not involve actual or threatened physical or sexual abuse.
5: This section does not limit section 9(2)﻿(c) 1995 No 86 s 3(3), (5)
12: Meaning of family relationship: general
For the purposes of this Act A family relationship B
a: is a spouse or partner of B; or
b: is a family member of B; or
c: ordinarily shares a household with B ( see also section 13
d: has a close personal relationship with B ( see also section 14 1995 No 86 s 4(1)
13: Meaning of family relationship: sharing household
For the purposes of section 12(c) A B
a: A has, with B,—
i: a landlord-tenant relationship; or
ii: an employer-employee relationship; or
iii: an employee-employee relationship; and
b: A and B occupy a common dwellinghouse (whether or not other people also occupy that dwellinghouse). 1995 No 86 s 4(2)
14: Meaning of family relationship: close personal relationship
1: A person ( A B section 12(d)
a: an employer-employee relationship; or
b: an employee-employee relationship.
2: A person ( A B section 12(d)
3: In determining whether a person ( A B section 12(d)
a: the nature and intensity of the relationship, and in particular—
i: the amount of time A and B spend together:
ii: the place or places where that time is ordinarily spent:
iii: the manner in which that time is ordinarily spent:
b: the duration of the relationship.
4: Despite subsection (3)﻿(a) A B
5: Subsections (2), (3), and (4) section 12(d) 1995 No 86 s 4(3), (4)
15: Status of examples
An example provided in this Act
a: does not limit the provision; and
b: may extend the operation of the provision. 2012 No 120 s 5A 2014 No 58 s 5(2)
16: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
17: Act binds the Crown
This Act 1995 No 86 s 6
2: Information sharing
Purpose and interpretation
18: Purpose of this Part
1: The purpose of this Part is to encourage family violence agencies and social services practitioners to collaborate to identify, stop, prevent, and otherwise respond to family violence.
2: To help achieve that purpose, this Part—
a: enables family violence agencies and social services practitioners to request, use, or disclose personal information for purposes related to family violence; and
b: requires family violence agencies and social services practitioners, in certain circumstances, to consider disclosing personal information for those purposes.
19: Interpretation
In this Part, unless the context otherwise requires,— family violence agency
a: a specified government agency (as defined in this section):
b: any non-governmental organisation that is funded wholly or in part by government, and that exercises powers, performs functions, or provides services, for 1 or both of the following purposes:
i: to protect, or otherwise help, victims of family violence:
ii: to help people to stop their inflicting of family violence:
c: any school board:
d: any licensed early childhood service family violence risk or need assessment held Official Information Act 1982 see section 2(4) and (5) holder agency or practitioner licensed early childhood service section 10(1) perpetrator
a: a person who has inflicted, or may have inflicted, family violence (even if no offence involving the violence was, is, or is to be, admitted or prosecuted):
b: a person who is inflicting, or may be inflicting, family violence (even if no offence involving the violence is, or is to be, admitted or prosecuted) personal information section 7(1) recipient agency or practitioner school board
a: a board as defined in section 10(1)
b: the manager or managers of a private school that is registered under section 214 social services practitioner
a: a holder of a teacher’s practising certificate, or a limited authority to teach, under the Education and Training Act 2020
b: a person who is, or is deemed to be, registered with an authority as a practitioner of a particular health profession under the Health Practitioners Competence Assurance Act 2003
c: a registered social worker (as defined in section 4 specified government agency
a: Accident Compensation Corporation:
b: Department of Corrections:
c: Ministry of Education:
d: Ministry of Health:
e: Health New Zealand (that is, Health New Zealand established by section 11
f: Kāinga Ora–Homes and Communities established by the Kāinga Ora–Homes and Communities Act 2019
g: every registered community housing provider (as defined in section 2(1) Public and Community Housing Management Act 1992
h: the part of the Ministry of Business, Innovation, and Employment referred to as Immigration New Zealand:
i: Ministry of Justice:
j: New Zealand Police:
k: Oranga Tamariki—Ministry for Children:
l: Ministry of Social Development:
m: any government agency established in substitution for, or set up to take over any relevant function of, the departments and agencies listed in paragraphs (a) to (l):
n: Māori Health Authority (that is, the Māori Health Authority established by section 17 victim
a: has experienced, is experiencing, or may experience family violence (even if no offence involving the violence was, is, or is to be admitted or prosecuted); or
b: is, has been, or may be affected by family violence (even if no offence involving the violence was, is, or is to be admitted or prosecuted). Section 19 licensed early childhood service amended 1 August 2020 section 668 Education and Training Act 2020 Section 19 personal information amended 1 December 2020 section 217 Privacy Act 2020 Section 19 school board replaced 1 August 2020 section 668 Education and Training Act 2020 Section 19 social services practitioner amended 1 August 2020 section 668 Education and Training Act 2020 Section 19 specified government agency replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 19 specified government agency amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 19 specified government agency amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 19 specified government agency inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Information requests, use, and disclosure
20: Authorisations for agencies and practitioners
Information requests
1: A family violence agency or social services practitioner may request personal information about a victim or perpetrator of family violence from any, or from another, family violence agency or social services practitioner, to use or disclose for all or any of the following purposes:
a: to make, or contribute to, a family violence risk or need assessment:
b: to make, or contribute to the making or carrying out of, a decision or plan that is related to, or that arises from or responds to, family violence:
c: to help ensure that a victim is protected from family violence. Information use and disclosure
2: The rest of this section applies to a holder agency or practitioner.
3: The holder agency or practitioner may use the personal information for all or any of the purposes in subsection (1)﻿(a) to (c)
4: The holder agency or practitioner may disclose the personal information to a recipient agency or practitioner—
a: if the holder agency or practitioner believes on reasonable grounds that the disclosure will or may help the recipient agency or practitioner to use the personal information for all or any of the purposes specified in subsection (1)﻿(a) to (c)
b: after, or without, receiving from the recipient agency or practitioner a request to disclose personal information to the recipient agency or practitioner for use for all or any of those purposes.
21: Principle guiding decisions whether to disclose
1: This section applies to a holder agency or practitioner that, or who, is deciding whether or not to disclose information under section 20
2: The holder agency or practitioner must have regard to the principle that helping to ensure that a victim is protected from family violence should usually take precedence over both—
a: any applicable duty to keep the information confidential; and
b: any applicable limit under information privacy principle 11 or 12 in section 22 Section 21(2)﻿(b) amended 1 December 2020 section 217 Privacy Act 2020
22: Duty to comply with service delivery code of practice
1: This section applies to an agency or practitioner requesting, using, or disclosing information under section 20
2: The agency or practitioner must comply with any applicable code of practice provisions (on information requests, use, and disclosure) issued under section 254(1) and (2)﻿(c)
23: Relationship with other enactments
1: Section 20
a: section 236 237
b: section 173 174
c: any other enactment.
2: Section 20 Privacy Act 2020
3: Disclosure under section 20 section 53(5) 54 56 57 58 59 60 68 Section 23(2) amended 1 December 2020 section 217 Privacy Act 2020
24: Duty to consider information disclosure
A holder agency or practitioner must consider disclosing personal information about a victim or perpetrator of family violence under section 20
a: believes on reasonable grounds that disclosure to the recipient agency or practitioner will or may help ensure that a victim is protected from family violence; or
b: receives from the recipient agency or practitioner a request to disclose personal information of that kind or description to the recipient agency or practitioner for use for all or any of the purposes specified in section 20(1)﻿(a) to (c)
25: Protection of holder agency or practitioner disclosing information
1: This section applies to the disclosure by a holder agency or a practitioner, and in any manner, of information under section 20
2: No civil, criminal, or disciplinary proceedings lie against the holder agency or practitioner in respect of that disclosure, or the manner of that disclosure, by the holder agency or practitioner of that information.
3: However, subsection (2) 1989 No 24 s 16 1996 No 9 s 17 2009 No 35 s 44
3: Police safety orders
Preliminary provisions
26: Police safety order: guide to this Part
This Part A
a: to help make another person ( B see section 28(1)
b: requiring A to vacate any land or building occupied by B (or any child residing ordinarily or periodically with B), to comply with family violence and no-contact conditions, and (if directed to do so) to arrange and attend a risk and needs assessment ( see sections 36 to 42
c: continuing in force for the period (not exceeding 10 days) specified in it ( see section 35
d: that, if A has failed or refused to comply with it, can result in A being taken into custody, and can be extended or renewed, or replaced with a temporary protection order ( see sections 43 to 54
27: Police safety order: interpretation
In this Part assessor section 42
a: under section 56 section 42
b: that has not been suspended or cancelled bound person District Court
a: includes a Justice or Justices, or a Community Magistrate or Community Magistrates, presiding over the District Court; but
b: does not include a Registrar person at risk
a: means a person named in the order for whose safety the order is issued; and
b: in sections 36 to 39 Police safety order order section 28 protected child qualified constable 1995 No 86 s 124A Issuing, serving, and duration
28: Police safety order: power to issue order
1: A qualified constable may issue a Police safety order in the prescribed form against a person ( A B
2: In deciding if the reasonable grounds to believe required by subsection (1) section 29
3: A constable who is not a qualified constable may issue an order under this section only if the constable is specifically authorised by a qualified constable to issue that order. 1995 No 86 s 124B
29: Police safety order: matters guiding issue and duration
1: In considering whether to issue an order against A, the qualified constable must have regard to the following matters:
a: whether, in the circumstances, the constable considers it is likely that—
i: A has inflicted, or is inflicting, family violence against B:
ii: A has inflicted, or is inflicting, family violence against any other person with whom A has a family relationship:
b: whether there is a likelihood that A will inflict, or again inflict, family violence against B:
c: the welfare of any children residing ordinarily or periodically with B:
d: the hardship that may be caused if the order is issued:
e: any other matter the constable considers relevant.
2: In considering the period to be specified in the order, the qualified constable must also have regard to those matters ( see section 35(3) 1995 No 86 s 124B
30: Police safety order: issue without consent
An order may be issued without the consent of B (the person for whose safety the order is proposed to be issued). 1995 No 86 s 124C
31: Police safety order: limit on issuing against child
A qualified constable must not issue an order against a child unless satisfied that the child is aged 16 years old or over and that the order is justified by special circumstances. 1995 No 86 s 124D
32: Police safety order: detention for issuing and serving
1: A constable who is proposing to issue a Police safety order under section 28
a: obtain authorisation under section 28(3)
b: issue the order:
c: serve the order.
2: If a person who is detained under subsection (1)
a: commits an offence and is liable on conviction to the penalty specified in subsection (4)
b: may be arrested without warrant.
3: Subsection (2) subsection (1)﻿(a)
4: The maximum penalty for an offence against subsection (2)﻿(a)
5: In this section, detain 1995 No 86 s 124I
33: Police safety order: duty to explain order and any related direction for risk and needs assessment
1: A constable who issues an order must, if and to the extent that it is reasonably practicable to do so in the circumstances, either at the time of issue or service of the order, explain to the bound person—
a: the purpose, duration, and effect of the order; and
b: the consequences that may follow if the bound person contravenes the order.
2: A constable who issues an order must also, either before or after issue and service of the order, explain to the person at risk the matters set out in subsection (1)﻿(a) and (b)
3: A constable or Police employee who, while a Police safety order is in force, issues to the bound person a direction under section 42
a: the purpose and effect of the direction; and
b: the consequences that may follow if the bound person fails or refuses to comply with the direction.
4: A constable or Police employee who issues a direction under section 42 subsection (3)﻿(a) and (b) 1995 No 86 s 124J
34: Police safety order: lapse if not served promptly on bound person
1: An order issued under section 28
2: If an order issued under section 28 1995 No 86 s 124H
35: Police safety order: duration
1: An order comes into force immediately on being served on the bound person.
2: An order continues in force for the period specified in the order, but that period must not exceed 10 days.
3: In considering the period to be specified in the order, the qualified constable must have regard to the matters set out in section 29(1) 1995 No 86 s 124K Effect
36: Police safety order: effect: duty to vacate land or building
A bound person must immediately vacate any land or building occupied by a person at risk, whether or not the person at risk has a legal or equitable interest in the land or building. 1995 No 86 s 124E
37: Police safety order: effect: duty to surrender weapons
A bound person must immediately surrender to a constable—
a: any weapon (as defined in section 8
b: any firearms licence held by the bound person. 1995 No 86 s 124E
38: Police safety order: effect: no family violence, no contact, no having others breach order
It is a condition of every order that the bound person must not—
a: engage in behaviour that amounts to any form of family violence against a person at risk ( see sections 9 10 11
b: make any contact with a person at risk that is not contact authorised by section 39 no-contact condition
c: encourage a person to engage in behaviour against, or to make contact with, a person at risk, if the behaviour or contact, if engaged in or made by the bound person, would be prohibited by the order. 1995 No 86 s 124E
39: Police safety order: effect: contact that is authorised, and not in breach of order’s no-contact condition
Contact by the person bound with a person at risk is authorised, and not in breach of an order’s no-contact condition, if the contact is—
a: reasonably necessary in any emergency; or
b: permitted under any special condition of any relevant protection order; or
c: necessary for the purposes of attending a family group conference (within the meaning of section 2
d: necessary to attend any proceeding (of any kind) in or before any court or person acting judicially (a legal proceeding
e: necessary to attend any other matter that is associated with a legal proceeding, and that is a matter that the parties to the proceeding jointly attend (for example, a restorative justice conference, or a settlement conference convened under section 46Q
40: Police safety order: effect: firearms licence suspended
While an order that has been issued is in force,—
a: any firearms licence held by the bound person is deemed to be suspended; and
b: the bound person is deemed, for all purposes, not to be the holder of a firearms licence. 1995 No 86 s 124F
41: Police safety order: effect: parenting orders suspended
1: This section applies if an order is issued and—
a: a parenting order or day-to-day care or contact agreement is in force in respect of a protected child (as defined in section 27
b: the bound person is a party to that parenting order or agreement.
2: While an order is in force against any person, a parenting order or an agreement affording to that person the day-to-day care of, or contact with, a protected child (as so defined) is suspended. 1995 No 86 s 124G
42: Police safety order: effect: risk and needs assessment
1: An assessor carries out an assessment under this section to identify—
a: any risk assessed by the assessor that the bound person is likely, after the expiry of a Police safety order, to continue inflicting family violence; and
b: any steps that the assessor considers the bound person should take to help that person accept responsibility for, and stop, that person’s inflicting of family violence.
2: A constable (even if not a qualified constable) or Police employee may, while a Police safety order is in force, issue to the bound person a written direction to—
a: arrange, before the end of the tenth working day after the direction is served on the bound person, for an assessment on the bound person to be carried out promptly by an assessor; and
b: attend the assessment at the arranged time and place.
3: The constable or Police employee must, as soon as practicable after issuing the direction to the bound person, ensure that a copy of the direction is served on the bound person.
4: The direction lapses if—
a: the order to which it relates lapses (because that order has not been served within 48 hours from the time of issue) under section 34(2)
b: at or after the time that the direction is issued, a protection order is made against the bound person.
5: A person’s refusal or failure, without reasonable excuse, to comply with the direction after it has been served on the person, and if it has not lapsed, is taken for the purposes of section 43 Contravention
43: Police safety order: contravention: taking person into custody
1: This subsection applies if a person who has been served with an order refuses or fails to comply with—
a: the order ( see section 42(5)
b: any condition of the order.
2: If subsection (1)
a: using such force as is reasonably necessary; or
b: executing a warrant to arrest issued in respect of that person under section 51(1)﻿(a) and (2)
3: A person who is taken into custody under subsection (2)﻿(a) 1995 No 86 s 124L
44: Police safety order: contravention: if person in custody cannot be brought before District Court
1: If a person who is taken into custody under section 43(2)﻿(a)
a: be released; and
b: be served by a constable with a summons requiring that person to appear before the District Court at the place and time specified in the summons.
2: A summons served under subsection (1)﻿(b)
3: If a person who has been served with a summons under subsection (1)﻿(b)
a: arrest the person; and
b: bring the person before the court. 1995 No 86 s 124M
45: Police safety order: contravention: applying to District Court for direction or order
1: This section applies if a person has been taken into custody by a constable under section 43(2)
2: The constable may apply to the District Court, by making a complaint in the prescribed form, for a direction or an order under section 46 1995 No 86 s 124L
46: Police safety order: contravention: District Court may make direction or order
1: If the District Court presided over by 1 or more Justices, or 1 or more Community Magistrates, is satisfied that a person has refused or failed to comply with a Police safety order, the court may,—
a: if the order has not expired, direct that another order, which is to continue in force for a period not exceeding 10 days specified by the court, be—
i: issued against the person in substitution of the earlier order for the safety of the person at risk named in the earlier order; and
ii: served by a constable or officer of the court as soon as practicable; or
b: if the order has expired, direct that another order, which is to continue in force for a period not exceeding 10 days specified by the court, be—
i: issued against the person for the safety of the person at risk named in the earlier order; and
ii: served by a constable or officer of the court as soon as practicable; or
c: if it considers it appropriate in the circumstances to do so,—
i: adjourn the proceedings to a specified time and place to enable a District Court Judge to consider whether a temporary protection order should be issued under subsection (2)﻿(b)
ii: make a direction of the kind specified in paragraph (a) or (b)
2: If the District Court presided over by a District Court Judge is satisfied that a person has refused or failed to comply with a Police safety order, the Judge may—
a: make a direction of the kind specified in subsection (1)﻿(a) or (b)
b: issue, without application from any person, but subject to section 47(2) section 79
i: every reference in that section to the respondent were a reference to the person who the Judge is satisfied has refused or failed to comply with the Police safety order ( R
ii: every reference in that section to the applicant were a reference to the person at risk named in the Police safety order for whose safety the order was issued ( S
3: If the court makes a direction of the kind specified in subsection (1)﻿(a) or (b) 1995 No 86 s 124N(1), (2), (6)
47: Police safety order: contravention: limits on issuing of temporary protection order
1: A District Court Judge may issue a temporary protection order under section 46(2)﻿(b)
2: A District Court Judge may only issue an order of the kind referred to in section 46(2)﻿(b)
a: does not object; and
b: has not made an application for a protection order against R that is currently pending determination by a court. 1995 No 86 s 124N(3), (4), (5)
48: Police safety order: contravention: nature of proceedings: criminal jurisdiction
1: This section applies to the jurisdiction conferred on the District Court or a Registrar under section 46 51
2: That jurisdiction is criminal jurisdiction of the District Court.
49: Police safety order: contravention: standard of proof
1: Every question of fact arising in any proceeding under section 46 51
2: Subsection (1) section 48 Mark v Police 1995 No 86 s 85 Section 49(1) amended 30 November 2022 section 40 Statutes Amendment Act 2022
50: Police safety order: contravention: rules of court
1: Rules of court may be made under section 252(1)﻿(a) Act section 228(1)﻿(b) section 46 51
2: Subsection (1) section 252(1)﻿(a) or (b) Act section 228(1)﻿(b)
51: Police safety order: contravention: warrant to arrest person who contravenes order, etc
1: This subsection applies if—
a: the bound person refuses or fails to comply with a Police safety order or any condition of the order; or
b: the District Court is satisfied that the bound person has refused or failed to comply with a Police safety order and the bound person does not attend personally at the time and place to which proceedings have been adjourned under section 46(1)﻿(c)﻿(i)
2: The District Court or a Registrar may, if subsection (1)
3: A warrant to arrest a person under this section—
a: must be directed either—
i: specifically to a constable; or
ii: generally to every constable; but
b: may be executed by any constable.
4: For the purpose of executing a warrant issued under this section, the constable executing it may at any time enter on to any premises, by force if necessary, if the constable has reasonable grounds to believe that the person against whom it is issued is on those premises.
5: The constable executing the warrant must—
a: have the warrant with the constable; and
b: produce it on initial entry and, if requested, at any later time; and
c: if the constable is not in uniform, produce evidence that the constable is a constable.
6: A person who is arrested under this section must, as soon as possible, be brought before the District Court to enable it to exercise its jurisdiction under section 46 1995 No 86 s 124O
52: Police safety order: contravention: protection order to be issued and served
1: If the District Court makes a temporary protection order under section 46(2)﻿(b)
a: immediately issue the order; and
b: if practicable, serve a copy of the order on the person against whom the order is made before that person leaves the court.
2: For the purpose of subsection (1) 1995 No 86 s 124P
53: Police safety order: contravention: protection order to be sent to Family Court
1: Immediately after the issue of a protection order under section 46
2: On receipt of a copy of an order under subsection (1) 1995 No 86 s 124Q
54: Police safety order: contravention: protection order treated as if made by Family Court
As soon as an order has been entered in the records of the Family Court under section 53(2) 1995 No 86 s 124R Administrative provisions
55: Police safety order: Police employees, etc, protected from proceedings
1: This section applies to any thing done, or omitted to be done, in good faith and with reasonable care, by the Crown or a constable, for the purpose of carrying out the provisions of this Part
2: No action or proceedings may be brought against the Crown or the constable in respect of doing, or omitting to do, that thing. 1995 No 86 s 124S
56: Police safety order: approvals of assessors: general
1: A person or an organisation approved to do so under this section may carry out assessments under section 42
2: A person or an organisation (for example, a government organisation) may be approved under this section by the Secretary—
a: on an application made for the purpose by the person or organisation; or
b: on the Secretary’s own motion, and with the person’s or organisation’s written consent.
3: A person or an organisation seeking an approval under this section by way of an application, or an own-motion approval under this section, must follow the applicable process (if any) prescribed by regulations made under section 249(b)﻿(i)
4: The Secretary may, at any time, amend, suspend, or cancel an approval under this section ( see also section 57
5: An approval, or an amendment, suspension, or cancellation of an approval, under this section must be by written notice copied to the person or organisation ( see also section 58
57: Police safety order: approvals of assessors: criteria to be applied
In deciding whether to grant, amend, suspend, or cancel an approval under section 56 section 249(b)﻿(ii)
58: Police safety order: approvals of assessors: duty to publish
The Secretary must publish promptly on an Internet site maintained by or on behalf of the Ministry of Justice an up-to-date list of assessors approved under section 56
4: Protection orders
Preliminary provisions
59: Guide to this Part
This Part
a: a protection order can be applied for by a person who is or has been in a family relationship (an applicant see sections 60 62
b: a protection order can also be applied for, on behalf of an applicant, by a representative ( see sections 62 67 69 see section 74
c: a protection order can be applied for on notice or without notice ( see section 75
d: the court may make a protection order if it is satisfied that the respondent has inflicted, or is inflicting, family violence against, and the order is necessary for the protection of, the applicant, or a child of the applicant’s family, or both ( see section 79
e: a protection order applies for the applicant for whose protection the order is made and for the benefit of any child of the applicant’s family ( see sections 79 86
f: a protection order may also apply for the protection of any other child or person the court directs ( see section 87
g: a protection order may also, if the court directs, apply against the respondent’s associates ( see section 89
h: if a protection order is made, standard conditions will apply to the order ( see sections 90 98 see section 103
i: interim orders can also be made about care for, or contact with, a child of the applicant’s family ( see sections 105 106
j: the applicant or the respondent can apply to have the order varied or discharged ( see sections 107 to 111
k: a breach of a protection order (or a related property order) is a criminal offence punishable on conviction by imprisonment for a term not exceeding 3 years ( see section 112 Applications: general
60: Application for protection order
1: A person ( A B
2: If A is a child, the child may under section 62(2)
a: by a representative (for example, an approved organisation that is authorised by section 74 Act
b: if aged 16 years old or over (in which case section 62(2)﻿(b)
c: if authorised under rules of court to do so without a representative.
3: If A is a person lacking capacity to whom section 67
4: If A is aged 16 years old or over but is unable, in the circumstances specified in section 69(1)﻿(c) section 69 1995 No 86 s 7
61: Application for order may seek additional directions
Any application for a protection order may seek—
a: a direction under section 87
b: a direction under section 89 paragraph (a) 1995 No 86 s 8 Applications: by or against children
62: Applications by children
1: A child may, under this section, make an application for a protection order.
2: A child may make the application only—
a: by a representative (for example, an approved organisation that is authorised by section 74 Act
b: if aged 16 years old or over (in which case this paragraph authorises the child to take proceedings without a representative); or
c: if authorised under rules of court to do so without a representative.
3: This section does not limit or affect the making or operation of rules of court (for example, rules made under section 16A(1)
a: prevent an incapacitated child from taking part in, or from taking a step in, all or any specified proceedings under this Act
b: provide for a representative to make all or any specified applications under this Act 1995 No 86 s 9
63: Views of child on whose behalf application made
1: This section applies if an application for a protection order is made, on behalf of a child, by a representative under section 62(2)﻿(a)
2: The child may be heard in the proceedings even though the proceedings arose from the application made by the representative, and despite section 62(2)﻿(a)
3: If the child expresses views on any matters related to the proceedings, the court must take account of those views. 1995 No 86 s 9(3)
64: Applications against children
1: The court must not make a protection order against a child unless satisfied that the child is aged 16 years old or over and that the order is justified by special circumstances.
2: The court must not make a direction under section 89
3: In determining under this section whether a protection order, or direction under section 89
a: must consider whether to report concerns about the well-being of the child under section 15
b: may, if the child is not represented by a lawyer in respect of the proceedings related to the order or direction, appoint a lawyer under section 166(1)﻿(c)
c: may under section 66
d: may refer the matter to a care and protection co-ordinator under section 19 1995 No 86 s 10
65: Advice from chief executive or social worker
1: This section applies to an application under section 62 64
2: For the purpose of expediting consideration of the application, a Registrar, on the Registrar’s own initiative, may—
a: refer the application to the chief executive; and
b: request the chief executive to provide brief written advice on the nature and extent of any involvement that the department for the time being responsible for the administration of the Oranga Tamariki Act 1989
3: On receipt of a request to provide such brief written advice, the advice must be provided by—
a: the chief executive; or
b: a person employed
4: The Registrar must refer advice received (from the chief executive or a social worker of that kind) to the Judge who is considering the application. 2004 No 90 s 131A Section 65(3)﻿(b) amended 7 August 2020 section 135 Public Service Act 2020
66: Report from chief executive or social worker
1: This section applies to an application under section 62 64
2: The court may direct the Registrar to supply to the chief executive a copy of the application.
3: The Registrar must, if directed by the court to do so, supply to the chief executive a copy of the application.
4: If the Registrar supplies to the chief executive a copy of the application, the chief executive, or a person employed Oranga Tamariki Act 1989
a: must report on the application; and
b: may appear on the application personally or by a lawyer. 2004 No 90 s 132 Section 66(4) amended 7 August 2020 section 135 Public Service Act 2020 Applications: on behalf of people unable to apply personally
67: Applications on behalf of people lacking capacity
1: This subsection applies if a person lacking capacity ( P
a: no one has power, under an appointment made under the Protection of Personal and Property Rights Act 1988
b: a person has power, under such an appointment, to make such an application, but the person so appointed has refused or failed to do so.
2: If subsection (1) section 74 Act
3: No representative may be appointed under rules of court to make an application for a protection order on behalf of a person lacking capacity ( P
a: that the representative is not, and is not acting for, an approved organisation (which can be authorised to act as a representative under this section only under section 74
b: that reasonable steps have been taken to ascertain P’s views in relation to the appointment; and
c: if P’s views have been able to be ascertained,—
i: that P does not object to the appointment; or
ii: that P’s objection is not freely made. 1995 No 86 s 11(2), (3)
68: Views of person lacking capacity
1: A representative who under section 67 P
a: take reasonable steps to ascertain P’s views in relation to the matter; and
b: take reasonable steps to ascertain P’s welfare guardian’s views in relation to the matter, if P has a welfare guardian appointed under the Protection of Personal and Property Rights Act 1988
c: include in the application any views ascertained under paragraphs (a) and (b)
d: take reasonable steps to inform P’s welfare guardian of the progress of the application (for example, of any order made on it), if P has a welfare guardian appointed under the Protection of Personal and Property Rights Act 1988
2: However, section 67(3)﻿(b)
3: In determining the application, the court must take into account any views ascertained under section 67(3)﻿(b)
69: Applications on behalf of other people unable to apply personally
1: This section applies if a person aged 18 years old or over ( P
a: is not a person lacking capacity to whom section 67
b: is eligible to apply for a protection order; and
c: is prevented by physical incapacity, fear of harm, or another sufficient cause from making the application personally.
2: An application (made with or without notice) for a protection order may be made on behalf of P by a representative (for example, an approved organisation authorised by section 74 Act
3: The court or a Registrar may, on an application made under this subsection for the purpose, appoint a person as a representative of P for the purpose of making and prosecuting, on behalf of P, an application (made with or without notice) for a protection order if the person—
a: is not, and is not acting for, an approved organisation (which can be authorised to act as a representative under this section only under section 74
b: is 18 years old or over; and
c: is not incapacitated (as defined in subsection (5)
4: If an application for the appointment of a representative is made under subsection (3)
a: that reasonable steps have been taken to ascertain P’s views in relation to the appointment; and
b: if the views of P have been able to be ascertained,—
i: that P does not object to the appointment; or
ii: that P’s objection is not freely made; and
c: that it is in P’s best interests to make the appointment; and
d: that the proposed appointee—
i: consents in writing to the appointment; and
ii: is not incapacitated; and
e: that there is unlikely to be any conflict between the interests of the proposed appointee and P’s interests; and
f: that the proposed appointee has filed in the court an undertaking to be responsible for any costs awarded against P in the proceedings.
5: In this section, a person is incapacitated
a: not capable of understanding the issues on which the person’s decision would be required as a representative of a litigant conducting proceedings; or
b: otherwise unable to perform the duties of such a representative. 1995 No 86 s 12
70: Views of other person unable to apply personally
1: This section applies if an application for a protection order is made under section 69 P
2: P may be heard in the proceedings even though the proceedings arose from the application made by the representative.
3: If P expresses views on any matters related to the application, the court must take account of those views. Applications: by representatives: approved organisations
71: Approved organisations: general
1: An organisation approved under this section may be authorised by section 74
a: under section 62 section 111 162 178
b: under section 67 section 111 143(2) 162 178
c: under section 69 section 111 143(2) 162 178
2: An organisation may be approved under this section by the Secretary—
a: on an application made for the purpose by the organisation; or
b: on the Secretary’s own motion and with the organisation’s written consent.
3: An organisation seeking an approval under this section by way of an application, or an own-motion approval under this section, must follow the applicable process (if any) prescribed by regulations made under section 249(b)﻿(i)
4: The Secretary may, at any time, amend, suspend, or cancel an approval under this section ( see also section 72
5: An approval, or an amendment, suspension, or cancellation of an approval, under this section must be by written notice copied to the organisation ( see also section 73
72: Approved organisations: criteria to be applied
In deciding whether to grant, amend, suspend, or cancel an approval under this section, the Secretary must apply the criteria (if any) prescribed for the purposes of this section by regulations made under section 249(b)﻿(ii)
73: Approved organisations: duty to publish
The Secretary must publish promptly on an Internet site maintained by or on behalf of the Ministry of Justice an up-to-date list of approved organisations.
74: Applications by approved organisation authorised to act as representative
1: An approved organisation that complies with subsection (2) section 62 67 69 P
2: To comply with this subsection, the organisation must, without making an application to be appointed or to act as a representative for P, complete and file in the court an application form (for the order and) that—
a: shows that reasonable steps have been taken to ascertain P’s views in relation to the organisation acting as a representative for P; and
b: if the views of P have been able to be ascertained, shows—
i: that P does not object to the organisation acting as a representative for P; or
ii: that P’s objection is not freely made; and
c: shows that it is in P’s best interests for the organisation to act as a representative for P; and
d: shows that there is unlikely to be any conflict between the interests of the organisation and P’s interests; and
e: includes an undertaking to be responsible for any costs awarded against P in the proceedings.
3: However, subsection (2) Applications without notice
75: Application without notice: requirements
1: The court may make a protection order on an application without notice only if satisfied that the delay that would be caused by proceeding on notice would or might involve, for the applicant, or a child of the applicant’s family, or both, 1 or both of the following:
a: a risk of harm:
b: undue hardship.
2: In determining whether to make a protection order on an application without notice, the court must have regard to—
a: the perception of the applicant or a child of the applicant’s family, or both, of the nature and seriousness of the respondent’s behaviour; and
b: the effect of that behaviour on the applicant or a child of the applicant’s family, or both.
3: Subsection (2) 1995 No 86 s 13(1), (2)
76: Application without notice: order may become final
1: A protection order made on an application without notice is a temporary order that, unless sooner discharged, becomes final by operation of law 3 months after the date the order is made.
2: This section is subject to sections 147 to 155 1995 No 86 s 13(3)
77: Application without notice: respondent
If a protection order is made on an application without notice, the respondent may—
a: notify the court, under section 147
b: apply under section 159
c: apply under section 108
d: apply under section 109
e: if a direction is made under section 188 section 189 1995 No 86 s 13(4)
78: Application without notice: associated respondent
If a protection order is made on an application without notice and, under section 89
a: notify the court, under section 147 section 151
b: apply under section 160
c: apply under section 108
d: apply under section 109
e: if a direction is made under section 188 section 189 1995 No 86 s 13(5) Making of protection orders
79: Requirements for making of protection order
The court may make a protection order if it is satisfied that—
a: the respondent has inflicted, or is inflicting, family violence against the applicant, or a child of the applicant’s family, or both; and
b: the making of an order is necessary for the protection of the applicant, a child of the applicant’s family, or both. 1995 No 86 s 14(1)
80: Violence by another person encouraged by respondent
1: This section applies if a respondent encourages another person to engage in behaviour that, if engaged in by the respondent, would be family violence against the applicant, a child of the applicant’s family, or both.
2: The respondent is, for the purposes of section 79(a) 1995 No 86 s 14(2)
81: Protection order may be based on different types of violence
An order may be made under section 79 section 79(b) section 79(a) 1995 No 86 s 14(4)
82: Duty to consider whether apparently minor or trivial behaviour forms part of pattern against which victims need protection
1: This section applies if some or all of the behaviour in respect of which the application is made appears to be minor or trivial when viewed in isolation, or appears unlikely to recur.
2: The court must nevertheless consider whether the behaviour forms part of a pattern of behaviour against which the applicant, or a child of the applicant’s family, or both, need protection.
3: This section does not limit section 10(2) section 79(b) 1995 No 86 s 14(3)
83: Court must have regard to perception and effect of behaviour
1: When determining whether to make a protection order, the court must have regard to—
a: the perception of the applicant, a child of the applicant’s family, or both, of the nature and seriousness of the behaviour in respect of which the application is made; and
b: the effect of that behaviour on the applicant, a child of the applicant’s family, or both.
2: This section does not limit the matters that the court may consider when determining whether to make a protection order. 1995 No 86 s 14(5)
84: Other proceedings do not stop making of protection order
1: A court must not decline to make a protection order merely because of the existence of other proceedings between or relating to the parties.
2: This section applies whether or not the other proceedings between or relating to the parties also relate to any other person.
3: The other proceedings may be or include, but are not limited to, proceedings relating to the role of providing day-to-day care for, or contact with, or custody of a child. 1995 No 86 s 15
85: Mutual orders
If the court grants an application for a protection order, the court must not also make a protection order in favour of the respondent unless—
a: the respondent has made an application for a protection order; and
b: the court has determined that application under this Act 1995 No 86 s 18 Scope of protection orders
86: Protection of people other than applicant: child of applicant’s family
1: A protection order applies for the benefit of any child of the applicant’s family.
2: A protection order continues to apply for the benefit of a child of the applicant’s family until—
a: the child is no longer a child of the applicant’s family; or
b: the order sooner lapses or is discharged.
3: If a child of the applicant’s family has become an adult child (because that child of the applicant’s family, having attained the age of 18 years, continues to ordinarily or periodically reside with the applicant), a protection order continues to apply for the benefit of the adult child until—
a: the adult child ceases to ordinarily or periodically reside with the applicant; or
b: the order sooner lapses or is discharged. 1995 No 86 s 16(1), (1A), (1B)
87: Protection of people other than applicant: others
1: In or after making a protection order, the court may (subject to subsections (2) and (3)
a: a particular child of the applicant who, because the child does not ordinarily or periodically reside with the applicant, is not a child of the applicant’s family (as defined in section 8
b: any particular person with whom the applicant has a family relationship, and who is not a child of the kind specified in paragraph (a)
2: No direction may be made under subsection (1)﻿(a)
3: No direction may be made under subsection (1)﻿(b) subsection (1)﻿(a)
a: the respondent is engaging, or has engaged, in behaviour that, if the respondent and the person were or, as the case may be, had been in a family relationship, would amount to family violence against the person; and
b: the respondent’s behaviour towards the person is due, in whole or in part, to the applicant’s family relationship with the person; and
c: the making of a direction under this section is necessary for the protection of the person; and
d: if practicable, the person consents to the direction being made.
4: Sections 80 to 83 subsection (1)﻿(a) or (b) 1995 No 86 s 16(2), (3), (4)
88: Protection of people other than applicant: effect of applicant’s death
1: This section applies if the applicant dies at any time after a protection order is made for the protection of the applicant.
2: Despite the applicant’s death, the order (if it has not sooner lapsed or been discharged) continues to apply for the benefit of—
a: a child who at the time of the applicant’s death was a child of the applicant's family, until that child attains the age of 18 years; and
b: a person in respect of whom a direction has been made under section 87(1) 1995 No 86 s 16(5)
89: Protection from respondent’s associates
1: In or after making a protection order against the respondent, the court may also direct that the order apply against a person whom the respondent is encouraging, or has encouraged, to engage in behaviour against a protected person if that behaviour, if engaged in by the respondent, would amount to family violence.
2: However, no direction may be made under subsection (1)
a: the person is engaging, or has engaged, in behaviour against a protected person, where that behaviour, if engaged in by the respondent, would amount to family violence; and
b: the making of a direction under this section is necessary for the protection of the protected person.
3: A direction may be made under subsection (1)
4: Sections 80 to 83 subsection (1) 1995 No 86 s 17 Standard conditions of protection orders
90: Standard conditions: no family violence, no contact, no having others breach order
A protection order has, as standard conditions, that the respondent must not—
a: engage in behaviour that amounts to any form of family violence against the protected person ( see sections 9 10 11
b: make any contact with the protected person that is not contact authorised under or by section 91 96 standard no-contact condition
c: encourage a person to engage in behaviour against, or to make contact with, a protected person if the behaviour or contact, if engaged in or made by the respondent, would be prohibited by the protection order. 1995 No 86 s 19
91: Standard no-contact condition: exceptions with consent
Protected person can suspend or reinstate condition by giving or cancelling consent to contact
1: The protected person may suspend the standard no-contact condition by giving consent to contact.
2: The protected person may reinstate the standard no-contact condition by cancelling consent to contact. No limit on number of times condition can be suspended and reinstated
3: The standard no-contact condition may any number of times—
a: be suspended under subsection (1)
b: be reinstated under subsection (2) Contact unable to be authorised, giving of consent must be in required form
4: This section is subject to sections 93 94(1) 1995 No 86 ss 19 20
92: Standard no-contact condition: contact to which protected person can give or cancel consent
1: Contact to which the protected person may give or cancel consent under section 91(1) or (2)
a: contact made when the respondent and protected person are, with the protected person’s consent, living in the same dwellinghouse:
b: contact made—
i: if the protected person is present on or in any land or building; and
ii: by the respondent entering or remaining, or after the respondent enters or remains, on or in that land or building:
c: contact made when the respondent is a prisoner and receives the protected person as a private visitor under section 73(1)
d: contact made by telephone, letters or other writing, or email:
e: contact made by communication on or via an Internet site:
f: contact made by other digital communication.
2: This section is subject to section 93
93: Standard no-contact condition: contact unable to be authorised
No consent under section 91
a: an order for supervised contact in relation to a child:
b: no-contact conditions imposed by a direction under section 168A of the Criminal Procedure Act 2011
94: Standard no-contact condition: giving of consent must be in required form, but cancelling may take any form
1: No consent to contact under section 91
2: However, a cancelling of consent to contact under section 91
95: Standard no-contact condition: if special condition specifies that person is entitled to consent on behalf of protected person
1: This section applies if a protection order has a special condition imposed under section 103(3)
2: References in sections 91 to 94
a: the giving of the consent of the specified person:
b: the cancelling of consent by the specified person. 1995 No 86 s 20(6)
96: Standard no-contact condition: other exceptions
1: Contact by the respondent with the protected person is authorised, and not in breach of the standard no-contact condition, if the contact is—
a: reasonably necessary in any emergency; or
b: permitted under any order or written agreement relating to the role of providing day-to-day care for, or contact with, or custody of—
i: any child (within the meaning of section 8
ii: any child or young person (within the meaning of section 2
c: permitted under any special condition of the protection order; or
d: necessary for the purposes of attending a family group conference (within the meaning of section 2
e: necessary to attend any proceeding (of any kind) in or before any court or person acting judicially, or to attend any other matter that is associated with such a proceeding and that is a matter that the parties to the proceeding jointly attend (for example, a restorative justice conference, or a settlement conference convened under section 46Q
2: The contact authorised by subsection (1)
a: if the protected person is present on or in any land or building; and
b: by the respondent entering or remaining, or after the respondent enters or remains, on or in that land or building.
3: Subsection (2) subsection (1) 1995 No 86 ss 19 20
97: Standard conditions: associated respondents
1: This section applies if, under a direction made under section 89
2: Sections 90 to 96 1995 No 86 s 19(3) Standard condition about weapons
98: Standard condition about weapons: general
1: It is a condition of every protection order that—
a: the respondent must not possess, or have under the respondent’s control, any weapon (as defined in section 8
b: the respondent must not hold a firearms licence; and
c: the respondent must, within or at the time in subsection (2)﻿(a) or (b)
i: any weapon in the respondent’s possession or under the respondent’s control, whether or not any such weapon is lawfully in the respondent’s possession or under the respondent’s control; and
ii: any firearms licence held by the respondent.
2: The time for surrender under subsection (1)﻿(c)
a: as soon as practicable after the service on the respondent of a copy of the protection order, but in any case no later than 24 hours after that service; or
b: on demand made, at any time, by any constable.
3: This section is subject to sections 158 to 160 1995 No 86 s 21(1)
99: Standard condition about weapons: protection order suspends or revokes firearms licence
1: On the making of a protection order,—
a: if the protection order is a temporary order, any firearms licence held by the respondent is deemed to be suspended ( see also sections 163 to 165
b: if the protection order is a final order, any firearms licence held by the respondent is deemed to be revoked ( see also sections 163 to 165
2: This section is subject to sections 158 to 160 1995 No 86 s 21(2)
100: Standard condition about weapons: surrender of weapons or licence
1: The respondent does not fail to comply with the standard condition contained in section 98
a: in the case of a weapon, the weapon was in the respondent’s possession, or under the respondent’s control, immediately before the making of the protection order; and
b: in the case of a weapon or a firearms licence, the weapon or licence is in the respondent’s possession, or under the respondent’s control, during the period necessary to comply with the terms of that standard condition that relate to the surrender of the weapon or licence.
2: See also section 164 1995 No 86 s 21(3)
101: Standard condition about weapons: effect if condition included when protection order varied
1: If, under sections 158 to 160
a: the reference in section 98(2)﻿(a)
b: the references in sections 99 100(1)﻿(a)
c: the provisions of this Act
2: This section is subject to sections 158 to 160 1995 No 86 s 21(4)
102: Standard condition about weapons: associated respondents
1: If, under a direction made under section 89 sections 98 to 101
2: This section is subject to sections 158 to 160 1995 No 86 s 21(5) Special conditions of protection orders
103: Court may impose special conditions
1: In or after making a protection order, the court may impose any conditions that are reasonably necessary, in the court’s opinion, for 1 or both of the following purposes:
a: to protect the protected person from further family violence by the respondent, or the associated respondent, or both:
b: to address the inflicting of family violence against protected people who are particularly vulnerable (for example, due to age, disability, or health condition).
2: A condition imposed under subsection (1) subsection (1)
a: the manner in which arrangements for access to a child are to be implemented:
b: the manner and circumstances in which the respondent or the associated respondent, or both, may make contact with the protected person.
3: The court may under subsection (1) subsection (1) sections 90(b) 91 to 95 104
a: to consent on behalf of the protected person; and
b: to withdraw such consent.
4: If the court imposes a condition under this section, it may specify the period during which the condition is to have effect.
5: In the absence of a direction under subsection (4) section 104 1995 No 86 s 27
104: Special conditions that stop contact: exceptions with consent
1: This section applies to a special condition of a protection order if the special condition requires the respondent not to make contact with the protected person.
2: Sections 90 to 97 section 90(b) 1995 No 86 s 28 Interim care and contact orders
105: Interim orders in respect of child of applicant’s family
1: This section applies if—
a: an application has been made to the court for a protection order; and
b: there is a child of the applicant's family.
2: The court may make 1 or more of the following orders if it considers the order or orders are necessary to protect the welfare and best interests of the child concerned:
a: an interim order or orders about the role of providing day-to-day care for, or about contact with, a child of the applicant’s family:
b: any interim order or orders varying any order of the kind referred to in paragraph (a)
3: An order must not be made under subsection (2)
4: Before the court makes an order under subsection (2) Care of Children Act 2004
5: An interim order made under subsection (2) Care of Children Act 2004
6: An interim order made under subsection (2) section 48(1)
a: section 49A
b: it may be varied or discharged under section 56
c: a lawyer may be appointed under section 7
7: This section does not limit the court’s power under section 152 1995 No 86 s 28B Section 105(6)﻿(c) inserted 30 November 2022 section 41 Statutes Amendment Act 2022
106: Proceedings about interim order in respect of child of applicant’s family: legal aid
1: This section applies to proceedings under the Care of Children Act 2004
a: section 105 Act
b: the court makes under section 105(2) Act
c: section 105(6) Act section 48(1)
d: the proceedings under the Care of Children Act 2004
2: For the purposes of section 19(1) Act Part 4 1995 No 86 s 28D Section 106(1)﻿(c) amended 30 November 2022 section 42 Statutes Amendment Act 2022 Duration, variation, and discharge of protection orders
107: Duration of protection order
1: A temporary protection order continues in force until—
a: the order becomes a final order under section 148(1)
b: the order lapses under section 149(4)
c: the order is discharged under section 153 155
2: A final protection order continues in force until it is discharged under section 109 1995 No 86 s 45
108: Power to vary protection order
1: The court may, if it thinks fit, on the application of the applicant or the respondent, vary a protection order—
a: by varying or discharging any special condition of the protection order:
b: by imposing any special condition:
c: by varying or discharging a direction made under section 188
d: by making a direction under section 188
2: If a protection order applies against an associated respondent, the court may, if it thinks fit, on the application of the applicant or the associated respondent, vary the protection order, in so far as it relates to the associated respondent,—
a: by varying or discharging any special condition of the protection order:
b: by imposing any special condition:
c: by varying or discharging a direction made under section 188
d: by making a direction under section 188
3: The court may, if it thinks fit, on the application of the applicant, vary a protection order—
a: by directing, under section 87(1)
b: by directing, under section 89
4: The court may, if it thinks fit, on the application of a specified person (other than a child), vary a protection order—
a: by varying or discharging any special condition of the protection order, in so far as the special condition relates to the specified person:
b: by imposing a special condition that relates to that specified person.
5: If an application is made under this section in respect of a temporary protection order, the Registrar must assign a hearing date, which must be—
a: as soon as practicable; and
b: unless there are special circumstances, in no case later than 42 days after the application is made. 1995 No 86 s 46
109: Power to discharge protection order
1: The court may discharge a protection order if all the following apply:
a: the applicant or the respondent applies for the discharge:
b: the discharge complies with section 110
c: the court thinks fit.
2: On an application under subsection (1)
a: applies for the benefit of a specified person under a direction made under section 87(1)
b: applies against an associated respondent under a direction made under section 89
3: If a protection order to which subsection (2) subsection (4)
4: A specified person or, as the case may be, an associated respondent may apply for a protection order to be discharged in so far as the order relates to the specified person or, as the case may be, the associated respondent if the order—
a: applies for the benefit of the specified person under a direction made under section 87(1)
b: applies against the associated respondent under a direction made under section 89
5: On an application under subsection (4)
6: If an application is made under this section in respect of a temporary protection order, the Registrar must assign a hearing date, which must be—
a: as soon as practicable; and
b: unless there are special circumstances, in no case later than 42 days after the application is made. 1995 No 86 s 47
110: Test and criteria for discharging protection order
1: The court must not discharge a protection order under section 109
2: In determining whether to discharge a protection order under section 109
a: the length of the period since the order was made:
b: the behaviour that led to the making of the order (including its nature, its seriousness, and how often violence occurred):
c: whether, and if so how, the respondent acknowledges the respondent’s past behaviour that led to the making of the order:
d: whether the respondent to the order complied with required attendance at or engagement with, and achieved objectives of, any assessment or programme or prescribed services:
e: any relevant safety concerns that an assessor or a service provider has notified or advised under section 186 204
f: any family violence or breaches of the order since it was made:
g: the necessity for contact and the likelihood (if the order is discharged) of future contact:
h: the risk of future family violence:
i: whether areas of concern that led to the order are no longer evident:
j: any protected person’s ascertained views on the application (whether it is made by, or on behalf of, the applicant or the respondent).
3: Subsection (2) section 109
111: Variation or discharge on behalf of protected person
1: This section applies in relation to—
a: an application on behalf of a protected person for the variation or discharge of a protection order under this Act
b: the defending on behalf of a protected person of any such application made by the respondent or the associated respondent.
2: Sections 62 63 67 68 69 70 1995 No 86 s 48 Enforcement of protection orders
112: Offence to breach protection order (or related property order)
1: A person commits an offence if the person breaches a protection order by—
a: doing any act in contravention of the protection order; or
b: failing to comply with any condition of the protection order; or
c: contravening, or failing to comply with any term and condition of, a related occupation order (for example, by failing to leave the dwellinghouse to which the order relates); or
d: contravening a related tenancy order (for example, by failing to leave the dwellinghouse to which the order relates); or
e: contravening, or failing to comply with any term and condition of, a related ancillary furniture order (for example, by preventing possession and use of all or any items to which the order relates); or
f: contravening, or failing to comply with any term and condition of, a related furniture order (for example, by preventing possession and use of all or any items to which the order relates).
2: It is a defence in a prosecution for an offence under subsection (1)
3: Every person who is convicted of an offence against this section is liable to imprisonment for a term not exceeding 3 years.
4: A failure to comply with a direction made under section 188 subsection (1)﻿(b) 1995 No 86 s 49
113: Power to arrest for breach of protection order (or related property order)
If a protection order is in force, a constable may arrest, without warrant, a person who the constable has good cause to suspect has—
a: contravened the protection order; or
b: failed to comply with any condition of the protection order; or
c: contravened, or failed to comply with a term and condition of, a related occupation order; or
d: contravened a related tenancy order; or
e: contravened, or failed to comply with a term and condition of, a related ancillary furniture order; or
f: contravened, or failed to comply with a term and condition of, a related furniture order. 1995 No 86 s 50
5: Property orders
Preliminary provisions
114: Guide to this Part
This Part
a: an applicant may, when they apply for, or have, a protection order, apply for all or any of the following property orders:
i: an occupation order, giving the applicant the right to personally occupy a specified dwellinghouse ( see sections 115 to 119
ii: a tenancy order, vesting in the applicant the tenancy of a specified dwellinghouse ( see sections 121 to 123
iii: a furniture order, giving the applicant the possession and use of furniture, household appliances, and household effects in the dwellinghouse in which the parties live or have lived ( see sections 133 to 137
b: an applicant who applies for an occupation order or a tenancy order in respect of a dwellinghouse may also apply for an ancillary furniture order, giving the applicant the possession and use of furniture, household appliances, and household effects in the dwellinghouse ( see sections 127 to 131
c: the applicant or respondent can apply to have a property order varied or discharged ( see sections 120 124 132 138 Occupation orders
115: Occupation order: application for order
1: A person who makes an application for a protection order may, at any of the following times, also apply for an occupation order:
a: when making the application for the protection order; or
b: before the application for the protection order is determined; or
c: while the protection order applied for, if it is made, is in force.
2: If the person who is eligible to apply for an occupation order is a child, the child may make the application only under section 140(2)
3: An occupation order grants the applicant the right to live in a dwellinghouse owned by either party to the proceedings, or in which either party to the proceedings has a legal interest (for example, a tenancy), at the time the occupation order is made.
4: However, no occupation order may be made in respect of any dwellinghouse unless either party to the proceedings owned it, or either party to the proceedings had a legal interest (for example, a tenancy) in it, at a time when the family relationship in respect of which the protection order is sought or was made existed. 1995 No 86 s 52
116: Occupation order: power to make order
1: On or after making a protection order and on an application for an occupation order, the court may make an order giving the applicant the right to personally occupy a specified dwellinghouse ( see also sections 115(4) 117
2: Subsection (1) subsection (3) section 144 Property (Relationships) Act 1976
3: The court may make an order under subsection (1)
a: is reasonably necessary for 1 or both of the following purposes:
i: to meet the accommodation needs of the applicant, a child of the applicant’s family, or both:
ii: to enable the applicant to continue existing childcare, education, training, or employment arrangements for that person, a child of the applicant’s family, or both; or
b: is in the best interests of a child of the applicant’s family.
4: Subsection (3)
5: In determining whether to make an order under this section, the court must have regard to the reasonable accommodation needs of any other people who may be affected by the order. 1995 No 86 s 53(1), (2), (4)
117: Occupation order: living in dwellinghouse
An order may be made under section 116(1)
a: the parties have ever lived in the same dwellinghouse, whether in the dwellinghouse to which the order relates or any other dwellinghouse; or
b: either party lives in the dwellinghouse at the time the order is made. 1995 No 86 s 53(3)
118: Occupation order: periods and conditions
An order made under section 116(1)
a: for any period or periods the court thinks fit; and
b: on any terms and conditions relating to the occupation of the dwellinghouse to which the order relates the court thinks fit. 1995 No 86 s 53(5)
119: Occupation order: effect of order
1: The person in whose favour an occupation order is made is entitled, to the exclusion of the person against whom the order is made, to personally occupy—
a: the dwellinghouse to which the order relates; and
b: any related land, buildings, or improvements that are used, or ordinarily would be used, for the purposes of a household.
2: Contravening, or failing to comply with any term and condition of, an occupation order (for example, by failing to leave the dwellinghouse to which the order relates) is—
a: a breach of the related protection order; and
b: an offence against section 112 1995 No 86 s 54
120: Occupation order: power to vary or discharge
1: On the application of either party, or of the personal representative of either party, the court may, if it thinks fit, make an order—
a: extending or reducing any period specified by the court under section 118(a)
b: varying or discharging any terms and conditions imposed by the court under section 118(b)
c: discharging the occupation order.
2: If an application is made under this section in respect of a temporary occupation order, the Registrar must assign a hearing date, which must be—
a: as soon as practicable; and
b: unless there are special circumstances, in no case later than 42 days after the application is made. 1995 No 86 s 55 Tenancy orders
121: Tenancy order: application for order
1: A person who makes an application for a protection order may, at any of the following times, also apply for a tenancy order:
a: when making the application for the protection order; or
b: before the application for the protection order is determined; or
c: while the protection order applied for, if it is made, is in force.
2: If the person who is eligible to apply for a tenancy order is a child, the child may make the application only under section 140(2)
3: A tenancy order vests in the applicant the tenancy of any dwellinghouse of which either party to the proceedings is the sole tenant, or a tenant holding jointly, or in common, with the applicant, at the time the tenancy order is made.
4: However, no tenancy order may be made in respect of the tenancy of any dwellinghouse unless either party to the proceedings was the sole tenant, or a tenant holding jointly, or in common, with the applicant, at a time when the family relationship in respect of which the protection order is sought or was made existed.
5: In this section, dwellinghouse
a: any furniture or other household effects let with the dwellinghouse; and
b: any land, outbuildings, or parts of buildings included in the tenancy. 1995 No 86 s 56
122: Tenancy order: power to make order
1: On or after making a protection order and on an application for a tenancy order, the court may make an order vesting in the applicant the tenancy of a specified dwellinghouse.
2: Subsection (1) subsection (3) section 144 Property (Relationships) Act 1976
3: The court may make an order under subsection (1)
a: is reasonably necessary for 1 or both of the following purposes:
i: to meet the accommodation needs of the applicant, a child of the applicant, or both:
ii: to enable the applicant to continue existing childcare, education, training, or employment arrangements for that person, a child of the applicant, or both; or
b: is in the best interests of a child of the applicant’s family.
4: Subsection (3)
5: In determining whether to make an order under this section, the court must have regard to the reasonable accommodation needs of any other people who may be affected by the order. 1995 No 86 s 57
123: Tenancy order: effect of order
1: If a tenancy order takes effect, then, unless the tenancy is sooner lawfully determined,—
a: the applicant becomes the tenant of the dwellinghouse upon and subject to the terms and conditions of the tenancy in force at the time the order is made; and
b: the other party ceases to be a tenant.
2: Contravening a tenancy order (for example, by failing to leave the dwellinghouse to which the order relates) is—
a: a breach of the related protection order; and
b: an offence against section 112
3: Nothing in this Act
a: limits or affects the operation of any enactment or rule of law for the time being applicable to—
i: any tenancy to which section 121
ii: the dwellinghouse held under the tenancy; or
b: authorises the court to vary any express or implied term or condition of the tenancy except by—
i: vesting the tenancy under section 122
ii: revesting the tenancy under section 124 1995 No 86 s 58
124: Tenancy order: power to discharge and revest tenancy
1: On the application of a party against whom a tenancy order is made, or that party’s personal representative, the court may, if it thinks fit, make an order discharging the tenancy order and revesting the tenancy accordingly.
2: If an application is made under this section in respect of a temporary tenancy order, the Registrar must assign a hearing date, which must be—
a: as soon as practicable; and
b: unless there are special circumstances, in no case later than 42 days after the application is made.
3: If a revesting order made under subsection (1) 1995 No 86 s 59 General provisions relating to occupation orders and tenancy orders
125: Occupation orders and tenancy orders: applications without notice
1: An occupation order or a tenancy order may be made under section 116 122
2: Any occupation order or tenancy order made on an application without notice is a temporary order that, subject to sections 147 to 155
3: If a temporary order becomes a final order under subsection (2)
4: If an occupation order or a tenancy order is made on an application without notice while the applicant and the respondent are living in the same dwellinghouse, that occupation order or tenancy order expires—
a: on its discharge by the court; or
b: on the discharge of a temporary protection order made in conjunction with that occupation order or tenancy order; or
c: if no such protection order has been made and the court has not sooner discharged the occupation order or tenancy order, at the close of the seventh day after the date of the making of the occupation order or tenancy order.
5: If an occupation order or a tenancy order is made on an application without notice, the respondent may—
a: notify the court, under section 147
b: in the case of an occupation order, apply under section 120
c: in the case of a tenancy order, apply under section 124 1995 No 86 s 60
126: Occupation orders and tenancy orders: procedure
1: If an application is made for an occupation order, the court may treat that application as an application for a tenancy order or an occupation order or both, and may make a tenancy order (whether or not it makes an occupation order) if satisfied that—
a: it has jurisdiction to make a tenancy order (in particular because, as required by section 122(1) 125(1)
b: the making of a tenancy order is appropriate; and
c: section 144
2: If an application is made for a tenancy order, the court may treat that application as an application for an occupation order or a tenancy order or both, and may make an occupation order (whether or not it makes a tenancy order) if satisfied that—
a: it has jurisdiction to make an occupation order (in particular because, as required by section 116(1) 125(1)
b: the making of an occupation order is appropriate; and
c: section 144 1995 No 86 s 61 Ancillary furniture orders
127: Ancillary furniture order: application for order
1: A person who makes an application for an occupation order or a tenancy order in respect of a dwellinghouse may, at a time stated in subsection (2)
2: The person may apply for an ancillary furniture order—
a: at the time of making the application for the occupation order or tenancy order, or at any time before that application is determined; or
b: if the court makes an occupation order or a tenancy order on that application, at any time while that order remains in force.
3: If the person who is eligible to apply for an ancillary furniture order is a child, the child may make the application only under section 140(2)
4: Nothing in subsections (1) and (2) 1995 No 86 s 62
128: Ancillary furniture order: power to make order
1: On or after making an occupation order or a tenancy order, the court may (subject to subsection (2) sections 130 144
2: The court may make an order under subsection (1)
a: that, before the making of the order, the applicant and the other party to the proceedings have lived in the same dwellinghouse at the same time, and that the applicant is or will be living in the dwellinghouse specified in the occupation order or, as the case may be, the tenancy order; or
b: that a child of the applicant’s family is or will be living in the dwellinghouse so specified.
3: An order made under subsection (1) subsection (1)
4: It is not necessary for the court to specify, in an order made under subsection (1) 1995 No 86 s 63
129: Ancillary furniture order: terms and conditions
An order made under section 128(1) section 130
130: Ancillary furniture order: period and expiry
An order made under section 128(1)
a: unless the court otherwise directs, the order continues in force for 6 months from the date on which it is made; and
b: in any event, irrespective of the terms of the order, the order expires if the occupation order or tenancy order to which the order relates expires or is discharged.
131: Ancillary furniture order: effect of order
1: The person in whose favour an ancillary furniture order is made is entitled, to the exclusion of the person against whom the order is made, to the possession of the furniture, household appliances, and household effects to which the order relates for so long as the order is in force.
2: Contravening, or failing to comply with any term and condition of, an ancillary furniture order (for example, by preventing possession or use of all or any items to which the order relates) is—
a: a breach of the related protection order; and
b: an offence against section 112 1995 No 86 s 64
132: Ancillary furniture order: power to vary or discharge
1: On the application of either party, or of the personal representative of either party, the court may, if it thinks fit, and subject to subsection (2)
a: extending or reducing any period specified by the court under section 130
b: varying the furniture, household appliances, and household effects to which the order relates; or
c: varying or discharging any terms and conditions imposed by the court under section 129
d: discharging the ancillary furniture order.
2: The court must not vary an ancillary furniture order—
a: if the occupation order or tenancy order to which the ancillary furniture order relates is no longer in force; or
b: in circumstances in which the court could not make an ancillary furniture order under section 128
3: If an application is made under this section in respect of a temporary ancillary furniture order, the Registrar must assign a hearing date, which must be—
a: as soon as practicable; and
b: unless there are special circumstances, in no case later than 42 days after the application is made. 1995 No 86 s 65 Furniture orders
133: Furniture order: application for order
1: This subsection applies to a person if—
a: that person applies for a protection order; and
b: that person and the person against whom the application is made live in the same dwellinghouse, or have lived in the same dwellinghouse at the same time (regardless of which ground in section 12
c: that person does not apply for an occupation order or a tenancy order in respect of that dwellinghouse.
2: A person to whom subsection (1) subsection (3)
3: The person may apply for a furniture order—
a: at the time of making the application for the protection order, or at any time before that application is determined; or
b: if the court makes the protection order sought, at any time while that order remains in force.
4: If the person who is eligible to apply for a furniture order is a child, the child may make the application only under section 140(2) 1995 No 86 s 66
134: Furniture order: power to make order
1: On or after making a protection order, the court may also make an order giving the applicant the possession and use of all or any of the furniture, household appliances, and household effects in the dwellinghouse in which the parties live or have lived.
2: Subsection (1) subsection (2) sections 136 144 Property (Relationships) Act 1976
3: The court may make an order under subsection (1)
a: the applicant, a child of the applicant’s family, or both, are or were living in the dwellinghouse; and
b: the furniture, household appliances, and household effects are reasonably required to equip another dwellinghouse in which the applicant, or a child of the applicant’s family, or both, are or will be living.
4: An order made under subsection (1)
5: It is not necessary for the court to specify, in an order made under subsection (1) 1995 No 86 s 67(1), (2), (3), (4)
135: Furniture order: terms and conditions
1: An order made under section 134(1)
2: Those terms and conditions may, without limitation, require or relate to all or any of the following:
a: access to the dwellinghouse in which the parties live or have lived:
b: the timing of collection of the items to which the order relates:
c: the manner of collection of those items:
d: the absence from that dwellinghouse, at the time or times of collection of those items, of a specified person or specified people. 1995 No 86 s 67(5)
136: Furniture order: period and expiry
An order made under section 134(1)
a: unless the court otherwise directs, the order continues in force for 6 months from the date on which it is made; and
b: in any event, irrespective of its terms, the order expires if the protection order to which the order relates expires or is discharged. 1995 No 86 s 67(6)
137: Furniture order: effect of order
1: The person in whose favour a furniture order is made is entitled, to the exclusion of the person against whom the order is made, to the possession of the furniture, household appliances, and household effects to which the order relates for so long as it is in force.
2: Contravening, or failing to comply with any term and condition of, a furniture order (for example, by preventing possession and use of all or any items to which the order relates) is—
a: a breach of the related protection order; and
b: an offence against section 112 1995 No 86 s 68
138: Furniture order: power to vary or discharge
1: On the application of either party, or of the personal representative of either party, the court may, if it thinks fit, make an order—
a: extending or reducing any period specified by the court under section 136
b: varying the furniture, household appliances, and household effects to which the order relates; or
c: varying or discharging any terms and conditions imposed by the court under section 135
d: discharging the furniture order.
2: Nothing in this section allows a court to vary a furniture order—
a: if the protection order to which the furniture order relates is no longer in force; or
b: in circumstances in which the court could not make a furniture order under section 134
3: If an application is made under this section in respect of a temporary furniture order, the Registrar must assign a hearing date, which must be—
a: as soon as practicable; and
b: unless there are special circumstances, in no case later than 42 days after the application is made. 1995 No 86 s 69 Applications without notice for furniture orders
139: Ancillary furniture order or furniture order: applications without notice
1: An order under section 128 134
2: Any ancillary furniture order or furniture order made on an application without notice is a temporary order that, subject to sections 147 to 155
3: If a temporary order becomes a final order under subsection (2)
4: If an ancillary furniture order or a furniture order is made on an application without notice while the applicant and the respondent are living in the same dwellinghouse, the order expires—
a: on its discharge by the court; or
b: in the case of an ancillary furniture order, on the discharge of the occupation order or the tenancy order to which the ancillary furniture order relates; or
c: in the case of a furniture order, on the discharge of the protection order to which the furniture order relates.
5: If an ancillary furniture order or a furniture order is made on an application without notice, the respondent may—
a: notify the court, under section 147
b: in the case of an ancillary furniture order, apply under section 132
c: in the case of a furniture order, apply under section 138 1995 No 86 s 70 General provisions relating to property orders
140: Applications for property orders by children
1: A child may, under this section, make an application for a property order.
2: A child may make the application only—
a: by a representative (for example, an approved organisation that is authorised by section 74 Act
b: if aged 16 years old or older (in which case this paragraph authorises the child to take proceedings without a representative); or
c: if authorised under rules of court to do so without a representative.
3: This section does not limit or affect the making or operation of rules of court (for example, rules made under section 16A(1)
a: prevent an incapacitated child from taking part in, or from taking a step in, all or any specified proceedings under this Act
b: provide for a representative to make all or any specified applications under this Act 1995 No 86 s 71
141: Views of child on whose behalf application made by representative
1: This section applies if an application for a property order is made, on behalf of a child, by a representative under section 140(2)﻿(a)
2: The child may be heard in the proceedings, even though they arose from the application made by the representative, and despite section 140(2)﻿(a)
3: If the child expresses views on any matters related to the proceedings, the court must take account of those views.
142: Applications for property orders against children
The court must not make a property order against a child unless satisfied that the child is aged 16 years old or over and that the order is justified by special circumstances. 1995 No 86 s 72
143: Applications for property orders on behalf of people other than children
1: This section applies to an application made under this Part
2: Sections 67 68 69 70 Part 4 1995 No 86 s 73
144: Notice to people with interest in property affected
1: Before any order (other than a temporary order) is made under this Part
2: A person to whom notice is given under subsection (1) 1995 No 86 s 74
145: Protection of mortgagees, etc
1: The rights conferred on any person in respect of any property by any order made under this Act
a: the mortgage, security, charge, or encumbrance was registered before the order was made; or
b: the rights of the person entitled to that benefit arise under an instrument (including, but not limited to, a hire purchase agreement) executed before the date of the making of the order.
2: Subsection (1) subsection (3)
3: No money payable under any such mortgage, security, charge, or encumbrance may (despite anything in any enactment or in any instrument) be called up, or becomes due, by reason only of the making of an order under this Act 1995 No 86 s 75
6: Procedure
Preliminary provisions
146: Guide to this Part
This Part
a: temporary orders, including provisions indicating that—
i: if the court makes a temporary order, the respondent can notify the court that they wish to be heard on whether the temporary order should become final ( see section 147
ii: a temporary order becomes final 3 months after it was made, if the respondent has been served with a copy in the specified period and the respondent has not notified the court that they wish to be heard ( see sections 148 to 156
b: general procedural matters, for example, appointment of lawyers to assist the court or to represent a child, and explaining orders to respondents ( see sections 166 to 176
c: appeals, against a decision of a court in proceedings under this Act, to the High Court or Court of Appeal ( see sections 177 to 181 Temporary orders
147: Respondent to notify intention to appear
1: If the court makes a temporary order under this Act
2: The temporary order must contain a notice to the respondent that clearly states—
a: the respondent’s right under subsection (1)
b: that, subject to sections 150 151 188 section 148
3: If the respondent notifies the court, under subsection (1)
a: as soon as practicable; and
b: unless there are special circumstances, in no case later than 42 days after the receipt of the respondent’s notice. 1995 No 86 s 76
148: Procedure if respondent does not require hearing
1: A temporary order becomes final by operation of law 3 months after the date on which it is made, unless—
a: the respondent notifies the court under section 147(1)
b: the order is sooner discharged.
2: Subsection (1)
a: section 149
b: section 150
c: section 151 sections 147 to 150
d: section 188
3: If a temporary order becomes a final order under subsection (1) 1995 No 86 s 77(1), (1A)
149: Requirements and procedure for temporary order to become final
1: No temporary order becomes final under section 148
a: the respondent has been served with a copy of the order no later than the 11th day before the 3-month period specified in section 148(1)
b: the respondent has not notified the court, before that period elapses, that the respondent wishes to be heard.
2: If, under subsection (1)﻿(a)
3: No such extensions may extend that period by more than 3 months in total, and the temporary order continues in force until the expiry of any such extensions.
4: If the period for service is extended under subsections (2) and (3) 1995 No 86 s 77(2), (3), (4)
150: Court may require hearing before order becomes final
1: If the court considers that there is good reason why a temporary order should not become final under section 148
2: A direction made under subsection (1)
a: be made on the court’s own motion; and
b: relate to the whole, or to specified parts, of the order made or sought; and
c: be made even though the respondent does not wish to be heard.
3: If the direction under subsection (1) section 148
4: If, under subsection (1)
5: If the court makes a direction under subsection (1) section 169 section 169(4) 1995 No 86 s 78
151: Application of sections 147 to 150 to other affected people
1: Sections 147 148 149 150
2: If, under section 147 section 148
3: No occupation order, tenancy order, ancillary furniture order, or furniture order that is a temporary order becomes final unless the court is satisfied that—
a: notice has been given under section 144
b: the person so notified takes no steps in the proceedings. 1995 No 86 s 79
152: Review of contact arrangements
1: In making a temporary protection order, the court may direct the Registrar to convene a review before a Family Court Judge of the arrangements for contact between the respondent and a child of the applicant’s family.
2: On receiving a direction under subsection (1)
a: appoint a time and place for the holding of the review; and
b: inform the applicant and respondent of the date, time, and place of the review and invite them to attend.
3: Only the following people may attend the review:
a: the applicant:
b: the respondent:
c: a lawyer representing the applicant:
d: a lawyer representing the respondent:
e: a lawyer appointed under section 166
f: any lawyer appointed under section 7(1) Act
g: any other people whom the Family Court Judge permits to be present.
4: If both the applicant and the respondent attend or are represented at the review, the Judge may—
a: make an interim order relating to contact under section 105
b: impose any condition under section 103 section 103(2)﻿(a)
c: give any directions that the Judge considers necessary.
5: This section, so far as applicable and with the necessary modifications, applies to an associated respondent as if the person were a respondent.
6: This section does not limit the court’s powers under section 105 1995 No 86 s 79A
153: Procedure if hearing required: general
1: This section applies if a hearing is required or held (for example, because the court is notified, under section 147 151 section 151(3)
2: The court may at the hearing—
a: discharge the temporary order; or
b: make the temporary order a final order (with or without variation); or
c: on good cause being shown (and if section 154(3)
3: If, under subsection (2)﻿(a) section 124 1995 No 86 s 80(1)﻿(a), (b), (d), (2)
154: Procedure if hearing required: effect of, and limit on, adjournment
1: This section applies if a hearing is adjourned under section 153(2)﻿(c)
2: The temporary order continues in force until that date.
3: At the hearing on that date, the court may adjourn the hearing under section 153(2)﻿(c) 1995 No 86 s 80(1)﻿(d), (4), (5)
155: Procedure if hearing required: if part of temporary order has already become final
1: This section applies if a hearing is required or held (for example, because the court is notified, under section 147 151 section 151(3)
2: The court may at the hearing, if section 150(3) 151(2) section 148
a: confirm the temporary order to the extent that it has not already become final:
b: confirm the temporary order to the extent that it has not already become final, but exercise, in relation to that part of the temporary order so confirmed, any power conferred by this Act
c: discharge the temporary order to the extent that it has not already become final.
3: If, under subsection (2) 1995 No 86 s 80(1)﻿(c), (3)
156: Temporary order discharged when made final order
1: If a temporary order becomes a final order under section 153(2)﻿(b)
2: If the part of a temporary order not already a final order is confirmed under section 155(2)﻿(a) or (b) 1995 No 86 s 80A Standard condition about weapons
157: Restrictions on powers to remove, change, etc
1: A court may under any of sections 158 to 160
2: A court may under any of sections 158 to 160 subsection (3)
a: to permit a person to whom the standard condition applies to have in the person’s possession, or have under the person’s control, a specified weapon, or weapons of a specified class, either unconditionally or subject to any conditions the court thinks fit:
b: if necessary, to permit such a person to hold a firearms licence:
c: if the terms of the standard condition have already been modified so as to make them less onerous than the terms set out in section 98
3: A court may under any of sections 158 to 160 subsection (2)﻿(a) or (b)
a: that the standard condition about weapons, in the terms set out in section 98
b: that the standard condition about weapons, in the terms proposed, will sufficiently protect those people from further family violence.
4: In determining whether to exercise a power under any of sections 158 to 160
a: the need to protect those people for whose benefit the protection order applies from further family violence is the paramount consideration; and
b: the court must, so far as is practicable, and without limiting paragraph (a)
i: whether the people for whose benefit the protection order applies consent to the exercise of the power in the manner proposed:
ii: the nature, seriousness, and recentness of any family violence that is relevant to the exercise of the power:
iii: the effect that the terms of the standard condition about weapons is having, or will have, on the people to whom the condition applies, or will apply, if the powers are not exercised in the manner proposed:
iv: any other matters the court considers relevant.
5: If the terms of the standard condition about weapons are modified under any of sections 158 to 160 section 98 Act
6: A Police employee is not obliged to issue a firearms licence to a person to whom a standard condition about weapons applied or, as the case requires, applies, just because of the fact that—
a: that standard condition has been discharged under any of sections 158 to 160
b: the terms of that standard condition have been modified under any of sections 158 to 160 1995 No 86 s 23
158: Removal or change: if protection order is final or confirmed
1: This subsection applies if—
a: the court makes a final protection order on an application on notice; or
b: the court under section 153(2) 155(2)
i: discharges a temporary protection order and makes a final protection order in its place; or
ii: confirms a temporary protection order to the extent that it has not already become final.
2: If subsection (1) section 157
a: direct that the standard condition about weapons is not to be a condition of the protection order; or
b: modify the terms of that standard condition. 1995 No 86 s 22(1)
159: Addition, removal, or change: on application of protection order applicant or respondent
The court may vary a protection order, on the application of the applicant or the respondent and subject to section 157
a: if the standard condition about weapons is not a condition of the protection order, by directing that the standard condition about weapons (with or without modification) is to be a condition of the protection order:
b: if the standard condition about weapons is a condition of the protection order (with or without modification), by—
i: discharging the standard condition about weapons:
ii: modifying the terms of that standard condition. 1995 No 86 s 22(2)
160: Addition, removal, or change: on application if protection order applies against associated respondent
1: If a protection order applies against an associated respondent, the court may vary the protection order, in so far as it relates to the associated respondent, on the application of the applicant or the associated respondent, and subject to section 157
a: if the standard condition about weapons is not a condition of the protection order, by directing that the standard condition about weapons (with or without modification) is to be a condition of the protection order:
b: if the standard condition about weapons is a condition of the protection order (with or without modification), by—
i: discharging the standard condition about weapons:
ii: modifying the terms of that standard condition.
2: Under subsection (1)
a: direct that the standard condition about weapons—
i: is not to be a condition of a protection order, in so far as the protection order relates to the respondent; but
ii: is to be a condition of a protection order (with or without modification), in so far as the protection order relates to the associated respondent:
b: discharge the standard condition about weapons in so far as the condition relates to the respondent, but not in so far as the condition relates to the associated respondent. 1995 No 86 s 22(3), (4)
161: Hearing date if application about temporary protection order
If an application is made under section 159 160
a: as soon as practicable; and
b: unless there are special circumstances, in no case later than 42 days after the application is made. 1995 No 86 s 22(5)
162: Making or defending application on behalf of protected person
Sections 62 63 67 68 69 70
a: any application under section 159 160
i: a direction that the standard condition about weapons be a condition of a protection order; or
ii: the modification or discharge of the standard condition about weapons; and
b: the defending, on behalf of a protected person, of any application under section 159 160 1995 No 86 s 22(6)
163: Further provisions about effect on firearms licence
1: A firearms licence held by the respondent or an associated respondent is deemed to be revoked if—
a: a temporary protection order becomes a final order under section 149(1)
b: when the order becomes final, the licence is suspended under section 99
2: If a person’s firearms licence is suspended under section 99
a: that person is deemed, for all purposes, not to be the holder of a firearms licence during the period of the suspension; but
b: at the end of that suspension, then, unless the firearms licence is revoked (whether under subsection (1)
3: If, under subsection (1) section 99 Act section 27
4: However, nothing in subsection (3)
a: limits the terms of the standard condition about weapons; or
b: confers on a person any right to appeal to any court, other than under section 177 1995 No 86 s 24
164: Retention, return, and disposal of surrendered weapons, etc
1: If a person to whom the standard condition about weapons applies surrenders any weapon to a constable under section 100
a: if the person’s firearms licence is suspended under section 99
i: the Police must detain the weapon for the period of the suspension, and, unless the weapon may lawfully be retained under any other enactment, must return the weapon to the person as soon as practicable after that suspension ceases to be in force (subject to subparagraph (ii) paragraphs (b) and (c) sections 158 to 160
ii: the person whose firearms licence is suspended may, at any time during the period of the suspension, if the weapon is owned by that person, sell or otherwise dispose of the weapon to a person approved for the purpose by a constable, and in any such case the weapon must be delivered to that other person (subject to paragraph (c)
b: if the person’s firearms licence is revoked under section 99 section 163(1) Act paragraph (c) subsections (2) to (4) of section 28
c: if, at the time of the surrender of the weapon, the person was not lawfully entitled to possess the weapon (disregarding, for that purpose, the effect of the standard condition about weapons), the weapon is deemed to have been seized and detained under the Arms Act 1983 sections 65 70
d: in any other case,—
i: the Police must detain the weapon for the period during which the standard condition about weapons remains in force, and, unless the weapon may lawfully be retained under any other enactment, must return the weapon to the person as soon as practicable after the standard condition about weapons ceases to be in force (subject to subparagraph (ii) paragraph (c) sections 158 to 160
ii: the person may, at any time during the period during which the standard condition about weapons remains in force, if the weapon is owned by the person, sell or otherwise dispose of the weapon to a person approved for the purpose by a constable, and in any such case the weapon must be delivered to that other person (subject to paragraph (c)
2: If a person’s firearms licence is suspended under section 99 1995 No 86 s 25
165: Arms Act 1983 not affected
1: Sections 98 to 102 158 to 164 Arms Act 1983
a: the revocation of any firearms licence; or
b: the seizure of any weapon.
2: A suspension of a person’s firearms licence ceases to be in force if—
a: that suspension is one under section 99
b: during the period of that suspension, that firearms licence is revoked under the Arms Act 1983 1995 No 86 s 26 General provisions
166: Court may appoint lawyer
1: In any proceedings under this Act
a: to assist the court; or
b: to represent a child—
i: in any proceedings on an application made, on behalf of that child, under section 62(2)﻿(a)
ii: in any proceedings relating to or arising out of a protection order made, under this Act
c: to represent a child (unless the child is, in the proceedings concerned, already represented by a lawyer)—
i: in any proceedings on an application made under sections 60 64(1) sections 64(2) 89
ii: in any proceedings relating to or arising out of a protection order or a direction made, under this Act
d: to represent a person lacking capacity to whom section 67
i: in any proceedings on an application made, on behalf of that person, under section 67(2) Act
ii: in any proceedings relating to or arising out of an order made, under this Act
2: A lawyer appointed under subsection (1)﻿(c) or (d)
a: call any person as a witness in the proceedings; and
b: cross-examine witnesses called by any party to the proceedings or by the court. 1995 No 86 s 81(1), (2)
167: Fees and expenses of lawyer appointed by Court
1: The fees and expenses of a lawyer appointed under section 166(1)﻿(a), (b), or (c)
a: be determined under regulations made under section 16D
b: be paid under that determination out of public money appropriated by Parliament for the purpose.
2: The fees and expenses of a lawyer appointed under section 166(1)﻿(d)
a: be determined under regulations made under this Act
b: be paid under that determination out of public money appropriated by Parliament for the purpose.
3: An invoice rendered by a lawyer appointed under section 166
4: If the lawyer is dissatisfied with the decision of the Registrar as to the amount of the invoice, the lawyer may, within 14 days after the date of the decision, apply to a Judge of the court to review the decision.
5: The Judge may, on a lawyer’s application under subsection (4) 1995 No 86 s 81(2A), (3), (4), (5)
168: How Judge ascertains child’s views (other than at hearing)
1: If the court is required, or considers it necessary or desirable, to ascertain a child’s views (other than at any hearing of any application), a Judge may interview the child to ascertain those views.
2: This section does not affect rules of court on the court ascertaining a child’s views at any hearing of any application.
169: Power of court to call witnesses
1: In any proceedings before a court under this Act
2: The power conferred by subsection (1)
a: a party to the proceedings:
b: the spouse or partner of a party to the proceedings:
c: an associated respondent:
d: a specified person.
3: If the court calls a witness under this section,—
a: the witness has the same privilege to refuse to answer any question as the witness would have if called by a party to the proceedings; and
b: the witness may be examined and re-examined—
i: by the court:
ii: by or on behalf of any party to the proceedings:
iii: by any lawyer appointed under section 166
4: Sections 159 161 to 165
5: The expenses of any witness called by the court under this section are payable—
a: under the scale of witnesses’ expenses prescribed by regulations made under this Act
b: in the first instance, out of public money appropriated by Parliament for the purpose. 1995 No 86 s 82
170: Conduct of proceedings
1: No person may be present during the hearing of any proceedings under this Act
a: officers of the court:
b: the parties to the proceedings:
c: any lawyer representing any party to the proceedings:
d: any lawyer appointed under section 166
e: any lawyer appointed under section 7(1) Act
f: if, under a provision of this Act
i: the person so bringing or defending the proceedings:
ii: the person on whose behalf the proceedings are so brought or defended:
g: witnesses:
h: accredited news media reporters:
i: any person who is nominated by the applicant for a protection order or by a protected person under subsection (2)
j: any other person whom the Judge permits to be present.
2: For the purposes of any proceedings to which this section applies, any party to the proceedings (being an applicant for a protection order or a protected person) may nominate a reasonable number of people (being members of the party’s family, whānau, or family group, or any other person) to attend any hearing of those proceedings for the purpose of providing support to that party.
3: Any witness and any accredited news media reporter must leave the courtroom if asked to do so by the Judge.
4: No person present in the courtroom under subsection (1)﻿(i)
5: Nothing in this section limits any other power of the court—
a: to hear proceedings in private; or
b: to permit a McKenzie friend to be present; or
c: to exclude any person from the court. 1995 No 86 s 83
171: Standard of proof
1: This section applies in any proceedings under this Act
2: Every question of fact arising must be decided on the balance of probabilities. 1995 No 86 s 85
172: Orders by consent
1: This section applies in any proceedings before a court under this Act
2: The court may make any order under this Act
3: This section is subject to section 85 1995 No 86 s 86
173: Explanation of orders
1: If, in any proceedings under this Act Act
a: the effect of the order; and
b: the consequences that may follow if the person fails to comply with the terms of the order; and
c: the means by which the order can be varied or discharged.
2: A Registrar may give the explanation required by subsection (1)
3: Failure to give the explanation required by subsection (1)
4: If the court makes an order under this Act
a: the consequences that may follow if the person fails to comply with the terms of the order; and
b: the means by which the order can be varied or discharged.
5: Failure to include in a copy of an order made under this Act subsection (4) 1995 No 86 s 87
174: Sending of orders, and risk factor information, to Police
1: On the making of a temporary order or a final order under this Act Act
2: If a copy of an order is made available to a District Commander under subsection (1)
3: For the purposes of this section, a copy of an order, or a copy of a copy of an order, may be made available in any of the following ways:
a: by sending the copy by means of electronic transmission (whether by way of facsimile transmission, electronic mail, or other similar means of communication):
b: by entering the copy on a database maintained in electronic form, where that database may be accessed by the person or people to whom the copy is required to be made available:
c: by making the copy available in any manner prescribed by regulations made under this Act
d: by making the copy available in any other manner appropriate in the circumstances.
4: If making a copy of an order available to a District Commander under subsection (1) subsection (3)
a: to the Registrar, by or on behalf of the applicant for the order; and
b: to help the Police assess risks, or needs, arising from family violence.
5: Risk factor information made available under this section may be disclosed by the Police under section 20 1995 No 86 s 88
175: Information on service of certain orders to be communicated to Police
1: This section applies if a person ( P R
a: who is the respondent or an associated respondent; and
b: to whom the standard condition about weapons applies.
2: P must, without delay, give notice of the following place, date, and time to the officer in charge of the Police station nearest to where the copy of the order was served:
a: the place where the copy of the order was so served; and
b: the date and time of service. 1995 No 86 s 89
176: Police to consider exercise of powers under Arms Act 1983
1: This section applies if a copy of an order, or a copy of a copy of an order, is made available to the officer in charge of a Police station under section 174(2)
a: the order discharges a protection order, and no other protection order is made in substitution for that protection order; or
b: the order discharges an order made under Part 5 Part
c: the order varies an order made under Part 5
2: If this section applies, the officer in charge of the Police station must immediately establish whether or not the respondent and any associated respondent named in the order hold a firearms licence.
3: If this section applies, and the officer in charge of the Police station knows that the respondent or any associated respondent, or both, hold a firearms licence, then unless the firearms licence is deemed to be revoked under section 99 sections 27(1) 27A
4: Subsection (3) subsection (2)
5: If this section applies, the officer in charge of the Police station must, in every case, arrange for an appropriate person to consider immediately whether or not the powers conferred by section 18 (warrantless searches associated with arms, including in cases of family violence) of the Search and Surveillance Act 2012 should be exercised in that case. 1995 No 86 s 90 Appeals
177: Appeals to High Court
1: This subsection applies to a decision of a court, in proceedings under this Act
a: make or refuse to make an order; or
b: dismiss the proceedings; or
c: otherwise finally determine the proceedings.
2: Subsection (1) section 123B see section 123H
3: A party to proceedings in which there is made a decision to which subsection (1)
4: The High Court Rules 2016 sections 126 to 130 subsection (3) section 124
5: The court appealed from may order, on a without notice application for the purpose made by the appellant, that the appellant must not be required under section 126(1)
6: Subsection (5) subsection (4)
7: The decision of the High Court on an appeal to that court under this section is final (subject to section 179 1995 No 86 s 91
178: Application of provisions which relate to children, etc
Sections 62 63 67 68 69 70
a: the making and prosecution of an appeal under section 177 179
b: the defending of any such appeal. 1995 No 86 s 92
179: Appeals to Court of Appeal
1: A party to any appeal under section 177
2: On an appeal to the Court of Appeal under this section, the Court of Appeal has the same power to adjudicate on the proceedings as the High Court had.
3: The decision of the Court of Appeal on an appeal to that court under this section, and on an application to it under this section for leave to appeal, is final. 1995 No 86 s 93
180: Appeals to be heard as soon as practicable
Every appeal under section 177 179 1995 No 86 s 94
181: Effect of appeal
Unless the court making the order appealed from directs otherwise,—
a: the operation of an order made under this Act section 177 179
b: every order made under this Act 1995 No 86 s 95 Restriction on publication
182: Restriction of publication of reports of proceedings
Sections 11B to 11D Act
a: in the Family Court:
b: in any other court, in which case references in those sections to the Family Court or court must be read as references to that other court. 1995 No 86 s 125
7: Programmes and prescribed services
Interpretation Preliminary provisions
183: Guide to this Part
This Part
a: assessors and service providers may be approved to provide non-violence programmes or prescribed services ( see section 212
b: an assessor or service provider must notify the Registrar and the Police of any safety concerns ( see section 185
c: if the court makes a protection order, the applicant, or the applicant’s representative, can request a safety programme be provided to the applicant, a child of the applicant’s family, or a specified person ( see section 187
d: the court, on making a protection order, must direct the respondent to undertake assessment for, and attend, a non-violence programme ( see section 188
e: the court, on making a protection order, may direct the respondent to undertake an assessment for prescribed services, and to engage with any prescribed standard service, provided by a service provider, that an assessor has determined may be appropriate for and may benefit the respondent ( see section 188
f: the court may direct and require the respondent to engage with a prescribed non-standard service if the assessor has determined that the service may be appropriate for and may benefit the respondent ( see section 198
g: in general, information provided to an assessor or service provider must not be admitted as evidence ( see section 205
h: failure to comply with a direction is a criminal offence punishable on conviction by a fine not exceeding $5,000 or a term of imprisonment not exceeding 6 months ( see section 211
184: Interpretation
In this Part approval section 212
a: an approval of an assessor:
b: an approval of a service provider assessment
a: the extent to which the respondent poses a safety risk to any person or the public; and
b: if the assessment is an assessment for a non-violence programme, what, if any, non-violence programme is the most appropriate for the respondent to attend; and
c: if the assessment is an assessment for prescribed services, what, if any, prescribed services may be appropriate for and may benefit the respondent assessor non-violence programme
a: is provided by a service provider; and
b: is provided to a respondent; and
c: has the primary objective of stopping or preventing family violence on the part of the respondent prescribed non-standard service section 8 prescribed service section 8 prescribed standard service section 8 programmes
a: safety programmes; and
b: non-violence programmes respondent Act safety programme
a: is provided by a service provider; and
b: is provided to a protected person; and
c: has the primary objective of promoting (whether by education, information, support, or otherwise) the protection of the protected person from family violence service provider 1995 No 86 s 51A Notification of safety concerns
185: Safety concerns
Concerns about safety of protected person
1: In this section, concerns about the safety of a protected person
a: is imminent, escalating, or grave; and
b: adds to the concerns that supported the making of the protection order. Safety programme provided for protected person
2: Section 186 Assessment undertaken of respondent
3: Section 186 Non-violence programme or prescribed service provided to respondent
4: Section 186
186: Assessor or service provider to notify safety concerns
1: The assessor or service provider mentioned in section 185(2), (3), or (4)
a: the Registrar:
b: the District Commander at the appropriate Police District Headquarters:
c: if there is a perceived risk to any child, the chief executive.
2: On receiving a notification under subsection (1)﻿(a)
a: arrange for the protected person to be advised of the assessor’s or service provider’s concerns; and
b: comply with section 208 Safety programmes
187: Safety programmes for protected people
1: If the court makes a protection order,—
a: the applicant, or the applicant’s representative, may request the Registrar to authorise the provision of a safety programme to all or any of the following people:
i: the applicant:
ii: a child of the applicant’s family:
iii: a specified person; and
b: a child of the applicant’s family may request the Registrar to authorise the provision of a safety programme to that child if no request has been made under paragraph (a)﻿(ii)
c: a specified person (other than a child) may request the Registrar to authorise the provision of a safety programme to that specified person if no request has been made under paragraph (a)﻿(iii)
2: If, at the time the protection order is made, the applicant has not made a request under this section, and the applicant is not legally represented, the Judge or the Registrar must inform the applicant of the applicant's right to make such a request.
3: One or more requests may be made under all or any of subsection (1)﻿(a), (b), and (c)
4: If a request is made to a Registrar under subsection (1)﻿(a), (b), or (c)
a: must arrange for the matter to be referred to a service provider without delay, if the request is the first one made by or on behalf of the applicant, child of the applicant’s family, or specified person; and
b: may do so, if the request is a later one made by or on behalf of the applicant, child of the applicant’s family, or specified person.
5: Every lawyer acting for an applicant for a protection order must—
a: ensure that the applicant is aware of the applicant’s right to make a request under this section; and
b: if the applicant wishes to exercise that right, take any further steps the lawyer considers necessary to enable the applicant to do so. 1995 No 86 s 51C Non-violence programmes and prescribed services
188: Directions for assessments, non-violence programme, and prescribed standard services
Court making protection order must make direction for non-violence programme
1: On making a protection order, the court must direct the respondent to—
a: undertake an assessment for a non-violence programme; and
b: attend a non-violence programme, provided by a service provider, that an assessor determines is an appropriate non-violence programme for the respondent to attend.
2: However, the court need not make a direction under subsection (1) Court making protection order may make direction for prescribed services
3: On making a protection order, the court may direct the respondent to—
a: undertake an assessment for prescribed services; and
b: engage with any prescribed standard service, provided by a service provider, that an assessor determines may be appropriate for and may benefit the respondent. 1995 No 86 s 51D
189: Objection process if direction made on application without notice
1: This section applies if the court makes a direction under section 188
2: If this section applies,—
a: the direction does not take effect until 10 working days after a copy of the direction is served on the respondent; and
b: the respondent may, within those 10 working days, notify the court that the respondent objects to the direction.
3: If the respondent, under subsection (2)﻿(b)
a: 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 objection; and
b: the direction is suspended from the date on which the court receives the notice of objection until the court, after considering the respondent's objection, confirms (with or without variation) or discharges the direction.
4: Nothing in this section or section 190 section 147 151 1995 No 86 s 51E
190: Court may confirm or discharge direction after considering objection
1: After considering an objection, made under section 189
a: confirm the direction; or
b: vary the direction; or
c: discharge the direction.
2: If the court under subsection (1)
3: Failure to give the warning required by subsection (2) 1995 No 86 s 51F
191: Referral of respondent to assessor
1: After the court has made a direction under section 188
a: arrange for the respondent to be referred to an assessor who has been granted an approval to undertake an assessment of the kind required by the direction; and
b: notify the assessor of the direction made under section 188
2: This section is subject to section 189 1995 No 86 s 51G
192: Assessor meets with respondent, undertakes assessment, and makes determinations
As soon as possible after receiving a notification under section 191
a: undertake an assessment of the respondent; and
b: determine, if the direction in the notification is that the respondent undertake an assessment for a non-violence programme, whether there is an appropriate non-violence programme, provided by a service provider, for the respondent to attend; and
c: determine, if the direction in the notification is that the respondent undertake an assessment for prescribed services, whether (and, if so, which of) the types of services specified in regulations made under section 249(a) 1995 No 86 s 51H
193: When assessments or determinations need not be undertaken or made
1: However, the assessor need not undertake or complete an assessment, or make a determination, under section 192
2: On making a decision under subsection (1) section 192
3: On receiving notification of, and a copy of, the assessor’s decision under subsection (1) see section 206 1995 No 86 s 51H
194: Order of, and delaying, respondent’s attendance or engagement
1: Subsection (2) section 192(c) section 198
a: a determination under section 192(b)
b: a determination under section 192(c)
2: The assessor must, in making the 1 or more determinations, decide (jointly with any other assessor referred under section 191 section 188
3: On making a decision under subsection (2) see section 206 1995 No 86 s 51H
195: Assessor to ascertain, etc, victims’ views
In undertaking an assessment, or making a determination, under section 192
a: take all reasonable steps to ascertain any views on the matter of the following:
i: the applicant:
ii: a child of the applicant’s family:
iii: a specified person; and
b: take into account any views ascertained under paragraph (a)
196: When assessor must refer respondent back to court
1: This section applies if, after undertaking an assessment of the respondent, the assessor makes 1 or both of the following:
a: a determination under section 192(b)
b: a determination under section 192(c)
2: The assessor must, without delay, notify, and copy the 1 or more determinations to, the respondent and the Registrar.
3: After receiving a notification under subsection (2)
a: arrange for the protected person to be notified of the 1 or more determinations; and
b: bring the matter to the attention of a Judge ( see section 206
197: When assessor must refer respondent to service provider
1: This section applies if, after undertaking an assessment of the respondent, the assessor makes 1 or both of the following:
a: a determination under section 192(b)
b: a determination under section 192(c)
2: The assessor must, without delay,—
a: notify, and copy the 1 or more determinations to, the respondent and otherwise arrange for the respondent to be referred to the service provider; and
b: notify the service provider of the relevant direction or directions made under section 188
c: notify, and copy the 1 or more determinations to, the Registrar.
198: Court may direct respondent to engage with prescribed non-standard service
1: This section applies if the assessor determines under section 192(c)
2: The assessor must promptly notify the Registrar, and send the Registrar—
a: the result of the assessment of the respondent undertaken by the assessor; and
b: all information related to the assessor’s determination under section 192(c) subsection (4)
3: After receiving a notification under subsection (2)
4: When a matter is brought to the attention of a Judge under subsection (3)
5: The Judge, in making the direction, may decide in what order the respondent must attend a non-violence programme or engage with the prescribed non-standard service (or with any prescribed standard services with which the respondent is required to engage), and whether the respondent’s attendance at the programme, or engagement with all or any prescribed services, or both, should be delayed to enable other matters to be addressed first, and may make any other order or direction that may be made under section 206
199: Referral to different service provider
1: This section applies if the service provider—
a: is notified of, or copied, under section 197 198
b: is not able to provide that programme or service to the respondent.
2: The service provider must—
a: notify the assessor referred to in section 197 198
b: send to that assessor the following information:
i: the result of the assessment of the respondent undertaken by the assessor; and
ii: any information that is held by the service provider and that relates to the assessment by the assessor of, or to the provision of the programme or service by the service provider to, the respondent.
3: After receiving a notification under subsection (2)﻿(a) subsection (2)﻿(b)
a: notify or copy under section 197 198(4)
b: notify the Registrar.
4: After receiving a notification under subsection (3)﻿(b) see section 206 1995 No 86 s 51J
200: Referral back to court if programme or service to be delayed or inappropriate
1: This section applies if the service provider, after being notified of, or copied, under section 197 198
a: the respondent’s attendance at the programme, or engagement with the service, or both, should be delayed to enable other matters to be addressed first; or
b: it would not be appropriate for the respondent to attend the programme, engage with the service, or both.
2: The service provider must notify the Registrar, and the Registrar must bring the matter to the attention of a Judge ( see section 206 1995 No 86 s 51K
201: Terms of attendance at or engagement with non-violence programme or prescribed service
1: Before providing a non-violence programme to a respondent (in line with the direction made under section 188(1)﻿(b) section 192(b)
a: the number of programme sessions that the respondent must attend; and
b: details and arrangements about the programme venue, sessions, and times.
2: Before providing a prescribed service to a respondent directed under section 188(3)﻿(b) 198
3: The service provider must provide to the Registrar a copy of the terms of attendance or (as the case requires) the terms of engagement that the service provider has settled with the respondent.
4: If a service provider is not able to settle with a respondent the terms of attendance or (as the case requires) the terms of engagement, the service provider must notify the Registrar.
5: On receipt of a notice under subsection (4)
a: settle the terms of attendance or (as the case requires) the terms of engagement with the respondent and the service provider; or
b: bring the matter to the attention of a Judge ( see section 206
202: Service provider to ascertain, etc, victims’ views
In complying with section 201(1) or (2)
a: take all reasonable steps to ascertain any views on the matter of the following:
i: the applicant:
ii: a child of the applicant’s family:
iii: a specified person; and
b: take into account any views ascertained under paragraph (a)
203: Referral back to court if continued provision no longer appropriate or practicable or affected significantly by non-compliance
1: This section applies if, at any time during the provision of a non-violence programme, the service provider considers that—
a: it is no longer appropriate or practicable for the service provider to provide the programme to the respondent; or
b: the respondent is not participating fully in the programme, and that this is significantly affecting the respondent's ability to benefit fully from the programme.
2: This section also applies if, at any time during the provision of a prescribed service, the service provider considers that—
a: it is no longer appropriate or practicable for the service provider to provide the service to the respondent; or
b: the respondent is not engaging fully with the service, and that this is significantly affecting the respondent’s ability to benefit fully from the service.
3: The service provider must—
a: notify the Registrar; and
b: send to the Registrar all information that is held by the service provider and that relates to the provision of the non-violence programme or (as the case requires) to the provision of the prescribed service to the respondent.
4: After receiving a notification under subsection (3)﻿(a) subsection (1)﻿(a) or (2)﻿(a) subsection (3)﻿(b)
a: make a new referral under section 199
b: bring the matter to the attention of a Judge ( see section 206
5: A service provider who makes a determination (about the respondent’s non-compliance) under subsection (1)﻿(b) or (2)﻿(b) section 207 sections 208 209 210 211
204: Report and notice of completion and outcome of programme or service
1: When a respondent has completed a non-violence programme or has completed engagement with a prescribed service, the service provider must, without delay, provide to the Registrar a report that—
a: states whether, in the opinion of the service provider, the respondent has met the objectives of the non-violence programme or of the engagement with the prescribed service; and
b: advises of any concerns that the service provider has about the safety of any protected person (as those concerns are defined in section 185(1)
2: On receiving a report under subsection (1)
a: comply with section 208
i: the report advises that the respondent has failed to meet the objectives of the programme or of the engagement with the prescribed service; or
ii: the report advises of any concerns that the service provider has about the safety of any protected person; and
b: arrange for the protected person to be notified—
i: that the respondent has completed a non-violence programme or engagement with a prescribed service; and
ii: of any concerns that the service provider has about the safety of the protected person, and that are advised in the report provided under subsection (1)
3: The court may release a report under subsection (1)
a: a respondent:
b: a lawyer acting for a child who made under section 62(2)
4: Those terms and conditions may include (without limitation) the timing of the release, whether all, or only a part, of the report is released, and whether a copy of the report or part, or only an explanation of its effect, is released. 1995 No 86 s 51I Confidentiality of information
205: Information being admitted as evidence or used without court’s authorisation
1: This section applies to information (for example, a statement or an admission) received—
a: by an assessor or a service provider; and
b: for the purposes of, or in the course of, undertaking an assessment, or providing a programme or prescribed service.
2: The information must not be admitted as evidence—
a: in any court; or
b: before any person acting judicially.
3: However, subsection (2)
a: giving a notification (for example, to a Registrar) under this Act
b: making a referral (for example, to a service provider) under this Act
c: proceedings under section 208 209
d: investigating or prosecuting an offence against section 211
e: investigating or prosecuting an offence committed, or alleged to have been committed, during the provision of a programme, a prescribed service, or both:
f: an inquiry that may be or is opened, ordered, or conducted into a death (including any related inquest that may be or is held) under the Coroners Act 2006
g: any disclosure of the information that is authorised by the individual to whom the information relates (even if that individual is not the person who provided the information to the assessor or the service provider).
4: This section does not affect or limit court information being able to be accessed by, disclosed to, or shared with, an assessor or a service provider only as authorised by or under—
a: section 236 237
b: section 173 174
c: regulations made under section 249(d) Act
d: any other enactment.
5: This section does not affect or limit any collection, use, or disclosure of the information authorised or required by or under the Privacy Act 2020 1995 No 86 s 51S Section 205(5) amended 1 December 2020 section 217 Privacy Act 2020 Enforcement and powers when matter referred back to court
206: Powers if matter brought to attention of Judge
1: This section applies if the Registrar brings a matter to the attention of a Judge under—
a: section 193(3) section 193(1) section 192
b: section 194(3) section 194(2)
c: section 196(3)
d: section 199(4)
e: section 200(2)
f: section 201(5)﻿(b)
g: section 203(4)﻿(b)
2: The Judge may make any order or direction the Judge thinks fit in the circumstances.
3: The Judge may under subsection (2)
a: make a direction under section 188(3)﻿(a) and (b)
b: suspend, vary or replace, or discharge the direction (to attend a non-violence programme or engage with a prescribed standard service) made under section 188(1)﻿(b) or (3)﻿(b)
c: suspend, vary or replace, or discharge a direction (to engage with a prescribed non-standard service) made under section 198
d: make a direction (to engage with a prescribed non-standard service) under section 198
e: make under section 199
f: settle the terms of attendance or (as the case requires) the terms of engagement with the respondent and the service provider under section 201
g: make an order or direction under section 204(3) section 204(1) section 204(3)﻿(a) and (b)
h: make, or vary or discharge terms or conditions of, a parenting order (interim or final) under the Care of Children Act 2004
4: Subsection (3) subsection (2)
207: Notice of non-compliance with direction
1: This section applies if, after the court makes a direction under section 188 198
a: the respondent fails to undertake an assessment with the assessor to whom notice of the direction has been given under section 191
b: the respondent fails to attend a non-violence programme in accordance with a direction made under section 188(1)﻿(b) section 201
c: the respondent fails to engage with a prescribed service in accordance with a direction made under section 188(3)﻿(b) 198 section 201
d: during the provision of a non-violence programme, the service provider determines under section 203(1)﻿(b)
e: during the provision of a prescribed service, the service provider determines under section 203(2)﻿(b)
2: The assessor or service provider concerned must give written notice to the Registrar of the 1 or more events that have happened.
3: Notice under subsection (2) 1995 No 86 s 51N
208: Registrar’s response to notice of safety concerns or non-compliance
1: This section applies if the Registrar receives any of the following:
a: a notification under section 186(1)﻿(a)
b: a notice under section 207 section 188(3)﻿(b) 198
c: a non-violence programme completion or prescribed service engagement completion report under section 204(1)
i: that advises that the respondent has failed to meet the objectives of the programme or of the engagement with the prescribed service; or
ii: that advises of concerns that the service provider has about the safety of any protected person.
2: The Registrar must, without delay,—
a: exercise the powers under section 169
b: bring the matter to the attention of a Judge so that the Judge may consider whether to exercise the power conferred by section 209
3: If the Registrar exercises the powers under section 169 subsection (2)﻿(a) Part section 169 1995 No 86 s 51O
209: Judge may call respondent before court
1: This section applies if, under section 208(2)﻿(b)
2: The Judge may exercise the powers under section 169
3: If the Judge exercises those powers, section 169 1995 No 86 s 51P
210: Respondent called before court
1: If a respondent appears before the court under section 208(2)﻿(a) 209(2)
a: admonish the respondent:
b: confirm, vary or replace, or discharge the direction (under section 188 198 section 201
c: make a replacement direction (under section 188 198
d: make, or vary or discharge terms or conditions of, a parenting order (interim or final) under the Care of Children Act 2004
e: make any order or direction the court thinks fit in the circumstances.
2: If the court confirms or varies a direction under subsection (1)
3: Failure to give the warning required by subsection (2) 1995 No 86 s 51Q
211: Offence to fail to comply with direction
A respondent who fails, without reasonable excuse, to comply with a direction made under section 188 198
a: a fine not exceeding $5,000; or
b: a term of imprisonment not exceeding 6 months. 1995 No 86 s 51T Approval of assessors and service providers
212: Assessors and service providers: approval: general
1: The Secretary may decide to grant, amend, suspend, or cancel—
a: an approval of a person or an organisation (for example, a government organisation) as an assessor (for non-violence programmes, prescribed services, or both):
b: an approval of a person or an organisation (for example, a government organisation) as a service provider.
2: A person or an organisation may be approved under subsection (1)
a: on an application made for the purpose by the person or organisation; or
b: on the Secretary’s own motion, and with the person’s or organisation’s written consent.
3: A person or an organisation seeking an approval under subsection (1) subsection (1) section 249(b)﻿(i)
4: A person or an organisation may (subject to, and to the prescribed criteria referred to in, section 213
a: an approval as an assessor (for non-violence programmes, prescribed services, or both); and
b: an approval as a service provider.
5: An approval, or an amendment, suspension, or cancellation of an approval, under this section must be by written notice copied to the person or organisation ( see also section 214 1995 No 86 s 51B
213: Assessors and service providers: approval: criteria
In deciding whether to grant, amend, suspend, or cancel an approval under section 212(1) section 212 section 249(b)﻿(ii)
214: Assessors and service providers: approval: duty to publish
The Secretary must publish promptly on an Internet site maintained by or on behalf of the Ministry of Justice—
a: an up-to-date list of assessors approved under section 212
b: an up-to-date list of service providers approved under section 212
8: Overseas protection orders
Preliminary provisions
215: Guide to this Part
This Part
a: the Registrar may request the appropriate court or authority in a foreign country to make arrangements for the enforcement in that country of a protection order made by a New Zealand court ( see section 216
b: a foreign protection order can be registered in a New Zealand court, and have effect and be enforced, as if it were a protection order made under this Act see sections 219 221 Enforcement of New Zealand orders overseas
216: Enforcement of New Zealand orders overseas
1: The Registrar may request the appropriate court or authority in a foreign country to make arrangements for the enforcement in that country of a protection order made by a New Zealand court.
2: Subsection (1) subsections (3) and (4)
3: A person who wishes a request to be sent to a foreign country under subsection (1)
4: The Registrar must send to the foreign country under subsection (1) subsection (3)
a: the request is made by or on behalf of a protected person; and
b: the request relates to a protection order made by a New Zealand court; and
c: orders of that nature may be enforced in the foreign country to which the request relates.
5: Nothing in this section prevents—
a: a protected person from applying to a court or other appropriate authority in a foreign country for enforcement, in that country, of a protection order; or
b: the variation or discharge, under this Act
6: In this section and section 217 enforcement 1995 No 86 s 96
217: Information necessary to process request or secure enforcement of order
1: This section applies if the Registrar receives a request under section 216(3)
2: The Registrar may require the person by whom, or on whose behalf, the request is made to supply to the Registrar any information or evidence (including certified copies of the order) necessary or desirable for either or both of the following purposes:
a: to enable the Registrar to determine whether or not the request satisfies the requirements of section 216(4)
b: to secure enforcement of the order in the foreign country.
3: After imposing a requirement under subsection (2) section 216 1995 No 86 s 96 Making requests and making documents available
218: Ways requests may be made and documents may be made available
For the purposes of sections 216 217 219
a: sending a copy by means of electronic transmission (whether by way of facsimile transmission, electronic mail, or other similar means of communication):
b: making a copy available in any other manner appropriate in the circumstances. Enforcement of foreign protection orders
219: Registration of foreign protection orders
1: The Registrar of a court must register in the court a foreign protection order if the Registrar receives, for the purposes of registration, the following documents:
a: a certified copy of the order; and
b: a certificate that—
i: is signed by an officer of a court in the foreign country in which the order was made; and
ii: contains a statement that the order is, at the date of the certificate, enforceable in the foreign country.
2: The registration is done by filing in the court a certified copy of the order. 1995 No 86 s 97
220: Copies of registered foreign protection orders to be sent to Police
If a foreign protection order is registered under section 219 sections 174 to 176 section 221 Act 1995 No 86 s 98
221: Effect of registration
A foreign protection order, upon registration under section 219 section 223 Act 1995 No 86 s 99
222: Variation of registered foreign protection order
1: If, under section 221
a: must, in the prescribed manner, notify the court or the appropriate authority in the country in which the order was made of the variation; and
b: unless the Registrar is the Registrar of the court in which the foreign protection order is registered, must forward to the Registrar of that court a copy of the order varying the foreign protection order.
2: The Registrar of the court in which the foreign protection order is registered, on receiving notice of the variation of that order, must note the court records accordingly. 1995 No 86 s 100
223: Registered foreign protection orders not to be enforced in certain circumstances
1: A court must not enforce or vary under this Act
a: was not, at the time of its registration in New Zealand, enforceable in the country in which it was made; or
b: has, since its registration in New Zealand, ceased to be enforceable in the country in which it was made.
2: The Registrar of the court in which a foreign protection order is registered must cancel the registration of the order and must, in the prescribed manner, notify the court or the appropriate authority in the country in which the order was made of the cancellation, if that Registrar is satisfied—
a: that a New Zealand court has refused, under subsection (1) Act
b: that the order is not enforceable in the country in which it was made; or
c: that registration of the order in New Zealand is no longer necessary.
3: For the purposes of this section, a foreign protection order is not unenforceable in the country in which it was made solely by reason of the fact that the person to whom the order relates, or any other person affected by the order, is no longer in that country. 1995 No 86 s 101
224: Evidence taken overseas
If, under section 221 1995 No 86 s 102
225: Proof of documents
1: For the purposes of this Part
a: any document purporting to be signed by any Judge or officer of a court in any prescribed foreign country is, in the absence of evidence to the contrary, deemed to have been so signed without proof of the signature or judicial or official character of the person appearing to have signed it; and
b: the officer of a court by whom a document purports to be signed is, in the absence of evidence to the contrary, deemed to have been the proper officer of the court to sign the document.
2: Any document purporting to be signed, certified, or verified by any of the people mentioned in subsection (1) Part 1995 No 86 s 103
226: Depositions to be evidence
Depositions taken for the purposes of this Part Part 1995 No 86 s 104
227: Prescribed foreign countries
1: The Governor-General may, by Order in Council, declare any country outside New Zealand to be a prescribed foreign country for the purposes of this Act
2: Any Order in Council made under subsection (1)
3: Any Order in Council made under subsection (1)
4: An order under this section is secondary legislation ( see Part 3 1995 No 86 s 105 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 227(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
228: Evidence of orders made in foreign country
Nothing in this Part 1995 No 86 s 106
9: Public registers not publishing identifying information related to protected person
Preliminary provisions
229: Guide to this Part
This Part
a: a protected person to apply for a direction that identifying information on a public register not be publicly available ( see section 231
b: an agency to determine the application and notify the applicant of the decision ( see sections 232 to 234
c: the effect and duration of a direction ( see sections 235 to 242
d: related matters (including disclosure with consent, and investigation of complaints) ( see sections 243 to 247 Interpretation
230: Interpretation
In this Part code of practice code section 255 direction section 232 Privacy Commissioner Privacy Act 2020 public register
a: is established and maintained in any form under an enactment; and
b: is, or will be, generally available to members of the public free of charge or on payment of a fee relevant information 1995 No 86 s 107 Section 230 Privacy Commissioner amended 1 December 2020 section 217 Privacy Act 2020 Section 230 public register replaced 1 December 2020 section 217 Privacy Act 2020 Applications for directions
231: Protected person may apply for direction that identifying information on public register not be publicly available
1: If a protection order is in force, a protected person may at any time apply to the agency responsible for administering a public register for a direction that information to which this section applies must not be made available to the public.
2: This section applies to any relevant information that—
a: relates to that protected person, a protected person who is a child of the applicant’s family, or both; and
b: is, or is about to be, included on that public register.
3: Every application under subsection (1)
a: be made in the prescribed manner (if any); and
b: be made in the prescribed form (if any); and
c: so far as practicable, specify with due particularity the relevant information in respect of which the direction is sought, so that the agency may locate that information.
4: An agency to which an application is made under subsection (1)
a: decide, under section 232
b: notify the applicant of its decision under section 233 1995 No 86 s 108
232: Agency to determine application
If an application is made under section 231(1)
a: a protection order is in force in respect of the applicant; and
b: making the direction would not unduly compromise the public register to which the application relates. 1995 No 86 s 109
233: Agency to notify applicant of decision
1: If an agency makes a decision in respect of an application made under section 231(1)
2: If the application is declined, the notice under subsection (1)
a: specify the reasons for the decision; and
b: notify the applicant of that person’s right to complain to the Privacy Commissioner under section 245
3: If an agency makes a direction in relation to a protection order, the agency must also give written notice of that direction to the Registrar of the court that made that protection order. 1995 No 86 s 110
234: Information not to be disclosed pending determination of application or complaint
If an application is made, under section 231(1) section 235
a: until the expiry of the prescribed period after notice of the agency’s decision on that application is communicated to the applicant; and
b: if, before the expiry of the period referred to in paragraph (a) section 245
c: if a complaint relating to that decision is made under section 245 1995 No 86 s 111 Effect of direction
235: Effect of direction
1: If an agency makes a direction in respect of a public register and any relevant information, and while that direction remains in force, subsections (2) to (4)
2: The relevant information must not be included in any of the following that is made available to the public after the direction is made:
a: any copy (including a printout) of the whole or any part of the public register; or
b: any index to the register; or
c: any extract from, or certificate as to information recorded on, the register.
3: The relevant information must not be made available for inspection by members of the public (other than the person to whom the relevant information relates) who wish to inspect the register or any index to the register.
4: An application made, by or in relation to the person to whom the relevant information relates, for the inclusion of any information on the public register, to the extent that the application contains relevant information relating to that person, must not be made available for inspection by members of the public (other than the person to whom the relevant information relates).
5: However, the relevant information is, for all other purposes, deemed to be included on the public register.
6: Subsections (2) to (4) section 243 Act
7: In subsections (2) to (4) relevant information section 231(1) 1995 No 86 s 112
236: Direction not applicable to relevant information later included in register
1: If a direction applies in relation to a public register and relevant information, then—
a: section 235(2) and (3)
b: section 235(4)
2: One or more directions relating to the same public register may be in force, at the same time, in relation to the same person. 1995 No 86 s 113 Duration of direction
237: Duration of direction: if protection order is final order
1: This section applies to a direction made in respect of a protection order if, when the direction is made, the protection order is a final order.
2: The direction applies expires 5 years after the date on which it is made, unless it is sooner revoked or ceases to be in force under section 239(2) 1995 No 86 s 114(1)
238: Duration of direction: if protection order is temporary order
1: This section applies to a direction made in respect of a protection order if, when the direction is made, the protection order is a temporary order.
2: The direction applies expires at the end of 4 months after the date on which it is made, unless it is sooner revoked or it continues in force and expires under subsection (3)
3: Despite subsection (2) section 239(2) subsection (2)
a: the applicant for the direction supplies, to the agency by which the direction is made, satisfactory evidence that the temporary protection order has become final by operation of law under section 148
b: under section 242 1995 No 86 s 114(2)
239: Duration of direction: if protection order is discharged
1: This section applies if a direction made by an agency is in force in respect of a final protection order and—
a: the person on whose application the direction was made notifies that agency that the protection order has been discharged; or
b: under section 242
2: The direction ceases to be in force on the expiry of the prescribed period after the date on which the agency receives that notification. 1995 No 86 s 114(3)
240: Duration of direction: if person applies to revoke direction
If, on the application of a person, an agency makes a direction, that agency must, on the application of that person, revoke that direction. 1995 No 86 s 114(4)
241: Further directions in respect of same relevant information
The fact that a direction expires or is revoked or ceases to be in force under this section does not prevent the making of another direction in respect of the same relevant information. 1995 No 86 s 114(5)
242: Registrar to notify agency of making or discharge of protection order
1: This section applies if, under section 233(3)
a: in the case of a temporary protection order, on the making of a final protection order in substitution for that temporary order; or
b: on the discharge of that protection order (whether a temporary order or a final order).
2: The Registrar of the court that made that substitute order or, as the case requires, discharged the order must, without delay, notify that fact to the agency. 1995 No 86 s 115 Disclosure of relevant information with consent
243: Disclosure of relevant information with consent of protected person
1: This section applies to any information the disclosure or making available of which would otherwise be prohibited by section 234 235
a: is requested, in writing, to authorise the agency concerned to disclose or make available some or all of that information; and
b: gives such authority.
2: The information to which this section applies may be disclosed or made available (despite sections 234 235 subsection (3)
3: Nothing in this section authorises any information to which this section applies to be disclosed or made available in circumstances in which that information could not, apart from this section, be lawfully disclosed or made available. 1995 No 86 s 116 Other enactments not affected
244: Other enactments not affected
Nothing in this Part
a: section 115
b: section 239(2) 1995 No 86 s 117 Complaints to Privacy Commissioner
245: Complaints to Privacy Commissioner
1: If a person makes an application to an agency under section 231(1)
2: If, in relation to an application made, under section 231(1) section 231(4) section 231(4)﻿(a) or (b)
a: for the purposes of subsection (1)
b: for the purposes of subsection (3)
3: Every complaint made to the Privacy Commissioner under subsection (1)
4: If, under subsection (3) 1995 No 86 s 118
246: Investigation of complaint
On completing any investigation conducted under section 245(1) 1995 No 86 s 119
247: Application of certain provisions of Privacy Act 1993
1: The provisions specified in subsection (2) apply, so far as applicable and with all necessary modifications, to—
a: the making of a complaint under section 245
b: any investigation conducted by the Privacy Commissioner under section 245 246
2: The provisions referred to in subsection (1) are sections 72 to 74 80 81 82 86 to 90 96 205 206 208 to 212 1995 No 86 s 120 Section 247(2) replaced 1 December 2020 section 217 Privacy Act 2020
10: Other provisions
Preliminary provisions
248: Guide to this Part
This Part
a: regulations, rules, and codes of practice ( see sections 249 to 257
b: the repeal of the Domestic Violence Act 1995 see sections 258 259 Regulations
249: Regulations: general
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Justice, make regulations for all or any of the following purposes:
a: specifying types of non-standard services (for the purposes of the definition in section 8 section 8
b: prescribing for the purposes of all or any of sections 56 71 212
i: the process to be followed by a person or an organisation seeking an approval by way of an application ( see section 56(2)﻿(a) 71(2)﻿(a) 212(2)﻿(a) see section 56(2)﻿(b) 71(2)﻿(b) 212(2)﻿(b)
ii: the criteria that the Secretary must apply when deciding whether to grant, suspend, or cancel an approval (for example, criteria for when a person or an organisation may under section 212(4)
c: prescribing the amount of fees and expenses, or a method for calculating the amount of fees and expenses, payable for all or any of the following:
i: the provision by assessors of assessments under Part 7
ii: the provision by service providers of programmes, prescribed services, or both under Part 7
d: authorising disclosure to, or sharing with, an assessor or a service provider (as defined in section 184
i: of court information subject to section 236 237 section 173 174
ii: for the purposes of all or stated provisions of this Act
iii: by the court concerned or under its authority or direction:
e: making provision for the determination of the amount of fees and expenses, including minimum and maximum amounts, payable in respect of professional services provided by lawyers appointed under section 166(1)﻿(d)
f: prescribing the fees, travelling allowances, and expenses payable to people called by the court under section 169 section 208 209
g: prescribing the amount of fees and expenses, or a method for calculating the amount of fees and expenses, payable for the provision by assessors of assessments under section 42
h: providing for any other matters contemplated by this Act
2: Regulations under this section are secondary legislation ( see Part 3 1995 No 86 s 127 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 249(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
250: Regulations: public registers
1: Regulations may be made under section 249
a: prescribing the manner in which applications under section 231(1)
b: prescribing any forms necessary for the purposes of Part 9
c: prescribing the periods required to be prescribed for the purposes of sections 231(4) 234 239(2) 245
d: prescribing circumstances in which, and conditions on which, relevant information may be made available to the public even though a direction is in force in respect of that relevant information, while still ensuring, to the greatest possible extent, the protection of the person to whom the relevant information relates:
e: prescribing the manner in which any notice required by Part 9
2: Regulations made for all or any of the purposes specified in subsection (1) section 249
a: make different provision for different agencies and different public registers:
b: be made to apply generally in respect of all public registers, or in respect of any specified public register or of public registers of any specified class or classes.
251: Regulations: consultation requirements
Before recommending regulations be made under section 249(b) or (d)
a: so far as the regulations relate to section 71 212
b: so far as the regulations relate to section 56
c: so far as the regulations relate to court information subject to section 236 237
d: so far as the regulations relate to court information subject to section 173 174 Rules
252: Rules of court: District Court: Police safety orders
1: The Governor-General may, by Order in Council, make rules—
a: regulating the practice and procedure of the District Court in proceedings under Part 3 Act
b: providing for any other matters contemplated by Part 3 Act
2: Subsection (1) District Court Act 2016
3: Rules under subsection (1)﻿(b) are secondary legislation ( see Part 3
4: See section 228 1995 No 86 s 126(1) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 252(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 252(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
253: Rules of court: Family Court
1: Rules may be made under section 16A Act
2: Rules made under subsection (1) section 16A
a: prescribe the procedure for the service of notices and other documents for the purposes of this Act
b: prescribe any forms necessary for the purposes of this Act
c: prescribe circumstances in which applications under this Act Act
d: make any provision necessary or desirable in relation to representatives, including (without limitation),—
i: providing for the appointment, retirement, and removal of representatives:
ii: prescribing the circumstances in which a representative is or is not responsible for costs, and providing for the recovery, by a representative, of costs paid or incurred by the representative while acting as such:
iii: providing for the conduct of proceedings brought, on a person’s behalf, by a representative:
e: prescribe the procedure consequent on a temporary order, or part of a temporary order, becoming final under section 148
f: provide that Registrars may exercise specified powers of the court or a Judge:
g: prescribe the manner in which a Registrar is to give notice, to a court or appropriate authority of a foreign country, of the variation or cancellation of registration of a foreign protection order:
h: make such provision as is necessary or desirable in order to facilitate communications between a Registrar and courts or appropriate authorities in foreign countries for the purposes of Part 8
i: provide for information about proceedings under this Act
j: apply, with or without modification, provisions of the District Court Rules 2014 1995 No 86 s 126(1A), (2) Codes of practice: service delivery
254: Codes of practice: service delivery
1: The Minister of Justice may, by notice in the Gazette
a: to victims or perpetrators of family violence, or both; and
b: to stop or prevent family violence.
2: A code of practice may contain provisions on all or any of the following:
a: assessment and management of risk related to family violence:
b: workforce competencies:
c: information requests, use, and disclosure under Part 2 see also subsection (4)
d: outcomes of assessments, programmes, or prescribed services.
3: Subsection (2) subsection (1)
4: Code of practice provisions mentioned in subsection (2)﻿(c) section 22 section 20
5: A code of practice must not be inconsistent with this Act section 255 Act
6: The Minister may issue, amend, replace, or revoke code of practice provisions on information requests, use, or disclosure only after the Minister has consulted on the matter the Privacy Commissioner.
7: In this section, delivery of services Act perpetrator victim section 19 Codes of practice: public registers
255: Codes of practice: public registers
1: The Privacy Commissioner may issue a code of practice.
2: A code of practice may,—
a: to the extent that no regulations made under section 250
i: prescribe the manner in which applications under section 231(1)
ii: prescribe forms of applications for the purposes of section 231(1)
iii: prescribe, for the purposes of section 231(1)
b: prescribe how section 232(b)
c: prescribe how section 235
d: prescribe how section 236
e: provide for the review of the code by the Privacy Commissioner:
f: provide for the expiry of the code.
3: A code of practice may apply in relation to any 1 or more of the following:
a: any specified public register or class or classes of public register:
b: any specified agency or specified class or classes of agency:
c: any specified relevant information or class or classes of relevant information.
4: A code of practice under this section is secondary legislation ( see Part 3 1995 No 86 s 122 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	make it available for inspection free of charge •	make it available for sale at a reasonable price Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 255(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
256: Application of certain provisions of
Privacy Act 2020 Sections 33 to 37 section 255 section 255 1995 No 86 s 123 Section 256 heading amended 1 December 2020 section 217 Privacy Act 2020 Section 256 amended 1 December 2020 section 217 Privacy Act 2020
257: Effect of code
1: A code of practice that is in force has effect according to its tenor.
2: Subsection (1) subsection (3)
3: A code of practice that is inconsistent with any provision of this Act Act 1995 No 86 s 124 Repeal
258: Domestic Violence Act 1995 repealed
The Domestic Violence Act 1995 2019-07-01 Domestic Violence Act 1995 Consequential amendments
259: Other enactments amended consequentially
1: Amend the Acts listed in Part 1 of Schedule 2
2: Amend the legislative instruments listed in Part 2 of Schedule 2 2019-07-01 Arms Act 1983 Child Support Act 1991 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 District Court Act 2016 Electoral Act 1993 Employment Relations Act 2000 Family Court Act 1980 Family Dispute Resolution Act 2013 Harassment Act 1997 Holidays Act 2003 Human Rights Act 1993 Income Tax Act 2007 Land Transfer Act 2017 Legal Services Act 2011 Oranga Tamariki Act 1989 Privacy Act 1993 Property (Relationships) Act 1976 Protection of Personal and Property Rights Act 1988 Search and Surveillance Act 2012 Senior Courts Act 2016 Social Security Act 1964 Social Security Act 2018 Summary Offences Act 1981 Victims' Orders Against Violent Offenders Act 2014 Victims' Rights Act 2002 Care of Children (Appointment of Additional Guardian by Parents) (Forms) Rules 2005 Care of Children (Counselling) Regulations 2013 Criminal Procedure (Transfer of Information) Regulations 2013 Domestic Violence (General) Regulations 1996 Domestic Violence (Public Registers) Regulations 1998 Domestic Violence Rules 1996 Family Dispute Resolution Regulations 2013 Health and Safety at Work (Hazardous Substances) Regulations 2017 Privacy (Information Sharing Agreement for Improving Public Services for Vulnerable Children) Order 2015 Sentencing Regulations 2002