Family Violence Act 2018

  • latest version but not yet in force
Coat of Arms of New Zealand

Family Violence Act 2018

Public Act
 
2018 No 46
Date of assent
 
12 November 2018
Commencement
 
see section 2

Contents

1Title
2Commencement
3Purpose of this Act
4Principles
5Guide to this Act
6Guide to related sentencing provisions
7Status of guides
8Interpretation
9Meaning of family violence
10Meaning of abuse
11Meaning of psychological abuse
12Meaning of family relationship: general
13Meaning of family relationship: sharing household
14Meaning of family relationship: close personal relationship
15Status of examples
16Transitional, savings, and related provisions
17Act binds the Crown
18Purpose of this Part
19Interpretation
20Authorisations for agencies and practitioners
21Principle guiding decisions whether to disclose
22Duty to comply with service delivery code of practice
23Relationship with other enactments
24Duty to consider information disclosure
25Protection of holder agency or practitioner disclosing information
26Police safety order: guide to this Part
27Police safety order: interpretation
28Police safety order: power to issue order
29Police safety order: matters guiding issue and duration
30Police safety order: issue without consent
31Police safety order: limit on issuing against child
32Police safety order: detention for issuing and serving
33Police safety order: duty to explain order and any related direction for risk and needs assessment
34Police safety order: lapse if not served promptly on bound person
35Police safety order: duration
36Police safety order: effect: duty to vacate land or building
37Police safety order: effect: duty to surrender weapons
38Police safety order: effect: no family violence, no contact, no having others breach order
39Police safety order: effect: contact that is authorised, and not in breach of order’s no-contact condition
40Police safety order: effect: firearms licence suspended
41Police safety order: effect: parenting orders suspended
42Police safety order: effect: risk and needs assessment
43Police safety order: contravention: taking person into custody
44Police safety order: contravention: if person in custody cannot be brought before District Court
45Police safety order: contravention: applying to District Court for direction or order
46Police safety order: contravention: District Court may make direction or order
47Police safety order: contravention: limits on issuing of temporary protection order
48Police safety order: contravention: nature of proceedings: criminal jurisdiction
49Police safety order: contravention: standard of proof
50Police safety order: contravention: rules of court
51Police safety order: contravention: warrant to arrest person who contravenes order, etc
52Police safety order: contravention: protection order to be issued and served
53Police safety order: contravention: protection order to be sent to Family Court
54Police safety order: contravention: protection order treated as if made by Family Court
55Police safety order: Police employees, etc, protected from proceedings
56Police safety order: approvals of assessors: general
57Police safety order: approvals of assessors: criteria to be applied
58Police safety order: approvals of assessors: duty to publish
59Guide to this Part
60Application for protection order
61Application for order may seek additional directions
62Applications by children
63Views of child on whose behalf application made
64Applications against children
65Advice from chief executive or social worker
66Report from chief executive or social worker
67Applications on behalf of people lacking capacity
68Views of person lacking capacity
69Applications on behalf of other people unable to apply personally
70Views of other person unable to apply personally
71Approved organisations: general
72Approved organisations: criteria to be applied
73Approved organisations: duty to publish
74Applications by approved organisation authorised to act as representative
75Application without notice: requirements
76Application without notice: order may become final
77Application without notice: respondent
78Application without notice: associated respondent
79Requirements for making of protection order
80Violence by another person encouraged by respondent
81Protection order may be based on different types of violence
82Duty to consider whether apparently minor or trivial behaviour forms part of pattern against which victims need protection
83Court must have regard to perception and effect of behaviour
84Other proceedings do not stop making of protection order
85Mutual orders
86Protection of people other than applicant: child of applicant’s family
87Protection of people other than applicant: others
88Protection of people other than applicant: effect of applicant’s death
89Protection from respondent’s associates
90Standard conditions: no family violence, no contact, no having others breach order
91Standard no-contact condition: exceptions with consent
92Standard no-contact condition: contact to which protected person can give or cancel consent
93Standard no-contact condition: contact unable to be authorised
94Standard no-contact condition: giving of consent must be in required form, but cancelling may take any form
95Standard no-contact condition: if special condition specifies that person is entitled to consent on behalf of protected person
96Standard no-contact condition: other exceptions
97Standard conditions: associated respondents
98Standard condition about weapons: general
99Standard condition about weapons: protection order suspends or revokes firearms licence
100Standard condition about weapons: surrender of weapons or licence
101Standard condition about weapons: effect if condition included when protection order varied
102Standard condition about weapons: associated respondents
103Court may impose special conditions
104Special conditions that stop contact: exceptions with consent
105Interim orders in respect of child of applicant’s family
106Proceedings about interim order in respect of child of applicant’s family: legal aid
107Duration of protection order
108Power to vary protection order
109Power to discharge protection order
110Test and criteria for discharging protection order
111Variation or discharge on behalf of protected person
112Offence to breach protection order (or related property order)
113Power to arrest for breach of protection order (or related property order)
114Guide to this Part
115Occupation order: application for order
116Occupation order: power to make order
117Occupation order: living in dwellinghouse
118Occupation order: periods and conditions
119Occupation order: effect of order
120Occupation order: power to vary or discharge
121Tenancy order: application for order
122Tenancy order: power to make order
123Tenancy order: effect of order
124Tenancy order: power to discharge and revest tenancy
125Occupation orders and tenancy orders: applications without notice
126Occupation orders and tenancy orders: procedure
127Ancillary furniture order: application for order
128Ancillary furniture order: power to make order
129Ancillary furniture order: terms and conditions
130Ancillary furniture order: period and expiry
131Ancillary furniture order: effect of order
132Ancillary furniture order: power to vary or discharge
133Furniture order: application for order
134Furniture order: power to make order
135Furniture order: terms and conditions
136Furniture order: period and expiry
137Furniture order: effect of order
138Furniture order: power to vary or discharge
139Ancillary furniture order or furniture order: applications without notice
140Applications for property orders by children
141Views of child on whose behalf application made by representative
142Applications for property orders against children
143Applications for property orders on behalf of people other than children
144Notice to people with interest in property affected
145Protection of mortgagees, etc
146Guide to this Part
147Respondent to notify intention to appear
148Procedure if respondent does not require hearing
149Requirements and procedure for temporary order to become final
150Court may require hearing before order becomes final
151Application of sections 147 to 150 to other affected people
152Review of contact arrangements
153Procedure if hearing required: general
154Procedure if hearing required: effect of, and limit on, adjournment
155Procedure if hearing required: if part of temporary order has already become final
156Temporary order discharged when made final order
157Restrictions on powers to remove, change, etc
158Removal or change: if protection order is final or confirmed
159Addition, removal, or change: on application of protection order applicant or respondent
160Addition, removal, or change: on application if protection order applies against associated respondent
161Hearing date if application about temporary protection order
162Making or defending application on behalf of protected person
163Further provisions about effect on firearms licence
164Retention, return, and disposal of surrendered weapons, etc
165Arms Act 1983 not affected
166Court may appoint lawyer
167Fees and expenses of lawyer appointed by Court
168How Judge ascertains child’s views (other than at hearing)
169Power of court to call witnesses
170Conduct of proceedings
171Standard of proof
172Orders by consent
173Explanation of orders
174Sending of orders, and risk factor information, to Police
175Information on service of certain orders to be communicated to Police
176Police to consider exercise of powers under Arms Act 1983
177Appeals to High Court
178Application of provisions which relate to children, etc
179Appeals to Court of Appeal
180Appeals to be heard as soon as practicable
181Effect of appeal
182Restriction of publication of reports of proceedings
183Guide to this Part
184Interpretation
185Safety concerns
186Assessor or service provider to notify safety concerns
187Safety programmes for protected people
188Directions for assessments, non-violence programme, and prescribed standard services
189Objection process if direction made on application without notice
190Court may confirm or discharge direction after considering objection
191Referral of respondent to assessor
192Assessor meets with respondent, undertakes assessment, and makes determinations
193When assessments or determinations need not be undertaken or made
194Order of, and delaying, respondent’s attendance or engagement
195Assessor to ascertain, etc, victims’ views
196When assessor must refer respondent back to court
197When assessor must refer respondent to service provider
198Court may direct respondent to engage with prescribed non-standard service
199Referral to different service provider
200Referral back to court if programme or service to be delayed or inappropriate
201Terms of attendance at or engagement with non-violence programme or prescribed service
202Service provider to ascertain, etc, victims’ views
203Referral back to court if continued provision no longer appropriate or practicable or affected significantly by non-compliance
204Report and notice of completion and outcome of programme or service
205Information being admitted as evidence or used without court’s authorisation
206Powers if matter brought to attention of Judge
207Notice of non-compliance with direction
208Registrar’s response to notice of safety concerns or non-compliance
209Judge may call respondent before court
210Respondent called before court
211Offence to fail to comply with direction
212Assessors and service providers: approval: general
213Assessors and service providers: approval: criteria
214Assessors and service providers: approval: duty to publish
215Guide to this Part
216Enforcement of New Zealand orders overseas
217Information necessary to process request or secure enforcement of order
218Ways requests may be made and documents may be made available
219Registration of foreign protection orders
220Copies of registered foreign protection orders to be sent to Police
221Effect of registration
222Variation of registered foreign protection order
223Registered foreign protection orders not to be enforced in certain circumstances
224Evidence taken overseas
225Proof of documents
226Depositions to be evidence
227Prescribed foreign countries
228Evidence of orders made in foreign country
229Guide to this Part
230Interpretation
231Protected person may apply for direction that identifying information on public register not be publicly available
232Agency to determine application
233Agency to notify applicant of decision
234Information not to be disclosed pending determination of application or complaint
235Effect of direction
236Direction not applicable to relevant information later included in register
237Duration of direction: if protection order is final order
238Duration of direction: if protection order is temporary order
239Duration of direction: if protection order is discharged
240Duration of direction: if person applies to revoke direction
241Further directions in respect of same relevant information
242Registrar to notify agency of making or discharge of protection order
243Disclosure of relevant information with consent of protected person
244Other enactments not affected
245Complaints to Privacy Commissioner
246Investigation of complaint
247Application of certain provisions of Privacy Act 1993
248Guide to this Part
249Regulations: general
250Regulations: public registers
251Regulations: consultation requirements
252Rules of court: District Court: Police safety orders
253Rules of court: Family Court
254Codes of practice: service delivery
255Codes of practice: public registers
256Application of certain provisions of Privacy Act 1993
257Effect of code
258Domestic Violence Act 1995 repealed
259Other enactments amended consequentially
Legislative history
Administrative information

The Parliament of New Zealand enacts as follows: