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.

Compare: 1995 No 86 s 52