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) and 117).

(2)

Subsection (1) is subject to subsection (3) and to section 144, but applies despite anything in the Property (Relationships) Act 1976.

(3)

The court may make an order under subsection (1) only if it is satisfied that the order—

(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) does not limit the matters to which the court may have regard in determining whether to make the order.

(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.

Compare: 1995 No 86 s 53(1), (2), (4)