Domestic Violence Act 1995

• Jurisdiction: New Zealand
• Coming into Force: 01 July 2019
• End of Effective Date: 01 July 2019
• Citation: 1995 No 86
• Year: 1995
• Reference: 1995 No 86
• Act Number: 86
• Record Number: DLM371925
• Type of Document: Act

Contenidos

• Domestic Violence Act 1995
• Preamble
• Contents
• 1 Short Title and commencement
• Part 1
• 2 Interpretation
• 3 Meaning of domestic violence
• 4 Meaning of domestic relationship
• 5 Object
• 6 Act to bind the Crown
• Part 2
• 7 Application for protection order
• 8 Contents of application
• 9 Applications by minors
• 10 Applications against minors
• 11 Applications on behalf of persons lacking capacity
• 12 Applications on behalf of certain other persons
• 13 Application without notice for protection order
• 14 Power to make protection order
• 15 Existence of other proceedings not to preclude granting of protection order
• 16 Protection of persons other than applicant
• 17 Protection from respondent’s associates
• 18 Mutual orders
• 19 Standard conditions of protection order
• 20 Further provisions relating to standard condition prohibiting contact
• 21 Standard condition relating to weapons
• 22 Court may dispense with, modify, discharge, or re-impose standard condition relating to weapons
• 23 Further provisions relating to powers conferred by section 22
• 24 Further provisions relating to effect of standard condition relating to weapons
• 25 Retention, return, and disposal of surrendered weapons and licences
• 26 Arms Act 1983 not affected
• 27 Court may impose special conditions
• 28 Further provisions relating to certain special conditions
• 28B Interim orders in respect of child of applicant's family
• 28C Duration of interim order
• 28D Application for parenting order under Care of Children Act 2004 must be made
• 29 Programmes for protected persons
• 30 Commencement of section 29
• 31 Joint programme sessions
• 32 Power to direct respondent or associated respondent to attend programme
• 33 Terms of direction that respondent or associated respondent attend programme
• 34 Registrar to notify programme provider to whom respondent or associated respondent is referred
• 35 Programme provider to arrange meeting with respondent or associated respondent
• 36 Direction to attend programme made on application without notice
• 37 Court may confirm or discharge direction
• 38 Respondent or associated respondent excused from attending
• 39 Notice of absence from programme
• 40 Notice of conclusion of programme
• 41 Programme provider may request variation of direction
• 41A Powers of Registrar on receipt of notice under section 39 or 41
• 42 Judge may call respondent or associated respondent before court
• 42A Respondent or associated respondent called before court
• 43 Confidentiality of information disclosed to programme provider
• 44 Programme providers’ fees and expenses
• 45 Duration of protection order
• 46 Power to vary protection order
• 47 Power to discharge protection order
• 48 Variation or discharge on behalf of protected person
• 49 Offence to breach protection order
• 49A Offence to fail to comply with direction
• 50 Power to arrest for breach of protection order
• 51 Release of person arrested
• Part 2A
• 51A Interpretation
• 51B Service providers
• 51C Safety programmes for protected persons
• 51D Direction to attend assessment and non-violence programme
• 51E Direction to attend non-violence programme made on application without notice
• 51F Court may confirm or discharge direction after considering objection made under section 51E
• 51G Referral of respondent to service provider
• 51H Service provider to meet with respondent
• 51I Service provider to notify Registrar about safety concerns
• 51J Referral to different service provider
• 51K Judge may discharge direction to attend non-violence programme in certain cases
• 51L Service provider and respondent to settle terms of attendance at non-violence programme
• 51M Notice to be given to court if continued provision of non-violence programme inappropriate
• 51N Notice of non-compliance with direction
• 51O Powers of Registrar on receipt of notice under section 51N
• 51P Judge may call respondent before court
• 51Q Respondent called before court
• 51R Notice of completion and outcome of non-violence programme
• 51S Confidentiality of information disclosed to service provider
• 51T Offence to fail to comply with direction
• Part...