Family Violence (Amendments) Act 2018

• Jurisdiction: New Zealand
• Reference: 2018 No 47
• Citation: 2018 No 47
• Record Number: LMS113434
• Act Number: 47
• Type of Document: Act

Contenidos

• Family Violence (Amendments) Act 2018
• Contents
• 1 Title
• 2 Commencement
• Part 1
• 3 Principal Act
• 4 Section 3 amended (Interpretation)
• 5 New section 3AA inserted (References to Family Violence Act 2018)
• 3AA References to Family Violence Act 2018
• 6 Section 7 amended (Rules as to granting bail)
• 7 Section 8 amended (Consideration of just cause for continued detention)
• 8 Section 21 amended (Police employee may grant bail)
• 9 Section 22 replaced (Conditions of Police bail granted to defendant charged with domestic violence offence)
• 22 Conditions of Police bail granted to defendant charged with family violence offence
• 10 Section 23 amended (Bail and breach of protection order)
• 11 New section 30AAA inserted (Conditions of bail granted to defendant charged with family violence offence)
• 30AAA Conditions of bail granted to defendant charged with family violence offence
• 12 Section 31 amended (Release of defendant granted bail)
• Part 2
• 13 Principal Act
• 14 Section 5 amended (Principles relating to child’s welfare and best interests)
• 15 Section 5A replaced (Domestic violence to be taken into account)
• 5A Family violence to be taken into account
• 16 Section 22 amended (Restrictions on making appointments under section 23)
• 17 Section 23 amended (Appointment of eligible spouse or partner of parent as additional guardian)
• 18 Section 46E amended (Family dispute resolution mandatory before commencement of proceedings)
• 19 Section 51 amended (Court must consider protective conditions in certain cases)
• 20 New section 57A and cross-heading inserted
• 57A Power to make incidental temporary protection order
• Part 3
• 21 Principal Act
• 22 Section 7A amended (Extraterritorial jurisdiction in respect of certain offences with transnational aspects)
• 23 Section 7B amended (Attorney-General’s consent required where jurisdiction claimed under section 7A)
• 24 New section 189A inserted (Strangulation or suffocation)
• 189A Strangulation or suffocation
• 25 New section 194A inserted (Assault on person in family relationship)
• 194A Assault on person in family relationship
• 26 Cross-heading above section 205 amended
• 27 Section 207 amended (Feigned marriage or feigned civil union)
• 28 New section 207A inserted (Coerced marriage or civil union)
• 207A Coerced marriage or civil union
• 29 Section 208 replaced (Abduction for purposes of marriage or sexual connection)
• 208 Abduction for purposes of marriage or civil union or sexual connection
• 30 Principal Act
• 31 Section 2 amended (Interpretation)
• 32 Principal Act
• 33 Section 60 replaced (Convictions for bigamy to be recorded)
• 60 Convictions for bigamy, and for coerced marriage, to be recorded
• 34 Section 62F replaced (Convictions for bigamy to be recorded)
• 62F Convictions for bigamy, and for coerced civil union, to be recorded
• 35 Principal regulations
• 36 Regulation 8 amended (Marriage certificates)
• 37 Regulation 8A amended (Civil union certificates)
• 38 Principal Act
• 39 Section 4 amended (Interpretation)
• 40 Principal Act
• 41 Section 2 amended (Interpretation)
• Part 4
• 42 Principal Act
• 43 New section 16A inserted (Specifying that offence charged is, or that conviction entered is for, family violence offence)
• 16A Specifying that offence charged is, or that conviction entered is for, family violence offence
• 44 New sections 168A and 168B inserted
• 168A No-contact conditions if family violence offence defendant remanded in custody
• 168B Provisions about compliance with no-contact conditions
• 45 Section 170 replaced (Defendant in custody may be brought up before expiry of period of adjournment)
• 170 Defendant in custody may be brought up before expiry of period of adjournment
• 46 Section 386 amended (Rules)
• 47 Section 387 amended (Regulations)
• 48 Principal Act
• 49 Section 73 amended (Entitlement to private visitors)
• 50 Section 76 amended (Prisoners may send and receive mail)
• 51 Section 77 amended (Outgoing telephone calls)
• 52 Section 108 amended (Withholding mail)
• 53 Section 112 amended (Purposes of monitoring prisoners’ calls)
• Part 5
• 54 Principal Act
• 55 Section 4 amended (Interpretation)
• 56 Section 95 amended (Restrictions on cross-examination by parties in person)
• 57 Section 102 amended (Application)
• 58 Section 103 amended (Directions about alternative ways of giving evidence)
• 59 Section 106 amended (Video record evidence)
• 60 New sections 106A and 106B and cross-heading inserted
• 106A Giving of evidence by family violence complainants
• 106B Application by defendant for family violence complainant to give evidence in ordinary way or different alternative way
• Part 6
• 61 Principal Act
• 62 Section 9 amended (Aggravating and mitigating factors)
• 63 Section 123A replaced (Interpretation of terms used in this section and sections 123B to 123H)
• 123A Interpretation of terms used in this section and sections 123B to 123H
• 64 Section 123B amended (Protection order)
• 65 Section 123C replaced (Provisions applying to protection order made under section 123B)
• 123C Provisions applying to protection order made under section 123B
• 123CA Disclosure of documents to assessor and service provider
• 123CB Court documents for section 123CA
• 123CC Assessors and service providers for section 123CA
• 66 Section 123D amended (Explanation of protection order)
• 67 Section 123G replaced (Protection order treated as if made by Family Court)
• 123G Protection order treated as if made by Family Court
• 123H Appeal against decision to make or refuse to make protection order under section 123B is appeal against sentence

Family Violence (Amendments) Act 2018

Contents

1 Title

This Act is the Family Violence (Amendments) Act 2018.

2 Commencement

This Act comes into force on 1 July 2019.

However, the following provisions come into force on 3 December 2018:

1. Part 1 of this Act (amendments to Bail Act 2000):

2. Part 3 of this Act (amendments to Crimes Act 1961):

3. Part 5 of this Act (amendments to Evidence Act 2006).

Part 1

3 Principal Act

This Part amends the Bail Act 2000 (the principal Act).

4 Section 3 amended (Interpretation)

In section 3, insert in their appropriate alphabetical order:

family violence offence means an offence—

1. against any enactment (including the Family Violence Act 2018); and

2. involving family violence (as defined in section 9 of that Act)

5 New section 3AA inserted (References to Family Violence Act 2018)

After section 3, insert:

3AA References to Family Violence Act 2018

Repeal section 3AA on 1 July 2019.

6 Section 7 amended (Rules as to granting bail)

Replace section 7(2) with:

A defendant is bailable as of right who is charged with an offence for which the maximum punishment is less than 3 years’ imprisonment, unless the offence is one against—

1. section 194 of the Crimes Act 1961 (which relates to assault on a child, or by a male on a female); or

2. section 194A of the Crimes Act 1961 (which relates to assault on a person with whom the...