Family Violence (General) Regulations 1996
Family Violence (General) Regulations 1996: revoked, on 1 July 2019, by regulation 25(a) of the Family Violence Regulations 2019 (LI 2019/96).
Reprint as at 1 July 2019
Family Violence (General) Regulations 1996
(SR 1996/150)
Family Violence (General) Regulations 1996: revoked, on 1 July 2019, by regulation 25(a) of the Family Violence Regulations 2019 (LI 2019/96).
Regulations name: amended, on 1 July 2019, by section 259(2) of the Family Violence Act 2018 (2018 No 46).
Michael Hardie Boys, Governor-General
Order in Council
At Wellington this 10th day of June 1996
Present:
His Excellency the Governor-General in Council
Note
Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.
These regulations are administered by the Ministry of Justice.
Pursuant to section 127 of the Domestic Violence Act 1995, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.
Contents
Regulations
1 Title and commencement
(1)
These regulations may be cited as the Family Violence (General) Regulations 1996.
(2)
These regulations shall come into force on 1 July 1996.
Regulation 1(1): amended, on 1 July 2019, by section 259(2) of the Family Violence Act 2018 (2018 No 46).
1A Renaming of these regulations, and references to their previous name
(1)
These regulations are the Domestic Violence (General) Regulations 1996 as renamed by the Family Violence Act 2018.
(2)
After the commencement of this regulation, a reference in an enactment or in a document to the Domestic Violence (General) Regulations 1996 must, unless the context otherwise requires, be read as a reference to the Family Violence (General) Regulations 1996.
Regulation 1A: inserted, on 1 July 2019, by section 259(2) of the Family Violence Act 2018 (2018 No 46).
2 Interpretation
In these regulations, unless the context otherwise requires,—
(a)
the term the Act means the Family Violence Act 2018:
(b)
expressions defined in the Act have the meanings so defined.
Regulation 2(a): amended, on 1 July 2019, by section 259(2) of the Family Violence Act 2018 (2018 No 46).
3 Expenses of persons called before court under section 82
(1)
Subject to subclauses (2) and (3), every person attending a court upon a summons issued under section 82 of the Act is entitled to a sum for fees, allowances, and travelling expenses in accordance with the Witnesses and Interpreters Fees Regulations 1974 (SR 1974/124).
(2)
The court may, on application, disallow the whole or any part of that sum.
(3)
No person (being a respondent or an associated respondent) who—
(a)
is called before a court pursuant to section 51O(1)(a) or 51P(2) of the Act; and
(b)
attends the court upon a summons issued under section 82 of the Act—
is entitled to fees or allowances or travelling expenses pursuant to this regulation, unless the court is satisfied that, in the special circumstances of the case, the payment of fees, allowances, and expenses, or any 1 or more of those things, is appropriate.
Regulation 3 heading: amended, on 3 August 2009, by regulation 4(1) of the Domestic Violence (General) Amendment Regulations 2009 (SR 2009/186).
Regulation 3(3)(a): replaced, on 1 October 2014, by regulation 4 of the Domestic Violence (General) Amendment Regulations 2014 (LI 2014/216).
4 Service of temporary protection order issued under section 124N of Act
(1)
This regulation applies in respect of a temporary protection order issued under section 124N of the Act.
(2)
An order must be served personally on the person against whom the order is issued by leaving it with that person or, if that person does not accept it, by putting it down in that person’s presence and bringing it to his or her attention.
(3)
An order must be served by—
(a)
a Registrar; or
(b)
a bailiff; or
(c)
a constable; or
(d)
a party’s lawyer, or an agent of a party’s lawyer.
(4)
Service of the order may be proved—
(a)
on oath before the court; or
(b)
by an affidavit of service stating that the order has been served and the date, time, and mode of service.
(5)
If an order is served by a Registrar, bailiff, or constable, service may be proved—
(a)
by stating that the order has been served, and the date, time, and mode of service—
(i)
in an endorsement on the original order or a copy of it, which endorsement must be signed by the person who served the document; or
(ii)
in a certificate attached to the original order or a copy of it, which certificate must be signed by the person who served the document; or
(b)
in either of the ways stated in subclause (4).
Regulation 4: added, on 1 July 2010, by regulation 4 of the Domestic Violence (General) Amendment Regulations 2010 (SR 2010/121).
5 Information relating to issue of temporary protection order under section 124N of Act to be sent to Family Court
(1)
This regulation applies if a temporary protection order is issued under section 124N of the Act.
(2)
As soon as possible after complying with section 124Q(1) of the Act, the District Court must send to the Registrar of the Family Court,—
(a)
if the person against whom the order is made has been served with a copy of the order, proof of service; and
(b)
if the District Court has made a direction under section 51D of the Act, a copy of that direction; and
(c)
if requested by the Registrar of the Family Court, copies of any other specified information relating to the issue of the order (which may include a copy of the Police safety order).
Regulation 5: added, on 1 July 2010, by regulation 4 of the Domestic Violence (General) Amendment Regulations 2010 (SR 2010/121).
Regulation 5(2)(b): replaced, on 1 October 2014, by regulation 5 of the Domestic Violence (General) Amendment Regulations 2014 (LI 2014/216).
6 Forms in relation to Part 6A of Act
The forms set out in the Schedule are prescribed for the following purposes:
(a)
form 1 for a Police safety order issued under section 124B(1) of the Act:
(b)
form 2 for a warrant to arrest for contravening a Police safety order under section 124O(1)(a) and (2) of the Act:
(c)
form 3 for the making of a complaint under section 124L(3) of the Act:
(d)
form 4 for a summons served under section 124M(1)(b) of the Act:
(e)
form 5 for a warrant to arrest issued under section 124M(3) of the Act:
(f)
form 6 for a warrant issued under section 124O(1)(b) and (2) of the Act:
(g)
form 7 for a temporary protection order made under section 124N(2)(b) of the Act.
Regulation 6: added, on 1 July 2010, by regulation 4 of the Domestic Violence (General) Amendment Regulations 2010 (SR 2010/121).
Schedule Forms
Schedule: added, on 1 July 2010, by regulation 5 of the Domestic Violence (General) Amendment Regulations 2010 (SR 2010/121).
Form 1 Police safety order
To [full name, address, date of birth of person against whom the Police safety order is issued]
This Police safety order is issued against you.
1 Purpose of order
The purpose of this order is to ensure the protection of a person with whom you are, or have been, in a domestic relationship (a person at risk).
2 Person(s) at risk
This order protects the following person(s) at risk:
[Full name of person for whose safety the order is issued]
*[Full name of each child residing with the person named above].
| *Omit if it does not apply. |
3 Commencement of order
The order comes into force immediately after a copy has been served on you.
4 Duration of order
This order continues in force for [number] days/hours*. It expires on [date, time].
| *Select one. |
5 Effect of order
You must immediately—
(a)
surrender to a constable—
(i)
any weapon in your possession or control; and
(ii)
any firearms licence held by you:
(b)
vacate any land or building occupied by a person at risk, whether or not you have a legal or equitable interest in the land or building.
6 Conditions of order
It is a condition of this order that you must not—
(a)
physically or sexually abuse a person at risk; or
(b)
threaten to physically or sexually abuse a person at risk; or
(c)
damage, or threaten to damage, property of a person at risk; or
(d)
engage, or threaten to engage, in other behaviour, including intimidation or harassment, that amounts to psychological abuse of a person at risk; or
(e)
encourage any person to engage in behaviour against a person at risk, where the behaviour, if engaged in by you, would be prohibited by the order; or
(f)
watch, loiter near, or prevent or hinder access to or from the place of residence, business, or employment of a person at risk, or an educational institution attended by a person at risk, or any other place that a person at risk visits often; or
(g)
follow a person at risk about, or stop or accost a person at risk in any place; or
(h)
where a person at risk is present on any land or building, enter or remain on that land or building in circumstances that constitute a trespass; or
(i)
make any other contact with a person at risk (whether by telephone, electronic message, correspondence, or otherwise), except such contact as is reasonably necessary in any emergency.
Include paragraph 7 if the person against whom the order is issued has a firearms licence.
7 Suspension of firearms licence
On the issue of this order, and for the period that this order is in force,—
(a)
any firearms licence held by you is deemed to be suspended; and
(b)
you are deemed, for all purposes, not to be the holder of a firearms licence.
8 Suspension of parenting order or agreement
While this order continues in force, the provisions of any parenting order or agreement affording you day-to-day care of, or contact with, any child protected by this order are suspended.
9 Consequences of breach of order
If you refuse or fail to comply with this order or any condition of this order, you may be taken into custody and brought before a District Court.
An application may then be made to bring you before a District Court.
A District Court may—
(a)
direct that another Police safety order be issued against you:
(b)
issue under section 79 of the Family Violence Act 2018 a temporary protection order against you.
Date:
Issued by:
Schedule form 1: added, on 1 July 2010, by regulation 5 of the Domestic Violence (General) Amendment Regulations 2010 (SR 2010/121).
Schedule form 1 heading: amended, on 1 July 2019, by section 259(2) of the Family Violence Act 2018 (2018 No 46).
Schedule form 1: amended, on 1 July 2019, by section 259(2) of the Family Violence Act 2018 (2018 No 46).
Form 2 Warrant to arrest for contravening Police safety order
To every constable/[full name], constable*
| *Select one. |
1
On [date, time], a Police safety order was issued against [full name, address, date of birth].
2
On [date], [full name] refused or failed to comply with the order/conditions of the order* by [state details of refusal or failure].
| *Select one. |
3
I am/We are* satisfied that there are grounds for the issue of a warrant to arrest [full name].
| *Select one. |
4
I/We* direct you to arrest [full name] and bring him/her* before a District Court as soon as possible.
| *Select one. |
5
For the purpose of executing this warrant, the constable executing it may at any time enter onto any premises, by force if necessary, if the constable has reasonable grounds to believe that [full name] is on those premises.
Date:
Place:
Signature:
(District Court Judge/Justice(s) of the Peace/Community Magistrate(s)/Registrar/Deputy Registrar*)
| *Select one. |
Schedule form 2: added, on 1 July 2010, by regulation 5 of the Domestic Violence (General) Amendment Regulations 2010 (SR 2010/121).
Schedule form 2 heading: amended, on 1 July 2019, by section 259(2) of the Family Violence Act 2018 (2018 No 46).
Schedule form 2: amended, on 25 February 2012, by section 8(2) of the Domestic Violence Amendment Act 2012 (2012 No 10).
Form 3 Complaint
I, [full name, address], constable, say on oath that—
1
On [date, time], a Police safety order was issued against [full name, address, date of birth].
2
On [date], [full name] refused or failed to comply with the order/conditions of the order* by [state details of refusal or failure].
| *Select one. |
3
The jurisdiction of the District Court is sought to make a direction or order under section 46 of the Family Violence Act 2018.
Signature of constable:
Sworn at [place, date]
Before me: [name, signature]
(District Court Judge/Justice(s) of the Peace/Community Magistrate(s)/Registrar (not being a constable)*)
| *Select one. |
Schedule form 3: added, on 1 July 2010, by regulation 5 of the Domestic Violence (General) Amendment Regulations 2010 (SR 2010/121).
Schedule form 3 heading: amended, on 1 July 2019, by section 259(2) of the Family Violence Act 2018 (2018 No 46).
Schedule form 3: amended, on 1 July 2019, by section 259(2) of the Family Violence Act 2018 (2018 No 46).
Form 4 Police summons to appear before District Court
To [full name, address, date of birth]
1
For this paragraph—
•
select statement A if the person being summoned refused or failed to comply with a Police safety order; or
•
select statement B if the person being summoned refused or failed to comply with the conditions of a Police safety order.
Statement A
The complaint against you is that you refused or failed to comply with a Police safety order issued against you on [date] by [state details].
Statement B
The complaint against you is that you refused or failed to comply with the conditions of a Police safety order issued against you on [date] by [state details].
2
You are summoned to appear personally before the District Court at [place, date, time] to answer the complaint.
Date:
Signature of constable:
Schedule form 4: added, on 1 July 2010, by regulation 5 of the Domestic Violence (General) Amendment Regulations 2010 (SR 2010/121).
Schedule form 4 heading: amended, on 1 July 2019, by section 259(2) of the Family Violence Act 2018 (2018 No 46).
Form 5 Warrant to arrest for failure to attend District Court following summons
To every constable/[full name], constable*
| *Select one. |
1
On [date], a complaint was made that [full name, address, date of birth] refused or failed to comply with a Police safety order/the conditions of a Police safety order* issued against him/her*.
| *Select one. |
2
On [date], a summons was served on [full name] under section 44(2) of the Family Violence Act 2018 to appear personally before the District Court at [place, date, time] to answer the complaint.
3
[Full name] did not attend personally at the District Court at the place, date, and time specified in the summons.
4
I/We* direct you to arrest [full name] and bring him/her* before a District Court as soon as possible.
| *Select one. |
5
For the purpose of executing this warrant, the constable executing it may at any time enter onto any premises, by force if necessary, if the constable has reasonable grounds to believe that [full name] is on those premises.
Date:
Place:
Signature:
(District Court Judge/Justice(s) of the Peace/Community Magistrate(s)/Registrar/Deputy Registrar*)
| *Select one. |
Schedule form 5: added, on 1 July 2010, by regulation 5 of the Domestic Violence (General) Amendment Regulations 2010 (SR 2010/121).
Schedule form 5 heading: amended, on 1 July 2019, by section 259(2) of the Family Violence Act 2018 (2018 No 46).
Schedule form 5: amended, on 1 July 2019, by section 259(2) of the Family Violence Act 2018 (2018 No 46).
Schedule form 5: amended, on 25 February 2012, by section 8(3) of the Domestic Violence Amendment Act 2012 (2012 No 10).
Form 6 Warrant to arrest for failing to attend adjourned proceedings
To every constable/[full name], constable*
| *Select one. |
1
On [date, time], a Police safety order was issued against [full name, address, date of birth].
2
On [date], the District Court at [place] was satisfied that [full name] had refused or failed to comply with that order and adjourned the proceedings to enable a District Court Judge to consider whether a temporary protection order should be issued against [full name].
3
On [date of adjourned proceedings], [full name] did not attend personally at the adjourned proceedings.
4
I am/We are* satisfied that there are grounds for the issue of a warrant to arrest [full name].
| *Select one. |
5
For the purpose of executing this warrant, the constable executing it may at any time enter on to any premises, by force if necessary, if the constable has reasonable grounds to believe that [full name] is on those premises.
Date:
Place:
Signature:
(District Court Judge/Justice(s) of the Peace/Community Magistrate(s)/Registrar/Deputy Registrar*)
| *Select one. |
Schedule form 6: added, on 1 July 2010, by regulation 5 of the Domestic Violence (General) Amendment Regulations 2010 (SR 2010/121).
Schedule form 6 heading: amended, on 1 July 2019, by section 259(2) of the Family Violence Act 2018 (2018 No 46).
Schedule form 6: amended, on 25 February 2012, by section 8(4) of the Domestic Violence Amendment Act 2012 (2012 No 10).
Form 7 Temporary protection order
In the District Court at [place]
No: [number of proceeding]
Applicant
[Full name and address of person named in Police safety order for whose safety the order was issued]
Respondent
[Full name and address of person who the court is satisfied refused or failed to comply with the Police safety order]
The court makes a temporary protection order against [full name of respondent].
Person(s) protected by the order
This order protects the following person(s):
[Full name of applicant]
*[Full name of each child of the applicant’s family]
| *Omit if it does not apply. |
*The court also directs that the order applies for the benefit of the following person(s):
[Full name of each person in respect of whom the court makes a direction under section 87(1) of the Family Violence Act 2018]
| *Omit if it does not apply. |
Conditions of order
1 Standard conditions prohibiting family violence and contact
It is a condition of this order that—
(a)
the respondent must not—
(i)
physically or sexually abuse any protected person; or
(ii)
threaten to physically or sexually abuse any protected person; or
(iii)
damage, or threaten to damage, property of any protected person; or
(iv)
engage, or threaten to engage, in other behaviour, including intimidation or harassment, that amounts to psychological abuse of any protected person; or
(v)
encourage any person to engage in behaviour against any protected person if that behaviour, if engaged in by the respondent, would be prohibited by the order; and
(b)
unless the protected person and the respondent are living in the same dwellinghouse with the express consent* of the protected person (which may be withdrawn at any time), the respondent must not—
(i)
watch, loiter near, or prevent or hinder access to or from any protected person’s place of residence, business, employment, educational institution, or any other place that any protected person visits often; or
(ii)
follow any protected person about, or stop or accost any protected person in any place; or
(iii)
without the protected person’s express consent,* enter or remain on any land or building occupied by any protected person; or
(iv)
if any protected person is present on any land or building, enter or remain on that land or building in circumstances that constitute a trespass; or
(v)
make any other contact with any protected person (whether by telephone, electronic message, correspondence, or otherwise), except contact—
(A)
that is reasonably necessary in any emergency; or
(B)
that is permitted under any order or written agreement relating to the role of providing day-to-day care for, or access to, or contact with, or custody of, any minor; or
(C)
that is permitted under any special condition of this protection order; or
(D)
that is necessary for the purposes of attending a family group conference under the Oranga Tamariki Act 1989; or
(E)
that is necessary for the purposes of attending a settlement conference convened under section 46Q of the Care of Children Act 2004.
| *The court may specify, in a special condition of a protection order, a person who may consent or withdraw consent on a protected person’s behalf. |
2 Standard conditions relating to weapons
It is also a condition of this order that the respondent—
(a)
must not possess, or have under his or her control, any weapon; and
(b)
must not hold a firearms licence; and
(c)
must,—
(i)
as soon as practicable after being served with a copy of this order, but in any case no later than 24 hours after that service; and
(ii)
on demand made, at any time, by any member of the Police,—
surrender to a member of the Police—
(iii)
any weapon in his or her possession, or under his or her control, whether or not the weapon is lawfully in his or her possession or under his or her control; and
(iv)
any firearms licence held by him or her.
Note: The Family Violence Act 2018 defines a weapon as any firearm, airgun, pistol, restricted weapon, ammunition, or explosive, as those terms are defined in the Arms Act 1983.
Omit paragraph 3 if it does not apply.
3 Special conditions
The court also imposes the following special conditions: [specify].
Unless otherwise stated, these conditions last for the duration of this order.
Omit paragraph 4 if it does not apply.
4 Attendance at assessment and non-violence programme
The court directs [full name of respondent] to undertake an assessment and attend a non-violence programme.
The Registrar of the court will arrange for the respondent to be referred to a service provider, and the respondent must meet with the service provider so that the service provider may—
(a)
undertake an assessment of the respondent; and
(b)
determine whether there is an appropriate non-violence programme for the respondent to attend.
If there is an appropriate non-violence programme for the respondent to attend, the service provider of that programme will settle with the respondent—
(a)
the number of programme sessions that the respondent must attend; and
(b)
the place, date, and time of the first programme session and all subsequent programme sessions that the respondent must attend; and
(c)
any other terms of attendance.
Omit the following 2 headings and paragraphs if they do not apply.
Direction that hearing be held
The court directs that there be a hearing in relation to the whole of this order/the following parts of this order*: [specify].
| *Select one. |
Date of hearing
I appoint [date, time] at the Family Court at [place] for this hearing.
Date:
Registrar:
Important information for respondent
Effect of temporary protection order
For this paragraph—
•
select statement A if the court has not directed that a hearing be held:
•
select statement B if the court has directed that a hearing be held.
Statement A
This order is a temporary order.
If you do nothing after being served, this order will automatically become a final order 3 months after the date on which it was made. If you wish to dispute this order, you must notify the Family Court at [place] as soon as possible.
Statement B
This order is a temporary order.
The court has directed that a hearing be held in relation to the whole of this order/specified parts of this order* at the Family Court at [place].
| *Select one. |
This hearing will take place whether or not you wish to appear. If you wish to dispute any part of the order, you must notify the Family Court at [place] as soon as possible.
If you do nothing, the Family Court may make a final order in your absence/the parts of the order in relation to which a hearing is not required will become final 3 months after the date on which this order was made, and the Family Court may confirm the other parts of the order at the hearing*.
| *Select one. |
Effect of standard condition relating to weapons
The effect of this condition is that any firearms licence held by you is automatically suspended as soon as this order is made. If the order becomes final, the licence is automatically revoked. However, you may apply to the Family Court at [place] to modify or discharge this condition (see below).
If you do not surrender to a member of the Police all weapons in your possession or under your control, and your firearms licence, within 24 hours after being served with this order, or on demand made by a constable, the Police may use their powers under the Arms Act 1983 to enter your property without warrant and search for and seize the weapons. You may also be prosecuted for failing to comply with this order (see below).
*Objection to direction to attend assessment and non-violence programme
The court has directed you to undertake an assessment and attend a non-violence programme.
You have 10 working days after you have been served with this order to notify the Family Court at [place] if you object to that direction.
If you do not make an objection within that period, and then fail without reasonable excuse to comply with the direction, you may be prosecuted. (See Consequences of failing to comply with direction below.)
| *Delete if inapplicable. |
Prohibition on contact with protected person
The effect of this order is to prohibit you from having contact with any protected person in any of the ways set out in the order. This order may also contain special conditions relating to contact between you and a protected person. You must read the terms of the order very carefully to find out what contact you may or may not have with any protected person.
If the protected person has expressly consented to living in the same dwellinghouse with you, the prohibition on contact and any special condition that is inconsistent with living in the same dwellinghouse are suspended.
The protected person may withdraw that consent at any time. If that happens (and this order has not in the meantime been discharged or varied), you must comply with all the standard conditions and special conditions of the order.
Note that the special conditions of this order may specify who is entitled to consent (or withdraw consent) on behalf of a protected person.
*Notification of safety concerns for protected persons
If, following an assessment, or at any time during your attendance at a non-violence programme, a service provider has concerns about the safety of a protected person, the service provider must without delay notify the Registrar of the court about those concerns.
| *Delete if inapplicable. |
Modification or discharge of this order
You or a protected person may apply to a Family Court at any time—
(a)
for the modification or discharge of the standard condition relating to weapons. (The Family Court may make a change to this standard condition only if it is satisfied that the condition, or a term of the condition, is not needed to protect the persons for whose benefit this order applies from further family violence):
(b)
for a variation or discharge of any special conditions of this order, or for the imposition of a new special condition:
(c)
[Revoked](d)
for this order to be discharged.
You or the applicant may apply to the Family Court for a variation or discharge of a direction to undertake an assessment and attend a non-violence programme, or for such a direction to be made.
Consequences of breach of this order
You commit an offence if you breach the order by—
(a)
doing an act in contravention of this order; or
(b)
failing to comply with any condition in this order.
You have a defence to proceedings for this offence if you can prove that you had a reasonable excuse for breaching the order.
The maximum penalty for this offence is 3 years’ imprisonment.
If a constable has good cause to suspect that you have breached this order, you may be arrested without warrant. Police bail is not available during the 24 hours immediately following an arrest. During that period, any bail application must be made to a Judge.
*Consequences of failing to comply with direction
You commit an offence if, without reasonable excuse, you fail on any occasion to comply with a direction to undertake an assessment and attend a non-violence programme.
The maximum penalty for this offence is 6 months’ imprisonment or a fine not exceeding $5,000.
| *Delete if inapplicable. |
Advice
If you need help, consult a lawyer or contact a Family Court office immediately.
Office hours
The office of a Family Court is open from 9 am to 5 pm on Mondays to Fridays inclusive.
Important information for protected persons
Effect of temporary protection order
For this paragraph—
select statement A if the court has not directed that a hearing be held:
select statement B if the court has directed that a hearing be held.
Statement A
This order is a temporary order.
If the respondent does nothing after being served, this order will automatically become a final order 3 months after the date on which it was made. You will then be sent a copy of the final order. The respondent may, however, give notice that he or she wishes to dispute this order. In that case, a hearing will be held and you will be notified of the hearing date.
Statement B
This order is a temporary order.
The court has directed that a hearing be held in relation to the whole of this order/specified parts of this order* at the Family Court at [place].
| *Select one. |
You are entitled to appear or be represented at the hearing to present your case to satisfy the Family Court at [place] that the order must be made final/the parts of the order in relation to which the hearing is required must be part of the final order. If the respondent does nothing, the parts of the order in relation to which a hearing is not required will become final 3 months after the date on which this order was made, and the Family Court may confirm the other parts of the order at the hearing*.
| *Select one. |
Respondent prohibited from contact with you
The effect of this order is to prohibit the respondent from having contact with you in any of the ways set out in the order. This order may also contain special conditions relating to contact between you and the respondent.
If you expressly consent to living in the same dwellinghouse with the respondent, the prohibition on contact and any special condition that is inconsistent with living in the same dwellinghouse are suspended.
You may withdraw that consent at any time. If that happens (and this order has not in the meantime been discharged or varied), the respondent must comply with all the standard conditions and special conditions of the order.
Note that the special conditions of this order may specify who is entitled to consent (or withdraw consent) on behalf of a protected person.
Standard condition relating to weapons
The effect of this condition is that any firearms licence held by the respondent is automatically suspended as soon as this order is made. If the order becomes final, the licence is automatically revoked. However, this condition may be modified or discharged by the Family Court (see below).
Attendance at safety programme
If you have requested a referral to a safety programme, you will be contacted by a service provider in the near future.
If you wish to request a referral for yourself or for 1 or more children of your family or for any other persons protected by the protection order, you may do so by contacting the Registrar.
Modification or discharge of this order
You or the respondent may apply to a Family Court at any time—
(a)
for the modification or discharge of the standard condition relating to weapons. (The Family Court may make a change to this standard condition only if it is satisfied that the condition, or a term of the condition, is not needed to protect the persons for whose benefit this order applies from further family violence):
(b)
for a variation or discharge of any special conditions of this order, or for the imposition of a new special condition:
(c)
[Revoked](d)
for this order to be discharged.
If you are the applicant, then either you or the respondent may apply to a Family Court at any time for the variation or discharge of a direction that the respondent undertake an assessment and attend a non-violence programme, or for such a direction to be made.
If the respondent makes any of these applications, you will be notified and have an opportunity to dispute the application.
Consequences of breach of this order
The respondent commits an offence if he or she—
(a)
does any act in contravention of this order; or
(b)
fails to comply with any condition in this order.
The respondent will have a defence to proceedings for this offence if it can be proved that he or she had a reasonable excuse for breaching the order.
The maximum penalty for this offence is 3 years’ imprisonment.
If a constable has good cause to suspect that the respondent has breached the order, the respondent may be arrested without warrant. Police bail is not available during the 24 hours immediately following an arrest. During that period, the respondent may apply to a Judge for bail.
*Consequences of failing to comply with direction
The respondent commits an offence if, without reasonable excuse, he or she fails on any occasion to comply with a direction to undertake an assessment and attend a non-violence programme.
The maximum penalty for this offence is 6 months’ imprisonment or a fine not exceeding $5,000.
| *Delete if inapplicable. |
Advice
If you need help, consult a lawyer or contact a Family Court office immediately.
Office hours
The office of a Family Court is open from 9 am to 5 pm on Mondays to Fridays inclusive.
Schedule form 7: added, on 1 July 2010, by regulation 5 of the Domestic Violence (General) Amendment Regulations 2010 (SR 2010/121).
Schedule form 7 heading: amended, on 1 July 2019, by section 259(2) of the Family Violence Act 2018 (2018 No 46).
Schedule form 7: amended, on 1 July 2019, by section 259(2) of the Family Violence Act 2018 (2018 No 46).
Schedule form 7: amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
Schedule form 7: amended, on 1 October 2014, by regulation 6(2) of the Domestic Violence (General) Amendment Regulations 2014 (LI 2014/216).
Schedule form 7: amended, on 1 October 2014, by regulation 6(3) of the Domestic Violence (General) Amendment Regulations 2014 (LI 2014/216).
Schedule form 7: amended, on 1 October 2014, by regulation 6(4) of the Domestic Violence (General) Amendment Regulations 2014 (LI 2014/216).
Schedule form 7: amended, on 1 October 2014, by regulation 6(5) of the Domestic Violence (General) Amendment Regulations 2014 (LI 2014/216).
Schedule form 7: amended, on 1 October 2014, by regulation 6(6) of the Domestic Violence (General) Amendment Regulations 2014 (LI 2014/216).
Schedule form 7: amended, on 1 October 2014, by regulation 6(7) of the Domestic Violence (General) Amendment Regulations 2014 (LI 2014/216).
Schedule form 7: amended, on 1 October 2014, by regulation 6(8) of the Domestic Violence (General) Amendment Regulations 2014 (LI 2014/216).
Schedule form 7: amended, on 1 October 2014, by regulation 6(9) of the Domestic Violence (General) Amendment Regulations 2014 (LI 2014/216).
Schedule form 7: amended, on 1 October 2014, by regulation 6(10) of the Domestic Violence (General) Amendment Regulations 2014 (LI 2014/216).
Schedule form 7: amended, on 1 October 2014, by regulation 6(11) of the Domestic Violence (General) Amendment Regulations 2014 (LI 2014/216).
Schedule form 7: amended, on 1 October 2014, by regulation 6(12) of the Domestic Violence (General) Amendment Regulations 2014 (LI 2014/216).
Schedule form 7: amended, on 1 October 2014, by regulation 6(13) of the Domestic Violence (General) Amendment Regulations 2014 (LI 2014/216).
Schedule form 7: amended, on 1 October 2014, by regulation 6(14) of the Domestic Violence (General) Amendment Regulations 2014 (LI 2014/216).
Schedule form 7: amended, on 1 October 2014, by regulation 6(15) of the Domestic Violence (General) Amendment Regulations 2014 (LI 2014/216).
Schedule form 7: amended, on 1 October 2014, by regulation 6(16) of the Domestic Violence (General) Amendment Regulations 2014 (LI 2014/216).
Marie Shroff,
Clerk of the Executive Council.
Date of notification in Gazette: 13 June 1996.
Reprints notes
1 General
This is a reprint of the Domestic Violence (General) Regulations 1996 that incorporates all the amendments to those regulations as at the date of the last amendment to them.
2 Legal status
Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.
3 Editorial and format changes
Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.
4 Amendments incorporated in this reprint
Family Violence Regulations 2019 (LI 2019/96): regulation 25(a)
Family Violence Act 2018 (2018 No 46): section 259(2)
Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31): section 149
Domestic Violence (General) Amendment Regulations 2014 (LI 2014/216)
Domestic Violence Amendment Act 2012 (2012 No 10): section 8
Domestic Violence (General) Amendment Regulations 2010 (SR 2010/121)
Domestic Violence (General) Amendment Regulations 2009 (SR 2009/186)