Domestic Violence Act 1995
086
ANALYSIS
Analysis
Title
1 Short Title and commencement
I: Preliminary Provisions
2 Interpretation
3 Meaning of ``domestic violence''
4 Meaning of ``domestic relationship''
5 Object
6 Act to bind the Crown
II: Protection Orders
Applications
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
Scope of Protection Orders
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
Standard Conditions of Protection Orders
19 Standard conditions of protection order
20 Further provisions relating to standard condition prohibiting contact
Standard Condition Relating to Weapons
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
Special Conditions of Protection Orders
27 Court may impose special conditions
28 Further provisions relating to certain special conditions
Programmes
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
42 Judge may call respondent or associated respondent before Court
43 Confidentiality of information disclosed to programme provider
44 Programme providers' fees and expenses
Duration, Variation, and Discharge of Protection Orders
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
Enforcement of Protection Orders
49 Offence to contravene protection order
50 Power to arrest for breach of protection order
51 Release of person arrested
III: Orders Relating To Property
Occupation Orders
52 Application for occupation order
53 Power to make occupation order
54 Effect of occupation order
55 Power to vary or discharge occupation order
Tenancy Orders
56 Application for tenancy order
57 Power to make tenancy order
58 Effect of tenancy order
59 Power to discharge tenancy order and revest tenancy
General Provisions Relating to Occupation Orders and Tenancy Orders
60 Application without notice for occupation order or tenancy order
61 Procedure for occupation orders and tenancy orders
Ancillary Furniture Orders
62 Application for ancillary furniture order
63 Power to make ancillary furniture order
64 Effect of ancillary furniture order
65 Power to vary or discharge ancillary furniture order
Furniture Orders
66 Application for furniture order
67 Power to make furniture order
68 Effect of furniture order
69 Power to vary or discharge furniture order
Applications without Notice for Furniture Orders
70 Application without notice for ancillary furniture order or furniture order
General Provisions Relating to Property Orders
71 Applications for property orders by minors who are not children
72 Applications for property orders against minors
73 Applications for property orders on behalf of persons other than children
74 Notice to persons with interest in property affected
75 Protection of mortgagees, etc.
IV: Procedure
Temporary Orders
76 Respondent to notify intention to appear
77 Procedure where respondent does not require hearing
78 Court may require hearing before order becomes final
79 Application of sections 76 to 78 to other affected persons
80 Procedure where hearing required
General Provisions
81 Court may appoint lawyer
82 Power of Court to call witnesses
83 Conduct of proceedings
84 Evidence
85 Standard of proof
86 Orders by consent
87 Explanation of orders
88 Copies of orders to be sent to Police
89 Information on service of certain orders to be communicated to Police
90 Police to consider exercise of powers under Arms Act 1983
Appeals
91 Appeals to High Court
92 Application of provisions relating to minors, etc.
93 Appeals to Court of Appeal
94 Appeals to be heard as soon as practicable
95 Effect of appeal
V: Enforcement Of Protection Orders Overseas And Foreign Protection Orders
Enforcement of New Zealand Orders Overseas
96 Enforcement of New Zealand orders overseas
Enforcement of Foreign Protection Orders
97 Registration of foreign protection orders
98 Copies of registered foreign protection orders to be sent to Police
99 Effect of registration
100 Variation of registered foreign protection order
101 Registered foreign protection orders not to be enforced in certain circumstances
102 Evidence taken overseas
103 Proof of documents
104 Depositions to be evidence
105 Prescribed foreign countries
106 Evidence of orders made in foreign country
VI: No-Publication of Information Relating to Protected Person on Public Registers
Interpretation
107 Interpretation
Applications for Directions
108 Protected person may apply for direction that identifying information on public register not be publicly available
109 Agency to determine application
110 Agency to notify applicant of decision
111 Information not to be disclosed pending determination of application or complaint
Effect of Direction
112 Effect of direction
113 Direction not applicable to relevant information subsequently included in register
Duration of Direction
114 Duration of direction
115 Registrar to notify agency of making or discharge of protection order
Disclosure of Relevant Information with Consent
116 Disclosure of relevant information with consent of protected person
Other Enactments Not Affected
117 Other enactments not affected
Complaints to Privacy Commissioner
118 Complaints to Privacy Commissioner
119 Investigation of complaint
120 Application of certain provisions of Privacy Act 1993
Regulations
121 Regulations
Codes of Practice
122 Codes of practice
123 Application of certain provisions of Privacy Act 1993
124 Effect of code
VII: Miscellaneous Provisions
Restriction on Publication
125 Restriction on publication of reports of proceedings
Rules and Regulations
126 Rules of Court
127 Regulations
Saving
128 Matrimonial Property Act 1976 not affected
Repeals and Consequential Amendments
129 Repeals
130 Amendments to Arms Act 1983
131 Amendment to Children, Young Persons, and Their Families Act 1989
132 Amendment to Electoral Act 1993
Transitional Provisions
133 Transitional provisions