Restraining orders

Domestic violence victims can apply for criminal remedies in the District Court of New Zealand for restraining orders. Restraining orders can be sought if the victim is experiencing harassment.^[3] The Harassment Act 1997 identifies the grounds for which a restraining order can be sought as "specific acts," which include the following:

1. harassment (watching, loitering near or preventing or hindering access to or from that person's place of residence, business, employment or any other place that the person frequents for any purpose)
2. stalking (following, stopping, accosting or otherwise communicating with that person)
3. entering or interfering with that person's possessions
4. giving offensive material to that person (whether by electronic means or in a manner that will be brought to the attention of that person)
5. any other act that causes that person to fear for their safety or would cause a reasonable person in their position to fear for their safety

There is no filing fee to apply for a restraining order and the relevant forms are available online.^[4] A victim will be required to file an affidavit in support of an application for a restraining order. An affidavit is a formal legal document containing a statement of an account of evidence or facts.

The act contains a mechanism that allows for the anonymity of the applicant to a restraining order.^[5] It is an offense to breach or not comply with a court-imposed restraining order without a reasonable excuse.^[6] The maximum penalties are as follows:

1. for an initial breach — six months of imprisonment or a fine of NZD 5,000^[7]
2. for repeat offenses on two different occasions (in the preceding three years) — two years of imprisonment^[8]

Police safety orders

Further criminal remedies are available in the form of police enforcement. Under the FVA, police may issue "police safety orders."^[9] The orders that can be issued include the following:

1. helping make an individual safe from family violence
2. requiring an individual to vacate any land or building where a child or person affected by family violence is residing
3. surrendering weapons and/or suspending any firearms licenses
4. preventing contact or behavior that amounts to any form of family violence
5. suspending parenting orders

Protection orders

A court may also make a protection order if the court is satisfied that there has been an instance of family violence against the victim and/or their child, and making the order is necessary for the protection of the victim and/or their child.^[10]

A protection order can be applied for by a person who is or has been in a family relationship,^[11] or on behalf of such a person by a representative and/or an approved organization.^[12]

A protection order applies for the person whose protection the order is made and for the benefit of their child.^[13] It may also be applied in one of the following ways:

1. for the protection of any other child or person the court directs^[14]
2. against any person related to the person the order is against, including their associates^[15]

If a protection order is made, standard conditions will apply to that order. The person the order is made against must not do the following:^[16]

1. engage in behavior that amounts to any form of family violence
2. make unauthorized contact with the protected person
3. encourage a person to engage in behavior against or to make contact with the protected person that would be otherwise prohibited under the protection order

When applying for a protection order, special conditions can be sought by a victim that are particular to that victim's circumstances. For example, special conditions may often relate to contact with children but may seek to restrain contact to certain times and places.

Domestic violence protection is not specifically identified in national law as a human right. However, the Human Rights Act 1993 refers to domestic and family violence. It recognizes that adverse treatment in employment of people affected by family violence is a human right, rather than protection of domestic violence in and of itself.

New Zealand provides protection from domestic violence through indirect means, particularly through the FVA. This legislation enables the family violence sector to have a more consistent and streamlined response to victims of family violence, and those who inflict family violence. The purpose of this act is to stop and prevent family violence by the following means:^[18]

1. recognizing family violence, in all its forms, as unacceptable
2. stopping and preventing perpetrators from inflicting family violence
3. keeping victims, including children, safe from family violence

New Zealand has not signed or ratified the Council of Europe's Istanbul Convention (2011) preventing and combating violence against women and domestic violence (CETS No. 210).

New Zealand signed the 1979 Convention in 1980 and ratified it in 1985. By ratifying the convention, New Zealand has agreed to affirm women's legal rights, devote attention to women's reproductive rights, and address cultural conceptions of women and address how stereotypes, customs and norms can perpetuate discrimination.^[19]

The Committee on the Elimination of Discrimination Against Women (CEDAW) administers the 1979 Convention. Under the convention, state parties are required to submit a national report to the CEDAW at least every four years, outlining the measures they have adopted to give effect to convention provisions. The New Zealand body responsible for implementing and monitoring the 1979 Convention is the Ministry for Women. On its website, the Ministry for Women highlights what the government is currently doing to address and implement the recommendations and articles.

The most recent report is the eighth periodic report (Eighth Report) produced in 2016. It addresses how New Zealand has implemented concluding observations and recommendations made by the CEDAW in response to the 2012 report.

In response to the 2016 report, the CEDAW asked New Zealand to provide, within two years, follow-up written information on a number of processes in 2018 (2018 Report).^[20] These included undertaking to implement its four recommendations relating to the resourcing of the New Zealand Human Rights Commission (NZHRC) and its jurisdiction in relation to migrant workers, a strategy to combat gender-based violence against women, including women with disabilities, decriminalization of abortion and access to justice in the Family Court system.^[21]

Consequently, New Zealand issued its interim CEDAW report in August 2020 (Interim Report). This report addresses the concluding observations and recommendations as mandated by the CEDAW. For instance, one of the recommendations in the 2018 Report was to provide the NZHRC with sufficient resources to protect women's rights.^[22] In response, New Zealand stated that the NZHRC received an increase in funding in 2019-2020. Particularly, the funding for 2019-2020 was NZD 11.1 million and the funding for 2020-2021 is NZD 10.8 million.^[23]

In respect of the CEDAW's General Recommendation No. 35, New Zealand has addressed one aspect of it in its Interim Report. The 2018 Report provided a recommendation that New Zealand adopt a comprehensive and cross-party strategy on combating gender-based violence against women in accordance with General Recommendation No. 35 (2017) on gender-based violence against women, updating General Recommendation No. 19 and ensuring its consistent implementation, including by strictly applying the Family and Whanau Violence Legislation Bill and, among others, by including measures that specifically protect women with disabilities that are confronting abusive caregivers.^[24]

In response, New Zealand has detailed the steps it has taken to combat gender-based violence. This approach includes the following:^[25]

1. introducing new laws and policies (including the FVA, the Family Violence (Amendments) Act 2018, the Domestic Violence — Victims' Protection Act 2018, the Sexual Violence Legislation Bill and the New Zealand Police Policy)
2. developing a national strategy for the prevention of family and sexual violence
3. increasing funding for sexual violence and family violence services, including Kaupapa Maori family violence services
4. improving the collection and understanding of incidence data
5. committing to a long-term program of reform to build a stronger health and disability system with a specific focus on addressing issues for disabled people seeking to live free from violence