Many of the terms below are defined in the FVA. Other relevant legislation includes the Crimes Act 1961, the Harassment Act 1997 and the Victims' Rights Act 2002 (VRA).

The FVA refers to "family violence" rather than "domestic violence." "Family violence" is defined as violence inflicted against a person by any other person with whom the first person is or has been in a family relationship.^[26] "Violence" is defined as physical, sexual or psychological abuse and it can include a pattern of behavior that is coercive or controlling (or with the effect of coercing or controlling) or causes cumulative harm. Violence can also be dowry related (violence that arises around the existence and nature of goods, gifts, money, property or other benefits given from one marrying party to another).

Abuse can be a single act or a pattern of behavior that may amount to abuse, even where singular acts, in isolation, may seem minor or trivial.^[27] Psychological abuse can include the following:

• threats of physical or sexual abuse
• intimidation or harassment, which can include the following:
  • watching, loitering near, or preventing or hindering access to or from a person's place of residence, business, employment, educational institution or any other place that the person visits often
  • following the person or stopping or accosting a person in any place
  • if a person is present on or in any land or building, entering or remaining on or in that land or building in circumstances that constitute trespassing
• damage to property
• ill-treatment of pets or animals whose welfare would affect a person's well-being
• financial or economic abuse
• removing access to support that affects the quality of life of a person who is impaired by reason of age, disability, health condition or another cause

A person harasses another if "he or she engages in a pattern of behaviour that is directed against that other person, being a pattern of behaviour that includes doing any specified act to the other person on at least 2 separate occasions within a period of 12 months."^[29] The specified acts do not need to be directed at the same person on each separate occasion, as long as the pattern of behavior is directed at one person. One continuing act carried out over a protracted period can also be harassment.

A "specified act" includes the following:

• watching, loitering near, or preventing or hindering access to or from a person's place of residence, business, employment or any other place that the person frequents for any purpose
• following, stopping or accosting a person
• entering or interfering with property in a person's possession
• making contact with a person (whether by telephone, correspondence, electronic communication or in any other way)
• giving offensive material to a person or leaving it where it will be found by, given to or brought to the attention of a person
• giving offensive material to a person by placing the material in any electronic media where it is likely that it will be seen by or brought to the attention of a person
• acting in any other way that:
  • causes a person (person A) to fear for their safety
  • would cause a reasonable person in person A's particular circumstances to fear for their safety^[30]

Specified acts also include acts directed at a person that cause them to fear for their safety, but they must also cause a reasonable person, in the circumstances, to fear for their safety for harassment to be made out.

If a person is being harassed (if another person directs two or more specified acts at them within 12 months), they may apply for a civil restraining order.^[31] Further detail on restraining orders is given in Part 3 of the Harassment Act 1997.

In relation to family violence, a "victim" is a person who "has experienced, is experiencing, or may experience family violence (even if no offence involving the violence was, is, or is to be admitted or prosecuted) or is, has been, or may be affected by family violence (even if no offence involving the violence was, is, or is to be admitted or prosecuted)."^[33]

The broader definition of a victim (in relation to offenses committed) is defined in the VRA as follows:

• a person against whom an offense is committed by another person
• a person who, through or by means of an offense committed by another person, suffers physical injury, loss of or damage to property
• a parent or legal guardian of a child, or of a young person, unless that parent or guardian is charged with committing, is convicted or found guilty of, or pleads guilty to the offense concerned
• a member of the immediate family of a person who, as a result of an offense committed by another person, dies or is incapable, unless that member is charged with committing, or is convicted or found guilty of, or pleads guilty to the offense concerned^[34]

There is no explicit definition of an "abuser" in New Zealand law, but it is effectively defined in the FVA.^[35]

The FVA defines "family violence" as violence inflicted against a person by another person who is or has been a family relation. The term "violence" is physical, sexual or psychological abuse.^[36]

Protection orders are orders made under Part 4 of the FVA. Protection orders are made on application to the Family Court. According to the New Zealand Police, the court normally responds to a protection order request on the same day.^[37]

Applicants in a family relationship can apply for protection orders or have a representative or approved organization apply on their behalf.^[38] A protection order does not require notice to the respondent.^[39] Orders made for applicants also apply to their children and they can be extended to other children, or persons deemed in need of protection.^[40] Both the applicant and respondent can apply to have the order discharged or varied.^[41] Standard protection order conditions are that the respondent must not do the following:

• physically, psychologically or sexually abuse or threaten the applicant or their children
• damage or threaten to damage the applicant's property
• encourage anyone else to physically, sexually or psychologically abuse or threaten the applicant or their children^[42]

The no-contact conditions of a protection order mean the respondent must not do the following:

• come to the applicant's home or onto the applicant's property
• hang around the neighborhood
• try to stop the applicant, their children or those close to the applicant from coming or going
• phone, write, fax or in any way contact the applicant unless it is an emergency, there is written permission or they are both asked to attend a family group conference^[43]

Any firearm license held by the respondent is suspended and they must hand over any firearms to the police within 24 hours.

A breach of a protection order is a criminal offense that carries a maximum term of three years in prison.^[44]

An applicant can also apply for a property order alongside or after having received a protection order under Part 5 of the FVA. Property orders include the following:

• occupation orders, which gives the victim the exclusive right to live in a property that either they or the respondent owns or has a legal interest in
• tenancy orders, which gives the victim the exclusive right to live in a property that either they or the respondent have been renting
• furniture orders, which allows the victim to take possession of some or all of the furniture, household appliances and household effects from a house they have shared with the respondent

Under Part 3 of the FVA, the police can issue an on-the-spot police safety order if the police officer "has reasonable grounds to believe that the issue of an order is necessary to help make an alleged victim safe from family violence."^[45] The person served with a police safety order cannot "assault, harass, threaten, stalk or intimidate the protected person, or go near any land or building that they occupy, even if they have a legal or equitable interest in the land or building."^[46]

A rape is included under the umbrella of a sexual violation, along with "unlawful sexual connection with another person."^[47] "Rape" is defined as the penetration of genitalia by the penis of person A without the consent of the penetrated party, person B, and without reasonable grounds to believe that person B consents to the connection. Unlawful sexual connection is defined as above, but it does not need to involve penetration.

The Crimes Act 1961 explicitly states that "one person may be convicted of the sexual violation of another person at a time when they were married to each other."^[48] This extends to same-sex couples.^[49]

Representative^[51]

This means the following:

1. In relation to a child, it means a litigation guardian or next friend appointed under or recognized by the rules of court, or an approved organization to take proceedings under the act on behalf of that child.
2. In relation to a person lacking capacity to whom Section 67 of the FVAapplies, it means a litigation guardian appointed under or recognized by the rules of court, or an approved organization to take proceedings under the act on behalf of that person.
3. In relation to a person who is unable to apply personally (i.e., a person aged 18 years old or over who is: (i) not a person lacking capacity; (ii) eligible to apply for a protection order; and (iii) prevented by physical incapacity, fear of harm or another sufficient cause from making the application personally), it means a litigation guardian or an approved organization to take proceedings under the act on behalf of that person.

Litigation guardian^[52]

This is a person who is authorized by or who is under an enactment to conduct proceedings in the name of or on behalf of an incapacitated person or a minor.

Approved organization

This is an organization that must, without making an application to be appointed or to act as a representative for a child or person, complete and file in the court an application form (for the order) that does the following:

1. shows that reasonable steps have been taken to ascertain a person's views in relation to the organization acting as a representative for that person
2. if the views of a person have been able to be ascertained:
   1. that the person does not object to the organization acting as a representative for that person
   2. that the person's objection is not freely made
3. shows that it is in the person's best interests for the organization to act as a representative for that person
4. shows that there is unlikely to be any conflict between the interests of the organization and the person's interests
5. includes an undertaking to be responsible for any costs awarded against a person in the proceedings