Yes, civil protection orders are available to victims of domestic violence in New Zealand. These are referred to as protection orders. The following diagram outlines the protection order application process for a person experiencing family violence:[53]
The applicant
Anyone over 16 years old may apply for a protection order against another "with whom the applicant is or has been in a family relationship if they have been violent or abusive."[54]
On behalf of an applicant
A protection order can be applied for on behalf of an applicant who is unable to apply themselves (including children, people lacking capacity and people unable to apply personally) by a representative or an approved organization.
Custody
Yes, the applicant or the respondent may apply for a parenting order. A parenting order sets out who has day-to-day care of the children.[55]
Child support
If the court is satisfied that a child or young person is in need of care or protection, it may make an order directing a person or organization to provide support to that child for a period.[56] The person providing support must monitor the standard of care and protection exercised over that child and coordinate the provision of services and resources (including financial resources) to ensure that appropriate care is provided.[57] The court also has the power to impose any additional conditions, such as mandating that the child should not associate with a specified person.[58]
Abuser to stay away from places[59]
Yes, a protection order sets out the rules and conditions that the respondent must not breach. If the respondent breaches these conditions, the respondent can be arrested and charged with a criminal offense, facing imprisonment.
It is also a standard condition under the protection order that the respondent must not make any contact with the applicant unless the applicant has provided their consent. This standard no-contact condition includes the prohibition of going to the applicant's home, workplace or school. However, these conditions do not apply if the applicant agrees to live with the respondent.
Abuser to move out
The applicant may apply for a property order. The property order requires the respondent to vacate the premises and it allows the applicant and their children to remain. However, the applicant must have a protection order or they must be applying for a protection order to seek a property order.
There are two types of property orders:
- Occupation order: This order allows the applicant to remain in the property in which they are currently living or wish to live that is owned by the applicant and/or the respondent. The order also prevents the respondent from living at the property.
- Tenancy order: This order removes the respondent as a tenant of the property that they have been renting with the applicant. The order allows the applicant to continue living at the property while preventing the respondent from doing the same.
Yes, the police may issue police safety orders to protect victims of domestic violence and their families. This gives the victims and their families time to make decisions about their ongoing safety and access support.[60]
A police safety order is a temporary order that may last for up to 10 days. During this 10-day period, the person whom the order is served against 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.Yes, a court may make a protection order either with or without notice.[62]
"Without notice" protection order (i.e., temporary)
The court may make a "without notice" protection order if the applicant needs urgent protection. This protection order is temporary only and it can be issued without notifying the purported abuser beforehand. The purported abuser is only notified once the temporary protection order is in place.
"On notice" protection order
The court may make an "on notice" protection order, which is not temporary. In assessing the "on notice" protection order application, the respondent is notified about the application and both the respondent and applicant are required to attend court. In court, both parties discuss with the judge whether the protection order should stand. In court, the respondent will have the chance to defend their case. The judge retains discretion on whether to keep the protection order or remove it.In 2016:
- There were 118,910 family violence investigations by the New Zealand Police.
- 5,461 applications were made for protection orders:
- 89% were made by women and 10% were made by men.
- 89% of respondents were men and 10% were women.[66]
https://nzfvc.org.nz/sites/nzfvc.org.nz/files/Data-summaries-snapshot-2017.pdf
Landing page for "family violence statistics"[67]
https://nzfvc.org.nz/family-violence-statistics
Statistics (as of June 2017) on family violence deaths and violence against women[68]
There is no time limit as to when an applicant must make an application for a protection order. [73]
Temporary protection order
A temporary protection order will usually be issued the same day as applying. Often, it will be made within minutes of the application reaching the Family Court. A temporary protection order will continue to be in force until the order becomes a final order, the order lapses or the order is discharged.[74] A final protection order continues to be in force until it is discharged.[75]
"On notice" protection order
Although no specific period is given for the respondent to contest the application, the court must be fair to both parties. Therefore, there is an opportunity for the respondent to contest the protection order.The judge has full discretion to grant a protection order as long as the following conditions are satisfied:[77]
- The respondent has inflicted or is inflicting family violence against the applicant or a child of the applicant's family, or both.
- Making the order is necessary for the protection of the applicant, a child of the applicant's family or both.[78]
Temporary protection order
During the three-month period of the temporary protection order, the respondent may attend court to attest against the protection order. If this occurs, the court will set a hearing date to listen to both the applicant and the respondent before deciding on whether to either cancel the temporary protection order or make it final.
Parenting orders
Depending on the circumstances, a parenting order may allow the respondent to have contact with their children. However, the judge must ensure that the children will be safe at all times. If the judge determines that the children will not be safe with the respondent, the judge may require the supervision of any contact between the respondent and the children, and they may dictate when contact may occur. Additionally, judges may add certain conditions to the parenting order to keep the children safe during the handover between the applicant and the respondent.No-fault compensation scheme
A person can rely on the Accident Compensation Act 2001 to claim compensation cover for a personal injury suffered in New Zealand. The no-fault cover means that a person will be covered as long as the injury falls within the Accident Compensation Act 2001. It does not matter who was at fault.
The injuries that the scheme covers include but are not limited to the following:[80]
- physical injuries — sprains or strains, wounds, burns, fractures, dislocations and concussion[81]
- mental injuries — caused or not caused by a criminal act (e.g., sexual violation)[82]
Physical injuries may be caused by an accident and not by common illness or stress. Mental injuries must be caused by a physical injury suffered by the person or caused by certain criminal acts. The mental injury must be diagnosed as a mental condition by a health professional.
Compensation may be awarded to cover the following (non-exhaustive):
- medical and treatment expenses
- counseling and therapy sessions
- loss of earnings
Criminal case
Where the respondent has additionally been sentenced for a criminal offense against the applicant, for example, assault, then the applicant may ask for costs and restitution as a victim of this crime. The judge may order the offender to pay the victim money if the victim has suffered emotional harm or lost property as a result of the crime. During the sentencing process, the judge will ask for a report to decide how much reparation the offender must pay to the victim. The judge will consider how much damage or cost the victim has incurred and the offender's ability to pay it. If the judge orders reparation, the victim will receive a reparation notice outlining how much the offender has been ordered to pay. The offender usually has 28 days to pay the court in full or to arrange payment by installments.