Although there are no specific laws in relation to this question, an employer could potentially apply for a protection order on behalf of their employee under Section 69 to which the court will decide whether to make an order.^[134]

Under Section 69, if a person aged 18 years old and over and who is (a) not a person lacking capacity, (b) eligible to apply for a protection order and (c) prevented by physical incapacity, fear of harm or another sufficient cause from making the application personally, then an application for a protection order may be made on behalf of the person by a "representative," for example, an "approved organization."^[135]

Based on the above, an employer may apply for a protection order on behalf of their employee. The employer must also be an "approved organization" to act as their employee's representative.

To be qualified as an "approved organization," the organization must, without making an application to be appointed or to act as a representative for a 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 P's views in relation to the organization acting as a representative for P; and
2. if the views of P have been able to be ascertained, shows—
   1. that P does not object to the organization acting as a representative for P; or
   2. that P's objection is not freely made; and
3. shows that it is in P's best interests for the organization to act as a representative for P; and
4. shows that there is unlikely to be any conflict between the interests of the organization and P's interests; and
5. includes an undertaking to be responsible for any costs awarded against P in the proceedings.^[136]

There are no special protections or entitlements for employees who leave their employment because they are experiencing domestic violence. However, persons affected by domestic violence have additional legal entitlements while they are at work and an employee is entitled to receive their full severance payment upon the termination of their employment regardless of the reason for their termination. ^[137]

Additional employment entitlements for employees affected by family violence

Recent amendments to the Domestic Violence — Victims' Protection Act 2018 provide that persons affected by family violence have the right to the following:

• to take up to 10 days of paid family violence leave per year^[138]
• to ask for short-term flexible working arrangements, lasting up to two months^[139]
• not to be treated adversely in the workplace because they might have experienced family violence^[140]

For the purposes of these entitlements, "family violence" is defined to include violence inflicted against a person by any person with whom that person is or has been in a family relationship.^[141] This can include, for example, violence inflicted by an intimate partner, a former intimate partner, a family member or whānau, or a roommate. The "violence" inflicted can be physical abuse, sexual abuse or psychological abuse, and it can include a pattern of behavior that is coercive or controlling (or is done to coerce or control) and causes cumulative harm.^[142]

These additional workplace rights and entitlements are provided to persons affected by family violence even if the family violence occurred before the person began working for their current employer.^[143]

Severance pay

Upon the termination of an employee's employment, the employee's severance payment must include the following:

• payment for all unpaid work performed by the employee up to the termination date
• payment for any accrued but untaken leave, including annual holidays, public holidays and alternative holidays^[144]
• any accrued but unpaid lump sum or other payments, such as those set out in an employee's employment agreement or negotiated as part of a separation arrangement

Although there is no specific leave that entitles family members of domestic violence victims to take leave for the purpose of helping the victim seek treatment or obtain help and services, they may take "domestic violence leave" if they are "affected by domestic violence."^[145]

The definition of a "person affected by domestic violence" means a person who is one or both of the following:

1. a person against whom any other person is inflicting or has inflicted domestic violence
2. a person with whom there ordinarily or periodically resides a child against whom any other person is inflicting or has inflicted domestic violence^[146]

Reporting the violence does not mean that the victim of domestic violence will be able to get a visa and stay in New Zealand. Immigration New Zealand has established two special visa categories for migrants who have experienced family violence:

1. Victims of Family Violence Work Visa^[148]
2. Victims of Family Violence Resident Visa^[149]

Victims of domestic violence can apply under these categories if their immigration status in New Zealand depends on their abusive partner who is a New Zealand citizen or resident. In these cases, they may be granted a work visa for six months and, in some cases, they can be granted a resident visa. They cannot obtain a visa under those special categories if their abusive partner is not a New Zealand citizen or resident and only has a work visa.

The Care of Children Act 2004 and the FVA govern the arrangements for the care of children in domestic violence cases in New Zealand.

Definitions

The terms "custody" and "parental responsibility" are not defined in the Care of Children Act 2004 or the FVA. However, the terms "day-to-day care"^[150] and "guardianship"^[151] are defined in the Care of Children Act 2004 in a manner that closely resembles the meaning given to "custody" and "parental responsibility" in other jurisdictions.

The Care of Children Act 2004 and the FVA define "family violence" to include physical abuse, sexual abuse and psychological abuse.^[152] Violence can also include a pattern of behavior that is made up of various acts of physical abuse, sexual abuse and psychological abuse.^[153]

Care of Children Act 2004

Under the Care of Children Act 2004, the welfare and best interests of the child are always the paramount considerations (except in proceedings invoking the Hague Child Abduction Convention).^[154] In proceedings involving the guardianship of a child, the role of providing day-to-day care for a child or contact with a child, the Care of Children Act 2004 provides that a child must be given reasonable opportunities to express their views on matters affecting them and that any views expressed by the child must be considered by the court.^[155]

Parenting orders

In most cases, a child's parents will be their guardian. Where there is a breakdown in the relationship between a child's parents or guardians, neither the parent nor the guardian has a prevailing right to have access to, contact with, the care of or visitation rights in relation to the child unless a parenting order is imposed.

A parenting order can be made in relation to a child who is 16 years old or younger (unless special circumstances apply).^[156] A parenting order can specify the following:

• that a person will have the role of providing day-to-day care for a child
• that a person may have contact with a child
• the nature, duration and frequency of the day-to-day care of or contact with a child
• any conditions of care or contact^[157]

Application for the care of children

When an application is made under the Care of Children Act 2004 for a parenting order (or a guardianship order) in relation to a child, and a protection order is or has been in force against one or more parties to the application under the FVA, then the court must consider the following factors in determining whether to grant the parenting order:

• whether the protection order is still in force^[158]
• the circumstances in which the order was made^[159]
• any written reasons given by the judge for the order being imposed^[160]
• all relevant convictions of the parties to the application under the FVA^[161]
• all relevant safety concerns that an assessor or a service provider has noted under the FVA^[162]

Protective conditions for child visitation arrangements

The Care of Children Act 2004 empowers judges to impose protective conditions for childcare and visitation arrangements if there has been family violence.^[163]

When a parenting order or guardianship order is made and the order enables a person to have contact with a child in circumstances where the person (person A) has inflicted family violence against either the child or a person who has the role of providing the day-to-day care for the child (person B), the court must consider whether the order should be subject to special conditions for the purpose of protecting the safety of person B while person A's contact with the child takes place.^[164]

Temporary protection orders

The Care of Children Act 2004 empowers judges considering applications for a parenting order or guardianship order to make temporary protection orders where they have concerns about the safety of a child.^[165]

This power arises when a protection order has not already been imposed under the FVA. In these circumstances, if a person has made an application for a parenting order or a guardianship order and the court is satisfied that an application for a protection order had been made under the FVA and that it would have been imposed, then the court may make a temporary protection order under the FVA if the judge is satisfied that any other orders or directions it can make would not, by themselves, provide enough protection for any or all of the people affected by the application for a parenting order.^[166]

Views of the child

In proceedings involving the guardianship of a child, the role of providing day-to-day care for a child or contact with a child, the Care of Children Act 2004 provides that a child must be given reasonable opportunities to express their views on matters affecting them and that any views expressed by the child must be considered by the court.^[167]

Views of the spouse making the application

If a person makes an application for a parenting order under the Care of Children Act 2004, the application must include a statement by the applicant about whether and how the order can and should provide for any other person or persons to have the role of providing day-to-day care for a child or contact with a child.^[168]

Under the Family Court Rules 2002, an application for a parenting order must be supported by an affidavit containing detailed evidence in support of the application.^[169]

If the other party to an application for a parenting order opposes the application, that party may file a notice of response.^[170] The response must also be accompanied by an affidavit that sets out all the evidence that the person will rely upon in opposing the application for a parenting order.^[171] The judge must consider the application and the notice of response, and they may make whatever directions and order they think fit.^[172]

Views of others

In making a guardianship order or parenting order, the court may request the following:

• that a social worker report or provide advice on the application^[173]
• that a cultural report, medical report, psychological report or psychiatric report be prepared in relation to the child by a person who is qualified to prepare one^[174]

While there are currently no specific laws in this regard, new protections have been introduced for tenants generally. Landlords will not be able to terminate a periodic tenancy without a reason.^[177] The Residential Tenancies Act 1986 sets out the specific reasons that a landlord may use to end a periodic tenancy.

Yes. Under Section 56B of the Residential Tenancies Act 1986, tenants under a fixed-term or periodic tenancy will be able to terminate their tenancy as follows:

1. by giving at least two days' notice to the landlord in accordance with the notice requirements set out in the tenancy agreement
2. the notice is accompanied by qualifying evidence that the tenant has been a victim of family violence