1.1 Family Harm

Question 1

Police policy statement

Answer 1

Family harm is a high priority for Police and reducing the number and impact of family harm episodes is a key Police strategy.

Police take every opportunity to prevent harm and reduce offending and victimisation.

Police is committed to a prompt, effective and nationally consistent approach to family harm episodes in collaboration with other agencies/iwi and with community partners.

Question 2

Principles that guide Police practice - Early intervention. What is it?

Answer 2

• Recognising that early intervention helps to stop and prevent family harm. This requires an eyes wide open approach at all family harm investigations.

Question 3

Principles that guide Police practice - Culturally appropriate. What is it?

Answer 3

• Responses to family harm should be culturally appropriate and, in particular, responses involving Māori should reflect tikanga. This requires a sensitive approach at all family harm investigations that acknowledges the culture of those involved and provides culturally appropriate solutions, as relevant.

Question 4

Must Know - Principles that guide Police practice - Safety

Answer 4

• Ensuring all parties are made safe and kept safe, particularly victims, whose safety is paramount. This may include facilitating access to support services to help secure safety. • Children are especially vulnerable (though they may not be the primary victim) and before leaving the premises, attending officers must ensure they have no concerns regarding any child’s safety. • Officers must also be aware that attending family harm episodes is one of the most dangerous parts of their job and that precautions may be necessary to secure their own safety.

Question 5

Principles that guide Police practice - Collecting risk information.What is it?

Answer 5

Collecting specific risk information to enable effective assessment, planning and risk management to victims and to guide decisions around appropriate actions for offenders.

Family harm processes include the SAFVR measure and dynamic risk assessment at the scene which combined determine the total concern for safety.

The total concern for safety also contributes to a multi-agency risk score when combined with the risk assessed by other agencies.

Question 6

Principles that guide Police practice- Accountability.What is it?

Answer 6

• Holding predominant aggressors and offenders to account for their actions, by activating a prompt and comprehensive response.

This includes undertaking a thorough quality family harm investigation and where evidence of criminal offending exists, the decision to charge and filing of a charge will reflect the nature of the offending and be made in accordance with the Solicitor-General’s Prosecution Guidelines.

• Where offenders may benefit from supportive interventions to change their behaviours, directing them into programmes that will stop and prevent harm.

Question 7

Principles that guide Police practice - Working collaboratively.What is it?

Answer 7

Police must:

• coordinate responses to family harm through Family Violence Coordinators/Family Harm Specialists across relevant internal work groups, including FHTs, CPTs, ASA Teams, Youth Aid and Youth Education Teams, CIB, Iwi/Pacific and Ethnic Liaison Officers and other frontline employees
• be part of a coordinated collaborative multi-agency table response that aims to enhance information sharing and meet the multiple and varied needs of families
• provide quality information to multi-agency tables which enables the best support for families in need
• apply active case management principles and processes.

Question 8

Must Know - What is the overriding principle I must be aware of when attending family harm events?

Answer 8

Officers must also be aware that attending family harm episodes is one of the most dangerous parts of their job and that precautions may be necessary to secure their own safety.

Question 9

Tell me about Maori and family harm?

Answer 9

Māori are grossly over-represented in family harm statistics, both offending and victimisation, and across all areas of the vulnerabilities, compounding factors and negative behaviours in the diagram above.

Question 10

What do all family harm investigations require?

Answer 10

It is important to remember family harm can impact anyone, including occurring in families who are affluent. All family harm investigations require an open mind.

Question 11

Tell me the difference between family harm and family violence?

Answer 11

Family violence is a subset of family harm.

Family violence includes physical, sexual or psychological abuse within domestic relationships. There may be behaviour that is coercive or controlling and causes cumulative harm. It can be a single episode or a number of episodes forming a pattern of behaviour or series of events. An act of violence is often an escalation of an ongoing pattern of coercion and control.

Question 12

Tell me about who is the predominant aggressor in the relationship and that relationship to injury?

Answer 12

The majority of family harm investigations Police record are intimate partner violence and the predominant aggressor is mostly male and the primary victim female. Men’s violence is more likely to result in serious injury and intimidation and fear. Women are more likely to use violence in self-defence (resistive violence).

Question 13

Tell me about the link between intimate partner violence and child abuse…

Answer 13

There is a high rate of co-occurrence between intimate partner violence and child abuse and neglect but these are not necessarily separate forms of violence.

There can be a double level of intentionality where an act directed towards one individual is intended to affect another or others in order to keep and/or increase control over both.

Question 14

Must know - What must I always consider when attending a family harm event when firearms maybe present?

Answer 14

Firearms or other weapons may be involved or that the suspect has access to these.

Whether a PSO or a protection order is in place will be available in OnDuty. If a PSO has been issued, any firearms licence held by that person will be suspended for the duration of the order. Where a protection order is in force, any firearms licence held by the respondent will be revoked. Any firearms also need to be surrendered. Check any licence endorsements and if there are any firearms in secure storage.

Consider whether there are sufficient safety concerns to warrant the issuing of a Police safety order or, where there is sufficient evidence to arrest, making an application for a protection order. In either case all firearms, ammunition, or explosives in the possession or control of the suspect must be surrendered to Police or seized pursuant to section 18 Search and Surveillance Act 2012.

Must know - If you exercise the power to seize, report to the Commissioner within 3 Days three days by submitting a Firearms Search and Seizure form accessed via the Bulletin Board using the ‘Create’ and ‘Notification’ feature.

Following surrender or seizure of firearms, complete enquiries (including the views of the victim) to determine whether any licensed firearms holder is considered to be a ‘fit and proper’ person to hold a firearms licence. If appropriate, take revocation action pursuant to s27 and s27A Arms Act 1983. This may include informing and/or seeking assistance of the Police Arms Officer.

Question 15

Corroboration - What must I be thinking?

Answer 15

How can i prove this without the victim.

Question 16

How might I prove it without the victim? Think normal police work

Answer 16

• medical examinations and doctor’s reports (of suspect and victim) photographs of injuries
• scene examination evidence, including photographs and scene diagrams
• clothing
• witness statements (neighbours, friends, colleagues, emergency medical staff)
• 111 call - obtain a copy from Comms for court
• emails, text messages, phone records, internet browsing history, bank records
• admissions or other corroborating or damaging statements by a suspect

Question 17

How should I interview the victim and witnesses?

Answer 17

Early. Obtain a statement at the time or you may lose the opportunity. Consider getting sworn on the day off the offence. 82 Criminal Procedure Act 2011

Question 18

All forensic interviews of child abuse victims or of child witnesses of serious crime must be carried out by specially trained child witness interviewers. how does this fit within family harm?

Answer 18

This does not prevent a preliminary interview with a child occurring during initial attendance as part of identifying their role and the wider safety assessment.

Question 19

As with all offending, what must I consider when deciding if to arrest?

Answer 19

• there is sufficient evidence of an offence to arrest
• the tests for prosecution in the Solicitor-General’s Prosecution Guidelines would be met

Question 20

If there is sufficient evidence of an offence what should I do?

Answer 20

suspects responsible for family violence related offences or breaches of protection orders should, except in exceptional circumstances, be arrested.

Where there is insufficient evidence to arrest but you have victim and/or child safety concerns following a dynamic risk assessment, consider if it is appropriate to issue a Police safety order in accordance with the issuing criteria (the ‘necessity’ test in section 124B of the Domestic Violence Act).

Do not give any warnings where there is insufficient evidence to prosecute.

Question 21

How should historic breaches of a protection order be dealt with?

Answer 21

Protection orders continue to be effective until discharged by a court. Where there has been an historical breach, action should still be taken.

Question 22

Where offending is disclosed and actions other than arrest are contemplated. What should I do?

Answer 22

you must consult your supervisor before proceeding. It is advisable to also consult with the Family Violence Coordinator/Family Harm Specialist who may have relevant information known through multi- agency tables.

Question 23

What I must consider with all family violence?

Answer 23

Consider the possibility that some violence may be actions taken in self-defence.

Question 24

Do I need a formal complaint to arrest and charge?

Answer 24

No, formal complaint is required from the victim for you to arrest or file charges.

However, their response and wishes should be listened to and noted.

Explain the reason if Police actions are not consistent with their wishes. Many victims experience further harm and Police should act in a way that will encourage future reporting of episodes.

Question 25

Where there is insufficient evidence to arrest but you have victim and/or child safety concerns following a dynamic risk assessment. What should I do?

Answer 25

consider if it is appropriate to issue a Police safety order in accordance with the issuing criteria (the ‘necessity’ test in section 124B of the Domestic Violence Act)

Question 26

Who could help - How and when you charge makes a difference

Answer 26

Supervisor, a Legal Advisor, Family Violence Coordinator/Family Harm Specialist or a Prosecutor in your district if you need advice about charging decisions.

Question 27

Must Know - If there is a protection order and evidential sufficiency what should I do?

Answer 27

you must: • charge the offender with the breach

• not release the offender on Police bail for 24 hours unless there is a court hearing earlier than this where court bail can be determined.

The offender is not bailable as of right pursuant to s7 (2) of the Bail Act. Note the must

Question 28

When deciding whether to grant Police bail, the primary consideration ……

Answer 28

is the safety of the victim and their family members, linking the victim to appropriate support and services, and the possible need for the defendant to have a cooling off period to ensure the victim’s safety.

Question 29

Even though when charged with breach of a protection order they can be held without bail for 24 hours what must I still ensure?

Answer 29

The arrested person must be brought before a court as soon as possible.

Question 30

Even though when charged with breach of a protection order they can be held without bail for 24 hours what happens after 24 hours if we have not got them to court?

Answer 30

follow standard procedures for determining whether the person should be granted Police bail. The need to protect the victim of the alleged offence is the paramount consideration for the court when determining whether to grant bail (s8 (5) Bail Act).

Question 31

Who can bail an offender on family violence charges?

Answer 31

You must have the authority of a supervisor of or above the position level of sergeant before releasing a family violence defendant on Police bail.

Question 32

If opposing bail what will be the overriding focus?

Answer 32

Section 8(5) of the Bail Act also provides that the need to protect the victim of the alleged offending is the paramount consideration when deciding whether to grant bail for breaching a protection order.

Question 33

Women’s Refuge is the primary agency delivering support for victims of family violence. Will victim support ever give support?

Answer 33

due to resource constraints, Victim Support will only provide direct support to family violence victims in regions where there is no viable specialist agency available

Question 34

Must know- When must a family harm investigation in OnDuty be completed?

Answer 34

only when Police attend a family harm episode and the parties involved are in or have been in an intimate partner relationship or are family members.

Question 35

What are the four types of relationship covered?

Answer 35

intimate partner relationship

family members

flatmates

close personal relationships.

Question 36

What about other domestic relationships, ie. flatmates and close personal relationships.?

Answer 36

Normal Police responses apply to family violence involving the other categories of domestic relationships ie. flatmates and close personal relationships.

Question 37

Must Know - Can I issue a PSO to a flatmate?

Answer 37

YES, PSOs can be considered and issued in all responses to family harm episodes, when the parties involved are in any domestic relationship

Question 38

Must Know - Who is a qualified constable in relation to issueing a PSO?

Answer 38

A qualified constable is a constable of or above the position level of sergeant. They must hold the substantive position level or otherwise be formally appointed or authorised under section 63 Policing Act 2008 to the appropriate position level.

Question 39

What is a PSO ?

Answer 39

immediate orders issued by a qualified constable (or a constable authorised by a qualified constable) under s124B Domestic Violence Act.

Question 40

PSO effect on parenting orders, what happens?

Answer 40

If a bound person is a party to a parenting order or agreement, that parenting order is suspended

Question 41

What three immediate effects of a police safety order?

Answer 41

• Surrender any weapon/firearms license
• Vacate land/building occupied by person at risk
• Provide cooling off period

Question 42

Does a PSO require the victims consent?

Answer 42

No

Question 43

What two circumstances must exist before a PSO can be considered?

Answer 43

• does not arrest the person posing risk for a family violence offence against the person at risk
• has reasonable grounds to believe, having regard to specified matters , that the issue of an order is necessary to help make the person at risk safe from family violence (s124B (1)).

Question 44

If an arrest is made for family harm related offences and then released without charge, can I still issue a PSO?

Answer 44

NO, Note if a person is arrested for a family violence related offence, but it is later determined that there is insufficient evidence to charge for that offence, a PSO cannot subsequently be issued. Once the arrest has been made, the window of opportunity to issue a PSO has closed.

Question 45

When can a PSO not be issued?

Answer 45

• Arrest made for FV
• Person under 17 years
• PO issued for same person and likely breach of PO

Question 46

What are the factors to consider when deciding to issue a PSO

Answer 46

the total concern for safety determined during the family harm investigation and range of safety actions suggested in the frontline safety plan

Also consider:

• whether it is likely that the person posing risk:
• has used, or is using family violence against the person at risk, and/or any other person with whom the person posing risk has a domestic relationship
• will use or again use family violence against the person at risk • the welfare of any children residing with the person at risk
• the hardship that may be caused if the order is issued, and • any other matter that may be considered relevant. (These factors are listed in s124B (2)). Other things to take account of.
• previous interactions with Police
• history of mental illness
• presence or history of abuse of alcohol and/or drugs
• propensity for violence
• family harm history
• parenting orders, protection orders and/or PSOs previously in force
• multi-agency plans in place from previous family harm episodes
• whether the person posing risk is currently involved with perpetrator support services.

Question 47

With regard to hardship, what four things should I consider?

Answer 47

• who will have the family car
• who is in charge of family finances/cards/money
• the financial ability for the bound person to find alternative accommodation and transport
• whether any child has a disability or illness requiring more intensive care and support.

Question 48

Must Know- What must I find out about parenting orders at family harm events?

Answer 48

You must take reasonable steps to establish whether any adult family member of the household holds, or is in the process of obtaining, a parenting order relating to children of the household. Be aware of dangers to the children for reasons not immediately apparent. If a parenting order is in place the Family Violence Coordinator/Family Harm Specialist should be informed.

Question 49

Must Know - When does a PSO order start and how long can they exist for?

Answer 49

• Start immediately after they are served
• Cannot exceed 5 days

Question 50

Must Know - What must I consider deciding the duration of the order

Answer 50

• have regard to the factors set out in section 124B (2) (see Factors to consider when deciding to issue a Police safety order above)
• carefully consider the impact of the order on the family (e.g. hardship to any person, including the person posing risk, and the welfare of the children). As a starting point, you should begin with considering a 24 hour duration and then factor in other relevant considerations, for example:
• weekends, public holidays, and an individual’s ability to access the courts, if necessary
• how long it will take for the family to access appropriate support services and make ongoing arrangements for their safety. (See Arranging support for the person at risk when the order is issued in this chapter and the Family harm policy and procedures for more information about the frontline safety plan).

Question 51

How must PSO’s be written?

Answer 51

On the prescribed form

Question 52

What are the four required steps before issuing a PSO?

Answer 52

• All enquiries (POL1310/ODARA)
• Consider PSO
• Seek authority to issue form qualified constable
• Document authorisation

Question 53

Must know - What powers do you have with regards to the respondant, once you decide to issue a PSO to someone?

Answer 53

• Detain up to 2 hours
• Remove from premises to stn, car etc
• Power to arrest without warrant if refuses
• Fine not exceeding $500

You may:

• detain the person against whom a PSO is to be issued for up to two hours to allow you to obtain the necessary authority and to issue and serve the order on that person. The two hour period commences when the constable decides that a PSO is necessary (and seeks authorisation from a qualified constable if required)
• remove the person from the premises and to a Police station or place used as a Police station (e.g. a patrol car) during the period of the detention. In some situations and for short periods, detention within the home may be appropriate. A person who refuses to remain at the place where they are detained:
• commits an offence and is liable on summary conviction to a fine not exceeding $500 • may be arrested without warrant.

Question 54

Must Know - What happens if unable to serve PSO during time of detention?

Answer 54

• Must release the person
• You have 48 hours to issue & serve PSO The 48 hour period commences from the time a qualified constable authorises the issuing of the PSO.

Question 55

What support could I arrange for the person at risk when an order is issued?

Answer 55

• relevant and appropriate specialist support will be contacted for the person at risk and that their immediate safety You should take all practicable steps to ensure that as part of implementing the frontline safety plan or other safety measure:is assured
• if required, advocacy for the person at risk is arranged as soon as possible to enable contact to occur (e.g. interpreters, sign language experts)
• support and a temporary place to reside is available to the bound person (see Preventing and detecting breaches for more information).

Question 56

Must know - What are the steps when orders are served?

Answer 56

Fully explain to the person at risk and the bound person

Record the PSO in NIA immediately by contacting the CRL

At the time of service, Police must demand surrender of all firearmsand the firearms licence under s124F.

Provide suitable storage for firearms arrange support from appropriate agency Before the end of shift finish OnDuty/

• ensure copies of the PSO are on file and are submitted to NIA/
• link the Family Violence Co-ordinator/Family Harm Specialist
• vacates the land or building occupied by the person at risk. It is irrelevant whether the bound person has a financial interest in that place. (See procedure below if the person is on EM bail).

Take all practicable steps to obtain contact details for the bound person so that police can contact them and discuss prevention options. See Preventing and detecting breaches for more information. 4 At the time of service, Police must demand surrender of all firearms and the firearms licence under s124F. If… Also consider invoking… the bound person holds a firearms licence the provisions of ss27 or 27A of the Arms Act (revocation of licences) there is belief that the bound person may be in possession of or have access to firearms s18 of the Search and Surveillance Act (warrantless searches associated with arms) A report must be sent to the Commissioner within three days if this power is exercised 5 Police must provide suitable storage for all weapons seized under the Domestic Violence Act or Arms Act for the period of the suspension of the firearms licence. 6 If you have not already done so, contact the appropriate agency to ensure appropriate assistance and support services are in place for the person at risk (including any children residing with them) according to the frontline safety plan (as relevant). See Arranging support for the person at risk when the order is issued. 7 Before the end of your shift:

• complete the family harm investigation in OnDuty, or other investigation
• ensure copies of the PSO are on file and are submitted to NIA. Note: a copy of the PSO will be required in court to prove any PSO breach. Ensure that you are aware of your local district protocols in relation to PSO service documents
• link the Family Violence Co-ordinator/Family Harm Specialist to the family harm investigation in OnDuty or notify them.

Question 57

Must Know -

At the time of service, Police must demand surrender of all firearms

and the firearms licence under s124F. What powers might I use to search for firearms if the bound person holds a firearms licence?

Answer 57

Also consider invoking…if the bound person holds a firearms licencethe provisions of ss27 or 27A of the Arms Act (revocation of licences)

If there is belief that the bound person may be in possession of or have access to firearms

s18 of the Search and Surveillance Act (warrantless searches associated with arms)

Question 58

Must know-If I use the warrantless powers what must I do?

Answer 58

A report must be sent to the Commissioner within 3 days if this power is exercised

Question 59

What might I do to prevent breaches of the PSO in relation to the person at risk?

Answer 59

Police should contact the person at risk while the PSO is in place – preferably within 24 – 48 hours of the order being served, to:

• check for any breaches that may have occurred, and
• ensure the person at risk understands what constitutes a breach.

Question 60

What might I do to prevent breaches of the PSO in relation to the bound person??

Answer 60

Unless impractical to do so, police should also re-visit the bound person while the PSO is in place if the bound person is considered high risk.

The visit:

• provides a time to engage with the bound person and offer support services to address family harm at a time when Police are not responding to a call for service
• ensures the bound person understands the PSO, what constitutes a breach and consequences of any breach. This is particularly important if the bound person was intoxicated at the time the order was served and may not have understood the conditions and consequences of the order.

Question 61

Must Know- What are your powers and process for someone breaching a PSO?

Answer 61

• Arrest (reasonable force)
• To court within 24 hours •

Complaint to court to issue 124N order

• If unable to be put before the court within 24hrs then release on summons

Question 62

If a bound person is arrested for breaching a PSO does the PSO remain in force?

Answer 62

Yes

Question 63

Outline what is required to prosecute a breach of an order?

Answer 63

PSO is a criminal matter and criminal rules of evidence apply.

Factual matters must be proven beyond reasonable doubt.

The arresting officer must be prepared to go to court and have the person at risk attend to give evidence.

Question 64

What is the process open to you if a person breaches a PSO and absconds? (4)

Answer 64

• Must advice CRL
• 1 month to locate person
• 24 hours to get to court once located or
• Apply for WTA 124O (to court asap)
• Complaint and seek 124N order

Question 65

What must happen to a WTA that has been issued for a breach of PSO after one month?

Answer 65

• The matter must be brought back before the court to seek leave to withdraw

Question 66

Tell me about filing complaints for breaches?

Answer 66

A charging document is not filed for the breach.

Breaches of PSOs should be filed using the complaint form (POL 2142) in NIA,

and

must be sworn at court by the constable named on the complaint.

Complaints cannot be filed electronically like charging documents.

A copy of the POL 2142 is electronically transmitted to court, however the original must still be sworn by the constable at the court.

Question 67

What are the powers of the court when a breach of PSO order complaint has been made?

Answer 67

• continue with the existing order for the duration of which it was issued.

or

• if the order has not expired, direct that another order be issued in substitution for the earlier order for a period not exceeding five days. This must be served as soon as practicable,

or

• if the order has expired, direct that another order is issued against the bound person,

or

• adjourn the proceedings so that a District Court judge can consider whether a temporary protection order should be issued.

Question 68

What must a prosecutor do after the bound person has appeared on a breach?

Answer 68

the prosecutor, officer of the court or constable must try to contact them to advise them of the court outcome. If the prosecutor, officer of the court or constable cannot advise the person at risk of the court outcome, request the CRL to contact the person by:

• making 3 attempts of telephone calls within one hour
• then send local unit and complete a 4Q follow up event
• update NIA record to reflect action taken.

Note: The onus is on the district to advise the person at risk and the CRL will only provide assistance. It is the district’s responsibility to maintain this function.

Question 69

What is the one offence and penalty relating to a PSO?

Answer 69

Failing to remain while a safety order is issued s124I(2)(a) $500

Question 70

What are the powers when a person fails to remain while a safety order is issued?

Answer 70

You can arrest without warrant any person who has failed or refused to remain in Police custody for the two hour time period in which you can detain for the purpose of issuing a safety order

Question 71

Must Know - What are the five standard conditions of a protection order?

Answer 71

• Physically / Sexually abuse person at risk
• Damage or threaten to damage any property of person at risk
• Threats, intimidation, harassment which amounts to psychologocal abuse
• Encourage another person to do any of the above
• Can also have no contact by telephone, electronic message, correspondence or otherwise other than reasonably necessary in an emergency

Question 72

What are the four occasions police will serve a protection order?

Answer 72

• the respondent holds a firearms licence, or
• the respondent is believed to be in possession of or have access to a firearm (whether or not they have a licence), or
• service is assessed as being a significant risk to the server, or
• the protection order is granted without notice

Question 73

With regards to the principles what will police ensure they do?

Answer 73

Police will ensure that:

• robust information sharing, collaborative risk assessment and safe service delivery practices for protection orders will be developed and implemented in conjunction with courts
• at the time of service, police will demand surrender of all firearms and firearms licences
• staff safety is of paramount importance when determining appropriate methods to seize firearms or firearms licences
• the officer serving a protection order will contact the victim and inform them that service has occurred
• all breaches of protection orders and property related orders will be taken seriously and if there is sufficient evidence, it is expected that in most cases the offender will be arrested and prosecuted for the breach.

Question 74

Must Know - What must the respondent of a protection order surrender to police and when?

Answer 74

• Weapons in their possession /control (Lawfully in their control or not)
• Firearms Licence
• on demand at any time by a constable

Question 75

Can an adult child not living with applicant be covered by a protection order?

Answer 75

Adult children not living with the applicant must be identified on the order as a specified person, or apply to the court for an order as a protected person.

A child aged 17 years and older (‘an adult child’) remains protected by the order until they leave home.

Question 76

Who can grant a protection order?

Answer 76

Family court and district court in circumstances such as a breach of PSO.

Question 77

a temporary protection order can be issued without an application being made and without either party having to be present in court. What must the judge be convinced of?

Answer 77

the judge must be convinced the victim does not object.

Question 78

Must Know - What are the standard non violence conditions of a protection order?

Answer 78

• physically or sexually abuse the protected person
• threaten to physically or sexually abuse the protected person • damage, or threaten to damage, property of the protected person
• engage, or threaten to engage, in other behaviour, including intimidation or harassment, which amounts to psychological abuse of the protected person
• encourage any person to engage in behaviour against a protected person, where the behaviour, if engaged in by the respondent, would be prohibited by the order. (s19(1))

Question 79

Outline some examples of Psychological abuse

Answer 79

• intimidation
• harassment
• damage to property
• threats of physical abuse, sexual abuse, or psychological abuse
• financial or economic abuse (e.g. denying or limiting access to financial resources, or preventing or restricting employment opportunities or access to education)
• In relation to a child, includes causing or allowing the child to see or hear the physical, sexual, or psychological abuse of a person with whom the child has a domestic relationship or putting the child at real risk of seeing or hearing that abuse occurring (s3).

Question 80

When do the non contact conditions of a protection order not apply?

Answer 80

• reasonably necessary in an emergency
• permitted under any order or written agreement regarding contact, care or custody of a minor
• permitted under any special condition of the protection order
• necessary for the purposes of attending a family group conference
• necessary to attend a settlement conference under the Care of Children Act 2004.

Question 81

What are the standard conditions relating to weapons ??

Answer 81

It is a condition of every protection order that the respondent must not:

• possess , or have any weapon (firearm, airgun, pistol, restricted weapon, ammunition or explosive) under their control
• hold a firearms licence.

Question 82

When a person served with a protection order holds a firearms licence what must they do

Answer 82

The respondent must surrender to Police any weapon in their possession or under their control (whether or not it is lawfully in their possession or under their control) and any firearms licence held by them:

• as soon as practicable after the service of the protection order on them (and within 24 hours of the service), and
• on demand made, at any time, by a constable.

(s21(1)) Where a temporary protection order is issued, any firearms licence held by the respondent is deemed to be suspended under s21(2 ). The licence is deemed to be revoked when an order becomes final. Police must retain any weapons surrendered to them on the issue of a protection order for the period of the licence suspension and, except in circumstances where the weapon may be lawfully retained, return the weapon to the person as soon as practicable after the suspension ceases to be in force (s25).

Question 83

Non-molestation and non-violence orders issued under the Domestic Protection Act 1982 and still in force when the Domestic Violence Act came into effect are treated as protection orders issued under the new Act. What do they not contain and what must I do?

Answer 83

The only difference is that they do not contain the conditions relating to weapons.

If, through the course of your family harm investigation or other duties, you become aware that a respondent of a non-molestation or non-violence order has a firearms licence, you must notify an inspector or above to consider revocation of the firearms licences under ss27 or 27A of the Arms Act 1983.

Question 84

Must Know What is the procedure for serving the order?

Answer 84

• Check recording standards have been met
• Assess and determine who should serve the order
• If firearms licence, firearms or risk to server - police serve order • Demand surrender at time of service
• Police provide suitable storage for firearms
• Serve without delay
• Notify victim when served
• Document victim contact in NIA
• Electronically forward notice of service back to the court
• Maintain National recording standards This table outlines the procedures for Courts and Police for serving protection orders and seizing firearms.

Note that Police will only serve protection orders that are granted without notice or where the overall circumstances indicate a significant risk of harm (see step 6 below). All other protection orders should be served by court staff. Step Action 1 - 4 ……. 5

On receipt of the order, the O/C station nearest to where the respondent resides must:

• check that recording standards have been met
• assess all relevant information to determine who should serve the order (see step 6) and what other police actions may be required, e.g.: – an Inspector or above consider the revocation of firearms licences under ss27 or 27A of the Arms Act – where the respondent is believed to be in possession of or have access to firearms, a warrantless search for firearms under s18 of the Search and Surveillance Act 2012 – a graduated victim response, e.g. a Police visit to the applicant, or creating and actioning a victim intervention plan (VIP) for the protected person. 6 Police must serve protection orders if:
• the respondent holds a firearms licence, or is believed to be in possession of or have access to a firearm (whether or not they have a licence), or
• service is assessed as being a significant risk to the server, or
• the protection order has been granted without notice.

All other protection orders should be served by court staff.

7 At the time of service, Police must demand surrender of all firearms and the firearms licence under s21 DVA.

Respondents who fail to surrender all firearms in their possession on demand or their firearms licence, may be arrested for breach of the protection order. Note: ‘On demand’ has the dictionary meaning of ‘as soon as requested’.

Question 85

Must Know - What are the must know (2) notes when serving a protection order?

Answer 85

Staff safety is of paramount importance when determining appropriate methods to seize firearms or firearms licences.

To ensure safety of victims and Police, service of protection orders must be afforded priority and carried out without delay.

Question 86

Must Know - On receipt of the order, the O/C station nearest to where the respondent resides must:

Answer 86

assess all relevant information to determine who should serve the order (see step 6) and what other police actions may be required

Question 87

Must Know - Police must serve protection orders if (4) :

Answer 87

• the respondent holds a firearms licence, or is believed to be in possession of

or have access to a firearm (whether or not they have a licence), or

• service is assessed as being a significant risk to the server, or
• the protection order has been granted without notice.

Question 88

Must Know - What must police do in relation to firearms at service of the protection order?

Answer 88

At the time of service, Police must demand surrender of all firearms and the firearms licence under s21 DVA

Question 89

Must Know - In relation to firearms seizure with a protection order what does on demand mean?

Answer 89

On demand’ has the dictionary meaning of ‘as soon as requested’.

Question 90

Must Know - In relation to firearms seizure with a protection order what if they fail to surrender all firearms and the licence ?

Answer 90

.Respondents who fail to surrender all firearms in their possession on demand or their firearms licence, may be arrested for breach of the protection order.

also consider invoking… the provisions of ss27 or 27A of the Arms Act 1983 (revocation of licences) s18 of the Search and Surveillance Act 2012 (warrantless searches associated with arms).

A report must be sent to the Commissioner within 3 days if this power is exercised.

To ensure safety of victims and Police, service of protection orders must be afforded priority and carried out without delay.

Question 91

Definition of child

Answer 91

child means a person who is under the age of 17 years; but does not include a person who is or has been married or in a civil union or a de facto relationship:

Question 92

Definition of child of the applicant’s family

Answer 92

child of the applicant’s family means a child who ordinarily or periodically resides with the applicant (whether or not the child is a child of the applicant and the respondent or of either of them):

Question 93

Definition of domestic relationship

Answer 93

domestic relationship means one of the relationships set out in section 4(1) of this Act:

1. Is a spouse or partner of the other person; or
2. Is a family member of the other person; or
3. Ordinarily shares a household with the other person; or
4. Has a close personal relationship with the other person.

Question 94

Must Know -Definition of domestic violence

Answer 94

domestic violence has the meaning set out in section 3 of this Act:

In this Act, domestic violence, in relation to any person, means violence against that person by any other person with whom that person is, or has been, in a domestic relationship.

Question 95

Must Know- Definition of dwellinghouse

Answer 95

dwellinghouse includes – (a) Any flat or town house, whether or not occupied pursuant to a licence to occupy within the meaning of section 121A of the Land Transfer Act 1952:

Any mobile home, caravan, or other means of shelter placed or erected upon any land and intended for occupation on that land:​

Question 96

Must Know - Definition of family member

Answer 96

Any other person who is or has been related to the person by blood or by or through marriage, a civil union, or a de facto relationship, or by adoption:

Any other person who is a member of the person’s whanau or other culturally recognised family group:

Question 97

Must Know - What is of paramount importance when determining how to seize firearms and licences?

Answer 97

Staff safety is of paramount importance when determining appropriate methods to seize firearms or firearms licences.

Question 98

Must Know - Definition of partner

Answer 98

partner, in the phrase “spouse or partner” and in related contexts, means, in relation to a person, –

the person’s civil union partner; or the person’s de facto partner;

or any other person, in any case where those persons are the biological parents of the same person]

Question 99

Must Know - Definition of property,

Answer 99

in relation to a person, means property that –

1. The person owns; or
2. The person does not own but –uses or enjoys; or
   
   1. is available for the person’s use or enjoyment; or
   2. is in the person’s care or custody; or
   3. is at the person’s dwelling house:

Question 100

Must Know - Definition of Protected person

Answer 100

Protected person, in relation to a protection order, means –

1. The person for whose protection the order is made:
2. Any child of that person’s family:

Any person for whose benefit the order applies pursuant to a direction made under section 16 of this Act:

Question 101

Must Know - Definition fo Protection order

Answer 101

Protection order means an order made under section 14 of this Act;

and includes a temporary order made under that section.

Question 102

What will be considered when deciding what a close personal relation ship is?

Answer 102

1. The nature and intensity of the relationship, and in particular –
   
   1. The amount of time the persons spend together:
   2. The place or places where that time is ordinarily spent:
   3. The manner in which that time is ordinarily spent; –

but it is not necessary for there to be a sexual relationship between the persons:

b. The duration of the relationship.

Question 103

Must Know - Section 124B – Qualified constable may issue Police safety order on what grounds?

Answer 103

1. A qualified constable may issue an order against a person (person A) who is, or has been, in a domestic relationship with another person (person B) if the constable—
   
   1. does not arrest person A for an offence against any enactment involving the use of violence against person B; but
   2. has reasonable grounds to believe, having regard to the matters specified in subsection (2), that the issue of an order is necessary to ensure the safety of person B.

Question 104

Can a PSO be issued agaist a child ?

Answer 104

NO

Question 105

Is concent required to issue a PSO

Answer 105

NO

Question 106

Must Know - What does a person at risk mean?

Answer 106

1. the person named in the order for whose safety the order is issued; and
2. any child residing with that person.

Question 107

Must Know- If a parenting order is in place and I issue a PSO what happens in regard to a protected child?

Answer 107

While an order continues in force against any person, the provisions of a parenting order or an agreement affording to that person the day-to-day care of, or contact with, a protected child are suspended

Question 108

Must Know- Under section 124I I can detain a person for 2 hours that I intend to serve a PSO on. Where can I specificly detain them>

Answer 108

In this section, detain includes move the person to a Police station.

Question 109

Must Know- Case Law- What is the case law that relates to Applicant of a protection order withdrawing her consent to remain on a property. He was still there when police arrived and was arrestted for the breach.

Answer 109

The Court confirmed the applicant’s ability to consent to the respondent remaining, thereby suspending the non-contact provisions of section 19(2) of the Act. Also, that she may, unilaterally and arbitrarily at any time she sees fit, revoke her consent, bringing the non-contact provisions back into effect.

To avoid liability, the respondent must leave as soon as reasonably practicable. In determining whether a reasonable amount of time had been given, the Judge considered the fact that the respondent had returned all his possessions to the house, had nowhere to go and that no violence had been used against the applicant.

The Court held that police had not allowed a reasonable amount of time, and dismissed the charge.