1.6 Family Harm - Domestic Violence Act 1995

Question 1

Definition of ‘Child’?

Answer 1

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 2

Definition of ‘child of the applicant’s family’?

Answer 2

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 3

Definition of ‘domestic relationship’?

Answer 3

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

a. Is a spouse of partner of the other person.
b. Is a family member of the other person.
c. Ordinarily shares a household with the other person.
d. Has a close personal friendship with the other person.

Question 4

Definition of ‘domestic violence’?

Answer 4

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 5

Definition of ‘Dwellinghouse’?

Answer 5

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 6

Definition of ‘Family member’?

Answer 6

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

Question 7

Definition of ‘partner’?

Answer 7

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

(a) the person’s civil union partner; or
(b) the person’s de facto partner; or
(c) any other person, in any case where those persons are the biological parents of the same person.

Question 8

Definition of ‘property’?

Answer 8

property, in relation to a person, means property that:

(a) The person owns; or

(b) The person does not own but –
(i) uses or enjoys; or
(ii) is available for the person’s use or enjoyment; or
(iii) is in the person’s care or custody; or
(iv) is at the person’s dwelling house.

Question 9

Definition of ‘protected person’?

Answer 9

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

(a) The person for whose protection the order is made,
(b) Any child of that person’s family,
(c) Any person for whose benefit the order applies pursuant to a direction made under section 16 of this Act.

Question 10

Definition of ‘Protection Order’?

Answer 10

Protection order means an order made under section 14 of this Act; and includes a temporary order made under that section.

Question 11

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

Answer 11

(a) The nature and intensity of the relationship, and in particular:
(i) The amount of time the persons spend together:
(ii) The place or places where that time is ordinarily spent:
(iii) 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 12

Section 124B - Qualified Constable may issue Police safety order on what grounds?

Answer 12

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—

(a) does not arrest person A for an offence against any enactment involving the use of violence against person B; but
(b) 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 13

Can a PSO be issued against a child?

Answer 13

No

Question 14

Is consent required to issue a PSO?

Answer 14

No

Question 15

What does a ‘person at risk’ mean?

Answer 15

(a) the person named in the order for whose safety the order is issued; and
(b) any child residing with that person.

Question 16

What happens to a parenting order while under a PSO?

Answer 16

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 17

Under section 124I I can detain a person for 2 hours that I intend to serve a PSO on. Where can I detain them?

Answer 17

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

Question 18

In Police v Elliot the applicant withdrew her consent for the respondant to remain on the property and Police arrested him for the breach. What case law was set?

Answer 18

Police must allow a reasonable amount of time for the Respondent to leave. This includes gathering some possessions and organising somewhere else to go.

Question 19

In Police v Senior the applicant read abuse about her on her niece’s facebook page from the Respondant. What case law was set?

Answer 19

They may breach the order if the abuse may be circulated more widely and reported to
the protected person. That person does not have to be a Face-book friend for a breach to occur.
There doesn’t need to be direct evidence the abuser intended the protected person to see or hear the abuse.