Victims' Orders Against Violent Offenders Act 2014
Public Act
2014 No 45
Date of assent
30 June 2014
Commencement
see section 2
Contents
1 Title
2 Commencement
Part 1
Preliminary provisions
3 Purpose
4 Interpretation
5 Meaning of violent offender or offender
6 Act binds the Crown
Part 2
Non-contact orders
Applications
7 Application for non-contact order
8 Disclosure of offender's address
Making non-contact orders
9 Power to make non-contact order
Effect of non-contact orders
10 Effect of temporary non-contact order
11 Effect of final non-contact order
Direction that final non-contact order apply to other persons
12 Application for direction that final non-contact order apply against other persons
Commencement of non-contact orders
13 Commencement of non-contact order
Duration, variation, and discharge of non-contact orders
14 Duration of final non-contact order
15 Variation of temporary non-contact order
16 Variation of final non-contact order
17 Discharge of non-contact order on application
18 Discharge of non-contact order by operation of law
Procedure after temporary non-contact order made
19 Offender may require hearing
20 Procedure where offender does not require hearing
21 Court may require hearing before order becomes final
22 Procedure where hearing required
Enforcement of non-contact orders
23 Copies of orders to be sent to Police
24 Offence to breach non-contact order
Miscellaneous matters
25 Admission of evidence
26 Vexatious proceedings
27 Explanation of orders
Rules
28 Rules of court
Sharing of information relating to criminal proceedings
29 Amendment to Criminal Procedure Act 2011
Sharing of information about non-contact orders
30 Amendment to Privacy Act 1993
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Victims' Orders Against Violent Offenders Act 2014.
2 Commencement
This Act comes into force on the day that is 6 months after the date on which it receives the Royal assent.
Part 1
Preliminary provisions
3 Purpose
This Act—
(a) acknowledges the ongoing effects of serious violent offending for victims; and
(b) with a view to lessening those effects, empowers the court, on the application of a victim, to make a non-contact order prohibiting the offender from having any form of contact with the victim.
4 Interpretation
In this Act, unless the context otherwise requires,—
associate means a person against whom a final non-contact order applies pursuant to a direction made under section 12
child means a boy or girl under the age of 14 years
court means a District Court, and includes a District Court Judge
encourage includes to incite, counsel, or procure
final non-contact order means a non-contact order referred to in section 9(4)
immediate family, in relation to a victim,—
(a) means a member of the victim's family, whānau, or other culturally recognised family group, who is in a close relationship with the victim at the time of the violent offence; and
(b) to avoid doubt, includes a person who is—
(i) the victim's spouse, civil union partner, or de facto partner; or
(ii) the victim's child or stepchild; or
(iii) the victim's brother or sister or stepbrother or stepsister; or
(iv) a parent or step-parent of the victim; or
(v) a grandparent of the victim
incapable, in relation to a person,—
(a) means that the person—
(i) lacks, wholly or partly, the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to his or her personal care and welfare; or
(ii) has the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to his or her personal care and welfare, but wholly lacks the capacity to communicate decisions in respect of matters of that kind; and
(b) includes the person being in a state of continuing unconsciousness
non-contact order means—
(a) a temporary non-contact order:
(b) a final non-contact order
temporary non-contact order means a non-contact order referred to in section 9(3)
victim—
(a) means—
(i) a person against whom a violent offence is committed by another person; and
(ii) a person who, through or by means of a violent offence committed by another person, suffers physical injury, or loss of, or damage to, property; and
(iii) a parent or legal guardian of a child, or of a young person, who falls within subparagraph (i) or (ii), unless that parent or guardian is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the violent offence concerned; and
(iv) a member of the immediate family of a person who, as a result of a violent offence committed by another person, dies or is incapable, unless that member is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the violent offence concerned; but
(b) despite paragraph (a), if a violent offence is committed by a person, does not include any other person who (whether as a principal or party or accessory after the fact or otherwise)—
(i) is charged with the commission of, or convicted or found guilty of, that offence; or
(ii) is charged with the commission of, or convicted or found guilty of, an offence relating to the same incident or series of incidents as that offence
violent offence has the meaning given to serious violent offence by section 86A of the Sentencing Act 2002
violent offender or offender has the meaning given to it by section 5
young person means a boy or girl of or over the age of 14 years but under 17 years, but does not include a person who is or has been married or is in a civil union.
5 Meaning of violent offender or offender
(1) In this Act, violent offender or offender, in relation to a victim, means a person who at any time—
(a) has been convicted of a violent offence that affected the victim; and
(b) has been sentenced to a term of imprisonment of more than 2 years in respect of that offence.
(2) For the purposes of subsection (1)(b), it does not matter if,—
(a) at the time the sentence of imprisonment was imposed, the person was already subject to a term of imprisonment for 1 or more other offences; or
(b) the sentence of imprisonment was imposed concurrently with another sentence of imprisonment for 1 or more other offences.
6 Act binds the Crown
This Act binds the Crown.
Part 2
Non-contact orders
Applications
7 Application for non-contact order
(1) A victim of a violent offence may make an application to the court for a non-contact order against a violent offender at any time after the offender has been sentenced in respect of the offence.
(2) However, a victim may not make an application under subsection (1) if—
(a) there is in force a protection order against the offender made under the Domestic Violence Act 1995 and the victim is a protected person under that order; or
(b) there is in force a restraining order against the offender made under the Harassment Act 1997 for the protection of the victim.
(3) An application under subsection (1) may be made—
(a) without notice, if the court is satisfied that the delay that would be caused by proceeding on notice would or might entail undue hardship for the victim; or
(b) on notice.
(4) For the purposes of subsection (2), protected person has the meaning given to it by section 2 of the Domestic Violence Act 1995.
8 Disclosure of offender's address
(1) This section applies if—
(a) an application for a non-contact order is made on notice by a victim; and
(b) the victim does not know the full name and address of the offender; and
(c) the Registrar of the court in which the application is made has good reason to believe that the full name and address of the offender is known to—
(i) the Commissioner of Police:
(ii) the chief executive of the Department of Corrections.
(2) If this section applies, the Registrar may request either or both of the persons specified in subsection (1)(c)(i) and (ii) to supply to the Registrar the full name and address of the offender.
(3) As soon as practicable after receiving a request under subsection (2), a person must—
(a) respond to that request; and
(b) supply to the Registrar the information requested if that information is known.
(4) If information is supplied to the Registrar under subsection (3), court staff—
(a) must treat that information as confidential; and
(b) must not disclose the information other than to—
(i) effect service of the application on the offender; and
(ii) enable the court to consider the victim's application; and
(iii) effect service of any order made under section 9 on the offender.
Making non-contact orders
9 Power to make non-contact order
(1) The court may make a non-contact order if it is satisfied that—
(a) there are ongoing effects of the offending for the victim; and
(b) the possibility of contact between the victim and the violent offender will be detrimental to the victim's ability to manage those effects; and
(c) the making of the order is reasonably necessary to avoid contact between the victim and the violent offender; and
(d) taking into account all of the circumstances, the making of the order is justified.
(2) The court may make a non-contact order under subsection (1) in respect of a violent offender, even if there has previously been a non-contact order in force against the offender, on the application of the same, or any other, victim.
(3) A non-contact order made on an application without notice is a temporary order.
(4) A non-contact order made on an application on notice is a final order.
Effect of non-contact orders
10 Effect of temporary non-contact order
(1) A temporary non-contact order prohibits the offender against whom it is made from—
(a) doing, or threatening to do, any of the following:
(i) watching, loitering near, or preventing or hindering access to or from the victim's place of residence, business, employment, educational institution, or any other place that the offender knows the victim visits often:
(ii) following, stopping, or accosting the victim:
(iii) making contact with the victim (whether by telephone, electronic message, correspondence, or in any other way):
(iv) giving offensive material to the victim, or leaving offensive material where it will be found by, given to, or brought to the attention of the victim; and
(b) encouraging any other person to do any of the acts specified in paragraph (a) to the victim, where those acts, if done by the offender, would be prohibited by the order.
(2) When making a temporary non-contact order, the court may, in relation to any of the prohibitions in subsection (1), impose any conditions or make any directions that it considers reasonably necessary in the circumstances.
11 Effect of final non-contact order
(1) A final non-contact order prohibits the offender against whom it is made from—
(a) doing, or threatening to do, any of the following:
(i) watching, loitering near, or preventing or hindering access to or from the victim's place of residence, business, employment, educational institution, or any other place that the offender knows the victim visits often:
(ii) following, stopping, or accosting the victim:
(iii) making contact with the victim (whether by telephone, electronic message, correspondence, or in any other way):
(iv) giving offensive material to the victim, or leaving offensive material where it will be found by, given to, or brought to the attention of the victim; and
(b) encouraging any other person to do any of the acts specified in paragraph (a) to the victim, where those acts, if done by the offender, would be prohibited by the order; and
(c) entering any area that may be specified by the court; and
(d) residing within any area that may be specified by the court; and
(e) engaging in employment in any area that may be specified by the court.
(2) When making a non-contact order, the court may, in relation to any of the prohibitions in subsection (1), impose any conditions or make any directions that it considers reasonably necessary in the circumstances.
Direction that final non-contact order apply to other persons
12 Application for direction that final non-contact order apply against other persons
(1) A victim may apply to the court for a direction that a final non-contact order against the offender also apply against any other person named in the application on the grounds that—
(a) the person—
(i) has been encouraged by the offender to engage in behaviour of the kind described in section 11(1)(a); and
(ii) has engaged in any of those kinds of behaviour; and
(b) the person's behaviour has been, and continues to be, detrimental to the victim's ability to manage the effects of the offending.
(2) An application may be made under subsection (1)—
(a) at the same time as making the application on notice for a final non-contact order; or
(b) at any subsequent time while the final non-contact order continues in force.
(3) On hearing an application made under subsection (1), the court may direct that the final non-contact order apply against any other person named in the application if the court is satisfied that—
(a) the grounds in that subsection have been established; and
(b) the person engaged in the behaviour without a lawful purpose.
(4) Where, pursuant to subsection (3), a final non-contact order applies against any person, that person is prohibited from engaging in behaviour of the kind described in section 11(1)(a).
Commencement of non-contact orders
13 Commencement of non-contact order
(1) In relation to an offender against whom a non-contact order is made, the order commences on the day on which it is served on the offender.
(2) In relation to an associate against whom a final non-contact order is directed to apply, the order commences on the day on which it is served on the associate.
Duration, variation, and discharge of non-contact orders
14 Duration of final non-contact order
(1) A final non-contact order may be made for such period (whether longer or shorter than 2 years) as the court may specify.
(2) A final non-contact order continues in force until—
(a) it is discharged under section 17 or 18; or
(b) the expiry of the period specified by the court; or
(c) if no period is specified by the court, the expiry of 2 years from the date on which the order commences.
15 Variation of temporary non-contact order
(1) The victim or the offender may at any time make an application to have varied any conditions or directions imposed under section 10(2) in respect of a temporary non-contact order.
(2) On the hearing of an application made under subsection (1), the court may, if it thinks fit, vary any condition or direction imposed under section 10(2) in respect of a temporary non-contact order.
16 Variation of final non-contact order
(1) The victim or the offender may at any time make an application to have a final non-contact order varied.
(2) On the hearing of an application made under subsection (1), the court may, if it thinks fit,—
(a) vary or discharge a prohibition specified in 1 or more of the following:
(i) section 11(1)(c):
(ii) section 11(1)(d):
(iii) section 11(1)(e):
(b) vary or discharge a condition or direction imposed under section 11(2):
(c) reduce or extend the duration of the order, whether by specifying a period under section 14(1) or by reducing or extending any such specified period.
(3) The court must not extend the duration of a final non-contact order under this section unless the court is satisfied that the extension is, in all of the circumstances, justified.
17 Discharge of non-contact order on application
(1) The victim or the offender may at any time make an application to have a non-contact order discharged.
(2) An associate may at any time make an application to have a non-contact order discharged in so far as it relates to the associate.
(3) On hearing an application made under subsection (1), the court may, if it thinks fit, discharge the non-contact order, in which case the non-contact order also ceases to apply in respect of every associate.
(4) On hearing an application made under subsection (2), the court may, if it thinks fit, discharge the non-contact order in so far as it relates to the associate.
18 Discharge of non-contact order by operation of law
(1) A non-contact order made against an offender is discharged by operation of law if—
(a) the offender's conviction for the violent offence that affected the victim is quashed or otherwise set aside; or
(b) the offender's sentence for the violent offence that affected the victim is—
(i) quashed or otherwise set aside; or
(ii) substituted with a non-custodial sentence; or
(iii) substituted with a sentence of imprisonment for a term of 2 years or less.
(2) A non-contact order that is discharged by operation of law ceases to have effect against every associate.
Procedure after temporary non-contact order made
19 Offender may require hearing
(1) Where the court makes a temporary non-contact order, the offender is entitled to notify the court that he or she wishes to be heard on whether a final non-contact order should be substituted for the temporary non-contact order.
(2) The temporary non-contact order must contain a notice to the offender that clearly states—
(a) the offender's right under subsection (1); and
(b) that, subject to section 21, if the offender does not take any steps in the proceedings, the temporary non-contact order becomes a final non-contact order by operation of law 3 months after the date on which it was made.
(3) If, under subsection (1), the offender notifies the court that he or she wishes to be heard, the Registrar of the court must assign a hearing date, which must be—
(a) as soon as practicable; and
(b) unless there are special circumstances, not later than 42 days after receipt of the offender's notice.
20 Procedure where offender does not require hearing
(1) If the offender does not notify the court under section 19 that he or she wishes to be heard then, unless the temporary non-contact order is earlier discharged, the order becomes a final non-contact order by operation of law 3 months after the date on which it is made.
(2) However, a temporary non-contact order does not become a final non-contact order under subsection (1) unless the offender has been served with a copy of the order at least 10 days before the 3-month period specified in subsection (1) elapses.
(3) If, pursuant to subsection (2), a temporary non-contact order does not become a final non-contact order, the court may from time to time extend the period within which the temporary non-contact order may be served and the temporary non-contact order continues in force until the expiry of any such extensions.
(4) Any extension or extensions under subsection (3) may not extend the period within which a temporary non-contact order may be served by more than 3 months in total.
(5) If the period for service of a temporary non-contact order has been extended under subsection (3) and at the expiry of that period the temporary non-contact order has not been served, the order lapses.
21 Court may require hearing before order becomes final
(1) If, on or after making a temporary non-contact order, the court considers that there is good reason why the order should not become final in accordance with section 20(1) without a hearing at which the victim or the offender, or both, are present or represented, the court, of its own motion, may direct that there be a hearing.
(2) A direction made under subsection (1) may be made even though the offender does not wish to be heard.
(3) If, pursuant to subsection (1), the court directs that there be a hearing, the Registrar must assign a hearing date as soon as practicable.
(4) If the court makes a direction under subsection (1), it may issue a summons requiring the offender to attend the court at a place and time specified in the summons.
22 Procedure where hearing required
If, pursuant to section 19, the offender notifies the court that he or she wishes to be heard, or in any other case where a hearing is required or held, the court may at the hearing—
(a) discharge the temporary non-contact order; or
(b) make the temporary non-contact order a final non-contact order (with or without variation).
Enforcement of non-contact orders
23 Copies of orders to be sent to Police
(1) This section applies to the following orders:
(a) a non-contact order; and
(b) an order varying a non-contact order; and
(c) an order discharging a non-contact order.
(2) On the making of an order to which this section applies, the Registrar of the court in which the order is made must ensure that a copy of the order is made available, without delay, to the constable in charge of the Police station nearest to where the victim resides.
(3) For the purposes of this section, a copy of an order may be made available in any of the following ways:
(a) by sending the copy by means of electronic transmission (whether by fax, electronic message, or other similar means of communication):
(b) by entering the copy on a database maintained in electronic form, where that database may be accessed by the constable to whom the copy is required to be made available:
(c) by sending the order by ordinary post:
(d) by making the copy available in such other manner as is appropriate in the circumstances.
24 Offence to breach non-contact order
(1) An offender against whom a non-contact order is made commits an offence if the offender, without reasonable excuse, does anything prohibited by the order.
(2) An associate against whom a final non-contact order is directed to apply commits an offence if the associate, without reasonable excuse, does anything prohibited by the order.
(3) An offender or associate who is convicted of an offence against this section is liable to—
(a) imprisonment for a term not exceeding 2 years; or
(b) a fine not exceeding $5,000.
Miscellaneous matters
25 Admission of evidence
In any proceedings under this Act (other than criminal proceedings), and whether by way of hearing in the first instance or by way of appeal, the court may receive any evidence, whether or not admissible under the Evidence Act 2006, if the court is satisfied that the admission of the evidence is in the interests of justice.
26 Vexatious proceedings
(1) A court may dismiss any proceedings before it under section 16 or 17 if it is satisfied that they are—
(a) frivolous; or
(b) vexatious; or
(c) an abuse of the procedure of the court.
(2) If a court is satisfied that a person has persistently instituted vexatious proceedings under section 16 or 17, the court may, after giving the person an opportunity to be heard, make an order prohibiting the person from commencing any proceedings under those sections without the leave of the court.
27 Explanation of orders
(1) Where, in any proceedings under this Act (other than criminal proceedings), the offender or associate, as the case may be, is before the court, then on making a non-contact order (other than an order discharging a non-contact order), the Judge must explain to that person—
(a) the effect of the order; and
(b) the consequences that may follow if the person fails to comply with the terms of the order; and
(c) the means by which the order can be varied or discharged.
(2) A Registrar may give the explanation required by subsection (1).
(3) Failure to give the explanation required by subsection (1) does not affect the validity of the order made.
(4) Where the court makes an order under this Act, the copy of the order that is given to or served on the offender (and, where applicable, the associate) must include a notice stating—
(a) the consequences that may follow if the person fails to comply with the terms of the order; and
(b) the means by which the order can be varied or discharged.
(5) Failure to include in a copy of an order made under this Act the notice required by subsection (4) does not affect the validity of the order made.
Rules
28 Rules of court
(1) In addition to all the other powers conferred by the District Courts Act 1947, the Governor-General may from time to time, by Order in Council, make rules—
(a) regulating the practice and procedure of District Courts in proceedings under this Act:
(b) providing for such matters as are contemplated by this Act or necessary for giving full effect to its provisions and for its due administration.
(2) Without limiting subsection (1), rules made under that subsection may—
(a) prescribe such forms as are necessary for the purposes of this Act, or authorise any specified person or persons to prescribe or approve forms, and require the use of such forms:
(b) apply, with or without modification, provisions of the District Courts Rules 2014.
(3) In the absence of any rules under this section or in any situation not covered by such rules, the District Courts Rules 2014 apply, with all necessary modifications, to proceedings under this Act.
Sharing of information relating to criminal proceedings
29 Amendment to Criminal Procedure Act 2011
(1) This section amends the Criminal Procedure Act 2011.
(2) In section 387(1)(h), replace “or the Harassment Act 1997” with “, the Harassment Act 1997, or the Victims' Orders Against Violent Offenders Act 2014”.
Sharing of information about non-contact orders
30 Amendment to Privacy Act 1993
(1) This section amends the Privacy Act 1993.
(2) In Schedule 5, under the heading “Police records”, insert after the item relating to restraining orders:
Non-contact orders
Details of non-contact orders made under the Victims' Orders Against Violent Offenders Act 2014
Department of Corrections (access is limited to obtaining information about any offender who is subject to a non-contact order while also subject to—
(a) a full-time custodial sentence (including while released on parole or subject to an extended supervision order made under section 107I of the Parole Act 2002 or to conditions imposed under section 93 of the Sentencing Act 2002); or
(b) a sentence of intensive supervision, community detention, community work, or supervision; or
(c) a non-association order; or
(d) a sentence of home detention (including while subject to post-detention conditions).
Access is for the purpose of managing the offender's sentence and any post-sentence conditions in a manner consistent with any non-contact order.)
Legislative history
27 May 2013
Introduction (Bill 126–1)
27 August 2013
First reading and referral to Law and Order Committee
27 February 2014
Reported from Law and Order Committee (Bill 126–2)
18 March 2014
Second reading
18 June 2014
Committee of whole House
24 June 2014
Third reading
30 June 2014
Royal assent
This Act is administered by the Ministry of Justice.
