Protection and property-related orders
Version : 2.0
Detailed table of contents
This chapter contains these topics:
Executive summary
Overview
• Purpose of this chapter
• Application of chapter to Police safety orders
• Other related information
• Statutory references
About protection orders
• Purpose of protection orders
- Children and young persons
• Who issues protection orders?
- District Court ability to issue protection order
• Standard conditions
- Non-violence conditions
- Non-contact conditions
- Special conditions relating to contact
- Programmes
• Standard conditions apply to associated respondents
• Conditions relating to weapons
- Suspension and revocation of licences
• Protection orders include non-molestation and non-violence orders
• Withdrawal of protection orders
Serving protection orders and seizing firearms
• Service principles
• Procedures for serving protection orders
• When the respondent is a Police employee
• Recording a protection order in NIA
• Multiple protection order alerts in NIA
• Local protocols for service of protection orders
• Protection orders and Arms Act 1983 responsibilities
Orders relating to property
• Police safety order
• Occupation order
• Tenancy order
• Furniture order
• Ancillary furniture order
Orders made without notice
• When can orders be made without notice?
• Temporary orders
- Lack of knowledge does not affect order's validity
- Temporary orders become final after three months
Breaches of protection and other orders
• Breaching a protection order
• Any breach of a protection order is a serious matter
• Investigating breaches
• Interview statements - What should be included?
Offences, penalties and Police powers relating to breaches
• Protection order-related offences
• Penalties for breaching a protection order
• Breaching occupation and tenancy orders
- Breaches of property related orders and protection orders
• Breaching a parenting order
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 1 of 16
Protection and property-related orders,
Continued...
Version : 2.0
Executive summary
Key or critical points to note in this chapter are:
• To ensure safety of victims and Police, service of protection orders must be afforded
priority and carried out without delay.
• 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.
• At the time of service, Police must demand surrender of all firearms and the firearms
licence. Staff safety is of paramount importance when determining appropriate
methods to seize firearms or firearms licences.
• Police service of protection orders are crime prevention and victim focus safety
opportunities — police can also give the respondent a clear message about
accountability if they breach.
• The officer serving a protection order must ensure the victim is contacted and
informed that service has occurred.
• District Court and Police staff must develop and implement robust information
sharing, collaborative risk assessment and safe service delivery practices for
protection orders.
• All breaches of protection orders must 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.
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 2 of 16
Protection and property-related orders,
Continued...
Version : 2.0
Overview
This section contains these topics:
• Purpose of this chapter
• Application of chapter to Police safety orders
• Other related information
• Statutory references
Purpose of this chapter
This chapter:
• provides information about the purpose of protection orders and other orders relating
to property, e.g. occupation, tenancy, and furniture orders
• outlines the standard conditions associated with protection orders including conditions
requiring the surrender of weapons and the suspension and revocation of firearms
licences
• outlines procedures for serving protection orders and seizing firearms
• reminds staff that serving a protection order is a crime prevention and victim focus
safety opportunity.
Application of chapter to Police safety orders
Information in this chapter about conditions, serving protection orders and about seizing
firearms also apply to Police safety orders.
Other related information
See also these related Police Manual chapters:
• Family violence policy and procedures for information about responding to family
violence, including providing support, safety and intervention
• Police safety orders
• Prosecuting family violence
Statutory references
All section references and references to "the Act" in this chapter are to the Domestic
Violence Act 1995 unless otherwise stated.
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 3 of 16
Protection and property-related orders,
Continued...
Version : 2.0
About protection orders
This section contains these topics:
• Purpose of protection orders
- Children and young persons
• Who issues protection orders?
• Standard conditions
• Standard conditions apply to associated respondents
• Conditions relating to weapons
- Suspension and revocation of licences
• Protection orders include non-molestation and non-violence orders
• Withdrawal of protection orders
Purpose of protection orders
The Domestic Violence Act 1995 provides for one protection order to cover a wide range
of situations for an extended group of applicants.
A protection order automatically affords protection to the applicant and any child of the
applicant's family. A child aged 17 years and older ('an adult child') remains protected by
the order until they leave home. 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.
The order may also be stated to specifically provide protection to a particular person with
whom the applicant has a domestic relationship (defined in section 4).
Children and young persons
Parents cannot take out a protection order against a child or young person. Violent
children or young persons should be dealt with under the provisions of the Children and
Young Persons and Their Families Act 1989.
Who issues protection orders?
Protection orders are a civil remedy issued by the Family Court and can only be
discharged by the court.
(s45).
District Court ability to issue protection order
The District Court can also issue protection orders that have the same effect as those
created by the Family Court. For example: if the court is satisfied that a person has
refused or failed to comply with a Police safety order, a temporary protection order can
be issued without an application being made and without either party having to be
present in court. However, the judge must be convinced the victim does not object.
(s124N(5))
To achieve this, the victim must agree and the court be provided with evidence of the
agreement.
After determining that a temporary protection order is to be issued, the District Court
can detain the person for a period not exceeding two hours for the purpose of issuing
and serving the order.
(s124P(2))
The District Court can also issue a final protection order when sentencing an offender
convicted of an offence involving domestic violence if it is satisfied that the order is
necessary for the victim’s protection and the victim does not object to the order.
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 4 of 16
Protection and property-related orders,
Continued...
Version : 2.0
(s123B Sentencing Act 2002)
Standard conditions
Non-violence conditions
It is a condition of every protection order that the respondent must not:
• physically or sexually abuse the protected person
• threaten to physically or sexually abuse the protected person
• damage, or threaten to damage, the protected person’s property
• 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))
Psychological abuse includes:
• 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)
Non-contact conditions
Standard non-contact conditions in every protection order (listed in section 19(2)) also
apply except while the protected person and respondent are, with the express consent of
the protected person, living in the same house. The non-contact conditions are
automatically suspended during this period but may be revived if the protected person
subsequently withdraws their consent to the respondent living in the same house.
Special conditions relating to contact
Special conditions may formalise ongoing contact.
Consent and withdrawal of consent may be given on behalf of the protected person by
the person specified in a special condition of the protection order as the person entitled
to do so. For example, the order may specify who can consent to contact on behalf of a
child protected by the order.
Programmes
The court must direct the respondent to attend a programme, such as counselling,
unless there is good reason not to. Non-compliance with such a direction is an offence.
Standard conditions apply to associated respondents
Where a protection order has been made against an associated respondent, standard
conditions with all necessary modifications, apply equally in relation to that person.
Conditions relating to weapons
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.
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 5 of 16
Protection and property-related orders,
Continued...
Version : 2.0
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))
Note: These requirements also apply on the issuing of a Police safety order.
Suspension and revocation of licences
Where a temporary protection order is issued, any firearms licence held by the
respondent is deemed to be suspended subject to s22 (court may dispense with, modify
or discharge standard conditions). The licence is deemed to be revoked when an order
becomes final.
In the case of Police safety orders, the person against whom the order is issued has their
firearms licence suspended for the duration of the safety order and they are deemed not
to hold a firearms licence for that period.
Police must retain any weapons surrendered to them on the issue of a protection order
or Police safety 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)
Note: While the court may dispense with, modify, discharge, or re-impose standard
conditions relating to weapons (s22) Police must never approve the issue of a firearms
licence while there is a protection order against the applicant.
Protection orders include non-molestation and non-violence orders
Note: Non-molestation and non-violence orders issued under the Domestic Protection
Act 1982 and still in force when the Domestic Violence Act 1995 came into effect
are treated as protection orders issued under the new Act. The only difference is
that they do not contain the conditions relating to weapons. If the Respondent of
a non-molestation or non-violence order has a firearms licence staff must notify
an Inspector or above to consider revocation of the firearms licences under ss27
or 27A of the Arms Act.
Breaches of these orders are prosecuted under appropriate provisions in the Domestic
Violence Act 1995. (If prosecuting, ensure the orders were still valid when the Domestic
Violence Act 1995 came into force).
(s133))
Withdrawal of protection orders
Dynamics of family violence indicate that the aggressor in the relationship may coerce
the protected person to seek a discharge of a protection order. Police should be aware of
this and oppose the application when history of the parties indicates the protection order
should stay in place.
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 6 of 16
Protection and property-related orders,
Continued...
Version : 2.0
Serving protection orders and seizing firearms
This section contains these topics:
• Service principles
• Procedures for serving protection orders
• When the respondent is a Police employee
• Recording a protection order in NIA
• Multiple protection order alerts in NIA
• Local protocols for service of protection orders
• Protection orders and Arms Act 1983 responsibilities
Service principles
In all cases where Police serve protection orders or Police safety orders, the ‘Prevention
First’ mindset must be applied. Police service of a protection order is a problem solving
opportunity to prevent ongoing family violence crime and victimisation within an often
dysfunctional family or a ‘crime family’.
Orders must be served having regard to these four core principles that guide effective
Police responses to family violence
Principle
Responsibilities
Safety
Protect the safety of all parties, especially the protected person/s
and serving officer, by assessing risk. This assessment may mean
initiating Police service of the order or a graduated victim response,
(e.g. creating and actioning a victim intervention plan (VIP) for the
applicant). (See ‘Safety, support and intervention’ in the Family
violence policy and procedures).
Information
Risk information should be collected before and during service. Any
gathering
intelligence gained must be documented and recorded in NIA. This
information will assist future safety and crime prevention planning
as part of the victim focus response and FV risk assessment.
Accountability Respondents should be given clear messages during Police service of
orders that they are accountable should they breach. These
messages should clearly explain the provisions of the order and the
consequences of a breach. This increases the deterrent impact of
protection orders by ensuring that respondents have no excuse to
breach the order.
Partnerships
Court staff, Police records staff, family violence specialists, and other
Police staff must develop and implement robust information sharing,
collaborative risk assessment and safe service delivery practices.
Note: Police safety orders
Due to the compressed time frame of a
Police safety order and the time limitations on
service (48 hours before expiry) they must be served as soon as possible, with both
parties and the Crime Reporting Line (CRL) being advised once this is done. (Refer to
‘Procedures when orders are served’ in the ‘Authorising, issuing and serving safety
orders’ section of the Police safety orders chapter for further information about serving
safety orders.
Procedures for serving protection orders
This table outlines the procedures for Courts and Police for the service of protection
orders and seizure of firearms. These procedures also apply, where appropriate, to the
service of Police and Court issued safety orders.
Step Action
1
The Family Court decides on the application for a protection order.
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 7 of 16
Protection and property-related orders,
Continued...
Version : 2.0
Note: This application includes an affidavit that outlines past and present
domestic violence endured by the protected person/s and children. If the
protection order is granted without notice, it is because the evidence indicated
immediate 'risk of harm' or 'undue hardship' to the protected person and or
children.
2
The Family Court delivers a copy of the order to the nearest Police District
Commander without delay.
Note: This will be either hard copy and/ or an
email with a scanned copy.
3
The District Commander arranges (local procedures will determine who in
each district is responsible for these tasks) for :
• File Management Centre to enter a Code 7P file in NIA (see Recording a
protection order in NIA below)
• a copy of the protection order to be attached
• details of the protection order to be entered
• creation of alerts for all applicants, respondents and all other protected
persons.
• adherence to recording standards outlined in the National recording
standards
• checking whether parties hold firearms licences.
Note: Safety of applicants (and police) must not be compromised by undue
delay.
4
The District Commander arranges to send copies of the order without delay to
the O/C station nearest to where:
• the protected person(s) resides
• the respondent resides.
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
- 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 (see ‘Prevention First - Victim Focus’ in Victims (Police service to
victims)
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.
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.
If…
also consider invoking…
the respondent holds a
the provisions of ss27 or 27A of the Arms Act
firearms licence
1983 (revocation of licences)
there is belief that the
s18 of the Search and Surveillance Act 2012
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 8 of 16
Protection and property-related orders,
Continued...
Version : 2.0
respondent may be in
(Warrantless searches associated with arms)
possession of or have access to
firearms
A report must be sent to the Commissioner
within 3 days if this power is exercised.
8
Police must provide suitable storage for all weapons seized under the
Domestic Violence Act 1995 or Arms Act 1983 for the period of the suspension
of the firearms licence.
Note: Dispose of firearms according to s28 Arms Act 1983 when a final order
is made.
9
The police officer who serves a protection order must:
• without delay, give notice to the O/C station nearest to where the copy of
the order was served
• ensure that the victim is contacted and informed that service has occurred
• document this victim contact in the victims node in NIA
• forward notice of service back to the family court, either hard copy or
electronically
• maintain national recording standards.
Notes:
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.
When the respondent is a Police employee
In any case where the respondent is a Police employee, a copy of any protection order or
a copy of a variation of an order must be sent to the employee's District Commander or
National Manager (or the Deputy Chief Executive : People at PNHQ if the employee is of
a superintendent's level or above) for appropriate action to be taken.
Recording a protection order in NIA
Once written or electronic confirmation of a protection order has been received from the
court, the details of the order must be recorded in NIA as an occurrence and coded 7P
(Protection Order). The respondent, applicant and any children protected by the order
must be recorded in the occurrence. A Domestic Violence Protection Order alert must
also be created. Refer to the National Recording Standard (NRS) for further information
about Domestic Violence Protection Order recording.
Multiple protection order alerts in NIA
NIA will automatically generate a multiple protection order alert on a person’s dossier
view if they are linked to two or more 7P (Protection Order) occurrences as respondents,
applicants and other protected person(s). Family violence offenders who have multiple
protection orders present an elevated risk and should be managed accordingly. The
multiple protection order alerts process provides Districts a prevention and risk
mitigation opportunity.
Local protocols for service of protection orders
District Commanders must ensure there is a local 'service of protection order' protocol
between Police and the Family Court that outlines:
• an agreed process to ensure police serve protection orders, or accompany bailiffs or
their agent to serve protection orders, if the respondent:
- holds a firearms licence, or is believed to be in possession of a firearm (whether or
not they have a licence), or
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 9 of 16
Protection and property-related orders,
Continued...
Version : 2.0
- is assessed as being a significant risk to the server
• a shared risk assessment process to ensure police serve protection orders in other
appropriate cases, for example where service is necessary as part of a planned crime
prevention intervention or a victim focused safety response
• the process that court staff, bailiffs or their agents agree to use to inform the O/C of
the nearest station to the protected person, that service of a protection order has
occurred
• the agreed process by which notice of service is delivered to the O/C station in a
timely manner in an appropriate form.
Protection orders and Arms Act 1983 responsibilities
As well as the Domestic Violence Act 1995 provisions, an Inspector has the power to
independently consider whether or not any person is deemed to be 'fit and proper' to
hold a firearms licence. (Refer to the Arms chapter in the Police Manual for further
information.
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 10 of 16
Protection and property-related orders,
Continued...
Version : 2.0
Orders relating to property
This section contains these topics:
• Police safety order
• Occupation order
• Tenancy order
• Furniture order
• Ancillary furniture order
Police safety order
See the Police safety orders Police Manual chapter for information about the purpose and
effects of such orders.
Occupation order
An occupation order is a court order entitling the applicant, to the exclusion of the
person against whom the order is made, to personally occupy the house to which the
order relates, together with any land, buildings and the like that would normally be used
for the purposes of a household.
Tenancy order
A tenancy order is a court order allowing the applicant to become the tenant of the
house according to terms and conditions of the tenancy. The other party ceases to be a
tenant.
Furniture order
The court may, independently of any occupation order or tenancy order, issue a furniture
order, entitling the applicant to possession of the furniture, household appliances and
household effects, so long as the furniture order is in force.
Ancillary furniture order
The court may, on or after making an occupation or tenancy order, grant the applicant
the right to use all or any of the furniture, household appliances and household effects in
the house specified in the order.
An ‘ancillary furniture order’ is therefore made in conjunction with a tenancy or
occupation order. A ‘furniture order’ may be granted where no tenancy or occupation
orders are made.
See sections 52-75 of the Domestic Violence Act 1995.
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 11 of 16
Protection and property-related orders,
Continued...
Version : 2.0
Orders made without notice
This section contains these topics:
• When can orders be made without notice?
• Temporary orders
- Lack of knowledge does not affect order's validity
- Temporary orders become final after three months
When can orders be made without notice?
Protection orders may be made without notice to the other party if the court is satisfied
that the delay caused by proceeding by way of notice would or might entail undue
hardship or a risk of harm to the applicant, or a child of the applicant’s family, or both.
(s13)
Occupation and tenancy orders may also be made without notice if the court is satisfied
that:
• the respondent has physically or sexually abused the applicant or child of the
applicant’s family, and
• the delay caused by proceeding by way of notice would or might expose the applicant
or the child to physical or sexual abuse.
(s60)
Temporary orders
If the court agrees the situation fulfils the criteria, it will make temporary orders in the
first instance. The orders and applications are then served on the respondent who will
have an opportunity to apply to discharge them or oppose final orders being made.
While orders made under the Domestic Violence Act 1995 are usually served promptly,
there will be some time delay between an order being made without notice and a
respondent being served with that order. Therefore, if an order has been issued without
notice, the respondent may not be, or claim not to be, aware of its existence
immediately.
Lack of knowledge does not affect order's validity
Whether the respondent knows of the order’s existence or not does not affect its validity.
Once signed by a judge, it is in force. However, the respondent must know of its
existence if criminal charges are to be filed for breaching that order. They do not
necessarily have to be formally served with the order to know of its existence.
Temporary orders become final after three months
The respondent can seek a hearing but, if they do nothing, the temporary order becomes
final after three months. Non-service of the final protection order is not fatal to a
prosecution for breaching that order (
Police v Graham [2000] DCR 569).
In all cases involving applications for temporary orders, you must ensure the applicant is
linked to appropriate support agencies.
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 12 of 16
Protection and property-related orders,
Continued...
Version : 2.0
Breaches of protection and other orders
This section contains these topics:
• Breaching a protection order
• Any breach of a protection order is a serious matter
• Investigating breaches
• Interview statements - What should be included?
Breaching a protection order
The following may constitute a breach of a protection order:
• physical abuse
• sexual abuse
• psychological abuse
• threats of the above
• watching, loitering, following, accosting
• unwanted contact, phone, letters or otherwise
• text messages
• entering or remaining on premises occupied by the applicant
• non attendance of a stopping violence programme
• property damage.
Any breach of a protection order is a serious matter
Given the seriousness of breaching a court order, if there is sufficient evidence, it is
expected that in most cases there will be an arrest and prosecution of an offender for the
breach. To do less may place an applicant at risk of harm. E.g. a seemingly innocent text
message such as “I saw you in the supermarket today” could in fact be part of the
coercive control dynamics that are often present in family violence situations. If there is
also sufficient evidence of a breach along with evidence of other offending from the same
incident, it is expected that the offender will be charged with all offences including the
breach.
Any breach of a protection order is part of a history of previous domestic
violence suffered by a victim. A protection order is a court order designed to keep protected persons (including
children) safe from harm. The protected persons are already victims of past domestic
violence and are at risk of future harm.
A protection order only works as a safety mechanism if Police respond positively to any
complaint of any breach.
Investigating breaches
A breach investigation is an opportunity to:
• hold an offender accountable through investigation, arrest and prosecution
• institute a crime prevention response to deter further offending by:
- serving a Police safety order (if not sufficient to arrest)
- other additional measures
• assess, plan for and implement a victim focus response to keep victim/s safe by
decreasing vulnerability through:
- risk assessment
- implementation or upgrading of a victim safety plan.
Therefore any report of a breach of a protection order must be:
• investigated to a high standard to ensure available evidence is collected allowing
prosecution (see: Prosecuting family violence)
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 13 of 16
Protection and property-related orders,
Continued...
Version : 2.0
• assessed to ensure the safety of the victim/s (protected persons)
• focused on keeping the protected person/s safe with a graduated victim response
• documented as to both the investigation and safety responses.
Interview statements - What should be included?
When interviewing the…
the statement should include:
victim
• date order filed
• type of breach alleged
• details of the breach
• confirmation of the offender’s knowledge of the
existence of the protection order
• concerns for safety.
Also consider obtaining Comms Centre recordings to
locate the victim or witnesses initial report.
offender
• offender’s knowledge of the existence of order
• knowledge of service
• alibis
• sound basis that breach has occurred and the
offender is responsible for that breach.
Also:
• check offender’s cell phone if used in the commission
of the offence (photocopy any text messages/
outgoing calls and numbers)
• consider obtaining phone and calling data where
phone breaches are alleged via a production order.
(Think about this option early). Note:
Approval must
be sought before approaching any phone company
with a request for information — see lists of District
Sworn Police staff and Communications Centre staff
authorised to approve a request.
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 14 of 16
Protection and property-related orders,
Continued...
Version : 2.0
Offences, penalties and Police powers relating to
breaches
This section contains these topics:
• Protection order-related offences
• Penalties for breaching a protection order
• Breaching occupation and tenancy orders
- Breaches of property related orders and protection orders
• Breaching a parenting order
Protection order-related offences
This table details offences relating to protection orders and Police powers in respect of
those.
Offence
You must prove the
Powers
suspect's identity and
that they…
Breaching a protection
without reasonable excuse: You can arrest without
order
a) did any act in
warrant any person whom
s49(1)
contravention of a
you have good cause to
protection order, or
suspect has breached a
(Note: s49 also applies to
b) failed to comply with
protection order.
final non-molestation and
any condition of a
(s50)
non-violence orders made
protection order.
under the Domestic
Protection Act 1982 in
force at 1 July 1996).
Offence to fail to comply
A respondent who fails
It is expected that a
with direction to attend
without reasonable excuse, summons would first be
assessment and non-
to comply with a direction
sought and served. If it
violence programme
made under section 51D
cannot be served, or the
(s51T)
commits an offence
person fails to attend, a
warrant can be sought
under section 34 of the
Criminal Procedure Act
2011.
Penalties for breaching a protection order
Every person who commits an offence against section 49(1) of either contravening or
failing to comply with a protection order, is liable if convicted on indictment, to
imprisonment for a term not exceeding 3 years.
Penalties for failing to comply with direction
A respondent who fails, without reasonable excuse, to comply with a direction made by
the court under section 51D commits an offence and is liable to; six months
imprisonment or a fine not exceeding $5,000.
(s51T)
Breaching occupation and tenancy orders
This table outlines offences relating to occupation and tenancy orders and Police powers
in respect of those.
Breaching…
The right to personally occupy … Powers
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 15 of 16
Protection and property-related orders,
Continued...
Version : 2.0
an occupation the household residence is held to
You can:
order
the exclusion of the other party.
• Arrest (s315(2)(a) or (b)
Crimes Act 1961)
A person who violates the order
• when lawfully assisting
commits an offence against s3
anyone in peaceable
Trespass Act 1980 or, if a warning is
possession of a property,
given, against s4.
use reasonable force to:
a tenancy
the rented property is held to the
- prevent any person from
order
exclusion of the other party.
trespassing on the
property, or
A person who violates the order
- remove any person from
commits an offence against s3
it
Trespass Act 1980 or, if a warning is as long as you do not strike or
given, against s4.
do bodily harm to the person.
s 56(1) Crimes Act 1961
Breaches of property related orders and protection orders
It is possible that any offender who has breached an occupation or tenancy order has
also breached a protection order. These offenders may be charged with both offences. It
is important that offenders are convicted of breaches of protection orders so they are
included in their criminal history lists. Where evidential sufficiency and public interest
tests are met, prosecution action should be taken.
If a person breaches a Police safety order this is not an offence, but does allow Police to
exercise powers such as taking the person into custody using reasonable force, or
seeking a warrant to arrest which will provide for a power of entry in certain
circumstances (see 'Actions for breach of safety order’ in the Police safety order
chapter).
Breaching a parenting order
Breaching a parenting order is an offence under s78 Care of Children Act 2004 with
penalties of up to 3 months imprisonment or a fine of up to $2500. Resisting or
obstructing a parenting order is an offence under s79 Care of Children Act 2004, also
with penalties of up to 3 months imprisonment or a fine of up to $2500.
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 16 of 16
