Crimes Amendment (Apprehended Violence) Bill 1999

Explanatory note


This explanatory note relates to this Bill as introduced into Parliament.




Overview of Bill



The object of this Bill is to make a series of amendments to the Crimes Act 1900 in relation to apprehended violence orders, the offence of stalking or intimidation, and associated matters. The Bill proposes the following:

(a) to introduce a distinction between apprehended domestic violence orders and apprehended personal violence orders, and to introduce a statement of objects into the provisions relating to apprehended domestic violence orders (see Schedule 1 [8], together with Schedule 1 [4], [9]–[14], [18] and [35]),
(b) to extend the concept of domestic relationship for the purposes of Part 15A of the Crimes Act 1900, and to extend the definitions of Domestic violence offence and Personal violence offence (see Schedule 1 [1], [2], [3] and [6]),
(c) to alter the offence of stalking or intimidation, so that it is committed with the intention of causing physical or mental harm, rather than causing fear for personal injury (see Schedule 1 [7]),
(d) to provide for suppression of the address of a person for whose benefit an apprehended domestic violence order is sought or issued (see Schedule 1 [8], proposed section 562AG),
(e) to provide a limited discretion for an authorised justice to refuse to issue process where an apprehended personal violence order is sought (see Schedule 1 [8], proposed section 562 AK),
(f) to require a court to make an apprehended violence order when a person pleads guilty to or is found guilty of an offence of stalking or intimidation or a domestic violence offence (see Schedule 1 [15]),
(g) to provide that the District Court is covered by the requirement to make an apprehended violence order when a person pleads guilty to or is found guilty of an offence of stalking or intimidation or a domestic violence offence, or an interim apprehended violence order when a person stands charged before the District Court for such an offence (see Schedule 1 [16] and [17]),
(h) to provide that an interim order ceases to have effect if the relevant complaint is withdrawn or dismissed (see Schedule 1 [19]),
(i) to require that an application to vary or revoke an apprehended violence order must set out the grounds for the application and the nature of the variation sought (see Schedule 1 [20]),
(j) to enable courts to grant interim extensions of apprehended violence orders in certain cases where notice is not given to the respondent (see Schedule 1 [21]),
(k) to consolidate provisions relating to the jurisdiction of, and appeals to, the District Court in connection with apprehended violence orders (see Schedule 1 [45], proposed Division 4 of Part 15A, together with Schedule 1 [22], [23], [24] and [36]),
(l) to make modifications to the scheme for telephone interim orders (see Schedule 1 [25]–[28]),
(m) to require a police officer to make a record of a decision not to initiate criminal proceedings where a breach of an apprehended violence order is alleged to have been committed (see Schedule 1 [31]),
(n) to introduce additional means of service of certain documents (see Schedule 1 [32], [33] and [34]),
(o) to provide that costs are not to be awarded against a complainant for an apprehended domestic violence order, unless the complaint was frivolous or vexatious, and that costs are not to be awarded against a complainant for any apprehended violence order who is a police officer, unless the police officer made the complaint knowing that it contained false or misleading material (see Schedule 1 [37]),
(p) to prohibit publication of information that would identify a child in apprehended violence order proceedings, or a party to proceedings for an apprehended domestic violence order (see Schedule 1 [38]),
(q) to extend the right to have a support person present in court during proceedings for or relating to an apprehended violence order, so that it covers the protected person and the defendant, as well as a child (see Schedule 1 [39]),
(r) to provide for the registration of New Zealand protection orders (see Schedule 1 [5], [40]–[44]),
(s) to provide for the review of Part 15A of the Crimes Act 1900, which contains the provisions relating to apprehended violence orders (see Schedule 1 [45], proposed section 562Z),
(t) to make other amendments of minor, consequential, savings or transitional nature (see Schedule 1 [4], [28], [29], [35], [44] and [46]).


Outline of provisions



Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or days to be appointed by proclamation.

Clause 3 is a formal provision giving effect to the amendments to the Crimes Act 1900 set out in Schedule 1.

Schedule 1 contains the amendments to the Crimes Act 1900 as described in the Overview above.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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