NZ Legal News - Police Safety Orders came into force on July 1

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10 Jul 2010 - The Domestic Violence Amendment Act 2009 amends the Domestic Violence Act 1995 to create "Police Safety Orders" and came into force with effect from July 1 (Brookers Ltd).



The amendments to the Domestic Violence Act enable the Police to issue what are effectively temporary Domestic Protection Orders for a period not exceeding five days (S124K). The effect of the amendments is that a Police Constable "who is of, or over, the level of a Sergeant" (" a Qualified Constable") is authorised to make a Police Safety Order (S124A). Other Constables may make such an order if authorised to do so by a Qualified Constable.

A safety order has effect for the period specified in the order and is not to exceed five days (S124H of the Act). A Police Safety Order can be made without the consent of a person for whose safety the order is to be made.

The order can be made by a qualified Constable instead of arresting a person if the Qualified Constable has reasonable grounds for believing that it is likely that such person has or is likely to use domestic violence against any other person with whom the first person is in a domestic relationship (S124B).

A Police Safety Order imposes conditions similar to a Protection Order under the same act and requires the person against whom the order is to be made to vacate any land or building of a person risk and to surrender any weapons.

"At risk" means a person for whom a safety order has been made and includes their children (S124E). A safety order suspends parenting orders and contact agreements (S124G). The person upon whom a Police Safety Order must be served may be detained for up to 2 hours for the purpose of service. The order must be explained to the person being served by the Constable making the order (S124I to J).

If a person fails to comply with a Police Safety Order they may be taken into custody. The person failing to comply with a safety order should be brought before a District Court as soon as possible and if not brought before the court within 24 hours, that person must be released and summoned to appear at court.

The court may, if satisfied that a person has failed to comply with a Police Safety Order either extend the order for a further period not exceeding five days or make a Temporary Protection Order under Section 14 of the Act (S124N).

* John Hickey, ADLS Inc Family Law Subcommittee (Acknowledgments: Brookers Statutes of New Zealand and Brookersonline.)

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