Sentencing Act 2002

Sentences, orders, and related matters - Discharge and miscellaneous orders - Protection orders

123C: Provisions applying to protection order made under section 123B

You could also call this:

"Rules that apply to special protection orders to keep you safe"

Illustration for Sentencing Act 2002

If you have a protection order made under section 123B, it is subject to some provisions of the Family Violence Act 2018. These provisions apply to your order as if it were a final protection order made under the Family Violence Act 2018. You can find these provisions in sections like section 86(1), sections 90 to 96, and Part 7 of that Act.

When these provisions apply to your order, some words are replaced with others. For example, "protection order" or "final order" means an order made under section 123B, "respondent" means the offender, and "applicant" or "protected person" means the victim of the offence.

The court cannot impose certain conditions on your order, such as those related to matters set out in section 103(2) of the Family Violence Act 2018.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3051173.


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123B: Protection order, or

"A court order to keep you away from someone you hurt to keep them safe"


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"Sharing documents with people who help offenders and keep others safe"

Part 2Sentences, orders, and related matters
Discharge and miscellaneous orders: Protection orders

123CProvisions applying to protection order made under section 123B

  1. A protection order made under section 123B is subject to the following provisions of the Family Violence Act 2018, and those provisions apply (so far as applicable, and subject to the modifications in subsection (2)) to that order as if it were a final protection order made under the Family Violence Act 2018:

  2. section 86(1):
    1. sections 90 to 96:
      1. sections 98 to 100 (except section 99(1)(a)):
        1. section 103:
          1. section 104 (except for section 97 as applied by section 104(2)):
            1. section 163(3):
              1. section 164(1) (except paragraph (a)):
                1. section 165(1):
                  1. Part 7 of that Act.
                    1. The modifications are—

                    2. every reference to a protection order or a final order must be read as a reference to an order made under section 123B:
                      1. every reference to the respondent must be read as a reference to the offender:
                        1. every reference to the applicant or protected person must be read as a reference to the victim of the offence:
                          1. the court cannot impose a condition relating to the matters set out in section 103(2) of the Family Violence Act 2018.
                            Notes
                            • Section 123C: replaced, on , by section 65 of the Family Violence (Amendments) Act 2018 (2018 No 47).