Sentencing Act 2002

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

123G: Protection order treated as if made by Family Court

You could also call this:

"A protection order is treated like it was made by the Family Court to keep you safe."

Illustration for Sentencing Act 2002

When a protection order is entered into the Family Court records under section 123F(2), it applies right away. You treat this order as if the Family Court made it under the Family Violence Act 2018. However, if you want to appeal this order, you appeal it as if it were a sentence, under section 123H of this Act.

This order is subject to some provisions of the Family Violence Act 2018, including sections 107(2), 108(1), and 109(1). You can also look at sections 111, 112, and 113 for more information. Other relevant sections include 157, 160(1)(b), and 162.

The order is also subject to section 169, 174, 175, 176, and sections 177 to 181. Additionally, Part 7 of the Act applies to this order. You should look at section 123H(7) and (8) for more details about how this order is treated.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3051177.


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123F: Protection order to be sent to Family Court, or

"The court sends a copy of your protection order to the Family Court near your home."


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123H: Appeal against decision to make or refuse to make protection order under section 123B is appeal against sentence, or

"Appealing a protection order decision is like appealing a sentence for a crime."

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

123GProtection order treated as if made by Family Court

  1. This section applies to an order entered, as soon as it has been entered, in the records of the Family Court under section 123F(2).

  2. The order is to be treated as if it were a final protection order made by that court under the Family Violence Act 2018 (except that an appeal against the order is, under section 123H of this Act, an appeal against a sentence).

  3. The order is, accordingly, subject to the following provisions of the Family Violence Act 2018 (see also section 123H(7) and (8)):

  4. section 107(2):
    1. section 108(1):
      1. section 109(1):
        1. sections 111, 112, and 113:
          1. section 157:
            1. sections 160(1)(b) and 162:
              1. section 169:
                1. section 174:
                  1. section 175:
                    1. section 176:
                      1. sections 177 to 181:
                        1. Part 7.
                          Notes
                          • Section 123G: replaced, on , by section 67 of the Family Violence (Amendments) Act 2018 (2018 No 47).