Criminal Procedure Act 2011

Miscellaneous and transitional provisions - Conservation of the peace

366: Application for order for bond to keep the peace

You could also call this:

"Apply to court to stop someone being violent or threatening towards you"

Illustration for Criminal Procedure Act 2011

You can apply to the District Court for an order to keep someone peaceful. You can do this if you think the person will hurt you or your family. You can also do this if the person has damaged your house or threatened to.

You can apply for this order if the person has used bad language or done something offensive to you. This includes saying something mean or showing you something offensive. You can also apply if the person has threatened to do something that is against the law, like hurting someone or damaging property, as stated in the Crimes Act 1961.

The court can make the person sign a bond to promise they will be peaceful. This bond is like a promise to behave and not hurt anyone or damage anything. You can ask for this bond if you feel scared or threatened by the person's behaviour.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360582.


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"What happens when you disobey a court is no longer a law"


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367: Making of order for bond, or

"The court can ask you to promise to behave and follow rules for up to a year, which is called a bond."

Part 8Miscellaneous and transitional provisions
Conservation of the peace

366Application for order for bond to keep the peace

  1. Any person may apply to the District Court presided over by a District Court Judge for an order requiring any other person to enter into a bond, either with or without sureties, for keeping the peace, on any of the following grounds:

  2. that the applicant has cause to fear that the defendant will—
    1. do bodily harm to the applicant or his or her wife, husband, civil union partner, or de facto partner or his or her child or any member of his or her household; or
      1. destroy or damage the applicant's house; or
        1. procure any other person to do anything described in subparagraph (i) or (ii); or
        2. that the defendant has, to or in the presence of the applicant for the purpose of annoyance or provocation, or to the common annoyance of members of the public,—
          1. used provoking or insulting language; or
            1. exhibited any offensive writing or object; or
              1. done any offensive act; or
              2. that the defendant has threatened to do, or to procure some other person to do, any act that, if done, would constitute an offence under any of the following provisions of the Crimes Act 1961:
                1. section 188(1) (which relates to wounding with intent to do grievous bodily harm):
                  1. section 189(2) (which relates to injuring with intent to injure):
                    1. section 196 (which relates to common assault):
                      1. section 267 (which relates to arson):
                        1. section 269 (which relates to intentional damage):
                          1. section 270 (which relates to endangering transport):
                            1. section 271 (which relates to waste or diversion of electricity, gas, or water).
                            Compare
                            Notes
                            • Section 366: amended, on , by section 261 of the District Court Act 2016 (2016 No 49).