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FAMILY VIOLENCE ACT 2004 - SECT 4 Interpretation

FAMILY VIOLENCE ACT 2004 - SECT 4

Interpretation

In this Act, unless the contrary intention appears –
affected child means a child whose safety, psychological wellbeing or interests are affected or likely to be affected by family violence;
affected person means a person against whom family violence is directed;
Chief Clerk of Petty Sessions means the person holding office as the Chief Clerk of Petty Sessions under section 16 of the Justices Act 1959 ;
Director, MPES means the Director, Monetary Penalties Enforcement Services appointed under section 8 of the Monetary Penalties Enforcement Act 2005 ;
economic abuse means an offence in accordance with section 8 ;
emotional abuse or intimidation means an offence in accordance with section 9 ;
external family violence order means an order made by a court of New Zealand which has been made to prevent family violence;
Family Court order means an order made under Part 7 of the Family Law Act 1975 of the Commonwealth;
family relationship means a marriage or a significant relationship within the meaning of the Relationships Act 2003 , and includes a relationship in which one or both of the parties is between the ages of 16 and 18 and would, but for that fact, be a significant relationship within the meaning of that Act;
family violence means family violence as defined in section 7 ;
family violence offence means any offence the commission of which constitutes family violence;
FVO means a family violence order made under section 16 ;
harassing means doing any one or more of the following actions in respect of a particular person:
(a) following the person;
(b) keeping the person under surveillance;
(c) loitering outside the residence or workplace of the person;
(d) loitering outside a place that the person frequents;
(e) entering or interfering with the property of the person;
(f) sending offensive material to the person or leaving offensive material where it is likely to be found by, given to or brought to the attention of the person;
(g) publishing or transmitting offensive material by electronic or any other means in such a way that the offensive material is likely to be found by, or brought to the attention of, the person;
(h) using the internet or any other form of electronic communication in a way that could reasonably be expected to cause the person to be apprehensive or fearful;
(i) contacting the person by postal, telephonic, electronic or any other means of communication;
(j) making unwelcome contact, directly or indirectly, with the person;
interim FVO means an interim FVO made under section 23 ;
PFVO means a police family violence order made under section 14 ;
premises includes any, or any part of any, of the following (whether a public place or private property):
(a) an area of land;
(b) a building or structure (whether movable or immovable), including a residence;
(c) a vehicle, vessel or aircraft;
(d) a caravan or trailer;
property includes everything animate or inanimate that is capable of being owned;
rehabilitation program assessment means an assessment of the suitability of a person to take part in a structured treatment program designed to reduce the likelihood that a person who has committed a family violence offence will re-offend;
relevant Family Court order means, in relation to an FVO or a PFVO, a Family Court order relating to access between –
(a) the person for whose benefit the FVO or PFVO is sought or made or the person against whom the FVO or PFVO is sought or made; and
(b) a child who is a member of the family of either of those persons;
residential premises means residential premises within the meaning of the Residential Tenancy Act 1997 ;
residential tenancy agreement means a residential tenancy agreement within the meaning of the Residential Tenancy Act 1997 ;
risk screening means an assessment carried out by a police officer of the likelihood of the repetition or escalation of family violence;
safety audit means an audit carried out by a police officer of the physical and other measures immediately available to enhance the safety of an affected person or affected child and includes the preparation of a plan to implement those measures;
spouse or partner of a person means another person with whom the person is, or has been, in a family relationship.