Published 06 July 2021
Final protection order — occupation order — ancillary furniture order — domestic violence — Domestic Violence Act 1995 (repealed), ss 7 & 14 — Surrey v Surrey [2008] NZCA 565, [2010] 2 NZLR 581 — SN v MN [2017] NZCA 289, [2017] 2 NZLR 488 — J v J (2008) 27 FRNZ 614 (FC) — M v M [2010] NZFLR 746 (FC). This hearing was to determine an application for a final protection order, occupation order, and ancillary furniture order in favour of the applicant father and the parties' adult child. There had been temporary orders in place following allegations of physical and psychological violence. The respondent mother denied the allegations of violence and claimed the applicant had been violent towards her. Key evidence were medical records showing injuries to the applicant; a photograph taken by the respondent; and ACC records. The applicant and child's allegations aligned and were completely at odds with the respondent's evidence. In order to grant a final protection order, a court must be satisfied on the balance of probabilities as to the criteria in ss 7 and 14 of the Domestic Violence Act: the parties must have been in a domestic relationship; domestic violence was used; and that a protection order was necessary for the protection of the applicant (and daughter). The Judge preferred the evidence of the applicant and daughter and determined that a final protection order was necessary. The Judge made a final protection order in favour of the applicant and the parties' child. The Judge also granted the final occupation and ancillary furniture orders as sought. Judgment Date: 8 March 2019. * * * Note: names have been changed to comply with legal requirements. * * *
This website explains many of the things you might want to know if you are coming to the Youth Court, or just wondering how the Youth Court works.
Visit website›Ministry of Justice website with information on family issues including about going to court, forms and other times when you may need help.
Visit website›For information about courts and tribunals, including going to court, finding a court & collection of fines and reparation.
Visit website›On this site you will find information about our Supreme Court, Court of Appeal and High Court including recent decisions, daily lists and news.
Visit website›