district court logo

Nichols v Conway [2024] NZFC 15679

Published 13 January 2025

Application for final protection order — special condition — child's views — Family Violence Act 2018, ss 62, 63 & 66. These proceedings were to determine an application for a final protection order. The applicants were the parents of a teenager, who had previously been in a relationship with the respondent, and they applied on behalf of their daughter as protected person. There was a temporary protection order in place, which included a special condition appointing the protected person's mother to give or refuse contact with the respondent. The effect of this special condition was that the respondent would not be able to participate in a sport, which the protected person was also engaged in, without breaching the protection order. The respondent sought to vary the order to enable him to participate in the sport. The Court noted that due to the protected person being under the age of 18, her views had to be obtained to comply with the Family Violence Act (FVA). The protected person's subjective view was that the protection order with the special condition was needed, and the Court noted that this view was objectively reasonably held. The Court was satisfied that the respondent had not provided any evidence to outweigh the need for a protection order to be made. The Court determined that a final protection order with the special condition as sought was the only outcome permissible in terms of the purposes and principles of the FVA, as well as binding higher court authority. The Court made the final protection order, which was to continue until the protected person reached the age of 18 years, noting that the full reasons decision would follow. Judgment Date: 25 November 2024. * * * Note: names have been changed to comply with legal requirements. * * *