New Zealand Acts

HARASSMENT ACT 1997 - SECT 11

11 Application by minors

1 Subject to subsections (2), (2A), and (4), a minor may make an application for a restraining order under this Act.

2 A minor under 16 years of age must make the application for a restraining order by a representative in accordance with rules of court.

2A A minor aged 16 years may apply for a restraining order either on his or her own behalf under subsection (4), or by a representative in accordance with rules of court.

3 Nothing in subsection (2) prevents a minor under the age of 17 on whose behalf an application for a restraining order is made by a representative from being heard in the proceedings; and where the minor under the age of 17 expresses views on the need for and outcome of the proceedings, the court must take account of those views to the extent that it thinks fit, having regard to the age and maturity of the minor under the age of 17.

4 Subject to section 13 ,—

a) a minor aged 17 or over, must make the application for a restraining order on his or her own behalf, without a next friend or guardian ad litem, as if the minor were of full age; and

b) orders may be made on the application, and enforced, as if the minor were of full age.

Note: 1995 No 86 s 9

History: Section 11(1): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).   Section 11(2): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).     Section 11(2A): inserted, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).     Section 11(3): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).     Section 11(4)(a): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).