New Zealand Acts

HARASSMENT ACT 1997 - SECT 13

13 Applications on behalf of certain persons

1 This section applies where—

a) a person aged 16 years or over is eligible to apply for a restraining order; and

b) that person is unable or unwilling, whether because of physical incapacity or fear of harm or other sufficient cause, to make the application personally.

2 Where this section applies, the court or a Registrar may, on an application without notice made by any person, appoint any person to be a representative of another person for the purpose of making and prosecuting, on behalf of that other person, an application for a restraining order.

3 A person may not be appointed under this section to be a representative unless that person is—

a) an adult person who is not under disability; or

b) a body of persons, whether corporate or unincorporated.

4 If an application for the appointment of a representative is made under subsection (2), the court or Registrar must make the appointment sought if the court or, as the case requires, the Registrar is satisfied—

a) that reasonable steps have been taken to ascertain the wishes of the person to whom the application relates in relation to the matter; and

b) where the wishes of that person have been able to be ascertained,—

i) that the person does not object to the appointment; or

ii) that the person's objection is not freely made; and

c) either,—

i) where the person to whom the application relates is unable to make the application for a restraining order personally, that it is in the best interests of that person to make the appointment; or

ii) where that person is unwilling to make the application for a restraining order personally, that it is appropriate to make the appointment; and

d) that the proposed appointee—

i) consents in writing to the appointment; and

ii) if a natural person, is an adult who is not under disability; and

e) that there is unlikely to be any conflict between the interests of the proposed appointee and the interests of the person in respect of whom the application is made.

Note: 1995 No 86 s 12(1)–(3)

History: Section 13(1)(a): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).