New Zealand Acts

HARASSMENT ACT 1997 - SECT 9

9 Application for restraining order

1 Subject to subsection (4), any person who is being or has been harassed by another person may apply to the court for a restraining order in respect of that other person.

2 If the person who is eligible to apply for a restraining order is a minor under 16 years of age, the application must be made by a representative in accordance with section 11(2) .

3 If the person who is eligible to apply for a restraining order is unable or unwilling, in the circumstances specified in section 13(1)(b) , to make the application personally, a representative appointed in accordance with section 13 may make an application on that person's behalf.

4 A person who is or has been in a family relationship with another person may not apply under this Act for a restraining order in respect of that other person.

5 For the purposes of subsection (4),
"family relationship" has the same meaning as it has in the Family Violence Act 2018 .

Note: 1995 No 86 s 7

History: Section 9(2): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).   Section 9(4): amended, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).     Section 9(5): amended, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).