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(c) the supervising police officer’s name, rank,
registered number, if any, and station.
(6) If the supervising police officer decides to refuse
the approval, the police officer must not seek
approval from another police officer.
(7) The police commissioner must keep the written
record mentioned in subsection (5) in hard copy
or electronic form.
100L Cross-direction not permitted
(1) This section applies if a police officer issues a
police protection direction (the first direction)
that names a person (the first person) as a
respondent and another person (the second
person) as an aggrieved.
(2) Until the first direction stops having effect, a
police officer can not issue a police protection
direction that names the first person as an
aggrieved and the second person as a respondent.
Note—
See section 100R(3) for when a police protection
direction stops having effect.
100M Contact details and address for service
(1) Subsection (2) applies in relation to a police
protection direction—
(a) if the respondent is present when a police
officer issues the direction—when the police
officer issues the direction; or
(b) if a police officer talks to the respondent in
relation to the issuing of the direction under
section 100B(3)—when the police officer
talks to the respondent; or
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(c) otherwise—when a police officer personally
serves the direction on the respondent.
(2) The police officer must ask the respondent to
provide—
(a) the respondent’s contact details; and
(b) an address for service of documents.
(3) Without limiting subsection (2)(b), the address
may be—
(a) the address of accommodation arranged
under section 100J; or
(b) the address of a friend or family member of
the respondent.
(4) If the respondent provides an address under
subsection (2)(b) other than an address where the
respondent lives or works and, in relation to a
proceeding before a court, another person living
at the address advises the court that the person
does not consent to the use of the address for the
service of documents under this Act, the address
is not a valid address for service of the documents.
(5) The respondent is not obliged to comply with a
request under subsection (2).
(6) This section does not limit the Police Powers and
Responsibilities Act 2000, section 40.
Note—
Under the Police Powers and Responsibilities Act 2000,
section 40, a police officer may require a person to state
the person’s correct name and address in particular
circumstances.
100N Form of direction
(1) A police protection direction issued by a police
officer must—
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(a) be in the form approved by the police
commissioner; and
(b) state the police officer’s name, rank,
registered number, if any, and station; and
(c) state the name, contact details, if any, and
address for service, if any, of the
respondent; and
(d) state the name of the aggrieved and any
named person; and
(e) state the type of relevant relationship that
the police officer reasonably believes exists
between the respondent and the aggrieved;
and
(f) state that—
(i) the police officer is satisfied the
grounds for issuing a police protection
direction under section 100B have been
met; and
(ii) the respondent will be given a written
notice stating the grounds as soon as
practicable after the police protection
direction takes effect; and
(g) state the conditions mentioned in
section 100G; and
(h) state any condition imposed under
section 100H or 100I, including, for a
cool-down condition, the date and time
when the condition ends; and
(i) state that the direction expires 12 months
after the day the direction takes effect; and
(j) be signed by the police officer.
(2) A police protection direction issued by a police
officer may also state—
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(a) that, if an application for review of the
direction is made under section 100Z and a
copy of the direction is filed in the court
under section 100ZA, the direction will be
taken to be an application for a protection
order; and
(b) the nature of the protection order that would
be sought by the application; and
(c) the grounds on which the order would be
sought.
100O Service of direction and grounds on
respondent
(1) A police officer must personally serve a police
protection direction on the respondent.
(2) Also, as soon as practicable after the police
protection direction takes effect, the police officer
who issued it must prepare and serve on the
respondent a signed written notice stating the
grounds for issuing the direction.
(3) Service of the notice under subsection (2)—
(a) if an address for service for the respondent
is known—may be made in any way; or
(b) otherwise—must be made personally by a
police officer.
(4) To remove any doubt, it is declared that this
section applies even if the police protection
direction has taken effect under
section 100R(1)(b).
100P Giving copy of direction and grounds to
aggrieved and named persons
(1) A police officer must give a copy of a police
protection direction to the aggrieved and each
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named person.
(2) A police officer is not required to comply with
subsection (1) if the police officer reasonably
believes—
(a) the named person is a child; and
(b) a copy of the police protection direction has
already been given to a parent of the child
because the parent is the aggrieved or a
named person.
(3) A police officer must give a copy of a written
notice prepared under section 100O(2) to the
aggrieved or a named person if the aggrieved or
named person asks for the copy.
(4) Failure to comply with subsection (1) or (3) does
not invalidate or otherwise affect the police
protection direction.
100Q Explanation
(1) This section applies if a police officer—
(a) serves a police protection direction on a
respondent; or
(b) tells a respondent about a police protection
direction as mentioned in
section 100R(1)(b); or
(c) gives a copy of a police protection direction
to an aggrieved; or
(d) gives a copy of a police protection direction
to a parent of a child as required under
section 188.
(2) The police officer must—
(a) explain to the person—
(i) the police protection direction; and
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(ii) the grounds on which the police officer
who issued the direction reasonably
believed that domestic violence had
been committed; and
(iii) the reasons the police officer who
issued the direction imposed the
conditions of the direction; and
(b) take reasonable steps to ensure the person
understands the nature and consequences of
the direction.
(3) Without limiting subsection (2), the police officer
must explain—
(a) the purpose and effect of the direction,
including, for example, that—
(i) the direction may be enforceable in
other States and New Zealand without
further notice to the respondent; and
(ii) if the respondent has a weapons
licence, or is a body’s representative as
mentioned in the Weapons Act,
section 10(3), the licence or
endorsement as the body’s
representative is dealt with by the
Weapons Act, section 28A; and
(iii) under section 83(2), a person against
whom a police protection direction is
issued is not exempt from the Weapons
Act, despite the Weapons Act,
section 2; and
(b) the duration of the direction; and
(c) the conditions of the direction, including the
behaviour the respondent is prohibited from
engaging in under the conditions; and
(d) the type of behaviour that constitutes
domestic violence; and
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Note—
See the examples of the type of behaviour that
constitutes domestic violence in sections 8, 11 and
12, which define the terms domestic violence,
emotional or psychological abuse and economic
abuse.
(e) the consequences of the respondent
contravening the direction; and
(f) that the aggrieved can not consent to the
respondent contravening the direction; and
(g) the right of the respondent or aggrieved to
seek a review of the direction by the police
commissioner under subdivision 4 or a
Magistrates Court under subdivision 5, how
to seek the review and the possible decisions
that could be made on the review; and
(h) that the issue of the direction does not
prevent the respondent or aggrieved from
applying for a protection order under part 3,
division 1; and
(i) any other matter prescribed by regulation.
(4) Failure to comply with this section does not
invalidate or otherwise affect a police protection
direction.
100R Duration
(1) A police protection direction takes effect when—
(a) the direction is served on the respondent
personally or in a way stated in a substituted
service order; or
(b) a police officer tells the respondent about
the existence of the direction and the
conditions of the direction.
(2) For subsection (1)(b), the respondent may be told
by a police officer about the existence of the
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police protection direction in any way, including,
for example, by telephone, email, SMS message,
a social networking site or other electronic means.
(3) A police protection direction continues in force
until—
(a) the end of 12 months from the day the
direction takes effect under subsection (1);
or
(b) any of the following orders made in relation
to the respondent and aggrieved becomes
enforceable under section 177 (regardless of
who is the respondent and who is the
aggrieved in relation to that order)—
(i) a domestic violence order;
(ii) a recognised interstate order;
(iii) a protection order under section 42; or
(c) a police protection notice issued in relation
to the respondent and aggrieved takes effect
(regardless of who is the respondent and
who is the aggrieved in relation to that
notice); or
(d) release conditions are imposed in relation to
the respondent and aggrieved (regardless of
who is the respondent and who is the
aggrieved in relation to the release
conditions); or
(e) a proceeding for an application for a
domestic violence order in relation to the
respondent and aggrieved is—
(i) dismissed; or
(ii) adjourned without a temporary
protection order being made under part
3, division 2.
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Note—
See also sections 100Y(5) and 100ZD(3) in relation to
the revocation or setting aside of a police protection
direction.
(4) Subsection (3)(e) does not apply to a proceeding
for an application under subdivision 5 relating to
the police protection direction.
Subdivision 3 Amendment of direction
100S Amendment of police protection direction
(1) A police protection direction may be amended
only as provided under this section.
(2) The police commissioner may amend a police
protection direction only—
(a) to correct a minor error; or
(b) to reflect a change in any of the following
details that has been notified to the police
commissioner—
(i) the name, contact details or address for
service of the respondent;
(ii) the name of the aggrieved or a named
person.
(3) The police commissioner may delegate the
commissioner’s powers under this section only to
a police officer—
(a) of a rank higher than the supervising officer
who approved the issue of the direction; and
(b) who was not involved in investigating the
relevant domestic violence.
(4) Subsection (3)(a) does not apply if the police
commissioner was the supervising officer who
approved the issue of the police protection
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direction.
Subdivision 4 Police review of direction
100T Starting review on police officer’s initiative
(1) This section applies in relation to a police
protection direction if a police officer—
(a) becomes aware of circumstances, or
reasonably believes there are circumstances,
that were not, or may not have been, known
or considered by the issuing police officer
when the direction was issued; and
(b) reasonably believes that the circumstances
may have affected the decision to issue, or
the conditions imposed on, the direction, if
the circumstances had been known or
considered by the issuing police officer.
(2) The police officer must ask the police
commissioner to review the police protection
direction.
(3) In this section—
issuing police officer, in relation to a police
protection direction, means the police officer who
issued the direction.
100U Starting review on application
(1) The following persons may apply to the police
commissioner, within the prescribed period or a
longer period agreed to by the police
commissioner, for a review of the direction—
(a) the respondent;
(b) the aggrieved;
(c) an authorised person for the aggrieved;
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(d) a named person.
(2) However, a named person may only seek a review
of—
(a) the naming of the person in the police
protection direction; or
(b) a condition included on the police protection
direction relating to the named person.
(3) An application under subsection (1) must be—
(a) in the form approved by the police
commissioner; or
(b) if the police commissioner has not approved
a form for the application—in writing.
(4) In this section—
authorised person, for an aggrieved, means an
adult authorised in writing by the aggrieved to
represent the aggrieved in relation to an
application under this subdivision.
prescribed period, for applying for a review of a
police protection direction, means the period of
28 days after the notice stating the grounds for
issuing the direction is served on the respondent
under section 100O(2).
100V Effect of starting review
A request under section 100T, or an application
under section 100U, for the review of a police
protection direction does not affect the operation
of the direction or prevent the taking of any action
to implement the direction.
100W Submissions and information
(1) As soon as practicable after receiving a request
under section 100T, or an application under
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