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Guide to Applying for a Property Order under the Family Violence Act 2018, Summaries of Law

Teesside UniversityLaw

A guide on how to apply for a Property Order under the Family Violence Act 2018 in New Zealand. It includes information on what a Property Order is, the types of Property Orders available, and the application process. The document also includes instructions on how to fill out the Application for Property Order form and the Affidavit, as well as information on where to get help if needed.

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PAGE 1Guide to applying for a Property Order
GUIDE
V1 June 2019
Family Violence Act 2018
Guide to applying for
a Property Order
About this guide
Read this guide to find out more about applying for a Property Order. If you want a Property Order you need to already
have a Protection Order or be applying for a Protection Order at the same time. You will need to fill out a Property
Order Application and Affidavit.
Take your time and speak to friends or family/whānau if you need support.
What is a Property Order?
A Property Order is a court order made by a Judge. A Property Order can be an Occupation Order, a Tenancy Order, an
Ancillary Furniture Order, or a Furniture Order.
An Occupation Order or Tenancy Order says who can live in a specific house or flat.
If you want to live in a house or flat, under an Occupation Order or Tenancy Order, you can apply for an Ancillary Furniture
Order so you can keep the furniture and appliances in the house or flat. If you want to move out, you can apply for a
Furniture Order so you can them take all or some of the furniture and appliances to your new home.
It doesn’t matter if it’s you or the respondent who own owns the furniture.
Who can apply for a Property Order?
You can apply for a Property Order only if you already have a Protection Order or if you apply for a Protection Order at
the same time. You will need to show you need to stay in the house because you (or you child) need somewhere to live,
or because staying in the house would enable you (or a child of your family) to continue childcare, education, training, or
employment arrangements, or that it is in the best interests of your child or children to stay in house.
What happens if a Property Order is made?
If the violent person stays in the property when there is an Occupation Order or Tenancy Order, or stops you from taking the
furniture, they can be arrested by the police and removed. They can also be charged with breaching the Protection Order. If
they’re convicted of this crime, they could be sent to prison for up to 3 years.
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Download Guide to Applying for a Property Order under the Family Violence Act 2018 and more Summaries Law in PDF only on Docsity!

Guide to applying f or a Property O rder PAGE 1

GUIDE

V1 June 2019 Family Violence Act 2018

Guide to applying for

a Property Order

About this guide

Read this guide to find out more about applying for a Property Order. If you want a Property Order you need to already

have a Protection Order or be applying for a Protection Order at the same time. You will need to fill out a Property

Order Application and Affidavit.

Take your time and speak to friends or family/whānau if you need support.

What is a Property Order?

A Property Order is a court order made by a Judge. A Property Order can be an Occupation Order, a Tenancy Order, an

Ancillary Furniture Order, or a Furniture Order.

An Occupation Order or Tenancy Order says who can live in a specific house or flat.

If you want to live in a house or flat, under an Occupation Order or Tenancy Order, you can apply for an Ancillary Furniture

Order so you can keep the furniture and appliances in the house or flat. If you want to move out, you can apply for a

Furniture Order so you can them take all or some of the furniture and appliances to your new home.

It doesn’t matter if it’s you or the respondent who own owns the furniture.

Who can apply for a Property Order?

You can apply for a Property Order only if you already have a Protection Order or if you apply for a Protection Order at

the same time. You will need to show you need to stay in the house because you (or you child) need somewhere to live,

or because staying in the house would enable you (or a child of your family) to continue childcare, education, training, or

employment arrangements, or that it is in the best interests of your child or children to stay in house.

What happens if a Property Order is made?

If the violent person stays in the property when there is an Occupation Order or Tenancy Order, or stops you from taking the

furniture, they can be arrested by the police and removed. They can also be charged with breaching the Protection Order. If

they’re convicted of this crime, they could be sent to prison for up to 3 years.

Guide to applying f or a Property O rder PAGE 2

GUIDE

V1 June 2019 PAGE 2 What do these words mean?

The Property Order form uses words and terms that may be new to you. See the Protection Order guide for other terms.

Term Description

Dwellinghouse A place to live, which can include a flat town house, a mobile home or caravan or other shelter.

Legal interest Different ways to own property.

Vested

tenancy

If a tenancy is ‘vested’ in a person, it means that person becomes the only tenant.

Do you need legal advice?

You can make this application yourself or you may want to get a lawyer to help you fill out this form.

The New Zealand Law Society has a directory of lawyers around New Zealand.

Visit: www.lawsociety.org.nz

Legal aid: If you can’t afford a lawyer you may qualify for legal aid which will pay for a lawyer. You can

find out more about applying for legal aid here: https://www.justice.govt.nz/get-legal-aid

Community Law Centres have lawyers who can support you, and this service is usually free. To find your

closest Community Law Centre look in your phone book or online at www.communitylaw.org.nz

Do you have any questions about this form?

If you have questions about this form you can call the Ministry of Justice on freephone:

0800 268 787 (9am – 5pm, Monday – Friday)

PAGE 2

APPLI C ATI O N

V1 June 2019 Application for Property Order Application for ancillary furniture order I apply on notice without notice for an ancillary furniture order granting me the possession and use of: (a) all of the furniture, household appliances, and household effects in the dwellinghouse situated at OR (b) the following furniture, household appliances, and household effects in the dwellinghouse situated at Specify the items. It is not necessary to specify every item as long as the items in respect of which the application is made are readily ascertainable. for a period of I request that the ancillary furniture order be made on the following terms and conditions: Specify any terms and conditions sought.

PAGE 3

APPLI C ATI O N

V1 June 2019 Application for Property Order Application for furniture order I apply on notice without notice for a furniture order granting me the possession and use of: (a) all of the furniture, household appliances, and household effects in the dwellinghouse situated at OR (b) the following furniture, household appliances, and household effects in the dwellinghouse situated at Specify the items. It is not necessary to specify every item as long as the items in respect of which the application is made are readily ascertainable. for a period of I request that the furniture order be made on the following terms and conditions: Specify any terms and conditions sought. Affidavit in support I rely on the content of the affidavit dated D^ D^ M^ M^ Y^ Y^ Y^ Y^ filed in support of this application (or these applications). Signature Signed Date D^ D^ M^ M^ Y^ Y^ Y^ Y

PAGE 1

Adavit

Family Violence Act 2018

In support of application for property order.

Affidavit

AFFIDAVIT

V1 June 2019

Applicant

Full name Home Address Occupation

Respondent

Full name Home Address Occupation

Associated Respondent

Full name Home Address Occupation In the Family Court at (Court location) FAM Note: The applicant’s address may be omitted from the front page where the applicant has asked for this information to be kept confidential. COURT USE ONLY: Date document is filed: (Court stamp)

Adavit PAGE 2

AFFIDAVIT

V1 June 2019 Exhibits referred to on this page (by assigned letter e.g. “A”) Initials: I, (Full name) of, (Address) (Write address unless you want to keep it confidential from the Respondent) Occupation swear/solemnly and sincerely affirm that: My relationship to the Respondent is Spouse/partner Family/whānau member We have a close personal relationship We live in the same home Ex spouse/partner Give details about your relationship, such as:

  • Date and place of marriage or civil union
  • Whether you’re still together or separated
  • If not a partner, their relationship to you
  • How long you have known them for
  • Whether you live in the same house
  • How long you have been in a relationship with the person

Adavit PAGE 4

AFFIDAVIT

V1 June 2019 Exhibits referred to on this page (by assigned letter e.g. “A”) Initials: Facts in support of application for tenancy order

  1. I am applying for (or have been granted) a protection order against the respondent
  2. The respondent is the sole tenant (or a tenant holding jointly, or in common, with me) of the dwellinghouse at: State the nature of the legal interest if the property is not owned by either party
  3. The making of the tenancy order: (a) is reasonably necessary for one or both of the following purposes: (i) to meet my accommodation needs, my child’s needs, or both, (ii) to enable me or a child of my family (or both) to continue existing childcare, education, training, or employment arrangements; or (b) is in the best interests of a child of my family. State reasons for belief
  4. The following people have an interest in the dwellinghouse that would be affected by the making of a tenancy order. List the names of the people and their addresses, and state the nature of their interests

Adavit PAGE 5

AFFIDAVIT

V1 June 2019 Exhibits referred to on this page (by assigned letter e.g. “A”) Initials: Facts in support of application for ancillary furniture order

  1. I am applying for an occupation order (or a tenancy order) (or have a current occupation order (or tenancy order) in respect of the dwellinghouse situated at:
  2. The respondent and I have lived in the same dwellinghouse at the same time for: State period during which you and the respondent lived in the same house at the same time. and I am (or I will be) living in the dwellinghouse specified in paragraph 9. If not currently living in the dwellinghouse, give sufficient information to indicate intention to return. If seeking particular terms or conditions, indicate the reasons for doing so.
  3. The following people have an interest in the furniture, household appliances, and household effects that would be affected by the making of an ancillary order List the names of the people and their addresses, and state the nature of their interests

Adavit PAGE 7

AFFIDAVIT

V1 June 2019 Exhibits referred to on this page (by assigned letter e.g. “A”) Initials: Facts in support of application for property without notice

  1. The application for an occupation order (or tenancy order or an ancillary furniture order or a furniture order) is made without notice to the respondent because the delay that would be caused by proceeding on notice would or might expose me (or a child of my family) to family violence. State sufficient facts to indicate the reason for this statement Other facts in support of application Set out sufficient information to inform the Court of any other facts relied on in support of each application Signature Signed Sworn or Affirmed at (place) on this (date) D^ D^ M^ M^ Y^ Y^ Y^ Y Before me (Registrar/Deputy Registrar, or Justice of the Peace or a solicitor of the High Court of New Zealand) Important: You need to complete this page and sign in front of either a Registrar/Deputy Registrar, or Justice of the Peace or a solicitor of the High Court of New Zealand. That person is your witness. Once it’s signed by the witness, you then hand the application, affidavit and any other documents in at your nearest Court.