Family violence law

Parts of the Family Violence (Amendments) Act, which was passed by Parliament last month, came into force yesterday.

What does it mean?

Strangulation and suffocation, forced marriage and assault on family members are new criminal offences.

Why?

The three new offences criminalise family violence behaviours and practices that previously were not able to be prosecuted as specific family violence-type offences. An estimated one million New Zealanders are directly affected by family violence every year, and police attended 121,000 family violence callouts last year — one every four minutes.

What will happen?

Strangulation or suffocation will carry a maximum penalty of seven years in prison. Coercing someone into marriage or a civil union will carry a maximum penalty of five years in prison.

Assaulting a family member will carry a two-year maximum penalty, similar to offences of male assaults female and assault on a child.

What else?

Changes to bail laws put the onus on defendants to challenge the use of video evidence at trial, rather than on the victim to make a case for its use. Any judicial officer, registrar or police employee who grants bail can impose any conditions they deem reasonably necessary to protect victims and their families. Other parts of the new law, including extending Police Safety Orders, improving access to protection and property orders, and removing legal barriers to information-sharing between agencies, will come into effect on July 1 next year.