If you are in a domestic violence/abusive situation, you have the following rights and responsibilities:
Firstly, you have a right to REPORT TO THE POLICE, LAY A COMPLAINT and use the option of PRESSING CHARGES against the abuser.
You have a right to take a PROTECTION ORDER against the abuser. The other Person must: Stay away from you unless you want to have contact with him. The other Person Must Not Hurt, frighten or threaten you and your children, damage your property, Have any Firearms.
You have a right to take a TRESPASS ORDER against the abuser. You can serve immediate notice to the Abuser to stay away from a property occupied by you and your children.
You have a right to take TENANCY ORDER to Stay or return to the house you are Renting. (You do not have to be on the rental agreement or own the house to apply for the order)
You have a right to take OCCUPATION ORDER. To Stay or return to the house you are Own. (You do not have to be on the rental agreement or own the house to apply for the order)
You have a right to take a FURNITURE REMOVAL ORDER and claim the furniture that has been bought during your stay.
You have a right to MATRIMONIAL PROPERTY including house, other assets and household goods.
You have a right to obtain CHILD CUSTODY (PARENTING ORDER), whilst your partner can have visitation access. Type of visitation access will be confirmed by the court. You can apply for custody at the same time as the other orders.
You have a right to Restraining order PREVENTING REMOVAL OF CHILD from New Zealand. You can apply for a court order to prevent the child from being removed from New Zealand, especially if you are in a custodial dispute. This will apply only for children who are permanent residents or citizens.
You have a right to file for SEPARATION. Separation means living apart. You must be separate for 2 years before you may apply for a divorce (known as dissolution of marriage).
WORK & INCOME: You have a right to access JOBSEEKER SUPPORT, ACCOMMODATION SUPPLEMENT, CHILDCARE SUBSIDY, COMMUNITY SERVICES CARD, LEGAL AID and STUDENT LOAN. Further appointment with the WINZ caseworker will confirm other benefits.
IMMIGRATION: Shakti can support you with relevant immigration advocacy which will be determined on a case by case basis.
HOUSING: You have a right to apply for a HOUSING NEW ZEALAND house if you are a New Zealand citizen or resident.
CHILD, YOUTH & FAMILY (CYF): Please be informed about CYF and their rights and obligations. CYF is a service of Ministry of Social Development working for the protection and well-being of families, especially minor children. If a child is abused within the family (i.e. parent, grandparent or extended family) CYF has the right to intervene and remove the child from an abusive environment. Please visit www.cyf.govt.nz for further details.
