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The need for specialist legislation to address stalking behaviour and how adequately the currently proposed legislation meets this need

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One option is to further expand the jurisdiction of the Domestic Violence Act to provide protection to victims of non-domestic stalking. Furthermore, an injunction was granted restraining conduct that had nothing to do with the enjoyment of the land. Furthermore, an order must be necessary for the protection of the victim from further harassment.

The involvement of the criminal justice system in serious cases enables the police to track down and prosecute the perpetrator. Care should be taken in defining the necessary mental element of the stalker in the criminalization provision. The provision that an injunction must be issued against an associate of the defendant further adds to the comprehensive nature of the protections available.

It is also similar to the provision in the Domestic Violence Act which requires the court to take into account the nature or seriousness of the behavior from the perception of the applicant.84. 1 Issues arising from the definition of the offense of criminal harassment Clause 8 defines and categorises criminal harassment as an offence. The idea of ​​reasonableness seems to be unrelated to the act of causing fear instead of the experience of the fear itself.

However, the purpose of the civil injunction is to prohibit lower level harassment that is reasonably distressing to the applicant. 136 Where "relative" means any person with whom the applicant has a family relationship as defined by s 2 of the Bill. It is clear that this proposal draws on the experience of the effectiveness and disadvantages of legislation in other jurisdictions.

TABLE OF  LEGISLATION  64
TABLE OF LEGISLATION 64
  • Interpretation-In this Part and Parts II to IV of this Act, unless the context otherwise requires,-
  • Application for restraining order-(1) Subject to subsection (2) of this section, any person who is being or has been 5
  • A.Pplication against minors-(}) No application for a restrairung order may be made against a child
  • Applications for restraining order to be on notice-Every application for a restraining order must be
  • Defence to erove that specified acts done for lawful pm-pose-A specified act may not be relied on to establish
  • Court may impose special conditions-{!) Where the Cowt makes a restraining order, it may impase any
  • Offence to conttavene restraining order-(1) Every person commits an offence who, without reasonable excuse,- 30

34;Associated Defendant" means a person against whom a restraining order is applicable pursuant to an order under section 15 of this Act: but not a person who is or has been married: 34;Specified Act" means any of the types activities specified or described in Section 4(1) of this Act. For the purposes of this Part and Parts II through IV of this Act, a person in a family relationship with another person means the person-. a) Is a partner of the other person; or (b) is a relative of the other person.

For the purposes of this Part and Parts II to IV of this Act, a specified act means, in relation to a person, any of the following acts: 5. a) Looking at, loitering near, or preventing or obstructing access to or from, that person residence, business, employment or any other place visited by the person for any purpose:. Meaning of specified act "against" a person - Without limiting the generality of this Act's section 4, subsection , if that action is performed-. 2. This Part and Parts II to IV of this Act are intended to achieve their objectives by-. a) Make the most serious forms of harassment a criminal offence:.

Law to Bind the Crown - This Part and Parts II to IV of this Law bind the Crown. Subject to subsection (2) of this section, any person who is or has been harassed 5 subsection (2) of this section, any person who is or has been harassed by another person may apply to the court for a restraining order in respect of that other person person. For the purposes of subsection 12) of this section, "domestic relationship" has the same meaning as in the Domestic Violence Act 1995.

Content of application - Any application for a restraining order may be for a direction under section 15 of this Act to apply the order against a specified person who is a person who has been or is being encouraged by the defendant to engage in conduct which, if if 20 defendants participated in it, it would mean harassment of the complainant. Authority for a restraining order-(1) Pursuant to Article 5, 14 of this Act, the court may order a restraining order if. a). For the purposes of subsection (1)(a) of this section, a claimant who incites another person to do a particular act against the applicant shall be deemed to have done that particular act personally.

In the absence of a designation under subsection (2) of this article, a special condition shall apply for the duration of the temporary restraining order, unless amended or lifted earlier. {3) When a restraining order referred to in subsection (2) of this section 15 is lifted, the order shall cease to be in effect against the affected defendant as if that person had applied for and been granted a waiver of the order pursuant to subsection (4 ) of this part. For the purposes of this section, an alleged harassment includes a person being or having been encouraged by another person to perform a particular act against a person.

PART IV

  • Appeals to be heard as soon as practicable-Every appeal under section 28 or section 29 of this Act must be heard as
  • Effect of appeal~Except where the Court making the order appealed from otherwise directs,-
  • Contravention of orders made under section 82- ( 1) Every person commits an offence who breaches any
  • Relevant Criminal Law Provisions
  • Canadian Federal Criminal Code, s 264 - Criminal Harassment

-Any person commits an offense and is liable upon summary conviction to a fine not exceeding $500 which, after being requested by a member of the police force to furnish particulars or evidence under Section 22 of this Act, shall be made without reasonable excuse,-. a) Refuses or fails to provide the particulars or evidence; or (b) provides any particulars or evidence knowing that the. Police may release information to allow for a restraining order to be filed. When a member of the police force has the name or address, or both, of a person who is alleged to be harassing or has been harassing another person (whether or not the information was obtained under Section 22 of this Act) , any member of the police force may, at the request of the other person, disclose that information to that other person for the sole purpose of enabling that other person to seek a reprogramming warrant25 against the alleged bully. The court is convinced that the admission of the evidence is required in the interest of justice.

By making the copy available in such a way as is prescribed in rules issued pursuant to section 35 herein. {3) The appellate court may, on the ex parte application of the appellant, order that security shall not be given under 5 section 73 (2) of the D1Strict Courts Act 1947. An appeal under section 28 of that Act may, with the leave of the appellate court, appeal to the Court of Appeal on any decision of the High Court on a question of law arising in that appeal.

{3) The decision of the Court of Appeal on an appeal to that Court under this section and in respect of an application 1t under this section for leave to appeal shall be final. Appeals to be dealt with as soon as practicable - Any appeal under section 28 or section 29 of this Act shall be dealt with as an appeal under section 28 or section 29 of this Act shall be dealt with as soon as practicable feasible after filing an appeal. An appeal under Article 28 or Article 29 of this law shall not be challenged against this law; and 30 (b) any order under this Part and Parts I and DI of this Act. may be enforced in the same manner in all respects as if there had been no such appeal.

Where, in any proceeding under this Part and Parts I and IU of this Act, the Court is of the opinion that it is desirable to do so, having regard to the interests of any person (including, without limitation, the privacy of 40. 30 . petitioner) and in the public interest, the Court may issue one or more of the following orders: 40 (b) In the case of a body corporate, with a fine not exceeding. 3) Violation of any order made under Article 32111 (cl) of this law, or any evasion or attempted evasion thereof, may be treated as contempt of court.

In addition to all other powers conferred by the District Courts Act 1947, the Governor-General may from time to time, by Order in Council, make rules-. a) Regulation of the practice and procedure of district courts in proceedings under this Part and Parts I and III of this Act:. 15 (a) Prescribe the procedure for serving notices and. other documents for the purposes of this Part and Parts I and III of this Act, and provides for substitute service, 20 and that service must be waived, in such circumstances as specified in the rules:. In the absence of any rules under this section or in any situation not covered by any such rules, the District Courts 30 Rules 1992 shall apply, with all necessary modifications, to proceedings under this Part and Parts I and III of this Act .

Regulations-The Governor-General may from time to time, by order in Council, make observations on such matters 35 as are intended or necessary to give full effect to the provisions of this Part and Parts I and III of this Act and for their proper administration. Other Remedies for Harassment Not Limited or 40 Affected-Nothing in this Part and Part I to ID of this Act shall limit or.

TABLE OF LEGISLATION  A  New Zealand Legislation
TABLE OF LEGISLATION A New Zealand Legislation

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TABLE OF  LEGISLATION  64
TABLE OF LEGISLATION  A  New Zealand Legislation

References

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