46. While COVID-19 has created more flexibility across workplaces and a greater tendency for workers to work from home, domestic violence experts have noted that the Act could be improved by enabling ongoing flexible working (instead of limiting it to just two months) while also enabling employees the choice to work from home or in the office, noting that some employees may be more vulnerable to abuse at home.57 47. The Family Violence Act 201858 came into force in July 2019, replacing the Domestic Violence Act 1995. The new Act expands the definition of family violence to include coercive and controlling behaviour and police may consider more factors when deciding whether to issue a protection order, including abuse or threatened abuse of pets, withholding care, aid or medicine or dowry abuse.59 The meaning of “family relationship” is also extended to people in a caregiving relationship, who may not necessarily be related.60 It provides a set of principles to guide decision-making to ensure a consistent, appropriate and timely response for all complainants61, and names government agencies and a range of social service practitioners as Family Violence Agencies. 48. Other changes include improving and extending protection orders, for example including contact over the internet as a breach of a protection order62 and including watching, loitering, and hindering access to or from places of residence and employment as a form of psychological abuse.63 Police may now arrest a perpetrator and issue a police safety order on the spot when called to family violence incident.64 The Act also removes legal barriers to information sharing between agencies, with a view to increasing victims’ safety.65 49. On 20 December 2021, the Sexual Violence Legislation Act came into force with a view to reducing trauma to victims/survivors when they attend court and give evidence through amendments to the Victims Rights Act 2002, the Criminal Procedure Act 2011 and most notably, the Evidence Act 2006. Key changes respond to recommendations by the Law Commission, experts and advocates66, and include: (a) Entitling sexual violence complainants to use alternative ways of give evidence, including prerecording cross-examination evidence in appropriate cases67 57 See DV Free above. Ministry of Justice, A new Family Violence Act available at https://www.justice.govt.nz/justice-sector-policy/keyinitiatives/addressing-family-violence-and-sexual-violence/a-new-family-violence-act/. See also https://www.legislation.govt.nz/act/public/2018/0046/latest/whole.html. 59 Section 9. 60 Section 14(2). 61 See also NZ Govt, New Laws to address family violence and keep victims safe from 1 July (30 June 2019) available at https://www.beehive.govt.nz/release/new-laws-address-family-violence-and-keep-victims-safe-1-july. 62 Section 92. 63 Section 11(b). 64 Section 28. 65 Part 2: Information Sharing. 66 ee Sexual Violence Legislation Bill: explanatory note https://www.legislation.govt.nz/bill/government/2019/0185/3.0/d30191459e2.html. 67 Section 6. The select committee submissions by the Community Law Centres o Aotearoa highlight that for communication to be effective, appropriate resourcing and training is needed. See https://www.parliament.nz/en/pb/sc/submissions-and-advice/document/52SCJU_EVI_93010_JU68874/communitylaw-centres-o-aotearoa. 58 14

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