Judith Collins proposes new type of restraining order

Justice Minister Judith Collins has proposed a new type of restraining order to prevent offenders from living near their victims. This would apply to serious violent or sexual crimes. The new order would be able to impose a range of conditions on offenders, including restrictions on visiting particular locations or geographical areas and not to contact victims. As with existing restraining orders, the new order could apply indefinitely if the Court considered it necessary.

Judith Collins said, “Currently, protection and restraining orders are only available in situations of active harassment, or if there is a domestic relationship between the offender and the victim.

“And release and parole conditions only apply for six months after an offender’s sentence has ended. So, unfortunately some victims can find themselves without access to any legal protection."

The new order would be created through an amendment to the Harassment Act.

Labour’s Justice spokesperson Charles Chauvel criticised the move, highlighting problems with the enforcement of existing protection orders and the lack of stakeholder consultation over the proposed new order.

'New order to protect victims from offenders', Press release: Judith Collins, 8/11/12

'Judith Collins announces new restraining order', Radio NZ, 9/11/12

'Minister’s move simply a hunt for headlines', Press release: Labour Party, 9/11/12

'Chauvel: Disconnected from victims’ reality', Press release: Judith Collins, 9/11/12