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annotated bibliography of new zealand research into family violence

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See: www.nzfvc.org.nz/13263.pubTopic Areas: Intimate partner abuse, Women, Perpetrators/<strong>of</strong>fenders, Victims/survivors,Justice, Protection orders, Legislation, Gender, Policy, Prevention/intervention/treatmentAbstract: This report examines at the operation <strong>of</strong> the Domestic Violence Act (1995) and, inparticular, current issues related to protection orders. A range <strong>of</strong> data is utilised in the report,including interviews with domestic <strong>violence</strong> advocates from around New Zealand; a survey <strong>of</strong>members <strong>of</strong> the National Collective <strong>of</strong> Independent Women’s Refuges; <strong>family</strong> <strong>violence</strong>statistics from courts, the Police and Women’s Refuge; and five case studies <strong>of</strong> women whohave experienced <strong>family</strong> <strong>violence</strong>. The report aims to highlight advocates’ concerns abouthow the Domestic Violence Act is being implemented by a range <strong>of</strong> agencies 10 years after itwas passed <strong>into</strong> law.The report considers the objective and aims <strong>of</strong> the Domestic Violence Act, and uses these toexamine current practice, arguing that some victims <strong>of</strong> domestic <strong>violence</strong> have a lack <strong>of</strong>confidence in the justice system. The central points <strong>of</strong> concern outlined in the report are: thatfewer protection orders are being issued, with more orders than before being put ‘on notice’;the cost <strong>of</strong> gaining a protection order is prohibitive; there is a minimisation <strong>of</strong> <strong>violence</strong> andvictim-blaming within the justice system; delays in gaining protection are putting those whohave experienced <strong>violence</strong> at risk; fewer perpetrators are being ordered to attend stopping<strong>violence</strong> programmes, and there is a low uptake <strong>of</strong> programmes for adult and child victims;and there are a lack <strong>of</strong> consequences for respondents who breach protection orders. The reportpresents these issues for further discussion and calls for a return to the intent <strong>of</strong> the DomesticViolence Act, along with specialist domestic <strong>violence</strong> training in the justice sector and morecollaborative approaches to <strong>family</strong> <strong>violence</strong> interventions.Harris, L. (1997). Domestic <strong>violence</strong> and matrimonial property: Does the law meet the property needs<strong>of</strong> victims <strong>of</strong> domestic <strong>violence</strong>. Unpublished manuscript, Victoria University <strong>of</strong> Wellington,New Zealand.See: www.nzfvc.org.nz/13223.pubTopic Areas: Financial exploitation, Victims/survivors, Justice, Protection orders,LegislationAbstract: This <strong>research</strong> paper explores the property needs <strong>of</strong> victims <strong>of</strong> domestic <strong>violence</strong>,and the laws which deal with domestic <strong>violence</strong> and matrimonial property. Its purpose is todetermine whether the law effectively meets the immediate, short-term and long-term needs<strong>of</strong> domestic <strong>violence</strong> victims.The Domestic Violence Act (1995) and Matrimonial Property Act (1976) both have thepotential to meet the immediate and short-term needs through occupation and tenancy orders,if the tests are applied with a full understanding <strong>of</strong> the nature <strong>of</strong> an abusive relationship. Thelaw, however, fails to meet the long-term property needs <strong>of</strong> victims. It lacks in the flexibilityto enable the victim to obtain an unequal share <strong>of</strong> domestic matrimonial property, and fails torecognise the effect <strong>of</strong> abuse on contributions and the needs that such abuse creates, such as aclean break from the other party. This paper argues that to meet these long-term needs, thelaw needs to be flexible and it needs to be able to consider the needs created by the abuse,without judging the actions that caused the need.Source: Author’s abstractHarris, T. (1999). Malice supplying the want <strong>of</strong> age: Juvenile homicide in New Zealand: A substantiveand procedural context. Unpublished manuscript, University <strong>of</strong> Auckland, New Zealand.80

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