A Police Safety Order (PSO) NZ is a temporary legal order issued by the New Zealand Police to provide immediate protection to victims of family violence. It allows Police to order a person to leave a property and stay away for up to 10 days, without requiring a court hearing or the victim’s consent.
What is a Police Safety Order (PSO)?
Family violence is a pervasive issue in New Zealand, and the legal system provides several mechanisms to ensure the safety of individuals at risk. Among the most immediate and accessible of these tools is the Police Safety Order (PSO). Governed by the Family Violence Act 2018, a PSO is designed to de-escalate volatile situations instantly, providing a cooling-off period that ensures the safety of the person at risk while allowing time for both parties to consider their next steps.
Unlike other legal remedies that may require a lawyer or a court application, a PSO is issued directly by a qualified police constable. This capability is critical in emergency situations where waiting for judicial intervention could result in serious harm. The primary objective of a PSO is to protect the person at risk (and any children) from further violence, harassment, or intimidation.
It is important to note that a PSO is not a criminal conviction. Being issued a PSO does not mean the recipient (referred to as the “bound person”) has been charged with a crime. However, the order is a serious legal document with strict conditions that, if violated, can lead to significant legal consequences. The order is recorded in the Police database but does not appear on a standard Ministry of Justice criminal record check unless it leads to a breach and subsequent conviction.
How a PSO is Issued in New Zealand
The process of issuing a PSO is distinct because it places the authority in the hands of the Police rather than a judge. Police can issue a PSO if they have reasonable grounds to believe that family violence has occurred or is likely to occur. Crucially, the consent of the person at risk is not required. Even if the victim does not want the order issued, the Police may proceed if they believe it is necessary for safety.
When Police attend a domestic incident, they assess the situation using risk assessment tools. If they decide a PSO is necessary, the following procedural steps typically occur:
- Detention for Service: Under the law, Police have the power to detain the person bound by the order for up to two hours to serve the order. This ensures the person cannot flee to avoid being served.
- Explanation: The Police must explain the conditions of the order to the bound person and the consequences of breaching it.
- Immediate Effect: The order takes effect immediately upon service. The bound person must comply with its terms instantly, which usually involves leaving the premises.
The threshold for issuing a PSO does not require proof beyond a reasonable doubt (the standard for criminal convictions). Instead, the officer must simply believe on reasonable grounds that the order is necessary to ensure safety.
Duration and Mandatory Conditions
A Police Safety Order is a powerful instrument because of the restrictions it places on the bound person. These conditions are non-negotiable and remain in force for the entire duration of the order.
Duration of the Order
A PSO can be issued for a period of up to 10 days. The specific duration is determined by the issuing officer (usually a Sergeant or higher rank approves the duration) based on the risk assessment. In simpler cases, it might be 1 to 5 days, but in high-risk scenarios, the full 10 days is utilized to ensure the victim has ample time to seek support services and legal advice.
Standard Conditions
Once a PSO is served, the bound person must adhere to the following conditions:
- Vacate the Premises: The bound person must leave the address where the person at risk lives, even if the bound person owns the house or pays the rent.
- Surrender Weapons: Any firearms or weapons licence must be surrendered to the Police immediately. Police have the authority to suspend a firearms licence immediately upon issuing a PSO.
- No Contact: The bound person cannot contact the person at risk in any way. This includes face-to-face contact, phone calls, text messages, emails, or social media communication.
- No Threats or Harassment: The bound person must not threaten, assault, or intimidate the protected person or their children.
- No Encouraging Others: The bound person cannot ask friends or family to contact or harass the protected person on their behalf.
During the period of the order, the protected person (and any children named) are entitled to remain in the home without fear of the bound person returning. For more detailed information on family violence laws, you can refer to the New Zealand Police official page on PSOs.
Difference Between a PSO and a Protection Order
Many people confuse a Police Safety Order with a Protection Order. While both are designed to prevent family violence, they differ significantly in their origin, duration, and legal weight.
| Feature | Police Safety Order (PSO) | Protection Order |
|---|---|---|
| Issued By | New Zealand Police | Family Court (Judge) |
| Duration | Temporary (up to 10 days) | Permanent (until discharged by Court) |
| Consent | Victim consent not required | Usually applied for by the victim (applicant) |
| Criminal Record | Not a conviction (unless breached) | Not a conviction (unless breached) |
| Programs | Risk assessments offered | Mandatory non-violence programs often required |
The Protection Order is a longer-term solution. It is a civil court order that usually starts as a temporary order and becomes final after three months if not challenged. A Protection Order is more comprehensive and often includes provisions for parenting arrangements and mandatory attendance at non-violence programs. In contrast, the PSO is a “stop-gap” measure intended to manage an immediate crisis.
Consequences of Breaching a PSO
While the initial issuance of a PSO is not a criminal charge, breaching the order is a serious matter. The New Zealand Police take breaches of safety orders very seriously to ensure the integrity of the protection system.
If a bound person is found to have breached any condition of the PSO (e.g., sending a text message or returning to the house), the Police can take them into custody immediately. The person is not charged with a “breach of PSO” as a criminal offence in the same way one is charged with theft; rather, they are brought before the District Court.
The Court Process Upon Breach
When brought before the court following a breach, the jurisdiction shifts from the Police to the Judiciary. The Court has several options:
- Issue a Warrant: If the person fails to appear.
- Adjourn with Direction: The court may release the person with a direction to appear later, often extending the PSO.
- Issue a Temporary Protection Order: The District Court Judge has the power to issue a Temporary Protection Order immediately, even if the victim has not applied for one. This escalates the legal status of the protection significantly.
It is vital to understand that if the Court issues a Temporary Protection Order because of a PSO breach, this becomes a civil order recorded against the individual. Subsequent breaches of that Protection Order are criminal offences punishable by imprisonment of up to three years.
What Happens After the Order Expires?
A Police Safety Order is not designed to last forever. It is a temporary window of opportunity. When the 5, 7, or 10-day period expires, the order automatically lapses. At this point, the bound person is legally allowed to return to the property and resume contact, provided no other legal orders (like a Parenting Order or Protection Order) prevent them from doing so.
However, the expiration of a PSO is often a critical time. Police and support agencies usually utilize the duration of the PSO to work with the person at risk. The goal is to put a safety plan in place before the bound person returns. This might involve:
- Applying for a Protection Order through the Family Court.
- Moving to a safe house or refuge.
- Changing locks or security arrangements (if legally permissible).
If the bound person returns and violence resumes, the Police should be called immediately. The previous issuance of a PSO serves as evidence of a history of family violence, which supports future applications for Protection Orders.
Resources and Legal Support
If you or someone you know is dealing with a Police Safety Order, accessing support is crucial. New Zealand has a robust network of agencies dedicated to family violence prevention and support.
- Shine: Provides a national helpline and advocacy services for victims of domestic violence.
- Women’s Refuge: Offers safe housing and support for women and children.
- Community Law Centres: Provide free legal advice regarding family law and protection orders.
- Oranga Tamariki: May be involved if children are present in the home to ensure their safety.
For authoritative legal information, the Community Law Manual is an excellent resource for understanding your rights under New Zealand law.
Frequently Asked Questions
Does a Police Safety Order go on my criminal record?
No, a Police Safety Order (PSO) itself is not a criminal conviction and does not appear on a standard criminal record check. However, it is recorded in the Police database. If you breach the order and are subsequently charged with related offences, those convictions will appear on your record.
Can I go back home to get my clothes if I have a PSO?
Generally, no. You are prohibited from entering the property. However, in some specific circumstances, a Police officer may accompany you to the property for a very short time solely to collect essential personal items (like medication or work clothes), but this must be arranged and approved by the Police beforehand. You cannot go alone.
Can a victim cancel a Police Safety Order?
No. A PSO is issued by the Police, and the victim (the person at risk) does not have the authority to cancel or withdraw it. It remains in force for the specified duration (up to 10 days) regardless of whether the couple reconciles during that time.
What happens if I text my partner while under a PSO?
Sending a text message is a breach of the condition of “no contact.” Even if the text is not threatening, it is a violation of the order. You can be taken into custody by the Police and brought before the court, which may issue a Temporary Protection Order against you.
How long does a Police Safety Order last in NZ?
A PSO can be issued for a duration of up to 10 days. The specific length (e.g., 5 days or 10 days) is decided by the Police at the time of issuance based on the risk assessment.
Do I need a lawyer for a Police Safety Order?
You do not need a lawyer for the issuance of the order as it is done by Police on the spot. However, if you wish to challenge the grounds of the order or if you have breached the order and are facing court, it is highly recommended to seek legal advice from a lawyer or Community Law centre.
