The Ex-Files: Does my NZ protection order still work in Australia?

Do protection orders work in other countries? Photo / 123RF

Jeremy Sutton is a barrister and family lawyer at Bastion Chambers.

OPINION

Q: Six months ago, I obtained a final protection order against my former partner. I did not see or hear from him until I arrived in Sydney last week. I am here on holiday with my family. Last Friday, I received several messages from him requesting that we meet up for a drink.

He said he is staying close to my accommodation. He said in his messages he has changed and wants another chance. I did not reply to his messages. He has now contacted my mother, again requesting that we meet up. I feel anxious knowing he is close by.

Am I safe under the terms of the protection order I obtained in New Zealand if he turns up at my Airbnb? Can he be arrested in Australia?

A: The protection order you obtained in New Zealand is not valid unless an order is made enforcing it in Australia. Not all countries will recognise and enforce a protection order made in New Zealand, but fortunately all states in Australia have legislation enabling them to register/enforce a protection order made in New Zealand without you needing to apply “from scratch”.

The police in New South Wales may be reluctant to intervene until the protection order is enforced there.

Therefore, unless you will be returning to New Zealand immediately, you should take steps to have the protection order enforced in New South Wales. You can do this by making a request in writing to the registrar of the particular Family Court in New Zealand that granted you the protection order.

The registrar, after checking whether the protection order can be enforced in the foreign country, will contact the relevant court or authority in the foreign country to arrange for the protection order to be enforced. I would recommend you re-engage the family lawyer you used to assist you to obtain the protection order to help you with this process (or another lawyer if they are not available).

To increase your chances of staying safe, you could consider returning to New Zealand until arrangements have been made to enforce the protection order in Australia, and then returning at that point.

Alternatively, you could also seek legal advice from a lawyer in Sydney and/or New South Wales police on your prospects of obtaining an Apprehended Violence Order (the equivalent of a protection order in New Zealand) in case this route would be quicker.

There are some lawyers that deal in both Australian and New Zealand laws, so these lawyers could also be helpful given the jurisdictional issues.

You should also contact the New Zealand police and provide a statement about what has occurred. The New Zealand police could, at their discretion, prosecute your ex-partner once he returns to New Zealand. Your ex-partner might be arrested at the airport on his return to New Zealand.

Once charged, he will need to appear at the criminal court and, if found guilty, could face a maximum penalty of up to three years’ imprisonment. You should provide the police with a copy of all the text message correspondence you and your mother received.

It is best not to respond or interact in any way with your ex-partner. If you can, you should block him from contacting you via either social media or telephone.

Although the Australian police may not be able to arrest and charge your ex-partner with breaching the protection order until it is registered in New South Wales, I still recommend you contact and make them aware of the situation.

They may be able to assist you in case anything unfolds in the future. You should provide them with a copy of the protection order made in New Zealand.