Bail Conditions

In New Zealand, the law regarding bail in family violence cases changed significantly in 2019 to prioritize victim safety as the primary consideration. When an abuser is released on bail, they are still under the jurisdiction of the court, and you have specific rights to ensure your protection.

1. Your Right to be Heard

Before bail is granted, the Police and prosecutors are required to seek your views.

Opposing Bail: You can tell the Police if you are afraid for your safety. While the final decision rests with the Judge, the prosecutor must present your concerns to the court.
Geographic Restrictions: You can suggest “exclusion zones”—specific areas the abuser is not allowed to enter (e.g., your street, your workplace, or your children’s school).

2. Common Bail Conditions

In family violence cases, the court usually imposes “Special Conditions.” It is helpful to know exactly what these are for your abuser:

Non-Association: They are strictly forbidden from contacting you or your children, including through third parties (like friends or family) or social media.
Residential Condition: They must live at a specific address approved by the court.
Curfew: They may be required to be at that address between certain hours (e.g., 7 PM to 7 AM).
EM Bail: If they are on Electronically Monitored bail, they wear a GPS anklet. If they leave their property or enter an exclusion zone, an alert is sent to the monitoring center and the Police.

3. The Victim Notification Register (VNR)

Registration is not automatic. If you want to be officially kept in the loop, you must apply.

What it does: It ensures you are notified if the abuser is released on bail, if they escape, or if their conditions change.
How to join: Ask the Police officer in charge of your case or your Court Victim Advisor for the VNR form. You can also get help from Victim Support (0800 842 846).

4. What to do if they Breach Bail

A breach of bail is not always a new criminal offense, but it is a serious violation that can result in the abuser being arrested and held in custody until their trial.

Report Immediately: If you see them where they shouldn’t be, or if they try to call or message you, call 111 if you feel in danger. For non-urgent reporting of a known breach (e.g., you saw them at the supermarket when they have a curfew), call 105.
Keep Evidence: Do not delete texts, call logs, or emails. Take screenshots. If you see them in person, do not stay to take a photo—get to safety first.
The “Zero Tolerance” Rule: You do not have to “give them a chance.” Reporting every single breach, no matter how small, creates a paper trail that helps the court understand the risk they pose.

5. Police Safety Orders (PSO) vs. Bail

If the Police attend an incident but do not have enough evidence to arrest and charge the abuser immediately, they can issue a Police Safety Order (PSO).

This can last up to 10 days.
It requires the person to leave the house immediately and have no contact with you.
A PSO does not result in a criminal record, but breaching it allows the Police to take them into custody immediately.

In New Zealand, the situation where an abuser lists the victim’s home as their “proposed bail address” without consent is a common tactic used to maintain proximity and control. This can be terrifying, but the NZ legal system has specific safeguards to prevent this from happening.

Here is exactly what you need to know and the steps you must take to stop it.

1. The Law: Silence is Not Consent

Under the Bail Act 2000, the court must consider the safety of the victim and any children when deciding on a bail address.

The Rule: An abuser cannot simply “appoint” your house as their bail address. For a bail address to be approved, the occupant (you) usually needs to be contacted by the Police or Department of Corrections (Probation) to verify that the address is available and suitable.
Your Right: You have the absolute right to say “No.” You do not need a “good enough” reason; the fact that you do not want them there is sufficient.

2. What to do if the Police/Probation Call You

If a Police officer or a Bail Support Officer calls to “verify” the address:

Be Direct: State clearly: “I do not consent to [Abuser’s Name] being bailed to this address. I do not feel safe, and I am a victim of their offending.”
Mention the Children: If there are children in the house, tell them: “There are children living here, and having the defendant at this address would be a safety risk to them.”
Reference the Protection Order: If you have a Protection Order (even a temporary one), tell the officer immediately. A person cannot be bailed to an address where a Protection Order is in force against them.

3. What if the Court Hearing is Happening Now?

If you discover the abuser is in court right now trying to use your address:

Call the Court: Contact the Victim Advisor at the District Court where the hearing is taking place. Victim Advisors are there specifically to help you navigate this. Tell them you are the victim and you oppose the bail address.
Call the Police: Contact the officer in charge of the case (the O/C). If you don’t know who that is, call 105 and give the defendant’s name. Tell them: “The defendant is proposing my address for bail and I strongly oppose it.”

4. The “Safety Check” (EM Bail)

If the abuser is applying for Electronically Monitored (EM) Bail, the process is even stricter:

A Probation Officer must interview all occupants of the house.
They will ask if you feel safe and if you understand what EM bail involves.
If you say you are not comfortable, the EM Bail application will almost always be declined for that specific address.

5. Managing the Manipulation (The “Sanity” Check)

Abusers often use “Flying Monkeys” (family or friends) to pressure you into accepting the bail address. They may say:

“He’ll have to stay in prison if you don’t say yes.”
“You’re being cruel; he has nowhere else to go.”

The Sanity Anchor: It is not your responsibility to find them a place to live. Their incarceration is a result of their own actions and the legal process. By saying “No,” you are not being “mean”—you are maintaining a Safety Boundary.

6. What to do if they are mistakenly Bailed to your House

Errors occasionally happen in the court system. If the abuser shows up at your door saying “The Judge bailed me here”:

Do not let them in.
Call 111 immediately.
Tell the operator: “The defendant in a family violence case has been bailed to my address without my consent. I have a Protection Order (if applicable) and I am in danger.”
The Police will usually come and arrest them for a breach of bail conditions or relocate them immediately.

Action Steps for Your Safety Plan

Save the Case Number: Keep your Police file number (e.g., 240101/1234) handy.
Victim Notification Register (VNR): If the offending is serious, ask the Police about joining the VNR so you are automatically notified of any bail applications or releases.
Call Women’s Refuge (0800 REFUGE): They can help you write a letter to the Court/Police formally opposing the bail address.

It can be incredibly distressing when an abuser attempts to use your home as their “safety net.” In New Zealand, this is technically a Bail Address Proposal, and you have significant legal rights to prevent it.

Below is a template and a guide to ensuring the Court and Police know you do not consent.

1. The Formal Opposition Template

You can send this via email to the Police Officer in Charge (O/C) of the case and the Court Victim Advisor.

To: [Police O/C Name / Victim Advisor] Subject: URGENT: Opposition to Proposed Bail Address – [Defendant Name] – [Police File/Court Case Number]

Dear [Name],

I am writing to formally record my opposition to [Defendant Name] being bailed to my address at [Your Address].

I have been informed that the defendant has proposed this location for their bail. Please be advised of the following:

Lack of Consent: I do not consent to the defendant residing at this address.

Safety Concerns: As the victim of the alleged offending, I do not feel safe with the defendant in my proximity. [Optional: I have children at this address, and their safety is my primary concern.]

Protection Order: [If applicable: There is a Protection Order in place against the defendant, and their presence here would be a direct breach of that order.]

I request that this information be provided to the Judge during the bail hearing. Please confirm that my opposition has been recorded on the file.

Regards, [Your Name] [Your Phone Number]

2. Key Legal Protections You Should Know

The “Suitability Report”

Before bail is granted to a specific address, the Department of Corrections (Bail Support Services) or the Police often conduct a suitability check.

The Interview: If they call or visit you, you are under no obligation to be “polite” or “accommodating.”
Your Response: Simply stating, “This address is not available for this person,” is often enough for the report to label the address as “unsuitable.”

The Role of the Victim Advisor

Every District Court in NZ has Victim Advisors. They are your direct link to the Judge’s ear.

Their Job: To tell the Judge how you feel about bail and name suppression.
How to find them: Call the Victims Information Line on 0800 650 654 and ask to be put through to the Victim Advisor at the specific court where the abuser is appearing.

3. Strategic “Sanity” Steps

The “Flying Monkey” Defense: If the abuser’s lawyer or family calls you to “guilt” you into accepting, you do not have to speak to them. You can say: “I am not discussing this matter. Please contact the Police O/C,” and hang up.
Electronic Monitoring (EM Bail): If they apply for EM Bail (the “ankle bracelet”), the check is even more rigorous. If you, as the primary occupant, say “No,” the application for that address will fail.
Victim Notification Register (VNR): If the abuser is in custody, ensure you are on the VNR. This ensures you are notified before they are released or if they apply for bail again.

4. What if the Order is Already Made?

If a Judge accidentally grants bail to your address (this is rare but can happen due to administrative errors):

Call 111 immediately. 2. Tell them: “The defendant has arrived at my house on a bail order I did not consent to. I am a victim of family violence and I have a Protection Order.”
The Police will treat this as a high-priority incident and will usually remove the person immediately.

To help you navigate this across New Zealand, I have organized the contact methods for Court Victim Advisors below.

In the NZ court system, Victim Advisors are regional specialists. You generally deal with the advisor at the specific District Court where the defendant is appearing, but there is a central “front door” to reach them all.

1. The Central Contact Point (All of NZ)

If you do not know which court the abuser is in, or you don’t have a direct number, use the Victims Information Line. They can look up your case and transfer you directly to the correct advisor.

Phone: 0800 650 654
Hours: 9am – 5pm, Monday to Friday (for Advisor transfers).
24/7 Service: The line is answered 24/7 for general information and support.

2. Regional Contact Details

While the 0800 number is the fastest way to get connected, here are the regional contact formats for the main centers. If you are emailing, always include the Defendant’s Name and Police File Number (found on your copy of the statement or charge sheet).

Region	Email Format (General)	Phone (via Victims Info Line)
Auckland (Central)	csv.auckland@justice.govt.nz	0800 650 654
Waitakere/Henderson	csv.waitakere@justice.govt.nz	0800 650 654
North Shore/Rodney	csv.northshore@justice.govt.nz	0800 650 654
Wellington	csv1.wellington@justice.govt.nz	0800 650 654
Christchurch	csv.christchurch@justice.govt.nz	0800 650 654
Dunedin	csv.dunedin@justice.govt.nz	0800 650 654
Other Regions	csv.[courtname]@justice.govt.nz	0800 650 654

3. Critical Timing: When to Call

Victim Advisors are most effective before the bail hearing starts.

The First Appearance: If the person was arrested last night, they will likely be in court today (or Monday morning if it’s the weekend).
Your Strategy: Call at 9:00 AM sharp on the day of the hearing. Tell the operator: “I need to speak to the Victim Advisor for the [Region] District Court urgently regarding a bail opposition for a family violence case.”

4. The “Sanity Anchor” for Your Call

When you get through to the Advisor, keep your information focused on Risk and Consent. You don’t need to retell the whole history; focus on the bail address:

“The defendant has proposed my home as their bail address.”
“I do not consent to this. I do not feel safe with them at my property.”
“I want the Judge to know that if they are bailed to my address, they will be in direct proximity to me/my children.”

5. Other Agencies Who Can Assist

If you cannot get through to the Court Advisor, these two agencies can also relay your opposition to the Police prosecutor:

Victim Support: 0800 842 846 (Ask for a Court Advocate).
Women’s Refuge: 0800 733 843 (They have advocates who work daily inside the courts).