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

Question: 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?

Answer: 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. To read other suggestions about increasing the chances of keeping safe while in Australia and the jurisdictional issues between the two countries, read the full NZ Herald Ex-Files article here.