Wednesday, September 5, 2018

Ayn Traylor Sadberry, New Zealand Family Court invokes local Domestic Violence Act

New Zealand Family Court invokes local Domestic Violence Act to enter permanent restraining order against U.S. resident based on findings that he has been harassing and trying to control former girlfriend’s life in New Zealand

In September 1998, Ms. Deborah Taylor had originally obtained a temporary protection order against Kevin Nudd from a Family Court under New Zealand’s Domestic Violence Act of 1995. There was, however, no service upon Nudd who was then and is now residing in the United States though he often visits Australia. Ms. Taylor obtained a further temporary protection order in July 1999 which she did succeed in serving upon Nudd. 

Since 1980, the parties have had a stormy on-and-off relationship which had worsened during the last two years. In 1995, they had a son, Shelby. Ms. Taylor later asked for a protection order because Nudd kept on contacting her directly and through her New Zealand relatives with a relentless zeal that she found stifling and against which she wanted some legal protection. 

The evidence at the hearing showed that Nudd had been making harassing and coercive telephone calls to Ms. Taylor up to six times a day. He also bombarded her with mail. Moreover, Nudd had often expressed his firm intention to keep up a relationship with Ms. Taylor which she did not want, and found frightening. Failing that, he wished to maintain control over Ms. Taylor’s life. He has made several efforts to enter New Zealand which the government rejected, allegedly because of his previous drug activities involving the U.S. and Australian police. 

In entering the permanent order, the Court declares: “There is evidence of him having arranged for others to visit her in Australia and of him instructing a private investigator in New Zealand, presumably for the purpose of keeping tabs on her. Although it seems unlikely that Mr Nudd will obtain entry to New Zealand in the immediate future and hence be a physical threat to Ms Taylor, there is ample evidence of him contacting her in New Zealand from overseas in a way which constitutes emotional abuse and hence psychological violence under the Domestic Violence Act.” [N/A]

Citation: Taylor v. Nudd, [2000] N.Z.F.L.R. 391 (N.Z. Fam. Ct. Otahuhu).

Ayn Traylor-Sadberry is a domestic relations, probate & criminal attorney in Birmingham, Alabama. Ms. Traylor-Sadberry received her B.A. degree in 1966 from the University of Oklahoma, her M.A. in 1973 from the University of Oklahoma, and her Juris Doctor from Howard University in 1981. She was admitted as an attorney in Alabama in 1989. Website: