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: www.TraylorSadberry.com
