205Preventing removal of child or young person from New Zealand

1. This section applies where—

2. an application is made to the court for a care or protection order, or for an order under section 207K or section 207Q, in relation to a child or young person; and
3. any District Court Judge or, if no District Court Judge is available, any Registrar (not being a constable) is satisfied that there are reasonable grounds for believing that any person is about to take that child or young person out of New Zealand.

4. Where this section applies, the District Court Judge or Registrar—

5. may order that any tickets or travel documents (including the passport) of the child or young person, or of the person believed to be about to take the child or young person out of New Zealand, or of both, be surrendered to the court for such period and upon such conditions as the court thinks fit; and
6. may, in addition, issue a warrant directing the chief executive or any constable to take possession of the child or young person and place the child or young person in the custody of the chief executive pending the order or further order of the court.

7. The function of executing a warrant issued in the name of the chief executive may be performed by a social worker or any other person authorised under a delegation to carry out that function (see section 7C).

8. A delegate or a constable executing a warrant may use such reasonable force as may be necessary to do so.

9. Any person against whom an order under subsection (2)(a) is in force may apply to the court for the discharge of the order, and the court, in its discretion, may discharge the order.

10. Section 123 shall apply, with all necessary modifications, in relation to every warrant issued under subsection (2) as if every such warrant were a warrant issued under section 122 (which relates to the enforcement of rights of access).