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Oranga Tamariki Act 1989

Provisions relating to procedure in respect of proceedings under Parts 2 and 3A - Miscellaneous provisions

206: Offence to take child or young person out of New Zealand where proceedings pending

You could also call this:

"It's against the law to take a child out of New Zealand without court permission if someone is trying to get a care order for them."

Illustration for Oranga Tamariki Act 1989

If you take a child or young person out of New Zealand without the court's permission, you can get in trouble. This happens when you know someone is about to ask the court for a care or protection order, or for an order under section 207K or section 207Q, for that child or young person. You could go to prison for up to 3 months or have to pay a fine of up to $2,000.

If you do something like this, you will not be in trouble for disobeying the court. The court will deal with you under this law instead.

You need to be careful and follow the rules when it comes to children and young people, especially if the court is involved.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM151670.

Topics:
Family and relationships > Children and parentingCrime and justice > Criminal law
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205: Preventing removal of child or young person from New Zealand, or

"Stopping someone from taking a child out of New Zealand if it's not safe"

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206A: Leave required in certain cases to commence substantially similar proceedings, or

"Getting permission to start a new court case if you've had a similar one before"

Part 3Provisions relating to procedure in respect of proceedings under Parts 2 and 3A
Miscellaneous provisions

206Offence to take child or young person out of New Zealand where proceedings pending

  1. Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $2,000 who, without the leave of the court, takes or attempts to take any child or young person out of New Zealand knowing that an application for a care or protection order, or for an order under section 207K or section 207Q, in respect of that child or young person is about to be made or that a determination of any such application is pending.

  2. No proceedings for contempt of court shall be taken against any person in respect of any act to which this section applies.

Compare
  • 1968 No 63 s 20(3), (4)
  • 1979 No 52 s 3(1)
Notes
  • Section 206(1): amended, on , by section 96 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
  • Section 206(1): amended, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
  • Section 206(1): amended, on , by section 6 of the Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).