Oranga Tamariki Act 1989

Trans-Tasman transfer of protection orders and protection proceedings - Interpretation

207B: Interpretation

You could also call this:

"What special words mean in the Oranga Tamariki Act 1989"

Illustration for Oranga Tamariki Act 1989

When you read this part of the Oranga Tamariki Act 1989, some words have special meanings. A child welfare law refers to certain parts of this Act, such as Parts 2 and 3, or a law from another country that is similar. The Children's Court is the court that deals with cases about children.

You need to know what some other words mean too. An interim order is a temporary decision made by a court, like the one under section 207T. An interstate law is a law from another country that is similar to this part of the Act. An interstate officer is someone who works with children in another country.

A participating State is a place in Australia where an interstate law is in force. A protection order is a decision made by a court to keep someone safe, which is explained in section 207C. Protection proceedings are court cases about protection orders.

Review proceedings are court cases where someone asks a court to review a decision. A sending State is a place that transfers a protection order or court case to New Zealand. A young person can be someone who is 18 years old or older, and still has a guardianship order.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM151679.


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207A: Purpose of Part, or

"Helping kids who need care or protection, no matter where they live in New Zealand or Australia."


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207C: Meaning of protection order, or

"A protection order is a decision that says who takes care of a child or young person."

Part 3ATrans-Tasman transfer of protection orders and protection proceedings
Interpretation

207BInterpretation

  1. In this Part, unless the context otherwise requires,—

    child welfare law means—

    1. Parts 2 and 3; or
      1. a law of a participating State that—
        1. corresponds to Parts 2 and 3; or
          1. is declared to be a child welfare law for the purposes of this Part by regulations made under section 447(aa)

          Children's Court, in relation to a participating State, means the court with jurisdiction to hear and determine protection proceedings at first instance

            interim order means—

            1. an order under section 207T; or
              1. an equivalent order made under an interstate law

                interstate law, in relation to a participating State,—

                1. means a law that corresponds to this Part; and
                  1. includes a law that is declared to be an interstate law for the purposes of this Part by regulations made under section 447(ab)

                    interstate officer, in relation to a participating State, means—

                    1. the holder of an office or position (by whatever name called) that is an office or position the holder of which is declared, in relation to that State, to be the interstate officer for the purposes of this Part by regulations made under section 447(ac); or
                      1. the holder of the office or position (by whatever name called) that, by or under the child welfare law of that State, has principal responsibility for the care or protection of children and young persons in that State

                        participating State means a State or Territory of Australia in which an interstate law is in force

                          protection order has the meaning given to it by section 207C

                            protection proceedings means—

                            1. proceedings in a court or a Children's Court under a child welfare law for the making, variation, discharge, or revocation of a protection order or interim order, or for the extension of any period of such an order; or
                              1. proceedings in a court or a Children's Court under a child welfare law (for example, proceedings for a care or protection order) for a declaration or finding (by whatever name called)—
                                1. that a child or young person is in need of care or protection; and
                                  1. that empowers the court or Children's Court to make a protection order

                                  review proceedings means proceedings—

                                  1. by way of an application for review under the Judicial Review Procedure Act 2016; or
                                    1. by way of an application for mandamus, injunction, prohibition, or certiorari; or
                                      1. by way of an application for a declaratory judgment

                                        sending State means the participating State from which a protection order or protection proceedings are transferred to New Zealand under this Part and the interstate law of that State

                                          young person includes a person—

                                          1. who is 18 years old or older; and
                                            1. to whom a guardianship order made under section 110 applies.

                                            Notes
                                            • Section 207B: inserted, on , by section 3 of the Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
                                            • Section 207B protection proceedings paragraph (b): amended, on , by section 27 of the Oranga Tamariki Amendment Act 2022 (2022 No 81).
                                            • Section 207B review proceedings paragraph (a): amended, on , by section 24 of the Judicial Review Procedure Act 2016 (2016 No 50).
                                            • Section 207B young person paragraph (a): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).