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Oranga Tamariki Act 1989

Trans-Tasman transfer of protection orders and protection proceedings - Transfer of protection orders from New Zealand by chief executive

207E: Chief executive to have regard to certain matters

You could also call this:

"Chief executive must consider what's best for the child when making big decisions about their safety and care."

Illustration for Oranga Tamariki Act 1989

When the chief executive is deciding whether to transfer a protection order, they must think about certain things. They must consider the principles in sections like sections 4A(1), 5, and 13. They must also think about what a plan for the child or young person's care should include, as outlined in section 130 and prepared under section 128.

The chief executive must think about whether someone in another place is better suited to make decisions about the child or young person's protection. They must also consider if it would be better for the protection order to be made under the laws of the place where the child or young person lives.

The chief executive has to weigh all these factors when making their decision about transferring a protection 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=DLM152110.

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207D: Chief executive may transfer protection order, or

"The boss of Oranga Tamariki can move a protection order to another country if it's safe and fair for you."

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207F: Consent required, or

"Getting permission to move a child's protection order to another country"

Part 3ATrans-Tasman transfer of protection orders and protection proceedings
Transfer of protection orders from New Zealand by chief executive

207EChief executive to have regard to certain matters

  1. In deciding whether to transfer a protection order, the chief executive must have regard to—

  2. the principles referred to in sections 4A(1), 5, and 13; and
    1. the matters that section 130 requires a plan prepared under section 128 to specify, contain, or state; and
      1. whether an interstate officer is in a better position to exercise powers and responsibilities under a protection order relating to the child or young person than the person exercising those powers and responsibilities under the protection order; and
        1. the desirability of a protection order being an order under the child welfare law of the place where the child or young person resides.

          Notes
          • Section 207E: 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 207E(a): amended, on , by section 98 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).