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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

207F: Consent required

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

This section is about transferring protection orders from New Zealand. You need to know when this section applies to you. It applies if you have a certain type of order, like a support order made under section 91, or a custody order made under section 101.

If this section applies, you must get consent from certain people to transfer the order. You need consent from each parent of the child, except if the parent lives in the country where the order is being transferred. You also need consent from each guardian, except the chief executive, and from people who care for the child.

There is an exception - if the chief executive cannot find someone after trying really hard, they do not need that person's consent. This is according to the Oranga Tamariki Act 1989 and the Care of Children Act 2004.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM152112.

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

207FConsent required

  1. This section applies if—

  2. the home order is a support order made under section 91; or
    1. the home order is a custody order made under section 101 placing the child or young person in the custody of any of the persons specified in paragraphs (a) to (d) of that section; or
      1. the home order is a custody order made under section 101(e) and made subject to a condition that the chief executive supervises the order; or
        1. the home order is a sole guardianship order made under section 110.

          1. If this section applies, consent to the transfer of the order is required from—

          2. each parent of the child or young person (other than a parent who resides, or intends to reside, in the relevant participating State); and
            1. each guardian of the child or young person (other than the chief executive); and
              1. each person who,—
                1. under this Act, has custody of, or is given access to, or has the care of, the child or young person; or
                  1. under the Care of Children Act 2004 or under an order under that Act, has the role of providing day-to-day care for, or may have contact with, that child or young person.

                  2. Despite this section, the consent of a person is not required if the chief executive is not able to locate the person after having made all reasonable efforts to locate the person.

                  Notes
                  • Section 207F: 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 207F(1)(c): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
                  • Section 207F(2)(c): replaced, on , by section 151 of the Care of Children Act 2004 (2004 No 90).