Oranga Tamariki Act 1989

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

207H: Conditions and duration of order to be transferred

You could also call this:

"Rules for transferring a protection order to another state, including conditions and how long it lasts"

Illustration for Oranga Tamariki Act 1989

When the chief executive wants to transfer a protection order to another state, they can include conditions in the new order that are similar to the ones in the original order. You will have the same conditions as the original order, if that is allowed by the law of the other state. The chief executive must decide how long the new order will last and write that down in the order.

The time period for the new order starts from the date it is registered in the other state. The chief executive tries to make the time period the same as the original order, if that is possible under the law of the other state. If it is not possible, the chief executive chooses a time period that is as close as possible to the original one, but not longer.

The chief executive follows the law of the other state when deciding the time period for the new order, as outlined in the Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999.

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This page was last updated on 25 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM152117.

Topics:

Crime and justice > Victim supportFamily and relationships > Children and parenting

207G: Consultation required, or

"The chief executive must talk to people helping you before making big decisions about your care."

207I: Notice of decision to transfer, or

"Told when your care is being moved to someone else"

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

207HConditions and duration of order to be transferred

The chief executive may include in the proposed interstate order any conditions that may be included in a protection order of that type made in the participating State.
The chief executive must determine, and specify in the interstate order, the period for which the interstate order is to remain in force.
The period must be a period—
that commences on the date of the registration of the interstate order in a participating State; and
that is—
1. the same as the period of the home order, if that is possible under the child welfare law of the participating State; or
2. in any other case, as similar a period as is possible under that law but in no case longer than the period of the home order.

Notes

Section 207H: inserted, on 1 November 1999, 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).