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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

207I: Notice of decision to transfer

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

When the chief executive decides to transfer a protection order, they must tell you about it as soon as possible, but no later than 3 working days after making the decision. They must give notice to each of your parents and to you, unless you are too young to understand the notice. The chief executive does not have to give you a notice if they cannot find you, even after trying really hard. A notice must also tell you that you can ask for the decision to be reviewed in the High Court within 13 working days, and it must explain how you can do this.

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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=DLM152119.

Topics:
Family and relationships > Children and parentingRights and equality > Privacy
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207H: Conditions and duration of order to be transferred, or

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

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207J: Review of decision to transfer, or

"Checking a decision to move a protection order to someone else"

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

207INotice of decision to transfer

  1. As soon as practicable but in any event no later than 3 working days after deciding to transfer a protection order, the chief executive must give a notice of the decision to—

  2. each parent of the child or young person concerned; and
    1. the child or young person concerned, unless the child or young person is incapable of understanding the notice because of their level of maturity.

      1. A notice must also—

      2. state that the decision may be reviewed on certain grounds if, within 13 working days after the date of the decision, review proceedings are brought in the High Court and served on the chief executive; and
        1. inform the child, young person, or parent on whom it is served that the child, young person, or parent may bring review proceedings (or, as the case requires, have review proceedings brought on their behalf) and how, in general terms, the review proceedings may be brought.

          1. Nothing in this section requires the chief executive to give a person a notice if the chief executive is not able to locate the person after having made all reasonable efforts to locate the person.

          Notes
          • Section 207I: 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 207I(1)(b): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
          • Section 207I(2)(b): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).