Oranga Tamariki Act 1989

Trans-Tasman transfer of protection orders and protection proceedings - Transfer of protection orders from New Zealand by order of court

207K: Court may order transfer of protection order

You could also call this:

"The court can move a protection order to another country if it's best for the child."

Illustration for Oranga Tamariki Act 1989

A court can order a protection order to be transferred to another country if certain conditions are met. You need to know that the chief executive must apply to the court for the order to be transferred. The court must also get a report from a social worker about the child or young person, which covers matters that section 130 requires. The protection order cannot be appealed or reviewed, and the other country must agree to the transfer. The child or young person must not be subject to certain orders or sentences, such as those under the Sentencing Act 2002, and the chief executive must certify that there are no pending proceedings that could lead to the child or young person being made subject to such orders. Before making a decision, the court can ask for a family group conference to discuss the transfer. Reports from social workers are treated in the same way as reports under section 186, as stated in sections 188, 189, and 191 to 194.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM152124.


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


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

207KCourt may order transfer of protection order

  1. A court may order that a protection order be transferred to a participating State if—

  2. the chief executive applies to the court for the order to be transferred; and
    1. the court has obtained and considered, in relation to the child or young person, a report from a social worker that covers the matters that section 130 requires a plan prepared under section 128 to specify, contain, or state; and
      1. the protection order is not subject to an appeal to the High Court, or to any review proceedings; and
        1. the interstate officer of the participating State has consented in writing to the transfer of the protection order and to the proposed terms of the order to be transferred; and
          1. the child or young person is not subject to—
            1. an order made under paragraph (c), or any of paragraphs (k) to (o), of section 283; or
              1. a community-based sentence under the Sentencing Act 2002; or
                1. a sentence of home detention imposed under section 80A of the Sentencing Act 2002; and
                2. the chief executive certifies that neither the chief executive, nor any officer or employee of the department, knows of any charging document filed, or of any proceedings pending before the Youth Court or any other court, that could lead to the child or young person being made subject to an order or sentence referred to in paragraph (e).
                  1. Before deciding whether to order the transfer of a protection order, the court may direct a care and protection co-ordinator to convene a family group conference for the purpose of considering whether the transfer should be ordered, and sections 20 to 36 apply, with any necessary modification, to the convening of such a family group conference.

                  2. Sections 188, 189, and 191 to 194 apply to a report obtained from a social worker under subsection (1)(b) as if it were a report obtained from a social worker under section 186.

                  Notes
                  • Section 207K: 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 207K(1)(e)(ii): amended, on , by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).
                  • Section 207K(1)(e)(ii): amended, on , by section 186 of the Sentencing Act 2002 (2002 No 9).
                  • Section 207K(1)(e)(iii): inserted, on , by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).
                  • Section 207K(1)(f): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                  • Section 207K(1)(f): amended, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).