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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 order of court

207M: Court to have regard to certain matters

You could also call this:

"The court thinks about what's best for the child when making decisions about protection orders."

Illustration for Oranga Tamariki Act 1989

When you are applying to transfer a protection order from New Zealand, the court considers your application. The court must think about the principles in sections 4A(1), 5, and 13 when making a decision. The court also thinks about whether someone in another place is better suited to help the child or young person, and if it is better for the protection order to be from where the child or young person lives. The court looks at these things when deciding about your application under section 207K.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM152129.

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207L: Service of application, or

"Notifying people about a court application to Oranga Tamariki"

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207N: Terms, conditions, and duration of order to be transferred, or

"What happens when a protection order is moved to another state: rules and time limits"

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

207MCourt to have regard to certain matters

  1. In considering an application under section 207K, the court must have regard to—

  2. the principles referred to in sections 4A(1), 5, and 13; 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 207M: 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 207M(a): amended, on , by section 99 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).