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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

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

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

When a court decides to transfer a protection order, it must choose terms that are similar to what the other state allows. You need to know that the court will look at what is best for the child or young person. The court can include conditions in the new order that the other state would allow in a similar order.

The court must decide how long the new order will last and write this down. This period starts when the new order is registered in the other state. The length of time must be allowed under the other state's laws and be what the court thinks is best.

The court does not consider how long a similar order can last in the other state when deciding if the terms are similar. It just looks at what is best for you and what the other state's laws say. The court's decision is based on the child welfare law of the participating state, and you can find more information about this law by looking at the Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM152131.

Topics:
Crime and justice > Victim supportFamily and relationships > Children and parenting
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207M: Court to have regard to certain matters, or

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

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207O: Appeal against order for transfer, or

"Challenging a court decision to change a protection order"

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

207NTerms, conditions, and duration of order to be transferred

  1. If a court orders that a protection order (the home order) be transferred, the terms of the protection order to be transferred (the interstate order) must be terms that could be the terms of a protection order made under the child welfare law of the participating State and that the court considers to be—

  2. to the same or a similar effect as the terms of the home order; or
    1. otherwise appropriate for the child or young person.

      1. The court may include in the interstate order any conditions that could be included in a protection order of that type made in the participating State.

      2. In determining whether terms that could be the terms of a protection order made under the child welfare law of the participating State are to the same or similar effect as the terms of the home order, the court must not take into account the maximum period for which such an order can have effect in that State.

      3. The court must determine, and specify in the interstate order, the period for which the interstate order is to remain in force.

      4. The period must be a period—

      5. that commences on the date of the registration in the participating State of the interstate order; and
        1. that is possible for a protection order of the type of the proposed interstate order under the child welfare law of the participating State; and
          1. that the court considers appropriate.

            Notes
            • Section 207N: 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).