Oranga Tamariki Act 1989

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

207Q: Court may order transfer of protection proceedings

You could also call this:

"A court can move a child's protection case to a different court if it's better for the child."

Illustration for Oranga Tamariki Act 1989

A court can order protection proceedings to be transferred to another court in a different area if certain conditions are met. You need to know that the chief executive must apply to the court for this to happen, and the other area must agree to take the case. The child or young person must not be subject to certain orders or sentences, such as those made under section 283 of the Oranga Tamariki Act, a community-based sentence under the Sentencing Act 2002, or a sentence of home detention imposed under section 80A of the Sentencing Act 2002.

Before making a decision, the court may ask a care and protection co-ordinator to talk to the family and others involved to consider whether the transfer should happen. The court will look at whether the chief executive knows of any other cases that could affect the child or young person, and the chief executive must certify that they do not know of any charging documents filed or proceedings pending that could lead to the child or young person being made subject to certain orders or sentences.

The court can use sections 20 to 36 of the Oranga Tamariki Act to help make this decision, with some changes to suit the situation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM152138.


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207P: Review of order for transfer, or

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


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207R: Service of application, or

"Getting a copy of the court application so you can have your say"

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

207QCourt may order transfer of protection proceedings

  1. A court may order that protection proceedings pending in the court be transferred to the Children's Court in a participating State if—

  2. the chief executive applies to the court for an order that the proceedings be transferred; and
    1. the interstate officer of the participating State has consented in writing to the transfer of the proceedings; 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 (c).
              1. Before deciding whether to order that protection proceedings be transferred, 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.

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