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Oranga Tamariki Act 1989

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

207R: Service of application

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

When the chief executive makes an application to the court under section 207Q, the court must give a copy of the application to the child's parents or the people the child lives with. The court must also give a copy to the child, unless the child is too young to understand what the application is about. You are allowed to go to court and have your say if you get a copy of the application. The court can decide not to give a copy of the application to someone if section 155 says it is okay to do so.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM152141.

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

207RService of application

  1. As soon as possible after the chief executive files in a court an application under section 207Q, the Registrar of the court must serve a copy of the application on—

  2. each parent of the child or young person concerned or other person with whom the child or young person concerned is living; and
    1. the child or young person concerned, unless the child or young person is incapable of understanding the application because of their level of maturity.

      1. Section 155 (Court may dispense with service) applies, with any necessary modification, to the service of a copy of the application.

      2. A person served with proceedings under subsection (1) is entitled to appear and be heard as a party to the proceedings.

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