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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

207S: Court to have regard to certain matters

You could also call this:

"The court thinks about what's best for the child when making big decisions about their care and safety."

Illustration for Oranga Tamariki Act 1989

When you are in court for a case about transferring protection proceedings, the court thinks about some important things. The court considers if there are other cases about the child or young person happening or that have already happened in another country. The court also thinks about where the child or young person lives, and where their parents and other important people live.

The court looks at where the important things that led to the court case happened. The court thinks about what is best for the child or young person, using principles from sections 4A(1), 5, and 13. The court decides if someone in New Zealand or someone in another country should be in charge of the protection order for the child or young person.

The court also thinks about if it would be better for the protection order to be made in the country where the child or young person lives. You should know that the court wants to make the best decision for the child or young person, and they consider many things when making this decision.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM152143.

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Crime and justice > Courts and legal helpFamily and relationships > Children and parenting
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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

207SCourt to have regard to certain matters

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

  2. whether any other proceedings relating to the child or young person are pending, or have previously been heard and determined, under the child welfare law in the participating State; and
    1. the place or places where any of the matters giving rise to the proceedings in the court occurred; and
      1. the place of residence, or likely place of residence, of the child or young person, their parents, and of any other people who are significant to the child or young person; and
        1. the principles referred to in sections 4A(1), 5, and 13; and
          1. whether the chief executive or an interstate officer is in the better position to exercise powers and responsibilities under a protection order relating to the child or young person; 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 207S: 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 207S(c): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
              • Section 207S(d): amended, on , by section 100 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).