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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

207U: Appeal against order for transfer

You could also call this:

"Challenging a court decision to move a child protection case to a different court"

Illustration for Oranga Tamariki Act 1989

If you want to appeal a court order to transfer protection proceedings, you can appeal to the High Court under section 341. Your appeal is only about the law, not about the facts. You must appeal within 3 working days of the court order being made.

When you file your appeal, it stops the court order from happening until your appeal is finished, but it does not stop any interim orders. The High Court must hear and decide your appeal as soon as possible.

You can also look at section 344 for more information, but it does not apply to the timing of your appeal in this case.

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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=DLM152147.

Topics:
Crime and justice > Courts and legal help
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207T: Interim order, or

"A temporary decision to keep a child safe until a permanent one is made"

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207V: Review of order for transfer, or

"Checking a decision to move a child protection court case"

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

207UAppeal against order for transfer

  1. The following provisions apply to an appeal to the High Court under section 341 against an order that protection proceedings be transferred:

  2. the appeal is on a question of law only:
    1. the appeal must be brought within 3 working days after the day on which the order was made:
      1. despite section 344, the appeal operates on and after filing as a stay of the order appealed against (but not of any interim order made at the same time) until the appeal is withdrawn or finally determined:
        1. the appeal must be heard and determined by the High Court as soon as possible.

          Notes
          • Section 207U: 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 207U(a): amended, on , by section 29(1) of the Oranga Tamariki Amendment Act 2022 (2022 No 81).
          • Section 207U(b): replaced, on , by section 29(2) of the Oranga Tamariki Amendment Act 2022 (2022 No 81).