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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

207V: Review of order for transfer

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

If you want to review an order to transfer protection proceedings, you must do this within 3 working days. You cannot extend this 3-working day period. This means you have to act quickly if you want to review the order.

If you bring a review and you have also appealed to the High Court under section 341 against the same order, the High Court will hear both matters together. This will happen unless the High Court thinks it is impractical to do so in your particular case. The High Court has not yet started to hear your appeal in this situation.

The High Court's decision to hear both matters together or separately depends on the circumstances of your case. You will need to wait for the High Court to make a decision about how to proceed. The court will consider what is best for your 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=DLM152149.

Topics:
Crime and justice > Courts and legal help
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207U: Appeal against order for transfer, or

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

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207W: Transferred proceedings discontinued, or

"When a court case is moved to another country, it stops in New Zealand."

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

207VReview of order for transfer

  1. Any review proceedings in respect of an order that protection proceedings be transferred must be brought within 3 working days after the day on which the order was made, and the 3-working day period cannot be extended.

  2. Subsection (3) applies if a person—

  3. brings review proceedings in respect of an order that protection proceedings be transferred; and
    1. has also appealed to the High Court under section 341 against that order, and the High Court has not yet started to hear the appeal.

      1. If this subsection applies in accordance with subsection (2), the High Court must hear both matters together, unless it considers it impracticable in the particular circumstances of the case to do so.

      Notes
      • Section 207V: 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).