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Oranga Tamariki Act 1989

Trans-Tasman transfer of protection orders and protection proceedings - Transfer of protection orders and protection proceedings to New Zealand

207ZB: Hearing and determination of transferred proceedings

You could also call this:

"When another country's court case comes to New Zealand, our court looks at it again from the start."

Illustration for Oranga Tamariki Act 1989

If a court in New Zealand gets an order from another country to take over a protection case, the court will look at it. The court does not have to agree with what the other court found. You can think of it like a fresh start. The court can look at what happened in the other court, like what people said or what evidence was shown. This happens when the order is registered under section 207X.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM152162.

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Part 3ATrans-Tasman transfer of protection orders and protection proceedings
Transfer of protection orders and protection proceedings to New Zealand

207ZBHearing and determination of transferred proceedings

  1. If an order made under an interstate law for the transfer to New Zealand of protection proceedings is registered in a court under section 207X, the court—

  2. is not bound by any finding of fact made in the proceedings in the Children's Court in the sending State; and
    1. may have regard to any transcript of, or evidence adduced in, the proceedings in the Children's Court in the sending State.

      Notes
      • Section 207ZB: 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).