Enforcing New Zealand orders overseas

92 Enforcement of New Zealand orders overseas
  • (1) Subsection (2) applies to an order (not being an interim order or an order made without notice)—

    • (a) made by a court in New Zealand and about the role of providing day-to-day care for, or about contact with, a child; and

    • (b) that may be enforced in a particular prescribed overseas country under provisions corresponding to sections 81 and 82.

    (2) The Registrar of the court in which the order was made, or last varied, or filed in accordance with section 127, must send to the Secretary for transmission to an appropriate court or authority in that particular prescribed overseas country the information specified in subsection (3) if—

    • (a) that Registrar is requested to do so in accordance with section 93; and

    • (b) the request is made in writing by, or on behalf of, a person who, under the order, has the role of providing day-to-day care for, or may have contact with, the child.

    (3) The information referred to in subsection (2) is—

    • (a) 3 certified copies of the order; and

    • (b) the information and material (if any) that the Registrar possesses for ascertaining the identity and whereabouts of the child and any other person who is subject to the order; and

    • (c) a statement that the order is enforceable in New Zealand; and

    • (d) a request in writing that the order be made enforceable in that prescribed overseas country; and

    • (e) any other documents and information that the Registrar believes are necessary for securing the enforcement of the order in that prescribed overseas country.

    (4) If a court in a prescribed overseas country has made an order in proceedings about the role of providing day-to-day care for, or about having contact with, a child, being proceedings to which a provision corresponding to section 83(1) and (2) applies, a court in New Zealand—

    • (a) may treat the order as if it were an overseas parenting order registered in New Zealand; and

    • (b) may exercise jurisdiction accordingly in respect of the order.

    (5) If a court exercises jurisdiction under subsection (4), the Registrar of the court must promptly forward to the court in the prescribed overseas country—

    • (a) 3 certified copies of the further order of the court and the reasons for the order; and

    • (b) any further material the court directs.

    (6) If a person has the role of providing day-to-day care for, or may have contact with, a child, under an order made by a court in New Zealand, nothing in this section prevents that person from—

    • (a) obtaining certified copies of the order; or

    • (b) applying to a court or other appropriate authority in an overseas country (whether or not it is a prescribed overseas country) for enforcement, or registration and enforcement, of the order in that country.

    (7) Registration in an overseas country of an order made in New Zealand about the role of providing day-to-day care for, or about contact with, a child, does not prevent the expiry of the order or its variation or discharge under this Act.

    Compare: 1968 No 63 s 22L