Care of Children Act 2004

95 Interpretation

• In this subpart, unless the context otherwise requires,—

  applicant means a person by whom or on whose behalf an application has been made under section 102 or, as the case requires, section 103 or section 105 or section 112 or section 113

  Authority means the Central Authority for New Zealand designated by section 100(1)

  Central Authority has the meaning it has in the Convention

  child means a person under the age of 16 years

  Contracting State means a country that, under section 98, is a Contracting State

  Convention means the Convention on the Civil Aspects of International Child Abduction signed at The Hague on 25 October 1980, a copy of which is set out in Schedule 1

  habitual residence, in relation to a Contracting State that in matters relating to the custody of children has 2 or more systems of law applicable in different territorial units, means habitual residence in a territorial unit of that State

  law means,—

  • (a) in relation to a Contracting State that in matters relating to the custody of children has 2 or more systems of law applicable in different territorial units, the law of the territorial unit of that State in which the relevant child habitually resides:

  • (b) in relation to a Contracting State that in matters relating to the custody of children has 2 or more systems of law applicable to different categories of persons, the legal system specified by the law of that State

  person includes any institution or other body having rights of custody in respect of a child

  removal, in relation to a child, means the wrongful removal or retention of the child within the meaning of Article 3 of the Convention

  rights of access include—

  • (a) the right to visit a child (for example, under an order for contact made under this Act); and

  • (b) the right to take a child for a limited period of time to a place other than the child’s habitual residence (for example, under an order for contact made under this Act)

  rights of custody has the meaning given to it by section 97

  United Nations International Covenants on Human Rights means the following, adopted by the General Assembly of the United Nations on 16 December 1966:

  • (a) the International Covenant on Civil and Political Rights:

  • (b) the International Covenant on Economic, Social, and Cultural Rights.

  Compare: 1991 No 19 s 2