Care of Children Act 2004

121 Costs of returning child: order for payment or refund when order under section 105(2) applied for or made

  • (1) A court that makes an order under section 105(2) for the return of a child may, if it thinks just, make an order directing that the whole or part of any costs of (or incidental to) returning the child in accordance with the order (for example, the cost and travelling expenses of any necessary escort) must be paid by the person who removed the child to New Zealand.

    (2) If a court makes an order under section 105(2) for the return of a child, and the whole or part of any costs of (or incidental to) returning the child in accordance with the order (for example, the cost and travelling expenses of any necessary escort) are paid by the Crown,—

    • (a) the court may, on an application by the Authority, order the person who removed the child to New Zealand to refund to the Crown any amount the court specifies in respect of the costs so paid by the Crown; and

    • (b) the amount ordered to be refunded is a debt due to the Crown by that person, and is recoverable accordingly in a court of competent jurisdiction.

    (3) Subsection (4) applies to a District Court if—

    • (a) an application is made under section 103 in respect of a child; and

    • (b) the child is returned voluntarily; and

    • (c) that return is due, in whole or in part, to the intervention of the Authority; and

    • (d) any costs of (or incidental to) returning the child (for example, the cost and travelling expenses of any necessary escort) are paid by the Crown or by any other person (other than the person who removed the child to New Zealand).

    (4) In the situation specified in subsection (3),—

    • (a) the District Court may, on an application by the Authority (in a case where a refund of the costs is sought on behalf of the Crown), or (in any other case) by that other person, order the person who removed the child to New Zealand to refund to the Crown or, as the case may be, to that other person any amount the court specifies in respect of the costs so paid by the Crown or that other person; and

    • (b) the amount ordered to be refunded is a debt due to the Crown or, as the case may be, that other person, by the person who removed the child to New Zealand, and is recoverable accordingly in a court of competent jurisdiction.

    Compare: 1991 No 19 s 28(1)–(3)