This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 1 January 1999, provide for the delegation of some of the functions of the New Zealand Central Authority under the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption to public authorities and New Zealand accredited bodies. New Zealand acceded to the Convention on 18 September 1998. The Director-General of Social Welfare is the person with the authority to make the actual delegations.
The following functions may be delegated under regulation 3(1):
collecting, preserving, and exchanging information about the situation of the child and the prospective adoptive parents, so far as is necessary to complete the adoption
facilitating, following, and expediting proceedings with a view to obtaining the adoption
promoting the development of adoption counselling, and post-adoption services in New Zealand
providing general evaluation reports about experience with intercountry adoption
replying, in so far as is permitted by the law of New Zealand, to justified requests from other Central Authorities or public authorities for information about a particular adoption situation:
preparing reports, including information about applicants' identity, eligibility and suitability to adopt, background, family and medical history, social environment, reasons for adoption, ability to undertake an intercountry adoption, as well as the characteristics of the children for whom they would be qualified to care:
ensuring that transfers take place in secure and appropriate circumstances and, if possible, in the company of the adoptive or prospective adoptive parents
if the transfer of the child does not take place, the sending back of the reports referred to in Articles 15 and 16 to the authorities who forwarded them:
Regulation 3 also prohibits the delegation of certain functions. These are set out in regulation 3(2).
Where an assessment or report-writing function has been delegated to an accredited body, regulation 4 provides that no other Convention functions may be delegated to that body.
As the Convention contains a number of references to a
“competent authority” or
“competent authorities”, regulation 5 defines, in relation to New Zealand, which persons and bodies are competent authorities for the purpose of the Convention.