Care of Children (International Child Abduction) (Forms) Rules 2005

Reprint
as at 22 April 2005

Crest

Care of Children (International Child Abduction) (Forms) Rules 2005

(SR 2005/98)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 18th day of April 2005

Present:
Her Excellency the Governor-General in Council

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These rules are administered by the Ministry of Justice.

Pursuant to section 146 of the Care of Children Act 2004, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following rules.

Rules

1 Title

  • These rules are the Care of Children (International Child Abduction) (Forms) Rules 2005.

2 Commencement

  • These rules come into force on 1 July 2005.

3 Forms

  • (1) An application under section 102(1) of the Care of Children Act 2004 must be in form 1 of the Schedule.

    (2) An application under section 112(1) of the Care of Children Act 2004 must be in form 2 of the Schedule.

4 Revocation

  • The Guardianship (International Child Abduction) (Forms) Rules 1991 (SR 1991/121) are revoked.

Schedule
Forms

r 3

Form 1
Application in accordance with the Hague Convention on the Civil Aspects of International Child Abduction for the return of a child abducted from New Zealand

r 3(1)

Section 102(1), Care of Children Act 2004

REQUESTING CENTRAL AUTHORITY OR APPLICANT: REQUESTED AUTHORITY:
   
This application concerns the following child: [insert full name of child to whom application relates], who will attain the age of 16 years on .................... 20...
NOTE: The following particulars should be completed in full where possible.
IIDENTITY OF THE CHILD AND HIS OR HER PARENTS
 Child 
 Name and first names: 
 Date of birth:  
 Place of birth:  
 Habitual residence before removal or retention: 
 Passport number or identity card number, if any:  
 Description [and attach a photograph, if possible]:  
 Mother 
 Name and first names:  
 Date of birth:  
 Place of birth:  
 Nationality: 
 Occupation: 
 Habitual residence: 
 Other contact details: 
 Passport number or identity card number, if any: 
 Father 
 Name and first names: 
 Date of birth: 
 Place of birth: 
 Nationality: 
 Occupation: 
 Habitual residence: 
 Other contact details: 
 Passport number or identity card number, if any: 
 Date and place of marriage or civil union of mother and father*: 
 *If mother and father have never married or been in a civil union with each other, state “Not married or in a civil union”.
IIREQUESTING INDIVIDUAL OR INSTITUTION (who actually exercised custody before the removal or retention):
 Name and first names:  
 Nationality of individual applicant: 
 Occupation of individual applicant: 
 Address:  
 Other contact details: 
 Passport number or identity card number, if any:  
 Relationship to the child: 
 Name and address of legal adviser, if any: 
IIIPLACE WHERE THE CHILD IS THOUGHT TO BE
 Information concerning the person alleged to have removed or retained the child:
 Name and first names: 
 Date of birth:  
 Place of birth:  
 Nationality:  
 Occupation:  
 Last known address:  
 Passport number or identity card number, if any: 
 Description [and attach a photograph, if possible]:  
 Address of the child: 
 Other persons who might be able to supply additional information relating to the whereabouts of the child: [give full name, address, and contact details, if possible].
  
  
IVTIME, PLACE, DATE, AND CIRCUMSTANCES OF THE WRONGFUL REMOVAL OR RETENTION
  
  
  
VFACTUAL OR LEGAL GROUNDS JUSTIFYING THE REQUEST
  
  
  
VICIVIL PROCEEDINGS IN PROGRESS
  
  
  
VIICHILD IS TO BE RETURNED TO
 Name and first names:  
 Date of birth:  
 Place of birth: 
 Address: 
 Telephone No: 
 Proposed arrangements for return of the child:
  
  
  
VIIIOTHER REMARKS
  
  
  
IXLIST OF DOCUMENTS ATTACHED
The following documents are attached:
*(a)certified copy of relevant parenting order or decision or agreement concerning custody or access (including contact between parent and child):
*(b)certificate or affidavit as to the applicable law:
*(c)information relating to the social background of the child:
*(d)photograph of the child:
*(e)photograph of the person alleged to have removed or retained the child:
*(f)other [specify].
*Delete if inapplicable.
I authorise the requested Central Authority and its agents to act on my behalf and to do all things reasonable and necessary in connection with this application.
Date: ...................................................................
Place: ...................................................................
Signature [or stamp, or both] of the requesting Central Authority or applicant:
 

Form 2
Application to secure effective exercise of rights of access in accordance with the Hague Convention on the Civil Aspects of International Child Abduction

r 3(2)

Section 112(1), Care of Children Act 2004

REQUESTING CENTRAL AUTHORITY OR APPLICANT: REQUESTED AUTHORITY:
   
This application concerns the following child: [insert full name of child to whom application relates], who will attain the age of 16 years on .................... 20...
NOTE: The following particulars should be completed in full where possible.
IIDENTITY OF THE CHILD AND HIS OR HER PARENTS
 Child 
 Name and first names:  
 Date of birth:  
 Place of birth: 
 Habitual residence: 
 Passport number or identity card number, if any: 
 Description [and attach a photograph, if possible]:  
 Mother 
 Name and first names:  
 Date of birth: 
 Place of birth: 
 Nationality: 
 Occupation: 
 Habitual residence: 
 Other contact details: 
 Passport number or identity card number, if any: 
 Father 
 Name and first names:  
 Date of birth: 
 Place of birth: 
 Nationality: 
 Occupation: 
 Habitual residence:  
 Other contact details: 
 Passport number or identity card number, if any:  
 Date and place of marriage or civil union of mother and father*: 
 *If mother and father have never married or been in a civil union with each other, state “Not married or in a civil union”.
IIREQUESTING INDIVIDUAL OR INSTITUTION
 Name and first names: 
 Nationality of individual applicant: 
 Occupation of individual applicant: 
 Address:  
 Other contact details: 
 Passport number or identity card number, if any: 
 Relationship to the child: 
 Name and address of legal adviser, if any: 
IIIPLACE WHERE CHILD IS THOUGHT TO BE
 Information concerning the person alleged to have prevented the exercise of rights of access or denied the enjoyment of access:
 Name and first names:  
 Date of birth: 
 Place of birth: 
 Nationality:  
 Occupation:  
 Last known address: 
 Passport number or identity card number, if any: 
 Description [and attach a photograph, if possible]:  
 Address of the child: 
 Other persons who might be able to supply additional information relating to the whereabouts of the child: [give full name, address, and contact details, if possible].
  
  
  
IVCIRCUMSTANCES RELATING TO THE PREVENTION OF EXERCISE OF RIGHTS OF ACCESS
  
  
  
VFACTUAL OR LEGAL GROUNDS JUSTIFYING THE REQUEST
  
  
  
VICIVIL PROCEEDINGS IN PROGRESS
  
  
  
VIIPROPOSED ARRANGEMENTS TO SECURE EXERCISE OF RIGHTS OF ACCESS
  
  
  
VIIIOTHER REMARKS
  
  
  
IXLIST OF DOCUMENTS ATTACHED
The following documents are attached:
*(a)certified copy of relevant parenting order or decision or agreement concerning custody or access (including contact between parent and child):
*(b)certificate or affidavit as to the applicable law:
*(c)information relating to the social background of the child:
*(d)photograph of the child:
*(e)photograph of the person alleged to have prevented the exercise of rights of access or denied the enjoyment of access:
*(f)other [specify].
*Delete if inapplicable.
I authorise the requested Central Authority and its agents to act on my behalf and to do all things reasonable and necessary in connection with this application.
Date: ...................................................................
Place: ...................................................................
Signature [or stamp, or both] of the requesting Central Authority or applicant: ...................................................................
 

Diane Morcom,
Clerk of the Executive Council.

Explanatory note

This note is not part of the rules, but is intended to indicate their general effect.

These rules, which come into force on 1 July 2005, prescribe the forms to be used for the purposes of applications made under the following sections of the Care of Children Act 2004:

  • section 102, which relates to applications for the return of a child abducted from New Zealand; and

  • section 112, which relates to applications for the effective exercise of rights of access to a child who is resident outside New Zealand.

These rules revoke and replace the Guardianship (International Child Abduction) (Forms) Rules 1991, which were made under the Guardianship Act 1968. These rules also refer to civil unions, to reflect the provisions of the Civil Union Act 2004.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 21 April 2005.

Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)

Notes
1 General

  • This is a reprint of the Care of Children (International Child Abduction) (Forms) Rules 2005. The reprint incorporates all the amendments to the rules as at 22 April 2005, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

2 Status of reprints

  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/legislation/reprints.shtml or Part 8 of the Tables of Acts and Ordinances and Statutory Regulations, and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • •omission of unnecessary referential words (such as “of this section” and “of this Act”)

    • •typeface and type size (Times Roman, generally in 11.5 point)

    • •layout of provisions, including:

      • •indentation

      • •position of section headings (eg, the number and heading now appear above the section)

    • •format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

    • •position of the date of assent (it now appears on the front page of each Act)

    • •punctuation (eg, colons are not used after definitions)

    • •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • •case and appearance of letters and words, including:

      • •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • •small capital letters in section and subsection references are now capital letters

    • •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • •running heads (the information that appears at the top of each page)

    • •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)