Oranga Tamariki Act 1989
Children’s and Young People’s Well-being Act 1989

205 Preventing removal of child or young person from New Zealand

(1)

This section applies where—

(a)

an application is made to the court for a care or protection order, or for an order under section 207K or section 207Q, in relation to a child or young person; and

(b)

any District Court Judge or, if no District Court Judge is available, any Registrar (not being a constable) is satisfied that there are reasonable grounds for believing that any person is about to take that child or young person out of New Zealand.

(2)

Where this section applies, the District Court Judge or Registrar—

(a)

may order that any tickets or travel documents (including the passport) of the child or young person, or of the person believed to be about to take the child or young person out of New Zealand, or of both, be surrendered to the court for such period and upon such conditions as the court thinks fit; and

(b)

may, in addition, issue a warrant directing the chief executive or any constable to take possession of the child or young person and place the child or young person in the custody of the chief executive pending the order or further order of the court.

(2A)

The function of executing a warrant issued in the name of the chief executive may be performed by a social worker or any other person authorised under a delegation to carry out that function (see section 7C).

(2B)

A delegate or a constable executing a warrant may use such reasonable force as may be necessary to do so.

(3)

Any person against whom an order under subsection (2)(a) is in force may apply to the court for the discharge of the order, and the court, in its discretion, may discharge the order.

(4)

Section 123 shall apply, with all necessary modifications, in relation to every warrant issued under subsection (2) as if every such warrant were a warrant issued under section 122 (which relates to the enforcement of rights of access).

Compare: 1968 No 63 s 20; 1979 No 52 s 3(1)

Section 205(1)(a): amended, on 1 July 2019, by section 95 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 205(1)(a): amended, on 1 November 1999, by section 6 of the Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).

Section 205(1)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 205(2)(b): replaced, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 205(2A): inserted, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 205(2B): inserted, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 205(4): amended, on 2 September 1996, by section 2(4) of the Children, Young Persons, and Their Families Amendment Act 1996 (1996 No 112).