For the purposes of this Act, guardianship of a child means having (and therefore a guardian of the child has), in relation to the child,—

• (a) all duties, powers, rights, and responsibilities that a parent of the child has in relation to the upbringing of the child:

• (b) every duty, power, right, and responsibility that is vested in the guardian of a child by any enactment:

• (c) every duty, power, right, and responsibility that, immediately before the commencement, on 1 January 1970, of the Guardianship Act 1968, was vested in a sole guardian of a child by an enactment or rule of law.

(1) The duties, powers, rights, and responsibilities of a guardian of a child include (without limitation) the guardian's—

• (a) having the role of providing day-to-day care for the child (however, under section 26(5), no testamentary guardian of a child has that role just because of an appointment under section 26); and

• (b) contributing to the child's intellectual, emotional, physical, social, cultural, and other personal development; and

• (c) determining for or with the child, or helping the child to determine, questions about important matters affecting the child.

(2) Important matters affecting the child include (without limitation)—

• (a) the child's name (and any changes to it); and

• (b) changes to the child's place of residence (including, without limitation, changes of that kind arising from travel by the child) that may affect the child's relationship with his or her parents and guardians; and

• (c) medical treatment for the child (if that medical treatment is not routine in nature); and

• (d) where, and how, the child is to be educated; and

• (e) the child's culture, language, and religious denomination and practice.

(3) A guardian of a child may exercise (or continue to exercise) the duties, powers, rights, and responsibilities of a guardian in relation to the child, whether or not the child lives with the guardian, unless a Court order provides otherwise.

(4) Court order means a Court order made under any enactment; and includes, without limitation, a Court order that is made under this Act and embodies some or all of the terms of an agreement to which section 40(2) or section 41(2) applies.

(5) However, in exercising (or continuing to exercise) the duties, powers, rights, and responsibilities of a guardian in relation to a child, a guardian of the child must act jointly (in particular, by consulting wherever practicable with the aim of securing agreement) with any other guardians of the child.

(6) Subsection (5) does not apply to the exclusive responsibility for the child's day-to-day living arrangements of a guardian exercising the role of providing day-to-day care.

(1) The father and the mother of a child are guardians jointly of the child unless the child's mother is the sole guardian of the child because of subsection (2) or subsection (3).

(2) If a child is conceived on or after the commencement of this Act, the child's mother is the sole guardian of the child if the mother was neither—

• (a) married to, or in a civil union with, the father of the child at any time during the period beginning with the conception of the child and ending with the birth of the child; nor

• (b) living with the father of the child as a de facto partner at any time during that period.

(3) If a child is conceived before the commencement of this Act, the child's mother is the sole guardian of the child if the mother was neither—

• (a) married to, or in a civil union with, the father of the child at any time during the period beginning with the conception of the child and ending with the birth of the child; nor

• (b) living with the father of the child as a de facto partner at the time the child was born.

(3A) For the purposes of subsections (2) and (3), the mother and father of a child may be in a de facto relationship even if—

• (a) either parent is under 16; or

• (b) either parent is aged 16 or 17 and consent for the relationship (as referred to in section 29A(2) of the Interpretation Act 1999) has not been given.

(4) On the death of the father or the mother, the surviving parent, if he or she was then a guardian of the child, is the sole guardian of the child.

(5) This section is subject to sections 18 to 34, and therefore does not limit or affect the appointment of 1 or more additional guardians (for example, an additional testamentary guardian of the child appointed by the deceased parent under section 26(2)) or an order (relating to guardianship of the Court) under section 33(1).

(1) A child's father who is not a guardian of the child just because of section 17(2) or (3) becomes a guardian of the child if his particulars are registered after the commencement of this section as part of the child's birth information because he and the child's mother both notified the birth as required by section 9 of the Births, Deaths, Marriages, and Relationships Registration Act 1995.

(2) Subsection (1) does not change the guardianship status of a father who became a guardian before the commencement of this section.

(1) If, because of section 17(2) or (3), a child's mother is (or was at the time of her death) the sole guardian of the child, the child's father may apply to the Court to be appointed as a guardian of the child.

(2) The father may apply to be appointed—

• (a) as a guardian of the child as well as the mother or a testamentary guardian appointed under section 26; or

• (b) as a guardian of the child instead of the mother or a testamentary guardian appointed under section 26.

(3) An application under subsection (2)(b) must include an application under section 29 for an order depriving the mother of the guardianship of her child or (as the case requires) removing the testamentary guardian from office.

(4) In response to an application under subsection (2), the Court—

• (a) must appoint the father as a guardian of the child, unless to do so would be contrary to the child's welfare and best interests; and

• (b) must determine any included application under section 29 in accordance with that section.

(1) A man who alleges that he is a guardian of a child because of section 17 (other than because of an order under section 19) may apply to the Court for an order declaring that the man is a guardian of the child because of section 17.

(2) The Court may make the order if satisfied that the man—

• (a) is a guardian of a child because of section 17; and

• (b) has not been deprived of his guardianship by an order under section 29.

(3) The Declaratory Judgments Act 1908 applies, with all necessary modifications, to applications under subsection (1).

(1) In this section, appointment means an appointment of an eligible spouse or partner of a parent as an additional guardian of a child under section 23.

(2) If both parents of the child are guardians of the child, the appointment must be made by both of them.

(3) If the mother of the child is the sole guardian of the child just because of section 17(2) or (3), the appointment must be made by the mother and the father of the child.

(4) If a parent of the child is the sole guardian of the child because the other parent of the child is dead, or because of the application of Part 2 of the Status of Children Act 1969, the appointment must be made by the parent.

(5) If, before dying, a parent of the child appointed a testamentary guardian of the child under section 26(1), and the other parent of the child is alive and is a guardian of the child jointly with the testamentary guardian, the appointment must be made by the surviving parent and the testamentary guardian.

(1) No appointment of an additional guardian of a child may be made under section 23 if the child—

• (a) has a testamentary guardian appointed by the Court under section 26(3); or

• (b) has a Court-appointed guardian because of an appointment under section 27; or

• (c) is or has been involved in proceedings under Part 2 of the Children, Young Persons, and Their Families Act 1989; or

• (d) is or has been an applicant for, or the subject of, a protection order under the Domestic Violence Act 1995.

(2) No appointment of an additional guardian of a child may be made under section 23 if a parent authorised by section 21 to make the appointment—

• (a) has already appointed an additional guardian for the child under section 23; or

• (b) has been deprived of his or her guardianship by an order under section 29; or

• (c) is or has been involved in proceedings concerning a child under this Act, a former Act corresponding to this Act, or Part 2 of the Children, Young Persons, and Their Families Act 1989; or

• (d) is or has been a respondent or associated respondent in proceedings under the Domestic Violence Act 1995.

(3) No appointment of an additional guardian of a child may be made under section 23 unless the child, or a parent of the child, is either a New Zealand citizen or a person who is ordinarily resident in New Zealand.

(4) No appointment of an additional guardian of a child may be made under section 23 if any of the statutory declarations required by section 23(5) cannot be made in the affirmative.

(5) An appointment of an additional guardian under section 23 is void if the proposed additional guardian is disqualified under section 23(2)(d), even though the relevant statutory declarations under section 24(d)(i) were all made in the affirmative.

(1) An eligible spouse or partner of a parent may be appointed as an additional guardian of a child under this section by the following person or persons, but only if that person is, or those persons are, authorised by section 21 to make the appointment:

• (a) both parents of the child:

• (b) a parent of the child:

• (c) a parent of the child and a guardian of the child.

(2) A spouse or partner of a parent is an eligible spouse or partner of a parent in relation to a parent of a child and an appointment under this section only if the parent is making the appointment (either alone, or with the other parent, or a guardian, of the child) and the spouse or partner—

• (a) shares responsibility for the child's day-to-day care, and has done so for not less than 1 year; and

• (b) is not, and has never been, involved in proceedings concerning a child under this Act, a former Act corresponding to this Act, or Part 2 of the Children, Young Persons, and Their Families Act 1989; and

• (c) is not, and has never been, either a respondent or an associated respondent in proceedings under the Domestic Violence Act 1995; and

• (d) has never been convicted of an offence involving harm to a child, including (without limitation),—

  • (i) an offence involving violence (that is, physical abuse or sexual abuse), ill-treatment, abuse, neglect, or deprivation in relation to a child; or

  • (ii) an offence against the Films, Videos, and Publications Classification Act 1993 involving a child pornography publication.

(3) Child pornography publication means a publication that is objectionable (as those terms are defined in section 2 of the Films, Videos, and Publications Classification Act 1993)—

• (a) because it promotes or supports, or tends to promote or support, the exploitation of children, or young persons, or both, for sexual purposes; or

• (b) because of the extent and degree to which, and the manner in which, it—

  • (i) describes, depicts, or otherwise deals with sexual conduct with or by children, or young persons, or both; or

  • (ii) exploits the nudity of children, or young persons, or both.

(4) The appointment may be made only if each person making the appointment and the proposed additional guardian—

• (a) has taken all reasonable steps to ascertain and consider any views on the appointment expressed by the child; and

• (b) agrees to the appointment in writing.

(5) The appointment must be in the prescribed form (which must include the agreements in writing referred to in subsection (4)(b)), and must be accompanied by—

• (a) the declarations specified in section 24; and

• (b) the proposed additional guardian's criminal record.

(6) Criminal record means a document giving all details recorded in law enforcement information held by or on behalf of the Ministry of Justice of every criminal conviction (if any) of the proposed additional guardian (whether a conviction in New Zealand or overseas).

(7) If the proposed additional guardian is an eligible individual (as defined in section 4 of the Criminal Records (Clean Slate) Act 2004), then for the purposes of section 19(3)(e) of that Act (exceptions to general effect of clean slate scheme) the appointment is an application the proposed additional guardian has made to act in a role predominantly involving the care and protection of, but not predominantly involving the delivery of education to, the child.

The declarations required by section 23(5)(a) are statutory declarations by every person making the appointment and by the proposed additional guardian declaring—

• (a) whether, in his or her opinion, the appointment is conducive to the welfare and best interests of the child; and

• (b) whether, in his or her opinion, he or she has taken all reasonable steps to ascertain and consider any views expressed on it by the child; and

• (c) (for a person making the appointment only) that he or she has seen the criminal record referred to in section 23(5)(b); and

• (d) that, to the best of his or her knowledge,—

  • (i) the proposed additional guardian has never been convicted of an offence of the kind referred to in section 23(2)(d), and

  • (ii) there is no other reason why the proposed additional guardian is not an eligible spouse or partner of a parent (as defined in section 23(2)) in relation to the child.

(1) An appointment under section 23 takes effect only on the Registrar of a Family Court approving the form and declarations referred to in section 23(5).

(2) The Registrar must not approve those documents unless, having made all reasonable inquiries, he or she is satisfied—

• (a) that the form and declarations are accompanied by the proposed additional guardian's criminal record (as required by section 23(5)), and have been properly completed and appear to be in order; and

• (b) in particular, that the Family Court case-management system appears to hold no information that, in the light of section 22 or section 23, would prevent the appointment.

(3) Nothing in this section requires the Registrar to inquire into details of a conviction in the proposed additional guardian's criminal record.

(4) Family Court case-management system means the system for the time being used by the Ministry of Justice to manage, maintain, and access Family Court case records.

(1) The parent of a child may by deed or will (executed before or after the child's birth) appoint a person to be a testamentary guardian of the child after the parent's death.

(2) If, at the time of his or her death, the parent appointing a guardian under subsection (1) is a guardian of the child, the testamentary guardian is from that time, if he or she is 20 years of age or older, either sole guardian or a guardian in addition to any other guardian, as the case may be.

(3) If, at the time of his or her death, the parent appointing a guardian under subsection (1) is not a guardian of the child, the testamentary guardian may apply to the Court, and the Court may, if it thinks fit, appoint him or her as a guardian accordingly.

(4) Despite any enactment or rule of law, a person under the age of 18 years may make an appointment under subsection (1).

(5) Despite section 16(1), no testamentary guardian of a child has, just because of an appointment under this section, the role of providing day-to-day care for the child.

(1) The Court may appoint a person as a guardian of a child, either in addition to any other guardian or as sole guardian, either—

• (a) on an application for the purpose by any person; or

• (b) on its own initiative, on making an order removing a guardian under section 29.

(2) The Court may appoint the person as a guardian of the child—

• (a) either for a specific purpose or generally; and

• (b) either for a specified period or not.

(3) However, only the High Court may appoint or remove a litigation guardian for proceedings before the High Court or a court higher than that Court, but the High Court may also appoint or remove a litigation guardian for proceedings that are not before the High Court or a court higher than that Court.

(1) The duties, powers, rights, and responsibilities of a guardian of a child end when the first of the following events occurs:

• (a) the child turns 18 years:

• (b) the child marries or enters into a civil union:

• (c) the child lives with another person as a de facto partner:

• (d) the guardian is removed by an order under section 29:

• (e) if the guardian was appointed under section 27(2) for a specific period or a specific purpose, the period expires or the purpose is achieved.

(2) However, nothing in this section affects the appointment of, or the High Court's powers in respect of, a litigation guardian.

(1) On an application for the purpose by an eligible person, the Court may make—

• (a) an order depriving a parent of the guardianship of his or her child; or

• (b) an order removing from office a testamentary guardian or Court-appointed guardian; or

• (c) an order revoking an appointment of an additional guardian made under section 23.

(2) In this section, eligible person, in relation to a child, means any of the following persons:

• (a) a parent of the child:

• (b) a guardian of the child:

• (c) a grandparent or an aunt or an uncle of the child:

• (d) a sibling (including a half-sibling) of the child:

• (e) a spouse or partner of a parent of the child:

• (f) any other person granted leave to apply by the Court.

(3) An order under subsection (1)(a) (that is, an order depriving a parent of the guardianship of his or her child) must not be made unless the Court is satisfied—

• (a) that the parent is unwilling to perform or exercise the duties, powers, rights, and responsibilities of a guardian, or that the parent is for some grave reason unfit to be a guardian of the child; and

• (b) that the order will serve the welfare and best interests of the child.

(4) An order under subsection (1)(b) or (c) must not be made unless the Court is satisfied that the order will serve the welfare and best interests of the child.

(5) On making an order under subsection (1), the Court may also make on its own initiative an order under section 27.

(1) The following Courts have jurisdiction under section 31:

• (a) the High Court:

• (b) each Family Court.

(2) A Family Court does not have jurisdiction under section 31 if—

• (a) the application is filed in the Family Court; and

• (b) at the date of filing, proceedings relating to the same matter have commenced in the High Court.

(3) The High Court may order proceedings to be removed to a Family Court if—

• (a) an application is made under section 31 to the High Court; and

• (b) the High Court is satisfied that the proceedings would be more appropriately dealt with in a Family Court.

(4) The High Court must order proceedings to be removed to the High Court if—

• (a) an application is made under section 31 to a Family Court; and

• (b) a party to the proceedings applies to the High Court to have the proceedings removed to the High Court; and

• (c) the High Court is satisfied that the proceedings would be more appropriately dealt with in the High Court.

(5) Proceedings removed to the High Court continue in that Court as if they had been properly commenced there.

(1) An eligible person may make an application to a Court with jurisdiction under this section for—

• (a) an order placing under the guardianship of the Court a child who is not married, in a civil union, or in a de facto relationship:

• (b) an order appointing a named person to be the agent of the Court either generally or for any particular purpose.

(2) In this section, eligible person, in relation to a child, means any of the following persons:

• (a) a parent or guardian of the child:

• (b) a grandparent or an aunt or an uncle of the child:

• (c) a sibling (including a half-sibling) of the child:

• (d) a spouse or partner of a parent of the child:

• (e) the child himself or herself (who may apply without any litigation guardian):

• (f) the chief executive:

• (g) any other person granted leave to apply by the Court.

(1) This section applies when—

• (a) an application is—

  • (i) made under section 31 to a Family Court; or

  • (ii) removed under section 30(3) to a Family Court; and

• (b) neither section 30(2) nor section 30(4) applies to the application; and

• (c) any of the following applies:

  • (i) the application seeks an order appointing the chief executive to be the agent of the Court, either generally or for a particular purpose, in respect of the child who is the subject of the application; or

  • (ii) the application does not seek an order of the kind described in subparagraph (i), but the Court considers, at any stage of the proceedings, that it is likely to make such an order; or

  • (iii) the child who is the subject of the application is in the custody or under the guardianship or in the care of the chief executive or any other person under the Children, Young Persons, and Their Families Act 1989; or

  • (iv) a warrant in respect of the child who is the subject of the application has been issued under any of sections 39, 40, 122, 157(2), 205(2)(b), and 386 of that Act.

(2) When this section applies,—

• (a) the Court must give notice of the application to the chief executive; and

• (b) on receipt of the notice, the chief executive is entitled to appear and be heard on the application.

(3) Subsection (2) does not apply if the Court considers that the delay that would be caused by giving notice would or might entail serious injury or undue hardship to the child.

(4) If this section applies and the Court makes an interim order without giving notice to the chief executive,—

• (a) the Court must give notice of the application and the interim order to the chief executive; and

• (b) on receipt of the notice, the chief executive is entitled to appear and be heard on the matters of the application and the interim order.

(1) A Court to which an application is made under section 31 may—

• (a) make an order described in section 31(1)(a); or

• (b) make orders described in section 31(1)(a) and (b); or

• (c) make—

  • (i) an order described in section 31(1)(a); and

  • (ii) an order appointing any person whom the Court thinks fit to be the agent of the Court either generally or for any particular purpose.

(2) An order under subsection (1) in respect of a child ceases to have effect when the first of the following events occurs:

• (a) the Court orders that the order ceases to have effect; or

• (b) the child turns 18 years; or

• (c) the child marries or enters into a civil union; or

• (d) the child lives with another person as a de facto partner.

(1) A Court to which an application is made under section 31 has the rights and powers specified in subsection (2)

• (a) between the making of the application for an order and its disposal; and

• (b) while an order is in force.

(2) The Court has the same rights and powers in respect of the person and property of the child as the High Court had in relation to wards of Court immediately before the commencement, on 1 January 1970, of the Guardianship Act 1968, except that the Court may not—

• (a) direct any child who is of or over the age of 16 years to live with any person unless the circumstances are exceptional; or

• (b) commit for contempt of Court a child or the child's spouse for marrying without the Court's consent while the child is under the guardianship of the Court.

(3) The High Court has all the powers of a Family Court in relation to who has the role of providing day-to-day care for, or contact with, a child who is the subject of an application under section 31 or an order under section 33. An order of the High Court about providing day-to-day care for, or contact with, any child of that kind may be enforced under this Act as if it were an order of a Family Court.

(1) This section applies to a Court if it is a Family Court or the High Court hearing or otherwise dealing with proceedings under section 31.

(2) The Court may, before or by or after the principal order, make any interim or final order it thinks fit about the role of providing day-to-day care for, or about contact with, or about the upbringing of, a child who is the subject of the proceedings.

(3) Section 50 applies with all necessary modifications to an order under subsection (2), and an order of that kind may be subject to any terms or conditions the Court thinks fit.

(4) The Court may, if in all the circumstances it thinks it appropriate to do so, make an order vesting the sole guardianship of the child in 1 of the parents, or make any other order with respect to the guardianship of the child that it thinks fit. However, if the Court makes no order with respect to the guardianship of the child, every person who was a guardian of the child continues to be a guardian of the child.

(5) An order may be made under this section, and an order made under this section may be varied or discharged, even though the Court has refused to make the principal order or to give any other relief sought.

(1) A consent, or refusal to consent, to any of the following, if given by a child of or over the age of 16 years, has effect as if the child were of full age:

• (a) any donation of blood by the child:

• (b) any medical, surgical, or dental treatment or procedure (including a blood transfusion, which, in this section, has the meaning given to it by section 37(1)) to be carried out on the child for the child's benefit by a person professionally qualified to carry it out.

(2) A child's consent, or refusal to consent, to any donation of blood, or to any medical, surgical, or dental treatment or procedure (including a blood transfusion), whether to be carried out on the child or on any other person, has the same effect as if the child were of full age if the child is or has been—

• (a) married or in a civil union; or

• (b) living with another person as a de facto partner.

(3) If the consent of any other person to any medical, surgical, or dental treatment or procedure (including a blood transfusion) to be carried out on a child is necessary or sufficient, consent may be given—

• (a) by a guardian of the child; or

• (b) if there is no guardian in New Zealand or no guardian of that kind can be found with reasonable diligence or is capable of giving consent, by a person in New Zealand who has been acting in the place of a parent; or

• (c) if there is no person in New Zealand who has been so acting, or if no person of that kind can be found with reasonable diligence or is capable of giving consent, by a District Court Judge or the chief executive.

(4) If a child has been lawfully placed for the purpose of adoption in the home of any person, then, for the purposes of subsection (3), that person must be treated as a guardian of the child.

(5) Nothing in this section affects an enactment or rule of law by or under which, in any circumstances,—

• (a) no consent or no express consent is necessary; or

• (b) the consent of the child in addition to that of any other person is necessary; or

• (c) subject to subsection (2), the consent of any other person instead of the consent of the child is sufficient.

(6) Except to the extent that this section enables a blood transfusion to be administered to a child without the consent of any other person, nothing in this section affects section 37.

(7) Subsection (1) is subject to subsection (6).

(1) In this section and section 36,—

(2) Except by leave of a Judge of the High Court, no civil, criminal, or disciplinary proceedings may be brought against a person in respect of the administration by a health practitioner of any blood transfusion to a person under the age of 18 years (in this section called the patient) by reason of the lack of consent of a person whose consent is required by law.

(3) The Judge must not grant leave if the Judge is satisfied—

• (a) that the transfusion was, in the opinion of the health practitioner who administered it, necessary to save the life of the patient or to prevent permanent injury to the patient's physical or mental health, or to save the patient from prolonged and avoidable pain and suffering, and that the opinion of the health practitioner was reasonable; and

• (b) that—

  • (i) reasonable attempts were made to obtain the consent of the person appearing to be legally entitled to consent to the transfusion; or

  • (ii) the circumstances were such that it was necessary to administer the transfusion promptly and it was impracticable, in the time available, to attempt to obtain the consent of the person appearing to be legally entitled to consent; and

• (c) that in all the circumstances it was reasonable to administer the transfusion.

(4) In considering the reasonableness of the opinion of the health practitioner referred to in subsection (3)(a), the Judge must take into account the following:

• (a) the condition of the patient before the transfusion:

• (b) the circumstances in which it was administered:

• (c) whether, in the circumstances, it was reasonably practicable for the health practitioner to consult any other health practitioner before administering the transfusion:

• (d) any opinion given by any health practitioner who was so consulted:

• (e) all other circumstances the Judge considers relevant.

(5) Nothing in this section affects any enactment or rule of law relating, in respect of the performance of any operation,—

• (a) to the protection of any person from any civil, criminal, or disciplinary liability; or

• (b) to any matter of justification or excuse.

(1) If given by a female child (of whatever age), the following have the same effect as if she were of full age:

• (a) a consent to the carrying out on her of any medical or surgical procedure for the purpose of terminating her pregnancy by a person professionally qualified to carry it out; and

• (b) a refusal to consent to the carrying out on her of any procedure of that kind.

(2) This section overrides section 36.

The purpose of sections 40 to 43 is to encourage parents, guardians, and donors to agree to their own arrangements for the child's care, development, and upbringing.

(1) A party to an agreement to which subsection (2) applies—

• (a) may request counselling in respect of a dispute relating to the agreement, under section 65(1); and

• (b) may seek to have terms of the agreement embodied in an order of the Court that may be enforced, as provided in subsections (3) and (4) of this section.

(2) This subsection applies to an agreement between parents or guardians of a child so far as it relates to when 1 or more specified persons have the role of providing day-to-day care for the child or have contact with the child, or to the upbringing of the child, or to any combination of those matters.

(3) An agreement to which subsection (2) applies cannot be enforced under this Act, but some or all of the terms of the agreement may be embodied in an order of the Court if, under 1 or more provisions of this Act other than this section (for example, under section 48(1)),—

• (a) some or all of the parties to the agreement may apply for the order; and

• (b) the order may be made by the Court.

(4) The order may be enforced under this Act in the same way as an order that does not embody terms of an agreement to which subsection (2) applies.

(1) A party to an agreement to which subsection (2) applies—

• (a) may seek to have terms of the agreement embodied in an order of the Court that may be enforced, as provided in subsections (3) and (4); and

• (b) may apply to the Court for its direction on certain matters that cannot be agreed with other parties to the agreement, as provided in subsections (5) and (6).

(2) This subsection applies to an agreement between the parents of a child and a donor or donors so far as it relates to contact between the donor or donors and the child, or to the role of the donor or donors in the upbringing of the child, or to both.

(3) An agreement to which subsection (2) applies cannot be enforced under this Act, but, on an application for the purpose by a party to it, the Court may, with the consent of all parties to it, make an order of the Court that embodies some or all of the terms of the agreement.

(4) An order under subsection (3) may, so far as it relates to contact with the child, be enforced under this Act as if it were a parenting order relating to contact.

(5) Any of the parties to an agreement to which subsection (2) applies may apply to the Court for its direction if those parties are unable to agree on a matter—

• (a) concerning the role of the donor or donors in the upbringing of the child; and

• (b) that is the subject of terms of the agreement embodied in an order under subsection (3).

(6) On an application under subsection (5), the Court may make any order relating to the matter that it thinks proper.

In this section and section 41,—

Sections 40(2) and 41(2) apply to an agreement even though some or all of the parties to it are minors.

(1) If 2 or more guardians of a child are unable to agree on a matter concerning the exercise of their guardianship, any of them may—

• (a) request counselling in respect of their dispute under section 65(2); or

• (b) apply to the Court for its direction.

(2) Subsection (1)(a) does not limit section 45 (which relates to counselling between certain spouses, civil union partners, or de facto partners).

(3) On an application under subsection (1)(b), the Court may make any order relating to the matter that it thinks proper.

(4) If, under an order of the High Court, 2 or more persons are guardians of, or have the role of providing day-to-day care for, a child, the High Court has exclusive jurisdiction to settle disputes, unless the order has been removed into a Family Court under section 127.

(1) This subsection applies to proceedings resulting from a spouse, civil union partner, or de facto partner applying for an order under this Act relating to the role of providing day-to-day care for a child of the marriage, civil union, or de facto relationship, or contact with a child of that kind, or both of those matters.

(2) The following sections of the Family Proceedings Act 1980 apply to proceedings to which subsection (1) applies:

• (a) section 10(4) and (5) (under which a Family Court Judge may refer the matter to a counsellor, in which case a Family Court hearing generally does not proceed unless either spouse, civil union partner, or de facto partner, not less than 28 days after the date of the reference, requests that the hearing should proceed); and

• (b) section 19(1) (which, among other things, requires the Court to consider the possibility of a reconciliation between the spouses, civil union partners, or de facto partners, or of conciliation between them on any matter in issue).

(1) A child of or over the age of 16 years who is affected by a decision or by a refusal of consent by a parent or guardian in an important matter may (unless the child is under the guardianship of the Court) apply to a Family Court Judge who may, if he or she thinks it reasonable in all the circumstances to do so, review the decision or refusal and make any order in respect of it that he or she thinks fit.

(2) A consent given by a Family Court Judge under this section has the same effect as if it had been given by the parent or guardian.

(3) This section does not apply where a parent or guardian refuses to give consent to a child's marriage, civil union, or entry into a de facto relationship. In those cases, sections 18 to 20 of the Marriage Act 1955, sections 19 and 20 of the Civil Union Act 2004, and section 46A of this Act, respectively, apply instead.

(1) A child aged 16 or 17 who wishes to obtain consent for his or her de facto relationship must obtain the express written consent of each of his or her guardians to living together as a couple with the other party to the relationship.

(2) If the consent of a guardian cannot be obtained (whether because the guardian refuses to give consent, or cannot be found, or is unable to give consent as a result of incapacity), the child may apply to the Court for consent.

(3) A Family Court Judge may make an order giving consent for the de facto relationship of a child aged 16 or 17.

(4) A consent given by a Family Court Judge under this section has the same effect as if it had been given by all of the child's guardians.

(1) This section applies to a child who does not have a guardian because guardianship of the child has ended under section 28(1).

(2) If an enactment requires that the child obtains the consent of 1 or more guardians for a particular purpose, the child may—

• (a) seek the consent from his or her former guardians; or

• (b) apply to the Court for the consent.

(3) When an application is made under subsection (2)(b), a Family Court Judge may, if he or she considers that giving the consent is reasonable in all the circumstances, give the consent required.

(4) A consent given to a child for a purpose referred to in subsection (2), either by the child's former guardians or by a Family Court Judge under subsection (3), has the same effect as if it had been given by all the people whose consent was required for that purpose.

(1) In section 48(1), eligible person, in relation to a child, means any of the following persons:

• (a) a parent of the child:

• (b) a guardian of the child:

• (c) a spouse or partner of a parent of the child:

• (d) any other person who is a member of the child's family, whanau, or other culturally recognised family group, and who is granted leave to apply by the Court:

• (e) any other person granted leave to apply by the Court.

(2) However, if a parent of a child has died or has been refused contact with the child by a Court, or if a parent entitled to have contact with a child is making no attempt to have that contact, then each of the following persons is, for the purposes of an application for an order under section 48(1) determining who may have contact with the child, also an eligible person in relation to the child:

• (a) the parents of that parent of the child; and

• (b) a sibling of that parent of the child; and

• (c) a sibling of the child.

(1) On an application made to it for the purpose by an eligible person, the Court may make a parenting order determining the time or times when specified persons have the role of providing day-to-day care for, or may have contact with, the child.

(2) A parenting order determining that a person has the role of providing day-to-day care for the child may specify that the person has that role—

• (a) at all times or at specified times; and

• (b) either alone or jointly with 1 or more other persons.

(3) A parenting order determining that a person may have contact with the child may specify any of the following:

• (a) the nature of that contact (for example, whether it is direct (that is, face to face) contact or some form of indirect contact (for example, contact by way of letters, telephone calls, or email)):

• (b) the duration and timing of that contact:

• (c) any arrangements that are necessary or desirable to facilitate that contact.

(4) A parenting order may be a final order or it may be an interim order that has effect until a specified date or event or until the Court orders otherwise.

(5) A parenting order may also be subject to any other terms or conditions (including, without limitation, a condition requiring a party to enter into a bond) the Court determines.

(6) This section is subject to sections 50 to 52 and 60.

An application for a parenting order must include a statement made by or on behalf of the applicant for the order about whether and how the order can and should provide for any other person or persons to have the role of providing day-to-day care for, or contact with, the child.

(1) A parenting order determining the person or persons who have the role of providing day-to-day care for a child of or over the age of 16 years must not be made unless there are special circumstances.

(2) An order in respect of a child under the age of 16 years expires, so far as it relates to providing day-to-day care for the child, when the child attains that age unless the Court in special circumstances orders otherwise on or after making the order.

(3) Nothing in this section applies in respect of children who are under the guardianship of the Court, or affects the power of the Court to make orders in respect of the upbringing of a child, or to appoint or remove guardians.

(1) This section applies to a parenting order when—

• (a) the order provides for a person (person A) to have contact with a child; and

• (b) the Court is satisfied that person A has used violence (as defined in section 58) against the child or a person (person B) who has the role of providing day-to-day care for the child.

(2) The Court must consider whether the order should be subject to conditions imposed for the purpose of protecting the safety of person B while person A's contact with the child takes place (including while the child is being collected from, or returned to, person B).

(3) This section does not limit section 48(4) or (5) or section 60.

If a Court proposes to make a parenting order that does not give a parent the role of providing day-to-day care for a child, the Court must consider whether and how the order can and should provide for that parent to have contact with the child.

(1) This section applies to a Court if it is a Family Court hearing or otherwise dealing with proceedings under the Family Proceedings Act 1980 for a separation order, an order declaring a marriage or civil union to be void ab initio, or an order dissolving a marriage or civil union.

(2) The Court may, before or by or after the principal order, make any interim or final order it thinks fit about the role of providing day-to-day care for, or about contact with, or about the upbringing of, a child of the marriage or a child of the civil union (as defined in section 2 of the Family Proceedings Act 1980).

(3) Section 50 applies with all necessary modifications to an order under subsection (2), and an order of that kind may be subject to any terms or conditions the Court thinks fit.

(4) The Court may, if in all the circumstances it thinks it appropriate to do so, make an order vesting the sole guardianship of the child in 1 of the parents, or make any other order with respect to the guardianship of the child that it thinks fit. However, if the Court makes no order with respect to the guardianship of the child, every person who was a guardian of the child continues to be a guardian of the child.

(5) Despite subsection (4), an order depriving a parent of the guardianship of his or her child may be made under that subsection only if the Court is satisfied of the matters stated in section 29(3)(a) and (b).

(6) An order may be made under this section, and an order made under this section may be varied or discharged, even though the Court has refused to make the principal order or to give any other relief sought.

(1) A Family Court hearing or otherwise dealing with proceedings under the Domestic Violence Act 1995 for a protection order may make any 1 or more of the following orders if it considers the order or orders necessary to protect the welfare and best interests of the child concerned:

• (a) any interim order or orders about the role of providing day-to-day care for, or about contact with, a child of the applicant's family (as defined in section 2 of the Domestic Violence Act 1995):

• (b) any interim order or orders varying any order of the kind referred to in paragraph (a).

(2) Section 50 applies with all necessary modifications to an order under subsection (1).

(1) An order under section 48(1)—

• (a) must contain an explanation, based on the precise terms of the particular order, of—

  • (i) the effect of the order (for example, of the obligations the order creates); and

  • (ii) any processes for the monitoring and review of the order, and the means by which the order can be varied or discharged; and

  • (iii) the consequences that may follow if the order is not complied with; and

• (b) without limiting paragraph (a), must be accompanied by general information, in the prescribed form, about the matters stated in paragraph (a)(i) to (iii).

(2) A lawyer acting for, or other person representing, a party to an order under section 48(1) must explain to the party the effect of the order.

(3) Explanations required by subsections (1)(a) and (2) must be given in a manner and in language that the recipients of those explanations understand.

(4) A lawyer acting for, or other person representing, a child, must take all reasonable steps to ensure that the effect of an order under section 48(1) is explained to the child, to an extent and in a manner and in language that the child understands.

(5) A failure to comply with a requirement imposed by this section does not affect the validity of the order concerned.

(1) On an application for the purpose by an eligible person, the Court may vary or discharge any of the following:

• (a) a parenting order (whether the order is about the person or persons who have the role of providing day-to-day care for a child, or about contact with the child, or about both of those matters):

• (b) any other order about the role of providing day-to-day care for, or about contact with, a child:

• (c) an order about the upbringing of a child.

(2) On an application for the purpose by an eligible person, the Court may vary or discharge an order vesting the guardianship of a child in 1 parent or in any other person or persons. If the order is discharged, and no other order with respect to the guardianship of the child is made, guardianship vests in the person or persons (if any) who would be the guardian or guardians if the order discharged had not been made.

(3) In this section, eligible person, in relation to an order relating to a child, means any of the following persons:

• (a) a person affected by the order:

• (b) a person acting on behalf of the child.

(4) Subsections (1) and (2) apply to orders of the kind referred to in those subsections whether or not the orders were made after the commencement of this Act, but nothing in those subsections applies to—

• (a) any order under the Children, Young Persons, and Their Families Act 1989; or

• (b) any interim order or adoption order under the Adoption Act 1955.

(5) Subsection (2) does not limit section 29.

(1) If the parents of a child are parties to an interim order and, under the order, each of them has either the role of providing day-to-day care for, or contact with, the child,—

• (a) the order ceases to have effect (if it has not ceased to have effect sooner) on the following date:

  • (i) the date that is 1 year after the day on which the order is made (the specified date); or

  • (ii) a later date the Court appoints, before or after the specified date, on an application for the purpose under this subsection before the specified date; and

• (b) the parents must take all reasonable steps to obtain a final order as soon as practicable.

(2) In making an order as to costs, the Court may have regard to a failure to comply with subsection (1)(b); but nothing in this subsection limits the Court's powers under section 142.

(3) The Court must, as soon as practicable, assign a date that is within the next 3 months as the date for a hearing on whether a final order should be substituted for the interim order if—

• (a) an interim order is made on an application with notice or an application without notice; and

• (b) the parents of a child are parties to the order and, under it, one of them (parent A) has neither the role of providing day-to-day care for, nor contact with, the child.

(4) However, if the interim order referred to in subsection (3)(a) was made on an application without notice, parent A may notify the Court that he or she wishes to be heard on whether a final order should be substituted for that interim order and, if he or she does so, the Registrar of the Court must, as soon as practicable, assign a hearing date that is—

• (a) as soon as practicable; and

• (b) unless there are special circumstances, within 42 days after parent A's notice is received by the Court.

(5) In this section, interim order means—

• (a) an interim parenting order under section 48(1); or

• (b) an interim order under section 53(2) or section 54(1).

In this section and sections 59 to 62, unless the context otherwise requires,—

(1) Section 60 applies to proceedings—

• (a) relating to an application under this Act for any of the following:

  • (i) an order about the person or persons who have the role of providing day-to-day care for a child:

  • (ii) an order about contact with a child:

  • (iii) the variation or discharge of, or of any condition of, an order in subparagraph (i) or subparagraph (ii); and

• (b) in which an allegation is made that a party to the proceedings has used violence—

  • (i) against the child or a child of the family; or

  • (ii) against the other party to the proceedings.

(2) Section 60 applies to proceedings specified in subsection (1) whether or not those proceedings also relate to any other matter (whether arising under this Act or any other enactment).

(1) In proceedings to which this section applies in accordance with section 59 (the proceedings), the Court must, as soon as practicable,—

• (a) consider whether to appoint a lawyer to act for the child under section 7(1); and

• (b) determine, on the basis of the evidence presented to it by, or on behalf of, the parties to the proceedings, whether the allegation of violence is proved.

(2) Nothing in subsection (1) requires the Court to make any inquiries on its own initiative in order to make a determination on the allegation.

(3) If the Court is satisfied that a party to the proceedings (the violent party) has used violence against the child or a child of the family, or against the other party to the proceedings, then, unless subsection (4) applies, the Court must not make—

• (a) an order giving the violent party the role of providing day-to-day care for the child to whom the proceedings relate; or

• (b) any order allowing the violent party contact (other than supervised contact) with that child.

(4) In the situation in subsection (3), the Court may make an order in subsection (3)(a) or (b) if, after complying with section 61, the Court is satisfied that the child will be safe while the violent party—

• (a) provides day-to-day care for the child; or (as the case may be)

• (b) has contact with the child.

(5) If, in the situation in subsection (3), the Court is not satisfied as provided in subsection (4), it may make an order for supervised contact between the child and the violent party, and, if it does so, the Court must specify in the order whether the supervised contact is to occur—

• (a) under the supervision of an approved provider; or

• (b) in the immediate presence of a person approved by the Court (for example, a relative, a friend of the family of the child, or any other person whom the Court considers suitable).

(6) Despite subsection (1), the Court may make any order under this Act that it thinks fit in order to protect the safety of the child if the Court—

• (a) is unable to determine, on the basis of the evidence presented to it by, or on behalf of, the parties to the proceedings, whether the allegation of violence is proved; but

• (b) is satisfied there is a real risk to the child's safety.

In considering, for the purposes of section 60(4), whether a child will be safe if a violent party provides day-to-day care for, or has contact (other than supervised contact) with, the child, the Court must, so far as is practicable, have regard to the following matters:

• (a) the nature and seriousness of the violence used:

• (b) how recently the violence occurred:

• (c) the frequency of the violence:

• (d) the likelihood of further violence occurring:

• (e) the physical or emotional harm caused to the child by the violence:

• (f) whether the other party to the proceedings—

  • (i) considers that the child will be safe while the violent party provides day-to-day care for, or has contact with, the child; and

  • (ii) consents to the violent party providing day-to-day care for, or having contact (other than supervised contact) with, the child:

• (g) any views the child expresses on the matter (as required by section 6):

• (h) any steps taken by the violent party to prevent further violence occurring:

• (i) all other matters the Court considers relevant.

(1) This section applies only to supervised contact that is ordered under section 60(5) and supervised by an approved provider.

(2) The number of sessions of the contact that will be funded out of public money must be determined in accordance with regulations made under section 147(2)(a) or, in the absence of regulations of that kind, by the Registrar or the Court.

(3) Fees in respect of the contact—

• (a) must be determined in accordance with regulations made under section 147(2)(b) or, in the absence of regulations of that kind, by the Registrar or the Court; and

• (b) are payable out of public money appropriated by Parliament for the purpose.

(1) The purpose of sections 64 to 80 is to provide to the Court, and to parties to a parenting order, a range of options for making the order work.

(2) To that end, sections 64 to 80—

• (a) provide for the parties to request counselling to resolve a dispute over observing and carrying out the order:

• (b) provide for the Court to make orders of various kinds, or to respond in various other ways, if a dispute over contravention of a parenting order is not resolved by the parties themselves:

• (c) make it an offence for a party to the parenting order to intentionally—

  • (i) contravene the order; or

  • (ii) prevent compliance with the order:

• (d) make it an offence to knowingly resist or obstruct the execution of—

  • (i) a warrant to enforce the role of providing day-to-day care for, or an order for contact with, a child; or

  • (ii) a warrant relating to preventing removal of a child from New Zealand:

• (e) make it an offence to knowingly fail or refuse to afford immediate entrance to (all or a part of) any premises to a person executing a warrant of that kind:

• (f) make it an offence in certain circumstances to take or attempt to take a child out of New Zealand.

(1) In determining whether to make an order or to issue a warrant or to respond in another way under any of sections 68 to 77, the Court must (as required by section 4) consider whether the order or other response would serve the welfare and best interests of the child who is the subject of the parenting order concerned.

(2) The Court must, unless the circumstances are exceptional, make orders or issue warrants under any of sections 70 to 77 only as a matter of last resort.

(3) The Court may not make orders or issue warrants under any of sections 72 to 77 contrary to the views of a child of or over the age of 16 years, unless the circumstances are exceptional.

(1) A party to a parenting order (or to an agreement of the kind described in section 40(2)) may ask a Registrar of a Family Court to arrange counselling in respect of a dispute arising from another party to the order (or to the agreement) contravening or appearing to contravene the order (or the agreement).

(2) If 2 or more guardians of a child are unable to agree on a matter concerning the exercise of their guardianship, any of them may ask a Registrar of a Family Court to arrange counselling in respect of their dispute.

The following sections of the Family Proceedings Act 1980 apply, with the following and all other necessary modifications, to a request under section 65(1) or (2) as if the request were one under section 9(1) of that Act by a party to a marriage, civil union, or de facto relationship for counselling in respect of the marriage, civil union, or de facto relationship:

• (a) section 9(2) (which requires the Registrar to whom the request is made, on the person making the request completing the prescribed form, to arrange for the matter to be referred to a counsellor):

• (b) section 11 (which relates to the procedure the counsellor must follow on being referred the matter), except that the reference in subsection (2)(a) to whether or not the parties wish to resume or continue the marriage, civil union, or de facto relationship must be read as a reference to whether or not the parties to the parenting order (or the agreement), or the 2 or more guardians, have resolved the dispute:

• (c) section 12 (which relates to the counsellor's duties in relation to reconciliation or conciliation):

• (d) section 12A (which relates to the number of sessions of counselling):

• (e) section 12B (which relates to counselling fees and expenses).

(1) The Registrar may decline a request under section 65(1) that relates to a parenting order if he or she considers that arranging for the matter to be referred to a counsellor is unlikely to help the parties to resolve the dispute.

(2) Without limiting the discretion in subsection (1), in exercising that discretion the Registrar must have regard to whether a party to the order has used violence (as defined in section 3(2) of the Domestic Violence Act 1995) against—

• (a) another party to the order; or

• (b) a child in the care of another party to the order; or

• (c) both.

(3) In declining a request under subsection (1), the Registrar may recommend that any or all of the parties to the order make an application under section 68.

(4) This section overrides sections 65 and 66.

(1) On an application for the purpose by a party to a parenting order, the Court may, if satisfied that another party to the order has contravened the order, do any of the following:

• (a) admonish the party who has contravened the order:

• (b) vary or discharge the parenting order under section 56 (for example, by reducing the time during which the child is in the care of, or has contact with, the party who has contravened the order).

(2) The Court may (as well as, or instead of, exercising its powers under subsection (1)) consider making an order or issuing a warrant under any of sections 70 to 77 if—

• (a) the contravention that is the subject of the application under this section is of a serious nature; or

• (b) the party who has contravened the parenting order has previously contravened that order or another order under this Act.

(3) Nothing in this section limits other powers of the Court to deal with a contravention of a parenting order.

(4) On receiving an application under this section, the Registrar—

• (a) must appoint a date and time for the hearing of the application and, by notice in writing to the parties to the application, inform them of that date and time:

• (b) may, if the Court directs, request them to attend.

(1) On an application for the purpose or on its own initiative, the Court may issue a summons requiring a person to attend at a time and place to be specified in the summons if the person fails to comply with—

• (a) a request under section 11(1)(b) of the Family Proceedings Act 1980 (as modified and applied by section 66(b) of this Act) that the person attend before a counsellor; or

• (b) a request under section 68(4)(b) to attend the hearing of an application under section 68.

(2) Section 20(1) to (3) and (5) of the Summary Proceedings Act 1957 applies to a summons under this section as if it were a witness summons issued under that section.

(1) On an application for the purpose or on its own initiative, the Court may order a party who has contravened a parenting order to enter into a bond as an assurance that the party will not contravene the parenting order again.

(2) Before making an order under subsection (1), the Court must consider the extent (if any) to which the party has sufficient means to deposit an amount of money in the Court.

(3) The bond must specify—

• (a) the amount of money to be deposited in the Court; and

• (b) the conditions the breach of which may lead to some or all of that money being forfeited to the Crown; and

• (c) that, if that money is forfeited by a direction under subsection (4), the Court may, by an order under section 71(1) made at the same time as that direction, require costs incurred by another party to the parenting order to be satisfied from that money; and

• (d) a date after which the bond will no longer be required (if the bond does not cease to be required earlier, because the parenting order ceases to have effect earlier).

(4) If, after entering into the bond, the party contravenes the parenting order again, the Court may, at its discretion and on an application for the purpose, direct that some or all of the bond is forfeited to the Crown, but the Court must exercise its discretion by taking into account—

• (a) the reason the bond was imposed; and

• (b) the extent to which the conditions of the bond have been met or breached; and

• (c) any explanation given for the breach of the bond conditions; and

• (d) all other matters the Court considers relevant.

(5) Following the earlier of the following dates, the bond is no longer required, and the Court must make all reasonable efforts to refund to the party any money not forfeited by a direction of the Court under subsection (4):

• (a) the date on which the parenting order ceases to have effect:

• (b) the date specified under subsection (3)(d).

(6) Nothing in this section prevents the Court, on an application for the purpose or on its own initiative, from revoking the order and directing that any money not forfeited by a direction of the Court under subsection (4) be refunded to the party.

(1) On an application for the purpose or on its own initiative, the Court may order a party to a parenting order (party B) to reimburse another party to the order (party A), either wholly or in part, for costs party A incurred, if the Court is satisfied—

• (a) that party B contravened the order and had no reasonable excuse for doing so; and

• (b) that the contravention caused party A to incur the costs; and

• (c) that the costs party A incurred were reasonable in the circumstances.

(2) An order under subsection (1) (the costs order) may require costs (being costs party A incurred and is, under the order, entitled to be reimbursed for by party B) to be satisfied from money—

• (a) deposited in the Court by party B as a bond required by an order under section 70(1); and

• (b) forfeited by a direction under section 70(4) made at the same time as the costs order is made.

(3) Nothing in this section limits section 121 or section 142.

(1) In this section, eligible person, in relation to a child, means a person who, at the time of the application, has the role of providing day-to-day care for the child—

• (a) through being a guardian (other than a testamentary guardian) whose role of providing day-to-day care for the child has not been removed by a Court order; or

• (b) under a parenting order, some other order of a New Zealand Court, or an overseas parenting order registered under section 81.

(2) On an application for the purpose by an eligible person, a Family Court or a District Court may issue a warrant authorising a member of the police or a Social Worker or any other person named in the warrant to take the child (using reasonable force if necessary) and to deliver the child—

• (a) to the eligible person; or

• (b) to some other person or authority (including a person in or from a prescribed overseas country) named in the warrant on behalf of the eligible person.

(3) However, if 2 or more persons have the role of providing day-to-day care for a child, no warrant under this section may authorise—

• (a) the removal of the child from the care of one of those persons; and

• (b) the delivery of the child to the care of another of them.

(1) In this section, eligible person, in relation to a child, means a person who, at the time of the application, is entitled to have direct contact with the child under a parenting order, an order for supervised contact, or an overseas parenting order registered under section 81.

(2) On an application for the purpose by an eligible person, a Family Court or a District Court may issue a warrant authorising a member of the police or a Social Worker or any other person named in the warrant to take the child (using reasonable force if necessary) and to deliver the child—

• (a) to the eligible person; or

• (b) to some other person or authority (for example, a person in or from a prescribed overseas country) named in the warrant on behalf of the eligible person.

(1) The Court may issue a warrant under section 72 or section 73 either on or after making a parenting order or an order for supervised contact.

(2) Neither section 72 nor section 73 affects any other power—

• (a) to enforce the role of providing day-to-day care for, or an order for contact with, a child; and

• (b) that was exercisable by a court immediately before the commencement, on 1 January 1970, of the Guardianship Act 1968.

(3) If a Family Court declines under section 72 or section 73 or in the exercise of a power to which subsection (2) relates to enforce the role of providing day-to-day care for, or an order for contact with, a child, it may, on its own initiative but subject to section 83(2) and (3), vary or discharge any existing order relating to that role or contact accordingly.

(1) For the purpose of executing a warrant issued under section 72 or section 73, a member of the police or a Social Worker or any other person named in the warrant may enter and search any building, aircraft, ship, vehicle, premises, or place, with or without assistance, and by force if necessary.

(2) The member of the police, Social Worker, or other person executing the warrant under section 72 or section 73—

• (a) must have that warrant with him or her; and

• (b) must produce it on initial entry and, if requested, at any later time; and

• (c) must identify himself or herself to any person in or on the building, aircraft, ship, vehicle, premises, or place who questions his or her right to enter and search the same or to take possession of the child; and

• (d) if he or she is a member of the police who is not in uniform, must produce evidence that he or she is a member of the police; and

• (e) if he or she is a Social Worker, must produce evidence that he or she is a Social Worker; and

• (f) if he or she is a person (not being a member of the police or a Social Worker) authorised by the warrant to take possession of the child, must produce evidence that he or she is the person so authorised.

(1) An authority (as defined in section 77(1)) may authorise the use, for the purpose of executing the warrant, of a faxed copy of a warrant issued under section 72 or 73 or 77.

(2) However, no authorisation may be granted under subsection (1) in relation to a warrant unless the authority is satisfied, having regard to the circumstances of the case, that any delay in executing the warrant that may be caused if a faxed copy is not able to be used for that purpose would or might unduly prejudice the purpose for which the warrant was issued.

(3) An authority may exercise the power conferred by subsection (1) either on or after issuing the warrant, and either on its own initiative or on an application for the purpose made to it by—

• (a) a party to the proceedings for the issue of the warrant; or

• (b) a person who is authorised to execute the warrant.

(4) If an authority grants an authorisation under subsection (1) in relation to a warrant, the authority must first write on the front of the warrant, and then sign, a note that states—

• (a) the fact that a faxed copy of the warrant may be used for the purposes of executing the warrant; and

• (b) the date and time at which the authorisation expires, which must be the close of the third day after the day on which the authorisation is granted.

(5) A faxed copy of a warrant in respect of which an authorisation granted under this section is in force must, for all purposes, be treated as if it were the warrant, and the provisions of this Act (for example, sections 75 and 79) apply accordingly with all necessary modifications.

(6) Without limiting any other enactment or rule of law, section 44 of the Policing Act 2008 (which relates to protection of Police employees for acts pursuant to process) applies in relation to a faxed copy of a warrant in respect of which an authorisation granted under this section is in force as if that faxed copy were the warrant.

(7) Subsection (6) is for the avoidance of doubt.

(1) In this section and section 76, authority means a High Court Judge or District Court Judge or Family Court Judge or, if no High Court Judge or District Court Judge or Family Court Judge is available, any Registrar of the High Court or of a District Court (not being a member of the police).

(2) An authority may, on an application for the purpose by any person, exercise the powers stated in subsection (3) if the authority believes on reasonable grounds that a person is about to take a child out of New Zealand with intent to, or in circumstances where the taking of the child out of New Zealand would be likely to,—

• (a) defeat the claim of a person who has applied for, or is about to apply for, the role of providing day-to-day care for, or an order for contact with, the child; or

• (b) prevent any order of any Court (including an order registered under section 81) about the role of providing day-to-day care for, or about contact with, the child from being complied with.

(3) In the situation stated in subsection (2), the authority—

• (a) may issue a warrant directing a member of the police or a Social Worker to take the child (using reasonable force if necessary) and place the child in the care of some suitable person pending the order or further order of the Court having jurisdiction in the case; and

• (b) may, in addition, order that any tickets or travel documents (including the passport) of the child, or of the person believed to be about to take the child out of New Zealand, or of both, be surrendered to the authority for a period and on any conditions the authority thinks fit; and

• (c) may, whether or not a warrant has been issued under paragraph (a) (either with or without an additional order under paragraph (b)), order that the child not be removed from New Zealand for a specified period, or until a further order of an authority.

(4) Sections 75 and 79 apply, with all necessary modifications, to every warrant under subsection (3)(a) as if every warrant of that kind were a warrant under section 72 or section 73.

(5) A person against whom an order under subsection (3)(b) or (c) is in force may apply to the authority for the discharge of the order, and the authority may, if it thinks fit, discharge the order accordingly.

(6) No proceedings for contempt of Court may be taken against a person in respect of an act authorised or required by this section or by an order or warrant made or issued under this section.

(1) Every person commits an offence and is liable on summary conviction to the penalty stated in subsection (2) who, without reasonable excuse and with intent to prevent a parenting order from being complied with, contravenes, or prevents compliance with, the parenting order.

(2) The penalty is imprisonment for a term not exceeding 3 months, or a fine not exceeding $2,500.

(3) Nothing in this section limits the power of a Court to punish a person for contempt of Court.

Every person commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months, or a fine not exceeding $2,500 who—

• (a) knowingly resists or obstructs any person executing a warrant under section 72 or section 73 or section 77; or

• (b) knowingly fails or refuses to afford immediate entrance to (all or a part of) any premises to any person executing a warrant under section 72 or section 73 or section 77.

Every person commits an offence and is liable on summary conviction to a fine not exceeding $2,500, or to imprisonment for a term not exceeding 3 months, or to both, who, without the leave of the Court, takes or attempts to take any child out of New Zealand—

• (a) knowing that proceedings are pending or are about to be commenced under this Act in respect of the child; or

• (b) knowing that there is in force an order of a Court (including an order registered under section 81) giving any other person the role of providing day-to-day care for, or contact with, the child; or

• (c) with intent to prevent an order of a Court (including an order registered under section 81) about the role of providing day-to-day care for, or about contact with, the child, from being complied with.

(1) If the following documents are transmitted to the Secretary, he or she must send them to the Registrar of a District Court:

• (a) a certified copy of an overseas parenting order; and

• (b) a certificate that—

  • (i) is signed by an officer of a court in the overseas country in which the order was made; and

  • (ii) contains a statement that the order is, at the date of the certificate, enforceable in the overseas country; and

• (c) written information tending to show that any of the following persons is present in New Zealand or is proceeding to, or is about to proceed to, New Zealand:

  • (i) the child who is the subject of the order; or

  • (ii) a parent of that child; or

  • (iii) a person who, under the overseas parenting order, has the role of providing day-to-day care for, or may have contact with, that child.

(2) The Registrar of the District Court must register the order by filing a certified copy of the order in the Court.

(3) A Registrar of a District Court who receives the documents referred to in subsection (1) other than from the Secretary may register the order concerned if the Registrar is satisfied that the nature of the documents is such that, if they had been transmitted to the Secretary, the Secretary would have sent them to the Registrar.

(1) If an overseas parenting order is registered in a Court under section 81, then, so long as the registration is not cancelled, the order may be enforced, varied, or discharged as if it were an order made by that Court under this Act.

(2) This section is subject to sections 83 and 85(1).

(1) If an overseas parenting order is registered in New Zealand under section 81 and that order relates to the role of providing day-to-day care for a child, or to having contact with a child, or to both of those matters, no Court in New Zealand (other than in proceedings under any of sections 72 to 76) may, in respect of any matter determined by the overseas parenting order, exercise jurisdiction in relation to the child who is the subject of the order unless—

• (a) every person having the role of providing day-to-day care for, or who may have contact with, the child, under the overseas parenting order consents to the exercise of jurisdiction by the Court in the proceedings; or

• (b) the Court is satisfied that there are substantial grounds for believing that the welfare and best interests of the child will be adversely affected if the Court does not exercise jurisdiction in the proceedings.

(2) If a Court in New Zealand exercises jurisdiction in proceedings relating to the role of providing day-to-day care for, or relating to having contact with, a child who is the subject of an overseas parenting order that is registered in New Zealand under section 81, the Court must not make an order about the role of providing day-to-day care for, or about contact with, the child unless the person who commenced the proceedings satisfies the Court—

• (a) that the child's welfare and best interests are likely to be adversely affected if the order is not made; or

• (b) that there has been such a change in the child's circumstances that the order ought to be made.

(3) If a Court in New Zealand exercises jurisdiction in proceedings relating to the role of providing day-to-day care for, or relating to having contact with, a child, and does so without notice of the existence of an overseas parenting order relating to that child and that is registered in New Zealand under section 81, any order made by the Court on or after the date of the registration of the overseas parenting order and that is in respect of any matter determined by the overseas parenting order is of no effect.

(1) If a Court exercising jurisdiction under sections 56 and 82 makes an order varying or discharging an overseas parenting order, the Registrar of the Court exercising that jurisdiction—

• (a) must forward to the court, or to the appropriate authority, in the prescribed overseas country—

  • (i) 3 certified copies of the order varying or discharging the overseas parenting order and the reasons for the variation or discharge; and

  • (ii) any further material the Court directs; and

• (b) unless he or she is the Registrar of the Court in which the overseas custody order is registered, must forward to the Registrar of that Court a copy of the order varying or discharging the overseas parenting order.

(2) The Registrar of the Court in which the overseas custody order is registered must, on receiving notice of the discharge or variation of that order, note the Court's records accordingly, and, if the overseas parenting order is discharged, must cancel the registration of that order.

(1) A Court must not enforce an overseas parenting order under section 72 or section 73, and must not exercise jurisdiction in respect of the order under sections 56 and 82, if the Court is satisfied that the order—

• (a) was not, at the time of its registration in New Zealand, enforceable in the country in which it was made; or

• (b) has, since its registration in New Zealand, ceased to be enforceable in the country in which it was made.

(2) The Registrar of a Court in which an overseas parenting order is registered must cancel the registration of the order and inform the court in the prescribed overseas country of the cancellation if he or she is satisfied that the order is not enforceable in the prescribed overseas country in which it was made, and is satisfied of those matters by—

• (a) documentary evidence the Registrar has received; or

• (b) the refusal of a New Zealand Court, on the grounds stated in subsection (1), to enforce the order under section 72 or section 73, or to exercise jurisdiction under sections 56 and 82 in respect of the order.

(3) For the purposes of subsection (1), an overseas parenting order is not unenforceable in the country in which it was made just because the child to whom the order relates or any other person affected by the order is no longer in that country.

Nothing in section 81 prevents a Court from receiving evidence of an order made in an overseas country (whether or not that country is a prescribed overseas country) and relating to the role of providing day-to-day care for, or relating to contact with, a child.

(1) This section applies to a Court if, for the purpose of enforcing the role, conferred by an overseas parenting order that is registered in New Zealand, of providing day-to-day care for a child, the Court issues, or has issued, in relation to any child, a warrant under section 72.

(2) The Court may, if it thinks just, make, against any person who has knowingly abducted the child, or who is deliberately holding the child, in contravention of the overseas parenting order, an order for the payment of some or all of the costs of returning the child to the person who, under the overseas parenting order, has the role of providing day-to-day care for the child.

(3) The costs referred to in subsection (2) may include the costs and travelling expenses of any necessary escort.

If an application under either sections 56 and 81 or section 87 is heard in a District Court,—

• (a) the evidence of a person beyond New Zealand may be taken in accordance with the rules of the High Court covering the examination of witnesses beyond New Zealand; and

• (b) the High Court Rules, as far as they are applicable and with all necessary modifications, apply accordingly.

(1) For the purposes of sections 72 to 76 and sections 81 to 88,—

• (a) a document purporting to be signed by a Judge, District Court Judge, or officer of a court in a prescribed overseas country must, unless the contrary is proved, be treated as having been so signed without proof of the signature, or judicial or official character, of the person appearing to have signed it; and

• (b) the officer of a court by whom a document purports to be signed must, unless the contrary is proved, be treated as having been the proper officer of the court to sign the document.

(2) A document purporting to be signed, certified, or verified by a person in subsection (1) must be admitted in evidence in proceedings for the purposes of sections 72 to 76 or sections 81 to 88 if it appears to be relevant to those proceedings.

Depositions taken for the purposes of any of sections 72 to 76 or sections 81 to 87 in a court in any prescribed overseas country may be received in evidence in proceedings for the purposes of any of sections 72 to 76 or sections 81 to 87.

(1) The Governor-General may, by Order in Council, declare a country outside New Zealand to be a prescribed overseas country for the purposes of this Act.

(2) An order under subsection (1)—

• (a) may specify the courts of the overseas country in relation to which the order is to have effect or otherwise modify the application of that order to that country; and

• (b) may be varied or amended, revoked, or revoked and replaced by a later order of that kind.

(1) Subsection (2) applies to an order (not being an interim order or an order made without notice)—

• (a) made by a Court in New Zealand and about the role of providing day-to-day care for, or about contact with, a child; and

• (b) that may be enforced in a particular prescribed overseas country under provisions corresponding to sections 81 and 82.

(2) The Registrar of the Court in which the order was made, or last varied, or filed in accordance with section 127, must send to the Secretary for transmission to an appropriate court or authority in that particular prescribed overseas country the information specified in subsection (3) if—

• (a) that Registrar is requested to do so in accordance with section 93; and

• (b) the request is made in writing by, or on behalf of, a person who, under the order, has the role of providing day-to-day care for, or may have contact with, the child.

(3) The information referred to in subsection (2) is—

• (a) 3 certified copies of the order; and

• (b) the information and material (if any) that the Registrar possesses for ascertaining the identity and whereabouts of the child and any other person who is subject to the order; and

• (c) a statement that the order is enforceable in New Zealand; and

• (d) a request in writing that the order be made enforceable in that prescribed overseas country; and

• (e) any other documents and information that the Registrar believes are necessary for securing the enforcement of the order in that prescribed overseas country.

(4) If a court in a prescribed overseas country has made an order in proceedings about the role of providing day-to-day care for, or about having contact with, a child, being proceedings to which a provision corresponding to section 83(1) and (2) applies, a Court in New Zealand—

• (a) may treat the order as if it were an overseas parenting order registered in New Zealand; and

• (b) may exercise jurisdiction accordingly in respect of the order.

(5) If a Court exercises jurisdiction under subsection (4), the Registrar of the Court must promptly forward to the court in the prescribed overseas country—

• (a) 3 certified copies of the further order of the Court and the reasons for the order; and

• (b) any further material the Court directs.

(6) If a person has the role of providing day-to-day care for, or may have contact with, a child, under an order made by a Court in New Zealand, nothing in this section prevents that person from—

• (a) obtaining certified copies of the order; or

• (b) applying to a court or other appropriate authority in an overseas country (whether or not it is a prescribed overseas country) for enforcement, or registration and enforcement, of the order in that country.

(7) Registration in an overseas country of an order made in New Zealand about the role of providing day-to-day care for, or about contact with, a child, does not prevent the expiry of the order or its variation or discharge under this Act.

(1) A request may not be made to the Registrar under section 92 in respect of an order about the role of providing day-to-day care for, or about contact with, a child unless,—

• (a) in the case of a request made by, or on behalf of, a person who, under the order, has the role of providing day-to-day care for the child, the person by whom or on whose behalf the request is made—

  • (i) believes, on reasonable grounds, that another person will apply, in a prescribed overseas country, for the role of providing day-to-day care for the child; or

  • (ii) is unable to have the order enforced in New Zealand because the child was removed from New Zealand, without the consent of that person, during the course of the proceedings in which the order was made:

• (b) in the case of a request made by, or on behalf of, a person who, under the order, may have contact with the child, the person by whom or on whose behalf the request is made believes, on reasonable grounds, that it is necessary to register the order in a prescribed overseas country in order to ensure that the order may be enforced in that country.

(2) If a request is made to the Registrar under section 92,—

• (a) the Registrar may require the person by whom or on whose behalf the request is made to supply to the Registrar any evidence in support of that request that may be necessary to enable the Registrar to determine whether or not the requirements of this section, as they relate to the making of that request, are met; and

• (b) the Registrar may refuse to take any further action on that request until that evidence is so supplied.

The purpose of this subpart is to—

• (a) implement in New Zealand law the Hague Convention on the Civil Aspects of International Child Abduction; and

• (b) provide for related matters; and

• (c) replace the Guardianship Amendment Act 1991.

In this subpart, unless the context otherwise requires,—

This subpart, in so far as it applies to the removal of children, applies only to removals occurring after the commencement, on 1 August 1991, of the Guardianship Amendment Act 1991.

For the purposes of this subpart, rights of custody, in relation to a child, include the following rights attributed to a person, institution, or other body, either jointly or alone, under the law of the Contracting State in which the child was habitually resident immediately before the child's removal or retention:

• (a) rights relating to the care of the person of the child (for example, the role of providing day-to-day care for the child); and

• (b) in particular, the right to determine the child's place of residence.

Subject to Articles 39 and 40 of the Convention, for the purposes of this subpart, the Contracting States (other than New Zealand) are those countries in respect of which the Convention is for the time being in force for New Zealand.

(1) This section applies to a certificate signed by the Secretary of Foreign Affairs and Trade and stating—

• (a) that a specified country is or is not a country in respect of which the Convention is in force as between that country and New Zealand; and

• (b) where applicable, that there is in effect, in respect of any specified provision of the Convention, a reservation made by any Contracting State under Article 42 of the Convention.

(2) The certificate must, for all purposes, be treated as conclusive evidence of the matters stated in it unless the contrary is proved by the production of another certificate issued—

• (a) for the purposes of this section; but

• (b) after the certificate was issued.

(1) The Secretary is the Central Authority for New Zealand, and for that purpose the Secretary has all the duties, may exercise all the powers, and must perform all the functions, that a Central Authority has under the Convention.

(2) The Secretary must not be made subject to any order to pay costs in relation to the exercise or performance, by the Secretary, of any of the Secretary's duties, powers, or functions as the Authority.

(1) The duties, powers, and functions that, under the Convention, are conferred or imposed on the judicial authorities of a Contracting State must, in New Zealand, be exercised or performed by a Family Court or a District Court.

(2) Every Family Court and every District Court has the jurisdiction, and has and may exercise the powers, that is or are reasonably necessary or expedient to enable the Court to carry out its functions and duties under the Convention.

(3) Subsection (2) is subject to this subpart and to any rules made under section 146(4).

(1) A person may apply in writing to the Authority to have his or her claim transmitted to a Contracting State other than New Zealand if the person claims—

• (a) that a child has been removed from New Zealand to that other Contracting State; and

• (b) that the child was removed from New Zealand to that other Contracting State in breach of that person's rights of custody in respect of the child; and

• (c) that at the time of the removal those rights of custody were actually being exercised by that person, or would have been so exercised but for the removal; and

• (d) that the child was habitually resident in New Zealand immediately before the removal.

(2) Every application under subsection (1) must be in the form prescribed by rules made under, or referred to in, section 146.

(3) If the Authority is satisfied that an application made under subsection (1) is in accordance with the requirements of the Convention, the Authority must take on behalf of the applicant any action required to be taken by the Authority under the Convention.

(1) The Authority must take action under the Convention to secure the prompt return of the child to a Contracting State other than New Zealand if the Authority receives, in respect of a child, an application claiming—

• (a) that the child is present in New Zealand; and

• (b) that the child was removed from that other Contracting State in breach of the applicant's rights of custody in respect of the child; and

• (c) that at the time of the removal those rights of custody were actually being exercised by the applicant, or would have been so exercised but for the removal; and

• (d) that the child was habitually resident in that other Contracting State immediately before the removal.

(2) Subsection (1) is subject to sections 104 and 123.

(3) In particular, the Authority must take or cause to be taken all appropriate measures—

• (a) to discover where the child is; and

• (b) to ensure the safety of the child and prevent prejudice to any interested party; and

• (c) to secure the voluntary return of the child to that other Contracting State, or to bring about an amicable resolution of the issues; and

• (d) to facilitate the making of an application under section 105 by, or on behalf of, the applicant.

(1) The Authority may return the application concerned to the applicant or the Central Authority by which it was transmitted, and may request that the information or documents concerned be made available, if—

• (a) an application to which section 103(1) applies is received by the Authority; and

• (b) the application—

  • (i) does not contain the information specified in subsection (2); or

  • (ii) is not accompanied or supplemented by the documents referred to in subsection (3); and

• (c) the Authority considers that the fact that the application does not contain that information or is not accompanied or supplemented by those documents is likely to seriously impair the ability of the Authority to carry out its duties in respect of the application.

(2) The information referred to in subsection (1)(b)(i) is—

• (a) information concerning the identity of the applicant, the child, and the person alleged to have removed the child:

• (b) the date of birth of the child:

• (c) the grounds on which the applicant's claim for the return of the child is based:

• (d) information relating to the whereabouts of the child and the identity of the person with whom the child is presumed to be.

(3) The documents referred to in subsection (1)(b)(ii) are—

• (a) an authenticated copy of any decision, agreement, or other document, if it is relevant to the application:

• (b) a certificate or affidavit concerning the relevant law of the Contracting State of the child's habitual residence, being a certificate or affidavit from the Central Authority of that State, or from any other competent authority of that State, or from any qualified person.

(1) An application for an order for the return of a child may be made to a Court having jurisdiction under this subpart by, or on behalf of, a person who claims—

• (a) that the child is present in New Zealand; and

• (b) that the child was removed from another Contracting State in breach of that person's rights of custody in respect of the child; and

• (c) that at the time of that removal those rights of custody were actually being exercised by that person, or would have been so exercised but for the removal; and

• (d) that the child was habitually resident in that other Contracting State immediately before the removal.

(2) Subject to section 106, a Court must make an order that the child in respect of whom the application is made be returned promptly to the person or country specified in the order if—

• (a) an application under subsection (1) is made to the Court; and

• (b) the Court is satisfied that the grounds of the application are made out.

(3) A Court hearing an application made under subsection (1) in relation to the removal of a child from a Contracting State to New Zealand may request the applicant to obtain an order from a court of that State, or a decision of a competent authority of that State, declaring that the removal was wrongful within the meaning of Article 3 of the Convention as it applies in that State, and may adjourn the proceedings for that purpose.

(4) A Court may dismiss an application made to it under subsection (1) in respect of a child or adjourn the proceedings if the Court—

• (a) is not satisfied that the child is in New Zealand; or

• (b) is satisfied that the child has been taken out of New Zealand to another country.

(1) If an application under section 105(1) is made to a Court in relation to the removal of a child from a Contracting State to New Zealand, the Court may refuse to make an order under section 105(2) for the return of the child if any person who opposes the making of the order establishes to the satisfaction of the Court—

• (a) that the application was made more than 1 year after the removal of the child, and the child is now settled in his or her new environment; or

• (b) that the person by whom or on whose behalf the application is made—

  • (i) was not actually exercising custody rights in respect of the child at the time of the removal, unless that person establishes to the satisfaction of the Court that those custody rights would have been exercised if the child had not been removed; or

  • (ii) consented to, or later acquiesced in, the removal; or

• (c) that there is a grave risk that the child's return—

  • (i) would expose the child to physical or psychological harm; or

  • (ii) would otherwise place the child in an intolerable situation; or

• (d) that the child objects to being returned and has attained an age and degree of maturity at which it is appropriate, in addition to taking them into account in accordance with section 6(2)(b), also to give weight to the child's views; or

• (e) that the return of the child is not permitted by the fundamental principles of New Zealand law relating to the protection of human rights and fundamental freedoms.

(2) In determining whether subsection (1)(e) applies in respect of an application made under section 105(1) in respect of a child, the Court may consider, among other things,—

• (a) whether the return of the child would be inconsistent with any rights that the child, or any other person, has under the law of New Zealand relating to political refugees or political asylum:

• (b) whether the return of the child would be likely to result in discrimination against the child or any other person on any of the grounds on which discrimination is not permitted by the United Nations International Covenants on Human Rights.

(3) On hearing an application made under section 105(1) in respect of a child, a Court must not refuse to make an order under section 105(2) in respect of the child just because there is in force or enforceable in New Zealand an order about the role of providing day-to-day care for that child, but the Court may have regard to the reasons for the making of that order.

(1) A Court to which an application under section 105(1) is made must, so far as practicable, give priority to the proceedings in order to ensure that they are dealt with speedily.

(2) Subsection (3) applies to an application made to a Court under section 105(1) in respect of a child if the application is not determined within the period of 6 weeks commencing on the date on which the application is made.

(3) The Authority may, and must if requested by the applicant or the Central Authority of the Contracting State from which the child was removed, request the Registrar of the Court to supply a statement of the reasons why the application has not been determined within that period, and the Registrar must, as soon as practicable, supply the statement to the Authority.

(4) The Authority must send a copy of the statement to the applicant or, as the case may require, the Central Authority of the relevant Contracting State.

A Court to which an application under section 105(1) is made may, at any time before the application is determined, give any interim directions it thinks fit for the purpose of securing the welfare and best interests of the child concerned or of preventing changes in the circumstances relevant to the determination of the application.

(1) A Court to which an application under section 105(1) is made in respect of a child—

• (a) must not, while those proceedings are pending, make any order or decision about the role of providing day-to-day care for that child in any other proceedings that are before that Court (whether those proceedings were commenced before, after, or at the same time as, the application was made); and

• (b) may adjourn those other proceedings pending the determination of the application.

(2) Subsection (1)(a) does not limit or affect the Court's power under section 108 to give interim directions.

If a Court to which an application under section 105(1) is made in respect of a child refuses to make an order under section 105(2) for the return of the child, the Court may, on an application for the purpose by a party to the proceedings or on its own initiative, make any interim or final parenting order that it thinks fit with respect to the child.

A Court that has jurisdiction under this subpart may, if requested by the Central Authority of another Contracting State, make an order declaring that the removal of a child from New Zealand to that Contracting State was wrongful within the meaning of Article 3 of the Convention.

(1) A person may apply in writing to the Authority to have his or her claim transmitted to a Contracting State other than New Zealand if the person claims—

• (a) to have rights of access in respect of a child; and

• (b) that the child is habitually resident in a Contracting State; and

• (c) that the child is present in the Contracting State other than New Zealand.

(2) Every application under subsection (1) must be in the form prescribed by rules made under, or referred to in, section 146.

(3) If the Authority is satisfied that an application made under subsection (1) is in accordance with the requirements of the Convention, the Authority must take on behalf of the applicant any action required to be taken by the Authority under the Convention.

The Authority must make any arrangements that may be appropriate to organise or secure the effective exercise of the applicant's rights of access if the Authority receives, in respect of a child, an application in which the applicant claims—

• (a) to have rights of access in respect of a child; and

• (b) that the child is habitually resident in New Zealand; and

• (c) that the child is present in New Zealand.

Every application under section 102 or section 112 in respect of a child must be accompanied by a translation of the application, being a translation—

• (a) into the official language, or one of the official languages, of the Contracting State to which the application is intended to be sent; or

• (b) if that Contracting State has made a reservation under Article 42 of the Convention objecting to the use of English, into French.

(1) In determining whether, under the law of a Contracting State, an applicant has rights of custody in respect of a child, a Court may, despite anything in sections 37 to 41 of the Evidence Act 1908, take direct notice of—

• (a) the law of that Contracting State:

• (b) any decision or determination of a judicial or administrative authority of that Contracting State, whether or not formally recognised in that State:

• (c) any agreement having legal effect under the law of that Contracting State.

(2) For the purposes of subsection (1), a decision or determination of a judicial or administrative authority outside New Zealand may be proved by a duly authenticated copy of the decision or determination; and any document purporting to be such a copy must be treated as a true copy unless the contrary is shown.

(3) For the purposes of subsection (2), a copy is duly authenticated if it purports to bear the seal, or purports to be signed by a Judge or officer, of the authority in question.

(1) This section applies to an applicant who—

• (a) makes an application under section 102 or section 103 or section 105 or section 112 or section 113; but

• (b) has not appointed a lawyer to act for the applicant for the purposes of the application.

(2) The Authority must, if the circumstances so require, appoint a lawyer to act for the applicant for the purposes of the application, including (in the case of an application under section 103 or section 105) any proceedings under section 105.

(3) Sections 7(4), 131, 137(1)(c), and 147(2)(c) apply, so far as applicable and with all necessary modifications, to a lawyer appointed under subsection (2) as if the lawyer were appointed under section 7(1).

(1) A District Court Judge or Family Court Judge may issue a warrant of the kind referred to in subsection (2) if—

• (a) an application under section 103 in respect of a child is made to, and received by, the Authority; and

• (b) a person applies in writing and on oath to the Judge for a warrant of the kind referred to in subsection (2); and

• (c) the Judge is satisfied that there are reasonable grounds for believing that a person will attempt to conceal the whereabouts of the child with intent to, or in circumstances where the concealment would be likely to, defeat the claim of the applicant.

(2) The warrant referred to in subsection (1) is a warrant that authorises a member of the police or Social Worker, either by name or generally, to take possession of the child, and to place the child in the care of some suitable person pending the order or further order of the Court having jurisdiction in the case.

(3) A Registrar of a District Court (not being a member of the police) may exercise the power given to a District Court Judge or Family Court Judge by this section (which applies with all necessary modifications), but only if no District Court Judge or Family Court Judge is available.

(4) Sections 75, 76, and 79 apply, so far as applicable and with all necessary modifications, to every warrant issued under subsection (1) as if every warrant of that kind were a warrant issued under section 72.

(1) This section applies to a High Court Judge or District Court Judge or Family Court Judge who is satisfied that there are reasonable grounds for believing that a person is about to take a child out of New Zealand with intent to, or in circumstances where the taking of the child out of New Zealand would be likely to,—

• (a) defeat the claim of a person who has made, or is about to make, an application under section 103 or section 105 or section 113; or

• (b) prevent an order under section 105(2) from being complied with.

(2) A Judge to whom this section applies—

• (a) may exercise, in respect of that child, the power referred to in section 77(3)(a); and

• (b) may exercise, in respect of that child, or the person believed to be about to take the child out of New Zealand, or both, the power referred to in section 77(3)(b); and

• (c) may, whether or not the power referred to in paragraph (a) has been exercised (with or without the exercise of the power referred to in paragraph (b)), make an order of the kind referred to in section 77(3)(c) in respect of that child.

(3) If a power referred to in subsection (2)(a) or (b) or (c) is exercised, section 77(4) and (5), so far as applicable and with all necessary modifications, applies accordingly.

(4) A Registrar of the High Court or of a District Court (not being a member of the police) may exercise the power given by this section (which applies with all necessary modifications), but only if no High Court Judge or District Court Judge or Family Court Judge is available.

(1) If, in proceedings under section 105, a Court makes an order under section 105(2) for the return of a child, a Family Court or a District Court may, at any time, issue a warrant of the kind referred to in subsection (2), either on its own initiative or on an application for the purpose by a party to the proceedings.

(2) The warrant referred to in subsection (1) is a warrant that authorises any member of the police or any Social Worker or any other person named in the warrant to take possession of the child and to deliver the child to a person or authority named in the warrant for the purpose of returning the child in accordance with the order.

(3) The powers conferred on a Court by subsection (1) may, if the Court thinks fit, be exercised on the making of an order under section 105(2) for the return of a child.

(4) Sections 75, 76, and 79 apply, so far as applicable and with all necessary modifications, to every warrant issued under subsection (1) as if every warrant of that kind were a warrant issued under section 72.

(1) A person who makes an application under section 102 or section 103 or section 105 or section 112 or section 113 must not be required to provide any security, bond, or deposit for the purpose of guaranteeing the payment of, or to make any payment towards, the costs or expenses of (or incidental to) any proceedings relating to that application.

(2) Subsection (1) is subject to section 131(4) (as applied by section 116(3)).

(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.

(1) A copy of an order made under section 121 may be lodged in the High Court.

(2) On being so lodged, the order must be treated, from the date on which it is lodged, as an order of the High Court.

(3) In particular, the order is of the same force and effect for the purposes of execution, and carries interest on the amount payable under it in the same way, and is subject to the same control over its execution by the High Court, as if it were an order originally made in the High Court and entered on the date on which it is so lodged.

(4) If, on an application for the purpose, it thinks fit to do so, the High Court may, at any time, set aside the lodging of an order under this section on any terms it thinks just.

(1) Nothing in this subpart requires the Authority to take any action in respect of an application if it is manifest—

• (a) that the requirements of the provisions of this subpart that are applicable to the application have not been fulfilled or complied with; or

• (b) that the application is otherwise not well founded.

(2) If, under this section, the Authority refuses to take any action in respect of an application, the Authority must promptly inform the applicant or, as the case may require, the Central Authority through which the application was transmitted of the grounds for the refusal.

(3) If, under this section, the Authority refuses to take any action in respect of an application, a person aggrieved by that refusal may appeal to a District Court or a Family Court against that refusal.

(4) On an appeal under subsection (3), the Court may—

• (a) make any order the Court considers just; or

• (b) refer the matter back to the Authority with directions to reconsider the whole or a specified part of the matter.

(5) The Court's decision on the appeal is final.

Nothing in this subpart prevents a Court, at any time, from making an order for the return of a child to a Contracting State otherwise than under the provisions of this subpart.