72 Warrant to enforce role of providing day-to-day care for child


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—


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


under a parenting order, some other order of a New Zealand court, or an overseas parenting order registered under section 81.


On an application for the purpose by an eligible person, the Family Court or the District Court may issue a warrant authorising a constable 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—


to the eligible person; or


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.


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—


the removal of the child from the care of one of those persons; and


the delivery of the child to the care of another of them.

Compare: 1968 No 63 s 19(1), (5)

Section 72(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 72(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).