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New Zealand Care of Children Act 2004

NEW ZEALAND CARE OF CHILDREN ACT 2004

 

Enforcing overseas parenting orders in New Zealand

81.Registration of overseas parenting orders—

(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.

82.Effect of registration—

(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).

83.Exercise of jurisdiction in respect of child subject to registered overseas parenting order—

(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.

84.Variation or discharge of registered overseas parenting order—

(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.

85.Registered overseas parenting orders not to be enforced in certain circumstances—

(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.

86.Evidence of orders made in overseas countries—

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.

87.Costs of returning child: order for payment when warrant issued under section 72—

(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.

88.Evidence—

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.

89.Proof of documents—

(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.

90.Depositions to be evidence—

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.

91.Prescribed overseas countries—

(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.

Enforcing New Zealand orders overseas 92.Enforcement of New Zealand orders overseas—

(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.

93.Restrictions on right to make request under section 92—

(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.

94.Purpose of this subpart—

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.

95.Interpretation—

In this subpart, unless the context otherwise requires,— "applicant" means a person by whom or on whose behalf an application has been made under section 102 or, as the case requires, section 103 or section 105 or section 112 or section 113 "Authority" means the Central Authority for New Zealand designated by section 100

(1) "Central Authority'' has the meaning it has in the Convention "child" means a person under the age of 16 years "Contracting State" means a country that, under section 98, is a Contracting State "Convention" means the Convention on the Civil Aspects of International Child Abduction signed at The Hague on 25 October 1980, a copy of which is set out in Schedule 1 "habitual residence," in relation to a Contracting State that in matters relating to the custody of children has 2 or more systems of law applicable in different territorial units, means habitual residence in a territorial unit of that State "law" means,—

(a)in relation to a Contracting State that in matters relating to the custody of children has 2 or more systems of law applicable in different territorial units, the law of the territorial unit of that State in which the relevant child habitually resides:

(b)in relation to a Contracting State that in matters relating to the custody of children has 2 or more systems of law applicable to different categories of persons, the legal system specified by the law of that State: "person" includes any institution or other body having rights of custody in respect of a child "removal," in relation to a child, means the wrongful removal or retention of the child within the meaning of Article 3 of the Convention "rights of access" include—

(i)the right to visit a child (for example, under an order for contact made under this Act); and

(ii)the right to take a child for a limited period of time to a place other than the child's habitual residence (for example, under an order for contact made under this Act) "rights of custody" has the meaning given to it by section 97 "United Nations International Covenants on Human Rights" means the following, adopted by the General Assembly of the United Nations on 16 December 1966:

    (1)the International Covenant on Civil and Political Rights:

    (2)the International Covenant on Economic, Social, and Cultural Rights.

96.Application of this subpart—

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.

97.Rights of custody defined—

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.

98.Contracting States—

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.

99.Certificates as to Contracting States—

(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.

100.Central Authority for New Zealand—

(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.

101.Courts having jurisdiction to entertain applications under Convention—

(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).

Application for return of child 102.Child abducted from New Zealand—

(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.

103.Child abducted to New Zealand—

(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.

104.Authority may request further information—

(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.

105.Application to Court for return of child abducted to New Zealand—

(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.

106.Grounds for refusal of order for return of child—

(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 104(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 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.

107.Applications to be dealt with speedily—

(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.

109.No order or decision about role of providing day-to-day care for child to be made until application determined—

(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.

110.Contact with, and role of providing day-to-day care for, child, if application dismissed—

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.

111.Request for declaration that child wrongfully removed—

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.

Application for access to child 112.Child outside New Zealand—

(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.

113.Child in New Zealand—

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.

114.Translation to accompany application—

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.

115.Evidentiary provisions—

(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.

116.Lawyer to act for applicant—

(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).

117.Preventing concealment of whereabouts of child—

(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.

118.Preventing removal of child to defeat application—

(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.

119.Enforcing order for return of child—

(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.

120.Security for costs, etc—

(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)).

121.Costs of returning child: order for payment or refund when order under section 105(2) applied for or made—

(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 applicat

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