Section 102 — Care of Children Act 2004: Child abducted from New Zealand

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. Compare: 1991 No 19 s 9