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StatuteCare of Children Act 2004

Section 115 — Care of Children Act 2004: Evidentiary provisions

Text of the provision Official document

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. Compare: 1991 No 19 s 22

Official source: legislation.govt.nz

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Statutory text from an official public source. Informational content — does not replace advice from a qualified lawyer.