Section 77 — Care of Children Act 2004: Preventing removal of child from New Zealand

77 Preventing removal of child from New Zealand (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. Compare: 1968 No 63 s 20(1)-(2), (4)