Section 205 — Children, Young Persons, and Their Families Act 1989: Preventing removal of child or young person from New Zealand

205 Preventing removal of child or young person from New Zealand (1) This section applies where— (a) An application is made to the Court for a declaration under section 67 , or for an order under section 207K or section 207Q in relation to a child or young person; and (b) Any District Court Judge or, if no District Court Judge is available, any Registrar (not being a member of the Police) is satisfied that there are reasonable grounds for believing that any person is about to take that child or young person out of New Zealand. (2) Where this section applies, the District Court Judge or Registrar— (a) May order that any tickets or travel documents (including the passport) of the child or young person, or of the person believed to be about to take the child or young person out of New Zealand, or of both, be surrendered to the Court for such period and upon such conditions as the Court thinks fit; and (b) May, in addition, issue a warrant directing any Social Worker or member of the Police to take possession of the child or young person (using such reasonable force as may be necessary) and place the child or young person in the custody of the chief executive pending the order or further order of the Court. (3) Any person against whom an order under subsection (2)(a) of this section is in force may apply to the Court for the discharge of the order, and the Court, in its discretion, may discharge the order. (4) Section 123 of this Act shall apply, with all necessary modifications, in relation to every warrant issued under subsection (2) of this section as if every such warrant were a warrant issued under section 122 of this Act (which relates to the enforcement of rights of access). Compare: 1968 No 63 s 20; 1979 No 52 s 3(1) Subsection (1)(a) was amended, as from 1 November 1999, by section 6 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116) by substituting “ , or for an order under section 207K or section 207Q ” for “ of this Act ” . Subsection (2)(b) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “ chief executive ” for “ Director-General ” . Subsection (4) was amended, as from 2 September 1996, by section 2(4) Children, Young Persons, and Their Families Amendment Act 1996 (1996 No 112) by substituting “ Section 123 ” for “ Sections 123 and 124 ” .