New Zealand Acts

CARE OF CHILDREN ACT 2004 - SECT 127

127 Removal of High Court orders to Family Court

1 A party to proceedings in the High Court in which an order has been made about the guardianship of a child, or about the role of providing day-to-day care for a child, or about contact with a child, whether that order was made before or after the commencement of this Act, may apply to the Registrar of the High Court at the place where the order was made to have a copy of the order filed in the Family Court.

2 The party must forward with the application—

a) a copy of the order and of any order varying or otherwise affecting it; and

b) the fees prescribed for sealing copies of orders.

3 On receiving the application, the Registrar must—

a) transmit to the Registrar of the office of the Family Court specified in the application a copy under the seal of the High Court of the order and of every order varying or otherwise affecting it, and

b) record on the original order a note to the effect that the copy has been so transmitted.

4 On receiving the copy of an order transmitted under subsection (3), the Registrar of the Family Court must file it.

5 If an order is removed to the Family Court under this section, the Registrar of the High Court who transmitted a copy of the order must forward to a Registrar of the Family Court a copy under the seal of the court of every order of the High Court varying or otherwise affecting the order removed.

Note: 1968 No 63 s 26

History: Section 127(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).   Section 127(3)(a): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).     Section 127(5): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).