New Zealand Acts

CARE OF CHILDREN ACT 2004 - SECT 72

72 Warrant to enforce role of providing day-to-day care for child

1 In this section,
"eligible person" , in relation to a child, means a person who, at the time of the application, has the role of providing day-to-day care for the child—

a) through being a guardian (other than a testamentary guardian) whose role of providing day-to-day care for the child has not been removed by a court order; or

b) under a parenting order, some other order of a New Zealand court, or an overseas parenting order registered under section 81 .

2 On an application for the purpose by an eligible person, the Family Court or the District Court may issue a warrant authorising a constable or a social worker or any other person named in the warrant to take the child (using reasonable force if necessary) and to deliver the child—

a) to the eligible person; or

b) to some other person or authority (including a person in or from a prescribed overseas country) named in the warrant on behalf of the eligible person.

3 However, if 2 or more persons have the role of providing day-to-day care for a child, no warrant under this section may authorise—

a) the removal of the child from the care of one of those persons; and

b) the delivery of the child to the care of another of them.

Note: 1968 No 63 s 19(1), (5)

History: Section 72(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).   Section 72(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).