Adoption (Intercountry) Act 1997

1: Short Title and commencement
1: This Act may be cited as the Adoption (Intercountry) Act 1997.
2: This Act comes into force on a date to be appointed by the Governor-General by Order in Council.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 1(2): Adoption (Intercountry) Act 1997 brought into force 1 January 1999 clause 2 Adoption (Intercountry) Act Commencement Order 1998 Section 1(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2: Interpretation
In this Act, unless the context otherwise requires,— chief executive Contracting State Convention Schedule department Oranga Tamariki Act 1989 New Zealand accredited body Part 2 New Zealand Central Authority section 5 organisation Section 2 chief executive inserted 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 2 department inserted 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 2 department amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 2 Director-General repealed 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
3: Act binds the Crown
This Act binds the Crown.
1: Intercountry adoption
4: Convention to have force of law
Subject to the provisions of this Act, the provisions of the Convention have the force of law in New Zealand.
5: New Zealand Central Authority
1: The chief executive
2: The chief executive
3: The chief executive chief executive chief executive’s 1991 No 19 s 7 Section 5(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 5(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 5(3) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
6: Delegation of functions
1: The New Zealand Central Authority may, to the extent permitted by the Convention and by any regulations made under this Act, delegate the functions of a Central Authority under Article 9 or Chapter IV of the Convention to public authorities or New Zealand accredited bodies.
2: No such delegation prevents the exercise of any functions by the New Zealand Central Authority.
7: Chief executive
1: The chief executive
2: Subsection (1) applies notwithstanding that the function of preparing those reports may also have been delegated to any public authority or New Zealand accredited body.
3: This section applies for the purpose of offering prospective adoptive parents a choice of whether the report is prepared by a Government or non-Government agency. Section 7 heading amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 7(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
8: Authority for New Zealand accredited bodies to act overseas
The New Zealand Central Authority may authorise a New Zealand accredited body to act in another Contracting State.
9: Authority for overseas accredited bodies to act in New Zealand
The New Zealand Central Authority may authorise a body accredited under Chapter III of the Convention in another Contracting State to act in New Zealand.
10: Approval of placement
1: A child who is habitually resident in another Contracting State must not be entrusted to prospective adoptive parents who are habitually resident in New Zealand unless the New Zealand Central Authority has approved the decision.
2: Where the New Zealand Central Authority refuses to approve such a decision, the Authority must give notice in writing to the prospective adoptive parents of the refusal and the reasons for it.
11: Recognition of Convention adoptions
1: An adoption made in accordance with the Convention, subject to Article 24 of the Convention,—
a: must be recognised in accordance with the Convention; and
b: for the purposes of this Act and all other New Zealand enactments and laws, has, subject to section 12 Adoption Act 1955
2: A certificate signed by the competent authority in the State where the adoption took place and stating that the adoption was made in accordance with the Convention is for all purposes prima facie evidence of that fact.
3: The Family Court may, under Article 24 of the Convention, refuse to recognise an adoption made in accordance with the Convention, subject to such terms and conditions as it thinks fit.
4: No application to the court under subsection (3) may be made without the prior approval of the Attorney-General.
5: Every application to the court under subsection (3) must be heard as soon as practicable.
12: Termination of pre-existing legal parent-child relationships
1: An adoption in accordance with the Convention does not have the effect of terminating a pre-existing legal parent-child relationship unless—
a: the adoption has that effect in the State where it was made; or
b: the Family Court makes an order converting the adoption into one having that effect.
2: The court may, on application, make such an order if satisfied that—
a: the adoptive parent is habitually resident in New Zealand; and
b: the adoptive parent has, in accordance with the Convention, adopted, in another Contracting State, a child who is habitually resident in that Contracting State; and
c: the consents to the adoption required by paragraphs (c) and (d) of Article 4 of the Convention have been given for the purpose of an adoption that terminates the pre-existing legal parent-child relationship.
13: Access to information
1: The New Zealand Central Authority must ensure that every report under paragraph 1 of Article 16 of the Convention that is prepared or received by it, and that results in an adoption, in accordance with the Convention, of the child who is the subject of the report, is retained either by the New Zealand Central Authority or by the Chief Archivist under the Public Records Act 2005
2: Every New Zealand accredited body that prepares or receives a report under paragraph 1 of Article 16 of the Convention must give a copy to the New Zealand Central Authority.
3: Section 13(1) amended 21 April 2005 section 67(1) Public Records Act 2005 Section 13(3) repealed 8 September 2010 section 12 Privacy (Cross-border Information) Amendment Act 2010
14: Certificate of Secretary of Foreign Affairs and Trade
A certificate signed by the Secretary of Foreign Affairs and Trade and stating that a specified country is or is not a Contracting State is, unless the contrary is proved by the production of another certificate issued under this section (being a certificate that was issued after the first-mentioned certificate was issued), for all purposes conclusive evidence of that fact.
2: New Zealand accredited bodies
15: New Zealand accredited bodies
1: The chief executive
a: pursues only non-profit objectives; and
b: has demonstrated its capability and competence to carry out properly and on a continuing basis the tasks that may be delegated to it under the Convention; and
c: has demonstrated, by its aims, policy, and operations, that it will operate in the best interests of the child, and with respect for his or her fundamental rights, when carrying out tasks that may be delegated to it under the Convention; and
d: is directed and staffed by persons qualified by their ethical standards and by training or experience to work in the field of intercountry adoption.
2: An organisation that is formed or carried on for the purpose of trading or securing a pecuniary profit for its members is, for the purpose of this Act, treated as pursuing profit objectives. Section 15(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
16: Application for accreditation
1: Any application for approval as a New Zealand accredited body—
a: must be in writing and contain such information relating to the organisation as is required by the chief executive
b: must nominate a person to act as principal officer of the organisation for the purposes of this Act.
2: Before considering any such application, the chief executive
3: The notice must set a closing date for receiving submissions on the application, which must not be earlier than 10 working days after publication.
4: The chief executive Section 16(1)﻿(a) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 16(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 16(4) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
17: Grant of accreditation
Where the chief executive
a: be in writing; and
b: specify any conditions to which it is subject (if any); and
c: specify the functions that have been delegated to the organisation under Article 9 or Chapter IV of the Convention; and
d: be notified in the Gazette Section 17 amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
18: Declining of application for accreditation
The chief executive section 16
a: a copy of any information on which the chief executive
b: a reasonable opportunity to make written submissions to the chief executive Section 18 amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 18(a) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 18(b) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
19: Suspension and revocation of accreditation
1: If the chief executive
a: has pursued, or is pursuing, profit objectives; or
b: is no longer suited to performing functions that, under the Convention, may be delegated to New Zealand accredited bodies; or
c: has failed in a significant way to adequately perform any function that has been delegated to that body under the Convention; or
d: has not provided to the New Zealand Central Authority access to documents or records relating to any adoption arranged by the body in accordance with functions delegated to it under the Convention; or
e: has not submitted to supervision of its composition, operation, and financial situation by the chief executive
f: has charged excessive costs and expenses in respect of the performance of any function delegated to that body under the Convention; or
g: has allowed the payment of unreasonably high remuneration to the principal officer or staff in relation to functions delegated to that body under the Convention,— the chief executive
2: The chief executive
a: suspend the approval of an organisation as a New Zealand accredited body if the chief executive
b: give the organisation 60 days’ notice of the chief executive’s
3: The chief executive
4: The chief executive
a: give notice in writing of the suspension or revocation of accreditation, and the reasons for it, to the organisation; and
b: give notice of the suspension or revocation in the Gazette
5: Where the accreditation of any organisation is suspended or revoked under this section, the New Zealand Central Authority must ensure, in relation to any ongoing adoption, that the functions that were delegated to the organisation under the Convention at the time of suspension or revocation are carried out. Section 19(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 19(1)﻿(e) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 19(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 19(2)﻿(a) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 19(2)﻿(b) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 19(3) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 19(4) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
20: Appeals
1: Any person who is dissatisfied with—
a: any decision of the chief executive
b: any decision of the chief executive may appeal to the District Court
2: An appeal under this section must be brought within 28 days after notice of the decision was communicated to the appellant, or within such further time as the District Court
3: Every appeal under this section must be heard as soon as practicable after the appeal is lodged.
4: Where, before an appeal against a decision to suspend a person’s approval as a New Zealand accredited body has been dealt with, the approval is revoked, the court may treat the appeal as an appeal against the decision to revoke the approval.
5: On the hearing of an appeal under this section the District Court may confirm, reverse, or modify the decision of the chief executive chief executive
6: Nothing in this section gives the District Court chief executive
7: Subject to any order of the court, every decision appealed against under this section continues in force and has effect according to its tenor pending the determination of the appeal.
8: The decision of the District Court Section 20(1) amended 1 March 2017 section 261 District Court Act 2016 Section 20(1)﻿(a) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 20(1)﻿(b) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 20(2) amended 1 March 2017 section 261 District Court Act 2016 Section 20(5) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 20(6) amended 1 March 2017 section 261 District Court Act 2016 Section 20(6) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 20(8) amended 1 March 2017 section 261 District Court Act 2016
21: Accredited bodies to report annually
1: Every New Zealand accredited body must report annually to the chief executive
2: The report must be given within 3 months of the end of each year ending with 30 June, or such other date as may from time to time be directed by the chief executive
3: The report must be accompanied by a copy of the body’s financial accounts, which must include a statement of the money received, and the expenses paid to other persons, by the body in respect of—
a: the functions delegated to the body under the Convention; and
b: the services provided by the body to persons intending to be adoptive parents. Section 21(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 21(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
22: Assessment of accredited bodies
1: The chief executive
a: supervising the organisation as to its composition, operation, and financial situation; and
b: reviewing whether or not its approval as a New Zealand accredited body should continue.
2: Any such assessment may be carried out by any employee of the department chief executive
3: Every employee of the department chief executive chief executive
4: For the purpose of carrying out an assessment under this section, an employee of the department chief executive
a: interview the principal officer or any other officer or employee of the organisation; and
b: examine any documents or records that are held by the organisation and that relate to its composition, operation, or financial situation; and
c: communicate with any person to whom the organisation is providing a service, or has provided a service, in relation to functions delegated to the organisation under the Convention; and
d: communicate with any other person who may be able to provide relevant information.
5: Every employee of the department
6: The provisions of section 16(2) to (4) Section 22(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 22(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 22(3) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 22(4) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 22(5) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
23: Change of principal officer to be notified
Every New Zealand accredited body must, within 10 working days, notify the chief executive Section 23 amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
3: Miscellaneous provisions
24: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations—
a: prescribing the extent to which the functions of a Central Authority under Article 9 or Chapter IV of the Convention may be delegated to public authorities or New Zealand accredited bodies:
b: providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 24(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Amendments to Adoption Act 1955
25: Recognition of overseas adoptions
Amendment(s) incorporated in the Act(s)
26: Prohibition of payments
Amendment(s) incorporated in the Act(s)
27: Restriction upon advertisements
Amendment(s) incorporated in the Act(s)
28: Offences
Amendment(s) incorporated in the Act(s) Amendments to Citizenship Act 1977
29: Special provisions relating to parentage
Amendment(s) incorporated in the Act(s) Amendment to Births, Deaths, and Marriages Registration Act 1995
30: Registration of overseas adoptions
Amendment(s) incorporated in the Act(s)