Adoption Amendment Act 2011

1: Title
This Act is the Adoption Amendment Act 2011.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Adoption Act 1955 2011-08-17 Adoption Act 1955
4: Purpose of this Act
The purpose of this Act is to enable New Zealand to meet its international obligations under Article 3(1)(a)(ii) of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography by creating a new offence prohibiting the improper inducement of a consent for the adoption of a child.
5: Offences
1: The heading to section 27 Offences Summary offences
2: Section 27(3)
6: New sections 27A to 27D inserted
The following sections are inserted after section 27
27A: Offence to induce consent
1: Every person commits an offence who induces another person, by fraud, duress, undue influence (by payment or otherwise), or other improper means, to consent to an adoption.
2: Every person who commits an offence under subsection (1)
27B: Safety of child where offence committed
1: Where a Court is satisfied that an offence against section 27 or 27A
a: the child can be restored to his or her parent or guardian; or
b: other arrangements can be made for the child.
2: Subsection (1)
27C: Extraterritorial jurisdiction in respect of offence under section 27A as required by Optional Protocol
1: In this section, Optional Protocol
2: Even if the acts alleged to constitute an offence under section 27A
a: if the person to be charged—
i: is a New Zealand citizen; or
ii: is ordinarily resident in New Zealand; or
iii: has been found in New Zealand and has not been extradited; or
iv: is a body corporate, or a corporation sole, incorporated under the law of New Zealand; or
b: if the person whose consent to an adoption has been induced—
i: is a New Zealand citizen; or
ii: is ordinarily resident in New Zealand.
3: Nothing in this section limits the application of section 27A
a: acts that occurred wholly within New Zealand; or
b: the application of section 7 of the Crimes Act 1961 to the occurrence in New Zealand of—
i: an act forming part of an offence; or
ii: an event necessary to the completion of an offence; or
c: the application of section 8 of the Crimes Act 1961; or
d: the application of section 8A of the Crimes Act 1961.
27D: Attorney-General's consent required where jurisdiction claimed under section 27C
1: No proceedings for an offence against section 27A section 27C
2: However, a person alleged to have committed an offence against section 27A subsection (1)
7: Consequential amendment to Summary Proceedings Act 1957
1: This section amends the Summary Proceedings Act 1957
2: Part 2 Adoption Act 1955 27A Inducing consent to an adoption 2011-08-17 Summary Proceedings Act 1957
8: Consequential amendments to Extradition Act 1999
1: This section amends the Extradition Act 1999
2: Section 101C(1) is amended by adding ; and
d: every offence against section 27A section 6 of the Adoption Amendment Act 2011
3: Section 101C(2) is amended by omitting of section 10 of the Crimes Amendment Act 2005 referred to in subsection (1)(a), (b), (c), or (d) 2011-08-17 Extradition Act 1999 Mr Compiler - As section 101C is still to be brought into force by OIC, see 2005 No 41, s2(2) and 10, then the above Act (2005 No 41) should be compiled with the words "pursuant to". At the same time, close off this entry in the Editorial Diary as being completed. GM
9: Consequential amendment to Mutual Assistance in Criminal Matters Act 1992
1: This section amends the Mutual Assistance in Criminal Matters Act 1992
2: Item 29 of the Schedule An offence against the following section of the Adoption Act 1955: section subject matter 27A Offence to induce consent 2011-08-17 Mutual Assistance in Criminal Matters Act 1992