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Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children
Treaty Type:
Multilateral
Common Name:
Child Protection Convention
Responsible Department:
Justice
Administering Department:
Justice
Treaty Summary:
The convention aims to provide for the better protection of children and their property in cross-border situations and improve inter-state co-operation. The convention establishes rules in respect of jurisdiction and applicable law and provides for the recognition and enforcement of measures taken in one contracting state to be recognised and enforced in all other contracting states.
NZ Adherence Status:
In Progress
Negotiation Status:
Multilateral. Parliamentary treaty examination was completed on 29 July 2010. Work on the Protection Convention is on hold.
Organisation:
Hague Conference
Is Signed By NZ:
No
Signature Date:
Ratified or Signed:
No
Requires Ratification:
No
NZ Territorial Applications:
None
Information about required Legislation:
Legislation to implement the Convention falls within the following broad areas: objects/purpose of the Convention, definitions and new terminology, jurisdiction and applicable law, recognition and enforcement of measures of protection and arrangements for co-operation between NZ and overseas courts and administrative authorities.
Impacts on Maori:
A reservation is proposed to better protect the jurisdiction of NZ authorities (including courts) to take measures about the property of a child situated in NZ, for example, a Māori child's interest in Māori land, a non-Māori child's interest in Māori land (this is possible for various historic reasons), a child's interests in collectively owned assets or arising from their affiliation to an iwi. The effect of the reservation means that the child does not have to be habitually resident in NZ for a NZ court to take measures. An overseas court might still take measures but a NZ court may refuse to recognise these insofar as they are incompatible with a NZ measure. A NZ court may also ask an overseas court to transfer jurisdiction or a foreign court may ask NZ to assume jurisdiction for any property matters.
An important point to note, is that the Convention does not encroach on systems of property law. It does not cover the substantive law relating to the content of rights over property, such as disputes in relation to ownership/title of property. A measure directed to the protection of a child's property may include, for example, the appointment of a guardian ad litem to protect the child's interests regarding certain property within the context of specific pending litigation.
Any consultation on these matters will be through Te Puni Kokiri.
Impacts on Stakeholders:
N/A
Link To Legislation:
Treaty Text Link:
Contact Information:
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