Hague Child Protection Convention
Extended National Interest Analysis - Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children
Extended National Interest Analysis
- Executive summary
- Nature and timing of proposed treaty action
- Reasons for New Zealand taking the treaty action
- Advantages and disadvantages to New Zealand of the treaty entering into force and not entering into force for New Zealand
- Legal obligations which would be imposed on New Zealand by the treaty action, the position for reservations to the treaty, and an outline of any dispute settlement mechanisms
- Measures which the Government could or should adopt to implement the treaty action, including specific reference to implementing legislation
- Economic, social, cultural and environmental costs and effects of treaty action
- The costs to New Zealand of compliance with the treaty
- Completed or proposed consultation with the community and parties interested in treaty action
- Subsequent protocols and/or amendments to the treaty and their likely effects
- Withdrawal or denunciation provisions in the treaty
- Ministry of Justice Disclosure Statement
Executive summary
The Ministry of Justice proposes that New Zealand accede to the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children. (the Convention).
The Convention is one of three modern Hague Children’s Conventions which aim to protect children across international borders. The Convention complements the Convention on the Civil Aspects of International Child Abduction (Child Abduction Convention) and the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption (Intercountry Adoption Convention). New Zealand is a party to both these conventions.
Conflicts in jurisdiction are an area of difficulty in family law matters. The lack of internationally agreed jurisdictional rules creates uncertainty for litigants and difficulty for the courts in determining the appropriate forum for resolving disputes.
Acceding to the Convention will provide significant practical benefits for New Zealand children. The Convention establishes rules in respect of jurisdiction and applicable law; enables the automatic recognition of court orders and other agreements made in one Contracting State to be recognised in other Contracting States; and provides a basic framework for the exchange of information and co-operation between judicial and administrative authorities in Contracting States.
There are no significant disadvantages in New Zealand acceding to the Convention. The Convention will require New Zealand to accept some limitations on the jurisdiction of its judicial and administrative authorities in order to avoid conflicts in matters of jurisdiction, applicable law and recognition and enforcement of measures. However, the benefits of accession outweigh any such disadvantages.
The Convention requires that a Central Authority is established as the central point of contact between Contracting States. It is proposed that the Secretary for Justice be designated as the Central Authority under the Convention.
There are no anticipated cost increases for the existing Central Authority or the Ministry of Justice in acceding to the Convention. In contrast there is the potential for a significant reduction in some Crown costs, and workload pressures in the Family Court.
Accession to the Convention will simplify case management for the Ministry of Social Development (MSD) resulting in savings in time and resources. Child, Youth and Family should not incur additional costs in relation to the management of international care and protection cases.
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