Intercountry adoption — whether Adoption Act or Adoption (Intercountry) Act applied — whether child habitually resident in New Zealand — SK v KP [2005] 3 NZLR 590 (CA). The applicants, who had adopted a child from overseas, sought to adopt the child under the Adoption Act 1955 (AA). Issues to be determined were whether the relevant Act was the AA or the Adoption (Intercountry) Act (AIA) and whether an adoption order could be made in favour of the applicants. In determining which Act applied the Judge considered where the child was habitually resident, which was a question of fact ("SK"). The Judge found that the child had been habitually resident in the overseas country and was moved to New Zealand for the purposes of adoption; this meant that Article 2 of the Schedule of the AIA applied and that the adoption was to be determined in relation to that Act. The Judge considered Article 4 in determining whether an adoption order could be made and determined that the Court had no jurisdiction to make a domestic adoption order because a valid international adoption had already taken place. Section 11 of the AIA provided that the Article 23 certificate must be recognised in accordance with the Hague Convention and thus the international adoption would have the same effect as an order made under the AA. Judgment Date: 22 July 2016. * * * Note: Names have been changed to comply with legal requirements * * *