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Oranga Tamariki Act 1989

Care and protection of children and young persons - Powers to remove child or young person

43: Placement of child or young person placed in custody of chief executive

You could also call this:

"What happens when you're placed in the care of Oranga Tamariki"

Illustration for Oranga Tamariki Act 1989

If you are a child or young person and you are placed in the custody of the chief executive under section 39, section 40, or section 42, the chief executive can place you with a parent or guardian, someone who used to care for you, a family member, or someone they approve of. The chief executive tries to place you with one of these people. If it is not possible, they can place you in a residence.

The chief executive can place you with a parent or guardian, someone who used to care for you, a family member, or someone they approve of. They can do this if you are placed in their custody under section 39, section 40, or section 42. You can be released from their custody at any time.

If you are in the custody of the chief executive, they can release you at any time if you were placed there under section 39, section 40, or section 42. This means you can go back to living with your family or someone else. The chief executive makes this decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150012.

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Family and relationships > Children and parentingGovernment and voting > Government departments
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"Police can search a place without permission to keep a child safe"

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"A parent or guardian can ask the court to let their child come home or to visit them."

Part 2Care and protection of children and young persons
Powers to remove child or young person

43Placement of child or young person placed in custody of chief executive

  1. Subject to subsection (2), where a child or young person is placed in the custody of the chief executive pursuant to section 39 or section 40 or section 42, the chief executive may place the child or young person with—

  2. a parent or guardian of the child or young person; or
    1. any other person who previously had the care of the child or young person; or
      1. any member of the child's or young person's family, whanau, or family group; or
        1. any person approved by the chief executive.

          1. If it is not practicable or appropriate to place the child or young person with any of the persons specified in any of paragraphs (a) to (d) of subsection (1), the chief executive may place the child or young person in a residence.

          2. Where a child or young person is placed in the custody of the chief executive pursuant to section 39 or section 40 or section 42, the chief executive may, at any time, release the child or young person from that custody.

          Notes
          • Section 43 heading: amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
          • Section 43(1): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
          • Section 43(1)(d): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
          • Section 43(2): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
          • Section 43(3): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).