Oranga Tamariki Act 1989

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

46: Powers of court where application made under section 44 or child or young person brought before court under section 45

You could also call this:

"What the court can decide if you're in court under certain rules"

Illustration for Oranga Tamariki Act 1989

If you go to court under section 44 or section 45, the court can make some decisions. The court can make an order to release you from custody. The court can also decide who will take care of you on a daily basis, as long as this does not conflict with any orders made under the Care of Children Act 2004.

If someone has asked for a care or protection order for you, the court can make a decision about who will take care of you until the application is finalised, using section 78. The court can make any other orders it is allowed to make under section 121. This means the court has some flexibility to make decisions that are in your best interests.

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This page was last updated on 25 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150018.

Topics:

Crime and justice > Courts and legal helpFamily and relationships > Children and parenting

45: Child or young person placed in custody of chief executive to be brought before court within 5 days unless sooner released, or

"You must go to court within 5 days if you're in care, unless you're released sooner."

47: Report to be sent to Ombudsman if child or young person released before required to be brought before court, or

"Telling the Ombudsman when a child is released from custody before going to court"

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

46Powers of court where application made under section 44 or child or young person brought before court under section 45

Where an application is made to the court under section 44, or a child or young person is brought before the court pursuant to section 45, the court may—
make an order—
1. directing that the child or young person be released from custody; and
2. subject to any order in force under the Care of Children Act 2004 and relating to who has the role of providing day-to-day care for the child or young person, directing that the role of providing day-to-day care for the child or young person be exercised by any person the court thinks fit:
if an application for a care or protection order has been made in respect of the child or young person, make an order under section 78 relating to the custody of the child or young person pending the determination of the application:
make any order that it is empowered to make under section 121.

Notes

Section 46(a)(ii): replaced, on 1 July 2005, by section 151 of the Care of Children Act 2004 (2004 No 90).
Section 46(b): amended, on 1 July 2019, by section 37 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).