Oranga Tamariki Act 1989

Care and protection of children and young persons - Proceedings in respect of children and young persons in need of care or protection

70: No application for care or protection order to be made unless family group conference has been held

You could also call this:

"You usually need a family group conference before asking for a care or protection order for a child."

Illustration for Oranga Tamariki Act 1989

If you want to ask for a care or protection order for a child, you usually need to have a family group conference first. This conference is a meeting where people who care about the child talk about what is best for them. You can find more information about when a family group conference is needed in section 14(1)(e).

You do not need to have a family group conference before asking for a care or protection order if the child is already in the care of the chief executive. You also do not need a conference if you think the child needs to be protected right away, or if you are asking for a custody order at the same time. In some cases, you might not be able to find the child's family to have a conference, and that is okay.

If you do ask for a care or protection order without having a family group conference, the Registrar will send your application to a co-ordinator. The co-ordinator will then set up a family group conference to talk about what is best for the child. This can happen if you are asking for a care or protection order because of something specific, like what is mentioned in section 14(1)(e), or if you are asking for a custody order.

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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=DLM150054.

Topics:

Family and relationships > Children and parentingGovernment and voting > Government departments

69: Joint applications, or

"When two people apply together for help to keep a child safe"

71: Court may make care or protection order in absence of proof of responsibility for neglect or ill-treatment of child or young person, or

"The court can help keep you safe even if they don't know who hurt you."

Part 2Care and protection of children and young persons
Proceedings in respect of children and young persons in need of care or protection

70No application for care or protection order to be made unless family group conference has been held

Subject to subsection (2), no application for a care or protection order (other than an interim order) may be made unless a family group conference has been held under this Part (or, in the case of an application on the ground specified in section 14(1)(e), under Part 4) in relation to the matter that forms the ground on which the application is made.
Subsection (1) does not apply where—
the child or young person in respect of whom the application is made has been placed in the custody of the chief executive under section 39 or section 42; or
the applicant believes that the interests of the child or young person in respect of whom the application is made require that an interim restraining order or an interim guardianship order be granted as a matter of urgency, and an application for such an order is made at the same time as the application; or
an application for a custody order under section 78 is made at the same time as the application, and the applicant believes,—
1. where the application is made on the ground specified in section 14(1)(e),—
  1. that it is not possible to make suitable alternative arrangements for the custody of the child in respect of whom the application is made pending the determination of the application; or
  2. that it is in the public interest that the child be held in custody pending the determination of the application:
2. in any other case, that the interests of the child or young person in respect of whom the application is made require that such a custody order be granted as a matter of urgency; or
the application is made on the ground specified in section 14(1)(a)(i) (in the circumstances referred to in section 14AA(1)(b)) and, after reasonable enquiries, it is not possible to ascertain the whereabouts of any member of the family, whanau, or family group of the child or young person to whom the application relates.

Where, pursuant to any of paragraphs (a) to (ba) of subsection (2), an application for a care or protection order (other than an interim order) is made without a family group conference having been held, the Registrar shall forthwith refer the application to,—
in the case of an application made on the ground specified in section 14(1)(e), a youth justice co-ordinator; or
in any other case, a care and protection co-ordinator—

Notes

Section 70 heading: amended, on 1 July 2019, by section 45(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
Section 70(1): amended, on 1 July 2019, by section 45(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
Section 70(2)(a): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
Section 70(2)(a): amended, on 1 November 1989, by section 6(1)(a) of the Children, Young Persons, and Their Families Amendment Act 1989 (1989 No 70).
Section 70(2)(b): replaced, on 8 January 1995, by section 9(1) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
Section 70(2)(b): amended, on 1 July 2019, by section 45(3) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
Section 70(2)(ba): inserted, on 8 January 1995, by section 9(1) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
Section 70(2)(c): amended, on 1 July 2019, by section 45(4) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
Section 70(3): replaced, on 8 January 1995, by section 9(2) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
Section 70(3): amended, on 1 July 2019, by section 45(5) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).