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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

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

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

If you are in a situation where someone is applying for a care or protection order for you, the court can make this order even if they cannot prove that a parent, guardian, or caregiver is responsible for any harm you have suffered. The court can do this if they believe the grounds for the order, as specified in section 14(1), are met, except for the fact that they cannot prove who was responsible for the harm. The court may still find these grounds are met if they think the harm would not have happened if someone had been taking proper care of you, as referred to in section 14AA(1)(a) or (2)(a).

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150059.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Victim supportFamily and relationships > Children and parenting
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70: No application for care or protection order to be made unless family group conference has been held, or

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

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72: Court not to make care or protection order unless family group conference held, or

"The court won't make a care order without first having a family meeting to discuss the issue."

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

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

  1. Where—

  2. an application for a care or protection order is made on any of the grounds specified in paragraph (a) or paragraph (b) of section 14(1); and
    1. the court is satisfied that, but for the failure of the evidence to establish that a parent or guardian of the child or young person or a person having the care of the child or young person is culpable in relation to the harm suffered by the child or young person, the grounds specified in section 14(1)(a)(i) or (ii) (in the circumstances referred to in section 14AA(1)(a) or (2)(a)) are made out,—
        1. the court may find those grounds made out.

      Compare
      • 1974 No 72 s 29A
      • 1983 No 129 s 6(1)
      Notes
      • Section 71 heading: amended, on , by section 46(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
      • Section 71(a): amended, on , by section 46(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
      • Section 71(b): amended, on , by section 46(3) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).