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

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

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

The court will not make a care or protection order unless a family group conference has been held. This conference is about the matter that is the reason for the application. You can find more information about the grounds for the application in section 14(1)(e) or under Part 4. If you are making an application to the court for a care or protection order, the court can direct a care and protection co-ordinator to hold a family group conference at any stage of the hearing. The court can do this on its own or if a party to the proceedings asks for it, in relation to the matter that forms the ground of the application, but there are some exceptions, such as when section 70(2)(c) applies.

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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=DLM150060.

Topics:

Family and relationships > Children and parentingCrime and justice > Courts and legal help

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."

73: Court not to make care or protection order unless satisfied that child's or young person's need for care or protection cannot be met by other means, or

"Court helps you only if you can't get care or protection another way."

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

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

Subject to subsection (2), the court shall not make a care or protection order (other than an interim order) 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 of the application.
Nothing in subsection (1) applies in respect of any application to which section 70(2)(c) applies.
Where an application is made to the court for a care or protection order (other than an interim order), the court may, at any stage of the hearing of that application, on the application of any party to the proceedings or of its own motion, direct a care and protection co-ordinator to convene a family group conference in relation to the matter that forms the ground of the application.

Notes

Section 72 heading: amended, on 1 July 2019, by section 47(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
Section 72(1): amended, on 1 July 2019, by section 47(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
Section 72(3): amended, on 1 July 2019, by section 47(3) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).