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

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

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

The court will not make a care or protection order for you unless it thinks you cannot get the care or protection you need in other ways. This includes things decided by a family group conference. The court has to think about whether the harm you suffered will happen again.

When the court is deciding whether to make a care or protection order, it looks at the reasons listed in section 14(1)(a)(i) or (ii), which are used in certain situations described in section 14AA(1)(a) or (2)(a). The court thinks about evidence that shows the harm will not happen again. It also thinks about whether the people looking after you can keep you safe from harm.

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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=DLM150061.


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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."


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74: Court may require parties to undergo counselling, or

"Court can make you go to counselling to help with care or protection cases"

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

73Court 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

  1. The court shall not make a care or protection order (other than an interim order) unless it is satisfied that it is not practicable or appropriate to provide care or protection for the child or young person by any other means, including the implementation of any decision, recommendation, or plan made or formulated by a family group conference convened in relation to that child or young person.

  2. In deciding whether or not to make a care or protection order (other than an interim order) on the basis of any of the grounds specified in section 14(1)(a)(i) or (ii) (in the circumstances referred to in section 14AA(1)(a) or (2)(a)), the court shall take into account, among other things, any evidence before the court—

  3. that the kind of harm suffered by the child or young person will neither continue nor be repeated:
    1. that a parent or guardian or other person having the care of the child or young person will be capable of ensuring that the kind of harm suffered by the child or young person will be neither continued nor repeated.
      Notes
      • Section 73 heading: amended, on , by section 48(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
      • Section 73(1): amended, on , by section 48(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
      • Section 73(2): amended, on , by section 48(3) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
      • Section 73(2): amended, on , by section 48(4) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).