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
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.
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—
- that the kind of harm suffered by the child or young person will neither continue nor be repeated:
- 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).

