Plain language law

New Zealand law explained for everyone

Oranga Tamariki Act 1989

Care and protection of children and young persons - Counselling

74: Court may require parties to undergo counselling

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

If you are involved in a court case about a care or protection order for a child or young person, the court can tell you to go to counselling. The court can tell the child or young person, their parents or guardians, or the people taking care of them to go to counselling. The court will decide what kind of counselling you need to go to.

When the court tells you to go to counselling, they might not say who will do the counselling. If they do not say, the court will send your details to a counsellor. The court or the Registrar will choose a counsellor and decide what kind of counselling you need, and they will think about what you want when making this decision.

You can read more about this in the Oranga Tamariki Act 1989 and the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM150063.

Topics:
Crime and justice > Courts and legal helpFamily and relationships > Children and parenting
Previous

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."

Next

75: Counsellor to arrange meeting and submit report on outcome, or

"A counsellor meets with you, talks to you, and writes a report for the court about what you discussed."

Part 2Care and protection of children and young persons
Counselling

74Court may require parties to undergo counselling

  1. Where an application is made to the court for a care or protection order in relation to a child or young person, the court may direct all or any of the following persons to participate in counselling of a nature specified by the court:

  2. the child or young person in respect of whom the application is made:
    1. any parent or guardian of the child or young person or any person having the care of the child or young person:
      1. where the application is accompanied by or joined with an application for a restraining order or an interim restraining order, any person in respect of whose conduct that order or interim order is sought.

        1. Where a direction made under subsection (1) does not specify the person who is to undertake the counselling, the direction shall be referred to the Registrar of the court, and that Registrar shall, on receipt of the direction, refer to an appropriate counsellor the person or persons in respect of whom the direction is given.

        2. In determining, for the purposes of any direction made under subsection (1), the nature of the counselling and the person who is to carry out the counselling, the court or Registrar, as the case may be, shall have regard to the views of the person or persons in respect of whom that direction is given.

        Compare
        Notes
        • Section 74(1): amended, on , by section 49 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).