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Oranga Tamariki Act 1989

Care and protection of children and young persons - Custody of child or young person pending determination of proceedings

79: Persons who may be granted custody under section 78

You could also call this:

"Who can take care of you if the court makes a special order"

Illustration for Oranga Tamariki Act 1989

If a court makes an order under section 78, it can place a child or young person in the custody of certain people. You might be placed with the chief executive, an iwi social service, a cultural social service, or the director of a child and family support service. You could also be placed with any other person.

The court will only make an order placing you with someone other than the chief executive if that person agrees to take care of you. This means the person must consent to the court's order before it can happen. The court will consider this when making a decision under section 78.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150072.

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78: Custody of child or young person pending determination of proceedings or in urgent cases, or

"The court can make a temporary decision about who looks after a child until a final decision is made."

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80: Effect of order made under section 78, or

"What happens when you get a special order under section 78 of the law"

Part 2Care and protection of children and young persons
Custody of child or young person pending determination of proceedings

79Persons who may be granted custody under section 78

  1. An order made under section 78 may place a child or young person in the custody of any of the following persons:

  2. the chief executive:
    1. an iwi social service:
      1. a cultural social service:
        1. the director of a child and family support service:
          1. any other person.

            1. The court shall not make an order under section 78 placing any child or young person in the custody of any person (other than the chief executive) unless that person consents to the making of the order.

            Notes
            • Section 79(1)(a): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
            • Section 79(1)(b): replaced, on , by section 46 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
            • Section 79(1)(c): replaced, on , by section 46 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
            • Section 79(2): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).