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Oranga Tamariki Act 1989

Care and protection of children and young persons - Care or protection orders

83: Care or protection orders

You could also call this:

"Help and protection orders for kids who need care"

Illustration for Oranga Tamariki Act 1989

If you are a child or young person and the court thinks you need care or protection, it can make some decisions. The court can discharge you from the proceedings, which means you do not have to go to court anymore. It can also order you or your parents to come back to court if needed.

The court can order counselling for you, your parents, or someone else involved in your care. It can make a services order under section 86, a restraining order under section 87, or a support order under section 91. The court can also make a custody order under section 101 or appoint a guardian for you under section 110.

If the court makes an order for counselling, some other rules will apply, as outlined in sections 74 to 77. In some cases, if the court thinks you need care or protection because of something specific, it must make a care or protection order unless someone can show they meet certain requirements.

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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=DLM150083.

Topics:
Family and relationships > Children and parentingCrime and justice > Courts and legal help
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82: Child or young person may be returned to person who previously had care, or

"A child can go back to live with their parents or guardians if it's thought to be a good idea."

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84: Power to make other orders on ground of child’s offending, or

"The court can make orders if you do something wrong, like paying for damage or saying sorry."

Part 2Care and protection of children and young persons
Care or protection orders

83Care or protection orders

  1. If the court, on application made under section 68, is satisfied that a child or young person is in need of care or protection, the court may do 1 or more of the following things (irrespective of whether the thing or things were sought in the application):

  2. discharge the child or young person, or any parent or guardian or other person having the care of the child or young person, or both, from the proceedings without further order:
    1. order that the child or young person, or any parent or guardian or other person having the care of the child or young person, or both, come before the court, if called upon within 2 years of the making of the order, so that the court may take further action under this section:
      1. order 1 or more of the following persons to receive counselling from such person or persons, and subject to such conditions, as are specified by the court:
        1. the child or young person:
          1. any parent or guardian or other person having the care of the child or young person:
            1. any person in respect of whose conduct a restraining order or an interim restraining order was sought or made in the proceedings:
            2. make a services order under section 86:
              1. make a restraining order under section 87:
                1. make a support order under section 91:
                  1. make a custody order under section 101:
                    1. make an order under section 110 appointing a guardian of the child or young person.

                      1. However, on an application under section 18A(4)(a) or 18D in relation to a person to whom section 18A applies, if the court is satisfied that the subsequent child is in need of care or protection on the ground in section 14(1)(c), the court must make a care or protection order referred to in subsection (1), unless it is satisfied that the person has demonstrated that they meet the requirements of section 18A(3).

                      2. Where the court makes an order under subsection (1)(c), sections 74 to 77 shall apply, with all necessary modifications, with respect to that order as if it were a direction made under section 74(1).

                      3. Repealed

                      4. Repealed
                      Compare
                      • 1974 No 72 s 31(1)(b), (c), (d), (h)
                      • 1983 No 129 s 7(1)
                      Notes
                      • Section 83 heading: replaced, on , by section 52(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                      • Section 83(1): amended, on , by section 52(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                      • Section 83(1A): inserted, on , by section 52(3) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                      • Section 83(2A): repealed, on , by section 10 of the Oranga Tamariki Amendment Act 2022 (2022 No 81).
                      • Section 83(2B): repealed, on , by section 10 of the Oranga Tamariki Amendment Act 2022 (2022 No 81).