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Oranga Tamariki Act 1989

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

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

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

If a court thinks you need care or protection because of something you did wrong, it can make some orders. The court can tell you off, or make you or your parents pay for something you broke or for hurting someone. You might have to give back something that doesn't belong to you.

If the court orders you to pay for something, it will only be for what it costs to fix or replace it. The court won't make you pay for anything else that might have happened because of what you did.

The court can't make some people pay, like the person in charge of the agency that looks after you, or a guardian appointed under section 110. But if the court wants to make your parents pay, it will tell them first and give them a chance to say something.

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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=DLM150084.

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Crime and justice > Courts and legal helpCrime and justice > Victim supportFamily and relationships > Children and parenting
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Part 2Care and protection of children and young persons
Care or protection orders

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

  1. If, on an application under section 68, a court is satisfied that a child is in need of care or protection on the ground specified in section 14(1)(e), the court may, in addition to or instead of making any order referred to in section 83(1), make any 1 or more of the following orders:

  2. an order admonishing the child:
    1. where the court is satisfied that any person (other than the child) suffered—through or by means of the child's offending, an order directing the child, or any parent or guardian of the child, to pay to the person who suffered the emotional harm or the loss of or damage to property such sum as it thinks fit by way of reparation:
      1. any emotional harm; or
        1. any loss of or damage to property—
        2. an order directing the child, or any parent or guardian or other person having the care of the child, to deliver to the person who appears to the court to be entitled to it any property in the possession of the child or in the possession of any person for the child:
          1. an order for the forfeiture of property to the Crown in any case where the forfeiture of that property would have been obligatory or could have been ordered under any enactment applicable to the offence if the child were an adult and had been convicted of an offence by the District Court.

            1. Any sum ordered to be paid pursuant to subsection (1)(b) in respect of the loss of or damage to property shall be limited to the cost of replacement or (as the case may require) the cost of repair, and shall not include any loss or damage of a consequential nature.

            2. No order shall be made under subsection (1)(b) against the chief executive or any other person who has been appointed to be a guardian of the child under section 110.

            3. No order shall be made under subsection (1)(b) in respect of the parent or guardian of the child unless that parent or guardian has been informed by the court of the proposal to make the order and has been given an opportunity to make representations to the court.

            Compare
            • 1974 No 72 s 31(1)(e), (f), (g)
            • 1985 No 120 s 22(5)
            • 1987 No 168 s 4
            Notes
            • Section 84 heading: amended, on , by section 53(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
            • Section 84(1): amended, on , by section 53(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
            • Section 84(1)(d): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
            • Section 84(3): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).