Oranga Tamariki Act 1989

Care and protection of children and young persons - Services orders

86: Services orders

You could also call this:

"Help orders from the court to keep you safe"

Illustration for Oranga Tamariki Act 1989

If a court thinks you need care or protection, it can make a special order. This order tells someone, like the chief executive, to help you or the person looking after you. The court can order help for a certain time and with specific conditions.

Before the court makes this order, it must tell the person or organisation that will provide the help. The court must also give them a chance to say what they think before making the order. Usually, the court needs their agreement to make the order.

But if the order is for the chief executive to provide help, the court can make it without their agreement. This can happen if the court thinks it is reasonable to ask for their help and you are being looked after in a way that follows certain principles, like those in sections 4A(1), 5, and 13. The court must consider what the chief executive says before making the order. The court must also think about whether it is practical to ask the chief executive for help.

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This page was last updated on 25 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150089.

Topics:

Crime and justice > Courts and legal helpCrime and justice > Victim supportFamily and relationships > Children and parenting

85: Recall to come before court, or

"Going back to court if something changes"

86A: Interim services orders, or

"The court can make a temporary order to help a child while it decides the main case."

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

86Services orders

If, on an application under section 68, the court is satisfied that a child or young person is in need of care or protection, it may—
make an order directing the chief executive or any other person or organisation named in the order to provide such services and assistance as may be specified in the order for such period and on such terms and conditions as may be specified to a parent or guardian or other person having the care of the child or young person:
make an order directing the chief executive or any other person or organisation named in the order to provide such services and assistance as may be specified in the order for such period and on such terms and conditions as may be specified to the child or young person.

The court shall not make an order under subsection (1) unless the chief executive (where the order is to be directed to the chief executive) or the person or organisation that would be required to provide services and assistance pursuant to the order (in any other case)—
is given notice of the court's intention to consider making the order; and
is given an opportunity to appear and be heard by the court before the order is made; and
subject to subsection (3), consents to the making of the order.

An order directing the chief executive to provide services and assistance may be made under this section without the consent of the chief executive, but only if the court, after having regard to any reasons advanced on behalf of the chief executive as to why the order should not be made, is satisfied—
that requiring the chief executive to provide those services and assistance is not clearly impracticable; and
that the child or young person in respect of whom the court proposes to make an order under this section is in the care of a person or organisation clearly consistently with the principles set out in sections 4A(1), 5, and 13.

Notes

Section 86: replaced, on 8 January 1995, by section 12 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
Section 86(1): amended, on 1 July 2019, by section 54(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
Section 86(1)(a): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
Section 86(1)(b): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
Section 86(2): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
Section 86(3): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
Section 86(3)(a): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
Section 86(3)(b): amended, on 1 July 2019, by section 54(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).