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Oranga Tamariki Act 1989

Care and protection of children and young persons - Restraining orders

87: Restraining orders

You could also call this:

"Orders to keep someone safe from harm or danger"

Illustration for Oranga Tamariki Act 1989

If you are in a situation where a child or young person needs care or protection, the court can make an order to stop someone from doing certain things. The court can stop someone from living with the child or young person, or from using violence against them. The court can also stop someone from watching or following the child or young person, or from contacting them in any way. This can also include stopping someone from watching or following the people the child or young person lives with, or from contacting them. The court can make this order if it is satisfied that the child or young person needs care or protection, and this can happen at any time after the court becomes satisfied of this. However, the court must tell the person who will be affected by the order and give them a chance to say what they think before making the order, unless the court has special rules that allow it to make the order without doing this.

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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=DLM150095.

Topics:
Family and relationships > Children and parentingCrime and justice > Victim supportCrime and justice > Courts and legal help
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"Courts can't make special rules for permanent caregivers or the kids in their care."

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88: Interim restraining orders, or

"Temporary orders to keep a child safe while the court makes a decision"

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

87Restraining orders

  1. If, on an application under section 68, the court is satisfied that a child or young person is in need of care or protection, or at any time after becoming satisfied that the child or young person is in need of care or protection, it may make an order restraining any person named in the order from doing all or any of the following things:

  2. residing with the child or young person:
    1. using or threatening violence or causing or threatening to cause physical harm to the child or young person:
      1. molesting the child or young person by watching or besetting the child's or young person's place of residence, work, or education, or by following or waylaying the child or young person in any public place within the meaning of section 2 of the Summary Offences Act 1981, or by contacting the child or young person in any way:
        1. molesting any person with whom the child or young person is residing by watching or besetting that person's place of residence, work, or education, or by following or waylaying that person in any public place within the meaning of section 2 of the Summary Offences Act 1981, or by contacting that person in any way.

          1. However, if the court is already satisfied that the child or young person is in need of care or protection, a restraining order may, despite anything in section 70 or 72, be made under subsection (1) without a family group conference having been held under this Part.

          2. Subject to any rules of court empowering the court to make an order under this section on an ex parte application, the court shall not make an order under this section restraining the conduct of any person unless that person 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.

          Notes
          • Section 87(1): amended, on , by section 11(1) of the Oranga Tamariki Amendment Act 2022 (2022 No 81).
          • Section 87(1): amended, on , by section 56 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
          • Section 87(1A): inserted, on , by section 11(2) of the Oranga Tamariki Amendment Act 2022 (2022 No 81).
          • Section 87(2): amended, on , by section 6 of the Family Courts Amendment Act 2000 (2000 No 65).