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Oranga Tamariki Act 1989

Care and protection of children and young persons - Restraining orders

88: Interim restraining orders

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

If you apply to the court for a care or protection order for a child or young person, the court can make an interim order under section 87 while it decides your application. The court can do this on its own or if you, a lawyer, or the child or young person's lawyer asks for it. You can also ask the court for an interim order if you are allowed to apply under section 68 and the court thinks it is urgent and in the best interests of the child or young person.

The court can make an interim order if it thinks the child or young person needs protection right away. This order can last for a certain time, up to 28 days, or until a family group conference is held and another care or protection order is applied for. You can ask the court to end the order early under section 125. The court decides when the order ends, and it must be in the best interests of the child or young person.

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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=DLM150097.

Topics:
Family and relationships > Children and parentingCrime and justice > Courts and legal help
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87: Restraining orders, or

"Orders to keep someone safe from harm or danger"

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

88Interim restraining orders

  1. Where an application is made to the court for a care or protection order in respect of a child or young person, the court may, on application by the applicant, or a barrister or solicitor representing the child or young person, or of its own motion, make such an order as it is empowered to make under section 87 pending the determination of the application.

  2. Even if there are no other proceedings under this Part in relation to a child or young person, the court may, on application by a person entitled to make an application under section 68 (the applicant), if it is satisfied that subsection (3) applies, make any order that it is empowered to make under section 87.

  3. This subsection applies if it is in the best interests of the child or young person that an interim restraining order be granted as a matter of urgency.

  4. An order under subsection (2) remains in force—

  5. for the period specified in the order (not exceeding 28 days), unless it is earlier discharged by the court on application under section 125; or
    1. until a later date (specified by the court in the order) that the court considers allows sufficient time for a family group conference to be held and, if necessary, an application for another care or protection order to be made.

      Notes
      • Section 88(1): amended, on , by section 57(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
      • Section 88(2): inserted, on , by section 57(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
      • Section 88(3): inserted, on , by section 57(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
      • Section 88(4): inserted, on , by section 57(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).