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Oranga Tamariki Act 1989

Care and protection of children and young persons - Support orders

91: Support orders

You could also call this:

"Help for kids who need care or protection"

Illustration for Oranga Tamariki Act 1989

If you are a child or young person who needs care or protection, the court can make an order to help you. The court can tell the chief executive or another person to give you support for up to 12 months. This support is decided after the court looks at your situation.

Before the court makes this order, it must tell the chief executive or the person who will give you support. The chief executive or this person must have a chance to talk to the court before the order is made. They usually need to agree to the order.

But the court can make the order without the chief executive's consent if it thinks this is the best thing for you. The court must consider if it is reasonable to ask the chief executive to help you and if you are being cared for in a way that follows certain principles, like those in sections 4A(1), 5, and 13. The court wants to make sure you are safe and well cared for.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150402.

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92: Interim support orders, or

"The court can make a temporary decision to help a child while it thinks about a bigger decision."

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

91Support 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, it may make an order directing the chief executive or any other person or organisation named in the order to provide support to that child or young person for such period (not exceeding 12 months) as is specified in the order.

  2. 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 support pursuant to the order (in any other case)—

  3. is given notice of the court's intention to consider making the order; and
    1. is given an opportunity to appear and be heard by the court before the order is made; and
      1. subject to subsection (3), consents to the making of the order.

        1. An order directing the chief executive to provide support 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—

        2. that requiring the chief executive to provide those services and assistance is not clearly impracticable; and
          1. 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 91: replaced, on , by section 13 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
            • Section 91(1): amended, on , by section 58(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
            • Section 91(1): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
            • Section 91(2): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
            • Section 91(3): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
            • Section 91(3)(a): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
            • Section 91(3)(b): amended, on , by section 58(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).