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Oranga Tamariki Act 1989

Care and protection of children and young persons - Custody orders

101: Custody orders

You could also call this:

"When a court decides a child needs care, it can give custody to someone else to keep them safe."

Illustration for Oranga Tamariki Act 1989

If a court thinks a child or young person needs care or protection, it can make an order to put them in the custody of someone else. This can be the chief executive, an iwi social service, a cultural social service, the director of a child and family support service, or any other person. The court can choose how long the child or young person will be in their custody.

The court can make this order if you have applied under section 68. The court can also add terms and conditions to the order.

The court must get the person's consent before making an order to put a child or young person in their custody, unless it is the chief executive.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150420.

Topics:
Family and relationships > Children and parentingCrime and justice > Courts and legal help
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Part 2Care and protection of children and young persons
Custody orders

101Custody orders

  1. If a court, on application under section 68, is satisfied that a child or young person is in need of care or protection, it may make an order placing that child or young person in the custody of any of the following persons for such period as may be specified in the order:

  2. the chief executive:
    1. an iwi social service:
      1. a cultural social service:
        1. the director of a child and family support service:
          1. any other person.

            1. Any such order may be made on such terms and conditions as the court thinks fit.

            2. The court shall not make an order under subsection (1) placing any child or young person in the custody of any person (other than the chief executive) unless that person consents to the making of the order.

            Notes
            • Section 101(1): amended, on , by section 62 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
            • Section 101(1)(a): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
            • Section 101(1)(b): replaced, on , by section 46 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
            • Section 101(1)(c): replaced, on , by section 46 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
            • Section 101(3): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).