Oranga Tamariki Act 1989

Care and protection of children and young persons - Custody orders

104: Effect of custody order

You could also call this:

"What happens when a court decides who looks after a child"

Illustration for Oranga Tamariki Act 1989

When a court makes a custody order, you need to know what it means. If the court puts a child in someone's custody, that person looks after the child every day, like they would if they had a parenting order under the Care of Children Act 2004. The person who had custody before can't make decisions for the child unless the court says they can.

If the court puts a child in someone's custody, a police officer or a person from Oranga Tamariki can take the child to that person. They can take the child to a person, or a place, that the court or Oranga Tamariki chooses. The police officer or Oranga Tamariki person can use reasonable force to take the child.

If someone is taking a child to a new place, they can enter a house or building to get the child. They must show you their identity and tell you why they are taking the child when they arrive. They can take the child back to the new place if the child runs away.

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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=DLM150427.

Topics:

Family and relationships > Children and parentingCrime and justice > Courts and legal help

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105: Living arrangements for child or young person placed in custody of chief executive, or

"What happens if you have to live in care arranged by the chief executive"

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

104Effect of custody order

Where the court makes an order under section 101 placing a child or young person in the custody of any person,—
that person has the role of providing day-to-day care for the child or young person as if a parenting order had been made under section 48(1) of the Care of Children Act 2004 giving that person the role of providing day-to-day care for the child or young person; and
except to the extent that they are preserved by the court in any order made under section 121, all the rights, powers, and duties of every other person having custody of the child or young person shall be suspended and shall have no effect; and
for the purposes of section 92 of the Care of Children Act 2004,—
1. the order constitutes an order about the role of providing day-to-day care for the child or young person; and
2. the person in whose custody the child or young person is placed is a person who, under the order, has the role of providing day-to-day care for the child or young person.

Any custody order shall be sufficient authority for any constable or the chief executive (acting through the chief executive’s delegate) or any other person authorised in that behalf by the chief executive to place the child or young person to whom the order relates—
where the order places the child or young person in the custody of the chief executive, with such person, or in such residence, as the principal manager of the department for the area in which the court is situated may direct:
where the order places the child or young person in the custody of an iwi social service or a cultural social service, with such person as the convener of the social service directs:
where the order places the child or young person in the custody of the director of a child and family support service, with such person or in such residence as that director directs:
where the order places the child or young person in the custody of any other person, with that person.

Any person authorised by subsection (2) to place any child or young person with any person or in any residence—
may use such force as is reasonably necessary for that purpose:
may exercise that authority from time to time in order to return the child or young person to that person or residence:
for the purpose of exercising that authority,—
1. may enter and search any dwelling house, building, aircraft, ship, carriage, vehicle, premises, or place, with or without assistance and by force if necessary; and
2. must, on first entering any dwelling house, building, aircraft, ship, carriage, vehicle, premises, or place and, if requested, at any subsequent time,—
  1. produce evidence of their identity; and
  2. disclose that they are exercising that authority under this Act.

Notes

Section 104(1)(a): replaced, on 1 July 2005, by section 151 of the Care of Children Act 2004 (2004 No 90).
Section 104(1)(c): replaced, on 1 July 2005, by section 151 of the Care of Children Act 2004 (2004 No 90).
Section 104(2): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
Section 104(2): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
Section 104(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Section 104(2): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
Section 104(2)(a): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
Section 104(2)(b): replaced, on 8 January 1995, by section 46 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
Section 104(3)(c): replaced, on 17 December 2022, by section 13 of the Oranga Tamariki Amendment Act 2022 (2022 No 81).