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Oranga Tamariki Act 1989

Care and protection of children and young persons - Custody orders

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

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

If a court decides you will live with the chief executive, they can move you to a different home. The chief executive can arrange for you to live in a residence, go to school, or get care for your health. They can also arrange for you to work or get job training.

The chief executive can let you live with your parents or guardians for a little while, but they can change their mind at any time. If they do, they can move you to a different home, and they can use force if they need to. A delegate from the chief executive's office can enter your home to take you to a different place.

When a delegate comes to your home, they must show you their identity and tell you why they are there. They must do this the first time they enter, and anytime you ask them to after that. You can find more information about this in section 101.

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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=DLM150432.

Topics:
Government and voting > Government departmentsFamily and relationships > Children and parenting
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104: Effect of custody order, or

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

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106: Living arrangements where child or young person placed in custody of iwi social service, etc, or

"Who decides where a child lives when they're in the care of an iwi social service"

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

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

  1. Where the court makes an order under section 101 placing a child or young person in the custody of the chief executive,—

  2. the chief executive may transfer the child or young person from one residence under this Act to any other residence under this Act:
    1. the chief executive, may arrange for the child or young person—
      1. to be placed in any residence:
        1. to be placed in any school or other institution that provides care or training or physical or mental health care:
          1. to undertake employment or any training for employment:
          2. the chief executive (acting through the chief executive’s delegate), may arrange for the child or young person to live temporarily with the parents or guardians or other person previously having the care of the child or young person or with any other person, on such terms and conditions as the delegate may specify:
            1. the chief executive (acting through the chief executive’s delegate), may at any time cancel any arrangement made under paragraph (b) or paragraph (c) and, after any such cancellation, may remove the child or young person to a residence or to such other place as the delegate may decide, using such force as is reasonably necessary for that purpose.

              1. For the purpose of removing any child or young person pursuant to subsection (1)(d), a delegate may enter and search any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises, or place, with or without assistance and by force if necessary.

              2. A delegate exercising any powers under subsection (2) shall, on first entering any dwelling house, building, aircraft, ship, carriage, vehicle, premises, or place, and, if requested, at any subsequent time—

              3. produce evidence of identity; and
                1. disclose that those powers are being exercised under subsection (2).

                  Notes
                  • Section 105 heading: amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
                  • Section 105(1): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
                  • Section 105(1)(a): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
                  • Section 105(1)(b): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
                  • Section 105(1)(c): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                  • Section 105(1)(c): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
                  • Section 105(1)(d): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                  • Section 105(1)(d): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
                  • Section 105(2): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
                  • Section 105(3): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).