Oranga Tamariki Act 1989

Care and protection of children and young persons - Custody orders

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

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

If a court decides a child or young person will live with an iwi social service, a cultural social service, or a child and family support service, the person in charge of that service can make decisions about where the child or young person lives. They can move the child or young person to a different home if they think it is best. The person in charge can ask for help from the chief executive or the police to make this happen.

If the chief executive or the police are helping, they can use reasonable force to keep everyone safe. They have certain powers, outlined in section 105(2), that they can use in this situation. These powers help them make sure the child or young person is safe and sound.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150434.


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


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107: Person in whose custody child or young person is placed may determine access rights in absence of court order, or

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

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

  1. Where the court makes an order under section 101 placing a child or young person in the custody of an iwi social service or a cultural social service or the director of a child and family support service, the convener of the social service or the director of that support service, as the case may require,—

  2. may from time to time direct that the child or young person be removed from the person with whom or the residence in which that child or young person was placed pursuant to section 104 and placed with some other person or in some other residence; and
    1. may request the chief executive or any constable to assist in carrying out any direction given under paragraph (a).
      1. Any delegate of the chief executive or any constable who is providing assistance under subsection (1)(b) may use such force as is reasonably necessary to do so.

      2. For the purposes of assisting in the carrying out of any direction given under subsection (1)(a), any delegate or constable may exercise the powers conferred by section 105(2), and the provisions of subsections (2) and (3) of section 105 shall apply accordingly with all necessary modifications.

      Notes
      • Section 106: replaced, on , by section 46 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
      • Section 106(1)(b): replaced, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
      • Section 106(1A): inserted, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
      • Section 106(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 106(2): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).