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Oranga Tamariki Act 1989

Care and protection of children and young persons - Access and exercise of other rights

121: Court may make orders for access and exercise of other rights by parents and other persons

You could also call this:

"The court can help you spend time with a child and make decisions about their care."

Illustration for Oranga Tamariki Act 1989

If you apply to the court under section 44 about a child or young person, the court can make an order letting you spend time with them. The court can make this order when you ask for it. You can ask for this order if you are a parent or another person who wants to see the child or young person.

When the court makes certain orders about a child or young person, like orders about who takes care of them under section 78, section 101, section 110, or section 110AA, you can ask to spend time with them. The court can also give you some rights to make decisions about the child or young person. You can be a parent or another person to get these rights.

The court can decide what conditions to put on any order it makes about spending time with or making decisions about a child or young person. This means the court can say what you can and can't do when you are with the child or young person.

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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=DLM150478.

Topics:
Crime and justice > Courts and legal helpFamily and relationships > Children and parenting
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120: Restriction on making of guardianship and parenting orders under Care of Children Act 2004, or

"Some court orders can't be made for kids with existing Oranga Tamariki Act orders"

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122: Enforcement of access rights, or

"Getting help to spend time with a child when it's your right"

Part 2Care and protection of children and young persons
Access and exercise of other rights

121Court may make orders for access and exercise of other rights by parents and other persons

  1. Where an application is made to the court under section 44 in respect of any child or young person, the court may make an order granting access to that child or young person to the applicant.

  2. Where the court—

  3. makes an order under section 78 relating to the custody of a child or young person; or
    1. makes a custody order or an interim custody order under section 101 in relation to a child or young person; or
      1. makes an order under section 110 or 110AA appointing the chief executive or any other person the sole guardian of a child or young person,—
            1. it may, on making the order, or at any time after making the order, on application made by any parent of the child or young person or any other person, make an order—
          1. granting access to that child or young person to that parent or other person:
            1. conferring on that parent or other person such rights in relation to the child or young person as it thinks fit.

              1. Any order made under subsection (1) or subsection (2) may be made on such terms and conditions as the court thinks fit.

              Notes
              • Section 121(2)(a): amended, on , by section 67(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
              • Section 121(2)(c): replaced, on , by section 17 of the Oranga Tamariki Amendment Act 2022 (2022 No 81).
              • Section 121(2)(ca): repealed, on , by section 17 of the Oranga Tamariki Amendment Act 2022 (2022 No 81).