Oranga Tamariki Act 1989

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

122: Enforcement of access rights

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

If you are entitled to spend time with a child or young person under a court order made under section 121, you can ask the court for help if that time is not happening. The court can issue a warrant that allows a person, such as a police officer or the chief executive, to take the child or young person to you. The court can give this power when it makes the order, or it can do it later if needed. If the court decides not to help you spend time with the child or young person, it can change or cancel the order.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150481.


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

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


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123: Power of entry, or

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

122Enforcement of access rights

  1. The court may at any time, on the application of any person entitled to access to a child or young person under an order made under section 121, issue a warrant authorising the chief executive or any constable or any other person named in the warrant to take possession of the child or young person and deliver that child or young person to the person entitled to access in accordance with the order.

  2. The function of executing a warrant issued in the name of the chief executive may be performed by a social worker or any other person authorised under a delegation to carry out that function (see section 7C).

  3. The power conferred on the court by subsection (1) may, if the court thinks fit, be exercised on the making of the order.

  4. Where, pursuant to this section, the court declines to enforce a right of access under an order made under section 121, it may of its own motion vary or discharge the order accordingly.

Compare
  • 1968 No 63 s 19(2), (3), (8)
  • 1979 No 52 s 3(1)
  • 1980 No 95 s 9(c)
Notes
  • Section 122(1): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
  • Section 122(1): 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 122(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
  • Section 122(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).