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Oranga Tamariki Act 1989

Care and protection of children and young persons - Variation and discharge of orders

125: Application for variation or discharge of orders made under this Part

You could also call this:

"Apply to change or cancel a court order about a child's care or support"

Illustration for Oranga Tamariki Act 1989

You can apply to the court to change or cancel certain orders made under this Part of the Oranga Tamariki Act 1989. These orders include ones about who looks after a child, orders that say someone must get counselling, and orders that say someone must pay for damage they caused. You can find out who can apply to the court by looking at section 126.

If you want to change or cancel a special guardianship order, you usually need to get the court's permission first. The court will only give you permission if there has been a big change in the child's situation, or in the situation of their parents or guardian. You can apply to change or cancel other types of orders, like support orders, without getting permission first.

You can ask the court to change, suspend, or cancel support orders, which are orders that say someone must help support a child. You can also ask the court to change or cancel conditions of these orders. The court will consider your application and make a decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150486.

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126: Persons who may apply for variation or discharge of order, or

"Who can ask to change or cancel a court order about a child or young person?"

Part 2Care and protection of children and young persons
Variation and discharge of orders

125Application for variation or discharge of orders made under this Part

  1. Any 1 or more of the persons specified in section 126 may, subject to that section, apply to the court for the variation or discharge of any of the following orders, or for the variation or cancellation of any condition of any such order:

  2. an order made under section 78 relating to the custody of a child or young person:
    1. an order made under section 83(1)(c) requiring any person to receive counselling:
      1. an order made under section 84(1)(b) directing the payment of reparation for any emotional harm or the loss of or damage to property:
        1. any services order or interim services order made under section 86 or section 86A:
          1. any restraining order or interim restraining order made under section 87 or section 88:
            1. any custody order or interim custody order made under section 101:
              1. any guardianship order made under section 110 or an interim guardianship order made under section 110AA:
                1. any special guardianship order made under section 113A (but only with leave, as required by subsection (1A)):
                  1. any order made under section 121 granting access to, or conferring rights in respect of, any child or young person.

                    1. Leave of the court must be obtained before an application is made for the variation or discharge of a special guardianship order made under section 113A, unless—

                    2. the application is made by the chief executive, an iwi social service, a cultural social service, or the director of a child and family support service; or
                      1. all parties to the proposed application agree to the making of the application.

                        1. Leave may be given for the purpose of subsection (1A) only if—

                        2. in the case of an application for discharge, there has been a significant change in the circumstances of the child or young person to whom the order relates; and
                          1. in the case of an application for variation, there has been a significant change in the circumstances of the child or young person to whom the order relates, or in the circumstances of their parents or any guardian.

                            1. Any 1 or more of the persons specified in section 126 may, subject to that section, apply to the court for the variation, suspension, or discharge of any support order or interim support order made under section 91 or section 92, or for the variation, suspension, or cancellation of any condition of any such order.

                            Compare
                            • 1974 No 72 s 64
                            Notes
                            • Section 125(1)(a): amended, on , by section 68(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                            • Section 125(1)(d): replaced, on , by section 16(2) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
                            • Section 125(1)(g): amended, on , by section 68(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                            • Section 125(1)(ga): inserted, on , by section 23(1) of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).
                            • Section 125(1A): inserted, on , by section 23(2) of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).
                            • Section 125(1A)(a): 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 125(1B): inserted, on , by section 23(2) of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).
                            • Section 125(1B)(b): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).