Oranga Tamariki Act 1989

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

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

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

You can apply to change or cancel an order if you are one of the following people. You might be the child or young person the order is about, or a parent or guardian of that child or young person. You could also be a lawyer representing the child or young person.

You might be a near relative of the child or young person, or a member of their whanau or family group. You could be someone who was given a copy of the application for a care or protection order, as explained in section 152. The chief executive or the director of a child and family support service can also apply.

Other people who can apply include iwi social services or cultural social services. If the order says someone must get counselling, that person can apply to change or cancel the order. If the order says someone must provide services or assistance, that person or organisation can apply.

If the order is a restraining order, the person named in that order can apply. If the order says someone must provide support to a child or young person, that person or organisation can apply. If the order is about who gets to take care of the child or young person, the person who was given custody can apply.

The court can also let other people apply if they think it is a good idea.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150489.


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

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


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126A: Court may direct holding of family group conference to consider application, or

"Court can order a family meeting to discuss your application"

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

126Persons who may apply for variation or discharge of order

  1. The following persons may make an application under section 125 in respect of an order specified in that section:

  2. the child or young person in respect of whom the order was made:
    1. any parent or guardian of that child or young person:
      1. any barrister or solicitor representing the child or young person:
        1. any near relative of that child or young person:
          1. any member of that child's or young person's whanau or family group:
            1. any person on whom the application for a care or protection order has been served in accordance with section 152:
              1. the chief executive:
                1. the director of any child and family support service:
                  1. any iwi social service or cultural social service:
                    1. in respect of an order made under section 83(1)(c), any person required to receive counselling pursuant to that order:
                      1. in respect of any services order or interim services order made under section 86 or section 86A, any person or organisation required to provide services or assistance pursuant to the order:
                        1. in respect of any restraining order or interim restraining order made under section 87 or section 88, any person named in that order:
                          1. in respect of any support order or interim support order made under section 91 or section 92, any person or organisation directed, pursuant to that order, to provide support to a child or young person:
                            1. in respect of any custody order or interim custody order made under section 101, or any order made under section 78, any person granted custody of the child or young person by that order:
                              1. with the leave of the court, any other person.
                                Notes
                                • Section 126(f): replaced, on , by section 18 of the Oranga Tamariki Amendment Act 2022 (2022 No 81).
                                • Section 126(g): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
                                • Section 126(i): replaced, on , by section 46 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
                                • Section 126(k): replaced, on , by section 17 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).