Plain language law

New Zealand law explained for everyone

Oranga Tamariki Act 1989

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

127: Court may vary or discharge order

You could also call this:

"The court can change or cancel an order if it thinks that's the best thing to do."

Illustration for Oranga Tamariki Act 1989

When you apply to the court to change or cancel an order, the court can make some decisions. The court can change the order in a way it thinks is right. The court can also cancel the order.

If you apply to change or cancel a support order, the court can make some decisions. The court can change the order in a way it thinks is right. The court can suspend the order for a certain time or cancel it.

There is one important thing to remember: the court cannot change an interim order to make it a final order unless it decides the child or young person needs care or protection. When the court makes an order, it can also make another order about a plan for the child or young person if it thinks that is necessary. This other order is made under section 134.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM150495.

Topics:
Crime and justice > Courts and legal helpFamily and relationships > Children and parenting
Previous

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

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

Next

128: Court to obtain and consider plan for child or young person before making certain orders, or

"The court must get a plan to keep you safe before making big decisions about you."

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

127Court may vary or discharge order

  1. On the hearing of any application under section 125(1) for the variation or discharge of any order, or the variation or discharge of any condition of any order, the court may—

  2. vary the order in such manner as it thinks fit:
    1. discharge the order:
      1. discharge the order and substitute any other order referred to in section 83(1) or section 84(1):
        1. make any order referred to in section 83(1) or section 84(1) in addition to the order (whether or not the court exercises any other power specified in paragraph (a) or any of paragraphs (d) to (g) in relation to the order):
          1. vary any condition of the order in such manner as it thinks fit:
            1. discharge any condition of the order:
              1. discharge any condition of the order and substitute any condition that could have been imposed when the order was first made:
                1. impose a further condition of the order.

                  1. On the hearing of any application under section 125(2) 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, the court may—

                  2. vary the order in such manner as it thinks fit:
                    1. suspend the order for such period as may be specified:
                      1. discharge the order:
                        1. discharge the order and substitute any other order referred to in section 83(1) or section 84(1):
                          1. make any order referred to in section 83(1) or section 84(1) in addition to the order (whether or not the court exercises any other power specified in paragraph (a) or paragraph (b) or any of paragraphs (e) to (i) in relation to the order):
                            1. vary any condition of the order in such manner as it thinks fit:
                              1. suspend any condition of the order for such period as may be specified:
                                1. discharge any condition of the order:
                                  1. discharge any condition of the order and substitute any condition that could have been imposed when the order was first made:
                                    1. impose a further condition of the order.

                                      1. Despite subsections (1) and (2), the court may not, under either of those subsections, vary an interim order to make it a final order unless the court decides that the child or young person is in need of care or protection.

                                      2. Where the court makes any order under this section, the court may, where it considers it necessary or desirable to do so, make such order under section 134 as it thinks fit with respect to any plan or revised plan in force concerning the child or young person.

                                      Compare
                                      • 1974 No 72 s 64
                                      Notes
                                      • Section 127(1)(ca): inserted, on , by section 19(1) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
                                      • Section 127(2)(da): inserted, on , by section 19(2) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
                                      • Section 127(2A): inserted, on , by section 69 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                                      • Section 127(3): replaced, on , by section 19(3) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).