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Oranga Tamariki Act 1989

Care and protection of children and young persons - Plans for children and young persons

129: Court to direct who is to prepare plan

You could also call this:

"The court decides who writes a plan to help a child or young person."

Illustration for Oranga Tamariki Act 1989

When a court needs a plan for a child or young person, you prepare the plan if you asked for the order. The court can also tell someone else to prepare the plan. If someone else prepares the plan and it affects the chief executive, they must prepare it with the chief executive or their representative. The plan must say that the chief executive was involved in preparing it. A plan affects the chief executive if it says they must provide services or support, or if a child or young person will be in their care. The court can ask you to change your plan if it is not good enough. They can tell you what to include in your new plan.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM151004.

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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."

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130: Content of plans, or

"What's in a plan to help and support you"

Part 2Care and protection of children and young persons
Plans for children and young persons

129Court to direct who is to prepare plan

  1. Where, pursuant to section 128, the court is required to obtain a plan in respect of any order, the plan must be prepared by the applicant for the order, or any other person that the court directs.

  2. Where—

  3. a person prepares a plan; and
    1. that person is not the chief executive (acting through the chief executive’s delegate); and
      1. that plan has any implications for the chief executive,—
          1. the plan shall be of no effect unless it has been prepared in consultation with the chief executive or the chief executive’s representative, and contains an express statement to the effect.

        1. For the purposes of subsection (1A), a plan has implications for the chief executive if it proposes that—

        2. the chief executive be required to provide services or assistance pursuant to a services order under section 86; or
          1. the chief executive be required to provide support pursuant to a support order under section 91; or
            1. a child or young person be placed in the custody or care of the chief executive; or
              1. the chief executive be appointed as the sole guardian, or as an additional guardian, of a child or young person; or
                1. a child or young person receive counselling or other services under this Act, where that counselling or those services would be provided at the department's expense; or
                  1. either—and that the chief executive provide financial assistance to that person or organisation; or
                    1. a child or young person be placed in the custody or care of any person or organisation; or
                      1. any person or organisation be appointed as the sole guardian, or as an additional guardian, of a child or young person,—
                      2. any order (whether a services order under section 86 or a support order under section 91, or any other order) be made in relation to any person or organisation, and that the chief executive provide financial assistance to that person or organisation for the purpose of assisting that person or organisation to give effect to the order.

                        1. Where the court considers that any plan prepared pursuant to section 128 is inadequate, it may direct the person who prepared the plan to furnish to the court a revised plan, and may indicate any specific matter that it requires to be dealt with in that plan.

                        Notes
                        • Section 129(1): amended, on , by section 71(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                        • Section 129(1A): inserted, on , by section 21 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
                        • Section 129(1A): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                        • Section 129(1A): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
                        • Section 129(1A)(a): replaced, on , by section 71(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                        • Section 129(1A)(b): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                        • Section 129(1A)(b): 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 129(1A)(c): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
                        • Section 129(1B): inserted, on , by section 21 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
                        • Section 129(1B): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
                        • Section 129(1B)(a): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
                        • Section 129(1B)(b): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
                        • Section 129(1B)(c): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
                        • Section 129(1B)(d): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
                        • Section 129(1B)(f): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
                        • Section 129(1B)(g): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).