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Oranga Tamariki Act 1989

Provisions relating to procedure in respect of proceedings under Parts 2 and 3A - Service of applications

152: Service of application for care or protection order

You could also call this:

"Telling people about a care or protection order application"

Illustration for Oranga Tamariki Act 1989

When you want to apply for a care or protection order, you must tell certain people about it. You do this by serving them with the application, which means giving them the paperwork. This is done according to the rules of court.

You must serve the application on the child's parents or guardians. If the child is not living with their parents or guardians, you must serve the person they are living with, if that person has been taking care of the child for at least six months. You may also need to serve other people, such as the chief executive, if the child is in their custody.

If you are served with the application, you have the right to go to court and be heard. This means you can tell the court your thoughts and feelings about the application. You can do this as a party to the proceedings, which means you are involved in the court case.

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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=DLM151060.

Topics:
Family and relationships > Children and parentingCrime and justice > Courts and legal help
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153: Notice of application for care or protection order to be given to child or young person, or

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Part 3Provisions relating to procedure in respect of proceedings under Parts 2 and 3A
Service of applications

152Service of application for care or protection order

  1. Subject to section 155, every application for a care or protection order shall be served, in accordance with rules of court, on the following persons:

  2. each parent or guardian of the child or young person:
    1. if the child or young person is not residing with any of their parents or guardians, any person with whom the child or young person is living and who has had the care of the child or young person for a period of not less than 6 months immediately before the application was made:
      1. if the child or young person is in the custody or under the guardianship of the chief executive, the principal manager of the department for the area in which the child or young person is residing:
        1. if the child or young person is in the custody or under the guardianship of an iwi social service or a cultural social service, that social service:
          1. if the child or young person is in the custody of the director of a child and family support service, that director:
            1. any other person specified by the court.

              1. Any person served with proceedings under subsection (1) shall be entitled to appear and be heard as a party to the proceedings.

              Compare
              • 1974 No 72 s 27(4)–(6)
              Notes
              • Section 152 heading: amended, on , by section 84(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
              • Section 152(1): amended, on , by section 84(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
              • Section 152(1): amended, on , by section 6 of the Family Courts Amendment Act 2000 (2000 No 65).
              • Section 152(1)(b): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
              • Section 152(1)(c): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
              • Section 152(1)(d): replaced, on , by section 46 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).