Oranga Tamariki Act 1989

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

154: Service of application for variation or discharge of order

You could also call this:

"Telling people about your request to change or cancel a court order"

Illustration for Oranga Tamariki Act 1989

When you want to change or cancel an order, you need to tell certain people about your application. You must serve your application to people who would have been able to make the same application, the person who asked for the care or protection order, the chief executive, and anyone else the court says. You do this according to the court's rules, but you should check section 155 first. The court's rules are like a set of instructions that the court follows.

If you are served with these proceedings, you can go to court and have your say. This means you can tell the court what you think about the application. You will be treated like a party to the proceedings, which means you have the right to be heard.

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 It might be out of date or be missing some parts.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=DLM151066.


Previous

153: Notice of application for care or protection order to be given to child or young person, or

"You get a copy of the application if someone asks the court to help keep you safe."


Next

155: Court may dispense with service, or

"The court can say you don't have to give someone a document if you can't."

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

154Service of application for variation or discharge of order

  1. Subject to section 155, every application under section 125 shall be served, in accordance with rules of court, on the following persons:

  2. every person who would have been entitled, under section 126(b), (c), (j), (k), (l), (m), or (n), to make an application under section 125 in respect of the order to which the application relates:
    1. the applicant for a care or protection order in respect of which the order was made:
      1. the chief executive:
        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.

          Notes
          • Section 154(1): amended, on , by section 6 of the Family Courts Amendment Act 2000 (2000 No 65).
          • Section 154(1)(b): replaced, on , by section 86 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
          • Section 154(1)(c): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).