Plain language law

New Zealand law explained for everyone

Oranga Tamariki Act 1989

Provisions relating to procedure in respect of proceedings under Parts 2 and 3A - Miscellaneous provisions

198: Special provisions applying to applications for care or protection order on ground of child's offending

You could also call this:

"Rules for when a court can make a care order because of something wrong you did"

Illustration for Oranga Tamariki Act 1989

If you do something wrong, the court can make a care or protection order. The court will only make this order if you would have been found guilty of the offence if you were charged under the Criminal Procedure Act 2011. You must have known that what you did was wrong or against the law.

The court also has to follow some rules when making this decision, but some of those rules do not apply in this situation, as stated in section 197 and section 14(1)(e).

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 It might be out of date or be missing some parts.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=DLM151653.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
Previous

197: Standard of proof, or

"How the court decides what is true in a case under the Oranga Tamariki Act"

Next

199: Power of court to call witnesses, or

"The court can ask people to be witnesses to help make a decision in a case."

Part 3Provisions relating to procedure in respect of proceedings under Parts 2 and 3A
Miscellaneous provisions

198Special provisions applying to applications for care or protection order on ground of child's offending

  1. The court shall not make a care or protection order (other than an interim order) on the ground specified in section 14(1)(e) unless—

  2. it would have found the child guilty of an offence if the proceedings had been pursuant to a charging document filed under the Criminal Procedure Act 2011 charging the child with the offence; and
    1. the court is satisfied that the child knew either that the act or omission constituting the offence was wrong or that it was contrary to law.

      1. Nothing in section 197 applies to any application for a care or protection order (other than an interim order) on the ground specified in section 14(1)(e).

      Compare
      • 1974 No 72 s 29(2)
      Notes
      • Section 198 heading: amended, on , by section 92(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
      • Section 198(1): amended, on , by section 26(1) of the Oranga Tamariki Amendment Act 2022 (2022 No 81).
      • Section 198(1)(a): amended, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
      • Section 198(2): replaced, on , by section 26(2) of the Oranga Tamariki Amendment Act 2022 (2022 No 81).