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Oranga Tamariki Act 1989

Youth justice - Supervision with residence orders

312: Effect of supervision with residence order

You could also call this:

"What happens when the court puts you in care and makes decisions for you like a parent."

Illustration for Oranga Tamariki Act 1989

When the court makes an order under section 311 to put you in the care of the chief executive, the chief executive looks after you every day. They make decisions for you like a parent would. The chief executive has the same role as a parent who has a parenting order under section 48(1) of the Care of Children Act 2004.

The court can stop other people from having custody of you, except for any rights the court says they can still have. The chief executive is in charge of your day-to-day care, which is what section 91 of the Care of Children Act 2004 means.

If the court makes an order under section 311(1), a constable or the chief executive can take you to the place you will be living, as stated in your plan made under section 335. They can use reasonable force to do this. The chief executive can also move you to a different place with the court's approval, and use reasonable force if needed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM154007.

Topics:
Crime and justice > Courts and legal helpFamily and relationships > Children and parenting
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311: Supervision with residence order, or

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Part 4Youth justice
Supervision with residence orders

312Effect of supervision with residence order

  1. Where the court makes an order under section 311 placing a young person in the custody of the chief executive,—

  2. the chief executive has the role of providing day-to-day care for the child or young person as if a parenting order had been made with respect to the child or young person under section 48(1) of the Care of Children Act 2004; and
    1. except to the extent that they are preserved by the court in any order made under section 313, all the rights, powers, and duties of every other person having custody of the young person shall be suspended and shall have no effect; and
      1. for the purposes of section 91 of the Care of Children Act 2004,—
        1. the order constitutes an order about the role of providing day-to-day care for the child or young person; and
          1. the chief executive is a person who, under the order, has the role of providing day-to-day care for the child or young person.

          2. Any order made under section 311(1) shall be sufficient authority for any constable or the chief executive (acting through the chief executive’s delegate) or any other person authorised in that behalf by the chief executive to take the young person to whom the order relates to such residence as is specified in the plan prepared under section 335 in relation to that young person and approved by the court, and to use such force as is reasonably necessary for that purpose.

          3. Where the court makes an order under section 311 placing a young person in the custody of the chief executive, the chief executive may, with the approval of the court, transfer the young person from any residence to any other residence, and may, for that purpose, use such force as is reasonably necessary.

          Notes
          • Section 312(1): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
          • Section 312(1)(a): replaced, on , by section 151 of the Care of Children Act 2004 (2004 No 90).
          • Section 312(1)(c): replaced, on , by section 151 of the Care of Children Act 2004 (2004 No 90).
          • Section 312(2): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
          • Section 312(2): 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 312(2): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
          • Section 312(2): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
          • Section 312(3): amended, on , by section 37 of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).
          • Section 312(3): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).