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Oranga Tamariki Act 1989

Care and protection of children and young persons - Services orders

86B: No services orders in respect of permanent caregivers

You could also call this:

"Courts can't make special rules for permanent caregivers or the kids in their care."

Illustration for Oranga Tamariki Act 1989

If you are a permanent caregiver for a child or young person, the court cannot make a services order about you. The court also cannot make a services order about a child or young person who is in your care as a permanent caregiver. This rule applies even if the court could have made a services order under sections 86 or 86A.

If a services order is already in place for a permanent caregiver or a child in their care when this law starts, then certain rules, like those in sections 134 to 137, do not apply to that order. The services order will stop being in effect when it is next due for review. This means the order will not last forever, it will end at its next review date.

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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=DLM6892445.

Topics:
Crime and justice > Courts and legal helpFamily and relationships > Children and parentingFamily and relationships > Adoption and guardianship
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86A: Interim services orders, or

"The court can make a temporary order to help a child while it decides the main case."

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87: Restraining orders, or

"Orders to keep someone safe from harm or danger"

Part 2Care and protection of children and young persons
Services orders

86BNo services orders in respect of permanent caregivers

  1. Despite sections 86 and 86A, a court must not make a services order or an interim services order under either of those sections in respect of—

  2. a person who is, or is to be made, a permanent caregiver of a child or young person; or
    1. a child or young person who is, or is to be, in the care of a permanent caregiver.

      1. If a services order or an interim services order in respect of a permanent caregiver, or in respect of a child or young person in the care of a permanent caregiver, is in force on the date on which this section comes into force,—

      2. on and from that date, sections 134 to 137 have no effect so far as they relate to the order; and
        1. the order ceases to have effect on the date on which it is next due for review.

          Notes
          • Section 86B: inserted, on , by section 18 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).