Oranga Tamariki Act 1989

Care and protection of children and young persons - Support orders

92A: Restriction on support orders where there is permanent caregiver

You could also call this:

"No money help from the court if a child has a permanent caregiver."

Illustration for Oranga Tamariki Act 1989

If you are in a situation where a court is deciding about support for a child, the court cannot make a certain type of support order if the child has a permanent caregiver. This type of order is one that tells the chief executive or someone else to give financial or other help that the chief executive could give under section 388 or section 388A. The court is restricted from making this kind of order for a child who is in the care of a permanent caregiver.

If a child is or will be in the care of a permanent caregiver, the court must consider this when making decisions about support orders. You should know that the chief executive has the power to provide certain types of assistance under section 388 or section 388A, and the court's decision will take this into account. The court's goal is to make decisions that are in the best interests of the child.

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This page was last updated on 25 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6892447.

Topics:

Family and relationships > Children and parentingFamily and relationships > Adoption and guardianship

92: Interim support orders, or

"The court can make a temporary decision to help a child while it thinks about a bigger decision."

93: Duty to provide support, or

"Someone must help and care for a child when the court says so."

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

92ARestriction on support orders where there is permanent caregiver

A court must not make a support order or an interim support order under section 91 or 92 of a kind referred to in subsection (2) in respect of a child or young person who is, or who is to be, in the care of a permanent caregiver.
The kind of order that must not be made is an order directing the chief executive or any other person or organisation to provide financial or other assistance that could be provided by the chief executive under section 388 or 388A, whether or not that assistance is actually provided.

Notes

Section 92A: inserted, on 30 June 2016, by section 19 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).