Oranga Tamariki Act 1989

Care and protection of children and young persons - Guardianship orders

110AA: Interim guardianship orders

You could also call this:

"A temporary order to help a child or young person right away while the court decides what to do."

Illustration for Oranga Tamariki Act 1989

When you are in court because of a problem with a child or young person, the court can make a special order called an interim guardianship order. This order is made when the child or young person needs help right away and the court is still deciding what to do. The court can make this order on its own or because someone asked for it.

You can only get an interim guardianship order if the child or young person really needs it and can't wait for the court to make a final decision. The order can't last for more than six months after it's made. If an interim guardianship order is made, the court can make another order later, like a final order under section 110, or a different kind of order.

Sometimes the court can make an interim guardianship order even if there aren't any other court cases about the child or young person. This can happen if the court thinks it's really important to make the order right away, because it's in the best interests of the child or young person. In this case, the order will only last for a short time, like up to 28 days, unless the court says it can last longer.

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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=LMS220814.

Topics:

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

110: Guardianship orders, or

"A court can choose a guardian to care for a child who needs help and protection."

110A: Application for change of guardianship order, or

"Asking the court to change who looks after a child"

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

110AAInterim guardianship orders

In any proceedings in a court under this Part in relation to a child or young person, the court may, on the application of any party to the proceedings, or on its own motion, make an order that it is empowered to make under section 110 on an interim basis pending the determination of the proceedings.
An interim guardianship order may be made only if the immediate needs of the child or young person cannot be met without making the order.
An interim guardianship order must not continue in force for more than 6 months after the date on which it is made.
If an interim guardianship order is made, the court may, on application by any person who was the applicant in the proceedings in which the order was made, or any person on whom the application in those proceedings was served in accordance with section 152, or the person in whose custody the child or young person was placed,—
make 1, but only 1, further interim guardianship order under this section; or
make a final order under section 110; or
make any other order referred to in section 83(1) or 84(1) that the court considers appropriate; or
dismiss the application.

Even if there are no other proceedings under this Part in relation to a child or young person, the court may, on application by a person entitled to make an application under section 68 (the applicant), if it is satisfied that subsection (6) applies, make an interim guardianship order.
This subsection applies if it is in the best interests of the child or young person that an interim guardianship order be made as a matter of urgency.
An order under subsection (5) remains in force—
for the period specified in the order (not exceeding 28 days) unless it is earlier discharged by the court on application under section 125; or
until a later date (specified by the court in the order) that the court considers allows sufficient time for a family group conference to be held and, if necessary, an application for another care or protection order to be made.

Notes

Section 110AA: inserted, on 1 July 2019, by section 65 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).