Oranga Tamariki Act 1989
Children’s and Young People’s Well-being Act 1989

Services orders

86 Services orders

(1)

Where the court makes a declaration under section 67 in relation to a child or young person, it may—

(a)

make an order directing the chief executive or any other person or organisation named in the order to provide such services and assistance as may be specified in the order for such period and on such terms and conditions as may be specified to a parent or guardian or other person having the care of the child or young person:

(b)

make an order directing the chief executive or any other person or organisation named in the order to provide such services and assistance as may be specified in the order for such period and on such terms and conditions as may be specified to the child or young person.

(2)

The court shall not make an order under subsection (1) unless the chief executive (where the order is to be directed to the chief executive) or the person or organisation that would be required to provide services and assistance pursuant to the order (in any other case)—

(a)

is given notice of the court’s intention to consider making the order; and

(b)

is given an opportunity to appear and be heard by the court before the order is made; and

(c)

subject to subsection (3), consents to the making of the order.

(3)

An order directing the chief executive to provide services and assistance may be made under this section without the consent of the chief executive, but only if the court, after having regard to any reasons advanced on behalf of the chief executive as to why the order should not be made, is satisfied—

(a)

that requiring the chief executive to provide those services and assistance is not clearly impracticable; and

(b)

that the child or young person in respect of whom the court proposes to make an order under this section is in the care of a person or organisation clearly consistently with the principles set out in sections 5, 6, and 13.

Section 86: replaced, on 8 January 1995, by section 12 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 86(1)(a): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 86(1)(b): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 86(2): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 86(3): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 86(3)(a): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).