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

Plans for children and young persons

128 Court to obtain and consider plan for child or young person before making certain orders

(1)

Where the court proposes to make any 1 or more of the orders specified in subsection (2) in respect of any child or young person, the court shall, before making any such order, obtain, in relation to that child or young person, a plan prepared in accordance with sections 129 and 130.

(2)

The orders referred to in subsection (1) are as follows:

(a)

a services order under section 86:

(b)

a support order under section 91 in respect of any child or young person:

(c)

an order (other than an interim order) under section 101 placing any child or young person in the custody of any person:

(d)

an order under section 110 appointing any person as the sole guardian of a child or young person:

(e)

a special guardianship order under section 113A.

(2A)

An applicant for an order may prepare a plan, that the court is required to obtain to make the order, and file it in accordance with subsection (3A) without a direction from the court.

(3)

Where, pursuant to subsection (1), the court is required to obtain a plan in relation to a child or young person, that plan shall be prepared notwithstanding that a plan prepared pursuant to this section is already in force in relation to that child or young person, and on the preparation of that plan any plan already in force in relation to the child or young person shall cease to be in force.

(3A)

A plan prepared under subsection (1) or (2A) must be filed with the court not later than 10 working days before the date set for the hearing to determine whether an order specified in subsection (2) should be made.

(4)

Notwithstanding anything in subsection (1), where—

(a)

the court proposes to make an order in respect of a child or young person; and

(b)

but for this subsection, the court would be required, pursuant to subsection (1), to obtain a plan in respect of the order; and

(c)

the making of the order would be in accordance with a decision, recommendation, or plan made or formulated by a family group conference; and

(d)

that conference has already formulated, in respect of the child or young person, a plan that complies with the requirements of section 130; and

(e)

either—

(i)

that plan was prepared in consultation with the chief executive; or

(ii)

the chief executive consents to that plan being treated as a plan obtained by the court pursuant to subsection (1),—

the court may treat that plan as a plan obtained by the court pursuant to subsection (1), and that subsection and the other provisions of this Act that relate to plans obtained pursuant to that subsection shall apply accordingly as if the plan had been prepared by the chief executive.

Section 128(2)(a): amended, on 8 January 1995, by section 20(1) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 128(2)(e): inserted, on 30 June 2016, by section 24 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).

Section 128(2A): inserted, on 1 July 2019, by section 70(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 128(3A): inserted, on 1 July 2019, by section 70(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 128(4): inserted, on 8 January 1995, by section 20(2) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 128(4): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 128(4)(e)(i): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 128(4)(e)(i): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 128(4)(e)(ii): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).