Family Violence Act 2018

If you need more information about this Act, please contact the administering agency: Ministry of Justice
64 Applications against children

(1)

The court must not make a protection order against a child unless satisfied that the child is aged 16 years old or over and that the order is justified by special circumstances.

(2)

The court must not make a direction under section 89 (protection from respondent’s associates) that a protection order apply against a child unless satisfied that the child is aged 16 years old or over and that the direction is justified by special circumstances.

(3)

In determining under this section whether a protection order, or direction under section 89, is justified by special circumstances, the court—

(a)

must consider whether to report concerns about the well-being of the child under section 15 of the Oranga Tamariki Act 1989; and

(b)

may, if the child is not represented by a lawyer in respect of the proceedings related to the order or direction, appoint a lawyer under section 166(1)(c) to act for the child in respect of those proceedings; and

(c)

may under section 66 (report from chief executive or social worker) direct the Registrar to supply a copy of the application for the protection order to the chief executive; and

(d)

may refer the matter to a care and protection co-ordinator under section 19 of the Oranga Tamariki Act 1989.

Compare: 1995 No 86 s 10