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Children, Young Persons, and Their Families Act 1989

Sections and provisions with full text and the judgments that cite each one.

Section 92 — Interim support orders

92 Interim support orders Where an application is made to the Court for a declaration under section 67 of this Act in relation to a child or young person, the Court may, on application by the…

Section 93 — Duty to provide support

93 Duty to provide support Where an order is made under section 91 or section 92 of this Act in relation to a child or young person, it is the duty of the chief executive (where the order is directed…

Section 94 — Duty of chief executive to appoint Social Worker to provide support

94 Duty of chief executive to appoint Social Worker to provide support Where, pursuant to section 91 or section 92 of this Act, the chief executive is directed to provide support to a child or young…

Section 95 — Conditions of support order or interim support order

95 Conditions of support order or interim support order Where the Court makes an order under section 91 or section 92 of this Act directing a person or organisation specified in the order to provide…

Section 96 — Power of Court to impose additional conditions

96 Power of Court to impose additional conditions (1) The Court, in making an order under section 91 or section 92 of this Act directing a person or organisation to provide support to a child or…

Section 97 — Court may impose conditions in respect of parent, guardian, etc, of child or young person

97 Court may impose conditions in respect of parent, guardian, etc, of child or young person (1) The Court, in making an order under section 91 or section 92 of this Act directing any person or…

Section 98 — Court not to impose condition requiring medical treatment without person's consent

98 Court not to impose condition requiring medical treatment without person's consent The Court shall not impose any condition under section 96 or section 97 of this Act requiring any person to…

Section 99 — Person or organisation providing support to child or young person to report to Court

99 Person or organisation providing support to child or young person to report to Court Where, pursuant to section 91 of this Act, any person or organisation is directed to provide support to a child…

Section 100 — Failure to observe conditions of support order

100 Failure to observe conditions of support order (1) Where the Court makes an order under section 91 or section 92 of this Act directing any person or organisation to provide support to a child or…

Section 101 — Custody orders

101 Custody orders (1) Where the Court makes a declaration under section 67 of this Act in relation to a child or young person, it may make an order placing that child or young person in the custody…

Section 102 — Interim custody orders

102 Interim custody orders (1) Where the Court makes a declaration under section 67 of this Act, it may, instead of making a final order under section 101 of this Act, make an interim custody order…

Section 103 — Court may impose conditions to facilitate return of child or young person

103 Court may impose conditions to facilitate return of child or young person Where the Court makes an order under section 101 of this Act placing a child or young person in the custody of the chief…

Section 104 — Effect of custody order

104 Effect of custody order (1) Where the Court makes an order under section 101 of this Act placing a child or young person in the custody of any person,— (a) that person has the role of providing…

Section 105 — Living arrangements for child or young person placed in custody of chief executive

105 Living arrangements for child or young person placed in custody of chief executive (1) Where the Court makes an order under section 101 of this Act placing a child or young person in the custody…

Section 106 — Living arrangements where child or young person placed in custody of Iwi Social Service, etc

106 Living arrangements where child or young person placed in custody of Iwi Social Service, etc (1) Where the Court makes an order under section 101 of this Act placing a child or young person in…

Section 107 — Person in whose custody child or young person is placed may determine access rights in absence of Court order

107 Person in whose custody child or young person is placed may determine access rights in absence of Court order Where— (a) The Court makes an order under section 101 of this Act placing a child or…

Section 108 — When custody order shall cease to have effect

108 When custody order shall cease to have effect Where the Court makes an order under section 101 of this Act placing a child or young person in the custody of any person, that order shall cease to…

Section 109 — Custody to revert on expiry of order

109 Custody to revert on expiry of order Where an order made under section 101 of this Act placing a child or young person in the custody of any person expires, custody of the child or young person…

Section 110 — Guardianship orders

110 Guardianship orders (1) Where the Court makes a declaration under section 67 of this Act in relation to any child or young person, it may make an order appointing any of the following persons to…

Section 111 — Person not to be appointed as guardian without consent

111 Person not to be appointed as guardian without consent The Court shall not make an order under section 110 of this Act appointing any person (other than the chief executive) as a guardian unless—…

Section 112 — Chief executive may be appointed as guardian for specific purpose

112 Chief executive may be appointed as guardian for specific purpose Any order under section 110 of this Act appointing the chief executive as a guardian may specify that the appointment is for a…

Section 113 — Court may impose conditions to facilitate return of child or young person

113 Court may impose conditions to facilitate return of child or young person Where the Court makes an order under section 110 of this Act appointing the chief executive or an Iwi Social Service or a…

Section 114 — Effect of guardianship order

114 Effect of guardianship order (1) Where the Court makes an order under section 110 of this Act appointing any person as a guardian of any child or young person (whether as sole guardian or as a…

Section 115 — Disputes between guardians

115 Disputes between guardians Where— (a) Pursuant to section 110 of this Act, any person is appointed as guardian of a child or young person in addition to any other guardian; and (b) Those…

Section 116 — Review of guardian's decision or refusal to give consent

116 Review of guardian's decision or refusal to give consent (1) For the purposes of this section young person means a boy or girl of or over the age of 14 years but under 20 years. (2) Where— (a) A…

Section 117 — When guardianship orders to cease to have effect

117 When guardianship orders to cease to have effect (1) Every guardianship order made under section 110 of this Act shall cease to have effect when— (a) The young person to whom it relates attains…

Section 118 — Reversion of guardianship on expiry or discharge of guardianship order

118 Reversion of guardianship on expiry or discharge of guardianship order Where an order made under section 110 of this Act expires or is discharged, guardianship of the child or young person in…

Section 119 — Guardianship of child or young person on death of person appointed as guardian under this Act

119 Guardianship of child or young person on death of person appointed as guardian under this Act On the death of any person (being a person referred to in subsection (1)(e) of section 110 of this…

Section 120 — Restriction on making of guardianship and parenting orders under Care of Children Act 2004

120 Restriction on making of guardianship and parenting orders under Care of Children Act 2004 (1) If a child or young person is subject to an order made under section 78 or section 101 or section…

Section 121 — Court may make orders for access and exercise of other rights by parents and other persons

121 Court may make orders for access and exercise of other rights by parents and other persons (1) Where an application is made to the Court under section 44 of this Act in respect of any child or…

Section 122 — Enforcement of access rights

122 Enforcement of access rights (1) The Court may at any time, on the application of any person entitled to access to a child or young person under an order made under section 121 of this Act, issue…

Section 123 — Power of entry

123 Power of entry For the purpose of executing any warrant issued under section 122 of this Act, any Social Worker or member of the Police or any other person named in the warrant may enter and…

Repealed

Section 124 — Person executing warrant to produce evidence of authority and identity

124 Person executing warrant to produce evidence of authority and identity [Repealed] Section 124 was repealed, as from 2 September 1996, by section 2(2) Children, Young Persons, and Their Families…

Section 125 — Application for variation or discharge of orders made under this Part of this Act

125 Application for variation or discharge of orders made under this Part of this Act (1) Any one or more of the persons specified in section 126 of this Act may, subject to that section, apply to…

Section 126 — Persons who may apply for variation or discharge of order

126 Persons who may apply for variation or discharge of order The following persons may make an application under section 125 of this Act in respect of an order specified in that section: (a) The…

Section 126A — Court may direct holding of family group conference to consider application

126A Court may direct holding of family group conference to consider application (1) Where an application is made under section 125 of this Act, the Court, at any stage of the proceedings, may direct…

Section 127 — Court may vary or discharge order

127 Court may vary or discharge order (1) On the hearing of any application under section 125(1) of this Act for the variation or discharge of any order, or the variation or discharge of any…

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

128 Court to obtain and consider plan for child or young person before making certain orders (1) Where the Court proposes to make any one or more of the orders specified in subsection (2) of this…

Section 129 — Court to direct who is to prepare plan

129 Court to direct who is to prepare plan (1) Where, pursuant to section 128 of this Act, the Court is required to obtain a plan in respect of any order, the plan shall be prepared by such person as…

Section 130 — Content of plans

130 Content of plans Every plan prepared pursuant to section 128 of this Act in respect of a child or young person shall— (a) Specify the objectives sought to be achieved for that child or young…

Section 131 — Adjournment for purposes of obtaining plan

131 Adjournment for purposes of obtaining plan (1) Any adjournment for the purposes of obtaining a plan pursuant to section 128 of this Act shall not exceed 28 days unless the Court in any special…

Section 132 — Access to plans

132 Access to plans (1) Subject to section 133 of this Act, a copy of every plan furnished to the Court pursuant to section 128 of this Act shall be given by the Registrar of the Court— (a) To every…

Section 133 — Court may order plan not to be disclosed

133 Court may order plan not to be disclosed The Court may order that the whole or any part of a plan given to any person pursuant to section 132(1) of this Act shall not be disclosed to any person…

Section 134 — Court to set date for review of plan

134 Court to set date for review of plan (1) Where a plan is prepared pursuant to section 128 of this Act in respect of any child or young person, the Court shall, on making any of the orders…

Section 135 — Review of plan

135 Review of plan (1) Subject to section 127(3) of this Act, the person who is directed, pursuant to section 134 of this Act, to review a plan prepared under section 128 of this Act in respect of a…

Section 136 — Access to reports and revised plans

136 Access to reports and revised plans The provisions of sections 132 and 133 of this Act shall apply, with such modifications as may be necessary, with respect to every report, and every revised…

Section 137 — Court to consider report and make directions

137 Court to consider report and make directions (1) Where a report is furnished to the Court pursuant to section 135 of this Act in respect of the review of any plan prepared in relation to any…

Section 138 — Court to set date for further review of plan

138 Court to set date for further review of plan (1) After considering a report furnished pursuant to section 135 of this Act in respect of the review of a plan, and after taking such action (if any)…

Section 139 — Agreements for temporary care of children and young persons by chief executive, Iwi Social Services, etc

139 Agreements for temporary care of children and young persons by chief executive, Iwi Social Services, etc (1) Subject to this section, any parent or guardian or other person having the care of a…

Section 140 — Agreements for extended care of children and young persons by chief executive, Iwi Social Service, etc

140 Agreements for extended care of children and young persons by chief executive, Iwi Social Service, etc (1) Subject to this section and to sections 143 to 145 and section 147 of this Act, where…