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Oranga Tamariki Act 1989

Care and protection of children and young persons - Powers to remove child or young person

45: Child or young person placed in custody of chief executive to be brought before court within 5 days unless sooner released

You could also call this:

"You must go to court within 5 days if you're in care, unless you're released sooner."

Illustration for Oranga Tamariki Act 1989

If you are a child or young person and you are placed in the custody of the chief executive, you will be brought before the court within 5 days. This is unless you are released from custody before that day, or an order is made under section 78 about your custody. You can be kept in the custody of the chief executive until you are brought before the court, or for a longer period if a Family Court Judge says so.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150016.

Topics:
Crime and justice > Courts and legal help
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44: Parent or guardian may apply for release of or access to child or young person, or

"A parent or guardian can ask the court to let their child come home or to visit them."

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46: Powers of court where application made under section 44 or child or young person brought before court under section 45, or

"What the court can decide if you're in court under certain rules"

Part 2Care and protection of children and young persons
Powers to remove child or young person

45Child or young person placed in custody of chief executive to be brought before court within 5 days unless sooner released

  1. A child or young person who is placed in the custody of the chief executive pursuant to section 39 or section 40 or section 42—

  2. shall be brought before the court not later than the fifth day after the date on which that child or young person is so placed, unless, before that day,—
    1. the child or young person is released from that custody; or
      1. an order is made under section 78 with respect to the custody of that child or young person:
      2. may be kept in the custody of the chief executive until the child or young person is brought before the court in accordance with paragraph (a), or for such further period as may be directed by a Family Court Judge.

        Notes
        • Section 45 heading: amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
        • Section 45: amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
        • Section 45(b): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).