Oranga Tamariki Act 1989

Care and protection of children and young persons - Production of documents relevant to investigation

59: Application for production of documents relevant to investigation of whether child or young person in need of care or protection or assistance under section 17(2A)

You could also call this:

"Asking for documents to help a child who may need care or protection"

Illustration for Oranga Tamariki Act 1989

If you think a child or young person needs care or protection, or assistance under section 17(2A), you can ask the court for help. The chief executive or a police officer can apply to the court for an order to get documents that might have important information about the child or young person. They can do this if they believe someone has documents that could help decide if the child or young person needs care or protection, and that person will not let them see the documents.

You will get notice if someone applies to the court for an order to get documents from you. The court might also tell other people to get notice. When the court hears the application, you and the person who applied for the order can go to court and say what you think.

There are some documents that do not have to be given to the court, like documents that are private between a lawyer and their client. This is called legal professional privilege.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150042.


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Part 2Care and protection of children and young persons
Production of documents relevant to investigation

59Application for production of documents relevant to investigation of whether child or young person in need of care or protection or assistance under section 17(2A)

  1. Subject to subsection (4), the chief executive or a constable may apply to the court for an order requiring a person to produce a document for inspection by the chief executive or that constable if—

  2. they believe on reasonable grounds that any person has, in that person’s possession, custody, or power, any document that contains, or they think is likely to contain, information necessary or relevant for the purpose of determining whether any child or young person is in need of care or protection (otherwise than on the ground specified in section 14(1)(e)) or is in need of assistance under section 17(2A); and
    1. that person has refused to allow that document to be inspected.
      1. Subject to section 60, notice of an application under subsection (1) for an order for the production of a document shall be given by the applicant to the person in respect of whom the order is sought and to such other person or persons as the court directs.

      2. The applicant and every person to whom notice of an application under subsection (1) is given shall be entitled to appear and be heard on the hearing of the application.

      3. Nothing in subsection (1) applies in respect of any document the production of which would breach legal professional privilege.

      Notes
      • Section 59 heading: amended, on , by section 39(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
      • Section 59(1): replaced, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
      • Section 59(1)(a): amended, on , by section 39(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
      • Section 59(1)(a): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).