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Oranga Tamariki Act 1989

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

61: Court may order document to be produced

You could also call this:

"The court can ask someone to share an important document to help keep a child safe."

Illustration for Oranga Tamariki Act 1989

If you apply to the court to get a document under section 59, the court can order the person with the document to give it to you. This can happen if the court thinks the document has information that is necessary to decide if a child needs care or protection, or needs help under section 17(2A). The court can look at the document to decide if it should make this order, and it can ask for the document to be given to the court.

The court can tell the person with the document to give it to the court for inspection, and then the court can decide if it should make an order for the document to be produced. If the court orders you to produce a document and you refuse or fail to do so, you can be fined up to $2,000.

You have to follow the court's order to produce a document, and if you do not, you can get in trouble. The court's order is important, and you should take it seriously.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150044.

Topics:
Crime and justice > Courts and legal helpFamily and relationships > Children and parenting
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60: Ex parte application for order for production of document, or

"Asking the court for a document without warning the other person, to help keep a child safe."

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62: Section 61 to apply notwithstanding any enactment or rule of law, or

"You must share documents when asked, even if another law says to keep them secret."

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

61Court may order document to be produced

  1. Where an application is made under section 59 for the production of any document, and the court is satisfied that the document contains information necessary or relevant for the purpose of determining whether any child or young person is in need of care or protection (other than on the ground specified in section 14(1)(e)) or is in need of assistance under section 17(2A), the court may, subject to section 59(4), order the person named in the application as the person who has the document in that person's possession, custody, or power to produce that document for inspection by the applicant.

  2. The court may inspect any document for the purpose of determining whether to make an order under this section for the production of that document, and for that purpose may order that document to be produced to the court.

  3. Every person commits an offence and is liable on conviction to a fine not exceeding $2,000 who, being a person who is ordered pursuant to this section to produce any document, refuses or fails to comply with that order.

Notes
  • Section 61(1): amended, on , by section 40 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
  • Section 61(3): amended, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).