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Oranga Tamariki Act 1989

Care and protection of children and young persons - Care or protection orders

85: Recall to come before court

You could also call this:

"Going back to court if something changes"

Illustration for Oranga Tamariki Act 1989

If the court makes a special order under section 83(1)(b), it can ask the person the order is about to come to court at any time. You might get asked to come to court if the chief executive, a constable, or the person who applied for the order asks the court to do so. The court will send you a summons, which is a special notice, to tell you to come to court.

When you go to court, the court will think about what has happened since the order was made and can make new decisions. The court can use its powers under section 83 or section 84, but there are some things it cannot do. The court cannot make the same type of order it made the first time, and it cannot do some things if it already did them when it made the first order.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150086.

Topics:
Crime and justice > Courts and legal help
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Part 2Care and protection of children and young persons
Care or protection orders

85Recall to come before court

  1. Where the court makes an order under section 83(1)(b), the court may, at any time during the duration of the order, direct, on the application of—

  2. the chief executive; or
    1. a constable; or
      1. the applicant in the proceedings in which the order was made,—
          1. the issue to the person in respect of whom the order was made of a summons, in a form prescribed for the purposes of this subsection by rules of court, to appear before the court.

        1. Where a person appears before the court on a summons issued under subsection (1), the court may consider the matter and after taking into account such factors as may be relevant since the making of the order, exercise any of the powers conferred on it under section 83 or section 84 except—

        2. the power conferred by section 83(1)(b); and
          1. where any power conferred by paragraph (b), paragraph (c), or paragraph (d) of section 84(1) was exercised in the first instance, any such power.

            Compare
            • 1974 No 72 s 31(2)
            Notes
            • Section 85(1): amended, on , by section 6 of the Family Courts Amendment Act 2000 (2000 No 65).
            • Section 85(1)(a): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
            • Section 85(1)(b): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).