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Oranga Tamariki Act 1989

Care and protection of children and young persons - Plans for children and young persons

132: Access to plans

You could also call this:

"Getting a copy of your care plan before a court hearing"

Illustration for Oranga Tamariki Act 1989

When a plan is made for you, the court will give a copy of the plan to certain people. You will get a copy if you are allowed to speak at the court hearing about your plan. The court will also give a copy to people like your lawyer, a lay advocate, or someone who takes care of you.

The court will give a copy to the chief executive and to anyone else the court thinks should get one. The court will try to give you the copy at least 5 working days before the court hearing. This is so you can look at the plan before you go to court, as stated in section 128 and considering section 133.

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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=DLM151009.

Topics:
Crime and justice > Courts and legal helpFamily and relationships > Children and parenting
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131: Adjournment for purposes of obtaining plan, or

"The court can delay a case for up to 28 days so a plan can be made."

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133: Court may order plan not to be disclosed, or

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Part 2Care and protection of children and young persons
Plans for children and young persons

132Access to plans

  1. Subject to section 133, a copy of every plan furnished to the court pursuant to section 128 shall be given by the Registrar of the court—

  2. to every person entitled to appear and be heard on the application to which the plan relates and to any barrister or solicitor appearing for that person:
    1. to any lay advocate, barrister or solicitor, or other person representing the child or young person to whom the application relates or a parent or guardian or other person usually having the care of the child or young person:
      1. to the chief executive:
        1. to any other person whom the court considers has a proper interest in receiving a copy of the plan.

          1. Every such copy shall, wherever possible, be supplied not later than 5 working days before the sitting of the court.

          Notes
          • Section 132(1)(c): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
          • Section 132(2): amended, on , by section 74 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).