Oranga Tamariki Act 1989

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

134: Court to set date for review of plan

You could also call this:

"The court picks a date to check if a plan made for you is working."

Illustration for Oranga Tamariki Act 1989

When a court makes a plan for you, it must set a date to review the plan. The court will choose a date that is not too far away, depending on how old you are. If you are under 7 years old, the review will be within 6 months, and for others, it will be within 12 months.

The court will make sure the review date is before any orders made for you expire. When the court sets the review date, it can also decide who will review the plan, as stated in section 135. If the court does not choose someone, the person who made the plan will review it.

The court can change its decision about who reviews the plan at any time, and it can do this if someone asks or if it decides to on its own. You can ask the court to change its decision, or your lawyer can ask for you. The court can also change its decision if it thinks that is best for you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM151012.


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"Court can keep some information secret to protect people's well-being"


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135: Review of plan, or

"Checking and updating your care plan to make sure it's working for you"

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

134Court to set date for review of plan

  1. Where a plan is prepared pursuant to section 128 in respect of any child or young person, the court shall, on making any of the orders referred to in subsection (2) of that section in respect of that child or young person, fix a date by which a review of that plan is to be carried out.

  2. The date fixed pursuant to subsection (1) on the making of an order shall be,—

  3. where the order is made in respect of a child under the age of 7 years, not later than 6 months from the date of the making of the order:
    1. in any other case, not later than 12 months from the date of the making of the order.
      1. The court shall not fix a date pursuant to subsection (1) that is later than the date on which any order made, or proposed to be made, pursuant to this Part in respect of the child or young person is to expire.

      2. On fixing a date pursuant to subsection (1), the court may also direct who is to review the plan pursuant to section 135. If the court does not make such a direction, the person who prepared the plan shall be deemed to have been directed pursuant to this subsection to review the plan.

      3. The court may at any time, on the application of any party to the proceedings, or a barrister or solicitor representing the child or young person, or of its own motion, amend any direction made or deemed to have been made under subsection (4), or revoke any such direction and substitute another direction.

      Notes
      • Section 134(2)(a): amended, on , by section 6(1)(c) of the Children, Young Persons, and Their Families Amendment Act 1989 (1989 No 70).
      • Section 134(4): inserted, on , by section 22(1) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
      • Section 134(5): inserted, on , by section 22(1) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).