Oranga Tamariki Act 1989

Provisions relating to procedure in respect of proceedings under Parts 2 and 3A - Attendance of parties at hearing

157: Court may require child or young person to attend hearing

You could also call this:

"Court can ask a child or young person to come to a hearing"

Illustration for Oranga Tamariki Act 1989

If you are involved in a court case about a child or young person, the court might need them to be there. The court can ask the person taking care of the child or young person to make sure they come to the hearing. The court sends a special paper called a summons to tell them to bring the child or young person to court. If the child or young person does not come to the hearing, the court can issue a warrant to bring them to court.

If a warrant is issued, a person like a constable or a social worker can take the child or young person to court. You can read more about who can do this in section 7C. The rules about warrants are explained in section 122 and section 123.

If you get a summons and do not make sure the child or young person comes to court, you can get in trouble and have to pay a fine of up to $1,000.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM151074.


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"The court can hear multiple applications about the same child at the same time to make things easier for them."

Part 3Provisions relating to procedure in respect of proceedings under Parts 2 and 3A
Attendance of parties at hearing

157Court may require child or young person to attend hearing

  1. Where the court considers that the presence of the child or young person in respect of whom any application is made under Part 2 or Part 3A is necessary to enable the court to hear and determine that application, the court may direct the Registrar to issue a summons in a form prescribed by rules of court requiring the person who has custody of the child or young person to ensure that the child or young person is present at the hearing.

  2. In any case where a summons under this section has been served on any person, a Family Court Judge may, if the child or young person in respect of whom the summons is issued does not appear at the hearing when required to do so, issue a warrant authorising the chief executive or any constable or any other person named in the warrant to take possession of that child or young person and bring the child or young person before the court.

  3. The function of executing a warrant issued in the name of the chief executive may be performed by a social worker or any other person authorised under a delegation to carry out that function (see section 7C).

  4. Section 123 shall apply, with all necessary modifications, in relation to every warrant issued under subsection (2) as if every such warrant were a warrant issued under section 122.

  5. Every person commits an offence and is liable on conviction to a fine not exceeding $1,000 who, being required pursuant to a summons issued under this section to ensure that a child or young person appears before the court, fails to take all reasonable steps to ensure that the child or young person so appears.

Compare
  • 1974 No 72 s 27(6)
Notes
  • Section 157(1): amended, on , by section 6 of the Family Courts Amendment Act 2000 (2000 No 65).
  • Section 157(1): amended, on , by section 6 of the Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
  • Section 157(2): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
  • Section 157(2): 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 157(2): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
  • Section 157(2A): inserted, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
  • Section 157(3): amended, on , by section 2(3) of the Children, Young Persons, and Their Families Amendment Act 1996 (1996 No 112).
  • Section 157(4): amended, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).