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Oranga Tamariki Act 1989

Provisions relating to procedure in respect of proceedings under Parts 2 and 3A - Mediation conferences

173: Presiding Judge to make record of proceedings at mediation conference

You could also call this:

"The judge writes down what you agree on at a mediation meeting."

Illustration for Oranga Tamariki Act 1989

When you are at a mediation conference, the judge in charge will write down what you agree on. If you and the other people at the conference agree on what the problem is and how to solve it, the judge will record what you have agreed on. The judge will write this down so everyone knows what was decided.

If you do not agree on everything, the judge will still write down what you do agree on and what you do not agree on. The judge needs to say in the record if the child or young person who the conference is about was there or not. The judge also needs to say if that child or young person agreed to any of the things that were decided.

The record the judge makes will be filed at the court where the application was made, you can see related information in the Oranga Tamariki Act 1989 comparison. This means the court will have a copy of what was agreed on or not agreed on at the conference. The judge's record is an important part of the court process.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM151608.

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172: Procedure at mediation conference, or

"What happens at a mediation meeting to help sort out a problem"

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Part 3Provisions relating to procedure in respect of proceedings under Parts 2 and 3A
Mediation conferences

173Presiding Judge to make record of proceedings at mediation conference

  1. Where, at a mediation conference, the parties to the proceedings in respect of which the conference is held reach agreement on the nature of the problem in respect of which the exercise of the court's jurisdiction is sought, and on the solution for that problem, the presiding Judge shall record in writing the terms of the agreement.

  2. Where agreement is not reached on all matters, the presiding Judge shall record in writing those matters on which there is agreement and those matters on which there is no agreement.

  3. In every case, the presiding Judge shall state in the record whether or not—

  4. the child or young person who is the subject of the proceedings in respect of which the conference is held was present; and
    1. that child or young person agreed to any matter referred to in subsection (1) or subsection (2) on which the parties reached agreement.

      1. The record made by the presiding Judge under subsection (1) or subsection (2) shall be filed in the court in which the relevant application is filed.

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