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Oranga Tamariki Act 1989

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

174: Power of presiding Judge to make consent orders

You could also call this:

"The Judge can make a decision that everyone agrees on at a meeting to resolve issues."

Illustration for Oranga Tamariki Act 1989

At a mediation conference, the presiding Judge can make a decision that everyone agrees on. You can think of a mediation conference like a meeting where people try to resolve their issues with the help of a Judge. The Judge can make a decision that could have been made in a court case, but only if everyone involved agrees to it.

The Judge needs to make sure that everyone who needs to agree to the decision actually does agree. If someone who is not part of the court case needs to agree to the decision, the Judge cannot make it unless that person says it is okay.

When the Judge makes a decision that everyone agrees on, it has the same effect as if it were made in a court case. You can see how this part of the law is similar to a law from 1988, which you can read about in section 70.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM151609.

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

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

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175: Power to require attendance at mediation conference, or

"The court can make you attend a meeting to sort out a problem if you don't go voluntarily."

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

174Power of presiding Judge to make consent orders

  1. Subject to subsection (2), at a mediation conference the presiding Judge may, by consent of the parties, make any declaration or order that could have been made by the court in the proceedings in respect of which the conference was held.

  2. Where the making of any order under this Act requires the consent of any person who is not a party to the proceedings, the presiding Judge shall not make that order under subsection (1) unless that person gives that consent.

  3. An order made under this section shall for all purposes have the same effect as if it were made by consent in proceedings before the court.

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