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Oranga Tamariki Act 1989

Provisions relating to procedure in respect of proceedings under Parts 2 and 3A - Miscellaneous provisions

197: Standard of proof

You could also call this:

"How the court decides what is true in a case under the Oranga Tamariki Act"

Illustration for Oranga Tamariki Act 1989

When you are in court for a case under Part 2 or Part 3A of the Oranga Tamariki Act 1989, the court uses the same standard of proof as it would in a civil case, except if section 198 says otherwise. You can find more information about Part 2 by looking at the Part 2 section and more about Part 3A by looking at the Part 3A section. The court also considers section 198 when deciding the standard of proof.

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Part 3Provisions relating to procedure in respect of proceedings under Parts 2 and 3A
Miscellaneous provisions

197Standard of proof

  1. Subject to section 198, the standard of proof applying in any proceedings under Part 2 or Part 3A shall be the standard of proof applying in civil proceedings.

Notes
  • Section 197: 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).