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Oranga Tamariki Act 1989

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

204: Rehearings

You could also call this:

"Asking the court to look at your case again"

Illustration for Oranga Tamariki Act 1989

If you were part of a court case under Part 2 or Part 3A of the Oranga Tamariki Act, you can ask the court to look at the case again. The court can decide to do this if you, or someone else who was part of the case, or the lawyer for the child or young person, asks them to. The court can set conditions for looking at the case again. You will be told how to give notice of the rehearing.

When you ask for the court to look at the case again, it does not mean everything stops unless the court says so. If the court decides to look at the case again, the original decision still applies unless the court says otherwise. The court will tell you who to notify and how to do it.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM151664.

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

204Rehearings

  1. Where a declaration or an order has been made or refused on an application under Part 2 or Part 3A, the court may, on the application of the applicant or any other person who was a party to the proceedings or the barrister or solicitor representing the child or young person to whom the proceedings relate, grant a rehearing of the application on such conditions as it thinks fit.

  2. Notice of any such rehearing shall be given to such persons and in such manner as the court directs.

  3. An application for a rehearing under this section shall not operate as a stay of proceedings unless the court so orders.

  4. If the court grants an application for a rehearing, the declaration or order shall continue to have effect unless the court orders otherwise.

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Notes
  • Section 204(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).