Oranga Tamariki Act 1989

Youth justice - Custody of child or young person following arrest or pending hearing

243: Other powers to grant bail not affected

You could also call this:

"The court can still let you out on bail even if you're a child or young person who's been arrested."

Illustration for Oranga Tamariki Act 1989

If you are a child or young person who has been arrested, the court can still decide to grant you bail. This is because section 238 does not limit the powers of the High Court or other laws that allow bail. When you are a child or young person, except if you are charged with murder or manslaughter, the Youth Court makes the decision about bail, not the District Court.

If you want to know more about this, you can look at section 238 which has more information about bail for children and young people. The rules about bail are also in other laws, and these laws still apply to you. The court will follow these laws when deciding whether to grant you bail.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM152965.


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242: Order under section 238 sufficient authority for detention of child or young person, or

"A court order is enough to keep you in a safe place if you're a child or young person."


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244: Immigration Act 2009 (other than sections 342 to 354) not affected, or

"The Oranga Tamariki Act doesn't change most of the Immigration Act 2009 rules."

Part 4Youth justice
Custody of child or young person following arrest or pending hearing

243Other powers to grant bail not affected

  1. Nothing in section 238 limits the inherent jurisdiction of the High Court or the provisions of any Act under which a child or young person may be granted bail, except that any powers conferred by any such provisions on the District Court shall, where the person charged is a child or young person (other than one charged with murder or manslaughter), be exercised by the Youth Court.

Compare
  • 1974 No 72 s 43(11)
  • 1982 No 135 s 10
Notes
  • Section 243: amended, on , by section 261 of the District Court Act 2016 (2016 No 49).