Oranga Tamariki Act 1989

Youth justice - Disposal of proceedings in Youth Court

295: Recall to come before court

You could also call this:

"The court can ask you to come back to court at any time to check on an order."

Illustration for Oranga Tamariki Act 1989

If the court makes a certain order under section 283(c), it can ask you to come to court at any time while the order is in place. The court can do this if the chief executive or a constable asks them to. You will get a summons to appear in court, and it will be in a special form that the court rules say it has to be in.

When you go to court after getting a summons, the court can think about what has happened since the order was made and use any of the powers it has under section 283. But there are some limits on what the court can do. If you do not go to court when you are supposed to, a judge can order a warrant to arrest you and bring you to court.

If a warrant is issued, the police can arrest you and take you to court. This can happen if you do not respond to a summons that was sent to you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM153471.


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294: Demerit points, or

"Getting demerit points on your licence when you break the law as a young person"


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"When court orders about your care end as you get older"

Part 4Youth justice
Disposal of proceedings in Youth Court

295Recall to come before court

  1. Where the court makes an order under section 283(c), the court may, at any time during the duration of the order, direct, on the application of the chief executive or a constable, the issue to the young person in respect of whom the order was made of a summons, in a form prescribed by rules of court, to appear before the court.

  2. Where a young person appears before the court on a summons issued under subsection (1), the court may consider the matter and after taking into account such factors as may be relevant since the making of the order, exercise any of the powers conferred on it under section 283, except that,—

  3. where any power conferred by paragraph (d), paragraph (e), paragraph (f), paragraph (g) or paragraph (h) of that section was exercised in the first instance, the powers so exercised shall not be exercised again; and
    1. where the court makes a further order under paragraph (c) of that section, the court shall not, if the young person appears before the court on a summons issued under subsection (1) of this section in relation to that further order, make any further order under that paragraph.
      1. In any case where a young person does not appear in answer to a summons that has been served under this section, a Youth Court Judge or District Court Judge may direct the issue of a warrant to arrest that young person and bring that young person before the court.

      Compare
      • 1974 No 72 s 36(3)
      Notes
      • Section 295(1): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
      • Section 295(1): amended, on , by section 6 of the Family Courts Amendment Act 2000 (2000 No 65).