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Oranga Tamariki Act 1989

Youth justice - Supervision with residence orders

316: Court may cancel supervision with residence order if young person absconds or fails to comply with order

You could also call this:

"The court can stop an order to live with a caregiver if you run away or break the rules."

Illustration for Oranga Tamariki Act 1989

The Youth Court can cancel an order that says you have to live with a caregiver if you run away or do not follow the rules. This can happen if the court thinks you have not done what you were supposed to do while you were living with the caregiver. The court makes this decision after the chief executive asks them to.

If the court cancels the order, they will also cancel another order that was made with it, which is explained in section 311(2A). The court can then make a new order that they think is best for you. This new order could be something they could have chosen when they first made the order for you to live with a caregiver.

When the chief executive asks the court to cancel the order, they have to tell you and your lawyer or youth advocate about it. You and your lawyer or youth advocate have the right to go to the court hearing and say what you think. The court has to follow the rules and make a decision that is the least restrictive for you, as explained in section 289(3).

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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=DLM154016.

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Part 4Youth justice
Supervision with residence orders

316Court may cancel supervision with residence order if young person absconds or fails to comply with order

  1. The Youth Court may, on the application of the chief executive, cancel an order made under section 311 placing a young person in the custody of the chief executive if the court is satisfied that the young person has, at any time while that order is in force, absconded from the custody of the chief executive.

  2. The Youth Court may, on the application of the chief executive, cancel an order made under section 311 placing a young person aged 17 years in the custody of the chief executive, if the court is satisfied that the young person’s behaviour and compliance with any obligations placed on them by the order have been unsatisfactory to a more than minor extent.

  3. Where the court cancels a supervision with residence order under subsection (1) or (1A),—

  4. the court shall at the same time cancel the order required to be made under section 311(2A) in conjunction with that order:
    1. the court may substitute, in relation to the young person in respect of whom the order was made, any other order that it could have made at the time when the order was made.

      1. Every application under this section shall be served on the young person to whom the supervision with residence order relates, and on the barrister or solicitor or youth advocate representing that young person, and those persons shall be entitled to appear and be heard at the hearing of the application.

      2. Subsection (2) is subject to section 289(3) (on the court imposing the least restrictive outcome that is adequate in the circumstances).

      Notes
      • Section 316 heading: amended, on , by section 121(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
      • Section 316(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 316(1): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
      • Section 316(1A): inserted, on , by section 121(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
      • Section 316(2): amended, on , by section 121(3) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
      • Section 316(2)(a): amended, on , by section 39(1) of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).
      • Section 316(4): inserted, on , by section 39(2) of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).