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Oranga Tamariki Act 1989

Youth justice - Supervision with residence orders

317: When supervision with residence order ceases to have effect

You could also call this:

"When a supervision with residence order ends or stops"

Illustration for Oranga Tamariki Act 1989

If you are under a supervision with residence order, it stops when the time is up or you are released from the chief executive's custody under section 314. You are released from custody when the order's time is up or you are let out earlier. The chief executive is in charge of you when you are under this order.

If the order ends on a non-release day, it actually ends on the day before that. A non-release day is a public holiday or a Saturday or Sunday. It can also be a day between 25 December and 15 January, or a regional anniversary day.

When the order ends or is cancelled under section 316, you go back to the person who was looking after you before the order started. This happens when the order's time is up or it is cancelled.

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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=DLM154018.

Topics:
Crime and justice > Courts and legal help
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Part 4Youth justice
Supervision with residence orders

317When supervision with residence order ceases to have effect

  1. Every order made under section 311(1) shall cease to have effect when the order's period elapses or the young person is sooner released from the custody of the chief executive pursuant to section 314.

  2. If the period of an order made under section 311(1) elapses on a day that is a non-release day, the expiry of the order must for all purposes be treated as occurring instead on the nearest preceding day that is not a non-release day.

  3. Non-release day, in subsection (1A), means a day that is—

  4. Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, or Waitangi Day; or
    1. a day in the period commencing with 25 December in a year and ending with 15 January in the following year; or
      1. in respect of release from a particular place, the anniversary day of the region in which that place is situated.

        1. Where an order made under section 311(1) expires or is cancelled pursuant to section 316, custody of the young person shall revert to the person having custody of the young person immediately before the order was made.

        Compare
        • 1974 No 72 s 49(1)–(7), (9)
        • 1983 No 129 s 13
        Notes
        • Section 317(1): amended, on , by section 7(1) of the Children, Young Persons, and Their Families Amendment Act (No 2) 2013 (2013 No 110).
        • Section 317(1): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
        • Section 317(1A): inserted, on , by section 7(2) of the Children, Young Persons, and Their Families Amendment Act (No 2) 2013 (2013 No 110).
        • Section 317(1B): inserted, on , by section 7(2) of the Children, Young Persons, and Their Families Amendment Act (No 2) 2013 (2013 No 110).
        • Section 317(1B)(a): amended, on , by wehenga 7 o Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022/section 7 of the Te Kāhui o Matariki Public Holiday Act 2022 (2022 No 14).