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Oranga Tamariki Act 1989

Appeals - Appeals from decisions of Youth Court

351: Appeals from decisions of Youth Court by young person

You could also call this:

"A young person can appeal to the High Court if they disagree with a Youth Court decision."

Illustration for Oranga Tamariki Act 1989

If you are a young person and the Youth Court finds you have committed an offence, you can appeal to the High Court. You can appeal against the court's finding, any order the court makes because of that finding, or both. The order can include things like changing or replacing an earlier order the court made.

You cannot appeal until the Youth Court has dealt with you under section 283. But if the court does not deal with you within one month of finding you committed the offence, you can still appeal against the finding.

If you have not been dealt with by the court under section 283 within one month and you have not appealed, you can still appeal to the High Court after the court makes any order or imposes any sentence on you.

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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=DLM154093.

Topics:
Crime and justice > Courts and legal help
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"High Court decisions are sent to the person in charge of Oranga Tamariki."

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352: Appeal by parents or guardians or other persons having care of young person, or

"When parents or guardians disagree with a Youth Court decision about a young person, they can appeal to the High Court."

Part 6Appeals
Appeals from decisions of Youth Court

351Appeals from decisions of Youth Court by young person

  1. Every young person who has been found by the Youth Court to have committed an offence may appeal to the High Court against—

  2. the finding of the court:
    1. any order made by the court based on that finding:
      1. both the finding of the court and any order made based on that finding.

        1. For the purposes of subsection (1), an order made by the court based on that finding includes, without limitation, an order varying, or made in substitution for, an earlier order made by the court based on that finding.

        2. A young person may not appeal against a finding of the court until the young person has been dealt with by the court under section 283.

        3. Nothing in subsection (2) shall prevent a young person who has not been dealt with by the court under section 283 within 1 month after the date of the finding of the court from appealing against the finding of the court.

        4. In any case where a young person has not been dealt with by the court under section 283 within 1 month after the date of the finding of the court and has not appealed to the High Court under subsection (3), the young person may appeal to the High Court in accordance with subsection (1) after the court has made any order or imposed any sentence on the young person.

        Compare
        • 1974 No 72 s 53(1), (2)
        • 1980 No 87 s 2
        Notes
        • Section 351(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
        • Section 351(1A): inserted, on , by section 47 of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).