Oranga Tamariki Act 1989

Appeals - Appeals from decisions of Youth Court

354: Appeal on a point of law only

You could also call this:

"Challenging a Youth Court decision because of a law mistake"

Illustration for Oranga Tamariki Act 1989

If you are allowed to appeal under section 351, section 352, or section 353, you can appeal to the High Court about a decision made by the Youth Court. You can only appeal if you think the Youth Court made a mistake about the law. The prosecutor can also appeal to the High Court if they think the Youth Court made a mistake about the law. You can appeal about a finding, sentence, or order made by the Youth Court, but only on a question of law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM154096.


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353: Appeal by persons other than young person dealt with in Youth Court, or

"Appealing a Youth Court decision if you're not a young person"


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355: Application of Part 6 of Criminal Procedure Act 2011, or

"Rules for appealing Youth Court decisions"

Part 6Appeals
Appeals from decisions of Youth Court

354Appeal on a point of law only

  1. Any person entitled to appeal under section 351 or section 352 or section 353 against any finding, sentence, or order of the Youth Court, may appeal against the finding, sentence, or order as being erroneous in point of law to the High Court on a question of law only.

  2. The prosecutor in any proceedings before the Youth Court may appeal against any finding, sentence, or order made in those proceedings as being erroneous in point of law to the High Court on a question of law only.

Compare
  • 1974 No 72 s 56
Notes
  • Section 354(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 354(1): amended, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
  • Section 354(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 354(2): amended, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).