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Oranga Tamariki Act 1989

Appeals - Appeals from decisions of Youth Court

355: Application of Part 6 of Criminal Procedure Act 2011

You could also call this:

"Rules for appealing Youth Court decisions"

Illustration for Oranga Tamariki Act 1989

When you appeal a decision made by the Youth Court, some rules from the Criminal Procedure Act 2011 apply. These rules are about appealing against a conviction and sentence, or appealing on questions of law. You can appeal under sections 351, 352, or 353 of the Oranga Tamariki Act 1989.

When these rules from the Criminal Procedure Act 2011 are used, you have to read them as if they were talking about the Youth Court, not the District Court. This means that when the rules mention a District Court Judge, you should think of a Youth Court Judge instead. The rules also apply when you appeal on questions of law under section 354 of the Oranga Tamariki Act 1989.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM154097.

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Part 6Appeals
Appeals from decisions of Youth Court

355Application of Part 6 of Criminal Procedure Act 2011

  1. The provisions of Part 6 of the Criminal Procedure Act 2011,—

  2. so far as they relate to appeals against conviction and sentence, apply as far as applicable with the necessary modifications to every appeal under section 351, 352, or 353 of this Act:
    1. so far as they relate to appeals on questions of law only, apply as far as applicable with the necessary modifications to every appeal under section 354 of this Act.

      1. Subsection (1) is subject to this Part.

      2. In the application of the provisions of Part 6 of that Act, those provisions must be read as if—

      3. references to the District Court were references to the Youth Court; and
          1. references to a District Court Judge or Justice or Justices or Community Magistrate or Community Magistrates were references to a Youth Court Judge exercising jurisdiction in the Youth Court.

            Notes
            • Section 355: replaced, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
            • Section 355(3)(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
            • Section 355(3)(b): repealed, on , by section 261 of the District Court Act 2016 (2016 No 49).
            • Section 355(3)(c): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).