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Oranga Tamariki Act 1989

Appeals - Appeals from decisions of Youth Court

356: Effect of notice of appeal on certain orders

You could also call this:

"What happens to a Youth Court decision when you appeal it"

Illustration for Oranga Tamariki Act 1989

If you appeal a decision made by the Youth Court under certain parts of section 283, the decision still applies until the appeal is finished. You can ask the Youth Court Judge to stop the decision from applying while you wait for the appeal to be heard. The Youth Court Judge can decide to suspend the decision if you ask them to. If they do, they will tell the principal manager of the department for the area where the court is.

If the Youth Court Judge decides to suspend the decision, the time period for the decision will stop from the date they make that decision. You will be told about any applications or directions made by the Youth Court Judge. The Registrar will send a notice to the principal manager of the department for the area where the court is.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM154099.

Topics:
Crime and justice > Courts and legal help
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Part 6Appeals
Appeals from decisions of Youth Court

356Effect of notice of appeal on certain orders

  1. The operation of any order made by the Youth Court under paragraph (k) or paragraph (l) or paragraph (m) or paragraph (n) of section 283 shall not be affected by the filing of a notice of appeal relating to the order, unless the Youth Court Judge who presided over the court making the order or, if that Youth Court Judge is not available, some other Youth Court Judge exercising jurisdiction in the Youth Court, on application by the appellant, directs that the operation of the order shall be suspended pending the determination of the appeal.

  2. Notice of any application or direction under subsection (1) shall be given by the Registrar to the principal manager of the department for the area in which the court is situated.

  3. Where a direction is given under subsection (1) in respect of any order, the period of the order shall cease to run from the date of the direction.

Notes
  • Section 356(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 356(2): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
  • Section 356(3): amended, on , by section 8 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2013 (2013 No 110).