Oranga Tamariki Act 1989

Appeals - Appeals from decisions of Youth Court

358: Presence of young person at hearing of appeal

You could also call this:

"When can you be at a court hearing about an appeal that affects you?"

Illustration for Oranga Tamariki Act 1989

If you are a young person and someone is appealing a decision made about you under the Oranga Tamariki Act 1989, you might be allowed to be at the appeal hearing. You can be present at the hearing unless the High Court or a Judge says you cannot be there. This is the case if the appeal is about an order under section 283 of the Act.

If the appeal is only about a point of law and it is about an order under section 283(n), you will not be allowed to be at the hearing unless the High Court or a Judge says you can be there. The person looking after you can take you to the High Court for the hearing if you are allowed to be there. The High Court or a Judge can also order that you must be at the hearing.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM154302.


Previous

357: Application of section 329 to hearing of appeal, or

"How the High Court uses special rules when you appeal a Youth Court decision"


Next

359: Presence of parents at hearing of appeal from decisions of Youth Court, or

"When a Youth Court decision is appealed, parents or guardians might have to go to the High Court hearing."

Part 6Appeals
Appeals from decisions of Youth Court

358Presence of young person at hearing of appeal

  1. On the hearing of any appeal relating to an order under paragraph (k) or paragraph (l) or paragraph (m) or paragraph (n) of section 283 (not being an appeal on a point of law only), the young person, if the young person is then, pursuant to that order, under the supervision of the chief executive or any other person or organisation, or, as the case may be, is in the custody of the chief executive, shall be entitled to be present unless the High Court or a Judge of that court otherwise directs.

  2. On the hearing of any appeal relating to an order made under section 283(n) (being an appeal on a point of law only), the young person, if the young person is then in the custody of the chief executive, shall not be entitled to be present except with the leave of the High Court or a Judge of that court.

  3. Where under this section a young person is entitled to be present in the High Court on the hearing of any appeal, the person having custody of that young person may, without further authority than this subsection, cause that young person to be taken to the High Court for the hearing.

  4. Where any appeal relating to a young person is made under this Part, the High Court or a Judge of that court may order that the young person shall be present at the hearing.

Compare
  • 1974 No 72 s 60
Notes
  • Section 358(1): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
  • Section 358(2): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).