Oranga Tamariki Act 1989

Children and young persons in care of chief executive or other persons or bodies - Secure care

371: Application for approval for continued detention in secure care

You could also call this:

"Asking the court to keep you in secure care for longer"

Illustration for Oranga Tamariki Act 1989

If you are in secure care because of a decision made under section 367, the chief executive can ask the Family Court, the Youth Court, or the District Court to let you stay in secure care for longer. The chief executive must tell you, your parents or guardians, the person who was looking after you before you went into secure care, and anyone else the court says, that they are making this application. If the chief executive cannot tell one of these people about the application, the court can decide not to require them to give notice to that person.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM154339.


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370: Time limits on detention in secure care, or

"How long you can be kept in secure care"


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372: Registrar may authorise continued detention in secure care until application is determined, or

"The Registrar can keep you in a safe place until a decision is made about you."

Part 7Children and young persons in care of chief executive or other persons or bodies
Secure care

371Application for approval for continued detention in secure care

  1. Where a child or young person is placed in secure care pursuant to section 367, the chief executive may apply to the Family Court or the Youth Court or, where it is not practicable to apply to the Family Court or the Youth Court, to the District Court for approval for the continued detention of that child or young person in secure care.

  2. Where any application is made under subsection (1), the chief executive shall give written notice of the application to the following persons:

  3. the child or young person in respect of whom the application is made:
    1. each parent or guardian of the child or young person:
      1. any person who had the care of the child or young person immediately before the child or young person was placed in the residence:
        1. any other person specified by the court.
          1. Where notice of an application cannot be given to any person to whom paragraph (b) or paragraph (c) of subsection (2) applies, the court may, on such terms and conditions as it thinks fit, dispense with the giving of notice to that person.

          Notes
          • Section 371(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 371(1): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
          • Section 371(2): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).