Oranga Tamariki Act 1989

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

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

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

If you are a child or young person and someone makes an application about you under section 371(1), the Registrar of the court can make an order to keep you in secure care. This order can be made if the chief executive asks the Registrar to do so. The Registrar can only make this order if they think it is necessary to keep you safe.

The order to keep you in secure care will last until the application about you is finally decided, or for three days, whichever happens first. If someone makes an order to keep you in secure care, you or someone else can ask for this order to be cancelled at any time. The Registrar will not make an order to keep you in secure care unless they are satisfied it is necessary, based on the grounds specified in section 368.

If the Registrar makes an order, the rules in section 378 and section 379 will also apply to you. These rules are like the rules that apply when a court makes a decision about you under section 371 or grants an approval under section 376. You can find more information about these rules in the relevant sections of the Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM154341.


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371: Application for approval for continued detention in secure care, or

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


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373: Persons entitled to be present at hearing of application under section 371, or

"Who can be at a court hearing about you under section 371 of the Oranga Tamariki Act"

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

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

  1. Where an application is made under section 371(1) in respect of a child or young person, the Registrar of the court in which that application is filed may, on the ex parte application of the chief executive, make an order authorising the continued detention of that child or young person in secure care.

  2. An order made under subsection (1) in respect of a child or young person shall, notwithstanding anything in section 370, be sufficient authority to detain that child or young person in secure care until—

  3. the application made under section 371(1) in respect of that child or young person is finally determined; or
    1. the expiry of the period of 3 days commencing on the date on which that application is made—
      1. whichever first occurs.

      2. A Registrar shall not make an order under subsection (1) in respect of a child or young person unless that Registrar is satisfied that it is necessary, on either or both of the grounds specified in section 368, to detain that child or young person in secure care pending the determination of an application under section 371(1).

      3. Where an order is made under subsection (1), any person affected by that order may apply at any time for the discharge of that order.

      4. The provisions of section 378 shall apply, with all necessary modifications, with respect to every order made under subsection (1) as if such an order were the decision of a court on an application made under section 371.

      5. The provisions of section 379 shall apply, with all necessary modifications, with respect to every order made under subsection (1) as if such an order were an approval granted by a court under section 376.

      Notes
      • Section 372(1): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).