Oranga Tamariki Act 1989

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

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

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

Illustration for Oranga Tamariki Act 1989

When you are at a hearing about an application under section 371, only certain people can be there. You can be there if you are the child or young person, or a parent or guardian of the child or young person. Other people who can be there include near relatives, members of your whanau or family group, and people who had care of you before you were placed in the residence.

The court staff and your lawyer can also be there. A lay advocate can support you or your parents. The manager of the residence where you are staying, or their representative, and the chief executive can be there too. Witnesses and people the Judge allows to support you can also attend.

If the Judge asks, witnesses and support people must leave the courtroom. The Judge can decide who can and cannot be in the courtroom. This does not limit the court's power to hold private hearings or allow other people to be present.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM154343.


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

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

  1. No person shall be present during the hearing of an application under section 371 in respect of a child or young person except—

  2. officers of the court:
    1. the child or young person:
      1. any parent or guardian of the child or young person:
        1. any near relative of the child or young person:
          1. any member of the child's or young person's whanau or family group:
            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 barrister or solicitor representing the child or young person or any parent or guardian of the child or young person:
                1. any lay advocate who appears in support of—
                  1. the child or young person; or
                    1. any parent or guardian of the child or young person:
                    2. the manager of the residence in which the child or young person is detained, or a representative of that manager:
                      1. the chief executive:
                        1. witnesses:
                          1. persons whom the Judge permits to be present as support persons for any person described in paragraphs (b) to (f) on a request by that person:
                            1. any person whom the court permits to be present.
                              1. The Judge must agree to a request under subsection (1)(ka) unless the Judge considers there is a good reason why the named support persons should not be permitted to be present.

                              2. Any witness and any support person whom the Judge permitted to be present under subsection (1)(ka) must, if asked to do so by the Judge, leave the courtroom or other room where the hearing is held.

                              3. Nothing in this section limits any other power of the court—

                              4. to hear the application in private; or
                                1. to permit a McKenzie friend to be present; or
                                  1. to exclude any person from the court.
                                    Notes
                                    • Section 373(1)(i): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
                                    • Section 373(1)(j): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
                                    • Section 373(1)(ka): inserted, on , by section 7(1) of the Children, Young Persons, and Their Families Amendment Act 2008 (2008 No 76).
                                    • Section 373(1A): inserted, on , by section 7(2) of the Children, Young Persons, and Their Families Amendment Act 2008 (2008 No 76).
                                    • Section 373(2): amended, on , by section 7(3) of the Children, Young Persons, and Their Families Amendment Act 2008 (2008 No 76).
                                    • Section 373(3): replaced, on , by section 7(4) of the Children, Young Persons, and Their Families Amendment Act 2008 (2008 No 76).