Oranga Tamariki Act 1989

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

376: Court may authorise continued detention in secure care

You could also call this:

"Court can decide to keep you in secure care for your safety"

Illustration for Oranga Tamariki Act 1989

If you are in secure care, a court can decide to keep you there. The court makes this decision if it thinks it is necessary to keep you safe. The court looks at information to make this decision.

When the court decides to keep you in secure care, it writes down why it made this decision. The court can also set conditions for your care. This decision is usually valid for 14 days, but it can be shorter or longer in some cases.

If you are in custody because of a crime, the court can keep you in secure care for up to 28 days. This happens if the court thinks it is in the public interest to keep you there for a longer time. You can find more information about this in section 371 and section 368. The court also looks at section 173(2), 174(1), or 175(1A) or (2) of the Criminal Procedure Act 2011.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM154347.


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

376Court may authorise continued detention in secure care

  1. If, on an application under section 371 in respect of a child or young person, the court is satisfied that it is necessary, on either or both of the grounds specified in section 368, to detain the child or young person in secure care, the court may grant an approval authorising the continued detention of the child or young person in secure care.

  2. In considering an application under section 371, the court may take into account any oral or documentary material that the court considers relevant, whether or not it would be admissible in a court of law.

  3. On granting an approval under subsection (1), the court—

  4. shall record in writing the reasons for granting the approval; and
    1. may impose such conditions relating to the continued detention of the child or young person in secure care as the court thinks fit.
      1. Subject to subsection (5), an approval granted under subsection (1) shall be valid for a period of 14 days commencing on the day on which it is granted, or such shorter period as the court may specify.

      2. Notwithstanding subsection (4), where an application under section 371 relates to a child or young person who is remanded, by the High Court or the District Court, in the custody of the chief executive pursuant to section 173(2), 174(1), or 175(1A) or (2) of the Criminal Procedure Act 2011, the court may grant an approval under subsection (1) for such period (being more than 14 days but not more than 28 days) as the court shall specify, in any case where the court is satisfied that, because of the length of time for which the child or young person is likely to be detained in the chief executive's custody, the public interest so requires. Any approval so granted shall be valid for the specified period commencing on the day on which it is granted.

      Notes
      • Section 376(4): amended, on , by section 42(1) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
      • Section 376(5): inserted, on , by section 42(2) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
      • Section 376(5): amended, on , by section 15 of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
      • Section 376(5): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 376(5): amended, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
      • Section 376(5): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).