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Oranga Tamariki Act 1989

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

377: Renewal of approval for continued detention in secure care

You could also call this:

"When can you be kept in secure care for a longer time?"

Illustration for Oranga Tamariki Act 1989

If you are in secure care, the court can decide to keep you there for longer. The person in charge of Oranga Tamariki can ask the court to do this at any time before the current approval expires. You can find more information about this in section 376(1).

The court will only agree to keep you in secure care if the reasons you were put there in the first place still exist. This means the court has to be satisfied that things have not changed since the original decision was made. The court will follow similar rules to when you were first put in secure care, as outlined in section 371 and sections 373 to 376.

If the person in charge of Oranga Tamariki asks the court to keep you in secure care before the current approval expires, you will stay there until the court makes a decision. This is also the case if the court takes more than three days to make a decision after the current approval expires, as explained in section 376. The rules about how long you can stay in secure care are similar to the rules for when you were first put there, as outlined in section 376.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM154352.

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

377Renewal of approval for continued detention in secure care

  1. The court may from time to time grant a renewal of an approval granted under section 376(1) upon application made by the chief executive at any time before the approval (or any current renewal of that approval) has expired.

  2. A renewal of an approval granted under section 376(1) may be granted under this section if the court is satisfied that the ground on which the approval was granted still obtains.

  3. The provisions of section 371 and sections 373 to 376 shall apply with all necessary modifications with respect to an application for the renewal of an approval granted under section 376 as if it were an application under section 371.

  4. Where an application for the renewal of an approval is duly made before the expiration of the approval (or of any current renewal of the approval), the approval shall, notwithstanding the expiration of the period for which the approval was granted or last renewed, continue in force until—

  5. the application is determined; or
    1. the expiration of the period of 3 days commencing on the date on which the approval would otherwise have expired pursuant to section 376,—
        1. whichever first occurs.

      1. Subsections (4) and (5) of section 376 shall apply with all necessary modifications with respect to the duration of the validity of a renewal granted under subsection (1) as if that renewal were an approval granted under subsection (1) of that section.

      Notes
      • Section 377(1): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
      • Section 377(5): replaced, on , by section 43 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).