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Oranga Tamariki Act 1989

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

379: Review of decision to grant or renew approval

You could also call this:

"Checking a decision to keep a child in secure care"

Illustration for Oranga Tamariki Act 1989

If a court makes a decision to let a child or young person stay in secure care under section 376 or section 377, you can ask the court to review that decision. You can ask for a review if you are the child or young person, or if you are a lawyer or youth advocate representing them.

The court can review the decision at any time. If you ask for a review, it does not mean you will be let out of secure care right away.

The court can make a new decision after reviewing the case, and they will try to make a decision that is fair.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM154358.

Topics:
Crime and justice > Courts and legal helpFamily and relationships > Children and parenting
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378: Notification of decision of court, or

"The court tells you and others in writing what it decided about your care."

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380: Application for review of detention in secure care, or

"Asking a judge to check if you should be in secure care"

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

379Review of decision to grant or renew approval

  1. Where a court grants an approval under section 376, or grants a renewal of an approval under section 377, or imposes any condition under either of those sections relating to the continued detention of a child or young person in secure care, that court or the High Court may from time to time, on the application of the child or young person to whom the approval or condition relates, or any barrister or solicitor or youth advocate representing that child or young person, review that decision.

  2. The fact that an application for a review is lodged or is pending under this section shall not affect any approval to detain the child or young person in secure care, which approval shall, unless it sooner expires, continue pending the review.

  3. On any review under this section the court may make such order as may be just.