Oranga Tamariki Act 1989

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

381: Notice of application for review of detention in secure care

You could also call this:

"Telling the court you want to review a decision to keep a child in secure care"

Illustration for Oranga Tamariki Act 1989

If you want to ask a court to review a decision to keep a child or young person in secure care, you must tell the manager of the place where they are being kept and anyone else the court says you must tell. You do this by giving them written notice of your application, which is made under section 380. When you give them notice, they have the right to come to court and say what they think about your application.

If someone gets notice of your application, they can come to court and be heard. The court will listen to what they have to say when it makes a decision about your application. This is part of the process when you apply under section 380.

But sometimes the court can make a decision without telling everyone first if it thinks waiting would cause problems. This can happen if the court is satisfied that waiting would cause undue hardship. The court can then review the decision to keep the child or young person in secure care without waiting for everyone to be told.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM154360.


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

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382: Disposal of application for review of detention in secure care, or

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

381Notice of application for review of detention in secure care

  1. Subject to subsection (3), where any application is made under section 380, the person making the application shall give written notice of the application to the manager of the residence in which the child or young person is detained in secure care and to such other persons (if any) as the court directs.

  2. Every person who is given notice of an application under section 380 shall be entitled to appear and be heard on the hearing of the application.

  3. Notwithstanding anything in subsection (1), a review of a decision to place a child or young person in secure care may be made upon an ex parte application if the court is satisfied that the delay that would be caused by proceeding on notice would or might entail undue hardship.

Notes
  • Section 381(1): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).