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Oranga Tamariki Act 1989

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

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

You could also call this:

"What happens when you ask a court to review a child's detention in secure care"

Illustration for Oranga Tamariki Act 1989

If you apply to a court to review the detention of a child or young person in secure care under section 380, the court can make some decisions. The court can order the child or young person to be released from secure care. The court can also refuse your application.

The court can refuse your application and add some conditions to the detention of the child or young person in secure care. When the court is considering your application under section 380, it can look at any information it thinks is relevant. This information can be something someone says or a document, and it does not matter if it would normally be allowed in court or not.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM154362.

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Crime and justice > Courts and legal helpFamily and relationships > Children and parenting
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381: Notice of application for review of detention in secure care, or

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

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383: Review of refusal of application, or

"What to do if a court says no to your application and you want it reviewed"

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

382Disposal of application for review of detention in secure care

  1. On an application under section 380 in respect of the detention of a child or young person in secure care, the court may—

  2. order that the child or young person be released from secure care; or
    1. refuse the application; or
      1. refuse the application and impose such conditions relating to the detention of the child or young person in secure care as the court thinks fit.

        1. In considering an application under section 380, 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.