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New Zealand law explained for everyone

Oranga Tamariki Act 1989

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

383: Review of refusal of application

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

If a court says no to an application under section 380, you can ask the High Court to review that decision. You can do this if you made the application or if you would have been allowed to make the application under section 380(2). The High Court can then make a decision that is fair.

When the High Court reviews the decision, they can make any order they think is just. This means they can make a decision that they believe is right and fair in the situation.

You can also ask for a review if the court says no to an application and also imposes a condition under section 382(1)(c).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM154363.

Topics:
Crime and justice > Courts and legal help
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382: Disposal of application for review of detention in secure care, or

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

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383A: Lapse of authority for detention in secure care, or

"When you can't stay in secure care anymore because the reason is no longer valid"

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

383Review of refusal of application

  1. Where a court refuses an application under section 380, or refuses an application under that section and imposes any condition pursuant to section 382(1)(c), the applicant or any other person who would have been entitled, pursuant to section 380(2), to make that application may apply to the High Court to review that decision.

  2. On any review under this section the High Court may make such order as may be just.