Oranga Tamariki Act 1989

Miscellaneous provisions - Youth Court

435A: Stationing of Judges and sittings of courts

You could also call this:

"Where and when Youth Court Judges work"

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Youth Court Judges are stationed in certain towns and sit in specific courts. The Principal Youth Court Judge decides where each Judge will be stationed and which court they will sit in. If a Judge sits in a particular court, it means they have the authority to do so.

The Youth Court holds sittings to deal with its business on days and times chosen by the Judge in charge. However, the Principal Youth Court Judge must approve the days for regular sittings. When making decisions about this, the Principal Youth Court Judge must talk to the Chief District Court Judge.

This section is also subject to section 24 of the District Court Act 2016.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM155049.


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Part 10Miscellaneous provisions
Youth Court

435AStationing of Judges and sittings of courts

  1. Each Youth Court Judge must be stationed in the town, and must sit in the court, that may from time to time be determined by the Principal Youth Court Judge.

  2. Despite subsection (1), the fact that a Youth Court Judge sits in any particular court is conclusive evidence of the Judge's authority to do so, and no exercise of any jurisdiction or power by a Youth Court Judge may be questioned on the ground that the Judge was not stationed in the town or authorised to sit in the court where the Judge exercised the jurisdiction or power.

  3. Sittings of the Youth Court for the dispatch of its business must be held on the days and times that may be appointed by the Judge exercising the jurisdiction of the court at the place at which the sittings are held.

  4. However, the days appointed for regular sittings of the Youth Court are subject to the approval of the Principal Youth Court Judge.

  5. When exercising powers under this section, the Principal Youth Court Judge must consult with the Chief District Court Judge.

  6. This section is subject to section 24 of the District Court Act 2016.

Notes
  • Section 435A: inserted, on , by section 5 of the Children, Young Persons, and Their Families Amendment Act 2004 (2004 No 39).
  • Section 435A(2): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
  • Section 435A(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 435A(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 435A(5): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
  • Section 435A(6): replaced, on , by section 261 of the District Court Act 2016 (2016 No 49).