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Oranga Tamariki Act 1989

Miscellaneous provisions - Youth Court

436: District Court Judge may exercise jurisdiction in absence of Youth Court Judge

You could also call this:

"A District Court Judge can make decisions in the Youth Court if the Youth Court Judge is not available."

Illustration for Oranga Tamariki Act 1989

If a Youth Court Judge is not available, a District Court Judge can take their place. You can think of a District Court Judge as a substitute teacher who can help when the regular teacher is away. This means the District Court Judge has the authority to make decisions in the Youth Court.

When a District Court Judge is acting as a Youth Court Judge, their decisions are final and cannot be questioned later. This is because the law says that the District Court Judge has the power to make those decisions. The District Court Judge's actions are valid, even if someone thinks they should not have been making decisions in the Youth Court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM155051.

Topics:
Crime and justice > Courts and legal help
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Part 10Miscellaneous provisions
Youth Court

436District Court Judge may exercise jurisdiction in absence of Youth Court Judge

  1. In the case of the absence from any court of any Youth Court Judge (from whatever cause the absence may arise), or in any case where no District Court Judge has been designated as a Youth Court Judge to exercise jurisdiction in the Youth Court, any District Court Judge may exercise jurisdiction in that court.

  2. The fact that a District Court Judge exercises jurisdiction in the Youth Court under this section shall be conclusive evidence of the authority of that District Court Judge to do so, and no act done by that District Court Judge while acting as such shall, in any proceedings, be questioned on the ground that the occasion for so acting had not arisen or had ceased.

Notes
  • Section 436(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 436(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).