Oranga Tamariki Act 1989

Miscellaneous provisions - Miscellaneous provisions relating to proceedings under this Act

439: Proceedings not invalid because of mistake as to age

You could also call this:

"Mistakes about your age won't cancel a court case if people had good reasons to think you were a child."

Illustration for Oranga Tamariki Act 1989

If you are involved in a court case and it is found that you are not a child or young person, the case will not be cancelled just because of the mistake about your age. This is if, at the time, there were good reasons to think you were a child or young person. You can ask for the case to be reheard under section 177 of the Criminal Procedure Act 2011. If the case should have been heard in the District Court or the High Court, it will be sent to one of those courts to be reheard.

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Part 10Miscellaneous provisions
Miscellaneous provisions relating to proceedings under this Act

439Proceedings not invalid because of mistake as to age

  1. No conviction or order or direction or other process or proceedings or action taken shall be held invalid by reason only that it related to a person who was not a child or young person if there were, at the time of conviction, order, direction, process, proceedings, or action, reasonable grounds for believing that that person was a child or young person.

  2. Despite subsection (1), on the application of either party, a rehearing of a charge may be granted under section 177 of the Criminal Procedure Act 2011.

  3. For the purposes of this section, section 177 of that Act must be treated as applying in relation to all offence categories.

  4. If the proceedings should have been dealt with in the District Court or the High Court, the proceedings must be remitted to the District Court or the High Court, as the case may require, to be reheard in that court.

Compare
  • 1974 No 72 s 44
Notes
  • Section 439(2): replaced, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
  • Section 439(3): inserted, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
  • Section 439(4): inserted, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
  • Section 439(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).