Plain language law

New Zealand law explained for everyone

Oranga Tamariki Act 1989

Miscellaneous provisions - Miscellaneous provisions relating to proceedings under this Act

440: Proceedings not to be questioned for want of form

You could also call this:

"Mistakes in court paperwork don't usually stop a case from happening"

Illustration for Oranga Tamariki Act 1989

If you are involved in a court case under the Oranga Tamariki Act 1989, you might be wondering if a mistake in the paperwork can affect the outcome. The court will not throw out a case just because of a small mistake in the paperwork, unless the court thinks the mistake was so big that it was not a fair trial. You can find more information about changes to this law in the Children, Young Persons, and Their Families Amendment Act (No 2) 2011.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM155056.

Topics:
Crime and justice > Courts and legal help
Previous

439: Proceedings not invalid because of mistake as to age, or

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

Next

441: Court may determine age of child or young person in absence of evidence, or

"Court can decide a child's age if it's not known"

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

440Proceedings not to be questioned for want of form

  1. No charging document, summons, conviction, order, sentence, bond, warrant, or other document under this Act, and no application, proceedings, or process under this Act, shall be quashed, set aside, or held invalid by any court by reason only of any defect, irregularity, omission or want of form unless the court is satisfied that there has been a miscarriage of justice.

Compare
  • 1974 No 72 s 45
Notes
  • Section 440: amended, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).