Oranga Tamariki Act 1989

Youth justice - Failure to comply with, and variation and cancellation of, specified orders

296C: Warrant to have young person arrested and brought before court

You could also call this:

"A court order to arrest a young person who broke the rules and bring them to court."

Illustration for Oranga Tamariki Act 1989

If you have applied to the court under section 296B(1) because you think a young person has not followed the rules of an order, this section applies. You can ask the court for a warrant to arrest the young person and bring them to court if you think you have tried everything to find them or give them the court papers, but it has not worked. The court can issue a warrant if they are satisfied that you have tried everything to find the young person or give them the court papers, but it has not worked, or if the young person has been given the court papers but has not shown up to court.

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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=DLM3275480.


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296B: Failure to comply, or

"What happens if you don't follow the rules of a court order"


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296D: Execution of warrant under section 296C, or

"What happens when a police officer carries out a special order to find a young person"

Part 4Youth justice
Failure to comply with, and variation and cancellation of, specified orders

296CWarrant to have young person arrested and brought before court

  1. This section applies if a person has made an application under section 296B(1) for a declaration that a young person has without reasonable excuse failed to comply satisfactorily with a requirement of an order specified in section 296A(1) (a breach application).

  2. The person may make, to the court dealing with the breach application, an application in writing and on oath for a warrant to arrest, and to bring before that court, the young person to whom the breach application relates if the person believes on reasonable grounds that—

  3. all reasonable efforts have been made to locate or, as the case requires, to serve the breach application on, that young person, but those efforts have failed; or
    1. the breach application has been served on that young person, but the young person has failed to appear before that court.
      1. The court dealing with the breach application may, on an application under subsection (2), issue a warrant to arrest, and to bring before that court, the young person to whom the breach application relates if satisfied that—

      2. all reasonable efforts have been made to locate or, as the case requires, to serve the breach application on, that young person, but those efforts have failed; or
        1. the breach application has been served on that young person, but the young person has failed to appear before that court.
          Compare
          Notes
          • Section 296C: inserted, on , by section 29 of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).
          • Section 296C(2)(b): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
          • Section 296C(3)(b): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).