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Oranga Tamariki Act 1989

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

296E: Variation and cancellation

You could also call this:

"Changing or cancelling a court order about your care"

Illustration for Oranga Tamariki Act 1989

If a court order is made about you or your care, the court can change or cancel it if someone asks. You or some other people can ask the court to make a change. The court can cancel the order, stop it for a while, stop one part of it, add a new rule, or change one of the rules.

The person who asks for the change must tell everyone who might be affected. This includes the person looking after you, a lawyer, or someone who helps you. Anyone who is told about the change can go to court and have a say.

If the change is about stopping or altering one part of the order, the person in charge can stop that part until the court makes a decision. This is only for certain types of orders, like the ones under section 283(k), 296G, or 307.

The court will listen to what everyone has to say before making a decision about the order. You have the right to go to court and say what you think if someone asks for a change to an order about you. The court will make a decision after hearing from everyone.

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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=DLM3275483.

Topics:
Family and relationships > Children and parentingCrime and justice > Courts and legal help
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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"

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296F: Interim suspension order, or

"A temporary stop to an order about a young person, until the court makes a final decision."

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

296EVariation and cancellation

  1. If an order specified in section 296A(1) or (2) has been made in respect of a young person or in respect of a parent or guardian or other person having the care of a young person, on an application for the purpose the court may—

  2. cancel the order:
    1. suspend the order for a period specified by the court:
      1. suspend a condition of the order for a period specified by the court:
        1. impose a further condition of the order:
          1. vary a condition of the order.

            1. The application may be made only by 1 or more of the following persons or organisations:

            2. the young person, or any parent or guardian or other person having the care of the young person:
              1. the provider of the parenting education, mentoring, or alcohol or drug rehabilitation programme concerned, or the chief executive, if the order is one under section 283(ja), (jb), or (jc):
                1. the chief executive or, as the case may be, the person or organisation specified in the order under whose supervision the young person has been placed, if the order is one under section 283(k), 296G, or 307:
                  1. the chief executive or the person or organisation supervising the order, if the order is one under section 298.

                    1. The application must be served on—

                    2. every other person or organisation specified in subsection (2) who could also have made the application; and
                      1. the barrister or solicitor or youth advocate representing the young person.

                        1. Every person or organisation on whom the application must be served is entitled to appear and be heard at the hearing of the application.

                        2. If the application is for the suspension or variation of a condition of an order under section 283(k), 296G, or 307, the chief executive (if the order places the young person under the supervision of the chief executive), or (in any other case) the person or organisation specified in the order, may suspend the condition until the application has been heard and disposed of by the court.

                        Notes
                        • Section 296E: 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 296E(2)(b): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
                        • Section 296E(2)(d): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).