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Oranga Tamariki Act 1989

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

296F: Interim suspension order

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

If you have made an application about a young person not following an order, the court can make a decision to stop the order for now. This is called an interim suspension order and it stops the order until the court makes a final decision about the application. The court can make this decision if someone asks them to, or if they decide to do it on their own.

If the court stops an order, they might also use some other powers they have to help the young person. These powers are listed in section 238(1)(a) to (e). The court can use these powers if they stop an order that was made under section 296A(1).

The court can make an interim suspension order for some types of orders, which are listed in section 296A(1) or (2). You can ask the court to make this decision if you are part of the court case, or if you are the youth advocate. The court can also make this decision on its own, without anyone asking them to.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3275484.

Topics:
Crime and justice > Courts and legal helpFamily and relationships > Children and parenting
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296E: Variation and cancellation, or

"Changing or cancelling a court order about your care"

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296G: Intensive supervision order in response to young person's non-compliance with judicially monitored condition of supervision or supervision with activity order, or

"What happens if you don't follow the rules of a supervision order: a new, stricter order can be made."

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

296FInterim suspension order

  1. This section applies if a person has made—

  2. 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); or
    1. an application under section 296E in respect of an order specified in section 296A(1) or (2) (a variation or cancellation application).

      1. The court to which the breach application or, as the case may be, the variation or cancellation application has been made may, on the application of a party to the proceedings or the youth advocate, or of its own motion, make an interim suspension order that suspends the operation of the order specified in section 296A(1) or (2) until the court disposes of the breach application or, as the case may be, the variation or cancellation application.

      2. If the court makes an interim suspension order under this section in respect of an order specified in section 296A(1), the court may also exercise, in respect of the young person, any power conferred by section 238(1)(a) to (e).

      Notes
      • Section 296F: 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 296F(3): amended, on , by section 5 of the Children, Young Persons, and Their Families Amendment Act 2012 (2012 No 99).