Oranga Tamariki Act 1989

Provisions relating to procedure in respect of proceedings under Parts 2 and 3A - Miscellaneous provisions

206B: Power to dismiss proceedings

You could also call this:

"The court can stop a case if it's not good for the child or if it's not a serious case."

Illustration for Oranga Tamariki Act 1989

The court can stop proceedings under Part 2 if it thinks this is best for the child's well-being. You might wonder what this means, so let's break it down: the court will stop the proceedings if they are clearly not in the child's best interests. The court can also stop proceedings if they think they are frivolous or vexatious, which means they are not serious or are an abuse of the court's process.

The court makes this decision based on two main reasons: the proceedings are not good for the child, or the proceedings are not serious. If the court decides to stop the proceedings, it will do so under the rules of Part 2. This is done to ensure the child's well-being and best interests are protected.

When the court is making its decision, it looks at the specific circumstances of the case and the child involved. You can find more information about the rules the court follows in Part 2. The court's main goal is to make a decision that is in the best interests of the child.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6028118.


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206A: Leave required in certain cases to commence substantially similar proceedings, or

"Getting permission to start a new court case if you've had a similar one before"


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207: Vexatious proceedings, or

"When the court thinks a case is not serious or is meant to annoy someone, they can stop it."

Part 3Provisions relating to procedure in respect of proceedings under Parts 2 and 3A
Miscellaneous provisions

206BPower to dismiss proceedings

  1. The court may dismiss proceedings before it under Part 2 if it is satisfied—

  2. that the proceedings relate to a specified child and that the continuation of the proceedings is, in the particular circumstances, clearly contrary to the well-being and best interests of the child; or
    1. that the proceedings are frivolous or vexatious or an abuse of the procedure of the court.
      Notes
      • Section 206B: inserted, on , by section 8 of the Children, Young Persons, and Their Families Amendment Act 2013 (2013 No 76).
      • Section 206B(a): amended, on , by section 97 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).