Oranga Tamariki Act 1989

Care and protection of children and young persons - Reporting of child abuse

18D: Court declining to confirm decision

You could also call this:

"When a court disagrees with a decision, it explains why and follows special rules to help keep a child safe."

Illustration for Oranga Tamariki Act 1989

If a court decides not to agree with a decision made by the chief executive under section 18C(4)(b), the court must write down why it made that decision. You need to know the court will then treat the application as if it was an application for a care or protection order. The application must follow the rules set out in Part 3 and the rules of court.

If the court decides not to agree with the chief executive's decision under section 18A(4)(b), the application will be treated as if it was made on the grounds stated in section 14(1)(c). The chief executive, or someone representing them, can attend a family group conference, just like they could under section 22(1)(a) to (h). This happens even if section 70 does not apply, and the conference is convened under section 72(3).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6889654.


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18C: Confirmation of decision not to apply for care or protection order, or

"Asking a court to agree with a decision not to help a child through the law"


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19: Referral of care or protection cases to care and protection co-ordinator by other persons or by court, or

"Telling someone who can help when you think a child needs care or protection"

Part 2Care and protection of children and young persons
Reporting of child abuse

18DCourt declining to confirm decision

  1. If, under section 18C(4)(b), the court declines to confirm the chief executive’s decision under section 18A(4)(b), the court must give written reasons for its decision, and the application for confirmation—

  2. must be treated as an application for a care or protection order made by the chief executive on the ground in section 14(1)(c); and
    1. must be served and heard in accordance with Part 3 and the rules of court, except that, although section 70 does not apply, if a family group conference is convened pursuant to section 72(3), the chief executive (or the chief executive’s representative) is entitled to attend the conference as if the chief executive were entitled to do so under section 22(1)(a) to (h).
      Notes
      • Section 18D: inserted, on , by section 9 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).
      • Section 18D: 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 18D(a): amended, on , by section 26 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
      • Section 18D(b): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).