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Oranga Tamariki Act 1989

Children and young persons in care of chief executive or other persons or bodies - Financial matters

389B: Appeal against decisions about financial or other assistance to permanent caregivers

You could also call this:

"Appealing a decision about help for permanent caregivers of children"

Illustration for Oranga Tamariki Act 1989

If you are a permanent caregiver and you applied for a review of a decision under section 388A(2), you can appeal to the Family Court if you have not received a response within three months or if you are not happy with the outcome. You can only appeal if you think the decision is wrong or unreasonable. When you appeal, you must write to the Family Court and explain why you are appealing and what you want to happen.

You need to give the chief executive a copy of your appeal, and they will then send a report to the Family Court with the decision you are appealing and the information they used to make that decision. The Family Court might choose to appoint a lawyer for the child or young person involved in your appeal.

The Family Court will then hear your appeal and make a decision, which might confirm, change or cancel the original decision. Whatever the Family Court decides, the chief executive must follow their decision, and the Family Court's decision is final.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6892489.

Topics:
Family and relationships > Children and parentingFamily and relationships > Adoption and guardianshipCrime and justice > Courts and legal help
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389A: Review of decisions about financial or other assistance to permanent caregivers, or

"Checking decisions about money help for permanent caregivers"

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390: Power to control finances of young persons under guardianship or in custody, or

"People looking after you can control your money while you're in their care."

Part 7Children and young persons in care of chief executive or other persons or bodies
Financial matters

389BAppeal against decisions about financial or other assistance to permanent caregivers

  1. A permanent caregiver who has applied for a review of a decision under section 388A(2) may appeal to the Family Court against the decision if that caregiver—

  2. has not received notification of the outcome of the review within 3 months after the application was lodged; or
    1. is dissatisfied with the outcome of the review.

      1. An appeal under this section may be made only on the ground that the decision is wrong or unreasonable, or both.

      2. The appeal must be made by filing a written notice of appeal in the Family Court, and the notice of appeal must—

      3. set out the particulars supporting the grounds of appeal and the relief sought; and
        1. be served on the chief executive in accordance with rules of court.

          1. After being served with a notice of appeal, the department must, as soon as practicable, file in the Family Court a report that contains the decision appealed against, the considerations to which regard was had in making that decision, and a copy of all information that the chief executive had when making it.

          2. The Family Court may (on an application for the purpose, or its own initiative), but is not obliged to, appoint a lawyer for the child or young person to whom the appeal relates, in which case sections 159(2) and (3), 161, and 162 apply accordingly with any necessary modifications.

          3. An appeal under this section is by way of rehearing, and is to be heard and determined in accordance with this section and rules of court.

          4. The Family Court's determination of the appeal may confirm, modify, or reverse the decision appealed against, and the chief executive must give effect to that determination.

          5. A Family Court's determination of an appeal under this section is final.

          Notes
          • Section 389B: inserted, on , by section 39 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).
          • Section 389B(1): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).