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Habeas Corpus Act 2001

Determination of applications

13: Powers if person detained is young person

You could also call this:

"Help for young people detained: the court looks out for your well-being if you're under 18."

Illustration for Habeas Corpus Act 2001

If you are under 18 years old and detained, the High Court can use powers from the Care of Children Act 2004 to help you. The High Court can make decisions like the Family Court when dealing with your case. This means the High Court can consider what is best for you.

If the main issue in your case is about your welfare and you are under 16 years old, the High Court can move your case to the Family Court. The High Court can do this on its own or if someone involved in your case asks them to. Your case will then be dealt with by the Family Court.

When the Family Court deals with your case, they will follow the same rules as if you had gone to the Family Court first under the Care of Children Act 2004. This means the Family Court will make decisions based on what is best for you. The Family Court will consider your welfare and make a decision that is fair and right for you.

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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=DLM91789.

Topics:
Crime and justice > Courts and legal helpFamily and relationships > Children and parenting
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14: Determination of applications, or

"The court decides if you are being held unfairly and what happens next."

13Powers if person detained is young person

  1. In dealing with an application in relation to a detained person who is under the age of 18 years, the High Court may exercise the powers that are conferred on the Family Court by the Care of Children Act 2004.

  2. If the substantive issue in an application is the welfare of a person under the age of 16 years, the High Court may, on its own initiative or at the request of a party to the proceeding, transfer the application to the Family Court.

  3. An application referred under subsection (2) must be dealt with by the Family Court in all respects as if it were an application to that court under the Care of Children Act 2004.

Notes
  • Section 13(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 13(1): amended, on , by section 151 of the Care of Children Act 2004 (2004 No 90).
  • Section 13(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 13(3): amended, on , by section 151 of the Care of Children Act 2004 (2004 No 90).