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Oversight of Oranga Tamariki System Act 2022

Information provisions and other matters - Other matters - No power for Monitor to review courts or tribunals

54: No power for Monitor to review courts or tribunals

You could also call this:

"The Monitor can't check what courts or tribunals decide, they have to wait until it's finished."

Illustration for Oversight of Oranga Tamariki System Act 2022

The Monitor is not allowed to review decisions made by courts or tribunals when they are doing their job under this Act. You can think of the Monitor like a watchdog, but they cannot look at what courts or tribunals do. If a court or tribunal is already dealing with a matter, the Monitor must wait until the court or tribunal has made a final decision before they can start or continue looking into it. The Monitor has to follow this rule, even if it seems like something is not quite right, they still cannot review the court or tribunal's decision. You can find similar rules in other laws, such as the one found at s 18 of a 2003 law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS591522.

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Part 3Information provisions and other matters
Other matters: No power for Monitor to review courts or tribunals

54No power for Monitor to review courts or tribunals

  1. Despite anything in this Act, the Monitor may not review any decision or recommendation, or any act or omission, of a court or a tribunal when the Monitor is performing the monitoring function under this Act.

  2. If a matter is the subject of proceedings before a court or tribunal, the Monitor must not commence or continue a review into the matter until the proceedings are finally determined.

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