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StatuteChildren, Young Persons, and Their Families Act 1989

Section 157 — Children, Young Persons, and Their Families Act 1989: Court may require child or young person to attend hearing

Text of the provision Official document

157 Court may require child or young person to attend hearing (1) Where the Court considers that the presence of the child or young person in respect of whom any application is made under Part 2 or Part 3A of this Act is necessary to enable the Court to hear and determine that application, the Court may direct the Registrar to issue a summons in a form prescribed by rules of Court requiring the person who has custody of the child or young person to ensure that the child or young person is present at the hearing. (2) In any case where a summons under this section has been served on any person, a Family Court Judge may, if the child or young person in respect of whom the summons is issued does not appear at the hearing when required to do so, issue a warrant authorising any Social Worker or any member of the Police or any other person named in the warrant to take possession of that child or young person and bring him or her before the Court. (3) Section 123 of this Act shall apply, with all necessary modifications, in relation to every warrant issued under subsection (2) of this section as if every such warrant were a warrant issued under section 122 of this Act. (4) Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who, being required pursuant to a summons issued under this section to ensure that a child or young person appears before the Court, fails to take all reasonable steps to ensure that the child or young person so appears. Compare: 1974 No 72 s 27(6) Subsection (1) was amended, as from 1 November 1999, by section 6 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116) by inserting “ or Part 3A ” . Subsection (1) was amended, as from 13 September 2002, by section 6 Family Courts Amendment Act 2000 (2000 No 65) by substituting “ a form prescribed by rules of Court ” for “ the prescribed form ” . See clause 2 Family Courts Amendment Act Commencement Order 2002 (SR 2002/254). Subsection (3) was amended, as from 2 September 1996, by section 2(3) Children, Young Persons, and Their Families Amendment Act 1996 (1996 No 112) by substituting “ Section 123 ” for “ Sections 123 and 124 ” .

Official source: legislation.govt.nz

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