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StatuteChildren, Young Persons, and Their Families Act 1989

Section 345 — Children, Young Persons, and Their Families Act 1989: Interim custody order pending appeal

Text of the provision Official document

345 Interim custody order pending appeal (1) Any party to an appeal under section 341(2) of this Act may apply to the Court appealed from or to the High Court for an order relating to the custody of the child or young person to whom the appeal relates pending the determination of the appeal, and the Court may make the order on such terms and conditions as it thinks fit. (2) Every order made under subsection (1) of this section shall come into force on the day on which it is made and, unless sooner revoked, shall remain in force until the appeal is finally determined by the High Court. (3) An order made under subsection (1) of this section shall have effect as if it were an order made under section 78 of this Act, and the provisions of sections 79 to 82 of this Act shall apply with respect to the order with such modifications as may be necessary. (4) The High Court may at any time on the application of any party to the appeal or of its own motion vary, modify, or revoke any order made under subsection (1) of this section or vary, modify, or revoke any term or condition of the order. Subsection (1) was amended, as from 24 November 2003, by section 4 District Courts Amendment Act 2002 (2002 No 63) by substituting “ section 341(2) ” for “ section 341 ” . See section 5 of that Act for the transitional provision relating to appeals. See clause 2 District Courts Amendment Act Commencement Order 2003 (SR 2003/281).

Official source: legislation.govt.nz

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