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StatuteChildren, Young Persons, and Their Families Act 1989

Section 372 — Children, Young Persons, and Their Families Act 1989: Registrar may authorise continued detention in secure care until application is determined

Text of the provision Official document

372 Registrar may authorise continued detention in secure care until application is determined (1) Where an application is made under section 371(1) of this Act in respect of a child or young person, the Registrar of the Court in which that application is filed may, on the ex parte application of the chief executive, make an order authorising the continued detention of that child or young person in secure care. (2) An order made under subsection (1) of this section in respect of a child or young person shall, notwithstanding anything in section 370 of this Act, be sufficient authority to detain that child or young person in secure care until— (a) The application made under section 371(1) of this Act in respect of that child or young person is finally determined; or (b) The expiry of the period of 3 days commencing on the date on which that application is made— whichever first occurs. (3) A Registrar shall not make an order under subsection (1) of this section in respect of a child or young person unless that Registrar is satisfied that it is necessary, on either or both of the grounds specified in section 368 of this Act, to detain that child or young person in secure care pending the determination of an application under section 371(1) of this Act. (4) Where an order is made under subsection (1) of this section, any person affected by that order may apply at any time for the discharge of that order. (5) The provisions of section 378 of this Act shall apply, with all necessary modifications, with respect to every order made under subsection (1) of this section as if such an order were the decision of a Court on an application made under section 371 of this Act. (6) The provisions of section 379 of this Act shall apply, with all necessary modifications, with respect to every order made under subsection (1) of this section as if such an order were an approval granted by a Court under section 376 of this Act. Subsection (1) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “ chief executive ” for “ Director-General ” .

Official source: legislation.govt.nz

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