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StatuteChildren, Young Persons, and Their Families Act 1989

Section 439 — Children, Young Persons, and Their Families Act 1989: Proceedings not invalid because of mistake as to age

Text of the provision Official document

439 Proceedings not invalid because of mistake as to age (1) No conviction or order or direction or other process or proceedings or action taken shall be held invalid by reason only that it related to a person who was not a child or young person if there were, at the time of conviction, order, direction, process, proceedings, or action, reasonable grounds for believing that that person was a child or young person. (2) Notwithstanding subsection (1) of this section, on the application of either party a rehearing of an information may be granted under the provisions of section 75 of the Summary Proceedings Act 1957 (as applied by section 321 of this Act) and where the proceedings should have been dealt with in a District Court the proceedings shall be remitted to a District Court to be reheard in that Court. Compare: 1974 No 72 s 44

Official source: legislation.govt.nz

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