Section 70 — Children, Young Persons, and Their Families Act 1989: No application to be made unless family group conference has been held

70 No application to be made unless family group conference has been held (1) Subject to subsection (2) of this section, no application for a declaration that a child or young person is in need of care or protection may be made unless a family group conference has been held under this Part of this Act (or, in the case of an application on the ground specified in section 14(1)(e) of this Act, under Part 4 of this Act) in relation to the matter that forms the ground on which the application is made. (2) Subsection (1) of this section does not apply where— (a) The child or young person in respect of whom the application is made has been placed in the custody of the chief executive under section 39 or section 42 of this Act; or (b) The applicant believes that the interests of the child or young person in respect of whom the application is made require that an interim restraining order be granted as a matter of urgency, and an application for such an order is made at the same time as the application; or (ba) An application for a custody order under section 78 of this Act is made at the same time as the application, and the applicant believes,— (i) Where the application is made on the ground specified in section 14(1)(e) of this Act,— (A) That it is not possible to make suitable alternative arrangements for the custody of the child in respect of whom the application is made pending the determination of the application; or (B) That it is in the public interest that the child be held in custody pending the determination of the application: (ii) In any other case, that the interests of the child or young person in respect of whom the application is made require that such a custody order be granted as a matter of urgency; or (c) The application is made on the ground specified in section 14(1)(g) of this Act and, after reasonable enquiries, it is not possible to ascertain the whereabouts of any member of the family, whanau, or family group of the child or young person to whom the application relates. (3) Where, pursuant to any of paragraphs (a) to (ba) of subsection (2) of this section, an application for a declaration under section 67 of this Act is made without a family group conference having been held, the Registrar shall forthwith refer the application to,— (a) In the case of an application made on the ground specified in section 14(1)(e) of this Act, a Youth Justice Co-ordinator; or (b) In any other case, a Care and Protection Co-ordinator— for the purposes of convening a family group conference. Subsection (2)(a) was amended, as from 1 November 1989, by section 6(1)(a) Children, Young Persons, and Their Families Amendment Act 1989 (1989 No 70) by omitting “ or section 40 ” . Subsection (2)(a) 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 ” . Subsection (2)(b) was substituted, and subsection 2(ba) was inserted, as from 8 January 1995, by section 9(1) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121). Subsection (3) was substituted, as from 8 January 1995, by section 9(2) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).