Children, Young Persons, and Their Families Act 1989
Sections and provisions with full text and the judgments that cite each one.
Section 191 — Access to reports
191 Access to reports (1) Subject to section 192 of this Act, a copy of every written report furnished to the Court pursuant to section 178 or section 181 or section 186 or section 187 of this Act…
Section 192 — Court may order report not to be disclosed
192 Court may order report not to be disclosed The Court may order that the whole or any part of a report given to any person pursuant to section 191(1) of this Act shall not be disclosed to any…
Section 193 — Right to tender evidence on report
193 Right to tender evidence on report Any person to whom a report prepared pursuant to section 178 or section 181 or section 186 or section 187 of this Act relates may tender evidence on any matter…
Section 194 — Court may call person making report as witness
194 Court may call person making report as witness The Court may if it thinks fit call as a witness the person making any report to which section 193 of this Act applies. Compare: 1974 No 72 s 42(4)
Section 195 — Evidence
195 Evidence Subject to sections 65 and 198 of this Act, in any proceedings under Part 2 or Part 3A of this Act the Court may receive any evidence that it thinks fit, whether it is otherwise…
Section 196 — Special provisions applying to disclosure of communications to medical practitioner or clinical psychologist
196 Special provisions applying to disclosure of communications to medical practitioner or clinical psychologist (1) A barrister or solicitor appointed pursuant to section 159 of this Act to…
Section 197 — Standard of proof
197 Standard of proof Subject to section 198 of this Act, the standard of proof applying in any proceedings under Part 2 or Part 3A of this Act shall be the standard of proof applying in civil…
Section 198 — Special provisions applying to applications for declaration on ground of child's offending
198 Special provisions applying to applications for declaration on ground of child's offending (1) The Court shall not make a declaration under section 67 of this Act on the ground specified in…
Section 199 — Power of Court to call witnesses
199 Power of Court to call witnesses (1) In any proceedings in a Court under Part 2 or Part 3A of this Act (not being proceedings for a declaration under section 67 of this Act on the ground…
Section 200 — Court to ensure that application for declaration that child or young person in need of care or protection dealt with promptly
200 Court to ensure that application for declaration that child or young person in need of care or protection dealt with promptly Where an application is made to the Court for a declaration under…
Section 201 — Adjournments
201 Adjournments (1) Subject to this section, the Court may, from time to time, adjourn the hearing of any proceedings under Part 2 or Part 3A of this Act. (2) In considering— (a) Whether to adjourn…
Section 202 — Orders by consent
202 Orders by consent In any proceedings under Part 2 or Part 3A of this Act, the Court may make any order (being an order that it is empowered to make in those proceedings) by the consent of all the…
Section 203 — Costs
203 Costs In any proceedings under Part 2 or Part 3A of this Act the Court may make such order as to costs as it thinks fit. Compare: 1968 No 63 s 27B; 1980 No 95 s 14 Section 203 was amended, as…
Section 204 — Rehearings
204 Rehearings (1) Where a declaration or an order has been made or refused on an application under Part 2 or Part 3A of this Act, the Court may, on the application of the applicant or any other…
Section 205 — Preventing removal of child or young person from New Zealand
205 Preventing removal of child or young person from New Zealand (1) This section applies where— (a) An application is made to the Court for a declaration under section 67 , or for an order under…
Section 206 — Offence to take child or young person out of New Zealand where proceedings pending
206 Offence to take child or young person out of New Zealand where proceedings pending (1) Every person commits an offence and is liable on summary conviction to imprisonment for a term not exceeding…
Section 207 — Vexatious proceedings
207 Vexatious proceedings (1) The Court may dismiss any proceedings before it under Part 2 of this Act if it is satisfied that they are frivolous or vexatious or an abuse of the procedure of the…
Section 207A — Purpose of Part
207A Purpose of Part The purpose of this Part is to provide for the transfer of protection orders and protection proceedings from New Zealand to a State or Territory of Australia, and from a State or…
Section 207ZA — Court to obtain plan for child or young person
207ZA Court to obtain plan for child or young person (1) As soon as practicable after a protection order of a kind referred to in section 128(2) is registered in a Court under section 207X , the…
Section 207B — Interpretation
207B Interpretation In this Part, unless the context otherwise requires,— Child welfare law means— (a) Parts 2 and 3 ; or (b) A law of a participating State that— (i) Corresponds to Parts 2 and 3 ;…
Section 207ZB — Hearing and determination of transferred proceedings
207ZB Hearing and determination of transferred proceedings If an order made under an interstate law for the transfer to New Zealand of protection proceedings is registered in a Court under section…
Section 207C — Meaning of protection order
207C Meaning of protection order (1) In this Part, protection order — (a) Means a final order under a child welfare law that makes the custody, guardianship, supervision, or support of a child or…
Section 207ZC — Aboriginal or Torres Strait Islander children or young persons
207ZC Aboriginal or Torres Strait Islander children or young persons (1) This section applies if— (a) A protection order, or an order made under an interstate law for the transfer to New Zealand of…
Section 207D — Chief executive may transfer protection order
207D Chief executive may transfer protection order (1) The chief executive may transfer a protection order ( the home order ) to a participating State if,— (a) In his or her opinion, a protection…
Section 207ZD — Application to have registration revoked
207ZD Application to have registration revoked Any of the following persons may apply to a Court to have the registration of an order under section 207X revoked: (a) The chief executive: (b) The…
Section 207E — Chief executive to have regard to certain matters
207E Chief executive to have regard to certain matters In deciding whether to transfer a protection order, the chief executive must have regard to— (a) The principles referred to in sections 5 , 6 ,…
Section 207ZE — Service of application
207ZE Service of application (1) As soon as practicable after an application under section 207ZD is filed in a Court, the Registrar of the Court must serve a copy of the application on— (a) The…
Section 207F — Consent required
207F Consent required (1) This section applies if— (a) The home order is a support order made under section 91 ; or (b) The home order is a custody order made under section 101 placing the child or…
Section 207ZF — Revocation of registration
207ZF Revocation of registration (1) On an application under section 207ZD , the Court may revoke the registration of the order if, and only if, the Court is satisfied that, at the time of…
Section 207G — Consultation required
207G Consultation required (1) This section applies if the child or young person is subject to— (a) A services order made under section 86 directing a person or organisation (other than the chief…
Section 207ZG — Notice of revocation
207ZG Notice of revocation As soon as practicable after the registration of an order is revoked under section 207ZF , the Registrar of the Court must give notice of the revocation to— (a) The…
Section 207H — Conditions and duration of order to be transferred
207H Conditions and duration of order to be transferred (1) The chief executive may include in the proposed interstate order any conditions that may be included in a protection order of that type…
Section 207ZH — Effect of revocation on plan and documents
207ZH Effect of revocation on plan and documents If the Court revokes the registration of an order under section 207ZF ,— (a) The Court may, on its own initiative or on an application for the…
Section 207I — Notice of decision to transfer
207I Notice of decision to transfer (1) As soon as practicable but in any event no later than 3 working days after deciding to transfer a protection order, the chief executive must give a notice of…
Section 207ZI — Expiry and revival of order transferred from New Zealand
207ZI Expiry and revival of order transferred from New Zealand (1) A protection order transferred from New Zealand ( the home order ) ceases to have effect under this Act on the date on which the…
Section 207J — Review of decision to transfer
207J Review of decision to transfer Any review proceedings in respect of a decision to transfer a protection order— (a) Must be brought, and served on the chief executive, within 13 working days…
Section 207ZJ — Expiry and revival of ancillary orders
207ZJ Expiry and revival of ancillary orders (1) This section applies if— (a) A child or young person is the subject of a protection order ( the home order ) that ceases to have effect in accordance…
Section 207K — Court may order transfer of protection order
207K Court may order transfer of protection order (1) A Court may order that a protection order be transferred to a participating State if— (a) The chief executive applies to the Court for the order…
Section 207ZK — Transfer of Court file
207ZK Transfer of Court file (1) The Registrar of a Court must send all documents filed in the Court in connection with protection proceedings to the appropriate officer of the Children's Court in a…
Section 207L — Service of application
207L Service of application (1) As soon as possible after the chief executive files in a Court an application under section 207K , the Registrar of the Court must serve copies of the application in…
Section 207ZL — Disclosure of information to interstate officer
207ZL Disclosure of information to interstate officer (1) This section applies to information that has come to the notice of the chief executive, or to an officer or employee of the Department, in…
Section 207M — Court to have regard to certain matters
207M Court to have regard to certain matters In considering an application under section 207K , the Court must have regard to— (a) The principles referred to in sections 5 , 6 , and 13 ; and (b)…
Section 207ZM — Information disclosed to chief executive by interstate officer
207ZM Information disclosed to chief executive by interstate officer (1) This section applies to information that an interstate officer has disclosed to the chief executive under a provision of a…
Section 207N — Terms, conditions, and duration of order to be transferred
207N Terms, conditions, and duration of order to be transferred (1) If a Court orders that a protection order ( the home order ) be transferred, the terms of the protection order to be transferred (…
Section 207ZN — Department not to disclose information identifying notifier
207ZN Department not to disclose information identifying notifier (1) This section applies to information— (a) To which section 207ZM applies; and (b) That, if disclosed, would be likely to identify,…
Section 207O — Appeal against order for transfer
207O Appeal against order for transfer The following provisions apply to an appeal to the High Court under section 341 against an order that a protection order be transferred: (a) Despite section…
Section 207ZO — Written consent of interstate officer
207ZO Written consent of interstate officer A document that purports to be the written consent of an interstate officer (or of an interstate officer's authorised delegate) for the purposes of section…
Section 207P — Review of order for transfer
207P Review of order for transfer (1) Any review proceedings in respect of an order that a protection order be transferred— (a) Must be brought within 10 working days after the date of the order, and…
Section 207Q — Court may order transfer of protection proceedings
207Q Court may order transfer of protection proceedings (1) A Court may order that protection proceedings pending in the Court be transferred to the Children's Court in a participating State if— (a)…
Section 207R — Service of application
207R Service of application (1) As soon as possible after the chief executive files in a Court an application under section 207Q , the Registrar of the Court must serve a copy of the application on—…