Children, Young Persons, and Their Families Act 1989
Sections and provisions with full text and the judgments that cite each one.
Section 344 — Notice of appeal not to affect orders unless Court otherwise directs
344 Notice of appeal not to affect orders unless Court otherwise directs Except where the Court making the order appealed from otherwise directs, the operation of an order made under this Act shall…
Section 345 — Interim custody order pending appeal
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…
Section 346 — Procedure on appeal
346 Procedure on appeal (1) The High Court Rules and sections 74 to 77 of the District Courts Act 1947 , with all necessary modifications, apply to an appeal under section 341 as if it were an appeal…
Section 347 — Appeal to Court of Appeal
347 Appeal to Court of Appeal (1) A party to an appeal under section 341 may, with the leave of the Court of Appeal, appeal to the Court of Appeal against all or part of any determination of the High…
Section 348 — Determination of appeals
348 Determination of appeals (1) [Repealed] (2) Every decision of the High Court shall have effect as if it were a decision or order made by a Family Court and all the provisions of this Act (except…
Section 349 — Court may refer appeals back for reconsideration
349 Court may refer appeals back for reconsideration [Repealed] Section 349 was repealed, as from 24 November 2003, by section 4 District Courts Amendment Act 2002 (2002 No 63). See section 5 of that…
Section 350 — Decision of High Court and Family Court to be sent to chief executive
350 Decision of High Court and Family Court to be sent to chief executive (1) A copy of every decision given by the High Court under section 348 of this Act, and a copy of every order or decision…
Section 351 — Appeals from decisions of Youth Court by young person
351 Appeals from decisions of Youth Court by young person (1) Every young person who has been found by a Youth Court to have committed an offence may appeal to the High Court against— (a) The finding…
Section 352 — Appeal by parents or guardians or other persons having care of young person
352 Appeal by parents or guardians or other persons having care of young person Any parent or guardian or other person having the care of a young person may appeal to the High Court against— (a) Any…
Section 353 — Appeal by persons other than young person dealt with in Youth Court
353 Appeal by persons other than young person dealt with in Youth Court (1) Any person, other than a young person, who is convicted in a Youth Court of any offence may appeal to the High Court…
Section 354 — Appeal on a point of law only
354 Appeal on a point of law only (1) Any person entitled to appeal under section 351 or section 352 or section 353 of this Act against any finding, sentence, or order of a Youth Court, may appeal…
Section 355 — Application of Part 4 of Summary Proceedings Act 1957
355 Application of Part 4 of Summary Proceedings Act 1957 (1) Subject to the provisions of this Part of this Act, the provisions of Part 4 of the Summary Proceedings Act 1957 (including the other…
Section 356 — Effect of notice of appeal on certain orders
356 Effect of notice of appeal on certain orders (1) The operation of any order made by a Youth Court under paragraph (k) or paragraph (l) or paragraph (m) or paragraph (n) of section 283 of this Act…
Section 357 — Application of section 329 to hearing of appeal
357 Application of section 329 to hearing of appeal The provisions of section 329 of this Act, with all necessary modifications, shall apply to the hearing in the High Court of any appeal against a…
Section 358 — Presence of young person at hearing of appeal
358 Presence of young person at hearing of appeal (1) On the hearing of any appeal relating to an order under paragraph (k) or paragraph (l) or paragraph (m) or paragraph (n) of section 283 of this…
Section 359 — Presence of parents at hearing of appeal from decisions of Youth Court
359 Presence of parents at hearing of appeal from decisions of Youth Court (1) Where any appeal relating to a young person is made under this Part of this Act from a decision of a Youth Court, the…
Section 360 — Notification of appeal and result of appeal to local Principal Manager of the Department
360 Notification of appeal and result of appeal to local Principal Manager of the Department (1) Where any appeal under this Part of this Act relates to an order made under paragraph (k) or paragraph…
Section 361 — Application of sections 362 , 364 , 365 , 387 , 390 to 392 , 394 , and 395 of this Act
361 Application of sections 362 , 364 , 365 , 387 , 390 to 392 , 394 , and 395 of this Act Sections 362 , 364 , 365 , 387 , 390 to 392 , 394 , and 395 of this Act apply to— (a) Any child or young…
Section 362 — Children and young persons may be placed in care of approved persons
362 Children and young persons may be placed in care of approved persons Subject to sections 43 , 81 , 104 , and 114(2)(c) of this Act, the chief executive or, as the case requires, an Iwi Social…
Section 363 — Payment to person or organisation providing care
363 Payment to person or organisation providing care (1) The chief executive shall from time to time determine the rates of payment to persons and organisations in whose charge a child or young…
Section 364 — Authority to establish residences
364 Authority to establish residences (1) The chief executive, with the approval of the Minister, may from time to time establish and maintain under this Act residences of such number and type as in…
Section 364A — Residence management committees
364A Residence management committees [Repealed] Sections 364A and 364B were inserted, as from 1 April 1990, by section 35(4) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26) and…
Section 364B — Functions of residence management committees
364B Functions of residence management committees [Repealed] Sections 364A and 364B were inserted, as from 1 April 1990, by section 35(4) Social Welfare (Transitional Provisions) Act 1990 (1990 No…
Section 365 — Chief executive may place children and young persons in residences
365 Chief executive may place children and young persons in residences (1) The chief executive may place any child or young person to whom this section applies (being a child or young person who is…
Section 366 — Closing of residences and transfer of residents
366 Closing of residences and transfer of residents The chief executive may at any time, with the Minister's approval, direct the closing of any residence established under section 364 of this Act,…
Section 367 — Secure care
367 Secure care Subject to sections 368 and 370 of this Act and to any regulations made under section 447 of this Act, the chief executive may, in relation to any child or young person (not being a…
Section 368 — Grounds for placement in secure care
368 Grounds for placement in secure care (1) A child or young person may be placed in secure care in a residence if, and only if, such placement is necessary— (a) To prevent the child or young person…
Section 369 — Notice to be given where child or young person placed in secure care
369 Notice to be given where child or young person placed in secure care (1) Where any child or young person is placed in secure care, the chief executive shall give notice that the child or young…
Section 370 — Time limits on detention in secure care
370 Time limits on detention in secure care (1) Subject to subsection (2) of this section, no child or young person shall be kept in secure care for a continuous period of more than 72 hours, or on…
Section 371 — Application for approval for continued detention in secure care
371 Application for approval for continued detention in secure care (1) Where a child or young person is placed in secure care pursuant to section 367 of this Act, the chief executive may apply to a…
Section 372 — Registrar may authorise continued detention in secure care until application is determined
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,…
Section 373 — Persons entitled to be present at hearing of application under section 371
373 Persons entitled to be present at hearing of application under section 371 (1) No person shall be present during the hearing of an application under section 371 of this Act in respect of a child…
Section 374 — Right to make representations
374 Right to make representations (1) On the hearing of an application under section 371 of this Act in respect of a child or young person, representations may be made to the Court by— (a) The…
Section 375 — Hearing to be held in residence wherever practicable
375 Hearing to be held in residence wherever practicable The hearing of an application under section 371 of this Act shall, where practicable, be held in the residence in which the child or young…
Section 376 — Court may authorise continued detention in secure care
376 Court may authorise continued detention in secure care (1) If, on an application under section 371 of this Act in respect of a child or young person, the Court is satisfied that it is necessary,…
Section 377 — Renewal of approval for continued detention in secure care
377 Renewal of approval for continued detention in secure care (1) The Court may from time to time grant a renewal of an approval granted under section 376(1) of this Act upon application made by the…
Section 378 — Notification of decision of Court
378 Notification of decision of Court (1) Where the decision of the Court has been given on any application under section 371 or section 377 of this Act, the Registrar of the Court shall forthwith…
Section 379 — Review of decision to grant or renew approval
379 Review of decision to grant or renew approval (1) Where a Court grants an approval under section 376 of this Act, or grants a renewal of an approval under section 377 of this Act, or imposes any…
Section 380 — Application for review of detention in secure care
380 Application for review of detention in secure care (1) Where a child or young person is placed in secure care pursuant to section 367 of this Act, any of the persons specified in subsection (2)…
Section 381 — Notice of application for review of detention in secure care
381 Notice of application for review of detention in secure care (1) Subject to subsection (3) of this section, where any application is made under section 380 of this Act, the person making the…
Section 382 — Disposal of application for review of detention in secure care
382 Disposal of application for review of detention in secure care (1) On an application under section 380 of this Act in respect of the detention of a child or young person in secure care, the Court…
Section 383 — Review of refusal of application
383 Review of refusal of application (1) Where a Court refuses an application under section 380 of this Act, or refuses an application under that section and imposes any condition pursuant to section…
Section 383A — Lapse of authority for detention in secure care
383A Lapse of authority for detention in secure care Any authority conferred by or under any of sections 367 to 383 of this Act for the detention of a child or young person in secure care in a…
Section 384 — Discipline of children and young persons in residences
384 Discipline of children and young persons in residences The chief executive may, in relation to any child or young person placed in a residence established under section 364 of this Act, use such…
Section 384A — Interpretation
384A Interpretation For the purposes of sections 384B to 384K ,— harmful item means any article, drug, or substance that a member of staff has reasonable cause to believe is likely, while a child or…
Section 384B — Inspection of mail
384B Inspection of mail The manager may cause to be inspected, in accordance with the regulations, any mail intended to be sent or received by a child or young person in the residence if the manager…
Section 384C — Child or young person may be searched to detect unauthorised items
384C Child or young person may be searched to detect unauthorised items (1) A member of staff, who believes on reasonable grounds that a child or young person in the residence has in his or her…
Section 384D — Use of dogs for searching
384D Use of dogs for searching (1) In exercising a power of search conferred by sections 384B and 384C , a member of staff may have with him or her, and use for the purposes of searching, any dog…
Section 384E — Child or young person may be strip searched
384E Child or young person may be strip searched (1) A member of staff may, if that member of staff believes on reasonable grounds that a child or young person has in his or her possession a harmful…
Section 384F — Explanation of purpose and consequences of inspections and searches
384F Explanation of purpose and consequences of inspections and searches (1) Before any mail is inspected under section 384B or a search is carried out under section 384C or section 384E , the member…