Oranga Tamariki Act 1989
Children’s and Young People’s Well-being Act 1989

18C Confirmation of decision not to apply for care or protection order

(1)

An application under this section for confirmation of a decision under section 18A(4)(b) relating to the parent of a subsequent child must include—

(a)

information showing that the person is a person to whom section 18A applies; and

(b)

an affidavit by the person making the application setting out the circumstances of the application and the reasons for the person’s belief that the parent meets the requirements of section 18A(3).

(2)

The application must be served in accordance with section 152(1) as if it were an application for a care or protection order.

(3)

When considering the application, the court may (but need not) give any person an opportunity to be heard on the application and, if it does, may appoint a barrister or solicitor (under section 159) to represent the subsequent child.

(4)

After considering the application, the court may,—

(a)

if subsection (5) applies, confirm the chief executive’s decision under section 18A(4)(b) not to apply for a care or protection order; or

(b)

decline to confirm the chief executive’s decision under section 18A(4)(b), in which case section 18D applies; or

(c)

dismiss the application on the ground that it does not relate to a person to whom section 18A applies; or

(d)

adjourn the hearing and require the chief executive to—

(i)

provide such information as the court specifies, within the period specified by the court; or

(ii)

reconsider all or any aspect of the assessment and report to the court within a period specified by the court.

(5)

The court may confirm the decision of the chief executive under section 18A(4)(b) only if it is satisfied, on the basis of the written material before it (and, if the court has heard any person under subsection (3), any other material heard), that the parent in respect of whom the application is made has demonstrated that the parent meets the requirements of section 18A(3).

(6)

Except as provided in this section, nothing in Part 3 applies in respect of an application for, or a decision of a court on, confirmation of a decision made under section 18A(4)(b).

Section 18C: inserted, on 30 June 2016, by section 9 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).

Section 18C heading: amended, on 1 July 2019, by section 25(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 18C(1)(b): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 18C(2): amended, on 1 July 2019, by section 25(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 18C(4)(a): amended, on 1 July 2019, by section 25(3) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 18C(4)(a): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 18C(4)(b): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 18C(4)(d): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 18C(5): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 18C(5): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).