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Printed: 22/10/2021
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Last updated: 12/06/2020

Without notice application for interim custody of a tamaiti or rangatahi

All without notice applications for interim custody of a tamaiti or rangatahi under section 78 of the Oranga Tamariki Act 1989 must be approved by the site manager before they can be filed.

Upcoming changes for this policy

This content will be strengthened so it more completely reflects our commitment to practice framed by te Tiriti o Waitangi, based on a mana-enhancing paradigm for practice, and drawing from ​Te Ao Māori principles of oranga to support mana tamaiti, whakapapa and whanaungatanga. We each need to consider how we can apply these principles to our practice when reading this policy. The following resources provide support:
Practice for working effectively with Māori
Our practice shift

What is a without notice application

Section 78 custody orders can be applied for in 2 ways:

  • On notice (also called with notice) – the application is served on the respondents before it is granted by the court. An application can be filed to reduce the time the respondents have to file a notice of intention to appear. This means the respondents have only a limited opportunity to reply to the application (usually between 1 and 3 days).
  • Without notice – the respondent is not informed about the application before it is granted by the court. If the court agrees with the application, it usually grants the order on the same day. The court may also request a type of hearing, called a Pickwick Hearing, that requires the applicant to attend court to provide evidence about the application.

When this policy applies

This policy applies when we are considering if we should make a without notice application for interim custody.

This policy does not change the usual social work assessment and decision-making process for establishing whether or not we should make an application for interim custody.

Escalation process

If there is disagreement about whether the without notice application should be approved, the site manager must consider what further steps might be needed to reach agreement. Further steps could include a case discussion including the social work team, regional litigation manager, practice leader and site manager.

If agreement still cannot be reached, the site manager must escalate the final decision to the regional manager.