sec.128Court may reopen proceedings

### sec.128 Court may reopen proceedings If a court has— made a finding or order in relation to a child that is not in accordance with the law; or failed to make a finding or order in relation to a child that the court legally should have made; or made a finding or order in relation to a child decided on a clear factual error of substance; the court, whether or not differently constituted, may reopen the proceeding. The power under subsection (1) (c) includes power to reopen proceedings because the finding or order was incorrectly made— in relation to the wrong person; or because a summons issued on a complaint originating the proceedings that resulted in the finding or order did not come to the knowledge of the child; or because it was made for a matter for which the child had been previously dealt with; or because of someone’s deceit. If a court reopens a proceeding, it— must give the parties an opportunity to be heard; and may make a finding or order in relation to the child— for a reopening under subsection (1) (a) —in accordance with law; or for a reopening under subsection (1) (b) —the court legally should have made; or for a reopening under subsection (1) (c) —taking into account the factual error; and may amend any relevant finding or order to the extent necessary to take into account the finding or order made under paragraph (b) . The court may reopen the proceeding— on its own initiative at any time; or on the application of a party to the proceeding, the chief executive or the court’s registrar or clerk of the court, made within— 28 days after the day the finding or order was made; or any further time the court may allow on application at any time. Subject to subsection (6) , this section does not affect any right of appeal. For an appeal under any Act against a finding or order made under subsection (3) , the time within which the appeal must be made starts from the day the finding or order is made under subsection (3) . In this section— finding or order means a finding of guilt, conviction, sentence or other finding or order that may be made in relation to a person charged with or found guilty of an offence. s 128 amd 1992 No. 48 s 207 sch ; 1996 No. 22 s 29 ; 1997 No. 3 s 122 sch 2 (amd 1997 No. 38 s 143 (2) ); 1998 No. 39 s 31 sub 2002 No. 39 s 34 (sec.128-ssec.1) If a court has— made a finding or order in relation to a child that is not in accordance with the law; or failed to make a finding or order in relation to a child that the court legally should have made; or made a finding or order in relation to a child decided on a clear factual error of substance; the court, whether or not differently constituted, may reopen the proceeding. (sec.128-ssec.2) The power under subsection (1) (c) includes power to reopen proceedings because the finding or order was incorrectly made— in relation to the wrong person; or because a summons issued on a complaint originating the proceedings that resulted in the finding or order did not come to the knowledge of the child; or because it was made for a matter for which the child had been previously dealt with; or because of someone’s deceit. (sec.128-ssec.3) If a court reopens a proceeding, it— must give the parties an opportunity to be heard; and may make a finding or order in relation to the child— for a reopening under subsection (1) (a) —in accordance with law; or for a reopening under subsection (1) (b) —the court legally should have made; or for a reopening under subsection (1) (c) —taking into account the factual error; and may amend any relevant finding or order to the extent necessary to take into account the finding or order made under paragraph (b) . (sec.128-ssec.4) The court may reopen the proceeding— on its own initiative at any time; or on the application of a party to the proceeding, the chief executive or the court’s registrar or clerk of the court, made within— 28 days after the day the finding or order was made; or any further time the court may allow on application at any time. (sec.128-ssec.5) Subject to subsection (6) , this section does not affect any right of appeal. (sec.128-ssec.6) For an appeal under any Act against a finding or order made under subsection (3) , the time within which the appeal must be made starts from the day the finding or order is made under subsection (3) . (sec.128-ssec.7) In this section— finding or order means a finding of guilt, conviction, sentence or other finding or order that may be made in relation to a person charged with or found guilty of an offence. - (a) made a finding or order in relation to a child that is not in accordance with the law; or - (b) failed to make a finding or order in relation to a child that the court legally should have made; or - (c) made a finding or order in relation to a child decided on a clear factual error of substance; - (a) in relation to the wrong person; or - (b) because a summons issued on a complaint originating the proceedings that resulted in the finding or order did not come to the knowledge of the child; or - (c) because it was made for a matter for which the child had been previously dealt with; or - (d) because of someone’s deceit. - (a) must give the parties an opportunity to be heard; and - (b) may make a finding or order in relation to the child— (i) for a reopening under subsection (1) (a) —in accordance with law; or (ii) for a reopening under subsection (1) (b) —the court legally should have made; or (iii) for a reopening under subsection (1) (c) —taking into account the factual error; and - (i) for a reopening under subsection (1) (a) —in accordance with law; or - (ii) for a reopening under subsection (1) (b) —the court legally should have made; or - (iii) for a reopening under subsection (1) (c) —taking into account the factual error; and - (c) may amend any relevant finding or order to the extent necessary to take into account the finding or order made under paragraph (b) . - (i) for a reopening under subsection (1) (a) —in accordance with law; or - (ii) for a reopening under subsection (1) (b) —the court legally should have made; or - (iii) for a reopening under subsection (1) (c) —taking into account the factual error; and - (a) on its own initiative at any time; or - (b) on the application of a party to the proceeding, the chief executive or the court’s registrar or clerk of the court, made within— (i) 28 days after the day the finding or order was made; or (ii) any further time the court may allow on application at any time. - (i) 28 days after the day the finding or order was made; or - (ii) any further time the court may allow on application at any time. - (i) 28 days after the day the finding or order was made; or - (ii) any further time the court may allow on application at any time.