New Zealand: Children, Young Persons, and Their Families Act 1989

Title

An Act to reform the law relating to children and young persons who are in need of care or protection or who offend against the law and, in particular,---

(a)To advance the wellbeing of families and the wellbeing of children and young persons as members of families, whanau, hapu, iwi, and family groups:

(b)To make provision for families, whanau, hapu, iwi, and family groups to receive assistance in caring for their children and young persons:

(c)To make provision for matters relating to children and young persons who are in need of care or protection or who have offended against the law to be resolved, wherever possible, by their own family, whanau, hapu, iwi, or family group:

(d)To make provision for the appointment of a Commissioner for Children:

(e)To repeal the Children and Young Persons Act 1974

BE IT ENACTED by the Parliament of New Zealand as follows:

1Short Title and commencement

(1)This Act may be cited as the Children, Young Persons, and Their Families Act 1989.

(2)This Act shall come into force on the 1^st day of November 1989.

2Interpretation

(1)In this Act, unless the context otherwise requires,---

"Care and Protection Co-ordinator'' means a Care and Protect Co-ordinator appointed by the Director-General pursuant to section 423 of this Act:

''Care and Protection Resource Panel'' means a Care and Protection Resource Panel established pursuant to section 428 of this Act:

''Child'' means a boy or girl under the age of 14 years:

"Child abuse" means the harming (whether physically, emotionally, or sexually), ill-treatment, abuse, neglect, or deprivation of any child or young person:
(inserted by the Children, Young Persons, and Their Families Amendment Act 1994)

''Child and Family Support Service'' means any organisation or body approved by the Director-General as a Child and Family Support Service pursuant to section 396 (3) of this Act:

''Commissioner'' means the Commissioner for Children appointed under section 410 of this Act:

"Community Service'' means any service approved by the Director-General as a Community Service pursuant to section 403 of this Act:

"Convene", in relation to a family group conference, means to take the appropriate steps under section 20 and 25 of this Act (in the case of a family group conference authorised or required under Part II of this Act) or under section 247 and 253 of this Act (in the case of a conference authorised or required under Part IV of this Act) in order to cause the conference to meet; and ‘reconvene' has a corresponding meaning:
(inserted by the Children, Young Persons, and Their Families Amendment Act 1994)

''Court'', in relation to Parts II and III of this Act, means a Family Court, and in relation to Parts IV and V of this Act, means a Youth Court:

"Cultural Social Service" means any incorporated body approved by the Director-General as a Cultural Social Service pursuant to section 396 (2) of this Act:
(inserted by the Children, Young Persons, and Their Families Amendment Act 1994)

'Custody'' means the right to possession and care of a child or young person:

'Department'' means the Department of Social Welfare established by the Department of Social Welfare Act 1971:

''Director-General'' means the Director-General of Social Welfare under the Department of Social Welfare Act 1971:

''Document'' means a document in any form; and includes---

(a)Any writing on any material:

(b)Any information recorded or stored by means of any tape-recorder, computer, or other device; and any material subsequently derived from information so recorded or stored:

(c)Any label, marking, or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means:

(d)Any book, map, plan, graph, or drawing:

(e)Any photograph, film, negative, tape, or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced:

''Enforcement agency'' means---

(a)The New Zealand Police:

(b)Any Department (as defined in section 2 (1) of the State Sector Act 1988):

(c)A local authority:

''Enforcement agency office'' means---

(a)A Police station:

(b)Any premises occupied by---

(i)Any Department (as defined in section 2 (1) of the State Sector Act 1988):

(ii)Any local authority:

''Enforcement officer'' means---

(a)Any member of the Police:

(b)Any traffic officer (as defined in section 2 (1) of the Transport Act 1962):

(c)Any person acting in the course of his or her official duties (being duties that consist of or include the detection, investigation, or prosecution of offences) as an officer or employee of---

(i)The Public Service (as defined in section 2 (1) of the State Sector Act 1988); or

(ii)A local authority:

''Ex parte application'' means an application made without notice to the respondent to the application:

"Family group'', in relation to a child or young person, means a family group, including an extended family,---

(a)In which there is at least 1 adult member---

(i)With whom the child or young person has a biological or legal relationship; or

(ii)To whom the child or young person has a significant psychological attachment; or

(b)That is the child's or young person's whanau or other culturally recognised family group:

"Family group conference,''---

(a)In relation to Part II of this Act, means a meeting convened or reconvened by a Care and Protection Co-ordinator in accordance with section 20 of this Act:

(b)In relation to Part IV of this Act, means a meeting convened or reconvened by a Youth Justice Co-ordinator in accordance with section 247 or section 270 or section 281 or section 281B of this Act:
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

"Family resource centre'' means any premises that provide temporary accommodation for a child or young person and any person who has the care of that child or young person, where that accommodation is provided as part of a programme designed to provide assistance to that person:

''Guardianship'' has the meaning given to it by section 3 of the Guardianship Act 1968; and ''guardian'' has corresponding meaning:

''Indictable offence'' means an indictable offence within the meaning of the Summary Proceedings Act 1957:

"Iwi Social Service" means any incorporated body approved by the Director-General as an Iwi Social Service pursuant to section 396 (1) of this Act:
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

''Lay advocate'' does not include any person who is a barrister or solicitor:

"Minister'' means the Minister of Social Welfare:

"Near relative'' means a step-parent, grandparent, aunt, uncle, brother, or sister; and includes a brother or sister of the half-blood as well as of the full-blood:

"Parent'' includes a step-parent:

"Psychiatric hospital'' has the same meaning as in section 2 of the Mental Health Act 1969:

"Purely indictable offence'' means any indictable offence other than an offence for which, by virtue of section 6 of the Summary Proceedings Act 1957, proceedings may be taken in a summary way in accordance with that Act:

"Residence''---

(a)Means any residential centre, family home, group home, foster home, family resource centre, or other premises, approved or recognised for the time being by the Director-General as a place of care or treatment for the purposes of this Act; and

(b)Includes any place of care or treatment, so approved, whether administered by the Crown or not; but

(c)Does not include---

(i)A penal institution; or

(ii)A psychiatric hospital or a licensed institution under the Mental Health Act 1969; or

(iii)A house or place to which an authority under section 110 of the Mental Health Act 1969, and for the time being in force, relates; or

(iv)A children's health camp within the meaning of the as a corresponding Children's Health Camps Act 1972:

''Secure care'', in relation to a child or young person in a residence established under section 364 of this Act, means containment in that residence within a locked room or enclosure with visible physical barriers:

''Social Welfare District'' or ''District'' means that part of New Zealand that is for the time being, pursuant to a determination of the Director-General, the responsibility of a Director of Social Welfare appointed under section 10 (1) of the Department of Social Welfare Act 1971:

"Social Worker'' means a Social Worker within the meaning of the Department of Social Welfare Act 1971:

"Summary offence'' means a summary offence within the meaning of the Summary Proceedings Act 1957:

"Traffic offence'' means---

(a)Any offence against the Transport Act 1962 or against any regulation or bylaw made under that Act:

(b)Any offence against any regulation or bylaw made under any other Act if the offence relates to the use of vehicles or parking places or transport stations:

"Victim'' means a person who, through or by means of an offence, suffers physical or emotional harm, or loss of or damage to property; and where an offence results in death, the term includes the members of the immediate family of the deceased:

"Working day'', in relation to any requirement to file a document with a Family Court or a Youth Court, or to supply a document before the sitting of a Family Court or a Youth Court, means any day of the week other than---

(a)Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, and Waitangi Day; and

(b)A day in the period commencing with the 25th day of December in any year and ending with the 15th day of January in the following year; and

(c)The day observed as the anniversary of the province in which the Court is situated; and

(d)Any other day that is observed by the Court as a Court holiday:

"Young person'' means a boy or girl of or over the age of 14 years but under 17 years; but does not include any person who is or has been married:

"Youth Advocate'' means a barrister or solicitor appointed pursuant to section 323 of this Act to represent a child or young person:

''Youth Justice Co-ordinator'' means a Youth Justice Co-ordinator appointed by the Director-General pursuant to section 425 of this Act.

(2)Where any proceedings are being considered or have been taken in respect of any offence allegedly committed by a person when that person was a child or young person, the age of that person at the date of the alleged offence shall be that person's age for the purpose of---

(a)Whether there is jurisdiction to take any proceedings in respect of that alleged offence, and, subject to paragraph (d) of this subsection, which Court has jurisdiction in respect of proceedings that may be taken; and

(b)The proceedings taken,---

but noting in this subsection shall---

(c)Require or authorise any family group conference in respect of the alleged offence before or at any stage of the proceedings if, at the time the conference would otherwise be required, that person has attained the age of 18 years; or

(d)Require any proceedings to be taken in a Youth Court if, at the time the information is laid, that person has attained the age of 18 years; or

(e)Derogate from the provisions of section 4 of the Criminal Justice Act 1985 (which shall apply in respect of proceedings under Part IV of this Act as if the proving of a charge was a conviction).

(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

(3)Where any information is laid in a District Court pursuant to subsection (2) (d) of this section, section 322 of this Act shall apply, with all necessary modifications, to the proceedings.
(inserted by the Children, Young Persons, and Their Families Amendment Act 1994)

(4)Where any proceedings have been taken under Part II of this Act in respect of any alleged incident, the age of any child or young person at the date of the alleged incident shall be that person's age for the purpose of the proceedings.
(inserted by the Children, Young Persons, and Their Families Amendment Act 1994)

Cf. 1974, No. 72, s. 2; 1981, No. 113, s. 50 (4); 1982, No. 135, s. 2; 1983, No. 129, s. 2

3Act to bind the Crown

This Act binds the Crown.

Part I:General Objects, Principles, and Duties

General Objects

12                Objects

The object of this Act is to promote the well-being of children, young persons, and their families and family groups by---

12                Establishing and promoting, and assisting in the establishment and promotion, of services and facilities within the community that will advance the wellbeing of children, young persons, and their families and family groups and that are---

12    Appropriate having regard to the needs, values, and beliefs of particular cultural and ethnic groups; and

12    Accessible to and understood by children and young persons and their families and family groups; and

12    Provided by persons and organisations sensitive to the cultural perspectives and aspirations of different racial groups in the community:

12                Assisting parents, families, whanau, hapu, iwi, and family groups to discharge their responsibilities to prevent their children and young persons suffering harm, ill-treatment, abuse, neglect, or deprivation:

12                Assisting children and young persons and their parents, family, whanau, hapu, iwi, and family group where the relationship between a child or young person and his or her parents, family, whanau, hapu, iwi, or family group is disrupted:

12                Assisting children and young persons in order to prevent them from suffering harm, ill-treatment, abuse, neglect, and deprivation:

12                Providing for the protection of children and young persons from harm, ill-treatment, abuse, neglect, and deprivation:

12                Ensuring that where children or young persons commit offences,---

12    They are held accountable, and encouraged to accept responsibility, for their behaviour; and

12    They are dealt with in a way that acknowledges their needs and that will give them the opportunity to develop in responsible, beneficial, and socially acceptable ways:

12                Encouraging and promoting co-operation between organisations engaged in providing services for the benefit of children and young persons and their families and family groups.

Cf. 1974, No. 72, s. 3

General Principles

12                Principles to be applied in exercise of powers conferred by this Act

Subject to section 6 of this Act, any Court which, or person who, exercises any power conferred by or under this Act shall be guided by the following principles:

12                The principle that, wherever possible, a child's or young person's family, whanau, hapu, iwi, and family group should participate in the making of decisions affecting that child or young person, and accordingly that, wherever possible, regard should be had to the views of that, family, whanau, hapu, iwi, and family group:

12                The principle that, wherever possible, the relationship between a child or young person and his or her family, whanau, hapu, iwi, and family group should be maintained and strengthened:

12                The principle that consideration must always be given to how a decision affecting a child or young person will affect---

12                The welfare of that child or young person; and

12    The stability of that child's or young person's family, whanau, hapu, iwi, and family group:

12                The principle that consideration should be given to the wishes of the child or young person, so far as those wishes can reasonably be ascertained, and that those wishes should be given such weight as is appropriate in the circumstances, having regard to the age, maturity, and culture of the child or young person:

12                The principle that endeavours should be made to obtain the support of---

12    The parents or guardians or other persons having the care of a child or young person; and

12    The child or young person himself or herself---to the exercise or proposed exercise, in relation to that child or young person, of any power conferred by or under this Act:

12                The principle that decisions affecting a child or young person should, wherever practicable, be made and implemented within time-frame appropriate to the child's or young person's sense of time.

Cf. 1974, No. 72, ss. 4A-4C; 1983, No. 129, s. 3

12                Welfare and interests of child or young person deciding factor

In all maters relating to the administration or application of this Act (other than Parts IV and V and section 351 to 360), the welfare and interest of the child or young person shall be the first and paramount consideration, having regard to the principles set out in section 5 and 13 of this Act.
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

Cf. 1974, No. 72, s. 4

General Duties

12                Duties of Director-General

12                It is the duty of the Director-General to take such positive and prompt action and steps as will in the Director-General's opinion best ensure---

12                That the objects of this Act are attained; and

12    That those objects are attained in a manner that is consistent with the principles set out in sections 5 and 6 of this Act.

12                In carrying out the duty imposed by subsection (1) of this section, the Director-General shall---

12    Monitor, and advise the Minister on, the effect of social policies and social issues on children, young persons, families, whanau, hapu, iwi, and family groups:

12                Promote---

12    The establishment of services (including social work services, family support services, and community based services designed to advance the welfare of children and young persons in the community or the home); and

12    The adoption of policies (including the provision of financial support to parents, families, and family groups)---that are designed to provide assistance to children and young persons who lack adequate parental care, or require protection from harm, or need accommodation or social or recreational activities:

(ba)In relation to child abuse,---

12    Promote, by education and publicity, among members of the public (including children and young persons) and members of professional and occupational groups, awareness of child abuse, the unacceptability of child abuse, the ways in which child abuse may be prevented, the need to report cases of child abuse, and the ways in which child abuse may be reported; and

12    Develop and implement protocols for agencies (both governmental and non-governmental) and professional and occupational groups in relation to the reporting of child abuse, and monitor the effectiveness of such protocols:

(inserted by the Children, Young Persons, and Their Families Amendment Act 1994)

12    Ensure, wherever possible, that all policies adopted by the Department, and all services provided by the Department,---

12    Recognise the social, economic, and cultural values of all cultural and ethnic groups; and

12                Have particular regard for the values, culture, and beliefs of the Maori people; and

12                Support the role of families, whanau, hapu, iwi, and family groups; and

12    Avoid the alienation of children and young persons from their family, whanau, hapu, iwi, and family group:

12                Establish and fund Care and Protection Resource Panels:

12    Establish procedures to ensure that the cases of children and young persons in respect of whom action has been taken under this Act are regularly reviewed in order to assess the adequacy and appropriateness of that action:

12    Ensure that persons providing services under this Act receive adequate training and comply with appropriate standards:

12    Monitor and assess the services provided under this Act by the Department and by other organisations, groups, and individuals.

Cf. 1974, No. 72, ss. 5, 6

12                Parents and others to be informed of decisions

12                Where any person takes any action, or makes any decision, under this Act that significantly affects any child or young person, that person shall ensure that, wherever practicable, the following persons are informed, as soon as practicable, of that action or decision and of the reasons for it:

12    Every person who is a parent or guardian of, or a person having the care of, the child or young person:

12                The child or young person.

12                It is not necessary to inform a child or young person of any action or decision if---

12                That child or young person is incapable of understanding it; or

12                It is plainly not in the child's or young person's interests to be so informed.

12                The information required by subsection (1) of this section to be given to any person shall be given---

12                Orally and, where practicable, in writing; and

12                Where practicable, in a manner and in language that the person understands.

12                Interpreters

12                Where---

12                Any Court hears any proceedings under this Act relating to a child or young person; or

12    Any person takes or proposes to take any action under this Act in relation to a child or young person,---

it is the duty of that Court or, as the case requires, that person to ensure that the requirements of this section are carried out wherever practicable.

12                The requirements of this section are as follows:

12                That where---

12    The first or preferred language of the child or young person is Maori or any other language other than English; or

12    The child or young person is unable, by reason of a physical disability, to understand, English,---the services of an interpreter are provided for the child or young person:

12                That where---

12    The first or preferred language of any parent or guardian or other person having the care of the child or young person is Maori or any other language other than English; or

12    That parent or guardian or that other person is unable, by reason of a physical disability, to understand English,---the services of an interpreter are provided for that parent or guardian or that other person.

12                Nothing in this section limits or affects the Maori Language Act 1987.

12                Duty of Court and counsel to explain proceedings

12                Where, in any proceedings under this Act, a child or young person, or any parent or guardian or other person having the care of a child or young person, appears before a Family Court or a Youth Court, the Court shall---

12    Explain in a manner and in language that can be understood by the child or young person or other person the nature of the proceedings, including, in the case of proceedings in a Youth Court, the nature and, where the child or young person or other person is not legally represented, the legal implications of the allegations; and

12    Satisfy itself that the child or young person or other person understands the proceedings; and

12    Where the Court makes any order under section 83 (1) or section 84 or section 283 of this Act, explain to the child or young person to whom the order relates and to any parent or guardian or other person having the care of the child or young person, in a manner and in language that can be understood by that child or young person or other person,---

12                The nature and requirements of the order:

12                Any provisions for variation of the order:

12    The existence of rights of appeal against the order or the finding on which the order is based.

12                Where, in any proceedings under this Act, a child or young person, or any parent or guardian or other person having the care of a child or young person, appears before a Family Court or a Youth Court, the barrister or solicitor representing that child or young person or other person shall---

12    Explain to the person whom that barrister or solicitor represents, in a manner and in language that can be understood by that person, the nature of the proceedings, including, in the case of proceedings in a Youth Court, the nature and legal implications of the allegations; and

12    Satisfy himself or herself that the person whom that barrister or solicitor represents understands the proceedings; and

12    Where the Court makes any order under section 83 (1) or section 84 or section 283 of this Act, explain to the person whom that barrister or solicitor represents, in a manner and in language that can be understood by that person, the matters specified in subparagraphs (i) to (iii) of subsection (1) (c) of this section.

Cf. 1974, No. 72, s. 40 (a); 1983, No. 129, s. 9

12                Duty of Court and counsel to encourage and assist child or young person to participate in proceedings

Where, in any proceedings under this Act, a child or young person appears before a Family Court or a Youth Court, that Court and the barrister or solicitor representing the child or young person shall, where necessary and appropriate, encourage and assist the child or young person to participate in those proceedings to the degree appropriate to the age and level of maturity of the child or young person.

12                Duty of medical practitioner to minimise distress to child or young person

Every medical practitioner who carries out a medical examination of any child or young person under any provision of this Act shall carry out that examination in a way that causes the least possible distress to the child or young person.

Part II:Care and Protection of Children and Young Persons

Principles

13Principles

Subject to sections 5 and 6 of this Act, any Court which, or person who, exercises any powers conferred by or under this Part or Part III or sections 341 to 350 of this Act shall be guided by the following principles:

(a)The principle that children and young persons must be protected from harm, their rights upheld, and their welfare promoted:

(b)The principle that the primary role in caring for and protecting a child or young person lies with the child's or young person's family, whanau, hapu, iwi, and family group, and that accordingly---

(i)A child's or young person's family, whanau, hapu, iwi, and family group should be supported, assisted, and protected as much as possible; and

(ii)Intervention into family life should be the minimum necessary to ensure a child's or young person's safety and protection:

(c)The principle that it is desirable that a child or young person live in association with his or her family, whanau, hapu, iwi, and family group, and that his or her education, training, or employment be allowed to continue without interruption or disturbance:

(d)Where a child or young person is considered to be in need of care or protection, the principle that, wherever practicable, the necessary assistance and support should be provided to enable the child or young person to be cared for and protected within his or her own family, whanau, hapu, iwi, and family group:

(e)The principle that a child or young person should be removed from his or her family, whanau, hapu, iwi, and family group only if there is a serious risk of harm to the child or young person:

(f)Where a child or young person is removed from his or her family, whanau, hapu, iwi, and family group, the principles that,---

(i)Wherever practicable, the child or young person should be returned to, and protected from harm within, that family, whanau, hapu, iwi, and family group; and

(ii)Where the child or young person cannot immediately be returned to, and protected from harm within, his or her family, whanau, hapu, iwi, and family group, until the child or young person can be so returned and protected he or she should, wherever practicable, live in an appropriate family-like setting---

(A)That, where appropriate, is in the same locality as that in which the child or young person was living; and

(B)In which the child's or young person's links with his or her family, whanau, hapu, iwi, and family group are maintained and strengthened; and

(iii)Where the child or young person cannot be returned to, and protected from harm within, his or her family, whanau, hapu, iwi, and family group, the child or young person should live in a new family group, or (in the case of a young person) in an appropriate family-like setting, in which he or she can develop a sense of belonging, and in which his or her sense of continuity and his or her personal and cultural identity are maintained:

(g)Where a child or young person cannot remain with, or be returned to, his or her family, whanau, hapu, iwi, and family group, the principle that, in determining the person in whose care the child or young person should be placed, priority should, where practicable, be given to a person---

(i)Who is a member of the child's or young person's hapu or iwi (with preference being given to hapu members), or, if that is not possible, who has the same tribal, racial, ethnic, or cultural background as the child or young person; and

(ii)Who lives in the same locality as the child or young person:

(h)Where a child or young person cannot remain with, or be returned to, his or her family, whanau, hapu, iwi, and family group, the principle that the child or young person should be given an opportunity to develop a significant psychological attachment to the person in whose care the child or young person is placed:

(i)Where a child is considered to be in need of care or protection on the ground specified in section 14 (1) (e) of this Act, the principle set out in section 208 (g) of this Act.

Cf. 1974, No. 72, s. 4

Definition of Child or Young Person in Need of Care or Protection

14Definition of child or young person in need of care or protection

(1)A child or young person is in need of care or protection within the meaning of this Part of this Act if---

(a)The child or young person is being, or is likely to be, harmed (whether physically or emotionally or sexually), ill-treated, abused, or seriously deprived; or

(b)The child's or young person's development or physical or mental or emotional wellbeing is being, or is likely to be, impaired or neglected, and that impairment or neglect is, or is likely to be, serious and avoidable; or

(c)Serious differences exist between the child or young person and the parents or guardians or other persons having the care of the child or young person to such an extent that the physical or mental or emotional wellbeing of the child or young person is being seriously impaired; or

(d)The child or young person has behaved, or is behaving, in a manner that---

(i)Is, or is likely to be, harmful to the physical or mental or emotional wellbeing of the child or young person or to others; and

(ii)The child's or young person's parents or guardians, or the persons having the care of the child or young person, are unable or unwilling to control; or

(e)In the case of a child of or over the age of 10 years and under 14 years, the child has committed an offence or offences the number, nature, or magnitude of which is such as to give serious concern for the wellbeing of the child; or

(f)The parents or guardians or other persons having the care of the child or young person are unwilling or unable to care for the child or young person; or

(g)The parents or guardians or other persons having the care of the child or young person have abandoned the child or young person; or

(h)Serious differences exist between a parent, guardian, or other person having the care of the child or young person and any other parent, guardian, or other person having the care of the child or young person to such an extent that the physical or mental or emotional wellbeing of the child or young person is being seriously impaired; or

(i)The ability of the child or young person to form a significant psychological attachment to the person or persons having the care of the child or young person is being, or is likely to be, seriously impaired because of the number of occasions on which the child or young person has been in the care or charge of a person (not being a person specified in subsection (2) of this section) for the purposes of maintaining the child or young person apart from the child's or young person's parents or guardians.

(2)The persons referred to in subsection (1) (i) of this section are as follows:

(a)Any person who has custody of the child or young person pursuant to the order of any Court, whether or not that Court is a Court within the meaning of this Act:

(b)Any person who has the child or young person in that person's care---

(i)Pursuant to an agreement under section 139 or section 140 or section 141 or section 142 of this Act; or

(ii)For the purpose of adoption, and the requirements of section 6 of the Adoption Act 1955 are being complied with:

(c)Any person who is caring for the child or young person in---

(i)Any residential accommodation provided for children or young persons by a registered school within the meaning of the Education Act 1964:

(ii)A licensed private hospital:

(iii)An institution under the control of the Department of Health, an Area Health Board, or a Hospital Board:

(iv)An institution within the meaning of the Area Health Boards Act 1983 or the Hospitals Act 1957:

(v)A hospital within the meaning of the Mental Health Act 1969.

Cf. 1974, No. 72, s. 27 (2); 1977, No. 126, s. 7 (1)

Reporting of Child Abuse

15Reporting of ill-treatment or neglect of child or young person

Any person who believes that any child or young person has been, or is likely to be, harmed (whether physically, emotionally, or sexually), ill-treated, abused, neglected, or deprived may report the matter to a Social Worker or a member of the Police.

16Protection of person reporting ill-treatment or neglect of child or young person

No civil, criminal, or disciplinary proceedings shall lie against any person in respect of the disclosure or supply or the manner of the disclosure or supply, by that person pursuant to section 15 of this Act of information concerning a child or young person (whether or not that information also concerns any other person), unless the information was disclosed or supplied in bad faith.
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

17Investigation of report of ill-treatment or neglect of child or young person

(1)Where any Social Worker or member of the Police receives a report pursuant to section 15 of this Act relating to a child or young person, that Social Worker or member of the Police shall, as soon as practicable after receiving the report, undertake or arrange for the undertaking of such investigation as may be necessary or desirable into the matters contained in the report and shall, as soon as practicable after the investigation has commenced, consult with a Care and Protection Resource Panel in relation to the investigation.
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

(2)Where, after an investigation under subsection (1) of this section into the matters contained in a report under section 15 of this Act, the Social Worker or member of the Police to whom the report was made reasonably believes that the child or young person to whom the report relates is in need of care or protection, that Social Worker or member of the Police shall, as soon as practicable, notify a Care and Protection Co-ordinator or those matters in accordance with section 18 of this Act.

(3)Where any person receives a report pursuant to section 15 of this Act relating to a child or young person, that person shall, as soon as practicable after---

(a)That report is investigated under subsection (1) of this section; or

(b)A decision is made not to investigate the report,---

unless it is impracticable or undesirable to do so, inform the person who made the report whether or not the report has been investigated and, if so, whether any further action has been taken with respect to it.

18Referral of care or protection cases to Care and Protection Co-ordinator or Youth Justice Co-ordinator by Social Workers or members of the Police

(1)Where any Social Worker or member of the Police believes, after inquiry, that any child or young person is in need of care or protection (other than on the ground specified in section 14 (1) (e) of this Act), that Social Worker or member of the Police shall forthwith report the matter to a Care and Protection Co-ordinator, who shall convene a family group conference in accordance with section 20 of this Act.

(2)Where any Social Worker suspects that any child is in need of care or protection on the ground specified in section 14 (1) (e) of this Act, that Social Worker may refer the matter to the appropriate enforcement agency.

(3)Where any enforcement officer believes, after inquiry, that any child is in need of care or protection on the ground specified in section 14 (1) (e) of this Act, that enforcement officer shall forthwith report the matter to a Youth Justice Co-ordinator, who after consulting with that enforcement officer, and if that enforcement officer believes that the making of an application for a declaration under section 67 of this Act in respect of that child is required in the public interest, shall convene a family group conference in accordance with section 247 of this Act.

19Referral of care or protection cases to Care and Protection Co-ordinator by other persons or by Court

(1)Where---

(a)After inquiry, any body or organisation (including a Government department or other agency of the Crown, or a local authority) concerned with the welfare of children and young persons; or

(b)In any proceedings, any Court---

believes that any child or young person is in need of care or protection on one or more of the grounds specified in section 14 (1) of this Act, that body, organisation, or Court may refer the matter to a Care and Protection Co-ordinator.
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

(1A)Every referral pursuant to subsection (1) of this section shall be accompanied by---

(a)A statement of the reasons for believing that the child or young person to whom the referral relates is in need of care or protection; and

(b)Particulars sufficient to identify an person, body, or organisation that might be contacted to substantiate that belief; and

(c)A statement indicating whether or not the referral is being made with the consent or knowledge of---

(i)The parents or guardians or other persons having the care of the child or young person to whom the referral relates; or

(ii)The family, whanau, or family group of that child or young person; and

(d)Any recommendation as to the course of action the Care and Protection Co-ordinator might take in respect of the referral."

(inserted by the Children, Young Persons, and Their Families Amendment Act 1994)

(2)Every Care and Protection Co-ordinator to whom a case is referred pursuant to subsection (1) of this section shall, where it appears to that Care and Protection Co-ordinator to be necessary to do so,---

(a)Except where paragraph (b) of this subsection applies, convene a family group conference in accordance with section 20 of this Act; or

(b)Where the child is believed to be in need of care or protection on the ground specified in section 14 (1) (e) of this Act, report the matter to the appropriate enforcement agency; or

(c)Take such other action as is appropriate in the circumstances.

(3)For the purposes of determining whether or not it is necessary to convene a family group conference pursuant to subsection (2) (a) of this section, a Care and Protection Co-ordinator may arrange for a case to be investigated by a Social Worker.

(4)Every Care and Protection Co-ordinator to whom a case is referred pursuant to subsection (1) of this section by a Court shall,---

(a)Within 28 days after receiving that referral, furnish to the Court a written report stating---

(i)What action (if any) has been taken with respect to the case as a result of the referral; and

(ii)If any such action has been taken, whether that action has resolved the matter, and, if so, how that matter has been resolved; and

(iii)What further action (if any) is proposed with respect to the case, and, if any such action is likely to be completed; and

(b)Subject to paragraph (c) of this subsection, where the report furnished pursuant to paragraph (a) of this subsection indicates that further action is proposed with respect to the case, within 28 days of the furnishing of that report, furnish to the Court a written report stating---

(i)What progress (if any) has been made with respect to that action; and

(ii)When that action is likely to be completed; and

(c)Where the report furnished pursuant to paragraph (a) of this subsection indicates that further action is proposed with respect to the case, on the completion of that action, furnish to the Court a written report stating whether that action has resolved that matter, and, if so, how that matter has been resolved.

(inserted by the Children, Young Persons, and Their Families Amendment Act 1994)

Family Group Conferences

20Convening of family group conferences

Where, pursuant to this Part of this Act, a Care and Protection Co-ordinator is authorised or required to convene or reconvene a family group conference, that Care and Protection Co-ordinator shall, subject to section 21 of this Act, fix the date on which and the time and place at which the conference is to be held.

21Care and Protection Co-ordinator to consult family, whanau, or family group on convening of family group conference

Every Care and Protection Co-ordinator shall, before convening any family group conference pursuant to this Part of this Act in respect of any child or young person,---

(a)Consult with a Care and Protection Resource Panel; and

(b)Make all reasonable endeavours to consult with the and child's or young person's family, whanau, or family group in relation to---

(i)The date on which, and the time and place at which, the conference is to be held; and

(ii)The persons who should attend the conference; and

(iii)The procedure to be adopted at the conference,---

and, subject to section 22 of this Act, shall, so far as it is practicable and consistent with the principles of this Act, give effect to the wishes of the child's or young person's family, whanau, or family group in relation to those matters.

22Persons entitled to attend family group conference

(1)Subject to subsection (2) of this section, the following persons are entitled to attend a family group conference convened under this Part of this Act:

(a)The child or young person in respect of whom the conference is held, unless the Care and Protection Co-ordinator convening the conference is of the opinion that---

(i)The attendance of that child or young person would not be in the interests of that child or young person, or would, for any other reason, be undesirable; or

(ii)The child or young person would be unable, by reason of its age or level of maturity, to understand the proceedings:

(b)Every person who is---

(i)A parent or guardian of, or a person having the care of, that child or young person; or

(ii)A member of the family, whanau, or family group of the child or young person,---

unless the Care and Protection Co-ordinator convening the conference is of the opinion that that person's attendance would not be in the interests of the child or young person, or would be undesirable for any other reason:

(c)The Care and Protection Co-ordinator who is convening the conference, or any Care and Protection Co-ordinator who is acting for that person:

(d)Where the conference has been convened on the basis of a report under section 18 (1) of this Act from a Social Worker or a member of the Police, that Social Worker or member of the Police, or any Social Worker or member of the Police who is acting for that person:

(e)Where the conference has been convened on the basis of a referral of a matter under section 19 (1) (a) of this Act by any body or organisation, a representative of that body or organisation:

(f)Where the conference has been convened or reconvened, for the purposes of section 145 of this Act, in respect of a child or young person, a representative of the person who has the care of that child or young person pursuant to an agreement to which that section applies, or who it is proposed should have the care of that child or young person pursuant to such an agreement:

(g)Where the child or young person is under the guardianship of the High Court pursuant to section 9 of the Guardianship Act 1968, any person appointed as agent for the Court pursuant to that section, or any representative of that person:

(h)Any barrister or solicitor or lay advocate representing the child or young person:

(i)Any person whose attendance at that conference is in accordance with the wishes of the family, whanau, or family group of the child or young person as expressed under section 21 of this Act.

(2)No person to whom paragraph (c) or paragraph (d) or paragraph (e) or paragraph (f) or paragraph (h) of subsection (1) of this section applies is entitled to be present at any family group conference during any discussions or deliberations held among the members of the family, whanau, or family group of the child or young person in respect of whom the conference is held, unless those members request any such person to bse present.

23Care and Protection Co-ordinator to ensure that relevant information and advice made available to family group conference

(1)Every Care and Protection Co-ordinator who convenes a family group conference under this Part of this Act shall take all reasonable steps to ensure that all information and advice required by the conference to carry out its functions are made available to the conference.

(2)Subject to section 22 of this Act, where it is appropriate for any person (including a member of a Care and Protection Resource Panel) to attend a family group conference for the purpose of conveying to that conference any information or advice required by the conference to carry out its functions, that person may attend that conference for that purpose, but may otherwise attend the conference only with the agreement of the conference.

24Care and Protection Co-ordinator to ascertain views of persons unable to attend family group conference

(1)Every Care and Protection Co-ordinator who convenes a family group conference under this Part of this Act shall take all reasonable steps to ascertain the views of the following persons in relation to the matters to be considered at the conference:

(a)Any person who is excluded from attendance at the conference pursuant to paragraph (a) (i) or paragraph (b) of section 22 (1) of this Act:

(b)Any person who is entitled to attend the conference but who has notified the Care and Protection Co-ordinator that he or she or it is unable, for any reason, to do so.

(2)Where, in respect of any family group conference, a Care and Protection Co-ordinator ascertains the views of any person pursuant to subsection (1) of this section, that Co-ordinator shall ensure that those views are made known at that conference.

25Notification of convening of family group conference

(1)Subject to subsection (2) of this section, every Care and Protection Co-ordinator who convenes a family group conference under this Part of this Act shall take all reasonable steps to ensure that notice of the date on which, and the time and place at which, the conference is to be held is given to every person who is entitled to attend that conference.

(2)No notice is required to be given pursuant to subsection (1) of this section to any person whose whereabouts cannot, after reasonable enquiries, be ascertained.

(3)Every notice required by subsection (1) of this section shall be given a reasonable time before the conference is to be held.

(4)Failure to notify any person in accordance with this section shall not affect the validity of the proceedings of a family group conference unless it is shown that the failure is likely to have materially affected the outcome of that conference.

26Procedure at family group conference

(1)Subject to this Part of this Act, a family group conference may regulate its procedure in such manner as it thinks fit.

(2)Subject to section 5 (f),of this Act, a family group conference may from time to time be adjourned to a time and place determined by the conference.

27Department to provide administrative services to family group conference

The Department shall provide such administrative services as may be necessary to enable a family group conference to discharge its functions.

28Functions of family group conference

The functions of a family group conference convened under this Part of this Act are as follows:

(a)To consider, in relation to the child or young person in respect of whom the conference was convened, such matters relating to the care or protection of that child or young person as the conference thinks fit:

(b)Where the conference considers that the child or young person in respect of whom it was convened is in need of care or protection, to make such decisions or recommendations, and to formulate such plans, in relation to that child or young person as the conference considers necessary or desirable, having regard to the principles set out in sections 5, 6, and 13 of this Act:

(c)To review from time to time---

(i)The decisions and recommendations made, and the plans formulated, by that conference:

(ii)The implementation of any such decisions, recommendations, and plans.

29Family group conference may make decisions and recommendations and formulate plans

(1)A family group conference convened under this Part of this Act may make such decisions and recommendations and formulate such plans as it considers necessary or desirable in relation to the care or protection of the child or young person in respect of whom the conference was convened.

(2)In making such decisions and recommendations and formulating such plans, the conference shall have regard to the principles set out in sections 5, 6, and 13 of this Act.

(3)Every Care and Protection Co-ordinator who convenes a family group conference shall cause to be made a written record of the details of the decisions and recommendations made, and the plans formulated, by that conference pursuant to this section.

30Care and Protection Co-ordinator to seek agreement to decisions, recommendations, and plans of family group conference

(1)Where a family group conference makes any decision or recommendation, or formulates any plan, pursuant to section 29 (1) of this Act or subsection (4) of this section, the Care and Protection Co-ordinator who convened that conference shall,---

(a)Where the conference was convened under section 18 (1) of this Act on the basis of a report from a Social Worker or a member of the Police,---

(i)Communicate that decision, recommendation, or plan to that Social Worker or member of the Police (or any person acting for that Social Worker or that member of the Police), and to every person who will be directly involved in the implementation of the decision, recommendation, or plan; and

(ii)Seek the agreement of that Social Worker or member of the Police (or any person acting for that Social Worker or that member of the Police), and of every other person to whom that decision, recommendation, or plan is communicated pursuant to subparagraph (i) of this paragraph, to that decision, recommendation, or plan:

(b)Where the conference was convened under section 19 (2) (a) of this Act on the basis of a referral from any body, organisation, or Court,---

(i)Communicate that decision, recommendation, or plan to that body, organisation, or Court, and to every person who will be directly involved in the implementation of that decision, recommendation, or plan; and

(ii)Seek the agreement of that organisation or body, and of every other person (other than a Court) to whom that decision, recommendation, or plan is communicated pursuant to subparagraph (i) of this paragraph, to that decision, recommendation, or plan.

(2)Where, pursuant to paragraph (a) (i) or paragraph (b) (i) of subsection (1) of this section, a Care and Protection Co-ordinator meets with any person, body, organisation, or Court for the purpose of communicating to that person, body, organisation, or Court any decision, recommendation, or plan made or formulated by a family group conference, the Care and Protection Co-ordinator may be accompanied by a person nominated by that family group conference.

(3)Where a Care and Protection Co-ordinator is unable to secure agreement, under subsection (1) of this section, to a decision recommendation, or plan made or formulated by a family group conference, the Care and Protection Co-ordinator may, for the purpose of enabling that conference to reconsider that decision, recommendation, or plan, reconvene that conference.

(4)Any family group conference reconvened under subsection (3) of this section may confirm, rescind, or modify its previous decision, recommendation, or plan, or rescind its previous decision, recommendation, or plan and make or formulate a new decision, recommendation, or plan.

(5)Any decision, recommendation, or plan confirmed or modified under subsection (4) of this section, and any new decision, recommendation, or plan made or formulated under that subsection, shall be deemed to have been made or formulated pursuant to section 29 of this Act.

31Procedure where no agreement possible

(1)Where---

(a)The members of a family group conference are unable to agree on what decisions, recommendations, or plans should be made in relation to the child or young person in respect of whom the conference was convened; or

(b)A Care and Protection Co-ordinator is unable to secure agreement under section 30 of this Act to the decisions, recommendations, and plans made or formulated by a family group conference,---

the Care and Protection Co-ordinator who convened the conference---

(c)Shall,---

(i)Where the conference was convened under section 18 (1) of this Act on the basis of a report from a Social Worker or a member of the Police, make a report on the matter to that Social Worker or member of the Police; or

(ii)In any other case, report the matter to a Social Worker:

(d)Shall, where proceedings have been commenced under this Act in any Court in relation to the child or young person in respect of whom the conference was convened, report the matter to that Court:

(e)Shall, in every case, consult with a Care and Protection Resource Panel.

(2)Where a Care and Protection Co-ordinator makes a report, under subsection (1) (c) (i) or (ii) of this section, to any Social Worker or member of the Police, that Social Worker or member of the Police may take such action under this Act as that person considers appropriate.

32Records of decisions, recommendations, and plans of family group conferences to be made available to interested persons

(1)Every Care and Protection Co-ordinator who convenes a family group conference under this Part of this Act shall ensure that a copy of every record made pursuant to section 29 (3) of this Act in relation to that conference is given or sent to---

(a)The child or young person in respect of whom the conference was convened, unless the child or young person would be unable, by reason of its age or level of maturity, to understand the contents of the record; and

(b)Every person who is a parent or guardian of that child or young person or has the care of that child or young person; and

(c)Any barrister or solicitor or lay advocate representing the child or young person; and

(d)Any other person who is or will be directly affected by any decision, recommendation, or plan detailed in that record; and

(e) Where there is an appropriate Iwi Social Service or Cultural Social Service with respect to the child or young person, that Social Service; and
((amended by the Children, Young Persons, and Their Families Amendment Act 1994)

(f)The appropriate Care and Protection Resource Panel.

(2)Where any child or young person is the subject of any proceedings under this Act before any Court, a copy of the record made pursuant to section 29 (3) of this Act in respect of any family group conference held in relation to that child or young person shall be made available to that Court.

33Department to maintain records of proceedings of family group conferences

(1)Every written record made pursuant to section 29 (3) of this Act in relation to a family group conference shall be kept at the District Office of the Department nearest to where the conference is held.

(2)The following persons shall have access to any such record:

(a)Any person to whom a copy of that record is required to be sent pursuant to section 32 of this Act:

(b)Any Care and Protection Co-ordinator:

(c)Any Social Worker:

(d)Any other person who, in the opinion of a Care and Protection Co-ordinator, has a genuine and proper interest in the matter.

(3)Nothing in this section limits or affects the official Information Act 1982.

34Director-General to give effect to decisions, recommendations, and plans of family group conference

(1)The Director-General shall consider every decision, recommendation, or plan that is made or formulated by a family group conference pursuant to this Part of this Act (other than a decision, recommendation, or plan to which the agreement of a Social Worker is not secured under section 30 of this Act), and, unless it is clearly impracticable or clearly inconsistent with the principles set out in sections 5, 6, and 13 of this Act, shall give effect to that decision, recommendation or plan by the provision of such services and resources, and the taking of such action and steps, as are necessary and appropriate in the circumstances of the particular case.

(2)The Director-General may, from time to time, make such grants or provide such financial assistance as may be necessary to give effect to any decision, recommendation, or plan made or formulated by a family group conference pursuant to this Part of this Act.

35Police to comply with decisions, recommendations, and plans of family group conference

Where---

(a)Any decision, recommendation, or plan is made or formulated by a family group conference; and

(b)Agreement to that decision, recommendation, or plan has been secured under section 30 of this Act; and

(c)The implementation of that decision, recommendation, or plan involves any action on the part of the Police,---

unless it is clearly impracticable or clearly inconsistent with the principles set out in sections 5, 6, and 13 of this Act to do so, it is the duty of the Police to give effect to that decision, recommendation, or plan by the taking of such action and steps as are necessary and appropriate in the circumstances of the particular case.

36Family group conference may reconvene to review its decisions, recommendations, and plans

(1)Where any decision, recommendation, or plan is made or formulated by a family group conference pursuant to this Part of this Act, the Care and Protection Co-ordinator who convened that conference may from time to time, at that Co-ordinator's own motion or at the request of at least 2 members of that conference, reconvene that conference for the purpose of reviewing that decision, recommendation, or plan.

(2)Sections 20 to 35 of this Act shall apply, with all necessary modifications, with respect to every family group conference reconvened under this section.

37Proceedings of family group conference privileged

(1)No evidence shall be admissible in any Court, or before any person acting judicially, of any information, statement, or admission disclosed or made in the course of a family group conference.

(2)Nothing in subsection (1) of this section applies to a record made by a Care and Protection Co-ordinator under section 29 (3) of this Act.

38Proceedings of family group conference not to be published

(1)Subject to subsection (2) of this section, no person shall publish any report of the proceedings of any family group conference.

(2)Nothing in subsection (1) of this section applies to the publication of---

(a)Statistical information relating to family group conferences:

(b)The results of any bona fide research relating to family group conferences.

(3)In no case shall it be lawful to publish, in any report of the proceedings of any family group conference, any particulars that are identifiable by any person (other than the person to whom those particulars relate) as particulars relating to any particular person who was the subject of, or a participant in, that family group conference.

(4)Every person who contravenes subsection (1) or subsection (3) of this section commits an offence and is liable on summary conviction,---

(a)In the case of an individual, to a fine not exceeding $2,000:

(b)In the case of a body corporate, to a fine not exceeding $10,000.

Powers to Remove Child or Young Person

39Place of safety warrants

(1)Any District Court Judge or, if no District Court Judge is available, any Justice or any Registrar (not being a member of the Police), who, on application in writing made on oath, is satisfied that there are reasonable grounds for suspecting that a child or young person is suffering, or is likely to suffer, ill-treatment, neglect, deprivation, abuse, or harm may issue a warrant authorising any member of the Police or a Social Worker, either by name or generally, to search for the child or young person.

(2)An application for a warrant under subsection (1) of this section may be made by a member of the Police or a Social Worker.

(3)Any person authorised by warrant under this section to search for any child or young person may---

(a)Enter and search, by force if necessary, any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place:

(b)If that person believes, on reasonable grounds, that the child or young person has suffered, or is likely to suffer, ill-treatment, serious neglect, abuse, serious deprivation, or serious harm,---

(i)Remove or detain, by force if, necessary, the child or young person and place the child or young person in the custody of the Director-General; or

(ii)Where the child or young person is in a hospital, direct the Medical Superintendent of that hospital to keep that child or young person in that hospital.

(4)Where any direction is issued pursuant to subsection (3) (b) (ii) of this section in respect of any child or young person, that child or young person shall be deemed to have been placed in the custody of the Director-General pursuant to this section.

Cf. 1974, No. 72, s. 7 (1)-(3)

40Warrant to remove child or, young person

(1)Where an application for a declaration under section 67 of this Act has been made in respect of a child or young person, any District Court Judge or, if no District Court Judge is available, any Justice or any Registrar (not being a member of the Police), may, on application in writing made on oath, where there are reasonable grounds for believing that the child or young person is---

(a)Suffering, or is likely to suffer, ill-treatment, serious neglect, abuse, serious deprivation, or serious harm; or

(b)So seriously disturbed as to be likely---

(i)To act in a manner harmful to the child or young person or any other person; or

(ii)To cause serious damage to property,---

issue a warrant authorising any member of the Police or a Social Worker, either by name or generally, to search for the child or young person.

(2)An application for a warrant under subsection (1) of this section may be made by a member of the Police or a Social Worker.

(3)The alleged commission of an offence shall not of itself be sufficient grounds for the issue of a warrant under this section.

(4)Any person authorised by warrant under this section to search for any child or young person may---

(a)Enter and search, by force if necessary, any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place:

(b)Either---

(i)Remove or detain, by force if necessary, the child or young person and place the child or young person in the custody of the Director-General; or

(ii)Where the child or young person is in a hospital, direct the Medical Superintendent of that hospital to keep that child or young person in that hospital.

(5)Where any direction is issued pursuant to subsection (4) (b) (ii) of this section in respect of any child or young person, that child or young person shall be deemed to have been placed in the custody of the Director-General pursuant to this section.

Cf. 1974, No. 72, s. 28 (1)-(3)

41Person executing warrant to produce evidence of authority and identity

(deleted by the Children, Young Persons, and Their Families Amendment Act 1996)

42Search without warrant

(1)Any member of the Police who believes on reasonable grounds that it is critically necessary to protect a child or young person from injury or death may, without warrant,---

(a)Enter and search, by force if necessary, any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place:

(b)Remove or detain, by force if necessary, the child or young person and place the child or young person in the custody of the Director-General.

(2)Every member of the Police who exercises any powers conferred by subsection (1) of this section shall, on first entering any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place, and if requested, at any subsequent time,---

(a)Produce evidence of identity; and

(b)Disclose that those powers are being exercised under this section.

(3)A member of the Police who exercises the power conferred by subsection (1) of this section shall, within 3 days after the day on which the power is exercised, forward to the Commissioner of Police written report on the exercise of the power and the circumstances in which it came to be exercised.

Cf. 1974, No. 72, s. 8

43Placement of child or young person placed in custody of Director-General

(1)Subject to subsection (2) of this section, where a child or young person is placed in the custody of the Director-General pursuant to section 39 or section 40 or section 42 of this Act, the Director-General may place the child or young person with---

(a)A parent or guardian of the child or young person; or

(b)Any other person who previously had the care of the child or young person; or

(c)Any member of the child's or young person's family, whanau, or family group; or

(d)Any person approved by a Social Worker.

(2)If it is not practicable or appropriate to place the child or young person with any of the persons specified in any of paragraphs (a) to (d) of subsection (1) of this section, the Director-General may place the child or young person in a residence.

(3)Where a child or young person is placed in the custody of the Director-General pursuant to section 39 or section 40 or section 42 of this Act, the Director-General may, at any time, release the child or young person from that custody.

44Parent or guardian may apply for release of or access to child or young person

(1)Where a child or young person is placed in the custody of the Director-General pursuant to section 39 or section 40 or section 42 of this Act, any parent or guardian or other person previously having the care of the child or young person may apply to the Court for the release of that child or young person, or for access to that child or young person while he or she is in the custody of the Director-General, and the Court may make any order that it is empowered to make under section 46 of this Act.

(2)An application may be made under subsection (1) of this section at any time before the child or young person is released from the custody of the Director-General or is brought before the Court in accordance with section 45 of this Act.

45Child or young person placed in custody of Director-General to be brought before Court within 5 days unless sooner released

A child or young person who is placed in the custody of the Director-General pursuant to section 39 or section 40 or section 42 of this Act---

(a)Shall be brought before the Court not later than the 5th day after the date on which that child or young person is so placed, unless, before that day,---

(i)The child or young person is released from that custody; or

(ii)An order is made under section 78 of this Act with respect to the custody of that child or young person:

(b)May be kept in the custody of the Director-General until the child or young person is brought before the Court in accordance with paragraph (a) of this section, or for such further period as may be directed by a Family Court Judge.

46Powers of Court where application made under section 44 or child or young person brought before Court under section 45

Where an application is made to the Court under section 44 of this Act, or a child or young person is brought before the Court pursuant to section 45 of this Act, the Court may---

(a)Make an order---

(i)Directing that the child or young person be released from custody; and

(ii)Subject to any order in force under the Guardianship Act 1968 and relating to the custody of the child or young person, directing that the child or young person be returned to the custody of such person as the Court thinks fit:

(b)If an application for a declaration under section 67 of this Act has been made in respect of the child or young person, make an order under section 78 of this Act relating to the custody of the child or young person pending the determination of the application:

(c)Make any order that it is empowered to make under section 121 of this Act.

47Social Worker or member of Police to furnish report to Commissioner where child or young person released before required to be brought before Court

(1)Where---

(a)A child or young person is placed in the custody of the Director-General pursuant to section 39 or section 40 or section 42 of this Act; and

(b)The child or young person is released from that custody before the child or young person is required by section 45 (a) of this Act to be brought before the Court,---

the Social Worker or member of the Police who placed the child or young person in that custody shall, as soon as practicable after the release of the child or young person, send to the Commissioner a report containing the details required by subsection (2) of this section.

(2)The details to be included in a report required by subsection (1) of this section in relation to the placing of a child or young person in the custody of the Director-General are as follows:

(a)Where the child or young person was placed in the custody of the Director-General pursuant to a warrant issued under section 39 or section 40 of this Act, the grounds on which that warrant was issued and the reasons why the child or young person was so placed:

(b)Where the child or young person was placed in the custody of the Director-General pursuant to section 42 of this Act, the reasons why the child or young person was so placed:

(c)Where and with whom the Director-General placed the child or young person while the child or young person was in the Director-General's custody:

(d)Whether a medical examination of the child or young person was carried out pursuant to section 53 of this Act, and, if so, the findings of that examination:

(e)The reason for releasing the child or young person from the custody of the Director-General:

(f)The details of any further action that the Social Worker or member of the Police has taken, or is proposing to take, in relation to the child or young person.

48Unaccompanied children and young persons

(1)Where a child or young person is found unaccompanied by a parent or guardian or other person who usually has the care of the child or young person in a situation in which the child's or young person's physical or mental health is being, or is likely to be, impaired, a member of the Police may, using such force as may reasonably be necessary, take the child or young person and---

(a)With the consent of the child or young person, deliver the child or young person into the custody of a parent or guardian or other person usually having the care of the child or young person; or

(b)If---

(i)The child or young person does not wish to be returned to a parent or guardian or other person having the care of the child or young person; or

(ii)No parent or guardian or other such person is willing or able to have custody of the child or young person,---place the child or young person in the custody of the Director-General by delivering the child or young person to a Social Worker.

(2)Placement of a child or young person in the custody of the Director-General shall be sufficient authority for the detention of the child or young person by a Social Worker or in a residence under this Act until---

(a)The child or young person agrees to being returned to a parent or guardian or other person usually having the care of the child or young person who is willing to have the care of the child or young person; or

(b)An application is made to the Court for a declaration under section 67 of this Act and the child or young person is brought before the Court for the purpose of determining whether the child or young person is to be held in custody pending the disposal of the application; or

(c)Where the circumstances of the case indicate that the child or young person is, or may be, in need of care or protection, the expiry of 5 days after the day on which the child or young person was placed in custody, or in any other case, 3 days after that date---

whichever first occurs.

(3)In subsections (1) and (2) of this section the term ''young person'' means a person of or over the age of 14 years but under the age of 17 years.
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

Cf. 1974, No. 72, s. 12; 1981, No. 113, s. 50; 1982, No. 135, s. 4

Medical Examination of Child or Young Person

49Court may order medical examination of child or young person

(1)Where the Court is satisfied---

(a)That there are reasonable grounds for suspecting that a child or young person is suffering ill-treatment, abuse, neglect, deprivation, or serious harm; and

(b)That it is expedient that a medical examination of that child or young person be carried out for the purpose of determining whether that suspicion is well-founded,---

the Court may order the child or young person to attend for a medical examination by a registered medical practitioner.

(2)An application for an order under subsection (1) of this section may be made by a Social Worker or a member of the Police.

(3)Every application for an order under subsection (1) of this section shall be served on the barrister or solicitor representing the child or young person and on such other persons as the Court directs.

(4)The following persons shall be entitled to appear and be heard on the hearing of an application under this section:

(a)The applicant:

(b)Any person on whom the application is served:

(c)With the leave of the Court, any other person.

50Ex parte application for order for medical examination

(1)An order may be made under section 49 of this Act on an ex parte application if the Court is satisfied---

(a)That the delay that would be caused by proceeding on notice would or might entail risk to the personal safety of the child or young person who is the subject of the application; or

(b)That proceeding on notice would be likely to prejudice investigations into whether the child or young person is in need of care or protection.

(2)No order may be made under section 49 of this Act on an ex parte application unless the barrister or solicitor representing the child or young person has been given an opportunity to be heard.

(3)Where an order is made under section 49 of this Act on an ex parte application, any person affected by the order may apply at any time for a variation or discharge of the order.

51Court may impose conditions on order for medical examination

Any order under section 49 of this Act may be made on such terms and conditions as the Court thinks fit, including restrictions on the nature of the medical examination that may be carried out and the procedures that may be used to carry out that examination.

52Medical practitioner to prepare report on examination

(1)Every medical practitioner who carries out a medical examination of a child or young person pursuant to an order under section 49 of this Act shall forthwith prepare a written report of the results of that examination and shall supply that report to the Court.

(2)A copy of every report supplied to the Court pursuant to subsection (1) of this section shall be given by the Registrar to---

(a)Every person entitled to appear and be heard on the application to which the report relates:

(b)Any other person whom the Court considers has a proper interest in receiving a copy of the report.

53Medical examination of child or young person at request of Social Worker

(1)This section applies to any child or young person---

(a)In respect of whom a warrant has been issued under section 39 of this Act; or

(b)Who is placed in the custody of the Director-General under that section or under section 40 or section 42 of this Act.

(2)A Social Worker may, with the consent of any parent or guardian of the child or young person, arrange for any child or young person to whom this section applies to be medically examined by a registered medical practitioner.

(3)Where, after making reasonable efforts to do so, a Social Worker does not obtain the consent of a parent or guardian of a child or young person to a medical examination under subsection (2) of this section, a Social Worker may require the child or young person to be medically examined by a registered medical practitioner.

54Child or young person entitled to have adult present

Every child or young person who is medically examined under section 53 of this Act is entitled to have present during that examination one adult---

(a)Who is nominated for that purpose by that child or young person or, if the age or level of maturity of the child or young person makes it impracticable for him or her to make such a nomination, by a Social Worker; and

(b)Who consents to be Present.

55Restrictions on internal examinations and examinations under general anaesthetic

(1)No medical examination carried out under section 53 of this Act shall include any internal examination of the genitals or anus of any child or young person unless---

(a)The medical practitioner carrying out the examination believes that the child or young person may have been subject to recent physical or sexual abuse involving either or both of those parts of the body; and

(b)The child or young person consents to such an examination of that part of the body.

(2)No medical examination carried out under section 53 of this Act shall include any medical procedure that involves the administration of a general anaesthetic to the child or young person.

(3)Nothing in subsection (1) (b) of this section requires the consent of any child or young person to any examination if the age or level of maturity of the child or young person makes it impracticable to obtain such consent.

56Medical practitioner to prepare report on examination

Every medical practitioner who carries out a medical examination of a child or young person under section 53 of this Act shall forthwith prepare a written report of the results of that examination and shall supply that report to the Social Worker by whom the examination was arranged or required, as the case may be.

57Social Worker to make report to Director-General

A Social Worker who exercises the power under section 53 (3) of this Act to require a medical examination to be carried out shall, within 3 days after the day on which that examination is carried out, forward to the Director-General a written report on the exercise of that power and the circumstances in which it came to be exercised.

58Fees for reports prepared under section 52 or section 56

Where any person prepares a report pursuant to section 52 or section 56 of this Act, the fees and expenses of that person shall be paid---

(a)Out of money appropriated by Parliament for the purpose; or

(b)If the Court so decides, by such party or parties to the proceedings as the Court may order.

Production of Documents Relevant to Investigation

59Application for production of documents relevant to investigation of whether child or young person in need of care or protection

(1)Subject to subsection (4) of this section, where---

(a)Any Social Worker or member of the Police believes, on reasonable grounds, that any person has in that person's possession, custody, or power any document that contains, or that the Social Worker or member of the Police considers is likely to contain, information necessary or relevant for the purpose of determining whether any child or young person is in need of care or protection (other than on the ground specified in section 14 (1) (e) of this Act); and

(b)That person has refused to allow that document to be inspected by that Social Worker or member of the Police,---

that Social Worker or member of the Police may apply to the Court for an order requiring that person to produce that document for inspection by that Social Worker or member of the Police.

(2)Subject to section 60 of this Act, notice of an application under subsection (1) of this section for an order for the production of a document shall be given by the applicant to the person in respect of whom the order is sought and to such other person or persons as the Court directs.

(3)The applicant and every person to whom notice of an application under subsection (1) of this section is given shall be entitled to appear and be heard on the hearing of the application.

(4)Nothing in subsection (1) of this section applies in respect of any document the production of which would breach legal professional privilege.

60Ex parte application for order for production of document

(1)An order may be made under section 61 of this Act on an ex parte application if the Court is satisfied that proceeding on notice would be likely to prejudice investigations into whether a child or young person is in need of care or protection.

(2)Where an order is made under section 61 of this Act on an ex parte application, the person in respect of whom the order is made, or any other person affected by the order, may apply at any time for a variation or discharge of the order.

61Court may order document to be produced

(1)Where an application is made under section 59 of this Act for the production of any document, and the Court is satisfied that the document contains information necessary or relevant for the purpose of determining whether any child or young person is in need of care or protection (other than on the ground specified in section 14 (1) (e) of this Act), the Court may, subject to section 59 (4) of this Act, order the person named in the application as the person who has the document in that person's possession, custody, or power to produce that document for inspection by the applicant.

(2)The Court may inspect any document for the purpose of determining whether to make an order under this section for the production of that document, and for that purpose may order that document to be produced to the Court.

(3)Every person commits an offence and is liable on summary conviction to a fine not exceeding $2,000 who, being a person who is ordered pursuant to this section to produce any document, refuses or fails to comply with that order.

62Section 61 to apply notwithstanding any enactment or rule of law

(1)Subject to section 59 (4) of this Act, section 61 of this Act applies notwithstanding any enactment, or any rule of law, that obliges any person to maintain secrecy in relation to, or not to disclose, any matter, and any compliance with that section is not a breach of the relevant obligation of secrecy or non-disclosure or of the enactment or rule of law by which that obligation is imposed.

(2)Subject to section 59 (4) of this Act, no person shall be excused from producing any document under section 61 of this Act---

(a)On the ground that the production of that document could or would tend to incriminate that person or subject that person to any penalty or forfeiture; or

(b)On the ground of any other privilege that could otherwise be claimed by that person in relation to the production of the document in any proceedings in a Court.

63Right to remove, retain, and make copies of document produced under section 61

A Social Worker or member of the Police to whom a document is produced for inspection under section 61 of this Act may---

(a)Remove and retain that document for so long as is necessary for a full inspection of that document:

(b)Make copies of that document.

64Document produced under section 61 not to be used for any other purpose

(1)A Social Worker or member of the Police to whom a document is produced for inspection under section 61 of this Act---

(a)Shall make use of that document, and any copy of that document taken pursuant to section 63 (b) of this Act, only for the purposes of this Part of this Act; and

(b)Except for the purposes of this Part of this Act, shall not disclose that document, or any copy of that document taken pursuant to section 63 (b) of this Act, to any other person.

(2)Every person commits an offence and is liable on summary conviction to a fine not exceeding $2,000 who contravenes subsection (1) of this section.

65Use of documents in subsequent proceedings

(1)No document produced, pursuant to an order under section 61 of this Act, to any Social Worker or member of the Police shall be admissible as evidence in any proceedings under this Act or any other Act if, but for the provisions of section 62 of this Act, that document could not, by virtue of any enactment, rule of law, or privilege, have been ordered to be so produced.

(2)No document or information shall be privileged from being given in evidence in any proceedings under this Act or any other Act, and no objection to the admissibility of any document or information in any such proceedings shall be upheld, merely because the document or information was obtained as a result of the production of any document pursuant to an order under section 61 of this Act.

66Government Departments may be required to supply information

(1)Every Government Department, agent, or instrument of the Crown and every statutory body shall, when required, supply to every Care and Protection Co-ordinator, Social Worker, or member of the Police such information as it has in its possession relating to any child or young person where that information is required---

(a)For the purposes of determining whether that child or young person is in need of care or protection (other than on the ground specified in section 14 (1) (e) of this Act); or

(b)For the purposes of any proceedings under this Part of this Act.

(2)No information obtained pursuant to subsection (1) of this section---

(a)Shall be used for the purposes of investigating any offence:

(b)Shall be admissible as evidence in any proceedings other than proceedings under this Part of this Act.

(3)Nothing in subsection (1) of this section limits or affects the Official Information Act 1982.

Proceedings in Respect of Children and Young Persons in Need of Care or Protection

67Grounds for declaration that child or young person is in need of care or protection

A Court may, on application, where it is satisfied on any of the grounds specified in section 14 (1) of this Act that a child or young person is in need of care or protection, make a declaration that the child or young person is in need of care or protection.

Cf. 1974, No. 72, s. 27 (2); 1977, No. 126, s. 7 (1)

68Application for declaration that child or young person is in need of care or protection

An application for a declaration that a child or young person is in need of care or protection may be made by---

(a)A Social Worker; or

(b)A member of the Police; or

(c)With the leave of the Court, any other person.

Cf. 1974, No. 72, s. 27 (1)

69Joint applications

An application for a declaration that a child or young person is in need of care or protection may be made jointly by a Social Worker or member of the Police and a parent or guardian or other person having the care of the child or young person.

70No application to be made unless family group conference has been held

(1)Subject to subsection (2) of this section, no application for a declaration that a child or young person is in need of care or protection may be made unless a family group conference has been held under this Part of this Act (or, in the case of an application on the ground specified in section 14 (1) (e) of this Act, under Part IV of this Act) in relation to the matter that forms the ground on which the application is made.

(2)Subsection (1) of this section does not apply where---

(a)The child or young person in respect of whom the application is made has been placed in the custody of the Director-General under section 39 or section 42 of this Act; or
(amended by the Children, Young Persons, and Their Families Amendment Act 1989)

(b)The applicant believes that the interests of the child or young person in respect of whom the application is made require that an interim restraining order be granted as a matter of urgency, and an application for such an order is made at the same time as the application; or
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

(ba)An application for a custody order under section 78 of this Act is made at the same time as the application, and the applicant believes,---

(i)Where the application is made on the ground specified in section 14 (1) (e) of this Act,---

(A)That it is not possible to make suitable alternative arrangements for the custody of the child in respect of whom the application is made pending the determination of the application; or

(B)That it is in the public interest that the child be held in custody pending the determination of the application:

(ii)In any other case, that the interests of the child or young person in respect of whom the application is made require that such a custody order be granted as a matter of urgency; or".

(inserted by the Children, Young Persons, and Their Families Amendment Act 1994)

(c)The application is made on the ground specified in section 14 (1) (g) of this Act and, after reasonable enquiries, it is not possible to ascertain the whereabouts of any member of the family, whanau, or family group of the child or young person to whom the application relates.

(3)Where, pursuant to any of paragraphs (a) to (ba) of subsection (2) of this section, an application for a declaration under section 67 of this Act is made without a family group conference having been held, the Registrar shall forthwith refer the application to,---

(a)In the case of an application made on the ground specified in section 14 (1) (e) of this Act, a Youth Justice Co-ordinator; or

(b)In any other case, a Care and Protection Co-ordinator---

for the purposes of convening a family group conference.
(inserted by the Children, Young Persons, and Their Families Amendment Act 1994)

71Court may make declaration in absence of proof of responsibility for neglect or ill-treatment of child or young person

Where---

(a)An application for a declaration that a child or young person is in need of care or protection is made on any of the grounds specified in paragraph (a) or paragraph (b) of section 14 (1) of this Act; and

(b)The Court is satisfied that, but for the failure of the evidence to establish that a parent or guardian of the child or young person or a person having the care of the child or young person is culpable in relation to the harm suffered by the child or young person, the grounds for making the declaration are made out,---

the Court may find those grounds made out.

Cf. 1974, No. 72, s. 29A; 1983, No. 129, s. 6 (1)

72Court not to make declaration unless family group conference held

(1)Subject to subsection (2) of this section, the Court shall not make a declaration under section 67 of this Act that a child or young person is in need of care or protection unless a family group conference has been held under this Part of this Act (or, in the case of an application on the ground specified in section 14 (1) (e) of this Act, under Part IV of this Act) in relation to the matter that forms the ground of the application.

(2)Nothing in subsection (1) of this section applies in respect of any application to which section 70 (2) (c) of this Act applies.

(3)Where an application is made to the Court for a declaration under section 67 of this Act, the Court may, at any stage of the hearing of that application, on the application of any party to the proceedings or of its own motion, direct a Care and Protection Co-ordinator to convene a family group conference in relation to the matter that forms the ground of the application.

73Court not to make declaration unless satisfied that child's or young person's need for care or protection cannot be met by other means

(1)The Court shall not make a declaration under section 67 of this Act that a child or young person is in need of care or protection unless it is satisfied that it is not practicable or appropriate to provide care or protection for the child or young person by any other means, including the implementation of any decision, recommendation, or plan made or formulated by a family relation to that child or young person.

(2)In deciding whether or not to make a declaration under section 67 of this Act that a child or young person is in need of care or protection on any of the grounds specified in paragraph (a) or paragraph (b) of section 14 (1) of this Act, the Court shall take into account, among other things, any evidence before the Court---

(a)That the kind of harm suffered by the child or young person will neither continue nor be repeated:

(b)That a parent or guardian or other person having the care of the child or young person will be capable of ensuring that the kind of harm suffered by the child or young person will be neither continued nor repeated.

Counselling

74Court may require parties to undergo counselling

(1)Where an application is made to the Court for a declaration under section 67 of this Act in relation to a child or young person, the Court may direct all or any of the following persons to participate in counselling of a nature specified by the Court:

(a)The child or young person in respect of whom the application is made:

(b)Any parent or guardian of the child or young person or any person having the care of the child or young person:

(c)Where the application is accompanied by or joined with an application for a restraining order or an interim restraining order, any person in respect of whose conduct that order or interim order is sought.

(2)Where a direction made under subsection (1) of this section does not specify the person who is to undertake the counselling, the direction shall be referred to the Registrar of the Court, and that Registrar shall, on receipt of the direction, refer to an appropriate counsellor the person or persons in respect of whom the direction is given.

(3)In determining, for the purposes of any direction made under subsection (1) of this section, the nature of the counselling and the person who is to carry out the counselling, the Court or Registrar, as the case may be, shall have regard to the views of the person or persons in respect of whom that direction is given.

Cf. 1980, No. 94, s. 10

75Counsellor to arrange meeting and submit report on outcome

(1)Where a direction is made under section 74 (1) of this Act, the counsellor who is to undertake the counselling shall---

(a)Arrange to meet the person or persons in respect of whom the direction is given; or

(b)By letter sent by post request that person or those persons to attend before the counsellor at a specified time and place---

for the purpose of the counselling.

(2)As soon as practicable after a direction is made under section 74 of this Act, the person undertaking the counselling pursuant to that direction shall submit a written report to the Court on the outcome of that counselling.

Cf. 1980, No. 94, s. 11

76Fees

Any fees charged by any counsellor in respect of any counselling carried out pursuant to any direction made under section 74 of this Act shall, to the extent that those fees are reasonable, be paid out of the Consolidated Account from money appropriated by Parliament for the purpose.

77Privilege

(1)No evidence shall be admissible in any Court, or before any person acting judicially, of any information, statement, or admission disclosed or made to any person in the course of carrying out that person's functions as a counsellor pursuant to a direction made under section 74 of this Act.

(2)Except to the extent that it is necessary for a counsellor to do so in the proper discharge of that person's functions, every person who acts as a counsellor pursuant to a direction made under section 74 of this Act commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who discloses to any other person any information, statement, or admission received by or made to that person in the exercise of that person's functions pursuant to such a direction.

Cf. 1980, No. 94, s. 18

Custody of Child or Young Person Pending Determination of Application for
Declaration

78.Custody of child or young person pending determination of proceedings---

(1)In any proceedings in a Court under Part II of this Act in relation to a child or young person, the Court may, on the application of any party to the proceedings, or a barrister or solicitor representing the child or young person, or of its own motion, make an order relating to the custody of the child or young person pending the determination of the proceedings.

(2)Without limiting the generality of subsection (1) of this section, the Court may make an order under that subsection in relation to a child or young person in the following cases:

(a)Where the child or young person has been placed in the custody of the Director-General pursuant to section 39 or section 40 or section 42 of this Act and is brought before the Court pursuant to section 45 of this Act:

(b)Where the Court is satisfied that the child or young person is in need of care or protection for the period of the order:

(c)In the case of an application for a declaration under section 67 of this Act on the ground specified in section 14 (1) (e) of this Act, where---

(i)It is not possible to make suitable alternative arrangements for the custody of the child pending the determination of the application; or

(ii)It is in the public interest that the child be held in custody pending the determination of the application:

(d)Where the Court has made a declaration under section 67 of this Act and has adjourned the proceedings pending their disposition:

(e)Where an application for a variation or discharge of any order (or the variation or discharge of any condition of any order) is made to the Court under section 125 of this Act, at any time before such application is finally disposed of:

(f)Where a report is furnished to the Court pursuant to section 135 of this Act, at any time before the Court has completed its consideration of the report and accompanying revised plan under section 137 of this Act.

(3)An order under subsection (1) of this section may be made on such terms and conditions as the Court thinks fit.

(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

79Persons who may be granted custody under section 78

(1)An order made under section 78 of this Act may place a child or young person in the custody of any of the following persons:

(a)The Director-General:

(b)An Iwi Social Service:
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

(c)A Cultural Social Service:.
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

(d)The Director of a Child and Family Support Service:

(e)Any other person.

(2)The Court shall not make an order under section 78 of this Act placing any child or young person in the custody of any person (other than the Director-General) unless that person consents to the making of the order.

80Effect of order made under section 78

Section 104, section 105 (other than paragraph (a), paragraph (b) (i), and paragraph (c) of subsection (1) of that section), section 106, and section 107 of this Act, so far as applicable and with all necessary modifications, shall apply with respect to every order made under section 78 of this Act as if it were an order made under section 101 of this Act.

81.Placement of child or young person under order made under section 78---

(1)Where, pursuant to an order made under section 78 of this Act, a child or young person is placed in the custody of any person (being the Director-General or an Iwi Social Service or a Cultural Social Service or the Director of a Child and Family Support Service), that order is sufficient authority for that person to place the child or young person---

(a)With a member of the child's or young person's family, whanau, or family group:

(b)Where the child or young person is placed in the custody of the Director-General, in a residence.

(2)Subject to subsection (1) of this section, the person in whose custody a child or young person is so placed may, from time to time, during the currency of the order, change the placement of the child or young person.

Cf. 1974, No. 72. S. 43 (8)

(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

82.Child or young person may be returned to person who previously had care---

(1)This section applies where a child or young person is placed in the custody of the Director-General, an Child and Family Support Service pursuant to an order made under section 78 of this Act.

(2)Subject to subsection (5) of this section, where this section applies, the person in whose custody the child or young person is placed may, at any time before the order expires or is discharged, if that person considers it appropriate to do so, return the child or young person to the custody of the parent or guardian or other person who had the care of the child or young person immediately before the order was made.

(3)The person so returning the child or young person may impose such conditions relating to the supervision of the child or young person as that person thinks fit.

(4)Subject to subsection (5) of this section, where,---

(a)Pursuant to subsection (2) of this section, a child or young person is returned to the custody of another person; and

(b)At any time before the order made under section 78 of this Act expires or is discharged, the person so returning the child or young person considers that it is no longer desirable in the interests of the child or young person that he or she be in the custody of that other person,---

the person may direct that other person to return the child or young person to the custody of that person.

(5)No person shall---

(a)Return a child or young person to the custody of any other person pursuant to subsection (2) of this section; or

(b)Issue a direction under subsection (4) of this section in relation to a child or young person---without first consulting with the barrister or solicitor representing that child or young person.

(6)Where a person gives a direction under subsection (4) of this section,---

(a)Any Social Worker acting under the specific or general authority of that person may---

(i)Remove the child or young person to whom the direction relates, using such force as is reasonably necessary for the purpose; and

(ii)Place the child or young person with such person, or (where the person giving the direction is the Director-General) in such residence, as the person giving the direction thinks fit:

(b)Subsection (2) and (3) of section 105 of this Act shall apply, so far as applicable and with all necessary modifications, in relation to the removal of the child or young person pursuant to the direction.

(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

Orders Under this Part of this Act

83Orders of Court on making of declaration

(1)Where the Court makes a declaration under section 67 of this Act relating to a child or young person, it may do one or more of the following things:

(a)Discharge the child or young person, or any parent or guardian or other person having the care of the child or young person, or both, from the proceedings without further order:

(b)Order that the child or young person, or any parent or guardian or other person having the care of the child or young person, or both, come before the Court, if called upon within 2 years of the making of the order, so that the Court may take further action under this section:

(c)Order one or more of the following persons to receive counselling from such person or persons, and subject to such conditions, as are specified by the Court:

(i)The child or young person:

(ii)Any parent or guardian or other person having the care of the child or young person:

(iii)Any person in respect of whose conduct a restraining order or an interim restraining order was sought or made in the proceedings:

(d)Make a services order under section 86 of this Act:

(e)Make a restraining order under section 87 of this Act:

(f)Make a support order under section 91 of this Act:

(g)Make a custody order under section 101 of this Act:

(h)Make an order under section 110 of this Act appointing a guardian of the child or young person.

(2)Where the Court makes an order under subsection (1) (c) of this section, sections 74 to 77 of this Act shall apply, with all necessary modifications, with respect to that order as if it were a direction made under section 74 (1) of this Act.

Cf. 1974, No. 72, s. 31 (1) (b), (c), (d), (h); 1983, No. 129, s. 7 (1)

84Power to make other orders where declaration made on ground of child's offending

(1)Where the Court makes a declaration under section 67 of this Act in relation to a child, and the declaration is made on the ground specified in section 14 (1) (e) of this Act, the Court may, in addition to or instead of making any order referred to in section 83 (1) of this Act, make any one or more of the following orders:

(a)An order admonishing the child:

(b)Where the Court is satisfied that any person (other than the child) suffered---

(i)Any emotional harm; or

(ii)Any loss of or damage to property---

through or by means of the child's offending, an order directing the child, or any parent or guardian of the child, to pay to the person who suffered the emotional harm or the loss of or damage to property such sum as it thinks fit by way of reparation:

(c)An order directing the child, or any parent or guardian or other person having the care of the child, to deliver to the person who appears to the Court to be entitled to it any property in the possession of the child or in the possession of any person for the child:

(d)An order for the forfeiture of property to the Crown in any case where the forfeiture of that property would have been obligatory or could have been ordered under any enactment applicable to the offence if the child were an adult and had been convicted of an offence by a District Court.

(2)Any sum ordered to be paid pursuant to subsection (1) (b) of this section in respect of the loss of or damage to property shall be limited to the cost of replacement or (as the case may require) the cost of repair, and shall not include any loss or damage of a consequential nature.

(3)No order shall be made under subsection (1) (b) of this section against the Director-General or any other person who has been appointed to be a guardian of the child under section 110 of this Act.

(4)No order shall be made under subsection (1) (b) of this section in respect of the parent or guardian of the child unless that parent or guardian has been informed by the Court of the proposal to make the order and has been given an opportunity to make representations to the Court.

Cf. 1974, No. 72, s. 31 (1) (e), (f), (g); 1985, No. 120, s. 22 (5); 1987, No. 168, s. 4

85Recall to come before Court

(1)Where the Court makes an order under section 83 (1) (b) of this Act, the Court may, at any time during the duration of the order, direct, on the application of---

(a)A Social Worker; or

(b)A member of the Police; or

(c)The applicant in the proceedings in which the order was made,---

the issue to the person in respect of whom the order was made of a summons, in a form prescribed for the purposes of this subsection by rules made under this Act, to appear before the Court.

(2)Where a person appears before the Court on a summons issued under subsection (1) of this section, the Court may consider the matter and after taking into account such factors as may be relevant since the making of the order, exercise any of the powers conferred on it under section 83 or section 84 of this Act except---

(a)The power conferred by section 83 (1) (b) of this Act; and

(b)Where any power conferred by paragraph (b), paragraph (c), or paragraph (d) of section 84 (1) of this' Act was exercised in the first instance, any such power.

Cf. 1974, No. 72, s. 31 (2)

Services Orders

86.Services orders

(1)Where the Court makes a declaration under section 67 of this Act in relation to a child or young person, it may---

(a)Make an order directing the Director-General or any other person or organisation named in the order to provide such services and assistance as may be specified in the order for such period and on such terms and conditions as may be specified to a parent or guardian or other person having the care of the child or young person:

(b)Make an order directing the Director-General or any other person or organisation named in the order to provide such services and assistance as may be specified in the order for such period and on such terms and conditions as may be specified to the child or young person.

(2)The Court shall not make an order under subsection (1) of this section unless the Director-General (where the order is to be directed to the Director-General) or the person or organisation that would be required to provide services and assistance pursuant to the order (in any other case)---

(a)Is given notice of the Court's intention to consider making the order; and

(b)Is given an opportunity to appear and be heard by the Court before the order is made; and

(c)Subject to subsection (3) of this section, consents to the making of the order.

(3)An order directing the Director-General to provide services and assistance may be made under this section without the consent of the Director-General, but only if the Court, after having regard to any reasons advanced on behalf of the Director-General as to why the order should not be made, is satisfied---

(a)That requiring the Director-General to provide those services and assistance is not clearly impracticable; and

(b)That the child or young person in respect of whom the Court proposes to make an order under this section is in the care of a person or organisation clearly consistently with the principles set out in sections 5, 6, and 13 of this Act.

(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

86A.Interim services orders

Where an application is made to the Court for a declaration under section 67 of this Act in relation to a child or young person, the Court may, on application buy the applicant, or a barrister or solicitor representing the child or young person, or of its own motion, make such an order as it is empowered to make under section 86 of this Act pending the determination of the application.

(inserted by the Children, Young Persons, and Their Families Amendment Act 1994)

Restraining Orders

87Restraining orders

(1)Where the Court makes a declaration under section 67 of this Act in relation to a child or young person, it may, on or at any time after making that declaration, make an order restraining any person named in the order from doing all or any of the following things:

(a)Residing with the child or young person:

(b)Using or threatening violence or causing or threatening to cause physical harm to the child or young person:

(c)Molesting the child or young person by watching or besetting the child's or young person's place of residence, work, or education, or by following or waylaying the child or young person in any public place within the meaning of section 2 of the Summary Offences Act 1981, or by contacting the child or young person in any way:

(d)Molesting any person with whom the child or young person is residing by watching or besetting that person's place of residence, work, or education, or by following or waylaying that person in any public place within the meaning of section 2 of the Summary Offences Act 1981, or by contacting that person in any way.

(2)Subject to any rules made under this Act empowering the Court to make an order under this section on an ex parte application, the Court shall not make an order under this section restraining the conduct of any person unless that person has been informed by the Court of the proposal to make the order and has been given an opportunity to make representations to the Court.

88Interim restraining orders

Where an application is made to the Court for a declaration under section 67 of this Act in relation to a child or young person, the Court may, on application by the applicant, or a barrister or solicitor representing the child or young person, or of its own motion, make such an order as it is empowered to make under section 87 of this Act pending the determination of the application.

89Offence to contravene restraining order or interim restraining order

Every person commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months, or to a fine not exceeding $2,000, who does any act in contravention of a restraining order or an interim restraining order.

90When restraining order shall cease to have effect

Where the Court makes an order under section 87 or section 88 of this Act in relation to a child or young person, that order shall cease to have effect when that child or young person attains the age of 20 years or sooner marries.

Support Orders

91Support orders

(1)Where the Court makes a declaration under section 67 of this Act in relation to a child or young person, it may make an order directing the Director-General or any other person or organisation named in the order to provide support to that child or young person for such period (not exceeding 12 months) as is specified in the order.

(2)The Court shall not make an order under subsection (1) of this section unless the Director-General (where the order is to be directed to the Director-General) or the person or organisation that would be required to provide support pursuant to the order (in any other case)---

(a)Is given notice of the Court's intention to consider making the order; and

(b)Is given an opportunity to appear and be heard by the Court before the order is made; and

(c)Subject to subsection (3) of this section, consents to the making of the order.

(3)An order directing the Director-General to provide support may be made under this section without the consent of the Director-General, but only if the Court, after having regard to any reasons advance on behalf of the Director-General as to why the order should not be made, is satisfied---

(a)That requiring the Director-General to provide those services and assistance is not clearly impracticable; and

(b)That the child or young person in respect of whom the Court proposes to make an order under this section is in the care of a person or organisation clearly consistently with the principles set out in sections 5, 6, and 13 of this Act."

(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

92Interim support orders

Where an application is made to the Court for a declaration under section 67 of this Act in relation to a child or young person, the Court may, on application by the applicant, or a barrister or solicitor representing the child or young person, or of its own motion, make such an order as it is empowered to make under section 91 of this Act pending the determination of the application.

93Duty to provide support

Where an order is made under section 91 or section 92 of this Act in relation to a child or young person, it is the duty of the Director-General (where the order is directed to the Director-General) or the person or organisation directed to provide support pursuant to the order (in any other case)---

(a)To monitor the standard of care, protection, and control being provided to, or exercised over, that child or young person; and

(b)To provide, or co-ordinate the provision of, such services and resources (including financial services and resources), whether from the community or otherwise, as will ensure that appropriate care, protection, and control are provided to, or exercised over, that child or young person.

(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

94Duty of Director-General to appoint Social Worker to provide support

Where, pursuant to section 91 or section 92 of this Act, the Director-General is directed to provide support to a child or young person, the Director-General shall from time to time appoint a Social Worker to provide support to the child or young person on behalf of the Director-General. Cf. 1974, No. 72, s. 45A; 1983, No. 129, s. 12 (1)

95Conditions of support order or interim support order

Where the Court makes an order under section 91 or section 92 of this Act directing a person or organisation specified in the order to provide support to a child or young person, the following conditions shall apply:

(a)The Social Worker or person or organisation that is to provide the support may, at all reasonable times, visit and enter the building or place in which the child or young person is living:

(b)The child or young person shall not reside at an address at which, or with a person with whom, that Social Worker or person or organisation has directed the child or young person not to reside:

(c)Every person---

(i)Who is a parent or guardian or other person having the care of the child or young person; and

(ii)With whom the child or young person is residing---shall ensure that the Social Worker or person or organisation knows at all times of the address at which the child or young person is residing for the time being:

(d)In the case of a child or young person in respect of whom a declaration is made on the ground specified in section 14 (1) (d) or (e) of this Act, the child or young person shall not associate with any specified person, or with persons of any specified class, with whom the Social Worker or person or organisation has, in writing, warned the child or young person not to associate.

Cf. 1974, No. 72, s. 46 (1); 1983, No. 129, s. 12 (1)

96Power of Court to impose additional conditions

(1)The Court, in making an order under section 91 or section 92 of this Act directing a person or organisation to provide support to a child or young person, may, in its discretion, impose any or all of the following conditions:

(a)In the case of a child or young person in respect of whom a declaration is made on the ground specified in section 14 (1) (d) or (e) of this Act,---

(i)That the child or young person shall not associate with any specified person or with persons of any specified class:

(ii)That the child or young person attend and remain at, for such weekday, evening, and weekend hours each week and for such number of months as the Court thinks fit, any specified centre that is approved by the Department and that conducts educational, recreational, instructional, cultural, or work programmes, or sporting activity, and take part in such activity as may be required by the person in charge of the centre:

(iii)In the case of a child in respect of whom a declaration is made on the ground specified in section 14 (1) (e) of this Act, such other conditions as the Court thinks fit to reduce the likelihood of further offending by the child:

(b)That the child or young person shall undergo any specified medical examination and treatment or any specified psychological or psychiatric examination, counselling, and therapy:

(c)Such conditions relating to the child's or young person's place of residence as the Court thinks fit.

(2)The Court shall not impose a condition under subsection (1) (a) (ii) of this section without the consent of the child or young person.

Cf. 1974, No. 72, s. 47 (1) (d), (e), (g), (i); 1983, No. 129, s. 12 (1)

97Court may impose conditions in respect of parent, guardian etc., of child or young person

(1)The Court, in making an order under section 91 or section 92 of this Act directing any person or organisation to provide support to a child, or to a young person of or over the age of 14 years and under 16 years, may impose such conditions as the Court thinks fit for the purpose of assisting any parent or guardian or other person having the care of the child or young person, or any other person residing with the child or young person, to carry out their duties and responsibilities and to promote co-operation between the parents or other persons, the child or young person, and the Social Worker or person or organisation that is to provide support to the child or young person.

(2)The Court shall not impose any conditions under subsection (1) of this section unless the parent or guardian or other person having the care of, or residing with, the child or young person has been given an opportunity to make representations to the Court and the Court has regard to those representations.

98Court not to impose condition requiring medical treatment without person's consent

The Court shall not impose any condition under section 96 or section 97 of this Act requiring any person to undergo any medical, psychiatric, or psychological examination or treatment, or any psychological or psychiatric counselling or therapy, unless consent to the examination, treatment, or counselling is given---

(a)In the case of a child or young person under the age of 16 years---

(i)By a parent or guardian (not being the Director-General) of the child or young person; or

(ii)If there is no such parent or guardian in New Zealand or no such parent or guardian can be found with reasonable diligence or is capable of giving consent, by a person in New Zealand who has been acting in the place of a parent; or

(iii)If there is no person in New Zealand who has been so acting, or if no such person can be found with reasonable diligence or is capable of giving consent, by the Court or the Director-General:

(b)In the case of any other person, by that person.

Cf. 1974, No. 72, s. 47 (1) (e); 1983, No. 129, s. 12 (1)

99Person or organisation providing support to child or young person to report to Court

Where, pursuant to section 91 of this Act, any person or organisation is directed to provide support to a child or young person, that person or organisation shall, on the expiry of the period specified in the order, furnish to the Court a report in writing containing an assessment of the effectiveness of the order, the child's or young person's response to it, and such other information as that person or organisation considers relevant.

100Failure to observe conditions of support order

(1)Where the Court makes an order under section 91 or section 92 of this Act directing any person or organisation to provide support to a child or young person, the Director-General or that person or organisation may, in any case where the child or young person or a parent or guardian or other person having the care of, or residing with, the child or young person has failed to comply with a condition of the order (including any condition imposed under section 96 or section 97 of this Act), apply to the Court for a declaration that the child or young person or the parent or guardian or other person having the care of, or residing with, the child or young person has failed to comply with the condition.

(2)The Court may, on any application under subsection (1) of this section, where it is satisfied that any child or young person or any parent or guardian or other person having the care of, or residing with, the child or young person has failed, without reasonable excuse, to comply with the condition of the order, make such a declaration and make any order under section 127 of this Act as if an application had been made under section 125 of this Act in relation to the order.

(3)Every application under this section shall be served on---

(a)The child or young person to whom the order relates; and

(b)Any parent or guardian or other person having the care of the child or young person; and

(c)If the application relates to any person residing with the child or young person, that person.

Cf. 1974, No. 72, s. 48 (1) - (3)

Custody Orders

101Custody orders

(1)Where the Court makes a declaration under section 67 of this Act in relation to a child or young person, it may make an order placing that child or young person in the custody of any of the following persons for such period as may be specified in the order:

(a)The Director-General:

(b) An Iwi Social Service:
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

(c) A Cultural Social Service:
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

(d)The Director of a Child and Family Support Service:

(e)Any other person.

(2)Any such order may be made on such terms and conditions as the Court thinks fit.

(3)The Court shall not make an order under subsection (1) of this section placing any child or young person in the custody of any person (other than the Director-General) unless that person consents to the making of the order.

102Interim custody orders

(1)Where the Court makes a declaration under section 67 of this Act, it may, instead of making a final order under section 101 of this Act, make an interim custody order under that section.

(2)No interim custody order made pursuant to this section shall continue in force for more than 6 months after the date on which it is made.

(3)Where an interim custody order is made pursuant to this section, the Court may, on application by any person who was the applicant in the proceedings in which the order was made, or any person on whom the application in those proceedings was served in accordance with section 152 of this Act, or the person in whose custody the child or young person was placed,---

(a)Make one but only one further interim custody order under section 101 of this Act; or

(b)Make a final order under that section; or

(c)Make such other order referred to in section 83 (1) or section 84 (1) of this Act as the Court thinks fit; or

(d)Dismiss the application.

103Court may impose conditions to facilitate return of child or young person

Where the Court makes an order under section 101 of this Act placing a child or young person in the custody of the Director-General or an Iwi Social Service or a Cultural Social Service or the Director of a Child and Family Support Service, it may impose such conditions as it thinks fit for the purpose of facilitating the return of the child or young person to the parents or guardians or other persons previously having the care of the child or young person. (amended by the Children, Young Persons, and Their Families Amendment Act 1994)

104Effect of custody order

(1)Where the Court makes an order under section 101 of this Act placing a child or young person in the custody of any person,---

(a)That person shall have the custody of the child or young person as if a custody order had been made with respect to the child or young person under section 11 of the Guardianship Act 1968; and

(b)Except to the extent that they are preserved by the Court in any order made under section 121 of this Act, all the rights, powers, and duties of every other person having custody of the child or young person shall be suspended and shall have no effect; and

(c)For the purposes of section 22L (1) of the Guardianship Act 1968, the order shall constitute an order with respect to the custody of the child or young person, and the person in whose custody the child or young person is placed shall be a person having rights of custody in relation to the child or young person pursuant to the order.

(2)Any custody order shall be sufficient authority for any member of the Police or any Social Worker or any other person authorised in that behalf by the Director-General to place the child or young person to whom the order relates---

(a)Where the order places the child or young person in the custody of the Director-General, with such person, or in such residence, as the Director of Social Welfare for the District in which the Court is situated may direct:

(b)Where the order places the child or young person in the custody of an Iwi Social Service or a Cultural Social Service, with such person as the Convener of the Social Service directs:
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

(c)Where the order places the child or young person in the custody of the Director of a Child and Family Support Service, with such person or in such residence as that Director directs:

(d)Where the order places the child or young person in the custody of any other person, with that person.

(3)Any person authorised by subsection (2) of this section to place any child or young person with any person or in any residence---

(a)May use such force as is reasonably necessary for that purpose:

(b)May exercise that authority from time to time in order to return the child or young person to that person or residence:

(c)May, for the purpose of exercising that Authority, exercise the powers conferred by section 105 (2) of this Act, and the provisions of subsections (2) and (3) of section 105 of this Act shall apply accordingly with all necessary modifications.

105Living arrangements for child or young person placed in custody of Director-General

(1)Where the Court makes an order under section 101 of this Act placing a child or young person in the custody of the Director-General,---

(a)The Director-General may transfer the child or young person from one residence under this Act to any other residence under this Act:

(b)Any Social Worker, acting with the specific or general authority of the Director-General, may arrange for the child or young person---

(i)To be placed in any residence:

(ii)To be placed in any school or other institution that provides care or training or physical or mental health care:

(iii)To undertake employment or any training for employment:

(c)Any Social Worker, acting with the specific or general authority of the Director-General, may arrange for the child or young person to live temporarily with the parents or guardians or other person previously having the care of the child or young person or with any other person, on such terms and conditions as the Social Worker may specify:

(d)Any Social Worker, acting with the specific or general authority of the Director-General, may at any time cancel any arrangement made under paragraph (b) or paragraph (c) of this subsection and, after any such cancellation, may remove the child or young person to a residence or to such other place as the Social Worker may decide, using such force as is reasonably necessary for that purpose.

(2)For the purpose of removing any child or young person pursuant to subsection (1) (d) of this section, a Social Worker may enter and search any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises, or place, with or without assistance and by force if necessary.

(3)The Social Worker exercising any powers under subsection (2) of this section shall, on first entering any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises, or place, and, if requested, at any subsequent time---

(a)Produce evidence of identity; and

(b)Disclose that those powers are being exercised under subsection (2) of this section.

106. Living arrangements where child or young person placed in custody of Iwi Social Service, etc.

(1)Where the Court makes an order under section 101 of this Act placing a child or young person in the custody of an Iwi Social Service or a Cultural Social Service or the Director of a Child and Family Support Service, the Convener of the Social Service or the Director of that Support Service, as the case may require,---

(a)May from time to time direct that the child or young person be removed from the person with whom or the residence in which that child or young person was placed pursuant to section 104 of this Act and placed with some other person or in some other residence; and

(b)May request any Social Worker or any member of the Police to assist in carrying out any direction given under paragraph (a) of this subsection, and any Social Worker or member of the Police so assisting may use such force as is reasonably necessary for that purpose.

(2)For the purposes of assisting in the carrying out of any direction given under subsection (1) (a) of this section, any Social Worker or member of the Police may exercise the powers conferred by section 105 (2) of this Act, and the provisions of subsections (2) and (3) of section 105 of this Act shall apply accordingly with all necessary modifications.

(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

107Person in whose custody child or young person is placed may determine access rights in absence of Court order

Where---

(a)The Court makes an order under section 101 of this Act placing a child or young person in the custody of any person; and

(b)The Court has not made an order under section 121 of this Act granting any person access to the child or young person,---

the person in whose custody the child or young person is placed shall, subject to any order of any Court, have the sole authority to decide whether, and on what terms and conditions (if any), any person is to have access to the child or young person.

108When custody order shall cease to have effect

Where the Court makes an order under section 101 of this Act placing a child or young person in the custody of any person, that order shall cease to have effect when---

(a)The order expires in accordance with section 102 of this Act; or

(b)The terms of the order expire; or

(c)In the case of a young person, that young person attains the age of 17 years; or

(d)In the case of a young person, that young person marries; or

(e)The child or young person is adopted by any person other than a parent of the child or young person---

whichever first occurs.

109Custody to revert on expiry of order

Where an order made under section 101 of this Act placing a child or young person in the custody of any person expires, custody of the child or young person shall revert to the person having custody of the child or young person immediately before the order was made.

Guardianship Orders

110Guardianship orders

(1)Where the Court makes a declaration under section 67 of this Act in relation to any child or young person, it may make an order appointing any of the following persons to be a guardian of the child or young person:

(a)The Director-General

(b)An Iwi Social Service:
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

(c)A Cultural Social Service:".
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

(d)The Director of a Child and Family Support Service:

(e)Any other person.

(2)Subject to subsection (3) of this section, where the Court makes an order under subsection (1) of this section appointing any person to be a guardian of a child or young person, the Court shall appoint that person to be---

(a)The sole guardian of the child or young person; or

(b)A guardian of the child or young person in addition to any other guardian.

(3)The Court shall not make an order under subsection (1) of this section appointing the Director of a Child and Family Support Service as the sole guardian of a child or young person.

Cf. 1974, No. 72, s. 31 (1) (d) (i); 1983, No. 129, s. 7 (1)

111Person not to be appointed as guardian without consent

The Court shall not make an order under section 110 of this Act appointing any person (other than the Director-General) as a guardian unless---

(a)It gives notice of its intention to consider making the order to that person; and

(b)That person is given an opportunity to appear and be heard by the Court before the Court makes such an order; and

(c)That person consents to the making of the order.

112Director-General may be appointed as guardian for specific purpose

Any order under section 110 of this Act appointing the Director-General as a guardian may specify that the appointment is for a particular purpose only.

113Court may impose conditions to facilitate return of child or young person

Where the Court makes an order under section 110 of this Act appointing the Director-General or an Iwi Social Service or a Cultural Social Service to be the sole guardian of a child or young person, it may impose such conditions as it thinks fit for the purpose of facilitating the return of the child or young person to the parents or guardians or other persons previously having the care of the child or young person. (amended by the Children, Young Persons, and Their Families Amendment Act 1994)

114Effect of guardianship order

(1)Where the Court makes an order under section 110 of this Act appointing any person as a guardian of any child or young person (whether as sole guardian or as a guardian in addition to any other person),---

(a)That person shall be a guardian of that child or young person as if that person had been appointed pursuant to section 8 of the Guardianship Act 1968; and

(b)If that child or young person is, at the time of the making of the order, under the guardianship of the High Court by virtue of an order made under section 9 (1) of the Guardianship Act 1968, that guardianship shall, subject to section 117 (2), of this Act, be suspended during the time when the person appointed under section 110 of this Act is the guardian.

(2)Where the Court makes an order under section 110 of this Act appointing any person as the sole guardian of any child or young person,---

(a)Except to the extent that they are preserved by any other order made under this Act, all of the rights, powers and duties of every other person who is the guardian of that child or young person, or who may become a guardian during the time when the person appointed under that section is the guardian, shall be suspended and shall have no effect; and

(b)For the purposes of section 22L (1) of the Guardianship Act 1968, the order shall constitute an order with respect to the custody of the child or young person, and the person appointed as guardian under that section shall be a person having rights of custody in relation to the child or young person pursuant to the order; and

(c)Subject to any custody order made by the Court under section 101 of this Act, the child or young person shall be deemed to have been placed in the custody of that person pursuant to that section, and the provisions of sections 104 to 107 of this Act, so far as applicable and with all necessary modifications, shall apply accordingly.

Cf. 1974, No. 72, s. 49 (1); 1983, No. 129, s. 13

115Disputes between guardians

Where---

(a)Pursuant to section 110 of this Act, any person is appointed as guardian of a child or young person in addition to any other guardian; and

(b)Those guardians are unable to agree on any matter concerning the exercise of their guardianship,---

any of those guardians may apply to the Court for its direction, and the Court may make such order relating to the matter as it thinks fit.

Cf. 1968, No. 63, s. 13

116Review of guardian's decision or refusal to give consent

(1)For the purposes of this section ''young person'' means a boy or girl of or over the age of 14 years but under 20 years.

(2)Where---

(a)A young person is affected by a decision or by a refusal of consent by a guardian appointed under section 110 of this Act; and

(b)That decision or refusal of consent is in respect of an important matter,---

that young person may apply to the Court for a review of that decision or refusal.

(3)Where an application is made under this section in respect of a decision or refusal, the Court may, if it thinks it reasonable in the circumstances to do so, review the decision or refusal and make such order in respect of that decision or refusal as it thinks fit.

(4)Any consent given by the Court pursuant to this section shall have the same effect as if it had been given by the guardian.

(5)Nothing in this section limits or affects the provisions of the Marriage Act 1955 with respect to consents to the marriage of minors.

Cf. 1968, No. 63, s. 14; 1971, No. 149, s. 3

117When guardianship orders to cease to have effect

(1)Every guardianship order made under section 110 of this Act shall cease to have effect when---

(a)The young person to whom it relates attains the age of 20 years or sooner marries; or

(b)The child or young person to whom it relates is adopted by any person other than its parents---

whichever occurs first.

(2)Subject to subsection (3) of this section, every guardianship order made under section 110 of this Act shall cease to have effect if, after it is made, the High Court---

(a)Orders, under section 9 (1) of the Guardianship Act 1968, that the child or young person to whom the order relates be placed under the guardianship of the High Court; or

(b)Orders, where the child or young person was, at the time of the making of the order, under the guardianship of the High Court by virtue of an order made under section 9 (1) of the Guardianship Act 1968, that that child or young person shall continue to be under the guardianship of the High Court.

(3)Nothing in subsection (2) of this section applies if the High Court, on making any order to which paragraph (a) or paragraph (b) of that subsection applies, orders that any guardianship order made under section 110 of this Act shall continue in force notwithstanding the making of that order.

Cf. 1974, No. 72, s. 49 (7), (8); 1983, No. 129, s. 13

118Reversion of guardianship on expiry or discharge of guardianship order

Where an order made under section 110 of this Act expires or is discharged, guardianship of the child or young person in respect of whom the order is made shall revert to the person who would have been the guardian of the child or young person if the order had never been made unless some other person has in the meantime become entitled to guardianship by virtue of an order made under the Adoption Act 1955 in which case guardianship shall revert to the person so entitled.

Cf. 1974, No. 72, s. 49 (9); 1983, No. 129, s. 13

119Guardianship of child or young person on death of person appointed as guardian under this Act

On the death of any person (being a person referred to in subsection (1) (e) of section 110 of this Act) appointed the guardian of a child or young person pursuant to an order made under that section, and who at the time of that person's death was the sole guardian of the child or young person, guardianship of the child or young person shall vest,---

(a) Where an Iwi Social Service or a Cultural Social Service was the sole guardian of the child or young person immediately before that person's appointment, in that Iwi Social Service or Cultural Social Service as if that Social Service had been appointed the sole guardian of the child or young person:".
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

(b)In any other case, in the Director-General as if the Director-General had been appointed the sole guardian of the child or young person.

Effect of Custody and Guardianship Orders on Jurisdiction Under Guardianship Act 1968

120Restriction on making of guardianship, custody, and access orders under Guardianship Act 1968

(1)Subject to subsection (2) of this section and to section 117 (2) of this Act, where any child or young person is subject to an order made under section 78 or section 101 or section 110 of this Act, no order shall be made under the Guardianship Act 1968 in respect of the guardianship or custody of, or access to, that child or young person.

(2)Nothing in subsection (1) of this section affects the power of the High Court, under section 9 of the Guardianship Act 1968, to make an order under that section in respect of any child or young person who is subject to an order made under section 78 or section 101 of this Act.
(amended by the Children, Young Persons, and Their Families Amendment Act 1989).

Access and Exercise of Other Rights

121Court may make orders for access and exercise of other rights by parents and other persons

(1)Where an application is made to the Court under section 44 of this Act in respect of any child or young person, the Court may make an order granting access to that child or young person to the applicant.

(2)Where the Court---

(a)Makes an order under section 78 of this Act relating to the custody of a child or young person pending the determination of any proceedings; or
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

(b)Makes a custody order or an interim custody order under section 101 of this Act in relation to a child or young person; or

(c)Makes an order under section 110 of this Act appointing the Director-General or any other person the sole guardian of a child or young person,---

it may, on making the order, or at any time after making the order, on application made by any parent of the child or young person or any other person, make an order---

(d)Granting access to that child or young person to that parent or other person:

(e)Conferring on that parent or other person such rights in relation to the child or young person as it thinks fit.

(3)Any order made under subsection (1) or subsection (2) of this section may be made on such terms and conditions as the Court thinks fit.

122Enforcement of access rights

(1)The Court may at any time, on the application of any person entitled to access to a child or young person under an order made under section 121 of this Act, issue a warrant authorising any Social Worker or any member of the Police or any other person named in the warrant to take possession of the child or young person and deliver him or her to the person entitled to access in accordance with the order.

(2)The power conferred on the Court by subsection (1) of this section may, if the Court thinks fit, be exercised on the making of the order.

(3)Where, pursuant to this section, the Court declines to enforce a right of access under an order made under section 121 of this Act, it may of its own motion vary or discharge the order accordingly.

Cf. 1968, No. 63, s. 19 (2), (3), (8); 1979, No. 52, s. 3 (1); 1980, No. 95, s. 9 (c)

123Power of entry

For the purpose of executing any warrant issued under section 122 of this Act, any Social Worker or member of the Police or any other person named in the warrant may enter and search any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises, or place, with or without assistance and by force if necessary.

Cf. 1968, No. 63, s. 19 (4)

124Person executing warrant to produce evidence of authority and identity

(deleted by the Children, Young Persons, and Their Families Amendment Act 1996)

Variation and Discharge of Orders

125Application for variation or discharge of orders made under this Part of this Act

(1)Any one or more of the persons specified in section 126 of this Act may, subject to that section, apply to the Court for the variation or discharge of any of the following orders, or for the variation or cancellation of any condition of any such order:

(a)An order made under section 78 of this Act relating to the custody of a child or young person pending the determination of any proceedings:
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

(b)An order made under section 83 (1) (c) of this Act requiring any person to receive counselling:

(c)An order made under section 84 (1) (b) of this Act directing the payment of reparation for any emotional harm or the loss of or damage to property:

(d)Any services order or interim services order made under section 86 or section 86A of this Act:
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

(e)Any restraining order or interim restraining order made under section 87 or section 88 of this Act:

(f)Any custody order or interim custody order made under section 101 of this Act:

(g)Any guardianship order made under section 110 of this Act:

(h)Any order made under section 121 of this Act granting access to, or conferring rights in respect of, any child or young person.

(2)Any one or more of the persons specified in section 126 of this Act may, subject to that section, apply to the Court for the variation, suspension, or discharge of any support order or interim support order made under section 91 or section 92 of this Act, or for the variation, suspension, or cancellation of any condition of any such order.

Cf. 1974, No. 72, s. 64

126Persons who may apply for variation or discharge of order

The following persons may make an application under section 125 of this Act in respect of an order specified in that section:

(a)The child or young person in respect of whom the order was made:

(b)Any parent or guardian of that child or young person:

(c)Any barrister or solicitor representing the child or young person:

(d)Any near relative of that child or young person:

(e)Any member of that child's or young person's whanau or family group:

(f)Any person on whom the application for the declaration under section 67 of this Act in respect of which the order was made has been served in accordance with section 152 of this Act:

(g)The Director-General:

(h)The Director of any Child and Family Support Service:

(i)Any Iwi Social Service or Cultural Social Service:
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

(j)In respect of an order made under section 83 (1) (c) of this Act, any person required to receive counselling pursuant to that order:

(k)In respect of any services order or interim services order made under section 86 or section 86A of this Act, any person or organisation required to provide services or assistance pursuant to the order:
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

(l)In respect of any restraining order or interim restraining order made under section 87 or section 88 of this Act, any person named in that order:

(m)In respect of any support order or interim support order made under section 91 or section 92 of this Act, any person or organisation directed, pursuant to that order, to provide support to a child or young person:

(n)In respect of any custody order or interim custody order made under section 101 of this Act, or any order made under section 78 of this Act, any person granted custody of the child or young person by that order:

(o)With the leave of the Court, any other person.

126A. Court may direct holding of family group conference to consider application

(1)Where an application is made under section 125 of this Act, the Court, at any stage of the proceedings, may direct a Care and Protection Co-ordinator to convene a family group conference for the purpose of considering such matters relating to the child or young person as the Court directs, and may adjourn the hearing of the application until the conference has been held.

(2)The provisions of section 20 to 36 of this Act shall apply with all necessary modifications with respect to the convening of a family group conference for the purposes of this section.

(inserted by the Children, Young Persons, and Their Families Amendment Act 1994)

127Court may vary or discharge order

(1)On the hearing of any application under section 125 (1) of this Act for the variation or discharge of any order, or the variation or discharge of any condition of any order, the Court may---

(a)Vary the order in such manner as it thinks fit:

(b)Discharge the order:

(c)Discharge the order and substitute any other order referred to in section 83 (1) or section 84 (1) of this Act:

(ca)Make any order referred to in section 83 (1) or section 84 (1) of this Act in addition to the order (whether or not the Court exercises any other power specified in paragraph (a) or any of paragraphs (d) to (g) of this subsection in relation to the order):
(inserted by the Children, Young Persons, and Their Families Amendment Act 1994)

(d)Vary any condition of the order in such manner as it thinks fit:

(e)Discharge any condition of the order:

(f)Discharge any condition of the order and substitute any condition that could have been imposed when the order was first made:

(g)Impose a further condition of the order.

(2)On the hearing of any application under section 125 (2) of this Act for the variation, suspension, or discharge of any support order or interim support order made under section 91 or section 92 of this Act, or for the variation, suspension, or cancellation of any condition of any such order, the Court may---

(a)Vary the order in such manner as it thinks fit:

(b)Suspend the order for such period as may be specified:

(c)Discharge the order:

(d)Discharge the order and substitute any other order referred to in section 83 (1) or section 84 (1) of this Act:

(da)Make any order referred to in section 83 (1) or section 84 (1) of this Act in addition to the order (whether or not the Court exercises any other power specified in paragraph (a) or paragraph (b) or any of paragraphs (e) to (i) of this subsection in relation to the order):
(inserted by the Children, Young Persons, and Their Families Amendment Act 1994)

(e)Vary any condition of the order in such manner as it thinks fit:

(f)Suspend any condition of the order for such period as may be specified:

(g)Discharge any condition of the order:

(h)Discharge any condition of the order and substitute any condition that could have been imposed when the order was first made:

(i)Impose a further condition of the order.

(3)Where the Court makes any order under this section, the Court may, where it considers it necessary or desirable to do so, make such order under section 134 of this Act as it thinks fit with respect to any plan or revised plan in force concerning the child or young person.
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

Cf. 1974, No. 72, s. 64

Plans for Children and Young Persons

128Court to obtain and consider plan for child or young person before making certain orders

(1)Where the Court proposes to make any one or more of the orders specified in subsection (2) of this section in respect of any child or young person, the Court shall, before making any such order, obtain, in relation to that child or young person, a plan prepared in accordance with sections 129 and 130 of this Act.

(2)The orders referred to in subsection (1) of this section are as follows:

(a)A services order under section 86 of this Act
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

(b)A support order under section 91 of this Act in respect of any child or young person:

(c)An order (other than an interim order) under section 101 of this Act placing any child or young person in the custody of any person:

(d)An order under section 110 of this Act appointing any person as the sole guardian of a child or young person.

(3)Where, pursuant to subsection (1) of this section, the Court is required to obtain a plan in relation to a child or young person, that plan shall be prepared notwithstanding that a plan prepared pursuant to this section is already in force in relation to that child or young person, and on the preparation of that plan any plan already in force in relation to the child or young person shall cease to be in force.

(4)Notwithstanding anything in subsection (1) of this section, where---

(a)The Court proposes to make an order in respect of a child or young person; and

(b)But for this subsection, the Court would be required, pursuant to subsection (1) of this section, to obtain a plan in respect of the order; and

(c)The making of the order would be in accordance with a decision, recommendation, or plan made or formulated by a family group conference; and

(d)That conference has already formulated, in respect of the child or young person, a plan that complies with the requirements of section 130 of this Act; and

(e)Either--

(i)That plan was prepared in consultation with the Director-General or a Social Worker; or

(ii)The Director-General consents to that plan being treated as a plan obtained by the Court pursuant to subsection (1) of this section,---

the Court may treat that plan as a plan obtained by the Court pursuant to subsection (1) of this section, and that subsection and the other provisions of this Act that relate to plans obtained pursuant to that subsection shall apply accordingly as if the plan had been prepared by the Director-General.

(inserted by the Children, Young Persons, and Their Families Amendment Act 1994)

 

129Court to direct who is to prepare plan

(1)Where, pursuant to section 128 of this Act, the Court is required to obtain a plan in respect of any order, the plan shall be prepared by such person as the Court directs.

(1A) Where---

(a)A person is directed, pursuant to subsection (1) of this section, to prepare a plan; and

(b)That person is not a Social Worker; and

(c)That plan has any implications for the Director-General,---

the plan shall be of no effect unless it has been prepared in consultation with the Director-General or his or her representative, and contains an express statement to the effect.

(inserted by the Children, Young Persons, and Their Families Amendment Act 1994)

(1B)For the purposes of subsection (1A) of this section, a plan has implications for the Director-General if it proposes that---

(a)The Director-General be required to provide services or assistance pursuant to a services order under section 86 of this Act; or

(b)The Director-General be required to provide support pursuant to a support order under section 91 of this Act; or

(c)A child or young person be placed in the custody or care of the Director-General; or

(d)The Director-General be appointed as the sole guardian, or as an additional guardian, of a child or young person; or

(e)A child or young person receive counselling or other services under this Act, where that counselling or those services would be provided at the Department's expense; or

(f)Either---

(i)A child or young person be placed in the custody or care of any person or organisation; or

(ii)Any person or organisation be appointed as the sole guardian, or an additional guardian, of a child or young person,---

and that the Director-General provide financial assistance to that person or organisation; or

(g)Any order (whether a services order under section 86 of this Act or a support order under section 91 of this Act, or any other order) be made in relation to any person or organisation, and that the Director-General provide financial assistance to that person or organisation for the purpose of assisting that person or organisation to give effect to the order.

(inserted by the Children, Young Persons, and Their Families Amendment Act 1994)

(2)Where the Court considers that any plan prepared pursuant to section 128 of this Act is inadequate, it may direct the person who prepared the plan to furnish to the Court a revised plan, and may indicate any specific matter that it requires to be dealt with in that plan.

130Content of plans

Every plan prepared pursuant to section 128 of this Act in respect of a child or young person shall---

(a)Specify the objectives sought to be achieved for that child or young person, and the period within which those objectives should be achieved:

(b)Contain details of the services and assistance to be provided for that child or young person and for any parent or guardian or other person having the care of the child or young person:

(c)Specify the persons or organisations who will provide such services and assistance:

(d)State the responsibilities of the child or young person, and of any parent or guardian or other person having the care of the child or young person:

(e)State personal objectives for the child or young person, and for any parent or guardian or other person having the care of the child or young person:

(f)Contain such other matters relating to the education, employment, recreation, and welfare of the child or young person as are relevant.

131Adjournment for purposes of obtaining plan

(1)Any adjournment for the purposes of obtaining a plan pursuant to section 128 of this Act shall not exceed 28 days unless the Court in any special case otherwise determines, but may otherwise be on such conditions as the Court thinks fit.

(2)Where any proceedings are adjourned for the purposes of obtaining any plan pursuant to section 128 of this Act, the person responsible for preparing that plan shall make all reasonable endeavours to ensure that the plan is filed with the Court at least 2 working days before the date set for the hearing of those proceedings to resume.

132Access to plans

(1)Subject to section 133 of this Act, a copy of every plan furnished to the Court pursuant to section 128 of this Act shall be given by the Registrar of the Court---

(a)To every person entitled to appear and be heard on the application to which the plan relates and to any barrister or solicitor appearing for that person:

(b)To any lay advocate, barrister or solicitor, or other person representing the child or young person to whom the application relates or a parent or guardian or other person usually having the care of the child or young person:

(c)To the Director-General:

(d)To any other person whom the Court considers has a proper interest in receiving a copy of the plan.

(2)Every such copy shall, wherever possible, be supplied not later than 1 working day before the sitting of the Court.

133Court may order plan not to be disclosed

The Court may order that the whole or any part of a plan given to any person pursuant to section 132 (1) of this Act shall not be disclosed to any person specified in the order where it is satisfied that such disclosure would be, or would be likely to be, detrimental to the physical or mental health, or the emotional wellbeing, of any child or young person or other person to whom the plan relates.

134Court to set date for review of plan

(1)Where a plan is prepared pursuant to section 128 of this Act in respect of any child or young person, the Court shall, on making any of the orders referred to in subsection (2) of that section in respect of that child or young person, fix a date by which a review of that plan is to be carried out.

(2)The date fixed pursuant to subsection (1) of this section on the making of an order shall be,---

(a)Where the order is made in respect of a child under the age of 7 years, not later than 6 months from the date of the making of the order:
(amended by the Children, Young Persons, and Their Families Amendment Act 1989)

(b)In any other case, not later than 12 months from the date of the making of the order.

(3)The Court shall not fix a date pursuant to subsection (1) of this section that is later than the date on which any order made, or proposed to be made, pursuant to this Part of this Act in respect of the child or young person is to expire.

(4)On fixing a date pursuant to subsection (1) of this section, the Court may also direct who is to review the plan pursuant to section 135 of this Act. If the Court does not make such a direction, the person who prepared the plan shall be deemed to have been directed pursuant to this subsection to review the plan.
(inserted by the Children, Young Persons, and Their Families Amendment Act 1994)

(5)The Court may at any time, on the application of any party to the proceedings, or a barrister or solicitor representing the child or young person, or of its own motion, amend any direction made or deemed to have been made under subsection (4) of this section, or revoke any such direction and substitute another direction.
(inserted by the Children, Young Persons, and Their Families Amendment Act 1994)

135Review of plan

(1)Subject to section 127 (3) of this Act, the person who is directed, pursuant to section 134 of this Act, to review a plan prepared under section 128 of this Act in respect of a child or young person shall, not later than the date fixed pursuant to section 134 of this Act for the review of that plan, review that plan and furnish to the Court a report setting out the results of that review, together with a revised plan in respect of that child or young person.
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

(2)Section 130 of this Act shall apply to a revised plan as if it were a plan required to be prepared pursuant to section 128 of this Act.

(3)Every report furnished to the Court pursuant to subsection (1) of this section in respect of the review of a plan shall--

(a)State which of the objectives set out in the plan have been achieved and which of those objectives are yet to be achieved:

(b)State, in respect of those objectives that are yet to be achieved, what action is required to achieve those objectives:

(c)State, in respect of any order made by the Court under this Part of this Act in relation to the child or young person to whom the plan relates, whether that order should continue in force, or be varied, suspended, or discharged, and whether any condition of that order should be continued in force, or be varied, suspended, or discharged, and the reasons for those recommendations:

(d)State whether the Court should make any other order under this Part of this Act in relation to that child or young person, and the reasons for that recommendation:

(e)State, in respect of those persons who were required to be given a copy of the plan pursuant to section 132 of this Act, whether each of those persons agrees with the recommendations contained in the report.

(4)On the request of the person required to review a plan under subsection (1) of this section, a Care and Protection Co-ordinator may convene a family group conference for the purpose of reviewing the plan.
(inserted by the Children, Young Persons, and Their Families Amendment Act 1994)

(5)The provisions of section 20 to 36 of this Act shall apply with all necessary modifications with respect to the convening of a family group conference for the purposes of subsection (4) of this section.
(inserted by the Children, Young Persons, and Their Families Amendment Act 1994)

136Access to reports and revised plans

The provisions of sections 132 and 133 of this Act shall apply, with such modifications as may be necessary, with respect to every report, and every revised plan, furnished to the Court pursuant to section 135 of this Act.

137Court to consider report and make directions

(1)Where a report is furnished to the Court pursuant to section 135 of this Act in respect of the review of any plan prepared in relation to any child or young person, the Court shall consider the report and the accompanying revised plan, and, after giving such persons (if any) as it thinks fit an opportunity to be heard, may do any one or more of the following things:

(a)In relation to any order that is in force under this Part of this Act and that relates to that child or young person,---

(i)Make any order under section 127 of this Act as if an application had been made under section 125 of this Act in relation to that order; or

(ii)Direct any person to make an application under section 125 of this Act in relation to that order:

(b)Make, in respect of that child or young person, any order referred to in section 83 (1) or section 84 (1) of this Act:

(c)Direct a Care and Protection Co-ordinator to convene a family group conference for the purpose of considering such matters relating to that child or young person as the Court may specify:

(d)Require any person to appear before the Court for the purpose of being examined as to any matter relating to, or arising out of,---

(i)The plan prepared pursuant to section 128 of this Act:

(ii)The report furnished under section 135 of this Act on the review of that plan:

(iii)The revised plan accompanying that report:

(e)Where the Court considers that the report furnished under section 135 of this Act, or the revised plan, or both, are inadequate, direct the person who prepared the report to furnish to the Court a further report, or a further revised plan, or both, and may indicate any specific matter that it requires to be dealt with in that report or plan:

(f)Make any order that it is empowered to make under section 178 or section 181 or section 186 or section 187 of this Act in relation to the hearing of an application for a declaration under section 67 of this Act, and the provisions of those sections, of sections 179, 180, 182, 183, 184, and 185, and of sections 188 to 194 of this Act shall apply with such modifications as may be necessary with respect to every report required to be furnished to the Court under this paragraph.

(2)The provisions of section 199 of this Act shall apply with respect to any person required to appear before the Court pursuant to subsection (1) (d) of this section as if that person had been called by the Court as a witness.

(3)The Court shall not make any order under paragraph (a) (i) or paragraph (b) of subsection (1) of this section unless---

(a)The report furnished to the Court under section 135 of this Act recommends that the order be made, and the Court is satisfied that every person to whom a copy of that report is required to be given agrees with that recommendation; or

(b)A family group conference recommends that the order be made.

(4)Nothing in section 128 of this Act shall apply in respect of any order that the Court proposes to make pursuant to subsection (1) (b) of this section.

(5)Where a report is furnished to the Court pursuant to section 135 of this Act in respect of the review of any plan prepared in relation to any child or young person, any order that is in force under this Part of this Act and that relates to that child or young person shall, unless the Court otherwise directs, and subject to section 108 (c) to (e) and section 117 of this Act and to any order made pursuant to this section, continue in force until the Court has completed its consideration of the report in accordance with this section and has determined what (if any) decision it should make with respect to that order.

138Court to set date for further review of plan

(1)After considering a report furnished pursuant to section 135 of this Act in respect of the review of a plan, and after taking such action (if any) under section 137 of this Act as it thinks fit, the Court shall, if any order referred to in section 128 (2) of this Act is to continue in force in respect of the child or young person to whom the plan relates, fix a date by which a review of the revised plan that accompanied that report is to be carried out.

(2)Section 134 of the principal Act shall apply, with all necessary modifications, with respect to---

(a)The fixing of a date for the review of a revised plan; and

(b)The person who is to review a revised plan.

(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

(3)Where, pursuant to subsection (1) of this section, the Court fixes a date for the review of a revised plan, this section and sections 135 to 137 of this Act shall apply, with all necessary modifications, with respect to every such revised plan as if it were a plan prepared pursuant to section 128 of this Act.

Agreements for Care of Children and Young Persons

139. Agreements for temporary care of children and young persons by Director-General, Iwi Social Services, ets.

(1)Subject to this section, any parent or guardian or other person having the care of a child or young person who is temporarily unable or unwilling to care for the child or young person may,---

(a)With the agreement of the Director-General, place the child or young person in the care of the Director-General for a period not exceeding 28 days; or

(b)With the agreement of an Iwi Social Service or a Cultural Social Service, place the child or young person in the care of that Social Service for a period not exceeding 28 days; or

(c)With the agreement of the Director of a Child and Family Support Service, place the child or young person in the care of the Director for a period not exceeding 28 days.

(2)If the parent or guardian or other person having the care of the child or young person is, or will be, unable to resume the care of the child or young person at the end of the period during which the child or young person is in the care of any person pursuant to subsection (1) of this section, the period may, with the agreement of that person, be extended for one further period of up to 28 days.

(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

140.Agreements for extended care of children and young persons by Director-General, Iwi Social Service, etc.

(1)Subject to this section and to sections 143 to 145 and section 147 of this Act, where every person who is a parent or guardian or person having the care of a child or young person agrees to do so, those persons may,---

(a)With the agreement of the Director-General, place the child or young person in the care of the Director-General for a period of more than 28 days; or

(b)With the agreement of an Iwi Social Service or a Cultural Social Service, place the child or young person in the care of that Social Service for a period of more than 28 days; or

(c)With the agreement of the Director of a Child and Family Support Service, place the child or young person in the care of the Director for a period of more than 28 days.

(2)No agreement may be made under subsection (1) of this section providing for the placement of any child or young person in the care of any person for any period that exceeds,---

(a)In the case of a child who is under 7 years of age, 6 months:

(b)In the case of any other child or any young person, 12 months."

(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

141Agreements for extended care of severely disabled children and young persons

(1)This section applies to any child or young person who is so mentally or physically disabled that suitable care for that child or young person can be provided only if that child or young person is placed in the care of an organisation or body approved under section 396 of this Act to provide care for such a child or young person.
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

(2)Subject to this section and to sections 143 to 145 and section 147 of this Act, where every person who is a parent or guardian or person having the care of a child or young person to whom this section applies agrees to do so, those persons may,---

(a)With the agreement of an Iwi Social Service or a Cultural Social Service, place the child or young person in the care of that Social Service; or
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

(b)With the agreement of a Director of a Child and Family Support Service, place the child or young person in the care of the Director.

(3)No agreement may be made under subsection (2) of this section providing for the placement of any child or young person in the care of any person for any period that exceeds 2 years, but any such agreement may from time to time be extended for such period (not exceeding 2 years in each instance) as a family group conference may approve.

(4)No agreement may be made under subsection (2) of this section providing for the placement of any child or young person in the care of any person (in this subsection referred to as the proposed caregiver) unless a person or organisation authorised pursuant to subsection (5) of this section (not being a person employed by the proposed caregiver) certifies,---

(a)That the proposed caregiver has appropriate facilities and adequate staffing to care for the child or young person; or

(b)Where, pursuant to section 362 of this Act, the proposed caregiver intends to place the child or young person in the charge of some other person or organisation, that the proposed caregiver has appropriate facilities and adequate staffing to supervise the placement and to ensure that adequate and appropriate care is provided to the child or young person.

(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

(5)The Director-General of Health may from time to time, on application made to the Director-General, authorise any suitable person or organisation to issue certificates for the purposes of subsection (4) of this section.
(inserted by the Children, Young Persons, and Their Families Amendment Act 1994)

(6)The Director-General of Health may grant an authority under subsection (5) of this section subject to such conditions as the Director-General of Health thinks fit, and may at any time revoke any such authority, or revoke, vary, or add to any condition imposed under this subsection.
(inserted by the Children, Young Persons, and Their Families Amendment Act 1994)

(7)The Director-General of Health may from time to time, pursuant to section 41 of the State Sector Act 1988, delegate to any regional health authority or any Crown health enterprise (within the meaning of the Health and Disability Services Act 1993) the powers conferred on the Director-General of Health by subsections (5) and (6) of this section, and for that purpose and for that purpose only, sections 41 and 42 of the State Sector Act 1988 shall apply as if every regional health authority and every Crown health enterprise were employees of the Ministry of Health.
(inserted by the Children, Young Persons, and Their Families Amendment Act 1994)

142Agreements with controlling authorities of homes registered under Disabled Persons Community Welfare Act 1975

(1)This section applies to any child or young person who is a disabled person within the meaning of the Disabled Persons Community Welfare Act 1975.

(2)Subject to this section and to sections 143 to 145 and section 147 of this Act, where every person who is a parent or guardian or person having the care of a child or young person to whom this section applies agrees to do so, those persons may, with the agreement of a controlling authority, place the child or young person in the care of that controlling authority.
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

(3)No agreement may be made under subsection (2) of this section providing for the placement of any child or young person in the care of any controlling authority for any period that exceeds 1 year, but any such agreement may from time to time be extended for such period (not exceeding 1 year in each instance) as a family group conference may approve.
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

(4)Where, pursuant to an agreement made under subsection (2) of this section, a child or young person is placed in the care of a controlling authority, that controlling authority may place the child or young person in the charge of any person whom the controlling authority considers suitable to provide for that child's or young person's care, control, and upbringing.
(inserted by the Children, Young Persons, and Their Families Amendment Act 1994)

(5)Section 363 of this Act shall, with all necessary modifications, apply in respect of any placement made pursuant to subsection (4) of this section as if it were a placement made pursuant to section 362 of this Act.
(inserted by the Children, Young Persons, and Their Families Amendment Act 1994)

(6)In this section, the term ‘controlling authority' means a controlling authority of a home registered under the Disabled Persons Community Welfare Act 1975.
(inserted by the Children, Young Persons, and Their Families Amendment Act 1994)

143All parents or guardians not required to be party to agreement

Where a parent or guardian or person having the care of a child or young person---

(a)Consents in writing to the making of the agreement; or

(b)Cannot after reasonable enquiries be found; or

(c)Is incapable of entering into the agreement,---

an agreement may be made under section 140 or section 141 or section 142 of this Act with respect to the child or young person without that parent or guardian or person being a party to the agreement.

144Agreement not to be made without consent of child or young person

(1)Subject to subsection (2) of this section, no agreement shall be made under section 140 or section 142 of this Act with respect to---

(a)A child of or over the age of 12 years; or

(b)A young person---

unless that child or young person consents in writing to the making of the agreement.

(2)The consent of a child or young person to whom section 142 of this Act applies is not required under subsection (1) of this section if the child or young person is unable, by reason of that child's or young person's disability, to understand the nature of the agreement.

(3)Before an agreement is entered into under section 140 or section 141 or section 142 of this Act, the wishes of the child or young person shall, where practicable, be ascertained and given due consideration in concluding the terms of the agreement.

Cf. 1974, No. 72, s. 11 (2)

145Agreement not to be made without approval of family group conference

(1)No agreement may be made under section 140 or section 141 or section 142 of this Act unless, before the agreement is made,---

(a)A family group conference is held to consider whether such an agreement should be made; and

(b)That family group conference approves the making of the agreement; and

(c)A Care and Protection Co-ordinator issues a certificate to the effect that the requirements of paragraph (a) and paragraph (b) of this subsection have been complied with.

(2)A Care and Protection Co-ordinator may convene or reconvene a family group conference for the purpose of considering---

(a)Whether an agreement should be entered into under section 140 or section 141 or section 142 of this Act in relation to any child or young person:

(b)Whether an agreement entered into under section 141 or section 142 of this Act should be extended or terminated.

(3)The provisions of sections 20 to 36 of this Act shall apply with all necessary modifications with respect to the convening or reconvening of a family group conference for the purposes of this section.

146Form and terms of agreements

(1)Every agreement entered into under section 140 or section 141 or section 142 of this Act shall---

(a)Be in writing:

(b)Specify the term of the agreement:

(c)Specify the manner in which it may be terminated and, unless so specified, shall provide that the agreement may be terminated by either party on giving 7 days notice in writing:

(d)Contain provisions relating to the care and control of the child or young person during the term of the agreement, including, but not limited to, provisions relating to---

(i)The educational, social, cultural, and religious needs of the child or young person:

(ii)A programme for the provision of services and assistance for the benefit of the child or young person:

(iii)The rights and obligations of the parents or guardians towards the child or young person:

(iv)Access to the child or young person by the parents or guardians or any other person.

(2)Notwithstanding anything in subsection (1) (c) of this section, an agreement entered into under section 140 or section 141 or section 142 of this Act shall be terminated if a family group conference decides that the agreement should be terminated.

147Further restrictions on making of agreements

(1)No agreement relating to a child or young person shall be entered into under section 140 of this Act by any person (being the Director-General or an Iwi Social Service or a Cultural Social Service or a Director of a Child and Family Support Service) in any case where that person is not satisfied that a parent or guardian of the child or young person, or a person usually having the care of the child or young person, will resume the care of the child or young person on the termination of the agreement.
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

(2)No agreement relating to a child or young person shall be entered into under section 140 or section 141 or section 142 of this Act by any person (being the Director-General or an Iwi Social Service or a Cultural Social Service or a Director of a Child and Family Support Service or the controlling authority of a home registered under the Disabled Persons Community Welfare Act 1975) in any case where no parent or guardian, or a person usually having the care of the child or young person, or a member of the child's or young person's family, whanau, or family group, is willing to maintain contact with the child or young person during the term of the agreement.
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

148Effect of agreements

Where a child or young person is placed in the care of any person pursuant to an agreement under section 139 or section 140 or section 141 or section 142 of this Act, that person shall have, in respect of that child or young person, the same powers and responsibilities in all respects as if that child or young person had been placed in the custody of that person pursuant to an order under section 101 of this Act.

Cf. 1974, No. 72, s. 11 (3)

149Agreement may provide for consent to medical treatment

Any agreement entered into under section 139 or section 140 or section 141 or section 142 of this Act may authorise the person in whose care a child or young person is placed pursuant to that agreement to consent to the carrying out, on that child or young person, of any medical, surgical, or dental procedure (including a blood transfusion), and where any person is so authorised that person shall be deemed to be a guardian of the child or young person for the purposes of section 25 (3) of the Guardianship Act 1968.

Part III: Provisions Relating to Procedure in Respect of Proceedings Under Part II

Courts Having Jurisdiction Under Part II

150Jurisdiction of Family Courts

Subject to sections 151 and 341 of this Act, all proceedings under Part II of this Act shall be heard and determined in a Family Court.

Cf. 1974, No. 72, s. 25 (1)

151Jurisdiction of District Courts in cases of urgency

The following proceedings may be heard and determined in a District Court in any case where it is expedient that the proceedings be dealt with urgently and it is impracticable for the matter to be heard and determined as a matter of urgency in a Family Court:

(a)An application under section 44 of this Act:

(b)Any proceedings under section 45 of this Act:

(c)An application under section 78 of this Act:

(d)An application under section 88 of this Act for an interim restraining order.

Service of Applications

152Service of application for declaration

(1)Subject to section 155 of this Act, every application for a declaration under section 67 of this Act that a child or young person is in need of care or protection shall be served, in accordance with rules made under this Act, on the following persons:

(a)Each parent or guardian of the child or young person:

(b)If the child or young person is not residing with any of his or her parents or guardians, any person with whom the child or young person is living and who has had the care of the child or young person for a period of not less than 6 months immediately before the application was made:

(c)If the child or young person is in the custody or under the guardianship of the Director-General, the Director of the Social Welfare District in which the child or young person is residing:

(d)If the child or young person is in the custody or under the guardianship of an Iwi Social Service or a Cultural Social Service, that Social Service:
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

(e)If the child or young person is in the custody of the Director of a Child and Family Support Service, that Director:

(f)Any other person specified by the Court.

(2)Any person served with proceedings under subsection (1) of this section shall be entitled to appear and be heard as a party to the proceedings.

Cf. 1974, No. 72, s. 27 (4) - (6)

153Notice of application for declaration to be given to child or young person

Where an application is made for a declaration under section 67 of this Act in respect of any child of or over the age of 12 years or any young person, the Registrar of the Court in which that application is filed shall ensure that a copy of the application is given to that child or young person.

154Service of application for variation or discharge of order

(1)Subject to section 155 of this Act, every application under section 125 of this Act shall be served, in accordance with rules made under this Act, on the following persons:

(a)Every person who would have been entitled, under section 126 (b), (c), (j), (k), (l), (m), or (n) of this Act, to make an application under section 125 of this Act in respect of the order to which the application relates:

(b)The applicant for the declaration under section 67 of this Act in respect of which the order was made:

(c)The Director-General:

(d)Any other person specified by the Court.

(2)Any person served with proceedings under subsection (1) of this section shall be entitled to appear and be heard as a party to the proceedings.

155Court may dispense with service

Where any person cannot be served with an application in accordance with section 152 or section 154 of this Act, the Court may, on such terms and conditions as it thinks fit, dispense with service on that person.

Attendance of Parties at Hearing

156Court may require party to attend hearing

(1)Where the Court considers that the presence of any person required to be served with an application under section 152 or section 154 of this Act is necessary to enable the Court to hear and determine that application, the Court may direct the Registrar to issue a summons in the prescribed form requiring the person to whom it is addressed to appear before the Court at the time stated in the summons.

(2)In any case where a summons under this section has been served on any person, a Family Court Judge may, if the person to whom the summons is issued does not appear to answer to it, direct the issue of a warrant to arrest that person and bring that person before the Court.

(3)Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who, being required to appear before the Court under this section, refuses or fails without reasonable excuse to appear.

Cf. 1974, No. 72, s. 27 (6), (8) - (11)

157Court may require child or young person to attend hearing

(1)Where the Court considers that the presence of the child or young person in respect of whom any application is made under Part II of this Act is necessary to enable the Court to hear and determine that application, the Court may direct the Registrar to issue a summons in the prescribed form requiring the person who has custody of the child or young person to ensure that the child or young person is present at the hearing.

(2)In any case where a summons under this section has been served on any person, a Family Court Judge may, if the child or young person in respect of whom the summons is issued does not appear at the hearing when required to do so, issue a warrant authorising any Social Worker or any member of the Police or any other person named in the warrant to take possession of that child or young person and bring him or her before the Court.

(3)Sections 123 of this Act shall apply, with all necessary modifications, in relation to every warrant issued under subsection (2) of this section as if every such warrant were a warrant issued under section 122 of this Act.
(amended by the Children, Young Persons, and Their Families Amendment Act 1996)

(4)Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who, being required pursuant to a summons issued under this section to ensure that a child or young person appears before the Court, fails to take all reasonable steps to ensure that the child or young person so appears.

Cf. 1974, No. 72, s. 27 (6)

Joint Hearings

158Applications may be heard together

The Court may hear and determine an application for a declaration under section 67 of this Act or an application under section 125 of this Act (which relates to the variation, suspension, and discharge of orders made under Part II of this Act) in conjunction with any application under the Adoption Act 1955 or the Guardianship Act 1968 or the Family Proceedings Act 1980 or the Domestic Protection Act 1982 in any case where all the applications relate to the same child or young person (whether or not any or all of those applications also relate to any other person).

Cf. 1980, No. 94, s. 160 (2)

Appointment of Persons to Represent Child or Young Person or Assist Court

159Appointment of barrister or solicitor to represent child or young person

(1)Where a child or young person who is the subject of any proceedings under Part II of this Act is not represented by a barrister or solicitor, the Court shall appoint a barrister or solicitor to represent that child or young person in those proceedings and, if the Court thinks desirable, for such other purposes (including any other proceedings under this Act or any other enactment) as the Court may specify.

(2)Where the Court appoints a barrister or solicitor under subsection (1) of this section, it shall, so far as practicable, appoint a barrister or solicitor who is, by reason of personality, cultural background, training, and experience, suitably qualified to represent the child or young person.

(3)Notwithstanding that the proceedings in respect of which any barrister or solicitor was appointed under subsection (1) of this section have been disposed of or that the appointment is no longer required for any other purpose specified by the Court pursuant to that subsection, the Court may, if the Court is satisfied that it is necessary or desirable in the interests of the child or young person to do so,---

(a)Extend that barrister's or solicitor's appointment; or

(b)Subject to subsection (2) of this section, appoint any other barrister or solicitor to represent the child or young person---

for such purpose as the Court may specify.

Cf. 1974, No. 72, s. 29 (3); 1977, No. 126, s. 8; 1980, No. 94, s. 162 (1), (2)

160Appointment of barrister or solicitor to assist Court

In any proceedings in a Family Court under Part II of this Act the Court may appoint a barrister or solicitor to assist the Court.

Cf. 1974, No. 72, s. 29 (3); 1977, No. 126, s. 8; 1980, No. 94, s. 162 (1), (2)

161Further provisions relating to barrister or solicitor appointed under section 159 or section 160

A barrister or solicitor appointed under section 159 or section 160 of this Act in respect of any proceedings---

(a)Shall be served with all documents required to be served on the parties to the proceedings; and

(b)May---

(i)Call any person as a witness in the proceedings:

(ii)Cross--examine witnesses called by any party to the proceedings or by the Court:

(iii)Request the Court to obtain any report that the Court is empowered to obtain for the purposes of the proceedings:

(iv)In the case of a barrister or solicitor appointed under section 159 of this Act to represent a child or young person, act on behalf of the child or young person in respect of any matter relating to the detention of that child or young person in secure care, or the care of that child or young person in a residence.

Cf. 1974, No. 72, s. 29 (4); 1980, No. 94, s. 162 (3)

162Payment of barrister or solicitor appointed under section 159 or section 160

(1)The fees and expenses of any barrister or solicitor appointed under section 159 or section 160 of this Act shall, in accordance with regulations made under this Act, be paid out of the Consolidated Account from money appropriated by Parliament for the purpose.

(2)The bill of costs rendered by a barrister or solicitor appointed under section 159 or section 160 of this Act shall be given to the Registrar of the Court that made the appointment, and the Registrar may tax the bill of costs.

(3)A barrister or solicitor who is dissatisfied with the decision of the Registrar as to the amount of the bill may, within 14 days after the date of the decision, apply to a Family Court Judge to review the decision; and the Judge may make such order varying or confirming the decision as the Judge considers fair and reasonable.

(4)Notwithstanding subsection (1) of this section, the Court may, if it thinks proper, order any party to the proceedings to refund to the Crown such amount as the Court specifies in respect of any fees and expenses paid under that subsection, and the amount ordered to be refunded shall be a debt due to the Crown by that party and shall be recoverable accordingly in any Court of competent jurisdiction.

Cf. 1974, No. 72, s. 29 (5); 1980, No. 94, s. 162 (4) - (7)

163Appointment of lay advocate

(1)The Court may, at any stage of any proceedings under Part II of this Act, on application by any party to the proceedings or of its own motion, appoint, in respect of the child or young person who is the subject of those proceedings, any person, not being a barrister or solicitor, to appear in support of that child or young person in those proceedings and, if the Court thinks desirable, for such other purposes (including any other proceedings under this Act or any other enactment) as the Court may specify.

(2)Where the Court appoints a lay advocate under subsection (1) of this section, it shall, so far as practicable, appoint a person who has, by reason of personality, cultural background, knowledge, and experience, sufficient standing in the culture of the child or young person in respect of whom the appointment is to be made to enable that person to carry out his or her duties under this Act.

(3)The Court may make an appointment under subsection (1) of this section notwithstanding that the child or young person is represented in the proceedings by a barrister or solicitor.

(4)Notwithstanding that the proceedings in respect of which any lay advocate was appointed under subsection (1) of this section have been disposed of or that the appointment is no longer required for any other purpose specified by the Court pursuant to that subsection, the Court may, if the Court is satisfied that it is necessary or desirable in the interests of the child or young person to do so,---

(a)Extend that lay advocate's appointment; or

(b)Make a further appointment under subsection (1) of this section in respect of that child or young person---

for such purpose as the Court may specify.

164Further provisions relating to lay advocate

(1)The principal functions of a lay advocate appointed under section 163 of this Act are as follows:

(a)To ensure that the Court is made aware of all cultural matters that are relevant to the proceedings:

(b)To represent the interests of the child's or young person's whanau, hapu, and iwi (or their equivalents (if any) in the culture of the child or young person) to the extent that those interests are not otherwise represented in the proceedings.

(2)A lay advocate appointed under section 163 of this Act in respect of any proceedings---

(a)Shall be served with all documents required to be served on the parties to the proceedings; and

(b)May---

(i)Call any person as a witness in the proceedings:

(ii)Cross--examine witnesses called by any party to the proceedings or by the Court:

(iii)Request the Court to obtain any report that the Court is empowered to obtain for the purposes of the proceedings:

(iv)Attend any family group conference held in respect of the child or young person who is the subject of the proceedings, and make representations on behalf of the child or young person at any such conference:

(v)Make representations on behalf of the child or young person in respect of any matter relating to the detention of that child or young person in secure care, or the care of that child or young person in a residence.

165Payment of lay advocate

(1)The fees and expenses of any lay advocate appointed under section 163 of this Act shall, in accordance with regulations made under this Act, be paid out of the Consolidated Account from money appropriated by Parliament for the purpose.

(2)Notwithstanding subsection (1) of this section, the Court may, if it thinks proper, order any party to the proceedings to refund to the Crown such amount as the Court specifies in respect of any fees and expenses paid under that subsection, and the amount ordered to be refunded shall be a debt due to the Crown by that party and shall be recoverable accordingly in any Court of competent jurisdiction.

Attendance at Hearings and Right to Make Representations

166Persons entitled to be present at hearing of proceedings in Family Court

(1)No person shall be present during the hearing of any proceedings in a Family Court under Part II of this Act relating to a child or young person except---

(a)Officers of the Court:

(b)The parents or guardians or any other person having the care of the child or young person:

(c)The child or young person:

(d)Any person who is a party to the proceedings:

(e)Any near relative of the child or young person:

(f)Any member of the child's or young person's whanau or family group:

(g)Where there is an appropriate Iwi Social Service or Cultural Social Service with respect to the child or young person, a representative of that Social Service:
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

(h)Any Director of a Child and Family Support Service or a representative of any such person:

(i)Any barrister or solicitor representing---

(i)Any parent or guardian or other person having the care of the child or young person:

(ii)The child or young person:

(iii)Any person who is a party to the proceedings:

(j)Any barrister or solicitor appointed under section 160 of this Act to assist the Court:

(k)Any Care and Protection Co-ordinator:

(l)Any Social Worker:

(m)Any lay advocate who appears in support of the child or young person or any parent or guardian or other person having the care of the child or young person:

(n)Witnesses:

(o)Any person whom the Judge permits to be present.

(2)Any witnesses shall leave the courtroom if asked to do so by a Family Court Judge.

Cf. 1974, No. 72, s. 23; 1980, No. 94, s. 159 (2), (3)

167Child or young person may give evidence in private

In any proceedings in a Court under Part II of this Act relating to a child or young person, the Judge hearing the proceedings may, if he or she thinks it desirable to do so,---

(a)Require all or any of the following persons to withdraw from the Court while the child or young person gives evidence:

(i)Any parent or guardian or other person having the care of the child or young person:

(ii)Any other person:

(b)Confer in private with the child or young person.

Cf. 1974, No. 72, s. 30 (4)

168Other powers of Court to hear proceedings in private or exclude persons not affected

Nothing in section 166 (2) or section 167 of this Act limits any other power of the Court to hear proceedings in private or to exclude any person from the Court.

Cf. 1980, No. 94, s. 159 (5)

169Right to make representations

(1)In any proceedings before a Court under Part II of this Act relating to a child or young person, representations may be made to the Court on behalf of the child or young person by---

(a)The child or young person:

(b)Any barrister or solicitor who represents the child or young person:

(c)Any lay advocate who appears in support of the child or young person:

(d)With the leave of the Court, any other person.

(2)Where any parent or guardian or other person having the care of a child or young person appears before a Court as a party to any proceedings before that Court under Part II of this Act, representations may be made to the Court on behalf of that parent or guardian or other person by---

(a)That parent or guardian or other person:

(b)Any barrister or solicitor who represents that parent or guardian or other person:

(c)Any lay advocate who appears in support of that parent or guardian or other person:

(d)With the leave of the Court, any other person.

Cf. 1974, No. 72, s. 40 (b), (c); 1983, No. 129, s. 9

Mediation Conferences

170Calling of mediation conference

(1)Where an application is made to the Court for a declaration under section 67 of this Act (other than on the ground specified in section 14 (1) (e) of this Act), or for the exercise of the Court's jurisdiction under any other provision of Part II of this Act, a Family Court Judge or any of the following persons may ask the Registrar of the Court to arrange for a mediation conference to be convened:

(a)The applicant:

(b)The child or young person to whom the application relates:

(c)Any barrister or solicitor who represents that child or young person:

(d)Any other person upon whom the application has been served in accordance with section 152 or section 154 of this Act.

(2)On receiving a request under subsection (1) of this section, the Registrar shall---

(a)Appoint a time and place for the holding of the mediation conference, being as soon as reasonably practicable after the receipt of the request; and

(b)Give notice to each of the persons referred to in paragraphs (a) to (d) of subsection (1) of this section of the time and place of the mediation conference, and request each of those persons to attend the conference.

Cf. 1980, No. 94, s. 13

171Objectives of mediation conference

The objectives of a mediation conference are---

(a)To identify the problem in respect of which the exercise of the Court's jurisdiction is sought; and

(b)To reach agreement on a solution for the problem.

Cf. 1988, No. 4, s. 67

172Procedure at mediation conference

(1)Every mediation conference shall be presided over by a Family Court Judge.

(2)The following persons are entitled to be present at, and to participate in, a mediation conference:

(a)The child or young person to whom the proceedings in respect of which the conference is held relate, unless, in the case of a child, the presiding Judge considers that the attendance of that child would be inappropriate:

(b)The barrister or solicitor representing the child or young person:

(c)Any other person to whom the notice required by section 170 (2) (b) of this Act must be given:

(d)Subject to any direction by the presiding Judge to the contrary,---

(i)Any barrister or solicitor representing any parent or guardian or other person having the care of the child or young person who is the subject of the proceedings in respect of which the conference is held:

(ii)Any lay advocate who appears in support of that child or young person or any parent or guardian or other person having the care of that child or young person:

(e)With the leave of the presiding Judge, any other person.

(3)Subject to any direction by the presiding Judge to the contrary, every mediation conference shall be held in private.

(4)The presiding Judge may from time to time adjourn a mediation conference to such time and place as the Judge may determine.

Cf. 1988, No. 4, s. 68

173Presiding Judge to make record of proceedings at mediation conference

(1)Where, at a mediation conference, the parties to the proceedings in respect of which the conference is held reach agreement on the nature of the problem in respect of which the exercise of the Court's jurisdiction is sought, and on the solution for that problem, the presiding Judge shall record in writing the terms of the agreement.

(2)Where agreement is not reached on all matters, the presiding Judge shall record in writing those matters on which there is agreement and those matters on which there is no agreement.

(3)In every case, the presiding Judge shall state in the record whether or not---

(a)The child or young person who is the subject of the proceedings in respect of which the conference is held was present; and

(b)That child or young person agreed to any matter referred to in subsection (1) or subsection (2) of this section on which the parties reached agreement.

(4)The record made by the presiding Judge under subsection (1) or subsection (2) of this section shall be filed in the Court in which the relevant application is filed.

Cf. 1988, No. 4, s. 69

174Power of presiding Judge to make consent orders

(1)Subject to subsection (2) of this section, at a mediation conference the presiding Judge may, by consent of the parties, make any declaration or order that could have been made by the Court in the proceedings in respect of which the conference was held.

(2)Where the making of any order under this Act requires the consent of any person who is not a party to the proceedings, the presiding Judge shall not make that order under subsection (1) of this section unless that person gives that consent.

(3)An order made under this section shall for all purposes have the same effect as if it were made by consent in proceedings before the Court.

Cf. 1988, No. 4, s. 70

175Power to require attendance at mediation conference

(1)Where any person fails to comply with a request under section 170 (2) (b) of this Act to attend a mediation conference, a District Court Judge may, on the request of the Registrar of the Court, issue a summons requiring the person to attend a mediation conference at a time and place to be specified in the summons.

(2)Subsections (1) to (3) and (5) of section 20 of the Summary Proceedings Act 1957 shall apply to a summons under this section as if it were a witness summons issued under that section.

Cf. 1988, No. 4, s. 71

176Privilege

(1)No evidence shall be admissible in any Court, or before any person acting judicially, of any information, statement, or admission disclosed or made to any person in the course of a mediation conference.

(2)Nothing in subsection (1) of this section applies to a record made by a Family Court Judge under section 173 of this Act, or to any consent order made under section 174 of this Act, or to any proceedings for the review of any such order.

Cf. 1988, No. 4, s. 72

177Presiding Judge may hear subsequent proceedings

The Family Court Judge who presides over a mediation conference shall be entitled to hear any subsequent proceedings under the application in respect of which the conference was held unless in all the circumstances the Judge decides, of that Judge's own motion or on application by any party,---

(a)That it would be inappropriate for that Judge to do so; or

(b)That there is some other sufficient reason for the application to be heard by another Judge.

Cf. 1988, No. 4, s. 73

Reports

178Medical, psychiatric, and psychological reports

(1)If, at any stage of any proceedings under Part II of this Act, it appears to the Court to be expedient that a medical, psychiatric, or psychological report should be available to the Court in respect of any child or young person to whom the proceedings relate, the Court may, on application by any party to the proceedings or the barrister or solicitor representing the child or young person, or of its own motion, if it thinks fit,---

(a)Order the child or young person to attend for a medical, psychiatric, or psychological examination; or

(b)Where the child or young person is, or is to be, held in the custody of the Director-General or detained in any residence, order that the child or young person undergo a medical, psychiatric, or psychological examination at the place at which the child or young person is, or is to be, detained.

(2)Subject to subsection (3) of this section if, at any stage of any proceedings under Part II of this Act, it appears to the Court to be expedient that a medical, psychiatric, or psychological report should be available to the Court in respect of any parent or guardian or other person having the care of any child or young person to whom the proceedings relate or any person who it is proposed should have the care of the child or young person, the Court may, on application by any party to the proceedings, or of its own motion, if it thinks fit, order the parent or guardian or other person having the care of the child or young person, or other person, to attend for a medical, psychiatric, or psychological examination.

(3)The Court shall not make an order under subsection (2) of this section requiring any person to undergo any medical, psychiatric, or psychological examination unless that person consents to the making of that order.

(4)Subject to the right of the person who refuses to consent to the order to explain the reasons for that person's refusal, and to cross-examine witnesses and call evidence, the Court may draw such, inferences (if any) from the fact of the refusal as appear to it to be proper in the circumstances.

Cf. 1974, No. 72, s. 42A (1) - (2); 1977, No. 126, s. 13

179Further provisions relating to medical, psychiatric, and psychological examinations

(1)Every medical examination carried out under subsection (1) or subsection (2) of section 178 of this Act shall be carried out by a registered medical practitioner.

(2)Every psychiatric examination carried out under subsection (1) or subsection (2) of section 178 of this Act shall be carried out by a registered medical practitioner holding a specialist psychiatric appointment or being registered on the register of specialists in the specialty of psychological medicine, or psychiatry.

(3)Every psychological examination carried out under subsection (1) or subsection (2) of section 178 of this Act shall be carried out by---

(a)A registered medical practitioner holding a psychiatric appointment or being registered on the register of specialists in the speciality of psychological medical or psychiatry; or

(b)A registered psychologist; or

(c)A person appointed by the Court for the purpose, being a person whom the Court is satisfied---

(i)Is entitled to practice as a psychologist, or in the speciality of psychological medical or psychiatry, in that person's country of permanent residence; and

(ii)Has qualifications that, in the view of the appropriate registering body in New Zealand, are at least equivalent to those required of a person referred to in paragraph (a) or paragraph (b) of this subsection.

(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

(4)Every child or young person who is examined under section 178 (1) of this Act is, where practicable, entitled to have present during that examination one adult---

(a)Who is nominated for that purpose by that child or young person or, if the age or level of maturity of the child or young person makes it impracticable for him or her to make such a nomination, by a Social Worker; and

(b)Who consents to be present.

Cf. 1974, No. 72, s. 42A (4); 1977, No. 126, s. 13

180Fees for reports prepared under section 178

Where any person prepares a report pursuant to section 178 of this Act, the fees and expenses of that person shall be paid by such party or parties to the proceedings as the Court shall order or, if the Court so decides, shall be paid out of money appropriated by Parliament for the purpose.

Cf. 1968, No. 63, s. 29A (6); 1980, No. 95, s. 17

181Court may order examination to be carried out in psychiatric hospital

(1)If, at any stage of the hearing of any proceedings under Part II of this Act,---

(a)Two medical practitioners have certified or given evidence that a psychiatric assessment of any child of or over the age of 10 years, or of any young person to whom the proceedings relate, should be obtained, and it appears to the Court that it would not be practicable for such assessment to be carried out outside a psychiatric hospital; or

(b)Two psychiatric reports (whether obtained pursuant to section 178 (1) of this Act or otherwise) recommending detention of any such child or young person in a psychiatric hospital for further observation are available to the Court,---

the Court may, if it considers it expedient, make an order for the detention and examination of that child or young person in a psychiatric hospital for such period, not exceeding 5 days, as the Court thinks fit.

(2)Where an order is made under subsection (1) of this section, a Family Court Judge may, on application made at any time before the expiry of the period specified in the order, if he or she is satisfied that it is necessary to detain the child or young person to whom the order relates in a psychiatric hospital for longer than that period for the purpose of completing the assessment or observation of that child or young person pursuant to that order, extend the period for which that child or young person may be detained in that hospital for such period, not exceeding 14 days, as the Judge thinks fit.

(3)The examination required by an order made under subsection (1) of this section shall be carried out by a medical practitioner holding a specialist psychiatric appointment or being registered on the register of specialists in the specialty of psychological medicine or psychiatry.

(4)An order made under subsection (1) of this section in respect of any child or young person is sufficient authority---

(a)For the detention of the child or young person by a Social Worker or any member of the Police for the purpose of ensuring compliance with the order:

(b)For the transfer of the child or young person from a residence to a psychiatric hospital:

(c)For the detention of the child or young person and examination in a psychiatric hospital:

(d)For the return to any residence in which the child or young person was detained at the time of transfer to a psychiatric hospital.

Cf. 1974, No. 72, s. 42A (3), (4); 1977, No. 126, s. 13

182Release of child or young person from psychiatric hospital where detention no longer required

Any child or young person who is detained in a psychiatric hospital pursuant to an order made under section 181 (1) of this Act may be released, or may be returned to a residence, as the case may require, notwithstanding that the period for which the child or young person was ordered to be detained has not expired, if the Superintendent of that psychiatric hospital certifies in writing that the assessment of the child or young person has been completed or that no further observation of the child or young person is required.

Cf. 1974, No. 72, s. 42A (9); 1977, No. 126, s. 13

183Review of order made under section 178 or section 181

The Court may, from time to time, review any order made under section 178 or section 181 of this Act, and on any such review the Court may make such order as may be just.

184Court may indicate matters to be dealt with in report

Where the Court makes an order under subsection (1) or subsection (2) of section 178 or under section 181 (1) of this Act, it may indicate any specific matter that it requires to be dealt with in any medical, psychiatric, or psychological report.

185Sections to have effect in place of section 121 of Criminal Justice Act 1985

In respect of any person to whom an application for a declaration under section 67 of this Act relates, the provisions of sections 178 to 183 of this Act shall have effect in the place of the provisions of section 121 of the Criminal Justice Act 1985.

Cf. 1974, No. 72, s. 42A (10); 1977, No. 126, s. 13

186Report by Social Worker

(1)Where the Court makes a declaration under section 67 of this Act, the Court may, before making any order referred to in section 83 (1) or section 84 (1) of this Act, obtain and consider a report from a Social Worker.

(2)The Court shall not make---

(a)A final order under section 101 of this Act placing a child or young person in the custody of the Director-General or an Iwi Social Service or a Cultural Social Service or the Director of a Child and Family Support Service; or

(b)An order under section 110 of this Act appointing the Director-General or an Iwi Social Service or a Cultural Social Service as the sole guardian of a child or young person---

unless the Court has first obtained and considered a report from a Social Worker.
(amended by the the Children, Young Persons, and Their Families Amendment Act 1994)

(3)Every report obtained pursuant to this section in respect of a child or young person shall include---

(a)Such information as is required to be included in such reports by guidelines issued from time to time in writing by the Director-General after consultation with the Principal Family Court Judge:

(b)Such other information as may assist the Court in its consideration of the matter:

(c)Such other information as the Court may direct.

(4)Every report required pursuant to this section shall be prepared, where appropriate, in consultation with a Maatua Whangai worker.

(5)In this section, the term ‘Social Worker' includes a person employed in the speciality of social work by the Director of a Child and Family Support Service, or by an Iwi Social service or a Cultural Social Service, who consents to make a report under this section.
(inserted by the Children, Young Persons, and Their Families Amendment Act 1994)

Cf. 1974, No. 72, s. 41 (3); 1982, No. 135, s. 9 (1)

187Cultural and community reports

(1)Where the Court makes a declaration under section 67 of this Act that a child or young person is in need of care or protection, the Court may, before making any order referred to in section 83 (1) of this Act, of its own motion, or at the request of any of the persons specified in subsection (2) of this section, require any person to report to the Court on---

(a)The heritage and the ethnic, cultural, or community ties and values of the child or young person or the child's or young person's family, whanau, or family group:

(b)The availability of any resources within the community that would, or would be likely to, assist the child or young person or the child's or young person's family, whanau, or family group:

(c)Where the declaration was made on the ground specified in section 14 (1) (a) or (b) of this Act, the availability of any option---

(i)That would be an alternative to an order under Part II of this Act relating to the custody or guardianship of the child or young person; and

(ii)That would, or would be likely to, ensure that the kind of harm suffered by the child or young person will neither continue nor be repeated.

(2)Any of the following persons may ask the Court to obtain a report under subsection (1) of this section:

(a)The child or young person:

(b)Any parent or guardian or other person having the care of the child or young person:

(c)Any barrister or solicitor representing---

(i)Any parent or guardian or other person having the care of the child or young person:

(ii)The child or young person:

(d)Any barrister or solicitor appointed under section 160 of this Act to assist the Court:

(e)Any lay advocate who appears in support of the child or young person or any parent or guardian or other person having the care of the child or young person:

(f)Any Social Worker after consultation, where appropriate, with a Maatua Whangai worker.

(3)Unless it is impracticable or inappropriate to do so, the Court shall ascertain and have regard to the wishes of the child or young person and the child's or young person's family, whanau, or family group in determining the person required to furnish a report under this section.

(4)The fees and expenses of any person who furnishes a report under this section shall, if the Court so directs, be paid out of money appropriated by Parliament for the purpose.

188Privilege for reports

Any person who furnishes any report to the Court pursuant to section 178 or section 181 or section 186 or section 187 of this Act shall not be under any civil or criminal liability in respect of the report unless that person has acted in bad faith or without reasonable care.

Cf. 1974, No. 72, s. 41 (8); 1982, No. 135, s. 9 (1)

189Adjournment for purposes of obtaining report

(1)Any adjournments for the purposes of obtaining a report pursuant to section 178 or section 181 or section 186 or section 187 of this Act---

(a)Shall be for the minimum period necessary to enable the report to be prepared; and

(b)Shall in no case exceed a total of more than 28 days unless the Court in any special case otherwise determines; but

(c)May otherwise be on such conditions as the Court thinks fit.

(2)Where any proceedings are adjourned for the purposes of obtaining any report pursuant to section 178 or section 181 or section 186 or section 187 of this Act, the person responsible for preparing that report shall make all reasonable endeavours to ensure that the report is filed with the Court at least 2 working days before the date set for the hearing of those proceedings to resume.

Cf. 1974, No. 72, s. 42A (2); 1977, No. 126, s. 13

190Reports may be made orally

The Court may, unless any party to the proceedings objects, direct that any report required pursuant to section 186 (other than a report to which subsection (2) of that section applies) or section 187 of this Act be made orally to the Court.

191Access 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 shall be given by the Registrar of the Court---

(a)To every person entitled to appear and be heard on the proceedings to which the report relates, and to any barrister or solicitor appearing for that person:

(b)To each lay advocate, barrister or solicitor, or other person representing a child or young person to whom the proceedings relate or a parent or guardian or other person usually having the care of the child or young person:

(c)To the Director-General:

(d)To any other person whom the Court considers has a proper interest in receiving a copy of the report.

(2)Every such copy shall, wherever possible, be supplied not later than 1 working day before the sitting of the Court.

Cf. 1974, No. 72, s. 42 (1); 1977, No. 126; s. 12 (1), (2)

192Court 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 person specified in the order where it is satisfied that such disclosure would be, or would be likely to be, detrimental to the physical or mental health, or the emotional wellbeing, of any child or young person or other person to whom the report relates.

Cf. 1974, No. 72, s. 42 (5)

193Right 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 referred to in the report and brought to that person's attention as a result of the disclosure of the report to that person pursuant to section 191 of this Act or being told of its contents.

Cf. 1974, No 72, s. 42 (3); 1977, No. 126, s. 12 (3)

194Court 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.

Cf. 1974, No. 72, s. 42 (4)

Miscellaneous Provisions

195Evidence

Subject to sections 65 and 198 of this Act, in any proceedings under part II of this Act the Court may receive any evidence that it thinks fit, whether it is otherwise admissible in a Court of law or not.

Cf. 1974, No. 72, s. 29 (1)

196Special provisions applying to disclosure of communications to medical practitioner

(1)A barrister or solicitor appointed pursuant to section 159 of this Act to represent a child in any proceedings under Part II of this Act may, for the purposes of section 32 of the Evidence Amendment Act (No.2) 1989, consent to the disclosure by a registered medical practitioner or a clinical psychologist in any such proceedings of any protected communication made to that registered medical practitioner or clinical psychologist by that child, and any consent so given shall be deemed to be the consent of the child given under that section.

(2)For the purposes of this section the expressions `clinical psychologist' `protected communication', and `registered medical practitioner' have the same meanings as in section 32 of the Evidence Amendment Act (No.2) 1980.'

(amended by the Children, Young Persons, and Their Families Amendment Act 1989)

197Standard of proof

Subject to section 198 of this Act, the standard of proof applying in any proceedings under part II of this Act shall be the standard of proof applying in civil proceedings.

198Special 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 14 (1) (e) of this Act unless---

(a)It would have found the child guilty of an offence if the proceedings had been pursuant to an information laid under the Summary Proceedings Act 1957 charging the child with the offence; and

(b)The Court is satisfied that the child knew either that the act or omission constituting the offence was wrong or that it was contrary to law.

(2)Nothing in section 195 or section 197 of this Act applies to any proceedings for a declaration under section 67 of this Act on the ground specified in section 14 (1) (e) of this Act.

Cf. 1974, No. 72, s. 29 (2)

199Power of Court to call witnesses

(1)In any proceedings in a Court under Part II of this Act (not being proceedings for a declaration under section 67 of this Act on the ground specified in section 14 (1) (e) of this Act) the Court may, of its own motion, call as a witness any person whose evidence may, in its opinion, be of assistance to the Court.

(2)The power conferred by subsection (1) of this section shall include power to call as a witness any parent or guardian or other person having the care of the child or young person to whom the proceedings relate, or any person with whom any parent or guardian or other person is cohabiting, or any near relative of the child or young person.

(3)A witness called by the Court under this section shall have the same privilege to refuse to answer any question as the witness would have if the witness had been called by a party to the proceedings.

(4)A witness called by the court under this section may be examined and re-examined by the Court, or by any barrister or solicitor assisting the Court, and may be cross-examined by or on behalf of any party to the proceedings or by any party to the proceedings or by any barrister or solicitor or lay advocate appointed to represent a child or young person to whom the proceedings relate.

(5)Sections 20, 38, and 39 of the Summary Proceedings Act 1957, so far as they are applicable and with the necessary modifications, shall apply with respect to every person called as a witness by the Court under this section as if that person had been called by a party to the proceedings.

(6)The expenses of any witness called by the Court under this section, in accordance worth the prescribed scale of witnesses expenses, shall be paid in the first instance out of the Consolidated Account from money appropriated by Parliament for the purpose.

Cf. 1980, No. 94, s. 165

200Court 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 67 of this Act, the Court shall, so far as it is practicable, give priority to the proceedings in order to ensure that, unless there are special reasons why a longer period is required, the hearing of the application commences not later that 60 days after the application is filed in the Court.

201Adjournments

(1)Subject to this section, the Court may, from time to time, adjourn the hearing of any proceedings under part II of this Act.

(2)In considering---

(a)Whether to adjourn the hearing of any such proceedings; and

(b)The period of any such adjournment,---

the Court shall have regard to the principle that proceedings under part II of this Act should be dealt with as expeditiously as is possible.

(3)On the granting of an adjournment under this section the Court may---

(a)Make an order under section 78 of this Act (which relates to the custody of a child or young person pending the determination of any proceedings):
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

(b)Make an order under section 121 of this Act (which relates to access and other rights in respect of a child or young person).

202Orders by consent

In any proceedings under Part II 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 parties to the proceedings.

Cf. 1980, No. 94, s. 170

203Costs

In any proceedings under part II of this Act the Court may make such order as to costs as it thinks fit.

Cf. 1968, No. 63, s. 27B; 1980, No. 95, s. 14

204Rehearings

(1)Where a declaration or an order has been made or refused on an application under part II of this Act, the Court may, on the application of he applicant or any other person who was a party to the proceedings or the barrister or solicitor representing the child or young person to whom the proceedings relate, grant a rehearing of the application on such conditions as it thinks fit.

(2)Notice of any such rehearing shall be given to such persons and in such manner as the Court directs.

(3)An application for a rehearing under this section shall not operate as a stay of proceedings unless the Court so orders.

(4)If the Court grants an application for a rehearing, the declaration or order shall continue to have effect unless the Court orders otherwise.

Cf. 1980, No. 94, s. 173

205Preventing 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 of this Act in relation to a child or young person; and

(b)Any District Court Judge or, if no District Court Judge is available, any Registrar (not being a member of the Police) is satisfied that are reasonable grounds for believing that any person is about to take that child or young person out of New Zealand.

(2)Where this section applies, the District Court Judge or Registrar---

(a)May order that any tickets or travel documents (including the passport) of the child or young person, or of the person believed to be about to take the child or young person out of New Zealand, or of both, be surrendered to the Court for such period and upon such conditions as the Court thinks fit; and

(b)May, in addition, issue a warrant directing any Social Worker or member of the Police to take possession of the child or young person (using such reasonable force as may be necessary) and place the child or young person in the custody of the Director-General pending the order or further order of the Court.

(3)Any person against whom an order under subsection (2) (a) of this section is in force may apply to the Court for the discharge of the order, and the Court, in its discretion, may discharge the order.

(4)Sections 123 of this Act shall apply, with all necessary modifications, in relation to every warrant issued under subsection (2) of this section as if every such warrant were a warrant issued under section 122 of this Act (which relates to the enforcement of rights of access).
(amended by the Children, Young Persons, and Their Families Amendment Act 1996)

Cf. 1968, No. 63, s. 20; 1979, No. 52, s. 3 (1)

206Offence 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 3 months or to a fine not exceeding $2,000 who, without the leave of the Court, takes or attempts to take any child or young person out of New Zealand knowing that and application for a declaration under section 67 of this Act in respect of that child or young person is about to be made or that a determination of any such application is pending.

(2)No proceedings for contempt of Court shall be taken against any person in respect of any act to which this section applies.

Cf. 1968, No. 63, s. 20 (3), (4); 1979, No. 52, s. 3 (1)

207Vexatious proceedings

(1)The Court may dismiss any proceedings before it under Part II of this Act if it is satisfied that they are frivolous or vexatious or an abuse of the procedure of the Court.

(2)The Court may, if it is satisfied that a person has persistently instituted vexatious proceedings under Part II of this Act or under the corresponding provisions of any former Act (whether those proceedings were in respect of the same person or matter or different persons or matters), after giving the first-mentioned person an opportunity of being heard, order that no proceeding under Part II of this Act, or no proceedings under that Part of any specified kind or in respect of any specified person or matter, shall be commenced by the first-mentioned person without the leave of the Court.

Cf. 1980, No. 94, s. 163

Part IV:Youth Justice

Principles

208Principles

Subject to section 5 of this Act, any Court which, or person who, exercises any powers conferred by or under this Part or Part V or sections 351 to 360 of this Act shall be guided by the following principles:

(a)The principle that, unless the public interest requires otherwise, criminal proceedings should not be instituted against a child or young person if there is an alternative means or dealing with the matter:

(b)The principle that criminal proceedings should not be instituted against a child or young person solely in order to provide any assistance or services needed to advance the welfare of the child or young person, or his or her family, whanau, or family group:

(c)The principle that any measures for dealing with offending by children or young persons should be designed---

(i)To strengthen the family, whanau, hapu, iwi, and family group of the child or young person concerned; and

(ii)To foster the ability of families, whanau, hapu, iwi, and family groups to develop their own means of dealing with offending by their children and young person:

(d)The principle that a child or young person the commits an offence should be kept in the community so far as that is practicable and consonant with the need to ensure the safety of the public:

(e)The principle that a child's or young person's age is a mitigating factor in determining---

(i)Whether or not to impose sanctions in respect of offending by a child or young person; and

(ii)The nature of any such sanctions:

(f)The principle that any sanctions imposed on a child or young person who commits an offence should---

(i)Take the form most likely to maintain and promote the development of the child or young person within his or her family, whanau, hapu, and family group; and

(ii)Take the least restrictive form that is appropriate in the circumstances:

(g)The principle that any measures for dealing with offending by children or young persons should have due regard to the interests of any victims of that offending:

(h)The principle that the vulnerability of children and young persons entitles a child or young person to special protection during any investigation relating to the commission or possible commission of an offence by that child or young person.

Warnings and Formal Police Cautions

209Consideration of warning as alternative to prosecution

Where an enforcement officer is considering whether to institute criminal proceedings against a child or young person for an offence alleged or admitted to have been committed by that child or young person, that officer shall consider whether it would be sufficient to warn the child or young person, unless a warning is clearly inappropriate having regard to the seriousness of the offence and the nature and number of previous offences committed by the child or young person.

210Administration of warning

Where, in respect of any offence alleged or admitted to have been committed by a child or young person, an enforcement officer decides that it would be sufficient to warn that child or young person, that officer may warn the child or young person, or arrange for any other person to warn the child or young person.

211Formal Police caution

(1)Where, in respect of any offence admitted or proved to have been committed by a child or young person, a family group conference recommends that a formal police caution be given to the child or young person, a member of the Police may caution the child or young person.

(2)The following provisions shall apply in respect of a formal Police caution given to a child or young person:

(a)Where practicable, the caution shall be given at a Police station:

(b)The caution shall be given by a member of the Police who is of or above the rank or sergeant, or if no such member of the Police is available, by the highest ranking member available:

(c)The caution shall be given in the presence of---

(i)A parent or guardian or other person having the care of the child or young person; or

(ii)An adult person nominated by the child or young person.

212Notice of warning or caution

(1)Every person who gives a warning pursuant to section 210 of this Act, or a formal Police caution pursuant to section 211 of this Act, to any child or young person shall, as soon as practicable after giving that warning or caution, give written notice specifying the offence in reaccept of which the warning or caution is given, and recording the fact that a warning or caution has been given in respect of that offence, to the child or young person and a parent or guardian or other person having the care of the child or young person.

(2)Where practicable, every such notice shall be given in language that can be understood by the child or young person and the parent or guardian or other person having the care of the child or young person.

213Evidence of warnings and formal Police cautions and of offences to which they relate not admissible in criminal proceedings

Where, in respect of any offence alleged or admitted or proved to have been committed by a child or young person, a warning or formal police caution is given to that child or young person pursuant to section 210 or section 211 of this Act,---

(a)No information relating to that warning or that caution shall be disclosed, other than on behalf of the defence, in any criminal proceedings against that child or young person:

(b)No evidence of that offence shall be admissible, on behalf of the prosecution, in any criminal proceedings against that child or young person for any other offence.

Arrest of Child or Young Person Without Warrant

214Arrest of child or young person without warrant

(1)Subject to sections 233 and 244 of this Act, where, under any enactment, any enforcement officer has a power of arrest without warrant, that officer shall not arrest a child or young person pursuant to that power unless that officer is satisfied, on reasonable grounds,---

(a)That it is necessary to arrest that child or young person without warrant for the purpose of---

(i)Ensuring the appearance of the child or young person before the Court; or

(ii)Preventing that child or young person from committing further offences; or

(iii)Preventing the loss or destruction of evidence relating to an offence committed by the child or young person or an offence that the enforcement officer has reasonable cause to suspect that child or young person of having committed, or preventing interference with any witness in respect of any such offence; and

(b)Where the child or young person may be proceeded against by way of summons, that proceeding by way of summons would not achieve that purpose.

(2)Nothing in subsection (1) of this section prevents a member of the police from arresting a child or young person without warrant on a charge of any offence where---

(a)The member of the Police has reasonable cause to suspect that the child or young person has committed a purely indictable offence; and

(b)The member of the Police believes, on reasonable grounds, that the arrest of the child or young person is required in the public interest.

(3)Every enforcement officer who arrests a child or young person without warrant shall, within 3 days of making the rest, furnish a written report---

(a)Where that enforcement officer is a member of the Police, to the Commissioner of Police:

(b)Where that enforcement officer is a traffic officer (other than a traffic officer who is an officer of a local authority), to the chief executive of the Ministry of Transport:

(c)Where that enforcement officer is an officer of employee of the Public Service, to the chief executive of the Department of which that person is an officer or employee:

(d)Where that enforcement officer is an officer of a local authority, to the principal administrative officer of that local authority.

(4)Every report furnished pursuant to subsection (3) of this section in respect of the arrest of any child or young person shall state the reason why the child or young person was arrested without warrant.

Cf. Children's Services Ordinance 1986 (Australian Capital Territory), No. 13, 1986, s. 31

Rights of Children and Young Persons When Questioned, Charged with Offence, or Arrested

215Child or young person to be informed of rights before questioned by enforcement officer

(1)Subject to sections 233 and 244 of this Act, every enforcement officer shall, before questioning any child or young person whom there are reasonable grounds to suspect of having committed an offence, or before asking any child or young person any question intended to obtain an admission of an offence, explain to that child or young person---
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

(a)Subject to subsection (2) of this section, if the circumstances are such that the enforcement officer would have power to arrest the child or young person without warrant, that the child or young person may be arrested if, by refusing to give his or her name and address to the enforcement officer, the child or young person cannot be served with a summons; and

(b)Subject to subsection (2) of this section, that the child or young person is not obliged to accompany the enforcement officer to any place for the purpose of being questioned, and that if the child or young person consent to do so, that he or she may withdraw that consent at any time; and

(c)That the child or young person is under no obligation to make or give any statement; and

(d)That if the child or young person consents to make or give a statement, the child or young person may withdraw that consent at any time; and

(e)That any statement made or given may be used in evidence in any proceedings; and

(f)That the child or young person is entitled to consult with, and make or give any statement in the presence of, a barrister or solicitor and any person nominated by the child or young person in accordance with section 222 of this Act.

(2)Nothing in paragraph (a) or paragraph (b) of subsection (1) of this section applies where the child or young person is under arrest.

(3)Without limiting subsection (1) of this section, where, during the course of questioning a child or young person, an enforcement officer forms the view that there are reasonable grounds to suspect the child or young person of having committed an offence, the enforcement officer shall, before continuing the questioning, give the explanation required by that subsection.
(inserted by the Children, Young Persons, and Their Families Amendment Act 1994)

215A.Rights to be explained to child or young person on request

Subject to section 233 and 244 of this Act, where---

(a)Any enforcement officer is questioning any child or young person in relation to that child's or young person's involvement in the commission of any offence or suspected offence; and

(b)That child or young person makes any enquiry of that enforcement officer, being an enquiry that relates (in whole or in part), or that may reasonably be taken as relating (in whole or in part), to any of the matters set out in any of paragraphs (a) to (f) of section 215 (1) of this Act,--

that enforcement officer shall explain to that child or young person such of those matters as, in the circumstances of the particular case, are appropriate to the enquiry that was made.

(inserted by the Children, Young Persons, and Their Families Amendment Act 1994")

216Enforcement officer to explain rights to child or young person who is to be charged with offence

Subject to sections 233 and 244 of this Act, where---

(a)An enforcement officer is questioning a child or young person in relation to the commission or possible commission of an offence by that child or young person; and

(b)That enforcement officer makes up his or her mind to charge that child or young person with an offence,---

the enforcement officer shall explain to that child or young person---

(c)Except where the child or young person is under arrest, the matters specified in paragraphs (a) and (b) of section 215 (1) of this Act; and

(d)The matters specified in paragraphs (c) to (f) of section 215 (1) of this Act.

217Rights to be explained to child or young person who in arrested

Subject to sections 233 and 244 of this Act, every enforcement officer shall, on arresting any child or young person pursuant to section 214 of this Act, explain to that child or young person the matters specified in paragraphs (c) to (f) of section 215 (1) of this Act.

218Explanations to be given in manner and language appropriate to age and level of understanding of child or young person

Every explanation required to be given to a child or young person pursuant to section 215 or section 215A or section 216 or section 217 of this Act shall be given in a manner and in language that is appropriate to the age and level of understanding of the child or young person.
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

219Explanations not required if child or young person already informed of rights

Nothing in section 215 or section 215A or section 216 or section 217 of this Act requires any explanation to be given to a child or young person if the same explanation has been given to the child or young person not earlier than 1 hour before the later explanation would, apart from this section, be required be required to be given.
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

220Other enactments requiring information or particulars not affected

Nothing in section 215 or section 215A or section 216 or section 217 of this Act limits or affects any other enactment or rule of law that imposes a requirement on any person to supply any information or particulars to an enforcement officer.
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

Provisions Relating to Admissibility of Statements Made by Children and Young Persons

221Admissibility of statements made by children and young persons

(1)This section applies to---

(a)Every child or young person who is being questioned by an enforcement officer in relation to the commission or possible commission of an offence by that child or young person:

(b)Every child or young person---

(i)Who has been arrested pursuant to section 214 of this Act; or

(ii)Whom any enforcement officer has made up his or her mind to charge with the commission of an offence; or

(iii)Who has been detained in the custody of an enforcement officer following arrest pursuant to section 214 of this Act.

(2)Subject to sections 223 to 225 and sections 233 and 244 of this Act, no oral or written statement made or given to any enforcement officer by a child or young person to whom this section applies is admissible in evidence in any proceedings against that child or young person for an offence unless---

(a)Before the statement was made or given, the enforcement officer has explained in a manner and in language that is appropriate to the age and level of understanding of the child or young person,---

(i)Except where subsection (1) (b) (i) or (iii) of this section applies, the matters specified in paragraphs (a) and (b) of section 215 (1) of this Act; and

(ii)The matters specified in paragraphs (c) to (f) of section 215 (1) of the Act; and

(b)Where the child or young person wishes to consult with a barrister or solicitor and any person nominated by that child or young person in accordance with section 222 of this Act, or either of those persons, before making or giving the statement, the child or young person consults with those persons or, as the case requires, that person; and

(c)The child or young person makes or gives the statement in the presence of one or more of the following persons:

(i)A barrister or solicitor:

(ii)Any person nominated by the child or young person in accordance with section 222 of this Act:

(iii)Where the nominated by the child or young person refuses or fails to nominate any person in accordance with section 222 of this Act,---

(A)Any person referred to in paragraph (a) or paragraph (b) of section 222(1) of this Act; or

(B)Any other adult (not being an enforcement officer).

222Persons who may be nominated for the purposes of section 221 (2) (b) of (c)

(1)Subject to subsection (2) of this section, a child or young person may nominate one of the following persons for the purposes of section 221 (2) (b) of (c) of this Act:

(a)A parent or guardian of the child or young person:

(b)An adult member of the family, whanau, or family group of the child young person:

(c)Any other adult selected by the child or young person:

(d)If the child or young person refuses of fails to nominate any person referred to in any of paragraphs (a) to (c) of this subsection, any adult (not being an enforcement officer) nominated for the purpose by an enforcement officer.

(2)Where an enforcement officer believes, on reasonable grounds, that any person nominated by a child or young person pursuant to subsection (1) (a) of (b) or (c) of this section,---

(a)If permitted to consult with the child or young person pursuant to section 221 (2) (b) of this Act, would attempt, or would be likely to attempt, to pervert the course of justice; or

(b)Cannot with reasonable diligence be located, or will not be available within a period of time that is reasonable in the circumstance,---

that enforcement officer may refuse to allow the child or young person to consult with that person.

(3)Where pursuant to subsection (2) of this section, a child or young person is not permitted to consult with a person nominated by that child or young person pursuant to subsection (1) of this section, that child or young person shall, subject to subsection (2) of this section, be permitted to consult with any other person nominated by that child or young person pursuant to subsection (1) of this section.

(4)It is the duty of any person nominated pursuant to subsection (1) of this section---

(a)To take reasonable steps to ensure that the child or young person understands the matters explained to the child or young person under section 221 (2) (a) of this Act; and

(b)To support the child or young person---

(i)Before and during any questioning; and

(ii)It the child or young person agrees to make or give any statement, during the making or giving of the statement."

(inserted by the Children, Young Persons, and Their Families Amendment Act 1994)

223Section 221 not to apply where statement made before requirements of that section can be met

Nothing in section 221 of this Act applies to an oral statement made by a child or young person spontaneously and before and enforcement officer has had a reasonable opportunity to comply with the requirements of that section.

224Reasonable compliance sufficient

No statement shall be inadmissible pursuant to section 221 of this act on the grounds that any requirement imposed by that section, has not been strictly complied with or has not been complied with at all, provided that there has been reasonable compliance with the requirement imposed by that section.

225Other enactments relating to admissibility of statements or confessions, or requiring information or particulars to be given, not affected

Nothing in section 221 of this Act limits or affects---

(a)Any other enactment or rule of law (not being an enactment or rule of law inconsistent with the provisions of that section) relating to the admissibility of statements and confessions; or

(b)Any other enactment or rule of law that imposes a requirement on any pews to supply any information or particulars to on enforcement officer.

226Evidence of communications during consultation not admissible

Notwithstanding any other enactment or rule of law, no evidence of any communication (whether oral, written, or in any other form) that occurs between a child or young person and any person with whom that child or young person is consulting pursuant to section 221 (2) (b) of this Act while that consultation is taking place shall be admissible on behalf of the prosecution in any proceedings against that child or young person for any offence.

Entitlement to Consult Barrister or Solicitor

227Child or young person at enforcement agency office for questioning in relation to commission or possible commission of offence or arrested entitled to consult with barrister or solicitor

(1)Subject to sections 233 and 244 of this Act, an enforcement officer shall, in relation to any child or young person who is at an enforcement agency office for questioning in relation to the commission or possible commission of an offence by that child or young person, as soon as practicable after the child or young person arrives at the enforcement agency office, inform that child or young person that the child or young person is entitled to consult with a barrister or solicitor.

(2)Subject to sections 233 and 244 of this Act, every enforcement officer who arrests a child or young person shall, on arresting the child or young person, inform the child or young person that the child or young person is entitled to consult with a barrister or solicitor at the enforcement agency office to which the child or young person is to be taken following arrest or, if the child or young person is arrested at an enforcement agency office, at that office.

(3)Subject to sections 233 and 244, of this Act, every child or young person who is at an enforcement agency office for questioning in relation to the commission or possible commission of an offence by that child or young person, or who is taken to an enforcement agency office following arrest, or who is arrested at an enforcement agency office, as the case may be, is entitled to consult privately with a barrister or solicitor at that enforcement agency office.

(4)Nothing in subsection (3) of this section limits section 13G (3) of the Misuse of Drugs Amendment Act 1978.

228Entitlement of child or young person to consult with barrister or solicitor where taken to hospital following arrest or questioned at hospital

(1)Subject to sections 233 and 244 of this Act, every child or young person---

(a)Who is taken to a hospital for treatment following arrest; or

(b)Who is arrested while at a hospital for treatment; or

(c)Who, while at any hospital for treatment, is to be questioned by an enforcement officer in relation to the commission or possible commission of an offence by that child or young person---

is entitled to consult privately with a barrister or solicitor at that hospital.

(2)Nothing in subsection (1) of this section limits section 13G (3) of the Misuse of Drugs Amendment Act 1978.

Notification of Parents and Other Persons Where Child or Young Person Being Questioned or Is Arrested

229Parents or guardians or other persons to be informed where child or young person at enforcement agency office for questioning in relation to commission or possible commission of offence or is arrested

(1)Subject to sections 233 and 244 of this Act, an enforcement officer shall, in relation to any child or young person who is at an enforcement agency office for questioning in relation to the commission or possible commission of an offence by that child or young person, or who is at an enforcement agency office following arrest, as soon as practicable after the child or young person arrives at the enforcement agency office for questioning, or is taken to the enforcement agency office following arrest, or in the case of a child or young person who is arrested at an enforcement agency office, is arrested, as the case may be,---

(a)Inform a person nominated by the child or young person in accordance with section 231 of this Act that the child or young person is at the enforcement agency office for questioning or has been arrested and that the child or young person may be visited at the enforcement agency office; and

(b)Where---

(i)The person nominated by the child or young person for the purposes of paragraph (a) of this subsection is not a parent or guardian or other person having the care of the child or young person; or

(ii)The child or young person refuses or fails to nominate any person in accordance with section 231 of this Act,---

unless it is impracticable to do so, inform the parents or guardians or other persons having the care of the child or young person that the child or young person is at the enforcement agency office for questioning or has been arrested.

(2)Subject to sections 233 and 244 of this Act, every person who is informed pursuant to subsection (1) (a) of this section that a child or young person has been taken to an enforcement agency office or arrested---

(a)Is entitled to visit that child or young person at the enforcement agency office; and

(b)Shall, as soon as practicable after that person arrives at the enforcement agency office to visit the child or young person, have explained to him or her by an enforcement officer, in language that can be understood by that person, the matters specified in paragraphs (c) to (f) of section 215 (1) of this Act, and

(c)Subject to subsection (3) of this section, is entitled to consult privately with that child or young person during that visit.

(3)Nothing in subsection (2) (c) of this section entitles any person to consult privately with a child or young person (being a child or young person who has been arrested)---

(a)In the absence of any enforcement officer who is for the time being guarding that child or young person; or

(b)Otherwise than subject to such reasonable conditions as may be necessary to ensure the safety of the child or young person or to prevent the commission of any offence.

Cf. Children's Services Ordinance 1986 (Australian Capital Territory), No. 13, 1986, ss. 29, 32

230Evidence of communications during visit not admissible

Notwithstanding any other enactment or rule of law, no evidence of any communication (whether oral, written, or in any other form) that occurs between a child or young person who is at an enforcement agency office and any person who is visiting that child or young person pursuant to section 229 (2) of this Act while that visit is taking place shall be admissible on behalf of the prosecution in any proceedings against that child or young person for any offence.

231Persons who may be nominated for the purposes of section 229 (1) (a)

(1)Subject to subsection (2) of this section, a child or young person may nominate one of the following persons for the purposes of section 229 (1) (a) of this Act:

(a)A parent or guardian of the child or young person:

(b)An adult member of the family, whanau, or family group of the child or young person:

(c)Any other adult selected by the child or young person:

(d)If the child or young person refuses or fails to nominate any person referred to in any of paragraphs (a) to (c) of this subsection, any adult (not being an enforcement officer) nominated for the purpose by an enforcement officer.

(2)Where an enforcement officer believes, on reasonable grounds, that any person nominated by a child or young person pursuant to subsection (1) (a) or (b) or (c) of this section, if permitted to visit the child or young person pursuant to section 229 (2) (a) of this Act, would attempt, or would be likely to attempt, to pervert the course of justice, that enforcement officer may refuse to allow that person to visit the child or young person.

(3)Where, pursuant to subsection (2) of this section, a person nominated by a child or young person pursuant to subsection (1) of this section is not permitted to visit that child or young person, any other person nominated by that child or young person pursuant to subsection (1) of this section shall, subject to subsection (2) of this section, be permitted to visit that child or young person pursuant to section 229 (2) (a) of this Act.

(4)It is the duty of any person nominated pursuant to subsection (1) of this section---

(a)To take reasonable steps to ensure that the child or young person understands the matters explained to the child or young person under section 221 (2) (a) of this Act; and

(b)To support the child or young person---

(i)Before and during any questioning; and

(ii)If the child or young person agrees to make or give any statement, during the making or giving of the statement."

(inserted by the Children, Young Persons, and Their Families Amendment Act 1994)

232Notice of offence with which child or young person charged to be given to parents or guardians or other persons having care of child or young person

(1)Where a child or young person who has been arrested is charged with the commission of an offence, an enforcement officer shall, as soon as practicable, give oral or written notice specifying the nature of the charge to---

(a)The child or young person; and

(b)A parent or guardian or other person having the care of the child or young person; and

(c)The person nominated by the child or young person pursuant to section 231 of this Act.

(2)Every such notice shall be given in language that can be understood by all the persons who are required, by subsection (1) of this section, to be given that notice.

Breath-alcohol and Blood-alcohol provisions of Transport Act 1962 not affected

233Breath-alcohol and blood-alcohol provisions of Transport Act 1962 not affected

Nothing in any of the provisions of sections 214 to 232 of this Act limits or affects the powers of a traffic officer or a constable under any of the provisions of sections 58A to 58E of the Transport Act 1962.

Custody of Child or Young Person Following Arrest or Pending Hearing

234Custody of child or young person following arrest

Subject to sections 235, 236, and 244 of this Act, where a child or young person is arrested with or without warrant, a member of the Police shall---

(a)Release the child or young person; or

(b)Where the child or young person may be released on bail pursuant to section 51 of the Summary Proceedings Act 1957, release the child or young person on bail; or

(c)Deliver the child or young person into the custody of---

(i)Any parent or guardian or other person having the care of the child or young person; or

(ii)With the agreement of the child or young person, any Iwi Social Service or Cultural Social Service; or
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

(iii)With the agreement of the child or young person, any other person or organisation approved by the Director-General or a member of the Police for the purpose.

Cf. 1974, No. 72, s. 43 (1); 1982, No. 135, s. 10; 1983, No. 129, s. 10 (1)

235Child or young person who is arrested may be placed in custody of Director-General

(1)Notwithstanding section 234 of this Act but subject to section 244 of this Act, where a member of the Police has reasonable grounds for believing, in relation to any child or young person who, has been arrested, that---

(a)The child or young person is not likely to appear before the Court; or

(b)The child or young person may commit further offences; or

(c)It is necessary to prevent---

(i)The loss or destruction of evidence relating to an offence committed by the child or young person or an offence that the member of the Police has reasonable cause to suspect the child or young person of having committed; or

(ii)Interference with any witness in respect of any such offence,---

the member of the Police shall, as soon as practicable and not later than 24 hours after the arrest, place the child or young person in the custody of the Director-General in accordance with subsection (2) of this section.

(2)A child or young person shall be placed in the custody of the Director-General pursuant to this section by---

(a)Delivering the child or young person to a Social Worker; and

(b)Presenting to the Social Worker, on the prescribed form, details relating to---

(i)The identity of the child or young person; and

(ii)The circumstances of the arrest of the child or young person; and

(iii)The date and time of the intended appearance of the child or young person before the Court having jurisdiction in the matter in relation to which the child or young person was arrested.

(3)Placement of a child or young person in the custody of the Director-General under subsection (1) of this section shall be sufficient authority for the detention of the child or young person by a Social Worker or in a residence under this Act, or under the care of any suitable person approved by a Social Worker.

(4)No member of the Police shall exercise the power conferred by subsection (1) of this section merely because the member of the Police believes that any child or young person is in need of care or protection (as defined in section 14 of this Act).

Cf. 1974, No. 72, s. 43 (2), (5); 1982, No. 135, s. 10; 1983, No. 129, s. 10 (2), (3)

236Young person who is arrested may be detained in Police custody

(1)Notwithstanding the provisions of sections 234 and 235 of this Act but subject to section 244 of this Act, where a senior Social Worker and a member of the Police, being a senior sergeant or a commissioned officer, are satisfied on reasonable grounds---

(a)That a young person who has been arrested is likely to abscond or be violent; and

(b)That suitable facilities for the detention in safe custody of that young person are not available to the Director-General,---

the young person may, on the joint certificate in the prescribed form of that senior Social Worker and that member of the Police, be detained in Police custody for a period exceeding 24 hours and until appearance before the Court.

(2)Where a senior Social Worker and a member of the Police issue a joint certificate under subsection (1) of this section, there shall, within 5 days after the day on which the certificate is issued, be furnished by the senior Social Worker to the Director-General and by the member of the Police to the Commissioner of Police---

(a)A copy of the certificate; and

(b)A written report stating---

(i)The circumstances in which the certificate came to be issued; and

(ii)The duration of the period for which the young person has been detained, or is likely to be detained, in Police custody.

Cf. 1974, No. 72, s. 43 (3), (4); 1982, No. 135, s. 10

237Child or young person who is arrested to be brought before Court as soon as possible

Subject to section 244 of this Act, a child or young person to whom section 235 or section 236 of this Act applies shall be brought before a Youth Court or, as the case requires, a Family Court, as soon as possible, to be dealt with according to law.

Cf. 1974, No. 72, s. 43 (5); 1982, No. 135, s. 10; 1983, No. 129, s. 10 (3)

238Custody of child or young person pending hearing

(1)Where a child or young person appears before a Youth Court, the Court shall---

(a)Release the child or young person; or

(b)Release the child or young person on bail; or

(c)Order that the child or young person be delivered into the custody of the parents or guardians or other persons having the care of the child or young person or any person approved by a Social Worker for the purpose; or

(d)Subject to section 239 (1) of this Act, order that the child or young person be detained in the custody of the Director-General, an Iwi Social Service, or a Cultural Social Service; or
(amended by the the Children, Young Persons, and Their Families Amendment Act 1994)

(e)Subject to section 239 (2) of this Act, order that the child or young person be detained in Police custody.

(2)The Court shall not refuse bail to a child or young person merely because the Court considers that the child or young person is in need of care or protection (as defined in section 14 of this Act).

Cf. 1974, No. 72. s. 43 (6); 1982, No. 135, s. 10

239Restrictions on power of Court to order child or young person to be detained in custody

(1)The Court shall not make an order under section 238 (1) (d) of this Act for the detention of a child or young person in the custody of the Director-General or an Iwi Social Service or a Cultural Social Service unless it appears to the Court that pending the determination of the charge---

(a)The child or young person is likely to abscond; or

(b)The child or young person may commit further offences; or

(c)It is necessary to prevent the loss or destruction of evidence relating to the offence with which the child or young person is charged or prevent interference with any witness in respect of any such offence.

(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

(2)The Court shall not make an order under section 238 (1) (e) of this Act for the detention of a child or young person in Police custody unless the Court is satisfied---

(a)That the child or young person is likely to abscond or be violent; and

(b)That suitable facilities for the detention in safe custody of that child or young person are not available to the Director-General.

Cf. 1974, No. 72, s. 43 (6); 1982, No. 135, s. 10

240Conditions of bail

(1)Where a child or young person is released on bail pursuant to section 238 (1) (b) of this Act, the Court may impose as a condition of that child's or young person's release that the child or young person shall not during a specified period be absent from home or engage in a particular activity without the consent of the parents or guardians or other persons having the care of the child or young person.

(2)The power conferred by subsection (1) of this section is in addition to the powers conferred on a Court by section 49 of the Summary Proceedings Act 1957.

241Review of orders made under section 238

A Youth Court or the High Court may, from time to time, review any order made under section 238 of this Act.

Cf. 1974, No. 72, s. 43 (7); 1982, No. 135, s. 10

242Order under section 238 sufficient authority for detention of child or young person

(1)The making of an order under section 238 (1) (d) of this Act for the detention of a child or young person in the custody of the Director-General shall be sufficient authority---

(a)For the detention of the child or young person in a residence under this Act; and

(b)For the detention of the child or young person in Police custody for a period of not more than 24 hours at any one time if a senior Social Worker and a member of the Police, being a senior sergeant or a commissioned officer, are satisfied on reasonable grounds---

(i)That the child or young person is likely to abscond or be violent; and

(ii)That suitable facilities for the detention in safe custody of that child or young person are not available to the Director-General.

(2)The making of an order under section 238 (1) (e) of this Act for the detention of a child or young person in Police custody shall be sufficient authority for the detention of the child or young person in Police custody.

Cf. 1974, No. 72, s. 43 (8); 1982, No. 135, s. 10

243Other powers to grant bail not affected

Nothing in section 238 of this Act limits the inherent jurisdiction of the High Court or the provisions of any Act under which a child or young person may be granted bail, except that any powers conferred by any such provisions on a District Court shall, where the person charged is a child or young person (other than one charged with murder or manslaughter), be exercised by a Youth Court.

Cf. 1974, No. 72, s. 43 (11); 1982, No. 135, s. 10

Powers Under Immigration Act 1987 Not Affected

244Immigration Act 1987 (other than sections 126 (4) and 142) not affected

Nothing in sections 214 to 243 of this Act limits or affects any provision of the Immigration Act 1987 other than sections 126 (4) and 142 of that Act.

Prosecution of Children and Young Persons

245Proceedings not to be instituted against young person unless Youth Justice Co-ordinator consulted and family group conference held

(1)Where a young person is alleged to have committed an offence, and the offence is such that if the young person is charged he or she will be required pursuant to section 272 of this Act to be brought before a Youth Court then, unless the young person has been arrested, no information in respect of that offence shall be laid unless---

(a)The informant believes that the institution of criminal proceedings against the young person for that offence is required in the public interest; and

(b)Consultation in relation to the matter has taken place between---

(i)The informant, or a person acting on the informant's behalf; and

(ii)A Youth Justice Co-ordinator; and

(c)The matter has been considered by a family group conference convened under this Part of this Act.

(2)Notwithstanding anything in subparagraph (i) of paragraph (b) of subsection (1) of this section, where the informant is not an enforcement officer, the consultation required by that paragraph shall be consultation between a Youth Justice Co-ordinator and an enforcement officer authorised in that behalf by the informant.

Cf. 1974, No. 72, s. 26; 1977, No. 126, s. 6 (1)

246Procedure where young person arrested and brought before Court

Where a young person is arrested for an offence (other than murder or manslaughter or a traffic offence not punishable by imprisonment) and is brought before a Youth Court to answer the charge, the following provisions shall apply:

(a)If, after consulting with the barrister or solicitor representing the young person or with a Youth Advocate, the young person denies the charge, then the charge shall be dealt with in accordance with sections 273 to 276 of this Act:

(b)In any other case the Court shall not enter a plea to the charge but shall---

(i)Direct a Youth Justice Co-ordinator to convene a family group conference in relation to the matter; and

(ii)Adjourn the proceedings until that family group conference had been held.

247Youth Justice Co-ordinator to convene family group conference

Where---

(a)Pursuant to section 18 (3) of this Act, a Youth Justice Co-ordinator is required to convene a family group conference; or

(b)After any consultations under section 245 (1) (b) of this Act in relation to any offence alleged to have been committed by a young person, a Youth Justice Co-ordinator is notified by an enforcement officer that the intended informant desires that the young person be charged with that offence; or

(c)Pursuant to section 246 (a) of this Act, a young person denies a charge and the Court makes an order under section 238 (1) (d) or (e) of this Act for the detention of the young person pending the determination of the charge; or

(d)Pursuant to section 246 (b) (i) of this Act, a Youth Justice Co-ordinator is directed by a Court to convene a family group conference; or

(e)A charge against a young person is proved before a Youth Court, and a family group conference has not had an opportunity to consider ways in which the Court might deal with the young person for the offence that forms the basis of that charge,---

a Youth Justice Co-ordinator shall, subject to sections 248 to 250 of this Act, fix the date on which and the time and place at which a family group conference is to be held.

248Family group conference not required in certain cases

(1)Nothing in section 245 (1) (c) or section 246 (b) or section 247 (b) or (d) or (e) or section 281 of this Act requires a family group conference to be held in respect of any offence alleged or proved to have been committed by a young person if---

(a)The offence is alleged or proved to have been committed on a date that is earlier than the date on which---

(i)The young person was convicted and sentenced in the High Court or a District Court; or

(ii)A Youth Court made an order under section 283 lf this Act in respect of that young person---

for any other offence (not being an offence the maximum penalty for which is less than the maximum penalty that may be imposed in respect of the first-mentioned offence); or

(b)The young person is subject to a full-time custodial sentence or a community-based sentence (as those terms are defined in section 2 (1) of the Criminal Justice Act 1985), or to any order made under any of paragraphs (k) to (o) of section 283 of this Act,---

and, subject to subsection (5) of this section, in either case, a Youth Justice Co-ordinator is of the view that the holding of a family group conference would serve no useful purpose, and the family or whanau or family group of the young person agree with that view.

(2)Where---

(a)A family group conference has been convened pursuant to section 247 of this Act in relation to any offence alleged or proved to have been committed by a child or young person; and

(b)Before the family group conference has made any decision, recommendation, or plan pursuant to section 260 of this Act in relation to that offence, that child or young person is alleged or proven to have committed any other offence (being an offence in respect of which a family group conference would be required to be held pursuant to section 247 of this Act),---

the family group conference may make in respect of the latter offence any decision, recommendation, or plan that it is empowered to make under any decision, recommendation, or plan that it is empowered to make under section 260 of this Act, and it shall not be necessary to convene a separate family group conference in relation to that latter offence.

(3)Nothing in section 245 (1) (c) or section 246 (b) or section 247 (b) or (d) or (e) or section 281 of this Act requires a family group conference to be held in respect of any offence alleged or proved to have been committed by a young person if---

(a)The requirement to convene a conference under any of those sections arose within 6 weeks of the completion of a previous family group conference---

(i)That was convened under this Part of this Act in respect of any other offence; and

(ii)That had the opportunity to consider how that offence should be dealt with; and

(b)Subject to subsections (4) and (5) of this section, a Youth Justice Co-ordinator---

(i)Is of the view that the holding of a family group conference would serve no useful purpose; and

(ii)Is satisfied that---

(A)The family, whanau, or family group of the young person; and

(B)Each of the persons who would be entitled to attend a family group conference under any of paragraph (d) to (n) of section 251 of this Act---

agree with that view.

(4)Before forming a view as to whether or not a family group conference would serve a useful purpose under subsection (3) of this section, the Youth Justice Co-ordinator shall---

(a)Consult with---

(i)The family, whanau, or family group of the young person concerned; and

(ii)The persons who would be entitled to attend the family group conference pursuant to any of paragraphs (d) to (n) of section 251 of this Act; and

(b)Have regard to---

(i)The response of the young person to any decisions, recommendations, or plans made or formulated by the previous family group conference; and

(ii)The seriousness and extent of the offending alleged or proved to have been committed by the young person and that gives rise to the requirement to hold a family group conference.

(5)Before forming a view as to whether or not a family group conference would serve a useful purpose under subsection (1) or subsection (3) of this section, the Youth Justice Co-ordinator shall consider whether a family group conference is necessary for the purpose of considering whether the young person should be required to make reparation for any offence."

(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

249Time limits for convening of family group conferences

(1)Every family group conference to which section 247 (a) of this Act applies shall be convened not later than 21 days after the date on which the Youth Justice Co-ordinator received the report in relation to which the family group conference is required to be held.

(2)Every family group conference to which paragraph (b) of section 247 of this Act applies shall be convened not later than 21 days after the date on which the notification referred to in that paragraph is received by the Youth Justice Co-ordinator.

(3)Every family group conference to which section 247 (c) of this Act applies shall be convened not later than 7 days after the date on which the Court made the order under section 238 (1) (d) or (e) of this Act for the detention of the young person pending the determination of the charge.

(4)Every family group conference to which section 247 (d) of this Act applies shall be convened,---

(a)Where the young person in respect of whom that conference is to be held is detained in custody pursuant to an order under section 238 (1) (d) or (e) of this Act, not later than 7 days after the date of the making of that order; or

(b)In any other case, not later than 14 days after the date on which the direction requiring that conference to be held was given.

(5)Every family group conference to which section 247 (e) of this Act applies shall be convened not later than 14 days after the date on which the Court finds that the charge against the young person is proved.

(6)Unless there are special reasons why a longer period is required,---

(a)Every family group conference to which subsection (3) or subsection (4) of this section applies shall be completed within 7 days after it is convened:

(b)Every other family group conference shall be completed within one month after it is convened."

(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

250Youth Justice Co-ordinator to consult family, whanau, or family group on convening of family group conference

(1)Every Youth Justice Co-ordinator shall, before convening a family group conference pursuant to this Part of this Act in respect of a child or young person, make all reasonable endeavours to consult with the child's young person's family, whanau, or family group in relation to---

(a)The date on which, and the time and place at which, the conference is to be held; and

(b)The persons who should attend the conference; and

(c)The procedure to be adopted at the conference,---

and, subject to subsection (2) of this section and to sections 249 and 251 of this Act, shall, so far as it is practicable and consistent with the principles of this Act, give effect to the wishes of the child's or young person's family, whanau, or family group in relation to those matters.

(2)The Youth Justice Co-ordinator shall also make all reasonable endeavours to consult with---

(a)Any victim of the offence or alleged offence to which the conference relates; and

(b)Either,---

(i)In the case of a conference required to be convened under section 18 (3) of this Act, the applicant or intended applicant for a declaration under section 67 of this Act in relation to the child to whom the conference relates; or

(ii)In the case of any other proceedings or proposed proceedings for the offence or alleged offence to which the conference relates, the informant or intended informant in those proceedings---

in relation to the date on which, and the time and place at which, the conference is to be held, and, in convening the conference, shall take into account, in relation to those matters, the views of the person or persons consulted.

(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

251Persons entitled to attend family group conference

(1)Subject to subsection (2) of this section, the following persons are entitled to attend a family group conference convened under this Part of this Act:

(a)The child or young person in respect of whom the conference is held:

(b)Every person who is---

(i)A parent or guardian of, or a person having the care of, that child or young person; or

(ii)A member of the family, whanau, or family group of that child or young person:

(c)The Youth Justice Co-ordinator who is convening the conference, or any Youth Justice Co-ordinator who is acting for that person:

(d)The informant or intended informant in the proceedings for the offence or alleged offence to which the conference relates, or a representative of that person:

(e)If the informant or intended informant in those proceedings is not an enforcement officer acting in that capacity, a representative of the appropriate enforcement agency:

(f)Any victim of the offence or alleged offence to which the conference relates, or a representative of that victim:

(g)Any barrister or solicitor or Youth Advocate or lay advocate representing the child or young person:

(h)A Social Worker, in any case where---

(i)The Director-General is a guardian of the child or young person; or

(ii)The Director-General is entitled to custody of the child or young person pursuant to the Guardianship Act 1968 or under any order or agreement made under Part II of this Act; or

(iii)The Director-General is required, pursuant to an order made under section 91 of this Act, to provide support to the child or young person; or

(iv)The young person is under the supervision of the Director-General pursuant to an order made under section 283 (k) or section 307 or section 311 of this Act:

(i)Where an Iwi Social Service or a Cultural Social Service or the Director of a Child and Family Support Service---

(i)Is a guardian of the child or young person; or

(ii)Is entitled to custody of the child or young person pursuant to the Guardianship Act 1968 or under any order or agreement made under Part II of this Act,---

a representative of that Social Service or of the Director:
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

(j)Where the young person is subject to a community-based sentence (as that term is defined in section 2 (1) of the Criminal Justice Act 1985),---

(i)A probation officer:

(ii)In the case of a young person who is subject to a sentence of community service (within the meaning of that Act), a representative of the employing authority on whose behalf the young person is required to perform any service for the purposes of the sentence:

(iii)In the case of a young person who is subject to a sentence of supervision (within the meaning of that Act), any person or agency, or a representative of any person or agency, providing any course that the young person is required to undertake as a condition of the sentence:

(iv)In the case of a young person who is subject to a sentence of community care (within the meaning of that Act), any person or agency, or a representative of any person or agency, conducting the programme that the young person is required to undergo pursuant to the sentence:

(k)Where the child or young person is under the guardianship of the High Court pursuant to section 9 of the Guardianship Act 1968, any person appointed as agent for the Court pursuant to that section, or a representative of that person:

(l)Where the child or young person is subject to an order made under section 91 of this Act, a representative of the person or organisation required, pursuant to that order to provide support to that child or young person:

(m)Where the young person is under the supervision of any person (not being the Director-General), or any organisation, pursuant to an order made under section 283 (k) or section 307 of this Act, that person or a representative of that organisation:

(n)Where a community work order made under section 283 (1) of this Act is in force with respect to the young person, the Social Worker or person or a representative of the organisation supervising the order:

(o)Any other person whose attendance at that conference is in accordance with the wishes of the family, whanau, or family group of the child or young person as expressed under section 250 of this Act.

(2)Where, pursuant to subsection (1) (f) of this section, any victim of an offence or alleged offence attends a family group conference in person and not by a representative, that person may be accompanied by any reasonable number of persons (being members of his or her family, whanau, or family group or any other persons) who attend the conference for the purpose of providing support to that victim.
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

(3)A person who attends a family group conference pursuant to subsection (2) of this section shall not be a member of the conference.
(inserted by the Children, Young Persons, and Their Families Amendment Act 1994)

(4)No person who attends a family group conference pursuant to any of paragraphs (c) to (n) (other than paragraph (k)) of subsection (1) of this section or pursuant to subsection (2) of this section is entitled to be present during any discussions or deliberations held among the members of the family, whanau, or family group of the child or young person in respect of whom the conference is held, unless those members request that person to attend.
(inserted by the Children, Young Persons, and Their Families Amendment Act 1994)

252Child or young person in custody to be permitted to attend family group conference

(1)Any child or young person who is entitled to attend a family group conference pursuant to section 251 (1) (a) of this Act and who is detained in the custody of the Director-General or the Police or in any penal institution shall be permitted to attend that conference, unless it is impracticable for the child or young person so to attend.

(2)Nothing in subsection (1) of this section entitles any child or young person to whom this section applies to attend a family group conference otherwise than subject to such reasonable conditions as may be necessary to prevent the child or young person from absconding while the child or young person is attending that conference.

(3)Where a child or young person to whom this section applies is entitled to attend a family group conference and wishes to do so, the person having the custody of the child or young person shall, without further authority than this section, cause that child or young person to be taken to the place where that conference is to be held for the purpose of attending the conference.

253Notification of convening of family group conference

(1)Subject to subsection (2) of this section, every Youth Justice Co-ordinator who convenes a family group conference shall take all reasonable steps to ensure that notice of the date on which, and the time and place at which, the conference is to be held is given to every person who is entitled to attend that conference.

(2)No notice is required to be given pursuant to subsection (1) of this section to any person whose whereabouts cannot, after reasonable enquiries, be ascertained.

(3)Every notice required by subsection (1) of this section shall be given a reasonable time before the conference is to be held.

(4)Failure to notify any person in accordance with this section shall not affect the validity of the proceedings of a family group conference unless it is shown that the failure is likely to have materially affected the outcome of that conference.

254Youth Justice Co-ordinator to ascertain views of persons unable to attend family group conference

(1)Every Youth Justice Co-ordinator who convenes a family group conference shall take all reasonable steps to ascertain the views of any person who is entitled to attend the conference but who has notified the Youth Justice Co-ordinator that he or she or it is unable, for any reason, to do so.

(2)Where, in respect of any family group conference, a Youth Justice Co-ordinator ascertains the views of any person pursuant to subsection (1) of this section, that Co-ordinator shall ensure that those views are made known at that conference.

255Youth Justice Co-ordinator to ensure that relevant information and advice made available to family group conference

(1)Every Youth Justice Co-ordinator who convenes a family group conference shall take all reasonable steps to ensure that all information and advice required by the conference to carry out its functions are made available to the conference.

(2)Subject to section 251 of this Act, where it is appropriate for any person to attend a family group conference for the purpose of conveying to that conference any information or advice required by that conference to carry out its functions, that person may attend that conference for that purpose, but may otherwise attend the conference only with the agreement of the conference.

256Procedure at family group conference

(1)Subject to this Part of this Act, a family group conference may regulate its procedure in such manner as it thinks fit.

(2)Subject to sections 5 (f) and 249 (6) of this Act, a family group conference may from time to time be adjourned to a time and place determined by the conference.

257Department to provide administrative services to family group conferences

The Department shall provide such administrative services as may be necessary to enable a family group conference to discharge its functions.

258Functions of family group conference

A family group conference convened under section 247 of this Act shall have such of the following functions as are appropriate in the circumstances of the particular case:

(a)Where the conference is convened under paragraph (a) of that section,---

(i)To consider, in relation to the child in respect of whom the conference was convened, such matters relating to the care or protection of that child as the conference thinks fit; and

(ii)Where the conference considers that the child is in need of care or protection, to make such decisions or recommendations, and to formulate such plans, in relation to that child as the conference considers necessary or desirable, having regard to the principles set out in sections 5, 6, and 13 of this Act:

(b)Where the conference is convened in relation to an alleged offence in respect of which proceedings have not been commenced under this Part of this Act, to consider whether the young person should be prosecuted for that offence or whether the matter can be dealt with in some other way, and to recommend to the relevant enforcement agency accordingly:

(c)Where the young person in respect of whom the conference is convened is detained in the custody of the Director-General or the Police pending the determination of a charge, to make a recommendation to the Court in relation to the custody of the young person pending that determination:

(d)Where the conference is convened in relation to an offence in respect of which proceedings have been commenced under this Part of this Act, to consider whether the offence alleged to have been committed by that young person should be dealt with by the Court or whether the matter can be dealt with in some other way, and to recommend to the Court accordingly:

(e)Where the charge against the young person is admitted or proved, to consider how the young person should be dealt with for that offence, and to recommend to the Court accordingly.

259Family group conference to ascertain whether child or young person admits offence

(1)Every family group conference convened under this Part of this Act (other than a family group conference convened under paragraph (c) or paragraph (e) of section 247 of this Act) shall seek to ascertain whether the child or young person in respect of whom the conference is held admits any offence alleged to have been committed by that child or young person.

(2)Where the child or young person does not admit the offence, or the family group conference is unable to ascertain whether the child or young person admits the offence, the conference shall not make or formulate any decision, recommendation, or plan if that decision, recommendation, or plan cannot be made or formulated without assuming that the child or young person committed the offence.

260Family group conference may make decisions and recommendations and formulate plans

(1)Subject to section 259 (2) of this Act, a family group conference convened under this Part of this Act may make such decisions and recommendations and formulate such plans as it considers necessary or desirable in relation to the child or young person in respect of whom the conference was convened.

(2)Except as provided in section 258 (a) (ii) of this Act, in making such decisions and recommendations and formulating such plans, the conference shall have regard to the principles set out in section 208 of this Act.

(3)Without limiting the generality of subsection (1) of this section, a family group conference may---

(a)Recommend that any proceedings commenced against the child or young person for any offence should proceed or be discontinued:

(b)Recommend that a formal Police caution should be given to the child or young person:

(c)Recommend that an application for a declaration under section 67 of this Act should be made in respect of the child:

(d)Recommend appropriate penalties that might be imposed on the young person:

(e)Recommend that the child or young person make reparation to any victim of the offence.

261Family group conference may make decisions, recommendations, and plans relating to care or protection of child or young person

(1)Where any family group conference convened under this Part of this Act considers that the child or young person in respect of whom that conference is held is in need of care or protection (within the meaning of section 14 of this Act), that conference may, with the prior agreement of a Care and Protection Co-ordinator, make or formulate such decisions, recommendations, and plans as it considers necessary or desirable in relation to the care or protection of the child or young person.

(2)Every such decision, recommendation, or plan shall be deemed to have been made or formulated pursuant to section 29 of this Act, and the provisions of sections 30 to 38 of this Act shall apply, so far as applicable and with all necessary modifications, with respect to the decision, recommendation, or plan.

(3)Every family group conference to which this section applies shall be deemed, for the purposes of Parts II and III of this Act, to be a family group conference convened pursuant to Part II of this Act.

262Youth Justice Co-ordinator to make record of decisions, recommendations, and plans of family group conference

Every Youth Justice Co-ordinator who convenes a family group conference shall cause to be made a written record of the details of the decisions and recommendations made, and the plans formulated, by that conference pursuant to section 260 or section 261 of this Act.

263Youth Justice Co-ordinator to seek agreement to decisions, recommendations, and plans of family group conference

(1)Where a family group conference makes any decision or recommendation, or formulates any plan, pursuant to section 260 of this Act or subsection (4) of this section, the Youth Justice Co-ordinator who convened that conference shall---

(a)Where the conference was convened under section 247 (a) of this Act on the basis of a report from an enforcement officer,---

(i)Communicate that decision, recommendation, or plan to that enforcement officer (or any person acting for that enforcement officer), and to every person who will be directly involved in the implementation of the decision, recommendation, or plan; and

(ii)Seek the agreement of that enforcement officer (or any person acting for that enforcement officer), and of every other person to whom that decision, recommendation, or plan is communicated pursuant to subparagraph (i) of this paragraph, to that decision, recommendation, or plan:

(b)Where the conference was convened under section 247 (b) or (d) or (e) of this Act,---

(i)Communicate that decision, recommendation, or plan to the informant or intended informant in the proceedings for the offence or alleged offence to which the conference relates (or to any person acting for that informant or intended informant), and to every person who will be directly involved in the implementation of the decision, recommendation, or plan; and

(ii)Seek the agreement of that person, and of every other person to whom that decision, recommendation, or plan is communicated pursuant to subparagraph (i) of this paragraph, to that decision, recommendation, or plan:

(c)Where the conference was convened under section 247 (c) of this Act, communicate that decision, recommendation, or plan to the Court.

(2)Where, pursuant to paragraph (a) (i) or paragraph (b) (i) of subsection (1) of this section, a Youth Justice Co-ordinator meets with any person for the purpose of communicating to that person any decision, recommendation, or plan made or formulated by a family group conference, the Youth Justice Co-ordinator may be accompanied by a person nominated by that family group conference.

(3)Where a Youth Justice Co-ordinator is unable to secure agreement, under subsection (1) of this section, to a decision, recommendation, or plan made or formulated by a family group conference, the Youth Justice Co-ordinator may reconvene that conference for the purpose of enabling that conference to reconsider that decision, recommendation, or plan.

(4)Any family group conference reconvened under subsection (3) of this section may confirm, rescind, or modify its previous decision, recommendation, or plan, or rescind its previous decision, recommendation, or plan and make or formulate a new decision, recommendation, or plan.

(5)Any decision, recommendation, or plan confirmed or modified under subsection (4) of this section, and any new decision, recommendation, or plan made or formulated under that subsection, shall be deemed to have been made or formulated pursuant to section 260 of this Act.

264Procedure where no agreement possible

(1)Where---

(a)The members of a family group conference are unable to agree on what decisions, recommendations, or plans should be made in relation to the child or young person in respect of whom the conference was convened; or

(b)A Youth Justice Co-ordinator is unable to secure agreement under section 263 of this Act to the decisions, recommendations, and plans made or formulated by a family group conference,---

the Youth Justice Co-ordinator who convened the conference shall---

(c)Adjourn the proceedings of the family group conference; and

(d)Where the conference was convened under section 247 (a) or (b) of this Act, report the matter to the appropriate enforcement agency; and

(e)Where the conference was convened under section 247 (d) or (e) of this Act, report the matter to the Court.

(2)Where a Youth Justice Co-ordinator makes a report under subsection (1) (d) of this section to an enforcement agency, any enforcement officer may take such action under this Act as that officer considers appropriate.

265Records of decisions, recommendations, and plans of family group conference to be made available to interested persons

(1)Every Youth Justice Co-ordinator who convenes a family group conference shall ensure that a copy of every record made pursuant to section 262 of this Act in relation to that conference is given or sent to---

(a)The child or young person in respect of whom the conference was convened; and

(b)Every person who is a parent or guardian of that child or young person or has the care of that child or young person; and

(c)Any barrister or solicitor, Youth Advocate, or lay advocate representing the child or young person; and

(d)The informant or intended informant in the proceedings for the offence or alleged offence in respect of which the conference was held; and

(e)If the informant or intended informant in those proceedings is not an enforcement officer acting in that capacity, the appropriate enforcement agency; and

(f)Any victim of the offence or alleged offence in respect of which the conference was held; and

(g)Any other person who is or will be directly affected by any decision, recommendation, or plan detailed in that record; and

(h)Where there is an appropriate Iwi Social Service or Cultural Social Service with respect to the child or young person, that Social Service.
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

(2)Where the child or young person is the subject of proceedings under this Part or Part II of this Act. a copy of the record made pursuant to section 262 of this Act shall be made available to the Court that is hearing those proceedings.

266Department to maintain records of proceedings of family group conferences

(1)Every written record made pursuant to section 262 of this Act in relation to a family group conference shall be kept at the District Office of the Department that is nearest to where the conference is held.

(2)The following persons shall have access to any such record:

(a)Any person who is required, by section 265 of this Act, to be sent a copy of that record:

(b)Any Youth Justice Co-ordinator:

(c)Any Social Worker:

(d)Any other person who, in the opinion of a Youth Justice Co-ordinator, has a genuine and proper interest in the matter.

(3)Nothing in this section limits or affects the Official Information Act 1982.

267Enforcement agencies to comply with decisions, recommendations, and plans of family group conference

Where---

(a)Any decision, recommendation, or plan is made or formulated by a family group conference under section 260 of this Act; and

(b)Agreement to that decision, recommendation, or plan has been secured under section 263 of this Act; and

(c)That decision, recommendation, or plan relates to any offence alleged or proved to have been committed by the young person in respect of whom that conference was held; and

(d)The implementation of that decision, recommendation, or plan involves any action on the part of any enforcement agency,---

unless it is clearly impracticable or clearly inconsistent with the principles set out in sections 5 and 208 of this Act, it is the duty of that agency to give effect to that decision, recommendation, or plan by the taking of such action and steps as are necessary and appropriate in the circumstances of the particular case.

268Director-General to give effect to decisions, recommendations, and plans of family group conference

(1)Where---

(a)Any decision, recommendation, or plan is made or formulated by a family group conference under section 260 of this Act; and

(b)The implementation of that decision, recommendation, or plan involves any action on the part of the Director-General,---

the Director-General shall consider that decision, recommendation, or plan, and, unless it is clearly impracticable or clearly inconsistent with the principles set out in sections 5 and 208 of this Act, shall give effect to that decision, recommendation, or plan by the provision of such services and resources, and the taking of such action and steps, as are necessary and appropriate in the circumstances of the particular case.

(2)Where the Director-General considers that it is clearly impracticable or clearly inconsistent with the principles set out in sections 5 and 208 of this Act to give effect to any decision, recommendation, or plan made or formulated by a family group conference, the Director-General shall notify that fact to a Youth Justice Co-ordinator, who may reconvene the family group conference for the purpose of considering whether to make or formulate any other decision, recommendation, or plan.

(3)Sections 250 to 269 of this Act shall apply, with all necessary modifications, with respect to every family group conference reconvened under subsection (2) of this section.

269Director-General may provide financial assistance to enable decisions, etc., of family group conference to be carried out

Director-General may, from time to time, make such grants or provide such financial assistance as may be necessary to give effect to any decision, recommendation, or plan made or formulated by a family group conference pursuant to section 260 of this Act.

270.Family group conference may reconvene to review its decisions, recommendations, and plans

(1)Where any decision, recommendation, or plan is made or formulated by a family group conference pursuant to this Part of this Act, a Youth Justice Co-ordinator may from time to time, at that Co-ordinator's own motion or at the request of at least 2 members of that conference, reconvene that conference for the purpose of reviewing that decision, recommendation, or plan.

(2)Sections 250 to 269 of this Act shall apply, with all necessary modifications, with respect to every family group conference reconvened under this section.

271Proceedings of family group conference privileged and not to be published

Sections 37 and 38 of this Act (which relate to privilege and the publication of the proceedings of a family group conference) shall apply, with all necessary modifications, with respect to every family group conference convened or reconvened under this Part of this Act.

Jurisdiction of Youth Courts

272Jurisdiction of Youth Court

(1)Where any child who is of or over the age of 10 years is alleged to have committed an offence (other than murder or manslaughter) proceedings shall not be commenced against the child under the Summary Proceedings Act 1957.

(2)Where any child who is of or over the age of 10 years is charged with murder or manslaughter the preliminary hearing of the charge shall, subject to section 274 of this Act, take place before a Youth Court and the provisions of this Act (other than sections 275 and 276 of this Act) shall apply accordingly as if that child were a young person.

(3)Any young person charged with an offence other than---

(a)Murder; or

(b)Manslaughter; or

(c)A traffic offence not punishable by imprisonment---

shall be brought before a Youth Court to be dealt with in accordance with the provisions of this Act irrespective of whether the offence is punishable on summary conviction or on indictment.

(4)Where a young person is charged with murder or manslaughter the preliminary hearing of the charge shall, subject to section 274 of this Act, take place before a Youth Court.

(5)Notwithstanding subsection (3) (c) of this section, where a young person is charged with a traffic offence not punishable by imprisonment, a Youth Court shall hear and determine the information for that offence if---

(a)The young person is charged with any other offence, being an offence in respect of which the young person is required to be brought before a Youth Court to be dealt with; and

(b)Both offences arise out of the same event or series of events; and

(c)The Court considers---

(i)That it is desirable that the charges be heard together; or

(ii)That the charges can be conveniently heard together.

Cf. 1974, No. 72, s. 25 (2)-(4); 1977, No. 126, s. 5

273Manner of dealing with summary offences and indictable offences (other than purely indictable offences)

Where a young person is charged with a summary offence or an indictable offence (other than a purely indictable offence), a Youth Court shall, subject-to section 272 of this Act, hear and determine the information unless---

(a)The offence is punishable by imprisonment for a term exceeding 3 months and the young person elects trial by jury under section 66 of the Summary Proceedings Act 1957; or

(b)The Court discharges the information under section 282 of this Act.

Cf. 1974, No. 72, s. 34 (1)

274Manner of dealing with purely indictable offences or where person elects jury trial

(1)This section applies where---

(a)A young person is charged with a purely indictable offence; or

(b)A young person elects trial by jury under section 66 of the Summary Proceedings Act 1957.

(2)Subject to sections 275 and 276 of this Act, where this section applies,---

(a)The preliminary hearing shall take place in accordance with Part V of the Summary Proceedings Act 1957, except that the hearing shall take place in a Youth Court which for that purpose shall have all the powers of a District Court and which shall be presided over by a Youth Court Judge or, in the absence of a Youth Court Judge, by a District Court Judge or by 2 or more Justices; and

(b)Sections 329 and 438 of this Act, and not section 138 of the Criminal Justice Act 1985, shall apply in respect of the proceedings.

Cf. 1974, No. 72, s. 34 (2) (a), (b)

275Young person may forego right to jury trial and elect to have proceedings determined by Youth Court

(1)Where section 274 of this Act applies and the offence is not murder or manslaughter, if, when all the evidence has been given, the Youth Court is of the opinion that the evidence adduced by the informant is sufficient to put the young person on trial for the offence, the Youth Court may give the young person an opportunity of foregoing the right to trial by jury and of electing to have the information heard and determined in a Youth Court by a Youth Court Judge.

(2)If the young person accepts the opportunity given under subsection (1) of this section and elects to have the information so heard and determined, the Youth Court shall have jurisdiction to hear and determine the information and otherwise deal with the young person in accordance with this Act.

Cf. 1974, No. 72, s. 34 (2) (c), (d); 1982, No. 135, s. 8

276Young person may plead guilty and elect to be dealt with by Youth Court

(1)Where section 274 of this Act applies and the offence is not murder or manslaughter, if, before the evidence has been given or while the evidence is being given or after all the evidence has been given, the young person indicates to the Court that the young person desires to plead guilty to the offence, the Court may give the young person an opportunity of foregoing the right to trial by jury and of electing to be dealt with in a Youth Court by a Youth Court Judge.

(2)If the young person accepts the opportunity given under subsection (1) of this section and elects to be so dealt with, the Youth Court shall have jurisdiction to deal with the young person in accordance with this Act.

Cf. 1974, No. 72, s. 34 (2) (c), (d); 1982, No. 135, s. 8

277Provisions applicable where young person charged jointly with person who is not a young person

(1)In any case where an information is laid charging a young person with any offence jointly with any other person or persons, the provisions of subsections (2) to (5) of this section shall apply if one or more of the persons jointly charged is not a young person within the meaning of this Act.

(2)In any case to which subsection (1) of this section applies, the information shall be submitted for the consideration of a Youth Court Judge, and the Youth Court Judge shall direct that the proceedings be heard in the Youth Court or elsewhere as the Youth Court Judge thinks fit.

(3)Where any such proceedings are directed to be heard in a Youth Court, the Youth Court Judge exercising jurisdiction in a Youth Court may, at any stage of the proceedings, make an order for their removal out of the Youth Court, and on the making of such an order the proceedings shall be held as if a Youth Court had not been established.

(4)In any proceedings to which this section applies, the powers of any Youth Court Judge in respect of any accused person who is not a young person shall be limited to such powers as are exercisable by the Youth Court Judge as a District Court Judge elsewhere than in a Youth Court.

(5)Where any accused person, not being a young person, is convicted in a Youth Court,---

(a)Any sentence imposed or order made shall be one that could have been imposed or made if that accused person had been convicted following a summary hearing in a District Court; and

(b)That accused person shall for all purposes, including section 71 (2) of the Summary Proceedings Act 1957, be deemed to have been convicted in a District Court.

Cf. 1974, No. 72, s. 34 (3)-(7)

278Parent or guardian may be summoned to appear when young person charged with offence

(1)Any Youth Court Judge or District Court Judge or Justice or Registrar (not being a member of the Police) may, where an information is laid against a young person in respect of any offence, issue a summons to any parent, guardian, or person for the time being having the care of the young person, requiring that parent or guardian or person to appear before a Youth Court at a time to be named in the summons.

(2)At the hearing of the proceedings in respect of the offence any such parent or guardian or other person may be examined in respect of any matter relating to the proceedings.

(3)Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who, being required to appear before a Youth Court under this section, refuses or fails, without reasonable excuse, so to appear.

(4)In any case where a person does not appear in answer to a summons that has been served under this section, a Youth Court Judge or District Court Judge may direct the issue of a warrant to arrest that person and bring that person before the Court.

Cf. 1974, No. 72, s. 39

279Court to consider recommendations of family group conference

Where, in any proceedings under this Part of this Act in respect of any information laid against a young person for an offence, a family group conference has been held under section 247 (b) or (d) of this Act in respect of that offence, the Court shall, before hearing that information, consider any decision, recommendation, or plan made or formulated by the family group conference in relation to that offence.

280Court may refer case to Care and Protection Co-ordinator to determine whether matter should be dealt with under Part II

(1)If, at any stage of the hearing of any proceedings under this Part of this Act in respect of a young person, it appears to the Court that the young person may be in need of care or protection (as defined in section 14 of this Act), the Court may---

(a)Refer the matter to a Care and Protection Co-ordinator under section 19 (1) (b) of this Act; and

(b)Adjourn the proceedings pending the outcome of that reference, and if an application for a declaration under section 67 of this Act is made in respect of the young person, may adjourn the proceedings until that application is determined.

(2)Where any proceedings in respect of any information laid against a young person for an offence are adjourned pursuant to subsection (1) of this section, the Court may, at any time, discharge the information under section 282 of this Act.

Disposal of Proceedings in Youth Court

281Court not to make orders unless family group conference held

(1)Subject to section 248 of this Act, where a charge against a young person is proved before a Youth Court, the Court shall not make any order under section 282 or section 283 of this Act unless a family group conference has had an opportunity to consider ways in which the Court might deal with the young person in relation to the charge.

(2)A Youth Court shall not---

(a)Where a young person appears before the Court on a summons issued under section 295 of this Act, exercise any of the powers conferred on it by subsection (2) of that section; or

(b)Where the Court cancels a community work order pursuant to section 299 or section 300 of this Act, substitute any other order in place of that community work order; or

(c)Where the Court cancels a supervision order or a supervision with activity order pursuant to section 309 of this Act, substitute any other order in place of that order; or

(d)Where the Court cancels a supervision with residence order pursuant to section 316 of this Act, substitute any other order in place of that order,---

unless a family group conference has first been convened to consider the matter, and for that purpose the Court shall direct a Youth Justice Co-ordinator to convene a family group conference in relation to the matter not later than 14 days after the date on which that direction is given.

(3)The provisions of sections 250 to 269 (other than section 259) of this Act shall apply, so far as applicable and with all necessary modifications, to every family group conference directed to be convened pursuant to subsection (2) of this section.

281A.Court to consider whether family group conference should be held

Where, in respect of any offence, the holding of a family group conference has been waived pursuant to section 248 of this Act, the Court shall,---

(a)Before hearing the information for that offence; or

(b)Before making any order or exercising any power in any proceedings relating to or arising out of that offence, in any case where subsection (1) or subsection (2) of section 281 of this Act would otherwise require a family group conference to have been held in relation to the matter,---

as the case may be, consider whether or not a family group conference should nevertheless be held in relation to the matter.
(inserted by the Children, Young Persons, and Their Families Amendment Act 1994)

281B.Court may direct holding of family group conference at any time

(1)If, at any stage of the hearing of any proceedings under this Part of this Act, it appears to the Court that it is necessary or desirable for a family group conference to be held in relation to any matter relating to the young person to whom the proceedings relate, the Court may direct a Youth Justice Co-ordinator to convene a family group conference for the purpose of considering such matters relating to the young person as the Court directs, and may adjourn the proceedings until the conference has been held.

(2)The provisions of section 250 to 269 of this Act shall apply with all necessary modifications with respect to the convening of a family group conference for the purposes of this section.

(inserted by the Children, Young Persons, and Their Families Amendment Act 1994)

282Power of Court to discharge information

(1)Where an information is laid charging a young person with a summary offence or with an indictable offence (other than a purely indictable offence), a Youth Court, after inquiry into the circumstances of the case, may discharge the information.

(2)An information discharged under subsection (1) of this section shall be deemed never to have been laid.

(3)The Court discharging any information under this section may, if it is satisfied that the charge is proved against the young person, make an order under any of the provisions of paragraphs (e) to (j) of section 283 of this Act.

Cf. 1974, No. 72, s. 35

283Orders of the Court

Where a charge against a young person is proved before a Youth Court, the Court may, subject to sections 284 to 290 of this Act, do one or more of the following:

(a)Discharge the young person from the proceedings without further order or penalty:

(b)Admonish the young person:

(c)Order that the young person come before the Court, if called upon within 12 months after the making of the order, so that the Court may take further action under this section:

(d)Impose such fine as could have been imposed by a District Court if the young person were an adult and had been convicted of the offence following a summary hearing in a District Court, and exercise any of the powers conferred on a District Court by sections 81 and 83 of the Summary Proceedings Act 1957 (other than the power to impose a period of imprisonment in default of payment):

(e)Order the young person or, in the case of a young person who is under the age of 16 years, any parent or guardian of the young person, to pay a sum towards the cost of the prosecution:

(f)Where the Court is satisfied that any person (other than the young person) suffered---

(i)Any emotional harm; or

(ii)Any loss of or damage to property through or by means of the offence, order the young person or, in the case of a young person who is under the age of 16 years, any parent or guardian of the young person, to pay to the person who suffered the emotional harm or the loss of or damage to property such sum as it thinks fit by way of reparation:

(g)Order the young person or, in the case of a young person who is under the age of 16 years, any parent or guardian of the young person, to make restitution in accordance with section 404 of the Crimes Act 1961:

(h)Make an order for the forfeiture of property to the Crown in any case where the forfeiture of that property would have been obligatory or could have been ordered under any enactment applicable to the offence if the young person were an adult and had been convicted of that offence by a District Court:

(i)Make such order as could have been made by a Court other than a Youth Court under section 83 of the Criminal Justice Act 1985 (which section relates to disqualification from driving) if the young person were an adult and had been convicted of the offence in a Court other than a Youth Court, and in any case where the Court makes such an order, the provisions of that section shall apply accordingly:

(j)Make such order as could have been made by a Court other than a Youth Court under section 84 of the Criminal Justice Act 1985 (which section relates to confiscation of motor vehicles) if the young person were an adult and had been convicted of the offence in a Court other than a Youth Court, and in any case where the Court makes such an order, the provisions of that section and sections 85 to 88 of that Act shall apply accordingly:

(k)Make an order placing the young person under the supervision of the Director-General or such person or organisation as may be specified in the order for a period not exceeding 6 months:

(l)Make a community work order under section 298 of this Act:

(m)Make a supervision with activity order under section 307 of this Act:

(n)Make a supervision with residence order under section 311 of this Act:

(o)In the case of a young person who is of or over the age of 15 years, enter a conviction and order that the young person be brought before a District Court for sentence or decision, and in any such case the provisions of the Criminal Justice Act 1985 shall apply accordingly.

Cf. 1974, No. 72, s. 36 (1); 1977, No. 126, s. 10; 1983, No. 129, s. 8 (1)

284Factors to be taken into account on sentencing

(1)In deciding whether to make any order under section 283 of this Act in respect of any young person, the Court shall have regard to the following matters:

(a)The nature and circumstances of the offence proved to have been committed by the young person and the young person's involvement in that offence:

(b)The personal history, social circumstances, and personal characteristics of the young person, so far as those matters are relevant to the offence and any order that the Court is empowered to make in respect of it:

(c)The attitude of the young person towards the offence:

(d)The response of the young person's family, whanau, or family group to---

(i)The offending by that young person; and

(ii)The young person himself or herself as a result of that offending:

(e)Any measures taken or proposed to be taken by the young person, or the family, whanau, or family group of the young person, to make reparation or apologise to any victim of the offending:

(f)The effect of the offence on any victim of the offence, and the need for reparation to be made to that victim:

(g)Any previous offence proved to have been committed by the young person (not being an offence in respect of which an order has been made under section 282 of this Act or section 35 of the Children and Young Persons Act 1974), any penalty imposed or order made in relation to that offence, and the effect on the young person of the penalty or order:

(h)Any decision, recommendation, or plan made or formulated by a family group conference.

(2)The Court shall not make an order under any of paragraphs (k) to (o) of section 283 of this Act merely because the Court considers that the young person is in need of care or protection (as defined in section 14 of this Act).

285Restrictions on power of Court to make certain orders under section 283

(1)The Court shall not make an order under paragraph (c) of section 283 of this Act in any case where it makes an order under paragraph (k) or paragraph (m) or paragraph (n) of that section.

(2)The Court shall not impose a fine under paragraph (d) of section 283 of this Act unless it is satisfied that the young person on whom the fine is imposed has the capacity to pay the fine within a period of 12 months from the date on which the fine is imposed.

(3)No orders shall be made under paragraph (f) or paragraph (g) of section 283 of this Act against the Director-General or any other person who has been appointed to be a guardian of a young person under section 110 of this Act.

(4)Where the Court exercises in respect of any young person the power conferred by paragraph (o) of section 283 of this Act, it shall not exercise in respect of that young person any of its powers under paragraph (a) or paragraphs (c) to (n) of that section.

(5)The Court shall not make an order under paragraph (1) or paragraph (m) or paragraph (n) of section 283 of this Act if that order would be concurrent with, or cumulative on,---

(a)Any other order made under any of those paragraphs; or

(b)Any community-based sentence (as that term is defined in section 2 (1) of the Criminal Justice Act 1985); or

(c)Any full-time custodial sentence (as that term is so defined),---

unless that other order or that sentence will expire not later than 14 days after the date of the making of the first-mentioned order.

(6)Where---

(a)But for the provisions of paragraph (b) or paragraph (c) of subsection (5) of this section, the Court would have made an order under paragraph (1) or paragraph (m) or paragraph (n) of section 283 of this Act; and

(b)The Court considers that it would not be appropriate to make an order under any of paragraphs (a) to (k) of that section as an alternative to such an order,---

notwithstanding anything in section 290 of this Act the Court may, if the young person is of or over the age of 15 years, make an order under section 283 (o) of this Act.

Cf. 1974, No. 72, s. 36 (1) (proviso), (4); 1977, No. 126, s. 10 (3)

286Person or organisation not to be required to supervise young person without consent

No order shall be made under paragraph (k) or paragraph (m) of section 283 of this Act placing a young person under the supervision of any person (other than the Director-General), or any organisation, unless that person or organisation agrees to supervise that young person pursuant to that order.

287Reparation limited to direct loss

Any sum ordered to be paid pursuant to section 283 (f) of this Act in respect of the loss of or damage to property shall be limited to the cost of replacement or (as the case may require) the cost of repair, and shall not include any loss or damage of a consequential nature.

Cf. 1985, No. 120, s. 22 (5); 1987, No. 168, s. 4

288Order not to be made in respect of parent or guardian unless given opportunity to be heard

No order shall be made under section 283 of this Act in respect of the parent or guardian of any young person unless that parent or guardian has been informed by the Court of the proposal to make the order and has been given an opportunity to make representations to the Court.

Cf. 1974, No. 72, s. 36 (5)

289Restriction on imposition of supervision with activity order

The Court shall not make an order under paragraph (m) of section 283 of this Act unless the nature and circumstances of the offence are such that, but for the availability of that order, the Court would have considered making an order under paragraph (n) of that section.

290Restrictions on imposition of supervision with residence or transfer to District Court for sentence

(1)No order shall be made under paragraph (n) or paragraph (o) of section 283 of this Act in respect of a young person unless---

(a)The offence is a purely indictable offence; or

(b)The nature or circumstances of the offence are such that if the young person were an adult and has been convicted of the offence in a Court other than a Youth Court, a full-time custodial sentence (within the meaning of section 2 (1) of the Criminal Justice Act 1985) would be required to be imposed on the young person; or

(c)The Court is satisfied that, because of the special circumstances of the offence or of the offender, any order of a non-custodial nature would be clearly inadequate.

(2)No order shall be made under section 283 (o) of this Act unless the Court has considered all other alternatives available to it under this Part of this Act and is satisfied that none of them is appropriate in the circumstances of the particular case.

(3)On making an order under paragraph (n) or paragraph (o) of section 283 of this Act, a Judge shall record in writing his or her reasons for making that order.

(4)Nothing in subsection (1) or subsection (2) of this section limits the powers of a District Court in respect of any young person brought before that Court pursuant to an order made under section 283 (o) of this Act.

291Transfer of other charges to District Court for sentence

Where, in any proceedings before a Youth Court, the Court makes an order under paragraph (o) of section 283 of this Act in respect of any charge proved against a young person, notwithstanding anything in section 290 of this Act the Court may, at the same time, make an order under that paragraph in respect of any other charge proved against that young person in those proceedings and in respect of which the Court is empowered to make an order under section 283 of this Act.

292Whole or part of fine may be awarded to victim of offence suffering physical or emotional harm

Where the Court makes an order under section 283 (d) of this Act in respect of any charge proved against a young person, the Court may make such order as could have been made by a Court other than a Youth Court under section 28 of the Criminal Justice Act 1985 (which relates to the payment of part or all of a fine to the victim of an offence) if the young person were an adult and has been convicted of the offence in any Court other than a Youth Court, and in any case where the Court makes any such order, the provisions of that section of that Act shall apply accordingly.

Cf. 1985, No. 120, s. 28; 1987, No. 168, s. 6 (1)

293Effect of order imposing fine or requiring payment of compensation or restitution or forfeiture of property

Every order or decision made under any of the provisions of paragraphs (d) to (h) of section 283 of this Act shall have effect as if made by a District Court and as if any fine imposed or such sum ordered to be paid had been adjudged to be paid by conviction, except that---

(a)The enforcement of every such order or decision shall be the responsibility of a youth Court and its officers; and

(b)No young person shall be liable to imprisonment or corrective training for failing to comply with any such order or decision; and
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

(c)No costs, expenses, or fees shall be payable in respect of the enforcement of any such order or decision.

Cf. 1974, No. 72, s. 111 (1)

294Demerit points

(a)A charge against a Young person is proved before a youth Court; and

(b)The offence is such that if the offender were convicted in a District Court the Secretary for Transport would be obliged under section 44 of the Transport Act 1962 to record demerit points in respect of the offender, ---

the young person shall, unless the information is discharged under section 282 of this Act, be deemed, for the purposes of section 46 to 51 of the Transport Act 1962 and of any regulations made pursuant to section 51 (1) of that Act, to have been convicted of that offence, and the provisions of those sections and regulations shall apply accordingly with all necessary modifications.

Cf. 1974, No. 72, s. 38

295Recall to come before Court

(1)Where the Court makes an order under section 283 (c) of this Act, the Court may, at any time during the duration of the order, direct, on the application of a Social Worker or member of the Police, the issue to the young person in respect of whom the order was made of a summons, in a form prescribed for the purposes of this subsection, to appear before the Court.

(2)Where a young person appears before the Court on a summons issued under subsection (1) of this section, the court may consider the matter and after taking into account such factors as may be relevant since the making of the order, exercise any of the powers conferred on it under section 283 of this Act, except that, ---

(a)Where any power conferred by paragraph (d), paragraph (e), paragraph (f), paragraph (g) or paragraph (h), of that section was exercised in the first instance, the powers so exercised shall not be exercised again; and

(b)Where the Court makes a further order under paragraph (c) of that section, the court shall not, if the young person appears before the Court on a summons issued under subsection (1) of this section in relation to that further order, make any further order under that paragraph.

(3)In any case where a young person does not appear in answer to a summons that has been served under this section, a Youth Court Judge or District Court Judge may direct the issue of a warrant to arrest that young person and bring that young person before the Court.

Cf. 1974, No. 72, s. 36 (3)

Expiry of Orders

296Expiry of orders

Every order made under paragraph (c), paragraph (k), paragraph (l), paragraph (m), or paragraph (n) of section 283 of this Act shall, unless it sooner expires, expire 6 months after the young person in respect of whom the order is made attains the age of 17 years.

Powers of Court Where Young Person Already Subject to Order Made under this Part

297Powers of Court in dealing with young person subject to order made under this Part of this Act

Where a Court finds a charge against a young person proved, and that young person is subject to an order made by a Court under this Part of this Act, the Court may---

(a)Subject to section 285 (5) of this Act, make such order under section 283 of this Act as the Court thinks fit in addition to the order to which the young person is subject:

(b)Revoke the order to which the young person is subject and make such order under section 283 of this Act as the Court thinks fit.

Community Work Order

298Community work order

(1)Subject to this section, where a charge against a young person is proved before a Youth Court, the Court may, with the consent of the young person, order that the young person undertake work in the interests of the community for such number of hours, being not less than 20 nor more than 200, as the Court may specify.

(2)The work required to be undertaken for the purposes of a community work order shall---

(a)Be performed within such period not exceeding 12 months as the Court shall specify:

(b)Be performed under the supervision of---

(i)A Social Worker; or

(ii)Any person or organisation (being a person or organisation approved by the Director-General either generally or in the particular case) who or which agrees to supervise the order.

(3)No Youth Court shall make a community work order unless it is satisfied that suitable work is available for the young person to perform for the purposes of the order.

Cf. 1974, No. 72, s. 36 (1) (ia); 1977, No. 126, s. 10 (2)

299Failure to comply with community work order

(1)A Youth Court may at any time, on the application of a Social Worker or the person or organisation supervising the order, cancel a community work order and substitute, in relation to the young person in respect of whom that order was made, any other order that could have been made at the time that order was made.

(2)The Court shall not cancel a community work order and substitute any other order under subsection (1) of this section unless it is satisfied---

(a)That the young person has failed without reasonable excuse to perform the work satisfactorily in accordance with the order; or

(b)That the young person has failed without reasonable excuse to complete the required number of hours within the period prescribed.

300Variation or cancellation of community work order

(1)A community work order may at any time, on the application of the young person or a Social Worker or the person or organisation supervising the order, be varied by reducing the number of hours of service to be performed for the purposes of the order, or cancelled, by a Youth Court, on any of the following grounds:

(a)That there has been a change of circumstances since the order was made that would justify the variation or cancellation of the order:

(b)That a continuation of the order is no longer necessary in the interests of the community or the young person:

(c)That no, or no more, work is available to be performed by the young person for the purposes of the order.

(2)Without limiting subsection (1) of this section, a Youth Court may, on the application of the young person or a Social Worker or the person or organisation supervising the order, suspend, for such time as it thinks fit, the running of the period during which the work is to be performed for the purposes of a community work order if it is satisfied---

(a)That the young person has arranged to perform the work or any part of it during a specified period; and

(b)Because of incapacity or any humanitarian or other reasons considered sufficient by the Court, it will be impossible for the young person to perform the work during that period or that it would be unreasonable to require the young person to do so.

(3)Where a Social Worker or the person or organisation supervising the order applies for the cancellation of a community work order on the ground set out in subsection (1) (c) of this section, that Social Worker or person or organisation may also, in that application, apply to the Court to substitute another order in place of the community work order; and in such a case the Court may make such other order that could have been made when the community work order was made.

301Procedural provisions relating to application under section 300

(1)Every application under section 300 of this Act shall---

(a)In the case of an application by a young person, be served on the Social Worker or person or organisation supervising the order:

(b)In the case of an application by a Social Worker or person or organisation supervising the order, be served on the young person.

(2)The following persons shall be entitled to appear and be heard at the hearing of the application:

(a)The applicant:

(b)The person on whom the application is served:

(c)With the leave of the Court, any other person.

Cf. 1985, No. 120, s. 35

302Application of Accident Compensation Act 1982 to young persons performing work under community work order

Where a young person does any work for the purposes of a community work order, the following provisions shall apply:

(a)Subject to paragraph (b) of this section, the young person shall be deemed for the purposes of the Accident Compensation Act 1982 and any other enactment or rule of law to be an employee of the Crown:

(b)Where the young person suffers any personal injury by accident arising out of and in the course of doing that work,---

(i)Section 72 of the Accident Compensation Act 1982 shall not apply:

(ii)Subject to subparagraph (i) of this paragraph, the accident shall be deemed to have arisen out of and in the course of the young person's primary employment; but the compensation to which the young person would have been entitled under section 57 (2) (a) of that Act if the accident had so arisen shall be payable to the young person by the Crown and not by his or her primary employer:

(c)For the purposes of paragraph (b) of this section, "primary employment" means the employment in which the person had been engaged during the 7 days before the date of the accident, being employment that had not terminated before the accident and was not due to terminate on the day of the accident or within 6 days after the day of the accident; and, where the young person was engaged during that period in more than 1 such employment, means the employment for which the young person received the greater or greatest remuneration; and "primary employer" has a corresponding meaning.

Cf. 1985, No. 120, s. 62

303Effect of subsequent sentence

Where---

(a)A community work order is in force in respect of a young person; and

(b)A full-time custodial sentence or a community-based sentence (as those terms are defined in section 2 (1) of the Criminal Justice Act 1985) is subsequently imposed on that young person for another offence, ---

the community work order shall be deemed to be cancelled unless the Court imposing that sentence otherwise orders.

Cf. 1985, No. 120, s. 63 (1)

Provisions Relating to Supervision Orders and Supervision With Activity Orders

304Duty of Director-General to provide for supervision

Where, pursuant to section 283 (k) or section 307 (1) of this Act, a young person is placed under the supervision of the Director-General, the Director-General shall from time appoint a Social Worker to supervise the young person on behalf of the Director-General.

Cf. 1974, No. 72, s. 45A; 1983, No. 129, s. 12 (1)

305Conditions of supervision order

Where the Court makes an order under section 283 (k) of this Act placing a young person under the supervision of the Director-General or a person or organisation specified in the order, the following conditions shall apply:

(a)The Social Worker or person or organisation under whose supervision the young person is may, at all reasonable times, visit and enter the building or place in which the young person is living:

(b)The young person shall report to the Social Worker or person or organisation as and when the young person is required to do so by the Social Worker or person or a representative of the organisation:

(c)The young person shall not reside at an address at which that Social Worker or person or organisation has directed the young person not to reside:

(d)The young person shall only continue in employment, or continue to engage in any occupation, approved by that Social Worker or person or organisation:

(e)The young person shall ensure that the Social Worker or person or organisation knows at all times of the address at which the young person is residing for the time being:

(f)The young person shall not associate with any specified person, or with persons of any specified class, with whom the Social Worker or person or organisation has, in writing, warned the young person not to associate.

Cf. 1974, No. 72, s. 46 (1); 1983, No. 129, s. 12 (1)

306Power of Court to impose additional conditions

(1)The Court, in making an order under section 283 (k) of this Act placing a young person under the supervision of the Director-General or a person or organisation specified in the order, may, in its discretion, impose any of all of the following conditions:

(a)That any sum required to be paid by that young person pursuant to an order made under paragraph (e) or paragraph (f) of section 283 of this Act shall be paid within such period and by such instalments as may from time to time be directed by the Social Worker or person or organisation under whose supervision the young person is:

(b)That the young person shall not own or drive a motorcycle or any other kind or motor vehicle:

(c)That the young person shall not associate with any specified person or with persons of any specified class:

(d)That the young person shall undergo any specified medical examination and treatment or any specified psychological or psychiatric examination, counselling, and therapy:

(e)Such conditions relating to the young person's place of residence, employment, or earnings as the Court thinks fit:

(f)Such other conditions as the Court thinks fit to reduce the likelihood of further offending by the young person.

(2)The Court shall not impose any condition under subsection (1) of this section requiring any young person to undergo any medical, psychiatric, or psychological examination or treatment, or any psychological or psychiatric counselling or therapy, unless consent to the examination, treatment, counselling, or therapy is given---

(a)In the case of a young person of or over the age of 16 years, by that young person; or

(b)In any other case, ---

(i)By a parent or guardian (not being the Director-General) of the young person; or

(ii)If there is no such parent or guardian in New Zealand or no such parent or guardian can be found with reasonable diligence or is capable of giving consent, by a person in New Zealand who has been acting in the place of a parent; or

(iii)If there is no person in New Zealand who has been so acting, or if no such person can be found with reasonable diligence or is capable of giving consent, by a District Court Judge or the Director-General.

Cf. 1974, No. 72, s. 47 (1) (a) - (f), (I); 1983, No. 129, s. 12 (1)

307Supervision with activity order

(1)Where a charge against a young person is proved before a Youth Court, the Court may, with the consent of the young person, make an order placing the young person under the supervision of the Director-General or such person or organisation as may be specified in the order for a period not exceeding 3 months, and imposing either or both of the following conditions:

(a)That the young person attend and remain at, for such weekday, evening, and weekend hours each week and for such number of months as the Court thinks fit, any specified centre that is approved by the Department, and take part in such activity as may be required by the person in charge of the centre:

(b)That the young person undertake any specified programme or activity.

(2)Where the Court makes an order under subsection (1) of this section in respect of a young person, it may at the same time make an order under section 283 (k) of this Act placing that young person under the supervision of the Director-General or such person or organisation as is specified in the order for such period (not exceeding 3 months) as the Court may specify, and any order so made under that section shall come into force on the expiry of the order made under subsection (1) of this section.

(3)Where, in respect of any young person, the Court makes an order under subsection (1) of this section, and, pursuant to subsection (2) of this section, at the same time makes an order under section 283 (K) of this Act, both orders shall place the young person under the supervision of the same person or organisation.

Cf. 1974, No. 72, s. 47 (1) (g), (h); 1983, No. 129, s. 12 (1)

308Conditions of supervision with activity order

(1)The conditions specified in section 305 of this Act shall apply to every order made under section 307 (1) of this Act as if that order were an order made under section 283 (k) of this Act.

(2)The Court may, in making an order under section 307 (1) of this Act, impose any or all or the conditions specified in section 306 of this Act.

309Failure to observe conditions of supervision order or supervision with activity order

(1)Where the Court makes an order under section 283 (k) or section 307 of this Act placing a young person under the supervision of the Director-General or a person or organisation specified in the order, the Director-General or a person or organisation specified in the order, the Director-General or, as the case may be, that person or organisation may, in any case where the young person has failed to comply with a condition of the order (including any condition imposed under section 306 of this Act), apply to the Court for a declaration that the young person has failed to comply with the condition.

(2)The Court may, on any application under subsection (1) of this section, where it is satisfied that any young person or the parent or guardian or other person having the care of the young person has failed, without reasonable excuse, to comply with the condition of the order, make a declaration to that effect and may---

(a)Cancel the order, and in substitution for that order make such other order under section 283 of this Act as the Court thinks fit; or

(b)Make any order that the Court is empowered to make under section 310 of this Act as if an application had been made under that section in relation to that order.

(3)Every application under this section shall be served on the young person to whom the order relates and on any parent or guardian or other person having the care of the young person.

Cf. 1974, No. 72, s. 48 (1) – (3)

310Suspension, cancellation, and variation of supervision order or supervision with activity order

(1)Where the Court makes an order under section 283 (k) or section 307 of this Act placing a young person under the supervision of the Director-General or a person or organisation specified in the order, it may on application by that young person, or any parent or guardian or other person having the care of the young person,---

(a)Cancel the order:

(b)Suspend the order for such period as may be specified:

(c)Suspend any condition of the order for such period as may be specified:

(d)Vary any condition of the order.

(2)Every application under subsection (1) of this section shall be served on---

(a)The Director-General, in any case where the young person is placed under the supervision of the Director-General; or

(b)In any other case, the person or organisation under whose supervision the young person is placed, ---

who shall be entitled to appear and be heard at the hearing of the application.

(3)Where the Court makes an order under section 283 (k) or section 307 of this Act placing a young person under the supervision of the Director-General or a person or organisation specified in the order, it may on application made by the Director-General (where the young person is placed under the supervision of the Director-General), or the person or organisation under whose supervision the young person is placed (in any other case),---

(a)Cancel the order:

(b)Suspend the order for such period as may be specified:

(c)Suspend any condition of the order for such period as may be specified:

(d)Impose a further condition of the order:

(e)Vary any condition of the order.

(4)Every application under subsection (3) of this section shall be served on the young person and the parents or guardians or other person having the care of the young person to whom the order relates who shall be entitled to appear and be heard at the hearing of the application.

(5)Where any application is made under subsection (1) or subsection (3) of this section for the suspension or variation of any condition of any order made under section 283 (k) or section 307 of this Act, the Director-General (in any case where the young person is placed under the supervision of the Director-General), or (in any other case) the person or organisation specified in the order, may suspend the condition until the application has been heard and disposed of.

Supervision With Residence Orders

311Supervision with residence order

(1)Where a charge against a young person is proved before a Youth Court, the Court may make an order placing the young person in the custody of the Director-General for a period of 3 months.

(2)Where the Court makes an order under subsection (1) of this section in respect of a young person, it shall at the same time make an order under section 283 (k) of this Act placing that young person under the supervision of the Director-General.

(3)The order required to be made pursuant to subsection (2) of this section shall come into force on the expiry of the order made under subsection (1) of this section or the date on which the young person is released from the custody of the Director-General pursuant to section 314 of this Act, whichever first occurs.

Cf. 1974, No. 72, s. 36 (1) (i) (i); 1983, No. 129, s. 8 (1)

312Effect of supervision with residence order

(1)Where the Court makes an order under section 311 of this Act placing a young person in the custody of the Director-General,---

(a)The Director-General shall have the custody of the young person as if a custody order had been made with respect to the young person under section 11 of the Guardianship Act 1968; and

(b)Except to the extent that they are preserved by the Court in any order made under section 313 of this Act, all the rights, powers, and duties of every other person having custody of the young person shall be suspended and shall have no effect; and

(c)For the purposes of section 22L (1) of the Guardianship Act 1968, the order shall constitute an order with respect to the custody of the young person, and the Director-General shall be a person having rights of custody in relation to the young person pursuant to the order.

(2)Any order made under section 311 (1) of this Act shall be sufficient authority for any member of the Police or any Social Worker or any other person authorised in that behalf by the Director-General to take the young person to whom the order relates to such residence as is specified in the plan prepared under section 335 of this Act in relation to that young person and approved by the Court, and to use such force as is reasonably necessary for that purpose.

(3)Where the Court makes an order under section 311 of this Act placing a young person in the custody of the Director-General, the Director-General may, with the approval of the Court, transfer the young person from any residence under this Act to any other residence under this Act, and may, for that purpose, use such force as is reasonably necessary.

313Court may make orders for access and exercise of other rights by parents and other persons

(1)Where the Court makes an order under section 311 of this Act placing a young person in the custody of the Director-General, it may on making the order, or at any time thereafter, on application made by any parent of that young person or by any other person, make an order---

(a)Granting access to that young person to that parent or other person:

(b)Conferring on that parent or other person such other rights in relation to the young person as it thinks fit.

(2)Any such order may be made on such terms and conditions as the Court thinks fit.

314Director-General may release young person from custody before expiry of supervision with residence order

Where the Court makes an order under section 311 of this Act placing a young person in the custody of the Director-General, the Director-General shall, when that young person has been in the custody of the Director-General pursuant to that order for a period of 2 months, release the young person from that custody if---

(a)The Director-General is satisfied that the young person has not committed any further offence in the period during which the young person has been in the custody of the Director-General; and

(b)The young person has not absconded during that period.

315Supervision with residence order to cease to run if young person absconds

Where a young person who is subject to an order made under section 311 (1) of this Act absconds from the custody of the Director-General, any time during which that young person is unlawfully at large shall not count as part of the period during which that young person is in the custody of the Director-General pursuant to that order.

316Court may cancel supervision with residence order if young person absconds

(1)A Youth Court may, on the application of the Director-General, cancel an order made under section 311 of this Act placing a young person in the custody of the Director-General if the Court is satisfied that the young person has, at any time while that order is in force, absconded form the custody of the Director-General.

(2)Where the Court cancels a supervision with residence order under subsection (1) of this section, ---

(a)The Court shall at the same time cancel the order required to be made under section 311 (2) of this Act in conjunction with that order:

(b)The Court may substitute, in relation to the young person in respect of whom the order was made, any other order that it could have made at the time when the order was made.

(3)Every application under this section shall be served on the young person to whom the supervision with residence order relates, and on the barrister or solicitor or Youth Advocate representing that young person, and those persons shall be entitled to appear and be heard at the hearing of the application.

317When supervision with residence order ceases to have effect

(1)Every order made under section 311 (1) of this Act shall cease to have effect when the term of the order expires or the young person is sooner released from the custody of the Director-General pursuant to section 314 of this Act.

(2)Where an order made under section 311 (1) of this Act expires or is cancelled pursuant to section 316 of this Act, custody of the young person shall revert to the person having custody of the young person immediately before the order was made.

Cf. 1974, No. 72, s. 49 (1) – (7), (9); 1983, No. 129, s. 13

318Search without warrant

(1)For the purpose of exercising the powers conferred by section 312 of this Act in respect of any young person, any member of the Police or any Social Worker or any, other person authorised in that behalf by the Director-General may, without a warrant, enter and search, by force if necessary, any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises, or place, and remove the young person.

(2)Every member of the Police or Social Worker or other person who exercises any powers under this section shall, on entering any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place, and, if requested at any subsequent time, ---

(a)Produce evidence of identity; and

(b)Disclose that those powers are being exercise under this section.

Cf. 1974, No. 72, s. 49AB; 1983, No. 129, s. 13

319Medical treatment of young person in custody of Director-General

No young person who has been placed in the custody of the Director-General pursuant to an order made under section 311 of this Act shall receive any medical treatment unless consent to the treatment is given---

(a)In the case of a young person of or over the age of 16 years, by that young person; or

(b)In any other case, ---

(i)By a parent or guardian (not being the Director-General) of the young person; or

(ii)If there is no such parent or guardian in New Zealand or no such parent or guardian can be found with reasonable diligence or is capable of giving consent, by a person in New Zealand who has been acting in the place of a parent; or

(iii)If there is no person in New Zealand who has been so acting, or if no such person can be found with reasonable diligence or is capable of giving consent, by a District Court Judge or the Director-General.

Reports on Effectiveness of Orders

320Report to be made to Court on effectiveness of certain orders

(1)Where the Court makes a community work order under section 298 of this Act, the Social Worker or, as the case may be, the person or organisation supervising the order shall, on the expiry of the order, furnish to the Court a report in writing.

(2)Where, pursuant to an order made under section 283 (k) or section 307 of this Act (including any order made pursuant to section 307 (2) or section 311 (2) of this Act), a young person is placed under the supervision of the Director-General or a person or orgainsation, the Director-General or, as the case may be, that person or organisation shall, on the expiry of the period specified in the order, furnish to the Court a report in writing.

(3)Where, pursuant to an order made under section 311 (1) of this Act, a young person is placed in the custody of the Director-General, the Director-General shall, on the expiry of the order, furnish a report to the Court in writing.

(4)Every report required by this section to be furnished to the Court in relation to any order shall contain an assessment of the effectiveness of the order, the young person's response to it, and such other information as the person who is required to furnish the report considers relevant.

(5)Where, pursuant to this section, any person or organisation furnishes a report to the Court, that person or organisation shall send a copy of that report to---

(a)The appropriate Youth Justice Co-ordinator; and

(b)The young person to whom the report relates; and

(c)The barrister or solicitor or Youth Advocate representing that young person.

Part V: Provisions Relating to Procedure in Youth Court

General

321Application of District Courts Act 1947 and Summary Proceedings Act 1957

(1)Subject to the provisions of this Act, the provisions set out in the first Schedule to this Act shall apply, with such modifications as are indicated in that Schedule or are necessary, to Youth Courts and to proceedings in such Courts, as the case may require.

(2)For the purposes of section 293 of this Act every Youth Court and its officers shall have all the powers and duties of a District Court and its officers respectively, and Part III of the Summary Proceedings Act 1957 shall apply accordingly with all necessary modifications and the following specific modification, namely, that where any child or young person is examined as to the means of that child or young person under that Part of that Act any parent or guardian or other person having the care of that child or young person may be present.

(3)In any provisions so applied the term "District Court Judge", for the purposes of this Act, means a youth Court Judge exercising jurisdiction in a Youth Court.

(4)Any officer of a District Court may act as an officer of a Youth Court.

(5)For the avoidance of doubt, it is hereby declared that, in any case where a child or young person first appears before a Youth Court following his or her arrest, the following powers may be exercised in relation to the child or young person by a Justice:

(a)The powers conferred by section 238 (1) of this Act:

(b)Where the child or young person is legally represented in the proceedings, the powers conferred by section 246 (b) of this Act."

(inserted by the Children, Young Persons, and Their Families Amendment Act 1994)

Cf. 1974, No. 72, s. 99

322Time for instituting proceedings

A Youth Court Judge may dismiss any information charging a young person with the commission of an offence if the Judge is satisfied that the time that has elapsed between the date of the commission of the alleged offence and the hearing has been unnecessarily or unduly protracted.

Cf. 1974, No. 72, s. 100

Youth Advocates

323Appointment of Youth Advocate to represent child or young person

(1)Where a child or young person appears before a Youth Court charged with an offence, then unless---

(a)The child or young person is already represented by a barrister or solicitor in those proceedings; or

(b)The Court is satisfied that legal representation has been arranged, or will be arranged, for that child or young person in those proceedings, ---

the Court shall appoint a barrister or solicitor to represent that child or young person in those proceedings.

(2)Where the Court appoints a barrister or solicitor under subsection (1) of this section, it shall, so far as practicable, appoint a barrister or solicitor who is, by reason of personality, cultural background, training, and experience, suitably qualified to represent the child or young person.

(3)Where,---

(a)Pursuant to subsection (1) of this section, the Court is required to appoint a barrister or solicitor to represent a child or young person in any proceedings; and

(b)A Youth Advocate has been appointed to represent the child or young person in any previous proceedings, ---

the Court shall, where possible, appoint that Youth Advocate to represent the child or young person in the later proceedings.

324Further provisions relating to Youth Advocate

(1)A Youth Advocate appointed to represent a child or young person in any proceedings shall have, in relation to the representation of that child or young person in those proceedings and on any other occasion on which that Youth Advocate represents that child or young person, the same rights, powers, duties, privileges, and immunities that the Youth Advocate would have had if he or she had not been appointed pursuant to section 323 of this Act but had been retained by that child or young person to provide legal representation.

(2)Where---

(a)A Youth Advocate is appointed to represent a young person in any proceedings; and

(b)In those proceedings the Court makes, in respect of that young person, an order under section 283 of this Act,---

that Youth Advocate shall, if the young person agrees, be entitled to represent the young person---

(c)On any appeal under section 351 or section 352 or section 353 or section 354 of this Act in respect of those proceedings, and in any subsequent proceedings under Part IV of this Act in relation to that order:

(d)Where the Court makes an order under section 283 (o) of this Act that the young person be brought before a District Court for sentence or decision,---

(i)In the proceedings before the District Court:

(ii)On any appeal against that sentence or decision:

(iii)In relation to any matter arising out of that sentence or decision while that young person is detained in custody pursuant to that sentence or decision.

(3)A Youth Advocate appointed to represent a child or young person in any proceedings may, if requested to do so by the child or young person,---

(a)Attend any family group conference held under Part IV of this Act in respect of the child or young person, and may make representations on behalf of the child or young person at any such conference:

(b)Act on behalf of the child or young person in respect of any matter relating to the detention of that child or young person in secure care, or the care of that child or young person in a residence.

325Payment of youth Advocate

(1)The fees and expenses of a Youth Advocate shall, in accordance with regulations made under this Act, be paid out of the Consolidated Account from money appropriated by Parliament for the purpose.

(2)The bill of costs rendered by a youth Advocate shall be given to the Registrar of the Court that appointed that Youth Advocate, and the Registrar may tax the bill of costs.

(3)A Youth Advocate who is dissatisfied with the decision of the Registrar as to the amount of the bill may, within 14 days after the date of the decision, apply to a Youth Court Judge to review the decision; and the Judge may make such order varying or confirming the decision as the Judge considers fair and reasonable.

(4)Notwithstanding subsection (1) of this section, the Court may, if it thinks proper, order any party to the proceedings to refund to refund to the Crown such amount as the Court specifies in respect of any fees and expenses paid under that subsection, and the amount ordered to be refunded shall be a debt due to the Crown by that party and shall be recoverable accordingly in any Court of competent jurisdiction.

Cf. 1980, No. 94, s. 162

Lay Advocates

326Appointment of lay advocate

(1)Where a child or young person appears before a Youth Court charged with an offence, the Court may, on application by any person entitled to make representations in those proceedings on behalf of any person, or of its own motion, appoint any person, not being a barrister or solicitor, to appear in support of that child or young person in those proceedings.

(2)Where the Court appoints a lay advocate under subsection (1) of this section, it shall, so far as practicable, appoint a person who has, by reason of personality, cultural background, knowledge, and experience, sufficient standing in the culture of the child or young person in respect of whom the appointment is to be made to enable that person to carry out his or her duties under this Act.

(3)The Court may make an appointment under subsection (1) of this section notwithstanding that the child or young person is represented in the proceedings by a barrister or solicitor.

327Functions of lay advocate

The principal functions of a lay advocate appointed under section 326 of this Act are as follows:

(a)To ensure that the Court is made aware of all cultural matters that are relevant to the proceedings:

(b)To represent the interests of the child's or young person's whanau, hapu, and iwi (or their equivalents (if any) in the culture of the child or young person) to the extent that those interests are not otherwise represented in the proceedings.

328Further provisions relating to lay advocate

Subsections (2) and (3) of section 324 of this Act shall apply, with all necessary modifications, with respect to every lay advocate appointed under section 326 (1) of this Act to appear in support of a child or young person in any proceedings as if that lay advocate were a Youth Advocate appointed to represent that child or young person in those proceedings.

328A.Payment of Lay Advocate

(1)The fees and expenses of any lay advocate appointed under section 326 of this Act shall, in accordance with regulations made under this Act, the paid out of public money appropriated by Parliament for the purpose.

(2)Notwithstanding subsection (1) of this section, the Court may, if it thinks proper, order any party to the proceedings to refund to the Crown such amount as the Court specifies in respect of any fees and expenses paid under that subsection, and the amount ordered to be refunded shall be a debt due to the Crown by that party and shall be recoverable accordingly in any Court of competent jurisdiction.'

(Inserted by the Children, Young Persons, and Their Families Amendment Act 1989)

Attendance at Hearings and Right to Make Representations

329Persons entitled to be present at hearing

(1)No person shall be present during the hearing of any proceedings in a Youth Court relating to a child or young person except---

(a)Officers of the Court:

(b)The child or young person:

(c)The informant and any person, including any barrister or solicitor, conducting the proceedings against the child or young person:

(d)The parents or guardians or other person having the care of the child or young person:

(e)Where a family group conference has been held under Part IV of this Act in relation to the child or young person, a representative appointed by that family group conference:

(f)Any barrister or solicitor or Youth Advocate representing the child or young person:

(g)Any barrister or solicitor representing any parent or guardian of the child or young person:

(h)Any Youth Justice Co-ordinator:

(i)Any Social Worker:

(j)Any lay advocate who appears in support of the child or young person or any parent or guardian or other person having the care of the child or young person:

(k)Witnesses:

(l)Accredited news media reporters:

(m)Any other person whom the Judge permits to be present.

(2)Any witness shall leave the courtroom if asked to do so by the Judge.

(3)Noting in this section limits any other power of the Court to hear proceedings in private or to exclude any person from the Court.

Cf. 1974, No. 72, s. 23; 1980, No. 94, s. 159 (2), (3), (5)

330Right to make representations in Youth Court

(1)Where a child or young person appears before a Youth Court charged with an offence, representations may be made to the Court on behalf of the child or young person by---

(a)The child or young person:

(b)Any barrister or solicitor or Youth Advocate who represents the child or young person:

(c)Any parent or guardian or other person having the care of the child or young person:

(d)Any lay advocate who appears in support of the child or young person or any parent or guardian or other person having the care of the child or young person:

(e)With the leave of the Court, any other person.

(2)Where a child or young person appears before a Youth Court charged with an offence, representations may be made to the Court on behalf of any parent or guardian or other person having the care of that child or young person by---

(a)That parent or guardian or other person:

(b)Any barrister or solicitor who represents that parent or guardian or other person:

(c)Any lay advocate who appears in support of that parent or guardian or other person:

(d)With the leave of the Court, any other person.

(3)Where, in respect of any child or young person who appears before a Youth Court charged with an offence, a family group conference has been held pursuant to Part IV of this Act, a representative of that family group conference shall be entitled to address the Court.

Cf. 1974, No. 72, s. 40 (b), (c); 1983, No. 129, s. 9

Arrangements for Hearings in Youth Courts

331Matters before Court to be dealt with separately

So far as practicable the sittings of a Youth Court shall be so arranged that---

(a)Persons attending are not brought into contact with persons in attendance at any other Court; and

(b)Both the extent to which children and young persons are able to associate within the Court premises while awaiting hearing, and the extent to which parents are obliged to congregate in common waiting facilities pending the hearing of proceedings in which they are involved, are reduced to a minimum.

Cf. 1974, No. 72, s. 22

332Arrangements for hearing of proceedings in Youth Court

(1)So far as practicable the hearing of proceedings in a Youth Court shall be arranged in a manner that keeps to a minimum the time that the persons involved have to wait for the proceedings to be heard.

(2)The time stated in every summons requiring a person to appear before a Youth Court shall be a time that accords with the reasonable expectation of the Registrar of the Court of the time when the proceedings in respect of which the summons is issued will be heard.

Reports

333Medical, psychiatric, and psychological reports

(1)If, at any stage of any proceedings under Part IV of this Act, it appears to the Court that a medical, psychiatric, or psychological report should be available to the Court, the Court may make any order that a Family Court is empowered to make under any of the provisions of sections 178 and 181 of this Act, and the provisions of those sections and of sections 179, 180, 182, 183, 184, and 185 of this Act shall apply with such modifications as may be necessary.

(2)Without limiting the provisions of subsection (1) of this section, the Court may obtain a psychiatric report under this section in respect of a young person for the purpose of assisting the Court in determining---

(a)Whether the young person is under disability within the meaning of section 108 of the Criminal Justice Act 1985; or

(b)If the young person is insane within the meaning of section 23 of the Crimes Act 1961; or

(c)The type and duration of any order that it is empowered to make under Part IV of this Act; or

(d)The nature of any requirement that it might impose as part of, or as a condition of, any order that it is empowered to make under Part IV of this Act.

(3)Without limiting the provisions of subsection (1) of this section, the Court may make it a condition of any grant of bail that a young person shall attend, in accordance with the Court's directions, for the purposes of a psychiatric examination under this section.

334Report by Social Worker

(1)Where the Court makes a finding that a charge against a young person is proved, the Court may, before making any order under section 283 of this Act, obtain a report from a Social Worker.

(2)The Court shall not make an order under paragraph (k) or paragraph (1) or paragraph (m)or paragraph (n) or paragraph (o) of section 283 of this Act unless a report from a Social Worker is first obtained by the Court.

(3)The Court shall consider every report furnished to it pursuant to this section.

(4)Every report furnished to the Court pursuant to this section shall include---

(a)Such information relating to the disposition of the case as will assist the Court in its consideration of the matter:

(b)Such information as the Court may direct.

(5)Every report required pursuant to this section shall be prepared, where appropriate, in consultation with a Maatua Whangai worker.

Cf. 1974, No. 72, s. 41 (3), (5); 1982, No. 135, s. 9 (1)

335Report to be accompanied by plan

(1)Every report required under section 334 of this Act in relation to any order proposed to be made under paragraph (k) or paragraph (1) or paragraph (m) or paragraph (n) of section 283 of this Act shall be accompanied by a plan containing details of how that order is to be implemented, including details of---

(a)The arrangements that would be made for the care and control of the young person during the period in which the young person would be in the custody, or under the supervision, of the Director-General or any other person or orgainsation; and

(b)The nature of any programme that would be provided to the young person during that period.

(2)Every plan required by subsection (1) of this section shall be prepared---

(a)Where it is proposed to place the young person under the supervision of any person (other than the Director-General), or any organisation, by that person or organisation;

(b)By a Social Worker in any other case.

336.Court may obtain cultural or community report

Before making any order under section 283 of this Act the Court may make any order that a Family Court is empowered to make under section 187 of this Act, and the provisions of the section shall apply with such modifications as may be necessary.

337Reports may be made orally

The Court may, unless any person entitled to make representation in the proceedings objects, direct that any report required pursuant to section 334 (other than a report to which subsection (2) of that section applies) or section 336 of this Act be made orally to the Court.

338Privilege for reports

The provisions of section 188 of this Act shall apply with such modifications as may be necessary with respect to every report furnished to the Court pursuant to section 333 or section 334 or section 336 of this Act.

339Access to reports and plans under this Part of this Act

The provisions of sections 191 to 194 of this Act shall apply with such modifications as may be necessary with respect to---

(a)Every report furnished to the Court pursuant to section 333 or section 334 or section 336 of this Act; and

(b)Every plan furnished to the Court pursuant to section 335 of this Act.

Written Statement of Terms of Orders

340Written statement of terms of certain orders to be given to young person

(1)Where a Court makes an order under paragraph (k) or paragraph (l) or paragraph (m) or paragraph (n) or paragraph (o) of section 283 of this Act, it shall, before the young person leaves the Court, cause a written statement to be supplied to the young person to whom the order relates, and to the barrister or solicitor or Youth Advocate representing the young person, specifying---

(a)The terms of the order:

(b)In the case of an order referred to in paragraph (n) or paragraph (o) of that section, the reasons for the making of that order:

(c)Provisions for variation of the order:

(d)The existence of rights or appeal against the order or the finding on which the order was based.

(2)For the purposes of subsection (1) of this section, the Court may direct that the young person shall remain at the Court for a period, not exceeding 1 hour, as may be necessary to enable the statement to be supplied to the young person.

(3)Where it is not practicable to supply a written statement to the young person before the young person leaves the Court, the statement shall be supplied to the young person, and to the barrister or solicitor or Youth Advocate representing that young person, as soon as practicable.

Cf. 1985, No. 120, s. 58

Part VI:Appeals

Appeals from Decisions of Family Courts

341Appeals from decisions of Family CourtsPART VI
APPEALS

(1)Where in any proceedings under this Act, a Family Court has made or refused to make an order, or has otherwise finally determined or dismissed the proceedings, a party to the proceedings, or any other person prejudicially affected, or any child or young person to whom the proceedings relate, may appeal to the High Court against the decision or order.
(amended by the Children, Young Persons, and Their Families Amendment Act 1998

(2)An appeal under subsection (1) of this section may be from the whole or part of the order or decision of the Court.

342Procedure for bringing appeal

(1)An appeal under section 341 must be brought---

(a)Within 28 days after the making of the order of decision appealed against; or

(b)Within such further time as the High Court may allow on an application made to it within 1 month after the expiration of that period of 28 days.

(2)Despite section 341 and subsection (1), if the Court makes an interlocutory order or an interim order, a party to the proceedings, or any other person prejudicially affected, or any child or young person to whom the proceedings relate, may, with the leave of the Court, appeal to the High Court against the whole or any part of the order, and section 71A (4) and (6) of the District Courts Act 1947 apply with all necessary modifications.

(3)An appeal under section 341 or under subsection (2) must be brought in accordance with the following provisions of the District Courts Act 1947 (which apply with all necessary modifications):

(a)Section 71:

(b)Section 72:

(c)Section 73 (2), but the Court appealed from may, on the ex parte application of the appellant, order that security is not required to be given:

(d)Section 73 (3) and (4):

(e)Section 74:

(f)Section 75.

(amended by the Children, Young Persons, and Their Families Amendment Act 1998)

343Notice of appeal to be given to local Director of Social Welfare

Except where the appellant is the Director-General, notice of the fact that an appeal has been lodged under section 341 of this Act shall be given forthwith by the Registrar of the High Court to the Director of Social Welfare for the district in which the Court appealed from is situated.

344Notice 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 not be suspended by an appeal under section 341 of this Act, and every order made under this Act may be enforced in the same manner in all respects as if no appeal under that section were pending.

Cf. 1980, No. 94, s. 174 (9)

345Interim custody order pending appeal

(1)Any party to an appeal under section 341 of this Act may apply to the Court appealed from or to the High Court for an order relating to the custody of the child or young person to whom the appeal relates pending the determination of the appeal, and the Court may make the order on such terms and conditions as it thinks fit.

(2)Every order made under subsection (1) of this section shall come into force on the day on which it is made and, unless sooner revoked, shall remain in force until the appeal is finally determined by the High Court.

(3)An order made under subsection (1) of this section shall have effect as if it were an order made under section 78 of this Act, and the provisions of sections 79 to 82 of this Act shall apply with respect to the order with such modifications as may be necessary.

(4)The High Court may at any time on the application of any party to the appeal or of its own motion vary, modify, or revoke any order made under subsection (1) of this section or vary, modify, or revoke any term or condition of the order.

346Procedure on appeal

The following provisions apply, with all necessary modifications, to an appeal under section 341:

(a)Section 156, 157, and 166 to 169:

(b)Section 76 and 78 of the District Courts Act 1947.

(amended by the Children, Young Persons, and Their Families Amendment Act 1998)

347Appeal to Court of Appeal on question of law

(1)Any party to an appeal under section 341 of this Act may, with the leave of the Court of Appeal, appeal to the Court of Appeal against any determination of the High Court on a question of law arising in an appeal under that section.

(2)On an appeal to the Court of Appeal under this section, the Court of Appeal shall have the same power to adjudicate as the High Court had.

(3)The decision of the Court of Appeal on an appeal to it under this section, and on an application to it under this section for leave to appeal, shall be final.

Cf. 1980, No. 94, s. 174 (5) - (7)

348Determination of appeals

(1)In this determination of any appeal under section 341 of this Act, the High Court may---

(a)Confirm, modify or reverse the order or decision appealed against:

(b)Exercise any of the powers that could have been exercised by the Family Court in relation to the matter to which the appeal relates.

(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 sections 341 to 347 of this Act) shall apply in respect of every such decision of the High Court accordingly.

(3)Except as provided in section 347 of this Act, the decision of the High Court on an appeal to that Court under section 341 of this Act shall be final.

349Court may refer appeals back for reconsideration

(1)Notwithstanding anything in section 348 of this Act, the High Court may, in any case, instead of determining any appeal under that section, direct the Family Court to reconsider, either generally or in respect of any specified matters, the whole or any specified part of the matter to which the appeal relates.

(2)In giving any direction under this section, the High Court shall---

(a)Advise the family Court of its reasons for doing so; and

(b)Give to the Family Court such directions as it thinks just concerning the reconsideration or otherwise of the whole or any part of the matter that is referred back for reconsideration.

(3)In reconsidering the matter so referred back, the Family Court shall have regard to the High Court's reasons for giving a direction under subsection (1) of this section, and the High Court's directions under subsection (2) of this section.

350Decision of High Court and Family Court to be sent to Director-General

(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 given by a Family Court in accordance with a direction given under section 349 of this Act, shall be sent by the Registrar of the High Court or the Family Court, as the case may be, to the Director of Social Welfare for the district in which the Family Court whose decision or order is appealed against is situated.

(2)Notice of the fact that an appeal has not been proceeded with shall be given by the Registrar of the High Court to the Director of Social Welfare for the district in which the High Court is situated.

Appeals from Decisions of Youth Court

351Appeals 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 of the Court:

(b)Any order made by the Court based on that finding:

(c)Both the finding of the Court and any order made based on that finding.

(2)A young person may not appeal against a finding of the Court until the young person has been dealt with by the Court under section 283 of this Act.

(3)Nothing in subsection (2) of this section shall prevent a young person who has not been dealt with by the Court under section 283 of this Act within 1 month after the date of the finding of the Court from appealing against the finding of the Court.

(4)In any case where a young person has not been dealt with by the Court under section 283 of this Act within 1 month after the date of the finding of the Court and has not appealed to the High Court under subsection (3) of this section, the young person may appeal to the High Court in accordance with subsection (1) of this section after the Court has made any order or imposed any sentence on the young person.

Cf. 1974, No. 72, s. 53 (1), (2); 1980, No. 87, s. 2

352Appeal 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 order made by a Youth Court under section 283 (k) or (m) or (n) of this Act in respect of that young person:

(b)Any order made under section 283 (e) of this Act requiring that parent or guardian to pay a sum towards the cost of the prosecution:

(c)Any order made under section 283 (f) of this Act requiring that parent or guardian to make reparation to any person:

(d)Any order made under section 283 (g) of this Act requiring that parent or guardian to make restitution.

Cf. 1974, No. 72, s. 54; 1982, No. 135, s. 12

353Appeal 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 against---

(a)The conviction:

(b)Any sentence of the Court based on the conviction:

(c)Both the conviction and any sentence of the Court based on the conviction.

(2)No appeal against a conviction may be brought under subsection (1) of this section until the person convicted has been sentenced or otherwise dealt with.

Cf. 1974, No. 72, s. 55

354Appeal 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 against the finding, sentence, or order as being erroneous in point of law to the High Court by way of case stated for the opinion of the High Court on a question of law only.

(2)The informant in any proceedings before a Youth Court may appeal against any finding, sentence, or order made in those proceedings as being erroneous in point of law to the High Court by way of case stated for the opinion of the High Court on a question of law only.

Cf. 1974, No. 72, s. 56

355Application of Part IV of Summary Proceedings Act 1957

(1)Subject to the provisions of this Part of this Act, the provisions of Part IV of the Summary Proceedings Act 1957 (including the other provisions of that Act that are applied in that Part), as far as they are applicable and with the necessary modifications,---

(a)So far as they relate to general appeals, shall apply with respect to every appeal under section 351 or section 352 or section 353 of this Act:

(b)So far as they relate to appeals on points of law only by way of case stated, shall apply with respect to every appeal under section 354 of this Act.

(2)In the application of the provisions of Part IV of that Act, those provisions shall be read as if---

(a)References to a District Court were references to a Youth Court; and

(b)The Registrar of the District Court of which the Youth Court in which the case was heard and determined is a division were the Registrar of that Youth Court; and

(c)References to a District Court Judge or Justice or Justices (except the references to those terms in section 50 (6) of the Summary Proceedings Act 1957) were references to a Youth Court Judge exercising jurisdiction in a Youth Court.

Cf. 1974, No. 72, s. 57; 1982, No. 135, s. 13 (2)

356Effect 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 shall not be affected by the filing of a notice of appeal relating to the order, unless the Youth Court Judge who presided over the Court making the order or, if that Youth Court Judge is not available, some other Youth Court Judge exercising jurisdiction in a Youth Court, on application by the appellant, directs that the operation of the order shall be suspended pending the determination of the appeal.

(2)Notice of any application or direction under subsection (1) of this section shall be given by the Registrar to the Director of Social Welfare of the district in which the Court is situated.

(3)Where a direction is given under subsection (1) of this section in respect of any order, the term of the order shall cease to run from the date of the direction.

357Application 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 decision of a Youth Court.

Cf. 1974, No. 72, s. 59

358Presence 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 Act (not being an appeal on a point of law only), the young person, if the young person is then, pursuant to that order, under the supervision of the Director-General or any other person or organisation, or, as the case may be, is in the custody of the Director-General, shall be entitled to be present unless the High Court or a Judge of that Court otherwise directs.

(2)On the hearing of any appeal relating to an order made under section 283 (n) of this Act (being an appeal on a point of law only), the young person, if the young person is then in the custody of the Director-General, shall not be entitled to be present except with the leave of the High Court or a Judge of that Court.

(3)Where under this section a young person is entitled to be present in the High Court on the hearing of any appeal, the person having custody of that young person may, without further authority than this subsection, cause that young person to be taken to the High Court for the hearing.

(4)Where any appeal relating to a young person is made under this Part of this Act, the High Court or a Judge of that Court may order that the young person shall be present at the hearing.

Cf. 1974, No. 72, s. 60

359Presence 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 High Court or a Judge of that Court may order that any parent or guardian of the young person, or any person having the care of the young person, shall be present at the hearing, and may further order that that parent, guardian, or other person shall bring the young person with that person.

(2)Where, pursuant to subsection (1) of this section, the High Court or a Judge of that Court orders any person to be present at any hearing, the Registrar of that Court shall cause every person so ordered to be present to be served with written notice of the time and place at which that person is required to attend.

(3)If any person fails to attend at the High Court in accordance with an order made under subsection (1) of this section, the Court may direct the issue of a warrant to arrest that person and bring that person before the Court.

(4)At the hearing of any such appeal, any parent or guardian of the young person, or any person having the care of the young person, may be examined in respect of any matter relating to the proceedings.

Cf. 1974, No. 72, s. 61

360Notification of appeal and result of appeal to local Director of Social Welfare

(1)Where any appeal under this Part of this Act relates to an order made under paragraph (k) or paragraph (m) or paragraph (n) of section 283 of this Act, an additional copy of the notice of appeal shall be filed, and the Registrar of the Youth Court shall forthwith deliver or post that copy to the Director of Social Welfare for the district in which the Court is situated.

(2)Where the decision of the High Court on any such appeal had been given, the Registrar of the High court shall send to the Director a certificate setting out the result of the appeal.

(3)Where under section 107 of the Summary Proceedings Act 1957 (as applied to appeals under this Part of this Act) a district Court Judge has certified that any such appeal has not been prosecuted, the Registrar of the District Court shall send a copy of that certificate to the Director.

(4)Where any such appeal has been dismissed for non-prosecution, the Registrar of the High Court shall send a certificate to that effect to the Director.

Cf. 1974, No. 72, s. 62

Part VII:Children and Young Persons in Care of Director-General or Other Persons or Bodies

361Application of section 362, 364, 365, 387, 390 to 392, 394, and 395 of this Act

Section 362, 364, 365, 387, 390 to 392, 394, and 395 of this Act apply to---

(a)Any child or young person who is placed in the care of the Director-General or an Iwi Social Service with respect to the child or young person, that Social Service or the Director of a Child and Family Support Service pursuant to an agreement made under section 139 or section 140 or section 141 of this Act:

(b)Any child or young person who is placed in the custody of the Director-General pursuant to section 39 or section 40 or section 42 of this Act:

(c)Any child or young person who is placed in the custody of the Director-General or an Iwi Social Service with respect to the child or young person, that Social Service or the Director of a Child and Family Support Service pursuant to an order made under section 78 or section 101 of this Act:

(d)Any child or young person who is placed under the sole guardianship of the Director-General or an Iwi Social Service with respect to the child or young person, that Social Service pursuant to an order made under section 110 of this Act:

(e)Any child or young person who is placed in the custody of an Iwi Social Service with respect to the child or young person, that Social Service pursuant to section 234 (c) (ii) of this Act:

(f)Any child or young person who is placed in the custody of the Director-General pursuant to section 235 of this Act:

(g)Any child or young person who is ordered to be detained in the custody of the Director-General or an Iwi Social Service with respect to the child or young person, that Social Service pursuant to section 238 (1) (d) of this Act:

(h)Any young person who is placed in the custody of the Director-General pursuant to a supervision with residence order made under section 283 (n) of this Act:

(i)Any child or young person who is placed in the custody of the Director-General or an Iwi Social Service with respect to the child or young person, that Social Service or the Director of a Child and Family Support Service pursuant to an order made under section 345 of this Act.

(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

Placement of Children and Young Persons

362Children 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 Director-General or, as the case requires, an Iwi Social Service or a Cultural Social Service or the Director of a Child and Family Support Service may place any child or young person (being a child or young person to whom this section applies) who is in the care or custody or under the guardianship or the Director-General or, as the case requires, that Social Service or that Director in the charge of any person whom or organisation which the Director-General or, as the case requires, that Social Service or that Director considers suitable to provide for that child's or young person's care, control, and upbringing.

(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

Cf. 1974, No. 72, s. 67

363Payment to person or organisation providing care

(1)The Director-General shall from time to time determine the rates of payment to persons and organisations in whose charge a child or young person is placed pursuant to section 362 of this Act.

(2)Where, pursuant to section 362 of this Act, any person (being the Director-General or an Iwi Social Service or a Cultural Social Service or the Director of a Child and Family Support Service) places a child or young person in the charge of a person or organisation, it is the duty of the first-mentioned person to ensure that the payments specified in subsection (1) of this section are made and that any additional payments necessary to meet the reasonable needs of the child or young person are made.
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

(3)Subject to any limits that are determined from time to time by the Director-General, the Director-General or, as the case requires, an Iwi Social Service or a Cultural Social Service or the Director of a Child and Family Support Service may make payments under this section at a higher rate in cases where there is special need.
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

Cf. 1974, No. 72, s. 68

Residences

364Authority to establish residences

(1)The Director-General, 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 the opinion of the Director-General may be required for the purpose of providing for the care and control of children and young persons to whom this section applies, and, in particular, shall endeavour to establish a sufficient range of residences to cater effectively for the variety of special needs of such children and young persons.

(2)In particular, and without limiting the generality of subsection (1) of this section, the Director-General may, with the approval of the Minister, establish and maintain residences for any of the following purposes:

(a)Remand, observation, assessment, classification, and short-term training purposes:

(b)The provision of a variety of programmes of special training and rehabilitation:

(c)The Provision of periodic training, or recreational, educational, or vocational activities, or of work either in a residence or in the community under supervision:

(d)The provision of secure care.

(3)It is hereby declared that every residence that the Director-General is authorised to establish under this Act is a public work within the meaning of the Public Works Act 1981.

Cf. 1974, No. 72, s. 69

365Director-General may place children any young persons in residences

(1)The Director-General may place any child or young person to whom this section applies (being a child or young person who is in the care or custody or under the guardianship of the Director-General) in a residence established under section 364 of this Act.

(2)In exercising the power conferred by subsection (1) of this section, the Director-General shall have regard to the objects and principles of this Act (as set out in sections 4, 5, and 6 of this Act) and to the principles set out in section 13 or, as the case may require, section 208 of this Act.

366Closing of residences and transfer of residents

The Director-General may at any time, with the Minister's approval, direct the closing of any residence established under section 364 of this Act, and may transfer the children and young persons in any such residence to any other residence under this Act, or place any such children and young persons in the care of any person or organisation pursuant to section 362 of this Act.

Cf. 1974, No. 72, s. 71

Secure Care

367Secure care

Subject to sections 368 and 370 of this Act and to any regulations made under section 447 of this Act, the Director-General may, in relation to any child or young person (not being a child or young person to whom section 361 (a) of this Act applies) who is placed in a residence established under section 364 of this Act, place the child or young person in secure care in that residence.

Cf. 1974, No. 72, s. 49AA (a); 1983, No. 129, s. 13

368Grounds 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 absconding from the residence where any 2 of the conditions specified in subsection (2) of this section apply; or

(b)To prevent the child or young person from behaving in a manner likely to cause physical harm to that child or young person or to any other person.

(2)The conditions referred to in subsection (1) (a) of this section are---

(a)The child or young person has, on one or more occasions within the preceding 6 months, absconded from a residence or from Police custody:

(b)There is a real likelihood that the child or young person will abscond from the residence:

(c)The physical, mental, or emotional wellbeing of the child or young person is likely to be harmed if the child or young person absconds from the residence.

(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

369Notice 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 Director-General shall give notice that the child or young person has been placed in secure care to---

(a)At least one of the following persons:

(i)A parent of the child or young person:

(ii)A guardian (other than the Director-General) of the child or young person:

(iii)Any other person previously having the care of the child or young person:

(b)Any person nominated by the child or young person, in accordance with regulations made under section 447 of this Act, to receive any such notice:

(c)Either---

(i)Any barrister or solicitor who represents the child or young person; or

(ii)Any Youth Advocate appointed under section 323 of this Act to represent the child or young person.

(2)Every notice under subsection (1) of this section shall be given---

(a)Where practicable, by telephone forthwith on the placing of the child or young person in secure care; and

(b)By letter in accordance with subsection (3) of this section.

(3)Every notice under subsection (1) of this section that is given by letter shall---

(a)Be sent not later than 24 hours after the child or young person is placed in secure care; and

(b)Specify the ground for placing the child or young person in secure care; and

(c)Contain a clear statement of---

(i)The right to apply under section 380 of this Act for a review of the placement of a child or young person in secure, care; and

(ii)The procedure for applying for such a review.

(4)Any notice required by this section to be given to any person by letter shall be deemed to have been received by that person when the letter would have been delivered in the ordinary course of post, and in proving that the notice was given it shall be sufficient to prove that the letter was properly addressed and posted.

370Time 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 more than 3 consecutive days (whether continuously or not), unless an approval has been granted under section 376 of this Act.

(2)Notwithstanding anything in subsection (1) of this section, no child or young person (being a child or young person who is placed in the custody of the Director-General pursuant to section 42 or section 235 of this Act) shall be kept in secure care for a continuous period of more than 24 hours unless an approval has been granted under section 376 of this Act.

(3)In calculating, for the purposes of subsection (2) of this section, the period for which a child or young person has been kept in secure care, any period spent in secure care on any of the following days shall not be included:

(a)Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, Waitangi Day, Christmas Day, Boxing Day, New Year's Day, or the second day of January:

(b)The day observed as the anniversary of the province in which the residence in which the child or young person is detained is situated:

(c)Any day that is a public holiday in the place in which that residence is situated.

371Application for approval for continued detention insecure care

(1)Where a child or young person is placed in secure care pursuant to section 367 of this Act, the Director-General may apply to a Family Court or a Youth Court or, where it is not practicable to apply to a Family Court or a Youth Court, to a District Court for approval for the continued detention of that child or young person in secure care.

(2)Where any application is made under subsection (1) of this section, the Director-General shall give written notice of the application to the following persons:

(a)The child or young person in respect of whom the application is made:

(b)Each parent or guardian of the child or young person:

(c)Any person who had the care of the child or young person immediately before the child or young person was placed in the residence:

(d)Any other person specified by the Court.

(3)Where notice of an application cannot be given to any person to whom paragraph (b) or paragraph (c) of subsection (2) of this section applies, the Court may, on such terms and conditions as it thinks fit, dispense with the giving of notice to that person.

372Registrar 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, the Registrar of the Court in which that application is filed may, on the ex parte application of the Director-General, make an order authorising the continued detention of that child or young person in secure care.

(2)An order made under subsection (1) of this section in respect of child or young person shall, notwithstanding anything in section 370 of this Act, be sufficient authority to detain that child or young person in secure care until---

(a)The application made under section 371 (1) of this Act in respect of that child or young person is finally determined; or

(b)The expiry of the period of 3 days commencing on the date on which that application is made---

whichever first occurs.

(3)A Registrar shall not make an order under subsection (1) of this section in respect of a child or young person unless that Registrar is satisfied that it is necessary, on either or both of the grounds specified in section 368 of this Act, to detain that child or young person in secure care pending the determination of an application under section 371 (1) of this Act.

(4)Where an order is made under subsection (1) of this section, any person affected by that order may apply at any time for the discharge of that order.

(5)The provisions of section 378 of this Act shall apply, with all necessary modifications, with respect to every order made under subsection (1) of this section as if such an order were the decision of a Court on an application made under section 371 of this Act.

(6)The provisions of section 379 of this Act shall apply, with all necessary modifications, with respect to every order made under subsection (1) of this section as if such an order were an approval granted by a Court under section 376 of this Act.

373Persons 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 or young person except---

(a)Officers of the Court:

(b)The child or young person:

(c)Any parent or guardian of the child or young person:

(d)Any near relative of the child or young person:

(e)Any member of the child's or young person's whanau or family group:

(f)Any person who had the care of the child or young person immediately before the child or young person was placed in the residence:

(g)Any barrister or solicitor representing the child or young person or any parent or guardian of the child or young person:

(h)Any lay advocate who appears in support of---

(i)The child or young person; or

(ii)Any parent or guardian of the child or young person:

(i)The Director of the residence in which the child or young person is detained, or a representative of that Director:

(j)Any Social Worker:

(k)Witnesses:

(l)Any person whom the Court permits to be present.

(2)Any witness shall, if asked to do so by the Judge, leave the courtroom or other room where the hearing is held.

(3)Nothing in subsection (2) of this section limits any other power of the Court to hear the application in private or to exclude any person from the Court.

374Right 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 applicant, or any barrister or solicitor representing the applicant:

(b)The child or young person:

(c)Any parent or guardian of the child or young person:

(d)Any barrister or solicitor who represents the child or young person or any parent or guardian of the child or young person:

(e)Any lay advocate who appears in support of---

(i)The child or young person; or

(ii)Any parent or guardian of the child or young person:

(f)With the leave of the Court, any other person.

(2)Where a child or young person who is the subject of an application under section 371 of this Act is not represented by a barrister or solicitor, the Court shall---

(a)In the case of a young person to whom section 361 (h) of this Act applies, appoint a Youth Advocate under section 323 of this Act to represent that young person, and the provisions of that section and of sections 324 and 325 of this Act shall apply with all necessary modifications with respect to that appointment:

(b)In any other case, appoint a barrister or solicitor under section 159 of this Act to represent that child or young person, and the provisions of that section and of sections 161 and 162 of this Act shall apply with all necessary modifications with respect to that appointment.

375Hearing 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 person to whom the application relates is detained.

376Court 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, on either or both of the grounds specified in section 368 of this Act, to detain the child or young person in secure care, the Court may grant an approval authorising the continued detention of the child or young person in secure care.

(2)In considering an application under section 371 of this Act, the Court may take into account any oral or documentary material that the Court considers relevant, whether or not it would be admissible in a Court of law.

(3)On granting an approval under subsection (1) of this section, the Court---

(a)Shall record in writing the reasons for granting the approval; and

(b)May impose such conditions relating to the continued detention of the child or young person in secure care as the Court thinks fit.

(4)Subject to subsection (5) of this section, an approval granted under subsection (1) of this section shall be valid for a period of 14 days commencing on the day on which it is granted, or such shorter period as the Court may specify.
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

(5)Notwithstanding subsection (4) of this section, where an application under section 371 of this Act relates to a child or young person who is remanded, by the High Court or a District Court, in the custody of the Director-General pursuant to subsection (4) or subsection (5A) of section 142 of the Criminal Justice Act 1985, the Court may grant an approval under subsection (1) of this section for such period (being more than 14 days but not more than 28 days) as the Court shall specify, in any case where the Court is satisfied that, because of the length of time for which the child or young person is likely to be detained in the Director-General's custody, the public interest so requires. Any approval so granted shall be valid for the specified period commencing on the day on which it is granted.
(inserted by the Children, Young Persons, and Their Families Amendment Act 1994)

377Renewal 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 Director-General at any time before the approval (or any current renewal of that approval) has expired.

(2)A renewal of an approval granted under section 376 (1) of this Act may be granted under this section if the Court is satisfied that the ground on which the approval was granted still obtains.

(3)The provisions of section 371 and sections 373 to 376 of this Act shall apply with all necessary modifications with respect to an application for the renewal of an approval granted under section 376 of this Act as if it were an application under section 371 of this Act.

(4)Where an application for the renewal of an approval is duly made before the expiration of the approval (or of any current renewal of the approval), the approval shall, notwithstanding the expiration of the period for which the approval was granted or last renewed, continue in force until---

(a)The application is determined; or

(b)The expiration of the period of 3 days commencing on the date on which the approval would otherwise have expired pursuant to section 376 of this Act,---

whichever first occurs.

(5)Subsections (4) and (5) of section 376 of this Act shall apply with all necessary modifications with respect to the duration of the validity of a renewal granted under subsection (1) of this section as if that renewal were an approval granted under subsection (1) of that section.
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

378Notification 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 give notice in writing of the Court's decision to the following persons:

(a)The child or young person to whom the application relates:

(b)Each parent or guardian of the child or young person:

(c)Any person who had the care of the child or young person immediately before the child or young person was placed in the residence:

(d)The Director-General:

(e)The Director of the residence in which the child or young person is detained:

(f)Any other person specified by the Court.

(2)Every such notice shall contain, where applicable,---

(a)The reasons recorded by the Court for granting the approval or the renewal of the approval:

(b)Any conditions imposed by the Court on the continued detention of the child or young person.

379Review 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 condition under either of those sections relating to the continued detention of a child or young person in secure care, that Court or the High Court may from time to time, on the application of the child or young person to whom the approval or condition relates, or any barrister or solicitor or Youth Advocate representing that child or young person, review that decision.

(2)The fact that an application for a review is lodged or is pending under this section shall not affect any approval to detain the child or young person in secure care, which approval shall, unless it sooner expires, continue pending the review.

(3)On any review under this section the Court may make such order as may be just.

380Application 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) of this section may, at any time before an application is made under section 371 of this Act in respect of that child or young person, apply to a Family Court Judge or a Youth Court Judge or, if neither a Family Court Judge nor a Youth Court Judge is available, a District Court Judge for a review of the decision to place that child or young person in secure care.

(2)The following persons may make an application under subsection (1) of this section:

(a)The child or young person who is placed in secure care:

(b)Any parent or guardian of the child or young person:

(c)Any person who had the care of the child or young person immediately before the child or young person was placed in a residence:

(d)Any barrister or solicitor or Youth Advocate representing the child or young person.

(3)The fact that an application has been made under this section shall not affect any authority to detain the child or young person in secure care.

381Notice 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 application shall give written notice of the application to the Director of the residence in which the child or young person is detained in secure care and to such other persons (If any) as the Court directs.

(2)Every person who is given notice of an application under section 380 of this Act shall be entitled to appear and be heard on the hearing of the application.

(3)Notwithstanding anything in subsection (1) of this section, a review of a decision to place a child or young person in secure care may be made upon an ex parte application if the Court is satisfied that the delay that would be caused by proceeding on notice would or might entail undue hardship.

382Disposal 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 may---

(a)Order that the child or young person be released from secure care; or

(b)Refuse the application; or

(c)Refuse the application and impose such conditions relating to the detention of the child or young person in secure care as the Court thinks fit.

(2)In considering an application under section 380 of this Act, the Court may take into account any oral or documentary material that the Court considers relevant, whether or not it would be admissible in a Court of law.

383Review 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 382 (1) (c) of this Act, the applicant or any other person who would have been entitled, pursuant to section 380 (2) of this Act, to make that application may apply to the High Court to review that decision.

(2)On any review under this section the High Court may make such order as may be just.

383A.Lapse of authority for detention in secure care

Any authority conferred by or under any of section 367 to 383 of this Act for the detention of a child or young person in secure care in a residence shall, unless it sooner expires, continue only for so long as the authority to detain that child or young person in that residence continues."

(inserted by the Children, Young Persons, and Their Families Amendment Act 1994)

Discipline

384Discipline of children and young persons in residences

The Director-General may, in relation to any child or young person placed in a residence established under section 364 of this Act, use such means to discipline the child or young person as are both---

(a)Reasonable; and

(b)Within the limits permitted by regulations made under this Act.

Cf. 1974, No. 72, s. 49AA (b); 1983, No. 129, s. 13

Absconding by Children and Young Persons

385Children and young persons who abscond

(1)This section applies to any child or young person who---

(a)Leaves or is taken without authority from a residence:

(b)Refuses or neglects to return to a residence:

(c)Leaves or is taken without authority from the care of any person or organisation in whose charge that child or young person was placed pursuant to section 362 of this Act:

(d)Refuses or neglects to return to the care of any such person or organisation.

(2)Any child or young person to whom this section applies may be detained without warrant by any member of the Police or a Social Worker and returned to any residence or to the care of any person or organisation, as the case may be, or otherwise dealt with in accordance with this Act.

(3)A child or young person to whom this section applies, unless that child or young person was being detained pursuant to section 238 (1) (d) or (e) of this Act or section 142A of the Criminal Justice Act 1985, does not, by reason only of an act or omission referred to in subsection (1) of this section, commit an offence against section 120 of the Crimes Act 1961.

(4)For the purpose of detaining without warrant any child or young person who leaves or is taken without authority from a residence under this Act, every member of the staff of any such residence shall, if it is administered by the Crown, have the powers conferred on a Social Worker by subsection (2) of this section.

Cf. 1974, No. 72, s. 104; 1977, No. 126, s. 18 (2)

386Search warrants

(1)Any Judge or Justice or any Registrar (not being a member of the Police) who, on application in writing made on oath by any member of the Police or a Social Worker, is satisfied that there are reasonable grounds for suspecting that a child or young person to whom section 385 of this Act applies is for the time being at any known premises or place, may issue a warrant authorising any member of the Police or Social Worker to---

(a)Enter and search, by force if necessary, any such premises or place specified in the warrant; and

(b)Remove the child or young person, using such force as may reasonably be necessary; and

(c)Either---

(i)In the case of a child or young person who has absconded or is absent from a residence, return that child or young person to the residence from which that child or young person absconded or from which that child or young person is absent or place that child or young person in any other residence under this Act; or

(ii)In the case of a child or young person who has absconded or is absent from the care of any person or organisation in whose charge that child or young person was placed pursuant to section 362 of this Act, return that child or young person to the care of that person or organisation.

(2)(deleted by the Children, Young Persons, and Their Families Amendment Act 1996)

Cf. 1974, No. 72, s. 104A; 1982, No. 135, s. 17

Financial Matters

387Director-General empowered to make payments for benefit of children and young persons

The Director-General may, from time to time, make such payments as may be necessary to meet the reasonable needs of any child or young person to whom this section applies.

388Financial and other assistance in respect of children and young persons subject to orders made under this Act

(1)The Director-General may, from time to time, make grants or provide financial or other assistance---

(a)     To any organisation or person referred to in any order made under section 86 or section 91 or section 283 (k) or section 298 or section 307of this Act for the purpose of assisting that organisation or person to carry out the terms of the order:

(amended by the Children, Young Persons, and Their Families Amendment Act 1989)

(b)To any parent or guardian or other person having the care of the child or young person to whom the order relates for the purpose of assisting that parent or guardian or other person to case for the child or young person:

(c)To any young person to whom the order relates.

(2)The Director-General may, form time to time, make grants or provide financial or other assistance to any person or organisation having the care of a child or young person pursuant to any order under this Act relating to the custody or guardianship of the child or young person.

389Financial and other assistance in other cases

The Director-General may, from time to time, make grants or provide financial assistance to any person for the purpose of assisting that person to care for any child or young person---

(a)Who has ceased to be subject to---

(i)An agreement made under section 139 or section 149 or section 141 or section 142 of this Act; or

(ii)An order made under section 78 or section 86 or section 91 or section 101 or section 110 or section 283 (n) of this Act; and

(b)Who, in the circumstance of the particular case, is in need of special assistance.

390Power to control finances of young persons under guardianship or in custody

(1)Every person (being the Director-General or an Iwi Social Service or a Cultural Social Service or the Director of a Child and Family Support Service) shall have such authority and powers as may be necessary to exercise control over the earnings and other income of any young person (being a young person to whom this section applies) who is in the care or custody, or under the guardianship, of that person, and may for that purpose---

(a)Open an account in the name of that young person in any bank:

(b)Pay or arrange for the payment or crediting of the whole or any part of the earnings or other income of that young person into that account.

(2)Any account opened under subsection (1) of this section shall be operated either---

(a)By the young person; or

(b)If the Director-General or, as the case requires, the Iwi Social Service or the Cultural Social Service or the Director of the Child and Family Support Service so directs, by the young person jointly with a person nominated by the Director-General or, as the case requires, that Social Service or that Director.

(3)All money standing to the credit of a young person in any such account shall be paid to the young person when the young person is discharged from the care, custody, or guardianship of the Director-General or, as the case requires, of the Iwi Social Service or a Cultural Social Service or the Director of a Child and Family Support Service, and may be paid at any time before the young person is so discharged if the Director-General or, as the case requires, that Social Service or that Directory-General thinks fit.

(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

Cf. 1974, No. 72, s. 50

391Imposition of charge to meet expenses of providing care for children and young persons

(1)Where any child or young person to whom this section applies receives earnings or income, the Director-General or, as the case requires, in Iwi Social Service or a Cultural Social Service or the Director of a Child and Family Support Service may impose a charge to meet the expenses of providing for the care of that child or young person.
(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

(2)No charge imposed under subsection (1) of this section shall exceed 25 percent of the net earnings and other income of the child or young person.

392Manager may be appointed under Protection of Personal and Property Rights Act 1988 to manage property of children and young persons subject to guardianship or custody order

(1)A Family Court shall have jurisdiction under Part III of the Protection of Personal and Property Rights Act 1988 to appoint a manager in respect of the property, or any specified part of the property, of any child or young person to whom this section applies, and the provisions of that Act shall apply accordingly.

(2)For the purposes of section 25 of the Protection of Personal and Property Rights Act 1988, a child or young person to whom this section applies shall be deemed to lack the competence to manage his or her own affairs in relation to this or her property.

Cf. 1974,No. 72, s. 52

Maintenance

393Recovery of cost of maintenance of children and young persons in care

(1)Where, pursuant to---

(a)An agreement made under section 139 or section 140 or section 141 or section 142 of this Act; or

(b)An order made under section 101 or section 110 or section 283 (n) of this Act,---

any child or young person is placed in the care of custody or under the guardianship of the Director-General or an Iwi Authority or a Cultural Authority or the Director of a Child and Family Support Service, the Director-General or, as the case requires, that Authority or that Directory may, where it is appropriate and practicable to do so, obtain payment from any parent of the child or young person towards the maintenance of the child or young person.

(2)For the purpose of obtaining such payments, the Director-General or an Iwi Authority or a Cultural Authority or the Director of a Child and Family Support Service may---

(a) Enter into a maintenance agreement with any parent of the child or young person:

(b)Make in application under the Family Proceedings Act 1980 for a maintenance order.

Cf. 1974, No. 72, s. 96

Limitation on Tortious Liability

394.Limitation on tortious liability of Director-General and other persons having care of child or young person

(1)Subject to subsections (2) and (3) of this section, no liability in tort shall attach to---

(a)The Director-General, or any employee of the Department; or

(b)Any Iwi Social Service or Cultural Social Service or Child and Family Support Service, or any member or employee of any such Social Service or Support Service; or

(c)Any person or organisation in whose charge a child or young person is placed pursuant to section 362 of this Act, or any member or employee of any such person or organisation,---

in respect of an act or omission on the part of a child or young person to whom this section applies.

(2)Nothing in subsection (1) of this section applies if the act or omission---

(a)Occurs while the child or young person is acting as the employee or agent of any person, organisation, Social Service, or Support Service referred to tin any of paragraphs (a) to (c) of subsection (1) of this section, or of any member or employee of any such person, organisation, Social Service, or Support Service; and

(b)Is within the scope of the child's or young person's employment or authority as such.

(3)Nothing in subsection (1) of this section exempts any person or organisation referred to in paragraph (c) of that subsection from any liability in tort for any loss resulting from the use, care, or control of a motor vehicle, if that motor vehicle is in the possession or under the control of a child or young person with the authority of that person or organisation.

(4)In subsection (3) of this section, the term motor ‘vehicle' has the same meaning as in the Transport Act 1962.

(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

Cf. 1974, No. 72, s. 51

Reporting of Deaths

395Police to be notified of deaths

Where a child or young person to whom this section applies dies, the following provisions shall apply:

(a)Where the child or young person was, at the time of this or her death, in the care or custody or under the guardianship of an Iwi Social Service or a Cultural Social Service or the Director of a Child and Family Support Service, that Social Service or, as the case requires, that Director shall give notice of the death---

(i)Forthwith on learning of it, to a member of the Police:

(ii)Within 24 hours of learning of it, to the Director of Social Welfare for the district in which the child or young person was residing at the time of his or her death:

(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

(b)Where the child or young person was, at the time of his or her death, in the charge of any person or organisation pursuant to section 362 of this Act, that person or organisation shall give notice of the death---

(i)Forthwith on learning of it, to a member of the Police:

(ii)Within 24 hours of learning of it, to the Director of Social Welfare for the district in which the child or young person was residing at the time of his or her death:

(c)Where the child or young person was, at the tine of his or her death, residing in a residence established under section 364 of this Act, the person in charge of that residence shall, on learning of that death, forthwith notify a member of the Police.

Cf. 1974, No. 72, ss. 69A, 82; 1988, No. 111, s. 46

Part VIIIProvisions relating to Iwi Social Services, Cultural Social Services, Child and Family Support Services, and Community Services

(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

Iwi Social Services, Cultural Social Services, and Child and Family Support Services

396.Approval of Iwi Social Services, Cultural Social Services, and Child and Family Support Services

(1)The Director-General may, from time to time, on application made to the Director-General, approve any incorporated body (being a body established by an iwi) as an Iwi Social Service for the purposes of this Act.

(2)The Director-General may, from time to time, on application made to the Director-General, approve any incorporated body (being a body established by one or more cultural groups (not being iwi) within New Zealand) as a Cultural Social Service for the purposes of this Act.

(3)The Director-General may, from time to time, on application made to the Director-General, approve any organisation or body (including a children's home), whether incorporated or unincorporated, as a Child and Family Support Service for the purposes of this Act.

(4)The Director-General may grant an approval under this section subject to such conditions as the Director-General thinks fit.

(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

397Restrictions on granting of approval

The Director-General shall not approve any body or organisation as an Iwi Social Service or a Cultural Social Service or a Cultural Social Service or a Child and Family Support Service unless the Director-General, after making such enquiries as may be appropriate, is satisfied that the body or organisation is---

(a)Suitable to act as the custodian or guardian of children and young persons; and

(b)Capable of exercising or performing the powers, duties, and functions conferred or imposed by or under this Act on an Iwi Social Service or, as the case requires, a Cultural Social Service or a Child and Family Support Service.

(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

398Director-General not to decline application without giving applicant opportunity to make submissions

The Director-General shall not decline an application for an approval under section 396 of this Act without giving the applicant---

(a)A copy of any information on which the Directory-General relies in proposing to decline the application; and

(b)A reasonable opportunity to make written submissions to the Director-General in relation to that information.

399Revocation of approval

(1)Subject to this section, where the Director-General is satisfied, in relation to any Iwi Social Service or Cultural to any Iwi Social Service or Cultural Social Service or Child and Family Support Service, that proper standards of care are not being provided for the children and young persons who are in the custody or under the guardianship of that Social Service or Support Service, the Director-General may exercise either or both of the following powers:

(a)If the Director-General considers that suspension of the approval of the Iwi Social Service or Cultural Social Service or Child and Family Support Service is desirable in the public interest, the Director-General may suspend the approval of that Social Service or Support Service:

(b)After giving the Social Service or Support Service not less than 60 days' notice of the date on which the Director-General will consider the matter, the Director-General may revoke the approval of that Social Service or Support Service.

(2)Where, under subsection (1) of this section, the Director-General revokes or suspends the approval of an Iwi Social Service or a Cultural Social Service or a Child and Family Support Service, the Director-General shall---

(a)Give notice of the suspension or revocation to the Iwi Social Service or Cultural Social Service or Child and Family Support Service and the reasons for it; and

(b)Give notice of the suspension or revocation in the Gazette.

(3)Every Iwi Social Service or Cultural Social Service or Child and Family Support Service to whom a notice is given under subsection (1) (b) of this section is entitled to make submissions to the Director-General, and the Director-General shall have regard to those submissions before deciding whether or not to revoke the approval of that Social Service or Support Service.

(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

400. Assessment of Iwi Social Services, etc.

(1)Any Social Worker or other officer of the Department authorised by the Director-General may, from time to time, carry out an assessment of an Iwi Social Service or a Cultural Social Service or a Child and Family Support Service for the purpose of assessing---

(a)The operation of that Social Service or Support Service:

(b)The standards of care being provided for the children and young persons who are in the care or custody or under the guardianship of that Social Service or Support Service:

(c)The practices and procedures applying in respect of the Social Service or Support Service.

(2)Every Social Worker or officer of the Department who carries out an assessment of an Iwi Social Service or a Cultural Social Service or a Child and Family Support Service under subsection (1) of this section shall prepare a report on that assessment for the report shall be supplied by the Director-General to that Social Service or Support Service.

(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

401.Powers of persons carrying out assessment of Iwi Social Service, etc

(1)For the purpose of carrying out an assessment of an Iwi Social Service or a Child and Family Support Service under section 400 of this Act, a Social Worker or other officer of the Department authorised by the Director-General may---

(a)At any reasonable time enter any premises that are occupied by the Social Service or Support Service and that provide and that provide residential accommodation for children or young persons who are in the care or custody or under the guardianship of the Social Service or Support Service and inspect any part of those premises:

(b)Interview---

(i)The Convener of the Social Service or, as the case requires, the Director of the Support Service:

(ii)Any officer or employee of the Social Service or Support Service:

(c)Communicate with any person having the care of any child or young person who is in the care or custody or under the guardianship of that Social Service or Support Service and with that child or young person:

(d)Examine any documents or records that are held by that Social Service or Support Service and that relate to any child or young person who is in the care or custody or under the guardianship of the Social Service or Support Service.

(2)Every Social Worker or officer shall give reasonable notice of that person's intention to enter any premises pursuant to subsection (1) (a) of this section to the Social Service or Support Service concerned.

(3)Every Social Worker or officer shall, on entering any premises under this section, and when requested at any subsequent time, produce---

(a)Evidence of that person's authority to enter the premises; and

(b)Evidence of that person's identity.

(4)Any Social Worker or officer who is carrying out an assessment under section 400 of this Act may at any time be accompanied by such other person or persons (including a registered medical practitioner) as may be necessary to carry out the assessment."

(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

402.Convener of Iwi Social Service or Cultural Support Service to have power of decision for purposes of this Act

Where, pursuant to any provision of this Act, a child or young person is placed in the care or custody or under the guardianship of an Iwi Social Service or Cultural Support Service, the Convener of that Social Service shall have and may exercise or carry out, on behalf of the Social Service all rights, powers, and duties in respect of the child or young person that are conferred or imposed on the Social Service by virtue of this Act.

(amended by the Children, Young Persons, and Their Families Amendment Act 1994)

Community Services

403Approval of Community Services

(1)The Director-General may, from time to time, on application by any person, body, or organisation whether incorporated or unincorporated, approve any service as a Community Service for the purposes of this Act, either generally or subject to such limitations as the Director-General may specify.

(2)The Director-General may grant an approval under this section subject to such conditions as the Director-General thinks fit.

(3)The Director-General shall not approve any service to be a Community Service unless the Director-General is satisfied that the service will provide services designed to further all or any of the objects of this Act (as set out in section 4 of this Act).

404Director-General not to decline application without giving applicant opportunity to make submissions

The Director-General shall not decline an application for an approval under section 403 of this Act without giving that applicant---

(a)A copy of any information on which the Director-General relies in proposing to decline the application; and

(b)A reasonable opportunity to make written submissions to the Director-General in relation to that information.

405Revocation of approval

(1)Subject to this section, where the Director-General is satisfied, in relation to any Community Service, that the Service is no longer providing services designed to further the objects of this Act, or is not providing services of an adequate standard, the Director-General may exercise either or both of the following powers:

(a)If the Director-General considers that suspension of the approval of the Community Service is desirable in the public interest, the Director-General may suspend the approval of the Service:

(b)After giving the Service not less than 60 days' notice of the date on which the Director-General will consider the matter, the Director-General may revoke the approval of the Service.

(2)Where the Director-General revokes or suspends the approval of a Community Service under subsection (1) of this section, the Director-general shall---

(a)Give notice of the suspension or revocation to the Community Service and the reasons for it; and

(b)Give notice of the suspension or revocation in the Gazette.

(3)Every Community Service to whom a notice is given under subsection (1) (b) of this section is entitled to make submissions to the Director-General, and the Director-General shall have regard to those submissions before deciding whether or not to revoke the approval of the Service.

406Financial assistance to Community Service

(1)Subjects to any general directions given from time to time by the Minister, the Director-General may, from time to time, make grants or provide financial assistance to any Community Service.

(2)Any grants made, or financial assistance provided, under subsection(1) of this section may be made or provided on such conditions, including conditions as to repayment and the giving of security to secure repayment, as the Director-General thinks fit.

407Director-General may contract with Community Services for provision of services

The Director-General may from time to time, on behalf of the Crown, enter into a contract with any Community Service for the provision, by that Community Service, of such services as the Director-General considers necessary or desirable for the purposes of enabling the Director-General to carry out any function imposed on the Director-General by or under this Act.

408Assessment of Community Services

(1)Any Social Worker or other officer of the Department authorised by the Director-General may, from time to time, carry out an assessment of a Community Services for the purpose of assessing---

(a)The operation of that Community Service:

(b)The standard of the services being provided by that Service:

(c)The practices and procedures applying respect of the Service.

(2)Every Social worker or officer of the Department who carries out an assessment of a Community Service under subsection (1) of this section shall prepare a report on that assessment for the Director-General, and a copy of that report shall be supplied by the Director-General to that Service.

409Powers of person carrying out assessment of Community Service

(1)For the purpose of carrying out an assessment of a Community Service under section 408 of this Act, a Social worker or other officer of the Department authorised by the Director-General may--

(a)At any reasonable time enter any premises that are occupied by the Service and insect any part of those premises:

(b)Interview any officer or employee of the Service:

(c)Communicate with any person to whom the Service is providing, or has provided, any service:

(d)Examine any documents or records that are held by the Service and that relate to the provision by that Service of any service to which the approval granted under section 403 of this Act relates.

(2)Every Social worker or officer shall give reasonable notice of that person's intention to enter any premises pursuant to subsection (1) (a) of this section to the Service concerned.

(3)Every Social worker or officer shall, on entering any premises under this section, and when requested at any subsequent time, produce---

(a)Evidence of that person's authority to enter the premises; and

(b)Evidence of that person's identity.

(4)Any Social Worker or officer who is carrying out an assessment under section 408 of this Act may at any time be accompanied by such other person or persons (including a registered medical practitioner) as may be necessary to carry out the assessment.

Part IX:Commissioner for Children

Appointment and Functions

410Commissioner for Children

There shall be appointed a Commissioner for Children.

411Functions of Commissioner

(1)The functions of the Commissioner shall be--

(a)To investigate any decision or recommendation made, or any act done or omitted, under this Act in respect of any child or young person in that child's or young person's personal capacity:

(b)To monitor and assess the policies and practices of the Department, and of any other person, body, or organisation exercising or performing any function, duty, or power conferred or imposed by or under this Act, in relation to the exercise or performance of function, duty, or power conferred or imposed by or under this Act:

(c)To encourage the development, within the Department, of policies and services designed to promote the welfare of children and young persons:

(d)To undertake and promote research into any matter relating to the welfare of children and young persons:

(e)To inquire generally into, and report on, any matter, including any enactment or law, or any practice or procedure, relating to the welfare of children and young persons:

(f)To receive and invite representations from members of the public on any matter relating to the welfare of children and young persons:

(g)To increase public awareness of matters relating to the welfare of children and young persons:

(h)On the Commissioner's own initiative or at the request of the Minster, to advise the Minster on any matters relating to the administration of this Act:

(i)To keep under review, and make recommendation on, the working of this Act.

(2)The Commissioner shall also have such other functions as are conferred on the Commissioner by this Act or by any other enactment.

(3)Nothing in subsection (1) (a) of this section authorises the Commissioner to investigate any decision or recommendation made by, or any act or omission of, any Court.

Cf. 1975, No. 9, s. 13 (1); 1977, No. 49, s. 5

Proceedings of Commissioner

412Powers of Commissioner

The Commissioner shall have all such powers as are reasonably necessary or expedient to enable the Commissioner to carry out the Commissioner's functions.

413Commissioner may regulate own procedure

Subjects to section 414 of this Act, the Commissioner may regulate the Commissioner's procedure in such manner as the Commissioner thinks fit.

414Commissioner not to make adverse comment unless opportunity be hear given

Notwithstanding anything in this Part of this Act, the Commissioner shall not, in any report made under this Act, make any comment that is adverse to any person unless the person has been given an opportunity to be heard.

Cf. 1975, No. 9, s. 22 (7)

415Annual report

(1)Without limiting the right of the Commissioner to report at any other time, but subject to section 414 of this Act, the Commissioner shall within 3 months after the expiration of each year ending with the 31st day of March or such other date as may from time to time be directed by the Minister, furnish to the Minister a report on the exercise of the Commissioner's functions under this Part of this Act during that year.

(2)A copy of the report shall be laid before the House of Representatives.

Cf. 1975, No. 9, s. 29

Conditions of Employment

416Appointment of Commissioner

(1)The Commissioner shall be appointed by the Governor-General on the recommendation of the Minister.

(2)No person shall be deemed to be employed in the service of Her Majesty for the purposes of the State Sector Act 1988 or the Government Superannuation Fund Act 1956 by reason of that person's appointment as Commissioner.

417Term of office and conditions of employment of Commissioner

Subject to section 418 of this Act, the following matters shall be determined in each case by agreement between the Minster and the person appointed as Commissioner:

(a)The term of office of the Commissioner:

(b)The conditions of employment of the Commissioner.

418Removal from office

Any person appointed as Commissioner may at any time be removed from office by the Governor-General for just cause or excuse.

419Superannuation or retiring allowances

(1)For the purpose of providing a superannuation fund or retiring allowance for the Commissioner, sums by way of subsidy may from time to time be paid into any scheme under the National Provident Fund Act 1950 containing provision for employer subsidy or into any other employer-subsidised scheme approved by the Minister of Finance for the purposes of this section.

(2)Notwithstanding anything in this Act, any person who immediately before being appointed as the Commissioner is a contributor to the Government Superannuation Fund under Part II or Part IIA of the Government Superannuation Fund Act 1956 shall be deemed, for the purposes of that Act, to be employed in the Government service so long as that person continues to hold office as the Commissioner; and that Act shall apply to that person in all respects as if service as the Commissioner were Government service.

(3)Subject to the Government Superannuation Fund Act 1956, nothing in subsection (2) of this section shall entitle any such person to become a contributor to the Government Superannuation Fund after that person has once ceased to be a contributor.

(4)For the purposes of applying the Government Superannuation Fund Act 1956, in accordance with subsection (2) of this section, to a person who holds office as the Commissioner and is a contributor to the Government Superannuation Fund, the term "controlling authority'', in relation to any such person, means the Commissioner.

Cf. 1982, No. 156, clause 13 of the Second Schedule

Miscellaneous Provisions

420Proceedings privileged

(1)Subject to subsection (2) of this section,---

(a)No proceedings, civil or criminal, shall lie against the Commissioner for anything the Commissioner may do or fail to do in the course of the exercise or intended exercise of the Commissioner's functions under this Act, unless it is shown that the Commissioner acted in bad faith:

(b)The Commissioner shall not be called to give evidence in any Court, or in any proceedings of a judicial nature, in respect of anything coming to the Commissioner's knowledge in the exercise of the Commissioner's functions under this Act.

(2)Nothing in subsection (1) of this section applies in respect of proceedings for---

(a)An offence against section 78 or section 78A (1) or section 105 or section 105A of the Crimes Act 1961; or

(b)The offence of conspiring to commit an offence against section 78 or section 78A (1) or section 105 or section 105A of the Crimes Act 1961; or

(c)The offence of attempting to commit an offence against section 78 or section 78A (1) or section 105 or section or section 105A of the Crimes Act 1961.

(3)Anything said or any information supplied or any document, paper, or thing produced by any person in the course of any inquiry by or proceedings before the Commissioner under this Act shall be privileged in the same manner as if the inquiry or proceedings were proceedings in a Court.

(4)For the purpose of clause 5 of the First Schedule to the Defamation Act 1954, any report made by the Commissioner under this Act shall be deemed to be an official report made by a person holding an inquiry under the authority of the legislature of New Zealand.

Cf. 1975, No. 9, s. 26; 1982, No. 164, s. 5

421Commissioner deemed to be official

The Commissioner shall be deemed to be an official for the purposes of sections 105 and 105A of the Crimes Act 1961.

Cf. 1977, No. 49, s. 77; 1987, No. 8, s. 25 (1)

422Money to be appropriated b Parliament for purposes of this Part of this Act

All fees, salaries, allowances, and other expenditure payable or incurred under or in the administration of this Part of this Act shall be payable out of money to be appropriated by Parliament for the purpose.

Part X: Miscellaneous Provisions

Care and Protection Co-ordinators and Youth Justice Co-ordinators

423Appointment of Care and Protection Co-ordinators

(1)The Director-General shall, from time to time, for the purposes of this Act, appoint under the State Sector Act 1988 a sufficient number of Care and Protection Co-ordinators.

(2)A person shall not be appointed to be a Care and Protection co-ordiantor unless that person, is, by reason of his or her personality, training, and experience, suitably qualified to exercise or perform the functions, duties, and powers conferred or imposed on a Care and Protection Co-ordinator by or under this Act.

424Duties of Care and Protection Co-ordinator

The duties of a Care and Protection Co-ordinator are as follows:

(a)To receive reports and referrals in accordance with Part II of this Act:

(b)To convene family group conferences in accordance with Part II of this Act, and, where necessary, to convene further meetings of any such conference:

(c)To consult with any Care and Protection Resource panel as appropriate:

(d)To consult, as appropriate, with persons having knowledge of or experience in cultural matters:

(e)To record the details of any decision, recommendation, or plan made or formulated by a family group conference pursuant to Part II of this Act:

(f)To ensue that any decision, recommendation, or plan made or formulated by a family group conference pursuant to Part II of this Act is reviewed regularly:

(g)To notify the results of a family group conference in accordance with section 32 of this Act:

(h)To perform such other duties as may be prescribed by or under this Act or any other Act.

425Appointment of Youth Justice Co-ordinators

(1)The Director-General shall, from time to time, for the purposes of this Act, appoint under the State Sector Act 1988 a sufficient number of Youth Justice Co-ordinators.

(2)A person shall not be appointed to be a Youth Justice Co-ordinator unless that person is, by reason of his or her personality, training, and experience, suitably qualified to exercise or perform the functions, duties, and powers conferred or imposed on a Youth Justice Co-ordinator by or under this Act.

426Duties of Youth Justice Co-ordinator

The duties of a Youth Justice Co-ordinator are as follows:

(a)To receive reports in accordance with section 18 (3) of this Act:

(b)Where a child or young person is alleged to have committed an offence, to explore with the relevant enforcement agency the possibility of dealing with the matter by means other than the institution of criminal proceedings:

(c)To convene family group conferences in accordance with Part IV of this Act, and, where necessary, to convene further meetings of any such conference:

(d)To record the details of any decision, recommendation, or plan made or formulated by a family group conference pursuant to Part IV of this Act:

(e)To notify the results of a family group conference in accordance with section 265 of this Act:

(f)To perform such other duties as may be prescribed by or under this Act or any other Act.

427Delegation of functions of Care and Protection Co-ordinator or Youth Justice Co-ordinator to Social Worker

(1)A Care and Protection Co-ordinator or a youth Justice Co-ordinator may, from time to time, delegate to any Social Worker (being a Social Worker who is, in the opinion of that Co-ordinator, suitable by reason of is or her training or experience to carry out that functions or power) any function or power of that Co-ordinator under this Act.

(2)Every delegation under subsection (1) of this section---

(a)Shall be in writing:

(b)May be given on such terms and conditions as the Co-ordinator thinks fit:

(c)Shall be revocable in writing at will by the co-ordinator or the Director-General.

(3)Subject to any terms or conditions imposed by the Co-ordinator, a Social Worker to whom any functions or powers are delegated under subsection (1) of this section may exercise those functions or powers as if they had been conferred on that person directly by this Act and not by delegation.

(4)Every person purporting to act pursuant to any delegation under subsection (1) of this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.

(5)No delegation under subsection (1) of this section shall affect or prevent the exercise of any function or power by the Care and Projection Co-ordinator or Youth Justice Co-ordinator who made the delegation.

(6)Any delegation under subsection (1) of this section, until it is revoked by the Director-General, shall continue in force according to its tenor, notwithstanding that the Care and Protection Co-ordinator or Youth Justice Co-ordinator by whom the delegation was made may have ceased to hold office.

Care and Protection Resource Panels

428Care and Protection Resource Panels

(1)The Director-General shall establish advisory committees, to be known as Care and Protection Resource Panels, which shall have the functions specified in section 429 of this Act and such other functions as the Director-General thinks fit.

(2)Every Care and Protection Resource Panel shall consist of such number of members as the Director-General thinks fit, which members shall be appointed by the Director-General.

(3)In making appointment to a Care and Protection Resource Panel the Director-General shall have regard to the desirability of having as members of such panels persons from occupations and organizations (including voluntary and statutory organisations, cultural and community groups, Government Departments, and Government agencies) that are concerned with the care and protection of children and young persons.

(4)Every Care and Protection Resource Panel may at any tine be discharged, altered, or reconstituted by the Director-General.

429Functions of Care and Protection Resource Panels

The functions of every Care and Protection Resource panel shall be---

(a)To provide advice to Social Workers, Care and Protection Co-ordinators, and members of the Police on the exercise or performance, by such persons, of the functions, powers, and duties conferred or imposed on them by or under Part II or Part III of this Act:

(b)To receive reports from Care and Protection Co-ordinators on matters relating to the exercise or performance, by such Co-ordinators, of the functions, powers, and duties conferred or imposed on them by or under this Act:

(c)to promote co-ordination of the provision of services by the community to children and young persons in need of care or protection, and to the families and family groups of such children and young persons:

(d)To advise the Director-General on matters relating to the appointment of Care and Protection Co-ordinators.

430Care and Protection Resource Panels may regulate own procedure

Every Care and Protection Resource Panel may regulate its own procedure.

431Annual report

Without limiting the right of a Care and Protection Resource Panel to report at any other time, each Care and Protection Resource Panel shall, within 3 months after the expiration of each year ending with the 31st day of March or such other date as may from time to time be directed by the Director-General, furnish to the Director-General a report on the exercise of that Panel's functions under this Act during that year.

432Fees and allowances

(1)Every Care and Protection Resource Panel is hereby declared to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951.

(2)There may be paid out of funds appropriated by Parliament for the purpose to the members of any Care and Protection Resource Panel remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowance Act 1951, and the provisions of that Act shall apply accordingly.

Youth Courts

433Establishment of Youth Courts

Every District Court shall have a division to be known as a Youth Court.

434Principal Youth Court Judge

(1)The Governor-General shall, from time to time, by warrant, appoint a Principal Youth Court Judge.

(2)Subject to subsection (3) of this section, the person holding office as the Principal Youth Court Judge shall hold that office so long as that person holds office as a District Court Judge.

(3)With the prior approval of the Governor-General, the Principal Youth Court Judge may resign that office but continue in office as a District Court Judge.

435Designation of Youth Court Judges

(1)The Chief District Court Judge shall, from time to time, on the recommendation of the Principal Youth Court Judge, designate a sufficient number of District Court Judges as Young Court Judges, and may, form time to time, revoke any such designation.

(2)For the avoidance of doubt, is hereby declared that a Family Court Judge may be designated as a Youth Court Judge.

(3)A person shall not be designated a Youth Court Judge unless that person is a suitable person to deal with matters within the jurisdiction of a Youth Court by virtue f that person's training, experience, and personality and understanding of the significance and importance of different cultural perspectives and values.

(4)A Family Court Judge shall not be designated as a Youth Court Judge without the concurrence of the Principal Family Court Judge.

436District Court Judge may exercise jurisdiction in absence of Youth Court Judge

(1)In the case of the absence from any Court of any Youth Court Judge (from whatever cause the absence may arise), or in any case where no District Court Judge has been designated as a Youth Court Judge to exercise jurisdiction in a Youth Court, any District Court Judge may exercise jurisdiction in that Court.

(2)The fact that a District Court Judge exercises jurisdiction in a Youth Court under this section shall be conclusive evidence of the authority of that District Court Judge to do so, and no act done by that District Court Judge while acting as such shall, in any proceedings, be questioned on the ground that the occasion for so acting had not arisen or had ceased.

Miscellaneous Provisions Relating to Proceedings Under this Act

437Notice of proceedings and orders to be given to parents or guardians or other persons having care of child or young person

(1)Where any application is made to, or any proceedings are commenced in, any Court under this Act, being an application or proceedings relating to any child or young person, it shall be the duty of the person making the application or commencing the proceedings to give notice of the application or proceedings to a parent or guardian or other person having the care of the child or young person together with a copy of any such application or proceedings.

(2)Every notice given under subsection (1) of this section shall specify---

(a)The nature of the application or proceedings and any orders sought in sufficient detail to enable that parent or guardian or other person to understand both the nature and implications of the application or proceedings; and

(b)The rights or obligations of any parent or guardian or other person to appear at the hearing of the application or proceedings or be represented by a barrister or solicitor.

(3)Where any order is made by a Court on any application made or in any proceedings brought under this Act relating to a child or young person, it is the duty of the Registrar of the Registrar of the Court by which the order was made to give notice of the making of the order to a parent or guardian or other person having the care of the child or young person, and also give that parent or guardian or other person a copy of the order.

(4)Every notice given under subsection (3) of this section shall specify---

(a)The terms of the order made in sufficient detail to enable the parent or guardian or other person to understand both the nature and implications of it; and

(b)Any rights of appeal against the order.

438Restriction on publication of reports proceedings

(1)Subject to subsection (2) of this section, no person shall publish any report of proceedings under this Act except with the leave of the Court that heard the proceedings.

(2)Nothing in subsection (1) of this section applies to the publication of---

(a)Any report in publication that--

(i)Is of a bona fide professional or technical nature; and

(ii)Is intended for circulation among members of the legal, medical, or teaching professions, officers of the Public Service, psychologists, counsellors carrying out duties under this Act or the Family Proceedings Act 1980, or social welfare workers:

(b)Statistical information relating to proceedings under this Act:

(c)The results of any bona fide research relating to proceedings under this Act.

(3)In no case shall it be lawful to publish, in any report of proceedings under this Act,---

(a)The name of any child or young person or the parents or guardians or any person having the care of the child or young person; or

(b)The name of any school that the child or young person is or was attending; or

(c)Any other name or particulars likely to lead to the identification of the child or young person or of any school that the child or young person is or was attending:

(d)In the case of proceedings under Part IV of this Act, the name of any complainant.

(4)Nothing in this section shall be construed to limit---

(a)The provisions of any other enactment relating to the prohibition or regulation of the publication of reports or particulars relating to judicial proceedings; or

(b)The power of any Court to punish any contempt of Court.

(5)Every person who contravenes this section commits an offence against this Act and is liable on summary conviction,---

(a)In the case of an individual, to a fine not exceeding $2,000:

(b)In the case of a body corporate, to a fine not exceeding $10,000.

Cf. 1974, No. 72, s. 24, 1980, No. 94, s. 169; 1982, No. 135, s. 6

439Proceedings not invalid because of mistake as to age

(1)No conviction or order or direction or other process or proceedings or action taken shall be held invalid by reason only that it related to a person who was not a child or young person if there were, at the time of conviction, order, direction process, proceedings, or action, reasonable grounds for believing that that person was a child or young person.

(2)Notwithstanding subsection (1) of this section, on the application of either party a rehearing of an information may be granted under the provisions of section 75 of the Summary Proceedings Act 1957 (as applied by section 321 of this Act) and where the proceedings should have been dealt with in a District Court the proceedings shall be remitted to a District Court to be reheard in that Court.

Cf. 1974, No. 72, s. 44

440Proceedings not to be questioned for want of form

No information, summons, conviction, order, sentence, bond, warrant, or other document under this Act, and no application, proceedings, or process under this Act, shall be quashed, set aside, or held invalid by any Court by reason only of any defect, irregularity, omission or want of form unless the Court is satisfied that there has been a miscarriage of justice.

Cf. 1974, No. 72, s. 45

441Court may determine age of child or young person in absence of evidence

(1)If, in any application or proceedings under this Act, the age of any child or young person is in question, the Court in which the application is made or the proceedings are brought shall, in the absence of sufficient evidence, fix the age of the child or young person, and the age so fixed shall, for the purposes of this Act, be the true age of that child or young person.

(2)Every guardianship order or custody order made pursuant to this Act shall specify the age of the child of young person to whom it relates, and where the age of the child or young person is fixed under subsection (1) of this section, the order shall be endorsed to that effect.

Cf. 1974, No. 72, s. 98

442No Court fees payable

No Court fees of any of the following kinds shall be payable in respect of any proceedings under this Act:

(a)Any fee for the filing of any document:

(b)Any setting down fee:

(c)Any hearing fee.

Cf. 1974, No. 72, s. 99 (5)

443Issue and execution of warrants

Any warrant issued under any provisions of this Act may be issued or executed at any hour of the day or night and may be issued or executed on a Sunday as on any other day.

Cf. 1974, No. 72, s. 101

444Liability of persons providing reports

No person who furnishes a report to any Court of the purposes of any proceedings under this Act or who supplies any information for the purposes of any such report shall be under any civil or criminal liability in respect of the furnishing of that report of the supply of that information unless the report was furnished or the information was supplied in bad faith.

445Witnesses expenses

(1)Where any person is required to give evidence before Family Court or a Youth Court, that person may, if the Court so directs, be paid fees, allowances, and expenses, and the provisions of any regulations in that behalf under the Summary Proceedings Act 1957 and for the time being in force shall apply accordingly.

(2)A Family Court or a Youth Court, as the case may be, shall have the powers of a Court under any such regulations to fix or disallow, in whole or in part, or increase the amounts payable under those regulations.

Cf. 1974, No. 72, s. 102

Search Warrants

445A.Person executing warrant to produce evidence of authority and identity

Every Social Worker, member of the Police, or other person executing any warrant issued under section 39 or section 40 or section 122 or section 157 (2) or section 205 (2) (b) or section 386 of this Act---

(a)Shall have that warrant with him or her; and

(b)Shall produce it on initial entry and, if requested, at any subsequent time; and

(c)Shall identify himself or herself no any person in or on the dwelling house, building, aircraft, ship, carriage, vehicle, premises, or place who questions his or her right to enter or search the same or to take possession of the child or young person; and

(d)If he or she is a member of the Police who is not in uniform, shall produce evidence that he or she is a member of the Police; and

(e)If he or she is a Social Worker, shall produce evidence that he or she is a Social Worker; and

(f)If he or she is a person (not being a Social Worker) authorised by the warrant to take possession of the child or young person, shall produce evidence that he or she is the person so authorised.

Cf. 1968, No. 63, s. 19 (5); 1983 No. 76, s. 2

(inserted by the Children, Young Persons, and Their Families Amendment Act 1996)

445B.Authority to use facsimile copy of warrant

(1)In this section, the term `facsimile copy', in relation to a warrant, means a copy of the warrant that is produced by a facsimile machine, computer, or other electronic device when the warrant is sent by facsimile transmission.

(2)Subject to subsection (3) of this section, where a warrant is issued under section 39 or section 40 or section 122 or section 157 (2) or section 205 (2) (b) or section 386 of this Act, any District Court Judge, Justice, or Registrar (not being a member of the Police) may,---

(a)At the time of issuing the warrant, on the application of the person applying for the warrant; or

(b)At any subsequent time, on the ex parte application of---

(i)The person who applied for the warrant; or

(ii)Any person who is authorised to execute the warrant,---

authorise the use of a facsimile copy of the warrant for the purpose of executing the warrant.

(3)No authorisation may be granted under subsection (2) of this section in relation to a warrant unless the District Court Judge, Justice, or Register is satisfied, having regard to the circumstances of the case, that any delay in executing the warrant that may be caused if a facsimile copy is not able to be used for that purpose would or might unduly prejudice the purpose for which the warrant was issued.

(4)Where a District Court Judge, Justice, or Registrar grants and authorisation under subsection (2) of this section in relation to a warrant, the Judge, Justice, or Registrar, as the case may be, shall endorse on the face of the warrant---

(a)The fact that a facsimile copy of the warrant may be used for the purpose of executing the warrant; and

(b)The date and time at which the authorisation expires, which shall be the close of the third day after the day on which the authorisation is granted,---

and shall sign that endorsement.

(5)A facsimile copy of a warrant in respect of which an authorisation granted under this section is in force shall be treated, for all purposes, as if it were the warrant, and the provisions of this Act (including, without limitation, section 445A and 445C and section 446 (1) (a) of this Act) shall apply accordingly with all necessary modifications.

(6)Without limiting any other enactment or rule of law, it is hereby declared that section 39 of the Police Act 1958 (which relates to the protection of members of the Police for acts pursuant to process) applies in relation to a facsimile copy of a warrant in respect of which an authorisation granted under this section is in force as if that facsimile copy were the warrant.

(inserted by the Children, Young Persons, and Their Families Amendment Act 1996)

445C.Issue and execution of warrants

Any warrant issued under any provision of this Act may be issued or executed at any hour of the day or night and may be issued or executed on a Sunday as on any other day.

Cf. 1974, No. 72, s. 101''

(inserted by Children, Young Persons, and Their Families Amendment Act 1996)

Offences

446Offences

(1)Every person commits and offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $10,000 who---

(a)Knowingly hinders or obstructs any person in the execution of a warrant under section 39 or section 40 or section 122 or section 157 (2) or section 205 or section 386 of this Act, or in the exercise of the power conferred by section 42 (1) or section 105 (2) or section 318 (1) or section 401 (1) (a) or section 409 (1) (a) or this Act (including the power conferred by section 105 (2) of this Act and applied in sections 80, 82 (5), 104 (3) (c), and 106 (2) of this Act);or

(b)Wilfully fails or refuses to afford to any person engaged in the execution of the warrant or the exercise of the power immediate entrance to any premises or any part of any premises; or

(c)Without lawful authority removes from the custody of the Director-General any child or young person who has been placed in the custody of the Director-General pursuant to section 39 or section 40 or section 42 of this Act.

(2)Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who---

(a)Incites or knowingly assists any child or young person to depart without proper authority from any residence under this Act, or from the custody and care of any person who for the time being has been lawfully entrusted under this Act with the custody or care of the child or young person:

(b)Without lawful authority removes any child or young person from any residence under this Act, or from the custody or care of any person as aforesaid:

(c)Harbours or conceals any child or young person who has departed without proper authority or been removed without lawful authority from any residence under this Act, or from the custody or case of any person as aforesaid:

(d)Obstructs any Social Worker or other officer of the Department in obtaining possession of any child or young person for the time being in the care of the Director-General or placed under the guardianship of the Director-General or, in carrying out any order under this Act.

Cf. 1974, No. 72, s. 103

Regulations

447Regulations

The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

(a)Providing for the management and inspection of residences established pursuant to section 364 of this Act:

(b)Defining the rights of children and young persons placed in any residence established pursuant to section 364 of this Act:

(c)Limiting the powers of the staff of any residence established pursuant to section 364 of this Act to punish or discipline the children or young persons placed in the residence:

(d)Providing for the administration, management, and control of any centre that is established to provide for the part-time care, training, or occupation of children or young persons:

(e)Prescribing the amounts payable to---

(i)Any barrister or solicitor appointed under section 159 or section 160 of this Act:

(ii)Any lay advocate appointed under section 163 or section 326 of this Act:

(amended by the Children, Young Persons, and Their Families Amendment Act 1989)

(iii)Any Youth Advocate appointed under section 323 of this Act:

(f)Prescribing forms of applications licences, notices, or other documents for the purposes of this Acts, or authorising the Director-General to prescribe or approve forms, and requiring the use of such forms:

(g)Conferring rights of review of any decision or determination made or any requirements conditions imposed under regulations made pursuant to this section:

(h)Providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.

Cf. 1974, No. 72, s. 105; 1983, No. 129, s. 15

448Rules of procedure

The Governor-General may from time to time, by Order in Council, make rules regulating the practice and procedure of Courts in proceedings under this Act.

Part XI:Amendments to Other Enactments, Repels, Savings, and Transitional Provisions

Amendments to Other Enactments

449Consequential amendments

The enactments specified in the Second Schedule to this Act are hereby consequentially amended in the manner indicated in that Schedule.

450Adoption Act 1955 amended

(1)Section 6 of the Adoption Act 1955 is hereby amended by repealing subsection (4), and substituting the following subsection:

"(4)This section shall not apply in any case where---

"(a)The child is in the home pursuant to any provision of the Children, Young Persons, and Their Families Act 1989 or to an order made pursuant to that Act; or

"(b)The child is in the home pursuant to an order made pursuant to the Guardianship Act 1968; or

"(c)The child is in the home of one of the child's parents and a step-parent of the child; or

"(d)The child is in the home of a relative of the child (not being a relative who, in the absence of special circumstances, is prohibited, by reason of age or sex, from adopting the child).''

(2)Notwithstanding anything in subsection (1) of this section, where, immediately before the commencement of this section, any person has a child in that person's home for care under a licence or warrant of exemption granted under section 73 of the Children and Young Persons Act 1974, nothing in section 6 of the Adoption Act 1955 shall apply, during the period of 6 months beginning on the date of the commencement of this section, to the keeping of that child by that person.

451Department of Social Welfare Act 1971 consequentially amended

(1)Section 4 (1) of the Department of Social Welfare Act 1971 is hereby amended by repealing paragraph (a), and substituting the following paragraph:

"(a)This Part of this Act, and the Children, Young Persons, and Their Families Act 1989, under the control of the Minister:''.

(2)Section 71 (1) of the Department of Social Welfare Act 1971 (as inserted by section 31 of the Social Security Amendment Act 1987) is hereby amended by omitting from paragraph (e) the words ''institution management committees'', and substituting the words "residence management committees''.

(3)The Department of Social Welfare Act 1971 is hereby amended by repealing sections 7M and 7N (as inserted by section 31 of the Social Security Amendment Act 1987 and amended by section 87 of the State Sector Act 1988), and substituting the following sections:

"7M.Residence management committees---

(1)There shall be a management committee for every residence established by the Director-General pursuant to section 364 of the Children, Young Persons, and Their Families Act 1989 (being a residence established for any of the purposes specified in paragraph (a) or paragraph (b) or paragraph (d) of subsection (2) of that section) consisting of---

"(a)A member appointed by the Minister on the recommendation of the Director-General:

"(b)A member appointed by the Minister on the recommendation of the Secretary for Maori Affairs:

"(c)Not less than 3 nor more than 7 members appointed by the Minister after consultation with---

"(i)The Minister of Maori Affairs and iwi; and

"(ii)Relevant community organisations designated for the purpose by the Minister.

"(2)The Principal of the residence served by the committee or, as the case may be, the Principals of the residences served by the same committee, shall be ex officio members of the committee and may take part in its deliberations but shall not have a vote on any matter decided by resolution of the committee.

"(3)The Minister shall determine the number of residence management committees and may determine that one committee serve 2 or more residences.

"(4)The provisions of sections 7B, 7C, 7E, 7F, 7G, 7H, and 7J of this Act, with the necessary modifications, shall apply to and in respect of every residence management committee and its members:

"Provided that, before appointing any deputy under section 7E (2) of this Act (as applied by this subsection), the Minister shall consult with the persons specified in subsection (1) (c) of this section:

"Provided also that at any meeting of a residence management committee the quorum shall be half the members if the total membership is even and a majority of the members if the total membership is odd.

"(5)Each residence management committee shall from time to time appoint one of its members, not being a public servant, to be the presiding member of the committee, who shall hold office during the pleasure of the committee.

"(6)In the absence from any meeting of the presiding member, the members present shall appoint one of their number to be the presiding member for that meeting.

"7N.Functions of residence management committees---

Each residence management committee shall have the following functions:

"(a)Generally under the direction of the Commission---

"(i)To direct the policy under which the residence is administered by the Principal and the staff:

"(ii)To prepare budgets for the operation of the residence or residences served by the committee for the approval of the Commission, and to allocate physical resources and personnel within those budgets to the extent they are approved:

"(iii)To make recommendations to the Director-General on the appointment of staff for the residence or residences served by the committee:

"(iv)To oversee the programmes used by the residence or residences served by the committee to ensure that they meet the social and cultural needs of the children and young persons in the residence:

"(b)To appoint employees of the Department in accordance with such delegations as may from time to time be given to the committee by the Director-General:

"(c)To recommend to the Commission and the Director-General how best to divert children and young persons from residences into, appropriate care and control in the community''

(4)Every institution management committee established under the former section 7M of the Department of Social Welfare Act 1971 (as repealed by subsection (3), of this section) and in being immediately before the commencement of this section shall be deemed to have been established under the new section 7M of that Act (as substituted by subsection (3) of this section), and every person who, immediately before the commencement of this section, held office as a member of any such committee, or as the deputy of a member of any such committee, shall be deemed---

(a)In the case of a member of any such committee, to have been appointed under the new section 7M of that Act (as so substituted):

(b)In the case of the deputy of any such member, to have been appointed under section 7E of that Act (as applied by subsection (4) of the new section 7M of that Act (as so substituted)) as the deputy of that member.

452Local Government Act 1974 consequentially amended

(1)The Local Government Act 1974 is hereby consequentially amended by repealing paragraphs (h) and (i) of the definition of "residential institution'' in section 636 (1) (as enacted by section 2 of the Local Government Amendment Act 1979 and amended by section 36 of the Local Government Amendment Act 1985), and substituting the following paragraph:

"(i)Any child care centre required to be licensed by regulations made, or deemed to be made, under section 70D of the Education Act 1964:''

(2)Notwithstanding anything in subsection (1) of this section, paragraph (h) of the definition of ''residential institution'' in section 636 (1) of the Local Government Act 1974 shall continue to apply, as if this Act had not been passed, in respect of any home to which section 467 of this Act applies until the registration of that home under Part IX of the Children and Young Persons Act 1974 expires under section 467 of this Act.

453Summary Offences Act 1981 amended

The Summary Offences Act 1981 is hereby amended by inserting, after section 10, the following sections:

"10A.Ill-treatment or wilful neglect of child -Every person is liable to imprisonment for a term not exceeding 6 months or to a fine not exceeding $2,000 who,---

(a)Being a paid or unpaid staff member of a residence under the Children, Young Persons, and Their Families Act 1989, ill-treats or wilfully neglects any child under the age of 17 years who resides in that residence; or

(b)Being a person to whom the care or custody of a child under the age of 17 years has been lawfully entrusted, ill-treats or wilfully neglects that child.''

Cf. 1974, No. 72, s. 103 (1)

"10B.Leaving child without reasonable supervision and care -Every person is liable to a fine not exceeding $1,000 who, being a parent or guardian or a person for the time being having the care of a child under the age of 14 years, leaves that child, without making reasonable provision for the supervision and care of the child, for a time that is unreasonable or under conditions that are unreasonable having regard to all the circumstances.''

Cf. 1974, No. 72, s. 9

454Criminal Justice Act 1985 amended

(1)The Criminal Justice Act 1985 is hereby amended by inserting, after section 139, the following section:

"139A.Protection of identity of children called as witnesses in criminal proceedings---

"(1)Subject to subsection (2) of this section, no person shall publish, in any report of any criminal proceedings in any Court, the name of any person under the age of 17 years who is called as a witness in those proceedings or any particulars likely to lead to the identification of that person.

"(2)Nothing in subsection (1) of this section prevents the publication of the name of the defendant or the nature of the charge.

"(3)Every person who acts in contravention of subsection (1) of the section commits an offence and is liable on summary conviction,---

"(a)In the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000:

"(b)In the case of a body corporate, to a fine not exceeding $5,000.''

Cf. 1974, No. 72, s. 97

(2)The Criminal Justice Act 1985 is hereby amended by inserting, after section 142, the following section:

"142A.Detention of children or young persons serving sentence of imprisonment---

"(1)Notwithstanding anything in the Penal Institutions Act 1954, any child or young person who is serving a sentence of imprisonment may be detained under that sentence not only in accordance with the Penal Institutions Act 1954 but also in any residence for the time being approved by the Director-General of Social Welfare and the Secretary.

"(2)The provisions of the Penal Institutions Act 1954 and this Act shall continue to apply, with such modifications as are necessary, to any such child or young person who is detained for the time being in any such residence.

"(3)For the purposes of this section the terms 'child', 'young person', and 'residence' have the same meanings as they have in the Children, Young Persons, and Their Families Act 1989.''

Cf. 1974, No. 72, s. 103A; 1977, No. 126, s. 18

455Child Care Regulations 1985 consequentially amended

(1)Regulation 2 of the Child Care Regulations 1985 (S.R. 1985/48) (as amended by section 2 (3) of the Education Amendment Act 1986) is hereby amended by revoking paragraphs (a) and Amendments of the definition of the term other institution'', and substituting the following paragraph:

"(a)A residence within the meaning of section 2 (1) of the Children, Young Persons, and Their Families Act 1989:''.

(2)The amendment, by subsection (1) of this section, of the Child Care Regulations 1985 shall be without prejudice to any power of amending or revoking those regulations.

Repeals and Savings

456Repeals and savings

(1)The enactments specified in the Third Schedule to this Act are hereby repealed.

(2)The repeal of the Children and Young Persons Amendment Act 1982 by subsection (1) of this section shall not affect the amendment made by section 20 of that Act to the Department of Social Welfare Act 1971.

Transitional Provisions

457Complaints

(1)This section applies to every complaint that has been made under section 27 of the Children and Young Persons Act 1974 and is pending at the commencement of this Act.

(2)Where the hearing of a complaint to which this section applies has not commenced, the following provisions shall apply:

(a)Except where paragraph (b) of this subsection applies, the complaint shall be heard and determined under this Act by a Family Court as if---

(i)The complaint were an application for a declaration under section 67 of this Act that the child or young person to whom the complaint relates is in need of care or protection; and

(ii)The complaint had been made on whichever ground specified in section 14 (1) of this Act is analogous to the ground on which the complaint was made, except to the extent that the complaint was made on the ground specified in section 27 (2) (h) of the Children and Young Persons Act 1974:

(b)Where the complaint is made solely on the ground specified in section 27 (2), (h) of the Children and Young Persons Act 1974,---

(i)The complaint shall be deemed to have been stayed on the date of the commencement of this Act; and

(ii)Any direction made under section 7 (6) Amendments of that Act, and any order made under section 43 (6) of that Act, that the child or young person be held in custody pending the hearing or disposal of the complaint shall be deemed to have been cancelled on that date:

(c)Nothing in section 70 or section 200 of this Act applies in respect of any complaint to which paragraph (a) of this subsection applies:

(d)Where paragraph (a) of this subsection applies in respect of any complaint, the Registrar of the Children and Young Persons Court in which the complaint was filed shall forthwith forward all papers relating to the proceedings to the Registrar of the nearest Family Court.

(3)Where the hearing of a complaint to which this section applies has commenced, the complaint shall be continued and heard as if this Act had not been passed, but if the Children and Young Persons Court finds, or has found, the grounds of the complaint proved, it shall deal with the matter under Part II of this Act.

(4)Where any complaint to which this section applies is required, by subsection (3) of this section, to be dealt with under Part II of this Act, the following provisions shall apply:

(a)The complaint shall be dealt with as if the Court had made a declaration under section 67 of this Act that the child or young person to whom the complaint relates is in need of care or protection, and the provisions of this Act, including Part VI, shall apply accordingly with all necessary modifications:

(b)For the purposes of dealing with the complaint, the Children and Young Persons Court shall have all the powers that a Family Court Judge would have if that complaint were an application for a declaration under section 67 of this Act.

458Informations

(1)This section applies where an information has been laid before the commencement of this Act charging any child or young person with an offence and that charge is pending at the commencement of this Act.

(2)Where this section applies, and the hearing or, as the case requires, the preliminary hearing of the charge has not commenced, the following provisions shall apply;

(a)The hearing or, as the case requires, the preliminary hearing of the charge shall take place before a Youth Court as if the information had been laid in a Youth Court, and, subject to subsection (4) of this section, the provisions of this Act, including Part VI, shall apply accordingly:

(b)The Registrar of the Children and Young Persons Court in which the information was filed shall forthwith forward all papers relating to the proceedings to the Registrar of the nearest Youth Court.

(3)Where this section applies, and the hearing or, as the case requires, the preliminary hearing of the charge has commenced, the following provisions shall apply:

(a)The charge shall be heard and determined as if this Act had not been passed:

(b)Subject to subsection (4) of this section, if the charge is proved before a Children and Young Persons Court,---

(i)The young person shall be dealt with under this Act; and

(ii)The Children and Young Persons Court dealing with that young person shall have all the powers that a Youth Court Judge would have---

as if the charge had been proven before a Youth Court, and the provisions of this Act, including Part VI, shall apply accordingly with all necessary modifications.

(4)Nothing in subsection (2) or subsection (3) of this section empowers a Children and Young Persons Court or a Youth Court, on finding a charge against a young person proved, to make any order in the nature of a penalty that the Court could not have made against that young person at the time of the commission of the offence, except with the consent of the young person.

(5)Where a Children and Young Persons Court or a Youth Court is precluded, by virtue of subsection (4) of this section, from making in respect of a young person any order that it considers appropriate, the Court may make any order under the Children and Young Persons Act 1974 that could have been made if a charge against that young person had been proved under that Act before a Children and Young Persons Court.

459Guardianship orders

(1)This section applies to---

(a)Every order made under section 31 (1) (d) (i) of the Children and Young Persons Act 1974 and in force immediately before the commencement of this Act:

(b)Every order made under section 36 (1) (i) (i) of the Children and Young Persons Act 1974 and in force immediately before the commencement of this Act:

(c)Every order made under section 36 (1) (i) (i) of the Children and Young Persons Act 1974 after the commencement of this Act pursuant to section 458 (5) of this Act.

(2)Every order to which this section applies shall be deemed---

(a)To be an order made under section 110 of this Act appointing the Director-General to be the sole guardian of the child or young person in respect of whom the order is made; and

(b)Except in the case of an order to which subsection (1) (c) of this section applies, to have been made under section110 of this Act on the commencement of this Act,---

and, subject to subsection (3) of this section, the provisions of this Act shall apply accordingly with all necessary modifications.'
(amended by the Children, Young Persons, and Their Families Amendment Act 1989)

(3)Subject to sections 117 and 127 of this Act,---

(a)Every order to which subsection (1) (a) of this section applies shall, subject to section 460 (3) of this Act, expire on the expiry of the period of 12 months commencing on the date of the commencement of this Act:

(b)Every order to which subsection (1) (b) of this section applies shall expire on the expiry of the period of 6 months commencing on the date of the commencement of this Act:

(c)Every order to which subsection (1) (c) of this section applies shall expire on the expiry of the period of 6 months commencing on the date on which the order is made.

460Plans and reports to be furnished to Court in respect of orders deemed to be guardianship orders under this Act

(1)The Director-General shall, not later than the expiry of the period of 12 months commencing on the date of the commencement of this Act, in respect of every order to which section 459 (1) (a) of this Act applies, furnish to the Family Court nearest to the place where the child or young person in respect of whom the order was made resides,---

(a)A copy of any plan prepared by the Department, in relation to the child or young person in respect of whom the order was made, at any time after the order was made and before the commencement of this Act; and

(d)A plan prepared in accordance with section 128 of this Act by a Social Worker as if the Court were proposing to make an order under section 110 of this Act in respect of that child or young person; and

(c)A report stating, in respect of---

(i)Any plan to which paragraph (a) of this subsection applies; and

(ii)The plan to which paragraph (b) of this subsection applies; and

(iii)The order to which section 459 (1) (a) of this Act applies,---

the matters specified in section 135 (3) of this Act, so far as those matters are applicable, in the circumstances of the particular case, to that plan or order.

(2)Sections 132 and 133 of this Act shall apply, with such modifications as may be necessary, with respect to every plan, and every report, furnished to a Family Court pursuant to subsection (1) of this section, as if those plans and reports were revised plans and reports furnished to the Court pursuant to section 135 of this Act.

(3)Where, in respect of any order to which section 459 (1) (a) of this Act applies, the requirements of subsection (1) of this section are complied with within the period specified in that subsection, that order shall not expire pursuant to section 459 (3) (a) of this Act, but, subject to sections 117 and 127 of this Act, shall continue in force until the Court has completed a review of that order in accordance with section 461 of this Act.

461Review of orders deemed to be guardianship orders under this Act

Where, in respect of any order to which section 459 (1) (a) of this Act applies, the requirements of section 460 (1) of this Act are complied with, the Family Court to which the relevant plans and report were furnished shall consider that report, and the plan prepared pursuant to section 460 (1) (b) of this Act, as if that report and that plan were a report and a revised plan furnished to the Court pursuant to section 135 of this Act, and the provisions of sections 137 and 138 of this Act shall apply accordingly, with all necessary modifications.

462Applications for review of guardianship orders

(1)This section applies to every application that has been made under section 64 of the Children and Young Persons Act 1974 and is pending at the commencement of this Act.

(2)Where the hearing of an application to which this section applies has not commenced, the following provisions shall apply:

(a)The application shall be heard and determined under this Act by a Family Court as if the application were an application under section 125 of this Act for the discharge of the order to which the application relates:

(b)The Registrar of the Children and Young Persons Court in which the application was filed shall forthwith forward all papers relating to the proceedings to the Registrar of the nearest Family Court.

(3)Where the hearing of an application to which this section applies has commenced, the application shall be continued and heard as if this Act had not been passed, but if the Children and Young Persons Court, on hearing the application, considers that the application should be granted, the following provisions shall apply:

(a)The Court shall determine the application as if it were an application under section 125 of this Act for the discharge of guardianship order made under section 110 of this Act, and the provisions of this Act, including Part VI, shall apply accordingly with all necessary modifications:

(b)For the purposes of determining the application, the Children and Young Persons Court shall have all the powers that a Family Court Judge would have if that application were such an application.

463Supervision orders

(1)Every order made under section 31 (1) (d) (ii) of the Children and Young Persons Act 1974 and in force immediately before the commencement of this Act shall be deemed to be an order made under section 91 of this Act.

(2)Every order made under section 36 (1) (i) (ii) of the Children and Young Persons Act 1974 and in force immediately before the commencement of this Act shall be deemed to be an order made under section 283 (k) of this Act and to have been made under that section on the commencement of this Act.

(3)Every condition imposed, pursuant to section 47 of the Children and Young Persons Act 1974, by a Children and Young Persons Court in respect of any order to which subsection (1) or subsection (2) of this section applies shall be deemed to have been imposed in respect of that order---

(a)In the case of an order to which subsection (1) of this section applies, pursuant to section 96 of this Act:

(b)In the case of an order to which subsection (2) of this section applies, pursuant to section 306 of this Act.

(4)Where, pursuant to section 45A of the Children and Young Persons Act 1974, the Director-General has appointed any person (other than a Social Worker), or any organisation, to supervise, on behalf of the Director-General, any child or young person in respect of whom an order to which subsection (1) or subsection (2) of this section applies has been made, and that appointment is in force on the commencement of this Act, that person or, as the case may require, that organisation shall, subject to subsection (5) of this section, be deemed---

(a)In the case of an order to which subsection (1) of this section applies, to have been directed, pursuant to section 91 of this Act, to provide support to the child or young person in respect of whom the order was made:

(b)In the case of an order to which subsection (2) of this section applies, to be the person or organisation required, for the purposes of section 283 (k) of this Act, to supervise the young person in respect of whom the order was made.

(5)The Director-General shall be deemed, in respect of an order to which subsection (1) or subsection (2) of this section applies, to be required to supervise the child or young person in respect of whom the order was made or, as the case requires, to have been directed to provide support pursuant to that order in any case where the Director-General so directs in writing.

(6)Every order to which subsection (1) or subsection (2) of this section applies shall, unless it is sooner discharged or cancelled under this Act, expire---

(a)On the date on which the order would have expired if this Act had not been passed; or

(b)On the expiry of the period of 6 months commencing on the date of the commencement of this Act---whichever first occurs.

(7)Nothing in subsection (6) (b) of this section applies in respect of any order to which subsection (1) of this section applies if that order was made in respect of a complaint made on any of the grounds set out in any of paragraphs (a) to (e) of section 27 (2) of the Children and Young Persons Act 1974.

464Applications for review of supervision orders

(1)This section applies to every application that has been made under section 65 of the Children and Young Persons Act 1974 and is pending at the commencement of this Act.

(2)Where the hearing of an application to which this section applies has not commenced, the following provisions shall apply:

(a)The application shall be heard and determined under this Act---

(i)Where the application relates to an order made under section 31 (1) (d) (ii) of the Children and Young Persons Act 1974, by a Family Court as if the application were an application under section 125 of this Act for the discharge of a support order made under section 91 of this Act; or

(ii)Where the application relates to an order made under section 36 (1) (i) (ii) of the Children and Young Persons Act 1974, by a Youth Court as if the application were an application under section 310 of this Act for the discharge of an order made under section 283 (k) of this Act:

(b)The Registrar of the Children and Young Persons Court in which the application was filed shall forthwith forward all papers relating to the proceedings to the Registrar of the nearest Family Court or, as the case may require, the nearest Youth Court.

(3)Where the hearing of an application to which this section applies has commenced, the application shall be continued and heard as if this Act had not been passed, but if the Children and Young Persons Court, on hearing the application, considers that the application should be granted, the following provisions shall apply:

(a)The Court shall determine the application---

(i)Where the application relates to an order made under section 31 (1) (d) (ii) of the Children and Young Persons Act 1974, as if the application were an application under section 125 of this Act for the discharge of a support order made under section 91 of this Act; or

(ii)Where the application relates to an order made under section 36 (1) (i) (ii) of the Children and Young Persons Act 1974, as if the application were an application under section 310 of this Act for the discharge of an order made under section 283 (k) of this Act,---

and the provisions of this Act, including Part VI, shall apply accordingly with all necessary modifications:

(b)For the purposes of determining the application, the Children and Young Persons Court shall have all the powers that a Family Court Judge or, as the case requires, a Youth Court Judge would have if that application were such an application

465Complaints for failure to observe conditions of supervision order

(1)This section applies to every complaint under section 48 of the Children and Young Persons Act 1974 that is pending at the commencement of this Act.

(2)Where the hearing of a complaint to which this section applies has not commenced, the following provisions shall apply:

(a)The complaint shall be heard and determined under this Act---

(i)Where the complaint relates to an order made under section 31 (1) (d) (ii) of the Children and Young Persons Act 1974, by a Family Court as if the complaint were an application under section 100 of this Act for a declaration that the person to whom the complaint relates has failed to comply with a condition of a support order made under section 91 of this Act; or

(ii)Where the complaint relates to an order made under section 36 (1) (i) (ii) of the Children and Young Persons Act 1974, by a Youth Court as if the complaint were an application under section 309 of this Act for a declaration that the young person to whom the complaint relates has failed to comply with a condition of an order made under section 283 (k) of this Act:

(b)The Registrar of the Children and Young Persons Court in which the complaint was filed shall forthwith forward all papers relating to the proceedings to the Registrar of the nearest Family Court or, as the case may require, the nearest Youth Court.

(3)Where the hearing of a complaint to which this section applies has commenced, the complaint shall be continued and heard as if this Act had not been passed, but if the Children and Young Persons Court finds that any condition of the order to which the complaint relates has not been observed, the following provisions shall apply:

(a)The Court shall determine the complaint---

(i)Where the complaint relates to an order made under section 31 (1) (d) (ii) of the Children and Young Persons Act 1974, as if the complaint were an application under section 100 of this Act for a declaration that the person to whom the complaint relates has failed to comply with a condition of a support order made under section 91 of this Act; or

(ii)Where the complaint relates to an order made under section 36 (1) (i) (ii) of the Children and Young Persons Act 1974, as if the complaint were an application under section 309 of this Act for a declaration that the young person to whom the complaint relates has failed to comply with a condition of an order made under section 283 (k) of this Act,---

and the provisions of this Act, including Part VI, shall apply accordingly with all necessary modifications:

(b)For the purposes of determining the application, the Children and Young Persons Court shall have all the powers that a Family Court Judge or, as the case requires, a Youth Court Judge would have if that complaint were such an application.

466Agreements for control of child or young person by the Director-General

Every agreement made under section 11 of the Children and Young Persons Act 1974 and in force immediately before the commencement of this Act---

(a)Subject to paragraph (b) of this section, shall continue in force, after the commencement of this Act, as if this Act had not been passed:

(b)Shall expire---

(i)On the date when the term of the agreement expires; or

(ii)When the agreement is terminated by notice by either party to the agreement; or

(iii)On the expiry of the period of 6 months commencing on the date of the commencement of this Act---whichever first occurs:

(c)While the agreement continues in force in accordance with this section, shall, notwithstanding anything in section 11 (3) of the Children and Young Persons Act 1974, be deemed to confer on the Director-General, in respect of the child or young person to whom the agreement relates, all the powers that the Director-General would have if the child or young person had been placed in the custody of the Director-General pursuant to an order made under section 101 of this Act.

467Homes registered or deemed to be registered under Part IX of Children and Young Persons Act 1974

(1)This section applies to---

(a)Every home that, immediately before the commencement of this Act, was registered, or deemed by section 23 of the Disabled Persons Community Welfare Act 1975 to be registered, under Part IX of the Children and Young Persons Act 1974:

(b)Every system of foster care that, immediately before the commencement of this Act was recognised by the Director-General pursuant to section 86 (4) of the Children and Young Persons Act 1974.

(2)Notwithstanding anything in section 456 of this Act,---

(a)Part IX of the Children and Young Persons Act 1974 (other than sections 87, 94, and 95 of that Act) shall continue to apply in respect of---

(i)Every home to which this section applies; and

(ii)Every system of foster care to which this section applies---

as if this Act had not been passed; and

(b)The registration or deemed registration, under that Act, of every such home shall, unless it is sooner cancelled or suspended, continue in force as if this Act had not been passed; and

(c)The recognition of a system of foster care to which this section applies shall, unless it is sooner revoked, continue in force as if this Act had not been passed---

until the expiry of the period of 6 months commencing on the date of the commencement of this Act.

(3)Notwithstanding anything in subsection (2) of this section, where, before the expiry of the period referred to in that subsection, the controlling authority of a home to which this section applies makes an application under section 396 (3) of this Act for approval as a Child and Family Support Service, subsection (2) (a) and (b) of this section shall continue to apply to that home until that application is determined by the Director-General.

468Agreements for assumption of care of child or young person by manager of home or recognised system of foster care

(1)This section applies to every agreement under section 94 of the Children and Young Persons Act 1974 that is in force immediately before the commencement of this Act.

(2)Every agreement to which this section applies shall continue in force as if this Act had not been passed, but shall expire---

(a)In the case of an agreement with the manager of a recognised system of foster care,---

(i)On the date when the term of the agreement expires; or

(ii)When the agreement is terminated by either party to the agreement; or

(iii)On the expiry of the period of 6 months commencing on the date of the commencement of this Act---whichever first occurs:

(b)In the case of an agreement with the manager of a home that is deemed, by section 23 of the Disabled Persons Community Welfare Act 1975, to be registered under Part IX of the Children and Young Persons Act 1974 and to which section 467 of this Act applies,---

(i)On the date when the term of the agreement expires; or

(ii)When the agreement is terminated by either party to the agreement; or

(iii)On the expiry of the period of 12 months commencing on the date of the commencement of this Act; or

(iv)When the registration of that home is cancelled or suspended---whichever first occurs:

(c)In the case of an agreement with the manager of any other home to which section 467 of this Act applies,---

(i)On the date when the term of the agreement expires; or

(ii)When the agreement is terminated by either party to the agreement; or

(iii)On the expiry of the period of 12 months commencing on the date of the commencement of this Act; or

(iv)When the registration of that home is cancelled or suspended; or

(v)When the registration of that home expires under section 467 of this Act---

whichever first occurs.

(3)Notwithstanding anything in section 456 of this Act, sections 94 and 95 of the Children and Young Persons Act 1974 shall continue to apply in respect of any agreement to which this section applies while that agreement continues in force pursuant to this section, except that---

(a)Subsection (3) of section 94 of that Act shall be read as if the references in that subsection to a Children and Young Persons Court were references to a Family Court; and

(b)Nothing in section 94 (5) of that Act shall apply in respect of any such agreement.

(4)Any complaint that has been made under section 94 (5) of the Children and Young Persons Act 1974 and that is pending at the commencement of this Act shall be deemed to have been stayed on the date of the commencement of this Act.

469Administration of property by Public Trustee

(1)Where, immediately before the commencement of this Act, the Public Trustee is in possession of the property of any child or young person pursuant to section 52 of the Children and Young Persons Act 1974, on the commencement of this Act---

(a)That child or young person shall be deemed to be a person subject to a property order under the Protection of Personal and Property Rights Act 1988; and

(b)The Public Trustee shall be deemed to be a manager appointed under that Act in respect of that child or young person.

(2)Where the Public Trustee is deemed, by subsection (1) of this section, to be a manager appointed under the Protection of Personal and Property Rights Act 1988, the following provisions shall apply:

(a)The Public Trustee shall, within 12 months after the commencement of this Act, apply to a Court in accordance with section 87 of that Act for a review of the original decision of the Public Trustee to take possession of the property of the child or young person, and that section shall apply, with any necessary modifications, as if that decision were a property order made under that Act:

(b)Nothing in section 45 (2) (a) of that Act shall apply to the Public Trustee in any case where the Public Trustee is deemed to be so appointed:

(c)The Public Trustee shall be deemed, for the purposes of section 45 (2) (b) of that Act, to have been so appointed on the commencement of this Act.

SCHEDULES

FIRST SCHEDULE
Provisions Applied to Youth Courts and to Proceedings in Such Courts

1.The District Courts Act 1947, except that---

(a)Where any provisions of this Act conflict with any of the provisions of the District Courts Act 1947, the provisions of this Act shall prevail:

(b)Nothing in section 9 or section 22 of the District Courts Act 1947 shall apply in respect of Youth Court Judges or the business of Youth Courts.

2.Part II of the Summary Proceedings Act 1957, except that---

(a)Informations against young persons shall continue to be filed in District Courts notwithstanding that they may be heard and determined in Youth Courts:

(b)Sections 21 and 31 (1A) shall not apply:

(c)Unless a District Court Judge otherwise orders, charges which are against young persons and which are within the jurisdiction of the Youth Court shall be heard and determined in the Youth Court that is a division of the District Court in which the information is filed:

(d)A Justice shall not exercise any of the powers conferred by sections 34 (2) and 53:

(e)The provisions of section 49 shall apply as if there were inserted in that section, as subsections (1A) and (1B), the following subsections:

"(1A)Notwithstanding anything in subsection (1) of this section, where the hearing is adjourned for the purpose of enabling a family group conference to be held under the provisions of the Children, Young Persons, and Their Families Act 1989, the defendant shall be excused from attending at the time and place to which the hearing is adjourned if, before that time, the Youth Justice Co-ordinator convening that conference notifies the Court, in writing, that the proceedings of that family group conference will not be completed by that time.

"(1B)Where, pursuant to subsection (1A) of this section, the defendant is excused from attending any hearing, and the Court adjourns that hearing, the Registrar shall notify the defendant of the time and place to which the hearing is adjourned.'':

(f)Sections 41, 44, 67 (2), 68 (1), 68 (4), and 71 shall not apply:

(g)Sections 75 to 77 shall apply as if the proving of a charge were a conviction.

SECOND SCHEDULE
Enactments, Amended

 

Enactment	Amendment
1947, No. 16---The District Courts Act 1947 (R.S. Vol. 5, P. 1)	By repealing subsection (2) of section 10A (as inserted by section 4 of the District Courts Amendment Act 1974), and substituting the following subsection:
	"(2) Notwithstanding the provisions of section 435 of the Children, Young Persons, and Their Families Act 1989, any person so appointed may at the same time or at any subsequent time during the term of that person's appointment be designated as a Youth Court Judge, and any such designation shall take effect during any period when and in any place where pursuant to subsection (4) of this section that person is entitled to act as a Judge.''
1954, No. 62---The Offenders Legal Aid Act 1954 (R.S. Vol. 10, p. 13)	By inserting in section 2, after subsection (1), the following subsection:
	"(1A) Notwithstanding anything in subsection (1) of this section, legal aid may not be granted under this Act to any child or young person (as those terms are defined in section 2 (1) of the Children, Young Persons, and Their Families Act 1989) in respect of any proceedings against that child or young person for any offence if those proceedings are heard in a Youth Court.''
1957, No. 87---The Summary Proceedings Act 1957 (R.S. Vol. 9, p. 83)	By repealing paragraph (e) of section 8 (1), and substituting the following paragraph:
	"(e) The jurisdiction and powers of any Youth Court established under section 433 of the Children, Young Persons, and Their Families Act 1989:''.
	By repealing subsection (13) of section 20A (as inserted by section 7 (1) of the Summary Proceedings Amendment Act 1973). and substituting the following subsection:
	"(13) This section shall not apply where the defendant, or, where 2 or more persons are jointly charged, at least one of the defendants, is under the age of 17 years, unless the charge is for a traffic offence (as defined in section 2 (1) of the Children, Young Persons, and Their Families Act 1989) which is not punishable by imprisonment.''
	By repealing section 205, and substituting the following section:
	"205. Proceedings not invalid because defendant should have been dealt with in Youth Court---(1) No conviction or order or other process or proceeding shall be held invalid by reason only that at the time the defendant was convicted the defendant should by reason of his or her age have been dealt with in a Youth Court.
	"(2) Where subsection (1) of this section applies, on the application of either party a rehearing of the information may be granted under section 75 of this Act, and, if at the time appointed for the rehearing the defendant is still a child or young person within the meaning of the Children, Young Persons, and Their Families Act 1989, the Court shall remit the proceedings to a Youth Court to be reheard in that Court.''
	By repealing section 209, and substituting the following section:
	"209. Act not to-apply to Youth Court unless provided---Except as expressly provided in the Children, Young Persons, and Their Families Act 1989, nothing in this Act shall apply to proceedings in any Youth Court.''
1964, No. 135---The Education Act 1964 (Reprinted 1975, Vol. 3, p. 1699)	By repealing paragraphs (a) and (b) of the definition of ''other institution'' in section 70D (1) (as inserted by section 2 (1) of the Education Amendment Act 1986), and substituting the following paragraph:
	"(a) A residence within the meaning of section 2 (1) of the Children, Young Persons, and Their Families Act 1989:''.
1964, No. 136---The Social Security Act 1964 (R.S. Vol. 13, p. 403)	By omitting from paragraph (d) of section 28 (1) (as substituted by section 11 (1) of the Social Security Amendment Act (No. 2) 1988) the words ''the Children and Young Persons Act 1974 or''.
1968, No. 63---The Guardianship Act 1968 (R.S. Vol. 9, p. 147)	By omitting from section 17 (4) the words ''Child Welfare Act 1,925'', and substituting the words ''Children, Young Persons, And Their Families Act 1989''.
	By repealing section 34, and substituting the following section:
	"34. Other Acts not affected---Except As expressly provided in this Act, nothing in this Act shall limit, or affect the provisions of the Children, Young Persons, and Their Families Act 1989 or of the Family Proceedings Act 1980.''
1969, No. 47---The Legal Aid Act 1969 (Reprinted 1975, Vol. 3, p. 2111)	By repealing section 15 (1) (b) (as substituted by section 106 of the Children and Young Persons Act 1974), and substituting the following paragraph:
	"(b) All proceedings under the Children, Young Persons, and Their Families Act 1985, being---
	"(i) Proceedings commenced by way of application in a Family Court under Part II or Part III of that Act or on appeal from the determination of, or any order made in, a Family Court in any such proceedings, or in respect of any such order; or
	"(ii) Proceedings commenced by way of application in a Family Court or a Youth Court under Part VII of that Act or in respect of any review of any determination of, or any order made in, a Family Court or a Youth Court in any such proceedings:''
1975, No. 9---The Ombudsmen Act 1975 (R.S. Vol. 21, p. 657)	By inserting in Part II of the First Schedule, after the item relating to the Children's Health Camps Board, the following item:
	"The Commissioner for Children''.
1976, No. 19---The Wanganui Computer Centre Act 1976	By inserting in section 27 (6), after the words "section 35 of the Children and Young Persons Act 1974'', the words '.'or section 282 of the Children, Young Persons, and Their Families Act 1989''.
	By inserting in the second column of the Schedule, in relation to case monitoring, after the words ''Children and Young Persons Court'', the words ''or a Youth Court''.
	By inserting in the second column of the Schedule, in relation to details of hearings, after the words ''section 35 of the Children and Young Persons Act 1974, the words ''or section 282 of the Children, Young Persons, and Their Families Act 1989''.
	By inserting in the second column of the Schedule, in relation to fines and other orders, collection and enforcement, after the words ''Children and Young Persons Court'', the words ''or a Youth Court''.
	By inserting in the second column of the Schedule, in relation to finger prints and identity, after the words "Children and Young Persons Court'', the words ''or Youth Court,''.
1977, No. 110---The Higher Salaries Commission Act 1977 (R.S. Vol. 19, p. 623)	By inserting in section 12B (1) (as inserted by section 4 of the Higher Salaries Commission Amendment Act (No. 2) 1985), after the words ''the Principal Family Court Judge,'' the words ''the Principal Youth Court Judge,''.
1980, No. 161---The Family Courts Act 1980	By inserting in section 11 (1), after paragraph (g), the following paragraph:
	"(ga) The Children, Young Persons, and Their Families Act 1989:''.
1985, No. 120---The Criminal Justice Act 1985	By repealing the definition of ''District Court'' in section 2 (1), and substituting the following definition:
	"'District Court' includes a Youth Court:''.
	By omitting from section 142 (3) the words "Children and Young Persons Act 1974'', and substituting the words "Children, Young Persons, and Their Families Act 1989''.
	By omitting from section 142 (5) the words "institution under the Children and Young Persons Act 1974'', and substituting the words "residence under the Children, Young Persons, and Their Families Act 1989''.
	By repealing so much of the First Schedule as relates to the Children and Young Persons Act 1974
1987, No. 74---The Immigration Act 1987	By omitting from subsection (1) (a) (i) of section 58, and also from subsection (2) (a) (i) of that section, the words "section 2 of the Children and Young Persons Act 1974'', and substituting in each case the words "section 2 (1) of the Children, Young Persons, and Their Families Act 1989''.
1987, No. 176---The Maori Language Act 1987	By inserting in Part A of the First Schedule, after the item relating to Family Courts, the following item:
	"Youth Courts''.
1988, No. 111---The Coroners Act 1988	By repealing paragraphs (e) and (f) of section 4 (1), and substituting the following paragraphs:
	"(e) The death of any child or young person in a residence established under section 364 of the Children, Young Persons, and Their Families Act 1989:
	"(f) The death of any child or young person while that child or young person---
	"(i) Is in the custody or care of an Iwi Authority or a Cultural Authority, or the Director of a Child and Family Support Service, pursuant to section 43 or section 78 or section 110 or section 139 or section 140 or section 141 or section 234 or section 238 or section 345 of the Children, Young Persons, and Their Families Act 1989; or
	"(ii) Is in the charge of any person or organisation pursuant to section 362 of that Act:''.
	By omitting from section 4 (2) the word
	"foster-home,''.
	By repealing so much of the First Schedule as relates to the Children and Young Persons Act 1974.

 

THIRD SCHEDULE
Enactments, Repealed

 

1974, No.	72---	The Children and Young Persons Act 1974.
1975, No.	122---	The Disabled Persons Community Welfare Act 1975: section 23.
1977, No.	126---	The Children and Young Persons Amendment Act 1977.
1979, No.	59---	The Local Government Amendment Act 1979: So much of the Fourth Schedule as relates to the Children and Young Persons Act 1974.
1980, No.	87---	The Children and Young Persons Amendment Act 1980.
1981, No.	113---	The Summary Offences Act 1981: Section 50 (4).
1982, No.	135---	The Children and Young Persons Amendment Act 1982.
1983, No.	129---	The Children and Young Persons Amendment Act 1983.
1983, No.	134---	The Area Health Boards Act 1983: So much of the Schedule as relates to the Children and Young Persons Act 1974.
1986, No.	28---	The Education Amendment Act 1986: section 2 (2).
1987, No.	106---	The Social Security Amendment Act 1987: section 32.
1988, No.	20---	The State Sector Act 1988: so much of the Fifth Schedule as relates to the Department of Social Welfare Act 1971.