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

258 Functions of family group conference

(1)

A family group conference convened under section 247 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 4A(1), 5, and 13:

(b)

where the conference is convened in relation to an alleged offence in respect of which proceedings have not been commenced under this Part, 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:

(ba)

if the conference is convened under section 247(b) or (d) in relation to an offence alleged to have been committed by a child, to consider,—

(i)

if the conference is convened under section 247(b), whether the public interest requires that criminal proceedings should be instituted against the child in accordance with section 272(1)(b) or (c) or, if the conference is convened under section 247(d), whether the public interest requires that criminal proceedings instituted against the child should be continued in accordance with Part 4; and

(ii)

whether the child is in need of care or protection on the ground specified in section 14(1)(e) and, if so, whether the public interest requires that instead of criminal proceedings being instituted or continued that the matter should be dealt with under Part 2, whether by way of an application for a care or protection order on that ground made in respect of that child, or in some other way:

(c)

where the young person in respect of whom the conference is convened is detained in the custody of the chief executive 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, 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.

(2)

If a family group conference is convened under section 247(a), (b), (d), or (e), it must, when considering whether the matter can be dealt with in some other way under subsection (1)(b) or (d), consider what restorative justice actions could be undertaken.

(3)

The family group conference must, when carrying out its functions, consider what reasonable and practical measures or assistance could be taken or provided to support the child or young person—

(a)

with the implementation of a plan; or

(b)

in complying with an order made or that may be made by the Youth Court.

Section 258(1)(a)(ii): amended, on 1 July 2019, by section 111(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 258(1)(ba): inserted, on 1 October 2010, by section 10 of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).

Section 258(1)(ba)(ii): amended, on 1 July 2019, by section 111(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 258(1)(c): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 258(2): inserted, on 1 July 2019, by section 111(3) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 258(3): inserted, on 1 July 2019, by section 111(3) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).