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

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272A Modifications and procedure for child aged 12 or 13 years charged with offence in section 272(1)(b) or (c)

(1)

The modifications referred to in section 272(2A)(b) in respect of a child aged 12 or 13 years charged with an offence specified in section 272(1)(b) or (c) are as follows:

(a)

sections 236, 238(1)(e), 239(2), 242(2), and 365(1) (on Police custody and placements in residences) do not, despite those sections referring to a young person and section 272(2A)(b), extend or apply to the child as if the child were a young person; and

(b)

sections 276(1)(a) and 277 do not extend or apply to the child as if the child were a young person; and

(c)

section 282(1) applies as if it empowers the Youth Court to discharge a charge even if the offence is a category 4 offence; and

(d)

a reference in this Act or regulations under it to the charge against the child being proved before the Youth Court must be treated as including a requirement that the Youth Court is satisfied that the child knew either—

(i)

that the act or omission constituting the offence charged was wrong; or

(ii)

that it was contrary to law.

(2)

[Repealed]

(3)

[Repealed]

(4)

[Repealed]

(5)

[Repealed]

(6)

[Repealed]

Section 272A: inserted, on 1 October 2010, by section 15 of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).

Section 272A(1)(b): replaced, on 1 July 2013, by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).

Section 272A(1)(c): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 272A(1)(c): amended, on 1 July 2013, by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).

Section 272A(1)(d): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 272A(2): repealed, on 1 July 2013, by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).

Section 272A(3): repealed, on 1 July 2013, by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).

Section 272A(4): repealed, on 1 July 2013, by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).

Section 272A(5): repealed, on 1 July 2013, by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).

Section 272A(6): repealed, on 1 July 2013, by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).