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Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 No 2, Public Act

Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010

Public Act2010 No 2
Date of assent6 March 2010
Commencementsee section 2

Contents

1 Title

2 Commencement

3 Principal Act amended

Part 1
Amendments to principal Act

4 Purpose of Part

5 Interpretation

6 Principles

7 Custody of child or young person pending hearing

8 Restrictions on power of Court to order child or young person to be detained in custody

9 New section 255 substituted

255 Youth justice co-ordinator must ensure that relevant information and advice made available to family group conference

10 Functions of family group conference

11 New section 259A inserted

259A Family group conference must consider attendance at parenting education, mentoring, and alcohol or drug rehabilitation programmes

12 Family group conference may make decisions, recommendations, and plans relating to care or protection of child or young person

13 New section 269A inserted

269A Chief executive to ascertain whether victims wish to be informed of progress in implementing decisions, recommendations, and plans

14 Jurisdiction of Youth Court

15 New section 272A inserted

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

16 Manner of dealing with purely indictable offences or where person elects jury trial

17 Young person may forego right to jury trial and elect to have proceedings determined by Youth Court

18 Young person may plead guilty and elect to be dealt with by Youth Court

19 Provisions applicable where young person charged jointly with person who is not a young person

20 New section 280A inserted

280A Court may refer case to informant to be dealt with as child offending care or protection proceeding under Part 2

21 Court not to make orders unless family group conference held

22 Power of Court to discharge information

23 New section 283 substituted

283 Hierarchy of Court's responses if charge against young person proved

24 Factors to be taken into account on sentencing

25 Restrictions on power of Court to make certain orders under section 283

26 Person or organisation not to be required to supervise young person without consent

27 New section 286A inserted

286A Parenting education, mentoring, or alcohol or drug rehabilitation programme order: general requirement for provider to have first agreed to provide programme concerned, and making of order subject to conditions

28 New sections 288 to 290A substituted

288 Order in respect of parent or guardian or other person having care not to be made without first informing of proposal to make order and giving opportunity to make representations

289 Court must impose least restrictive outcome adequate in circumstances

290 Judge must record in writing reasons for supervision with residence or transfer order

290A Restriction on who may provide residential component of specified programme or activity

29 New headings and sections 296 to 296M substituted

296 Expiry of orders

Failure to comply with, and variation and cancellation of, specified orders

296A Orders to which sections 296B and 296E apply

296B Failure to comply

296C Warrant to have young person arrested and brought before Court

296D Execution of warrant under section 296C

296E Variation and cancellation

296F Interim suspension order

Intensive supervision orders

296G Intensive supervision order in response to young person's non-compliance with judicially monitored condition of supervision or supervision with activity order

296H Duty of chief executive to provide for supervision under intensive supervision order

296I Conditions of intensive supervision order

296J Additional conditions imposing curfew with or without electronic monitoring of compliance

296K Electronic monitoring

296L Powers to detain and return, and arrest, young person breaching curfew condition

296M Review of intensive supervision order

30 New headings and sections 297A and 297B inserted

Parenting education programme orders

297A Written statements of terms, and how Court may respond to failures to comply

Alcohol or drug rehabilitation programme orders

297B Nature of programmes, who may consent to medical treatment, and related custody orders

31 Community work order

32 Sections 299 to 301 repealed

33 New section 307 substituted

307 Supervision with activity order

34 New sections 308A to 308C inserted

308A Judicial monitoring of compliance with conditions of supervision or supervision with activity order

308B Effect of judicial monitoring direction

308C Progress reports

35 Sections 309 and 310 repealed

36 New section 311 substituted

311 Supervision with residence order

37 Effect of supervision with residence order

38 New section 314 substituted

314 Court must in certain cases release young person from custody before expiry of supervision with residence order

39 Court may cancel supervision with residence order if young person absconds

40 New heading and section 319A inserted

Review of orders for periods of at least 8 months

319A Orders must be reviewed

41 Report to be made to Court on effectiveness of certain orders

42 Report by social worker

43 Report to be accompanied by plan

44 Privilege for reports

45 Access to reports and plans under this Part of this Act

46 New section 340 substituted

340 Written statement of terms of certain orders to be given to young person

47 Appeals from decisions of Youth Court by young person

48 Appeal by parents or guardians or other persons having care of young person

49 Chief executive may place children and young persons in residences

50 Closing of residences and transfer of residents

51 Person executing warrant to produce evidence of authority and identity

52 Authority to use facsimile copy of warrant

53 Regulations

54 New heading and section 456A inserted

2010 Amendment Act

456A Purpose and application

Part 2
Amendments to other enactments

55 Amendments to Criminal Investigations (Bodily Samples) Act 1995

56 Amendment to Criminal Justice Act 1985

Legislative history

The Parliament of New Zealand enacts as follows:

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