Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017

  • not the latest version
  • A correction has been made to section 41 on 7 August 2017 under section 25(1)(j)(iii) of the Legislation Act 2012.
101 Section 208 amended (Principles)

(1)

In section 208, insert as subsection (1):

(1)

A court or person exercising powers under this Part, Part 5, or sections 351 to 360 must weigh the 4 primary considerations described in section 4A(2).

(2)

In section 208, replace “Subject to section 5, any court which, or person who, exercises any powers conferred by or under this Part or Part 5 or sections 351 to 360 shall be guided by the following principles:” with “When weighing those 4 primary considerations, the court or person must be guided by, in addition to the principles in section 5, the following principles:”.

(3)

In section 208(a) to (h), delete “the principle”.

(4)

In section 208(b), delete “solely”.

(5)

In section 208(b), replace “welfare” with “well-being”.

(6)

In section 208(b), replace “whanau,” with “whānau, hapū,”.

(7)

In section 208(d), after “commits an offence”, insert “or is alleged to have committed an offence”.

(8)

After section 208(h), insert:

(3)

If a court or person is exercising a power for the purpose of resolving alleged offending or offending by a child or young person, the court or person must be guided by, in addition to the principles listed in subsection (2) and section 5, the following principles:

(a)

the principle that reasonable and practical measures or assistance should be taken or provided to support the child or young person to prevent or reduce offending or reoffending; and

(b)

the principle that the child or young person should be referred to care, protection, or well-being services under this Act, if those services would be of benefit to them.

(4)

Subsection (3) does not apply to a Police employee unless the employee is employed as a specialist in resolving offending by children and young persons.