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New Zealand Legislation: Bills

Bills are proposed Acts

Hon Paula Bennett

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

Government Bill

16—2

As reported from the Social Services Committee

Contents

3 Principal Act amended

Part 1
Amendments to principal Act

4 Purpose of Part

4A Interpretation

5A Custody of child or young person pending hearing

5B Restrictions on power of Court to order child or young person to be detained in custody

6 New section 255 substituted

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

7 Functions of family group conference

8 New section 259A inserted

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

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

10 Jurisdiction of Youth Court

11 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)

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

12A Young person may forego right to jury trial and elect to have proceedings determined by Youth Court

12B Young person may plead guilty and elect to be dealt with by Youth Court

12C Provisions applicable where young person charged jointly with person who is not a young person

13 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

14 Court not to make orders unless family group conference held

14A Power of Court to discharge information

15 New section 283 substituted

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

16 Factors to be taken into account on sentencing

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

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

19 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

20 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

21 New headings and sections 296 to 296I substituted

296 Expiry of orders

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

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

296B Failure to comply

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

296BB Execution of warrant under section 296BA

296C Variation and cancellation

296CA Interim suspension order

Intensive supervision orders

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

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

296F Conditions of intensive supervision order

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

296H Electronic monitoring

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

296I Review of intensive supervision order

22 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

23 Community work order

24 Sections 299 to 301 repealed

25 New section 307 substituted

307 Supervision with activity order

26 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

27 Sections 309 and 310 repealed

28 New section 311 substituted

311 Supervision with residence order

28A Effect of supervision with residence order

29 New section 314 substituted

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

29A Court may cancel supervision with residence order if young person absconds

30 New heading and section 319A inserted

Review of orders for periods of at least 8 months

319A Orders must be reviewed

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

32 Report by social worker

33 Report to be accompanied by plan

34 Privilege for reports

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

36 New section 340 substituted

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

37 Appeals from decisions of Youth Court by young person

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

39 Chief executive may place children and young persons in residences

39A Closing of residences and transfer of residents

39B Person executing warrant to produce evidence of authority and identity

39C Authority to use facsimile copy of warrant

39D Regulations

40 New heading and section 456A inserted

2009 Amendment Act

456A Purpose and application

Part 2
Amendments to other enactments

41 Amendments to Criminal Investigations (Bodily Samples) Act 1995

42 Amendment to Criminal Justice Act 1985

~~43 Amendment to Summary Proceedings Amendment Act (No 2) 2008 consequential on amendment to section 274(2)(a) of principal Act (committal proceedings in Youth Courts)~~

Legislative history

The Parliament of New Zealand enacts as follows: