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

Jurisdiction of Youth Court

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

272 Jurisdiction of Youth Court and children’s liability to be prosecuted for criminal offences

(1)

The following are the only 3 situations in which proceedings may lawfully be commenced under the Criminal Procedure Act 2011 against a child alleged to have committed an offence:

(a)

where the child is of or over the age of 10 years, and the offence is murder or manslaughter:

(b)

where the child is aged 12 or 13 years, and the offence is one (other than murder or manslaughter) for which the maximum penalty available is or includes imprisonment for life or for at least 14 years:

(c)

where the child is aged 12 or 13 years and is a previous offender under subsection (1A) or (1B), and the offence is one (other than murder or manslaughter) for which the maximum penalty available is or includes imprisonment for at least 10 years but less than 14 years.

(1A)

A child is a previous offender under this subsection for the purposes of subsection (1)(c) if—

(a)

an application is made to the Family Court for a care or protection order on the ground that the child has committed an offence or offences the number, nature, or magnitude of which is such as to give serious concern for the well-being of the child; and

(b)

on that application the Family Court, having found 1 or more of the offences alleged in the application (the earlier offences) to be proved in accordance with section 198(1)(a) and (b), either—

(i)

declares the child to be in need of care or protection on that ground; or

(ii)

indicates clearly that, but for section 73 (on the child’s need for care or protection being able to be met by other means), it would have made a care or protection order on that ground; and

(c)

for 1 or more of the earlier offences the maximum penalty available is or includes imprisonment for life or for at least 10 years.

(1B)

A child is a previous offender under this subsection for the purposes of subsection (1)(c) if—

(a)

the child has been convicted by the High Court of murder or manslaughter; or

(b)

the child, as a result of an election of jury trial made by the child in the Youth Court in accordance with section 66 of the Summary Proceedings Act 1957 or section 50 of the Criminal Procedure Act 2011, has been convicted by the District Court or the High Court of 1 or more offences (other than murder or manslaughter) for which the maximum penalty available is or includes imprisonment for life or for at least 14 years; or

(c)

the child has been charged with, and the Youth Court has found proved before it the charge against the child for, 1 or more offences (other than murder or manslaughter) for which the maximum penalty available is or includes imprisonment for life or for at least 14 years.”

(2)

If a child of or over the age of 10 years is charged with murder or manslaughter, the provisions of this Act (other than sections 236, 238(1)(e), 239(2), 242(2), 276, 277, and 365(1)), and of any regulations made under this Act, apply accordingly as if that child were a young person.

(2A)

If a child aged 12 or 13 years is charged with an offence specified in subsection (1)(b) or (c) and proceedings under the Criminal Procedure Act 2011 are commenced against the child for the offence,—

(a)

the child must be brought before the Youth Court to be dealt with in accordance with the provisions of this Act; and

(b)

the provisions of this Act, and of any regulations made under this Act, apply accordingly as if that child were a young person but subject to the modifications in section 272A.

(3)

Any young person charged with an offence other than—

(a)

murder; or

(b)

manslaughter; or

(baa)

if the young person is aged 17 years, an offence specified in Schedule 1A; or

(ba)

an infringement offence against the Psychoactive Substances Act 2013; or

(bb)

an infringement offence against the COVID-19 Public Health Response Act 2020; or

(c)

a traffic offence that is an infringement offence; or

(d)

an infringement offence against the Sale and Supply of Alcohol Act 2012 or the Summary Offences Act 1981, or section 239A of the Local Government Act 2002.

shall be brought before the Youth Court to be dealt with in accordance with the provisions of this Act.

(4)

If a young person is charged with murder or manslaughter, section 275 applies.

(4A)

If a young person aged 17 years is charged with an offence specified in Schedule 1A,—

(a)

sections 275, 276AA to 276AC, and 276A apply; and

(b)

sections 274 and 276 do not apply.

(5)

Notwithstanding subsection (3)(ba), (bb), (c), or (d), where a young person is charged with an infringement offence referred to in subsection (3)(ba) or an infringement offence against the COVID-19 Public Health Response Act 2020 referred to in subsection (3)(bb) or a traffic offence that is an infringement offence referred to in subsection (3)(c) or an infringement offence referred to in subsection (3)(d), the Youth Court shall hear and determine that charge if—

(a)

the young person is charged with any other offence, being an offence in respect of which the young person is required to be brought before the Youth Court to be dealt with; and

(b)

both offences arise out of the same event or series of events; and

(c)

the court considers—

(i)

that it is desirable that the charges be heard together; or

(ii)

that the charges can be conveniently heard together.

(6)

Subsection (3)(baa) is subject to section 277.

Compare: 1974 No 72 s 25(2)–(4); 1977 No 126 s 5

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

Section 272 heading: amended, on 1 October 2010, by section 14(1) of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).

Section 272(1): replaced, on 1 October 2010, by section 14(2) of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).

Section 272(1): 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 272(1A): inserted, on 1 October 2010, by section 14(2) of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).

Section 272(1A)(a): amended, on 1 July 2019, by section 113(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 272(1A)(a): amended, on 1 July 2019, by section 113(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

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

Section 272(1B): inserted, on 1 October 2010, by section 14(2) of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).

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

Section 272(1B)(b): 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 272(1A)(b)(ii): amended, on 1 July 2019, by section 113(3) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

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

Section 272(2): 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 272(2A): inserted, on 1 October 2010, by section 14(2) of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).

Section 272(2A): 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 272(2A)(a): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 272(3): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 272(3): 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 272(3)(baa): inserted, on 1 July 2019, by section 113(4) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 272(3)(ba): inserted, on 18 July 2013, by section 109(2) of the Psychoactive Substances Act 2013 (2013 No 53).

Section 272(3)(bb): inserted, on 13 May 2020, by section 41(1) of the COVID-19 Public Health Response Act 2020 (2020 No 12).

Section 272(3)(c): replaced, on 1 July 2019, by section 113(5) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 272(3)(d): inserted, on 18 December 2013, by section 416(2) of the Sale and Supply of Alcohol Act 2012 (2012 No 120).

Section 272(4): 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 272(4A): inserted, on 1 July 2019, by section 113(6) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 272(4A)(a): amended, on 1 July 2019, by section 9(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

Section 272(5): amended, on 13 May 2020, by section 41(2) of the COVID-19 Public Health Response Act 2020 (2020 No 12).

Section 272(5): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 272(5): 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 272(5)(a): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 272(6): inserted, on 1 July 2019, by section 9(2) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).