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

Schedule 1 Provisions applied to Youth Court and to proceedings in Youth Court

s 321

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

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

1

The District Court Act 2016, except that—

(a)

where any provisions of this Act conflict with any of the provisions of the District Court Act 2016, the provisions of this Act prevail:

(b)

nothing in section 72 of the District Court Act 2016 applies in respect of Youth Court Judges or the business of the Youth Court.

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

2

Section 10, 13, Part 2, subparts 1 to 4 of Part 3, subparts 1 and 3 of Part 4, and subparts 1 and 2 of Part 5 of the Criminal Procedure Act 2011, except that—

(a)

charging documents against children or young persons must continue to be filed in the District Court even though they may be heard and determined in the Youth Court:

(b)

unless a District Court Judge orders otherwise, charges that are within the jurisdiction of the Youth Court must be heard and determined in the Youth Court that is a division of the District Court in which the charging document is filed:

(c)

section 35 of that Act does not apply:

(d)

sections 37(4), 38, and 40 of that Act do not apply:

(e)

section 53 of that Act does not apply:

(f)

sections 54 to 57 of that Act apply to a proceeding only if, and to the extent that, a Youth Court Judge directs that those provisions apply:

(g)

sections 60 to 62(1), 62(3) to 65, and 116 of that Act (which relate to sentence indications) apply at the discretion of the Judge:

(h)

section 106 of that Act does not apply:

(i)

section 137 of that Act applies as if the proving of a charge were a conviction:

(j)

section 114(1) of that Act does not apply, but section 114(2) of that Act applies only in respect of a defendant who pleads guilty to a charge of murder or manslaughter:

(k)

sections 119 and 121 to 130 of that Act (which relate to a defendant who does not appear) do not apply:

(l)

sections 139(2) and 140 of that Act do not apply:

(m)

section 147(5) of that Act does not apply:

(n)

section 177 of that Act applies to all offence categories as if the proving of a charge were a conviction:

(o)

section 178 of that Act applies as if the proving of a charge were a conviction:

(p)

section 184 of that Act does not apply.

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

3

Part 3 of the Bail Act 2000 except that—

(a)

neither a Justice nor a Community Magistrate may exercise any of the powers conferred by section 33:

(b)

the provisions of section 30 apply as if there were inserted in that section, as subsections (1A) and (1B), the following subsections:

“(1A)

Despite anything in subsection (1), if the hearing is adjourned for the purpose of enabling a family group conference to be held under the provisions of the Oranga Tamariki Act 1989, the defendant must be excused from attending at the time and place to which the hearing is adjourned if, before that time, the Youth Justice Co-ordinator convening that conference notifies the court, in writing, that the proceedings of that family group conference will not be completed by that time.

“(1B)

If, under subsection (1A), the defendant is excused from attending any hearing, and the court adjourns that hearing, the Registrar must notify the defendant of the time and place to which the hearing is adjourned.”

Schedule 1 clause 3(b): amended, on 14 July 2017, by section 139 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

3A

The Victims’ Rights Act 2002, as follows:

(a)

sections 7 and 8, and, for the purposes of these sections, victim also includes—

(i)

a person who, through or by means of an offence committed by a child or young person, suffers any form of emotional harm; and

(ii)

a parent or guardian of a child or young person who is a victim within the meaning of subparagraph (i), unless that parent or guardian is—

(A)

the child or young person charged with the commission of the offence concerned:

(B)

the child or young person against whom a charge in respect of the offence has been proved before the Youth Court; and

(iii)

a person who has experienced family violence (as defined in section 9 of the Family Violence Act 2018); and

(iv)

a child or young person residing with a person who falls within subparagraph (iii), not being the child or young person who committed the offence or alleged offence:

(c)

section 11 (except the definition of services in subsection (2) does not apply):

(d)

section 12 (except subsections (1)(ca) and (3) do not apply) with the following modifications to subsection (1)(e):

(i)

the reference to a conviction is to be read as a reference to a finding of the Youth Court that a charge against a child or young person is proved:

(ii)

the reference to a sentence is to be read as a reference to an order made by the Youth Court under section 283 of this Act:

(e)

section 13 (except that despite subsection (3), section 12 overrides section 438 of this Act):

(g)

sections 17AA to 27 if the Youth Court is to make an order under section 283 of this Act (other than where the Court is to discharge an information under section 282 of this Act), so far as they are applicable and with the following modifications:

(i)

references to an offender are to be read as references to a child or young person against whom a charge in respect of the offence is proved before the Youth Court:

(ii)

references to a conviction are to be read as references to a finding of the Youth Court that a charge against a young person is proved:

(iii)

the reference in section 17(2) to paragraph (a)(iii) of the definition of victim in section 4 is to be read as a reference to paragraph (c) of the definition of victim in section 2B of this Act:

(h)

section 37 if, in addition to the requirements of subsection (1) of that section,—

(i)

the victim is the victim of a specified offence; and

(ii)

the victim has requested the Commissioner of Police to ensure that he or she is given notice under section 37; and

(iii)

the Commissioner of Police has referred that request to the Director-General of Health and provided the Director-General of Health with the victim’s address:

(i)

section 38 if, in addition to the requirements of subsection (1) of that section,—

(i)

the victim is the victim of a specified offence; and

(ii)

the victim has requested the Commissioner of Police to ensure that he or she is given notice under section 38; and

(iii)

the Commissioner of Police has referred that request to the Director-General of Health and provided the Director-General of Health with the victim’s address:

(j)

the provisions of Part 4, so far as they are applicable, except that the reference to offender in section 51(1) includes a child or young person against whom a charge in respect of the offence has been proved before the Youth Court.

Schedule clause 3A: inserted, on 6 December 2014, by section 12 of the Children, Young Persons, and Their Families Amendment Act 2014 (2014 No 36).

Schedule 1 clause 3A(a)(ii)(B): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Schedule 1 clause 3A(a)(iii): amended, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).

Schedule 1 clause 3A(g)(i): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Schedule 1 clause 3A(g)(ii): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Schedule 1 clause 3A(j): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).