1 Title
2 Commencement
3 Principal Act amended
Part 1Amendments 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 2Amendments 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: