Oranga Tamariki Legislation Bill

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Hon Tracey Martin

Oranga Tamariki Legislation Bill

Government Bill

121—3

	Key
1	Title
2	Commencement
	Part 1 Amendments to Oranga Tamariki Act 1989
3	Amendments to Oranga Tamariki Act 1989
3A	Section 2 amended (Interpretation)
4	New section 214B inserted (Arrest of person aged 17 years released on bail by District Court or High Court)
	214B	Arrest of person aged 17 years released on bail by District Court or High Court
4A	Section 247 amended (Youth justice co-ordinator to convene family group conference)
4B	New section 247A inserted (Family group conference ~~either not required or suspended for mixed charges including Schedule 1A offence~~ not required, suspended, or discontinued when charges include Schedule 1A offence and non-Schedule 1A offence)
	247A	Family group conference ~~either not required or suspended for mixed charges including Schedule 1A offence~~ not required, suspended, or discontinued when charges include Schedule 1A offence and non-Schedule 1A offence
4C	Section 249 amended (Time limits for convening of family group conferences)
4D	Section 272 amended (Jurisdiction of Youth Court and children’s liability to be prosecuted for criminal offences)
4E	Section 273 amended (Manner of dealing with offences (other than murder or manslaughter))
4F	Section 275 amended (Manner of dealing with offence of murder or manslaughter, or Schedule 1A offence, or where jury trial to be held)
4G	New sections 276AA to 276AC inserted
	276AA	Youth Court determination whether charge related to charge for Schedule 1A offence
	276AB	Transfer of related charge to District Court or High Court
	276AC	~~Mixed pleas for~~ Hearing of related charge when guilty plea to charge for Schedule 1A offence ~~and related charge~~
4H	Section 276A amended (Transfer of proceeding back to Youth Court)
4I	Section 277 amended (Provisions applicable where child, young person, or adult jointly charged)
4J	~~Section 283 amended (Hierarchy of court’s responses if charge against young person proved)~~
5	Section 376 amended (Court may authorise continued detention in secure care)
6	Schedule 1AA amended
	Part 2 Amendments to other enactments
	Subpart 1—Amendments to Bail Act 2000
7	Amendments to Bail Act 2000
8	Section 9A amended (Restriction on bail if defendant charged with murder)
9	Section 10 amended (Restriction on bail if defendant with previous conviction for specified offence charged with further specified offence)
10	Section 11 amended (Restriction on bail if defendant with previous conviction for specified offence found guilty or pleads guilty to further specified offence)
11	Section 12 amended (Further restriction on bail in certain cases)
12	Section 15 amended (Granting of bail to defendant who is 17 years of age)
13	Section 17A amended (Restriction on bail if defendant charged with serious Class A drug offence)
14	Section 34A amended (Surrender of defendant on bail with EM condition)
15	Section 35 amended (Defendant on bail may be arrested without warrant in certain circumstances)
16	Section 36 amended (Arrest of defendant charged with drug dealing offence)
17	Schedule 1AA amended
	Subpart 2—Amendments to Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
18	Amendments to Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
19	Section 41 amended (Section 66 replaced (Government departments may be required to supply information))
20	Section 50 amended (Section 78 amended (Custody of child or young person pending determination of proceedings))
21	Section 56 replaced (Section 87 amended (Restraining orders))
	56	Section 87 amended (Restraining orders)
22	Section 57 amended (Section 88 amended (Interim restraining orders))
23	Section 65 amended (New section 110AA inserted (Interim guardianship orders))
24	Section 79 amended (Section 145 amended (Agreement not to be made without approval of family group conference))
25	Section 143 amended (Section 175 amended (Remand of defendants aged 17 to 20 years))
	Subpart 3—Amendment to Children’s Commissioner Act 2003
26	Amendment to Children’s Commissioner Act 2003
27	Section 11 amended (Matters to which Commissioner must have regard in exercising functions or powers)
	Subpart 4—Amendments to Criminal Investigations (Bodily Samples) Act 1995
28	Amendments to Criminal Investigations (Bodily Samples) Act 1995
29	Section 2 amended (Interpretation)
30	New section 2B inserted (Transitional, savings, and related provisions)
	2B	Transitional, savings, and related provisions
31	New Schedule 1AA inserted
32	Schedule heading amended
33	Further amendments to Criminal Investigations (Bodily Samples) Act 1995
	Subpart 5—Amendments to Criminal Procedure Act 2011
34	Amendments to Criminal Procedure Act 2011
35	New section 7A inserted (Transitional, savings, and related provisions)
	7A	Transitional, savings, and related provisions
36	Section 174 amended (Remand of defendant under 17 years for assessment report)
36A	Section 380A amended (Transfer of proceedings commenced in Youth Court back to Youth Court in certain circumstances)
37	New Schedule 1AA inserted
	Subpart 6—Amendments to Prisoners’ and Victims’ Claims Act 2005
38	Amendments to Prisoners’ and Victims’ Claims Act 2005
39	Section 4 amended (Interpretation)
	Subpart 7—Amendment to Returning Offenders (Management and Information) Act 2015
40	Amendment to Returning Offenders (Management and Information) Act 2015
41	Schedule 1 amended
	Subpart 8—Amendments to Sentencing Act 2002
42	Amendments to Sentencing Act 2002
43	Section 15B amended (Limitation on sentence of home detention for person under 17 years)
44	Section 18 amended (Limitation on imprisonment of person under 17 years)
45	Schedule 1AA amended
	Subpart 9—Amendments to Victims’ Orders Against Violent Offenders Act 2014
46	Amendments to Victims’ Orders Against Violent Offenders Act 2014
47	Section 4 amended (Interpretation)
	Subpart 10—Amendments to Victims’ Rights Act 2002
48	Amendments to Victims’ Rights Act 2002
49	Section 4 amended (Interpretation)
	Subpart 11—Amendments to Criminal Investigations (Bodily Samples) Regulations 2004
50	Amendments to Criminal Investigations (Bodily Samples) Regulations 2004
51	Various references to “17” replaced
52	Various references to “declaration” replaced
53	Various references to “Schedule” replaced
	Schedule 1 New Part 4 inserted into Schedule 1AA of Oranga Tamariki Act 1989
	Schedule 2 New Part 2 inserted into Schedule 1AA of Bail Act 2000
	Schedule 3 New Schedule 1AA inserted into Criminal Investigations (Bodily Samples) Act 1995
	Schedule 4 Amendments to Criminal Investigations (Bodily Samples) Act 1995
	Schedule 5 New Schedule 1AA inserted into Criminal Procedure Act 2011
	Schedule 6 New Part 3 inserted into Schedule 1 of Returning Offenders (Management and Information) Act 2015
	Schedule 7 New Part 3 inserted into Schedule 1AA of Sentencing Act 2002
	Schedule 8 Amendments to Criminal Investigations (Bodily Samples) Regulations 2004
	Legislative history

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