s 6(4)
(1)
For the purpose of this clause, commencement date means the date on which section 7(4) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (the 2017 Act) comes into force.
(2)
This clause applies to any person in a proceeding that—
is commenced on or after the commencement date against that person; and
is for an offence, or an alleged offence, that was committed before the commencement date when that person was 17 years of age.
(3)
The proceeding against the person must be commenced and dealt with under this Act—
as amended by the 2017 Act; and
as further amended by Part 1 of the Oranga Tamariki Legislation Act 2019.
(4)
Section 2(2), as amended by the 2017 Act, applies to this clause, except for the requirement that the person be a young person at the date of the alleged offence.
For the purpose of this clause, commencement date means the date on which section 4G of the Oranga Tamariki Legislation Act 2019 comes into force.
This clause applies to a person to whom clause 4 applies and either—
clause 20 applies, if the date of the alleged offending that is the subject of the new proceeding occurred before the commencement date; or
clause 20 does not apply, if the date of the alleged offending that is the subject of the new proceeding occurred on or after the commencement date.
If a new proceeding is commenced against the person on or after the commencement date by the filing of a charge for an offence not specified in Schedule 1A a non-Schedule 1A offence, the provisions referred to in subclause (4) are modified as set out in subclause (5) to enable the Youth Court to determine whether the charge for the offence not specified in Schedule 1A non-Schedule 1A offence is related to and may be joined with the criminal proceedings that are underway in the District Court or the High Court.
The provisions are as follows:
section 247A; and
sections 276AA to 276AC; and
section 276A.
(5)
A reference to a charge for an offence specified in Schedule 1A a Schedule 1A offence includes a reference to a charge for any offence (whether specified in Schedule 1A or not) for which the person is in criminal proceedings that are underway in the District Court or the High Court on the commencement date.
(6)
A reference to a charge for an offence not specified in Schedule 1A a non-Schedule 1A offence continues to exclude a reference to a charge of murder or manslaughter or another offence over which the Youth Court does not have jurisdiction.
This clause applies to actions taken by a constable before the commencement date during an investigation of a person aged 17 years for an offence or an alleged offence.
No proceedings are invalidated and no evidential material is deemed inadmissible because the actions are inconsistent with—
the definition of young person in section 2(1), as replaced by section 7(4) of the 2017 Act; and
this Act as amended by the 2017 Act and the Oranga Tamariki Legislation Act 2019.
For the purpose of this clause, unless the context otherwise requires,—
commencement date means the date on which section 4 of the Oranga Tamariki Legislation Act 2019 comes into force
court has the same meaning as in section 3 of the Bail Act 2000
criminal proceedings—
means a proceeding that has been commenced by—
the filing of a charging document; or
the filing of a notice of hearing under, or in accordance with, section 21(8) of the Summary Proceedings Act 1957; and
includes an appeal against conviction or sentence
drug dealing offence has the same meaning as in section 3 of the Bail Act 2000
Registrar has the same meaning as in section 3 of the Bail Act 2000.
Section 214B applies to a person aged 17 years if—
the person—
is a defendant in criminal proceedings for any offence (except a drug dealing offence), or any alleged offence, that are underway in the District Court or the High Court on the commencement date; and
is released on bail (before, on, or after the commencement date) for the offence, or the alleged offence, by a court, a Registrar, or a Police employee; and
any of the circumstances set out in section 35(1) of the Bail Act 2000 apply to the person so as to empower the arrest without warrant of the person on or after the commencement date.
is a defendant in criminal proceedings for a drug dealing offence, or an alleged drug dealing offence, that are underway in the District Court or the High Court on the commencement date; and
is released on bail (before, on, or after the commencement date) for the offence, or the alleged offence, by a District Court Judge or a High Court Judge; and
any of the circumstances set out in section 36(1) of the Bail Act 2000 apply to the person so as to empower the arrest without warrant of the person on or after the commencement date.