Oranga Tamariki Act 1989

Youth justice - Prosecution of children and young persons

245: Proceedings not to be instituted against young person unless youth justice co-ordinator consulted and family group conference held

You could also call this:

"Police can't charge you unless they talk to a special helper and your family first."

Illustration for Oranga Tamariki Act 1989

If you are a young person and you allegedly commit an offence, the police or someone else cannot charge you unless they follow some steps. They must talk to a youth justice co-ordinator about what to do with you. They also need to hold a family group conference to discuss what happened and what should happen next. The person who wants to charge you must believe it is in the public interest to do so.

If the person who wants to charge you is not a police officer, they need to get a police officer to talk to the youth justice co-ordinator. You will be dealt with in the Youth Court if you are charged, as stated in section 272. The Youth Court is a special court that deals with young people who have allegedly committed offences.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM152969.


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Part 4Youth justice
Prosecution of children and young persons

245Proceedings not to be instituted against young person unless youth justice co-ordinator consulted and family group conference held

  1. Where a young person is alleged to have committed an offence, and the offence is such that if the young person is charged the young person will be required pursuant to section 272 to be brought before the Youth Court then, unless the young person has been arrested, no charging document in respect of that offence may be filed unless—

  2. the person intending to commence the proceedings believes that the institution of criminal proceedings against the young person for that offence is required in the public interest; and
    1. consultation in relation to the matter has taken place between—
      1. the person intending to commence the proceedings or another person acting on that person's behalf; and
        1. a youth justice co-ordinator; and
        2. the matter has been considered by a family group conference convened under this Part.
          1. Notwithstanding anything in subparagraph (i) of paragraph (b) of subsection (1), where the person intending to commence the proceedings is not an enforcement officer, the consultation required by that paragraph shall be consultation between a youth justice co-ordinator and an enforcement officer authorised in that behalf by the person intending to commence the proceedings.

          Compare
          • 1974 No 72 s 26
          • 1977 No 126 s 6(1)
          Notes
          • Section 245(1): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
          • Section 245(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 245(1): amended, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
          • Section 245(1)(a): amended, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
          • Section 245(1)(b)(i): replaced, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
          • Section 245(2): amended, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).