Oranga Tamariki Act 1989

Youth justice - Prosecution of children and young persons

246: Procedure where young person arrested and brought before court

You could also call this:

"What happens when a young person is arrested and goes to the Youth Court"

Illustration for Oranga Tamariki Act 1989

If you are a young person and you get arrested for something you did, you will go to the Youth Court. The Youth Court is a special court that deals with young people who get into trouble. If you say you did not do what you are accused of, the court will follow some rules that are explained in sections 273 to 276 to figure out what to do next.

If you do not deny the charge, the court will not ask you to plead guilty or not guilty. Instead, the court will tell a youth justice co-ordinator to set up a meeting with your family and other people to talk about what happened. The court will then wait until this meeting has happened before deciding what to do next.

The meeting is called a family group conference, and it is a chance for you, your family, and other people to talk about what you did and how you can make things right. The court wants to make sure you get the help and support you need to stay out of trouble in the future.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM152970.


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247: Youth justice co-ordinator to convene family group conference, or

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Part 4Youth justice
Prosecution of children and young persons

246Procedure where young person arrested and brought before court

  1. Where a young person is arrested for an offence (other than murder or manslaughter or a traffic offence that is an infringement offence or, in the case of a person aged 17 years, an offence specified in Schedule 1A) and is brought before the Youth Court to answer the charge, the following provisions shall apply:

  2. if, after consulting with the barrister or solicitor representing the young person or with a youth advocate, the young person denies the charge, then the charge shall be dealt with in accordance with sections 273 to 276:
    1. in any other case the court shall not enter a plea to the charge but shall—
      1. direct a youth justice co-ordinator to convene a family group conference in relation to the matter; and
        1. adjourn the proceedings until that family group conference had been held.
        Notes
        • Section 246: amended, on , by section 107 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
        • Section 246: amended, on , by section 261 of the District Court Act 2016 (2016 No 49).