Oranga Tamariki Act 1989

Youth justice - Prosecution of children and young persons

251: Persons entitled to attend family group conference

You could also call this:

"Who can come to a family group conference to help make decisions about you"

Illustration for Oranga Tamariki Act 1989

You can attend a family group conference if you are the child or young person it is about. Your parents or guardians can also attend, as well as other family members. The person in charge of the conference, called the youth justice co-ordinator, will be there too.

The prosecutor, or the person who wants to take you to court, can attend the conference. A representative from the police or other enforcement agency might also be there. If someone was hurt by what you did, they can come to the conference, or send someone to represent them.

Your lawyer or advocate can attend the conference to support you. Sometimes, other people like a probation officer or a social worker might attend. They can provide information or support to help make decisions about what happens to you.

If you are under the care of the chief executive of Oranga Tamariki, they might attend the conference. This could be because they are your guardian, or because they are responsible for your day-to-day care under the Care of Children Act 2004. The chief executive might also attend if they need to provide support to you, as ordered by the court.

You might have other people attend the conference to support you, like family members or friends. These people can help you feel more comfortable and supported during the conference. However, some people who attend the conference might not be able to join in the discussions or decision-making. This is to make sure that you and your family have a chance to talk and make decisions without too much influence from others.

If someone who is supposed to attend the conference can't make it, they can still attend a later meeting. This means that everyone who needs to be involved can still have a say, even if they miss the first meeting. The conference is an important chance for you and your family to talk about what happened and what should happen next. It's a time for you to take responsibility for your actions and to work together to find a solution.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM152979.


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250: Consultation on convening of family group conference, or

"Talking to your family and others before a family group conference"


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252: Child or young person in custody to be permitted to attend family group conference, or

"Kids in custody can go to family meetings if it's safe and they follow the rules."

Part 4Youth justice
Prosecution of children and young persons

251Persons entitled to attend family group conference

  1. Subject to subsection (2), the following persons are entitled to attend a family group conference convened under this Part:

  2. the child or young person in respect of whom the conference is held:
    1. every person who is—
      1. a parent or guardian of, or a person having the care of, that child or young person; or
        1. a member of the family, whanau, or family group of that child or young person:
        2. the youth justice co-ordinator who is convening the conference, or any youth justice co-ordinator who is acting for that person:
          1. the prosecutor or the person intending to commence the proceedings for the offence or alleged offence to which the conference relates, or a representative of that person:
            1. if the prosecutor or the person intending to commence those proceedings is not an enforcement officer acting in that capacity, a representative of the appropriate enforcement agency:
              1. any victim of the offence or alleged offence to which the conference relates, or a representative of that victim:
                1. any barrister or solicitor or youth advocate or lay advocate representing the child or young person:
                  1. the chief executive, in any case where—
                    1. the chief executive is a guardian of the child or young person; or
                      1. the chief executive has the role of providing day-to-day care for the child or young person under the Care of Children Act 2004, or is entitled to custody of the child or young person under an order or agreement made under Part 2 of this Act; or
                        1. the chief executive is required, pursuant to an order made under section 91, to provide support to the child or young person; or
                          1. the young person is under the supervision of the chief executive pursuant to an order made under section 283(k) or section 307 or section 311:
                          2. a representative of an iwi social service, of a cultural social service, or of the director of a child and family support service, if that service or that director—
                            1. is a guardian of the child or young person; or
                              1. has the role of providing day-to-day care for the child or young person under the Care of Children Act 2004, or is entitled to custody of the child or young person under an order or agreement made under Part 2 of this Act:
                              2. if the young person is subject to a community-based sentence (as that term is defined in section 4(1) of the Sentencing Act 2002) or a sentence of home detention imposed under section 80A of the Sentencing Act 2002,—
                                1. a probation officer:
                                  1. in the case of a young person who is subject to a sentence of community work (within the meaning of that Act), a representative of the agency on whose behalf the young person is required to perform any work for the purposes of the sentence:
                                    1. in the case of a young person who is subject to a sentence of supervision, intensive supervision, or a sentence of home detention (within the meaning of that Act), any person or agency, or a representative of any person or agency, that provides any course or conducts any programme that the young person is required to undertake as a condition of the sentence or to undergo under the sentence:
                                    2. if the child or young person is under the guardianship of the court under the Care of Children Act 2004, any person appointed as agent for the court under that Act, or any representative of that person:
                                      1. where the child or young person is subject to an order made under section 91, a representative of the person or organisation required, pursuant to that order to provide support to that child or young person:
                                        1. where the young person is under the supervision of any person (not being the chief executive), or any organisation, pursuant to an order made under section 283(k) or section 307, that person or a representative of that organisation:
                                          1. where a community work order made under section 283(l) is in force with respect to the young person, the chief executive or person or a representative of the organisation supervising the order:
                                            1. any other person whose attendance at that conference is in accordance with the wishes of the family, whanau, or family group of the child or young person as expressed under section 250.
                                              1. A person referred to in subsection (1) who does not, for any reason, attend any meeting of a family group conference is not solely by reason of that non-attendance precluded from attending any subsequent meeting of that family group conference, or any meeting of the family group conference reconvened under section 270.

                                              2. If, under subsection (1)(f), a victim of an offence or alleged offence attends a family group conference in person or, as the case may be, by a representative, that victim or representative may be accompanied by any reasonable number of persons (being members of the victim's or representative's family, whanau, or family group, or any other persons) who attend the conference for the purpose only of providing support to that victim or representative.

                                              3. A person who attends a family group conference pursuant to subsection (2) shall not be a member of the conference.

                                              4. No person who attends a family group conference pursuant to any of paragraphs (c) to (n) (other than paragraph (k)) of subsection (1) or pursuant to subsection (2) is entitled to be present during any discussions or deliberations held among the members of the family, whanau, or family group of the child or young person in respect of whom the conference is held, unless those members request that person to attend.

                                              Notes
                                              • Section 251(1)(d): amended, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
                                              • Section 251(1)(e): amended, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
                                              • Section 251(1)(h): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
                                              • Section 251(1)(h)(i): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
                                              • Section 251(1)(h)(ii): replaced, on , by section 151 of the Care of Children Act 2004 (2004 No 90).
                                              • Section 251(1)(h)(iii): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
                                              • Section 251(1)(h)(iv): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
                                              • Section 251(1)(i): replaced, on , by section 151 of the Care of Children Act 2004 (2004 No 90).
                                              • Section 251(1)(j): replaced, on , by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).
                                              • Section 251(1)(k): replaced, on , by section 8 of the Guardianship Amendment Act 1998 (1998 No 48).
                                              • Section 251(1)(k): amended, on , by section 151 of the Care of Children Act 2004 (2004 No 90).
                                              • Section 251(1)(m): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
                                              • Section 251(1)(n): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
                                              • Section 251(1A): inserted, on , by section 7(1) of the Children, Young Persons, and Their Families Amendment Act 2014 (2014 No 36).
                                              • Section 251(2): replaced, on , by section 7(2) of the Children, Young Persons, and Their Families Amendment Act 2014 (2014 No 36).
                                              • Section 251(3): inserted, on , by section 37 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
                                              • Section 251(4): inserted, on , by section 37 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).