Oranga Tamariki Act 1989

Youth justice - Prosecution of children and young persons

263: Youth justice co-ordinator to seek agreement to decisions, recommendations, and plans of family group conference

You could also call this:

"Youth justice co-ordinator works to get everyone to agree with the family group conference plan"

Illustration for Oranga Tamariki Act 1989

When a family group conference makes a decision, you need to know what happens next. The youth justice co-ordinator will tell people about the decision and ask them to agree with it. This includes the person who reported the problem and people who will help make the decision work.

If the conference was about a problem with the law, the co-ordinator will tell the prosecutor or the person who wants to take action. They will also tell people who will help make the decision work and ask them to agree with it. In some cases, the co-ordinator will tell the court about the decision.

If someone does not agree with the decision, the co-ordinator can meet with them to talk about it. The co-ordinator can bring someone from the family group conference to the meeting for support. If the co-ordinator still cannot get everyone to agree, they can call another family group conference to talk about the decision again.

The new conference can decide to keep the original decision, change it, or make a new one. Any new decision will be treated as if it was made according to section 260. The co-ordinator will follow the rules from section 247 and section 260 when working with the family group conference.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM153404.


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262: Youth justice co-ordinator to make record of decisions, recommendations, and plans of family group conference, or

"The person in charge writes down what happens at your family meeting."


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"What happens when a family group conference can't agree on a decision"

Part 4Youth justice
Prosecution of children and young persons

263Youth justice co-ordinator to seek agreement to decisions, recommendations, and plans of family group conference

  1. Where a family group conference makes any decision or recommendation, or formulates any plan, pursuant to section 260 or subsection (4), the youth justice co-ordinator who convened that conference shall—

  2. where the conference was convened under section 247(a) on the basis of a report from an enforcement officer,—
    1. communicate that decision, recommendation, or plan to that enforcement officer (or any person acting for that enforcement officer), and to every person who will be directly involved in the implementation of the decision, recommendation, or plan; and
      1. seek the agreement of that enforcement officer (or any person acting for that enforcement officer), and of every other person to whom that decision, recommendation, or plan is communicated pursuant to subparagraph (i), to that decision, recommendation, or plan:
      2. where the conference was convened under section 247(b) or (d) or (e),—
        1. communicate that decision, recommendation, or plan to the prosecutor or the person intending to commence the proceedings for the offence or alleged offence to which the conference relates (or to any person acting for that person), and to every person who will be directly involved in the implementation of the decision, recommendation, or plan; and
          1. seek the agreement of that person, and of every other person to whom that decision, recommendation, or plan is communicated pursuant to subparagraph (i), to that decision, recommendation, or plan:
          2. where the conference was convened under section 247(c), communicate that decision, recommendation, or plan to the court.
            1. Where, pursuant to paragraph (a)(i) or paragraph (b)(i) of subsection (1), a youth justice co-ordinator meets with any person for the purpose of communicating to that person any decision, recommendation, or plan made or formulated by a family group conference, the youth justice co-ordinator may be accompanied by a person nominated by that family group conference.

            2. Where a youth justice co-ordinator is unable to secure agreement, under subsection (1), to a decision, recommendation, or plan made or formulated by a family group conference, the youth justice co-ordinator may reconvene that conference for the purpose of enabling that conference to reconsider that decision, recommendation, or plan.

            3. Any family group conference reconvened under subsection (3) may confirm, rescind, or modify its previous decision, recommendation, or plan, or rescind its previous decision, recommendation, or plan and make or formulate a new decision, recommendation, or plan.

            4. Any decision, recommendation, or plan confirmed or modified under subsection (4), and any new decision, recommendation, or plan made or formulated under that subsection, shall be deemed to have been made or formulated pursuant to section 260.

            Notes
            • Section 263(1)(b)(i): amended, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).