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Oranga Tamariki Act 1989

Youth justice - Prosecution of children and young persons

264: Procedure where no agreement possible

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

If you are part of a family group conference and you cannot agree on what to do about a child or young person, the youth justice co-ordinator will stop the conference. The co-ordinator will then report the matter to either the enforcement agency or the court, depending on why the conference was started. This might be because the conference was started under section 247(a) or (b) or under section 247(d) or (e).

If the co-ordinator reports the matter to an enforcement agency, an enforcement officer can take action as they think is right under the Oranga Tamariki Act 1989. You should know that this action is taken after the co-ordinator has tried to get an agreement under section 263. The enforcement officer's action will follow the rules of the Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM153405.

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

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

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265: Records of decisions, recommendations, and plans of family group conference to be made available to interested persons, or

"Everyone involved gets a copy of the family group conference plan"

Part 4Youth justice
Prosecution of children and young persons

264Procedure where no agreement possible

  1. Where—

  2. the members of a family group conference are unable to agree on what decisions, recommendations, or plans should be made in relation to the child or young person in respect of whom the conference was convened; or
    1. a youth justice co-ordinator is unable to secure agreement under section 263 to the decisions, recommendations, and plans made or formulated by a family group conference,—
        1. the youth justice co-ordinator who convened the conference shall—
      1. adjourn the proceedings of the family group conference; and
        1. where the conference was convened under section 247(a) or (b), report the matter to the appropriate enforcement agency; and
          1. where the conference was convened under section 247(d) or (e), report the matter to the court.

            1. Where a youth justice co-ordinator makes a report under subsection (1)(d) to an enforcement agency, any enforcement officer may take such action under this Act as that officer considers appropriate.