Oranga Tamariki Act 1989

Youth justice - Prosecution of children and young persons

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

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

When you are involved in a family group conference, a record is made of the decisions, recommendations, and plans that are discussed. You will get a copy of this record, as will your parents or guardians, and anyone who is looking after you. Your lawyer or advocate will also get a copy, as will the person who is prosecuting you or who wants to start proceedings against you. The prosecutor or the person who wants to start proceedings will also give a copy to the enforcement agency, if that is necessary. If someone was a victim of the offence you are alleged to have committed, they will get a copy of the record too. Anyone else who will be directly affected by the decisions or plans made at the conference will also get a copy, as will any social service that is involved with you, such as an iwi social service. If you are going to court, the court will also get a copy of the record, which was made under section 262, and this can be found in relation to proceedings under Part 2.

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264: Procedure where no agreement possible, or

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


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266: Department to maintain records of proceedings of family group conferences, or

"The government keeps a record of what happens at family group conferences and who can see it."

Part 4Youth justice
Prosecution of children and young persons

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

  1. Every youth justice co-ordinator who convenes a family group conference shall ensure that a copy of every record made pursuant to section 262 in relation to that conference is given or sent to—

  2. the child or young person in respect of whom the conference was convened; and
    1. every person who is a parent or guardian of that child or young person or has the care of that child or young person; and
      1. any barrister or solicitor, youth advocate, or lay advocate representing the child or young person; and
        1. the prosecutor or the person intending to commence the proceedings for the offence or alleged offence in respect of which the conference was held; and
          1. if the prosecutor or the person intending to commence those proceedings is not an enforcement officer acting in that capacity, the appropriate enforcement agency; and
            1. any victim of the offence or alleged offence in respect of which the conference was held; and
              1. any other person who is or will be directly affected by any decision, recommendation, or plan detailed in that record; and
                1. where there is an appropriate iwi social service or cultural social service with respect to the child or young person, that social service.
                  1. Where the child or young person is the subject of proceedings under this Part or Part 2, a copy of the record made pursuant to section 262 shall be made available to the court that is hearing those proceedings.

                  Notes
                  • Section 265(1)(d): amended, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
                  • Section 265(1)(e): amended, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
                  • Section 265(1)(h): replaced, on , by section 46 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).