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Oranga Tamariki Act 1989

Youth justice - Jurisdiction of Youth Court

278: Parent or guardian may be summoned to appear when young person charged with offence

You could also call this:

"When a young person is in trouble with the law, their parent or guardian might be asked to go to court."

Illustration for Oranga Tamariki Act 1989

If you are a parent or guardian of a young person who has been charged with an offence, you might be asked to go to the Youth Court. A judge can send you a summons, which is like an official invitation, to come to court at a certain time. You will be asked to talk about things that are related to the case.

If you do not go to court when you are supposed to, you might get in trouble. You could be fined up to $1,000 if you do not have a good reason for not going. If you still do not show up, a judge can ask the police to bring you to court.

A judge can also ask you questions when you are in court. This is so they can understand what is going on and make a good decision about the case. You have to answer their questions truthfully.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM153425.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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Part 4Youth justice
Jurisdiction of Youth Court

278Parent or guardian may be summoned to appear when young person charged with offence

  1. Any Youth Court Judge or District Court Judge or Justice or Community Magistrate or Registrar (not being a constable) may, where a charging document is filed against a young person in respect of any offence, issue a summons to any parent, guardian, or person for the time being having the care of the young person, requiring that parent or guardian or person to appear before the Youth Court at a time to be named in the summons.

  2. At the hearing of the proceedings in respect of the offence any such parent or guardian or other person may be examined in respect of any matter relating to the proceedings.

  3. Every person commits an offence and is liable on conviction to a fine not exceeding $1,000 who, being required to appear before the Youth Court under this section, refuses or fails, without reasonable excuse, so to appear.

  4. In any case where a person does not appear in answer to a summons that has been served under this section, a Youth Court Judge or District Court Judge may direct the issue of a warrant to arrest that person and bring that person before the court.

Compare
  • 1974 No 72 s 39
Notes
  • Section 278(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 278(1): amended, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
  • Section 278(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
  • Section 278(1): amended, on , by section 7 of the District Courts Amendment Act 1998 (1998 No 76).
  • Section 278(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 278(3): amended, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).