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Oranga Tamariki Act 1989

Youth justice - Jurisdiction of Youth Court

280: Court may refer case to care and protection co-ordinator to determine whether matter should be dealt with under Part 2

You could also call this:

"Court can send your case to a helper to decide if you need care or protection"

Illustration for Oranga Tamariki Act 1989

If you are in court because of something you did, the court might think you need care or protection. The court can send your case to a care and protection co-ordinator to decide if it should be dealt with under Part 2, as defined in section 14. They will look at your situation and decide what to do next.

If the court sends your case to a care and protection co-ordinator, they can stop your court case for now. They will wait to see what the care and protection co-ordinator says, and if someone asks for a care or protection order for you, the court case will wait until that is sorted out. The court can also stop your charge under section 282 at any time.

If you have been charged with something and your court case is stopped, the court can come back to it later. They can stop the charge at any time, and they will look at what the care and protection co-ordinator says before they make a decision.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM153428.

Topics:
Crime and justice > Courts and legal help
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"Court considers family meeting ideas when deciding your case"

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280A: Court may refer case to person who commenced proceeding to be dealt with as child offending care or protection proceeding under Part 2, or

"Court can send your case to be considered for care or protection instead of a normal court process."

Part 4Youth justice
Jurisdiction of Youth Court

280Court may refer case to care and protection co-ordinator to determine whether matter should be dealt with under Part 2

  1. If, at any stage of the hearing of any proceedings under this Part in respect of a young person, it appears to the court that the young person may be in need of care or protection (as defined in section 14), the court may—

  2. refer the matter to a care and protection co-ordinator under section 19(1)(b); and
    1. adjourn the proceedings pending the outcome of that reference, and if an application for a care or protection order is made in respect of the young person, may adjourn the proceedings until that application is determined.

      1. Where any proceedings in respect of any charging document filed against a young person for an offence are adjourned pursuant to subsection (1), the court may, at any time, discharge the charge under section 282.

      Notes
      • Section 280(1)(b): amended, on , by section 117 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
      • Section 280(2): amended, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).