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Oranga Tamariki Act 1989

Youth justice - Disposal of proceedings in Youth Court

281: Court not to make orders unless family group conference held

You could also call this:

"The court won't decide what happens to you until your family and supporters have met to discuss it."

Illustration for Oranga Tamariki Act 1989

If you are in the Youth Court and you have done something wrong, the court will not make any decisions about what happens to you unless a family group conference has been held. A family group conference is a meeting where people who care about you talk about what you did and how you can make things right. The court has to give the family group conference a chance to talk about what should happen to you before the court makes any decisions.

If you are in the Youth Court because of a summons issued under section 295, the court cannot make certain decisions without first holding a family group conference. The court also cannot cancel certain orders, such as a mentoring programme order or a supervision order, and replace them with new orders without first holding a family group conference. This is so a family group conference can talk about what should happen to you.

The family group conference will be held within 14 days of the court deciding that one is needed, and it will follow the same rules as other family group conferences held under sections 250 to 269.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM153430.

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Crime and justice > Courts and legal helpFamily and relationships > Children and parenting
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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."

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281A: Court to consider whether family group conference should be held, or

"The court decides if a family meeting is needed when you're in trouble with the law."

Part 4Youth justice
Disposal of proceedings in Youth Court

281Court not to make orders unless family group conference held

  1. Subject to section 248, where a charge against a young person is proved before the Youth Court, the court shall not make any order under section 282 or section 283 unless a family group conference has had an opportunity to consider ways in which the court might deal with the young person in relation to the charge.

  2. The Youth Court shall not—

  3. if a young person appears before the court on a summons issued under section 295, exercise any of the powers conferred on it by section 295(2); or
    1. if the court under section 296B cancels a mentoring programme order, an alcohol or drug rehabilitation programme order, a supervision order, a community work order, a supervision with activity order, or an intensive supervision order under section 296G, substitute any other order in place of that order; or
      1. if the court under section 316 cancels a supervision with residence order, substitute any other order in place of that order,—
            1. unless a family group conference has first been convened to consider the matter, and for that purpose the court shall direct a youth justice co-ordinator to convene a family group conference in relation to the matter not later than 14 days after the date on which that direction is given.

          1. The provisions of sections 250 to 269 (other than section 259) shall apply, so far as applicable and with all necessary modifications, to every family group conference directed to be convened pursuant to subsection (2).

          Notes
          • Section 281(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 281(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 281(2)(a): replaced, on , by section 21 of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).
          • Section 281(2)(b): replaced, on , by section 21 of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).
          • Section 281(2)(c): replaced, on , by section 21 of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).
          • Section 281(2)(d): repealed, on , by section 21 of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).