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Oranga Tamariki Act 1989

Youth justice - Disposal of proceedings in Youth Court

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

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

When you are in the Youth Court for an offence, the court must think about whether a family group conference should be held. This happens even if someone has already said they don't want a family group conference, as stated in section 248. The court thinks about this before they hear the charge or make any decisions about the offence, especially if section 281 would normally require a family group conference.

The court considers whether a family group conference should still be held, in relation to what happened, before making any decisions.

You can find more information about this in the Oranga Tamariki Act 1989.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM153431.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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281: Court not to make orders unless family group conference held, or

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

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281B: Court may direct holding of family group conference at any time, or

"The court can order a meeting to help decide what's best for a young person at any time."

Part 4Youth justice
Disposal of proceedings in Youth Court

281ACourt to consider whether family group conference should be held

  1. Where, in respect of any offence, the holding of a family group conference has been waived pursuant to section 248, the court shall,—

  2. before hearing the charge for that offence; or
    1. before making any order or exercising any power in any proceedings relating to or arising out of that offence, in any case where subsection (1) or subsection (2) of section 281 would otherwise require a family group conference to have been held in relation to the matter,—
        1. as the case may be, consider whether or not a family group conference should nevertheless be held in relation to the matter.

      Notes
      • Section 281A: inserted, on , by section 38 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
      • Section 281A(a): amended, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).