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Oranga Tamariki Act 1989

Youth justice - Disposal of proceedings in Youth Court

285: Restrictions on power of court to make certain orders under section 283

You could also call this:

"Rules that limit what the Youth Court can decide for you"

Illustration for Oranga Tamariki Act 1989

When you are in the Youth Court, the court has to follow some rules. The court cannot make some orders if it has already made other orders. You can find these orders in section 283 of the Oranga Tamariki Act 1989.

If the court wants to give you a fine, it must make sure you can pay it within 12 months. The court cannot make some orders against the chief executive or your guardian. You can find out more about guardians in section 110 of the Oranga Tamariki Act 1989.

The court has to be careful when making orders that might overlap with other orders. It also has to consider what would be best for you and whether you should be sent to the District Court or the High Court for sentencing. You can find out more about community work orders in section 298, supervision with activity orders in section 307, and supervision with residence orders in section 311 of the Oranga Tamariki Act 1989. The court might also look at the Sentencing Act 2002, especially section 4(1) and section 80A.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM153442.

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Part 4Youth justice
Disposal of proceedings in Youth Court

285Restrictions on power of court to make certain orders under section 283

  1. The court shall not make an order under paragraph (c) of section 283 in any case where it makes an order under paragraph (k) or paragraph (m) or paragraph (n) of that section.

  2. The court shall not impose a fine under paragraph (d) of section 283 unless it is satisfied that the young person on whom the fine is imposed has the capacity to pay the fine within a period of 12 months from the date on which the fine is imposed.

  3. No orders shall be made under paragraph (f) or paragraph (g) of section 283 against the chief executive or any other person who has been appointed to be a guardian of a young person under section 110.

  4. Where the court exercises in respect of any young person the power conferred by paragraph (o) of section 283, it shall not exercise in respect of that young person any of its powers under paragraph (a) or paragraphs (c) to (n) of that section.

  5. The court shall not make an order under paragraph (l) or paragraph (m) or paragraph (n) of section 283 if that order would be concurrent with, or cumulative on,—

  6. any other order made under any of those paragraphs; or
    1. any community-based sentence (as that term is defined in section 4(1) of the Sentencing Act 2002; or
      1. any sentence of home detention imposed under section 80A of the Sentencing Act 2002; or
        1. any sentence of imprisonment (as that term is so defined),—
            1. unless that other order or that sentence will expire not later than 14 days after the date of the making of the first-mentioned order.

          1. The court may make an order under section 283(o) (that the young person be brought before the District Court or the High Court for sentence or decision) despite section 289 if,—

          2. but for subsection (5)(b), (ba), or (c), the court would have made an order under any of the following:
            1. section 283(l) (community work order under section 298):
              1. section 283(m) (supervision with activity order under section 307):
                1. section 283(n) (supervision with residence order under section 311); and
                2. the court considers that it would not be appropriate to make an order under any of paragraphs (a) to (k) of section 283 as an alternative to such an order; and
                  1. the order is made in respect of a young person—
                    1. who is of or over the age of 15 years; or
                      1. who is of or over the age of 14 years and under the age of 15 years and against whom the charge proved is a category 4 offence or category 3 offence for which the maximum penalty available is or includes imprisonment for life or for at least 14 years.

                      Compare
                      • 1974 No 72 s 36(1) proviso, (4)
                      • 1977 No 126 s 10(3)(a)
                      Notes
                      • Section 285(3): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
                      • Section 285(5)(b): amended, on , by section 186 of the Sentencing Act 2002 (2002 No 9).
                      • Section 285(5)(ba): inserted, on , by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).
                      • Section 285(5)(c): amended, on , by section 186 of the Sentencing Act 2002 (2002 No 9).
                      • Section 285(6): replaced, on , by section 25 of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).
                      • Section 285(6): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                      • Section 285(6): amended, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
                      • Section 285(6)(c)(ii): amended, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).