Oranga Tamariki Act 1989

Youth justice - Disposal of proceedings in Youth Court

289: Court must impose least restrictive outcome adequate in circumstances

You could also call this:

"The court must choose the least restrictive option that is still fair and suitable for your situation."

Illustration for Oranga Tamariki Act 1989

When you are in the Youth Court, the court has to make a decision about what happens to you. The court must choose the option that is least restrictive, but still suitable for your situation. This means the court has to think about how restrictive each option is, and choose the one that is least restrictive, according to the hierarchy set out in section 283.

The court can only choose an option if they are satisfied that a less restrictive option would not be enough, considering the principles in section 208 and factors in section 284. This rule also applies if the court is making a decision about you because you did not follow the rules of an order, and they want to change the order. The court can change the order to a different one, including an intensive supervision order, as mentioned in section 296G, or any order they are allowed to make under section 296E.

This rule also applies if the court is making a decision about you because you ran away from the person in charge of you, and they want to change the order. The court can change the order to a different one, as mentioned in section 283, if they think it is necessary. The court has to follow this rule when making decisions about you, to make sure they choose the option that is best for your situation, considering the rules in section 296B and section 316.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM153450.


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288: Order in respect of parent or guardian or other person having care not to be made without first informing of proposal to make order and giving opportunity to make representations, or

"The court must tell your parents or caregivers about plans that affect you and listen to what you think before making a decision."


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290: Judge must record in writing reasons for supervision with residence or transfer order, or

"The Judge must write down why they made a special order about where you live or who takes care of you."

Part 4Youth justice
Disposal of proceedings in Youth Court

289Court must impose least restrictive outcome adequate in circumstances

  1. A court making a response or a permitted combination of responses under section 283 (including, without limitation, under section 297(a) or (b)) must—

  2. assess the restrictiveness of that outcome in accordance with the hierarchy set out in section 283; and
    1. not impose that outcome unless satisfied that a less restrictive outcome would, in the circumstances and having regard to the principles in section 208 and factors in section 284, be clearly inadequate.
      1. Subsection (1)(a) and (b) also apply to any outcome imposed by a court that on an application under section 296B(1)

      2. declares that a young person has without reasonable excuse failed to comply satisfactorily with a requirement of an order to which section 296B applies; and
        1. substitutes or otherwise makes under section 296B(3)(a), (b), or (c)
          1. any other order under section 283; or
            1. an intensive supervision order under section 296G (which for the purposes of subsection (1)(a) must be treated as if it were a group 5 response under section 283); or
              1. any order it is empowered to make under section 296E.
              2. Subsection (1)(a) and (b) also apply to any outcome imposed by a court that on an application under section 316(1)

              3. cancels a supervision with residence order made under section 311 in respect of a young person who the court is satisfied has, at any time while that order is in force, absconded from the custody of the chief executive; and
                1. substitutes under section 316(2)(b) any other order under section 283 that it could have made when the supervision with residence order was made.
                  Compare
                  Notes
                  • Section 289: replaced, on , by section 28 of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).