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Oranga Tamariki Act 1989

Youth justice - Provisions relating to supervision orders and supervision with activity orders

307: Supervision with activity order

You could also call this:

"When you do something wrong, the court can put you under supervision and make you do certain activities or programmes."

Illustration for Oranga Tamariki Act 1989

If you are a young person and you have done something wrong, the Youth Court can make an order that puts you under supervision. This means you will have to do what the person supervising you says. The court can also say you have to go to a certain centre and take part in activities.

The court can make another order that says you have to do a certain programme or activity. If the court makes this order, it can also say you have to be supervised by a certain person or organisation. This supervision can last for up to six months.

If the court thinks it would be better for you to live somewhere else so you can do the programme or activity, it can make an order that puts you in the custody of the chief executive or another organisation. The court must get the organisation's consent before making this order.

If you are put in custody, it is like you have been placed there under a different order, but there are some differences. For example, the order will expire under section 296, and the chief executive cannot place you in a certain type of residence. You can find more information about this in section 365 and section 364.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM153497.

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306: Power of court to impose additional conditions, or

"The court can add extra rules when it puts you under supervision."

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308: Conditions of supervision with activity order, or

"Rules you must follow when you get a supervision with activity order"

Part 4Youth justice
Provisions relating to supervision orders and supervision with activity orders

307Supervision with activity order

  1. If a charge against a young person is proved before the Youth Court, the court may make an order placing the young person under the supervision of the chief executive, or of any person or organisation specified in the order, for a period not exceeding 6 months, and (subject to section 290A) imposing either or both of the following conditions:

  2. that the young person attend and remain at, for any weekday, evening, and weekend hours each week and for any number of months the court thinks fit, any specified centre approved by the department, and take part in any activity required by the person in charge of the centre:
    1. that the young person undertake any specified programme or activity.

      1. If the court makes an order under subsection (1) in respect of a young person, it may at the same time or before that order expires make an order under section 283(k)—

      2. placing that young person under the supervision of the chief executive or such person or organisation as is specified in the order for such period (not exceeding 6 months) as the court may specify; and
        1. that must come into force on the expiry of the order made under subsection (1).

          1. This subsection applies if the court is satisfied that a programme or activity that a young person is required by a condition of an order under subsection (1) to take part in or undertake is unable to be provided to the young person while they live with the parents or guardians or other persons having the care of the young person.

          2. If subsection (3) applies, the court may, to enable the programme or activity referred to in subsection (3) to be provided to the young person, make an order placing the young person in the custody of the chief executive, an iwi social service, a cultural social service, or the director of a child and family support service.

          3. The court must not make an order under subsection (4) placing a young person in the custody of a person (other than the chief executive) or organisation unless that person consents to the making of the order.

          4. A custody order under subsection (4) has the same effect as if the young person had been placed in the custody of the relevant person or organisation under an order under section 101, except that—

          5. a custody order under subsection (4) expires under section 296 (and so generally not under section 108); and
            1. section 365 (which would empower the chief executive to place the young person in a residence established under section 364) does not apply to the young person.

              Notes
              • Section 307: replaced, on , by section 33 of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).
              • Section 307(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
              • Section 307(3): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
              • Section 307(6): replaced, on , by section 7 of the Children, Young Persons, and Their Families Amendment Act 2012 (2012 No 99).