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Oranga Tamariki Act 1989

Youth justice - Supervision with residence orders

311: Supervision with residence order

You could also call this:

"Staying with a caregiver and following rules to help you behave"

Illustration for Oranga Tamariki Act 1989

If you are a young person and you do something wrong, you might go to the Youth Court. The Youth Court can make you stay with the chief executive for 3 to 6 months. You will have to do what the chief executive says.

The Youth Court can also say you have to do a special programme or activity. This is in addition to staying with the chief executive. You might have to go to a special centre and take part in activities.

When the Youth Court makes this order, they must also think about letting you out early under section 314. They will look at this again after two-thirds of your time is up. The Youth Court must also make another order that says you will be supervised by the chief executive for 6 to 12 months.

This supervision order might say you have to go to a special centre, do a programme or activity, or live at a certain address. The order will start when your time with the chief executive is finished, or when you are released early. You will have to follow the conditions of this order.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM154005.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal helpFamily and relationships > Children and parenting
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310: Suspension, cancellation, and variation of supervision order or supervision with activity order, or

"Changing or stopping a supervision order that helps keep you safe"

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312: Effect of supervision with residence order, or

"What happens when the court puts you in care and makes decisions for you like a parent."

Part 4Youth justice
Supervision with residence orders

311Supervision with residence 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 in the custody of the chief executive for a period of not less than 3 months and not more than 6 months.

  2. If the Youth Court makes an order under subsection (1) in respect of a young person, the order may (subject to section 290A) be made subject to the condition that the young person undertake any specified programme or activity.

  3. If the Youth Court makes an order under subsection (1) in respect of a young person, the court must—

  4. adjourn the proceedings to a date on which it will consider early release under section 314, and that is—
    1. the date on which two-thirds of the period of the order under subsection (1) will have elapsed; or
      1. if it is not practicable to hold a hearing on that date, a date not more than 7 working days before that date; and
      2. make an order under section 283(k) placing that young person under the supervision of the chief executive for a period of not less than 6 months and not more than 12 months.

        1. The order required by subsection (2A)(b) must be made either at the same time as the order made under subsection (1) or after that time but—

        2. before the expiry of the order made under subsection (1); or
          1. before or on the date on which the young person is released from the custody of the chief executive under section 314, if that is earlier than the expiry of the order made under subsection (1).

            1. The order required by subsection (2A)(b) must come into force on the earlier of the expiry specified in subsection (3)(a) and the date specified in subsection (3)(b), and may be made subject to all or any of the following conditions (which, if imposed by the court, apply in addition to the conditions required by section 305 and to any conditions the court imposes under section 306):

            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. that the young person reside at an address specified by the court.

                  Notes
                  • Section 311: replaced, on , by section 36 of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).
                  • Section 311(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                  • Section 311(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                  • Section 311(2A): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                  • Section 311(2A)(a): replaced, on , by section 5 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2013 (2013 No 110).
                  • Section 311(3): replaced, on , by section 40 of the Oranga Tamariki Amendment Act 2022 (2022 No 81).