Oranga Tamariki Act 1989

Youth justice - Supervision with residence orders

314: Court must in certain cases release young person from custody before expiry of supervision with residence order

You could also call this:

"The court must let you out of custody early if you behave well and follow the rules."

Illustration for Oranga Tamariki Act 1989

The court must release you from custody before your supervision with residence order ends if you have not run away or committed any more offences while in custody. You must have also behaved well and complied with any rules or programmes you were given as part of your order, which was made under section 311. This includes following the plan made for you under section 335 and doing any activities or programmes you were told to do as part of your order.

The person in charge of your care, called the chief executive, must give the court a report before the court decides if you can be released early. The report must say if you have behaved well, complied with the rules, and done the activities or programmes you were told to do.

The court will use this report to decide if you can be released from custody early, based on what is said in section 311(2A)(a).

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This page was last updated on 25 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM154012.

Topics:

Crime and justice > Courts and legal helpCrime and justice > Criminal law

313: Court may make orders for access and exercise of other rights by parents and other persons, or

"Courts can help parents and others spend time with and make decisions for young people in care."

315: Supervision with residence order to cease to run if young person absconds, or

"If you run away from care, the time away doesn't count towards your care time."

Part 4Youth justice
Supervision with residence orders

314Court must in certain cases release young person from custody before expiry of supervision with residence order

The court must on the date on which under section 311(2A)(a) it will consider early release under this section release a young person from the custody of the chief executive pursuant to an order under section 311 if satisfied that during the period that the young person has been in that custody—
the young person has neither absconded nor committed any further offences; and
either the young person's behaviour and compliance with any obligations placed on the young person by the plan prepared under section 335 in respect of the order have been satisfactory or any misbehaviour and non-compliance of the young person have been minor; and
the young person has complied satisfactorily with any condition of the order that the young person undertake any specified programme or activity.

The chief executive must, as soon as practicable before the date on which under section 311(2A)(a) the court will consider early release under this section, prepare for, and furnish to, the court a report addressing the matters specified in subsection (1)(a) to (c).

Notes

Section 314: replaced, on 1 October 2010, by section 38 of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).
Section 314(1): amended, on 5 December 2013, by section 6(1) of the Children, Young Persons, and Their Families Amendment Act (No 2) 2013 (2013 No 110).
Section 314(1): amended, on 5 December 2013, by section 6(2) of the Children, Young Persons, and Their Families Amendment Act (No 2) 2013 (2013 No 110).
Section 314(2): amended, on 5 December 2013, by section 6(3) of the Children, Young Persons, and Their Families Amendment Act (No 2) 2013 (2013 No 110).