Oranga Tamariki Act 1989

Youth justice - Reports on effectiveness of orders

320: Report to be made to court on effectiveness of certain orders

You could also call this:

"The court gets a report to see if its orders worked for you."

Illustration for Oranga Tamariki Act 1989

When a court makes certain orders, like a community work order under section 298, the person in charge of the order must write a report for the court. You will want to know that this report is written when the order finishes. The report says if the order was effective.

If the court makes a parenting education programme order under section 238(ja), the person running the programme must write a report for the court when the order finishes. The report must say if the order was effective and how the young person responded to it. It must also say how any children or young people affected by the order responded to it.

The report must be sent to the young person, their lawyer, and the youth justice co-ordinator. You will get a copy of the report if it is about you. The report can include any other information that the person writing it thinks is relevant.

The person in charge must write a report when a young person finishes a programme or order, like a mentoring programme under section 283(jb) or an alcohol or drug rehabilitation programme under section 283(jc). The report is written to help the court understand what happened. It is an important part of the court process.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM154025.


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Part 4Youth justice
Reports on effectiveness of orders

320Report to be made to court on effectiveness of certain orders

  1. Where the court makes a community work order under section 298, the chief executive or, as the case may be, the person or organisation supervising the order shall, on the expiry of the order, furnish to the court a report in writing.

  2. If the court makes a parenting education programme order under section 238(ja), a mentoring programme order under section 283(jb), or an alcohol or drug rehabilitation programme order under section 283(jc), the person or organisation providing the programme specified in the order must, on the expiry of the order, furnish to the court a report in writing.

  3. Where, pursuant to an order made under section 283(k) or section 296G or section 307 (including any order made pursuant to section 307(2) or section 311(2A)), a young person is placed under the supervision of the chief executive or a person or organisation, the chief executive or, as the case may be, that person or organisation shall, on the expiry of the period specified in the order, furnish to the court a report in writing.

  4. Where, pursuant to an order made under section 311(1), a young person is placed in the custody of the chief executive, the chief executive shall, on the expiry of the order, furnish a report to the court in writing.

  5. Every report required by this section to be furnished to the court in relation to an order must contain—

  6. an assessment of the effectiveness of the order:
    1. an assessment of the response to the order of the young person or, if the order is a parenting education programme order made under section 283(ja), of—
      1. the responses to the order of the person in respect of whom the order was made; and
        1. if it is reasonably practicable to ascertain them, the responses to the order of every child or young person affected by the order (other than any young person in respect of whom the order was made):
        2. if the order is a parenting education programme order made under section 283(ja) and the person in respect of whom the order was made appears to have failed to comply with it, a recommendation whether the court under section 297A(4) should direct a care and protection co-ordinator to convene a family group conference under Part 2 for the purpose of considering matters relating to the care or protection of every child or young person affected by the order (other than any young person in respect of whom the order was made):
          1. any other information the person who is required to furnish the report considers relevant.
            1. Where, pursuant to this section, any person or organisation furnishes a report to the court, that person or organisation shall send a copy of that report to—

            2. the appropriate youth justice co-ordinator; and
              1. the young person to whom the report relates; and
                1. the barrister or solicitor or youth advocate representing that young person.
                  Notes
                  • Section 320(1): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
                  • Section 320(1A): inserted, on , by section 41(1) of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).
                  • Section 320(2): amended, on , by section 41(2) of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).
                  • Section 320(2): amended, on , by section 41(3) of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).
                  • Section 320(2): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
                  • Section 320(3): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
                  • Section 320(4): replaced, on , by section 41(4) of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).