Oranga Tamariki Act 1989

Provisions relating to procedure in Youth Court - General

321: Application of Acts relating to bail, criminal disclosure, criminal procedure, victims' rights, and District Court

You could also call this:

"Rules from other laws apply in the Youth Court, like bail and victims' rights"

Illustration for Oranga Tamariki Act 1989

When you are in the Youth Court, some rules from other laws apply. These laws are about bail, criminal disclosure, and criminal procedure. They also cover victims' rights and the District Court.

Youth Court Judges have the same powers as District Court Judges. This means they can make decisions like a District Court Judge. Any officer of the District Court can also work as an officer of the Youth Court.

If you are a child or young person and you first appear in the Youth Court after being arrested, a Justice or Community Magistrate has certain powers. They can make decisions about you, like a District Court Judge. You can find more information about these powers in section 238(1) and section 246(b).

The Youth Court follows some rules from the Summary Proceedings Act 1957, with some changes. When a child or young person's finances are being discussed, a parent or guardian can be present. This is so they can support the child or young person.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM154029.


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Part 5Provisions relating to procedure in Youth Court
General

321Application of Acts relating to bail, criminal disclosure, criminal procedure, victims' rights, and District Court

  1. Subject to the provisions of this Act, the provisions set out in Schedule 1 shall apply, with such modifications as are indicated in that schedule or are necessary, to the Youth Court and to proceedings in that court, as the case may require.

  2. For the purposes of section 293, the Youth Court and its officers have all the powers and duties of the District Court and its officers respectively, and Part 3 of the Summary Proceedings Act 1957 shall apply accordingly with all necessary modifications and the following specific modification, namely, that where any child or young person is examined as to the means of that child or young person under that Part of that Act any parent or guardian or other person having the care of that child or young person may be present.

  3. In any provisions so applied, District Court Judge, Judge, and judicial officer, for the purposes of this Act, mean a Youth Court Judge exercising jurisdiction in the Youth Court.

  4. Any officer of the District Court may act as an officer of the Youth Court.

  5. For the avoidance of doubt, it is hereby declared that, in any case where a child or young person first appears before the Youth Court following their arrest, the following powers may be exercised in relation to the child or young person by a Justice or Community Magistrate:

  6. the powers conferred by section 238(1):
    1. where the child or young person is legally represented in the proceedings, the powers conferred by section 246(b).
      Compare
      • 1974 No 72 s 99
      Notes
      • Section 321 heading: replaced, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
      • Section 321 heading: amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 321 heading: amended, on , by section 8 of the Children, Young Persons, and Their Families Amendment Act 2014 (2014 No 36).
      • Section 321(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 321(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 321(3): replaced, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
      • Section 321(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 321(4): replaced, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 321(5): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
      • Section 321(5): inserted, on , by section 40 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
      • Section 321(5): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 321(5): amended, on , by section 7 of the District Courts Amendment Act 1998 (1998 No 76).