Oranga Tamariki Act 1989

Provisions relating to procedure in Youth Court - Written statement of terms of orders

340: Written statement of terms of certain orders to be given to young person

You could also call this:

"The court must give you a written explanation of what an order means and what you must do."

Illustration for Oranga Tamariki Act 1989

When the court makes a certain order about you, they must give you a written statement. This statement tells you what the order means and what you have to do. It also tells you what might happen if you do not follow the order.

The statement must be given to you and your lawyer before you leave the court. It must include things like the terms and conditions of the order, and any reasons why the court made the order. You can find more information about these orders in section 283 and section 296G of the Oranga Tamariki Act 1989.

If the court needs more time to give you the statement, they can ask you to stay at the court for up to one hour. If they cannot give you the statement before you leave the court, they must give it to you as soon as possible. The statement must also be given to your lawyer.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM154063.


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Part 5Provisions relating to procedure in Youth Court
Written statement of terms of orders

340Written statement of terms of certain orders to be given to young person

  1. After making an order under paragraph (ja), (jb), (jc), (k), (l), (m), (n), or (o) of section 283 or under section 296G, the court must, before the young person leaves the court, cause a written statement to be supplied to the young person to whom the order relates, and to the barrister or solicitor or youth advocate representing the young person, specifying—

  2. the terms and conditions of the order (for example, in the case of an intensive supervision order under section 296G, any additional curfew and electronic monitoring conditions under section 296J):
    1. if the young person's compliance with any of the conditions of the order is to be monitored judicially in accordance with a direction under section 308A, the terms of that direction:
      1. in the case of an order under section 283(n) or (o), the reasons for the making of that order:
        1. in the case of an intensive supervision order under section 296G that is subject to additional curfew and electronic monitoring conditions under section 296J, the reasons for the imposition of that additional electronic monitoring condition:
          1. possible consequences of a failure to comply with the order:
            1. provisions for variation of the order:
              1. rights of appeal against the order or the finding on which the order was based.
                1. However, subsection (1) applies to an order made under section 283(ja) only if that order is made in respect of, and requires attendance at a parenting education programme by, a young person who is, or is soon to be, a parent or guardian or other person having the care of a child.

                2. The court may for the purposes of subsection (1) direct that the young person must remain at the court for a period, not exceeding 1 hour, that may be necessary to enable the statement to be supplied to the young person.

                3. If it is not practicable to supply a written statement to the young person before the young person leaves the court, the statement must be supplied to the young person, and to the barrister or solicitor or youth advocate representing that young person, as soon as practicable.

                Compare
                Notes
                • Section 340: replaced, on , by section 46 of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).