Oranga Tamariki Act 1989

Youth justice - Jurisdiction of Youth Court

272A: Modifications and procedure for child aged 12 or 13 years charged with offence in section 272(1)(b) or (c)

You could also call this:

"Special rules for 12 and 13-year-olds who break the law"

Illustration for Oranga Tamariki Act 1989

If you are 12 or 13 years old and charged with a certain offence, some rules apply to you. These rules are different from the ones that apply to young people. The Youth Court has special powers when dealing with your case.

Some sections of the Oranga Tamariki Act, such as sections 236, 238(1)(e), 239(2), 242(2), and 365(1), do not apply to you. Also, sections 276(1)(a) and 277 do not apply to you.

The Youth Court can discharge a charge against you, even if the offence is serious. If you are charged with an offence, the Youth Court must be satisfied that you knew the act was wrong or against the law.

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Part 4Youth justice
Jurisdiction of Youth Court

272AModifications and procedure for child aged 12 or 13 years charged with offence in section 272(1)(b) or (c)

  1. The modifications referred to in section 272(2A)(b) in respect of a child aged 12 or 13 years charged with an offence specified in section 272(1)(b) or (c) are as follows:

  2. sections 236, 238(1)(e), 239(2), 242(2), and 365(1) (on Police custody and placements in residences) do not, despite those sections referring to a young person and section 272(2A)(b), extend or apply to the child as if the child were a young person; and
    1. sections 276(1)(a) and 277 do not extend or apply to the child as if the child were a young person; and
      1. section 282(1) applies as if it empowers the Youth Court to discharge a charge even if the offence is a category 4 offence; and
        1. a reference in this Act or regulations under it to the charge against the child being proved before the Youth Court must be treated as including a requirement that the Youth Court is satisfied that the child knew either—
          1. that the act or omission constituting the offence charged was wrong; or
            1. that it was contrary to law.
            2. Repealed
            3. Repealed
            4. Repealed
            5. Repealed
            6. Repealed
            Notes
            • Section 272A: inserted, on , by section 15 of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).
            • Section 272A(1)(b): replaced, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
            • Section 272A(1)(c): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
            • Section 272A(1)(c): amended, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
            • Section 272A(1)(d): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
            • Section 272A(2): repealed, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
            • Section 272A(3): repealed, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
            • Section 272A(4): repealed, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
            • Section 272A(5): repealed, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
            • Section 272A(6): repealed, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).