Plain language law

New Zealand law explained for everyone

Oranga Tamariki Act 1989

Youth justice - Disposal of proceedings in Youth Court

290A: Restriction on who may provide residential component of specified programme or activity

You could also call this:

"Who can provide the live-in part of a programme for a young person"

Illustration for Oranga Tamariki Act 1989

When a court is thinking about making a young person do a certain programme or activity, it has to follow some rules. The court can only make the young person do the programme or activity if the part that needs the young person to live somewhere special is provided by the chief executive or a group that has been approved under section 396. The court has to make sure the right people are looking after the young person.

If the programme or activity has a part where the young person needs to live with the people providing it, this is called the residential component. You need to live with the people providing this part of the programme so they can help you. This means you have to stay where the programme is happening and be with the people running it.

The court is considering this when thinking about supervision with activity orders under section 307 or supervision with residence orders under section 311. The court has to be careful about who provides the residential component of the programme. This is an important part of making sure the young person gets the right help.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3275435.

Topics:
Crime and justice > Courts and legal helpGovernment and voting > Government departments
Previous

290: Judge must record in writing reasons for supervision with residence or transfer order, or

"The Judge must write down why they made a special order about where you live or who takes care of you."

Next

291: Transfer of other charges to District Court or High Court for sentence, or

"The court can make the same decision about other charges against you if it's allowed by law."

Part 4Youth justice
Disposal of proceedings in Youth Court

290ARestriction on who may provide residential component of specified programme or activity

  1. This section applies to a court considering whether to impose under section 307(1)(b) or 311(2) a condition that a young person undertake a specified programme or activity as a condition of—

  2. a supervision with activity order under section 307; or
    1. a supervision with residence order under section 311.

      1. The court must not impose the condition unless the residential component of the specified programme or activity is to be provided by—

      2. the chief executive; or
        1. a body or organisation approved under section 396.

          1. The residential component of a specified programme or activity means any component of the programme or activity that cannot be undertaken satisfactorily by a young person unless the young person resides—

          2. where that component is provided; and
            1. with, and under the control of, the provider.

              Notes
              • Section 290A: inserted, on , by section 28 of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).
              • Section 290A(3): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).