Plain language law

New Zealand law explained for everyone

Oranga Tamariki Act 1989

Youth justice - Failure to comply with, and variation and cancellation of, specified orders

296B: Failure to comply

You could also call this:

"What happens if you don't follow the rules of a court order"

Illustration for Oranga Tamariki Act 1989

If you do not follow the rules of an order, someone can ask the court to look at what you have done. This can happen if you have not followed the rules of an order made under section 296A(1). The person who asks the court to look at what you have done depends on what type of order it is.

If the court decides you have not followed the rules of the order without a good reason, it can make a special statement saying so. The court can then cancel the order and make a new one, or make a different type of order. The court has to follow the rules and make a decision that is fair and right for you.

After the court makes a new order, it can also decide to keep a close eye on you to make sure you follow the new rules. This is called judicial monitoring and it is done according to the rules in section 308A. The court always tries to make the least restrictive decision, as stated in section 289(2), which means it tries to make a decision that gives you as much freedom as possible while still keeping you safe.

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 It might be out of date or be missing some parts.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=DLM3275479.

Topics:
Crime and justice > Courts and legal help
Previous

296A: Orders to which sections 296B and 296E apply, or

"Rules for following court orders to help you or your family"

Next

296C: Warrant to have young person arrested and brought before court, or

"A court order to arrest a young person who broke the rules and bring them to court."

Part 4Youth justice
Failure to comply with, and variation and cancellation of, specified orders

296BFailure to comply

  1. If the young person has without reasonable excuse failed to comply satisfactorily with a term, condition, or other requirement of an order specified in section 296A(1), an application for a declaration to that effect may be made by—

  2. the chief executive, if the order is one under section 283(ja), (jb), or (jc); or
    1. the chief executive or, as the case may be, the person or organisation specified in the order under whose supervision the young person has been placed, if the order is one under section 283(k), 296G, or 307; or
      1. a constable, if the order is one under section 296G and the failure to comply is with a curfew condition imposed under section 296J(1); or
        1. the chief executive or the person or organisation supervising the order, if the order is one under section 298.

          1. Every application under subsection (1) must be served on the young person to whom the order relates and on any parent or guardian or other person having the care of the young person.

          2. If satisfied on an application under subsection (1) that the young person has without reasonable excuse failed to comply satisfactorily with a term, condition, or other requirement of an order to which this section applies, the court may make a declaration to that effect and may—

          3. cancel the order, and in substitution for that order make any other order under section 283 the court thinks fit; or
            1. make any order the court is empowered to make under section 296E as if an application had been made under that section in relation to that order; or
              1. if the condition concerned is one the young person's compliance with which is the subject of judicial monitoring in accordance with a direction under section 308A, cancel the order, and in substitution for that order make an intensive supervision order under section 296G.

                1. On or after making or varying under subsection (3)(a) or (b) a supervision order or supervision with activity order in respect of a young person, the court may in accordance with section 308A(1)(a) direct that the young person's compliance with 1 or more specified conditions of the order is to be monitored judicially.

                2. Subsection (3) is subject to section 289(2) (on the court imposing the least restrictive outcome that is adequate in the circumstances).

                Notes
                • Section 296B: inserted, on , by section 29 of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).
                • Section 296B(1)(a): 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 296B(1)(d): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).