Plain language law

New Zealand law explained for everyone

Oranga Tamariki Act 1989

Youth justice - Provisions relating to supervision orders and supervision with activity orders

308A: Judicial monitoring of compliance with conditions of supervision or supervision with activity order

You could also call this:

"The court checks if you're following the rules of your supervision order"

Illustration for Oranga Tamariki Act 1989

The court can check if you are following the rules of a supervision order. This happens if you did not follow the rules before and the court says so under section 296B(3). The court can also check if you have broken the law before and got a supervision order.

The court checks if you are following the rules at certain times. You will be checked within three months of the court's decision. Then you will be checked every three months after that.

You will get a written statement with the rules you must follow, as stated in section 340. You will also get notice of any changes to the check-in times. The court can decide to check on you if you have been to the District Court or the High Court before and got a certain type of sentence, such as a community-based sentence as defined in section 4(1) of the Sentencing Act 2002, or a sentence of home detention imposed under section 80A of the Sentencing Act 2002.

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 It might be out of date or be missing some parts.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=DLM3277606.

Topics:
Crime and justice > Courts and legal help
Previous

308: Conditions of supervision with activity order, or

"Rules you must follow when you get a supervision with activity order"

Next

308B: Effect of judicial monitoring direction, or

"What happens when a court orders you to check in and follow a plan to achieve your goals"

Part 4Youth justice
Provisions relating to supervision orders and supervision with activity orders

308AJudicial monitoring of compliance with conditions of supervision or supervision with activity order

  1. The court may direct that a young person's compliance with 1 or more specified conditions of a supervision or supervision with activity order made in respect of a young person is to be monitored judicially at the times specified in the direction (or at any other replacement monitoring times the court specifies) if—

  2. the order is one made or varied by the court after declaring under section 296B(3) that the young person has without reasonable excuse failed to comply satisfactorily with a term, condition, or other requirement of a supervision or supervision with activity order made in respect of the young person; or
    1. the order is one made by the court under section 283 after a charge against the young person in respect of an offence is proved before the court and the young person has previously been the subject of an order under section 283 made in respect of another offence and that previous order is, or is an order more restrictive than, a supervision order under section 283(k); or
      1. the young person has previously been convicted of an offence in the District Court or the High Court and, as a result of the conviction, sentenced by the District Court or by the High Court to—
        1. a community-based sentence (as defined in section 4(1) of the Sentencing Act 2002); or
          1. a sentence of home detention imposed under section 80A of the Sentencing Act 2002; or
            1. a sentence of imprisonment (as so defined).

            2. The times specified in a direction under subsection (1) (and any replacement monitoring times the court specifies) must require monitoring of the young person's compliance with the conditions specified in the direction—

            3. at a time not later than 3 months after the date on which the direction was given; and
              1. at least once every 3 months after that time.

                1. The young person must be—

                2. given or supplied the terms of the direction by a written statement under section 340; and
                  1. given reasonable written notice of any replacement times the court specifies.

                    Notes
                    • Section 308A: inserted, on , by section 34 of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).
                    • Section 308A(1)(c): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).