Oranga Tamariki Act 1989

Youth justice - Review of orders for periods of at least 8 months

319A: Orders must be reviewed

You could also call this:

"The court checks on orders to make sure you're getting the help you need."

Illustration for Oranga Tamariki Act 1989

If you get a certain type of order from the court, the court must review it. This type of order includes a mentoring programme order, an alcohol or drug rehabilitation programme order, or a supervision order that lasts for at least 8 months. The court will choose a date to review the order, which must be within 6 months of the order starting.

When the court reviews the order, they will look at a plan that was made for you. The person who made the plan will review it and give the court a report on how you are doing. The report will say what you have achieved and what you still need to work on.

The court will use this report to decide what to do next with your order. They might change the order, or they might keep it the same. They can also ask for another report if they need more information. The court will listen to what you and others have to say before making a decision.

The report will also say if the people involved in your case agree with the recommendations. This includes people who got a copy of your plan, as required by section 191 and section 339. The court will consider all of this information when deciding what to do with your order.

The court can use powers from section 296E to make changes to your order. They can also ask for another report or plan if they need more information. The court's goal is to make sure you are getting the help and support you need.

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This page was last updated on 25 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3277654.

Topics:

Crime and justice > Courts and legal helpFamily and relationships > Children and parenting

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Part 4Youth justice
Review of orders for periods of at least 8 months

319AOrders must be reviewed

This section applies to an order only if the order is—
a mentoring programme order under section 283(jb) requiring the young person to attend in a specified manner for a period of at least 8 months a specified mentoring programme; or
an alcohol or drug rehabilitation programme order under section 283(jc) requiring the young person to attend in a specified manner for a period of at least 8 months a specified alcohol or drug rehabilitation programme; or
a supervision order under section 311(2A) that accompanies a supervision with residence order and places the young person under the supervision of the chief executive for a period of at least 8 months.

After making an order to which this section applies, the court—
must fix promptly a date (which must be not later than 6 months after the order comes into force, and before it expires) for review of the plan that was prepared in respect of the order in accordance with section 335 (the plan); and
may direct who is to review the plan (and if it does not make a direction, the person who prepared the plan is deemed to have been directed to review it under this paragraph); and
may, at any time, and either on its own initiative or on the application of a party to the proceedings or a barrister or solicitor or youth advocate representing the young person, amend a direction made or deemed to be made under paragraph (b), or revoke it and substitute another direction.

On or before the date fixed under subsection (2)(a), the person who is directed to review the plan must review the plan and furnish to the court—
a report setting out the results of the review; and
a revised plan in respect of the young person.

The report furnished to the court under subsection (3) must—
state which of the objectives set out in the plan have been achieved and which of those objectives are yet to be achieved:
state, in respect of those objectives that are yet to be achieved, what action is required to achieve those objectives:
recommend, in respect of any order made by the court under this Part in relation to the young person to whom the plan relates, whether that order should continue in force, or be varied, suspended, or discharged, and whether any condition of that order should be continued in force, or be varied, suspended, or discharged, and the reasons for those recommendations:
state, in respect of those persons who were required to be given a copy of the plan pursuant to section 191 (as applied by section 339), whether each of those persons agrees with the recommendations contained in the report.

The court must consider a report furnished to it pursuant to subsection (3) and the accompanying revised plan, and, after giving such persons (if any) as it thinks fit an opportunity to be heard, the court may do either or both of the following things:
exercise, in relation to the order (if it remains in force), any of the powers set out in section 296E as if an application had been made in relation to the order under that section:
if the court considers the report furnished under subsection (3), or the revised plan, or both, to be inadequate, direct the person who prepared the report to furnish to the court a further report, or a further revised plan, or both, ensuring that the direction to that person indicates any specific matter that it requires to be dealt with in that report or plan.

Notes

Section 319A: inserted, on 1 October 2010, by section 40 of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).