Oranga Tamariki Act 1989

Youth justice - Prosecution of children and young persons

248A: Chief executive to appoint youth advocate to represent child or young person if offence punishable by imprisonment of 10 years or more

You could also call this:

"A youth advocate will be appointed to help you if you're in trouble with the law for something serious."

Illustration for Oranga Tamariki Act 1989

If you have done something that might be against the law and it is a serious offence, you might need to go to a family group conference. A family group conference is a meeting where people talk about what to do next. The chief executive must appoint a youth advocate to represent you at this meeting if you do not already have a lawyer.

You will have a youth advocate unless the chief executive knows you already have a lawyer or will get one soon. If your lawyer arrangement does not work out, the chief executive will appoint a youth advocate for you. The rules about who can be a youth advocate and how they get paid are made under section 447(1)(db).

Some other rules, like section 324(1) and (3)(b), also apply to your youth advocate, but with some changes to suit your situation. This means your youth advocate has to follow those rules when helping you. The chief executive chooses your youth advocate according to the rules.

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 It might be out of date or be missing some parts.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=LMS222642.


Previous

248: Family group conference not required in certain cases, or

"When a young person commits a crime, they might not need a family group conference in some situations."


Next

249: Time limits for convening of family group conferences, or

"How long it takes to set up and finish a family group conference about you"

Part 4Youth justice
Prosecution of children and young persons

248AChief executive to appoint youth advocate to represent child or young person if offence punishable by imprisonment of 10 years or more

  1. This section applies if—

  2. an offence referred to in section 245(1) is an offence punishable by imprisonment of 10 years or more; and
    1. a youth justice co-ordinator is required to convene a family group conference because they have received a notification under section 247(b) relating to that offence.
      1. Before the family group conference is convened, the chief executive must appoint a youth advocate to represent the child or young person at the family group conference unless the chief executive is satisfied that legal representation has been arranged (or is to be arranged) for the child or young person in relation to the family group conference.

      2. If an arrangement described in subsection (2) ceases (or fails to come into being), the chief executive must appoint a youth advocate to represent the child or young person at the family group conference.

      3. The appointment of (including any eligibility criteria that will apply) and payment of a youth advocate must be made in accordance with any regulations made under section 447(1)(db).

      4. Section 324(1) and (3)(b) applies to a youth advocate appointed under this section with any necessary modifications.

      Notes
      • Section 248A: inserted, on , by section 108 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
      • Section 248A(1): replaced, on , by section 35(1) of the Oranga Tamariki Amendment Act 2022 (2022 No 81).
      • Section 248A(2): replaced, on , by section 35(2) of the Oranga Tamariki Amendment Act 2022 (2022 No 81).
      • Section 248A(2A): inserted, on , by section 35(2) of the Oranga Tamariki Amendment Act 2022 (2022 No 81).