Oranga Tamariki Act 1989

Youth justice - Jurisdiction of Youth Court

276AA: Youth Court determination whether charge related to charge for Schedule 1A offence

You could also call this:

"Youth Court decides if two charges against you are related or not."

Illustration for Oranga Tamariki Act 1989

If you are 17 years old and charged with a Schedule 1A offence and another offence, the prosecutor can ask the Youth Court to decide if the two charges are related. The prosecutor must ask for this decision as soon as possible after the charges are filed. The Youth Court will then make a decision on whether the charges are related.

When making this decision, the court can consider what you and the prosecutor agree on, as well as any written or oral submissions you or the prosecutor make. The court will decide if the charges are related by looking at whether they happened at the same time or as part of the same series of events. A series of events is decided by when they happened, what allegedly occurred, and any other connections between the events that the court thinks are important.

If the prosecutor asks the Youth Court to make this decision, the court must do so, and they will look at the details of the charges to make their decision. You can find more information about the law that allows the Youth Court to make this decision in the Oranga Tamariki Legislation Act 2019. The Youth Court's decision will depend on the specific circumstances of your case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS225706.


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276: Child or young person may forgo right to jury trial and elect to have proceedings determined by Youth Court, or

"You can choose to have your court case heard by a Youth Court Judge instead of a jury."


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276AB: Transfer of related charge to District Court or High Court, or

"When you have two related charges, one might be moved to a different court so they can be heard together."

Part 4Youth justice
Jurisdiction of Youth Court

276AAYouth Court determination whether charge related to charge for Schedule 1A offence

  1. This section applies to a young person aged 17 years who is charged with a Schedule 1A offence and a non-Schedule 1A offence.

  2. The prosecutor may seek a determination from the Youth Court that the charge for the non-Schedule 1A offence is related to the charge for the Schedule 1A offence.

  3. If the prosecutor intends to seek a determination, the prosecutor must do so as soon as practicable after the later of the charges is filed.

  4. If the prosecutor seeks a determination under subsection (2), the Youth Court must determine the matter.

  5. In making a determination, the court may take into consideration—

  6. any agreement of the parties:
    1. written or oral submissions of the parties.
      1. For the purpose of this section,—

      2. a charge (B) is related to another charge (A) where the offending for which charge B is filed arises from the same incident or series of incidents as the offending for which charge A is filed; and
        1. a series of incidents is determined by—
          1. the time at which they occurred:
            1. the overall nature of the alleged offending:
              1. any other relationship between the alleged offending that the court considers relevant.
              Notes
              • Section 276AA: inserted, on , by section 12 of the Oranga Tamariki Legislation Act 2019 (2019 No 30).