Plain language law

New Zealand law explained for everyone

Corrections Act 2004

Corrections system - Establishment and operation of prisons - Detention and custody of prisoners

34A: Detention of child or young person serving sentence of imprisonment

You could also call this:

"Rules for detaining kids and young people serving time in a special residence"

Illustration for Corrections Act 2004

If you are a young person serving a sentence of imprisonment, you may be detained in a special residence approved by the chief executive of the department responsible for the administration of the Oranga Tamariki Act 1989. You will still be subject to the rules of the Corrections Act and the Parole Act 2002. The terms child, young person, and residence have the same meanings as they do in the Oranga Tamariki Act 1989.

If you are a child serving a sentence of imprisonment, you must be detained in one of these special residences. The rules that apply to you are the same as those for young people, with some modifications to suit your situation. You can find more information about what it means to be a child or young person in the Oranga Tamariki Act 1989.

The Corrections Act and the Parole Act 2002 still apply to you, even if you are detained in a special residence. This means you will still have to follow the rules and regulations of these Acts. The chief executive of the department responsible for the administration of the Oranga Tamariki Act 1989 will make sure you are detained in a suitable residence.

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 It might be out of date or be missing some parts.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=DLM5340700.

Topics:
Crime and justice > Criminal lawFamily and relationships > Children and parentingGovernment and voting > Government departments
Previous

34: Detention of prisoners, or

"What happens when you are sent to prison or held by the police"

Next

35: Detention during transit, or

"Being held somewhere temporarily while moving to or from prison"

Part 2Corrections system
Establishment and operation of prisons: Detention and custody of prisoners

34ADetention of child or young person serving sentence of imprisonment

  1. Notwithstanding anything in this Act,—

  2. any young person who is serving a sentence of imprisonment may be detained under that sentence in any residence approved by the chief executive of the department for the time being responsible for the administration of the Oranga Tamariki Act 1989 and the chief executive; and
    1. any child who is serving a sentence of imprisonment must be detained under that sentence in such a residence.

      1. The provisions of this Act and of the Parole Act 2002, and regulations made under those Acts, continue to apply, with any necessary modifications, to a child or young person who is detained for the time being in a residence in accordance with subsection (1).

      2. For the purposes of this section, the terms child, young person, and residence have the same meanings as they have in the Oranga Tamariki Act 1989.

      Compare
      Notes
      • Section 34A: inserted, on , by section 4 of the Corrections Amendment Act 2011 (2011 No 84).
      • Section 34A(1)(a): amended, on , by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
      • Section 34A(3): amended, on , by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).