Hon Paula Bennett
Government Bill
16—2
As reported from the Social Services Committee
Commentary
Key
1 Title
2 Commencement
3 Principal Act amended
Part 1Amendments to principal Act
4 Purpose of Part
4A Interpretation
5 Principles
5A Custody of child or young person pending hearing
5B Restrictions on power of Court to order child or young person to be detained in custody
6 New section 255 substituted
255 Youth justice co-ordinator must ensure that relevant information and advice made available to family group conference
7 Functions of family group conference
8 New section 259A inserted
259A Family group conference must consider attendance at parenting education, mentoring, and alcohol or drug rehabilitation programmes
9 Family group conference may make decisions, recommendations, and plans relating to care or protection of child or young person
10 Jurisdiction of Youth Court
11 New section 272A inserted
272A Modifications and procedure for child aged 12 or 13 years charged with offence in section 272(1)(b) or (c)
12 Manner of dealing with purely indictable offences or where person elects jury trial
12A Young person may forego right to jury trial and elect to have proceedings determined by Youth Court
12B Young person may plead guilty and elect to be dealt with by Youth Court
12C Provisions applicable where young person charged jointly with person who is not a young person
13 New section 280A inserted
280A Court may refer case to informant to be dealt with as child offending care or protection proceeding under Part 2
14 Court not to make orders unless family group conference held
14A Power of Court to discharge information
15 New section 283 substituted
283 Hierarchy of Court's responses if charge against young person proved
16 Factors to be taken into account on sentencing
17 Restrictions on power of Court to make certain orders under section 283
18 Person or organisation not to be required to supervise young person without consent
19 New section 286A inserted
286A Parenting education, mentoring, or alcohol or drug rehabilitation programme order: general requirement for provider to have first agreed to provide programme concerned, and making of order subject to conditions
20 New sections 288 to 290A substituted
288 Order in respect of parent or guardian or other person having care not to be made without first informing of proposal to make order and giving opportunity to make representations
289 Court must impose least restrictive outcome adequate in circumstances
290 Judge must record in writing reasons for supervision with residence or transfer order
290A Restriction on who may provide residential component of specified programme or activity
21 New headings and sections 296 to 296I substituted
296 Expiry of orders
Failure to comply with, and variation and cancellation of, specified orders
296A Orders to which sections 296B and 296C apply
296B Failure to comply
296BA Warrant to have young person arrested and brought before Court
296BB Execution of warrant under section 296BA
296C Variation and cancellation
296CA Interim suspension order
Intensive supervision orders
296D Intensive supervision order in response to young person's non-compliance with judicially monitored condition of supervision or supervision with activity order
296E Duty of chief executive to provide for supervision under intensive supervision order
296F Conditions of intensive supervision order
296G Additional conditions imposing curfew with or without electronic monitoring of compliance
296H Electronic monitoring
296HA Powers to detain and return, and arrest, young person breaching curfew condition
296I Review of intensive supervision order
22 New headings and sections 297A and 297B inserted
Parenting education programme orders
297A Written statements of terms, and how Court may respond to failures to comply
Alcohol or drug rehabilitation programme orders
297B Nature of programmes, who may consent to medical treatment, and related custody orders
23 Community work order
24 Sections 299 to 301 repealed
25 New section 307 substituted
307 Supervision with activity order
26 New sections 308A to 308C inserted
308A Judicial monitoring of compliance with conditions of supervision or supervision with activity order
308B Effect of judicial monitoring direction
308C Progress reports
27 Sections 309 and 310 repealed
28 New section 311 substituted
311 Supervision with residence order
28A Effect of supervision with residence order
29 New section 314 substituted
314 Court must in certain cases release young person from custody before expiry of supervision with residence order
29A Court may cancel supervision with residence order if young person absconds
30 New heading and section 319A inserted
Review of orders for periods of at least 8 months
319A Orders must be reviewed
31 Report to be made to Court on effectiveness of certain orders
32 Report by social worker
33 Report to be accompanied by plan
34 Privilege for reports
35 Access to reports and plans under this Part of this Act
36 New section 340 substituted
340 Written statement of terms of certain orders to be given to young person
37 Appeals from decisions of Youth Court by young person
38 Appeal by parents or guardians or other persons having care of young person
39 Chief executive may place children and young persons in residences
39A Closing of residences and transfer of residents
39B Person executing warrant to produce evidence of authority and identity
39C Authority to use facsimile copy of warrant
39D Regulations
40 New heading and section 456A inserted
2009 Amendment Act
456A Purpose and application
Part 2Amendments to other enactments
41 Amendments to Criminal Investigations (Bodily Samples) Act 1995
42 Amendment to Criminal Justice Act 1985
43 Amendment to Summary Proceedings Amendment Act (No 2) 2008 consequential on amendment to section 274(2)(a) of principal Act (committal proceedings in Youth Courts)
Legislative history
The Parliament of New Zealand enacts as follows: