Prof. Frank Früchtel: Juristische Grundlagen der Family Group Conference in Neuseeland; fr@nk-fruechtel.

de

http://legislation.knowledge-basket.co.nz/gpacts/public/text/1989/an/024.html

Children, Young Persons, and Their Families Act 1989

Commenced: 1 Nov 1989

Title
1 Short Title and commencement
2 Interpretation
3 Act to bind the Crown

I: General Objects, Principles, and Duties

4 Objects
5 General Principles: Principles to be applied in exercise of powers conferred by this Act
6 Welfare and interests of child or young person deciding factor

General Duties
7 Duties of Director-General
8 Parents and others to be informed of decisions
9 Interpreters
10 Duty of Court and counsel to explain proceedings
11 Duty of Court and counsel to encourage and assist child or young person to participate
in proceedings
12 Duty of medical practitioner to minimise distress to child or young person

II: Care and Protection of Children and Young Persons

13 Principles
14 Definition of child or young person in need of care or protection

Reporting of Child Abuse

15 Reporting of ill-treatment or neglect of child or young person
16 Protection of person reporting ill-treatment or neglect of child or young person
17 Investigation of report of ill-treatment or neglect of child or young person
18 Referral of care or protection cases to Care and Protection Co-ordinator or Youth
Justice Co-ordinator by Social Workers or members of the Police
19 Referral of care or protection cases to Care and Protection Co-ordinator by other
persons or by Court

Family Group Conferences

20 Convening of family group conferences
21 Care and Protection Co-ordinator to consult family, whanau, or family group on
convening of family group conference
22 Persons entitled to attend family group conference
23 Care and Protection Co-ordinator to ensure that relevant information and advice made
available to family group conference
24 Care and Protection Co-ordinator to ascertain views of persons unable to attend
family group conference
25 Notification of convening of family group conference
26 Procedure at family group conference
27 Department to provide administrative services to family group conference

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28 Functions of family group conference

29 Family group conference may make decisions and recommendations and formulate
plans
30 Care and Protection Co-ordinator to seek agreement to decisions, recommendations,
and plans of family group conference
31 Procedure where no agreement possible
32 Records of decisions, recommendations, and plans of family group conferences to be
made available to interested persons
33 Department to maintain records of proceedings of family group conferences
34 Director-General to give effect to decisions, recommendations, and plans of family
group conference
35 Police to comply with decisions, recommendations, and plans of family group
conference
36 Family group conference may reconvene to review its decisions, recommendations,
and plans
37 Proceedings of family group conference privileged
38 Proceedings of family group conference not to be published

Powers to Remove Child or Young Person

39 Place of safety warrants
40 Warrant to remove child or young person
41 Person executing warrant to produce evidence of authority and identity
42 Search without warrant
43 Placement of child or young person placed in custody of Director-General
44 Parent or guardian may apply for release of or access to child or young person
45 Child or young person placed in custody of Director-General to be brought before
Court within 5 days unless sooner released
46 Powers of Court where application made under section 44 or child or young person
brought before Court under section 45
47 Social Worker or member of Police to furnish report to Commissioner where child or
young person released before required to be brought before Court
48 Unaccompanied children and young persons

Medical Examination of Child or Young Person

49 Court may order medical examination of child or young person
50 Ex parte application for order for medical examination
51 Court may impose conditions on order for medical examination
52 Medical practitioner to prepare report on examination
53 Medical examination of child or young person at request of Social Worker
54 Child or young person entitled to have adult present
55 Restrictions on internal examinations and examinations under general anaesthetic
56 Medical practitioner to prepare report on examination
57 Social Worker to make report to Director-General
58 Fees for reports prepared under section 52 or section 56

Production of Documents Relevant to Investigation

59 Application for production of documents relevant to investigation of whether child or
young person in need of care or protection
60 Ex parte application for order for production of document
61 Court may order document to be produced
62 Section 61 to apply notwithstanding any enactment or rule of law
63 Right to remove, retain, and make copies of document produced under section 61
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Prof. Frank Früchtel: Juristische Grundlagen der Family Group Conference in Neuseeland; [email protected]

64 Document produced under section 61 not to be used for any other purpose
65 Use of documents in subsequent proceedings
66 Government Departments may be required to supply information

Proceedings in Respect of Children and Young Persons in Need of Care or

Protection
67 Grounds for declaration that child or young person is in need of care or protection
68 Application for declaration that child or young person is in need of care or protection
69 Joint applications
70 No application to be made unless family group conference has been held
71 Court may make declaration in absence of proof of responsibility for neglect or
ill-treatment of child or young person
72 Court not to make declaration unless family group conference held
73 Court not to make declaration unless satisfied that child's or young person's need for
care or protection cannot be met by other means

Counselling
74 Court may require parties to undergo counselling
75 Counsellor to arrange meeting and submit report on outcome
76 Fees
77 Privilege

Custody of Child or Young Person Pending Determination of Application for

Declaration
78 Custody of child or young person pending determination of application
79 Persons who may be granted custody under section 78
80 Effect of order made under section 78
81 Powers of Director-General under order made under section 78
82 Director-General may return child or young person to person who previously had care

Orders Under this Part of this Act

83 Orders of Court on making of declaration
84 Power to make other orders where declaration made on ground of child's offending
85 Recall to come before Court

Services Orders
86 Services orders

Restraining Orders
87 Restraining orders
88 Interim restraining orders
89 Offence to contravene restraining order or interim restraining order
90 When restraining order shall cease to have effect

Support Orders
91 Support orders
92 Interim support orders
93 Duty to provide support
94 Duty of Director-General to appoint Social Worker to provide support
95 Conditions of support order or interim support order
96 Power of Court to impose additional conditions

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Prof. Frank Früchtel: Juristische Grundlagen der Family Group Conference in Neuseeland; [email protected]

97 Court may impose conditions in respect of parent, guardian, etc., of child or young
person
98 Court not to impose condition requiring medical treatment without person's consent
99 Person or organisation providing support to child or young person to report to Court
100 Failure to observe conditions of support order

Custody Orders
101 Custody orders
102 Interim custody orders
103 Court may impose conditions to facilitate return of child or young person
104 Effect of custody order
105 Living arrangements for child or young person placed in custody of Director-General
106 Living arrangements where child or young person placed in custody of Iwi Authority,
Cultural Authority, or Director of Child and Family Support Service
107 Person in whose custody child or young person is placed may determine access
rights in absence of Court order
108 When custody order shall cease to have effect
109 Custody to revert on expiry of order

Guardianship Orders
110 Guardianship orders
111 Person not to be appointed as guardian without consent
112 Director-General may be appointed as guardian for specific purpose
113 Court may impose conditions to facilitate return of child or young person
114 Effect of guardianship order
115 Disputes between guardians
116 Review of guardian's decision or refusal to give consent
117 When guardianship orders to cease to have effect
118 Reversion of guardianship on expiry or discharge of guardianship order
119 Guardianship of child or young person on death of person appointed as guardian
under this Act

Effect of Custody and Guardianship Orders on Jurisdiction Under Guardianship

Act 1968
120 Restriction on making of guardianship, custody, and access orders under
Guardianship Act 1968

Access and Exercise of Other Rights

121 Court may make orders for access and exercise of other rights by parents and other
persons
122 Enforcement of access rights
123 Power of entry
124 Person executing warrant to produce evidence of authority and identity

Variation and Discharge of Orders

125 Application for variation or discharge of orders made under this Part of this Act
126 Persons who may apply for variation or discharge of order
127 Court may vary or discharge order

Plans for Children and Young Persons

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128 Court to obtain and consider plan for child or young person before making certain
orders
129 Court to direct who is to prepare plan
130 Content of plans
131 Adjournment for purposes of obtaining plan
132 Access to plans
133 Court may order plan not to be disclosed
134 Court to set date for review of plan
135 Review of plan
136 Access to reports and revised plans
137 Court to consider report and make directions
138 Court to set date for further review of plan

Agreements for Care of Children and Young Persons

139 Agreements for temporary care of children and young persons by Director-General,
Iwi Authority, Cultural Authority, or Child and Family Support Service
140 Agreements for extended care of children and young persons by Director-General,
Iwi Authority, Cultural Authority, or Child and Family Support Service
141 Agreements for extended care of severely disabled children and young persons
142 Agreements with controlling authorities of homes registered under Disabled Persons
Community Welfare Act 1975
143 All parents or guardians not required to be party to agreement
144 Agreement not to be made without consent of child or young person
145 Agreement not to be made without approval of family group conference
146 Form and terms of agreements
147 Further restrictions on making of agreements
148 Effect of agreements
149 Agreement may provide for consent to medical treatment

III: Provisions Relating to Procedure

in Respect of Proceedings Under Part II

Courts Having Jurisdiction Under Part II

150 Jurisdiction of Family Courts
151 Jurisdiction of District Courts in cases of urgency

Service of Applications
152 Service of application for declaration
153 Notice of application for declaration to be given to child or young person
154 Service of application for variation or discharge of order
155 Court may dispense with service

Attendance of Parties at Hearing

156 Court may require party to attend hearing
157 Court may require child or young person to attend hearing

Joint Hearings
158 Applications may be heard together

Appointment of Persons to Represent Child or Young Person or Assist Court

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Prof. Frank Früchtel: Juristische Grundlagen der Family Group Conference in Neuseeland; [email protected]

159 Appointment of barrister or solicitor to represent child or young person

160 Appointment of barrister or solicitor to assist Court
161 Further provisions relating to barrister or solicitor appointed under section 159 or
section 160
162 Payment of barrister or solicitor appointed under section 159 or section 160
163 Appointment of lay advocate
164 Further provisions relating to lay advocate
165 Payment of lay advocate

Attendance at Hearings and Right to Make Representations

166 Persons entitled to be present at hearing of proceedings in Family Court
167 Child or young person may give evidence in private
168 Other powers of Court to hear proceedings in private or exclude persons not affected
169 Right to make representations

Mediation Conferences
170 Calling of mediation conference
171 Objectives of mediation conference
172 Procedure at mediation conference
173 Presiding Judge to make record of proceedings at mediation conference
174 Power of presiding Judge to make consent orders
175 Power to require attendance at mediation conference
176 Privilege
177 Presiding Judge may hear subsequent proceedings

Reports
178 Medical, psychiatric, and psychological reports
179 Further provisions relating to medical, psychiatric, and psychological examinations
180 Fees for reports prepared under section 178
181 Court may order examination to be carried out in psychiatric hospital
182 Release of child or young person from psychiatric hospital where detention no longer
required
183 Review of order made under section 178 or section 181
184 Court may indicate matters to be dealt with in report
185 Sections to have effect in place of section 121 of Criminal Justice Act 1985
186 Report by Social Worker
187 Cultural and community reports
188 Privilege for reports
189 Adjournment for purposes of obtaining report
190 Reports may be made orally
191 Access to reports
192 Court may order report not to be disclosed
193 Right to tender evidence on report
194 Court may call person making report as witness

Miscellaneous Provisions
195 Evidence
196 Special provisions applying to disclosure of communications to medical practitioner
197 Standard of proof
198 Special provisions applying to applications for declaration on ground of child's
offending
199 Power of Court to call witnesses
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Prof. Frank Früchtel: Juristische Grundlagen der Family Group Conference in Neuseeland; [email protected]

200 Court to ensure that application for declaration that child or young person in need of
care or protection dealt with promptly
201 Adjournments
202 Orders by consent
203 Costs
204 Rehearings
205 Preventing removal of child or young person from New Zealand
206 Offence to take child or young person out of New Zealand where proceedings
pending
207 Vexatious proceedings

IV: Youth Justice

Principles
208 Principles

Warnings and Formal Police Cautions

209 Consideration of warning as alternative to prosecution
210 Administration of warning
211 Formal Police caution
212 Notice of warning or caution
213 Evidence of warnings and formal Police cautions and of offences to which they relate
not admissible in criminal proceedings

Arrest of Child or Young Person Without Warrant

214 Arrest of child or young person without warrant

Rights of Children and Young Persons When Questioned, Charged with Offence,
or Arrested
215 Child or young person to be informed of rights before questioned by enforcement
officer
216 Enforcement officer to explain rights to child or young person who is to be charged
with offence
217 Rights to be explained to child or young person who is arrested
218 Explanations to be given in manner and language appropriate to age and level of
understanding of child or young person
219 Explanations not required if child or young person already informed of rights
220 Other enactments requiring information or particulars not affected

Provisions Relating to Admissibility of Statements Made by Children and Young

Persons
221 Admissibility of statements made by children and young persons
222 Persons who may be nominated for the purposes of section 221 (2) (b) or (c)
223 Section 221 not to apply where statement made before requirements of that section
can be met
224 Reasonable compliance sufficient
225 Other enactments relating to admissibility of statements or confessions, or requiring
information or particulars to be given, not affected
226 Evidence of communications during consultation not admissible

Entitlement to Consult Barrister or Solicitor

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Prof. Frank Früchtel: Juristische Grundlagen der Family Group Conference in Neuseeland; [email protected]

227 Child or young person at enforcement agency office for questioning in relation to
commission or possible commission of offence or arrested entitled to consult with
barrister or solicitor
228 Entitlement of child or young person to consult with barrister or solicitor where taken
to hospital following arrest or questioned at hospital

Notification of Parents and Other Persons Where Child or Young Person Being
Questioned or Is Arrested
229 Parents or guardians or other persons to be informed where child or young person at
enforcement agency office for questioning in relation to commission or possible
commission of offence or is arrested
230 Evidence of communications during visit not admissible
231 Persons who may be nominated for the purposes of section 229 (1) (a)
232 Notice of offence with which child or young person charged to be given to parents or
guardians or other persons having care of child or young person

Breath-alcohol and Blood-alcohol Provisions of Transport Act 1962 Not Affected

233 Breath-alcohol and blood-alcohol provisions of Transport Act 1962 not affected

Custody of Child or Young Person Following Arrest or Pending Hearing

234 Custody of child or young person following arrest
235 Child or young person who is arrested may be placed in custody of Director-General
236 Young person who is arrested may be detained in Police custody
237 Child or young person who is arrested to be brought before Court as soon as
possible
238 Custody of child or young person pending hearing
239 Restrictions on power of Court to order child or young person to be detained in
custody
240 Conditions of bail
241 Review of orders made under section 238
242 Order under section 238 sufficient authority for detention of child or young person
243 Other powers to grant bail not affected

Powers Under Immigration Act 1987 Not Affected

244 Immigration Act 1987 (other than sections 126 (4) and 142) not affected

Prosecution of Children and Young Persons

245 Proceedings not to be instituted against young person unless Youth Justice
Co-ordinator consulted and family group conference held
246 Procedure where young person arrested and brought before Court
247 Youth Justice Co-ordinator to convene family group conference
248 Family group conference not required in certain cases
249 Time limits for convening of family group conferences
250 Youth Justice Co-ordinator to consult family, whanau, or family group on convening
of family group conference
251 Persons entitled to attend family group conference
252 Child or young person in custody to be permitted to attend family group conference
253 Notification of convening of family group conference
254 Youth Justice Co-ordinator to ascertain views of persons unable to attend family
group conference
255 Youth Justice Co-ordinator to ensure that relevant information and advice made

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Prof. Frank Früchtel: Juristische Grundlagen der Family Group Conference in Neuseeland; [email protected]

available to family group conference

256 Procedure at family group conference
257 Department to provide administrative services to family group conferences
258 Functions of family group conference
259 Family group conference to ascertain whether child or young person admits offence
260 Family group conference may make decisions and recommendations and formulate
plans
261 Family group conference may make decisions, recommendations, and plans relating
to care or protection of child or young person
262 Youth Justice Co-ordinator to make record of decisions, recommendations, and
plans of family group conference
263 Youth Justice Co-ordinator to seek agreement to decisions, recommendations, and
plans of family group conference
264 Procedure where no agreement possible
265 Records of decisions, recommendations, and plans of family group conference to be
made available to interested persons
266 Department to maintain records of proceedings of family group conferences
267 Enforcement agencies to comply with decisions, recommendations, and plans of
family group conference
268 Director-General to give effect to decisions, recommendations, and plans of family
group conference
269 Director-General may provide financial assistance to enable decisions, etc., of family
group conference to be carried out
270 Family group conference may reconvene to review its decisions, recommendations,
and plans
271 Proceedings of family group conference privileged and not to be published

Jurisdiction of Youth Courts

272 Jurisdiction of Youth Court
273 Manner of dealing with summary offences and indictable offences (other than purely
indictable offences)
274 Manner of dealing with purely indictable offences or where person elects jury trial
275 Young person may forego right to jury trial and elect to have proceedings determined
by Youth Court
276 Young person may plead guilty and elect to be dealt with by Youth Court
277 Provisions applicable where young person charged jointly with person who is not a
young person
278 Parent or guardian may be summoned to appear when young person charged with
offence
279 Court to consider recommendations of family group conference
280 Court may refer case to Care and Protection Co-ordinator to determine whether
matter should be dealt with under Part II

Disposal of Proceedings in Youth Court

281 Court not to make orders unless family group conference held
282 Power of Court to discharge information
283 Orders of the Court
284 Factors to be taken into account on sentencing
285 Restrictions on power of Court to make certain orders under section 283
286 Person or organisation not to be required to supervise young person without consent
287 Reparation limited to direct loss
288 Order not to be made in respect of parent or guardian unless given opportunity to be

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heard
289 Restriction on imposition of supervision with activity order
290 Restrictions on imposition of supervision with residence or transfer to District Court
for sentence
291 Transfer of other charges to District Court for sentence
292 Whole or part of fine may be awarded to victim of offence suffering physical or
emotional harm
293 Effect of order imposing fine or requiring payment of compensation or restitution or
forfeiture of property
294 Demerit points
295 Recall to come before Court

Expiry of Orders
296 Expiry of orders

Powers of Court Where Young Person Already Subject to Order Made under this
Part
297 Powers of Court in dealing with young person subject to order made under this Part
of this Act

Community Work Order

298 Community work order
299 Failure to comply with community work order
300 Variation or cancellation of community work order
301 Procedural provisions relating to application under section 300
302 Application of Accident Compensation Act 1982 to young persons performing work
under community work order
303 Effect of subsequent sentence

Provisions Relating to Supervision Orders and Supervision With Activity Orders

304 Duty of Director-General to provide for supervision
305 Conditions of supervision order
306 Power of Court to impose additional conditions
307 Supervision with activity order
308 Conditions of supervision with activity order
309 Failure to observe conditions of supervision order or supervision with activity order
310 Suspension, cancellation, and variation of supervision order or supervision with
activity order

Supervision With Residence Orders

311 Supervision with residence order
312 Effect of supervision with residence order
313 Court may make orders for access and exercise of other rights by parents and other
persons
314 Director-General may release young person from custody before expiry of
supervision with residence order
315 Supervision with residence order to cease to run if young person absconds
316 Court may cancel supervision with residence order if young person absconds
317 When supervision with residence order ceases to have effect
318 Search without warrant
319 Medical treatment of young person in custody of Director-General

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Prof. Frank Früchtel: Juristische Grundlagen der Family Group Conference in Neuseeland; [email protected]

Reports on Effectiveness of Orders

320 Report to be made to Court on effectiveness of certain orders

V: Provisions Relating to Procedure in Youth Court

General
321 Application of District Courts Act 1947 and Summary Proceedings Act 1957
322 Time for instituting proceedings

Youth Advocates
323 Appointment of Youth Advocate to represent child or young person
324 Further provisions relating to Youth Advocate
325 Payment of Youth Advocate

Lay Advocates
326 Appointment of lay advocate
327 Functions of lay advocate
328 Further provisions relating to lay advocate

Attendance at Hearings and Right to Make Representations

329 Persons entitled to be present at hearing
330 Right to make representations in Youth Court

Arrangements for Hearings in Youth Courts

331 Matters before Court to be dealt with separately
332 Arrangements for hearing of proceedings in Youth Court

Reports
333 Medical, psychiatric, and psychological reports
334 Report by Social Worker
335 Report to be accompanied by plan
336 Court may obtain cultural or community report
337 Reports may be made orally
338 Privilege for reports
339 Access to reports and plans under this Part of this Act

Written Statement of Terms of Orders

340 Written statement of terms of certain orders to be given to young person

VI: Appeals
Appeals from Decisions of Family Courts
341 Appeals from decisions of Family Courts
342 Procedure for bringing appeal
343 Notice of appeal to be given to local Director of Social Welfare
344 Notice of appeal not to affect orders unless Court otherwise directs
345 Interim custody order pending appeal
346 Procedure on appeal
347 Appeal to Court of Appeal on question of law
348 Determination of appeals

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Prof. Frank Früchtel: Juristische Grundlagen der Family Group Conference in Neuseeland; [email protected]

349 Court may refer appeals back for reconsideration

350 Decision of High Court and Family Court to be sent to Director-General

Appeals from Decisions of Youth Court

351 Appeals from decisions of Youth Court by young person
352 Appeal by parents or guardians or other persons having care of young person
353 Appeal by persons other than young person dealt with in Youth Court
354 Appeal on a point of law only
355 Application of Part IV of Summary Proceedings Act 1957
356 Effect of notice of appeal on certain orders
357 Application of section 329 to hearing of appeal
358 Presence of young person at hearing of appeal
359 Presence of parents at hearing of appeal from decisions of Youth Court
360 Notification of appeal and result of appeal to local Director of Social Welfare

VII: Children and Young Persons in Care of Director-General

or Other Persons or Bodies
361 Application of sections 362, 364, 365, 387, 390 to 392, 394, and 395 of this Act

Placement of Children and Young Persons

362 Children and young persons may be placed in care of approved persons
363 Payment to person or organisation providing care

Residences
364 Authority to establish residences
365 Director-General may place children and young persons in residences
366 Closing of residences and transfer of residents

Secure Care
367 Secure care
368 Grounds for placement in secure care
369 Notice to be given where child or young person placed in secure care
370 Time limits on detention in secure care
371 Application for approval for continued detention in secure care
372 Registrar may authorise continued detention in secure care until application is
determined
373 Persons entitled to be present at hearing of application under section 371
374 Right to make representations
375 Hearing to be held in residence wherever practicable
376 Court may authorise continued detention in secure care
377 Renewal of approval for continued detention in secure care
378 Notification of decision of Court
379 Review of decision to grant or renew approval
380 Application for review of detention in secure care
381 Notice of application for review of detention in secure care
382 Disposal of application for review of detention in secure care
383 Review of refusal of application

Discipline
384 Discipline of children and young persons in residences

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Prof. Frank Früchtel: Juristische Grundlagen der Family Group Conference in Neuseeland; [email protected]

Absconding by Children and Young Persons

385 Children and young persons who abscond
386 Search warrants

Financial Matters
387 Director-General empowered to make payments for benefit of children and young
persons
388 Financial and other assistance in respect of children and young persons subject to
orders made under this Act
389 Financial and other assistance in other cases
390 Power to control finances of young persons under guardianship or in custody
391 Imposition of charge to meet expenses of providing care for children and young
persons
392 Manager may be appointed under Protection of Personal and Property Rights Act
1988 to manage property of children and young persons subject to guardianship or
custody order

Maintenance
393 Recovery of cost of maintenance of children and young persons in care

Limitation on Tortious Liability

394 Limitation upon tortious liability of Director-General, Iwi Authorities, Cultural
Authorities, Child and Family Support Services, and other persons having care of child or
young person

Reporting of Deaths
395 Police to be notified of deaths

VIII: Provisions Relating to Iwi Authorities, Cultural

Authorities, Child and Family Support Services, and
Community Services
Iwi Authorities, Cultural Authorities, and Child and Family Support Services
396 Approval of Iwi Authorities, Cultural Authorities, and Child and Family Support
Services
397 Restrictions on granting of approval
398 Director-General not to decline application without giving applicant opportunity to
make submissions
399 Revocation of approval
400 Assessment of Iwi Authorities, Cultural Authorities, and Child and Family Support
Services
401 Powers of person carrying out assessment of Iwi Authority or Cultural Authority or
Child and Family Support Service
402 Convener of Iwi Authority or Cultural Authority to have power of decision for purposes
of this Act

Community Services
403 Approval of Community Services
404 Director-General not to decline application without giving applicant opportunity to
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Prof. Frank Früchtel: Juristische Grundlagen der Family Group Conference in Neuseeland; [email protected]

make submissions
405 Revocation of approval
406 Financial assistance to Community Services
407 Director-General may contract with Community Services for provision of services
408 Assessment of Community Services
409 Powers of person carrying out assessment of Community Service

IX: Commissioner for Children

Appointment and Functions
410 Commissioner for Children
411 Functions of Commissioner

Proceedings of Commissioner
412 Powers of Commissioner
413 Commissioner may regulate own procedure
414 Commissioner not to make adverse comment unless opportunity to be heard given
415 Annual report

Conditions of Employment
416 Appointment of Commissioner
417 Term of office and conditions of employment of Commissioner
418 Removal from office
419 Superannuation or retiring allowances

Miscellaneous Provisions
420 Proceedings privileged
421 Commissioner deemed to be official
422 Money to be appropriated by Parliament for purposes of this Part of this Act

X: Miscellaneous Provisions
Care and Protection Co-ordinators and Youth Justice Co-ordinators
423 Appointment of Care and Protection Co-ordinators
424 Duties of Care and Protection Co-ordinator
425 Appointment of Youth Justice Co-ordinators
426 Duties of Youth Justice Co-ordinator
427 Delegation of functions of Care and Protection Co-ordinator or Youth Justice
Co-ordinator to Social Worker

Care and Protection Resource Panels

428 Care and Protection Resource Panels
429 Functions of Care and Protection Resource Panels
430 Care and Protection Resource Panels may regulate own procedure
431 Annual report
432 Fees and allowances

Youth Courts
433 Establishment of Youth Courts
434 Principal Youth Court Judge

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Prof. Frank Früchtel: Juristische Grundlagen der Family Group Conference in Neuseeland; [email protected]

435 Designation of Youth Court Judges

436 District Court Judge may exercise jurisdiction in absence of Youth Court Judge

Miscellaneous Provisions Relating to Proceedings Under this Act

437 Notice of proceedings and orders to be given to parents or guardians or other
persons having care of child or young person
438 Restriction on publication of reports of proceedings
439 Proceedings not invalid because of mistake as to age
440 Proceedings not to be questioned for want of form
441 Court may determine age of child or young person in absence of evidence
442 No Court fees payable
443 Issue and execution of warrants
444 Liability of persons providing reports
445 Witnesses expenses

Offences
446 Offences

Regulations
447 Regulations
448 Rules of procedure

XI: Amendments to Other Enactments, Repeals, Savings, and Transitional

Provisions

Amendments to Other Enactments

449 Consequential amendments
450 Adoption Act 1955 amended
451 Department of Social Welfare Act 1971 consequentially amended
452 Local Government Act 1974 consequentially amended
453 Summary Offences Act 1981 amended
454 Criminal Justice Act 1985 amended
455 Child Care Regulations 1985 consequentially amended

Repeals and Savings

456 Repeals and savings

Transitional Provisions
457 Complaints
458 Informations
459 Guardianship orders
460 Plans and reports to be furnished to Court in respect of orders deemed to be
guardianship orders under this Act
461 Review of orders deemed to be guardianship orders under this Act
462 Applications for review of guardianship orders
463 Supervision orders
464 Applications for review of supervision orders
465 Complaints for failure to observe conditions of supervision order
466 Agreements for control of child or young person by the Director-General
467 Homes registered or deemed to be registered under Part IX of Children and Young
Persons Act 1974

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Prof. Frank Früchtel: Juristische Grundlagen der Family Group Conference in Neuseeland; [email protected]

468 Agreements for assumption of care of child or young person by manager of home or
recognised system of foster care
469 Administration of property by Public Trustee

Schedule(s)
1 FIRST SCHEDULE: Provisions Applied to Youth Courts and to Proceedings in Such
Courts
2 SECOND SCHEDULE: Enactments Amended
3 THIRD SCHEDULE: Enactments Repealed

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Prof. Frank Früchtel: Juristische Grundlagen der Family Group Conference in Neuseeland; [email protected]

I: General Objects, Principles, and Duties

General Objects

4. Objects---The object of this Act is to promote the well-being of children, young persons, and
their families and family groups by---

(a) Establishing and promoting, and assisting in the establishment and promotion, of services and
facilities within the community that will advance the wellbeing of children, young persons, and
their families and family groups and that are---

(i) Appropriate having regard to the needs, values, and beliefs of particular cultural and ethnic
groups; and

(ii) Accessible to and understood by children and young persons and their families and family
groups; and

(iii) Provided by persons and organisations sensitive to the cultural perspectives and
aspirations of different racial groups in the community:

(b) Assisting parents, families, whanau, hapu, iwi, and family groups to discharge their
responsibilities to prevent their children and young persons suffering harm, ill-treatment,
abuse, neglect, or deprivation:

(c) Assisting children and young persons and their parents, family, whanau, hapu, iwi, and family
group where the relationship between a child or young person and his or her parents, family,
whanau, hapu, iwi, or family group is disrupted:

(d) Assisting children and young persons in order to prevent them from suffering harm,
ill-treatment, abuse, neglect, and deprivation:

(e) Providing for the protection of children and young persons from harm, ill-treatment, abuse,
neglect, and deprivation:

(f) Ensuring that where children or young persons commit offences,---

(i) They are held accountable, and encouraged to accept responsibility, for their behaviour;
and

(ii) They are dealt with in a way that acknowledges their needs and that will give them the
opportunity to develop in responsible, beneficial, and socially acceptable ways:

(g) Encouraging and promoting co-operation between organisations engaged in providing

services for the benefit of children and young persons and their families and family groups.

Cf. 1974, No. 72, s. 3

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5 Principles to be applied in exercise of powers conferred by this Act

General Principles

5. Principles to be applied in exercise of powers conferred by this Act---Subject to section 6 of this

Act, any Court which, or person who, exercises any power conferred by or under this Act shall be
guided by the following principles:

(a) The principle that, wherever possible, a child's or young person's family, whanau, hapu, iwi,
and family group should participate in the making of decisions affecting that child or young
person, and accordingly that, wherever possible, regard should be had to the views of that family,
whanau, hapu, iwi, and family group:

b) The principle that, wherever possible, the relationship between a child or young person and his
or her family, whanau, hapu, iwi,and family group should be maintained and strengthened:

(c) The principle that consideration must always be given to how a decision affecting a child or
young person will affect---

(i) The welfare of that child or young person; and

(ii) The stability of that child's or young person's family, whanau, hapu, iwi, and family group:

(d) The principle that consideration should be given to the wishes of the child or young person, so
far as those wishes can reasonably be ascertained, and that those wishes should be given such
weight as is appropriate in the circumstances, having regard to the age, maturity, and culture of
the child or young person:

e) The principle that endeavours should be made to obtain the support of---

(i) The parents or guardians or other persons having the care of a child or young person; and

(ii) The child or young person himself or herself--- to the exercise or proposed exercise, in relation
to that child or young person, of any power conferred by or under this Act:

(f) The principle that decisions affecting a child or young person should, wherever practicable, be
made and implemented within a time-frame appropriate to the child's or young person's sense of
time.

Cf. 1974, No. 72, ss. 4A-4C; 1983, No. 129, s. 3

6. Welfare and interests of child or young person deciding

factor---

Where, in the administration or application of this Part or Part II or Part III or Part VI (other than
sections 351 to 360) or Part VII or Part VIII of this Act, any conflict of principles or interests
arises, the welfare and interests of the child or young person shall be the deciding factor.

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II: Care and Protection of Children and Young Persons

Family Group Conferences

13 Principles
13. Principles---Subject to sections 5 and 6 of this Act, any Court
which, or person who, exercises any powers conferred by or under this
Part or Part III or sections 341 to 350 of this Act shall be guided by
the following principles:
(a) The principle that children and young persons must be protected
from harm, their rights upheld, and their welfare promoted:
(b) The principle that the primary role in caring for and protecting a
child or young person lies with the child's or young person's
family, whanau, hapu, iwi, and family group, and that
accordingly---
(i) A child's or young person's family, whanau, hapu, iwi, and
family group should be supported, assisted, and protected as
much as possible; and
(ii) Intervention into family life should be the minimum
necessary to ensure a child's or young person's safety and
protection:
(c) The principle that it is desirable that a child or young person
live in association with his or her family, whanau, hapu, iwi,
and family group, and that his or her education, training, or
employment be allowed to continue without interruption or
disturbance:
(d) Where a child or young person is considered to be in need of care
or protection, the principle that, wherever practicable, the
necessary assistance and support should be provided to enable
the child or young person to be cared for and protected within
his or her own family, whanau, hapu, iwi, and family group:
(e) The principle that a child or young person should be removed from
his or her family, whanau, hapu, iwi, and family group only if
there is a serious risk of harm to the child or young person:
(f) Where a child or young person is removed from his or her family,
whanau, hapu, iwi, and family group, the principles that,---
(i) Wherever practicable, the child or young person should be
returned to, and protected from harm within, that family,
whanau, hapu, iwi, and family group; and
(ii) Where the child or young person cannot immediately be
returned to, and protected from harm within, his or her family,
whanau, hapu, iwi, and family group, until the child or young
person can be so returned and protected he or she should,
wherever practicable, live in an appropriate family-like
setting---
(A) That, where appropriate, is in the same locality as that
in which the child or young person was living; and
(B) In which the child's or young person's links with his or
her family, whanau, hapu, iwi, and family group are
maintained and strengthened; and
(iii) Where the child or young person cannot be returned to,
and protected from harm within, his or her family, whanau, hapu,
iwi, and family group, the child or young person should live in
a new family group, or (in the case of a young person) in an
appropriate family-like setting, in which he or she can develop
a sense of belonging, and in which his or her sense of
continuity and his or her personal and cultural identity are
maintained:
(g) Where a child or young person cannot remain with, or be returned
to, his or her family, whanau, hapu, iwi, and family group, the
principle that, in determining the person in whose care the
child or young person should be placed, priority should, where
practicable, be given to a person---
(i) Who is a member of the child's or young person's hapu or
iwi (with preference being given to hapu members), or, if that

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is not possible, who has the same tribal, racial, ethnic, or

cultural background as the child or young person; and
(ii) Who lives in the same locality as the child or young
person:
(h) Where a child or young person cannot remain with, or be returned
to, his or her family, whanau, hapu, iwi, and family group, the
principle that the child or young person should be given an
opportunity to develop a significant psychological attachment to
the person in whose care the child or young person is placed:
(i) Where a child is considered to be in need of care or protection on
the ground specified in section 14 (1) (e) of this Act, the
principle set out in section 208 (g) of this Act.
Cf. 1974, No. 72, s. 4

14. Definition of child or young person in need of care or

protection---

1) A child or young person is in need of care or

protection within the meaning of this Part of this Act if---
(a) The child or young person is being, or is likely to be, harmed
(whether physically or emotionally or sexually), ill-treated,
abused, or seriously deprived; or
(b) The child's or young person's development or physical or mental or
emotional wellbeing is being, or is likely to be, impaired or
neglected, and that impairment or neglect is, or is likely to
be, serious and avoidable; or
(c) Serious differences exist between the child or young person and
the parents or guardians or other persons having the care of the
child or young person to such an extent that the physical or
mental or emotional wellbeing of the child or young person is
being seriously impaired; or
(d) The child or young person has behaved, or is behaving, in a manner
that---
(i) Is, or is likely to be, harmful to the physical or mental
or emotional wellbeing of the child or young person or to
others; and
(ii) The child's or young person's parents or guardians, or
the persons having the care of the child or young person, are
unable or unwilling to control; or
(e) In the case of a child of or over the age of 10 years and under 14
years, the child has committed an offence or offences the
number, nature, or magnitude of which is such as to give serious
concern for the wellbeing of the child; or
(f) The parents or guardians or other persons having the care of the
child or young person are unwilling or unable to care for the
child or young person; or
(g) The parents or guardians or other persons having the care of the
child or young person have abandoned the child or young person;
or
(h) Serious differences exist between a parent, guardian, or other
person having the care of the child or young person and any
other parent, guardian, or other person having the care of the
child or young person to such an extent that the physical or
mental or emotional wellbeing of the child or young person is
being seriously impaired; or
(i) The ability of the child or young person to form a significant
psychological attachment to the person or persons having the
care of the child or young person is being, or is likely to be,
seriously impaired because of the number of occasions on which
the child or young person has been in the care or charge of a
person (not being a person specified in subsection (2) of this
section) for the purposes of maintaining the child or young
person apart from the child's or young person's parents or
guardians.

(2) The persons referred to in subsection (1) (i) of this section are

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as follows:
(a) Any person who has custody of the child or young person pursuant
to the order of any Court, whether or not that Court is a Court
within the meaning of this Act:
(b) Any person who has the child or young person in that person's
care---
(i) Pursuant to an agreement under section 139 or section 140
or section 141 or section 142 of this Act; or
(ii) For the purpose of adoption, and the requirements of
section 6 of the Adoption Act 1955 are being complied with:
(c) Any person who is caring for the child or young person in---
(i) Any residential accommodation provided for children or
young persons by a registered school within the meaning of the
Education Act 1964:
(ii) A licensed private hospital:
(iii) An institution under the control of the Department of
Health, an Area Health Board, or a Hospital Board:
(iv) An institution within the meaning of the Area Health
Boards Act 1983 or the Hospitals Act 1957:
(v) A hospital within the meaning of the Mental Health Act
1969.
Cf. 1974, No. 72, s. 27 (2); 1977, No. 126, s. 7 (1)

15. Reporting of ill-treatment or neglect of child or young

person---
Any person who believes that any child or young person has
been, or is likely to be, harmed (whether physically, emotionally, or
sexually), ill-treated, abused, neglected, or deprived may report the
matter to a Social Worker or a member of the Police.

16. Protection of person reporting ill-treatment or neglect of child

or young person---
No civil, criminal, or disciplinary proceedings shall
lie against any person in respect of the disclosure or supply by that
person pursuant to section 15 of this Act of information concerning a
child or young person (whether or not that information also concerns any
other person), unless the information was disclosed or supplied in bad
faith.

17. Investigation of report of ill-treatment or neglect of child or

young person---
(1) Where any Social Worker or member of the Police
receives a report pursuant to section 15 of this Act relating to a child
or young person, that Social Worker or member of the Police shall, as
soon as practicable after receiving the report, in consultation with a
Care and Protection Resource Panel, undertake or arrange for the
undertaking of such investigation as may be necessary or desirable into
the matters contained in the report.

(2) Where, after an investigation under subsection (1) of this section

into the matters contained in a report under section 15 of this Act, the
Social Worker or member of the Police to whom the report was made
reasonably believes that the child or young person to whom the report
relates is in need of care or protection, that Social Worker or member
of the Police shall, as soon as practicable, notify a Care and
Protection Co-ordinator of those matters in accordance with section 18
of this Act.

(3) Where any person receives a report pursuant to section 15 of this

Act relating to a child or young person, that person shall, as soon as

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practicable after---
(a) That report is investigated under subsection (1) of this section;
or
(b) A decision is made not to investigate the report,---

unless it is impracticable or undesirable to do so, inform the person

who made the report whether or not the report has been investigated and,
if so, whether any further action has been taken with respect to it.

18 Referral of care or protection cases to Care and Protection Co-ordinator or Youth

Justice Co-ordinator by Social Workers or members of the Police

18. Referral of care or protection cases to Care and Protection Co-ordinator or Youth Justice
Co-ordinator by Social Workers or members of the Police---

(1) Where any Social Worker or member of the Police believes, after inquiry, that any child or
young person is in need of care or protection (other than on the ground specified in section 14
(1) (e) of this Act), that Social Worker or member of the Police shall forthwith report the matter
to a Care and Protection Co-ordinator, who shall convene a family group conference in
accordance with section 20 of this Act.

(2) Where any Social Worker suspects that any child is in need of care or protection on the
ground specified in section 14 (1) (e) of this Act, that Social Worker may refer the matter to the
appropriate enforcement agency.

(3) Where any enforcement officer believes, after inquiry, that any child is in need of care or
protection on the ground specified in section 14 (1) (e) of this Act, that enforcement officer
shall forthwith report the matter to a Youth Justice Co-ordinator, who after consulting with that
enforcement officer, and if that enforcement officer believes that the making of an application
for a declaration under section 67 of this Act in respect of that child is required in the public
interest, shall convene a family group conference in accordance with section 247 of this Act.

19. Referral of care or protection cases to Care and Protection

Co-ordinator by other persons or by Court---

(1) Where---
(a) After inquiry, any body or organisation (including a Government
department or other agency of the Crown, or a local authority)
concerned with the welfare of children and young persons; or
(b) In any proceedings, any Court---

believes that any child or young person is in need of care or

protection, that body, organisation, or Court may refer the matter to a
Care and Protection Co-ordinator.

(2) Every Care and Protection Co-ordinator to whom a case is referred

pursuant to subsection (1) of this section shall, where it appears to

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that Care and Protection Co-ordinator to be necessary to do so,---

(a) Except where paragraph (b) of this subsection applies, convene a
family group conference in accordance with section 20 of this
Act; or
(b) Where the child is believed to be in need of care or protection on
the ground specified in section 14 (1) (e) of this Act, report
the matter to the appropriate enforcement agency; or
(c) Take such other action as is appropriate in the circumstances.

(3) For the purposes of determining whether or not it is necessary to

convene a family group conference pursuant to subsection (2) (a) of this
section, a Care and Protection Co-ordinator may arrange for a case to be
investigated by a Social Worker.

20. Convening of family group conferences---

Where, pursuant to this
Part of this Act, a Care and Protection Co-ordinator is authorised or
required to convene or reconvene a family group conference, that Care
and Protection Co-ordinator shall, subject to section 21 of this Act,
fix the date on which and the time and place at which the conference is
to be held.

21. Care and Protection Co-ordinator to consult family, whanau, or

family group on convening of family group conference---

Every Care and Protection Co-ordinator shall, before convening any family group
conference pursuant to this Part of this Act in respect of any child or
young person,---
(a) Consult with a Care and Protection Resource Panel; and
(b) Make all reasonable endeavours to consult with the child's or
young person's family, whanau, or family group in relation to---
(i) The date on which, and the time and place at which, the
conference is to be held; and
(ii) The persons who should attend the conference; and
(iii) The procedure to be adopted at the conference,---
and, subject to section 22 of this Act, shall, so far as it is
practicable and consistent with the principles of this Act, give
effect to the wishes of the child's or young person's family,
whanau, or family group in relation to those matters.

22 Persons entitled to attend family group conference

22. Persons entitled to attend family group conference---(1) Subject to subsection (2) of this
section, the following persons are entitled to attend a family group conference convened under
this Part of this Act:

(a) The child or young person in respect of whom the conference is held, unless the Care and
Protection Co-ordinator convening the conference is of the opinion that---

(i) The attendance of that child or young person would not be in the interests of that child or young
person, or would, for any other reason, be undesirable; or

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(ii) The child or young person would be unable, by reason of its age or level of maturity, to
understand the proceedings:

(b) Every person who is---

(i) A parent or guardian of, or a person having the care of, that child or young person; or

(ii) A member of the family, whanau, or family group of the child or young person,--- unless the
Care and Protection Co-ordinator convening the conference is of the opinion that that person's
attendance would not be in the interests of the child or young person, or would be undesirable
for any other reason:

(c) The Care and Protection Co-ordinator who is convening the conference, or any Care and
Protection Co-ordinator who is acting for that person:

(d) Where the conference has been convened on the basis of a report under section 18 (1) of this
Act from a Social Worker or a member of the Police, that Social Worker or member of the Police,
or any Social Worker or member of the Police who is acting for that person:

(e) Where the conference has been convened on the basis of a referral of a matter under section
19 (1) (a) of this Act by any body or organisation, a representative of that body or organisation:

(f) Where the conference has been convened or reconvened, for the purposes of section 145 of
this Act, in respect of a child or young person, a representative of the person who has the care of
that child or young person pursuant to an agreement to which that section applies, or who it is
proposed should have the care of that child or young person pursuant to such an agreement:

(g) Where the child or young person is under the guardianship of the High Court pursuant to
section 9 of the Guardianship Act 1968, any person appointed as agent for the Court pursuant to
that section, or any representative of that person:

(h) Any barrister or solicitor or lay advocate representing the child or young person:

(i) Any person whose attendance at that conference is in accordance with the wishes of the
family, whanau, or family group of the child or young person as expressed under section 21 of
this Act.

(2) No person to whom paragraph (c) or paragraph (d) or paragraph (e) or paragraph (f) or
paragraph (h) of subsection (1) of this section applies is entitled to be present at any family group
conference during any discussions or deliberations held among the members of the family,
whanau, or family group of the child or young person in respect of whom the conference is held,
unless those members request any such person to be present.

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23 Care and Protection Co-ordinator to ensure that relevant information and advice made
available to family group conference

(1) Every Care and Protection Co-ordinator who convenes a family group conference under this
Part of this Act shall take all reasonable steps to ensure that all information and advice required
by the conference to carry out its functions are made available to the conference.

(2) Subject to section 22 of this Act, where it is appropriate for any person (including a member of
a Care and Protection Resource Panel) to attend a family group conference for the purpose of
conveying to that conference any information or advice required by the conference to carry out its
functions, that person may attend that conference for that purpose, but may otherwise attend the
conference only with the agreement of the conference.

24 Care and Protection Co-ordinator to ascertain views of persons unable to attend family
group conference

(1) Every Care and Protection Co-ordinator who convenes a family group conference under this
Part of this Act shall take all reasonable steps to ascertain the views of the following persons in
relation to the matters to be considered at the conference:

(a) Any person who is excluded from attendance at the conference pursuant to paragraph (a) (i)
or paragraph (b) of section 22 (1) of this Act:

(b) Any person who is entitled to attend the conference but who has notified the Care and
Protection Co-ordinator that he or she or it is unable, for any reason, to do so.

(2) Where, in respect of any family group conference, a Care and Protection Co-ordinator
ascertains the views of any person pursuant to subsection (1) of this section, that Co-ordinator
shall ensure that those views are made known at that conference.

25 Notification of convening of family group conference

(1) Subject to subsection (2) of this section, every Care and Protection Co-ordinator who
convenes a family group conference under this Part of this Act shall take all reasonable steps to
ensure that notice of the date on which, and the time and place at which, the conference is to be
held is given to every person who is entitled to attend that conference.

(2) No notice is required to be given pursuant to subsection (1) of this section to any person
whose whereabouts cannot, after reasonable enquiries, be ascertained.

(3) Every notice required by subsection (1) of this section shall be given a reasonable time before
the conference is to be held.

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(4) Failure to notify any person in accordance with this section shall not affect the validity of the
proceedings of a family group conference unless it is shown that the failure is likely to have
materially affected the outcome of that conference.

26 Procedure at family group conference

(1) Subject to this Part of this Act, a family group conference may regulate its procedure in such
manner as it thinks fit.

(2) Subject to section 5 (f) of this Act, a family group conference may from time to time be
adjourned to a time and place determined by the conference.

27 Department to provide administrative services to family group conference

The Department shall provide such administrative services as may be necessary to enable a
family group conference to discharge its functions.

28 Functions of family group conference

The functions of a family group conference convened under this Part of this Act are as follows:

(a) To consider, in relation to the child or young person in respect of whom the conference was
convened, such matters relating to the care or protection of that child or young person as the
conference thinks fit:

(b) Where the conference considers that the child or young person in respect of whom it was
convened is in need of care or protection, to make such decisions or recommendations, and to
formulate such plans, in relation to that child or young person as the conference considers
necessary or desirable, having regard to the principles set out in sections 5, 6, and 13 of this Act:

(c) To review from time to time---

(i) The decisions and recommendations made, and the plans formulated, by that conference:

(ii) The implementation of any such decisions, recommendations, and plans.

29 Family group conference may make decisions and recommendations and formulate
plans

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(1) A family group conference convened under this Part of this Act may make such decisions and
recommendations and formulate such plans as it considers necessary or desirable in relation to
the care or protection of the child or young person in respect of whom the conference was
convened.

(2) In making such decisions and recommendations and formulating such plans, the conference
shall have regard to the principles set out in sections 5, 6, and 13 of this Act.

(3) Every Care and Protection Co-ordinator who convenes a family group conference shall cause
to be made a written record of the details of the decisions and recommendations made, and the
plans formulated, by that conference pursuant to this section.

30 Care and Protection Co-ordinator to seek agreement to decisions, recommendations,

and plans of family group conference

(1) Where a family group conference makes any decision or recommendation, or formulates any
plan, pursuant to section 29 (1) of this Act or subsection (4) of this section, the Care and
Protection Co-ordinator who convened that conference shall,---

(a) Where the conference was convened under section 18 (1) of this Act on the basis of a report
from a Social Worker or a member of the Police,--- (i) Communicate that decision,
recommendation, or plan to that Social Worker or member of the Police (or any person acting for
that Social Worker or that member of the Police), and to every person who will be directly involved
in the implementation of the decision, recommendation, or plan; and (ii) Seek the agreement of
that Social Worker or member of the Police (or any person acting for that Social Worker or that
member of the Police), and of every other person to whom that decision, recommendation, or plan
is communicated pursuant to subparagraph (i) of this paragraph, to that decision,
recommendation, or plan: (b) Where the conference was convened under section 19 (2) (a) of this
Act on the basis of a referral from any body, organisation, or Court,--- (i) Communicate that
decision, recommendation, or plan to that body, organisation, or Court, and to every person who
will be directly involved in the implementation of that decision, recommendation, or plan; and (ii)
Seek the agreement of that organisation or body, and of every other person (other than a Court)
to whom that decision, recommendation, or plan is communicated pursuant to subparagraph (i) of
this paragraph, to that decision, recommendation, or plan. (2) Where, pursuant to paragraph (a)
(i) or paragraph (b) (i) of subsection (1) of this section, a Care and Protection Co-ordinator meets
with any person, body, organisation, or Court for the purpose of communicating to that person,
body, organisation, or Court any decision, recommendation, or plan made or formulated by a
family group conference, the Care and Protection Co-ordinator may be accompanied by a person
nominated by that family group conference. (3) Where a Care and Protection Co-ordinator is
unable to secure agreement, under subsection (1) of this section, to a decision, recommendation,

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or plan made or formulated by a family group conference, the Care and Protection Co-ordinator
may, for the purpose of enabling that conference to reconsider that decision, recommendation, or
plan, reconvene that conference. (4) Any family group conference reconvened under subsection
(3) of this section may confirm, rescind, or modify its previous decision, recommendation, or plan,
or rescind its previous decision, recommendation, or plan and make or formulate a new decision,
recommendation, or plan. (5) Any decision, recommendation, or plan confirmed or modified
under subsection (4) of this section, and any new decision, recommendation, or plan made or
formulated under that subsection, shall be deemed to have been made or formulated pursuant to
section 29 of this Act.

31 Procedure where no agreement possible

31. (1) Where---

(a) The members of a family group conference are unable to agree on what decisions,
recommendations, or plans should be made in relation to the child or young person in respect
of whom the conference was convened; or

(b) A Care and Protection Co-ordinator is unable to secure agreement under section 30 of this Act
to the decisions, recommendations, and plans made or formulated by a family group
conference,--- the Care and Protection Co-ordinator who convened the conference---

(c) Shall,--- (i) Where the conference was convened under section 18 (1) of this Act on the basis
of a report from a Social Worker or a member of the Police, make a report on the matter to that
Social Worker or member of the Police; or (ii) In any other case, report the matter to a Social
Worker:

(d) Shall, where proceedings have been commenced under this Act in any Court in relation to the
child or young person in respect of whom the conference was convened, report the matter to that
Court:

(e) Shall, in every case, consult with a Care and Protection Resource Panel.

(2) Where a Care and Protection Co-ordinator makes a report, under subsection (1) (c) (i) or (ii) of
this section, to any Social Worker or member of the Police, that Social Worker or member of the
Police may take such action under this Act as that person considers appropriate.

32 Records of decisions, recommendations, and plans of family group conferences to be

made available to interested persons

32. Records of decisions, recommendations, and plans of family group conferences to be made
available to interested persons---(1) Every Care and Protection Co-ordinator who convenes a

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family group conference under this Part of this Act shall ensure that a copy of every record made
pursuant to section 29 (3) of this Act in relation to that conference is given or sent to---

(a) The child or young person in respect of whom the conference was convened, unless the child
or young person would be unable, by reason of its age or level of maturity, to understand the
contents of the record; and

(b) Every person who is a parent or guardian of that child or young person or has the care of that
child or young person; and

(c) Any barrister or solicitor or lay advocate representing the child or young person; and

(d) Any other person who is or will be directly affected by any decision, recommendation, or plan
detailed in that record; and

(e) Where there is an appropriate Iwi Authority or Cultural Authority with respect to the child or
young person, that Authority; and

(f) The appropriate Care and Protection Resource Panel.

(2) Where any child or young person is the subject of any proceedings under this Act before any
Court, a copy of the record made pursuant to section 29 (3) of this Act in respect of any family
group conference held in relation to that child or young person shall be made available to that
Court.

33 Department to maintain records of proceedings of family group conferences

33. Department to maintain records of proceedings of family group conferences---(1) Every

written record made pursuant to section 29 (3) of this Act in relation to a family group conference
shall be kept at the District Office of the Department nearest to where the conference is held.

(2) The following persons shall have access to any such record: (a) Any person to whom a copy of
that record is required to be sent pursuant to section 32 of this Act: (b) Any Care and Protection
Co-ordinator: (c) Any Social Worker: (d) Any other person who, in the opinion of a Care and
Protection Co-ordinator, has a genuine and proper interest in the matter.

(3) Nothing in this section limits or affects the Official Information Act 1982.

34 Director-General to give effect to decisions, recommendations, and plans of family

group conference

34. Director-General to give effect to decisions, recommendations, and plans of family group
conference---(1) The Director-General shall consider every decision, recommendation, or plan
that is made or formulated by a family group conference pursuant to this Part of this Act (other

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than a decision, recommendation, or plan to which the agreement of a Social Worker is not
secured under section 30 of this Act), and, unless it is clearly impracticable or clearly inconsistent
with the principles set out in sections 5, 6, and 13 of this Act, shall give effect to that decision,
recommendation, or plan by the provision of such services and resources, and the taking of such
action and steps, as are necessary and appropriate in the circumstances of the particular case.

(2) The Director-General may, from time to time, make such grants or provide such financial
assistance as may be necessary to give effect to any decision, recommendation, or plan made or
formulated by a family group conference pursuant to this Part of this Act.

35 Police to comply with decisions, recommendations, and plans of family group

conference

35. Police to comply with decisions, recommendations, and plans of family group
conference---Where--- (a) Any decision, recommendation, or plan is made or formulated by a
family group conference; and (b) Agreement to that decision, recommendation, or plan has been
secured under section 30 of this Act; and (c) The implementation of that decision,
recommendation, or plan involves any action on the part of the Police,--- unless it is clearly
impracticable or clearly inconsistent with the principles set out in sections 5, 6, and 13 of this Act
to do so, it is the duty of the Police to give effect to that decision, recommendation, or plan by the
taking of such action and steps as are necessary and appropriate in the circumstances of the
particular case.

36 Family group conference may reconvene to review its decisions, recommendations,

and plans

36. Family group conference may reconvene to review its decisions, recommendations, and
plans---(1) Where any decision, recommendation, or plan is made or formulated by a family group
conference pursuant to this Part of this Act, the Care and Protection Co-ordinator who convened
that conference may from time to time, at that Co-ordinator's own motion or at the request of at
least 2 members of that conference, reconvene that conference for the purpose of reviewing that
decision, recommendation, or plan.

(2) Sections 20 to 35 of this Act shall apply, with all necessary modifications, with respect to every
family group conference reconvened under this section.

37 Proceedings of family group conference privileged

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37. Proceedings of family group conference privileged---(1) No evidence shall be admissible in

any Court, or before any person acting judicially, of any information, statement, or admission
disclosed or made in the course of a family group conference.

(2) Nothing in subsection (1) of this section applies to a record made by a Care and Protection
Co-ordinator under section 29 (3) of this Act.

38 Proceedings of family group conference not to be published

38. Proceedings of family group conference not to be published---(1) Subject to subsection (2) of
this section, no person shall publish any report of the proceedings of any family group
conference.

(2) Nothing in subsection (1) of this section applies to the publication of--- (a) Statistical
information relating to family group conferences: (b) The results of any bona fide research
relating to family group conferences.

(3) In no case shall it be lawful to publish, in any report of the proceedings of any family group
conference, any particulars that are identifiable by any person (other than the person to whom
those particulars relate) as particulars relating to any particular person who was the subject of, or
a participant in, that family group conference.

(4) Every person who contravenes subsection (1) or subsection (3) of this section commits an
offence and is liable on summary conviction,--- (a) In the case of an individual, to a fine not
exceeding $2,000: (b) In the case of a body corporate, to a fine not exceeding $10,000.

IV: Youth Justice

Prosecution of Children and Young Persons

245 Proceedings not to be instituted against young person unless Youth Justice
Co-ordinator consulted and family group conference held

Prosecution of Children and Young Persons

245. Proceedings not to be instituted against young person unless Youth Justice Co-ordinator
consulted and family group conference held---(1) Where a young person is alleged to have
committed an offence, and the offence is such that if the young person is charged he or she will
be required pursuant to section 272 of this Act to be brought before a Youth Court then, unless
the young person has been arrested, no information in respect of that offence shall be laid

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unless--- (a) The informant believes that the institution of criminal proceedings against the young
person for that offence is required in the public interest; and (b) Consultation in relation to the
matter has taken place between--- (i) The informant, or a person acting on the informant's behalf;
and (ii) A Youth Justice Co-ordinator; and (c) The matter has been considered by a family group
conference convened under this Part of this Act.

(2) Notwithstanding anything in subparagraph (i) of paragraph (b) of subsection (1) of this
section, where the informant is not an enforcement officer, the consultation required by that
paragraph shall be consultation between a Youth Justice Co-ordinator and an enforcement
officer authorised in that behalf by the informant.

Cf. 1974, No. 72, s. 26; 1977, No. 126, s. 6 (1)

246 Procedure where young person arrested and brought before Court

246. Procedure where young person arrested and brought before Court---Where a young person
is arrested for an offence (other than murder or manslaughter or a traffic offence not punishable
by imprisonment) and is brought before a Youth Court to answer the charge, the following
provisions shall apply: (a) If, after consulting with the barrister or solicitor representing the young
person or with a Youth Advocate, the young person denies the charge, then the charge shall be
dealt with in accordance with sections 273 to 276 of this Act: (b) In any other case the Court shall
not enter a plea to the charge but shall--- (i) Direct a Youth Justice Co-ordinator to convene a
family group conference in relation to the matter; and (ii) Adjourn the proceedings until that family
group conference had been held.

247 Youth Justice Co-ordinator to convene family group conference

247. Youth Justice Co-ordinator to convene family group conference---Where--- (a) Pursuant to
section 18 (3) of this Act, a Youth Justice Co-ordinator is required to convene a family group
conference; or (b) After any consultations under section 245 (1) (b) of this Act in relation to any
offence alleged to have been committed by a young person, a Youth Justice Co-ordinator is
notified by an enforcement officer that the intended informant desires that the young person be
charged with that offence; or (c) Pursuant to section 246 (a) of this Act, a young person denies a
charge and the Court makes an order under section 238 (1) (d) or (e) of this Act for the detention
of the young person pending the determination of the charge; or (d) Pursuant to section 246 (b) (i)
of this Act, a Youth Justice Co-ordinator is directed by a Court to convene a family group
conference; or (e) A charge against a young person is proved before a Youth Court, and a family
group conference has not had an opportunity to consider ways in which the Court might deal with
the young person for the offence that forms the basis of that charge,--- a Youth Justice

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Co-ordinator shall, subject to sections 248 to 250 of this Act, fix the date on which and the time
and place at which a family group conference is to be held.

248 Family group conference not required in certain cases

248. Family group conference not required in certain cases---(1) Nothing in section 245 (1) (c) or
section 246 (b) or section 247 (b) or (d) or (e) or section 281 of this Act requires a family group
conference to be held in respect of any offence alleged or proved to have been committed by a
young person if--- (a) The offence is alleged or proved to have been committed on a date that is
earlier than the date on which--- (i) The young person was convicted and sentenced in the High
Court or a District Court; or (ii) A Youth Court made an order under section 283 of this Act in
respect of that young person--- for any other offence (not being an offence the maximum penalty
for which is less than the maximum penalty that may be imposed in respect of the first-mentioned
offence); and (b) The young person is subject to a full-time custodial sentence or a
community-based sentence (as those terms are defined in section 2 (1) of the Criminal Justice
Act 1985), or to any order made under any of paragraphs (k) to (o) of section 283 of this Act; and
(c) A Youth Justice Co-ordinator is of the view that the holding of a family group conference would
serve no useful purpose and the members of the family or whanau or family group of the young
person agree with that view.

(2) Nothing in subsection (1) of this section applies if the holding of a family group conference is
necessary for the purpose of considering whether a young person should be required to make
reparation for any offence.

(3) Where--- (a) A family group conference has been convened pursuant to section 247 of this Act
in relation to any offence alleged or proved to have been committed by a child or young person;
and (b) Before the family group conference has made any decision, recommendation, or plan
pursuant to section 260 of this Act in relation to that offence, that child or young person is alleged
or proven to have committed any other offence (being an offence in respect of which a family
group conference would be required to be held pursuant to section 247 of this Act),--- the family
group conference may make in respect of the latter offence any decision, recommendation, or
plan that it is empowered to make under section 260 of this Act, and it shall not be necessary to
convene a separate family group conference in relation to that latter offence.

249 Time limits for convening of family group conferences

249. Time limits for convening of family group conferences---(1) Every family group conference to
which section 247 (a) of this Act applies shall be convened not later than 21 days after the date on

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which the Youth Justice Co-ordinator received the report in relation to which the family group
conference is required to be held.

(2) Every family group conference to which paragraph (b) of section 247 of this Act applies shall
be convened not later than 21 days after the date on which the notification referred to in that
paragraph is received by the Youth Justice Co-ordinator.

(3) Every family group conference to which section 247 (c) of this Act applies shall be convened
not later than 7 days after the date on which the Court made the order under section 238 (1) (d) or
(e) of this Act for the detention of the young person pending the determination of the charge.

(4) Every family group conference to which section 247 (d) of this Act applies shall be
convened,--- (a) Where the young person in respect of whom that conference is to be held is
detained in custody pursuant to an order under section 238 (1) (d) or (e) of this Act, not later than
7 days after the date of the making of that order; or (b) In any other case, not later than 14 days
after the date on which the direction requiring that conference to be held was given.

(5) Every family group conference to which section 247 (e) of this Act applies shall be convened
not later than 14 days after the date on which the Court finds that the charge against the young
person is proved.

(6) Every family group conference to which subsection (3) or subsection (4) (a) of this section
applies shall be completed within 7 days after it is convened, unless there are special reasons
why a longer period is required.

250 Youth Justice Co-ordinator to consult family, whanau, or family group on convening
of family group conference

250. Youth Justice Co-ordinator to consult family, whanau, or family group on convening of family
group conference---Every Youth Justice Co-ordinator shall, before convening any family group
conference pursuant to this Part of this Act in respect of any child or young person, make all
reasonable endeavours to consult with the child's or young person's family, whanau, or family
group in relation to--- (a) The date on which, and the time and place at which, the conference is to
be held; and (b) The persons who should attend the conference; and (c) The procedure to be
adopted at the conference,--- and, subject to sections 249 and 251 of this Act, shall, so far as it is
practicable and consistent with the principles of this Act, give effect to the wishes of the child's or
young person's family, whanau, or family group in relation to those matters.

251 Persons entitled to attend family group conference

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251. Persons entitled to attend family group conference---(1) Subject to subsection (2) of this
section, the following persons are entitled to attend a family group conference convened under
this Part of this Act:

(a) The child or young person in respect of whom the conference is held:

(b) Every person who is--- (i) A parent or guardian of, or a person having the care of, that child or
young person; or (ii) A member of the family, whanau, or family group of that child or young
person:

(c) The Youth Justice Co-ordinator who is convening the conference, or any Youth Justice
Co-ordinator who is acting for that person:

(d) The informant or intended informant in the proceedings for the offence or alleged offence to
which the conference relates, or a representative of that person:

(e) If the informant or intended informant in those proceedings is not an enforcement officer
acting in that capacity, a representative of the appropriate enforcement agency:

(f) Any victim of the offence or alleged offence to which the conference relates, or a
representative of that victim:

(g) Any barrister or solicitor or Youth Advocate or lay advocate representing the child or young
person:

(h) A Social Worker, in any case where--- (i) The Director-General is a guardian of the child or
young person; or (ii) The Director-General is entitled to custody of the child or young person
pursuant to the Guardianship Act 1968 or under any order or agreement made under Part II of
this Act; or (iii) The Director-General is required, pursuant to an order made under section 91
of this Act, to provide support to the child or young person; or (iv) The young person is under
the supervision of the Director-General pursuant to an order made under section 283 (k) or
section 307 or section 311 of this Act:

(i) Where an Iwi Authority or a Cultural Authority or the Director of a Child and Family Support
Service--- (i) Is a guardian of the child or young person; or (ii) Is entitled to custody of the child or
young person pursuant to the Guardianship Act 1968 or under any order or agreement made
under Part II of this Act,--- a representative of that Authority or of the Director:

(j) Where the young person is subject to a community-based sentence (as that term is defined in
section 2 (1) of the Criminal Justice Act 1985),--- (i) A probation officer: (ii) In the case of a young
person who is subject to a sentence of community service (within the meaning of that Act), a
representative of the employing authority on whose behalf the young person is required to
perform any service for the purposes of the sentence: (iii) In the case of a young person who is
subject to a sentence of supervision (within the meaning of that Act), any person or agency, or a
representative of any person or agency, providing any course that the young person is required to
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undertake as a condition of the sentence: (iv) In the case of a young person who is subject to a
sentence of community care (within the meaning of that Act), any person or agency, or a
representative of any person or agency, conducting the programme that the young person is
required to undergo pursuant to the sentence:

(k) Where the child or young person is under the guardianship of the High Court pursuant to
section 9 of the Guardianship Act 1968, any person appointed as agent for the Court pursuant
to that section, or a representative of that person:

l) Where the child or young person is subject to an order made under section 91 of this Act, a
representative of the person or organisation required, pursuant to that order to provide support to
that child or young person:

(m) Where the young person is under the supervision of any person (not being the
Director-General), or any organisation, pursuant to an order made under section 283 (k) or
section 307 of this Act, that person or a representative of that organisation:

(n) Where a community work order made under section 283 (l) of this Act is in force with respect
to the young person, the Social Worker or person or a representative of the organisation
supervising the order:

(o) Any other person whose attendance at that conference is in accordance with the wishes of the
family, whanau, or family group of the child or young person as expressed under section 250 of
this Act.

(2) No person to whom any of paragraphs (c) to (n) (other than paragraph (k)) of subsection (1) of
this section applies is entitled to be present at any family group conference during any
discussions or deliberations held among the members of the family, whanau, or family group of
the child or young person in respect of whom the conference is held, unless those members
request any such person to be present.

252 Child or young person in custody to be permitted to attend family group conference

252. Child or young person in custody to be permitted to attend family group conference---(1) Any
child or young person who is entitled to attend a family group conference pursuant to section 251
(1) (a) of this Act and who is detained in the custody of the Director-General or the Police or in any
penal institution shall be permitted to attend that conference, unless it is impracticable for the child
or young person so to attend.

(2) Nothing in subsection (1) of this section entitles any child or young person to whom this
section applies to attend a family group conference otherwise than subject to such reasonable

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conditions as may be necessary to prevent the child or young person from absconding while the
child or young person is attending that conference.

(3) Where a child or young person to whom this section applies is entitled to attend a family group
conference and wishes to do so, the person having the custody of the child or young person shall,
without further authority than this section, cause that child or young person to be taken to the
place where that conference is to be held for the purpose of attending the conference.

253 Notification of convening of family group conference

253. Notification of convening of family group conference---(1) Subject to subsection (2) of this
section, every Youth Justice Co-ordinator who convenes a family group conference shall take all
reasonable steps to ensure that notice of the date on which, and the time and place at which, the
conference is to be held is given to every person who is entitled to attend that conference.

(2) No notice is required to be given pursuant to subsection (1) of this section to any person
whose whereabouts cannot, after reasonable enquiries, be ascertained.

(3) Every notice required by subsection (1) of this section shall be given a reasonable time before
the conference is to be held.

(4) Failure to notify any person in accordance with this section shall not affect the validity of the
proceedings of a family group conference unless it is shown that the failure is likely to have
materially affected the outcome of that conference.

254 Youth Justice Co-ordinator to ascertain views of persons unable to attend family
group conference

254. Youth Justice Co-ordinator to ascertain views of persons unable to attend family group
conference---(1) Every Youth Justice Co-ordinator who convenes a family group conference shall
take all reasonable steps to ascertain the views of any person who is entitled to attend the
conference but who has notified the Youth Justice Co-ordinator that he or she or it is unable, for
any reason, to do so.

(2) Where, in respect of any family group conference, a Youth Justice Co-ordinator ascertains the
views of any person pursuant to subsection (1) of this section, that Co-ordinator shall ensure that
those views are made known at that conference.

255 Youth Justice Co-ordinator to ensure that relevant information and advice made
available to family group conference

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255. Youth Justice Co-ordinator to ensure that relevant information and advice made available to
family group conference---(1) Every Youth Justice Co-ordinator who convenes a family group
conference shall take all reasonable steps to ensure that all information and advice required by
the conference to carry out its functions are made available to the conference.

(2) Subject to section 251 of this Act, where it is appropriate for any person to attend a family
group conference for the purpose of conveying to that conference any information or advice
required by that conference to carry out its functions, that person may attend that conference for
that purpose, but may otherwise attend the conference only with the agreement of the
conference.

256 Procedure at family group conference

256. Procedure at family group conference---(1) Subject to this Part of this Act, a family group
conference may regulate its procedure in such manner as it thinks fit.

(2) Subject to sections 5 (f) and 249 (6) of this Act, a family group conference may from time to
time be adjourned to a time and place determined by the conference.

257 Department to provide administrative services to family group conferences

257. Department to provide administrative services to family group conferences---The

Department shall provide such administrative services as may be necessary to enable a family
group conference to discharge its functions.

258 Functions of family group conference

258. Functions of family group conference---A family group conference convened under section
247 of this Act shall have such of the following functions as are appropriate in the
circumstances of the particular case:

(a) Where the conference is convened under paragraph (a) of that section,--- (i) To consider, in
relation to the child in respect of whom the conference was convened, such matters relating to the
care or protection of that child as the conference thinks fit; and (ii) Where the conference
considers that the child is in need of care or protection, to make such decisions or
recommendations, and to formulate such plans, in relation to that child as the conference
considers necessary or desirable, having regard to the principles set out in sections 5, 6, and 13
of this Act:

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(b) Where the conference is convened in relation to an alleged offence in respect of which
proceedings have not been commenced under this Part of this Act, to consider whether the young
person should be prosecuted for that offence or whether the matter can be dealt with in some
other way, and to recommend to the relevant enforcement agency accordingly:

(c) Where the young person in respect of whom the conference is convened is detained in the
custody of the Director-General or the Police pending the determination of a charge, to make a
recommendation to the Court in relation to the custody of the young person pending that
determination:

(d) Where the conference is convened in relation to an offence in respect of which proceedings
have been commenced under this Part of this Act, to consider whether the offence alleged to
have been committed by that young person should be dealt with by the Court or whether the
matter can be dealt with in some other way, and to recommend to the Court accordingly:

(e) Where the charge against the young person is admitted or proved, to consider how the young
person should be dealt with for that offence, and to recommend to the Court accordingly.

259 Family group conference to ascertain whether child or young person admits offence

259. Family group conference to ascertain whether child or young person admits offence---(1)
Every family group conference convened under this Part of this Act (other than a family group
conference convened under paragraph (c) or paragraph (e) of section 247 of this Act) shall seek
to ascertain whether the child or young person in respect of whom the conference is held admits
any offence alleged to have been committed by that child or young person.

(2) Where the child or young person does not admit the offence, or the family group conference is
unable to ascertain whether the child or young person admits the offence, the conference shall
not make or formulate any decision, recommendation, or plan if that decision, recommendation,
or plan cannot be made or formulated without assuming that the child or young person committed
the offence.

260 Family group conference may make decisions and recommendations and formulate
plans

260. Family group conference may make decisions and recommendations and formulate
plans---(1) Subject to section 259 (2) of this Act, a family group conference convened under this
Part of this Act may make such decisions and recommendations and formulate such plans as it
considers necessary or desirable in relation to the child or young person in respect of whom the
conference was convened.

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(2) Except as provided in section 258 (a) (ii) of this Act, in making such decisions and
recommendations and formulating such plans, the conference shall have regard to the principles
set out in section 208 of this Act.

(3) Without limiting the generality of subsection (1) of this section, a family group conference
may--- (a) Recommend that any proceedings commenced against the child or young person for
any offence should proceed or be discontinued: (b) Recommend that a formal Police caution
should be given to the child or young person: (c) Recommend that an application for a declaration
under section 67 of this Act should be made in respect of the child: (d) Recommend appropriate
penalties that might be imposed on the young person: (e) Recommend that the child or young
person make reparation to any victim of the offence.

261 Family group conference may make decisions, recommendations, and plans relating
to care or protection of child or young person

261. Family group conference may make decisions, recommendations, and plans relating to care
or protection of child or young person---(1) Where any family group conference convened under
this Part of this Act considers that the child or young person in respect of whom that conference is
held is in need of care or protection (within the meaning of section 14 of this Act), that conference
may, with the prior agreement of a Care and Protection Co-ordinator, make or formulate such
decisions, recommendations, and plans as it considers necessary or desirable in relation to the
care or protection of the child or young person.

(2) Every such decision, recommendation, or plan shall be deemed to have been made or
formulated pursuant to section 29 of this Act, and the provisions of sections 30 to 38 of this Act
shall apply, so far as applicable and with all necessary modifications, with respect to the decision,
recommendation, or plan.

(3) Every family group conference to which this section applies shall be deemed, for the purposes
of Parts II and III of this Act, to be a family group conference convened pursuant to Part II of this
Act.

262 Youth Justice Co-ordinator to make record of decisions, recommendations, and plans
of family group conference

262. Youth Justice Co-ordinator to make record of decisions, recommendations, and plans of
family group conference---Every Youth Justice Co-ordinator who convenes a family group
conference shall cause to be made a written record of the details of the decisions and
recommendations made, and the plans formulated, by that conference pursuant to section 260 or
section 261 of this Act.

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263 Youth Justice Co-ordinator to seek agreement to decisions, recommendations, and

plans of family group conference

263. Youth Justice Co-ordinator to seek agreement to decisions, recommendations, and plans of
family group conference---(1) Where a family group conference makes any decision or
recommendation, or formulates any plan, pursuant to section 260 of this Act or subsection (4)
of this section, the Youth Justice Co-ordinator who convened that conference shall---

(a) Where the conference was convened under section 247 (a) of this Act on the basis of a report
from an enforcement officer,--- (i) Communicate that decision, recommendation, or plan to that
enforcement officer (or any person acting for that enforcement officer), and to every person who
will be directly involved in the implementation of the decision, recommendation, or plan; and (ii)
Seek the agreement of that enforcement officer (or any person acting for that enforcement
officer), and of every other person to whom that decision, recommendation, or plan is
communicated pursuant to subparagraph (i) of this paragraph, to that decision, recommendation,
or plan:

(b) Where the conference was convened under section 247 (b) or (d) or (e) of this Act,--- (i)
Communicate that decision, recommendation, or plan to the informant or intended informant in
the proceedings for the offence or alleged offence to which the conference relates (or to any
person acting for that informant or intended informant), and to every person who will be directly
involved in the implementation of the decision, recommendation, or plan; and (ii) Seek the
agreement of that person, and of every other person to whom that decision, recommendation, or
plan is communicated pursuant to subparagraph (i) of this paragraph, to that decision,
recommendation, or plan:

(c) Where the conference was convened under section 247 (c) of this Act, communicate that
decision, recommendation, or plan to the Court.

(2) Where, pursuant to paragraph (a) (i) or paragraph (b) (i) of subsection (1) of this section, a
Youth Justice Co-ordinator meets with any person for the purpose of communicating to that
person any decision, recommendation, or plan made or formulated by a family group conference,
the Youth Justice Co-ordinator may be accompanied by a person nominated by that family group
conference.

(3) Where a Youth Justice Co-ordinator is unable to secure agreement, under subsection (1) of
this section, to a decision, recommendation, or plan made or formulated by a family group
conference, the Youth Justice Co-ordinator may reconvene that conference for the purpose of
enabling that conference to reconsider that decision, recommendation, or plan.

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Prof. Frank Früchtel: Juristische Grundlagen der Family Group Conference in Neuseeland; [email protected]

(4) Any family group conference reconvened under subsection (3) of this section may confirm,
rescind, or modify its previous decision, recommendation, or plan, or rescind its previous
decision, recommendation, or plan and make or formulate a new decision, recommendation, or
plan.

(5) Any decision, recommendation, or plan confirmed or modified under subsection (4) of this
section, and any new decision, recommendation, or plan made or formulated under that
subsection, shall be deemed to have been made or formulated pursuant to section 260 of this Act.

264 Procedure where no agreement possible

4. Procedure where no agreement possible---(1) Where--- (a) The members of a family group
conference are unable to agree on what decisions, recommendations, or plans should be made in
relation to the child or young person in respect of whom the conference was convened; or (b) A
Youth Justice Co-ordinator is unable to secure agreement under section 263 of this Act to the
decisions, recommendations, and plans made or formulated by a family group conference,--- the
Youth Justice Co-ordinator who convened the conference shall--- (c) Adjourn the proceedings of
the family group conference; and (d) Where the conference was convened under section 247 (a)
or (b) of this Act, report the matter to the appropriate enforcement agency; and (e) Where the
conference was convened under section 247 (d) or (e) of this Act, report the matter to the Court.

(2) Where a Youth Justice Co-ordinator makes a report under subsection (1) (d) of this section to
an enforcement agency, any enforcement officer may take such action under this Act as that
officer considers appropriate.

265 Records of decisions, recommendations, and plans of family group conference to be

made available to interested persons

265. Records of decisions, recommendations, and plans of family group conference to be made
available to interested persons---(1) Every Youth Justice Co-ordinator who convenes a family
group conference shall ensure that a copy of every record made pursuant to section 262 of this
Act in relation to that conference is given or sent to--- (a) The child or young person in respect of
whom the conference was convened; and (b) Every person who is a parent or guardian of that
child or young person or has the care of that child or young person; and (c) Any barrister or
solicitor, Youth Advocate, or lay advocate representing the child or young person; and (d) The
informant or intended informant in the proceedings for the offence or alleged offence in respect of
which the conference was held; and (e) If the informant or intended informant in those
proceedings is not an enforcement officer acting in that capacity, the appropriate enforcement
agency; and (f) Any victim of the offence or alleged offence in respect of which the conference

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Prof. Frank Früchtel: Juristische Grundlagen der Family Group Conference in Neuseeland; [email protected]

was held; and (g) Any other person who is or will be directly affected by any decision,
recommendation, or plan detailed in that record; and (h) Where there is an appropriate Iwi
Authority or Cultural Authority with respect to the child or young person, that Authority.

(2) Where the child or young person is the subject of proceedings under this Part or Part II of this
Act, a copy of the record made pursuant to section 262 of this Act shall be made available to the
Court that is hearing those proceedings.

266 Department to maintain records of proceedings of family group conferences

266. Department to maintain records of proceedings of family group conferences---(1) Every

written record made pursuant to section 262 of this Act in relation to a family group conference
shall be kept at the District Office of the Department that is nearest to where the conference is
held.

(2) The following persons shall have access to any such record: (a) Any person who is required,
by section 265 of this Act, to be sent a copy of that record: (b) Any Youth Justice Co-ordinator: (c)
Any Social Worker: (d) Any other person who, in the opinion of a Youth Justice Co-ordinator, has
a genuine and proper interest in the matter.

(3) Nothing in this section limits or affects the Official Information Act 1982.

267 Enforcement agencies to comply with decisions, recommendations, and plans of

family group conference

267. Enforcement agencies to comply with decisions, recommendations, and plans of family
group conference---Where--- (a) Any decision, recommendation, or plan is made or formulated
by a family group conference under section 260 of this Act; and (b) Agreement to that decision,
recommendation, or plan has been secured under section 263 of this Act; and (c) That decision,
recommendation, or plan relates to any offence alleged or proved to have been committed by the
young person in respect of whom that conference was held; and (d) The implementation of that
decision, recommendation, or plan involves any action on the part of any enforcement agency,---
unless it is clearly impracticable or clearly inconsistent with the principles set out in sections 5 and
208 of this Act, it is the duty of that agency to give effect to that decision, recommendation, or plan
by the taking of such action and steps as are necessary and appropriate in the circumstances of
the particular case.

268 Director-General to give effect to decisions, recommendations, and plans of family

group conference

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Prof. Frank Früchtel: Juristische Grundlagen der Family Group Conference in Neuseeland; [email protected]

268. Director-General to give effect to decisions, recommendations, and plans of family group
conference---(1) Where--- (a) Any decision, recommendation, or plan is made or formulated by a
family group conference under section 260 of this Act; and (b) The implementation of that
decision, recommendation, or plan involves any action on the part of the Director-General,--- the
Director-General shall consider that decision, recommendation, or plan, and, unless it is clearly
impracticable or clearly inconsistent with the principles set out in sections 5 and 208 of this Act,
shall give effect to that decision, recommendation, or plan by the provision of such services and
resources, and the taking of such action and steps, as are necessary and appropriate in the
circumstances of the particular case.

(2) Where the Director-General considers that it is clearly impracticable or clearly inconsistent
with the principles set out in sections 5 and 208 of this Act to give effect to any decision,
recommendation, or plan made or formulated by a family group conference, the Director-General
shall notify that fact to a Youth Justice Co-ordinator, who may reconvene the family group
conference for the purpose of considering whether to make or formulate any other decision,
recommendation, or plan.

(3) Sections 250 to 269 of this Act shall apply, with all necessary modifications, with respect to
every family group conference reconvened under subsection (2) of this section.

269 Director-General may provide financial assistance to enable decisions, etc., of family
group conference to be carried out

269. Director-General may provide financial assistance to enable decisions, etc., of family group
conference to be carried out---The Director-General may, from time to time, make such grants or
provide such financial assistance as may be necessary to give effect to any decision,
recommendation, or plan made or formulated by a family group conference pursuant to section
260 of this Act.

270 Family group conference may reconvene to review its decisions, recommendations,
and plans

270. Family group conference may reconvene to review its decisions, recommendations, and
plans---(1) Where any decision, recommendation, or plan is made or formulated by a family group
conference pursuant to this Part of this Act, a Youth Justice Co-ordinator may from time to time, at
that Co-ordinator's own motion or at the request of at least 2 members of that conference,
reconvene that conference for the purpose of reviewing that decision, recommendation, or plan.

(2) Sections 250 to 269 of this Act shall apply, with all necessary modifications, with respect to
every family group conference reconvened under this section.

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Prof. Frank Früchtel: Juristische Grundlagen der Family Group Conference in Neuseeland; [email protected]

271 Proceedings of family group conference privileged and not to be published

271. Proceedings of family group conference privileged and not to be published---Sections 37

and 38 of this Act (which relate to privilege and the publication of the proceedings of a family
group conference) shall apply, with all necessary modifications, with respect to every family group
conference convened or reconvened under this Part of this Act.

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