Traffic offences in Youth Court jurisdiction

Section 4A(2) of the Oranga Tamariki Act

When providing information, advice, plans and reports to the Youth Court, youth justice practitioners have a duty to carefully balance the implications of 4 primary considerations set out in section 4A(2) of the Oranga Tamariki Act:

1. the wellbeing and best interest of  te tamaiti or rangatahi
2. the public interest (which includes public safety)
3. the interest of any victims
4. the accountability of te tamaiti or rangatahi for their behaviour.

We engage with Police to understand the impact on victims, whether there is an increased risk to public safety and the extent to which this increased risk can be addressed while te tamaiti or rangatahi remains in the community.

Category 1 traffic offences: not punishable by imprisonment

A ‘category 1 offence’ means an offence that is not punishable by imprisonment but does involve a person being charged, fined and sometimes disqualified from driving.

Examples of category 1 offences are:

• exceeding the speed limit by more than 50km/h (maximum fine of $1000)
• driving an unsafe vehicle (maximum fine of $2000)
• pouring oil, diesel or other substances on the road to cause wheel-spins (maximum fine of $3000)
• careless driving that doesn’t cause injury or death (maximum fine of $3000, and you can also be disqualified for a period)
• failing to remain stopped for Police when required (maximum fine of $10,000).

Criminal Procedure Act 2011

Category 2 traffic offences: penalty of less than 2 years’ prison

Category 2 offences carry a prison sentence of less than 2 years, or a community-based sentence such as community work, supervision or community detention.

Examples of category 2 driving offences are:

• reckless driving
• failing to stop after being in an accident, if no other person is injured or killed
• a first or second drink-driving conviction
• careless driving causing injury or death
• street-racing or wheel-spinning where no injury or death is caused.

Those offences are all punishable by a prison term of up to 3 months or a maximum fine of $4500 and a disqualification from driving for at least 6 months.

Category 3 traffic offences: penalty of 2 years’ or more imprisonment

Category 3 offences are those carrying a prison term of 2 years or more.

For these offences, there is the right to choose a jury trial, instead of a judge-alone trial. The trial will be transferred to the District Court, with an initial appearance in the Youth Court in accordance with section 275(2)(a).

Judge-alone hearings are heard in the Youth Court.

Examples of category 3 driving offences include:

• dangerous driving causing injury (maximum prison term of 5 years or a maximum fine of $20,000, and compulsory disqualification for at least 1 year)
• street-racing or wheel-spinning causing injury (maximum prison term of 5 years or a maximum fine of $20,000, and compulsory disqualification for at least 1 year)
• aggravated careless driving causing injury or death (maximum prison term of 3 years or a maximum fine of $10,000)
• a third or further drink-driving conviction (a maximum prison term of 2 years or a maximum fine of $6000, and compulsory disqualification for more than 1 year).

Infringement traffic offences can only be included in Youth Court jurisdiction under the following circumstances

Infringement offences are included in the Youth Court jurisdiction if a tamaiti or rangatahi is charged with an infringement offence and:

• they are charged with another offence that falls in the Youth Court jurisdiction, and
• both offences arise out of the same event or series of events, and
• the Youth Court considers that:
  • it is desirable that the charges be heard together, or
  • the charges can be conveniently heard together.

Family group conferences in these cases can only be directed by the Youth Court.

Jurisdiction of Youth Court and children’s liability to be prosecuted for criminal offences – section 272(5) of the Oranga Tamariki Act 1989

Examples of infringement offences:

• a moving vehicle offence
• a stationary vehicle offence
• an overloading or overdimension offence
• an offence against the Land Transport Act 1998 concerning logbooks that is committed by a transport service driver
• an infringement offence specified in regulations made under the Land Transport Act 1998
• a toll offence.