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Page URL: https://practice.orangatamariki.govt.nz/policy/using-family-court-orders-to-respond-to-tamariki-who-offend-section-141e/
Printed: 26/04/2024
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Last updated: 19/10/2023

Using Family Court orders to respond to tamariki who offend – section 14(1)(e)

Applications for care or protection orders on section 14(1)(e) grounds are made by enforcement officers. Offending by tamariki aged 10 to 13 years is managed through a youth justice process but is primarily a care and protection concern.

When this policy applies

This policy applies to tamariki aged 10 to 13 years (inclusive) who have offended and for whom a care or protection order has been sought in the Family Court on the grounds of section 14(1)(e) of the Oranga Tamariki Act 1989.

Working with Māori

When working with tamariki Māori, we must have regard for mana tamaiti (tamariki) as well as the whanaungatanga responsibilities of their whānau, hapū and iwi.

We use Māori models of practice and Oranga Tamariki tools to support our practice.

Working with Māori: Te Toka Tūmoana

Our Māori cultural framework | orangatamariki.govt.nz

Practice for working effectively with Māori

Whakamana te tamaiti: Practice empowering tamariki Māori

Working with Pacific peoples – Va'aifetū

Va'aifetū supports quality practice with Pacific children and young people and helps us to work effectively with children and families of the different Pacific nations.

We should use Va'aifetū alongside existing practice guidance and tools to respond to the care and protection concerns for Pacific children who have offended. We must evidence this in our records and ensure that we apply the Va'aifetū practice considerations relevant to each child's Pacific nation of origin.

Working with Pacific peoples – Va'aifetū

Family group conference

If Police make without notice applications for Family Court orders under the grounds of section 14(1)(e), the court then makes a referral for a family group conference under section 70(3).

We must follow the policy for convening a youth justice family group conference and the interagency protocol for family group conferences for children who offend. 

Joint protocol for family group conferences for children who offend (PDF 561 KB)

Policy: Convening the youth justice family group conference

Discharging Family Court orders for tamariki who offend

Te tamaiti and their whānau or family must not be subject to Family Court orders for any longer than is absolutely necessary to address the offending and care and protection concerns.

Where te tamaiti has completed their plan and is only before the court as a result of their prior offending, then we should seek to have the orders discharged as soon as possible.

Where there are ongoing additional care or protection concerns for te tamaiti, then we should acknowledge the success of te tamaiti and their whānau or family in addressing their offending behaviour and orders should be discharged or amended to appropriately reflect only the ongoing needs and support on the revised plan.