Youth Court

Social workers must consult with partner agencies to understand the impact on victims and whether there is an increased risk to public safety when supporting the court to consider appropriate care arrangements.

We must record our rationale for any decision or action, including how we have regard to balancing the oranga of te tamaiti or rangatahi, public safety and interests, the interests of any victims, and the accountability of te tamaiti or rangatahi for their offending.

A social worker must accompany a tamaiti or rangatahi who is in the custody or guardianship of the chief executive if they are required to appear in the Youth Court. If in exceptional circumstances the social worker is unable to attend the Youth Court, they must prepare the court supervisor or court officer to support te tamaiti or rangatahi.

In most Youth Court list hearings, the chief executive is represented by a court supervisor or court officer who is present throughout the sitting. Their role is to help to manage remands into custody, ensure reports are available when required, and speak on behalf of the chief executive on routine matters.

Youth justice coordinators may attend the Youth Court to respond to specific questions by the judge about a family group conference – for example, when a family group conference will be held or the specific outcome of a family group conference.

Oranga Tamariki solicitors do not generally appear in the Youth Court as the chief executive is not usually the 'applicant' in Youth Court proceedings. A solicitor may appear on a Breach Application, as the chief executive is the applicant in that circumstance. A solicitor may also appear in cross-over hearings, or when there are complicated legal issues to be addressed.

If a tamaiti aged 12 or 13 years old appears in the Youth Court, a youth advocate must be appointed by the court and must always be present. In these situations, we always consult an Oranga Tamariki solicitor and discuss with the solicitor whether it would be helpful for them to appear.

If you are in court and unsure about a question you've been asked, you can ask the court to give you time to consult with a solicitor or your supervisor.

Working in the Youth Court Te Kōti Taiohi o Aotearoa

Plans for education must be developed in consultation with parents or legal guardians. Consideration must also be given to supporting access to parenting education, mentoring, and alcohol and drug programmes.

The plan must ensure that significant relationships (including those with siblings) and connections (including to significant places such as marae) are supported and maintained.

Tamariki and rangatahi in the care or custody of the Oranga Tamariki chief executive must also have a Goal Plan that will support the Youth Court plan.

Policy: Goal Plan for te tamaiti or rangatahi

When planning, we must recognise and have regard to:

• mana tamaiti (tamariki or rangatahi)
• the whakapapa of tamariki and rangatahi Māori
• the genealogical and family connections of tamariki or rangatahi
• the whanaungatanga responsibilities of family, whānau, hapū, iwi and family group
• cultural support needs
• values, cultural beliefs and practices of te tamaiti or rangatahi and their whānau or family.

The views of te tamaiti or rangatahi must be taken into account in any plan. Te tamaiti or rangatahi must also be able to:

• freely express their views through the planning process
• participate in the preparation of their plans
• review their plans.

Planning for the Youth Court Te Kōti Taiohi o Aotearoa

Policy: Holding a youth justice family group conference

Wherever practicable and appropriate, we must consult with te tamaiti or rangatahi and their family, whānau, hapū, iwi and family group and other people and organisations on any information about them that may be disclosed to the Youth Court.

Policy: Supporting, monitoring and reviewing the youth justice family group conference plan

Policy: Supporting the participation of tamariki and rangatahi

Consulting about sharing information

Plans must:

• contain clear objectives
• clearly indicate how objectives will be met (effectiveness reports, where applicable, must show how the objectives have already been met)
• include how community safety and interests, the rights of victims, and tamariki or rangatahi accountability will be addressed
• state who will be responsible for defined actions
• outline the timeframes within which they will be achieved
• be sent to the court at least 1 to 3 days before the next scheduled court appearance
• be implemented, monitored and reviewed in the agreed timeframes.

Planning for Youth Court

Supporting te tamaiti or rangatahi and their family or whānau

The support te tamaiti or rangatahi and their family or whānau is receiving should be documented in the plan. This means that:

• we must engage with te tamaiti or rangatahi and their whānau or family early in order to identify the supports needed
• the views of family, whānau, hapū, iwi and family group must be considered in developing the plan
• the plan must be implemented, monitored and reviewed in the agreed timeframes
• contact with te tamaiti or rangatahi and their family or whānau must occur at the frequency necessary to support the plan and the needs of te tamaiti or rangatahi.

Family group conference plans

Sending the family group conference plans to the Youth Court

The youth justice family group conference coordinator must send a signed copy of the family group conference plan to the Youth Court so it can be placed on the file of te tamaiti or rangatahi.

The plan must be sent to the Youth Court a minimum of 24 hours before the next scheduled court appearance. This still applies when the family group conference has not reached an agreement. In this case, the Record of Decisions made by the family group conference will simply record that no agreement was reached.

If Police signal the possibility of an application for a Young Serious Offender declaration, the family group conference plan will need to include detail to respond if the court makes or does not make a declaration that the rangatahi is a Young Serious Offender.

Policy: Convening the youth justice family group conference

Policy: Holding the youth justice family group conference

Policy: Young Serious Offender declaration

Court sanction of the family group conference plan

At the Youth Court, the judge considers any decisions, recommendations and plans made at a family group conference before taking any action regarding the offending.

Where the plan recommends an order under section 283, the court:

• may request a section 334 report before making an order under section 283(a) to (j)
• must request a section 334 report before taking any of the following actions:
  • making an order under section 283(ja) to (o), or
  • making an order under section 296FB(3) (Police application for further orders if a rangatahi who is a Young Serious Offender has failed to comply with specified conditions)
  • making an order under section 296G (intensive supervision order)
  • making a Young Serious Offender declaration under section 320J
  • making an order extending a Young Serious Offender declaration under section 320O
  • varying a Military-Style Academy order under section 320ZB or 320ZC.

A section 335 implementation plan must accompany the section 334 report where the order is made under section 283(ja), (jb), (jc), (k), (l), (m) or (n), (na) and section 296G.

Policy: Supporting, monitoring and reviewing the youth justice family group conference plan

Unless the court directs otherwise, a social worker must monitor and review all plans agreed at the Youth Court as required by the Oranga Tamariki Act 1989 (for example, because of a custodial or supervisory role).

Policy: Convening the youth justice family group conference

Policy: Holding the youth justice family group conference

Policy: Supporting, monitoring and reviewing the youth justice family group conference plan

Effectiveness reports

An effectiveness report must be filed with the Youth Court on the expiry of the following orders:

• parenting programme – including orders made against te tamaiti or rangatahi and against the parent or guardian or other person having the care of te tamaiti or rangatahi
• mentoring programme
• alcohol or other drug rehabilitation programme
• supervision
• community work
• supervision with activity
• supervision with residence
• intensive supervision
• Military-Style Academy order.

The person or organisation providing the community work or providing a programme (if they are named on the order) must provide the effectiveness report.

If te tamaiti or rangatahi has been under the supervision of any other person or organisation (if they are named on the order), then the report must be prepared by that person or organisation.

When several orders are in place naming the chief executive, the social worker must prepare separate effectiveness reports for each order.

The report must provide enough detail to enable the court to ascertain how effective the order has been for te tamaiti or rangatahi (section 320(4)). Any report prepared by a social worker must be approved by the youth justice supervisor.

Young Serious Offender declaration

Police can apply for a Young Serious Offender declaration when they believe that a rangatahi meets the legal criteria for the declaration. The Young Serious Offender declaration unlocks a number of specific conditions and orders from the Youth Court. It also changes the duration of some orders.

Policy: Young Serious Offender declaration

Supervision with residence order – section 283(n)

If we are considering applying for a supervision with residence order, there must be consultation with the practice leader and the team leader clinical practice.

The section 335 plan for a proposed section 311 supervision with residence order prepared by the social worker must contain the name of the proposed residence. Ultimately, the decision to place tamariki or rangatahi in a youth justice residence rests with the court.

If off-site visits or activities are anticipated when the section 335 plan is prepared, they must be included in the plan. This would require prior planning with the residence before the order commences.

Any anticipated or possible time away from the residence should also be included in the plan that is submitted to the court.

Te tamaiti or rangatahi must be placed in the residence that is identified in the section 335 plan once the plan has been approved by the court.

An assessment report to articulate our current understanding for te tamaiti or rangatahi must also be prepared at this time. Subsequently, the Goal Plan and Youth Justice Residential Plan (if this is in place) must be updated to take into consideration the new care arrangements. We must ensure tamariki or rangatahi are prepared and supported to have their needs, including cultural needs, met while in the residence.

For tamariki or rangatahi under a care or custody order in the community or in a residence, their Goal Plan is the primary plan we work from and supports any overarching family group conference or court plan. In some cases, some of the more detailed needs of, and support for, tamariki and rangatahi may be captured in another plan. Where this occurs, the detailed plan must be referenced and linked to the Goal Plan.

Policy: Working with tamariki and rangatahi in residences

If there is a need to transfer te tamaiti or rangatahi to another residence, we must seek and obtain the approval of the court (section 312(3)) before the transfer. When this occurs, we must also contact the manager of the residence to which te tamaiti or rangatahi is being transferred to.

The key social worker is responsible for applying to the Youth Court for approval to transfer te tamaiti or rangatahi from the existing residence to another residence. They should seek legal advice.

Military-style academy order – section 283(na)

This order can only be made if the rangatahi has a Young Serious Offender declaration.

In line with section 335(4), plans relating to the Military-Style Academy order must include details of when and where the military-style academy will take place, details about any parts for the programme that will take place outside the residences (including details about the provider of those programmes, the locations and times of the programme, details about activities to support oranga (health, learning and wellbeing) and vocational and training needs). The plans must also include details of rehabilitation and how the rangatahi will be re-integrated back into their community.

Military-Style Academy orders

A direction for judicial monitoring requires te tamaiti or rangatahi to attend the Youth Court at least every 3 months. A social worker must provide a written progress report for the first of those judicial monitoring court appearances. The court may also direct further social work progress reports.

The Police or a social worker may also ask the court to issue a summons directing te tamaiti or rangatahi to attend the court for judicial monitoring. We must endeavour to support te tamaiti or rangatahi to attend the court. If te tamaiti or rangatahi then fails to attend the court, the court may issue a warrant to arrest.

The court can direct judicial monitoring when making a Young Serious Offender declaration or when responding to new offending when the rangatahi has a Young Serious Offender declaration.

Failure to comply with judicial monitoring may result in the making of an intensive supervision order or a curfew with electronic monitoring, or more restrictive orders.

The court may impose electronic monitoring or curfews under a Supervision with Activity order for Young Serious Offender without a Failure to Comply declaration, or history of failure to comply with judicially monitored conditions.

Intensive supervision order (section 296G)

Considerations before imposing a curfew and electronic monitoring for Young Serious Offenders

Review of orders made for 8 months or more

The social worker must review the section 335 court plan when the following orders are made for 8 months or more:

• mentoring order
• alcohol and other drug rehabilitation programme order
• supervision order (if it accompanies a supervision with residence order, or for a Young Serious Offender declaration)
• supervision with activity order (with a Young Serious Offender declaration).

The social worker must provide the court with a report setting out the results of the review and a revised plan within 6 months of the order coming into effect.

Supervision orders made under section 283(k)(iii) or (iv) and supervision with activity orders made under section 283(m) where rangatahi are subject to a Young Serious Offender declaration for a period exceeding 6 months must be reviewed 6 months after the order comes into force (under section 283(k)(iii) or (iv)). 

The report must:

• cover which objectives of the plan have been achieved
• outline what needs to occur for the remainder of the objectives to be achieved.
• contain a statement about whether the recommendations are agreed to by the people referred to in section 191
• record the views of te tamaiti or rangatahi and give reasons if those views were not followed.

Any recommendations in the report must:

• state whether any orders in place should continue in force, or be varied, suspended, or discharged
• consider whether any condition of the order should be continued in force, or be varied, suspended or discharged
• outline reasons for any such recommendations.

Wherever practicable and appropriate, we must consult with te tamaiti or rangatahi and their family, whānau, hapū, iwi and family group and other people and organisations on any information about them that may be disclosed to the Youth Court.

Policy: Sharing information

The court will specify the review date when it makes the order.

Any applications must be discussed with the Oranga Tamariki solicitor, who must then check the paperwork (as the application is filed in their name). The document cannot be filed in the name of the solicitor unless it has been reviewed or authorised by that solicitor. The court will not automatically direct a family group conference where the breach or failure to comply relates to a rangatahi who has a Young Serious Offender declaration.

The social worker must ensure all actions taken to address breaches with te tamaiti or rangatahi and their whānau or family are casenoted in CYRAS.

Orders and monitoring in the Youth Court

Cancelling, varying or suspending a Military-Style Academy order

For Military-Style Academy orders, the court can, on application, cancel, vary or temporarily suspend the order.

An application to cancel or vary the Military-Style Academy order can be made by the chief executive or another party on the following compassionate grounds:

• the offender has given birth, or is expected to soon give birth
• the offender is seriously ill and unlikely to recover
• any parent or guardian of the offender is seriously ill and unlikely to recover.

If there is an application to cancel or vary the Military-Style Academy order, or an intention to apply, we must have a case consult with practice leader and legal to:

• build understanding of the grounds to cancel or vary the Military-Style Academy order
• determine if legal action is to be taken or plan a response to legal action
• consider any variation, substitution or discharge of the order that may be required.

Any application to cancel or vary the Military-Style Academy order due to absconding or failure to comply can only be made by the chief executive (section 320ZB).

Kaimahi must consult with Legal Services for any applications in relation to varying, cancelling or suspending the Military-Style Academy orders. Legal Services must check the paperwork (as the application is filed in their name). The document cannot be filed in the name of the solicitor unless it has been reviewed or authorised by that solicitor.

An application to temporarily suspend the Military-Style Academy order can be made by the chief executive or another party while disposing of an application to cancel or vary a Military-Style Academy order.

Application to vary a plan

Sometimes the needs and circumstances of a tamaiti or rangatahi may change while on a supervision with residence order or a rangatahi on a Young Serious Offender declaration on a Military-Style Academy order. This may require the approved plan related to the supervision with residence order or Military-Style Academy order to be amended. Any changes to their plan requires an application to the Youth Court to vary that plan. The reasons might include (but are not limited to):

• changes to the location or provider of planned offsite activities
• changes to a Military-Style Academy order if the rangatahi absconds or fails to comply with the order
• changes to a condition of a Young Serious Offender supervision with residence order (if the court discharges the Young Serious Offender declaration)
• a tamaiti or rangatahi is injured or ill and could not take part in a certain activity, or their health needs changed
• a change in disability needs of te tamaiti or rangatahi.

Any applications must be discussed with the Oranga Tamariki solicitor, who would then check the paperwork (as the application is filed in their name). The document cannot be filed in the name of the solicitor unless it has been reviewed or authorised by that solicitor.

Warrant to arrest te tamaiti or rangatahi who has failed to comply to ensure attendance at court

The Youth Court can issue a warrant to have te tamaiti or rangatahi arrested and brought before the Youth Court.

Orders and monitoring for the Youth Court Te Kōti Taiohi o Aotearoa – Warrant to arrest rangatahi to ensure attendance at court (section 296C)

Rangatahi who are subject to a Young Serious Offender declaration are not eligible for early release from a Supervision with Residence order.

If the court is satisfied that the early release criteria have been met, then te tamaiti or rangatahi must be released from section 311 custody immediately. The supervision order will then start.

To help the court decide if te tamaiti or rangatahi should be released early from custody, the residential case leader must prepare a section 314 report.

The social worker prepares the section 335 plan for the supervision order, which will identify what interventions are required to support te tamaiti or rangatahi.

We must prepare an assessment report that clearly identifies the needs and potential risks for te tamaiti or rangatahi and our understanding and analysis of these, supported by other assessments as required.

Even if we have a belief that te tamaiti or rangatahi is unlikely to receive an early release, the section 335 plan must still be completed and filed with the court, as the final decision remains with the presiding Youth Court judge.

Early release not supported or contentious

When early release for te tamaiti or rangatahi is not supported by Oranga Tamariki, the residential case leader must seek legal advice from their regional solicitor before submitting the section 314 report to the Youth Court. This must be done at least 3 working days before the hearing day.

The social worker must also file the section 334 report and section 335 plan at this time if the supervision order has not already been made.

In particularly difficult cases, the attendance of the solicitor at the Youth Court should be considered. Consultation with the Legal Services solicitor and notification of the court date should occur as soon as practicable. If a tamaiti aged 12 or 13 years old appears in Youth Court, a youth advocate must be appointed by the court and must always be present.

Always consult an Oranga Tamariki solicitor and discuss with the solicitor whether it would be helpful for them to appear.

Release of tamariki or rangatahi who do not receive an early release and non-release days

If te tamaiti or rangatahi is not granted early release under section 314, then they must be released from custody on the date that the supervision with residence order expires, unless that day is a 'non-release' day as identified in section 317 of the Oranga Tamariki Act 1989.

When supervision with residence order ceases to have effect – section 317 of the Oranga Tamariki Act 1989 

If a supervision with residence order expires on a non-release day, te tamaiti or rangatahi must be released on the day immediately before the non-release day. The social worker must take this into consideration when completing the section 334 report and section 335 plan for the Youth Court.

On release, day-to-day care of te tamaiti or rangatahi will go back to the person(s) who had custody of te tamaiti or rangatahi immediately before the order was made.

Supervision with residence order

Ngākau whakairo

What can I do to make sure that te tamaiti or rangatahi and their whānau or family are able to participate meaningfully in the court process and have their views and wishes really heard?

Ngākau whakairo practice framework domain

Whai mātauranga

What and whose knowledge am I drawing on to understand the circumstances that led to te tamaiti or rangatahi appearing in the Youth Court?

Whai mātauranga practice framework domain

Whai oranga

How am I supporting te tamaiti or rangatahi and their family, whānau, hapū and iwi to be clear about their collective responsibilities for ensuring success for te tamaiti or rangatahi, both in the plan and in the long term?

Whai oranga practice framework domain

Whai pūkenga

Have I properly represented the strengths of te tamaiti or rangatahi and their whānau or family to the court as part of retaining their mana through the court process?

Whai pūkenga practice framework domain

Whai ākona

What have I learned through my experiences of working with te tamaiti or rangatahi appearing in the Youth Court? How are we having regard to balancing the oranga of te tamaiti or rangatahi, public safety and interests, and the interests of any victims, while also ensuring te tamaiti or rangatahi is held accountable for their offending?

Whai ākona practice framework domain