Oranga Tamariki Legislation Act 2019

1: Title
This Act is the Oranga Tamariki Legislation Act 2019.
2: Commencement
1: Sections 4 6 to 14 47 sections 113(6) 115 116 144
2: The rest of this Act comes into force on 1 July 2019.
1: Amendments to Oranga Tamariki Act 1989
3: Amendments to Oranga Tamariki Act 1989
This Part amends the Oranga Tamariki Act 1989 2019-07-01 Oranga Tamariki Act 1989 See commencement section 2(1) for order of history notes for sections 4 and 6 to 14.
4: Section 2 amended (Interpretation)
In section 2(1) non-Schedule 1A offence related charge section 276AA(4) Schedule 1A offence
5: New section 214B inserted (Arrest of person aged 17 years released on bail by District Court or High Court)
After section 214A
214B: Arrest of person aged 17 years released on bail by District Court or High Court
1: This section applies to a person aged 17 years if—
a: the person is a defendant who—
i: has been charged with, or convicted of, any offence (except a drug dealing offence) in the District Court or the High Court; and
ii: has been released on bail for the offence, or the alleged offence, by a court, a Registrar, or a Police employee; and
b: any of the circumstances set out in section 35(1) of the Bail Act 2000 apply to the person so as to empower the arrest without warrant of the person.
2: This section also applies to a person aged 17 years if—
a: the person is a defendant who—
i: has been charged with, or convicted of, a drug dealing offence in the District Court or the High Court; and
ii: has been released on bail for the offence, or the alleged offence, by a District Court Judge or a High Court Judge; and
b: any of the circumstances set out in section 36(1) of the Bail Act 2000 apply to the person so as to empower the arrest without warrant of the person.
3: Nothing in section 214 or 214A applies to the arrest of the person aged 17 years without warrant under section 35(1) or 36(1) of the Bail Act 2000.
4: For the purposes of this section, unless the context otherwise requires,— court drug dealing offence Registrar
6: Section 247 amended (Youth justice co-ordinator to convene family group conference)
In section 247(c) section 238(1)﻿(d) or (e) section 238(1)﻿(d), (e), or (f)
7: New section 247A inserted (Family group conference not required, suspended, or discontinued when charges include Schedule 1A offence and non-Schedule 1A offence)
After section 247
247A: Family group conference not required, suspended, or discontinued when charges include Schedule 1A offence and non-Schedule 1A offence
1: Section 245 does not apply if—
a: a young person aged 17 years is charged with a Schedule 1A offence; and
b: an enforcement officer intends to commence criminal proceedings against the young person for a non-Schedule 1A offence; and
c: the prosecutor intends to seek a determination from the Youth Court under section 276AA(2)
2: If the prosecutor seeks a determination from the Youth Court under section 276AA(2)
a: determines under section 276AA(4)
b: orders that the charge remain and be dealt with in the Youth Court under section 276AC(2)
3: Subsection (4) applies if—
a: a young person aged 17 years is charged with a Schedule 1A offence; and
b: a family group conference has been convened under section 247(b), (c), or (d) in respect of a non-Schedule 1A offence that is alleged to have been committed by the young person; and
c: either—
i: an enforcement officer intends to commence criminal proceedings for the non-Schedule 1A offence; or
ii: the young person is charged with the non-Schedule 1A offence; and
d: the prosecutor seeks, or intends to seek (in the circumstances of paragraph (c)﻿(i)), a determination from the Youth Court under section 276AA(2)
4: If this subsection applies, the family group conference must be—
a: suspended unless and until the Youth Court—
i: determines under section 276AA(4)
ii: orders that the charge remain and be dealt with in the Youth Court under section 276AC(2)
b: discontinued if the Youth Court transfers the related charge to the District Court or the High Court under section 276AB(1)
8: Section 249 amended (Time limits for convening of family group conferences)
1: In section 249(3) section 238(1)﻿(d) or (e) section 238(1)﻿(d), (e), or (f)
2: In section 249(4)﻿(a) section 238(1)﻿(d) or (e) section 238(1)﻿(d), (e), or (f)
3: After section 249(6)
7: Subsection (6) is subject to section 247A(4)
9: Section 272 amended (Jurisdiction of Youth Court and children’s liability to be prosecuted for criminal offences)
1: In section 272(4A)﻿(a) sections 275 and 276A sections 275, 276AA 276AC
2: After section 272(5)
6: Subsection (3)﻿(baa) is subject to section 277.
10: Section 273 amended (Manner of dealing with offences (other than murder or manslaughter))
In section 273(2)﻿(c) section 277 section 276AB(1)
11: Section 275 amended (Manner of dealing with offence of murder or manslaughter, or Schedule 1A offence, or where jury trial to be held)
After section 275(2)
2A: However, if a young person aged 17 years charged with a Schedule 1A offence is jointly charged with a child or young person (other than a young person aged 17 years charged with a Schedule 1A offence), the proceeding must not be transferred to the District Court or the High Court unless—
a: 1 or more defendants elect jury trial and the co-defendants are to be tried together, in which case the proceeding must be transferred only after an adjournment for trial callover in accordance with subsection (2)﻿(a); or
b: the defendants are to be tried separately, in which case the proceeding against the young person aged 17 years charged with a Schedule 1A offence must be transferred immediately following the determination that the defendants are to be tried separately, but after that young person’s first appearance, in accordance with subsection (2)﻿(aa) or (ab); or
c: 1 or more co-defendants are charged with murder or manslaughter, in which case subsection (2)﻿(b) applies.
12: New sections 276AA to 276AC inserted
Before section 276A
276AA: Youth Court determination whether charge related to charge for Schedule 1A offence
1: This section applies to a young person aged 17 years who is charged with a Schedule 1A offence and a non-Schedule 1A offence.
2: The prosecutor may seek a determination from the Youth Court that the charge for the non-Schedule 1A offence is related to the charge for the Schedule 1A offence.
3: If the prosecutor intends to seek a determination, the prosecutor must do so as soon as practicable after the later of the charges is filed.
4: If the prosecutor seeks a determination under subsection (2), the Youth Court must determine the matter.
5: In making a determination, the court may take into consideration—
a: any agreement of the parties:
b: written or oral submissions of the parties.
6: For the purpose of this section,—
a: a charge ( B A
b: a series of incidents is determined by—
i: the time at which they occurred:
ii: the overall nature of the alleged offending:
iii: any other relationship between the alleged offending that the court considers relevant.
276AB: Transfer of related charge to District Court or High Court
1: If the Youth Court determines under section 276AA(4)
2: A reference in the Criminal Procedure Act 2011 to a charge being heard together with another charge under section 138 of that Act includes a related charge that is transferred.
3: Section 138(1) to (3) of the Criminal Procedure Act 2011 does not apply to the hearing of a charge for a Schedule 1A offence together with a charge for a non-Schedule 1A offence.
4: Subsection (1) is subject to sections 276AC
276AC: Hearing of related charge when guilty plea to charge for Schedule 1A offence
1: This section applies to a charge for a non-Schedule 1A offence that the Youth Court has determined under section 276AA(4)
2: If the young person aged 17 years pleads guilty to the charge for the Schedule 1A offence, the related charge must be dealt with in the District Court or the High Court unless a court orders that it is in the interests of justice that the related charge be dealt with in the Youth Court.
3: An order under subsection (2) may be made—
a: by the Youth Court before the related charge is transferred to the District Court or the High Court; or
b: by the District Court or the High Court if the related charge has been transferred to either court.
13: Section 276A amended (Transfer of proceeding back to Youth Court)
1: In section 276A(1) section 275 section 275 or 276AB(1)
2: After section 276A(2)
3: The transfer of the proceeding may occur at any time before sentencing.
4: For the purpose of subsection (1)﻿(a), in relation to a proceeding for a related charge that is joined to a proceeding under section 276AB(1)
a: the young person has been found not guilty of the Schedule 1A offence in the District Court or the High Court; or
b: the charge for the Schedule 1A offence is to be heard separately under section 138(4) of the Criminal Procedure Act 2011, is withdrawn under section 146 of that Act, or is dismissed under section 147 of that Act; or
c: the District Court or the High Court has made an order under section 276AC(2)
5: For the purposes of sections 283, 293A, 294, 297, 298, 307, 308A, 311, and 334, a proceeding that is transferred back following a guilty plea or finding of guilt is to be treated as if the charge were proved before the Youth Court.
6: Although subsection (5) does not apply to section 281, the Youth Court may direct that a family group conference be convened under section 281B.
14: Section 277 amended (Provisions applicable where child, young person, or adult jointly charged)
After section 277(11)
12: For the purpose of this section,— adult young person
15: Section 376 amended (Court may authorise continued detention in secure care)
In section 376(5) section 173(2), 174(1), or 175(2) section 173(2), 174(1), or 175(1A) or (2)
16: Schedule 1AA amended
1: In Schedule 1AA
1: For the purpose of this clause,— commencement date criminal proceedings
a: means a proceeding that has been commenced by—
i: the filing of a charging document; or
ii: the filing of a notice of hearing under, or in accordance with, section 21(8) of the Summary Proceedings Act 1957; and
b: includes an appeal against conviction or sentence.
2: In Schedule 1AA
3: This clause is subject to clause 23
3: In Schedule 1AA only if the offending occurred or is alleged to have occurred on or after the commencement date if the offending occurred or is alleged to have occurred before, on, or after the commencement date
4: In Schedule 1AA Schedule 1
2: Amendments to other enactments
1: Amendments to Bail Act 2000
17: Amendments to Bail Act 2000
This subpart amends the Bail Act 2000 2019-07-01 Bail Act 2000
18: Section 9A amended (Restriction on bail if defendant charged with murder)
Replace section 9A(1)
1: This section applies to a defendant who is charged with murder under section 167 or 168 of the Crimes Act 1961 and who is—
a: of or over the age of 18 years; or
b: aged 17 years and charged with the offence in the High Court.
19: Section 10 amended (Restriction on bail if defendant with previous conviction for specified offence charged with further specified offence)
1: In section 10(1) 17 18
2: After section 10(1)
1A: This section also applies to a defendant aged 17 years who is charged in the District Court or the High Court with a specified offence and who has 1 or more previous convictions for a specified offence (whether those convictions were for the same specified offence or for different specified offences).
20: Section 11 amended (Restriction on bail if defendant with previous conviction for specified offence found guilty or pleads guilty to further specified offence)
1: In section 11 17 18
2: In section 11
2: No defendant aged 17 years who is found guilty of, or pleads guilty to, a specified offence in the District Court or the High Court and who has 1 or more previous convictions for a specified offence (whether those convictions were for the same specified offence or for different specified offences) may, while waiting to be sentenced or otherwise dealt with for the first-mentioned specified offence, be granted bail or allowed to go at large.
21: Section 12 amended (Further restriction on bail in certain cases)
1: In section 12(1)﻿(a) and (b) 17 18
2: After section 12(1)
1A: This section also applies to a defendant if—
a: the defendant is aged 17 years and—
i: is charged in the District Court or the High Court with an offence under the Crimes Act 1961 that carries a maximum sentence of 3 or more years’ imprisonment; and
ii: at the time of the alleged commission of the offence was remanded at large or on bail awaiting trial in the District Court or the High Court for another offence under the Crimes Act 1961 that carries a maximum sentence of 3 or more years’ imprisonment; and
iii: has at any time previously received a sentence of imprisonment (within the meaning of that term in section 4(1) of the Sentencing Act 2002); or
b: the defendant is aged 17 years and—
i: is charged in the District Court or the High Court with an offence that carries a maximum sentence of 3 or more years’ imprisonment; and
ii: has previously received 14 or more sentences of imprisonment (within the meaning of that term in section 4(1) of the Sentencing Act 2002); and
iii: has previously been convicted of an offence that was committed while the defendant was remanded at large or on bail and that carries a maximum sentence of 3 or more years’ imprisonment (whether or not the conviction resulted in any of the sentences of imprisonment referred to in subparagraph (ii)).
3: In section 12(2) subsection (1) subsections (1) and (1A)
22: Section 15 amended (Granting of bail to defendant who is 17 years of age)
1: In the heading to section 15 17 years of age 18 years of age or younger
2: In section 15(1)﻿(a) 17 18
3: After section 15(2)
2A: A court that remands a defendant at any stage of the proceedings for the offence with which the defendant is charged, including for sentence, must release the defendant on bail or otherwise subject to such conditions as it thinks fit if—
a: the defendant is 17 years old; and
b: the defendant is charged with, or convicted of, any offence in the District Court or the High Court; and
c: the defendant has not previously been sentenced to imprisonment.
2B: Subsection (2A) is subject to—
a: sections 7 (except subsection (5)), 9 to 12, and 16 to 17A; and
b: section 175 of the Criminal Procedure Act 2011.
23: Section 17A amended (Restriction on bail if defendant charged with serious Class A drug offence)
Replace section 17A(1)
1: This section applies to a defendant who is charged with a serious Class A drug offence and who is—
a: of or over the age of 18 years; or
b: aged 17 years and is charged with the offence in the District Court or the High Court.
24: Section 34A amended (Surrender of defendant on bail with EM condition)
1: In section 34A(3) 17 18
2: After section 34A(3)
4: However, subsection (3) does not apply to a defendant aged 17 years who—
a: is charged with, or convicted of, any offence in the District Court or the High Court; and
b: is on bail with an EM condition for the offence or the alleged offence.
25: Section 35 amended (Defendant on bail may be arrested without warrant in certain circumstances)
After section 35(6)
7: Sections 215 to 232 of the Oranga Tamariki Act 1989 apply to a defendant aged 17 years who—
a: has been charged with, or convicted of, any offence (except a drug dealing offence) in the District Court or the High Court; and
b: has been released on bail for the offence, or the alleged offence, by a court, a Registrar, or a Police employee; and
c: is arrested without warrant under subsection (1).
26: Section 36 amended (Arrest of defendant charged with drug dealing offence)
After section 36(7)
8: Sections 215 to 232 of the Oranga Tamariki Act 1989 apply to a defendant aged 17 years who—
a: has been charged with, or convicted of, a drug dealing offence in the District Court or the High Court; and
b: has been released on bail for the offence, or the alleged offence, by a District Court Judge or a High Court Judge; and
c: is arrested without warrant under subsection (1).
27: Schedule 1AA amended
1: In Schedule 1AA this schedule this Part
2: In Schedule 1AA Part 2 Schedule 2
2: Amendments to Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
28: Amendments to Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
This subpart amends the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 2019-07-01 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
29: Section 41 amended (Section 66 replaced (Government departments may be required to supply information))
In section 41 If an authorised child welfare and protection agency or an authorised independent person proposes to disclose information under section 66C or 66H, If a child welfare and protection agency or an independent person proposes to disclose information under section 66C, or an authorised child welfare and protection agency or an authorised independent person proposes to disclose information under section 66H,
30: Section 50 amended (Section 78 amended (Custody of child or young person pending determination of proceedings))
1: In section 50(3) or a lawyer representing the child or young person, or on its own motion
2: In section 50(6) cancelled by the court on application by the applicant or a lawyer representing the child or young person or on its own motion under subsection (1A) discharged by the court on application under section 125
31: Section 56 replaced (Section 87 amended (Restraining orders))
Replace section 56
56: Section 87 amended (Restraining orders)
In section 87(1), replace Where the court makes a declaration under section 67 in relation to a child or young person, it may, on or at any time after making that declaration, If, on an application under section 68, the court is satisfied that a child or young person is in need of care or protection, it may
32: Section 57 amended (Section 88 amended (Interim restraining orders))
1: In section 57(2) or a lawyer representing the child or young person, or on its own motion
2: In section 57(2) cancelled by the court, on application by the applicant or a lawyer representing the child or young person or on its own motion under subsection (2) discharged by the court on application under section 125
33: Section 65 amended (New section 110AA inserted (Interim guardianship orders))
1: In section 65 or a lawyer representing the child or young person, or on its own motion
2: In section 65 cancelled by the court, on application by the applicant or a lawyer representing the child or young person or on its own motion under subsection (5) discharged by the court on application under section 125
34: Section 79 amended (Section 145 amended (Agreement not to be made without approval of family group conference))
1: Replace section 79(6)
6: In section 145(2)﻿(a), (b), and (c), delete , 141(2), or 142(2)
2: Repeal section 79(7)
35: Section 143 amended (Section 175 amended (Remand of defendants aged 17 to 20 years))
1: In section 143 if the person is aged 17 years if the person is aged 17 years and is charged with, or convicted of, any offence in the District Court or the High Court
2: Replace section 143(2)
2: In section 175(2), replace Despite section 15 of the Bail Act 2000, Despite section 15 of the Bail Act 2000, if the person appears to the court to be aged 18 or 19 years,
3: Amendment to Children’s Commissioner Act 2003
36: Amendment to Children’s Commissioner Act 2003
This subpart amends the Children’s Commissioner Act 2003 2019-07-01 Children’s Commissioner Act 2003
37: Section 11 amended (Matters to which Commissioner must have regard in exercising functions or powers)
In section 11(d) sections 5 and 6 sections 4A and 5
4: Amendments to Criminal Investigations (Bodily Samples) Act 1995
38: Amendments to Criminal Investigations (Bodily Samples) Act 1995
This subpart amends the Criminal Investigations (Bodily Samples) Act 1995 1995 Act 2019-07-01 Criminal Investigations (Bodily Samples) Act 1995
39: Section 2 amended (Interpretation)
In section 2(1) young person 17 18
40: New section 2B inserted (Transitional, savings, and related provisions)
After section 2A
2B: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
41: New Schedule 1AA inserted
Insert the Schedule 1AA Schedule 3
42: Schedule heading amended
Replace the Schedule heading with:
1: s 2 Relevant offences
43: Further amendments to Criminal Investigations (Bodily Samples) Act 1995
1: In the provisions of the 1995 Act set out in Part 1 of Schedule 4 17 18
2: In the provisions of the 1995 Act set out in Part 2 of Schedule 4 Schedule Schedule 1
3: In the provisions of the 1995 Act set out in Part 3 of Schedule 4 the Schedule Schedule 1
4: Amend the 1995 Act as set out in Part 4 of Schedule 4
5: Amendments to Criminal Procedure Act 2011
44: Amendments to Criminal Procedure Act 2011
This subpart amends the Criminal Procedure Act 2011 2019-07-01 Criminal Procedure Act 2011 See commencement section 2(1) for order of history note for section 47.
45: New section 7A inserted (Transitional, savings, and related provisions)
After section 7
7A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
46: Section 174 amended (Remand of defendant under 17 years for assessment report)
In section 174(1)﻿(b) 172 or 175
47: Section 380A amended (Transfer of proceedings commenced in Youth Court back to Youth Court in certain circumstances)
In section 380A section 275 section 275 or 276AB(1)
48: New Schedule 1AA inserted
Insert the Schedule 1AA set out in Schedule 5
6: Amendments to Prisoners’ and Victims’ Claims Act 2005
49: Amendments to Prisoners’ and Victims’ Claims Act 2005
This subpart amends the Prisoners’ and Victims’ Claims Act 2005 2019-07-01 Prisoners’ and Victims’ Claims Act 2005
50: Section 4 amended (Interpretation)
1: In section 4 child boy or girl person
2: In section 4 young person young person
7: Amendment to Returning Offenders (Management and Information) Act 2015
51: Amendment to Returning Offenders (Management and Information) Act 2015
This subpart amends the Returning Offenders (Management and Information) Act 2015 2019-07-01 Returning Offenders (Management and Information) Act 2015
52: Schedule 1 amended
In Schedule 1, after Part 2 Schedule 6
8: Amendments to Sentencing Act 2002
53: Amendments to Sentencing Act 2002
This subpart amends the Sentencing Act 2002 2019-07-01 Sentencing Act 2002
54: Section 15B amended (Limitation on sentence of home detention for person under 17 years)
1: In the heading to section 15B 17 18
2: In section 15B(1) 17 18
55: Section 18 amended (Limitation on imprisonment of person under 17 years)
1: In the heading to section 18 17 18
2: In section 18(1) 17 18
56: Schedule 1AA amended
In Schedule 1AA Schedule 7
9: Amendments to Victims’ Orders Against Violent Offenders Act 2014
57: Amendments to Victims’ Orders Against Violent Offenders Act 2014
This subpart amends the Victims’ Orders Against Violent Offenders Act 2014 2019-07-01 Victims’ Orders Against Violent Offenders Act 2014
58: Section 4 amended (Interpretation)
1: In section 4 child boy or girl person
2: In section 4 young person young person
10: Amendments to Victims’ Rights Act 2002
59: Amendments to Victims’ Rights Act 2002
This subpart amends the Victims’ Rights Act 2002 2019-07-01 Victims’ Rights Act 2002
60: Section 4 amended (Interpretation)
1: In section 4 child boy or girl person
2: In section 4 young person young person
11: Amendments to Criminal Investigations (Bodily Samples) Regulations 2004
61: Amendments to Criminal Investigations (Bodily Samples) Regulations 2004
This subpart amends the Criminal Investigations (Bodily Samples) Regulations 2004 2004 regulations 2019-07-01 Criminal Investigations (Bodily Samples) Regulations 2004
62: Various references to
17 In the provisions of the 2004 regulations set out in Part 1 of Schedule 8 17 18
63: Various references to
declaration Amend the 2004 regulations as set out in Part 2 of Schedule 8
64: Various references to
Schedule
1: In the provisions of the 2004 regulations set out in Part 3 of Schedule 8 the Schedule Schedule 1
2: In the heading to form 5B Schedule Schedule 1