Section 251 — Children, Young Persons, and Their Families Act 1989: Persons entitled to attend family group conference

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 chief executive is a guardian of the child or young person; or (ii) the chief executive has the role of providing day-to-day care for the child or young person under the Care of Children Act 2004 , or is entitled to custody of the child or young person under an order or agreement made under Part 2 of this Act; or (iii) The chief executive 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 chief executive pursuant to an order made under section 283(k) or section 307 or section 311 of this Act: (i) a representative of an Iwi Social Service, of a Cultural Social Service, or of the Director of a Child and Family Support Service, if that Service or that Director— (i) is a guardian of the child or young person; or (ii) has the role of providing day-to-day care for the child or young person under the Care of Children Act 2004 , or is entitled to custody of the child or young person under an order or agreement made under Part 2 of this Act. (j) if the young person is subject to a community-based sentence (as that term is defined in section 4(1) of the Sentencing Act 2002) or a sentence of home detention imposed under section 80A of the Sentencing Act 2002,— (i) a probation officer: (ii) in the case of a young person who is subject to a sentence of community work (within the meaning of that Act), a representative of the agency on whose behalf the young person is required to perform any work for the purposes of the sentence: (iii) in the case of a young person who is subject to a sentence of supervision, intensive supervision, or a sentence of home detention (within the meaning of that Act), any person or agency, or a representative of any person or agency, that provides any course or conducts any programme that the young person is required to undertake as a condition of the sentence or to undergo under the sentence: (k) If the child or young person is under the guardianship of the Court under the Care of Children Act 2004 , any person appointed as agent for the Court under that Act, or any 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 chief executive), 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) Where, pursuant to subsection (1)(f) of this section, any victim of an offence or alleged offence attends a family group conference in person and not by a representative, that person may be accompanied by any reasonable number of persons (being members of his or her family, whanau, or family group or any other persons) who attend the conference for the purpose of providing support to that victim. (3) A person who attends a family group conference pursuant to subsection (2) of this section shall not be a member of the conference. (4) No person who attends a family group conference pursuant to any of paragraphs (c) to (n) (other than paragraph (k) ) of subsection (1) of this section or pursuant to subsection (2) of this section is entitled to be present 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 that person to attend. Subsection (1) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “ chief executive ” for “ Director-General ” . Subsection (1)(h)(ii) was substituted, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90). Subsection (1)(i) was substituted, as from 8 January 1995, by section 46 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121). Subsection (1)(i) was substituted, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90). Section 251(1)(j): substituted, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27). Subsection (1)(j) was substituted, as from 30 June 2002, by section 186 Sentencing Act 2002 (2002 No 9). See sections 148 to 160 of that Act for the transitional and savings provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176). Subsection (1)(k) was substituted, as from 3 June 1998, by section 8 Guardianship Amendment Act 1998 (1998 No 48). See section 7 of that Act as to the transitional provision relating to appeals from the Family to appeals from the Family Court to the High Court. Subsection (1)(h)(ii) was substituted, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90). Subsection (1)(k) was amended, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90) by substituting “ Care of Children Act 2004 ” for “ Guardianship Act 1968 ” . Subsection (2) was substituted, as from 8 January 1995, by section 37 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121). Subsections (3) and (4) were inserted, as from 8 January 1995, by section 37 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).