VadeLab
StatuteChildren, Young Persons, and Their Families Act 1989

Section 84 — Children, Young Persons, and Their Families Act 1989: Power to make other orders where declaration made on ground of child's offending

Text of the provision Official document

84 Power to make other orders where declaration made on ground of child's offending (1) Where the Court makes a declaration under section 67 of this Act in relation to a child, and the declaration is made on the ground specified in section 14(1)(e) of this Act, the Court may, in addition to or instead of making any order referred to in section 83(1) of this Act, make any one or more of the following orders: (a) An order admonishing the child: (b) Where the Court is satisfied that any person (other than the child) suffered— (i) Any emotional harm; or (ii) Any loss of or damage to property— through or by means of the child's offending, an order directing the child, or any parent or guardian of the child, to pay to the person who suffered the emotional harm or the loss of or damage to property such sum as it thinks fit by way of reparation: (c) An order directing the child, or any parent or guardian or other person having the care of the child, to deliver to the person who appears to the Court to be entitled to it any property in the possession of the child or in the possession of any person for the child: (d) An order for the forfeiture of property to the Crown in any case where the forfeiture of that property would have been obligatory or could have been ordered under any enactment applicable to the offence if the child were an adult and had been convicted of an offence by a District Court. (2) Any sum ordered to be paid pursuant to subsection (1)(b) of this section in respect of the loss of or damage to property shall be limited to the cost of replacement or (as the case may require) the cost of repair, and shall not include any loss or damage of a consequential nature. (3) No order shall be made under subsection (1)(b) of this section against the chief executive or any other person who has been appointed to be a guardian of the child under section 110 of this Act. (4) No order shall be made under subsection (1)(b) of this section in respect of the parent or guardian of the child unless that parent or guardian has been informed by the Court of the proposal to make the order and has been given an opportunity to make representations to the Court. Compare: 1974 No 72 s 31(1)(e), (f), (g); 1985 No 120 s 22(5) ; 1987 No 168 s 4 Subsection (3) 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 ” .

Official source: legislation.govt.nz

There are no decisions in our collection citing this provision yet. As new judgments are published, they will appear here.

Search case law on this topic

See judgments from New Zealand courts and tribunals with a plain-English summary and legal holding.

Explore case law →

Statutory text from an official public source. Informational content — does not replace advice from a qualified lawyer.