Children, Young Persons, and Their Families Act 1989
Sections and provisions with full text and the judgments that cite each one.
Section 207S — Court to have regard to certain matters
207S Court to have regard to certain matters In considering an application under section 207Q , the Court must have regard to— (a) Whether any other proceedings relating to the child or young person…
Section 207T — Interim order
207T Interim order (1) A Court that orders that protection proceedings be transferred may also make an interim order in respect of the child or young person concerned. (2) An interim order— (a) May…
Section 207U — Appeal against order for transfer
207U Appeal against order for transfer The following provisions apply to an appeal to the High Court under section 341 against an order that protection proceedings be transferred: (a) Despite section…
Section 207V — Review of order for transfer
207V Review of order for transfer (1) Any review proceedings in respect of an order that protection proceedings be transferred must be brought within 3 working days after the day on which the order…
Section 207W — Transferred proceedings discontinued
207W Transferred proceedings discontinued If a Court orders that protection proceedings be transferred, the proceedings are discontinued in the Court on the registration of the order in the…
Section 207X — Registration of orders and proceedings to be transferred to New Zealand
207X Registration of orders and proceedings to be transferred to New Zealand (1) As soon as practicable after a decision or order is made under an interstate law for the transfer to New Zealand of a…
Section 207Y — Notice of registration
207Y Notice of registration As soon as practicable after an order is registered in a Court under section 207X , the Registrar of the Court must give notice of the registration to— (a) The appropriate…
Section 207Z — Effect of registration
207Z Effect of registration (1) If a protection order is registered in a Court under section 207X ,— (a) The order is to be treated for all purposes as a protection order of the relevant kind made by…
Section 208 — Principles
208 Principles Subject to section 5 of this Act, any Court which, or person who, exercises any powers conferred by or under this Part or Part 5 or sections 351 to 360 of this Act shall be guided by…
Section 209 — Consideration of warning as alternative to prosecution
209 Consideration of warning as alternative to prosecution Where an enforcement officer is considering whether to institute criminal proceedings against a child or young person for an offence alleged…
Section 210 — Administration of warning
210 Administration of warning Where, in respect of any offence alleged or admitted to have been committed by a child or young person, an enforcement officer decides that it would be sufficient to…
Section 211 — Formal Police caution
211 Formal Police caution (1) Where, in respect of any offence admitted or proved to have been committed by a child or young person, a family group conference recommends that a formal Police caution…
Section 212 — Notice of warning or caution
212 Notice of warning or caution (1) Every person who gives a warning pursuant to section 210 of this Act, or a formal Police caution pursuant to section 211 of this Act, to any child or young person…
Section 213 — Evidence of warnings and formal Police cautions and of offences to which they relate not admissible in criminal proceedings
213 Evidence of warnings and formal Police cautions and of offences to which they relate not admissible in criminal proceedings Where, in respect of any offence alleged or admitted or proved to have…
Section 214 — Arrest of child or young person without warrant
214 Arrest of child or young person without warrant (1) Subject to sections 233 and 244 of this Act, where, under any enactment, any enforcement officer has a power of arrest without warrant, that…
Section 215 — Child or young person to be informed of rights before questioned by enforcement officer
215 Child or young person to be informed of rights before questioned by enforcement officer (1) Subject to sections 233 and 244 of this Act, every enforcement officer shall, before questioning any…
Section 215A — Rights to be explained to child or young person on request
215A Rights to be explained to child or young person on request Subject to sections 233 and 244 of this Act, where— (a) Any enforcement officer is questioning any child or young person in relation to…
Section 216 — Enforcement officer to explain rights to child or young person who is to be charged with offence
216 Enforcement officer to explain rights to child or young person who is to be charged with offence Subject to sections 233 and 244 of this Act, where— (a) An enforcement officer is questioning a…
Section 217 — Rights to be explained to child or young person who is arrested
217 Rights to be explained to child or young person who is arrested Subject to sections 233 and 244 of this Act, every enforcement officer shall, on arresting any child or young person pursuant to…
Section 218 — Explanations to be given in manner and language appropriate to age and level of understanding of child or young person
218 Explanations to be given in manner and language appropriate to age and level of understanding of child or young person Every explanation required to be given to a child or young person pursuant…
Section 219 — Explanations not required if child or young person already informed of rights
219 Explanations not required if child or young person already informed of rights Nothing in section 215 or section 215A or section 216 or section 217 of this Act requires any explanation to be given…
Section 220 — Other enactments requiring information or particulars not affected
220 Other enactments requiring information or particulars not affected Nothing in section 215 or section 215A or section 216 or section 217 of this Act limits or affects any other enactment or rule…
Section 221 — Admissibility of statements made by children and young persons
221 Admissibility of statements made by children and young persons (1) This section applies to— (a) Every child or young person who is being questioned by an enforcement officer in relation to the…
Section 222 — Persons who may be nominated for the purposes of section 221(2)(b) or (c)
222 Persons who may be nominated for the purposes of section 221(2)(b) or (c) (1) Subject to subsection (2) of this section, a child or young person may nominate one of the following persons for the…
Section 223 — Section 221 not to apply where statement made before requirements of that section can be met
223 Section 221 not to apply where statement made before requirements of that section can be met Nothing in section 221 of this Act applies to an oral statement made by a child or young person…
Section 224 — Reasonable compliance sufficient
224 Reasonable compliance sufficient No statement shall be inadmissible pursuant to section 221 of this Act on the grounds that any requirement imposed by that section has not been strictly complied…
Section 225 — Other enactments relating to admissibility of statements or confessions, or requiring information or particulars to be given, not affected
225 Other enactments relating to admissibility of statements or confessions, or requiring information or particulars to be given, not affected Nothing in section 221 of this Act limits or affects—…
Section 226 — Evidence of communications during consultation not admissible
226 Evidence of communications during consultation not admissible Notwithstanding any other enactment or rule of law, no evidence of any communication (whether oral, written, or in any other form)…
Section 227 — Child or young person at enforcement agency office for questioning in relation to commission or possible commission of offence or arrested entitled to consult with barrister or solicitor
227 Child or young person at enforcement agency office for questioning in relation to commission or possible commission of offence or arrested entitled to consult with barrister or solicitor (1)…
Section 228 — Entitlement of child or young person to consult with barrister or solicitor where taken to hospital following arrest or questioned at hospital
228 Entitlement of child or young person to consult with barrister or solicitor where taken to hospital following arrest or questioned at hospital (1) Subject to sections 233 and 244 of this Act,…
Section 229 — Parents or guardians or other persons to be informed where child or young person at enforcement agency office for questioning in relation to commission or possible commission of offence or is arrested
229 Parents or guardians or other persons to be informed where child or young person at enforcement agency office for questioning in relation to commission or possible commission of offence or is…
Section 230 — Evidence of communications during visit not admissible
230 Evidence of communications during visit not admissible Notwithstanding any other enactment or rule of law, no evidence of any communication (whether oral, written, or in any other form) that…
Section 231 — Persons who may be nominated for the purposes of section 229(1)(a)
231 Persons who may be nominated for the purposes of section 229(1)(a) (1) Subject to subsection (2) of this section, a child or young person may nominate one of the following persons for the…
Section 232 — Notice of offence with which child or young person charged to be given to parents or guardians or other persons having care of child or young person
232 Notice of offence with which child or young person charged to be given to parents or guardians or other persons having care of child or young person (1) Where a child or young person who has been…
Section 233 — Breath-alcohol and blood-alcohol provisions of Land Transport Act 1998 not affected
233 Breath-alcohol and blood-alcohol provisions of Land Transport Act 1998 not affected Nothing in the provisions of sections 214 to 232 limits or affects the powers of an enforcement officer under…
Section 234 — Custody of child or young person following arrest
234 Custody of child or young person following arrest Subject to sections 235 , 236 , and 244 of this Act, where a child or young person is arrested with or without warrant, a member of the Police…
Section 235 — Child or young person who is arrested may be placed in custody of chief executive
235 Child or young person who is arrested may be placed in custody of chief executive (1) Notwithstanding section 234 of this Act but subject to section 244 of this Act, where a member of the Police…
Section 236 — Young person who is arrested may be detained in Police custody
236 Young person who is arrested may be detained in Police custody (1) Notwithstanding the provisions of sections 234 and 235 of this Act but subject to section 244 of this Act, where a senior Social…
Section 237 — Child or young person who is arrested to be brought before Court as soon as possible
237 Child or young person who is arrested to be brought before Court as soon as possible Subject to section 244 of this Act, a child or young person to whom section 235 or section 236 of this Act…
Section 238 — Custody of child or young person pending hearing
238 Custody of child or young person pending hearing (1) Where a child or young person appears before a Youth Court, the Court shall— (a) Release the child or young person; or (b) Release the child…
Section 239 — Restrictions on power of Court to order child or young person to be detained in custody
239 Restrictions on power of Court to order child or young person to be detained in custody (1) The Court shall not make an order under section 238(1)(d) of this Act for the detention of a child or…
Section 239A — Expiry of sections 238(1A) to (1C) , and 239(3)
239A Expiry of sections 238(1A) to (1C) , and 239(3) Sections 238(1A) to (1C) and 239(3) expire at the close of 30 June 2004. Section 239A was inserted, as from 30 June 2002, by section 163…
Section 240 — Conditions of bail
240 Conditions of bail (1) Where a child or young person is released on bail pursuant to section 238(1)(b) of this Act, the Court may impose as a condition of that child's or young person's release…
Section 241 — Review of orders made under section 238
241 Review of orders made under section 238 A Youth Court or the High Court may, from time to time, review any order made under section 238 of this Act. Compare: 1974 No 72 s 43(7); 1982 No 135 s 10
Section 242 — Order under section 238 sufficient authority for detention of child or young person
242 Order under section 238 sufficient authority for detention of child or young person (1) The making of an order under section 238(1)(d) of this Act for the detention of a child or young person in…
Section 243 — Other powers to grant bail not affected
243 Other powers to grant bail not affected Nothing in section 238 of this Act limits the inherent jurisdiction of the High Court or the provisions of any Act under which a child or young person may…
Section 244 — Immigration Act 1987 (other than sections 126(4) and 142 ) not affected
244 Immigration Act 1987 (other than sections 126(4) and 142 ) not affected Nothing in sections 214 to 243 of this Act limits or affects any provision of the Immigration Act 1987 other than sections…
Section 245 — Proceedings not to be instituted against young person unless Youth Justice Co-ordinator consulted and family group conference held
245 Proceedings not to be instituted against young person unless Youth Justice Co-ordinator consulted and family group conference held (1) Where a young person is alleged to have committed an…
Section 246 — Procedure where young person arrested and brought before Court
246 Procedure where young person arrested and brought before Court Where a young person is arrested for an offence (other than murder or manslaughter or a traffic offence not punishable by…
Section 247 — Youth Justice Co-ordinator to convene family group conference
247 Youth Justice Co-ordinator to convene family group conference Where— (a) Pursuant to section 18(3) of this Act, a Youth Justice Co-ordinator is required to convene a family group conference; or…