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Children, Young Persons, and Their Families Act 1989

Sections and provisions with full text and the judgments that cite each one.

Section 248 — Family group conference not required in certain cases

248 Family group conference not required in certain cases (1) Nothing in section 245(1)(c) or section 246(b) or section 247(b) or (d) or (e) or section 281 of this Act requires a family group…

Section 249 — Time limits for convening of family group conferences

249 Time limits for convening of family group conferences (1) Every family group conference to which section 247(a) of this Act applies shall be convened not later than 21 days after the date on…

Section 250 — Consultation on convening of family group conference

250 Consultation on convening of family group conference (1) Every Youth Justice Co-ordinator shall, before convening a family group conference pursuant to this Part of this Act in respect of a child…

Section 251 — 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…

Section 252 — Child or young person in custody to be permitted to attend family group conference

252 Child or young person in custody to be permitted to attend family group conference (1) Any child or young person who is entitled to attend a family group conference pursuant to section 251(1)(a)…

Section 253 — Notification of convening of family group conference

253 Notification of convening of family group conference (1) Subject to subsection (2) of this section, every Youth Justice Co-ordinator who convenes a family group conference shall take all…

Section 254 — Youth Justice Co-ordinator to ascertain views of persons unable to attend family group conference

254 Youth Justice Co-ordinator to ascertain views of persons unable to attend family group conference (1) Every Youth Justice Co-ordinator who convenes a family group conference shall take all…

Section 255 — Youth Justice Co-ordinator to ensure that relevant information and advice made available to family group conference

255 Youth Justice Co-ordinator to ensure that relevant information and advice made available to family group conference (1) Every Youth Justice Co-ordinator who convenes a family group conference…

Section 256 — Procedure at family group conference

256 Procedure at family group conference (1) Subject to this Part of this Act, a family group conference may regulate its procedure in such manner as it thinks fit. (2) Subject to sections 5(f) and…

Section 257 — Department to provide administrative services to family group conferences

257 Department to provide administrative services to family group conferences The Department shall provide such administrative services as may be necessary to enable a family group conference to…

Section 258 — Functions of family group conference

258 Functions of family group conference A family group conference convened under section 247 of this Act shall have such of the following functions as are appropriate in the circumstances of the…

Section 259 — Family group conference to ascertain whether child or young person admits offence

259 Family group conference to ascertain whether child or young person admits offence (1) Every family group conference convened under this Part of this Act (other than a family group conference…

Section 260 — Family group conference may make decisions and recommendations and formulate plans

260 Family group conference may make decisions and recommendations and formulate plans (1) Subject to section 259(2) of this Act, a family group conference convened under this Part of this Act may…

Section 261 — Family group conference may make decisions, recommendations, and plans relating to care or protection of child or young person

261 Family group conference may make decisions, recommendations, and plans relating to care or protection of child or young person (1) Where any family group conference convened under this Part of…

Section 262 — Youth Justice Co-ordinator to make record of decisions, recommendations, and plans of family group conference

262 Youth Justice Co-ordinator to make record of decisions, recommendations, and plans of family group conference Every Youth Justice Co-ordinator who convenes a family group conference shall cause…

Section 263 — Youth Justice Co-ordinator to seek agreement to decisions, recommendations, and plans of family group conference

263 Youth Justice Co-ordinator to seek agreement to decisions, recommendations, and plans of family group conference (1) Where a family group conference makes any decision or recommendation, or…

Section 264 — Procedure where no agreement possible

264 Procedure where no agreement possible (1) Where— (a) The members of a family group conference are unable to agree on what decisions, recommendations, or plans should be made in relation to the…

Section 265 — Records of decisions, recommendations, and plans of family group conference to be made available to interested persons

265 Records of decisions, recommendations, and plans of family group conference to be made available to interested persons (1) Every Youth Justice Co-ordinator who convenes a family group conference…

Section 266 — Department to maintain records of proceedings of family group conferences

266 Department to maintain records of proceedings of family group conferences (1) Every written record made pursuant to section 262 of this Act in relation to a family group conference shall be kept…

Section 267 — Enforcement agencies to comply with decisions, recommendations, and plans of family group conference

267 Enforcement agencies to comply with decisions, recommendations, and plans of family group conference Where— (a) Any decision, recommendation, or plan is made or formulated by a family group…

Section 268 — Chief executive to give effect to decisions, recommendations, and plans of family group conference

268 Chief executive to give effect to decisions, recommendations, and plans of family group conference (1) Where— (a) Any decision, recommendation, or plan is made or formulated by a family group…

Section 269 — Chief executive may provide financial assistance to enable decisions, etc, of family group conference to be carried out

269 Chief executive may provide financial assistance to enable decisions, etc, of family group conference to be carried out The chief executive may, from time to time, make such grants or provide…

Section 270 — Family group conference may reconvene to review its decisions, recommendations, and plans

270 Family group conference may reconvene to review its decisions, recommendations, and plans (1) Where any decision, recommendation, or plan is made or formulated by a family group conference…

Section 271 — Proceedings of family group conference privileged and not to be published

271 Proceedings of family group conference privileged and not to be published Sections 37 and 38 of this Act (which relate to privilege and the publication of the proceedings of a family group…

Section 272 — Jurisdiction of Youth Court

272 Jurisdiction of Youth Court (1) Where any child who is of or over the age of 10 years is alleged to have committed an offence (other than murder or manslaughter) proceedings shall not be…

Section 273 — Manner of dealing with summary offences and indictable offences (other than purely indictable offences)

273 Manner of dealing with summary offences and indictable offences (other than purely indictable offences) Where a young person is charged with a summary offence or an indictable offence (other than…

Section 274 — Manner of dealing with purely indictable offences or where person elects jury trial

274 Manner of dealing with purely indictable offences or where person elects jury trial (1) This section applies where— (a) A young person is charged with a purely indictable offence; or (b) A young…

Section 275 — Young person may forego right to jury trial and elect to have proceedings determined by Youth Court

275 Young person may forego right to jury trial and elect to have proceedings determined by Youth Court (1) Where section 274 of this Act applies and the offence is not murder or manslaughter, if,…

Section 276 — Young person may plead guilty and elect to be dealt with by Youth Court

276 Young person may plead guilty and elect to be dealt with by Youth Court (1) Where section 274 of this Act applies and the offence is not murder or manslaughter, if, before the evidence has been…

Section 277 — Provisions applicable where young person charged jointly with person who is not a young person

277 Provisions applicable where young person charged jointly with person who is not a young person (1) In any case where an information is laid charging a young person with any offence jointly with…

Section 278 — Parent or guardian may be summoned to appear when young person charged with offence

278 Parent or guardian may be summoned to appear when young person charged with offence (1) Any Youth Court Judge or District Court Judge or Justice or Community Magistrate or Registrar (not being a…

Section 279 — Court to consider recommendations of family group conference

279 Court to consider recommendations of family group conference Where, in any proceedings under this Part of this Act in respect of any information laid against a young person for an offence, a…

Section 280 — Court may refer case to Care and Protection Co-ordinator to determine whether matter should be dealt with under Part 2

280 Court may refer case to Care and Protection Co-ordinator to determine whether matter should be dealt with under Part 2 (1) If, at any stage of the hearing of any proceedings under this Part of…

Section 281 — Court not to make orders unless family group conference held

281 Court not to make orders unless family group conference held (1) Subject to section 248 of this Act, where a charge against a young person is proved before a Youth Court, the Court shall not make…

Section 281A — Court to consider whether family group conference should be held

281A Court to consider whether family group conference should be held Where, in respect of any offence, the holding of a family group conference has been waived pursuant to section 248 of this Act,…

Section 281B — Court may direct holding of family group conference at any time

281B Court may direct holding of family group conference at any time (1) If, at any stage of the hearing of any proceedings under this Part of this Act, it appears to the Court that it is necessary…

Section 282 — Power of Court to discharge information

282 Power of Court to discharge information (1) Where an information is laid charging a young person with a summary offence or with an indictable offence (other than a purely indictable offence), a…

Section 283 — Orders of the Court

283 Orders of the Court Where a charge against a young person is proved before a Youth Court, the Court may, subject to sections 284 to 290 of this Act, do one or more of the following: (a) Discharge…

Section 284 — Factors to be taken into account on sentencing

284 Factors to be taken into account on sentencing (1) In deciding whether to make any order under section 283 of this Act in respect of any young person, the Court shall have regard to the following…

Section 285 — Restrictions on power of Court to make certain orders under section 283

285 Restrictions on power of Court to make certain orders under section 283 (1) The Court shall not make an order under paragraph (c) of section 283 of this Act in any case where it makes an order…

Section 286 — Person or organisation not to be required to supervise young person without consent

286 Person or organisation not to be required to supervise young person without consent No order shall be made under paragraph (k) or paragraph (m) of section 283 of this Act placing a young person…

Section 287 — Reparation limited to direct loss

287 Reparation limited to direct loss Any sum ordered to be paid pursuant to section 283(f) of this Act in respect of the loss of or damage to property shall be limited to the cost of replacement or…

Section 288 — Order not to be made in respect of parent or guardian unless given opportunity to be heard

288 Order not to be made in respect of parent or guardian unless given opportunity to be heard No order shall be made under section 283 of this Act in respect of the parent or guardian of any young…

Section 289 — Restriction on imposition of supervision with activity order

289 Restriction on imposition of supervision with activity order The Court shall not make an order under paragraph (m) of section 283 of this Act unless the nature and circumstances of the offence…

Section 290 — Restrictions on imposition of supervision with residence or transfer to District Court for sentence

290 Restrictions on imposition of supervision with residence or transfer to District Court for sentence (1) No order shall be made under paragraph (n) or paragraph (o) of section 283 of this Act in…

Section 291 — Transfer of other charges to District Court for sentence

291 Transfer of other charges to District Court for sentence Where, in any proceedings before a Youth Court, the Court makes an order under paragraph (o) of section 283 of this Act in respect of any…

Repealed

Section 292 — Whole or part of fine may be awarded to victim of offence suffering physical or emotional harm

292 Whole or part of fine may be awarded to victim of offence suffering physical or emotional harm [Repealed] Section 292 was repealed, as from 30 June 2002, by section 186 Sentencing Act 2002 (2002…

Section 293 — Effect of order imposing fine or requiring payment of compensation or restitution or forfeiture of property

293 Effect of order imposing fine or requiring payment of compensation or restitution or forfeiture of property Every order or decision made under any of the provisions of paragraphs (d) to (h) of…

Section 293A — Disqualification from driving

293A Disqualification from driving (1) Where a charge against a young person is proved before a Youth Court, and the offence or the circumstances in which it was committed are such that a District…

Section 294 — Demerit points

294 Demerit points Where— (a) A charge against a young person is proved before a Youth Court; and (b) The offence is such that, if the offender were convicted in a District Court, the New Zealand…