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New Zealand Police v UA [2022] NZYC 146

Published 05 March 2024

Disposition of charges — burglary — theft — theft ex car — unlawfully taking a motor vehicle — unlawfully using a motor vehicle — duty of consultation — statutory duties of Oranga Tamariki — Oranga Tamariki Act 1989, ss 4, 4A, 5, 7AA, 282, 283 & 284. The young person was before the Court for the disposition of 19 charges, including one of theft and three of burglary. In previous hearings, an issue arose that Oranga Tamariki had failed to consult adequately with the paternal side of the young person's whakapapa. Oranga Tamariki admitted that it had consulted the young person's whānau but not his hapū or iwi, and submitted further that members of the young person's paternal whakapapa had been hard to engage with. The Court observed that it was not uncommon for Māori who have experienced intergenerational trauma to distrust the state and its agencies. Nevertheless, Oranga Tamariki's failure to carry out adequate consultation represented a breach of its statutory obligation to uphold the mana of the young person. Having regard to submissions from the young person's lawyer, lay advocate and the police, the views of the victims, reports from Oranga Tamariki and the cultural report, the Court granted the young person a s 282 discharge on all the charges. Judgment date: 12 April 2022. * * * Note: names have been changed to comply with legal requirements. * **

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