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New Zealand Police v JD [2021] NZYC 117

Published 01 July 2021

Application for early release — residence — supervision order — further commission of offence — assault — Oranga Tamariki Act 1989, ss 314 & 335 — Police v R N [2015] NZYC 564. This hearing was to determine whether the young person should be granted early release from residence pursuant to s 314 of the Oranga Tamariki Act ("OTA"). For early release to be granted, the young person must not have absconded nor committed any further offences during the time in residence; have complied with behavioural obligations imposed by the prepared plan and any non-compliance was minor; and have undertaken any specified programme or activity under the order. The young person had completed a course during the time in residence, and most of the behaviour had been satisfactory; however, several weeks before the hearing, the young person had assaulted another young person in the residence and had to be put into the secure care unit. The police had been notified but had not yet pressed charges; the matter was still under investigation and it was possible that charges would be pressed. The Judge considered the report to the police and concluded that the incident constituted the further commission of an offence. Even if this was wrong, the behaviour exhibited could not be deemed to be a minor non-compliance with the obligations under s 314(1)(b). The criteria was therefore not met and the early release application was declined. Judgment date: 18 March 2021. * * * Note: names have been changed to comply with legal requirements. * **

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