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New Zealand Police v DH [2021] NZYC 47

Published 01 July 2021

Bail — unlawful taking of a motor vehicle — escaping Oranga Tamariki custody — shoplifting — needs of family/whanau — rights and best interests of young persons — mana tamaiti — Treaty of Waitangi/Tiriti o Waitangi obligations — Oranga Tamariki Act 1989 ss 4, 4A, 5, 6, 7, 7AA & 101 — United Nations Convention on the Rights of the Child. The young person was facing charges relating to unlawful taking of a motor vehicle, shoplifting and escaping Oranga Tamariki custody. The Court directed an urgent family group conference and granted the young person bail, observing that the case had a number of complex issues that required thorough examination by one of the responsible courts. The young person's family was under pressure with three high-needs children as well as the young person. The Court observed that the young person's problems may be able to be addressed by examining the needs of her wider whanau. In fact the Oranga Tamariki Act mandated that the courts do this, and also that services be established to promote and protect the interests of young persons and their families. Te Tiriti o Waitangi and the United Nations Convention on the Rights of the Child also played a role in the process. The Court however concluded that the young person was also obliged to make an effort to engage with the process. Judgment Date: 11 February 2021. * * * Note: names have been changed to comply with legal requirements. * * *

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