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New Zealand Police v KA [2021] NZYC 59

Published 16 March 2022

Bail — arson — mana tamaiti — wellbeing of young person — Oranga Tamariki Act 1989, ss 4, 4A, 5, 6, 7AA, 282 & 333 — Treaty of Waitangi/Te Tiriti ō Waitangi — United Nations Convention on the Rights of the Child. The young person had not denied a charge of arson and had been bailed to a parent's house. This placement subsequently broke down, and he had since moved in with a relative and her family. This hearing was to consider new bail arrangements. The Judge took into consideration various provisions of the Oranga Tamariki Act, in particular the ones which had come into effect on 1 July 2019. These included affirming mana tamaiti, assisting families to fulfil thei responsibility to meet the needs of their children by ensuring children have a safe, stable and loving home, and giving practical commitment to Te Tiriti ō Waitangi. The young person was starting school in the new location and had joined a sports club. He was living with his relative and her family in close quarters, which the Judge noted worked for the meantime but may not work in the longterm. The young person would require things in order to be able to thrive but it was important that this did not also place additional pressures on the relatives' household. The Judge directed a professionals meeting take place with police, Oranga Tamariki, lawyers, and the young person and his whānau so that a plan could be put together for the young person. Judgment Date: 11 February 2021. * * * Note: names have been changed to comply with legal requirements. * * *

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