New Zealand Police v BQ [2019] NZYC 313

Published 05 March 2020

Application for declaration youth failed to comply with supervision order — interim suspension of supervision order — threatening to injure — family group conference — custody — Summary Offences Act 1981 — Oranga Tamariki Act 1989, s 283. A senior social worker applied for a declaration that the young person, BQ, failed to comply with a condition of his supervision order. The social worker also sought an interim suspension of the supervision order, review of BQ's custodial status and a direction for a family group conference. BQ's youth advocate did not oppose the application. The Judge granted the interim suspension and directed a family group conference occur so a plan could be made for the young person. The breach of the supervision order arose from a fresh charge of threatening to injure. The main issue in this judgment was where to place the young person. He had spent 11 months in a residential centre that specialised in rehabilitating young people who had seriously sexually offended. The residential centre had said they could not rehabilitate BQ or handle his explosive outbursts and inappropriate attitude towards women and decided, of its own accord, BQ could no longer be within the organisation. He was placed on bail in a men's support centre in the community, by a youth court that appeared not to have all the information relating to BQ. The Judge faced the issue that BQ had been granted bail and so would have an expectation of bail. However, his risk of further offending was so great that the community needed to be protected. BQ was remanded in Oranga Tamariki's custody until the family group conference could be held. Ideally a situation could be worked out where BQ would be placed at the men's support service but with conditions that minimised his risk to the community. Judgment Date: 9 July 2019. * * * Note: names have been changed to comply with legal requirements. * * *