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New Zealand Police v FM [2020] NZYC 399

Published 01 October 2020

Dismissal of charges — delay — family group conference — intentional damage to property — wilful damage — theft of motor vehicle — Summary Offences Act 1981 — Crimes Act 1961 — Oranga Tamariki Act 1989, s 101, 238(1)(d) & 249 — P v V & L [2006] NZFLR 1057, (2006) 25 FRNZ 852. The young person, who was under the care and protection of Oranga Tamariki, faced charges of intentional damage to property and threatening to damage property, as well as a charge of theft of a motor vehicle. None of the charges were denied. At the young person's court appearance, a family group conference was ordered. Given that there was no suitable address for the young person to reside at, he was remanded in custody for 18 days, during which time a family group conference had still not been convened. Under s 249 of the Oranga Tamariki Act 1989 a family group conference must be convened within seven days of an order directing the conference, or there must be special circumstances which prevent this timeframe being met. The delay had been due to the possibility being explored by Oranga Tamariki of the young person being transferred to a Youth Court closer to where his family resided. It was noted that a simple request to transfer proceedings does not overcome the statutory timeframes for convening a FGM and that if this was the issue then an formal application, setting out the required special reasons for the delay, ought to be have been made. The Judge did not consider that the reasons given were special circumstances noting that there was no real reason why a FGM could not have been convened urgently and given the long time spent in custody for a 14-year-old, the Judge determined it was in the interest of justice to dismiss the charges. The charges against the young person were dismissed. Judgment Date: 18 August 2020. * * * Note: names have been changed to comply with legal requirements. * * *

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