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New Zealand Police v HT [2020] NZYC 218

Published 25 March 2022

Bail application — supported bail — curfew — COVID-19 — Alert Level 3 — global pandemic — Oranga Tamariki Act 1989, ss 4, 5, 7AA & 239 — Te Tiriti o Waitangi — Treaty of Waitangi principles. This was an application for bail on behalf of the young person. The young person had been picked up by police in relation to a burglary which occurred during Alert Level 3 of the COVID-19 outbreak. The young person had also visited his girlfriend during the lockdown period. The young person had a raft of other charges currently before the Court. Police opposed the bail application. In deciding whether to grant bail to a young person it is necessary to consider s 239 of the Oranga Tamariki Act 1989 (OTA)—whether the young person is likely to offend while on bail, and whether bail conditions can be put in place to ensure the young person can be released back into the community. It was the position of Oranga Tamariki (OT) that the young person would receive supported bail, but on further inquiry by the Judge it came to light that supported bail was not being offered during Alert Level 3. The Judge considered a phone call from OT and the occasional food parcel being sent to the young person's home was insufficient support and left the young person with plenty of alone time on his hands. A more extensive inquiry into the necessary support for the young person and his whanāu was required. The Judge remanded the young person on bail—under a strict 24-hour curfew—for a month for those matters to be considered. Judgment Date: 4 May 2020. * * * Note: names have been changed to comply with legal requirements. * * *