New Zealand Police v JL [2019] NZYC 521

Published 02 December 2019

Placement of young person — assault — interim custody order — Family Court crossover — care and protection concerns — domestic violence — Oranga Tamariki Act 1989, ss 78 & 140 — United Nations on the Convention of the Rights of the Child. The young person appeared in the Youth Court facing new charges alleging she assaulted her mother and damaged a bedroom wall. The police made an application that the young person be placed in the interim custody of Oranga Tamariki rather than being processed through youth justice facilities. The Judge stated this was a perfectly appropriate application, in line with New Zealand's international obligations under the United Nations on the Convention of the Rights of the Child. The UN recently issued a statement emphasising that children and young people should be diverted wherever possible from criminal law processes. The order was granted, with the condition that Oranga Tamariki should consult with the young person's parents about placement decisions. Leave to withdraw the charges against the young person was granted as the situation was more appropriately dealt with by alternative action. Judgment Date: 30 October 2019. * * * Note: names have been changed to comply with legal requirements. * * *