New Zealand Police v MQ [2020] NZYC 35

Published 05 March 2020

Early release hearing — supervision with residence — riot — serious misbehaviour — Oranga Tamariki Act 1989, ss 311, 314 & 335 — Crimes Act 1961, s 269(2)(a). This hearing was to determine whether the young person would be granted early release from his six month sentence of residence with supervision. When a supervision with residence order is made under s 311 of the Oranga Tamariki Act (the Act), the Court must adjourn proceedings to a date to decide whether the young person will be released from that sentence two-thirds of the way through the order. Section 314 of the Act requires that the young person must be released on that date if the Court is satisfied that during the period the young person has been in custody they have: not absconded or committed further offences; behaved well and complied with their plan; and complied with any condition of the order to undertake any specified programme or activity. During most of his time in the Youth Justice residence the young person had behaved satisfactorily. However, he had participated in a serious riot at the residence, resulting in injuries to staff and damage of the residence. There was a major breach of security and the incident was highly concerning. For this reason the Court determined it was not appropriate to grant early release, and to the young person's credit, he accepted that that decision was a consequence of his own actions. The young person was to carry out the final third of the supervision with residence order. A date was also set for hearing in the crossover list to coordinate and approve the young person's Youth Court and Family Court plans. Judgment Date: 20 January 2020. Reasons: 28 January 2020. * * * Note: names have been changed to comply with legal requirements. * * *