New Zealand Police v RL [2021] NZYC 254

Published 15 July 2021

Minute — application for care and protection order — application for interim custody order — Family Court jurisdiction — Oranga Tamariki Act 1989, ss 14(1)(e), 238(1)(d) & 280A. The child was due to appear before the Youth Court on one charge, and was later arrested on a warrant, where the judge made an order regarding his custody under s 238(1)(d) of the Oranga Tamariki Act. A police application was later made to the Family Court for a care and protection order, and an interim custody order under s 78. The Family Court judge was aware of the existing Youth Court charges and directed that the application for an interim custody order proceed on notice, adjourning those proceedings to come before the Youth Court judge. The court was faced with an issue regarding a guideline about which office is responsible for the social work of a young person. By laying a charge in the Youth Court concurrent with bringing proceedings before the Family Court, this can have the effect of thwarting the exercise of the "push back" of charges in s 280A. The court decided not to deem the charges before the Youth Court as discharged, despite the police decision to apply to the Family Court. The Family Court proceedings were then adjourned, and the child's youth advocate was appointed as his lawyer in relation to these proceedings. Judgment date: 15 June 2021. * * * Note: names have been changed to comply with legal requirements. * **

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