NCJ Number
148682
Date Published
1993
Length
16 pages
Annotation
This paper summarizes the provisions of New Zealand's Children, Young Persons and Their Families Act 1989.
Abstract
The law established a special youth court to replace the children and young persons' court. The youth court is a specialist division of the district court, which deals with all matters that affect persons under 17 years old, including care and protection as well as offenses charged to juveniles. The establishment of the youth court is based on the view that the interests of juvenile offenders are best served if offending behavior is viewed from a "justice" rather than a "welfare" perspective. The intention of the act is to promote the well-being of children, young persons, and their families by providing services that are accessible and culturally sensitive and appropriate to their needs; assistance for families and kinship groups in caring for their children; and protection for children and young people. Regarding matters of youth justice, the stated objectives of the law are the accountability of juvenile offenders, with an acknowledgment that offenders' needs be recognized and action taken. Among the provisions of the legislation discussed in this paper are its general principles, general duties of the various participants in the case, family group conferences, limitations on arrest and procedural safeguards during investigations, Iwi authorities and cultural authorities, and court orders. Perceived benefits of the diversion process are also discussed. There are a range of penalties available to the youth court and a wide variety of sanctions that families themselves can impose. The law takes New Zealand's juvenile justice system toward the justice model, because its major goal is to lead juveniles to accept responsibility for their behavior and to be accountable for it.