1: Title
This Act is the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010.
2: Commencement
1: This Act comes into force on 1 October 2010, unless it is earlier brought into force on a date appointed by the Governor-General by Order in Council.
2: One or more Orders in Council may be made bringing different provisions into force on different dates before 1 October 2010
3: Principal Act amended
This Act amends the Children, Young Persons, and Their Families Act 1989 2010-10-01 Children, Young Persons, and Their Families Act 1989 Unless parts/whole act brought into force by OIC
1: Amendments to principal Act
4: Purpose of Part
1: The purpose of this Part is to amend the principal Act to—
a: enable proceedings to be commenced under the Summary Proceedings Act 1957
i: a child aged 12 or 13 years who is alleged to have committed an offence (other than murder or manslaughter) for which the maximum penalty available is or includes imprisonment for life or for at least 14 years; or
ii: a child aged 12 or 13 years who is alleged to have committed an offence (other than murder or manslaughter) for which the maximum penalty available is or includes imprisonment for at least 10 years but less than 14 years and who is a previous offender; and
b: require to be brought before a Youth Court to be dealt with in accordance with the principal Act, and provide certain protections for, a child of that kind against whom proceedings under the Summary Proceedings Act 1957
c: strengthen and expand the orders available to a Youth Court sentencing or otherwise dealing with a child or young person against whom a charge is proved before it, including by ensuring that measures for dealing with offending address the causes underlying the offending.
2: A child aged 12 or 13 years is a previous offender for the purposes of subsection (1)(a)(ii) if, in accordance with section 272(1A) section 14(2)
a: proved before a Family Court to have committed an offence for which the maximum penalty available is or includes imprisonment for life or for at least 10 years; or
b: convicted by the High Court of murder or manslaughter; or
c: convicted by a District Court or the High Court, as a result of an election of jury trial made in a Youth Court, of 1 or more offences (other than murder or manslaughter) for which the maximum penalty available is or includes imprisonment for life or for at least 14 years; or
d: proved before a Youth Court to have committed 1 or more offences (other than murder or manslaughter) for which the maximum penalty available is or includes imprisonment for life or for at least 14 years.
5: Interpretation
Paragraph (a) of the definition of residence section 2(1) or place or other premises
6: Principles
1: Section 208
(fa): the principle that any measures for dealing with offending by a child or young person should so far as it is practicable to do so address the causes underlying the child's or young person's offending: .
2: Section 208
g: the principle that—
i: in the determination of measures for dealing with offending by children or young persons, consideration should be given to the interests and views of any victims of the offending (for example, by encouraging the victims to participate in the processes under this Part for dealing with offending); and
ii: any measures should have proper regard for the interests of any victims of the offending and the impact of the offending on them: .
7: Custody of child or young person pending hearing
1: Section 238(1)(e) the child or young person the young person (but cannot under this paragraph order that the child)
2: Section 239(2) child or
3: Section 242(2) child or
8: Restrictions on power of Court to order child or young person to be detained in custody
Section 239(1) , or if the order is being considered under section 296F(3) pending the determination of the charge
9: New section 255 substituted
Section 255
255: Youth justice co-ordinator must ensure that relevant information and advice made available to family group conference
1: Every youth justice co-ordinator who convenes a family group conference must take all reasonable steps to ensure that all information and advice the co-ordinator considers is required by the conference to carry out its functions (including information and advice relating to the health and education needs of every child or young person in respect of whom the conference is convened) is made available to the conference.
2: If it is appropriate for any person to attend a family group conference for the purpose of conveying to that conference any information or advice required by that conference to carry out its functions, that person may attend that conference for that purpose, but may otherwise attend the conference only with the agreement of the conference.
3: Subsection (2)
10: Functions of family group conference
Section 258
ba: if the conference is convened under section 247(b) or (d) in relation to an offence alleged to have been committed by a child, to consider,—
i: if the conference is convened under section 247(b), whether the public interest requires that criminal proceedings should be instituted against the child in accordance with section 272(1)(b) or (c)
ii: whether the child is in need of care or protection on the ground specified in section 14(1)(e) and, if so, whether the public interest requires that instead of criminal proceedings being instituted or continued that the matter should be dealt with under Part 2, whether by way of an application for a declaration under section 67 on that ground made in respect of that child, or in some other way: .
11: New section 259A inserted
The following section is inserted after section 259
259A: Family group conference must consider attendance at parenting education, mentoring, and alcohol or drug rehabilitation programmes
Every family group conference convened under this Part must, in complying with section 208(fa)
a: whether the young person should be required to attend all or any of the following:
i: a parenting education programme:
ii: a mentoring programme:
iii: an alcohol or drug rehabilitation programme; and
b: whether a parent or guardian or other person having the care of the young person should be required to attend a parenting education programme.
12: Family group conference may make decisions, recommendations, and plans relating to care or protection of child or young person
Section 261(1) , with the prior agreement of a care and protection co-ordinator, , if it has received information and advice on care or protection matters under section 255(1)
13: New section 269A inserted
The following section is inserted after section 269
269A: Chief executive to ascertain whether victims wish to be informed of progress in implementing decisions, recommendations, and plans
1: This section applies to any action or steps to be taken or completed by the child or young person in respect of whom a family group conference was convened—
a: under any decision, recommendation, or plan made or formulated by the family group conference and to which agreement is obtained under section 263; and
b: by way of penalty or reparation for an offence.
2: The chief executive must take reasonable steps—
a: to ascertain whether the victim of the offence wishes to be notified of the child’s or young person’s progress in taking that action or completing those steps; and
b: if so, to ensure that the victim of the offence is notified from time to time of that progress.
3: The chief executive’s duty under subsection (2) must be performed by another person if that other person—
a: was nominated for the purpose by the family group conference; and
b: has agreed to perform that duty.
14: Jurisdiction of Youth Court
1: The heading to section 272 Court Courts and children's liability to be prosecuted for criminal offences
2: Section 272
1: The following are the only 3 situations in which proceedings may lawfully be commenced under the Summary Proceedings Act 1957 against a child alleged to have committed an offence:
a: where the child is of or over the age of 10 years, and the offence is murder or manslaughter:
b: where the child is aged 12 or 13 years, and the offence is one (other than murder or manslaughter) for which the maximum penalty available is or includes imprisonment for life or for at least 14 years:
c: where the child is aged 12 or 13 years and is a previous offender under subsection (1A) or (1B)
1A: A child is a previous offender under this subsection for the purposes of subsection (1)(c)
a: an application is made to a Family Court under section 67 for a declaration that the child is in need of care or protection on the ground that the child has committed an offence or offences the number, nature, or magnitude of which is such as to give serious concern for the wellbeing of the child; and
b: on that application the Family Court, having found 1 or more of the offences alleged in the application (the earlier offences
i: declares the child to be in need of care or protection on that ground; or
ii: indicates clearly that, but for section 73 (on the child's need for care or protection being able to be met by other means), it would have made a declaration that the child is in need of care or protection on that ground; and
c: for 1 or more of the earlier offences the maximum penalty available is or includes imprisonment for life or for at least 10 years.
1B: A child is a previous offender under this subsection for the purposes of subsection (1)(c)
a: the child has been convicted by the High Court of murder or manslaughter; or
b: the child, as a result of an election of jury trial made by the child in a Youth Court in accordance with section 66 of the Summary Proceedings Act 1957 (as applied by section 272A
c: the child has been charged with, and a Youth Court has found proved before it the charge against the child for, 1 or more offences (other than murder or manslaughter) for which the maximum penalty available is or includes imprisonment for life or for at least 14 years.”
2: If a child of or over the age of 10 years is charged with murder or manslaughter,—
a: the committal process for the charge must, subject to section 274, take place before a Youth Court; and
b: the provisions of this Act (other than sections 236, 238(1)(e), 239(2), 242(2), 275, 276, and 365(1)), and of any regulations made under this Act, apply accordingly as if that child were a young person.
2A: If a child aged 12 or 13 years is charged with an offence specified in subsection (1)(b) or (c)
a: the child must be brought before a Youth Court to be dealt with in accordance with the provisions of this Act; and
b: the provisions of this Act, and of any regulations made under this Act, apply accordingly as if that child were a young person but subject to the modifications in section 272A
15: New section 272A inserted
The following section is inserted after section 272
272A: Modifications and procedure for child aged 12 or 13 years charged with offence in section 272(1)(b) or (c)
1: The modifications referred to in section 272(2A)(b) section 272(1)(b) or (c)
a: sections 236, 238(1)(e), 239(2), 242(2), and 365(1) (on Police custody and placements in residences) do not, despite those sections referring to a young person and section 272(2A)(b)
b: sections 273 to 276 (which specify procedures for dealing with offences) do not apply, and subsections (2) to (6)
c: section 282(1) applies as if it empowers a Youth Court to discharge an information charging the child with the offence even if it is a purely indictable offence; and
d: a reference in this Act or regulations under it to the charge against the child being proved before a Youth Court must be treated as including a requirement that the Youth Court is satisfied that the child knew either—
i: that the act or omission constituting the offence charged was wrong; or
ii: that it was contrary to law.
2: The Youth Court must hear and determine the information charging the child with the offence (whether it is a summary offence or an indictable offence (including a purely indictable offence)) unless—
a: the child under this section elects trial by jury and is committed for trial; or
b: the Court discharges the information under section 282.
3: The child may under this section elect to be tried by a jury for the offence (whether it is a summary offence or an indictable offence (including a purely indictable offence)) and, if the child does so, the child's election must be made and dealt with in accordance with section 66 of the Summary Proceedings Act 1957, which applies with all necessary modifications.
4: If the child elects trial by jury, the committal proceedings (including the standard committal, or committal hearing (if required)) must take place in accordance with Part 5 or 5A of the Summary Proceedings Act 1957, except that—
a: the committal proceedings must take place in a Youth Court which, for that purpose,—
i: has all the powers of a District Court; and
ii: must be presided over by a Youth Court Judge; and
b: sections 329 and 438 of this Act, and not section 138 of the Criminal Justice Act 1985, apply in respect of the committal proceedings.
5: If the child elects trial by jury, the child may, without leave of the Court, withdraw the election at any time before the child is committed for trial and, if the child does so, the proceedings continue in the Youth Court as if the child had not made the election.
6: If the child elects trial by jury and the Youth Court is required or proposes to commit the child for trial for the offence, or the child elects trial by jury and at any time before committal for trial indicates to the Court that the child wishes to plead guilty to the offence,—
a: the Youth Court must give the child the opportunity of forgoing the right to trial by jury and of electing to have the information heard and determined in a Youth Court by a Youth Court Judge; and
b: if the child accepts that opportunity and elects to have the information heard and determined in a Youth Court by a Youth Court Judge, the Youth Court has the jurisdiction to hear and determine the information and otherwise deal with the child in accordance with this Act as if he or she were a young person (but subject to subsection (1)(a), (c), and (d)
16: Manner of dealing with purely indictable offences or where person elects jury trial
1: Section 274
2: The committal proceedings (including the standard committal, or committal hearing (if required)) must take place in accordance with Part 5 or 5A of the Summary Proceedings Act 1957, except that—
a: the committal proceedings must take place in a Youth Court which, for that purpose,—
i: has all the powers of a District Court; and
ii: must be presided over by a Youth Court Judge or, in the absence of a Youth Court Judge, by a District Court Judge or by 2 or more Justices or by one or more Community Magistrates; and
b: sections 329 and 438 of this Act, and not section 138 of the Criminal Justice Act 1985, apply in respect of the committal proceedings.
3: This section is subject to sections 275 and 276.
2: The following are consequentially amended by repealing the items relating to section 274(2)(a)
a: the Schedule
b: Schedule 3 2010-10-01 District Courts Amendment Act 1998 Summary Proceedings Amendment Act (No 2) 2008 Unless parts/whole act brought into force by OIC
17: Young person may forego right to jury trial and elect to have proceedings determined by Youth Court
The heading to section 275 forego forgo
18: Young person may plead guilty and elect to be dealt with by Youth Court
Section 276(1) foregoing forgoing
19: Provisions applicable where young person charged jointly with person who is not a young person
Section 277
6: This section is subject to sections 272A
20: New section 280A inserted
The following section is inserted after section 280
280A: Court may refer case to informant to be dealt with as child offending care or protection proceeding under Part 2
1: This section applies to proceedings under this Part in respect of a child aged 12 or 13 years who is charged with an offence of the kind specified in section 272(1)(b) or (c) 283
a: the child may be in need of care or protection on the ground specified in section 14(1)(e); and
b: the making of an application for a declaration under section 67 on that ground in respect of the child and the offence would serve the public interest better than the continuation of the proceedings under this Part.
2: The Court—
a: may refer the matter to the informant in the proceedings to consider whether to make an application for a declaration under section 67 on that ground in respect of the child and the offence or to deal with the matter in some other way; and
b: must, on making a referral under paragraph (a)
3: If the proceedings are in respect of an information laid against the child for an offence, and are adjourned under subsection (2)
a: the Court may, at any time, discharge the information under section 282; but
b: if not discharged earlier, the information is deemed to be discharged if, and when, an application for a declaration under section 67 on that ground in respect of the child and the offence first comes before a Family Court Judge.
4: An informant to whom a matter in respect of a child is referred under subsection (2)
a: consider whether to make an application for a declaration under section 67 on that ground in respect of the child and offence or to deal with the matter in some other way; and
b: give effect to his or her decision under paragraph (a)
5: Before referring a matter to the informant in the proceedings under subsection (2)
a: direct a youth justice co-ordinator to convene a family group conference for the purpose of considering whether the making of an application for a declaration under section 67 on that ground in respect of the child and the offence would serve the public interest better than the continuation of the proceedings under this Part (in which case sections 250 to 259 apply to the conference with all necessary modifications); and
b: adjourn the proceedings until the conference has been held.
6: Nothing in this section limits or affects the application to a child, in accordance with section 272(2A)
21: Court not to make orders unless family group conference held
Section 281(2)
a: if a young person appears before the Court on a summons issued under section 295, exercise any of the powers conferred on it by section 295(2); or
b: if the Court under section 296B section 296G
c: if the Court under section 316 cancels a supervision with residence order, substitute any other order in place of that order,— .
22: Power of Court to discharge information
Section 282
3: If it is satisfied that the charge against the young person is proved, the Court may make an order under any of the provisions of paragraphs (e) to (j) of section 283
a: when it discharges the information; or
b: at any earlier time after it completes the inquiry referred to in subsection (1).
4: The Court must not exercise the power in subsection (3)(b)
23: New section 283 substituted
Section 283
283: Hierarchy of Court's responses if charge against young person proved
A Youth Court before which a charge against a young person is proved may, subject to sections 284 to 290, make 1 or more of the following responses (grouped in levels of equal restrictiveness, the groups ranging from least restrictive to most restrictive): Group 1 responses
a: discharge the young person from the proceedings without further order or penalty:
b: admonish the young person: Group 2 responses
c: order that the young person come before the Court, if called upon within 12 months after the order is made, so that the Court may take further action under this section:
d: impose a fine that could have been imposed by a District Court if the young person were an adult and had been convicted of the offence following a summary hearing in a District Court, and exercise any of the powers conferred on a District Court by sections 81 and 83 of the Summary Proceedings Act 1957 (other than the power to impose a period of imprisonment in default of payment):
e: order the young person or, in the case of a young person who is under the age of 16 years, any parent or guardian of the young person to pay a sum towards the cost of the prosecution:
f: order the young person or, in the case of a young person who is under the age of 16 years, any parent or guardian of the young person to pay to the person who suffered the emotional harm or the loss of, or damage to, property such sum as it thinks fit by way of reparation if the Court is satisfied that any person (other than the young person) suffered, through or by means of the offence, either or both of the following:
i: emotional harm:
ii: loss of, or damage to, property:
g: order the young person or, in the case of a young person who is under the age of 16 years, a parent or guardian of the young person to make restitution in accordance with section 404 of the Crimes Act 1961:
h: make an order for the forfeiture of property to the Crown if the forfeiture of that property would have been obligatory or could have been ordered under an enactment applicable to the offence if the young person were an adult and had been convicted of that offence by a District Court:
i: make an order under section 293A (which relates to disqualification from driving):
j: make an order that could have been made by a court other than a Youth Court under section 128 or 129 of the Sentencing Act 2002 (which relate to confiscation of motor vehicles) if the young person were an adult and had been convicted of the offence in a court other than a Youth Court; and if the Court makes such an order, the following sections of that Act apply accordingly:
i: sections 127 and 130 to 142:
ii: section 128 or 129 (as the case may be): Group 3 responses
ja: make an order requiring the young person (if he or she is, or is soon to be, a parent or guardian or other person having the care of a child), or a parent or guardian or other person having the care of the young person, or both, to attend, in a manner specified by the Court, and for a specified period of not more than 6 months, a specified parenting education programme:
jb: make an order requiring the young person to attend, in a manner specified by the Court, and for a specified period of not more than 12 months, a specified mentoring programme:
jc: make an order requiring the young person to attend, in a manner specified by the Court, and for a specified period of not more than 12 months, a specified alcohol or drug rehabilitation programme: Group 4 responses
k: make an order placing the young person under the supervision of the chief executive, or any person or organisation specified in the order, for a period not exceeding 6 months:
l: make a community work order under section 298: Group 5 response
m: make a supervision with activity order under section 307 Group 6 response
n: make a supervision with residence order under section 311 Group 7 response
o: enter a conviction and order that the young person be brought before a District Court for sentence or decision, in which case the Sentencing Act 2002 applies accordingly if—
i: the young person is of or over the age of 15 years; or
ii: the young person is of or over the age of 14 years and under the age of 15 years and the charge proved against him or her is a charge in respect of a purely indictable offence. 1974 No 72 s 36(1) 1977 No 126 s 10 1983 No 129 s 8(1) .
24: Factors to be taken into account on sentencing
Section 284(1)
i: the causes underlying the young person's offending, and the measures available for addressing those causes, so far as it is practicable to do so.
25: Restrictions on power of Court to make certain orders under section 283
Section 285
6: The Court may make an order under section 283(o) section 289
a: but for subsection (5)(b), (ba), or (c), the Court would have made an order under any of the following:
i: section 283(l)
ii: section 283(m) section 307
iii: section 283(n) section 311
b: the Court considers that it would not be appropriate to make an order under any of paragraphs (a) to (k) of section 283
c: the order is made in respect of a young person—
i: who is of or over the age of 15 years; or
ii: who is of or over the age of 14 years and under the age of 15 years and against whom the charge proved is a purely indictable offence.
26: Person or organisation not to be required to supervise young person without consent
Section 286 , or under section 296G section 283
27: New section 286A inserted
The following section is inserted after section 286
286A: Parenting education, mentoring, or alcohol or drug rehabilitation programme order: general requirement for provider to have first agreed to provide programme concerned, and making of order subject to conditions
1: This section applies to an order if it is—
a: a parenting education programme order under section 283(ja)
b: a mentoring programme order under section 283(jb)
c: an alcohol or drug rehabilitation programme order under section 283(jc)
2: If the programme to be specified in an order to which this section applies is to be provided other than by the chief executive, that order may be made only if the provider of that programme has first agreed to provide that programme to the person to be required by the order to attend that programme.
3: An order to which this section applies may be made subject to any conditions the Court thinks fit and specifies in the order.
28: New sections 288 to 290A substituted
Sections 288 to 290
288: Order in respect of parent or guardian or other person having care not to be made without first informing of proposal to make order and giving opportunity to make representations
No order may be made under section 283
a: informed by the Court of the proposal to make the order; and
b: given an opportunity to make representations to the Court. 1974 No 72 s 36(5)
289: Court must impose least restrictive outcome adequate in circumstances
1: A Court making a response or a permitted combination of responses under section 283
a: assess the restrictiveness of that outcome in accordance with the hierarchy set out in section 283
b: not impose that outcome unless satisfied that a less restrictive outcome would, in the circumstances and having regard to the principles in section 208 and factors in section 284, be clearly inadequate.
2: Subsection (1)(a) and (b) section 296B(1)
a: declares that a young person has without reasonable excuse failed to comply satisfactorily with a requirement of an order to which section 296B
b: substitutes or otherwise makes under section 296B(3)(a), (b), or (c)
i: any other order under section 283
ii: an intensive supervision order under section 296G subsection (1)(a) section 283
iii: any order it is empowered to make under section 296E
3: Subsection (1)(a) and (b)
a: cancels a supervision with residence order made under section 311
b: substitutes under section 316(2)(b) any other order under section 283 2002 No 9 s 8(g)
290: Judge must record in writing reasons for supervision with residence or transfer order
A Judge exercising the jurisdiction of the Court to make an order under section 283(n) or (o)
290A: Restriction on who may provide residential component of specified programme or activity
1: This section applies to a Court considering whether to impose under section 307(1)(b) or 311(2)
a: a supervision with activity order under section 307
b: a supervision with residence order under section 311
2: The Court must not impose the condition unless the residential component of the specified programme or activity is to be provided by—
a: the chief executive; or
b: a body or organisation approved under section 396.
3: The residential component
a: where that component is provided; and
b: with, and under the control of, the provider.
29: New headings and sections 296 to 296M substituted
Section 296
296: Expiry of orders
1: This section applies to an order that is—
a: an order under section 283(c) section 283
b: a parenting education programme order under section 283(ja)
c: a mentoring programme order under section 283(jb)
d: an alcohol or drug rehabilitation programme order under section 283(jc)
e: an order under section 283(k)
f: an order under section 283(l)
g: an order under section 283(m) section 307
h: an order under section 283(n) section 311
i: an intensive supervision order under section 296G
2: If it is made after the commencement of this section, and does not expire sooner, the order expires when the young person in respect of whom it is made attains the age of 18 years.
3: If it is made before the commencement of this section, and does not expire sooner, the order expires 6 months after the young person in respect of whom it is made attains the age of 17 years. Failure to comply with, and variation and cancellation of, specified orders
296A: Orders to which sections 296B and 296E apply
1: Sections 296B and 296E
a: a parenting education programme order under section 283(ja)
b: a mentoring programme order under section 283(jb)
c: an alcohol or drug rehabilitation programme order under section 283(jc)
d: a supervision order under section 283(k)
e: a community work order under section 298:
f: a supervision with activity order under section 307
g: an intensive supervision order under section 296G
2: Section 296E section 283(ja)
296B: Failure to comply
1: If the young person has without reasonable excuse failed to comply satisfactorily with a term, condition, or other requirement of an order specified in section 296A(1)
a: a social worker, if the order is one under section 283(ja), (jb), or (jc)
b: the chief executive or, as the case may be, the person or organisation specified in the order under whose supervision the young person has been placed, if the order is one under section 283(k), 296G, or 307
c: a constable, if the order is one under section 296G section 296J(1)
d: a social worker or the person or organisation supervising the order, if the order is one under section 298.
2: Every application under subsection (1)
3: If satisfied on an application under subsection (1)
a: cancel the order, and in substitution for that order make any other order under section 283
b: make any order the Court is empowered to make under section 296E
c: if the condition concerned is one the young person's compliance with which is the subject of judicial monitoring in accordance with a direction under section 308A section 296G
4: On or after making or varying under subsection (3)(a) or (b) section 308A(1)(a)
5: Subsection (3) section 289(2)
296C: Warrant to have young person arrested and brought before Court
1: This section applies if a person has made an application under section 296B(1) section 296A(1) breach application
2: The person may make, to the Court dealing with the breach application, an application in writing and on oath for a warrant to arrest, and to bring before that Court, the young person to whom the breach application relates if the person believes on reasonable grounds that—
a: all reasonable efforts have been made to locate or, as the case requires, to serve the breach application on, that young person, but those efforts have failed; or
b: the breach application has been served on that young person, but he or she has failed to appear before that Court.
3: The Court dealing with the breach application may, on an application under subsection (2)
a: all reasonable efforts have been made to locate or, as the case requires, to serve the breach application on, that young person, but those efforts have failed; or
b: the breach application has been served on that young person, but he or she has failed to appear before that Court. 2002 No 9 s 72(3)
296D: Execution of warrant under section 296C
1: A warrant under section 296C
2: The warrant must be directed to a constable by name or generally to every constable, but in either case may be executed by any constable.
3: For the purpose of executing the warrant, the constable executing it may at any time enter on to any premises, by force if necessary, if he or she has reasonable grounds to believe that the young person against whom it is issued is on those premises.
4: Sections 445A (person executing warrant to produce evidence of authority and identity) and 445B (authority to use facsimile copy of warrant) apply to the warrant. 2000 No 38 s 36(2)–(4); 2002 No 9 s 72(4)
296E: Variation and cancellation
1: If an order specified in section 296A(1) or (2)
a: cancel the order:
b: suspend the order for a period specified by the Court:
c: suspend a condition of the order for a period specified by the Court:
d: impose a further condition of the order:
e: vary a condition of the order.
2: The application may be made only by 1 or more of the following persons or organisations:
a: the young person, or any parent or guardian or other person having the care of the young person:
b: the provider of the parenting education, mentoring, or alcohol or drug rehabilitation programme concerned, or a social worker, if the order is one under section 283(ja), (jb), or (jc)
c: the chief executive or, as the case may be, the person or organisation specified in the order under whose supervision the young person has been placed, if the order is one under section 283(k), 296G, or 307
d: a social worker or the person or organisation supervising the order, if the order is one under section 298.
3: The application must be served on—
a: every other person or organisation specified in subsection (2)
b: the barrister or solicitor or youth advocate representing the young person.
4: Every person or organisation on whom the application must be served is entitled to appear and be heard at the hearing of the application.
5: If the application is for the suspension or variation of a condition of an order under section 283(k), 296G, or 307
296F: Interim suspension order
1: This section applies if a person has made—
a: an application under section 296B(1) section 296A(1) breach application
b: an application under section 296E section 296A(1) or (2) variation or cancellation application
2: The Court to which the breach application or, as the case may be, the variation or cancellation application has been made may, on the application of a party to the proceedings or the youth advocate, or of its own motion, make an interim suspension order that suspends the operation of the order specified in section 296A(1) or (2)
3: If the Court makes an interim suspension order under this section in respect of an order specified in section 296A(1) or (2) Intensive supervision orders
296G: Intensive supervision order in response to young person's non-compliance with judicially monitored condition of supervision or supervision with activity order
In the situation specified in section 296B(3)(c)
296H: Duty of chief executive to provide for supervision under intensive supervision order
If, under section 296G
296I: Conditions of intensive supervision order
An order under section 296G
a: the conditions specified in section 305 (except paragraph (b)):
b: a condition that the young person must report to the social worker or person or organisation—
i: at least once each week during the first 3 months of the order, and at least once each month after the first 3 months of the order:
ii: as and when the young person is required to do so at other times by the social worker or person or a representative of the organisation:
c: any additional conditions under section 306 the Court imposes:
d: any additional conditions (imposing a curfew, with or without electronic monitoring of compliance with that curfew) the Court imposes under section 296J
e: a condition (if the Court under this paragraph imposes one) that the young person attend and remain at, for any weekday, evening, and weekend hours each week and for any number of months the Court thinks fit, any specified centre approved by the department, and take part in any activity required by the person in charge of the centre:
f: a condition (if the Court under this paragraph imposes one) that the young person undertake any specified programme or activity.
296J: Additional conditions imposing curfew with or without electronic monitoring of compliance
1: On or after making an order under section 296G curfew condition curfew duration daily curfew period curfew address
2: On imposing, and making an order under section 296G
3: Every daily curfew period specified under subsection (2)
4: The young person is not in custody during the daily curfew period; but—
a: during the daily curfew period, the young person must not, at any time, leave the curfew address except in the circumstances set out in subsection (5)
b: during the curfew duration, the young person must co-operate with the chief executive, and must comply with any lawful direction (for example, one for the purpose of implementing an electronic monitoring condition under subsection (6)
c: the young person must, when required to do so by the chief executive and for the purpose of implementing an electronic monitoring condition under subsection (6) section 296G
5: A young person may leave the curfew address during the daily curfew period only—
a: to seek urgent medical or dental treatment; or
b: to avoid or minimise a serious risk of death or injury to the young person or any other person; or
c: with the approval of the chief executive,—
i: to seek or engage in employment; or
ii: to attend educational, training, or other rehabilitative or reintegrative activities or programmes; or
iii: to attend a family group conference or other process relating to the young person's offending; or
iv: to carry out any undertaking, or implement a decision, recommendation, or plan, arising from a family group conference or other process relating to the young person's offending; or
d: with the approval of the chief executive and subject to any conditions imposed by the chief executive, on humanitarian grounds.
6: On or after imposing, and making an order under section 296G
7: A Judge exercising the jurisdiction of the Court to impose an electronic monitoring condition under subsection (6) 2002 No 9 ss 69B(3)–(5), 69E(1)(a), (1)(e), (2)
296K: Electronic monitoring
1: The purposes of an electronic monitoring condition imposed under section 296J(6)
a: deter the young person from breaching the requirement of the relevant curfew condition that the young person remain at the curfew address during the daily curfew period; and
b: monitor the young person's compliance with that requirement.
2: Information about a young person that is obtained through electronic monitoring may be used only for the purposes referred to in subsection (1)
a: to verify compliance with the requirement of the relevant curfew condition that the young person remain at the curfew address during the daily curfew period:
b: to detect non-compliance with that requirement:
c: to provide evidence of non-compliance with that requirement:
d: to verify that the young person has not tampered or otherwise interfered with the ability of the electronic monitoring equipment to operate effectively and accurately.
3: Information may be collected during the whole of the period of the order under section 296G subsection (2)(d)
4: Any information obtained by electronic monitoring outside the curfew duration must be destroyed as soon as practicable.
5: The chief executive may from time to time, either generally or particularly, with the agreement of the Commissioner of Police delegate to that Commissioner all or any of the chief executive's functions or powers under this Act relating to implementation of electronic monitoring conditions imposed under section 296J(6)
6: Section 41(3), (5), and (7) of the State Sector Act 1988 apply with all necessary modifications to a delegation under subsection (5) subsection (5)
7: Functions or powers delegated under subsection (5) 2002 No 9 s 69F
296L: Powers to detain and return, and arrest, young person breaching curfew condition
1: A constable or social worker may (using such reasonable force as may be necessary) detain without warrant and return to the curfew address a young person subject to a curfew condition under section 296J
a: leaving, or being taken without authority, from the curfew address; or
b: refusing or neglecting to return to the curfew address.
2: A constable may (using such reasonable force as may be necessary) arrest without warrant a young person subject to a curfew condition under section 296J
a: leaving, or being taken without authority, from the curfew address; or
b: refusing or neglecting to return to the curfew address.
3: A young person to whom this section applies does not, by reason only of an act or omission referred to in subsection (1) or (2)
296M: Review of intensive supervision order
1: After making an order under section 296G
a: must fix promptly dates (which must be not later than 3 months after the date on which the order is made, and at least once every 3 months after that date, but before the order expires) for review of the plan that was prepared in respect of the order in accordance with section 335 (the plan
b: may direct who is to review the plan (and if it does not make a direction, the person who prepared the plan is deemed to have been directed to review it under this paragraph); and
c: may, at any time, and either on its own initiative or on the application of a party to the proceedings or a barrister or solicitor or youth advocate representing the young person, amend a direction made or deemed to be made under paragraph (b)
2: On or before each of the dates fixed under subsection (1)(a)
a: a report setting out the results of the review; and
b: a revised plan in respect of the young person.
3: The report furnished to the Court under subsection (2)
a: state which of the objectives set out in the plan have been achieved and which of those objectives are yet to be achieved:
b: state, in respect of those objectives that are yet to be achieved, what action is required to achieve those objectives:
c: recommend, in respect of any order made by the Court under this Part in relation to the young person to whom the plan relates, whether that order should continue in force, or be varied, suspended, or discharged, and whether any condition of that order should be continued in force, or be varied, suspended, or discharged, and the reasons for those recommendations:
d: state, in respect of those persons who were required to be given a copy of the plan pursuant to section 191 (as applied by section 339), whether each of those persons agrees with the recommendations contained in the report.
4: The Court must consider a report furnished to it pursuant to subsection (2)
a: exercise, in relation to the order (if it remains in force), any of the powers set out in section 296E
b: if the Court considers the report furnished under subsection (2)
30: New headings and sections 297A and 297B inserted
The following headings and sections are inserted after section 297 Parenting education programme orders
297A: Written statements of terms, and how Court may respond to failures to comply
1: If an order under section 283(ja) section 340
2: If an order under section 283(ja)
a: the terms and conditions of the order:
b: possible consequences of a failure to comply with the order:
c: provisions for variation of the order:
d: rights of appeal against the order.
3: Subsection (4) section 283(ja)
4: The Court may direct a care and protection co-ordinator to convene a family group conference under Part 2 for the purpose of considering matters relating to the care or protection of every child or young person in the care of the person required by the order under section 283(ja)
5: The care and protection co-ordinator must comply with, and Part 2 applies with all necessary modifications to a conference convened in accordance with, a direction under subsection (4) Alcohol or drug rehabilitation programme orders
297B: Nature of programmes, who may consent to medical treatment, and related custody orders
1: Programme section 283(jc)
a: psychiatric, psychological, or similar counselling or therapy:
b: a medical, psychiatric, psychological, social, therapeutic, rehabilitative, or reintegrative programme with a focus on alcohol or drug issues.
2: No young person may receive or undergo any medical, psychiatric, or psychological examination or treatment that forms part of a programme that the young person is required by an order under section 283(jc)
3: The consent required by subsection (2)
a: by a parent or guardian (not being the chief executive) of the young person; or
b: if there is no such parent or guardian in New Zealand or no such parent or guardian can be found with reasonable diligence or is capable of giving consent, by a person in New Zealand who has been acting in the place of a parent; or
c: if there is no person in New Zealand who has been so acting, or if no such person can be found with reasonable diligence or is capable of giving consent, by a District Court Judge or the chief executive.
4: This subsection applies if the Court is satisfied that a programme that a young person is required by an order under section 283(jc)
5: If subsection (4) subsection (4)
6: The Court must not make an order under subsection (5)
7: A custody order under subsection (5)
31: Community work order
Section 298(1) , with the consent of the young person,
32: Sections 299 to 301 repealed
Sections 299 to 301
33: New section 307 substituted
Section 307
307: Supervision with activity order
1: If a charge against a young person is proved before a Youth Court, the Court may make an order placing the young person under the supervision of the chief executive, or of any person or organisation specified in the order, for a period not exceeding 6 months, and (subject to section 290A
a: that the young person attend and remain at, for any weekday, evening, and weekend hours each week and for any number of months the Court thinks fit, any specified centre approved by the department, and take part in any activity required by the person in charge of the centre:
b: that the young person undertake any specified programme or activity.
2: If the Court makes an order under subsection (1) section 283(k)
a: placing that young person under the supervision of the chief executive or such person or organisation as is specified in the order for such period (not exceeding 6 months) as the Court may specify; and
b: that must come into force on the expiry of the order made under subsection (1)
3: This subsection applies if the Court is satisfied that a programme or activity that a young person is required by a condition of an order under subsection (1)
4: If subsection (3) subsection (3)
5: The Court must not make an order under subsection (4)
6: A custody order under subsection (4)
34: New sections 308A to 308C inserted
The following sections are inserted after section 308
308A: Judicial monitoring of compliance with conditions of supervision or supervision with activity order
1: The Court may direct that a young person's compliance with 1 or more specified conditions of a supervision or supervision with activity order made in respect of a young person is to be monitored judicially at the times specified in the direction (or at any other replacement monitoring times the Court specifies) if—
a: the order is one made or varied by the Court after declaring under section 296B(3)
b: the order is one made by the Court under section 283 section 283 section 283(k)
c: the young person has previously been convicted of an offence in a District Court or the High Court and, as a result of the conviction, sentenced by a District Court or by the High Court to—
i: a community-based sentence (as defined in section 4(1) of the Sentencing Act 2002); or
ii: a sentence of home detention imposed under section 80A of the Sentencing Act 2002; or
iii: a sentence of imprisonment (as so defined).
2: The times specified in a direction under subsection (1)
a: at a time not later than 3 months after the date on which the direction was given; and
b: at least once every 3 months after that time.
3: The young person must be—
a: given or supplied the terms of the direction by a written statement under section 340
b: given reasonable written notice of any replacement times the Court specifies.
308B: Effect of judicial monitoring direction
1: A direction under section 308A
a: monitor the young person's compliance with the conditions that are the subject of the direction; and
b: review the young person's progress in achieving the goals of the plan prepared under section 335 in respect of the order the conditions of which are the subject of the direction.
2: The Court may, at any time during the duration of a direction under section 308A section 308A
3: If a young person does not appear in answer to a summons that has been served under this section, a Youth Court Judge or District Court Judge may direct that a warrant to arrest that young person and bring that young person before the Court be issued.
308C: Progress reports
1: If the Court has given a direction under section 308A
2: The written progress report must be furnished to the Court before the young person's compliance with those conditions is monitored judicially for the first time.
3: The progress report—
a: must contain information on the young person's compliance with those conditions and on his or her progress in achieving the goals of the plan prepared under section 335 in respect of the order the conditions of which are the subject of the direction; and
b: may contain any other information that the social worker considers relevant to the judicial monitoring of the young person's compliance with those conditions.
4: The social worker must prepare and furnish to the Court further progress reports at specified intervals of not less than 3 months if directed to do so by the Court. 2002 No 9 s 80ZJ .
35: Sections 309 and 310 repealed
Sections 309 310
36: New section 311 substituted
Section 311
311: Supervision with residence order
1: If a charge against a young person is proved before a Youth Court, the Court may make an order placing the young person in the custody of the chief executive for a period of not less than 3 months and not more than 6 months.
2: If a Youth Court makes an order under subsection (1) section 290A
2A: If a Youth Court makes an order under subsection (1)
a: adjourn the proceedings to a date before two-thirds of the period of the order under subsection (1)
b: make an order under section 283(k)
3: The order required by subsection (2A)(b) subsection (1)
a: the expiry of the order made under subsection (1)
b: the date on which the young person is released from the custody of the chief executive under section 314
4: The order required by subsection (2A)(b) subsection (3)(a) subsection (3)(b)
a: that the young person attend and remain at, for any weekday, evening, and weekend hours each week and for any number of months the Court thinks fit, any specified centre approved by the department, and take part in any activity required by the person in charge of the centre:
b: that the young person undertake any specified programme or activity:
c: that the young person reside at an address specified by the Court.
37: Effect of supervision with residence order
Section 312(3) under this Act
38: New section 314 substituted
Section 314
314: Court must in certain cases release young person from custody before expiry of supervision with residence order
1: The Court must release a young person from the custody of the chief executive pursuant to an order under section 311 section 311(1)
a: the young person has neither absconded nor committed any further offences; and
b: either the young person's behaviour and compliance with any obligations placed on the young person by the plan prepared under section 335 in respect of the order have been satisfactory or any misbehaviour and non-compliance of the young person have been minor; and
c: the young person has complied satisfactorily with any condition of the order that the young person undertake any specified programme or activity.
2: The chief executive must, as soon as practicable before the expiry of two-thirds of the period of that order, prepare for, and furnish to, the Court a report addressing the matters specified in subsection (1)(a) to (c)
39: Court may cancel supervision with residence order if young person absconds
1: Section 316(2)(a) 311(2) 311(2A)
2: Section 316
4: Subsection (2) is subject to section 289(3)
40: New heading and section 319A inserted
The following heading and section are inserted after section 319 Review of orders for periods of at least 8 months
319A: Orders must be reviewed
1: This section applies to an order only if the order is—
a: a mentoring programme order under section 283(jb)
b: an alcohol or drug rehabilitation programme order under section 283(jc)
c: a supervision order under section 311(2A)
2: After making an order to which this section applies, the Court—
a: must fix promptly a date (which must be not later than 6 months after the order comes into force, and before it expires) for review of the plan that was prepared in respect of the order in accordance with section 335 (the plan
b: may direct who is to review the plan (and if it does not make a direction, the person who prepared the plan is deemed to have been directed to review it under this paragraph); and
c: may, at any time, and either on its own initiative or on the application of a party to the proceedings or a barrister or solicitor or youth advocate representing the young person, amend a direction made or deemed to be made under paragraph (b)
3: On or before the date fixed under subsection (2)(a)
a: a report setting out the results of the review; and
b: a revised plan in respect of the young person.
4: The report furnished to the Court under subsection (3)
a: state which of the objectives set out in the plan have been achieved and which of those objectives are yet to be achieved:
b: state, in respect of those objectives that are yet to be achieved, what action is required to achieve those objectives:
c: recommend, in respect of any order made by the Court under this Part in relation to the young person to whom the plan relates, whether that order should continue in force, or be varied, suspended, or discharged, and whether any condition of that order should be continued in force, or be varied, suspended, or discharged, and the reasons for those recommendations:
d: state, in respect of those persons who were required to be given a copy of the plan pursuant to section 191 (as applied by section 339), whether each of those persons agrees with the recommendations contained in the report.
5: The Court must consider a report furnished to it pursuant to subsection (3)
a: exercise, in relation to the order (if it remains in force), any of the powers set out in section 296E
b: if the Court considers the report furnished under subsection (3)
41: Report to be made to Court on effectiveness of certain orders
1: Section 320
1A: If the Court makes a parenting education programme order under section 283(ja) section 283(jb) section 283(jc)
2: Section 320(2) section 296G section 283(k) or
3: Section 320(2) 311(2) 311(2A)
4: Section 320
4: Every report required by this section to be furnished to the Court in relation to an order must contain—
a: an assessment of the effectiveness of the order:
b: an assessment of the response to the order of the young person or, if the order is a parenting education programme order made under section 283(ja)
i: the responses to the order of the person in respect of whom the order was made; and
ii: if it is reasonably practicable to ascertain them, the responses to the order of every child or young person affected by the order (other than any young person in respect of whom the order was made):
c: if the order is a parenting education programme order made under section 283(ja) section 297A(4)
d: any other information the person who is required to furnish the report considers relevant.
42: Report by social worker
Section 334(2)
a: by inserting paragraph (ja) or paragraph (jb) or paragraph (jc) or make an order under
b: by inserting , or under section 296G section 283
43: Report to be accompanied by plan
Section 335(1)
a: by inserting paragraph (ja) or paragraph (jb) or paragraph (jc) or any order proposed to be made under
b: by inserting , or under section 296G section 283
44: Privilege for reports
Section 338 section 308C section 319A section 333
45: Access to reports and plans under this Part of this Act
1: Section 339(a) section 308C section 319A section 333
2: Section 339(b) section 319A section 335
46: New section 340 substituted
Section 340
340: Written statement of terms of certain orders to be given to young person
1: After making an order under paragraph (ja), (jb), (jc), (k), (l), (m), (n), or (o) of section 283 section 296G
a: the terms and conditions of the order (for example, in the case of an intensive supervision order under section 296G section 296J
b: if the young person's compliance with any of the conditions of the order is to be monitored judicially in accordance with a direction under section 308A
c: in the case of an order under section 283(n) or (o)
d: in the case of an intensive supervision order under section 296G section 296J
e: possible consequences of a failure to comply with the order:
f: provisions for variation of the order:
g: rights of appeal against the order or the finding on which the order was based.
2: However, subsection (1) section 283(ja)
3: The Court may for the purposes of subsection (1)
4: If it is not practicable to supply a written statement to the young person before the young person leaves the Court, the statement must be supplied to the young person, and to the barrister or solicitor or youth advocate representing that young person, as soon as practicable. 1985 No 120 s 58 .
47: Appeals from decisions of Youth Court by young person
Section 351
1A: For the purposes of subsection (1), an order made by the Court based on that finding includes, without limitation, an order varying, or made in substitution for, an earlier order made by the Court based on that finding.
48: Appeal by parents or guardians or other persons having care of young person
1: Section 352
ab: an order made under section 297B(5) section 283(jc)
ac: an order made under section 307(4) section 307(1)
ad: an intensive supervision order made under section 296G .
2: Section 352
e: an order made under section 283(ja)
49: Chief executive may place children and young persons in residences
Section 365
3: The chief executive must consider all reasonably practicable less restrictive alternative placements that may be available and appropriate for the child before exercising the power conferred by subsection (1) to place in a youth justice residence (as defined in subsection (4)
a: aged 12 or 13 years; and
b: charged with an offence of the kind specified in section 272(1)(b) or (c)
c: in respect of whom there is in force an order under section 238(1)(d) or 283(n)
4: Youth justice residence subsection (3) section 283(n)
5: This section is subject to section 312 (which requires the Court's approval for the placement in a residence, and for the transfer between residences, of a young person placed in the chief executive's custody by an order under section 311
50: Closing of residences and transfer of residents
Section 366
2: This section is subject to section 312 (which requires the Court's approval for the placement in a residence, and for the transfer between residences, of a young person placed in the chief executive's custody by an order under section 311
51: Person executing warrant to produce evidence of authority and identity
Section 445A or section 296C or section 205(2)(b)
52: Authority to use facsimile copy of warrant
Section 445B(2) 296C 205(2)(b),
53: Regulations
Section 447
ad: regulating the administration, management, and control of the residential component (within the meaning of section 290A .
54: New heading and section 456A inserted
The following heading and section are inserted after section 456 2010 Amendment Act
456A: Purpose and application
1: The purpose of Part 1 of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010
a: enable proceedings to be commenced under the Summary Proceedings Act 1957 against—
i: a child aged 12 or 13 years who is alleged to have committed an offence (other than murder or manslaughter) for which the maximum penalty available is or includes imprisonment for life or for at least 14 years; or
ii: a child aged 12 or 13 years who is alleged to have committed an offence (other than murder or manslaughter) for which the maximum penalty available is or includes imprisonment for at least 10 years but less than 14 years and who is a previous offender; and
b: require to be brought before a Youth Court to be dealt with in accordance with this Act, and provide certain protections for, a child of that kind against whom proceedings under the Summary Proceedings Act 1957 have been commenced for an offence of that kind; and
c: strengthen and expand the orders available to a Youth Court sentencing or otherwise dealing with a child or young person against whom a charge is proved before a Youth Court, including by ensuring that measures for dealing with offending address the causes underlying the offending.
2: A child aged 12 or 13 years is a previous offender for the purposes of subsection (1)(a)(ii) section 272(1A) or (1B) section 14(2) Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010
a: proved before a Family Court to have committed an offence for which the maximum penalty available is or includes imprisonment for life or for at least 10 years; or
b: convicted by the High Court of murder or manslaughter; or
c: convicted by a District Court or the High Court, as a result of an election of jury trial made in a Youth Court, of 1 or more offences (other than murder or manslaughter) for which the maximum penalty available is or includes imprisonment for life or for at least 14 years; or
d: proved before a Youth Court to have committed 1 or more offences (other than murder or manslaughter) for which the maximum penalty available is or includes imprisonment for life or for at least 14 years.
3: The amendments made by a provision of that Part apply only—
a: in respect of an offence committed or alleged to have been committed after the commencement of that provision; and
b: in accordance with subsection (4)
4: If the child or young person gives consent to its doing so, the Court may make an order, or exercise or perform any other authority, power, or function, under an amendment made by a provision of that Part in respect of an offence committed or alleged to have been committed before the commencement of that provision.
5: A reference in subsection (3) or (4) section 272(1A)(b) or (1B)(a), (b), or (c)
a: the offence is one of the kind specified in section 272(1)(c)
b: proceedings under the Summary Proceedings Act 1957 against the child for the offence have been or are to be commenced in accordance with section 272(1)(c)
2: Amendments to other enactments
55: Amendments to Criminal Investigations (Bodily Samples) Act 1995
1: This section amends the Criminal Investigations (Bodily Samples) Act 1995 2010-10-01 Criminal Investigations (Bodily Samples) Act 1995 Unless OIC before this date
2: Section 8
1A: However, a suspect may, in relation to an indictable offence, consent to the taking of a buccal sample as a result of a Part 2A request if the suspect is a child, or was a child, at the time the offence is alleged to have been committed, and cannot lawfully be prosecuted in relation to the offence because it is not an offence of any of the following kinds:
a: the offence of murder or manslaughter:
b: an indictable offence (other than murder or manslaughter)—
i: that is alleged to have been committed when the suspect was aged 12 or 13 years; and
ii: for which the maximum penalty available is or includes imprisonment for life or for at least 14 years:
c: an indictable offence (other than murder or manslaughter)—
i: that is alleged to have been committed when the suspect was aged 12 or 13 years, and was for the purposes of section 272(1)(c) section 272(1A) or (1B)
ii: for which the maximum penalty available is or includes imprisonment for at least 10 years but less than 14 years.
3: Section 18(1)
b: the suspect may lawfully be prosecuted for that offence (being, in the case of a suspect who is a child or was a child at the time the offence is alleged to have been committed,—
i: the offence of murder or manslaughter; or
ii: an offence (other than murder or manslaughter)—
A: that is alleged to have been committed when the suspect was aged 12 or 13 years; and
B: for which the maximum penalty available is or includes imprisonment for life or for at least 14 years; or
iii: an offence (other than murder or manslaughter)—
A: that is alleged to have been committed when the suspect was aged 12 or 13 years, and was for the purposes of section 272(1)(c) section 272(1A) or (1B)
B: for which the maximum penalty available is or includes imprisonment for at least 10 years but less than 14 years); and .
4: Section 23(1)
b: the respondent may lawfully be prosecuted for that offence (being, in the case of a suspect who is a child or was a child at the time the offence is alleged to have been committed,—
i: the offence of murder or manslaughter; or
ii: an offence (other than murder or manslaughter)—
A: that is alleged to have been committed when the respondent was aged 12 or 13 years; and
B: for which the maximum penalty available is or includes imprisonment for life or for at least 14 years; or
iii: an offence (other than murder or manslaughter)—
A: that is alleged to have been committed when the respondent was aged 12 or 13 years, and was for the purposes of section 272(1)(c) section 272(1A) or (1B)
B: for which the maximum penalty available is or includes imprisonment for at least 10 years but less than 14 years); and .
5: Section 24C
2: Every reference in this Part to an indictable offence for which a suspect who is or was a child at the time the offence was committed may not be lawfully prosecuted is a reference to an indictable offence other than—
a: the offence of murder or manslaughter; or
b: an offence (other than murder or manslaughter)—
i: that is alleged to have been committed when the suspect was aged 12 or 13 years; and
ii: for which the maximum penalty available is or includes imprisonment for life or for at least 14 years; or
c: an offence (other than murder or manslaughter)—
i: that is alleged to have been committed when the suspect was aged 12 or 13 years, and was for the purposes of section 272(1)(c) section 272(1A) or (1B)
ii: for which the maximum penalty available is or includes imprisonment for at least 10 years but less than 14 years.
56: Amendment to Criminal Justice Act 1985
1: This section amends the Criminal Justice Act 1985 2010-10-01 Criminal Justice Act 1985 Unless OIC before this date
2: Section 142A
1A: However, a child who is serving a sentence of imprisonment imposed before or after the commencement of this subsection may be detained under that sentence after that commencement only in any such residence.
1B: Subsection (1A)


1: Title
This Act is the Student Loan Scheme (Exemptions and Miscellaneous Provisions) Amendment Act 2010.
2: Commencement
1: Sections 4 26(1) 31 32
2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Student Loan Scheme Act 1992 2010-03-07 Student Loan Scheme Act 1992 except ss 4, 26(1) 2010-04-01 Student Loan Scheme Act 1992 ss 4, 26(1), 31, 32
1: Amendments to principal Act
4: Interpretation
Section 2(1) total interest rate total interest rate a% + 0.74% = y% where— a% is the average, rounded to the nearest 2 decimal places, of the monthly average 10-year government bond yield rates published by the Reserve Bank of New Zealand for the 5 years ending in December in the year that precedes the relevant tax year y% rounded to the nearest 1 decimal place, is the total interest rate for the relevant tax year.
5: Repayment obligation for New Zealand based borrowers
Section 14
2: However, if the borrower was overseas based for part of the relevant tax year, then (in calculating that borrower’s repayment obligation under subsection (1)) only the net income that the borrower derived during the period that the borrower was New Zealand based during that tax year must be taken into account.
3: Despite subsections (1) and (2)
6: Employer or PAYE intermediary to make repayment deductions
1: Section 19(1) , or the Commissioner has given a notice under section 20A under section 18
2: Section 19(2) or an increased repayment deduction rate
7: New section 20A inserted
The following section is inserted after section 20
20A: Standard deduction rate may be increased in certain circumstances
1: This section applies if—
a: the amount of a borrower's repayment deductions in the current tax year or in any tax year prior to the current tax year is, or was, less than the amount required under this Act; or
b: a borrower has failed to pay any amount that has become due and payable in accordance with this Act.
2: If this section applies, the Commissioner may, in relation to the borrower, issue an increased repayment deduction rate notice that—
a: varies the standard deduction rate by increasing it up to a maximum rate of 15 cents in each complete dollar; and
b: specifies the total amount payable by the borrower (which may include any penalties, interest, or other amount that has become due and payable); and
c: requires the borrower's employers to make repayment deductions at the increased rate until those repayment deductions equal the amount specified under paragraph (b)
3: If the Commissioner issues an increased repayment deduction rate notice, the Commissioner must send that notice, together with a notice that complies with section 18(2), directly to the borrower's employers.
4: The increased repayment deduction rate applies until the earlier of the date on which—
a: the repayment deductions made in accordance with the increased repayment deduction rate notice equal the amount specified in subsection (2)(b)
b: the Commissioner notifies the employer otherwise.
5: An increased repayment deduction rate notice issued in relation to a borrower under this section revokes—
a: any special repayment deduction rate certificate previously issued to that borrower; and
b: any notice previously given to an employer by that borrower in accordance with section 18.
6: The Commissioner must give a borrower a copy of any notice that is given to that borrower's employers under this section as soon as practicable after it is issued.
7: Nothing in this section limits the application of sections 53 to 55D.
8: Full interest write-off for certain borrowers
Section 38AA(1)(b) or section 38AJ , 38AJ, or 38AJA
9: Full interest write-off ceases if borrower is personally absent from New Zealand for 184 days
Section 38AC(5) or section 38AJ , 38AJ, or 38AJA
10: Power of Commissioner to grant exemptions to borrowers who do not satisfy 183-day requirement
1: Section 38AE(1)(b) that, at the time the borrower did that work, was charitable organisation
2: Section 38AE(1) ; or
g: the borrower was personally absent from New Zealand because he or she was in 1 or more of Niue, the Cook Islands, Tokelau, or the Ross Dependency.
3: Section 38AE
7A: The conditions in section 38AIA subsection (1)(g)
4: Section 38AE(8) (f) (g)
5: Section 38AE
9: Subsections (1)(g) and (7A)
11: Conditions to charitable organisation exemption
Section 38AEA recognised by the United Nations as a developing country listed on the Organisation for Economic Cooperation and Development’s list of countries receiving development assistance
12: Conditions to marriage, civil union, or de facto exemption
Section 38AI(d) ; or
iv: the applicant's partner satisfies the conditions in section 38AJA(4)
13: New section 38AIA inserted
The following section is inserted after section 38AI
38AIA: Conditions to Niue, Cook Islands, Tokelau, and Ross Dependency exemption
1: An applicant under section 38AE(1)(g)
a: provide proof that he or she—
i: was personally present in 1 or more of New Zealand, Niue, the Cook Islands, Tokelau, or the Ross Dependency for a period of 183 or more consecutive days after 31 March 2009 (a 183-day period
ii: was personally present in New Zealand, Niue, the Cook Islands, Tokelau, or the Ross Dependency for the first day of the 183-day period; and
iii: was not personally absent from New Zealand, Niue, the Cook Islands, Tokelau, and the Ross Dependency for a period, or periods in the aggregate, of more than 31 days during a period of what would otherwise have been a 183-day period; and
b: pay his or her repayment obligation in full when, or before, it falls due each tax year; and
c: provide the Commissioner with the information described in section 14A(2), and section 14A(3) and (4) apply accordingly.
2: In specifying under section 38AE(2) when, or the basis on which, an applicant under section 38AE(1)(g) New Zealand New Zealand (which includes Niue, the Cook Islands, Tokelau, and the Ross Dependency)
14: New section 38AJA inserted
The following section is inserted after section 38AJ
38AJA: Power of Commissioner to grant exemption to borrowers undertaking full-time overseas study
1: On the application of a borrower who does not satisfy the 183-day requirement in section 38AB, the Commissioner may, if the Commissioner considers that it is fair and reasonable to do so, grant an exemption to the 183-day requirement to that borrower if either subsection (2) or (3) applies.
2: This subsection applies if the principal reason that the borrower does not satisfy the 183-day requirement is that the borrower is undertaking study that—
a: the borrower is enrolled in with a New Zealand tertiary education provider; and
b: if it is completed successfully, will count towards a qualification offered by a New Zealand tertiary education provider; and
c: is assessed by the NZQA as being equivalent to level 7 or above on the New Zealand Register of Quality Assured Qualifications developed by the NZQA under section 253(1)(c) of the Education Act 1989; and
d: is full-time and undertaken overseas as part of either—
i: a formal exchange programme approved by the New Zealand Government; or
ii: a formal agreement between a New Zealand tertiary education provider and an overseas tertiary provider.
3: This subsection applies if the principal reason that the borrower does not satisfy the 183-day requirement is that the borrower is undertaking study that—
a: the borrower is enrolled in with a New Zealand tertiary education provider; and
b: if it is completed successfully, will count towards a qualification offered by a New Zealand tertiary education provider; and
c: is assessed by the NZQA as being equivalent to level 8 or above on the New Zealand Register of Quality Assured Qualifications developed by the NZQA under section 253(1)(c) of the Education Act 1989; and
d: is full-time and undertaken overseas; and
e: cannot be completed in New Zealand.
4: An applicant under subsection (1)
a: must provide the Commissioner with evidence from the applicant's New Zealand tertiary education provider verifying that the applicant's study meets the requirements of either—
i: subsection (2)(b), (c), and (d)(i) or (ii)
ii: subsection (3)(b) to (e)
b: must supply the Commissioner with all other information, and in the manner, that the Commissioner may reasonably require in order to establish whether the ground for the grant of an exemption under subsection (1)
c: must provide the Commissioner with the information specified in section 14A(2), and section 14A(3) and (4) apply accordingly.
5: If the Commissioner grants an exemption under subsection (1)
a: the start and end dates for the period for which the relevant borrower is treated as being personally present in New Zealand for the purposes of section 38AB; or
b: the conditions that must apply or be met in order for the relevant borrower to be treated as being personally present in New Zealand for the purposes of section 38AB.
6: In this section,— NZQA overseas tertiary provider
a: provides tertiary education or training; and
b: is based in a country other than New Zealand; and
c: is registered by an appropriate education authority in that country.
7: This section applies with effect from 31 March 2007.
15: Terms of full interest write-off
Section 38AK(2)(a)(ii) or section 38AE(2) or section 38AJ(3) , 38AE(2), 38AJ(3), or 38AJA(5)
16: New section 38AM inserted
The following section is inserted after section 38AL
38AM: Full interest write-off for quick repayment of loan balance
1: This section applies to a borrower who—
a: satisfies the 183-day requirement in section 38AB(1) and (2); and
b: fully repays his or her loan balance before the end of the 183-day period.
2: The amount of interest calculated on the loan balance of a borrower to whom this section applies must be reduced to zero for the period—
a: beginning on the first day of the 183-day period; and
b: ending on the day on which the borrower fully repays his or her loan balance.
3: This section applies with effect from 31 March 2006.
17: Late payment penalties
Section 44(1)(d) . ; or
18: Power of Commissioner in respect of small amounts
Section 51(3)(a) $333 $334
19: Borrowers may apply for hardship relief
Section 54(1)
a: hardship relief for any tax year prior to the current tax year: .
20: Sections 55 to 55B substituted
Sections 55 to 55B
55: Hardship relief for any tax year prior to current tax year
1: If an application is made under section 54(1)(a)
a: is satisfied that payment of that repayment obligation is causing, or would cause, serious hardship to the borrower; or
b: considers that there are other special reasons that make it fair and reasonable to do so.
2: Except as set out in section 55A
55A: Hardship relief for tax year immediately prior to current tax year may include refund
1: If an application is made under section 54(1)(a)
a: is satisfied that payment of that repayment obligation is causing, or would cause, serious hardship to the borrower; or
b: considers that there are other special reasons that make it fair and reasonable to do so.
2: If the Commissioner refunds any amount to a borrower under subsection (1)
a: retrospectively decrease that borrower's repayment obligation for the relevant tax year; and
b: refund the whole or part of the portion of the repayment obligation that is the difference in assessment amounts.
3: A refund that is made under this section must be made in the manner required under section 184A of the Tax Administration Act 1994.
55B: Hardship relief for current tax year or next tax year
1: If an application is made under section 54(1)(b) or (c), the Commissioner may, for any period the Commissioner considers equitable, reduce any amount that must be deducted or paid in order to meet the repayment obligation assessed or to be assessed for the current tax year or the next tax year if the Commissioner—
a: is satisfied that the amount being deducted or paid, or to be deducted or paid, has caused or will cause serious hardship to the borrower; or
b: considers that there are other special reasons that make it fair and reasonable to do so.
2: If the Commissioner reduces the amount to be deducted or paid by a borrower under subsection (1)
a: issue to that borrower a special repayment deduction rate certificate that varies the standard deduction rate in accordance with the Commissioner's decision under subsection (1)
b: reduce the percentage payable by that borrower under section 27(1) in accordance with the Commissioner's decision under subsection (1)
c: reduce that borrower's repayment obligation under section 34 in accordance with the Commissioner's decision under subsection (1)
3: If the Commissioner reduces the amount to be deducted from, or paid by, a borrower to zero, section 18 does not apply to that borrower for the period for which that reduction applies.
4: If a borrower has given his or her employer notice in accordance with section 18 and the Commissioner subsequently reduces the amount to be deducted from, or paid by, a borrower to zero, the borrower must give a copy of the special repayment deduction rate certificate to his or her employer as soon as practicable after it is issued.
5: Section 24F of the Tax Administration Act 1994 applies, with all necessary modifications, to any special repayment deduction rate certificate issued under this section.
21: Effect of Commissioner's decision under section 55
1: The heading to section 55C section 55 section 55, 55A, or 55B
2: Section 55C(1) section 55 section 55, 55A, or 55B
22: Borrowers must inform Commissioner of change of circumstances and Commissioner may review
Section 55D(1)(b) section 55 section 55, 55A, or 55B
23: Excess repayments made by residents
The heading to section 56 residents borrowers
24: Cancellation of interest if IRD loan balance repaid early
Section 60A(1)(b) 15 30
25: Objection to decision concerning grant of exemption
1: Section 65A(a) or section 38AJ , 38AJ, or 38AJA
2: Section 65A(b) section 38AF, 38AG, 38AH, 38AI, or 38AJ(2) section 38AEA, 38AF, 38AG, 38AH, 38AI, 38AIA 38AJA(4)
3: Section 65A(c) or section 38AJ(3)(a) , 38AJ(3)(a), or 38AJA(5)(a)
4: Section 65A(d) or section 38AJ(3)(b) , 38AJ(3)(b), or 38AJA(5)(b)
26: Regulations
1: Section 87(1)(ab) and (ac)
2: Section 87(1)(b)
3: Section 87(4) or subsection (1)(ac) or subsection (1)(b) of this section
2: Consequential amendments to, and revocations of, other enactments
Consequential amendments to other enactment
27: Amendments to Tax Administration Act 1994
Sections 28 29 Tax Administration Act 1994 2010-03-07 Tax Administration Act 1994
28: Annual returns of income not required
1: Section 33A(1)(g) ; and
2: Section 33A(1)(h) and (i)
29: Officers to maintain secrecy
Section 81(4)(g) , (2AA), Consequential revocations of other enactments
30: Student Loan Scheme (Income Amount for Full Interest Write-off) Regulations 2005 revoked
The Student Loan Scheme (Income Amount for Full Interest Write-off) Regulations 2005 2010-03-07 Student Loan Scheme (Income Amount for Full Interest Write-off) Regulations 2005
31: Student Loan Scheme (Interest Rates Formulas) Regulations 2006 revoked
The Student Loan Scheme (Interest Rates Formulas) Regulations 2006 2010-04-01 Student Loan Scheme (Interest Rates Formulas) Regulations 2006
32: Student Loan Scheme (Total Interest Rate) Regulations 2009 revoked
The Student Loan Scheme (Total Interest Rate) Regulations 2009 2010-04-01 Student Loan Scheme (Total Interest Rate) Regulations 2009


1: Title
This Act is the Appropriation (2008/09 Financial Review) Act 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purposes
The purposes of this Act are to—
a: confirm financial matters relating to the financial year ended 30 June 2009; and
b: validate other financial matters relating to the financial year ended 30 June 2009 and previous financial years.
4: Interpretation
In this Act, unless the context otherwise requires, the terms capital expenditure department expenses financial year other expenses output expenses outputs Vote section 2(1)
5: Confirmation of Order in Council directing transfer of amounts between output expense appropriations
The Public Finance (Transfers Between Outputs) Order 2009 2010-03-23 Public Finance (Transfers Between Outputs) Order 2009 This just requires a history note to go under the commencement provision saying the Order has been confirmed (include in End notes also).
6: Confirmation of expenses incurred in excess of existing appropriations and approved by Minister of Finance
1: The incurring of expenses approved by the Minister of Finance under section 26B
2: The expenses are the expenses incurred in excess, but within the scope, of the existing appropriations set out in column 3 of Schedule 1
3: The approved expenses are shown in each case in column 4 of Schedule 1
7: Validation of unappropriated expenses and capital expenditure
1: The incurring of expenses and capital expenditure by a department in the circumstances set out in subsection (2) is validated.
2: The circumstances are that for the financial year ended 30 June 2009, the department incurred—
a: expenses in excess of the existing appropriations set out in column 3 of Schedule 2
b: expenses or capital expenditure without appropriation, or other authority, by or under an Act (as specified in column 4 of Schedule 3 column 3 of Schedule 3
3: In this section,— capital expenditure Schedule 3 department column 1 Schedule 2 3 expenses Schedule 2 Schedule 3
8: Validation of expenses incurred in respect of Vote Māori Affairs
1: The incurring of expenses by Te Puni Kōkiri in the circumstances set out in subsection (2) is validated.
2: The circumstances are that for the financial year ended 30 June 2008, Te Puni Kōkiri incurred expenses of $13,000 for the management of land administered under Part 2
9: Validation of expenses incurred in respect of Vote Transport
1: The incurring of expenses by the Ministry of Transport in the circumstances set out in subsection (2)
2: The circumstances are that—
a: the Ministry of Transport incurred expenses of—
i: $7,000 for the financial year ended 30 June 2005; and
ii: $14,000 for the financial year ended 30 June 2006; and
iii: $14,000 for the financial year ended 30 June 2007; and
iv: $14,000 for the financial year ended 30 June 2008; and
b: each of those amounts was outside the scope of the existing appropriation International Memberships in Vote Transport.
10: Validation of expenses incurred in respect of Vote Treaty Negotiations
1: The incurring of expenses by the Ministry of Justice in the circumstances set out in subsection (2)
2: The circumstances are that for the financial year ended 30 June 2008, the Ministry of Justice incurred expenses of $1,026,000 outside the scope of the existing appropriation Historical Treaty of Waitangi Settlements in Vote Treaty Negotiations.
11: Validation of departmental net asset holding
1: The excess amount of net asset holding described in subsection (2)
2: The excess amount of net asset holding is the amount of net asset holding, as set out in column 3 of Schedule 4
3: In this section,— department Schedule 4 most recent projected balance of net assets
a: at the time when that projected balance was exceeded; and
b: as set out in column 2 of Schedule 4


1: Title
This Act is the District Courts (District Court Judges) Amendment Act 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the District Courts Act 1947 2010-03-23 District Courts Act 1947 District Court Judges
4: Appointment and qualifications
Section 5(2) 140 156


1: Title
This Act is the Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 2010-03-23 Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 Deputy Commissioner
4: Interpretation
1: Section 5 Deputy Commissioner section 8A .
2: Section 5 Judicial Conduct Commissioner Commissioner Judicial Conduct Commissioner Commissioner
a: means a Judicial Conduct Commissioner appointed under section 7
b: in sections 11 to 20 34 clauses 7, 9, and 10 of Schedule 2 .
5: Heading above section 7 amended
The heading above section 7 and Deputy Judicial Conduct Commissioner
6: Functions and powers
1: The heading to section 8 of Commissioner
2: Section 8
1A: In carrying out his or her functions in relation to a complaint, the Commissioner may decide that he or she has a conflict of interest in relation to the complaint.
1B: The functions of the Commissioner—
a: must not be carried out by the Commissioner if they relate to a complaint in relation to which the Commissioner has decided that he or she has a conflict of interest; and
b: are not carried out by the Commissioner in relation to any complaints in the situations specified in section 8B(1)(b)(i) and (ii).
1C: The Commissioner must refer promptly to the Head of Bench a complaint—
a: referred to the Commissioner by the Deputy Commissioner under section 8B(4); and
b: in relation to which the Commissioner has decided that he or she has a conflict of interest.
7: New sections 8A and 8B inserted
The following sections are inserted after section 8
8A: Deputy Judicial Conduct Commissioner
1: An office called the Deputy Judicial Conduct Commissioner is established.
2: The Deputy Commissioner is appointed by the Governor-General on the recommendation of the House of Representatives.
3: Before a recommendation may be made under subsection (2)
4: A person is not to be regarded as being employed in the service of the Crown for the purposes of the State Sector Act 1988 or the Government Superannuation Fund Act 1956 solely because of his or her appointment as the Deputy Commissioner.
8B: Function and powers of Deputy Commissioner
1: The function of the Deputy Commissioner is to carry out the functions of the Commissioner in relation to the following complaints (and no others):
a: complaints (other than those that the Deputy Commissioner has referred to the Commissioner under subsection (4)
b: complaints of any kind in 1 or more of the following situations:
i: during the absence from office of the Commissioner:
ii: if the Commissioner is incapacitated in a way that affects the carrying out of his or her functions:
iii: during a vacancy in the office of Commissioner.
2: In carrying out his or her function in relation to a complaint, the Deputy Commissioner may decide that he or she has a conflict of interest in relation to the complaint.
3: After deciding that he or she has a conflict of interest in relation to a complaint, the Deputy Commissioner must—
a: not carry out his or her function in relation to the complaint; and
b: promptly refer the complaint to the Head of Bench (unless the Deputy Commissioner refers the complaint to the Commissioner as soon as practicable under subsection (4)
4: The Deputy Commissioner may refer a complaint to the Commissioner as soon as practicable (instead of referring it promptly to the Head of Bench under subsection (3)(b)
a: is carrying out the Commissioner's functions in relation to the complaint in 1 or more of the situations specified in subsection (1)(b)(i) to (iii)
b: decides that he or she has, in relation to the complaint, a conflict of interest; but
c: believes on reasonable grounds, after consulting the complainant (if any), that the Commissioner is likely to be able to begin to deal with the complaint within a reasonable time.
5: The Deputy Commissioner has all the powers necessary for carrying out his or her function.
6: The fact that the Deputy Commissioner carries out a function or exercises a power is, in the absence of proof to the contrary, sufficient evidence of the Deputy Commissioner’s authority to do so.
8: Duty to act independently
Section 9
2: The Deputy Commissioner must act independently in carrying out his or her function.
9: Other provisions relating to Commissioner
1: The heading to section 10 and Deputy Commissioner
2: Section 10 and the Deputy Commissioner
3: Part 1 of Schedule 2 Schedule 1 Disposal of complaints
10: Commissioner must conduct preliminary examination
1: Section 15(1)
a: there are any grounds for exercising his or her power under section 15A
b: there are any grounds for dismissing the complaint under section 16; or
c: the subject matter of the complaint, if substantiated, could warrant referral of the complaint to the Head of Bench under section 17; or
d: the subject matter of the complaint, if substantiated, could warrant consideration of the removal of the Judge from office by way of a recommendation under section 18.
2: Section 15(5)
aa: exercise his or her power to take no further action in respect of the complaint ( section 15A .
3: Schedule 1 Schedule 2
11: New section 15A inserted
The following section is inserted after section 15
15A: Commissioner’s power in certain circumstances to take no further action in respect of complaints
1: The Commissioner may take no further action in respect of a complaint if satisfied that further consideration of the complaint would, in all the circumstances, be unjustified.
2: Reasons why further consideration of a complaint would, in all the circumstances, be unjustified, may be or include all or any of the following that apply to the complaint:
a: that the complaint has been resolved to the complainant’s satisfaction following an explanation from the Judge who is the subject of the complaint:
b: that the complaint is genuine and made in good faith, but is based on a misunderstanding:
c: that the complaint is one in respect of which the Commissioner, having started the preliminary examination required by section 15, concludes that there is no reasonable prospect of there being available to him or her information that would enable him or her to form an opinion on the matters specified in section 15(1)(b), (c), and (d)
3: The fact that a complaint has been resolved to the complainant’s satisfaction because of an apology by the Judge who is the subject of the complaint is not, by itself, a reason why further consideration of a complaint would, in all the circumstances, be unjustified.
4: Subsection (2) subsection (1)
5: If the Commissioner exercises his or her power under this section to take no further action in respect of a complaint, he or she must give the complainant and the Judge who is the subject of the complaint written notification stating—
a: that the Commissioner has exercised that power; and
b: the grounds on which he or she is satisfied that further consideration of the complaint would, in all the circumstances, be unjustified.
12: Commissioner must dismiss complaints that fail to meet required threshold
1: Section 16(1)
i: he or she has considered or previously considered the subject matter of the complaint, and that subject matter could not, if substantiated, warrant either referral to the Head of Bench under section 17 or consideration of the removal of the Judge from office by way of a recommendation under section 18.
2: Section 16
1A: The Commissioner has previously considered the subject matter of the complaint for the purposes of subsection (1)(i) if he or she has exercised his or her power under section 15A
1B: Subsection (1A)
13: Commissioner’s power to refer complaints to Head of Bench
Section 17(1)
a: exercises his or her power under section 15A
b: dismisses the complaint under section 16; or
c: recommends under section 18 that a Judicial Conduct Panel be appointed. Savings provision
14: New heading and new section 36 inserted
The following heading and section are inserted after section 35 Savings provision
36: Amendments do not apply to certain complaints
Complaints made before the commencement of the Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 must be dealt with as if that Act had not been enacted. Related amendments to other Acts
15: Coroners Act 2006 amended
1: This section amends the Coroners Act 2006
2: Section 113(2) or the Deputy Commissioner the Commissioner 2010-03-23 Coroners Act 2006
16: Official Information Act 1982 amended
1: This section amends the Official Information Act 1982
2: Paragraph (l)(i) of the definition of official information section 2(1) the Deputy Judicial Conduct Commissioner, the Judicial Conduct Commissioner,
3: Section 2(6)(f) , the Deputy Judicial Conduct Commissioner, the Judicial Conduct Commissioner 2010-03-23 Official Information Act 1982


1: Title
This Act is the Judicature (Judicial Matters) Amendment Act 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Judicature Act 1908 2010-03-23 Judicature Act 1908 Higher duties allowance for High Court Judges serving on Court of Appeal
4: Salaries and allowances of Judges
1: Section 9A(1)
ba: a higher duties allowance payable and calculated in accordance with subsection (1A)
2: Section 9A
1A: The higher duties allowance under subsection (1)(ba)
a: payable only to a Judge who—
i: is or was not a Judge of the Court of Appeal holding office under section 57(2) (in this subsection called a permanent Judge
ii: is or was under sections 58A to 58C or section 58F serving as a member of a criminal or civil division, or as a member of the Full Court, of the Court of Appeal; and
b: payable only in respect of periods of the Judge's service as a member of the division or Full Court; and
c: calculated at a rate expressed per day of service as a member of the division or Full Court in accordance with the following formula: (a − b) × c/d where— a is the applicable yearly rate of salary determined by the Remuneration Authority to be payable to a permanent Judge b is the applicable yearly rate of salary determined by the Remuneration Authority to be payable to a Judge who is not a permanent Judge c is 0.0383561 (the standard payroll factor, which represents the proportion of an annual salary that is paid per fortnight) d is 10 (the number of working days per fortnight).
3: Section 9A(5) the payment of salary and allowances on a pro-rata basis under subsection (4) is not neither the cessation of the payment of a higher duties allowance payable and calculated under subsections (1)(ba) and (1A)
4: Section 11A(3) shall also be paid must also be paid the higher duties allowance payable and calculated under section 9A(1)(ba) and (1A)
5: Allowances paid previously
1: This section applies to higher duties allowances paid out of public money before the commencement of this section to Judges who, for the periods in respect of which the allowances were paid,—
a: were not Judges of the Court of Appeal holding office under section 57(2)
b: were under sections 58A to 58C section 58F
2: Those allowances must be taken to be, and to always have been, as authorised and valid as allowances calculated, appropriated, and paid in accordance with sections 9A 11 11A section 4 Associate Judges of High Court
6: Appointment of Associate Judges
Section 26C(2) 6 9 Court of Appeal Judges
7: Constitution of Court of Appeal
Section 57(2)(b) 8 9