This session was originally recorded on 26 February 2021.

The Youth Justice system in New Zealand has always been pioneering, and following amendments to the Oranga Tamariki Act in July 2019 practitioners in the Youth Justice space have even more tools at their disposal when working with rangatahi.

It is a brave, exciting, new world and a time to make the most of what the Act, the Convention and the Treaty offer.

The Youth Court is a specialist jurisdiction, requiring Youth Advocates to have special characteristics in order to be appointed, and special skills to do their work in addition to their legal skills.

This conference will give an overview of the Youth Justice System and focus on the function and procedures in the courtroom.

Topics:

The Youth Court

His honour Judge FitzGerald and Her honour Judge Otene

This session will provide:

• An overview of the NZ Youth Justice system and the Youth Courts place in it.
• A summary of the major challenges facing the court and the action currently being taken to meet them.
• A discussion about the tools now available under the Oranga Tamariki Act to achieve better outcomes.

Family group conferences

Dana George, Barrister and Youth Advocate

Amosa Samuelu, Auckland City Youth Justice Co-ordinator

• A summary of the various types of Family Group Conferences that Youth Advocates may be expected to attend in their role.
• This session will address the legislation underlying Family Group Conferences, the way Family Group Conferences are run, outcomes, Family Group Conference Reports and best practices.
• This session aims to assist Youth Advocates to make the most of the Family Group Conference process in achieving good outcomes for their rangatahi.

Maggie Winterstein, Barrister & Youth Advocate

Gary Earley, Barrister

This session will focus on:

• When can a youth be arrested and their legal rights.
• Remand, residential and bail options in the Youth Court.
• The interviewing of youths and the taking of DNA evidence by Police.

Disposition – sentencing

Renee Karena, Barrister & Youth Advocate

Judith Malcolm, Barrister & Youth Advocate

• Disposition and sentencing options under sections 282 and 283 of the Oranga Tamariki Act will be considered, along with the factors that need to be taken into account when sentencing a young person.

The recent section 282 appeal to the High Court (HK v NZ Police NZHC [2019] 3346) will be discussed. We will also consider the impact last year’s law changes have had on disposition, and the ways the amendments are being reflected in practice.

This will include a review of the recent decisions and in particular the use of the UN Convention of the Rights of a Child, and the Treaty of Waitangi.

Who should view?

This conference is aimed at lawyers who would like to practise as Youth Advocates. It is also a useful refresher for those already practising in this area of law.

Learning Outcomes

• Update your knowledge of the Youth Justice System.
• Learn more about the procedures and the function in the courtroom.
• Gain practical and useful insights into how the process works and what can be done to enhance your effectiveness.

Presenter Details

His Honour Judge FitzGerald
Her Honour Judge Otene
Kate Leys
Maggie Winterstein
Renee Karena
Judith Malcolm
Amosa Samuelu
Gary Earley