Oranga Tamariki Act 1989, Section 208

Question 1

Where is Section 208 of the Oranga Tamariki Act 1989 located within the Act?

Answer 1

Part 4: Youth Justice

Question 2

How many sub-sections are there under Section 208?

Answer 2

Two.

Question 3

What does sub section (1), Section 208 (Principles) of the Act relate to?

Answer 3

(1) A Court or person exercising powers under the Part, Part 5, or sections 315 to 360 must weigh the 4 primary considerations described in Section 4A(2).

Question 4

What are the 4 primary considerations when a Court or Person exercises their powers under Section 4A(2)?

Answer 4

1. The well-being and best interests of the C or YP; and
2. The public interest; and
3. The interests of any victim; and
4. The accountability of the C or YP for their behaviour.

Question 5

Explain sub-section (2) and (2)(a) of Section 208 relate to?

Answer 5

(2) When weighing those 4 primary considerations, the Court or Person must be guided by, in addition to the principles in Section 5, the following principles:
(a) that, unless the PUBLIC INTEREST requires otherwise, criminal proceedings SHOULD NOT BE INSTITUTED AGAINST a CYP if there is an alternative means of dealing with the matter.

Question 6

Explain sub-section (2) and (2)(b) of Section 208 relate to?

Answer 6

(2) When weighing those 4 primary considerations, the Court or Person must be guided by, in addition to the principles in Section 5, the following principles:

(b) that criminal proceedings should not be instituted against a CYP in order to provide ANY ASSISTANCE or SERVICES needed to advance the well-being of:
- the CYP, or
- their family
- whanau
- hapu, or
- family group

Question 7

Explain sub-section (2) and (2)(c) of Section 208 relate to?

Answer 7

(2) When weighing those 4 primary considerations, the Court or Person must be guided by, in addition to the principles in Section 5, the following principles:

(c) that any measures for dealing with offending by CYP should be designed -
(i) To STRENGTHEN the family, whanau, hapu, iwi, and family group of the CYP concerned; and
(ii) To FOSTER the ability of families, whanau, hapu, iwi, and family groups to DEVELOP their own means of dealing with offending by their CYPs:

Question 8

Explain sub-section (2) and (2)(d) of Section 208 relate to?

Answer 8

(2) When weighing those 4 primary considerations, the Court or Person must be guided by, in addition to the principles in Section 5, the following principles:
(d) that a CYP who commits an offence or is alleged to have committed an offence should be kept in the community so far as that is practicable and consonant with the need to ensure the safety of the public

Question 9

Explain sub-section (2) and (2)(e) of Section 208 relate to?

Answer 9

(2) When weighing those 4 primary considerations, the Court or Person must be guided by, in addition to the principles in Section 5, the following principles:

(e) that a CYP’s AGE is a mitigating factor in determining -
(i) Whether or not to impose sanctions in respect of offending by a CYP; and
(ii) The NATURE of any such sanctions

Question 10

Explain sub-section (2) and (2)(f) of Section 208 relate to?

Answer 10

(2) When weighing those 4 primary considerations, the Court or Person must be guided by, in addition to the principles in Section 5, the following principles:

(f) that any sanctions imposed on a CYP who commits an offence should -
(i) Take the form most likely to maintain and promote the development of the CYP within [their] family, whanau, hapu, and family group; and
(ii) Take the LEAST RESTRICTIVE form that is appropriate in the circumstances

Question 11

Explain sub-section (2) and (2)(fa) of Section 208 relate to?

Answer 11

(2) When weighing those 4 primary considerations, the Court or Person must be guided by, in addition to the principles in Section 5, the following principles:
(fa) that any measures for dealing with offending by a CYP should so far as it is practicable to do so ADDRESS THE CAUSES underlying the CYP’s offending:

Question 12

Explain sub-section (2) and (2)(g) of Section 208 relate to?

Answer 12

(2) When weighing those 4 primary considerations, the Court or Person must be guided by, in addition to the principles in Section 5, the following principles:
(g) that -
(i) in the determination of measures for dealing with offending by CYP, 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:

Question 13

Explain sub-section (2) and (2)(h) of Section 208 relate to?

Answer 13

(2) When weighing those 4 primary considerations, the Court or Person must be guided by, in addition to the principles in Section 5, the following principles:
(h) that the vulnerability of CYP entitles a CYP to SPECIAL PROTECTION during any investigation relating to the COMMISSION or possible commission of an offence by that CYP.