Youth Court Decisions How to Use Full list of key titles CYPFA section Date

Police v L & G (11 July 1990) YC, Wellington, Carruthers DCJ

Name: Police v L & G
Unreported
File number:
Date: 11 July 1990
Court: Youth Court
Location: Wellington
Judge: Carruthers DCJ
Charge: Theft, Burglary
CYPF Act: s281
Key Title: Family Group Conferences - Attendance; Family Group Conference - Convene/held

Summary: Whether FGC has been held when young person’s family refuse to attend and whether Youth Court has jurisdiction if family have refused to attend the FGC. Properly convened FGC is an essential statutory step and a pre-requisite to the Court having jurisdiction; the question is whether s281 has been complied with and whether FGC has had an opportunity to consider ways in which the Court might deal with the young person. In re A Child CYPF 1/89 (1989) 6 FRNZ 44, where Judge Mahony held that an FGC cannot be said to have been held without family members present, distinguished.

Held: The convening of the conference as required by the Act and giving family members the opportunity to attend is sufficient compliance with the requirements of s281 and sufficient to found jurisdiction in the Youth Court. Attendance cannot be compelled.

Judge Carruthers stressed that co-ordinators must nevertheless invite family members and make wide enquiries to ensure immediate and wider family are present. A FGC includes people other than family members but family is at its core.

Decision: Warrant to compel both L & G’s attendances.