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

Police v H (27 January 1999) YC, Hamilton, CRN 80219027561; 8219027567, Twaddle DCJ

Name: Police v H
Unreported
File number: CRN 80219027561; 8219027567
Date: 27 January 1999
Court: Youth Court
Location: Hamilton
Judge: Twaddle DCJ
CYPFA: s245
Charge:
Key Title: Family Group Conferences - Attendance; Family Group Conferences - Convened/Held 

Summary: Jurisdiction of Court challenged on grounds that s245 CYPFA as to FGC not complied with. YJC unsuccessful in contacting H’s mother despite many attempts; statement from victim’s father obtained; YJC could not contact victim; YJC set FGC date but only YJC and Youth Aid Officer present at FGC; YJC did not adjourn conference but laid Informations in the YC; s245 CYPFA; s2 CYPFA definition of "convene"; s250 and s251 CYPFA; whether matter "considered" by FGC pursuant to s245(1)(c): Re a Child (1989) 6 FRNZ 44 considered; Police v BM (1993) 11 FRNZ 29 distinguished; s4(f) CYPFA; reasoning in Police v L & G (11 July 1990) YC, Wellington, Carruthers DCJ adopted although that case dealt with s281 CYPFA - reasoning of Carruthers DCJ equally applicable to s245. Held: H and his mother given every opportunity to attend, they failed or refused; YJC and Youth Aid Officer properly present at Conference and they considered the matter and decided that Informations should be laid in Court; s4(f) should be upheld.

Decision: FGC properly convened and properly considered the matters in terms of s245(1)(c) CYPFA.