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

Police v Z (13 May 2004) DC, Wanganui, CRN 3283017416 & ors, Callinicos DCJ

Name: Police v Z
Unreported
File number: CRN 3283017416; 3219030734; 2219039567; 3219030735
Date: 13 May 2004
Court: District Court
Location: Wanganui
Judge: Callinicos DCJ
CYPFA: s283(f)
Charge: Theft, Assault
Key Title: Reparation;  Victim; Custody - CYFS

Summary: N (15) in custody of Chief Executive of CYFS pursuant to CYPFA s101; N charged with theft and assault; charges proved by admission at FGC; N received a s282(1) discharge. In one incident, N had bitten a security trainee and that victim sought reparation of $100; whether Court has jurisdiction to make a reparation order in favour of victim and whether such order appropriate. CYPFA, s283(f) relating to reparation by young person or by "parent" or "guardian" of young person discussed: reparation only for "emotional harm" or "loss of or damage to property"; query whether "emotional harm" in this case as $100 likely to be for medical bills. Held: Cannot make a reparation order against N herself due to her age; cannot make a reparation order against the Chief Executive of CYFS: CYFS is N’s custodian under s101, not her parent. CYFS not N’s guardian unless s110 order made (no such order made here); protection against tortious liability exists under s394 CYPFA in any event. Order against parents a possibility.

Decision: No reparation order made against N or CYFs.