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Overview
This page explains what the Youth Court is, how it fits into the youth justice system, and how you can access support as a victim-survivor.
About Youth Court
Most youth justice cases are worked out through a Family Group Conference.
This helps encourage accountability and supports the child or young person to make things right.
If things can’t be resolved through a Family Group Conference, the case may go to the Youth Court or Family Court.
Youth Court mainly deals with rangatahi (young people) aged 14 to 17 at the time of the alleged offending and sometimes children aged 12 to 13.
Family Court is different from Youth Court. It focuses on the care and protection of children.
Children aged 10 to 13 may be referred to the Family Court if their offending raises serious concerns about their wellbeing.
Children under the age of 10 can’t be charged with an offence.
Rangatahi and Pasifika courts
Young people also have the option to have their case heard in Rangatahi Courts - Ngā Kōti Rangatahi or Pasifika Courts if they have admitted the charges against them.
These operate in the same way as Youth Court but are held on marae, Pacific churches or community centres, and follow cultural practices for Māori and Pacific peoples.
There are 15 Rangatahi Courts around the country, and two Pasifika Courts in Auckland.
Rangatahi Courts & Pasifika Courts | Youth Court of New Zealand(external link)
How the Youth Court fits into the youth justice system
When a child or young person commits an offence, they can be referred to the youth justice system.
This means Oranga Tamariki - Ministry for Children, New Zealand Police - Ngā Pirihimana o Aotearoa, and other professionals, work together to make sure children and young people are held accountable when they break the law.
In most cases, police will handle youth offending at a community level. This may be by asking the child or young person to apologise, pay for any damage they caused, do community service or take part in a community project.
Family Group Conferences
The youth justice system aims for most decisions to be made through Family Group Conferences. This is to encourage accountability and rehabilitation.
If a conference doesn’t resolve the matter, the case will be referred to the Youth Court judge. If the child or young person disagrees with the charge against them, this is called denying the charge. If this happens, the judge will set a date for a court hearing where the case is decided.
At the hearing:
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police will present evidence
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witnesses may be asked to speak
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the judge will decide whether the offence has been proved.
If the judge decides the offence is proved, the child or young person may be referred to a Family Group Conference, or the case may move to sentencing to decide what happens next.
The Youth Court of New Zealand
For more serious offending, children and young people may be referred to a Youth Justice Family Group Conference.
Family Group Conferences are a formal process for dealing with youth offending, and the main way you can have a say in what happens. They bring together the child or young person, their family and whānau, and professionals such as police and Oranga Tamariki.
You have the right to attend if you choose. Taking part can give you a chance to share how you’ve been affected and what you would like to happen next.
Custody and bail
While the case is being decided, the child or young person may be released on bail or remanded in custody – they may be held in a youth justice residence, another secure facility, in a supervised home in the community, or placed with an approved caregiver.
For more information on bail, visit Understanding bail.
Youth Court orders
Youth Court orders are usually made when the offending is more serious, or when earlier interventions haven’t worked.
There are different types of orders the court can make:
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Less restrictive responses
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discharge without further penalty
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a warning from the court
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Financial and practical orders
The court may require a young person to:
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return to court within 12 months if needed
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pay a fine if they are able to
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help pay court costs - or their parent/caregiver may need to pay if they’re under 16
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pay for harm or damage caused (including emotional harm) - or their parent/caregiver may need to pay if they’re under 16
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return or replace property
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be disqualified from driving
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have a vehicle confiscated.
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Support and behaviour change orders
The young person, their parents, or both, may be required to take part in a parenting, mentoring, or alcohol and drug programme.
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Community-based orders
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supervision in the community
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community work.
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More intensive support
Supervision with activity - structured support while staying in the community or with a programme provider.
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Custodial order
Supervision with residence - placement in a secure residence.
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Most serious cases
The case can be transferred to District or High Court.
For information on the people who can support you during the youth court, visit Youth court support.