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New Zealand Police v E W [2017] NZYC 190

Published 12 December 2017

Minute — application for declaration that child in need of care and protection — Family Court jurisdiction — discharge where declaration comes before Family Court — Children Young Persons and Their Families Act 1989, ss 14(e), 78, 280A & 282. The young person appeared before the court which sat as a Youth Court and a Family Court. The court had before it four Youth Court charges against the young person, as well as a number of other charges, and a police application for a declaration that the young person was a child in need of care and protection. The court was faced with an issue regarding a guideline about which office is responsible for the social work of a young person. The court noted that the young person's situation should be tailored for his particular circumstances and that the policy in place could lead to the young person slipping between the "cracks in the system". The young person was bailed on all matters and the proceedings were transferred to the Family and Youth Court in another area in New Zealand so that the young person could be bailed to a family member's address in that location. Judgment Date: 9 March 2017. * * * Note: Names have been changed to comply with legal requirements * * *

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