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New Zealand Police v IH [2018] NZYC 2

Published 15 February 2019

Non-compliance with statutory requirements when convening Family Group Conference — sufficient notice to young person's family of Conference — entitlement to attend Family Group Conference — attempt to contact — whether conference had been validly convened — H v Police 18 FRNZ 593 — New Zealand Police v JB [2015] 488 — Oranga Tamariki Act 1989, ss 247, 248, 259, 250 & 251 — Criminal Procedure Act 2011, s 147. In this case, the court was asked to determine an application relating to non-compliance with statutory requirements when convening two Family Group Conferences, specifically, whether or not all reasonable endeavours had been made to consult with the young person's whanau when arranging to convene such a Conference. In relation to the first Family Group Conference attempts to contact the young person's family consisted of an answered phone call and home visits before the FGC was purportedly convened in the absence of the young person and any whanau. It was not clear how many of the three victims were invited. The court found that although it is not mandatory that the young person or their whanau attend a FGC, in this case it could not be said that all reasonable endeavours had been made to contact the family and consult with the victims prior to convening the conference. The first FGC was found to be invalidly convened and the summons of the young person to court had no legal basis. The charges that the first Family Group Conference related to were dismissed. In relation to the second Family Group Conference, the Youth Advocate submitted that there was no consultation or notice given to the Youth Advocate of the FGC. The Ministry submitted that although it would have been preferable for the Youth Advocate to attend the intention to charge FGC there is no legislative basis to appoint a Youth Advocate in those circumstances. The court found that there was no basis to contest the validity of the conference as the young person's Youth Advocate was "entitled to attend" as set out in the statute but there is no specific requirement that the Youth Advocate be consulted prior to to the FGC being convened. The application in relation to the second Family Group Conference was dismissed. Judgment Date: 17 January 2018. * * * Note: Names have been changed to comply with legal requirements * * *

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