Application to dismiss charges — aggravated robbery — unlawfully getting into a motor vehicle — unduly protracted delay — Oranga Tamariki Act 1989, ss 5 & 322 — New Zealand Bill of Rights Act 1990 — Attorney General v The Youth Court at Manukau [2007] NZFLR 103. The young person, FG, faced three charges of aggravated robbery and one of unlawfully getting into a motor vehicle. This hearing concerned an application to dismiss the charges on the basis of delay. Section 322 of the Oranga Tamariki Act ("the Act") gives a judge the power to dismiss a charge if the judge is satisfied the delay between the commission of the alleged offence and the hearing has been unnecessarily or unduly protracted. Firstly, the judge must decide whether the delay was unduly protracted and secondly, whether to exercise their discretion to dismiss the charge. Unnecessarily protracted means no more delay than could reasonably have been avoided, usually delay caused by default or neglect. Section 5 of the Act states that decisions affecting a young person should, wherever practicable, be made and implemented within a timeframe appropriate to a young person's sense of time. The alleged offending occurred in September 2017 and early 2018, but FG's alleged involvement in the offending did not come to light until October 2018. As soon as he was identified, the case moved at a steady pace. In the circumstances this delay was not unreasonable. The Judge found there had not been unnecessary or undue delay and so the application to dismiss the charges failed. Judgment Date: 18 March 2019. * * * Note: names have been changed to comply with legal requirements. * * *