New Zealand
- derekjustindenton
- Jan 31
- 2 min read
Updated: Apr 4
Rate of children in detention per 100,000: 25 (2022) https://data.unicef.org/resources/dataset/children-in-detention/
Child incarceration numbers: 157 young people in youth justice custody placements (30 June 2024)
For the period 2011/12- 2021/22 key youth justice statistics in NZ 85 demonstrate significant improvement:
Overall offending rates for children decreased by 63%.
The rate of Youth Court appearances decreased by 65%.
The number of children remanded in custody decreased by 36%.
New Zealand made signifcant youth justice reforms in 1989 with the introduction of the Children and Young Persons Act (1989). This legislation introduced several changes including Family Group Conferencing (FGC). FGCs are based on the principles of restorative justice and Maori tikanga (way of doing).
The New Zealand legislation has recently been updated to the Oranga Tamariki Act in June 2024. Oranga (wellbeing) and Tamariki (young people).
Police Child Diversion Processes New Zealand
A police officer may decide, depending on the seriousness of the offence, to caution a child or arrange for any other person to do so. In New Zealand (NZ) an offence need not be admitted or proved for a warning to be issued. Once a warning has been issued it is reported on a standard form and recorded in the Youth Aid Section, a written notice is given to a parent or guardian specifying the offence. Once a warning is issued in relation to an offence, the child cannot be charged for that offence. If the child is charged with another offence, information relating to a warning issued for a previous offence cannot be disclosed to the court, unless it is disclosed on behalf of the defence.
Referral to Police Youth Aid Section (YAS)
Unlike in similar systems like Ireland, where referrals are mandated, enforcement officers in NZ decide, given the seriousness of offending, if a warning and referral to the PYS are inappropriate. The YAS of the NZ Police work with children, community organisations and other agencies to help turn young lives around. On referral YAS may decide no further action is necessary, issue a written warning, organise diversionary plans, or refer the case to the Youth Justice Co-ordinator to convene a family group conference. The Light Blue charity is a key organisation working to support the YAS by running programs some of which are partnered
with defence forces. Unlike in similar child policing models (foir example Ireland) the YAS is not expressly referenced in the Children, Young Persons, and Their Families Act 1989 (CYPFA).
In addition to work in child cautioning and diversionary programs, when there is an intention to charge a child in relation to an offence, the YAS also collaborates with the Youth Justice Co-ordinator to convene a family group conferences . The FGC makes recommendations on how to proceed in the individuial child's case.
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