“Court in the Act”

The latest issues facing the Youth Court and Youth Justice practitioners in New Zealand

A newsletter co-ordinated by the Principal Youth Court Judge for the Youth Justice Community

More Youth Court information on www.justice.govt.nz/youth

Issue 26

December 2006

Special points of interest:

• The First of Two New Regular Updates from the Ministry of Justice
• Gardening and Nutrition make the Difference for One Young Teen
• Boy Racer Learns Driving a Privilege
• Email letters, contributions or requests to be added to the mailing list to Lavina.Monteiro@justice.govt.nz

Inside this issue:

Letters to the Editor
50 Things About Teens
An Awesome Lesson Learned
Youth Justice Independent Advisory Group
Choices & Differences: School Talk as Part of FGC Plan
CYFs International FGC Conference
Community Service and Supervision for Teen Arsonists
Regular Ministry of Justice Update:
Youth Court Staff Workshops
Growing in Stature

From the Judge’s Desk ...

I want to extend my Christmas greetings to each one of you.

As I travel around the country and visit Youth Courts from Kaitaia to Invercargill, I am continually and hugely impressed by the dedi cat ion and commitment of all those within the wider Youth Justice community. I want to acknowledge the efforts of all of you – both within t h e G overnment departments such as Police Youth Aid officers, Youth Justice social workers, Youth Justice Family Group Conference Co-ordinators, Ministry of Health and Education officials, and also the non-Government community-based groups.

It is very impressive to see your hard work and enthusiastic commitment. Having recently returned from distant Northern Ireland and London, where I observed the Youth Justice systems of those countries first -hand, partnership between Government and community groups and the huge contribution made by community groups in this country stands out as a real feature of our system.

I am also struck by the goodwill of so many New Zealanders who are prepared to confront youth offending, and to take it seriously but also to realise there is the opportunity for change and rehabilitation for our young offenders that is so much more difficult when they are adults.

Can I salute all your efforts? I encourage us all after a refreshing and relaxing holiday, to redouble our efforts in 2007. I sense that the year ahead will be very significant for all of us, particularly as CYFS has committed itself to ensure proper resourcing and focus on Youth Justice. My warm Christmas regards to you all.

Breaking Down Stereotypes with the “You Tube” Generation

Excerpts from Prizegiving Speech by Elyse Matthys, Head Girl of Kristen School (used with permission)

I remember the day I arrived at Kristin. I had in my head an idea, a preconceived judgement about what the school would be about and what the experience would involve.

Were my ideas based on facts? No. Had I spoken to any one who had experienced Kristin for themselves? No. Had I formulated these ideas with no real facts other than the basis of a stereotype and a few rumours? Definitely. As a thirteen year-old I made a big mistake.

My mistake wasn’t one that just thirteen year olds make. It wasn’t even a mistake that a few people make in their lives. It was a fault we as humans are all gui l ty of . I judged something before I knew anything about it. I took a bit of hearsay and a stereotypical view and that was it. However, five years on as I stand here, with the school year almost over, my time at Kristin almost over, that idea is long gone. The thought I do have however, the thought that as year 13’s we are naturally faced with at this time in the year is "who am I?"

I am a member of Generation Y. A generation of self-focused, egotistical, lazy , demanding , technology reliant , "stimulus junkies", who have no moral values and want it all without having to do the work. As the majority of you here join me in this so - called My Space generation I am sure you are as flattered with that description as I was.

The thing I don’t understand is how can a group consisting of more than 100 million people have the exact same list of characteristics? Is that really who we are?

In a self-focused generation, I know 19 people who spent at least 50 hours of their time in the last 11 months helping others in an altruistic activity.

In a generation that has an attention span of 4 minutes, I know 84 people that wrote a 4,000 word essay this year.

In a generation who wants it all without doing the work, I know 148 people who have persevered through 13 years of school in order to give themselves the best possible opportunities in life.

In a generation that is lazy, I know 150 people who arrived at school at 7am at least one morning a week for every week of this year’s winter sports season.

And in a generation that is demanding I know 100 people who gave at least 50 hours of themselves for this years production.

We do not rely on technology; we use it to our advantage. We have cell phones because they are convenient, they ensure we are contactable at all times and they improve our abbreviation skills to the point where we can convert 100 words into a mere 160 characters.

We use the Internet because it allows us to access more sources of information than we could possibly obtain in a library, it enables us to have a face to face conversation with someone on the other side of the world and thanks to the creation of sites such as YouTube, it could make us famous. I may be a member of generation Y, but I don’t think I am generation Y, so who am I?

I am a sports person. According to the American high-school stereotype jocks that are portrayed on television I am meant to be arrogant and fiercely competitive. I am supposed to act superior and only care about myself. I am supposed to enjoy spending my lunchtime locking that one unfortunate kid in his locker.

This year I played in three teams who were competitive because we wanted to win, however we played because sport is fun. The members of these teams were humble; they knew that nothing would be achieved without the help of the person standing next to them. They chased the touch that the person next to them missed because they knew next time that person would have their back. So if a sportsperson doesn’t explain who I am, then who am I?

For the majority of 2006 I was Head Girl, maybe that explains who I am. I am supposed to be confident, yet at times all I have wanted to do was hide, I am supposed to be organised when in reality I have lost my keys at least once a week since I had any keys to lose. I am meant to be strong, when the truth is I still have a monkey called Tossie who occasionally slips into my bag when I’m not sleeping at home for a night. I am supposed to be a leader when there are times that I have followed.

And so I keep searching, for a word, a label, anything, something that describes who I am, however I can not find one. And maybe that’s my answer.

We are not meant to be classified. In biology we learn the importance of classification in an attempt to predict characteristics in the animal world; do we really want to do this to humans? Do we want to suggest everyone behaves a certain way because they are intelligent, sporty or dramatic! !? We are contradicting the age old cliché that each person is unique by suggesting that there is a mould out there for everyone. And as we make that mistake of judging without any real knowledge of what lies beneath the surface we close doors.

When we prejudge and stereotype we say no to a pathway without awareness of the real opportunities it will offer, we miss out on getting to know a potential friend and worst of all when we stereotype ourselves we put a limit on our unlimited success.

Five years ago when I created a stereotype in my mind about Kristin I never imagined that the school itself would break all stereotypes I ever had. Kristin is a school that does not stereotype …

We are taught to not just accept the opinions of others but to instead ask questions in order to formulate our own opinions. We learn that we are more t h a n members of generation Y. We are more than our talents and interests and we are more than the titles we are given.

Letters to the Editor

Hi this is Mark Sceats, I am a solicitor in Gisborne and have been practicing as a Youth Advocate for 20 + years. I read with interest the dissertation in the latest Court in the Act relating to the meaning of "Detained in Custody"

This interested me as some time ago I had a youth client who spent the best part of a year in "custody" in one of the Youth Justice Residences following the commital by him of some serious sexual offences.

When he was sentenced none of the time that he was in "detained in Custody" in the Youth Justice Residence could formally be counted as time served.

This is I believe to be an anomaly which warrants some airing perhaps in "Court in the Act".

Ed. This is an important issue which we will feature in our first edition next year.

Thanks I really think this is an excellent publication and congratulate you for it. I use it regularly in speaking to groups. Keep it up. Bill Barrett Student Support Development Officer Ministry of Education

Thank you for this edition Lavina. I don't always read these but I did skim this bulletin and want to compliment you on the contents and layout. Well done. I'm sure practitioners will find it valuable. Kerry Hollingsworth Senior Analyst, Treasury

The development audit alluded to in this paper sounds very much like the HEADSSS assessment which we are doing rout inely at Korowai Manaaki [Youth Justice North, Manukau City] with good results.

The comments about the mental health services may well relate to the United States context, but are inflammatory in New Zealand in the face of real, sincere and positive efforts to help mental health of a group who are very mentally unhealthy (at least in Auckland).

We love to hear positive things about overseas, but would like to have acknowledgement of the local services as well. Like your author, our best skills are in listening to and understanding young people. Thanks for keeping us in touch. John Newman Auckland

Ed. We would be happy to publish details of the local services but, as ever, we rely on details being sent to us. Feel free to pop some in the post and we will include them.

This must be a huge amount of work for you collating all this information … and this wee note is just to say a really big thank you. It is really re-affirming, refreshing and so very humbling to learn of the amazing people out there working at the coal-face to ensure best outcomes for youth.

I hope you and your colleagues have a wondersome festive season and the New Year is filled with love, laughter and happiness in abundance. Kindest regards Gabrielle Carroll DARE NZ

Teens are people who ...

Sent to us by Constable Blue McCaffery, a senior Police Youth Aid Constable from Porirua

1. Have a past.

2. Are making decisions about their future.

3. Are gathering basics.

4. Are terrified of failure.

5. Need to belong.

6. Demand good reasons.

7. Define themselves in contrast to.

8. May not understand responsibility.

9. Have relatively short attention spans.

10. Crave entertainment.

11. Have many negative anchors to learning.

12. Resist authority.

13. Are very selfconscious.

14. Believe they are the only ones.

15. Seek security.

16. Crave affection.

17. Are highly sexual.

18. Are already members of society.

19. Still dream.

20. Are actively afraid for the world.

21. Want people skills.

22. Desperately want to be listened to.

23. Need validation.

24. Are products of their environment.

25. Have developing conceptual abilities.

26. Are strongly influenced by peers.

27. Feel resentful and angry.

28. Are resisting resignation.

29. Still love to play.

30. Are learning rapidly.

31. Equate intimacy with sex.

32. May be practiced liars.

33. Test the rules.

34. Don’t understand commitment.

35. Are often externally motivated.

36. May lack elegant communication skills.

37. Are not always aware that they have choice.

38. Feel victimised.

39. Are survivors.

40. Are egocentric.

41. Have developed behaviour patterns.

42. Have resources they aren’t aware of.

43. Are curious.

44. Love their parents.

45. Want to be good enough.

46. Have little awareness of death.

47. Wonder what truth is.

48. Hate institutionalised meals.

49. Are strongly conditioned by the media.

50. Are full of unfathomable potential. from the smoke.

An Awesome Lesson Learned

Written by a young person who was referred to Police Youth Aid

MY WHEELS were spinning. Rubber smoke pouring out from the wheels as I was gradually sacrificed to the merciless heat that was being produced from the massive friction. Me and my friend were laughing yet choking at the same time from the smoke. It was awesome! Awesome until I heard the sound that I dread.

This was the sound of the police siren, as I peered in my rear view mirror through the smoke cloud that had been produced in my latest antic, I suddenly realised what I had done, what the policeman had seen, what consequences I had to pay.

 "Oh my god", I said to my friend, "we are in big trouble!" The policeman pulled me over right in front of school, and already a small crowd was gathering. I felt myself starting to sweat, with the burden of the shiny police car behind me. It seemed like hours before he finally got out of his car and he approached me. "I almost lost you in the smoke there!" Funny guy. I  didn’t laugh at his dry humour.

After sitting in the police car with the policeman for a good 15 minutes, discussing the matter with him and generally getting belittled for my "stuipid" actions, I walked out of the police car with a ticket in my hand. It stated that I had been charged with sustained loss of traction, to which I would be contacted by the traffic officer to attend court to discuss my punishment. Sustained loss of traction means a burnout, which is when the wheels are moving, but the vehicle isn’t, producing a lot of smoke and heat, and consequently from the heat the smell of burning rubber.

These are considered very dangerous. It also stated that my vehicle (my van) would be impounded for 28 days, this costing $480 to retrieve after the 28 day period. So, the cop left me and my friend to find our own way home, as we watched the Curly’s Salvage tow truck hoist my van onto its back. While I was left wondering, why didn’t they just drive it to the impounding place? On finding my way home, I was pondering how to break the news to my parents. But to my surprise, the cop had already rung them, over exaggerated the case saying that I did a 20 second burnout.

Have you ever tried counting to 20? That is an extremely long time, and I doubt that I would have much tyre left if it had gone for 20 seconds!

My parents were very disappointed in me, making me feel ashamed and regretful for what I’d done, and I still had to go to court!

The Boy Racer Act (Unauthorised Street and Drag Racing Amendment Act) was introduced in 2003 and is still in effect now. It is aimed at street racing and burnouts in public places and there are heavy penalties for breaking these laws.

If you drive a car in an illegal race, accelerate in an unnecessary way on a road, if you do wheel spins, donuts, or drive a car on the road in a way that causes it to lose traction, you are in breach of many laws.

The punishments for these acts include, 3 month imprisonment, fines up to $4,500, lose your license for at least 6 months, community service ranging from 20 to 500 hours, and Police may impound you car for 28 days at your expense.

Fortunately for me, I was 16 when I performed this burnout, meaning that I could go to youth aid instead of court, which is just sitting in a room with a police officer and your parents, and bringing forth a sentence from this conference.

The punishment from my parents was that I wasn’t allowed to drive at all until my court case had been resolved. I found this hard as I had to get to rugby trainings, rugby games, and parties when they were on. With mum and dad not prepared to take me to these events, I had to organise rides everywhere and this was tough as I live in a small rural town, a some what isolated area.

After my session with the youth aid officer, I walked out with just 20 hours community service, and a promise to do a defensive driving course within 3 months, a very light sentence, probably because of my very good presentation.

I have been doing my community service at my very own former primary school, doing gardening, sweeping bark, sweeping the turf, pulling staples out of classroom walls, and more gardening. I have now almost fulfilled my contract to do 20 hours, I just need to get on to the defensive driving course

So from this skid it has cost me the following, in total $560 to rescue the van from the depths of Curly’s Salvage and costs to get it back on the road, as if a car is impounded the warrant of fitness is removed, 20 hours of unpaid work at the primary school, and the extra cost and time for the defensive driving course.

This has been a very steep learning curve for me, but in the long run, a good run. Because it has helped me to realise that driving is a privilege, and shouldn’t be abused.

And just remember, it may feel awesome at the time, kicking back, choking in the smoke, but think about the consequences.

Pulling staples out of walls and watering gardens is definitely NOT awesome.

The Youth Justice Independent Advisory Group

By Leigh McPhail,

Leigh is part of the Ministry of Justice team lead by Clair Trainor, formerly of YouthLaw in Auckland. That team leads the policy work for youth justice nationally. We are hoping to have a regular column from the team, of which this is the first …

The Youth Justice Independent Advisory Group (YJIAG) wa s established in 2003, under the Youth Offending Strategy, to provide independent , expert, community-based advice to Ministers and senior government officials on youth justice policy and issues.

The YJIAG is Ministerially appointed and is chaired by the Principal Youth Court Judge Andrew Becroft. The six other YJIAG members are:

Anni Watkin (Manager, Youth and Cultural Development Society, Christchurch)

Frank Moult (Former Police Youth Aid Senior Constable, current Child, Youth and Family Youth Justice Coordinator , Palmerston North)

Dr Ian Lambie (Director of Clinical Psychology Training, University of Auckland)

Dr John Langley (Dean of Education, University of Auckland)

Kaye McLaren (Research and Training Consultant, Wellington)

La - Verne King (Barrister and Youth Advocate, Manukau, Auckland).

The YJIAG meets bi-monthly in Wellington, and at the same time meets with senior government officials from Justice, Police, Social Development, Child, Youth and Family, Health and Education and the Ministers of Justice, Police and Child, Youth and Family (also the Ministers of Health and Education as appropriate).

The YJIAG members are very keen to hear feedback and issues of concern to the community. Please feel free to raise any youth justice related issues with the YJIAG through their Secretary, Leigh McPhail. Leigh works at the Ministry of Justice and can be contacted by telephone on 04 494 9703 or email leigh.mcphail@justice.govt. nz.

Further information on the YJIAG and the Youth Offending Strategy is available at www.justice.govt.nz.

Choices and Differences: School Talk as part of FGC Plan

Based on a report sent to us by Constable Rosanne Wilson, Youth Aid

A YOUTH involved in assaulting a boy along with two others agreed to give a school talk as part of his FGC plan.

The talk, at a Lower Hutt College, was given to around 400 junior school pupils. The school chaplain and youth worker asked the teen the following questions and the young per son responded in his own words:

1. People deal with differences in many ways. Does violence achieve anything? Example: Gang tension between Crips, Bloods, Mob B.P.

2. Is there anything wrong with being different? Why?

3. Why do you think it's hard to deal with differences?

4. You have, in the past, made some choices that haven't been helpful to you when faced with differences. Would you change some of your choices now looking back? Why?

The young person was supported on stage by his Uncle, senior school staff, student leaders and Cons table Rosanne Wilson of Youth Aid. Members of the young person’s Youth Group were also present.

One of the victims was at the school talk and at the end, the young person apologised directly to him again. It was very effective and the school were able to witness genuine respect from both sides.

The young person and the victim shook hands afterwards but the second victim had already left college and, thus, wasn’t present.

Constable Wilson noted that the young person had his head up and was noticeably up-beat when it was over.

She said: "All in all I would say it took 5 minutes, with the students listening attentively throughout.

"From observing this and other less formal situations, I've found speech giving a really useful tool (given the right circumstances). It's good having some more creative ways to bring these kids through."

The boy is now almost 17 and has not re-offended. Constable Wilson puts this down to good whanau/ family support.  

International FGC Conference Boosts Enthusiasm for Conferencing

Rhonda Thompson, Research Counsel to Principal Youth Court Judge

THE HUGE potential of family group conferencing was explored at the International FGC Conference in Wellington recently.

The Child Youth and Family "Coming Home: Te Hokinga Mai" conference at the end of November was attended by delegates from all over New Zealand and around the world. Thus, the Wellington Town Hall venue was abuzz with new ideas and enthusiasm for conferencing.

FGCs are well-known as an effective tool in care and protection and youth justice in New Zealand but conferencing is now being used around the world in a range of areas such as truancy and aged care. However, the concept had its genesis here and has become seen as New Zealand’s "gift to the world".

Several speakers noted that there should be nothing unusual in families being involved in decisionmaking about their lovedones. And Justice Durie stressed that FGCs are not primarily a "means" to the "end" of, for example, ensuring accountability and stopping re-offending but are an "end" in themselves as the FGC enshrines the rights of families to take responsibility for, and to participate in, decisionmaking about their own children.

A UK speaker reported that in that country there is no statutory mandate for FGCs and professionals make the decision as to whether an FGC should be held. Family group conferencing accounts for only 0.1% of decision-making for children in the UK.

However, a delegation from Kent reported that FGCs are proving successful in that county. FGCs are being used as a response to truancy and conference coordinators report that they are vital in building a relationship between home and school. Even where the young person’s attendance does not improve, schools report that younger siblings’ attendance usually improves as a result of the conference.

Also, Kent is having success in using conferencing with elderly people. Co-ordinators are able to mobilise the family and friends of an elderly person and, even if residential care is considered necessary, decide on which participants will commit to regular visits and providing for their loved ones other needs.

Judge Boshier, Principal Family Court Judge suggested using FGCs in domestic violence cases and in mediation under the Care of Children Act 2004 to improve children’s involvement in the decision making process.

Judge Becroft, Principal Youth Court Judge, asked whether accountability had become a major focus at youth justice FGCs at the expense of rehabilitation- both factors are objects of the governing legislation. Further, he considered whether too little focus has been placed on the valuable input that professionals, such as addiction specialists, can offer to families in their decision-making process.

Representatives from the US, the Cherokee Nation, Sweden and Aboriginal Australia also spoke of the importance of conferencing in their countries and in indigenous communities.

It’s not possible to do justice to all the interesting presentations here but papers from the conference are to be available shortly on www.cyfs.govt.nz.

Community Service and Supervision for Teen Arsonists

TWO YOUNG people (both aged 15) were recently sentenced on arson charges after they set fire to a computer block at Melville High School causing around $1,000,000 of damage.

The young people indicated a desire to plead guilty and were eventually convicted and transferred to the District Court for sentence.

They were sentenced to community based sentences – 300 and 350 hours community work respectively. Further, the Judge imposed two years and 18 months supervision respectively. Reparation was considered but was unrealistic given the financial circumstances of the boys and their families. Judge McAloon observed there was no tariff for arson and that the best chance of rehabilitation, still consistent with accountability, could be achieved through a top-end community based sentence.

See R v Torstonson & Ham (DC, Hamilton, CRI-2006- 219-233, 24 November 2006, Judge McAloon)

Other case summaries of reported and unreported decisions available on www.justice.govt.nz/youth/ decisions.

Regular Update from the Ministry of Justice-Operations

Tānā Koutou Katoa

My name is Cassandra Anderson and I am the Senior Analyst for the Youth Jurisdiction, at the Ministry of Justice (Courts Operations).

The Ministry established this senior analyst position in 2005, which is dedicated to the Youth Jurisdiction and part of the Criminal & Youth Jurisdictions Team based in Wellington. The purpose of the position is to provide strategic operational policy support for the Youth Courts throughout New Zealand, the Principal Youth Court Judge Andrew Becroft and the Youth Court Judges.

I have been in this role for five months having previously worked in the Ministry’s Crime Prevention Unit managing its Restorative Justice, Iwi Crime Prevention Partnerships and Neighbourhood Based Safety programmes. I am extremely excited about working with and for stakeholders who are enthusiastic about Youth Court, and committed to making a contribution to the wider youth justice system.

The Ministry is undertaking a number of initiatives to build on the gains that have already been achieved in the Youth Jurisdiction, so in each edition of Court in the Act I will update you on key work that is being undertaken in this area. Please feel free to e-mail me if you would like to discuss any Youth Jurisdiction operational policy issues. My email address is: cassandra.anderson@justice.govt.

Ministry Update: Workshops Highlight Youth Court Staff’s Enthusiasm

By Cassandra Anderson, Ministry of Justice

The enthusiasm of Youth Court staff and their desire to make a difference in the youth justice system was evident at two recent workshops organised by the Ministry.

The Ministry recently held two very successful Youth Court Staff Workshops in Hamilton and Wellington in October and November of this year. These Workshops built on the success of the inaugural Workshops held in Auckland and Christchurch last year

Youth Court staff from around the country were invited to attend the Workshops, with 54 participating, representing 36 Youth Courts nation wide.

We had several aims in organising the Workshops:

• to provide consistent information to staff around the country about the vision and principles of the Youth Court; • to allow staff to raise and hear issues of concern;
• to allow staff to work on developing solutions to issues where possible, or identify future work; and
• to provide a forum for staff to interact with colleagues from other regions.

The Workshops focused on linking youth justice principles to Youth Court work, Case Management and the roles of Ministry of Social Development (Child Youth & Family) and Police Youth & Family Services and included interactive and sessions on specific issues.

The thing that stood out most at the workshops was how committed staff are to playing an important role in the youth justice system.

 "The thing that stood out most at the workshops was how committed staff are to playing an important role in the youth justice system."

They are very enthusiastic and dedicated to making a difference.

The Principal Youth Court Judge Andrew Becroft’s keynote presentation was identified as one of the highlights of the Workshops and we were also fortunate to have presentations by Child Youth & Family and Police Youth and Family Services.

The feedback from staff was very positive and there is strong support for Youth Court Staff Workshops to be held annually. Staff have identified a range of issues that can be worked on at future workshops and groups who could contribute to future sessions.

Growing in Stature

Ros Rowe whose garden and community service starred in an episode of "Mucking In" on TV1 this year had more good news when one of her young charges at the "Leg-Up" programme discovered good nutrition, gardening and, hopefully, a new life.

A YOUNG woman who was sent to the "Leg-Up" programme in Napier following her part in an assault has started to "blossom" thanks to good nutrition and a budding interest in gardening.

"Leg-Up" programmes are for youth-particularly those who are victims of abuse, at risk of offending or suicide, and others with challenging attitudes. When the 16-year-old teen arrived at Leg-Up,

Ros Rowe who recently assured the survival of the Leg Up Trust by selling her beloved home and garden in Haumoana and buying a 13 acre farmlet to provide grazing for the Trust's horses, says she found it difficult to reach the teen as she was extremely scatterbrained. Staff were starting to despair when some discussions about her poor diet-particularly takeaways - lead the youngster to the supermarket after which she began to cook simple meals.

Ros showed the teen her vegetable garden and the girl went home and dug one for herself, with help from her partner and his mother.

Ros said: "It was like watching a miracle unfold before my eyes so I gave her seeds and seedlings to plant - and she did!

"The donkeys blotted their copybooks by eating the last lot I gave her before she left with them, but her enthusiasm was undented and seems genuine."

Ros plans to give the teen a book on growing vegetables and is hoping it will foster her new-found love of gardening.

Although the youngster is living with her boyfriend and his 6 month old baby Ros is daring to think the teen has turned the corner.

Ros said: "She is much calmer, listens quite readily and has a real affection for the horses.

"She is welcome to come to us for as long as she wants or needs to be here. She is whittling away her hours so the day will come when she doesn't have to come to Leg-Up."

Ros reports she is feeling encouraged to see some of the youngsters who come her way see a glimpse of life as it could be if they decide to turn from their anti-social behaviour, and take a step in the right direction.