Youth Court Decisions How to Use Full list of key titles CYPFA section Date

NZ Police v S, 11 July 2007, High Court, Auckland, Justice Harrison, CRI 2007-404-002372

Name: NZ Police v S
Unreported
File number: CRI 2007-404-002372
Court: High Court
Location: Auckland
Date: 11 July 2007
Judge: Justice Harrison
Charge: indecent assault
CYPFA: s67 Rating:
Key title: jurisdiction/age
Key title: Care and protection cross over

Case Summary:
Successful appeal by appellant against a decision of a FC Judge dismissing an application by Police that S be declared a child in need of care and protection under s14(1)(e) CYPFA, for want of jurisdiction.

Original application to place S under the care and protection of CYF was filed in the Family Court when S was 14. S had previously been accepted into a SAFE programme for young sex offenders following allegations of indecent assaults that occurred before he turned 14.

Decision:
The Court held that the Family Court did have jurisdiction to hear the application because S was under 14 at the time of the alleged offending.

The Court also held, in contrast, that there is no limitation on proceedings (the application) being filed or disposed of, except that disposition must be prompt, and no more than 60 days from filing (s70 CYPFA). Justice Harrison commented that, if the FC was correct, no court would have jurisdiction over a child under the age of 14 who had committed qualifying offences, if an application under s14 was not filed until after his 14th birthday.

The Court noted that s2(2) CYPFA was amended to reinforce this conclusion following the dissent of Gault J in Police v Edge (1992) 9 FRNZ 659 in which argued that the age of the date of the offence is determinative of whether the alleged offender be dealt with as a child or a young person.

Decision:
Appeal allowed. Application