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Youth Court

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This site will give you everything you need to know about the practice and procedures of the Youth Court.  We will also provide you with direct links to a number of very helpful related topics and  other sites.

The Youth Court is a division of our District Court. It is presided over by a District Court Judge who has been selected to hold a Youth Court Warrant and has special training in youth issues.

 

The Youth Court sits on regular occasions. It is not open to the public but parents and members of the immediate family can attend with the permission of the Judge.

 

You may represent yourself in the Youth Court or use the assistance of a privately instructed lawyer.

However, the State provides lawyers who are known as Youth Advocates and their service is therefore free.

They are trained as Youth Court advocates and are there to represent the interests of the youth who is appearing before the Court.

 

There is some criticism that the Youth Advocate system is a little too cosy because there are only two or three lawyers in the average town who are part of the system and it is sometimes thought that they represent the "system" first rather than standing up for the rights of the young person.

However, the criticism does not have much validity at all. The danger arises when the Youth Advocate might become judgemental and consider that the wishes of the child are not as important as the "interests" of the child.

 

It is always a fine line to walk but an adult, in the adult court, would not stand for a lawyer being judgemental but would want that lawyer to follow his or her instructions to the letter.

 

The Youth Court is set up under the provisions of the Children, Young Persons, and their Families Act 1989.

 

It is a very long Act made up of 469 specific sections and there were also amendments to the Act in 1989, 1994, 1996, 1998 and 2001. You may access the entire Act via our direct link below :

Children Young Persons And Their Families Act 1989

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"Helped us greatly. We also looked through all your other criminal sites and have printed some off. Thanks Netlaw. Ali"
"Do we have to use the State paid "Youth Advocates"? Mrs H. (name withheld)

Netlaw replies - No, but you do have to pay for a lawyer of your choice UNLESS the case is so serious that it goes to the District Court or the High Court. Then, normal legal aid takes over where you can choose your own lawyer."

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"I find this topic really helpful as well as all the topics under the "Weekend Arrest" topic. This is the sort of basic informatin which needs to be taught in schools. Don't you agree?"
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"Well worth reading. I don't think I will have any more kids!! Louise J Auckland March 2007"
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"I am a retired Solicitor from Kent in England and the $45 I spent on your site was really helpful because I am intending settling in New Zealand and your "one stop shop" was a real boon to me. Thanks again. Arnold T. Devon, England"
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"I was looking round Google to find something about representing myself and I found this and a number of your topics SPOT ON. Thanks. This one was great! Jon F. Auckland - May 2007"
"Thanks Netlaw. Rolf - Auckland"
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"Is it possible to get a discharge without conviction on a dangerous driving or reckless driving charge? Thanks

Netlaw replies: Yes, it is possible, but very difficult. There would have to be very special reasons like driving in an emergency situation."

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"I'm making an enquiry on behalf of a relative who is paying child support for a person who is in his mid 30s now, the inland revenue who he is making these payments to told me it is not child support it is spouse support payments and he needs to go back to court to have the order changed. Who do we call now as he is not on a good income and should qualify for legal aid.

Netlaw replies: Yes, Spousal Maintenance is different from Child Support. The Family Court deals with Spousal maintenance but the IRD (Child Support Division) deals with kid's maintenance. Choose any family court lawyer and if he earns less than about $33,000 he should get legal aid."

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"I was looking round Google to find something about representing myself and I found this and a number of your topics SPOT ON. Thanks. This one was great! Jon F. Auckland - May 2007"
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"I was roughly treated at a Police interview. One cop did hit me. It was not that hard but he banged me on the top of the head and yelled that he wanted the truth. It does happen . . not as bad as you see on TV but it does happen. Kevin - North Shore"
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"I was a witness in Court recently in a criminal case and I was treated really badly. I was searched and then left on my own for over an hour and even then I was not offered and tea or coffee. I think there should be far more done for witnesses.

Donna . . . . South Auckland - February 2007 "

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