Police v Z

Case

[2008] NZCA 27

26 February 2008


Details
AGLC Case Decision Date
Police v Z [2008] NZCA 27 [2008] NZCA 27 26 February 2008

CaseChat Overview and Summary

The case of Police v Z involves an appeal by the New Zealand Police against a decision of Mallon J in the High Court, which had overturned a reparation order made against the respondents, the parents of a young person, in the Youth Court. The appeal was focused on a question of law concerning the conditions that must be satisfied before a reparation order can be made against a parent under section 283(f) of the Children, Young Persons and Their Families Act 1989 (CYPFA). The appeal court held that the High Court was in error in holding that both parental fault and a causative link between the parent's fault and the child's offending had to be satisfied before a reparation order could be made against a parent. The appeal court found that while parental fault and causation are relevant considerations, they are not preconditions to the making of such an order. However, the appeal was dismissed as the High Court's assessment of the particular circumstances of the case was found to be correct. Leave was granted for the publication of the judgment as a matter of public interest, without identifying the family involved.
Details

Areas of Law

  • Children and Family Law

Legal Concepts

  • Reparation Orders

  • Parental Responsibility

  • Compensatory Justice

  • Constitutional Validity

  • Statutory Interpretation

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0