The British disregarded Māori customary practice in favour of English law and set up the foundations of the modern court system and prisons.
While criminal charged against those under 14 years could be dismissed if offenders did not understand the nature and consequences of their action, delinquent children could still face imprisonment and flogging until the 1920s.
In addition, growing criticism of residential centres for children and youths led to a shift towards foster and family-based care.
Following a report on Māori in the social welfare system in 1988, the Government passed the Children, Young Persons, and Their Families Act 1989 (CYPTFA).
[1] The CYPTFA signified a shift away from this to a family-based process and justice model, which views state intervention as a last resort.
[3] In June 2017, the New Zealand Parliament passed amendment legislation renaming the bill the Oranga Tamariki Act 1989.
The different processes recognise the child or youth's offending in a manner that acknowledges their higher needs and vulnerability.
Principles governing youth justice reflect different objectives from traditional criminal prosecution.
If the child is brought within the court system, the judge has a discretion to not use the criminal process and direct them towards social welfare.
[13] When the child offender does not fall into these categories, they are dealt with under the care and protection provisions of CYPTFA, or by the police, which are governed by youth justice principles.
In December 2016, the Fifth National Government passed the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 to expand the youth justice system to include most 17-year-olds.
While the Police Association expressed cautious support, the law change was opposed by the populist New Zealand First party.
[18] During the 2023 New Zealand general election, the libertarian ACT Party campaigned on reversing the law change and placing all 17 year olds back in the adult justice system.
[22] In 2017, the Government passed legislation raising the youth justice age to include most 17-year olds, bringing New Zealand in line with the UNCROC.
[24] Their purpose is to provide recommendation and make decisions that are thought to be "necessary or desirable in relation to the child or young person in respect of whom the conference was convened".
[27] Police play a major role in youth justice, and such cases are governed by the principle that criminal proceedings should not be used if there is an alternative way of dealing with the offending.
Practical examples of potential actions are: There is no need for a FGC, and the process considers a number of criteria.
[32] The court has a stronger focus on restorative justice, reflected in the involvement of the victims, the young person's understanding and co-operation in the proceedings, acknowledgement of the power imbalanced by proving all young people with a lawyer, and the restorative justice outcomes promoted.
Nearly 80% of child and youth cases are dealt with by FGCs or police alternative actions, including diversions, before reaching court.
[citation needed] While the number of children and young people recorded as Māori has decreased, they are still over-represented in court.
[citation needed] The number of children and young people recorded as European appearing in court has decreased most substantially.
[citation needed] During the late 19th and 20th centuries, the New Zealand Government established various institutions including industrial schools, reformatories and borstals to house delinquent children and young people.
During the 1880s, there was a shift towards foster care due to the high cost of running these industrial schools and the belief that children would develop better in a family environment.
During the 1980s, borstals and youth detention centres came under scrutiny and criticism due to various issues including their failure to address recidivism, the abuse of inmates by staff members, and growing Māori opposition to the large number of Māori children and young people in state care.
Following a 1988 report on Māori social welfare, the Government passed the Children, Young Persons, and Their Families Act 1989,[1][2] which saw a shift away from formal residential care and court proceedings against youth offenders towards a more-rights-based youth justice system emphasising foster care and the retention of family ties.
[40][38] As of 2023, Oranga Tamariki operated five youth justice residences for juvenile offenders facing serious criminal charges including murder, rape, aggravated robbery, and gang connections.