A troubled 16-year-old boy who lived in multiple care homes was wrongfully detained in a youth justice facility, the Court of Appeal has found.
Oranga Tamariki Photo: MSD Website
The boy was taken to Te Puna Wai in November after he allegedly sexually assaulted someone at a care facility he was staying at.
He appeared in the Youth Court on a charge of assault, and Oranga Tamariki (formerly Child, Youth and Family) struggled to find somewhere for him to live when he was released on bail.
He was taken to the Te Puna Wai youth justice facility temporarily while somewhere else was found.
Grant Tyrrell, the boy's lawyer, argued he was detained because he could not leave when he wanted and the chief executive of Oranga Tamariki did not have the authority to put him there.
The High Court dismissed an application of wrongful imprisonment, but the Court of Appeal allowed an appeal of the decision.
It found the chief executive was motivated by the welfare and best interests of the boy, but under section 365 of the Vulnerable Children Act it did not have authority to put him in the justice facility.
The court did not make further orders because the 16-year-old was no longer at Te Puna Wai.
The boy had been in the care of Oranga Tamariki since he was five, after it was decided his mother was too unwell to care for him.
Oranga Tamariki spokesperson Allan Boreham said the organisation welcomed the decision.
"It reflects the complex circumstances of this young person, and shows deep empathy for him.
"The judge also notes our decision to place the young person in care was made with his best interests and welfare at heart.
"We now need time to assess the judgement and how it impacts on our work to design the best possible care options for children and young people."
