Raising youth justice age to 18 welcomed

The youth justice age has been raised to 18, ensuring offenders 17 and under will be dealt with in the youth court, away from more hardened criminals dealt with in District Courts.

Justice Minister Amy Adams and Social Development Minister Anne Tolley made the announcement yesterday, also outlining changes to the level of discretion Judges had to refer a child aged 14-16 up to the District Court.

The changes, which will take place by 2019, will ensure that all 17-year-old offenders are dealt with according to which jurisdiction is best suited to the particular case, they said.

Those 17-year-olds who are serious, violent offenders who commit a range of offences like murder, manslaughter, sexual assaults, aggravated robbery, arson, or serious assaults will continue to be dealt with by adult courts.

Tolley said work on a funding bid was being carried out. Youth Justice Residences, which fell under Child, Youth and Family, would need to be properly resourced.

"Just last week Tolley was telling us we didn't have the resources to make this change so we're pleased to see a quick turnaround."

It was expected about 150 per year, would be transferred to the adult court.

‘‘In addition, we’re ensuring the non-imprisonable traffic offences will be dealt with in the Youth Court and that anyone dealt with in the Youth Court can be held in an adult facility if the risk requires,’’ she said.

The recommendation to raise the youth justice age came from an expert panel pulled together by Tolley to overhaul the state care system. It recommended the age be raised to be in line with the age of care, for which state wards remain with Government support.

Changes to the discretion able to be applied by judges include a requirement to give greater consideration to the impact of the offending on victims and recidivism.

‘‘What we’re doing is strengthening that discretion and making it very clear, that what the judges need to have front of mind is the risk to the community, the interests of the victim, the seriousness of the offending and also the history of the offender,’’ Adams said.

Opposition justice spokeswoman Jacinda Ardern said it had been a long time coming. ’’Just last week Anne Tolley was telling us we didn’t have the resources to make this change so we’re pleased to see a quick turnaround.’’

The Government needed to make sure the policy was properly resourced.

Unicef Child Rights Advocate Dr Prudence Stone said Unicef was ‘‘singing from the rooftops’’.

Unicef New Zealand Executive Director Vivien Maidaborn said it did not go unnoticed that New Zealand had been one of the few countries in the world that still tried 17-year-olds in the adult criminal justice system.

Just Speak advocacy group director Dr Katie Bruce said the announcement was welcome but ‘‘long overdue’’.