Ministry delays ‘unacceptable’

The long-term care of a 12-year-old boy found roaming the streets of Hastings with a hunting knife is in limbo after Oranga Tamariki took a ‘‘palpably unacceptable’’ amount of time to file court documents, a judge has said.

The boy was the youngest of four people charged in relation to the aggravated robbery of a bottle store on September 3, in which a man stabbed numerous times was lucky to survive what police described as a ‘‘callous and vicious attack’’.

After being apprehended and placed in Oranga Tamariki care at a motel, the boy evaded his minder and was found roaming the streets with a hunting knife.

When he appeared in the Youth Court in Hastings on December 17, a lawyer for Oranga Tamariki told Judge Peter Callinicos that a custody order and a plan for the boy’s care would soon be filed.

But when the boy’s matter was called again in the Youth Court on Thursday last week, Judge Callinicos was informed that the plan was only filed the day prior.

‘‘Despite almost three months elapsing since Oranga Tamariki advised the Family Court that they would be filing such documents, no application has yet been filed with the Family Court and a plan was only filed at 4.20pm yesterday,’’ the judge said.

The plan must be considered by the boy’s lawyer before it could be considered, he said.

‘‘In addition, without a s101 application [custody order], the plan is redundant. This significant delay is unacceptable.’’

‘‘I indicated to the ministry that given this file has a large red flag all over it fluttering in the breeze, I was amazed that so little progress had been made.’’ Lawyer Don Kennedy

Judge Callinicos told the ministry it must file all required documents by March 14 – in time for the boy’s next appearance next month. The boy is presently on bail in the care of the ministry and is staying at a care and protection residence in another part of the country.

His lawyer, Don Kennedy, said the boy’s stay at the residence had already been extended and he had to be out by the end of this month.

The boy could not return to his home and did not have other relatives he could stay with.

‘‘I indicated to the ministry that given this file has a large red flag all over it fluttering in the breeze, I was amazed that so little progress had been made since December 2018,’’ Kennedy said.

‘‘I gave them plenty of warning that these things were outstanding.

‘‘Of course, getting the application in at 4.20pm the day before the hearing gives me no time to talk to my client about what’s in there. It’s just unhelpful and puts pressure on everyone else.’’

Oranga Tamariki was contacted for comment.