Youth courts are sending more teenagers to jail over safety concerns than New Zealand's juvenile facilities can handle, new police data has revealed.
The flow of teens involved in crime being sent to police custody was so high the police began keeping a record of the numbers since January this year, according to a report by RNZ.
Rules allow Youth Courts to remand teens aged 14-17 years in police custody if they pose a safety risk while they await trail and if Oranga Tamariki doesn't have the capacity to detain them safely.
Experts and police have highlighted the unsuitability of holding teenagers in cells, citing risks to their safety and well-being, as well as the strain it places on police resources and facilities.
Police began formally tracking youth remands in January 2024, revealing a sharp increase in numbers during some months. February saw the highest figures, with 93 teenagers detained in police custody, while more recent months showed a decline to as low as 12 in early November. Despite these fluctuations, the consistent use of police cells for young people awaiting hearings underscores broader systemic issues.
A lack of secure residences and community homes has been flagged as a critical bottleneck. A memo to the police minister acknowledged that the shortage of beds leads to an increased reliance on police custody, which has "flow-on effects" for police operations and compliance with international obligations.
New Zealand has ratified the United Nations Convention on the Rights of the Child (UNCRC), which requires separating detained children from adults. While the country has a reservation to Article 37(c) due to infrastructure challenges, the failure to fully implement this separation has drawn criticism. A recent UN review found New Zealand still falls short of meeting the convention’s goals, with particular concern over the mixing of children and adults in detention facilities.
The Police Association has described the practice as "very concerning," arguing that young people simply do not belong in police cells. Police stations are not equipped to provide appropriate care or ensure proper separation from adult offenders, posing risks to both the youth and the officers tasked with overseeing them.
RNZ quoted association head Chris Cahill as saying that police should not bear the burden of housing young offenders, pointing to the lack of secure Oranga Tamariki facilities as a significant failure.
Oranga Tamariki, the agency responsible for youth justice, acknowledged the growing demand for custody beds. Contributing factors include a 2019 policy change raising the upper age for youth justice, an increase in court volumes, and longer remand periods.
The agency is focused on expanding its capacity and pursuing prevention and early intervention measures. However, its bed availability in October—183 in secure residences and 89 in community homes—remained insufficient to meet the need.
Police Minister Mark Mitchell described remand in police custody as a "last resort" but admitted that it places significant pressure on police resources. He called for the availability of suitable facilities to prevent reliance on police cells. Meanwhile, advocates continue to push for systemic changes, emphasising the urgency of finding solutions that prioritise the safety and rights of young people.