Oranga Tamariki Act 1989
Children’s and Young People’s Well-being Act 1989

  • Previous title has changed

Reprint as at 1 July 2019

Coat of Arms of New Zealand

Oranga Tamariki Act 1989

Children’s and Young People’s Well-being Act 1989

Public Act
 
1989 No 24
Date of assent
 
27 May 1989
Commencement
 
see section 1(2)

Act name: replaced, on 14 July 2017, by section 5 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31)

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by Oranga Tamariki—Ministry for Children.

Contents

Title [Repealed]
1Title and commencement
2Interpretation
2ATransitional, savings, and related provisions
2BMeaning of victim
3Act to bind the Crown
4Purposes
4AWell-being and best interests of child or young person
5Principles to be applied in exercise of powers under this Act
6Welfare and interests of child or young person paramount [Repealed]
7Duties of chief executive
7AADuties of chief executive in relation to Treaty of Waitangi (Tiriti o Waitangi)
7ADelegations made under section 41 of State Sector Act 1988 to social workers
7BDelegations made under section 41 of State Sector Act 1988 to persons who are not social workers
7CDelegation of functions and powers conferred by court order or warrant
7DRequirements for delegation to persons who are not social workers
7ESubdelegation of functions and powers by delegates who are not social workers
7FDelegations and subdelegations to be publicly notified
7GImmunity for delegates outside Public Service
8Parents and others to be informed of decisions
9Interpreters
10Duty of court and counsel to explain proceedings
11Child’s or young person’s participation and views
12Duty of health practitioner to minimise distress to child or young person
13Principles
14Definition of child or young person in need of care or protection
14AACircumstances in which child or young person is suffering, or is likely to suffer, serious harm
14AConduct outside New Zealand
15Reporting of concerns to chief executive or constable
16Providing information about safety or well-being of child or young person
17Investigation of report of ill-treatment or neglect of child or young person
18AAAChief executive may make family group conference available in certain circumstances
18Referral of care or protection cases to care and protection co-ordinator or youth justice co-ordinator
18AAssessment of parent of subsequent child
18BPerson described in this section
18CConfirmation of decision not to apply for care or protection order
18DCourt declining to confirm decision
19Referral of care or protection cases to care and protection co-ordinator by other persons or by court
20Convening of family group conferences
21Care and protection co-ordinator to consult family, whanau, or family group on convening of family group conference
22Persons entitled to attend family group conference
23Care and protection co-ordinator to ensure that relevant information and advice made available to family group conference
24Care and protection co-ordinator to ascertain views of persons unable to attend family group conference
25Notification of convening of family group conference
26Procedure at family group conference
27Department to provide administrative services to family group conference
28Functions of family group conference
29Family group conference may make decisions and recommendations and formulate plans
29AContent of plan
30Care and protection co-ordinator to seek agreement to decisions, recommendations, and plans of family group conference
31Procedure where no agreement possible
32Records of decisions, recommendations, and plans of family group conferences to be made available to interested persons
33Department to maintain records of proceedings of family group conferences
34Chief executive to give effect to decisions, recommendations, and plans of family group conference
35Police to comply with decisions, recommendations, and plans of family group conference
36Family group conference to reconvene to review its decisions, recommendations, and plans
37Proceedings of family group conference privileged
38Proceedings of family group conference not to be published
39Place of safety warrants
40Warrant to remove child or young person
41Person executing warrant to produce evidence of authority and identity [Repealed]
42Search without warrant
43Placement of child or young person placed in custody of chief executive
44Parent or guardian may apply for release of or access to child or young person
45Child or young person placed in custody of chief executive to be brought before court within 5 days unless sooner released
46Powers of court where application made under section 44 or child or young person brought before court under section 45
47Report to be furnished to Commissioner where child or young person released before required to be brought before court
48Unaccompanied children and young persons
49Court may order medical examination of child or young person
50Ex parte application for order for medical examination
51Court may impose conditions on order for medical examination
52Health practitioner to prepare report on examination
53Medical examination of child or young person at request of chief executive
54Child or young person entitled to have adult present
55Restrictions on internal examinations and examinations under general anaesthetic
56Health practitioner to prepare report on examination
57Report to chief executive following medical examination
58Fees for reports prepared under section 52 or section 56
59Application for production of documents relevant to investigation of whether child or young person in need of care or protection or assistance under section 17(2A)
60Ex parte application for order for production of document
61Court may order document to be produced
62Section 61 to apply notwithstanding any enactment or rule of law
63Right to remove, retain, and make copies of document produced under section 61
64Document produced under section 61 not to be used for any other purpose
65Use of documents in subsequent proceedings
65APurpose of information sharing and principle for information sharing decisions
66Agencies to supply information
66ADisclosure of information obtained under section 66
66BRestrictions on disclosure of information under section 66A
66CUse and disclosure of personal information relating to child or young person or classes of children or young persons
66DPublic notification of information about combined datasets
66EApplication of sections 66F to 66J
66FDefinitions
66GRequests for information by authorised child welfare and protection agencies or authorised independent persons from other authorised child welfare and protection agencies or authorised independent persons
66HDuty of child welfare and protection agency or independent person receiving request under section 66G
66IWhen request under section 66G may be declined
66JReasons for declining request
66KConsultation to be undertaken when information is requested or proposed to be disclosed under section 66C or 66H
66LPurpose of Code for information sharing
66MConsultation on draft Code by Minister
66NApproval of draft Code by Minister
66OApplication of Legislation Act 2012 to Code
66PAmendments to Code
66QRelationship with other enactments
67Grounds for declaration that child or young person is in need of care or protection [Repealed]
68Application for care or protection order
69Joint applications
70No application for care or protection order to be made unless family group conference has been held
71Court may make care or protection order in absence of proof of responsibility for neglect or ill-treatment of child or young person
72Court not to make care or protection order unless family group conference held
73Court not to make care or protection order unless satisfied that child’s or young person’s need for care or protection cannot be met by other means
74Court may require parties to undergo counselling
75Counsellor to arrange meeting and submit report on outcome
76Fees
77Privilege
78Custody of child or young person pending determination of proceedings or in urgent cases
79Persons who may be granted custody under section 78
80Effect of order made under section 78
81Placement of child or young person under order made under section 78
82Child or young person may be returned to person who previously had care
83Care or protection orders
84Power to make other orders on ground of child’s offending
85Recall to come before court
86Services orders
86AInterim services orders
86BNo services orders in respect of permanent caregivers
87Restraining orders
88Interim restraining orders
89Offence to contravene restraining order or interim restraining order
90When restraining order shall cease to have effect
91Support orders
92Interim support orders
92ARestriction on support orders where there is permanent caregiver
93Duty to provide support
94Duty of chief executive to appoint social worker to provide support [Repealed]
95Conditions of support order or interim support order
96Power of court to impose additional conditions
97Court may impose conditions in respect of parent, guardian, etc, of child or young person
98Court not to impose condition requiring medical treatment without person’s consent
99Person or organisation providing support to child or young person to report to court
100Failure to observe conditions of support order
101Custody orders
102Interim custody orders
103Court may impose conditions to facilitate return of child or young person
104Effect of custody order
105Living arrangements for child or young person placed in custody of chief executive
106Living arrangements where child or young person placed in custody of iwi social service, etc
107Person in whose custody child or young person is placed may determine access rights in absence of court order
108When custody order shall cease to have effect
109Custody to revert on expiry of order
110Guardianship orders
110AAInterim guardianship orders
110AApplication for change of guardianship order
111Person not to be appointed as guardian without consent
112Chief executive may be appointed as guardian for specific purpose
113Court may impose conditions to facilitate return of child or young person
113ASpecial guardianship orders
113BEffect of special guardianship order
114Effect of guardianship order
115Disputes between guardians
116Review of guardian’s decision or refusal to give consent
117When guardianship orders to cease to have effect
118Reversion of guardianship on expiry or discharge of guardianship order
119Guardianship of child or young person on death of person appointed as guardian under this Act
120Restriction on making of guardianship and parenting orders under Care of Children Act 2004
121Court may make orders for access and exercise of other rights by parents and other persons
122Enforcement of access rights
123Power of entry
124Person executing warrant to produce evidence of authority and identity [Repealed]
125Application for variation or discharge of orders made under this Part
126Persons who may apply for variation or discharge of order
126ACourt may direct holding of family group conference to consider application
127Court may vary or discharge order
128Court to obtain and consider plan for child or young person before making certain orders
129Court to direct who is to prepare plan
130Content of plans
131Adjournment for purposes of obtaining plan
132Access to plans
133Court may order plan not to be disclosed
134Court to set date for review of plan
135Review of plan
136Access to reports and revised plans
137Court to consider report and make directions
138Court to set date for further review of plan
139Agreements for temporary care of children and young persons by chief executive, iwi social services, etc
140Agreements for extended care of children and young persons by chief executive, iwi social service, etc
141Agreements for extended care of severely disabled children and young persons [Repealed]
142Agreements with persons providing residential disability care [Repealed]
143All parents or guardians not required to be party to agreement
144Agreement not to be made without consent of child or young person
145Agreement not to be made, extended, or terminated without approval of family group conference
146Form and terms of agreements
147Further restrictions on making of agreements
148Effect of agreements
149Agreement may provide for consent to medical treatment
150Jurisdiction of Family Court
151Jurisdiction of District Court in cases of urgency
152Service of application for care or protection order
153Notice of application for care or protection order to be given to child or young person
154Service of application for variation or discharge of order
155Court may dispense with service
156Court may require party to attend hearing
157Court may require child or young person to attend hearing
158Applications may be heard together
159Appointment of lawyer to represent child or young person in proceedings
160Appointment of lawyer to assist court
161Further provisions relating to appointment under section 159 or 160
162Payment of lawyer appointed under section 159 or 160
163Appointment of lay advocate
164Further provisions relating to lay advocate
165Payment of lay advocate
166Persons entitled to be present at hearing of proceedings in Family Court
167Child or young person may give evidence in private
168Other powers of court to hear proceedings in private or exclude persons not affected
169Right to make representations
170Calling of mediation conference
171Objectives of mediation conference
172Procedure at mediation conference
173Presiding Judge to make record of proceedings at mediation conference
174Power of presiding Judge to make consent orders
175Power to require attendance at mediation conference
176Privilege
177Presiding Judge may hear subsequent proceedings
178Medical, psychiatric, and psychological reports
179Further provisions relating to medical, psychiatric, and psychological examinations
180Fees for reports prepared under section 178
181Court may order examination to be carried out in hospital
182Release of child or young person from hospital where detention no longer required
183Review of order made under section 178 or section 181
184Court may indicate matters to be dealt with in report
185Sections to have effect in place of sections 38 to 44 of Criminal Procedure (Mentally Impaired Persons) Act 2003
186Report by social worker
187Cultural and community reports
188Privilege for reports
189Adjournment for purposes of obtaining report
190Reports may be made orally
191Access to reports
192Court may order report not to be disclosed
193Right to tender evidence on report
194Court may call person making report as witness
195Evidence [Repealed]
196Special provisions applying to disclosure of communications to medical practitioner or clinical psychologist
197Standard of proof
198Special provisions applying to applications for care or protection order on ground of child’s offending
199Power of court to call witnesses
200Court to ensure that application for care or protection order dealt with promptly
201Adjournments
202Orders by consent
203Costs
204Rehearings
205Preventing removal of child or young person from New Zealand
206Offence to take child or young person out of New Zealand where proceedings pending
206ALeave required in certain cases to commence substantially similar proceedings
206BPower to dismiss proceedings
207Vexatious proceedings
207APurpose of Part
207BInterpretation
207CMeaning of protection order
207DChief executive may transfer protection order
207EChief executive to have regard to certain matters
207FConsent required
207GConsultation required
207HConditions and duration of order to be transferred
207INotice of decision to transfer
207JReview of decision to transfer
207KCourt may order transfer of protection order
207LService of application
207MCourt to have regard to certain matters
207NTerms, conditions, and duration of order to be transferred
207OAppeal against order for transfer
207PReview of order for transfer
207QCourt may order transfer of protection proceedings
207RService of application
207SCourt to have regard to certain matters
207TInterim order
207UAppeal against order for transfer
207VReview of order for transfer
207WTransferred proceedings discontinued
207XRegistration of orders and proceedings to be transferred to New Zealand
207YNotice of registration
207ZEffect of registration
207ZACourt to obtain plan for child or young person
207ZBHearing and determination of transferred proceedings
207ZCAboriginal or Torres Strait Islander children or young persons
207ZDApplication to have registration revoked
207ZEService of application
207ZFRevocation of registration
207ZGNotice of revocation
207ZHEffect of revocation on plan and documents
207ZIExpiry and revival of order transferred from New Zealand
207ZJExpiry and revival of ancillary orders
207ZKTransfer of court file
207ZLDisclosure of information to interstate officer
207ZMInformation disclosed to chief executive by interstate officer
207ZNDepartment not to disclose information identifying notifier
207ZOWritten consent of interstate officer
208Principles
208AChild or young person subject to youth justice jurisdiction only until allegations of offending dealt with
209Consideration of warning as alternative to prosecution
210Administration of warning
211Formal Police caution
212Notice of warning or caution
213Evidence of warnings and formal Police cautions and of offences to which they relate not admissible in criminal proceedings
214Arrest of child or young person without warrant
214AArrest of child or young person in breach of bail condition
214BArrest of person aged 17 years released on bail by District Court or High Court
215Child or young person to be informed of rights before questioned by enforcement officer
215ARights to be explained to child or young person on request
216Enforcement officer to explain rights to child or young person who is to be charged with offence
217Rights to be explained to child or young person who is arrested
218Explanations to be given in manner and language appropriate to age and level of understanding of child or young person
219Explanations not required if child or young person already informed of rights
220Other enactments requiring information or particulars not affected
221Admissibility of statements made by children and young persons
222Persons who may be nominated for the purposes of section 221(2)(b) or (c)
223Section 221 not to apply where statement made before requirements of that section can be met
224Reasonable compliance sufficient
225Other enactments relating to admissibility of statements or confessions, or requiring information or particulars to be given, not affected
226Evidence of communications during consultation not admissible
227Child or young person at enforcement agency office for questioning in relation to commission or possible commission of offence or arrested entitled to consult with barrister or solicitor
228Entitlement of child or young person to consult with barrister or solicitor where taken to hospital following arrest or questioned at hospital
229Parents or guardians or other persons to be informed where child or young person at enforcement agency office for questioning in relation to commission or possible commission of offence or is arrested
230Evidence of communications during visit not admissible
231Persons who may be nominated for the purposes of section 229(1)(a)
232Notice of offence with which child or young person charged to be given to parents or guardians or other persons having care of child or young person
233Breath-alcohol and blood-alcohol provisions of Land Transport Act 1998 not affected
234Custody of child or young person following arrest
235Child or young person who is arrested may be placed in custody of chief executive
236Young person who is arrested may be detained in Police custody
237Child or young person who is arrested to be brought before court as soon as possible
238Custody of child or young person pending hearing
239Restrictions on power of court to order child or young person to be detained in custody
239AExpiry of sections 238(1A) to (1C), and 239(3)
240Conditions of bail
241Review of orders made under section 238
242Order under section 238 sufficient authority for detention of child or young person
243Other powers to grant bail not affected
244Immigration Act 2009 (other than sections 342 to 354) not affected
245Proceedings not to be instituted against young person unless youth justice co-ordinator consulted and family group conference held
246Procedure where young person arrested and brought before court
247Youth justice co-ordinator to convene family group conference
247AFamily group conference not required, suspended, or discontinued when charges include Schedule 1A offence and non-Schedule 1A offence
248Family group conference not required in certain cases
248AChief executive to appoint youth advocate to represent child or young person if offence punishable by imprisonment of 10 years or more
249Time limits for convening of family group conferences
250Consultation on convening of family group conference
251Persons entitled to attend family group conference
252Child or young person in custody to be permitted to attend family group conference
253Notification of convening of family group conference
254Youth justice co-ordinator to ascertain views of persons unable to attend family group conference
255Youth justice co-ordinator must ensure that relevant information and advice made available to family group conference
256Procedure at family group conference
257Department to provide administrative services to family group conferences
258Functions of family group conference
259Family group conference to ascertain whether child or young person admits offence
259AFamily group conference must consider attendance at parenting education, mentoring, and alcohol or drug rehabilitation programmes
260Family group conference may make decisions and recommendations and formulate plans
261Family group conference may make decisions, recommendations, and plans relating to care or protection of child or young person
262Youth justice co-ordinator to make record of decisions, recommendations, and plans of family group conference
263Youth justice co-ordinator to seek agreement to decisions, recommendations, and plans of family group conference
264Procedure where no agreement possible
265Records of decisions, recommendations, and plans of family group conference to be made available to interested persons
266Department to maintain records of proceedings of family group conferences
267Enforcement agencies to comply with decisions, recommendations, and plans of family group conference
268Chief executive to give effect to decisions, recommendations, and plans of family group conference
269Chief executive may provide financial assistance to enable decisions, etc, of family group conference to be carried out
269AChief executive to ascertain whether victims wish to be informed of progress in implementing decisions, recommendations, and plans
270Family group conference may reconvene to review its decisions, recommendations, and plans
271Proceedings of family group conference privileged and not to be published
272Jurisdiction of Youth Court and children’s liability to be prosecuted for criminal offences
272AModifications and procedure for child aged 12 or 13 years charged with offence in section 272(1)(b) or (c)
273Manner of dealing with offences (other than murder or manslaughter)
274Young person may elect trial by jury in certain cases
275Manner of dealing with offence of murder or manslaughter, or Schedule 1A offence, or where jury trial to be held
276Child or young person may forgo right to jury trial and elect to have proceedings determined by Youth Court
276AAYouth Court determination whether charge related to charge for Schedule 1A offence
276ABTransfer of related charge to District Court or High Court
276ACHearing of related charge when guilty plea to charge for Schedule 1A offence
276ATransfer of proceeding back to Youth Court
277Provisions applicable where child, young person, or adult jointly charged
277APlace and level of trial court for jury trial
278Parent or guardian may be summoned to appear when young person charged with offence
279Court to consider recommendations of family group conference
280Court may refer case to care and protection co-ordinator to determine whether matter should be dealt with under Part 2
280ACourt may refer case to person who commenced proceeding to be dealt with as child offending care or protection proceeding under Part 2
281Court not to make orders unless family group conference held
281ACourt to consider whether family group conference should be held
281BCourt may direct holding of family group conference at any time
282Power of court to discharge charge
283Hierarchy of court’s responses if charge against young person proved
284Factors to be taken into account on sentencing
285Restrictions on power of court to make certain orders under section 283
286Person or organisation not to be required to supervise young person without consent
286AParenting education, mentoring, or alcohol or drug rehabilitation programme order: general requirement for provider to have first agreed to provide programme concerned, and making of order subject to conditions
287Reparation limited to direct loss
288Order in respect of parent or guardian or other person having care not to be made without first informing of proposal to make order and giving opportunity to make representations
289Court must impose least restrictive outcome adequate in circumstances
290Judge must record in writing reasons for supervision with residence or transfer order
290ARestriction on who may provide residential component of specified programme or activity
291Transfer of other charges to District Court or High Court for sentence
292Whole or part of fine may be awarded to victim of offence suffering physical or emotional harm [Repealed]
293Effect of order imposing fine or requiring payment of compensation or restitution or forfeiture of property
293ADisqualification from driving
294Demerit points
295Recall to come before court
296Expiry of orders
296AOrders to which sections 296B and 296E apply
296BFailure to comply
296CWarrant to have young person arrested and brought before court
296DExecution of warrant under section 296C
296EVariation and cancellation
296FInterim suspension order
296GIntensive supervision order in response to young person’s non-compliance with judicially monitored condition of supervision or supervision with activity order
296HDuty of chief executive to provide supervision under intensive supervision order
296IConditions of intensive supervision order
296JAdditional conditions imposing curfew with or without electronic monitoring of compliance
296KElectronic monitoring
296LPowers to detain and return, and arrest, young person breaching curfew condition
296MReview of intensive supervision order
297Powers of court in dealing with young person subject to order made under this Part
297AWritten statements of terms, and how court may respond to failures to comply
297BNature of programmes, who may consent to medical treatment, and related custody orders
298Community work order
299Failure to comply with community work order [Repealed]
300Variation or cancellation of community work order [Repealed]
301Procedural provisions relating to application under section 300 [Repealed]
302Application of Accident Compensation Act 2001 to young persons performing work under community work order
303Effect of subsequent sentence
304Duty of chief executive to provide supervision
305Conditions of supervision order
306Power of court to impose additional conditions
307Supervision with activity order
308Conditions of supervision with activity order
308AJudicial monitoring of compliance with conditions of supervision or supervision with activity order
308BEffect of judicial monitoring direction
308CProgress reports
309Failure to observe conditions of supervision order or supervision with activity order [Repealed]
310Suspension, cancellation, and variation of supervision order or supervision with activity order [Repealed]
311Supervision with residence order
312Effect of supervision with residence order
313Court may make orders for access and exercise of other rights by parents and other persons
314Court must in certain cases release young person from custody before expiry of supervision with residence order
315Supervision with residence order to cease to run if young person absconds
316Court may cancel supervision with residence order if young person absconds or fails to comply with order
317When supervision with residence order ceases to have effect
318Search without warrant
319Medical treatment of young person in custody of chief executive
319AOrders must be reviewed
320Report to be made to court on effectiveness of certain orders
321Application of Acts relating to bail, criminal disclosure, criminal procedure, victims’ rights, and District Court
322Time for instituting proceedings
323Appointment of youth advocate to represent child or young person
324Further provisions relating to youth advocate
325Payment of youth advocate
326Appointment of lay advocate
327Functions of lay advocate
328Further provisions relating to lay advocate
328APayment of lay advocate
329Persons entitled to be present at hearing
330Right to make representations in Youth Court
331Matters before court to be dealt with separately
332Arrangements for hearing of proceedings in Youth Court
333Medical, psychiatric, and psychological reports
334Report by social worker
335Report to be accompanied by plan
336Court may obtain cultural or community report
337Reports may be made orally
338Privilege for reports
339Access to reports and plans under this Part
340Written statement of terms of certain orders to be given to young person
341Rights of appeal against decisions of Family Court
342Procedure for bringing appeal [Repealed]
343Notice of appeal to be given to local principal manager
344Notice of appeal not to affect orders unless court otherwise directs
345Interim custody order pending appeal
346Procedure on appeal
347Appeal to Court of Appeal
348Determination of appeals
349Court may refer appeals back for reconsideration [Repealed]
350Decision of High Court and Family Court to be sent to chief executive
351Appeals from decisions of Youth Court by young person
352Appeal by parents or guardians or other persons having care of young person
353Appeal by persons other than young person dealt with in Youth Court
354Appeal on a point of law only
355Application of Part 6 of Criminal Procedure Act 2011
356Effect of notice of appeal on certain orders
357Application of section 329 to hearing of appeal
358Presence of young person at hearing of appeal
359Presence of parents at hearing of appeal from decisions of Youth Court
360Notification of appeal and result of appeal to local principal manager
361Application of sections 362, 364, 365, 387, 390 to 392, 394, and 395
362Children and young persons may be placed in care of approved persons
363Payment to person or organisation providing care
364Authority to establish residences
364AResidence management committees [Repealed]
364BFunctions of residence management committees [Repealed]
365Chief executive may place children and young persons in residences
366Closing of residences and transfer of residents
367Secure care
368Grounds for placement in secure care
369Notice to be given where child or young person placed in secure care
370Time limits on detention in secure care
371Application for approval for continued detention in secure care
372Registrar may authorise continued detention in secure care until application is determined
373Persons entitled to be present at hearing of application under section 371
374Right to make representations
375Hearing to be held in residence wherever practicable
376Court may authorise continued detention in secure care
377Renewal of approval for continued detention in secure care
378Notification of decision of court
379Review of decision to grant or renew approval
380Application for review of detention in secure care
381Notice of application for review of detention in secure care
382Disposal of application for review of detention in secure care
383Review of refusal of application
383ALapse of authority for detention in secure care
384Discipline of children and young persons in residences
384AInterpretation
384BInspection of mail
384CChild or young person may be searched to detect unauthorised items
384DUse of dogs for searching
384EChild or young person may be strip searched
384FExplanation of purpose and consequences of inspections and searches
384GRestrictions on searches
384HUse of force in carrying out search
384IRecording of inspections and searches
384JChild or young person may make complaint
384KPower to seize articles, etc, found on inspection or search
385Children and young persons who abscond
386Search warrants
386AAAInterpretation
386AABPurposes
386AACPrinciples to be applied when assisting young person to move to independence
386AADYoung persons entitled to live with caregiver up to age of 21 years
386AAEProviding support to young persons to negotiate support arrangements and monitoring of support arrangements
386AAFRole of caregivers under support arrangements
386AAGFinancial assistance for support arrangements
386AAdvice and assistance for young persons up to age of 25 years
386BProvision of advice and assistance by chief executive
386CChief executive to maintain contact with young persons up to age of 21 years
387Chief executive empowered to make payments for benefit of children and young persons
388Financial and other assistance in respect of children and young persons subject to orders made under this Act
388AFinancial and other assistance to permanent caregivers
389Financial assistance in other cases
389AReview of decisions about financial or other assistance to permanent caregivers
389BAppeal against decisions about financial or other assistance to permanent caregivers
390Power to control finances of young persons under guardianship or in custody
391Imposition of charge to meet expenses of providing care for children and young persons
392Manager may be appointed under Protection of Personal and Property Rights Act 1988 to manage property of children and young persons subject to guardianship or custody order
[Repealed]
393Recovery of cost of maintenance of children and young persons in care [Repealed]
394Limitation on tortious liability of chief executive and other persons having care of child or young person
395Police to be notified of deaths
395AVictims to be notified of deaths
396Approval of iwi social services, cultural social services, and child and family support services
397Restrictions on granting of approval
398Chief executive not to decline application without giving applicant opportunity to make submissions
399Revocation of approval
400Assessment of iwi social services, etc
401Powers of persons carrying out assessment of iwi social service, etc
402Convener of iwi social service or cultural social service to have power of decision for purposes of this Act
403Approval of community services
404Chief executive not to decline application without giving applicant opportunity to make submissions
405Revocation of approval
406Financial assistance to community services
407Chief executive may contract with community services for provision of services
408Assessment of community services
409Powers of person carrying out assessment of community service
[Repealed]
410Commissioner for Children [Repealed]
411Functions of Commissioner [Repealed]
412Powers of Commissioner [Repealed]
413Commissioner may regulate own procedure [Repealed]
414Commissioner not to make adverse comment unless opportunity to be heard given [Repealed]
415Annual report [Repealed]
416Appointment of Commissioner [Repealed]
417Term of office and conditions of employment of Commissioner [Repealed]
418Removal from office [Repealed]
419Superannuation or retiring allowances [Repealed]
420Proceedings privileged [Repealed]
421Commissioner deemed to be official [Repealed]
422Money to be appropriated by Parliament for purposes of this Part [Repealed]
423Appointment of care and protection co-ordinators
424Duties of care and protection co-ordinator
425Appointment of youth justice co-ordinators
426Duties of youth justice co-ordinator
427Delegation of functions of care and protection co-ordinator or youth justice co-ordinator to social worker
428Care and protection resource panels
429Functions of care and protection resource panels
430Care and protection resource panels may regulate own procedure
431Annual report
432Fees and allowances
433Establishment of Youth Court
434Principal Youth Court Judge
435Designation of Youth Court Judges
435AStationing of Judges and sittings of courts
436District Court Judge may exercise jurisdiction in absence of Youth Court Judge
437Notice of proceedings and orders to be given to parents or guardians or other persons having care of child or young person
437APublication of reports of proceedings under Part 2, Part 3A, or section 371
438Publication of reports of proceedings under Part 4
439Proceedings not invalid because of mistake as to age
440Proceedings not to be questioned for want of form
441Court may determine age of child or young person in absence of evidence
442No court fees payable
443Issue and execution of warrants
444Liability of persons providing reports
445Witnesses expenses
445APerson executing warrant to produce evidence of authority and identity
445BAuthority to use facsimile copy of warrant
445CIssue and execution of warrants
445DCertain provisions of Search and Surveillance Act 2012 apply to some warrants
445ELimit on proceedings
445FLimitation on liability
446Offences
446AChildren and young persons to whom section 446B applies
446BOffences available if child or young person is subject of certain protection orders or proceedings under Part 3A
447Regulations
447AMinister to appoint independent persons to monitor compliance with prescribed standard of care
448Rules of procedure
448ATransitional provisions relating to rules
448BPeriodic review of legislation, government policy, and other arrangements
449Consequential amendments
450Adoption Act 1955 amended
451Department of Social Welfare Act 1971 consequentially amended [Repealed]
452Local Government Act 1974 consequentially amended [Repealed]
453Summary Offences Act 1981 amended
454Criminal Justice Act 1985 amended
455Child Care Regulations 1985 consequentially amended
456Repeals and savings
456APurpose and application
457Complaints [Repealed]
458Informations [Repealed]
459Guardianship orders [Repealed]
460Plans and reports to be furnished to court in respect of orders deemed to be guardianship orders under this Act [Repealed]
461Review of orders deemed to be guardianship orders under this Act [Repealed]
462Applications for review of guardianship orders [Repealed]
463Supervision orders [Repealed]
464Applications for review of supervision orders [Repealed]
465Complaints for failure to observe conditions of supervision order [Repealed]
466Agreements for control of child or young person by the Director-General [Repealed]
467Homes registered or deemed to be registered under Part 9 of Children and Young Persons Act 1974 [Repealed]
467ABuilding Act 2004
468Agreements for assumption of care of child or young person by manager of home or recognised system of foster care [Repealed]
469Administration of property by Public Trustee [Repealed]
Reprint notes
Title [Repealed]

Title: repealed, on 14 July 2017, by section 4 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

 
1 Title and commencement

(1)

This Act may be cited as—

(a)

the Oranga Tamariki Act 1989; or

(b)

the Children’s and Young People’s Well-being Act 1989.

(2)

This Act shall come into force on 1 November 1989.

Section 1 heading: amended, on 14 July 2017, by section 6(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 1(1): replaced, on 14 July 2017, by section 6(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

care and protection co-ordinator means a care and protection co-ordinator appointed by the chief executive pursuant to section 423

care and protection resource panel means a care and protection resource panel established pursuant to section 428

care or protection order means 1 or more of the following:

(a)

an interim custody order described in section 78(1) or (1A):

(b)

an order described in section 83(1)(a):

(c)

an order described in section 83(1)(b):

(d)

an order described in section 83(1)(c):

(e)

a services order under section 86:

(f)

an interim services order under section 86A:

(g)

a restraining order under section 87:

(h)

an interim restraining order under section 88:

(i)

a support order under section 91:

(j)

an interim support order under section 92:

(k)

a custody order under section 101:

(l)

an order under section 110 appointing a guardian of a child or young person:

(m)

an interim guardianship order under section 110AA

chief executive means, subject to any enactment, the person holding office as the chief executive of the department

child means a person under the age of 14 years

child abuse means the harming (whether physically, emotionally, or sexually), ill-treatment, abuse, neglect, or deprivation of any child or young person

child and family support service means any organisation or body approved by the chief executive as a child and family support service pursuant to section 396(3)

child welfare and protection agency means—

(a)

the department:

(b)

the Department of Corrections:

(c)

the Ministry of Health:

(d)

the Ministry of Social Development:

(e)

the Ministry of Education:

(f)

the Ministry of Justice:

(g)

the New Zealand Police:

(h)

Housing New Zealand Corporation:

(i)

every registered community housing provider (as defined in section 2(1) of the Housing Restructuring and Tenancy Matters Act 1992):

(j)

every DHB:

(k)

every school board (as defined in section 15(1) of the Children’s Act 2014):

(l)

every early childhood service (as defined in section 309 of the Education Act 1989):

(m)

any person, body, or organisation that provides regulated services (as specified in Schedule 1 of the Children’s Act 2014):

(n)

any organisation or class of organisation designated as a child welfare and protection agency by regulations made under section 447(1)(ga)(i)

Commissioner means the Children’s Commissioner continued under section 6 of the Children’s Commissioner Act 2003

community service means any service approved by the chief executive as a community service pursuant to section 403

convene, in relation to a family group conference, means to take the appropriate steps under sections 20 and 25 (in the case of a family group conference authorised or required under Part 2) or under sections 247 and 253 (in the case of a conference authorised or required under Part 4) in order to cause the conference to meet; and reconvene has a corresponding meaning

court, in relation to Parts 2, 3, and 3A, means the Family Court, and in relation to Parts 4 and 5, means the Youth Court

cultural social service means any incorporated body approved by the chief executive as a cultural social service pursuant to section 396(2)

custody means the right to possession and care of a child or young person

delegate includes a subdelegate

department means the department that is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act

DHB means an organisation established as a DHB (that is to say, as a district health board) by or under section 19 of the New Zealand Public Health and Disability Act 2000

document means a document in any form; and includes—

(a)

any writing on any material:

(b)

any information recorded or stored by means of any tape-recorder, computer, or other device; and any material subsequently derived from information so recorded or stored:

(c)

any label, marking, or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means:

(d)

any book, map, plan, graph, or drawing:

(e)

any photograph, film, negative, tape, or other device in which 1 or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced

enforcement agency means—

(a)

the New Zealand Police:

(b)

any department (as defined in section 2(1) of the State Sector Act 1988):

(c)

a local authority

enforcement agency office means—

(a)

a Police station:

(b)

any premises occupied by—

(i)

any department (as defined in section 2(1) of the State Sector Act 1988):

(ii)

any local authority

enforcement officer means—

(a)

any constable:

(b)

an enforcement officer (as defined in section 2(1) of the Land Transport Act 1998):

(c)

any person acting in the course of their official duties (being duties that consist of or include the detection, investigation, or prosecution of offences) as an officer or employee of—

(i)

the Public Service (as defined in section 2(1) of the State Sector Act 1988); or

(ii)

a local authority

ex parte application means an application made without notice to the respondent to the application

family group, in relation to a child or young person, means a family group, including an extended family,—

(a)

in which there is at least 1 adult member—

(i)

with whom the child or young person has a biological or legal relationship; or

(ii)

to whom the child or young person has a significant psychological attachment; or

(b)

that is the child’s or young person’s whanau or other culturally recognised family group

family group conference,—

(a)

in relation to Part 2, means a meeting convened or reconvened by a care and protection co-ordinator in accordance with section 20:

(b)

in relation to Part 4, means a meeting convened or reconvened by a youth justice co-ordinator in accordance with section 247 or section 270 or section 281 or section 281B

family resource centre means any premises that provide temporary accommodation for a child or young person and any person who has the care of that child or young person, where that accommodation is provided as part of a programme designed to provide assistance to that person

guardianship has the meaning given to it by section 15 of the Care of Children Act 2004; and guardian has a corresponding meaning, and includes, without limitation, a person who is a guardian by virtue of this Act

health practitioner has the same meaning as in section 5 of the Health Practitioners Competence Assurance Act 2003

held, in relation to information, includes—

(a)

deemed, for the purposes of the Official Information Act 1982, to be held (see section 2(4) and (5) of that Act):

(b)

held by officers or employees or members of organisations or entities that are not subject to the Official Information Act 1982

hospital has the same meaning as in section 2(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992

independent person means—

(a)

a practitioner registered under the Health Practitioners Competence Assurance Act 2003 who provides health or disability support services:

(b)

a children’s worker (as defined in section 23(1) of the Children’s Act 2014):

(c)

a person or class of persons designated as an independent person by regulations made under section 447(1)(ga)(ii)

iwi authority means the authority that represents an iwi and that is recognised by the iwi as having authority to do so

iwi social service means any incorporated body approved by the chief executive as an iwi social service pursuant to section 396(1)

lay advocate does not include any person who is a barrister or solicitor

mana tamaiti (tamariki) means the intrinsic value and inherent dignity derived from a child’s or young person’s whakapapa (genealogy) and their belonging to a whānau, hapū, iwi, or family group, in accordance with tikanga Māori or its equivalent in the culture of the child or young person

medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

Minister means, subject to any enactment, the Minister who is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act

near relative means a grandparent, aunt, uncle, brother, or sister; and includes a brother or sister of the half-blood as well as of the full-blood

non-Schedule 1A offence means an offence that is not specified in Schedule 1A and that is within the jurisdiction of the Youth Court

parent, in relation to a child, includes a step-parent of the child, but only if the step-parent shares responsibility for the day-to-day care of the child with a parent of the child

permanent caregiver, in relation to a child or young person, means—

(a)

a special guardian; or

(b)

a person—

(i)

appointed as a guardian of the child or young person under section 27 of the Care of Children Act 2004, where that appointment was made in substitution for an order under section 78, 101, or 110 of this Act, or for an agreement under section 140 of this Act; and

(ii)

who has the day-to-day care of the child or young person pursuant to a parenting order made under section 48 of the Care of Children Act 2004 or because there is no other guardian who has the day-to-day care of the child or young person

psychologist means a health practitioner who is, or is deemed to be, registered with the Psychologists Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of psychology

related charge means a charge for a non-Schedule 1A offence that the Youth Court has determined under section 276AA(4) to be related to a charge for a Schedule 1A offence

residence

(a)

means any residential centre, family home, group home, foster home, family resource centre, or other premises or place, approved or recognised for the time being by the chief executive as a place of care or treatment for the purposes of this Act; and

(b)

includes any place of care or treatment, so approved, whether administered by the Crown or not; but

(c)

does not include—

(i)

a prison; or

(ii)

a hospital or a facility within the meaning of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003; or

(iii)
[Repealed]

(iv)

a children’s health camp operated by Children’s Health Camps—The New Zealand Foundation for Child and Family Health and Development

Schedule 1A offence means an offence specified in Schedule 1A

secure care, in relation to a child or young person in a residence established under section 364, means containment in that residence within a locked room or enclosure with visible physical barriers

social worker means a person employed under Part 5 of the State Sector Act 1988 in the department as a social worker

special guardian means a guardian of a child or young person appointed under section 110 who is appointed as a special guardian under section 113A

subsequent child means a child, born or unborn, who has a parent who is a person described in section 18B

tikanga Māori means Māori customary law and practices

traffic offence means—

(a)

any offence against the Road User Charges Act 2012, the Land Transport Act 1998, or the Land Transport Management Act 2003 or against any regulation, rule, or bylaw made under any of those Acts:

(b)

any offence against any regulation, rule, or bylaw made under any other Act if the offence relates to the use of motor vehicles or parking places or transport stations

UNCROC means the United Nations Convention on the Rights of the Child

victim has the meaning given in section 2B

well-being, in relation to a child or young person, includes the welfare of that person

whakapapa, in relation to a person, means the multi-generational kinship relationships that help to describe who the person is in terms of their mātua (parents), and tūpuna (ancestors), from whom they descend

whanaungatanga, in relation to a person, means—

(a)

the purposeful carrying out of responsibilities based on obligations to whakapapa:

(b)

the kinship that provides the foundations for reciprocal obligations and responsibilities to be met:

(c)

the wider kinship ties that need to be protected and maintained to ensure the maintenance and protection of their sense of belonging, identity, and connection

working day means a day of the week other than—

(a)

Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and Waitangi Day; and

(ab)

if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

(b)

a day in the period commencing with 25 December in a year and ending with 15 January in the following year; and

(c)

in relation to a requirement to file a document with any court or to supply a document before a sitting of any court,—

(i)

the day observed as the anniversary of the province in which the court is situated; and

(ii)

any other day that is observed by the court as a court holiday

young person means a person of or over the age of 14 years but under 18 years and also has an extended meaning that includes some young adults for certain purposes under section 386AAA

youth advocate means a barrister or solicitor appointed under section 248A or 323 to represent a child or young person

youth justice co-ordinator means a youth justice co-ordinator appointed by the chief executive pursuant to section 425

youth justice residence has the same meaning as in section 365(4).

(1A)

In this Act, any reference to the chief executive includes a person who is a delegate of the chief executive or a subdelegate of that delegate irrespective of whether the provision in which the chief executive is referred to contains a reference to a delegate of the chief executive.

(2)

Where any proceedings are being considered or have been taken in respect of any offence allegedly committed by a person when that person was a child or young person, the age of that person at the date of the alleged offence shall be that person’s age for the purpose of—

(a)

whether there is jurisdiction to take any proceedings in respect of that alleged offence, and, subject to paragraph (d), which court has jurisdiction in respect of proceedings that may be taken; and

(b)

the proceedings taken,—

but nothing in this subsection shall—

(c)

require or authorise any family group conference in respect of the alleged offence before or at any stage of the proceedings if, at the time the conference would otherwise be required, that person has attained the age of 19 years; or

(d)

require any proceedings to be taken in the Youth Court if, at the time the charging document is filed, that person has attained the age of 19 years; or

(e)

derogate from the provisions of section 6 of the Sentencing Act 2002 (which shall apply in respect of proceedings under Part 4 as if the proving of a charge was a conviction).

(3)

Where any charging document is filed in the District Court pursuant to subsection (2)(d), section 322 shall apply, with all necessary modifications, to the proceedings.

(4)

Where any proceedings have been taken under Part 2 in respect of any alleged incident, the age of any child or young person at the date of the alleged incident shall be that person’s age for the purpose of the proceedings.

Compare: 1974 No 72 s 2; 1981 No 113 s 50(4); 1982 No 135 s 2; 1983 No 129 s 2

Section 2(1) care and protection co-ordinator: amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 2(1) care or protection order: inserted, on 1 July 2019, by section 7(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 2(1) chief executive: inserted, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 2(1) child: replaced, on 14 July 2017, by section 7(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 2(1) child abuse: inserted, on 8 January 1995, by section 2(1) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 2(1) child and family support service: amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 2(1) child welfare and protection agency: inserted, on 1 July 2019, by section 7(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 2(1) Commissioner: replaced, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 2(1) community service: amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 2(1) convene: inserted, on 8 January 1995, by section 2(2) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 2(1) court: amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 2(1) court: amended, on 1 November 1999, by section 6 of the Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).

Section 2(1) Cultural Authority: repealed, on 8 January 1995, by section 2(3) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 2(1) cultural social service: inserted, on 8 January 1995, by section 2(3) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 2(1) cultural social service: amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 2(1) delegate: inserted, on 1 July 2019, by section 7(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 2(1) department: replaced, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 2(1) DHB: inserted, on 1 July 2019, by section 7(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 2(1) Director-General: repealed, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 2(1) enforcement officer paragraph (a): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 2(1) enforcement officer paragraph (b): replaced, on 1 March 1999, by section 215(1) of the Land Transport Act 1998 (1998 No 110).

Section 2(1) enforcement officer paragraph (c): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 2(1) family group conference paragraph (b): amended, on 8 January 1995, by section 2(4) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 2(1) guardianship: amended, on 1 July 2014, by section 6(2) of the KiwiSaver (Vulnerable Children) Amendment Act 2014 (2014 No 42).

Section 2(1) guardianship: amended, on 1 July 2005, by section 151 of the Care of Children Act 2004 (2004 No 90).

Section 2(1) health practitioner: inserted, on 31 January 2018, by section 4(1) of the Children, Young Persons, and Their Families Amendment Act (No 2) 2016 (2016 No 75).

Section 2(1) held: inserted, on 1 July 2019, by section 7(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 2(1) hospital: inserted, on 31 January 2018, by section 4(1) of the Children, Young Persons, and Their Families Amendment Act (No 2) 2016 (2016 No 75).

Section 2(1) independent person: inserted, on 1 July 2019, by section 7(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 2(1) indictable offence: repealed, on 1 July 2013, by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).

Section 2(1) iwi authority: inserted, on 1 July 2019, by section 7(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 2(1) iwi social service: inserted, on 8 January 1995, by section 2(5) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 2(1) iwi social service: amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 2(1) mana tamaiti (tamariki): inserted, on 1 July 2019, by section 7(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 2(1) medical practitioner: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) Minister: replaced, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 2(1) near relative: amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 2(1) non-Schedule 1A offence: inserted, on 1 July 2019, by section 4 of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

Section 2(1) parent: replaced, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 2(1) permanent caregiver: inserted, on 30 June 2016, by section 4 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).

Section 2(1) psychiatric hospital: repealed, on 31 January 2018, by section 4(2) of the Children, Young Persons, and Their Families Amendment Act (No 2) 2016 (2016 No 75).

Section 2(1) psychologist: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) purely indictable offence: repealed, on 1 July 2013, by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).

Section 2(1) related charge: inserted, on 1 July 2019, by section 4 of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

Section 2(1) residence paragraph (a): amended, on 1 October 2010, by section 5 of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).

Section 2(1) residence paragraph (a): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 2(1) residence paragraph (c)(i): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 2(1) residence paragraph (c)(ii): replaced, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

Section 2(1) residence paragraph (c)(ii): amended, on 31 January 2018, by section 4(3) of the Children, Young Persons, and Their Families Amendment Act (No 2) 2016 (2016 No 75).

Section 2(1) residence paragraph (c)(iii): repealed, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 2(1) residence paragraph (c)(iv): amended, on 1 April 2000, by section 8 of the Children’s Health Camps Board Dissolution Act 1999 (1999 No 141).

Section 2(1) Schedule 1A offence: inserted, on 1 July 2019, by section 4 of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

Section 2(1) Social Welfare District or District: repealed, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 2(1) social worker: replaced, on 1 April 1990, by section 35(1)(d) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

Section 2(1) social worker: amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 2(1) special guardian: inserted, on 30 June 2016, by section 4 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).

Section 2(1) subsequent child: inserted, on 30 June 2016, by section 4 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).

Section 2(1) summary offence: repealed, on 1 July 2013, by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).

Section 2(1) tikanga Māori: inserted, on 1 July 2019, by section 7(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 2(1) traffic offence: replaced, on 23 July 2011, by section 4 of the Children, Young Persons, and Their Families Amendment Act 2011 (2011 No 33).

Section 2(1) traffic offence paragraph (a): amended, on 1 August 2012, by section 94 of the Road User Charges Act 2012 (2012 No 1).

Section 2(1) UNCROC: inserted, on 1 July 2019, by section 7(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 2(1) victim: replaced, on 6 December 2014, by section 4 of the Children, Young Persons, and Their Families Amendment Act 2014 (2014 No 36).

Section 2(1) well-being: inserted, on 1 July 2019, by section 7(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 2(1) whakapapa: inserted, on 1 July 2019, by section 7(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 2(1) whanaungatanga: inserted, on 1 July 2019, by section 7(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 2(1) working day: replaced, on 1 November 1999, by section 6 of the Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).

Section 2(1) working day paragraph (ab): inserted, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).

Section 2(1) young person: replaced, on 1 July 2019, by section 7(4) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 2(1) youth advocate: replaced, on 1 July 2019, by section 7(5) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 2(1) youth justice co-ordinator: amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 2(1) youth justice residence: inserted, on 1 July 2019, by section 7(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 2(1A): inserted, on 1 April 2017, by section 4(2) of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 2(2): replaced, on 8 January 1995, by section 2(6) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 2(2)(c): amended, on 1 July 2019, by section 7(6) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 2(2)(d): amended, on 1 July 2019, by section 7(6) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 2(2)(d): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 2(2)(d): amended, on 1 July 2013, by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).

Section 2(2)(e): amended, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).

Section 2(3): inserted, on 8 January 1995, by section 2(6) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 2(3): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 2(3): amended, on 1 July 2013, by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).

Section 2(4): inserted, on 8 January 1995, by section 2(6) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

2A Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.

Section 2A: replaced, on 1 April 2017, by section 5 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

2B Meaning of victim

(1)

In this Act, victim means—

(a)

a person against whom an offence is committed by a child or young person:

(b)

a person who, through, or by means of, an offence committed by a child or young person, suffers physical injury or loss of, or damage to, property:

(c)

a parent or guardian of a child or young person who is a victim within the meaning of paragraph (a) or (b), unless that parent or guardian is—

(i)

the child or young person charged with the commission of the offence concerned:

(ii)

the child or young person against whom a charge in respect of the offence has been proved before the Youth Court:

(d)

a member of the immediate family of a person who, as a result of an offence committed by a child or young person, dies or is incapable, unless that member is—

(i)

the child or young person charged with the commission of the offence concerned:

(ii)

the child or young person against whom a charge in respect of the offence has been proved before the Youth Court.

(2)

If an offence is committed by a child or young person then, despite subsection (1), victim does not include—

(a)

any other person against whom (whether as a principal or party or accessory after the fact or otherwise)—

(i)

that offence is proved before the Youth Court; or

(ii)

an offence relating to the same incident or series of incidents as that offence is proved before the Youth Court; or

(b)

any other person who (whether as principal or party or accessory after the fact or otherwise)—

(i)

is charged with the commission of, or convicted or found guilty of, that offence; or

(ii)

is charged with the commission of, or convicted or found guilty of, an offence relating to the same incident or series of incidents as that offence.

(3)

For the purposes of the definition of victim in subsection (1),—

immediate family and incapable have the meanings given in section 4 of the Victims’ Rights Act 2002

offence includes an alleged offence.

Section 2B: inserted, on 6 December 2014, by section 5 of the Children, Young Persons, and Their Families Amendment Act 2014 (2014 No 36).

Section 2B(1)(c)(ii): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 2B(1)(d)(ii): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 2B(2)(a)(i): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 2B(2)(a)(ii): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

3 Act to bind the Crown

This Act binds the Crown.

Part 1 Purposes, principles, and duties

Part 1 heading: amended, on 1 July 2019, by section 8 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Purposes

Heading: replaced, on 1 July 2019, by section 9 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

4 Purposes

(1)

The purposes of this Act are to promote the well-being of children, young persons, and their families, whānau, hapū, iwi, and family groups by—

(a)

establishing, promoting, or co-ordinating services that—

(i)

are designed to affirm mana tamaiti (tamariki), are centred on children’s and young persons’ rights, promote their best interests, advance their well-being, address their needs, and provide for their participation in decision making that affects them:

(ii)

advance positive long-term health, educational, social, economic, or other outcomes for children and young persons:

(iii)

are culturally appropriate and competently provided:

(b)

supporting and protecting children and young persons to—

(i)

prevent them from suffering harm (including harm to their development and well-being), abuse, neglect, ill treatment, or deprivation or by responding to those things; or

(ii)

prevent offending or reoffending or respond to offending or reoffending:

(c)

assisting families, whānau, hapū, iwi, and family groups to—

(i)

prevent their children and young persons from suffering harm, abuse, neglect, ill treatment, or deprivation or by responding to those things; or

(ii)

prevent their children or young persons from offending or reoffending or respond to offending or reoffending:

(d)

assisting families and whānau, hapū, iwi, and family groups, at the earliest opportunity, to fulfil their responsibility to meet the needs of their children and young persons (including their developmental needs, and the need for a safe, stable, and loving home):

(e)

ensuring that, where children and young persons require care under the Act, they have—

(i)

a safe, stable, and loving home from the earliest opportunity; and

(ii)

support to address their needs:

(f)

providing a practical commitment to the principles of the Treaty of Waitangi (te Tiriti o Waitangi) in the way described in this Act:

(g)

recognising mana tamaiti (tamariki), whakapapa, and the practice of whanaungatanga for children and young persons who come to the attention of the department:

(h)

maintaining and strengthening the relationship between children and young persons who come to the attention of the department and their—

(i)

family, whānau, hapū, iwi, and family group; and

(ii)

siblings:

(i)

responding to alleged offending and offending by children and young persons in a way that—

(i)

promotes their rights and best interests and acknowledges their needs; and

(ii)

prevents or reduces offending or future offending; and

(iii)

recognises the rights and interests of victims; and

(iv)

holds the children and young persons accountable and encourages them to accept responsibility for their behaviour:

(j)

assisting young persons who are or have been in care or custody under the Act to successfully transition to adulthood in the ways provided in the Act.

(2)

In subsection (1)(c) and (d), assisting, in relation to any person or groups of persons, includes developing the capability of those persons or groups to themselves do the things for which assistance is being provided.

Compare: 1974 No 72 s 3

Section 4: replaced, on 1 July 2019, by section 9 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

4A Well-being and best interests of child or young person

(1)

In all matters relating to the administration or application of this Act (other than Parts 4 and 5 and sections 351 to 360), the well-being and best interests of the child or young person are the first and paramount consideration, having regard to the principles set out in sections 5 and 13.

(2)

In all matters relating to the administration or application of Parts 4 and 5 and sections 351 to 360, the 4 primary considerations, having regard to the principles set out in sections 5 and 208, are—

(a)

the well-being and best interests of the child or young person; and

(b)

the public interest (which includes public safety); and

(c)

the interests of any victim; and

(d)

the accountability of the child or young person for their behaviour.

Compare: 1989 No 24 s 6

Section 4A: inserted, on 1 July 2019, by section 10 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

General principles

5 Principles to be applied in exercise of powers under this Act

(1)

Any court that, or person who, exercises any power under this Act must be guided by the following principles:

(a)

a child or young person must be encouraged and assisted, wherever practicable, to participate in and express their views about any proceeding, process, or decision affecting them, and their views should be taken into account:

(b)

the well-being of a child or young person must be at the centre of decision making that affects that child or young person, and, in particular,—

(i)

the child’s or young person’s rights (including those rights set out in UNCROC and the United Nations Convention on the Rights of Persons with Disabilities) must be respected and upheld, and the child or young person must be—

(A)

treated with dignity and respect at all times:

(B)

protected from harm:

(ii)

the impact of harm on the child or young person and the steps to be taken to enable their recovery should be addressed:

(iii)

the child’s or young person’s need for a safe, stable, and loving home should be addressed:

(iv)

mana tamaiti (tamariki) and the child’s or young person’s well-being should be protected by recognising their whakapapa and the whanaungatanga responsibilities of their family, whānau, hapū, iwi, and family group:

(v)

decisions should be made and implemented promptly and in a time frame appropriate to the age and development of the child or young person:

(vi)

a holistic approach should be taken that sees the child or young person as a whole person which includes, but is not limited to, the child’s or young person’s—

(A)

developmental potential; and

(B)

educational and health needs; and

(C)

whakapapa; and

(D)

cultural identity; and

(E)

gender identity; and

(F)

sexual orientation; and

(G)

disability (if any); and

(H)

age:

(vii)

endeavours should be made to obtain, to the extent consistent with the age and development of the child or young person, the support of that child or young person for the exercise or proposed exercise, in relation to that child or young person, of any power conferred by or under this Act:

(viii)

decisions about a child or young person with a disability—

(A)

should be made having particular regard to the child’s or young person’s experience of disability and any difficulties or discrimination that may be encountered by the child or young person because of that disability; and

(B)

should support the child’s or young person’s full and effective participation in society:

(c)

the child’s or young person’s place within their family, whānau, hapū, iwi, and family group should be recognised, and, in particular, it should be recognised that—

(i)

the primary responsibility for caring for and nurturing the well-being and development of the child or young person lies with their family, whānau, hapū, iwi, and family group:

(ii)

the effect of any decision on the child’s or young person’s relationship with their family, whānau, hapū, iwi, and family group and their links to whakapapa should be considered:

(iii)

the child’s or young person’s sense of belonging, whakapapa, and the whanaungatanga responsibilities of their family, whānau, hapū, iwi, and family group should be recognised and respected:

(iv)

wherever possible, the relationship between the child or young person and their family, whānau, hapū, iwi, and family group should be maintained and strengthened:

(v)

wherever possible, a child’s or young person’s family, whānau, hapū, iwi, and family group should participate in decisions, and regard should be had to their views:

(vi)

endeavours should be made to obtain the support of the parents, guardians, or other persons having the care of the child or young person for the exercise or proposed exercise, in relation to that child or young person, of any power conferred by or under this Act:

(d)

the child’s or young person’s place within their community should be recognised, and, in particular,—

(i)

how a decision affects the stability of a child or young person (including the stability of their education and the stability of their connections to community and other contacts), and the impact of disruption on this stability should be considered:

(ii)

networks of, and supports for, the child or young person and their family, whānau, hapū, iwi, and family group that are in place before the power is to be exercised should be acknowledged and, where practicable, utilised.

(2)

Subsection (1) is subject to section 4A.

Compare: 1974 No 72 ss 4A–4C; 1983 No 129 s 3

Section 5: replaced, on 1 July 2019, by section 11 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

6 Welfare and interests of child or young person paramount
[Repealed]

Section 6: repealed, on 1 July 2019, by section 12 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

General duties

7 Duties of chief executive

(1)

It is the duty of the chief executive to take such positive and prompt action and steps as will in the chief executive’s opinion best ensure—

(a)

that the purposes of this Act are attained; and

(b)

that those purposes are attained in a manner that is consistent with the principles set out in sections 4A and 5.

(2)

In carrying out the duty imposed by subsection (1), the chief executive must

(a)

monitor, and advise the Minister on, the effect of social policies and social issues on children, young persons, families, whanau, hapu, iwi, and family groups:

(b)

promote—

(i)

the establishment of services (including social work services, family support services, and community-based services) designed to improve the well-being of and long-term outcomes for children and young persons; and

(ii)

the adoption of policies (including the provision of financial support to parents, families, and family groups)—

that are designed to provide assistance to children and young persons who lack adequate parental care, or require protection from harm, or need accommodation or social or recreational activities:

(bab)

ensure, where practicable, that any services funded by the department to reduce the impact of early risk factors for future involvement in the care, protection, or youth justice systems under this Act are co-ordinated with other government-funded activities for improving outcomes for children, young persons, and families, or reducing the impact of those early risk factors so that those services and activities—

(i)

are unified under a shared strategy and set of outcomes with respect to children and young persons with those early risk factors; and

(ii)

adopt a common approach to evaluating the set of outcomes sought and, where possible, determining the return on investment by the Government in those services and activities; and

(iii)

are available to meet the needs of children and young persons of different ages and at different developmental stages, and include processes to support children and young persons to move between services and activities as they get older and develop:

(bac)

comply with regulations (relating to standards of care) made under section 447(1)(fa):

(bad)

establish, amend, or replace, after consulting the State Services Commissioner, 1 or more complaints mechanisms to enable children and young persons, their parents, whānau, families, and caregivers—

(i)

to complain about actions or omissions under this Act or regulations made under this Act in relation to those children and young persons by the chief executive, the chief executive’s delegates, and employees of the department; and

(ii)

to receive responses to those complaints that are—

(A)

timely and fair; and

(B)

centred on the child or young person:

(bae)

ensure that the policies and services provided by the department are informed by the outcomes of cases considered by the complaints process and the reviews of those outcomes undertaken in accordance with regulations made under section 447(1)(fb):

(baf)

develop and publish policies and practice standards in relation to the chief executive’s role in—

(i)

managing, and participating in, family group conferences; and

(ii)

giving effect to the conferences’ outcomes:

(bag)

publish information, in any form or medium that the chief executive considers will be accessible to children and young persons in the care or custody of the chief executive and their parents, whānau, families, and caregivers, summarising—

(i)

the rights of children and young persons in the care or custody of the chief executive; and

(ii)

the standard of care they should expect from the department under this Act or regulations made under this Act:

(ba)

in relation to child abuse,—

(i)

promote, by education and publicity, among members of the public (including children and young persons) and members of professional and occupational groups, awareness of child abuse, the unacceptability of child abuse, the ways in which child abuse may be prevented, the need to report cases of child abuse, and the ways in which child abuse may be reported; and

(ii)

develop and implement protocols for agencies (both governmental and non-governmental) and professional and occupational groups in relation to the reporting of child abuse, and monitor the effectiveness of such protocols:

(bb)

ensure that services are available to children and young persons who are subject to any action or receiving any service under Parts 2 to 7 (with particular consideration to be given to the needs of those in care) that provide them with an opportunity and support to express their views about—

(i)

matters that are important to them in relation to that action or service; and

(ii)

the operation and effectiveness of processes and services under this Act, for the purpose of contributing to the improvement of these:

(c)

ensure, wherever possible, that all policies adopted by the department, and all services provided by the department,—

(i)

recognise the social, economic, and cultural values of all cultural and ethnic groups; and

(ii)

have particular regard for the values, culture, and beliefs of the Maori people; and

(iia)

have regard to the views of children and young persons, including the views received by the services referred to in subsection (2)(bb):

(iii)

support the role of families, whanau, hapu, iwi, and family groups; and

(iv)

avoid the alienation of children and young persons from their family, whanau, hapu, iwi, and family group:

(d)

establish and fund care and protection resource panels:

(e)

establish procedures to ensure that the cases of children and young persons in respect of whom action has been taken under this Act are regularly reviewed in order to assess the adequacy and appropriateness of that action:

(f)

ensure that persons providing services under this Act receive adequate training and comply with appropriate standards:

(g)

monitor and assess the services provided under this Act by the department and by other organisations, groups, and individuals.

(3)

The services referred to in subsection (2)(bb) must operate independently from other services provided under this Act.

(4)

In this section, in care means—

(a)

placed or detained in the custody or care of the chief executive, a person, a body, or an organisation under this Act; or

(b)

remanded in the custody of the chief executive under section 173, 174, or 175(1A)(a) of the Criminal Procedure Act 2011; or

(c)

detained in a residence under section 34A of the Corrections Act 2004.

(5)

To avoid doubt, a summary of rights published under subsection (2)(bag) cannot create new rights or detract from existing rights.

(6)

In section 7(2)(bad) and (bb),—

caregiver includes a caregiver within the meaning given in section 386AAA

young person includes a young person within the meaning given in section 386AAA.

Compare: 1974 No 72 ss 5, 6

Section 7 heading: amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 7(1): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 7(1)(a): amended, on 1 July 2019, by section 13(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 7(1)(b): amended, on 1 July 2019, by section 13(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 7(1)(b): amended, on 1 July 2019, by section 13(3) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 7(2): amended, on 1 April 2017, by section 6(1) of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 7(2): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 7(2)(b)(i): replaced, on 1 July 2019, by section 13(4) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 7(2)(bab): inserted, on 1 July 2019, by section 13(5) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 7(2)(bac): inserted, on 1 July 2019, by section 13(5) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 7(2)(bad): inserted, on 1 July 2019, by section 13(5) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 7(2)(bae): inserted, on 1 July 2019, by section 13(5) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 7(2)(baf): inserted, on 1 July 2019, by section 13(5) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 7(2)(bag): inserted, on 1 July 2019, by section 13(5) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 7(2)(ba): inserted, on 1 July 1995, by section 4(1) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 7(2)(bb): inserted, on 1 April 2017, by section 6(2) of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 7(2)(c)(iia): inserted, on 1 April 2017, by section 6(3) of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 7(3): inserted, on 1 April 2017, by section 6(4) of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 7(4): inserted, on 1 April 2017, by section 6(4) of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 7(4)(b): amended, on 1 July 2019, by section 13(6) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 7(5): inserted, on 1 July 2019, by section 13(7) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 7(6): inserted, on 1 July 2019, by section 13(7) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

7AA Duties of chief executive in relation to Treaty of Waitangi (Tiriti o Waitangi)

(1)

The duties of the chief executive set out in subsection (2) are imposed in order to recognise and provide a practical commitment to the principles of the Treaty of Waitangi (te Tiriti o Waitangi).

(2)

The chief executive must ensure that—

(a)

the policies and practices of the department that impact on the well-being of children and young persons have the objective of reducing disparities by setting measurable outcomes for Māori children and young persons who come to the attention of the department:

(b)

the policies, practices, and services of the department have regard to mana tamaiti (tamariki) and the whakapapa of Māori children and young persons and the whanaungatanga responsibilities of their whānau, hapū, and iwi:

(c)

the department seeks to develop strategic partnerships with iwi and Māori organisations, including iwi authorities, in order to—

(i)

provide opportunities to, and invite innovative proposals from, those organisations to improve outcomes for Māori children, young persons, and their whānau who come to the attention of the department:

(ii)

set expectations and targets to improve outcomes for Māori children and young persons who come to the attention of the department:

(iii)

enable the robust, regular, and genuine exchange of information between the department and those organisations:

(iv)

provide opportunities for the chief executive to delegate functions under this Act or regulations made under this Act to appropriately qualified people within those organisations:

(v)

provide, and regularly review, guidance to persons discharging functions under this Act to support cultural competency as a best-practice feature of the department’s workforce:

(vi)

agree on any action both or all parties consider is appropriate.

(3)

One or more iwi or Māori organisations may invite the chief executive to enter into a strategic partnership.

(4)

The chief executive must consider and respond to any invitation.

(5)

The chief executive must report to the public at least once a year on the measures taken by the chief executive to carry out the duties in subsections (2) and (4), including the impact of those measures in improving outcomes for Māori children and young persons who come to the attention of the department under this Act and the steps to be taken in the immediate future.

(6)

A copy of each report under subsection (5) must be published on an Internet site maintained by the department.

Section 7AA: inserted, on 1 July 2019, by section 14 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

7A Delegations made under section 41 of State Sector Act 1988 to social workers

(1)

A delegation made under section 41 of the State Sector Act 1988 by the chief executive of any of the functions or powers in the Act to a social worker is subject to this section.

(2)

Despite section 41(2) of that Act, a social worker may not subdelegate any functions or powers delegated to them.

(3)

Section 7F applies to any delegation made to a social worker.

Section 7A: inserted, on 1 April 2017, by section 7 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 7A(2): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

7B Delegations made under section 41 of State Sector Act 1988 to persons who are not social workers

A delegation made under section 41 of the State Sector Act 1988 by the chief executive of any of the functions or powers in the Act to a person who is not a social worker is subject to section 7D, and sections 7F and 7G apply to the delegation.

Section 7B: inserted, on 1 April 2017, by section 7 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

7C Delegation of functions and powers conferred by court order or warrant

(1)

The chief executive may delegate the chief executive’s functions and powers under all or any of sections 39, 40, 122, 157, 181, 205, or 386 to a social worker or to any other person, even though those functions and powers are conferred by a court order or a warrant that is made or issued after the delegation is made.

(2)

The following apply to a delegation referred to in this section:

(a)

section 41 of the State Sector Act 1988, as if the delegation were made under that section; and

(b)

if the delegation is to a social worker, sections 7A and 7F; and

(c)

if the delegation is to a person who is not a social worker, sections 7B, 7D, 7F, and 7G.

Section 7C: inserted, on 1 April 2017, by section 7 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 7C(1): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

7D Requirements for delegation to persons who are not social workers

(1)

This section applies to a delegation referred to in section 7B or 7C.

(2)

Before making a delegation to a person who is not a social worker, the chief executive must be satisfied that, in addition to any relevant requirements of section 41 of the State Sector Act 1988 being met,—

(a)

the person is appropriately qualified to perform the function or exercise the power, taking into account the person’s training, experience, and interpersonal skills; and

(b)

if the person is outside the State services, the person will be bound by contractual obligations that are sufficient to support the appropriate exercise of the delegation.

(3)

The chief executive may make a delegation to a person who does not meet the requirement in subsection (2)(a) if the delegation is made for the sole purpose of that delegate subdelegating the function or power to a person—

(a)

who works under the management or supervision of the delegate; and

(b)

who is a social worker or meets the requirement in subsection (2)(a).

Section 7D: inserted, on 1 April 2017, by section 7 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

7E Subdelegation of functions and powers by delegates who are not social workers

(1)

This section applies if a delegation referred to in section 7B or 7C is made to a person—

(a)

for the sole purpose of subdelegation (see section 7D(3)); or

(b)

to whom the chief executive otherwise gives approval to subdelegate.

(2)

A subdelegation by the delegate of a function or power under section 41(2) of the State Sector Act 1988 is subject to subsection (3).

(3)

Before subdelegating any function or power to a person, the delegate must be satisfied that the person is a social worker or meets the requirement in section 7D(2)(a).

Section 7E: inserted, on 1 April 2017, by section 7 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

7F Delegations and subdelegations to be publicly notified

(1)

The delegations referred to in sections 7A to 7C and a subdelegation referred to in section 7E must be publicly notified, and information about all delegations and subdelegations must be made available on an Internet site maintained by the department and be available for inspection at the head office of the department, free of charge, until, in any case, the delegation or subdelegation is revoked.

(2)

The information required to be made available must include, in each case,—

(a)

a description of the delegate or subdelegate, although the description need not identify any particular individual to whom the delegation or subdelegation is made but may instead give other identifying particulars, for example, the name of the specified office to which the delegation or subdelegation is made; and

(b)

a description of the function or power that has been delegated or subdelegated; and

(c)

a reference to the provision in this Act that provides for the function or power that has been delegated or subdelegated.

(3)

A failure to notify a delegation or a subdelegation does not affect its validity.

Section 7F: inserted, on 1 April 2017, by section 7 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

7G Immunity for delegates outside Public Service

Section 86 of the State Sector Act 1988 applies to a person outside the Public Service acting under a delegation referred to in section 7B or 7C as if the person were a Public Service employee.

Section 7G: inserted, on 1 April 2017, by section 7 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

8 Parents and others to be informed of decisions

(1)

Where any person takes any action, or makes any decision, under this Act that significantly affects any child or young person, that person shall ensure that, wherever practicable, the following persons are informed, as soon as practicable, of that action or decision and of the reasons for it:

(a)

every person who is a parent or guardian of, or a person having the care of, the child or young person:

(b)

the child or young person.

(2)

It is not necessary to inform a child or young person of any action or decision if—

(a)

that child or young person is incapable of understanding it; or

(b)

it is plainly not in the child’s or young person’s interests to be so informed.

(3)

The information required by subsection (1) to be given to any person shall be given—

(a)

orally and, where practicable, in writing; and

(b)

where practicable, in a manner and in language that the person understands.

9 Interpreters

(1)

Where—

(a)

any court hears any proceedings under this Act relating to a child or young person; or

(b)

any person takes or proposes to take any action under this Act in relation to a child or young person,—

it is the duty of that court or, as the case requires, that person to ensure that the requirements of this section are carried out wherever practicable.

(2)

The requirements of this section are as follows:

(a)

that where—

(i)

the first or preferred language of the child or young person is Maori or any other language other than English; or

(ii)

the child or young person is unable, by reason of a physical disability, to understand English,—

the services of an interpreter are provided for the child or young person:

(b)

that where—

(i)

the first or preferred language of any parent or guardian or other person having the care of the child or young person is Maori or any other language other than English; or

(ii)

that parent or guardian or that other person is unable, by reason of a physical disability, to understand English,—

the services of an interpreter are provided for that parent or guardian or that other person.

(3)

Nothing in this section limits or affects Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016.

Section 9(3): amended, on 30 April 2016, by section 50 of Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 (2016 No 17).

10 Duty of court and counsel to explain proceedings

(1)

Where, in any proceedings under this Act, a child or young person, or any parent or guardian or other person having the care of a child or young person, appears before the Family Court or the Youth Court, the court shall—

(a)

explain in a manner and in language that can be understood by the child or young person or other person the nature of the proceedings, including, in the case of proceedings in the Youth Court, the nature and, where the child or young person or other person is not legally represented, the legal implications of the allegations; and

(b)

satisfy itself that the child or young person or other person understands the proceedings; and

(c)

where the court makes any order under section 83(1) or section 84 or section 283, explain to the child or young person to whom the order relates and to any parent or guardian or other person having the care of the child or young person, in a manner and in language that can be understood by that child or young person or other person,—

(i)

the nature and requirements of the order:

(ii)

any provisions for variation of the order:

(iii)

the existence of rights of appeal against the order or the finding on which the order is based.

(2)

Where, in any proceedings under this Act, a child or young person, or any parent or guardian or other person having the care of a child or young person, appears before the Family Court or the Youth Court, the barrister or solicitor representing that child or young person or other person shall—

(a)

explain to the person whom that barrister or solicitor represents, in a manner and in language that can be understood by that person, the nature of the proceedings, including, in the case of proceedings in the Youth Court, the nature and legal implications of the allegations; and

(b)

satisfy themselves that the person whom that barrister or solicitor represents understands the proceedings; and

(c)

where the court makes any order under section 83(1) or section 84 or section 283, explain to the person whom that barrister or solicitor represents, in a manner and in language that can be understood by that person, the matters specified in subparagraphs (i) to (iii) of subsection (1)(c).

Compare: 1974 No 72 s 40(a); 1983 No 129 s 9

Section 10(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 10(1)(a): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 10(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 10(2)(a): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 10(2)(b): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

11 Child’s or young person’s participation and views

(1)

This section applies to the following proceedings and processes:

(a)

proceedings under this Act in a District Court, Family Court, or Youth Court (all being first instance courts) and proceedings in the High Court, Court of Appeal, or Supreme Court on an appeal (other than on a point of law only) against a decision, finding, or order under this Act of a first instance court:

(b)

the process for convening, and the proceedings of, a family group conference convened under this Act:

(c)

the preparation or review of a plan for a child or young person (a planning process) under this Act:

(d)

the taking of any other action or making of any other decision (any other process) under this Act that would or does significantly affect a child or young person who is the subject of that process.

(2)

In proceedings or a process to which this section applies,—

(a)

the child or young person must be encouraged and assisted to participate in the proceedings or process to the degree appropriate for their age and level of maturity unless, in the view of a person specified in subsection (3), that participation is not appropriate, having regard to the matters to be heard or considered; and

(aa)

except where section 10 (relating to proceedings) applies, the child or young person must be given reasonable assistance to understand the reasons for the proceedings or process, the options available to the decision-maker, and how these options could affect them; and

(b)

the child or young person must be given reasonable opportunities to freely express their views on matters affecting them; and

(c)

if a child or young person has difficulties in expressing their views or being understood (for example, because of their age or language, or because of a disability), support must be provided to assist them to express their views and to be understood; and

(d)

any views that the child or young person expresses (either directly or through a representative) must be taken into account; and

(e)

any written decision must set out the child’s or young person’s views and, if those views were not followed, include the reasons for not doing so; and

(f)

the decision, the reasons for it, and how it will affect them must be explained to the child or young person.

(3)

The following persons must either perform the duties imposed by subsection (2)(a) to (c) or be satisfied, before undertaking any proceeding or process involving the child or young person, that those duties have been performed by another person:

(a)

for proceedings before a court, the Judge or other person presiding and the barrister or solicitor representing the child or young person:

(b)

for the process for convening, and the proceedings of, a family group conference, the person responsible for convening the conference:

(c)

for a planning process, the person directed by the court to prepare or review the plan:

(d)

for any other process, the person responsible for taking the action or making the decision.

(3A)

In any proceeding or process,—

(a)

the persons listed in subsection (3)(a) to (d) must perform the duty imposed by subsection (2)(d); and

(b)

decision-makers must perform the duty imposed by subsection (2)(e); and

(c)

decision-makers must perform the duty imposed by subsection (2)(f) or, within a reasonable period following the making of a decision, satisfy themselves that the duty has been performed by another person.

(4)

Despite anything to the contrary in this Act and subject to subsection (5), a person providing support to a child or young person under subsection (2)(c) is entitled to be present at a proceeding or a meeting relating to a process referred to in subsection (1) at which the child or young person is present, to continue to provide that support to them but for no other purpose.

(5)

If the person responsible for a proceeding or process referred to in subsection (1) considers it is impracticable or inappropriate for the person providing support to be present at the proceeding or meeting, that person may not be present.

(6)

This section is not limited by section 5(1)(a) (which sets out a principle relating to ascertaining, considering, and giving weight to the wishes of the child or young person).

(7)

In this section, support includes support from a member of the child’s or young person’s family group or other person supporting the child or young person, a specialist service provider, or any other service under this Act.

(8)

A person who complies with section 66K must be treated as having complied with this section.

Section 11: replaced, on 1 April 2017, by section 8 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 11(2)(a): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 11(2)(aa): inserted, on 1 July 2019, by section 15(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 11(2)(b): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 11(2)(c): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 11(2)(d): replaced, on 1 July 2019, by section 15(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 11(2)(e): inserted, on 1 July 2019, by section 15(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 11(2)(f): inserted, on 1 July 2019, by section 15(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 11(3A): inserted, on 1 July 2019, by section 15(3) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 11(4): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 11(6): amended, on 1 July 2019, by section 15(4) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 11(8): inserted, on 1 July 2019, by section 15(5) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

12 Duty of health practitioner to minimise distress to child or young person

Every health practitioner who carries out a medical examination of any child or young person under any provision of this Act shall carry out that examination in a way that causes the least possible distress to the child or young person.

Section 12 heading: amended, on 31 January 2018, by section 5(1) of the Children, Young Persons, and Their Families Amendment Act (No 2) 2016 (2016 No 75).

Section 12: amended, on 31 January 2018, by section 5(2) of the Children, Young Persons, and Their Families Amendment Act (No 2) 2016 (2016 No 75).

Part 2 Care and protection of children and young persons

Principles

13 Principles

(1)

Every court or person exercising powers conferred by or under this Part, Part 3 or 3A, or sections 341 to 350, must adopt, as the first and paramount consideration, the well-being and best interests of the relevant child or young person (as required by section 4A(1)).

(2)

In determining the well-being and best interests of the child or young person, the court or person must be guided by, in addition to the principles in section 5, the following principles:

(a)

it is desirable to provide early support and services to—

(i)

improve the safety and well-being of a child or young person at risk of harm:

(ii)

reduce the risk of future harm to that child or young person, including the risk of offending or reoffending:

(iii)

reduce the risk that a parent may be unable or unwilling to care for the child or young person:

(b)

as a consequence of applying the principle in paragraph (a), any support or services provided under this Act in relation to the child or young person—

(i)

should strengthen and support the child’s or young person’s family, whānau, hapū, iwi, and family group to enable them to—

(A)

care for the child or young person or any other or future child or young person of that family or whānau; and

(B)

nurture the well-being and development of that child or young person; and

(C)

reduce the likelihood of future harm to that child or young person or offending or reoffending by them:

(ii)

should recognise and promote mana tamaiti (tamariki) and the whakapapa of the child or young person and relevant whanaungatanga rights and responsibilities of their family, whānau, hapū, iwi, and family group:

(iii)

should, wherever possible, be undertaken on a consensual basis and in collaboration with those involved, including the child or young person:

(c)

if a child or young person is considered to be in need of care or protection on the ground specified in section 14(1)(e), the principle in section 208(2)(g):

(d)

a power under this Part that can be exercised without the consent of the persons concerned is to be exercised only to the extent necessary to protect a child or young person from harm or likely harm:

(e)

assistance and support should be provided, unless it is impracticable or unreasonable to do so, to assist families, whānau, hapū, iwi, and family groups where—

(i)

there is a risk that a child or young person may be removed from their care; and

(ii)

in the other circumstances where the child or young person is, or is likely to be, in need of care and protection (for example, where a family group conference plan provides for assistance to be given to a child or parent to address a behavioural issue that may lead, or has led, to the child’s removal from the family):

(f)

if a child or young person is identified by the department as being at risk of removal from the care of the members of their family, whānau, hapū, iwi, or family group who are the child’s or young person’s usual caregivers, planning for the child’s or young person’s long-term stability and continuity of living arrangements should—

(i)

commence early; and

(ii)

include steps to make an alternative care arrangement for the child or young person, should it be required:

(g)

a child or young person should be removed from the care of the member or members of the child’s or young person’s family, whānau, hapū, iwi, or family group who are the child’s or young person’s usual caregivers only if there is a serious risk of harm to the child or young person:

(h)

if a child or young person is removed in circumstances described in paragraph (g), the child or young person should, wherever that is possible and consistent with the child’s or young person’s best interests, be returned to those members of the child’s or young person’s family, whānau, hapū, iwi, or family group who are the child’s or young person’s usual caregivers:

(i)

if a child or young person is removed in circumstances described in paragraph (g), decisions about placement should—

(i)

be consistent with the principles set out in sections 4A(1) and 5:

(ii)

address the needs of the child or young person:

(iii)

be guided by the following:

(A)

preference should be given to placing the child or young person with a member of the child’s or young person’s wider family, whānau, hapū, iwi, or family group who is able to meet their needs, including for a safe, stable, and loving home:

(B)

it is desirable for a child or young person to live with a family, or if that is not possible, in a family-like setting:

(C)

the importance of mana tamaiti (tamariki), whakapapa, and whanaungatanga should be recognised and promoted:

(D)

where practicable, a child or young person should be placed with the child’s or young person’s siblings:

(E)

a child or young person should be placed where the child or young person can develop a sense of belonging and attachment:

(j)

a child or young person who is in the care or custody of the chief executive or a body or an organisation approved under section 396 should receive special protection and assistance designed to—

(i)

address their particular needs, including—

(A)

needs for physical and health care; and

(B)

emotional care that contributes to their positive self-regard; and

(C)

identity needs; and

(D)

material needs relating to education, recreation, and general living:

(ii)

preserve the child’s or young person’s connections with the child’s or young person’s—

(A)

siblings, family, whānau, hapū, iwi, and family group; and

(B)

wider contacts:

(iii)

respect and honour, on an ongoing basis, the importance of the child’s or young person’s whakapapa and the whanaungatanga responsibilities of the child’s or young person’s family, whānau, hapū, iwi, and family group:

(iv)

support the child or young person to achieve their aspirations and developmental potential:

(k)

if a child or young person is placed with a caregiver under section 362, the chief executive, or, if applicable, a body or an organisation approved under section 396, should support the caregiver in order to enable the provision of the protection and assistance described in paragraph (j).

Compare: 1974 No 72 s 4

Section 13(1): inserted, on 1 July 2014, by section 6(1) of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).

Section 13(1): amended, on 1 July 2019, by section 16(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 13(1): amended, on 1 July 2019, by section 16(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 13(2): replaced, on 1 July 2019, by section 16(3) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Definition of child or young person in need of care or protection

14 Definition of child or young person in need of care or protection

(1)

A child or young person is in need of care or protection if—

(a)

the child or young person is suffering, or is likely to suffer, serious harm—

(i)

in the circumstances described in section 14AA(1); or

(ii)

having regard to the circumstances described in section 14AA(2); or

(b)

the parents or guardians or the persons who have the care of the child or young person are unable to care for the child or young person; or

(c)

the child is a subsequent child of a parent to whom section 18A applies and the parent has not demonstrated to the satisfaction of the chief executive (under section 18A) or the court (under section 18A(4)(a) or 18C) that the parent meets the requirements of section 18A(3); or

(d)

the child or young person has behaved, or is behaving, in a manner that—

(i)

is or is likely to be harmful to the physical or mental or emotional well-being of the child or young person or to others; and

(ii)

the child’s or young person’s parents, or the persons having the care of the child or young person, are unable or unwilling to control; or

(e)

in the case of a child of or over the age of 10 years and under the age of 14 years, the child has committed an offence or offences of sufficient number, nature, or magnitude to cause serious concern for the well-being of the child.

(2)

Subsection (1)(a) must be applied in conjunction with section 14AA (which describes the circumstances in which a child or young person is suffering, or is likely to suffer, serious harm).

Compare: 1974 No 72 s 27(2); 1977 No 126 s 7(1)

Section 14: replaced, on 1 July 2019, by section 17 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

14AA Circumstances in which child or young person is suffering, or is likely to suffer, serious harm

(1)

For the purposes of section 14(1)(a)(i), a child or young person is suffering, or is likely to suffer, serious harm if—

(a)

the child or young person is being, or is likely to be, abused (whether physically, emotionally, or sexually), deprived, ill-treated, or neglected; or

(b)

the parents or guardians or other persons who have the care of the child or young person are unwilling to care for, or have abandoned, them.

(2)

For the purposes of section 14(1)(a)(ii), other circumstances that may constitute serious harm, or establish the likelihood of serious harm, include—

(a)

a child’s or young person’s development or physical or mental or emotional well-being is being, or is likely to be, impaired or neglected, and that impairment or neglect is, or is likely to be, avoidable:

(b)

the child or young person has been exposed to family violence (within the meaning of section 9 of the Family Violence Act 2018)):

(c)

serious differences exist between the child or young person and the parents or guardians or other persons who have the care of them:

(d)

serious differences exist between a parent, guardian, or other person who has the care of the child or young person and any other parent, guardian, or other person who has the care of them.

(3)

For the purposes of applying section 14(1)(a) and subsections (1) and (2), serious harm may occur (without limitation) as a result of—

(a)

an incident; or

(b)

2 or more incidents that taken on their own would not be serious enough to constitute serious harm, but the cumulative effect of which is serious enough to cause serious harm; or

(c)

the co-existence of different circumstances.

Section 14AA: inserted, on 1 July 2019, by section 17 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 14AA(2)(b): amended, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).

14A Conduct outside New Zealand

For the purposes of this Act, it does not matter whether the conduct constituting a ground referred to in section 14(1) occurred partly or wholly outside New Zealand.

Section 14A: inserted, on 1 November 1999, by section 2 of the Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).

Reporting of child abuse

15 Reporting of concerns to chief executive or constable

Any person who believes that a child or young person has been, or is likely to be, harmed, ill-treated, abused, (whether physically, emotionally, or sexually), neglected, or deprived, or who has concerns about the well-being of a child or young person, may report the matter to the chief executive or a constable.

Section 15: replaced, on 1 July 2019, by section 18 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

16 Providing information about safety or well-being of child or young person

No civil, criminal, or disciplinary proceedings shall lie against any person in respect of the disclosure or supply, or the manner of the disclosure or supply, by that person under this Part, of information concerning a child or young person (whether or not that information also concerns any other person), unless the information was disclosed or supplied in bad faith.

Section 16 heading: replaced, on 1 July 2019, by section 19(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 16: amended, on 1 July 2019, by section 19(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 16: amended, on 8 January 1995, by section 5 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

17 Investigation of report of ill-treatment or neglect of child or young person

(1)

If the chief executive or a constable receives a report under section 15 relating to a child or young person, they must,—

(a)

as soon as practicable after receiving the report, if it appears that an investigation is necessary or desirable, commence an investigation or arrange for an investigation to be commenced into the matters contained in the report to the extent that an investigation is necessary or desirable; and

(b)

as soon as practicable after an investigation has commenced, consult a care and protection resource panel in relation to the investigation; and

(c)

unless it is impracticable or undesirable to do so, as soon as practicable after a decision is made not to investigate or the investigation has concluded, inform the person who made the report—

(i)

whether the report has been investigated; and

(ii)

if so, whether any further action has been taken.

(2)

If, after an investigation, the chief executive or constable reasonably believes that the child or young person is in need of care or protection, they must, as soon as practicable, notify a care and protection co-ordinator in accordance with section 18.

(2A)

If, after an investigation under subsection (1), a care and protection co-ordinator is not notified under subsection (2), the chief executive may, nevertheless,—

(a)

undertake a further assessment or provide services to the child or young person, their family, or other persons having the care of the child or young person; or

(b)

refer the child or young person, their family, or other persons having the care of the child or young person to other services provided by agencies or in the community; or

(c)

take no further action, if the investigation under subsection (1) discloses no identifiable risk of harm that could be dealt with under this Act or if appropriate action has already been taken.

Section 17: replaced, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 17(1): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 17(2): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 17(2A): inserted, on 1 July 2019, by section 20 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

18AAA Chief executive may make family group conference available in certain circumstances

If the chief executive is not satisfied that a child or young person is in need of care or protection but believes that holding a family group conference would best assist in formulating a plan to help the child or young person, the chief executive may refer the case to a care and protection co-ordinator, who must convene a family group conference under section 20.

Section 18AAA: inserted, on 1 July 2019, by section 21 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

18 Referral of care or protection cases to care and protection co-ordinator or youth justice co-ordinator

(1)

If the chief executive or a constable believes, after inquiry, that any child or young person is in need of care or protection (otherwise than on the ground specified in section 14(1)(c) or (e)), they must immediately report the matter to a care and protection co-ordinator, who must convene a family group conference under section 20.

(2)

If the chief executive suspects that any child is in need of care or protection on the ground specified in section 14(1)(e), the chief executive may refer the matter to the appropriate enforcement agency.

(3)

Where any enforcement officer believes, after inquiry, that any child is in need of care or protection on the ground specified in section 14(1)(e), that enforcement officer shall forthwith report the matter to a youth justice co-ordinator, who after consulting with that enforcement officer, and if that enforcement officer believes that the making of an application for a care or protection order in respect of that child is required in the public interest, shall convene a family group conference in accordance with section 247.

Section 18 heading: amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 18(1): replaced, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 18(1): amended, on 1 July 2019, by section 22(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 18(1): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 18(2): replaced, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 18(3): amended, on 1 July 2019, by section 22(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

18A Assessment of parent of subsequent child

(1)

This section applies to a person who—

(a)

is a person described in section 18B; and

(b)

is the parent of a subsequent child; and

(c)

has, or is likely to have, the care or custody of the subsequent child; and

(d)

is not a person to whom subsection (7) applies.

(2)

If the chief executive believes on reasonable grounds that a person is a person to whom this section applies, the chief executive must, after informing the person (where practicable) that the person is to be assessed under this section, assess whether the person meets the requirements of subsection (3) in respect of the subsequent child.

(3)

A person meets the requirements of this subsection if,—

(a)

in a case where the parent’s own act or omission led to the parent being a person described in section 18B, the parent is unlikely to inflict on the subsequent child the kind of harm that led to the parent being so described; or

(b)

in any other case, the parent is unlikely to allow the kind of harm that led to the parent being a person described in section 18B to be inflicted on the subsequent child.

(4)

Following the assessment,—

(a)

if subsection (5) applies, the chief executive must apply for a care or protection order because the subsequent child is in need of care or protection on the ground in section 14(1)(c); or

(b)

in any other case, the chief executive must decide not to apply as described in paragraph (a), and must instead apply under section 18C for confirmation of the decision not to apply for a care or protection order.

(5)

The chief executive must apply as described in subsection (4)(a) if the chief executive is not satisfied that the person, following assessment under this section, has demonstrated that the person meets the requirements of subsection (3).

(6)

No family group conference need be held before any application referred to in subsection (4) is made to the court, and nothing in section 70 applies, but a family group conference must be held before a care or protection order (other than an interim order) is made.

(7)

This subsection applies to the parent of a subsequent child if, since the parent last became a person described in section 18B,—

(a)

the parent has been assessed under this section in relation to a subsequent child and, following that assessment,—

(i)

the court has confirmed, under section 18C, a decision made under subsection (4)(b); or

(ii)

the chief executive applied for a care or protection order because the child was in need of care or protection on the ground in section 14(1)(c), but the application was refused on the ground that the court was satisfied that the parent had demonstrated that the parent met the requirements of subsection (3); or

(b)

the parent was, before this section came into force, subject to an investigation carried out by a social worker under section 17 in relation to a child who would, at that time, have fallen within the definition of a subsequent child, and—

(i)

the social worker did not at that time form the belief that the child was in need of care or protection on a ground in section 14(1)(a) or (b) (as in force at that time); or

(ii)

a family group conference was held, the parent addressed the concerns raised to the satisfaction of the chief executive, and the parent subsequently maintained care of the child.

Section 18A: inserted, on 30 June 2016, by section 9 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).

Section 18A(2): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 18A(2): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 18A(3)(a): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 18A(4)(a): amended, on 1 July 2019, by section 23(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 18A(4)(a): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 18A(4)(b): amended, on 1 July 2019, by section 23(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 18A(4)(b): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 18A(5): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 18A(5): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 18A(6): amended, on 1 July 2019, by section 23(3) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 18A(7): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 18A(7)(a): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 18A(7)(a)(ii): amended, on 1 July 2019, by section 23(4) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 18A(7)(a)(ii): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 18A(7)(a)(ii): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 18A(7)(b): replaced, on 14 July 2017, by section 23(5) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

18B Person described in this section

(1)

A person described in this section is a person—

(a)

who has been convicted under the Crimes Act 1961 of the murder, manslaughter, or infanticide of a child or young person who was in the person’s care or custody at the time of the child’s or young person’s death; or

(b)

who has had the care of a child or young person removed from that person on the basis described in subsection (2)(a) and (b) and, in accordance with subsection (2)(c), there is no realistic prospect that the child or young person will be returned to the person’s care.

(2)

Subsection (1)(b) applies, in relation to a child or young person removed from the care of a person, if—

(a)

the court has declared under section 67 (as it read before the commencement of section 42 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017) or decided on an application made under section 68, or a family group conference has agreed, that the child is in need of care or protection on a specified ground; and

(b)

the court has made an order under section 101 (not being an order to which section 102 applies) or 110 of this Act, or under section 48 of the Care of Children Act 2004; and

(c)

the court has determined (whether at the time of the order referred to in paragraph (b) or subsequently), or, as the case requires, the family group conference has agreed, that there is no realistic possibility that the child or young person will be returned to the person’s care.

(3)

If a person is a person described in this section on more than 1 of the grounds listed in subsection (1), the references in section 18A(3) to the kind of harm that led a person to being a person described in this section is taken to be a reference to any or all of those kinds of harm.

(4)

In subsection (2)(a), specified ground means—

(a)

the ground set out in section 14(1)(a) and (b), as they read before the commencement of section 17 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017; or

(b)

in the case of a decision made on or after the commencement of section 17 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017,—

(i)

the ground set out in section 14(1)(a), in the circumstances set out in section 14AA(1)(a) and (2)(a):

(ii)

the ground set out in section 14(1)(b), in the circumstances set out in section 14AA(2)(a).

Section 18B: inserted, on 30 June 2016, by section 9 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).

Section 18B(1)(a): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 18B(1)(b): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 18B(2)(a): replaced, on 1 July 2019, by section 24(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 18B(2)(c): amended, on 14 July 2017, by section 24(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 18B(4): inserted, on 1 July 2019, by section 24(3) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

18C Confirmation of decision not to apply for care or protection order

(1)

An application under this section for confirmation of a decision under section 18A(4)(b) relating to the parent of a subsequent child must include—

(a)

information showing that the person is a person to whom section 18A applies; and

(b)

an affidavit by the person making the application setting out the circumstances of the application and the reasons for the person’s belief that the parent meets the requirements of section 18A(3).

(2)

The application must be served in accordance with section 152(1) as if it were an application for a care or protection order.

(3)

When considering the application, the court may (but need not) give any person an opportunity to be heard on the application and, if it does, may appoint a barrister or solicitor (under section 159) to represent the subsequent child.

(4)

After considering the application, the court may,—

(a)

if subsection (5) applies, confirm the chief executive’s decision under section 18A(4)(b) not to apply for a care or protection order; or

(b)

decline to confirm the chief executive’s decision under section 18A(4)(b), in which case section 18D applies; or

(c)

dismiss the application on the ground that it does not relate to a person to whom section 18A applies; or

(d)

adjourn the hearing and require the chief executive to—

(i)

provide such information as the court specifies, within the period specified by the court; or

(ii)

reconsider all or any aspect of the assessment and report to the court within a period specified by the court.

(5)

The court may confirm the decision of the chief executive under section 18A(4)(b) only if it is satisfied, on the basis of the written material before it (and, if the court has heard any person under subsection (3), any other material heard), that the parent in respect of whom the application is made has demonstrated that the parent meets the requirements of section 18A(3).

(6)

Except as provided in this section, nothing in Part 3 applies in respect of an application for, or a decision of a court on, confirmation of a decision made under section 18A(4)(b).

Section 18C: inserted, on 30 June 2016, by section 9 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).

Section 18C heading: amended, on 1 July 2019, by section 25(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 18C(1)(b): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 18C(2): amended, on 1 July 2019, by section 25(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 18C(4)(a): amended, on 1 July 2019, by section 25(3) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 18C(4)(a): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 18C(4)(b): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 18C(4)(d): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 18C(5): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 18C(5): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

18D Court declining to confirm decision

If, under section 18C(4)(b), the court declines to confirm the chief executive’s decision under section 18A(4)(b), the court must give written reasons for its decision, and the application for confirmation—

(a)

must be treated as an application for a care or protection order made by the chief executive on the ground in section 14(1)(c); and

(b)

must be served and heard in accordance with Part 3 and the rules of court, except that, although section 70 does not apply, if a family group conference is convened pursuant to section 72(3), the chief executive (or the chief executive’s representative) is entitled to attend the conference as if the chief executive were entitled to do so under section 22(1)(a) to (h).

Section 18D: inserted, on 30 June 2016, by section 9 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).

Section 18D: amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 18D(a): amended, on 1 July 2019, by section 26 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 18D(b): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

19 Referral of care or protection cases to care and protection co-ordinator by other persons or by court

(1)

Where—

(a)

after inquiry, any body or organisation (including a government department or other agency of the Crown, or a local authority) concerned with the well-being of children and young persons; or

(b)

in any proceedings, any court—

believes that any child or young person is in need of care or protection on 1 or more of the grounds specified in section 14(1) (other than on the ground specified in section 14(1)(c)), that body, organisation, or court may refer the matter to a care and protection co-ordinator.

(1A)

Every referral pursuant to subsection (1) shall be accompanied by—

(a)

a statement of the reasons for believing that the child or young person to whom the referral relates is in need of care or protection; and

(b)

particulars sufficient to identify any person, body, or organisation that might be contacted to substantiate that belief; and

(c)

a statement indicating whether or not the referral is being made with the consent or knowledge of—

(i)

the parents or guardians or other persons having the care of the child or young person to whom the referral relates; or

(ii)

the family, whanau, or family group of that child or young person; and

(d)

any recommendation as to the course of action the care and protection co-ordinator might take in respect of the referral.

(2)

Every care and protection co-ordinator to whom a case is referred pursuant to subsection (1) shall, where it appears to that care and protection co-ordinator to be necessary to do so,—

(a)

except where paragraph (b) applies, convene a family group conference in accordance with section 20; or

(b)

where the child is believed to be in need of care or protection on the ground specified in section 14(1)(e), report the matter to the appropriate enforcement agency; or

(c)

take such other action as is appropriate in the circumstances.

(3)

For the purposes of determining whether or not it is necessary to convene a family group conference pursuant to subsection (2)(a), a care and protection co-ordinator may arrange for a case to be investigated by the chief executive.

(4)

Every care and protection co-ordinator to whom a case is referred pursuant to subsection (1) by a court shall,—

(a)

within 28 days after receiving that referral, furnish to the court a written report stating—

(i)

what action (if any) has been taken with respect to the case as a result of the referral; and

(ii)

if any such action has been taken, whether that action has resolved the matter, and, if so, how that matter has been resolved; and

(iii)

what further action (if any) is proposed with respect to the case, and, if any such action is proposed, when that action is likely to be completed; and

(b)

subject to paragraph (c), where the report furnished pursuant to paragraph (a) indicates that further action is proposed with respect to the case, within 28 days of the furnishing of that report, furnish to the court a written report stating—

(i)

what progress (if any) has been made with respect to that action; and

(ii)

when that action is likely to be completed; and

(c)

where the report furnished pursuant to paragraph (a) indicates that further action is proposed with respect to the case, on the completion of that action, furnish to the court a written report stating whether that action has resolved that matter, and, if so, how that matter has been resolved.

Section 19(1): amended, on 1 July 2019, by section 27(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 19(1): amended, on 30 June 2016, by section 10 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).

Section 19(1): amended, on 8 January 1995, by section 7(1) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 19(1)(a): amended, on 1 July 2019, by section 27(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 19(1A): inserted, on 8 January 1995, by section 7(2) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 19(3): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 19(4): inserted, on 8 January 1995, by section 7(3) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Family group conferences

20 Convening of family group conferences

Where, pursuant to this Part, a care and protection co-ordinator is authorised or required to convene or reconvene a family group conference, that care and protection co-ordinator shall, subject to section 21, fix the date on which and the time and place at which the conference is to be held.

21 Care and protection co-ordinator to consult family, whanau, or family group on convening of family group conference

(1)

Every care and protection co-ordinator shall, before convening any family group conference pursuant to this Part in respect of any child or young person,—

(a)

consult with a care and protection resource panel; and

(b)

make all reasonable endeavours to consult with the child’s or young person’s family, whanau, or family group in relation to—

(i)

the date on which, and the time and place at which, the conference is to be held; and

(ii)

the persons who should attend the conference; and

(iii)

the procedure to be adopted at the conference,—

and, subject to section 22, shall, so far as it is practicable and consistent with the principles of this Act, give effect to the wishes of the child’s or young person’s family, whanau, or family group in relation to those matters.

(2)

Subsection (1)(a) does not apply if the family group conference is convened under section 18AAA.

Section 21(2): inserted, on 1 July 2019, by section 28 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

22 Persons entitled to attend family group conference

(1)

Subject to subsection (2), the following persons are entitled to attend a family group conference convened under this Part:

(a)

the child or young person in respect of whom the conference is held, unless the care and protection co-ordinator convening the conference is of the opinion that—

(i)

the attendance of that child or young person would not be in the interests of that child or young person, or would, for any other reason, be undesirable; or

(ii)

the child or young person would be unable, by reason of its age or level of maturity, to understand the proceedings:

(b)

every person who is—

(i)

a parent or guardian of, or a person having the care of, that child or young person; or

(ii)

a member of the family, whanau, or family group of the child or young person,—

unless the care and protection co-ordinator convening the conference is of the opinion that that person’s attendance would not be in the interests of the child or young person, or would be undesirable for any other reason:

(c)

the care and protection co-ordinator who is convening the conference, or any care and protection co-ordinator who is acting for that person:

(d)

if the conference was convened on the basis of a report under section 18(1),—

(i)

the person who made the report (A); or

(ii)

if A was a delegate of the chief executive, a person acting for A (who must also be a person who has been delegated the chief executive’s power to make reports under section 18(1)); or

(iii)

if A was a constable, another constable acting for A:

(da)

if the conference is convened under any other provision of this Part (or under section 207D(3), 207K(2), or 207Q(2)), the chief executive or the chief executive’s delegate:

(e)

where the conference has been convened on the basis of a referral of a matter under section 19(1)(a) by any body or organisation, a representative of that body or organisation:

(f)

where the conference has been convened or reconvened, for the purposes of section 145, in respect of a child or young person, a representative of the person who has the care of that child or young person pursuant to an agreement to which that section applies, or who it is proposed should have the care of that child or young person pursuant to such an agreement:

(g)

if the child or young person is under the guardianship of the court under the Care of Children Act 2004, any person appointed as agent for the court under that Act, or any representative of that person:

(h)

any barrister or solicitor or lay advocate representing the child or young person:

(i)

any person whose attendance at that conference is in accordance with the wishes of the family, whanau, or family group of the child or young person as expressed under section 21.

(2)

No person to whom paragraph (c) or paragraph (d) or paragraph (e) or paragraph (f) or paragraph (h) of subsection (1) applies is entitled to be present at any family group conference during any discussions or deliberations held among the members of the family, whanau, or family group of the child or young person in respect of whom the conference is held, unless those members request any such person to be present.

(3)

If a family group conference is reconvened to review a decision, recommendation, or plan, every person who, at the time of the reconvened conference, is a person to whom subsection (1) applies is entitled to attend the conference.

Section 22(1)(d): replaced, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 22(1)(d)(iii): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 22(1)(da): inserted, on 14 July 2017, by section 29 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 22(1)(g): replaced, on 3 June 1998, by section 8 of the Guardianship Amendment Act 1998 (1998 No 48).

Section 22(1)(g): amended, on 1 July 2005, by section 151 of the Care of Children Act 2004 (2004 No 90).

Section 22(3): inserted, on 30 June 2016, by section 11 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).

23 Care and protection co-ordinator to ensure that relevant information and advice made available to family group conference

(1)

Every care and protection co-ordinator who convenes a family group conference under this Part shall take all reasonable steps to ensure that all information and advice that the co-ordinator considers are required by the conference to carry out its functions (including information and advice relating to the health and education needs of every child or young person in respect of whom the conference is convened) are made available to the conference.

(2)

Subject to section 22, where it is appropriate for any person (including a member of a care and protection resource panel) to attend a family group conference for the purpose of conveying to that conference any information or advice required by the conference to carry out its functions, that person may attend that conference for that purpose, but may otherwise attend the conference only with the agreement of the conference.

Section 23(1): amended, on 30 June 2016, by section 12(a) of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).

Section 23(1): amended, on 30 June 2016, by section 12(b) of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).

24 Care and protection co-ordinator to ascertain views of persons unable to attend family group conference

(1)

Every care and protection co-ordinator who convenes a family group conference under this Part shall take all reasonable steps to ascertain the views of the following persons in relation to the matters to be considered at the conference:

(a)

any person who is excluded from attendance at the conference pursuant to paragraph (a)(i) or paragraph (b) of section 22(1):

(b)

any person who is entitled to attend the conference but who has notified the care and protection co-ordinator that the person is unable, for any reason, to do so.

(2)

Where, in respect of any family group conference, a care and protection co-ordinator ascertains the views of any person pursuant to subsection (1), that co-ordinator shall ensure that those views are made known at that conference.

Section 24(1)(b): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

25 Notification of convening of family group conference

(1)

Subject to subsection (2), every care and protection co-ordinator who convenes a family group conference under this Part shall take all reasonable steps to ensure that notice of the date on which, and the time and place at which, the conference is to be held is given to every person who is entitled to attend that conference.

(2)

No notice is required to be given pursuant to subsection (1) to any person whose whereabouts cannot, after reasonable enquiries, be ascertained.

(3)

Every notice required by subsection (1) shall be given a reasonable time before the conference is to be held.

(4)

Failure to notify any person in accordance with this section shall not affect the validity of the proceedings of a family group conference unless it is shown that the failure is likely to have materially affected the outcome of that conference.

26 Procedure at family group conference

(1)

Subject to this Part, a family group conference may regulate its procedure in such manner as it thinks fit.

(2)

Subject to section 5(1)(b)(v), a family group conference may from time to time be adjourned to a time and place determined by the conference.

Section 26(2): amended, on 1 July 2019, by section 30 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

27 Department to provide administrative services to family group conference

The department shall provide such administrative services as may be necessary to enable a family group conference to discharge its functions.

28 Functions of family group conference

The functions of a family group conference convened under this Part are as follows:

(a)

to consider, in relation to the child or young person in respect of whom the conference was convened, such matters relating to the care or protection or well-being of that child or young person as the conference thinks fit:

(b)

where the conference considers that the child or young person in respect of whom it was convened is in need of care or protection, or is in need of assistance to make such decisions or recommendations, and to formulate such plans, in relation to that child or young person as the conference considers necessary or desirable for the child’s or young person’s care, protection, needs, or well-being, having regard to the principles set out in sections 4A(1), 5, and 13:

(c)

to review from time to time—

(i)

the decisions and recommendations made, and the plans formulated, by that conference:

(ii)

the implementation of any such decisions, recommendations, and plans.

Section 28(a): amended, on 1 July 2019, by section 31(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 28(b): amended, on 1 July 2019, by section 31(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 28(b): amended, on 1 July 2019, by section 31(3) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

29 Family group conference may make decisions and recommendations and formulate plans

(1)

A family group conference convened under this Part may make such decisions and recommendations and formulate such plans as it considers necessary or desirable in relation to the care or protection or well-being of the child or young person in respect of whom the conference was convened.

(2)

In making such decisions and recommendations and formulating such plans, the conference shall have regard to the principles set out in sections 4A(1), 5, and 13.

(3)

Every care and protection co-ordinator who convenes a family group conference shall cause to be made a written record of the details of the decisions and recommendations made, and the plans formulated, by that conference pursuant to this section.

Section 29(1): amended, on 1 July 2019, by section 32(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 29(2): amended, on 1 July 2019, by section 32(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

29A Content of plan

(1)

Every plan of which a written record is prepared under section 29(3) must, without limitation,—

(a)

specify, contain, or state all the matters listed in section 130(1) (except as provided in section 130(2)); and

(b)

specify a date by which the plan must be reviewed.

(2)

The review date referred to in subsection (1)(b) must be,—

(a)

if the plan relates to a child under the age of 7 years, within 6 months after the date on which the plan comes into effect in accordance with section 30; or

(b)

in any other case, within 12 months after that date.

Section 29A: inserted, on 30 June 2016, by section 13 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).

30 Care and protection co-ordinator to seek agreement to decisions, recommendations, and plans of family group conference

(1)

Where a family group conference makes any decision or recommendation, or formulates any plan, pursuant to section 29(1) or subsection (4) of this section, the care and protection co-ordinator who convened that conference shall,—

(aaa)

if the conference was convened under section 18AAA,—

(i)

communicate that decision, recommendation, or plan to the chief executive and to every person who will be directly involved in its implementation; and

(ii)

seek the agreement of the chief executive, and every other person, organisation, or body to whom that decision, recommendation, or plan is communicated under subparagraph (i), to that decision, recommendation, or plan.

(a)

if the conference was convened on the basis of a report under section 18(1),—

(i)

communicate that decision, recommendation, or plan to—

(A)

the person who made the report (A); or

(B)

if A was a delegate of the chief executive, a person acting for A (who must also be a person who has been delegated the chief executive’s power to make reports under section 18(1)); or

(C)

if A was a constable, another constable acting for A; and

(ii)

communicate that decision, recommendation, or plan to every person who will be directly involved in its implementation; and

(iii)

seek the agreement of the persons described in paragraph (a)(i)(A), (B), or (C) (as relevant in any case) and paragraph (a)(ii) to that decision, recommendation, or plan:

(b)

where the conference was convened under section 19(2)(a) on the basis of a referral from any body, organisation, or court,—

(i)

communicate that decision, recommendation, or plan to that body, organisation, or court, and to every person who will be directly involved in the implementation of that decision, recommendation, or plan; and

(ii)

seek the agreement of that organisation or body, and of every other person (other than a court) to whom that decision, recommendation, or plan is communicated pursuant to subparagraph (i), to that decision, recommendation, or plan.

(2)

Where, pursuant to paragraph (a)(i) or paragraph (b)(i) of subsection (1), a care and protection co-ordinator meets with any person, body, organisation, or court for the purpose of communicating to that person, body, organisation, or court any decision, recommendation, or plan made or formulated by a family group conference, the care and protection co-ordinator may be accompanied by a person nominated by that family group conference.

(3)

Where a care and protection co-ordinator is unable to secure agreement, under subsection (1), to a decision, recommendation, or plan made or formulated by a family group conference, the care and protection co-ordinator may, for the purpose of enabling that conference to reconsider that decision, recommendation, or plan, reconvene that conference.

(4)

Any family group conference reconvened under subsection (3) may confirm, rescind, or modify its previous decision, recommendation, or plan, or rescind its previous decision, recommendation, or plan and make or formulate a new decision, recommendation, or plan.

(5)

Any decision, recommendation, or plan confirmed or modified under subsection (4), and any new decision, recommendation, or plan made or formulated under that subsection, shall be deemed to have been made or formulated pursuant to section 29.

Section 30(1)(aaa): inserted, on 1 July 2019, by section 33 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 30(1)(a): replaced, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 30(1)(a)(i)(C): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

31 Procedure where no agreement possible

(1)

Where—

(a)

the members of a family group conference are unable to agree on what decisions, recommendations, or plans should be made in relation to the child or young person in respect of whom the conference was convened; or

(b)

a care and protection co-ordinator is unable to secure agreement under section 30 to the decisions, recommendations, and plans made or formulated by a family group conference,—

the care and protection co-ordinator who convened the conference—

(c)

must,—

(i)

if the conference was convened on the basis of a report under section 18(1), make a report on the matter to the person who made the report; or

(ii)

in any other case, report the matter to the chief executive:

(d)

shall, where proceedings have been commenced under this Act in any court in relation to the child or young person in respect of whom the conference was convened, report the matter to that court:

(e)

shall, in every case, consult with a care and protection resource panel.

(2)

If a care and protection co-ordinator makes a report under subsection (1)(c)(i) or (ii), the person to whom that report is made may take any action under this Act that the person considers appropriate.

Section 31(1)(c): replaced, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 31(2): replaced, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 31(2): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

32 Records of decisions, recommendations, and plans of family group conferences to be made available to interested persons

(1)

Every care and protection co-ordinator who convenes a family group conference under this Part shall ensure that a copy of every record made pursuant to section 29(3) in relation to that conference is given or sent to—

(a)

the child or young person in respect of whom the conference was convened, unless the child or young person would be unable, by reason of its age or level of maturity, to understand the contents of the record; and

(b)

every person who is a parent or guardian of that child or young person or has the care of that child or young person; and

(c)

any barrister or solicitor or lay advocate representing the child or young person; and

(d)

any other person who is or will be directly affected by any decision, recommendation, or plan detailed in that record; and

(e)

where there is an appropriate iwi social service or cultural social service with respect to the child or young person, that social service; and

(f)

the appropriate care and protection resource panel.

(2)

Where any child or young person is the subject of any proceedings under this Act before any court, a copy of the record made pursuant to section 29(3) in respect of any family group conference held in relation to that child or young person shall be made available to that court.

Section 32(1)(e): replaced, on 8 January 1995, by section 46 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

33 Department to maintain records of proceedings of family group conferences

(1)

Every written record made pursuant to section 29(3) in relation to a family group conference shall be kept at the District Office of the department nearest to where the conference is held.

(2)

The following persons shall have access to any such record:

(a)

any person to whom a copy of that record is required to be sent pursuant to section 32:

(b)

any care and protection co-ordinator:

(c)

the chief executive:

(d)

any other person who, in the opinion of a care and protection co-ordinator, has a genuine and proper interest in the matter.

(3)

Nothing in this section limits or affects the Official Information Act 1982.

Section 33(2)(c): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

34 Chief executive to give effect to decisions, recommendations, and plans of family group conference

(1)

The chief executive shall consider every decision, recommendation, or plan that is made or formulated by a family group conference pursuant to this Part (other than a decision, recommendation, or plan for which agreement of a delegate of the chief executive is not secured under section 30), and, unless the chief executive considers that it is impracticable, unreasonable, or clearly inconsistent with the principles set out in sections 4A(1), 5, and 13, shall give effect to that decision, recommendation, or plan by the provision of such services and resources, and the taking of such action and steps, as are necessary and appropriate in the circumstances of the particular case.

(2)

The chief executive may, from time to time, make such grants or provide such financial assistance as may be necessary to give effect to any decision, recommendation, or plan made or formulated by a family group conference pursuant to this Part.

Section 34 heading: amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 34(1): amended, on 1 July 2019, by section 34 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 34(1): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 34(1): amended, on 30 June 2016, by section 14 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).

Section 34(1): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 34(2): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

35 Police to comply with decisions, recommendations, and plans of family group conference

Where—

(a)

any decision, recommendation, or plan is made or formulated by a family group conference; and

(b)

agreement to that decision, recommendation, or plan has been secured under section 30; and

(c)

the implementation of that decision, recommendation, or plan involves any action on the part of the Police,—

unless the Police consider that it is impracticable, unreasonable, or clearly inconsistent with the principles set out in sections 4A(1), 5, and 13 to do so, it is the duty of the Police to give effect to that decision, recommendation, or plan by the taking of such action and steps as are necessary and appropriate in the circumstances of the particular case.

Section 35: amended, on 1 July 2019, by section 35 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 35: amended, on 30 June 2016, by section 15 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).

36 Family group conference to reconvene to review its decisions, recommendations, and plans

(1)

For the purpose of reviewing a decision, recommendation, or plan made or formulated by a family group conference, the care and protection co-ordinator who convened the conference—

(a)

must (subject to subsection (1A)) reconvene the conference on or before the review date (if any) specified in the plan; and

(b)

must reconvene the conference if required to do so, in accordance with subsection (1B), by the chief executive; and

(c)

must reconvene the conference if required to do so, in accordance with subsection (1B), by an iwi social service, a cultural social service, or a child and family support service, but only if that service—

(i)

was the body or organisation that referred the relevant child or young person to a care and protection co-ordinator under section 19; or

(ii)

is a body or organisation directly involved in the implementation of the decision, recommendation, or plan to be considered; and

(d)

may reconvene the conference, at any time, at the co-ordinator’s own motion or at the request of at least 2 members of the conference that made or formulated the decision, recommendation, or plan under review.

(1A)

Subsection (1)(a) does not apply if—

(a)

the care and protection co-ordinator, after consulting the chief executive, is of the view that no further action under the plan is required; or

(b)

before the review date, a court makes any of the following orders in respect of the child or young person to whom the plan relates:

(i)

a services order under section 86:

(ii)

a support order under section 91:

(iii)

a custody order (other than an interim order) under section 101:

(iv)

a guardianship order under section 110 that appoints any person as the sole guardian of the child or young person:

(v)

a special guardianship order under section 113A.

(1B)

The chief executive, or a service referred to in subsection (1)(c), may require a care and protection co-ordinator to reconvene a family group conference under subsection (1)(b) or (c) only if the chief executive or service is satisfied that there has been a change of circumstances such that the decision, recommendation, or plan no longer adequately addresses the needs of the child or young person to whom it relates.

(2)

Sections 20 to 35 shall apply, with all necessary modifications, with respect to every family group conference reconvened under this section.

Section 36 heading: amended, on 30 June 2016, by section 16(1) of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).

Section 36(1): replaced, on 30 June 2016, by section 16(2) of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).

Section 36(1)(b): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 36(1A): inserted, on 30 June 2016, by section 16(2) of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).

Section 36(1A)(a): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 36(1B): inserted, on 30 June 2016, by section 16(2) of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).

Section 36(1B): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

37 Proceedings of family group conference privileged

(1)

No evidence shall be admissible in any court, or before any person acting judicially, of any information, statement, or admission disclosed or made in the course of a family group conference.

(2)

Nothing in subsection (1) applies to a record made by a care and protection co-ordinator under section 29(3).

38 Proceedings of family group conference not to be published

(1)

Subject to subsection (2), no person shall publish any report of the proceedings of any family group conference.

(2)

Nothing in subsection (1) applies to the publication of—

(a)

statistical information relating to family group conferences:

(b)

the results of any bona fide research relating to family group conferences.

(3)

In no case shall it be lawful to publish, in any report of the proceedings of any family group conference, any particulars that are identifiable by any person (other than the person to whom those particulars relate) as particulars relating to any particular person who was the subject of, or a participant in, that family group conference.

(4)

Every person who contravenes subsection (1) or subsection (3) commits an offence and is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $2,000:

(b)

in the case of a body corporate, to a fine not exceeding $10,000.

Section 38(4): amended, on 1 July 2013, by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).

Powers to remove child or young person

39 Place of safety warrants

(1)

Any District Court Judge or, if no District Court Judge is available, any issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on application in writing verified in accordance with section 99 of that Act, is satisfied that there are reasonable grounds for suspecting that a child or young person is suffering, or is likely to suffer, ill-treatment, neglect, deprivation, abuse, or harm may issue a warrant authorising any constable, either by name or generally, or the chief executive, to search for the child or young person.

(1A)

The function of executing a warrant issued in the name of the chief executive may be performed by a social worker or any other person authorised under a delegation to carry out that function (see section 7C).

(2)

An application for a warrant under subsection (1) may be made by a constable or the chief executive.

(3)

Any person executing a warrant to search for any child or young person may—

(a)

enter and search, by force if necessary, any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place:

(b)

if that person believes, on reasonable grounds, that the child or young person has suffered, or is likely to suffer, ill-treatment, serious neglect, abuse, serious deprivation, or serious harm,—

(i)

remove or detain, by force if necessary, the child or young person and place the child or young person in the custody of the chief executive; or

(ii)

where the child or young person is in a hospital, direct the medical superintendent of that hospital to keep that child or young person in that hospital.

(4)

Where any direction is issued pursuant to subsection (3)(b)(ii) in respect of any child or young person, that child or young person shall be deemed to have been placed in the custody of the chief executive pursuant to this section.

Compare: 1974 No 72 s 7(1)–(3)

Section 39(1): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 39(1): amended, on 1 October 2012, by section 207(1) of the Search and Surveillance Act 2012 (2012 No 24).

Section 39(1A): inserted, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 39(2): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 39(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 39(3): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 39(3)(b)(i): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 39(4): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

40 Warrant to remove child or young person

(1)

Where an application for a care or protection order has been made in respect of a child or young person, any District Court Judge or, if no District Court Judge is available, any issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may, on application in writing verified in accordance with section 99 of that Act, where there are reasonable grounds for believing that the child or young person is—

(a)

suffering, or is likely to suffer, ill-treatment, serious neglect, abuse, serious deprivation, or serious harm; or

(b)

so seriously disturbed as to be likely—

(i)

to act in a manner harmful to the child or young person or any other person; or

(ii)

to cause serious damage to property,—

issue a warrant authorising any constable, either by name or generally, or the chief executive, to search for the child or young person.

(1A)

The function of executing a warrant issued in the name of the chief executive may be performed by a social worker or any other person authorised under a delegation to carry out that function (see section 7C).

(2)

An application for a warrant under subsection (1) may be made by a constable or the chief executive.

(3)

The alleged commission of an offence shall not of itself be sufficient grounds for the issue of a warrant under this section.

(4)

Any person executing a warrant to search for any child or young person may—

(a)

enter and search, by force if necessary, any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place:

(b)

either—

(i)

remove or detain, by force if necessary, the child or young person and place the child or young person in the custody of the chief executive; or

(ii)

where the child or young person is in a hospital, direct the medical superintendent of that hospital to keep that child or young person in that hospital.

(5)

Where any direction is issued pursuant to subsection (4)(b)(ii) in respect of any child or young person, that child or young person shall be deemed to have been placed in the custody of the chief executive pursuant to this section.

Compare: 1974 No 72 s 28(1)–(3)

Section 40(1): amended, on 1 July 2019, by section 36 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 40(1): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 40(1): amended, on 1 October 2012, by section 207(2) of the Search and Surveillance Act 2012 (2012 No 24).

Section 40(1A): inserted, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 40(2): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 40(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 40(4): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 40(4)(b)(i): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 40(5): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

41 Person executing warrant to produce evidence of authority and identity
[Repealed]

Section 41: repealed, on 2 September 1996, by section 2(2) of the Children, Young Persons, and Their Families Amendment Act 1996 (1996 No 112).

42 Search without warrant

(1)

Any constable who believes on reasonable grounds that it is critically necessary to protect a child or young person from injury or death may, without warrant,—

(a)

enter and search, by force if necessary, any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place:

(b)

remove or detain, by force if necessary, the child or young person and place the child or young person in the custody of the chief executive.

(2)

Every constable who exercises any powers conferred by subsection (1) shall, on first entering any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place, and if requested, at any subsequent time,—

(a)

produce evidence of identity; and

(b)

disclose that those powers are being exercised under this section.

(3)

A constable who exercises the power conferred by subsection (1) shall, within 3 days after the day on which the power is exercised, forward to the Commissioner of Police a written report on the exercise of the power and the circumstances in which it came to be exercised.

Compare: 1974 No 72 s 8

Section 42(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 42(1)(b): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 42(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 42(3): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

43 Placement of child or young person placed in custody of chief executive

(1)

Subject to subsection (2), where a child or young person is placed in the custody of the chief executive pursuant to section 39 or section 40 or section 42, the chief executive may place the child or young person with—

(a)

a parent or guardian of the child or young person; or

(b)

any other person who previously had the care of the child or young person; or

(c)

any member of the child’s or young person’s family, whanau, or family group; or

(d)

any person approved by the chief executive.

(2)

If it is not practicable or appropriate to place the child or young person with any of the persons specified in any of paragraphs (a) to (d) of subsection (1), the chief executive may place the child or young person in a residence.

(3)

Where a child or young person is placed in the custody of the chief executive pursuant to section 39 or section 40 or section 42, the chief executive may, at any time, release the child or young person from that custody.

Section 43 heading: amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 43(1): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 43(1)(d): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 43(2): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 43(3): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

44 Parent or guardian may apply for release of or access to child or young person

(1)

Where a child or young person is placed in the custody of the chief executive pursuant to section 39 or section 40 or section 42, any parent or guardian or other person previously having the care of the child or young person may apply to the court for the release of that child or young person, or for access to that child or young person while the child or young person is in the custody of the chief executive, and the court may make any order that it is empowered to make under section 46.

(2)

An application may be made under subsection (1) at any time before the child or young person is released from the custody of the chief executive or is brought before the court in accordance with section 45.

Section 44(1): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 44(1): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 44(2): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

45 Child or young person placed in custody of chief executive to be brought before court within 5 days unless sooner released

A child or young person who is placed in the custody of the chief executive pursuant to section 39 or section 40 or section 42

(a)

shall be brought before the court not later than the fifth day after the date on which that child or young person is so placed, unless, before that day,—

(i)

the child or young person is released from that custody; or

(ii)

an order is made under section 78 with respect to the custody of that child or young person:

(b)

may be kept in the custody of the chief executive until the child or young person is brought before the court in accordance with paragraph (a), or for such further period as may be directed by a Family Court Judge.

Section 45 heading: amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 45: amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 45(b): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

46 Powers of court where application made under section 44 or child or young person brought before court under section 45

Where an application is made to the court under section 44, or a child or young person is brought before the court pursuant to section 45, the court may—

(a)

make an order—

(i)

directing that the child or young person be released from custody; and

(ii)

subject to any order in force under the Care of Children Act 2004 and relating to who has the role of providing day-to-day care for the child or young person, directing that the role of providing day-to-day care for the child or young person be exercised by any person the court thinks fit:

(b)

if an application for a care or protection order has been made in respect of the child or young person, make an order under section 78 relating to the custody of the child or young person pending the determination of the application:

(c)

make any order that it is empowered to make under section 121.

Section 46(a)(ii): replaced, on 1 July 2005, by section 151 of the Care of Children Act 2004 (2004 No 90).

Section 46(b): amended, on 1 July 2019, by section 37 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

47 Report to be furnished to Commissioner where child or young person released before required to be brought before court

(1)

Where—

(a)

a child or young person is placed in the custody of the chief executive pursuant to section 39 or section 40 or section 42; and

(b)

the child or young person is released from that custody before the child or young person is required by section 45(a) to be brought before the court,—

the person who placed the child or young person in that custody shall, as soon as practicable after the release of the child or young person, send to the Commissioner a report containing the details required by subsection (2).

(2)

The details to be included in a report required by subsection (1) in relation to the placing of a child or young person in the custody of the chief executive are as follows:

(a)

where the child or young person was placed in the custody of the chief executive pursuant to a warrant issued under section 39 or section 40, the grounds on which that warrant was issued and the reasons why the child or young person was so placed:

(b)

where the child or young person was placed in the custody of the chief executive pursuant to section 42, the reasons why the child or young person was so placed:

(c)

where and with whom the chief executive placed the child or young person while the child or young person was in the chief executive’s custody:

(d)

whether a medical examination of the child or young person was carried out pursuant to section 53, and, if so, the findings of that examination:

(e)

the reason for releasing the child or young person from the custody of the chief executive:

(f)

the details of any further action that the person who placed the child or young person in that custody has taken, or is proposing to take, in relation to the child or young person.

Section 47 heading: amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 47(1): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 47(1)(a): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 47(2): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 47(2)(a): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 47(2)(b): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 47(2)(c): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 47(2)(e): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 47(2)(f): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

48 Unaccompanied children and young persons

(1)

Where a child or young person is found unaccompanied by a parent or guardian or other person who usually has the care of the child or young person in a situation in which the child’s or young person’s physical or mental health is being, or is likely to be, impaired, a constable may, using such force as may reasonably be necessary, take the child or young person and—

(a)

with the consent of the child or young person, deliver the child or young person into the custody of a parent or guardian or other person usually having the care of the child or young person; or

(b)

if—

(i)

the child or young person does not wish to be returned to a parent or guardian or other person having the care of the child or young person; or

(ii)

no parent or guardian or other such person is willing or able to have custody of the child or young person,—

place the child or young person in the custody of the the chief executive (acting through the chief executive’s delegate) by delivering the child or young person to a social worker.

(2)

Placement of a child or young person in the custody of the chief executive shall be sufficient authority for the detention of the child or young person by the delegate or in a residence under this Act until—

(a)

the child or young person agrees to being returned to a parent or guardian or other person usually having the care of the child or young person who is willing to have the care of the child or young person; or

(b)

an application is made to the court for a care or protection order and the child or young person is brought before the court for the purpose of determining whether the child or young person is to be held in custody pending the disposal of the application; or

(c)

where the circumstances of the case indicate that the child or young person is, or may be, in need of care or protection, the expiry of 5 days after the day on which the child or young person was placed in custody, or in any other case, 3 days after that date—

whichever first occurs.

(3)

In subsections (1) and (2) the term young person means a person of or over the age of 14 years but under the age of 18 years.

Compare: 1974 No 72 s 12; 1981 No 113 s 50; 1982 No 135 s 4

Section 48(1): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 48(1): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 48(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 48(1)(b): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 48(2): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 48(2): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 48(2)(b): amended, on 1 July 2019, by section 38 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 48(3): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Medical examination of child or young person

49 Court may order medical examination of child or young person

(1)

Where the court is satisfied—

(a)

that there are reasonable grounds for suspecting that a child or young person is suffering ill-treatment, abuse, neglect, deprivation, or serious harm; and

(b)

that it is expedient that a medical examination of that child or young person be carried out for the purpose of determining whether that suspicion is well-founded,—

the court may order the child or young person to attend for a medical examination by a health practitioner whom the court considers qualified for the purpose.

(2)

An application for an order under subsection (1) may be made by the chief executive or a constable.

(3)

Every application for an order under subsection (1) shall be served on the barrister or solicitor representing the child or young person and on such other persons as the court directs.

(4)

The following persons shall be entitled to appear and be heard on the hearing of an application under this section:

(a)

the applicant:

(b)

any person on whom the application is served:

(c)

with the leave of the court, any other person.

Section 49(1): amended, on 31 January 2018, by section 6 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2016 (2016 No 75).

Section 49(1): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 49(2): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 49(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

50 Ex parte application for order for medical examination

(1)

An order may be made under section 49 on an ex parte application if the court is satisfied—

(a)

that the delay that would be caused by proceeding on notice would or might entail risk to the personal safety of the child or young person who is the subject of the application; or

(b)

that proceeding on notice would be likely to prejudice investigations into whether the child or young person is in need of care or protection.

(2)

No order may be made under section 49 on an ex parte application unless the barrister or solicitor representing the child or young person has been given an opportunity to be heard.

(3)

Where an order is made under section 49 on an ex parte application, any person affected by the order may apply at any time for a variation or discharge of the order.

51 Court may impose conditions on order for medical examination

Any order under section 49 may be made on such terms and conditions as the court thinks fit, including restrictions on the nature of the medical examination that may be carried out and the procedures that may be used to carry out that examination.

52 Health practitioner to prepare report on examination

(1)

Every health practitioner who carries out a medical examination of a child or young person pursuant to an order under section 49 shall forthwith prepare a written report of the results of that examination and shall supply that report to the court.

(2)

A copy of every report supplied to the court pursuant to subsection (1) shall be given by the Registrar to—

(a)

every person entitled to appear and be heard on the application to which the report relates:

(b)

any other person whom the court considers has a proper interest in receiving a copy of the report.

Section 52 heading: amended, on 31 January 2018, by section 7(1) of the Children, Young Persons, and Their Families Amendment Act (No 2) 2016 (2016 No 75).

Section 52(1): amended, on 31 January 2018, by section 7(2) of the Children, Young Persons, and Their Families Amendment Act (No 2) 2016 (2016 No 75).

53 Medical examination of child or young person at request of chief executive

(1)

This section applies to any child or young person—

(a)

in respect of whom a warrant has been issued under section 39; or

(b)

who is placed in the custody of the chief executive under that section or under section 40 or section 42.

(2)

The chief executive may, with the consent of any parent or guardian of the child or young person, arrange for any child or young person to whom this section applies to be medically examined by a health practitioner qualified for the purpose.

(3)

Where, after making reasonable efforts to do so, the chief executive does not obtain the consent of a parent or guardian of a child or young person to a medical examination under subsection (2), the chief executive may require the child or young person to be medically examined by a health practitioner qualified for the purpose.

Section 53 heading: amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 53(1)(b): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 53(2): amended, on 31 January 2018, by section 8(1) of the Children, Young Persons, and Their Families Amendment Act (No 2) 2016 (2016 No 75).

Section 53(2): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 53(2): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 53(3): amended, on 31 January 2018, by section 8(2) of the Children, Young Persons, and Their Families Amendment Act (No 2) 2016 (2016 No 75).

Section 52(3): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 53(3): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

54 Child or young person entitled to have adult present

Every child or young person who is medically examined under section 53 is entitled to have present during that examination 1 adult—

(a)

who is nominated for that purpose by that child or young person or, if the age or level of maturity of the child or young person makes it impracticable for that child or young person to make such a nomination, by the chief executive; and

(b)

who consents to be present.

Section 54(a): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 54(a): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

55 Restrictions on internal examinations and examinations under general anaesthetic

(1)

No medical examination carried out under section 53 shall include any internal examination of the genitals or anus of any child or young person unless—

(a)

the health practitioner carrying out the examination believes that the child or young person may have been subject to recent physical or sexual abuse involving either or both of those parts of the body; and

(b)

the child or young person consents to such an examination of that part of the body.

(2)

No medical examination carried out under section 53 shall include any medical procedure that involves the administration of a general anaesthetic to the child or young person.

(3)

Nothing in subsection (1)(b) requires the consent of any child or young person to any examination if the age or level of maturity of the child or young person makes it impracticable to obtain such consent.

Section 55(1)(a): amended, on 31 January 2018, by section 9 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2016 (2016 No 75).

56 Health practitioner to prepare report on examination

Every health practitioner who carries out a medical examination of a child or young person under section 53 shall forthwith prepare a written report of the results of that examination and shall supply that report to the person who arranged or required the examination.

Section 56 heading: amended, on 31 January 2018, by section 10(1) of the Children, Young Persons, and Their Families Amendment Act (No 2) 2016 (2016 No 75).

Section 56: amended, on 31 January 2018, by section 10(2) of the Children, Young Persons, and Their Families Amendment Act (No 2) 2016 (2016 No 75).

Section 56: amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

57 Report to chief executive following medical examination

A delegate of the chief executive who exercises the power under section 53(3) to require a medical examination to be carried out shall, within 3 days after the day on which that examination is carried out, forward to the chief executive a written report on the exercise of that power and the circumstances in which it came to be exercised.

Section 57 heading: replaced, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 57: amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 57: amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

58 Fees for reports prepared under section 52 or section 56

Where any person prepares a report pursuant to section 52 or section 56, the fees and expenses of that person shall be paid—

(a)

out of money appropriated by Parliament for the purpose; or

(b)

if the court so decides, by such party or parties to the proceedings as the court may order.

Production of documents relevant to investigation

59 Application for production of documents relevant to investigation of whether child or young person in need of care or protection or assistance under section 17(2A)

(1)

Subject to subsection (4), the chief executive or a constable may apply to the court for an order requiring a person to produce a document for inspection by the chief executive or that constable if—

(a)

they believe on reasonable grounds that any person has, in that person’s possession, custody, or power, any document that contains, or they think is likely to contain, information necessary or relevant for the purpose of determining whether any child or young person is in need of care or protection (otherwise than on the ground specified in section 14(1)(e)) or is in need of assistance under section 17(2A); and

(b)

that person has refused to allow that document to be inspected.

(2)

Subject to section 60, notice of an application under subsection (1) for an order for the production of a document shall be given by the applicant to the person in respect of whom the order is sought and to such other person or persons as the court directs.

(3)

The applicant and every person to whom notice of an application under subsection (1) is given shall be entitled to appear and be heard on the hearing of the application.

(4)

Nothing in subsection (1) applies in respect of any document the production of which would breach legal professional privilege.

Section 59 heading: amended, on 1 July 2019, by section 39(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 59(1): replaced, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 59(1)(a): amended, on 1 July 2019, by section 39(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 59(1)(a): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

60 Ex parte application for order for production of document

(1)

An order may be made under section 61 on an ex parte application if the court is satisfied that proceeding on notice would be likely to prejudice investigations into whether a child or young person is in need of care or protection.

(2)

Where an order is made under section 61 on an ex parte application, the person in respect of whom the order is made, or any other person affected by the order, may apply at any time for a variation or discharge of the order.

61 Court may order document to be produced

(1)

Where an application is made under section 59 for the production of any document, and the court is satisfied that the document contains information necessary or relevant for the purpose of determining whether any child or young person is in need of care or protection (other than on the ground specified in section 14(1)(e)) or is in need of assistance under section 17(2A), the court may, subject to section 59(4), order the person named in the application as the person who has the document in that person’s possession, custody, or power to produce that document for inspection by the applicant.

(2)

The court may inspect any document for the purpose of determining whether to make an order under this section for the production of that document, and for that purpose may order that document to be produced to the court.

(3)

Every person commits an offence and is liable on conviction to a fine not exceeding $2,000 who, being a person who is ordered pursuant to this section to produce any document, refuses or fails to comply with that order.

Section 61(1): amended, on 1 July 2019, by section 40 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 61(3): amended, on 1 July 2013, by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).

62 Section 61 to apply notwithstanding any enactment or rule of law

(1)

Subject to section 59(4), section 61 applies notwithstanding any enactment, or any rule of law, that obliges any person to maintain secrecy in relation to, or not to disclose, any matter, and any compliance with that section is not a breach of the relevant obligation of secrecy or non-disclosure or of the enactment or rule of law by which that obligation is imposed.

(2)

Subject to section 59(4), no person shall be excused from producing any document under section 61

(a)

on the ground that the production of that document could or would tend to incriminate that person or subject that person to any penalty or forfeiture; or

(b)

on the ground of any other privilege that could otherwise be claimed by that person in relation to the production of the document in any proceedings in a court.

63 Right to remove, retain, and make copies of document produced under section 61

A person to whom a document is produced for inspection under section 61 may—

(a)

remove and retain that document for so long as is necessary for a full inspection of that document:

(b)

make copies of that document.

Section 63: amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

64 Document produced under section 61 not to be used for any other purpose

(1)

A person to whom a document is produced for inspection under section 61

(a)

shall make use of that document, and any copy of that document taken pursuant to section 63(b), only for the purposes of this Part; and

(b)

except for the purposes of this Part, shall not disclose that document, or any copy of that document taken pursuant to section 63(b), to any other person.

(2)

Every person commits an offence and is liable on conviction to a fine not exceeding $2,000 who contravenes subsection (1).

Section 64(1): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 64(2): amended, on 1 July 2013, by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).

65 Use of documents in subsequent proceedings

(1)

No document produced, pursuant to an order under section 61,is admissible as evidence in any proceedings under this Act or any other Act if, but for the provisions of section 62, that document could not, by virtue of any enactment, rule of law, or privilege, have been ordered to be so produced.

(2)

No document or information shall be privileged from being given in evidence in any proceedings under this Act or any other Act, and no objection to the admissibility of any document or information in any such proceedings shall be upheld, merely because the document or information was obtained as a result of the production of any document pursuant to an order under section 61.

Section 65(1): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Information sharing

Heading: inserted, on 1 July 2019, by section 41 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

65A Purpose of information sharing and principle for information sharing decisions

(1)

The purpose of sections 66 to 66Q is to facilitate the gathering and sharing of information to achieve the purposes in section 4(1)(a) to (j).

(2)

Persons carrying out functions under sections 66 to 66Q must have regard to the principle that (because the well-being and best interests of a child or young person are the first and paramount consideration) the well-being and best interests of any child or young person, in general, take precedence over any duty of confidentiality owed by any person in relation to—

(a)

the child or young person; or

(b)

any person who is a family member of that child or young person or in a family relationship with that child or young person (within the meaning of section 12 of the Family Violence Act 2018).

Section 65A: inserted, on 1 July 2019, by section 41 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 65A(2)(b): amended, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).

66 Agencies to supply information

(1)

Every agency (within the meaning of section 2(1) of the Privacy Act 1993, which includes a person) must, on request, supply to the chief executive, a care and protection co-ordinator, or a constable any information held by the agency that may relate to or affect the safety or well-being of a child or young person, if the information is—

(a)

required to determine whether a child or young person is in need of care or protection or assistance under section 17(2) and (2A); or

(b)

required for the purposes of any proceedings under this Part (including a family group conference).

(2)

Despite subsection (1), an agency may refuse to disclose any information that may be withheld on the grounds of legal professional privilege.

(3)

Information obtained under subsection (1)—

(a)

must not be used for the purposes of investigating any offence; and

(b)

is not admissible in any proceedings other than proceedings under this Part.

Section 66: replaced, on 1 July 2019, by section 41 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

66A Disclosure of information obtained under section 66

(1)

The chief executive or a constable may disclose any information relating to a child or young person obtained under section 66 to a child welfare and protection agency or an independent person if the chief executive or constable reasonably believes that providing the information will fulfil any of the following purposes:

(a)

preventing or reducing the risk of a child or young person being subject to harm, ill-treatment, abuse, neglect, or deprivation:

(b)

making or contributing to an assessment of risk or need in relation to a child or young person, or a class of children or young persons:

(c)

making, contributing to, or monitoring any support plan for a child or young person where the plan relates to the activities and functions of the department:

(d)

preparing, implementing, or reviewing any prevention plan or strategy issued by the department:

(e)

arranging, providing, or reviewing services facilitated by the department for a child or young person, or their family or whānau:

(f)

carrying out any function in relation to family group conferences, children or young persons in care, or other functions relating to care or protection under this Part.

(2)

Section 66(3) applies in respect of any information disclosed under this section as if it were disclosed under section 66(1).

(3)

In this section, in care has the same meaning as in section 7(4)(b).

Section 66A: inserted, on 1 July 2019, by section 41 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

66B Restrictions on disclosure of information under section 66A

The chief executive or a constable may not disclose information to a child welfare and protection agency or an independent person under section 66A if—

(a)

the information was disclosed to the chief executive or constable in circumstances that would otherwise have put the person who disclosed the information in breach of the person’s duty of confidence under the rules of the profession in which they practise; and

(b)

the chief executive or constable is aware, after making reasonable inquiries, that the disclosure would otherwise involve a breach of a duty of confidence of the kind referred to in paragraph (a) (whether as a result of being advised by the person disclosing the information or otherwise); and

(c)

the person to whom the information relates or their representative has not consented to the disclosure.

Section 66B: inserted, on 1 July 2019, by section 41 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

66C Use and disclosure of personal information relating to child or young person or classes of children or young persons

A child welfare and protection agency or an independent person that holds information relating to a child or young person or any class of children or young persons (including information contained in a dataset) may, irrespective of the purpose for which that information was collected,—

(a)

use that information for the purposes of—

(i)

preventing or reducing the risk of a child or young person being subject to harm, ill-treatment, abuse, neglect, or deprivation; or

(ii)

making or contributing to an assessment of risk or need in relation to a child or young person, or any class of children or young persons; or

(iii)

making, contributing to, or monitoring any support plan for a child or young person, where the plan relates to the activities and functions of the department; or

(iv)

preparing, implementing, or reviewing any prevention plan or strategy issued by the department; or

(v)

arranging, providing, or reviewing services facilitated by the department for a child or young person and their family or whānau; or

(vi)

carrying out any function in relation to family group conferences, children or young persons in care, or other functions relating to care or protection under this Part; or

(b)

disclose (whether on request or on the agency’s or independent person’s own initiative) that information to another child welfare and protection agency or an independent person if the agency or independent person disclosing the information reasonably believes that disclosing the information will assist the agency or independent person receiving the information to carry out any of the purposes described in paragraph (a).

Section 66C: inserted, on 1 July 2019, by section 41 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

66D Public notification of information about combined datasets

(1)

To avoid doubt, a child welfare and protection agency may use information relating to a child or young person to produce, link, or analyse datasets of information and produce combined datasets.

(2)

If a child welfare and protection agency links or analyses datasets or produces combined datasets from more than 1 source, it must notify, at least once a year, on an Internet site maintained by the agency, an independent person, or a class of independent persons,—

(a)

the types of information used in the combined datasets:

(b)

the sources of those types of information:

(c)

the purpose or purposes served by creating or analysing the combined datasets:

(d)

the privacy safeguards relating to the use of the combined datasets.

Section 66D: inserted, on 1 July 2019, by section 41 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

66E Application of sections 66F to 66J

Sections 66F to 66J do not apply until a Code for information sharing approved by the Minister under section 66N(1) comes into force.

Section 66E: inserted, on 1 July 2019, by section 41 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

66F Definitions

In sections 66G to 66J,—

authorised child welfare and protection agency, in relation to any of those provisions, means a child welfare and protection agency or a class of child welfare and protection agencies, authorised by the Code of information sharing to exercise powers or perform functions under the particular provision

authorised independent person means, in relation to any of those provisions, an independent person or a class of independent persons, authorised by the Code of information sharing to exercise powers or perform functions under the particular provision

information relevant to the safety or well-being of a child or young person includes information about—

(a)

a member of the family of that child or young person; or

(b)

any other person in a family relationship (within the meaning of section 12 of the Family Violence Act 2018) with that child or young person; or

(c)

any person who is likely to reside with the child or young person.

Section 66F: inserted, on 1 July 2019, by section 41 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 66F information relevant to the safety or well-being of a child or young person paragraph (b): amended, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).

66G Requests for information by authorised child welfare and protection agencies or authorised independent persons from other authorised child welfare and protection agencies or authorised independent persons

An authorised child welfare and protection agency or an authorised independent person (the requestor) may request another authorised child welfare and protection agency or an authorised independent person (the provider) to disclose to the requestor any information that the provider holds that is information relevant to the safety or well-being of—

(a)

a particular child or young person and their family; or

(b)

a class of children or young persons and their families.

Section 66G: inserted, on 1 July 2019, by section 41 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

66H Duty of child welfare and protection agency or independent person receiving request under section 66G

An authorised child welfare and protection agency or an authorised independent person—

(a)

must comply with a request under section 66G if, after receiving sufficient information from the requestor to make a decision, the provider reasonably believes that the information will assist the requestor to fulfil any of the purposes set out in section 66A(1); but

(b)

may decline the request if section 66I applies.

Section 66H: inserted, on 1 July 2019, by section 41 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

66I When request under section 66G may be declined

An authorised child welfare and protection agency or an authorised independent person may decline a request under section 66G if that agency or person—

(a)

is not satisfied that disclosure of the information will help to fulfil any of the purposes in section 66A(1); or

(b)

reasonably believes that—

(i)

disclosure is likely to increase the risk of the child or young person being subject to harm, ill-treatment, abuse, neglect, or deprivation, and that risk outweighs the benefits of disclosure; or

(ii)

disclosure will prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial, and that prejudice is likely to outweigh the benefits of disclosure; or

(iii)

disclosure will prejudice the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation); or

(iv)

disclosure will breach legal professional privilege; or

(v)

disclosure will be contrary to the express wishes of the child or young person (expressed either directly or through their representative) and disclosure is not in the best interests of the child or young person.

Section 66I: inserted, on 1 July 2019, by section 41 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

66J Reasons for declining request

An authorised child welfare and protection agency or an authorised independent person who declines a request under section 66G must give the requestor notice of the decision to decline the request and the reasons for the decision.

Section 66J: inserted, on 1 July 2019, by section 41 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

66K Consultation to be undertaken when information is requested or proposed to be disclosed under section 66C or 66H

If a child welfare and protection agency or an independent person proposes to disclose information under section 66C, or an authorised child welfare and protection agency or an authorised independent person proposes to disclose information under section 66H, the agency or person must, if it is practicable and appropriate to do so,—

(a)

inform the child or young person concerned, or their representative, about the proposed disclosure, including the purposes and likely recipients of any disclosure; and

(b)

provide the child or young person or their representative any reasonable assistance necessary to—

(i)

understand the nature of the proposed disclosure; and

(ii)

express their views about the proposed disclosure; and

(iii)

understand the consequences of the decision that is taken in relation to the disclosure; and

(c)

take into account any view expressed about the proposed disclosure before deciding whether to disclose the information.

Section 66K: inserted, on 1 July 2019, by section 41 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Code of practice for information sharing

Heading: inserted, on 1 July 2019, by section 41 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

66L Purpose of Code for information sharing

(1)

The purpose of a Code of Practice for Information Sharing (a Code) is to provide both guidance and direction to child welfare and protection agencies and independent persons about the application of the information sharing provisions in sections 66 to 66K and how disputes about the interpretation and application of those provisions should be resolved.

(2)

Without limiting subsection (1), a Code may—

(a)

authorise a child welfare and protection agency or a class of child welfare and protection agencies or an independent person or a class of independent persons to exercise 1 or more of the powers or carry out 1 or more of the functions set out in sections 66G to 66J:

(b)

contain binding rules about the circumstances in which—

(i)

the powers conferred by 1 or more of those sections can be exercised; and

(ii)

the duties imposed by 1 or more of those sections must or may be carried out; and

(c)

specify the conditions to which the exercise of those powers and carrying out of those functions is subject; and

(d)

specify how disputes about the interpretation and application of those provisions are to be resolved.

Section 66L: inserted, on 1 July 2019, by section 41 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

66M Consultation on draft Code by Minister

(1)

As soon as practicable after the commencement of this section but before the Minister issues a draft Code, the Minister must consult the following persons about the content and form of the Code:

(a)

the Privacy Commissioner:

(b)

the Children’s Commissioner:

(c)

any organisations or individuals who the Minister is satisfied represent the interests of—

(i)

child welfare and protection agencies; and

(ii)

independent persons; and

(iii)

different classes of child welfare and protection agencies and independent persons.

(2)

The Minister must, as soon as practicable after undertaking the consultation required by subsection (1), make decisions on the form and content of the draft Code and arrange for it to be—

(a)

notified in the Gazette; and

(b)

published on an Internet site maintained by the Government.

(3)

The notification of the draft Code must state—

(a)

that written submissions on the draft Code are invited from members of the public and interested organisations; and

(b)

where copies of the draft Code may be obtained; and

(c)

the closing date for submissions; and

(d)

the address to which submissions are to be sent.

Section 66M: inserted, on 1 July 2019, by section 41 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

66N Approval of draft Code by Minister

(1)

After considering a summary of issues and concerns raised by submitters and making any amendments to the draft Code, the Minister must approve the Code.

(2)

The Code comes into force—

(a)

on the date specified for that purpose in the Code, being a date after the date on which the Code is approved; or

(b)

if no such date is specified, the day after the date on which the Code is approved.

Section 66N: inserted, on 1 July 2019, by section 41 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

66O Application of Legislation Act 2012 to Code

The Code is a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

Section 66O: inserted, on 1 July 2019, by section 41 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

66P Amendments to Code

(1)

The Code may be amended by the Minister approving 1 or more amendments to the Code.

(2)

Sections 66M to 66O apply, with all necessary modifications, in relation to an amendment to the Code as if the amendment were a draft Code.

(3)

However, section 66M does not apply to an amendment and it is unnecessary for the Minister to consider a summary of issues and concerns if—

(a)

the amendment is a minor or technical amendment; and

(b)

the Minister considers that compliance with section 66M is unnecessary.

Section 66P: inserted, on 1 July 2019, by section 41 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

66Q Relationship with other enactments

(1)

Sections 66 to 66P do not—

(b)

limit or prevent the collection, use, or disclosure of information that is—

(i)

authorised or required under any other enactment; or

(ii)

permitted under any other enactment.

(2)

The collection, storage, and use of information under sections 66 to 66J of this Act must comply with principles 1, 4, 5, 6, 7, 8, 9, and 12 of section 6 of the Privacy Act 1993.

(3)

Sections 66 to 66P do not limit principle 11 in section 6 of the Privacy Act 1993 (which permits certain disclosures in addition to those authorised under those sections).

(4)

However, if there is any other inconsistency between sections 66 to 66P of this Act and any provisions of the Privacy Act 1993, sections 66 to 66P prevail.

(5)

Despite section 344(2) of the Education Act 1989, the chief executive of the Ministry of Education may use national student numbers to gather information for any of the purposes set out in section 66A(1), and the information so gathered may be used for any of those purposes.

Section 66Q: inserted, on 1 July 2019, by section 41 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Proceedings in respect of children and young persons in need of care or protection

67 Grounds for declaration that child or young person is in need of care or protection
[Repealed]

Section 67: repealed, on 1 July 2019, by section 42 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

68 Application for care or protection order

An application for a care or protection order (as defined in section 2) may be made by—

(a)

the chief executive; or

(b)

a constable; or

(c)

with the leave of the court, any other person.

Compare: 1974 No 72 s 27(1)

Section 68 heading: amended, on 1 July 2019, by section 43(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 68: amended, on 1 July 2019, by section 43(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 68(a): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 68(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

69 Joint applications

An application for a care or protection order may be made jointly by the chief executive or a constable and a parent or guardian or other person having the care of the child or young person.

Section 69: amended, on 1 July 2019, by section 44 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 69: amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

70 No application for care or protection order to be made unless family group conference has been held

(1)

Subject to subsection (2), no application for a care or protection order (other than an interim order) may be made unless a family group conference has been held under this Part (or, in the case of an application on the ground specified in section 14(1)(e), under Part 4) in relation to the matter that forms the ground on which the application is made.

(2)

Subsection (1) does not apply where—

(a)

the child or young person in respect of whom the application is made has been placed in the custody of the chief executive under section 39 or section 42; or

(b)

the applicant believes that the interests of the child or young person in respect of whom the application is made require that an interim restraining order or an interim guardianship order be granted as a matter of urgency, and an application for such an order is made at the same time as the application; or

(ba)

an application for a custody order under section 78 is made at the same time as the application, and the applicant believes,—

(i)

where the application is made on the ground specified in section 14(1)(e),—

(A)

that it is not possible to make suitable alternative arrangements for the custody of the child in respect of whom the application is made pending the determination of the application; or

(B)

that it is in the public interest that the child be held in custody pending the determination of the application:

(ii)

in any other case, that the interests of the child or young person in respect of whom the application is made require that such a custody order be granted as a matter of urgency; or

(c)

the application is made on the ground specified in section 14(1)(a)(i) (in the circumstances referred to in section 14AA(1)(b)) and, after reasonable enquiries, it is not possible to ascertain the whereabouts of any member of the family, whanau, or family group of the child or young person to whom the application relates.

(3)

Where, pursuant to any of paragraphs (a) to (ba) of subsection (2), an application for a care or protection order (other than an interim order) is made without a family group conference having been held, the Registrar shall forthwith refer the application to,—

(a)

in the case of an application made on the ground specified in section 14(1)(e), a youth justice co-ordinator; or

(b)

in any other case, a care and protection co-ordinator—

for the purposes of convening a family group conference.

Section 70 heading: amended, on 1 July 2019, by section 45(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 70(1): amended, on 1 July 2019, by section 45(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 70(2)(a): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 70(2)(a): amended, on 1 November 1989, by section 6(1)(a) of the Children, Young Persons, and Their Families Amendment Act 1989 (1989 No 70).

Section 70(2)(b): replaced, on 8 January 1995, by section 9(1) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 70(2)(b): amended, on 1 July 2019, by section 45(3) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 70(2)(ba): inserted, on 8 January 1995, by section 9(1) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 70(2)(c): amended, on 1 July 2019, by section 45(4) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 70(3): replaced, on 8 January 1995, by section 9(2) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 70(3): amended, on 1 July 2019, by section 45(5) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

71 Court may make care or protection order in absence of proof of responsibility for neglect or ill-treatment of child or young person

Where—

(a)

an application for a care or protection order is made on any of the grounds specified in paragraph (a) or paragraph (b) of section 14(1); and

(b)

the court is satisfied that, but for the failure of the evidence to establish that a parent or guardian of the child or young person or a person having the care of the child or young person is culpable in relation to the harm suffered by the child or young person, the grounds specified in section 14(1)(a)(i) or (ii) (in the circumstances referred to in section 14AA(1)(a) or (2)(a)) are made out,—

the court may find those grounds made out.

Compare: 1974 No 72 s 29A; 1983 No 129 s 6(1)

Section 71 heading: amended, on 1 July 2019, by section 46(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 71(a): amended, on 1 July 2019, by section 46(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 71(b): amended, on 1 July 2019, by section 46(3) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

72 Court not to make care or protection order unless family group conference held

(1)

Subject to subsection (2), the court shall not make a care or protection order (other than an interim order) unless a family group conference has been held under this Part (or, in the case of an application on the ground specified in section 14(1)(e), under Part 4) in relation to the matter that forms the ground of the application.

(2)

Nothing in subsection (1) applies in respect of any application to which section 70(2)(c) applies.

(3)

Where an application is made to the court for a care or protection order (other than an interim order), the court may, at any stage of the hearing of that application, on the application of any party to the proceedings or of its own motion, direct a care and protection co-ordinator to convene a family group conference in relation to the matter that forms the ground of the application.

Section 72 heading: amended, on 1 July 2019, by section 47(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 72(1): amended, on 1 July 2019, by section 47(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 72(3): amended, on 1 July 2019, by section 47(3) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

73 Court not to make care or protection order unless satisfied that child’s or young person’s need for care or protection cannot be met by other means

(1)

The court shall not make a care or protection order (other than an interim order) unless it is satisfied that it is not practicable or appropriate to provide care or protection for the child or young person by any other means, including the implementation of any decision, recommendation, or plan made or formulated by a family group conference convened in relation to that child or young person.

(2)

In deciding whether or not to make a care or protection order (other than an interim order) on the basis of any of the grounds specified in section 14(1)(a)(i) or (ii) (in the circumstances referred to in section 14AA(1)(a) or (2)(a)), the court shall take into account, among other things, any evidence before the court—

(a)

that the kind of harm suffered by the child or young person will neither continue nor be repeated:

(b)

that a parent or guardian or other person having the care of the child or young person will be capable of ensuring that the kind of harm suffered by the child or young person will be neither continued nor repeated.

Section 73 heading: amended, on 1 July 2019, by section 48(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 73(1): amended, on 1 July 2019, by section 48(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 73(2): amended, on 1 July 2019, by section 48(3) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 73(2): amended, on 1 July 2019, by section 48(4) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Counselling

74 Court may require parties to undergo counselling

(1)

Where an application is made to the court for a care or protection order in relation to a child or young person, the court may direct all or any of the following persons to participate in counselling of a nature specified by the court:

(a)

the child or young person in respect of whom the application is made:

(b)

any parent or guardian of the child or young person or any person having the care of the child or young person:

(c)

where the application is accompanied by or joined with an application for a restraining order or an interim restraining order, any person in respect of whose conduct that order or interim order is sought.

(2)

Where a direction made under subsection (1) does not specify the person who is to undertake the counselling, the direction shall be referred to the Registrar of the court, and that Registrar shall, on receipt of the direction, refer to an appropriate counsellor the person or persons in respect of whom the direction is given.

(3)

In determining, for the purposes of any direction made under subsection (1), the nature of the counselling and the person who is to carry out the counselling, the court or Registrar, as the case may be, shall have regard to the views of the person or persons in respect of whom that direction is given.

Compare: 1980 No 94 s 10

Section 74(1): amended, on 1 July 2019, by section 49 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

75 Counsellor to arrange meeting and submit report on outcome

(1)

Where a direction is made under section 74(1), the counsellor who is to undertake the counselling shall—

(a)

arrange to meet the person or persons in respect of whom the direction is given; or

(b)

by letter sent by post request that person or those persons to attend before the counsellor at a specified time and place—

for the purpose of the counselling.

(2)

As soon as practicable after a direction is made under section 74, the person undertaking the counselling pursuant to that direction shall submit a written report to the court on the outcome of that counselling.

Compare: 1980 No 94 s 11

76 Fees

Any fees charged by any counsellor in respect of any counselling carried out pursuant to any direction made under section 74 shall, to the extent that those fees are reasonable, be paid out of a Crown Bank Account from money appropriated by Parliament for the purpose.

Section 76: amended, on 25 January 2005, pursuant to section 83(7) of the Public Finance Act 1989 (1989 No 44).

77 Privilege

(1)

No evidence shall be admissible in any court, or before any person acting judicially, of any information, statement, or admission disclosed or made to any person in the course of carrying out that person’s functions as a counsellor pursuant to a direction made under section 74.

(2)

Except to the extent that it is necessary for a counsellor to do so in the proper discharge of that person’s functions, every person who acts as a counsellor pursuant to a direction made under section 74 commits an offence and is liable on conviction to a fine not exceeding $1,000 who discloses to any other person any information, statement, or admission received by or made to that person in the exercise of that person’s functions pursuant to such a direction.

Compare: 1980 No 94 s 18

Section 77(2): amended, on 1 July 2013, by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).

Custody of child or young person pending determination of proceedings

Heading: replaced, on 8 January 1995, by section 10 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

78 Custody of child or young person pending determination of proceedings or in urgent cases

(1)

In any proceedings in a court under Part 2 in relation to a child or young person, the court may, on the application of any party to the proceedings, or a barrister or solicitor representing the child or young person, or of its own motion, make an interim order relating to the custody of the child or young person pending the determination of the proceedings.

(1A)

Even if there are no other proceedings under this Part in relation to a child or a young person, the court may, on application by a person entitled to make an application under section 68 (the applicant), if it is satisfied that subsection (1B) applies, make an interim custody order in relation to the child or young person.

(1B)

This subsection applies if—

(a)

it is in the best interests of the child or young person that an interim custody order be made as a matter of urgency; or

(b)

it is in the public interest that an interim custody order be made in respect of a child or young person and the grounds on which the order is sought relate to offending or alleged offending by the child or young person.

(2)

Without limiting the generality of subsection (1), the court may make an order under that subsection in relation to a child or young person in the following cases:

(a)

where the child or young person has been placed in the custody of the chief executive pursuant to section 39 or section 40 or section 42 and is brought before the court pursuant to section 45:

(b)

where the court is satisfied that the child or young person is in need of care or protection for the period of the order:

(c)

in the case of an application for a care or protection order on the ground specified in section 14(1)(e), where—

(i)

it is not possible to make suitable alternative arrangements for the custody of the child pending the determination of the application; or

(ii)

it is in the public interest that the child be held in custody pending the determination of the application:

(d)

if an application has been made for a care or protection order and the court has adjourned the proceedings pending their disposition:

(e)

where an application for a variation or discharge of any order (or the variation or discharge of any condition of any order) is made to the court under section 125, at any time before such application is finally disposed of:

(f)

where a report is furnished to the court pursuant to section 135, at any time before the court has completed its consideration of the report and accompanying revised plan under section 137.

(3)

An order under subsection (1) may be made on such terms and conditions as the court thinks fit.

(4)

An order under subsection (1A) remains in force—

(a)

for the period specified in the order (not exceeding 28 days) unless it is earlier discharged by the court on application under section 125; or

(b)

until a later date (specified by the court in the order) that the court considers allows sufficient time for a family group conference to be held and, if necessary, an application for another care or protection order to be made.

Section 78: replaced, on 8 January 1995, by section 10 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 78 heading: amended, on 1 July 2019, by section 50(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 78(1): amended, on 1 July 2019, by section 50(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 78(1A): inserted, on 1 July 2019, by section 50(3) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 78(1B): inserted, on 1 July 2019, by section 50(3) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 78(2)(a): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 78(2)(c): amended, on 1 July 2019, by section 50(4) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 78(2)(d): replaced, on 1 July 2019, by section 50(5) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 78(4): inserted, on 1 July 2019, by section 50(6) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

79 Persons who may be granted custody under section 78

(1)

An order made under section 78 may place a child or young person in the custody of any of the following persons:

(a)

the chief executive:

(b)

an iwi social service:

(c)

a cultural social service:

(d)

the director of a child and family support service:

(e)

any other person.

(2)

The court shall not make an order under section 78 placing any child or young person in the custody of any person (other than the chief executive) unless that person consents to the making of the order.

Section 79(1)(a): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 79(1)(b): replaced, on 8 January 1995, by section 46 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 79(1)(c): replaced, on 8 January 1995, by section 46 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 79(2): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

80 Effect of order made under section 78

Section 104, section 105 (other than paragraph (a), paragraph (b)(i), and paragraph (c) of subsection (1) of that section), section 106, and section 107, so far as applicable and with all necessary modifications, shall apply with respect to every order made under section 78 as if it were an order made under section 101.

81 Placement of child or young person under order made under section 78

(1)

Where, pursuant to an order made under section 78, a child or young person is placed in the custody of any person (being the chief executive or an iwi social service or a cultural social service or the director of a child and family support service), that order is sufficient authority for that person to place the child or young person—

(a)

with a member of the child’s or young person’s family, whanau, or family group:

(b)

where the child or young person is placed in the custody of the chief executive, in a residence.

(2)

Subject to subsection (1), the person in whose custody a child or young person is so placed may, from time to time, during the currency of the order, change the placement of the child or young person.

Compare: 1974 No 72 s 43(8)

Section 81: replaced, on 8 January 1995, by section 11 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 81(1): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 81(1)(b): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

82 Child or young person may be returned to person who previously had care

(1)

This section applies where a child or young person is placed in the custody of the chief executive, an iwi social service, a cultural social service, or the director of a child and family support service pursuant to an order made under section 78.

(2)

Subject to subsection (5), where this section applies, the person in whose custody the child or young person is placed may, at any time before the order expires or is discharged, if that person considers it appropriate to do so, return the child or young person to the custody of the parent or guardian or other person who had the care of the child or young person immediately before the order was made.

(3)

The person so returning the child or young person may impose such conditions relating to the supervision of the child or young person as that person thinks fit.

(4)

Subject to subsection (5), where,—

(a)

pursuant to subsection (2), a child or young person is returned to the custody of another person; and

(b)

at any time before the order made under section 78 expires or is discharged, the person so returning the child or young person considers that it is no longer desirable in the interests of the child or young person that the child or young person be in the custody of that other person,—

the person may direct that other person to return the child or young person to the custody of that person.

(5)

No person shall—

(a)

return a child or young person to the custody of any other person pursuant to subsection (2); or

(b)

issue a direction under subsection (4) in relation to a child or young person—

without first consulting with the barrister or solicitor representing that child or young person.

(6)

If a person gives a direction under subsection (4),—

(a)

the chief executive (acting through the chief executive’s delegate) may—

(i)

remove the child or young person to whom the direction relates, using such force as is reasonably necessary for the purpose; and

(ii)

place the child or young person with a person or, if the person giving the direction is the chief executive, in a residence, as the person giving the direction thinks appropriate; and

(b)

section 105(2) and (3) applies (as applicable and with all necessary modifications) to the removal of the child or young person.

Section 82: replaced, on 8 January 1995, by section 11 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 82(1): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 82(4)(b): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 82(6): replaced, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 82(6)(a): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Care or protection orders

Heading: replaced, on 1 July 2019, by section 51 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

83 Care or protection orders

(1)

If the court, on application made under section 68, is satisfied that a child or young person is in need of care or protection, the court may do 1 or more of the following things (irrespective of whether the thing or things were sought in the application):

(a)

discharge the child or young person, or any parent or guardian or other person having the care of the child or young person, or both, from the proceedings without further order:

(b)

order that the child or young person, or any parent or guardian or other person having the care of the child or young person, or both, come before the court, if called upon within 2 years of the making of the order, so that the court may take further action under this section:

(c)

order 1 or more of the following persons to receive counselling from such person or persons, and subject to such conditions, as are specified by the court:

(i)

the child or young person:

(ii)

any parent or guardian or other person having the care of the child or young person:

(iii)

any person in respect of whose conduct a restraining order or an interim restraining order was sought or made in the proceedings:

(d)

make a services order under section 86:

(e)

make a restraining order under section 87:

(f)

make a support order under section 91:

(g)

make a custody order under section 101:

(h)

make an order under section 110 appointing a guardian of the child or young person.

(1A)

However, on an application under section 18A(4)(a) or 18D in relation to a person to whom section 18A applies, if the court is satisfied that the subsequent child is in need of care or protection on the ground in section 14(1)(c), the court must make a care or protection order referred to in subsection (1), unless it is satisfied that the person has demonstrated that they meet the requirements of section 18A(3).

(2)

Where the court makes an order under subsection (1)(c), sections 74 to 77 shall apply, with all necessary modifications, with respect to that order as if it were a direction made under section 74(1).

(2A)

If the court makes an order under section 101 (other than an order to which section 102 applies) or an order under section 110 on a specified ground (as defined in section 18B(4)), the court may determine that there is no realistic possibility that the child or young person will be returned to the parent or guardian or person having the care of the child or young person before the care or protection order was made.

(2B)

A determination under subsection (2A) may be made either—

(a)

at the same time as the making of an order referred to in subsection (2A); or

(b)

on an application made at any subsequent time, in accordance with the relevant rules of court (if any), by a person who may make an application under section 68.

Compare: 1974 No 72 s 31(1)(b), (c), (d), (h); 1983 No 129 s 7(1)

Section 83 heading: replaced, on 1 July 2019, by section 52(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 83(1): amended, on 1 July 2019, by section 52(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 83(1A): inserted, on 1 July 2019, by section 52(3) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 83(2A): inserted, on 14 July 2017, by section 52(4) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 83(2B): inserted, on 14 July 2017, by section 52(4) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

84 Power to make other orders on ground of child’s offending

(1)

If, on an application under section 68, a court is satisfied that a child is in need of care or protection on the ground specified in section 14(1)(e), the court may, in addition to or instead of making any order referred to in section 83(1), make any 1 or more of the following orders:

(a)

an order admonishing the child:

(b)

where the court is satisfied that any person (other than the child) suffered—

(i)

any emotional harm; or

(ii)

any loss of or damage to property—

through or by means of the child’s offending, an order directing the child, or any parent or guardian of the child, to pay to the person who suffered the emotional harm or the loss of or damage to property such sum as it thinks fit by way of reparation:

(c)

an order directing the child, or any parent or guardian or other person having the care of the child, to deliver to the person who appears to the court to be entitled to it any property in the possession of the child or in the possession of any person for the child:

(d)

an order for the forfeiture of property to the Crown in any case where the forfeiture of that property would have been obligatory or could have been ordered under any enactment applicable to the offence if the child were an adult and had been convicted of an offence by the District Court.

(2)

Any sum ordered to be paid pursuant to subsection (1)(b) in respect of the loss of or damage to property shall be limited to the cost of replacement or (as the case may require) the cost of repair, and shall not include any loss or damage of a consequential nature.

(3)

No order shall be made under subsection (1)(b) against the chief executive or any other person who has been appointed to be a guardian of the child under section 110.

(4)

No order shall be made under subsection (1)(b) in respect of the parent or guardian of the child unless that parent or guardian has been informed by the court of the proposal to make the order and has been given an opportunity to make representations to the court.

Compare: 1974 No 72 s 31(1)(e), (f), (g); 1985 No 120 s 22(5); 1987 No 168 s 4

Section 84 heading: amended, on 1 July 2019, by section 53(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 84(1): amended, on 1 July 2019, by section 53(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 84(1)(d): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 84(3): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

85 Recall to come before court

(1)

Where the court makes an order under section 83(1)(b), the court may, at any time during the duration of the order, direct, on the application of—

(a)

the chief executive; or

(b)

a constable; or

(c)

the applicant in the proceedings in which the order was made,—

the issue to the person in respect of whom the order was made of a summons, in a form prescribed for the purposes of this subsection by rules of court, to appear before the court.

(2)

Where a person appears before the court on a summons issued under subsection (1), the court may consider the matter and after taking into account such factors as may be relevant since the making of the order, exercise any of the powers conferred on it under section 83 or section 84 except—

(a)

the power conferred by section 83(1)(b); and

(b)

where any power conferred by paragraph (b), paragraph (c), or paragraph (d) of section 84(1) was exercised in the first instance, any such power.

Compare: 1974 No 72 s 31(2)

Section 85(1): amended, on 13 September 2002, by section 6 of the Family Courts Amendment Act 2000 (2000 No 65).

Section 85(1)(a): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 85(1)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Services orders

86 Services orders

(1)

If, on an application under section 68, the court is satisfied that a child or young person is in need of care or protection, it may—

(a)

make an order directing the chief executive or any other person or organisation named in the order to provide such services and assistance as may be specified in the order for such period and on such terms and conditions as may be specified to a parent or guardian or other person having the care of the child or young person:

(b)

make an order directing the chief executive or any other person or organisation named in the order to provide such services and assistance as may be specified in the order for such period and on such terms and conditions as may be specified to the child or young person.

(2)

The court shall not make an order under subsection (1) unless the chief executive (where the order is to be directed to the chief executive) or the person or organisation that would be required to provide services and assistance pursuant to the order (in any other case)—

(a)

is given notice of the court’s intention to consider making the order; and

(b)

is given an opportunity to appear and be heard by the court before the order is made; and

(c)

subject to subsection (3), consents to the making of the order.

(3)

An order directing the chief executive to provide services and assistance may be made under this section without the consent of the chief executive, but only if the court, after having regard to any reasons advanced on behalf of the chief executive as to why the order should not be made, is satisfied—

(a)

that requiring the chief executive to provide those services and assistance is not clearly impracticable; and

(b)

that the child or young person in respect of whom the court proposes to make an order under this section is in the care of a person or organisation clearly consistently with the principles set out in sections 4A(1), 5, and 13.

Section 86: replaced, on 8 January 1995, by section 12 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 86(1): amended, on 1 July 2019, by section 54(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 86(1)(a): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 86(1)(b): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 86(2): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 86(3): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 86(3)(a): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 86(3)(b): amended, on 1 July 2019, by section 54(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

86A Interim services orders

Where an application is made to the court for a care or protection order in respect of a child or young person, the court may, on application by the applicant, or a barrister or solicitor representing the child or young person, or of its own motion, make such an order as it is empowered to make under section 86 pending the determination of the application.

Section 86A: inserted, on 8 January 1995, by section 12 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 86A: amended, on 1 July 2019, by section 55 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

86B No services orders in respect of permanent caregivers

(1)

Despite sections 86 and 86A, a court must not make a services order or an interim services order under either of those sections in respect of—

(a)

a person who is, or is to be made, a permanent caregiver of a child or young person; or

(b)

a child or young person who is, or is to be, in the care of a permanent caregiver.

(2)

If a services order or an interim services order in respect of a permanent caregiver, or in respect of a child or young person in the care of a permanent caregiver, is in force on the date on which this section comes into force,—

(a)

on and from that date, sections 134 to 137 have no effect so far as they relate to the order; and

(b)

the order ceases to have effect on the date on which it is next due for review.

Section 86B: inserted, on 30 June 2016, by section 18 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).

Restraining orders

87 Restraining orders

(1)

If, on an application under section 68, the court is satisfied that a child or young person is in need of care or protection, it may make an order restraining any person named in the order from doing all or any of the following things:

(a)

residing with the child or young person:

(b)

using or threatening violence or causing or threatening to cause physical harm to the child or young person:

(c)

molesting the child or young person by watching or besetting the child’s or young person’s place of residence, work, or education, or by following or waylaying the child or young person in any public place within the meaning of section 2 of the Summary Offences Act 1981, or by contacting the child or young person in any way:

(d)

molesting any person with whom the child or young person is residing by watching or besetting that person’s place of residence, work, or education, or by following or waylaying that person in any public place within the meaning of section 2 of the Summary Offences Act 1981, or by contacting that person in any way.

(2)

Subject to any rules of court empowering the court to make an order under this section on an ex parte application, the court shall not make an order under this section restraining the conduct of any person unless that person has been informed by the court of the proposal to make the order and has been given an opportunity to make representations to the court.

Section 87(1): amended, on 1 July 2019, by section 56 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 87(2): amended, on 13 September 2002, by section 6 of the Family Courts Amendment Act 2000 (2000 No 65).

88 Interim restraining orders

(1)

Where an application is made to the court for a care or protection order in respect of a child or young person, the court may, on application by the applicant, or a barrister or solicitor representing the child or young person, or of its own motion, make such an order as it is empowered to make under section 87 pending the determination of the application.

(2)

Even if there are no other proceedings under this Part in relation to a child or young person, the court may, on application by a person entitled to make an application under section 68 (the applicant), if it is satisfied that subsection (3) applies, make any order that it is empowered to make under section 87.

(3)

This subsection applies if it is in the best interests of the child or young person that an interim restraining order be granted as a matter of urgency.

(4)

An order under subsection (2) remains in force—

(a)

for the period specified in the order (not exceeding 28 days), unless it is earlier discharged by the court on application under section 125; or

(b)

until a later date (specified by the court in the order) that the court considers allows sufficient time for a family group conference to be held and, if necessary, an application for another care or protection order to be made.

Section 88(1): amended, on 1 July 2019, by section 57(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 88(2): inserted, on 1 July 2019, by section 57(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 88(3): inserted, on 1 July 2019, by section 57(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 88(4): inserted, on 1 July 2019, by section 57(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

89 Offence to contravene restraining order or interim restraining order

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 months, or to a fine not exceeding $2,000, who does any act in contravention of a restraining order or an interim restraining order.

Section 89: amended, on 1 July 2013, by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).

90 When restraining order shall cease to have effect

Where the court makes an order under section 87 or section 88 in relation to a child or young person, that order shall cease to have effect when that child or young person attains the age of 20 years or sooner marries or enters into a civil union.

Section 90: amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Support orders

91 Support orders

(1)

If, on an application under section 68, the court is satisfied that a child or young person is in need of care or protection, it may make an order directing the chief executive or any other person or organisation named in the order to provide support to that child or young person for such period (not exceeding 12 months) as is specified in the order.

(2)

The court shall not make an order under subsection (1) unless the chief executive (where the order is to be directed to the chief executive) or the person or organisation that would be required to provide support pursuant to the order (in any other case)—

(a)

is given notice of the court’s intention to consider making the order; and

(b)

is given an opportunity to appear and be heard by the court before the order is made; and

(c)

subject to subsection (3), consents to the making of the order.

(3)

An order directing the chief executive to provide support may be made under this section without the consent of the chief executive, but only if the court, after having regard to any reasons advanced on behalf of the chief executive as to why the order should not be made, is satisfied—

(a)

that requiring the chief executive to provide those services and assistance is not clearly impracticable; and

(b)

that the child or young person in respect of whom the court proposes to make an order under this section is in the care of a person or organisation clearly consistently with the principles set out in sections 4A(1), 5, and 13.

Section 91: replaced, on 8 January 1995, by section 13 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 91(1): amended, on 1 July 2019, by section 58(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 91(1): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 91(2): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 91(3): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 91(3)(a): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 91(3)(b): amended, on 1 July 2019, by section 58(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

92 Interim support orders

Where an application is made to the court for a care or protection order in relation to a child or young person, the court may, on application by the applicant, or a barrister or solicitor representing the child or young person, or of its own motion, make such an order as it is empowered to make under section 91 pending the determination of the application.

Section 92: amended, on 1 July 2019, by section 59 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

92A Restriction on support orders where there is permanent caregiver

(1)

A court must not make a support order or an interim support order under section 91 or 92 of a kind referred to in subsection (2) in respect of a child or young person who is, or who is to be, in the care of a permanent caregiver.

(2)

The kind of order that must not be made is an order directing the chief executive or any other person or organisation to provide financial or other assistance that could be provided by the chief executive under section 388 or 388A, whether or not that assistance is actually provided.

Section 92A: inserted, on 30 June 2016, by section 19 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).

93 Duty to provide support

Where an order is made under section 91 or section 92 in relation to a child or young person, it is the duty of the chief executive (where the order is directed to the chief executive) or the person or organisation directed to provide support pursuant to the order (in any other case)—

(a)

to monitor the standard of care, protection, and control being provided to, or exercised over, that child or young person; and

(b)

to provide, or co-ordinate the provision of, such services and resources (including financial services and resources), whether from the community or otherwise, as will ensure that appropriate care, protection, and control are provided to, or exercised over, that child or young person.

Section 93: replaced, on 8 January 1995, by section 14 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 93: amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

94 Duty of chief executive to appoint social worker to provide support
[Repealed]

Section 94: repealed, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

95 Conditions of support order or interim support order

(1)

If a court makes an order under section 91 or 92 directing that support be provided to a child or young person, the following conditions apply:

(a)

the support person may, at all reasonable times, visit and enter the building or place in which the child or young person is living:

(b)

the child or young person must not reside at an address at which, or with a person with whom, the support person has directed them not to reside:

(c)

the parent or guardian or other person having the care of the child or young person and with whom the child or young person is residing must ensure that the support person knows at all times the address at which the child or young person is residing:

(d)

in the case of a child or young person who is the subject of a declaration made on a ground in section 14(1)(d) or (e), the child or young person must not associate with any specified person or any specified class of persons that the support person has, in writing, warned them not to associate with.

(2)

For the purposes of this section and section 97, support person means any of the following people who are to provide or are providing support to a child or young person:

(a)

a person who has been delegated the chief executive’s functions or powers under section 93:

(b)

a person named in the order:

(c)

a person acting on behalf of an organisation named in the order.

Section 95: replaced, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 95(1)(b): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 95(1)(d): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

96 Power of court to impose additional conditions

(1)

The court, in making an order under section 91 or section 92 directing a person or organisation to provide support to a child or young person, may, in its discretion, impose any or all of the following conditions:

(a)

in the case of a child or young person who the court is satisfied, on an application made under section 68, is in need of care or protection on the ground specified in section 14(1)(d) or (e),—

(i)

that the child or young person shall not associate with any specified person or with persons of any specified class:

(ii)

that the child or young person attend and remain at, for such weekday, evening, and weekend hours each week and for such number of months as the court thinks fit, any specified centre that is approved by the department and that conducts educational, recreational, instructional, cultural, or work programmes, or sporting activity, and take part in such activity as may be required by the person in charge of the centre:

(iii)

in the case of a child who the court is satisfied, on an application made under section 68, is in need of care or protection on the ground specified in section 14(1)(e), such other conditions as the court thinks fit to reduce the likelihood of further offending by the child:

(b)

that the child or young person shall undergo any specified medical examination and treatment or any specified psychological or psychiatric examination, counselling, and therapy:

(c)

such conditions relating to the child’s or young person’s place of residence as the court thinks fit.

(2)

The court shall not impose a condition under subsection (1)(a)(ii) without the consent of the child or young person.

Compare: 1974 No 72 s 47(1)(d), (e), (g), (i); 1983 No 129 s 12(1)

Section 96(1)(a): amended, on 1 July 2019, by section 61(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 96(1)(a)(iii): amended, on 1 July 2019, by section 61(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

97 Court may impose conditions in respect of parent, guardian, etc, of child or young person

(1)

If a court makes an order under section 91 or 92 directing that support be provided to a child or young person of or over the age of 14 years and under 16 years, the court may impose any conditions the court thinks fit for the purposes of—

(a)

assisting any parent or guardian or other person having the care of the child or young person, or any other person residing with the child or young person, to carry out their duties and responsibilities; and

(b)

promoting co-operation between the parents or guardians or other persons, the child or young person, and the support person.

(2)

The court shall not impose any conditions under subsection (1) unless the parent or guardian or other person having the care of, or residing with, the child or young person has been given an opportunity to make representations to the court and the court has regard to those representations.

Section 97(1): replaced, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 97(1)(a): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

98 Court not to impose condition requiring medical treatment without person’s consent

The court shall not impose any condition under section 96 or section 97 requiring any person to undergo any medical, psychiatric, or psychological examination or treatment, or any psychological or psychiatric counselling or therapy, unless consent to the examination, treatment, or counselling is given—

(a)

in the case of a child or young person under the age of 16 years—

(i)

by a parent or guardian (not being the chief executive) of the child or young person; or

(ii)

if there is no such parent or guardian in New Zealand or no such parent or guardian can be found with reasonable diligence or is capable of giving consent, by a person in New Zealand who has been acting in the place of a parent; or

(iii)

if there is no person in New Zealand who has been so acting, or if no such person can be found with reasonable diligence or is capable of giving consent, by the court or the chief executive:

(b)

in the case of any other person, by that person.

Compare: 1974 No 72 s 47(1)(e); 1983 No 129 s 12(1)

Section 98(a)(i): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 98(a)(iii): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

99 Person or organisation providing support to child or young person to report to court

If, under section 91, the chief executive or any other person or organisation is directed to provide support to a child or young person, the chief executive, person, or organisation must, on the expiry of the period stated in the order in which the direction is made, provide a written report to the court containing—

(a)

an assessment of the effectiveness of the order; and

(b)

a description of the child’s or young person’s response to it; and

(c)

any other information that they consider or it considers relevant.

Section 99: replaced, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 99(c): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

100 Failure to observe conditions of support order

(1)

Where the court makes an order under section 91 or section 92 directing any person or organisation to provide support to a child or young person, the chief executive or that person or organisation may, in any case where the child or young person or a parent or guardian or other person having the care of, or residing with, the child or young person has failed to comply with a condition of the order (including any condition imposed under section 96 or section 97), apply to the court for a declaration that the child or young person or the parent or guardian or other person having the care of, or residing with, the child or young person has failed to comply with the condition.

(2)

The court may, on any application under subsection (1), where it is satisfied that any child or young person or any parent or guardian or other person having the care of, or residing with, the child or young person has failed, without reasonable excuse, to comply with the condition of the order, make such a declaration and make any order under section 127 as if an application had been made under section 125 in relation to the order.

(3)

Every application under this section shall be served on—

(a)

the child or young person to whom the order relates; and

(b)

any parent or guardian or other person having the care of the child or young person; and

(c)

if the application relates to any person residing with the child or young person, that person.

Compare: 1974 No 72 s 48(1)–(3)

Section 100(1): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Custody orders

101 Custody orders

(1)

If a court, on application under section 68, is satisfied that a child or young person is in need of care or protection, it may make an order placing that child or young person in the custody of any of the following persons for such period as may be specified in the order:

(a)

the chief executive:

(b)

an iwi social service:

(c)

a cultural social service:

(d)

the director of a child and family support service:

(e)

any other person.

(2)

Any such order may be made on such terms and conditions as the court thinks fit.

(3)

The court shall not make an order under subsection (1) placing any child or young person in the custody of any person (other than the chief executive) unless that person consents to the making of the order.

Section 101(1): amended, on 1 July 2019, by section 62 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 101(1)(a): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 101(1)(b): replaced, on 8 January 1995, by section 46 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 101(1)(c): replaced, on 8 January 1995, by section 46 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 101(3): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

102 Interim custody orders

(1)

Where the court is satisfied that a child or young person is in need of care or protection, it may, instead of making a final order under section 101, make an interim custody order under that section.

(2)

No interim custody order made pursuant to this section shall continue in force for more than 6 months after the date on which it is made.

(3)

Where an interim custody order is made pursuant to this section, the court may, on application by any person who was the applicant in the proceedings in which the order was made, or any person on whom the application in those proceedings was served in accordance with section 152, or the person in whose custody the child or young person was placed,—

(a)

make 1 but only 1 further interim custody order under section 101; or

(b)

make a final order under that section; or

(c)

make such other order referred to in section 83(1) or section 84(1) as the court thinks fit; or

(d)

dismiss the application.

Section 102(1): amended, on 1 July 2019, by section 63 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

103 Court may impose conditions to facilitate return of child or young person

Where the court makes an order under section 101 placing a child or young person in the custody of the chief executive or an iwi social service or a cultural social service or the director of a child and family support service, it may impose such conditions as it thinks fit for the purpose of facilitating the return of the child or young person to the parents or guardians or other persons previously having the care of the child or young person.

Section 103: amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 103: amended, on 8 January 1995, by section 46 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

104 Effect of custody order

(1)

Where the court makes an order under section 101 placing a child or young person in the custody of any person,—

(a)

that person has the role of providing day-to-day care for the child or young person as if a parenting order had been made under section 48(1) of the Care of Children Act 2004 giving that person the role of providing day-to-day care for the child or young person; and

(b)

except to the extent that they are preserved by the court in any order made under section 121, all the rights, powers, and duties of every other person having custody of the child or young person shall be suspended and shall have no effect; and

(c)

for the purposes of section 92 of the Care of Children Act 2004,—

(i)

the order constitutes an order about the role of providing day-to-day care for the child or young person; and

(ii)

the person in whose custody the child or young person is placed is a person who, under the order, has the role of providing day-to-day care for the child or young person.

(2)

Any custody order shall be sufficient authority for any constable or the chief executive (acting through the chief executive’s delegate) or any other person authorised in that behalf by the chief executive to place the child or young person to whom the order relates—

(a)

where the order places the child or young person in the custody of the chief executive, with such person, or in such residence, as the principal manager of the department for the area in which the court is situated may direct:

(b)

where the order places the child or young person in the custody of an iwi social service or a cultural social service, with such person as the convener of the social service directs:

(c)

where the order places the child or young person in the custody of the director of a child and family support service, with such person or in such residence as that director directs:

(d)

where the order places the child or young person in the custody of any other person, with that person.

(3)

Any person authorised by subsection (2) to place any child or young person with any person or in any residence—

(a)

may use such force as is reasonably necessary for that purpose:

(b)

may exercise that authority from time to time in order to return the child or young person to that person or residence:

(c)

may, for the purpose of exercising that authority, exercise the powers conferred by section 105(2), and the provisions of subsections (2) and (3) of section 105 shall apply accordingly with all necessary modifications.

Section 104(1)(a): replaced, on 1 July 2005, by section 151 of the Care of Children Act 2004 (2004 No 90).

Section 104(1)(c): replaced, on 1 July 2005, by section 151 of the Care of Children Act 2004 (2004 No 90).

Section 104(2): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 104(2): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 104(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 104(2): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 104(2)(a): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 104(2)(b): replaced, on 8 January 1995, by section 46 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

105 Living arrangements for child or young person placed in custody of chief executive

(1)

Where the court makes an order under section 101 placing a child or young person in the custody of the chief executive,—

(a)

the chief executive may transfer the child or young person from one residence under this Act to any other residence under this Act:

(b)

the chief executive, may arrange for the child or young person—

(i)

to be placed in any residence:

(ii)

to be placed in any school or other institution that provides care or training or physical or mental health care:

(iii)

to undertake employment or any training for employment:

(c)

the chief executive (acting through the chief executive’s delegate), may arrange for the child or young person to live temporarily with the parents or guardians or other person previously having the care of the child or young person or with any other person, on such terms and conditions as the delegate may specify:

(d)

the chief executive (acting through the chief executive’s delegate), may at any time cancel any arrangement made under paragraph (b) or paragraph (c) and, after any such cancellation, may remove the child or young person to a residence or to such other place as the delegate may decide, using such force as is reasonably necessary for that purpose.

(2)

For the purpose of removing any child or young person pursuant to subsection (1)(d), a delegate may enter and search any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises, or place, with or without assistance and by force if necessary.

(3)

A delegate exercising any powers under subsection (2) shall, on first entering any dwelling house, building, aircraft, ship, carriage, vehicle, premises, or place, and, if requested, at any subsequent time—

(a)

produce evidence of identity; and

(b)

disclose that those powers are being exercised under subsection (2).

Section 105 heading: amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 105(1): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 105(1)(a): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 105(1)(b): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 105(1)(c): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 105(1)(c): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 105(1)(d): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 105(1)(d): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 105(2): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 105(3): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

106 Living arrangements where child or young person placed in custody of iwi social service, etc

(1)

Where the court makes an order under section 101 placing a child or young person in the custody of an iwi social service or a cultural social service or the director of a child and family support service, the convener of the social service or the director of that support service, as the case may require,—

(a)

may from time to time direct that the child or young person be removed from the person with whom or the residence in which that child or young person was placed pursuant to section 104 and placed with some other person or in some other residence; and

(b)

may request the chief executive or any constable to assist in carrying out any direction given under paragraph (a).

(1A)

Any delegate of the chief executive or any constable who is providing assistance under subsection (1)(b) may use such force as is reasonably necessary to do so.

(2)

For the purposes of assisting in the carrying out of any direction given under subsection (1)(a), any delegate or constable may exercise the powers conferred by section 105(2), and the provisions of subsections (2) and (3) of section 105 shall apply accordingly with all necessary modifications.

Section 106: replaced, on 8 January 1995, by section 46 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 106(1)(b): replaced, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 106(1A): inserted, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 106(2): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 106(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

107 Person in whose custody child or young person is placed may determine access rights in absence of court order

Where—

(a)

the court makes an order under section 101 placing a child or young person in the custody of any person; and

(b)

the court has not made an order under section 113B(1)(b) or section 121 granting any person access to the child or young person,—

the person in whose custody the child or young person is placed shall, subject to any order of any court, have the sole authority to decide whether, and on what terms and conditions (if any), any person is to have access to the child or young person.

Section 107(b): amended, on 30 June 2016, by section 20 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).

108 When custody order shall cease to have effect

Where the court makes an order under section 101 placing a child or young person in the custody of any person, that order shall cease to have effect when—

(a)

the order expires in accordance with section 102; or

(b)

the terms of the order expire; or

(c)

in the case of a young person, that young person attains the age of 18 years; or

(d)

in the case of a young person, that young person marries or enters into a civil union; or

(e)

the child or young person is adopted by any person other than a parent of the child or young person—

whichever first occurs.

Section 108(c): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 108(d): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

109 Custody to revert on expiry of order

Where an order made under section 101 placing a child or young person in the custody of any person expires, custody of the child or young person shall revert to the person having custody of the child or young person immediately before the order was made.

Guardianship orders

110 Guardianship orders

(1)

Where the court is satisfied that a child or young person is in need of care or protection, or on an application referred to in section 110A, it may make an order appointing any of the following persons to be a guardian of the child or young person:

(a)

the chief executive:

(b)

an iwi social service:

(c)

a cultural social service:

(d)

the director of a child and family support service:

(e)

any other person.

(2)

A guardian appointed under subsection (1) must be appointed as—

(a)

the sole guardian of the child or young person; or

(b)

a guardian of the child or young person in addition to any other guardian.

(3)

The director of a child and family support service may not be appointed as the sole guardian of a child or young person.

(4)

If a person who is appointed as a sole or additional guardian of a child or young person under this section is a natural person, the court may also make an order under section 113A appointing the person as a special guardian of the child or young person (including when the order under this section is made at a hearing under section 127).

Section 110: replaced, on 30 June 2016, by section 21 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).

Section 110(1): amended, on 1 July 2019, by section 64 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

110AA Interim guardianship orders

(1)

In any proceedings in a court under this Part in relation to a child or young person, the court may, on the application of any party to the proceedings, or on its own motion, make an order that it is empowered to make under section 110 on an interim basis pending the determination of the proceedings.

(2)

An interim guardianship order may be made only if the immediate needs of the child or young person cannot be met without making the order.

(3)

An interim guardianship order must not continue in force for more than 6 months after the date on which it is made.

(4)

If an interim guardianship order is made, the court may, on application by any person who was the applicant in the proceedings in which the order was made, or any person on whom the application in those proceedings was served in accordance with section 152, or the person in whose custody the child or young person was placed,—

(a)

make 1, but only 1, further interim guardianship order under this section; or

(b)

make a final order under section 110; or

(c)

make any other order referred to in section 83(1) or 84(1) that the court considers appropriate; or

(d)

dismiss the application.

(5)

Even if there are no other proceedings under this Part in relation to a child or young person, the court may, on application by a person entitled to make an application under section 68 (the applicant), if it is satisfied that subsection (6) applies, make an interim guardianship order.

(6)

This subsection applies if it is in the best interests of the child or young person that an interim guardianship order be made as a matter of urgency.

(7)

An order under subsection (5) remains in force—

(a)

for the period specified in the order (not exceeding 28 days) unless it is earlier discharged by the court on application under section 125; or

(b)

until a later date (specified by the court in the order) that the court considers allows sufficient time for a family group conference to be held and, if necessary, an application for another care or protection order to be made.

Section 110AA: inserted, on 1 July 2019, by section 65 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

110A Application for change of guardianship order

(1)

If a person is, in relation to a child or young person, a permanent caregiver who is not a special guardian, the person may, with the leave of the court, make a combined application for a guardianship order under section 110 and a special guardianship order under section 113A.

(2)

Leave of the court may be given only if the court is satisfied that—

(a)

the application is made with the intention of replacing a guardianship order made under section 27 of the Care of Children Act 2004 and all associated parenting orders under section 48 of that Act with the guardianship orders referred to in subsection (1); and

(b)

the person has exercised all mechanisms available under the Care of Children Act 2004 to resolve disputes with any parent or other guardian of the child or young person that relate to the circumstances referred to in subsection (4)(a).

(3)

An application under this section must be treated as if it were an application under section 125 for the variation or discharge of an order made under Part 2, and, for that purpose, must be served and heard in accordance with Part 3 (with any necessary modifications).

(4)

On an application under this section, the court may make the orders applied for only if—

(a)

the court is satisfied that—

(i)

the person has been unable to effectively exercise their guardianship responsibilities or responsibilities to provide day-to-day care to the child or young person under the orders made under the Care of Children Act 2004; and

(ii)

that inability is due to the conduct of the parents or other guardians of the child or young person, and that conduct forms a pattern of behaviour; and

(iii)

the child’s or young person’s well-being is being threatened or seriously disturbed as a result; and

(b)

following an application under section 29A of the Care of Children Act 2004, the court will at the same time revoke both the person’s appointment as a guardian under that Act and any associated parenting orders under section 48 of that Act.

Section 110A: inserted, on 30 June 2016, by section 21 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).

Section 110A(4)(a)(i): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 110A(4)(a)(iii): amended, on 1 July 2019, by section 66 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

111 Person not to be appointed as guardian without consent

The court shall not make an order under section 110 appointing any person (other than the chief executive) as a guardian unless—

(a)

it gives notice of its intention to consider making the order to that person; and

(b)

that person is given an opportunity to appear and be heard by the court before the court makes such an order; and

(c)

that person consents to the making of the order.

Section 111: amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

112 Chief executive may be appointed as guardian for specific purpose

Any order under section 110 appointing the chief executive as a guardian may specify that the appointment is for a particular purpose only.

Section 112 heading: amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 112: amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

113 Court may impose conditions to facilitate return of child or young person

Where the court makes an order under section 110 appointing the chief executive or an iwi social service or a cultural social service to be the sole guardian of a child or young person, it may impose such conditions as it thinks fit for the purpose of facilitating the return of the child or young person to the parents or guardians or other persons previously having the care of the child or young person.

Section 113: amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 113: amended, on 8 January 1995, by section 46 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

113A Special guardianship orders

(1)

The court may make an order under this section appointing a person referred to in section 110(4) as a special guardian of a child or young person only if—

(a)

the appointment is made for the purpose of providing the child or young person with a long-term, safe, nurturing, stable, and secure environment that enhances their interests; and

(b)

either—

(i)

the child or young person has no other guardian; or

(ii)

the special guardian either replaces, or is additional to, an existing guardian of the child or young person.

(2)

For the purposes of this section and section 113B, existing guardian means any person (other than a special guardian) who is a guardian of the child or young person, or who would be a guardian of the child or young person if the court had not made a guardianship order under section 110.

Section 113A: inserted, on 30 June 2016, by section 22 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).

Section 113A(1)(a): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

113B Effect of special guardianship order

(1)

Where a special guardianship order is made in respect of a child or young person, then, whether the special guardian is a sole or additional guardian and despite anything in this section,—

(a)

the special guardian has custody of the child or young person, and—

(i)

no order under section 101 may be made in respect of the child or young person; but

(ii)

section 114(2)(b) and (c) applies as if the special guardian were a sole guardian; and

(b)

the order must specify the access and other rights (not being custody or guardianship rights), including any terms and conditions that apply to those rights, of each existing guardian in relation to the child or young person.

(2)

Where a special guardianship order specifies the access and other rights of any existing guardian,—

(a)

no existing guardian may apply for an order under section 121(2)(d) or (e) concerning their access or other rights in relation to the child or young person, but any other parent or person may apply for orders under that section in relation to the child or young person, as if the special guardian were a sole guardian; and

(b)

section 122 applies to any access rights specified in the order as if those access rights had been granted by an order made under section 121.

(3)

If a person who is appointed as the sole guardian of a child or young person is also appointed as a special guardian, the provisions of this Act relating to sole guardians apply, except that—

(a)

sections 134 and 135 (about reviewing plans) do not apply to the court plan that was prepared for the purposes of section 128; and

(b)

despite section 117(1)(a), the order ceases to have effect when the child or young person attains the age of 18 years or sooner marries or enters into a civil union.

(4)

If a person who is appointed as an additional guardian of a child or young person is also appointed as a special guardian,—

(a)

the order must set out which guardianship rights (which may include those set out in section 16(2) of the Care of Children Act 2004) are to be held exclusively by the special guardian and which are to be shared between the existing guardian and the special guardian; and

(b)

the order must require that the existing guardian is informed of any decisions made by the special guardian in the exercise of any guardianship rights held exclusively by the special guardian; and

(c)

the provisions of this Act relating to additional guardians apply, except as follows:

(i)

no existing guardian may apply under section 115 in respect of any guardianship rights held exclusively by the special guardian; and

(ii)

sections 134 and 135 (about reviewing plans) do not apply to the court plan that was prepared for the purposes of section 128; and

(iii)

despite section 117(1)(a), the order ceases to have effect when the child or young person attains the age of 18 years or sooner marries or enters into a civil union.

(5)

Every special guardianship order must require that, if the child or young person to whom the order applies begins to live with anyone other than the special guardian on more than a temporary basis, the special guardian must,—

(a)

if the child or young person, immediately before the guardianship order was made, was in the custody of the chief executive or a natural person, advise the chief executive; or

(b)

if the child or young person, immediately before the guardianship order was made, was in the custody of an iwi social service, cultural social service, or the director of a child and family support service, advise that service or director, as appropriate.

(6)

The obligation on the chief executive imposed by section 7(2)(e) does not apply in respect of a child or young person in respect of whom a special guardianship order is made.

(7)

If a child or young person has more than 1 existing guardian, or more than 1 special guardian, this section and any other applicable sections must be applied with all necessary modifications to each existing guardian and each special guardian.

Section 113B: inserted, on 30 June 2016, by section 22 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).

Section 113B(2)(a): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 113B(2)(a): amended, on 17 December 2016, by section 13 of the Statutes Amendment Act 2016 (2016 No 104).

Section 113B(5)(a): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

114 Effect of guardianship order

(1)

Where the court makes an order under section 110 appointing any person as a guardian of any child or young person (whether as sole guardian or as a guardian in addition to any other person),—

(a)

that person shall be a guardian of that child or young person as if that person had been appointed under section 27 of the Care of Children Act 2004; and

(b)

if the child or young person is, at the time of the making of the order, under the guardianship of the court under an order made under the Care of Children Act 2004, that guardianship is suspended during the time when the person appointed under section 110 is the guardian (subject to section 117(2)).

(2)

Where the court makes an order under section 110 appointing any person as the sole guardian of any child or young person,—

(a)

except to the extent that they are preserved by any other order made under this Act, all of the rights, powers and duties of every other person who is the guardian of that child or young person, or who may become a guardian during the time when the person appointed under that section is the guardian, shall be suspended and shall have no effect; and

(b)

for the purposes of section 92 of the Care of Children Act 2004,—

(i)

the order constitutes an order about the role of providing day-to-day care for the child or young person; and

(ii)

the person in whose custody the child or young person is placed is a person who, under the order, has the role of providing day-to-day care for the child or young person; and

(c)

subject to any custody order made by the court under section 101, the child or young person shall be deemed to have been placed in the custody of that person pursuant to that section, and the provisions of sections 104 to 107, so far as applicable and with all necessary modifications, shall apply accordingly.

Compare: 1974 No 72 s 49(1); 1983 No 129 s 13

Section 114(1)(a): amended, on 1 July 2005, by section 151 of the Care of Children Act 2004 (2004 No 90).

Section 114(1)(b): replaced, on 3 June 1998, by section 8 of the Guardianship Amendment Act 1998 (1998 No 48).

Section 114(1)(b): amended, on 1 July 2005, by section 151 of the Care of Children Act 2004 (2004 No 90).

Section 114(2)(b): replaced, on 1 July 2005, by section 151 of the Care of Children Act 2004 (2004 No 90).

115 Disputes between guardians

Where—

(a)

pursuant to section 110, any person is appointed as guardian of a child or young person in addition to any other guardian; and

(b)

those guardians are unable to agree on any matter concerning the exercise of their guardianship,—

any of those guardians may apply to the court for its direction, and the court may make such order relating to the matter as it thinks fit.

Compare: 1968 No 63 s 13

116 Review of guardian’s decision or refusal to give consent

(1)

For the purposes of this section young person means a boy or girl of or over the age of 14 years but under 20 years.

(2)

Where—

(a)

a young person is affected by a decision or by a refusal of consent by a guardian appointed under section 110; and

(b)

that decision or refusal of consent is in respect of an important matter,—

that young person may apply to the court for a review of that decision or refusal.

(3)

Where an application is made under this section in respect of a decision or refusal, the court may, if it thinks it reasonable in the circumstances to do so, review the decision or refusal and make such order in respect of that decision or refusal as it thinks fit.

(4)

Any consent given by the court pursuant to this section shall have the same effect as if it had been given by the guardian.

(5)

[Repealed]

Compare: 1968 No 63 s 14; 1971 No 149 s 3

Section 116(5): repealed, on 14 August 2018, by section 36 of the Minors (Court Consent to Relationships) Legislation Act 2018 (2018 No 22).

117 When guardianship orders to cease to have effect

(1)

Every guardianship order made under section 110 shall cease to have effect when—

(a)

the young person to whom it relates attains the age of 20 years or sooner marries or enters into a civil union; or

(b)

the child or young person to whom it relates is adopted by any person other than its parents—

whichever occurs first.

(2)

A guardianship order made under section 110 ceases to have effect if, after it is made, a court having jurisdiction under section 31 of the Care of Children Act 2004

(a)

orders that the child or young person to whom the order relates be placed under the guardianship of the court under that Act; or

(b)

orders that the child or young person must continue to be under the guardianship of the court, if the child or young person was under the guardianship of the court at the time of the making of the order under section 110.

(3)

Subsection (2) does not apply if the court making an order under that subsection orders that a guardianship order under section 110 continues in force.

Compare: 1974 No 72 s 49(7), (8); 1983 No 129 s 13

Section 117(1)(a): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 117(2): replaced, on 3 June 1998, by section 8 of the Guardianship Amendment Act 1998 (1998 No 48).

Section 117(2): amended, on 1 July 2005, by section 151 of the Care of Children Act 2004 (2004 No 90).

Section 117(3): replaced, on 3 June 1998, by section 8 of the Guardianship Amendment Act 1998 (1998 No 48).

118 Reversion of guardianship on expiry or discharge of guardianship order

Where an order made under section 110 expires or is discharged, guardianship of the child or young person in respect of whom the order is made shall revert to the person who would have been the guardian of the child or young person if the order had never been made unless some other person has in the meantime become entitled to guardianship by virtue of an order made under the Adoption Act 1955 in which case guardianship shall revert to the person so entitled.

Compare: 1974 No 72 s 49(9); 1983 No 129 s 13

119 Guardianship of child or young person on death of person appointed as guardian under this Act

On the death of any person (being a person referred to in subsection (1)(e) of section 110) appointed the guardian of a child or young person pursuant to an order made under that section, and who at the time of that person’s death was the sole guardian of the child or young person, guardianship of the child or young person shall vest,—

(a)

where an iwi social service or a cultural social service was the sole guardian of the child or young person immediately before that person’s appointment, in that iwi social service or cultural social service as if that social service had been appointed the sole guardian of the child or young person:

(b)

in any other case, in the chief executive as if the chief executive had been appointed the sole guardian of the child or young person.

Section 119(a): replaced, on 8 January 1995, by section 46 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 119(b): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Effect of custody and guardianship orders on jurisdiction under Care of Children Act 2004

Heading: amended, on 1 July 2005, by section 151 of the Care of Children Act 2004 (2004 No 90).

120 Restriction on making of guardianship and parenting orders under Care of Children Act 2004

(1)

If a child or young person is subject to an order made under section 78 or section 101 or section 110 of this Act, none of the following may be made under the Care of Children Act 2004:

(a)

an order in respect of the guardianship of that child or young person; and

(b)

an order about the role of providing day-to-day care for that child or young person; and

(c)

an order for contact with that child or young person.

(1A)

Subsection (1) is subject to subsection (2) and section 117(2).

(2)

Nothing in subsection (1) affects the power of a court having jurisdiction under section 31 of the Care of Children Act 2004 to make an order under that section in respect of any child or young person who is subject to an order made under section 78 or section 101.

Section 120 heading: amended, on 1 July 2005, by section 151 of the Care of Children Act 2004 (2004 No 90).

Section 120(1): replaced, on 1 July 2005, by section 151 of the Care of Children Act 2004 (2004 No 90).

Section 120(1A): inserted, on 1 July 2005, by section 151 of the Care of Children Act 2004 (2004 No 90).

Section 120(2): replaced, on 3 June 1998, by section 8 of the Guardianship Amendment Act 1998 (1998 No 48).

Section 120(2): amended, on 1 July 2005, by section 151 of the Care of Children Act 2004 (2004 No 90).

Access and exercise of other rights

121 Court may make orders for access and exercise of other rights by parents and other persons

(1)

Where an application is made to the court under section 44 in respect of any child or young person, the court may make an order granting access to that child or young person to the applicant.

(2)

Where the court—

(a)

makes an order under section 78 relating to the custody of a child or young person; or

(b)

makes a custody order or an interim custody order under section 101 in relation to a child or young person; or

(c)

makes an order under section 110 appointing the chief executive or any other person the sole guardian of a child or young person; or

(ca)

makes an interim guardianship order under section 110AA,—

it may, on making the order, or at any time after making the order, on application made by any parent of the child or young person or any other person, make an order—

(d)

granting access to that child or young person to that parent or other person:

(e)

conferring on that parent or other person such rights in relation to the child or young person as it thinks fit.

(3)

Any order made under subsection (1) or subsection (2) may be made on such terms and conditions as the court thinks fit.

Section 121(2)(a): amended, on 1 July 2019, by section 67(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 121(2)(c): amended, on 1 July 2019, by section 67(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 121(2)(c): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 121(2)(ca): inserted, on 1 July 2019, by section 67(3) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

122 Enforcement of access rights

(1)

The court may at any time, on the application of any person entitled to access to a child or young person under an order made under section 121, issue a warrant authorising the chief executive or any constable or any other person named in the warrant to take possession of the child or young person and deliver that child or young person to the person entitled to access in accordance with the order.

(1A)

The function of executing a warrant issued in the name of the chief executive may be performed by a social worker or any other person authorised under a delegation to carry out that function (see section 7C).

(2)

The power conferred on the court by subsection (1) may, if the court thinks fit, be exercised on the making of the order.

(3)

Where, pursuant to this section, the court declines to enforce a right of access under an order made under section 121, it may of its own motion vary or discharge the order accordingly.

Compare: 1968 No 63 s 19(2), (3), (8); 1979 No 52 s 3(1); 1980 No 95 s 9(c)

Section 122(1): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 122(1): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 122(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 122(1A): inserted, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

123 Power of entry

For the purpose of executing any warrant issued under section 122, any delegate of the chief executive or constable or any other person named in the warrant may enter and search any dwelling house, building, aircraft, ship, carriage, vehicle, premises, or place, with or without assistance and by force if necessary.

Compare: 1968 No 63 s 19(4)

Section 123: amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 123: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

124 Person executing warrant to produce evidence of authority and identity
[Repealed]

Section 124: repealed, on 2 September 1996, by section 2(2) of the Children, Young Persons, and Their Families Amendment Act 1996 (1996 No 112).

Variation and discharge of orders

125 Application for variation or discharge of orders made under this Part

(1)

Any 1 or more of the persons specified in section 126 may, subject to that section, apply to the court for the variation or discharge of any of the following orders, or for the variation or cancellation of any condition of any such order:

(a)

an order made under section 78 relating to the custody of a child or young person:

(b)

an order made under section 83(1)(c) requiring any person to receive counselling:

(c)

an order made under section 84(1)(b) directing the payment of reparation for any emotional harm or the loss of or damage to property:

(d)

any services order or interim services order made under section 86 or section 86A:

(e)

any restraining order or interim restraining order made under section 87 or section 88:

(f)

any custody order or interim custody order made under section 101:

(g)

any guardianship order made under section 110 or an interim guardianship order made under section 110AA:

(ga)

any special guardianship order made under section 113A (but only with leave, as required by subsection (1A)):

(h)

any order made under section 121 granting access to, or conferring rights in respect of, any child or young person.

(1A)

Leave of the court must be obtained before an application is made for the variation or discharge of a special guardianship order made under section 113A, unless—

(a)

the application is made by the chief executive, an iwi social service, a cultural social service, or the director of a child and family support service; or

(b)

all parties to the proposed application agree to the making of the application.

(1B)

Leave may be given for the purpose of subsection (1A) only if—

(a)

in the case of an application for discharge, there has been a significant change in the circumstances of the child or young person to whom the order relates; and

(b)

in the case of an application for variation, there has been a significant change in the circumstances of the child or young person to whom the order relates, or in the circumstances of their parents or any guardian.

(2)

Any 1 or more of the persons specified in section 126 may, subject to that section, apply to the court for the variation, suspension, or discharge of any support order or interim support order made under section 91 or section 92, or for the variation, suspension, or cancellation of any condition of any such order.

Compare: 1974 No 72 s 64

Section 125(1)(a): amended, on 1 July 2019, by section 68(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 125(1)(d): replaced, on 8 January 1995, by section 16(2) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 125(1)(g): amended, on 1 July 2019, by section 68(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 125(1)(ga): inserted, on 30 June 2016, by section 23(1) of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).

Section 125(1A): inserted, on 30 June 2016, by section 23(2) of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).

Section 125(1A)(a): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 125(1B): inserted, on 30 June 2016, by section 23(2) of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).

Section 125(1B)(b): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

126 Persons who may apply for variation or discharge of order

The following persons may make an application under section 125 in respect of an order specified in that section:

(a)

the child or young person in respect of whom the order was made:

(b)

any parent or guardian of that child or young person:

(c)

any barrister or solicitor representing the child or young person:

(d)

any near relative of that child or young person:

(e)

any member of that child’s or young person’s whanau or family group:

(f)

any person on whom the application for the declaration under section 67 in respect of which the order was made has been served in accordance with section 152:

(g)

the chief executive:

(h)

the director of any child and family support service:

(i)

any iwi social service or cultural social service:

(j)

in respect of an order made under section 83(1)(c), any person required to receive counselling pursuant to that order:

(k)

in respect of any services order or interim services order made under section 86 or section 86A, any person or organisation required to provide services or assistance pursuant to the order:

(l)

in respect of any restraining order or interim restraining order made under section 87 or section 88, any person named in that order:

(m)

in respect of any support order or interim support order made under section 91 or section 92, any person or organisation directed, pursuant to that order, to provide support to a child or young person:

(n)

in respect of any custody order or interim custody order made under section 101, or any order made under section 78, any person granted custody of the child or young person by that order:

(o)

with the leave of the court, any other person.

Section 126(g): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 126(i): replaced, on 8 January 1995, by section 46 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 126(k): replaced, on 8 January 1995, by section 17 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

126A Court may direct holding of family group conference to consider application

(1)

Where an application is made under section 125, the court, at any stage of the proceedings, may direct a care and protection co-ordinator to convene a family group conference for the purpose of considering such matters relating to the child or young person as the court directs, and may adjourn the hearing of the application until the conference has been held.

(2)

The provisions of sections 20 to 36 shall apply with all necessary modifications with respect to the convening of a family group conference for the purposes of this section.

Section 126A: inserted, on 8 January 1995, by section 18 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

127 Court may vary or discharge order

(1)

On the hearing of any application under section 125(1) for the variation or discharge of any order, or the variation or discharge of any condition of any order, the court may—

(a)

vary the order in such manner as it thinks fit:

(b)

discharge the order:

(c)

discharge the order and substitute any other order referred to in section 83(1) or section 84(1):

(ca)

make any order referred to in section 83(1) or section 84(1) in addition to the order (whether or not the court exercises any other power specified in paragraph (a) or any of paragraphs (d) to (g) in relation to the order):

(d)

vary any condition of the order in such manner as it thinks fit:

(e)

discharge any condition of the order:

(f)

discharge any condition of the order and substitute any condition that could have been imposed when the order was first made:

(g)

impose a further condition of the order.

(2)

On the hearing of any application under section 125(2) for the variation, suspension, or discharge of any support order or interim support order made under section 91 or section 92, or for the variation, suspension, or cancellation of any condition of any such order, the court may—

(a)

vary the order in such manner as it thinks fit:

(b)

suspend the order for such period as may be specified:

(c)

discharge the order:

(d)

discharge the order and substitute any other order referred to in section 83(1) or section 84(1):

(da)

make any order referred to in section 83(1) or section 84(1) in addition to the order (whether or not the court exercises any other power specified in paragraph (a) or paragraph (b) or any of paragraphs (e) to (i) in relation to the order):

(e)

vary any condition of the order in such manner as it thinks fit:

(f)

suspend any condition of the order for such period as may be specified:

(g)

discharge any condition of the order:

(h)

discharge any condition of the order and substitute any condition that could have been imposed when the order was first made:

(i)

impose a further condition of the order.

(2A)

Despite subsections (1) and (2), the court may not, under either of those subsections, vary an interim order to make it a final order unless the court decides that the child or young person is in need of care or protection.

(3)

Where the court makes any order under this section, the court may, where it considers it necessary or desirable to do so, make such order under section 134 as it thinks fit with respect to any plan or revised plan in force concerning the child or young person.

Compare: 1974 No 72 s 64

Section 127(1)(ca): inserted, on 8 January 1995, by section 19(1) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 127(2)(da): inserted, on 8 January 1995, by section 19(2) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 127(2A): inserted, on 1 July 2019, by section 69 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 127(3): replaced, on 8 January 1995, by section 19(3) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Plans for children and young persons

128 Court to obtain and consider plan for child or young person before making certain orders

(1)

Where the court proposes to make any 1 or more of the orders specified in subsection (2) in respect of any child or young person, the court shall, before making any such order, obtain, in relation to that child or young person, a plan prepared in accordance with sections 129 and 130.

(2)

The orders referred to in subsection (1) are as follows:

(a)

a services order under section 86:

(b)

a support order under section 91 in respect of any child or young person:

(c)

an order (other than an interim order) under section 101 placing any child or young person in the custody of any person:

(d)

an order under section 110 appointing any person as the sole guardian of a child or young person:

(e)

a special guardianship order under section 113A.

(2A)

An applicant for an order may prepare a plan, that the court is required to obtain to make the order, and file it in accordance with subsection (3A) without a direction from the court.

(3)

Where, pursuant to subsection (1), the court is required to obtain a plan in relation to a child or young person, that plan shall be prepared notwithstanding that a plan prepared pursuant to this section is already in force in relation to that child or young person, and on the preparation of that plan any plan already in force in relation to the child or young person shall cease to be in force.

(3A)

A plan prepared under subsection (1) or (2A) must be filed with the court not later than 10 working days before the date set for the hearing to determine whether an order specified in subsection (2) should be made.

(4)

Notwithstanding anything in subsection (1), where—

(a)

the court proposes to make an order in respect of a child or young person; and

(b)

but for this subsection, the court would be required, pursuant to subsection (1), to obtain a plan in respect of the order; and

(c)

the making of the order would be in accordance with a decision, recommendation, or plan made or formulated by a family group conference; and

(d)

that conference has already formulated, in respect of the child or young person, a plan that complies with the requirements of section 130; and

(e)

either—

(i)

that plan was prepared in consultation with the chief executive; or

(ii)

the chief executive consents to that plan being treated as a plan obtained by the court pursuant to subsection (1),—

the court may treat that plan as a plan obtained by the court pursuant to subsection (1), and that subsection and the other provisions of this Act that relate to plans obtained pursuant to that subsection shall apply accordingly as if the plan had been prepared by the chief executive.

Section 128(2)(a): amended, on 8 January 1995, by section 20(1) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 128(2)(e): inserted, on 30 June 2016, by section 24 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).

Section 128(2A): inserted, on 1 July 2019, by section 70(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 128(3A): inserted, on 1 July 2019, by section 70(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 128(4): inserted, on 8 January 1995, by section 20(2) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 128(4): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82