Clause 4 amends section 11, which concerns the participation and views of children and young persons in certain proceedings and processes. The amendment provides that decisions must be explained to children or young persons in a manner appropriate for their age and level of understanding.

Clause 5 amends section 17, which concerns the investigation of reports regarding the treatment of children and young persons. The amendment adjusts the heading to section 17.

Clause 6 replaces section 18B. New section 18B provides that a person described in the section is one 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.

Clause 7 repeals section 66D, which concerns public notification of information about combined datasets.

Clause 8 amends section 83, which specifies the orders that the court may make when satisfied that a child or young person is in need of care or protection. The amendment repeals section 83(2A) and (2B).

Clause 9 amends section 87(1) to clarify that the court may make certain restraining orders if satisfied that a child or young person is in need of care or protection.

Clause 10 amends section 95 as a consequence of the repeal of section 67 by section 42 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017. The amendment replaces the reference to a declaration with a reference to the court being satisfied that a child or young person is in need of care or protection.

Clause 11 replaces section 104(3)(c) to state the relevant entry and search provisions rather than applying, with all necessary modifications, the entry and search provisions of section 105.

Clause 12 consequentially repeals section 110(4) as the substance of the provision is incorporated into new section 113A(1AA) (as inserted by clause 13).

Clause 13 makes 2 amendments to section 113A, which provides that the court may make special guardianship orders. Clause 13(1) inserts new section 113A(1AA) to clarify that the jurisdiction to make a special guardianship order arises under section 113A. Clause 13(2) consequentially amends section 113A(1) to reflect the repeal of section 110(4).

Clause 14 replaces section 121(2)(c) and (ca) with new section 121(2)(c) to include a cross-reference.

Clause 15 replaces section 126(f) with new section 126(f) as a consequence of the repeal of section 67 (see clause 10). The amendment replaces the current reference to a declaration with a reference to a care or protection order.

Clause 16 amends section 137(1)(f) as a consequence of the repeal of section 67 (see clause 10). The amendment replaces the current reference to a declaration with a reference to a care or protection order.

Clause 17 replaces section 144(1) with new section 144(1), which relates to certain agreements that require the consent of a child over the age of 12 years or a young person. New section 144(1) provides that certain agreements may not be made unless the child or young person concerned consents, and changes the requirement for written consent to a requirement for recorded consent.

Clause 18 amends section 158, which relates to applications that may be heard together. The amendment repeals section 158(2) and (3) as a consequence of the replacement of section 18B(2) (see clause 6).

Clause 19 amends section 165, which relates to payment of lay advocates, by replacing section 165(1) with new section 165(1) to provide that the Registrar of the court may, in the absence of relevant regulations, determine the fees and expenses for a lay advocate appointed under section 163.

Clause 20 amends section 186(1) as a consequence of the repeal of section 67 (see clause 10). The amendment simplifies the provision and deletes the reference to a declaration.

Clause 21 amends section 187(1) as a consequence of the repeal of section 67 (see clause 10). The amendment simplifies the provision and deletes the reference to a declaration.

Clause 22 replaces section 196 with new section 196, as the specific privilege relating to the disclosure in proceedings of protected communications to a medical practitioner or clinical psychologist set out in section 32 of the Evidence Amendment Act (No 2) 1980 no longer applies owing to its repeal. New section 196 provides that if a court is, in relation to a child or young person, asked to exercise its discretion under section 69 of the Evidence Act 2006, the court must give the lawyer appointed under section 159 of the principal Act to represent the child or young person an opportunity to be heard on the matter.

Clause 23 replaces section 198(2). New section 198(2) provides that nothing in section 197 applies to any application for a care or protection order on the ground specified in section 14(1)(e).

Clause 24 adjusts the definition of protection proceedings in section 207B as a consequence of the repeal of section 67 (see clause 10). The amendment replaces the reference to a declaration with a reference to a care or protection order.

Clause 25 amends section 207O, which concerns appeals against an order for transfer. Section 207O(b) is replaced with new section 207O(b) to provide that an appeal must be brought within 10 working days after the day on which the order was made.

Clause 26 amends section 207U, which also concerns appeals against an order for transfer. Section 207U(b) is replaced with new section 207U(b) to provide that an appeal must be brought within 3 working days after the day on which the order was made.

Clause 27 amends section 207ZC to correct a cross-reference.

Clause 28 amends section 214, which sets out requirements relating to the arrest of a child or young person without a warrant, to remove a cross-reference. New section 214(2A) is also inserted to clarify that the requirements in section 214(1) do not prevent a constable from arresting a child or young person without warrant under section 214A if the criteria in that section are met.

Clause 29 amends section 214A, which provides that a child or young person may be arrested without warrant for breach of their bail conditions. Section 214A(b)(i) is replaced with new section 214A(b)(i) to clarify that a child or young person may be arrested without warrant if they are in breach of their bail conditions, or have recently breached their bail conditions for a third time. New section 214A(2) and (3) are also inserted. New section 214A(2) provides that if a child or young person appears before a court and the court considers the child’s or young person’s bail, no breach of a bail condition that occurred before the appearance may be used to support a subsequent arrest under section 214A. New section 214A(3) clarifies that section 214A does not apply if the child or young person is arrested without warrant under section 35 of the Bail Act 2000.

Clause 30 repeals section 239A because it has expired.

Clause 31 amends section 242 to adjust a cross-reference.

Clause 32 replaces section 248A(1), which concerns the appointment of youth advocates, with new section 248A(1). New section 248A(1) provides that section 248A applies if an offence is punishable by imprisonment of 10 years or more and a family group conference relating to the offence is required. Clause 32 also replaces section 248A(2) with new section 248A(2) and (2A) to provide that the chief executive must appoint a youth advocate for a child or young person at the family group conference if the child or young person would be without legal representation at the family group conference.

Clause 33 amends section 258(1), which concerns the functions of family group conferences. The amendment clarifies that family group conferences may make certain decisions regarding children who are in need of assistance as well as regarding those who are in need of care or protection.

Clause 34 amends section 261, which concerns family group conference decisions, recommendations, and plans, to clarify that it applies to decisions, recommendations, and plans, regarding children who are in need of assistance as well as those who are in need of care or protection.

Clause 35 amends section 272 as a consequence of the repeal of section 67 (see clause 10). The amendment replaces section 272(1A)(b)(i) with new section 272(1A)(b)(i) to replace the current reference to a declaration with a reference to a care or protection order.

Clause 36 replaces section 273(1) to clarify that section 273, which concerns the manner of dealing with offences, applies to certain young persons who are charged with certain offences.

Clause 37 amends section 311, which provides that if a charge against a young person is proved before the Youth Court, the court may make an order placing the young person in the custody of the chief executive of Oranga Tamariki. The amendment replaces section 311(3) with new section 311(3). New section 311(3) provides that a supervision order may be made on the same date that a young person is released from the custody of the chief executive.

Clause 38 amends section 325. The amendment replaces section 325(1) with new section 325(1) to provide that the Registrar of the court may, in the absence of relevant regulations, determine the fees and expenses of a youth advocate appointed under section 323.

Clause 39 amends section 328A. The amendment replaces section 328A(1) with new section 328A(1) to provide that the Registrar of the court may, in the absence of relevant regulations, determine the fees and expenses of a lay advocate appointed under section 326.

Clause 40 amends the heading to section 350 to better align it with the content of the provision.

Clause 41 amends section 365 to expressly provide that, when placing a child or young person in a residence, the chief executive must comply with requirements in regulations. The amendments also change the term “guardianship” to “sole guardianship”.

Clause 42 amends section 386A, which concerns advice and assistance for young persons up to age 25. The amendment extends the provision to young persons in a youth unit of a prison.

Clause 43 amends section 447, which provides for the making of regulations under the Act. The amendments replace section 447(1)(fa)(iii) with new section 447(1)(fa)(iii) and insert new section 447(1)(fa)(v) to add the power to make regulations for providing for the training and support of caregivers and care providers and for assessing the safety and suitability of caregivers and other persons living in certain residences.

Clause 44 amends Schedule 1AA, which sets out transitional provisions, to correct several cross-references and to provide for the continuation of determinations made before the commencement date of this Bill.