Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698832317165.pdf (New Zealand)
Vulnerable Children Bill Government Bill Explanatory note General policy statement This Bill is an omnibus Bill that is introduced under Standing Order 260(a) (dealing with an interrelated topic regarded as implementing a single broad policy).

It will result in 2 new principal Acts: the Vulnerable Children Act and the Child Harm Prevention Orders Act.

It also amends the Children, Young Persons, and Their Families Act 1989 (the CYPF Act) and the KiwiSaver Act 2006 (the KiwiSaver Act).
The Bill forms part of a series of measures to protect and improve the well-being of vulnerable children (children who are at significant risk of harm to their well-being now and into the future as a consequence of the environment in which they are being raised and, in some cases, due to their own complex needs).

These reforms were proposed in the White Paper for Vulnerable Children (the White Paper) and the Children’s Action Plan released in October 2012.
The changes will also support the Government’s Better Public Services programme in the key result area of reducing the number of assaults on children.
The objectives of this Bill are to— • reinforce the need for shared responsibility, and co-ordinated and collaborative action across the government social services sector to better protect vulnerable children; and 150—1 2 • • • Vulnerable Children Bill Explanatory note help ensure children are safe with those that work with them; and minimise the risk of future harm posed by those who have abused children in the past, including ensuring the safety of children of adults who have previously had a child or young person permanently removed from their care due to abuse or neglect or where the adult has been convicted of the murder, manslaughter, or infanticide of a child or young person in his or her care; and enhance the response to children who have already been abused or neglected to increase their chances of better long-term outcomes.
Key changes in the Bill include the following: • requiring prescribed chief executives to work together to produce and report progress on implementing a cross-sector agency plan (the vulnerable children’s plan), which sets out how agencies will collectively achieve the Government’s priorities for vulnerable children: requiring prescribed State services to have policies in place containing provisions on the identification and reporting of child abuse and neglect, and to ensure that their funded and contracted services also have such policies in place: new standard safety checks for employees in the Government and government-funded children’s workforce, and a restriction on the employment of persons with disqualifying convictions: allowing for new civil orders (Child Harm Prevention Orders) to be made against those who pose a high risk of abusing or neglecting children in the future: new special guardianship provisions to provide increased se- curity for children entering “Home for Life” placements: a requirement to consider requests for support from young people leaving State care to live independently, and provide that support in certain circumstances: rebalancing the care and protection principles to ensure that the principles are as child-centred and as clear as possible: reinvigorating and refocusing the family group conference so that its processes support the best possible outcomes for chil- dren and young people in need of care and protection: • • • • • • • Explanatory note Vulnerable Children Bill 3 • • • changing family group conference plans and court reports and plans to give parents more clarity on the changes they need to make to meet their child’s care and protection needs: placing an onus on a parent of a subsequent child to demon- strate that he or she is safe to parent, if a child or young person in the parent’s care was permanently removed due to abuse or neglect or the parent has been convicted of the murder, manslaughter, or infanticide of a child or young person in the parent’s care: enabling a guardian appointed under the CYPF Act to enrol children and young persons in KiwiSaver, and make decisions relating to a KiwiSaver account, without needing to obtain the consent of other guardians.
Context The White Paper and Children’s Action Plan set out what the Gov- ernment will do to protect vulnerable children who are at risk of mal- treatment or who have been maltreated.
It took a comprehensive ap- proach by looking at what the Government can do better to— • • prevent vulnerability; and identify vulnerable children (including reporting and assess- ment, and improved processes for sharing information among professionals); and respond to children at risk of maltreatment; and provide high-performing child protection services; and manage high-risk adults.
• • • A significant amount of work under the Children’s Action Plan is happening alongside the legislative changes proposed in this Bill to prevent and respond to child abuse and neglect.
These non-legisla- tive changes include the following: • a public awareness initiative aimed at informing parents, fam- ilies, whānau, neighbours, and communities about what they should be concerned about, warning signals, and where to go for help: new cross-agency community-based Children’s Teams that will deliver a joined-up response to children who do not require immediate intervention from Child, Youth and Fam- • 4 • • • • • Vulnerable Children Bill Explanatory note ily, but whose circumstances make them at risk of abuse or neglect in the future: new Regional Director roles, who will oversee the implemen- tation of the Children’s Teams in their areas, and a National Children’s Director to drive the Children’s Action Plan work programme and promote the changes in the Children’s Action Plan: the establishment of a Vulnerable Children’s Board (VCB), comprising the chief executives of the major social sector agencies, which will be accountable for delivering the re- forms: a comprehensive children’s workforce action plan that will in- clude the promotion of core competencies for the children’s workforce and best-practice vetting and screening approaches: a Child, Youth and Family Strategy for Children and Young People in Care (the Strategy for Children in Care) that intro- duces measures to improve the long-term outcomes of children in care: a more comprehensive and systematic approach to the tracking and flagging of high-risk adults so situations of risk to children can be responded to more quickly and consistently.
The Children’s Action Plan is a long-term plan recognising that im- plementing it and seeing results will take sustained action over a number of years.

The reforms in this Bill are intended to help embed these reforms to enable sustained change.

Government priorities for vulnerable children and vulnerable children’s plan The Bill introduces a new obligation on specified chief executives to collectively develop, and report progress against, a vulnerable chil- dren’s plan.
The Bill sets out how the chief executives will work together to achieve the Government’s priorities for improving the well-being of vulnerable children.

Addressing child vulnerability in New Zealand will take a sustained effort across Government agencies, working in partnership with par- ents, caregivers, families, whānau, iwi, and communities.

It is the responsibility of parents and caregivers to raise and protect their chil- dren, supported by families, whānau, iwi, and communities.
Govern- Explanatory note Vulnerable Children Bill 5 ment needs to step in where parents, families, and whānau are unable or unwilling to care for or protect their children.

This provision cre- ates a durable and visible commitment to collective government ac- tion in order to improve the well-being of vulnerable children.

The provision applies to the chief executives of agencies with the main service delivery levers or statutory functions that impact on vul- nerable children and their families and whānau.
Chief executives will be held accountable for meeting these requirements via the existing public sector performance management arrangements.
Child protection policies To help encourage accurate reporting of suspected maltreatment and to provide clarity about identifying and responding to children who are being maltreated, the Bill introduces a requirement that prescribed State services, District Health Boards, boards of trustees of State and State-integrated schools, and sponsors of partnership schools kura hourua adopt child protection policies containing provisions on the identification and reporting of child abuse and neglect.
It will also place an obligation on these agencies to ensure that any relevant contracts or funding arrangements include the requirement to adopt child protection policies.

Children’s worker safety checking Gaps in vetting and screening provide opportunities for unsafe people to work with children, and can mean that child abuse can occur more easily in some settings.
The new requirements for standard safety checks included in this Bill provide for consistent and rigorous vet- ting and screening of employees within the State sector and organisa- tions funded by the Government.

They are designed to balance the need to protect children from the threats posed by a small number of high-risk individuals with the need to ensure that safe and competent individuals are not discouraged from entering the workforce.
The legislation sets out an enabling regime with specific operational detail to be included in regulations and guidance.

In this way, the re- quirements will be made proportionate to the level of risk and will be able to be applied flexibly.

It will also enable the requirements to be adjusted over time.

The regulations and guidance will be developed in consultation with the sector.
6 Vulnerable Children Bill Explanatory note Workforce restriction This Bill also contains a permanent workforce restriction to prevent people with serious convictions from working within relevant roles within the core children’s workforce.

This is designed to support the integrity of the children’s workforce and send a clear signal that people who have committed certain offences should be prevented from working with children.
The list of convictions that would mean an individual is restricted is provided in the Bill.

These are serious convictions and this list has purposely been drawn relatively tightly as it is intended to act as a minimum bar.

The intention behind this restriction is not to im- ply that individuals without these specific convictions are necessarily safe to work with children.

Employers will still need to make these decisions carefully, based on the information sourced during a safety check.
The Bill also includes provision for individuals to be exempted from the restriction as it is recognised that there may be a small number of cases where a permanent workforce restriction is not justified.

Child Harm Prevention Orders The Bill provides for the creation of new Child Harm Prevention Orders (CHPOs), which allow for the imposition of terms that re- strict individuals subject to the orders from being in contact with children.
Conditions can include not being able to live with or work with children.

CHPOs are designed to mitigate the risk presented by some adults who pose a high risk of harm to those children.

They are not intended as punishment for previous offences committed by the individuals subject to them.
A court may impose a CHPO where— • a person has been convicted of, or found on the balance of probabilities to have committed, 1 or more of the qualifying offences listed in Schedule 3 against a child or children; and the court is satisfied that the person poses a high risk of com- mitting further offences that will cause serious harm to a child or children.
• To assist in determining whether an adult poses a high risk, a new risk assessment measure is to be developed, and the legislation will not come into force until that measure is available.

Explanatory note Vulnerable Children Bill 7 Proceedings for a CHPO start with an application to the High Court or a District Court, both acting in their civil jurisdictions.
They are inde- pendent of criminal proceedings, and do not require that any charge has been laid against the person for the qualifying offence upon which the application is based.

There are adults in New Zealand who pose a high risk of offending against children despite various non-coercive and coercive interven- tions currently in place to address that risk.

CHPOs seek to better mitigate that risk.


CHPOs focus on the adult who a court is satisfied committed the harm and encompasses offending that is wider than “in-home” offending.

The orders also cover adults who have not been convicted of offend- ing.

Where a person has probably harmed a child or children, and he or she is thought to pose a high risk of causing serious harm in the fu- ture, a Court will be able to take action against the person to mitigate that risk.
The orders will be imposed only if there is no alternative means of reducing the risk to children that would be equally effective and less intrusive.

CHPOs seek to provide protection to a wide range of children and are less restrictive than other risk-based regimes that have a criminal conviction threshold.

Current civil mechanisms are limited in their scope.

Some of them mitigate harm by disrupting the child’s life, rather than focusing on the adult who poses the risk or has committed the harm.
To the extent that mechanisms focus on the adult, they either depend upon a crim- inal conviction or focus only on in-home offending against named children.

CHPOs seek to minimise all occasions where a child may come across a person who presents a high risk of causing serious harm.

Amendments to CYPF Act The White Paper reiterated the importance that the Government places on having a high-performing child protection service in Child, Youth and Family.
It identified children in care or requiring other statutory interventions as priority groups, and the need for legislation to better support these children and ensure they are at the heart of decision making.
8 Vulnerable Children Bill Explanatory note Clarifying care and protection principles The Bill makes amendments to the care and protection principles to ensure that the principles are as child-centred and as clear as pos- sible for practitioners who are required to balance competing consid- erations, whilst making sure that all decisions are in the best interests of the particular child.
The Bill makes amendments to the care and protection principles to emphasise that the child’s welfare and inter- ests must always be the first and paramount consideration.

Family group conferences (FGCs) and court plans and reports The FGC is the key decision-making and planning mechanism for children and young people in need of care or protection, so it is es- sential that its processes support the best possible outcomes for these vulnerable children and young people.
The changes in this Bill for FGCs will reinvigorate and refocus the FGC.

These changes will re- quire any FGC plan to contain information on the services and assist- ance needed, who will provide them, and the responsibilities and per- sonal objectives of the child and their parent.
FGC plans for children in out-of-home care will need to identify the behavioural changes parents need to make, and whether there is a realistic possibility of the child returning home, and of the time frames for parents to make identified changes and for the child’s objectives to be achieved.

Changes to court reports and plans will be aligned with changes being made to FGC plans and increase the focus on meeting the child’s needs.
Special guardianship The Bill introduces a new type of guardianship for children leaving State care that provides an alternative and more secure mechanism than is available through the Care of Children Act 2004 for the new guardians to provide long-term, safe and stable care.

It can be tai- lored to meet the child’s situation by allowing guardianship rights to be shared between the special guardians and the child’s parents, or vested solely in the special guardians.
Support for children who leave State care to live with special guardians is provided through a new obligation on the chief ex- ecutive to provide support in a range of specific circumstances, accompanied by an appeal process that enables the Family Court Explanatory note Vulnerable Children Bill 9 to determine if the chief executive has unreasonably declined to provide support and order that it be provided.
This replaces the option of using a services order to secure support, and addresses concerns identified in the White Paper about the stress caused by the ongoing reviews of services orders.

Achieving independence Young people who leave State care but are unable to live with fam- ily or committed caregivers are particularly vulnerable.

The Bill provides increased options for obtaining assistance to these young people.
Ensuring safety of subsequent children Research cited in the White Paper suggests parents who have previ- ously had a child permanently removed from their care due to abuse or neglect are likely to pose a risk to subsequent children.
This Bill will amend the CYPF Act to introduce a new ground for a child being in need of care or protection, where the child’s parent has previously had a child or young person permanently removed from their care due to abuse or neglect or the parent has been convicted of the murder, manslaughter, or infanticide of a child or young person in the parent’s care.

The new ground will provide that any subsequent child is in need of care or protection unless the parent has demon- strated they are safe to parent.
The new processes are expected to provide greater rigour, court over- sight, and transparency around care and protection decision mak- ing, further enhancing the safety of subsequent children.

The pro- posal may also provide impetus for a parent to proactively make be- havioural changes.

KiwiSaver The White Paper and the Strategy for Children in Care identified the importance of improving long-term outcomes of children in State care and improving their transitions out of care.
Improving their long-term financial outcomes is part of this focus and KiwiSaver of- fers a means to assist in achieving this outcome.
As children under 16 years of age currently require the consent of all guardians to open a KiwiSaver account, this Bill amends the Kiwi- 10 Vulnerable Children Bill Explanatory note Saver Act and CYPF Act so that a guardian appointed under the CYPF Act can enrol the child in a KiwiSaver scheme, and make deci- sions in relation to the scheme, without needing to obtain the consent of other guardians.
Departmental disclosure statement The Ministry of Social Development is required to prepare a disclos- ure statement to assist with the scrutiny of this Bill.

It provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill.

A copy of tion.govt.nz/disclosure.aspx?type=bill&subtype=govern- ment&year=2013&no=150&.
the statement can be found at http://legisla- Regulatory impact statement The Ministries of Social Development, Justice, and Education pro- duced 6 regulatory impact statements to help inform the main policy decisions taken by the Government relating to the contents of this Bill.
They are as follows: • specific amendments to care and protection legislation, pro- duced by the Ministry of Social Development, dated 19 Au- gust 2013: revised proposal for Child Harm Prevention Orders, produced by the Ministry of Justice, dated 10 April 2013: joint accountability and shared responsibility, produced by the Ministry of Social Development, dated 19 June 2013: standard safety checks for the children’s workforce, produced by the Ministry of Education, dated 19 August 2013: additional amendments to legislation to assist children in care, produced by the Ministry of Social Development, dated 10 July 2013: ensuring the safety of subsequent children, produced by the Ministry of Social Development, dated 19 June 2013.
• • • • • Copies of these regulatory impact statements can be found at— • Revised proposal http://www.justice.govt.nz/policy/regulatoryimpactstate- ments for Child Harm Protection Orders: Explanatory note Vulnerable Children Bill 11 • • for the children’s workforce: Standard safety checks http://www.minedu.govt.nz/theMinistry/PublicationsAn- dResources/RIS.aspx All http://www.msd.govt.nz/about-msd-and-our-work/publica- tions-resources/regulatory-impact-statements/index.html These regulatory impact statements can all also be found at: http://www.treasury.govt.nz/publications/informationreleases/ris statements: regulatory impact other Clause by clause analysis Clause 1 is the Title clause.
The Bill is intended to be divided at the end of its committee of the whole House stage, and to be enacted as the following 4 separate Acts: • • • Vulnerable Children Act 2013—Part 1: Child Harm Prevention Orders Act 2013—Part 2: Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2013—subpart 1 of Part 3: KiwiSaver 2013—subpart 2 of Part 3.

Children) Amendment Act (Vulnerable • Clause 2 relates to commencement.
The Bill is expressed to come into force on the day after the date of Royal assent, which means that subparts 1 and 2 of Part 1 (other than section 18), some sections in Part 3, and subpart 2 of Part 3 will come into force then.

All the other provisions of the Bill will be brought into force by Order in Council or, if not in force on the date that is 2 years after Royal assent, on that date.
The reasons why provisions relating to the following topics need to be brought into force by Order in Council are as follows: • in relation to the requirement for school boards (including sponsors of partnership schools kura hourua) to adopt child protection policies (section 18), the requirement to adopt poli- cies as soon as practicable may not be sufficiently flexible to allow school boards the time they need to develop and im- plement policies.
It may be more appropriate to ensure that policies are prepared and put in place before the requirement comes into force: 12 • • • Vulnerable Children Bill Explanatory note in relation to children’s worker safety checking (subpart 3 of Part 1), the safety checking part of the Bill cannot come into force until the supporting regulations are ready.
Two years will be the maximum period of time needed to get the regula- tions drafted, given that there will be a significant consultation process: in relation to Child Harm Protection Orders (Part 2), an infor- mation system and a risk assessment tool need to be developed for the orders to operate effectively: in relation to a number of amendments to the Children, Young Persons, and Their Families Act 1989 (subpart 1 of Part 3), significant changes are required to some existing IT systems, and training for professionals working in the area will be re- quired.
Part 1 Cross-agency measures Clause 3 relates to the application of Part 1 to the Crown.

Subpart 1—Government priorities for vulnerable children and vulnerable children’s plan Clause 4 states the purpose of subpart 1.

That purpose is to support the Government’s setting of priorities for improving the well-being of vulnerable children, and to ensure that children’s agencies work together to improve the well-being of vulnerable children.
Clause 5 defines, for the purposes of subpart 1, terms used in that sub- part (namely, child, children’s agencies, children’s Ministers, respon- sible Minister, vulnerable children, and vulnerable children’s plan).

Clause 6 defines improving the well-being of vulnerable children, in relation to— • • the setting of Government priorities under clause 7; and the preparation of the vulnerable children’s plan under clause 8.
Clause 7 relates to the responsible Minister from time to time, after consulting with the children’s Ministers, setting Government prior- ities for improving the well-being of vulnerable children.

Explanatory note Vulnerable Children Bill 13 Clause 8 relates to the preparation of the vulnerable children’s plan.

Clause 9 relates to the content of the plan.

Clause 10 indicates when the plan comes into effect and continues in force.

Clause 11 makes clear the effect of the plan.


(See also clause 13, which relates to accountabilities.)

Clause 12 is about the review, and amendment or replacement, of the plan.

Clause 13 specifies accountabilities of the responsible Minister and of the chief executives of each of the children’s agencies.

Subpart 2—Child protection policies Clause 14 states the purpose of subpart 2.
That purpose is to require child protection policies (that must contain provisions on the identi- fication and reporting of child abuse and neglect) to be— • adopted and reported on by prescribed State services and DHBs boards; and adopted by school boards; and adopted by certain people with whom those services or boards enter into contracts or funding arrangements.
• • Clause 15 defines, for the purposes of subpart 2, terms used in that subpart (namely, board (of a DHB), child, children’s services, DHB, independent person, prescribed State service, and school board).

A school board means a board or body that is a board for the purposes of Part 7 (control and management of State schools) of, or a sponsor of a partnership school kura hourua under, the Education Act 1989.
A child means a person who is— • a child as defined in section 2(1) of the Children, Young Per- sons, and Their Families Act 1989 (because the person is a boy or girl under the age of 14 years); or a young person as defined in section 2(1) of the Children, Young Persons, and Their Families Act 1989 (because the per- son is— • a boy or girl of or over the age of 14 years but under 17 years; and not a person who is or has been married or in a civil union).
• • 14 Vulnerable Children Bill Explanatory note Children’s services are services that are any of the following: • • • services provided to 1 or more children: services to adults in respect of 1 or more children: services provided to adults living in households that include 1 or more children, and that— • do or may affect significantly any 1 or more aspects of the well-being of those children; and are for the time being prescribed by an Order under clause 15(2): • • services provided in respect of children that are for the time being prescribed under clause 15(3).
Clause 16 requires the chief executive of each prescribed State ser- vice (as defined in and under clause 15(1) and (4)) to ensure that the service,— • • if the service is or becomes a provider of children’s services,— adopts, as soon as is practicable, a child protection pol- • icy; and reports in its annual report (under section 43 of the Pub- lic Finance Act 1989, section 101 of the Policing Act 2008, or another enactment) on whether, or on the ex- tent to which, its operations have implemented the pol- icy; and ensures that a copy of the policy is available on an Inter- net site maintained by or on behalf of the service; and reviews the policy within 3 years of the date of its first adoption, or of its most recent review, under clause 16; and • • • ensures that every contract, or funding arrangement, that the chief executive or the service (in either case, acting on the Crown’s behalf, or independently) enters into with an inde- pendent person requires the person to adopt (and to review in accordance with clause 16(a)(iv)) a child protection policy if, in the opinion of the chief executive of the State service,— • the person is or becomes a provider of children’s ser- vices; and some or all of the contract or arrangement is about pro- viding children’s services.
• Explanatory note Vulnerable Children Bill 15 Clause 17 requires every board of a DHB to adopt, as soon as is practicable, a child protection policy.

The board must report in its annual report under section 150 of the Crown Entities Act 2004 on implementation of the policy.

The policy must be available on an Internet site maintained by or on behalf of the board.
The board must ensure that every contract, or funding arrangement, that after that commencement the board enters into with an independent person requires the person to adopt (and to review in accordance with clause 17(e)) a child protection policy if, in the opinion of the board, the person is or becomes a provider of children’s services, and some or all of the contract or arrangement is about providing children’s services.
The policy must be reviewed within 3 years of the date of its first adoption, or of its most recent review, under clause 17.

Clause 18 requires every school board to adopt, as soon as is practic- able after the commencement (under clause 2(2) or (3)) of clause 18, a child protection policy.

The policy must be available on the Internet site (if any) maintained by or on behalf of the board or be available on school premises if requested.
The board must ensure that every contract, or funding arrangement, that after that commencement the board enters into with an independent person requires the person to adopt (and to review in accordance with clause 18(d)) a child protec- tion policy if, in the opinion of the board, the person is or becomes a provider of children’s services, and some or all of the contract or arrangement is about providing children’s services.
The policy must be reviewed within 3 years of the date of its first adoption, or of its most recent review, under clause 18.

Clause 19 relates to the content of a child protection policy required under subpart 2.
The policy must— • apply to the provision of children’s services by the service, board, or independent person that adopts the policy; and be written, and contain provisions (whether or not it contains provisions on any other matter or matters) on the identification and reporting of child abuse and neglect in accordance with section 15 of the Children, Young Persons, and Their Families Act 1989.

• Clause 20 makes clear the effect of a child protection policy.
16 Vulnerable Children Bill Explanatory note Subpart 3—Children’s worker safety checking This subpart establishes a regime for ensuring that some people who work with children in child and family focused services are safety checked.

Clause 21 states that the purpose of this subpart is to reduce the risk of harm to children by requiring that people employed or engaged in work that involves regular or overnight contact with children are safety checked.
Clause 22 provides for the liability of Crown organisations to pros- ecution for offences against this subpart, and provides that, if con- victed, they may be sentenced to pay a fine, despite section 8(4) of the Crown Organisations (Criminal Liability) Act 2002.

Clause 23 is the interpretation clause for this subpart.
It defines rele- vant terms, including: • children’s worker (of which there are 2 kinds: core workers and non-core workers): regulated activity (listed in Schedule 1): safety checked: specified offence (listed in Schedule 2): screening service: regular or overnight contact (see clause 23(2)).

• • • • • Clause 24 defines specified organisations.
These are the State ser- vices (as defined in the State Sector Act 1988), and individuals and organisations funded by any of the State services to provide regu- lated activities, that employ or engage children’s workers to perform regulated activities.

Local authorities, and individuals and organisa- tions funded by local authorities to provide regulated activities, may be declared to be specified organisations by regulations made under this subpart.
Obligations of specified organisations Clause 25 requires specified organisations to ensure that safety checks are completed before employing or engaging any person as a children’s worker.

For core workers, the obligation commences as soon as this subpart comes into force, while for non-core workers it commences a year later.

Explanatory note Vulnerable Children Bill 17 Clause 26 requires specified organisations to ensure that their exist- ing workforce of children’s workers is safety checked.
For core workers, the obligation commences 3 years after this subpart comes into force, while for non-core workers it commences a year later than that.

Clause 27 requires specified organisations to ensure that all chil- dren’s workers employed or engaged by the specified organisation are safety-checked at 3-year intervals.

Clauses 25 to 27 do not prohibit the employment or engagement of any person; they merely require that specified organisations safety- check their children’s workers.
Failure to comply with this obligation is an offence that carries a maximum penalty of $10,000 for each failure.

Clause 28 prohibits specified organisations from employing or en- gaging a core worker who has been convicted of a specified offence, unless the worker has an exemption granted under clause 34, and en- titles them to dismiss such a worker, in accordance with this clause.
For new core workers, the obligation commences as soon as this sub- part comes into force, while for existing core workers it commences a year later.

The clause sets out some rules about what a specified organisation must and may do if it knows, or believes on reasonable grounds, that an existing core worker has been convicted of a speci- fied offence.

The penalty for an offence of employing or engaging a core worker in breach of the obligations in this clause is a fine with a maximum penalty of $50,000.
Clause 28(3)(b)(i) (which ensures that no compensation or other payment is payable in respect of an au- thorised suspension or termination, despite anything to the contrary in any contract or agreement) does not limit or affect the Wages Pro- tection Act 1983.

Defences Clauses 29 and 30 provide 2 defences for specified organisations.
For offences against clauses 25 to 27, it is a defence if the specified organisation took all reasonable steps to ensure the safety checks of its new and existing workers were done as required.

For offences against any of clauses 25 to 28, there is a defence relating to the use of children’s workers in an emergency, where the workers are employed or engaged for no more than 5 consecutive working days.
18 Vulnerable Children Bill Explanatory note Safety checks Clause 31 requires that safety checks comply with this section and the regulations that set out specific requirements for safety checks.

Safety checks must include— • • • An important aspect of safety checks is that, for core workers, the clean slate regime set out in the Criminal Records (Clean Slate) Act 2004 does not apply.
That Act cannot be used to conceal a convic- tion for a specified offence, even if the person would otherwise have, under that Act, no criminal record.

checking a person’s identity: considering specified information about the person: carrying out a risk assessment of the person.

Regulations Clause 32 is the regulation-making power for making regulations relating to safety checks.

Clause 33 is the regulation-making power for other regulations re- quired by this subpart.
It includes powers to expand or restrict the things that are described as regulated activities, to declare local au- thorities, and individuals and organisations funded by them, to be specified organisations, and to provide that certain individuals and It also provides for organisations are not specified organisations.

regulations relating to the approval of screening services.
Exemption for workers convicted of specified offence Clause 34 provides that the chief executive of any key agency (being the Ministries of Social Development, Health, Education, and Just- ice) may grant an exemption to a person who has been convicted of a specified offence if the chief executive is satisfied that the person would not pose an undue risk to the safety of children if employed or engaged as a core worker.
Clauses 35 to 37 set out procedures for applying for, and for revoking, an exemption, and for appeals against decisions relating to the grant or revocation of an exemption.

Explanatory note Vulnerable Children Bill 19 Monitoring compliance Clause 38 allows the chief executives of key agencies to require in- formation from specified organisations for the purpose of monitoring compliance with the safety-checking requirements.
They can also re- quire specific information about any safety checks done on a named person, and the person’s work history, if the information is necessary to prevent or lessen a serious threat to the safety of any child or chil- dren.

Miscellaneous Clause 39 provides for the approval of screening services.

Screen- ing services are services that may carry out all or any part of a safety check on behalf of a specified organisation.
(Using an approved screening service is likely to mean that a specified organisation can more readily make out the defence of having taken all reasonable steps to ensure safety checks are properly completed.)

Screening ser- vices may be approved by the chief executive of any key agency.

Clause 40 provides that the chief executive of any key agency, other than the Ministry of Justice, can prosecute an offence under this sub- part, but a chief executive cannot prosecute his or her own agency.
Consequential amendments to other enactments Clause 41 amends the Crown Organisations (Criminal Liability) Act 2002 to insert a reference to this subpart of the Bill.

This is necessary to support the provision in clause 22 that allows Crown organisations to be criminally liable for offences against this subpart.

Clause 42 amends the Sentencing Act 2002 because Crown organ- isations can be criminally liable for offences against this Part.
Clause 43 amends the Criminal Records (Clean Slate) Act 2004 to insert a cross-reference to the exception to that Act that is contained in clause 31(3).

Part 2 Child harm prevention orders Clause 44 states the purpose of Part 2.

Part 2 aims to enhance the safety of children by imposing restrictions on persons who pose a 20 Vulnerable Children Bill Explanatory note high risk of causing serious harm to them.

It is not a purpose of Part 2 to punish persons subject to orders made under that part.
Clause 45 sets out the principles to which a person or court exercising a power under Part 2 must have regard.

This includes the principles that— • orders under Part 2 are for the sole purpose of reducing the risk of harm to children; and orders should only be imposed on a person who presents a high risk of causing serious harm to a child or children.

• Clause 46 provides that Part 2 binds the Crown.

Clause 47 defines terms used in Part 2.


Subpart 1—Imposition and review of child harm prevention orders Application for child harm prevention order Clause 48 provides that an application for a child harm prevention order may be made by the Commissioner of Police, the Chief Ex- ecutive of the Ministry of Social Development, and, in certain cir- cumstances, the Chief Executive of the Department of Corrections.
Subclause (4) provides that an application may only be made against a person who has been convicted of a qualifying offence or who the applicant believes, on reasonable grounds, has committed a qualify- ing offence.

In addition, the applicant must believe that the person against whom the application is made poses a high risk of commit- ting further qualifying offences and that those offences, if committed, would cause serious harm to a child or children.
Clause 49 sets out the details that must be stated in an application for a child harm prevention order.

Clause 50 requires the applicant for a child harm prevention order to consult other agencies (as applicable).

Clause 51 provides that the application for a child harm prevention order must be made to a District Court, unless the circumstances in subclause (2) apply.
Clause 52 provides that an application for a child harm prevention order must be accompanied by a report by a psychologist that as- sesses the risk posed by the respondent.

Explanatory note Vulnerable Children Bill 21 Clause 53 requires that the court must, before making a child harm prevention order, obtain a second report regarding the risk posed by the respondent.
The second report must be prepared by a health as- sessor nominated by the respondent (or, if the respondent fails to nominate a health assessor, by the court).

Clause 54 requires the applicant for a child harm prevention order to give victims of the respondent an opportunity to provide information that may be relevant to the risk posed by the respondent.
The appli- cant must provide information supplied by victims to the psycholo- gist or health assessor who is preparing a report on the risk posed by the respondent.
Imposition of child harm prevention order Clause 55 provides that a court may make a child harm prevention order against a person if the person has been convicted of a qualify- ing offence or if the court finds, on the balance of probabilities, that the person has committed a qualifying offence (whether or not that conduct has been the subject of legal proceedings).
Subclause (2) provides that the court may only make an order against a person if the person poses a high risk of committing 1 or more qualifying of- fences and if those offences, if committed, will cause serious harm to a child or children.

Clause 56 sets out the matters that the court must consider in deter- mining the risk to children posed by the respondent.

Clause 57 prescribes the form of a child harm prevention order.
Clause 58 provides that the terms of a child harm prevention order include a requirement that the person subject to the order advise the Police of their name and address and any change to their name or address.

Subclause (2) provides that a child harm prevention order may impose any of the listed terms, or any similar terms, that the court considers reasonably necessary to mitigate the risk posed by the person subject to the order.
The terms that the court may impose include preventing the person from living or working with any spe- cified child, children, or class of children, or with any children.
Clause 59 provides that, when deciding whether to impose a child harm prevention order, or the terms that an order should impose, a court may receive as evidence statements from the transcript of a criminal trial in which the respondent was proceeded against in re- 22 Vulnerable Children Bill Explanatory note spect of a qualifying offence.
This clause is subject to clause 77, which requires a procedure to be followed if evidence from a crim- inal trial is to be considered in a proceeding relating to a child harm prevention order against the defendant.

The procedure includes pro- viding notice to the defendant before the trial that, in the event that the criminal trial ends in an acquittal, the evidence presented at the trial may be considered in a proceeding relating to a child harm pre- vention order.
Subclause (4) provides an exception to this require- ment for evidence presented during a criminal trial by a victim of the respondent.

A victim’s evidence may be considered in a proceeding relating to a child harm prevention order whether or not the proced- ure in clause 77 has been followed.

Clause 60 provides that a failure to comply with the terms of a child harm prevention order is an offence, with a maximum penalty of 2 years in prison.
Clause 61 sets out when a child harm prevention order commences and expires.

Clause 62 allows the court, in the event that an order is made, to direct an applicant for a child harm prevention order to notify certain persons or organisations of the existence of the order and the name and address of the person subject to the order.

Subclause (2) prevents the court from making such a direction unless the court believes that it is necessary to mitigate the risk posed by the respondent.
Clause 63 provides that the court may make an interim order if an application has been made for an order or the court has been notified of the intention to apply for an order.

An interim order may apply for up to 3 months.

Review by review panel Clause 64 requires child harm prevention orders to be reviewed annu- ally by a review panel, established by clause 88, which must review the continuing justification for the order and the terms imposed by the order.
Clause 65 requires the review panel to take all reasonable steps to provide the information on which a decision of the panel will be based to the person subject to the child harm prevention order under review.

The clause contains procedural safeguards to protect victims Explanatory note Vulnerable Children Bill 23 of the person subject to the order and to prevent any publication of information provided by the panel.
Clause 66 sets out the decisions that may be made by the review panel when it reviews a child harm prevention order.

The review panel may cancel or modify any term of the order or direct the Commissioner of Police to apply to the court for a review of the order.

Clause 67 allows the person subject to the order or the chief executive of the monitoring agency specified in the order to appeal to a District Court (or in certain circumstances, the High Court) against a decision of the review panel.
Clause 68 provides that, on an appeal against a review panel decision, the court may cancel the child harm prevention order to which the decision relates, cancel or modify any term of the order, or impose any other term.

Review by court Clause 69 requires the Commissioner to apply to the court for a re- view of a child harm prevention order within 3 years after it is made and within each subsequent 3-year period.
The Commissioner must also apply to the court for a review whenever directed to do so by the review panel under clause 60.

Subpart 2—Procedural matters Procedure governing applications to court Clause 70 sets out the documents the applicant for a child harm pre- vention order must serve on the respondent to the application.
Clause 71 provides that the court may order a person to appear before a health assessor for the purpose of allowing the health assessor to prepare the report required by clause 46 or 47.
The court may only make an order if— • the person has been convicted of a qualifying offence or the court is satisfied that there are reasonable grounds to believe that the person has committed a qualifying offence; and the nature and seriousness of the offending, or alleged offend- ing, justifies an assessment of the risk posed by the respondent.
Clause 72 provides for the court to order that a person who fails to appear before a health assessor after being ordered to appear under • 24 Vulnerable Children Bill Explanatory note clause 71 may be detained for the purpose of enabling the health assessor to address the questions that must be addressed in the reports required under clauses 52 and 53.

Clause 73 allows the court to issue a summons requiring the respond- ent to an application for a child harm prevention order to attend a proceeding.
Clause 74 authorises the court to issue a warrant for a respondent to be brought before the court if the respondent fails to appear at a proceeding.

Clause 75 authorises the court to summon witnesses to attend pro- ceedings relating to child harm prevention orders.

Evidence Clause 76 provides for the admissibility, in proceedings under Part 2, of relevant matters that would otherwise be inadmissible.
However, in determining whether, on the balance of probabilities, a respondent to an application for a child harm prevention order committed an offence, the court may only receive evidence that is admissible under the Evidence Act 2006.
Clause 77 prescribes the procedure that must be followed before the court may consider, in a proceeding relating to a child harm preven- tion order, evidence presented during a criminal trial in which the respondent was proceeded against in respect of a qualifying offence, but was not convicted.
Subclause (2) provides that the Commissioner of Police or the Chief Executive of the Ministry of Social Develop- ment must, before the criminal trial, provide notice to the defendant stating that 1 or more offences with which the defendant is charged is a qualifying offence and that, if the trial ends in an acquittal, the Commissioner or the chief executive is likely to apply for a child harm prevention order against the defendant.
The notice must also state that the evidence presented during the trial may be considered by the court in determining— • whether, on the balance of probabilities, the defendant com- mitted a qualifying offence; and whether the defendant poses a high risk of committing 1 or more qualifying offences; and whether those offences, if committed, would cause serious harm to a child or children; and • • Explanatory note Vulnerable Children Bill 25 the terms of any child harm prevention order.
• Clause 78 provides that the court may determine whether proceed- ings relating to child harm prevention orders are held in closed or open court, but must not exclude members of the media from any proceeding.

Clause 79 authorises the court to make an order forbidding publica- tion of any report of the evidence or submissions made in any pro- ceeding under this Part.
An order forbidding publication may only be made on one of the grounds set out in subclause (2), including that publication would be likely to cause undue hardship to any victim of the respondent or endanger the safety of any person.

Clause 80 authorises the court, in certain circumstances, to forbid publication of the name of the respondent to an application for a child harm prevention order, or a person subject to an order.
Clause 81 provides for the automatic suppression of the identity of a child who is— (a) a victim of a respondent to an application for a child harm prevention order; or a victim of a person subject to a child harm prevention order; or a witness in any proceeding under this Part.
(c) Clause 82 provides for the automatic suppression of the identity of the respondent to an application for a child harm prevention order, or a person subject to an order, where a qualifying offence on which the application or order is based is incest or sexual conduct with a dependent family member.
(b) Procedure governing reviews by review panel Clause 83 allows the chairperson of the review panel to issue a sum- mons requiring the person subject to a child harm prevention order to attend a review panel hearing at a specified time or date.

Clause 84 allows the review panel to issue a summons to any person to appear as a witness at a meeting of the panel and to bring with him or her any document or thing specified in the summons.
Clause 85 prescribes the manner in which a summons under clause 83 or 84 may be served.

26 Vulnerable Children Bill Explanatory note Clause 86 provides that a witness summoned to a review panel hear- ing has the same privileges and immunities as a witness in a court of law.

Clause 87 provides that a person commits an offence if the person fails to attend or give evidence in accordance with a summons served under clause 85. Review panel Clause 88 establishes the review panel.
The review panel consists of 6 members, who must include at least 2 health assessors, that is, psychiatrists or psychologists, and at least 4 persons with experience in the operation of the New Zealand Parole Board.

The members are appointed by the Minister of Justice.

Before the Minister of Justice appoints a person as a member, the Minister of Justice must be sat- isfied that the person has experience and expertise in assessing the potential for individuals to pose a high risk to public safety.
The re- view panel is chaired by a member who holds, or has held, office as a Judge.

Clause 89 relates to review panel hearings.

The clause requires a quorum of 3 members, who must include the chairperson or deputy chairperson, a health assessor, and a member with experience in the operation of the New Zealand Parole Board.

It also provides for the panel to regulate its own procedure.

Clause 90 provides that certain privileges applying to court proceed- ings also apply to review panel hearings.
Clause 91 allows for remote attendance at review panel hearings, if the panel agrees.

Clause 92 provides that a decision of the majority of members in attendance at a meeting is a decision of the review panel.

The clause also provides that the decision must be in writing and must include reasons for the decision.

Clause 93 provides that relevant evidence is admissible in a review panel hearing, whether or not it would be admissible in a court.
Clause 94 provides that the chairperson must require a panel member who is perceived as having bias for or against a person subject to a child harm prevention order to excuse him or herself from a meeting that relates to that person.

Explanatory note Vulnerable Children Bill 27 Clauses 95 to 97 provide for the term of appointment, remuneration, and immunity of members of the review panel.
Clause 98 makes a consequential amendment to the Search and Surveillance Act 2012 to provide that section 131 of that Act applies to clause 74(4).

Clause 99 amends the Legal Services Act 2011 to provide that, for the purposes of granting legal aid, an application for an interim order under clause 63, if made at the end of a criminal trial, is a criminal proceeding.
Part 3 Amendments to Acts Subpart 1—Amendments to Children, Young Persons, and Their Families Act 1989 Clause 100 states that subpart 1 amends the Children, Young Per- sons, and Their Families Act 1989 (the principal Act).

The provi- sions of this subpart come into force at different times (see clause 2).

Clause 101 inserts 3 new definitions into section 2 of the principal Act: • permanent caregiver is the term given to people often referred to as “home for life carers”.
These are people who are given the permanent care of a child or young person under either the principal Act or the Care of Children Act 2004, where the child or young person has previously been subject to a non-perman- ent care arrangement under the principal Act.
This definition is required because this subpart inserts new provisions relating to the financial assistance available to permanent caregivers: special guardian is the term used to describe a person, ap- pointed either as a sole or additional guardian under section 110 of the principal Act, who is appointed as special guardian under new section 113A: subsequent child means a child of a person described in new section 14(3), namely a person who either has been convicted of the murder, manslaughter, or infanticide of a child or young person, or has had the care of a child or young person perman- ently removed from him or her.
• • 28 Vulnerable Children Bill Explanatory note Principles Clauses 102 and 103 restructure and add to the hierarchy of prin- ciples set out in sections 5, 6, and 13 of the principal Act.

Sec- tion 5 sets out principles to guide any court or persons exercising powers under the Act.

Clause 102 adds a further principle to section 5, which requires a holistic approach to be taken.
Section 6 sets out the paramount consideration applying to the administration and ap- plication of the Act, which is the welfare and interests of the child.

This section is unchanged.

Section 13 then sets out principles to be applied when exercising powers relating to the care and protection of children and young persons.

The first principle, in paragraph (a), is that children or young persons must be protected from harm, have their rights upheld, and have their welfare promoted.
Clause 103 modifies section 13 to clarify that while the consideration in section 6 remains the paramount consideration, it is to be guided by the prin- ciple currently set out in paragraph (a).

The other principles set out in sections 5 and 13 then sit under the framework of the paramount consideration as guided by the principle that children and young per- sons need to be protected from harm and have their rights upheld.
Subsequent children Clause 104 amends section 14 of the principal Act in order to de- scribe when a subsequent child is in need of care or protection.

Sec- tion 14(1) sets out the grounds on which a child or young person is in need of care or protection.
A new paragraph (ba) inserts a new ground, which is that a subsequent child is in need of care or pro- tection if he or she is in the care or custody of a person described in new section 14(3), and that person has not demonstrated that he or she meets the requirements of new section 18A(2).
New section 14(3) describes a person who— • has been convicted of the murder, manslaughter, or infanticide of a child or young person in his or her care or custody; or has had a child or young person removed from him or her on a ground in section 14(1)(a) or (b), and there is no realistic possibility that the child or young person will be returned to the person’s care.
• Explanatory note Vulnerable Children Bill 29 The requirements of new section 18A(2) are that,— • if the parent’s own conduct led to him or her being a person described in new section 14(3), the parent is unlikely to inflict on the subsequent child the kind of harm that led to the parent being so described; or in any other case, the parent is unlikely to allow the kind of harm that led to the parent being a person described in new section 14(3) to be inflicted on the subsequent child.
• For example, if a child or young person has been permanently re- moved from the care of a person because of that person’s abuse of the child or young person, a subsequent child of the person will be in need of care and protection unless the person has demonstrated that he or she is unlikely to abuse that subsequent child.

New subsection (5) addresses the complication of where the person fits more than 1 limb of the description under section 14(3).
Clause 105 makes a consequential amendment to section 18.

Clause 106 inserts 4 new sections that deal specifically with subse- quent children who may be in need of care or protection.

New section 18A requires a social worker (except in certain cases) to undertake an assessment of whether a person described in section 14(3) meets the requirements set out in new section 18(2), which are set out above.
Following an assessment, the social worker must decide either to apply under section 67 for a declaration that the child is in need of care or protection on the ground set out in new section 14(1)(ba), or decide not to make such an application.

New section 18B requires that, following a decision under new sec- tion 18A, a social worker must either apply to the court for a declar- ation under section 67 or apply for confirmation of the decision not to apply.
No family group conference is required before either such application.

New section 18C sets out the process and considerations relating to an application for confirmation of a decision not to apply for a declar- ation under section 67.

Following consideration of the application, the court may confirm the decision, decline to confirm it, or adjourn in order to seek more information or a reconsideration of the social worker’s assessment and decision.
30 Vulnerable Children Bill Explanatory note New section 18D provides that if the court declines to confirm the application, the application must be treated as an application by the chief executive for a declaration under section 67 (that is, that the child is in need of care or protection) on the ground in new section 14(1)(ba).

Clause 107 makes a consequential amendment to section 19.
Family group conferences Clause 108 amends section 22 of the principal Act, which identifies the people entitled to attend a family group conference.

It adds a new subsection (3) that clarifies that at a family group conference to review a decision, recommendation, or plan, any person who was entitled to attend the original conference may attend (and not just those who actually attended it).

Clause 109 amends section 23 of the principal Act.


It clarifies that the advice to be made available at a family group conference is the advice that the care and protection co-ordinator considers is required, and should include information relating to the health and education needs of the relevant child or young person.

Clause 110 inserts a new section 29A into the principal Act.
This sets out standard requirements for the content of plans prepared by family group conferences, including a requirement for the plan to identify a review date.

Clauses 111 and 112 amend sections 34 and 35, which require the chief executive and the Police, respectively, to give effect to deci- sions, recommendations, and plans of a family group conference.

One of the grounds on which the chief executive or the Police can decline to do so is that it is “clearly impracticable”.
The amendment changes this test to one where the chief executive or Police (as ap- propriate) considers that it is impracticable or unreasonable to do so.

Clause 113 amends section 36 of the principal Act, which is about the reconvening of family group conferences.

It replaces subsection (1) with 3 new subsections that set out the circumstances in which a conference must or may be reconvened.
Subsequent children Clause 114 amends section 67 of the principal Act, which provides for a declaration by a Family Court that a child or young person is in Explanatory note Vulnerable Children Bill 31 need of care or protection on a ground in section 14(1).
The amend- ment inserts a new subsection (2) which provides that, in relation to a subsequent child, the court must make a declaration if the application is on the new ground in new section 14(1)(ba) unless the court is sat- isfied that the parent meets the requirements of new section 18A(2).

Permanent caregivers Clause 115 inserts a new section 86B into the principal Act, concern- ing services orders.
Services orders may be made under section 86 granting assistance to persons who have the care of a child or young person, or to children or young persons themselves, in certain circum- stances.

New section 86B provides that these orders are not available in respect of permanent caregivers.

This is because financial assist- ance will be available instead under section 389 (see clauses 132 and 133).
Special guardians Clause 116 amends section 107, which authorises the person in whose custody a child or young person is placed to determine, in the absence of a court order of a specified kind, whether, and on what terms and conditions (if any), any person is to have access to the child or young person.

The amendment inserts a reference to court orders under new section 113B(1)(b) inserted by clause 118.

Clause 117 replaces section 110 of the principal Act and inserts a section 110A.
Under existing section 110, various people can be ap- pointed as a sole guardian or an additional guardian of a child or young person.

The replacement section recasts the section to include references to new section 110A and also to provide that if a natural person is appointed as a guardian, the court may also make an order under new section 113A appointing the person as a special guardian.
New section 110A provides for when a person appointed as a guardian under the Care of Children Act 2004 wants instead to be appointed as a special guardian under new section 113A.

This is likely to be relatively unusual.

The section describes when and how this may be done, and the consequences of the change.

Clause 118 inserts new sections 113A and 113B into the principal Act.

New section 113A provides for the appointment of a guardian or a child or young person as a special guardian.
The order is for 32 Vulnerable Children Bill Explanatory note • • • the purpose of providing the child or young person with a long-term, safe, nurturing, stable, and secure environment.

Special guardians are permanent caregivers.

New section 113B sets out the effect of a special guardianship order.
This includes the following: • • the special guardian has custody of the child or young person: the order must specify whether any existing guardian has ac- cess to the child or young person and, if so, on what terms and conditions: the plans prepared for the court in relation to the child or young person do not have to be regularly reviewed: the order ceases to have effect when the child or young person turns 18 (instead of 20) or earlier marries or enters into a civil union: if the special guardian is an additional guardian, the order must specify which guardianship rights are held exclusively by the special guardian and which are shared with the other guardian(s): other guardians have rights to receive certain information.
• Clause 119 amends section 125 of the principal Act by providing that applications for the discharge or variation of a special guardianship order may be made only with the leave of the court, and setting out the grounds for leave.

Clause 120 makes a consequential amendment to section 128 of the principal Act.
Plans and agreements Clause 121 amends section 130 of the principal Act, which is about the contents of plans prepared under section 128 before a court makes certain orders relating to a child or young person.

The amendments insert requirements relating to people who have had, but no longer have, the care of a child or young person.

It requires them to identify specific responsibilities, objectives, and steps, and the time frame within which those steps must be taken.
It also requires the plan to specify a time within which a decision on whether to return the child or young person to their care will be made.

Explanatory note Vulnerable Children Bill 33 Clause 122 replaces section 135(4) of the principal Act, which is about when a care and protection co-ordinator may convene a family group conference to review a plan.
It modifies the provision so that a conference must be convened if requested, unless the plan relates only to a services order, in which case the care and protection co-or- dinator has a discretion whether to convene a conference.

Clause 123 amends section 140 of the principal Act, which is about when a child or young person may be placed in the long-term care of another person.
It allows for young people aged 15 years or more to be placed in the care of a person for the purpose of assisting the young person to achieve independence.

Clause 124 amends section 141 of the principal Act, which is about the extended care of severely disabled children and young persons.

It reduces, from 2 years to 1 year, the maximum period of any agree- ment to place such a child or young person in the care of an organ- isation or body.
It reduces the period for which an agreement may be extended from 2 years to 1 year.

These changes do not affect existing agreements until they come up for review.

Clause 125 amends section 145 of the principal Act, which provides that agreements under sections 140, 141, and 142 (which provide for care outside a child’s or young person’s own home) cannot be made unless certain preconditions are met, including the agreement of a family group conference.
The amendment inserts a further require- ment that the family group conference must thoroughly explore what services and supports are available to or in respect of the child or young person in his or her home environment.

It also provides that a family group conference must be convened before entering into an agreement of the sort provided for in clause 123, for a person to move into care for the purpose of assisting him or her to achieve independ- ence.
Clause 126 makes consequential amendments to section 147.

Reports by social workers Clause 127 amends section 186 of the principal Act, which provides for reports from a social worker to be provided to a court when the court has made a declaration under section 67 and before the court makes certain orders.

The amendments clarify the circumstances in It which a report must be obtained, and when it is discretionary.
34 Vulnerable Children Bill Explanatory note also requires such reports to expressly address the likelihood of the child or young person to whom it relates being returned to the care of the person who had the care of the child or young person before the declaration under section 67 was made.

Related amendments to youth justice provisions Clause 128 makes a consequential amendment to section 261.
Clause 129 makes equivalent amendments to section 268 of the prin- cipal Act as are made by clauses 111 and 112 to sections 34 and 35 of the principal Act.

Clause 130 makes equivalent amendments to section 270 of the prin- cipal Act as are made by clause 113 to section 36 of the principal Act.

Achieving independence Clause 131 inserts a new section 386A into the principal Act.
It pro- vides for advice and assistance (including financial assistance) to be given to persons aged 15 to 20 as they move from certain kinds of care and custody into independence.

Permanent caregivers Clause 132 amends section 389 of the principal Act, under which the chief executive may grant financial and other assistance in cer- tain cases.

The amendment provides that financial assistance must be granted to a permanent caregiver under this section in the circum- stances set out in new subclause (2).
Those circumstances include the care and protection needs, or the extraordinary health, education, or developmental needs, of a child or young person, and the financial needs being greater than it is reasonable for the permanent caregiver to meet.

The chief executive’s decision must be guided by any writ- ten general or special directions given by the Minister.
New section 389(2)(e) allows the Minister to issue a direction in writing to the chief executive regarding the provision of financial assistance to per- manent caregivers of a child or young person who has been placed in out-of-home care under the principal Act.
A direction of this kind must be published in the Gazette(and is not a legislative instrument for the purposes of the Legislation Act 2012, but is a disallowable instrument for the purposes of the Legislation Act 2012) and must be presented to the House of Representatives under section 41 of Explanatory note Vulnerable Children Bill 35 that Act.
Directions of this kind are appropriately published in the Gazette because they relate to relatively detailed, technical matters that are not subject to criminal sanctions, and the directions will af- fect only a small, narrowly defined group (permanent caregivers), rather than the public at large.

Clause 133 inserts 2 new sections providing for a review of, and appeal against, a decision on whether to grant financial assistance under the new provision in section 389.
New section 389A provides for an internal review of such a decision.

New section 389B provides for an appeal to the Family Court against a decision.

An appeal may be lodged only after an internal review has been completed, or if the review is not completed within 3 months after it is applied for.

Appointments outside State Sector Act 1988 Clause 134 amends section 423 of the principal Act, which is about the appointment of care and protection co-ordinators.
At present, care and protection co-ordinators are required to be appointed under the State Sector Act 1988.

Under the amendment, employees of iwi social services, cultural social services, and directors of child and family support services may be appointed as care and protec- tion co-ordinators.

The amendments provide that such appointments must be for no more than a term of 3 years, but are renewable.

They set out when an appointment may be cancelled.


They require that ap- pointees perform their duties independently of their employers, but must have regard to guidance issued by the chief executive relating to care and protection co-ordinators.

Clause 135 amends section 425 of the principal Act, which is about the appointment of youth justice co-ordinators, in an equivalent way to the amendments made by clause 134.
Clause 136 amends section 427 of the principal Act, which enables a care and protection co-ordinator or youth justice co-ordinator to dele- gate functions or powers to a social worker with suitable training or experience for that purpose.
New section 427(1A) ensures that the power of delegation does not apply to a care and protection co-or- dinator, or to a youth justice co-ordinator, who is an employee of an iwi social service, a cultural social service, or the director of a child and family support service.
36 Vulnerable Children Bill Explanatory note Related amendment to Care of Children Act 2004 Clause 137 amends the Care of Children Act 2004 to provide for the revocation of a guardianship order, and the discharge or parenting orders, made under that Act where an application under new section 110A of the Children, Young Persons, and Their Families Act 1989 is made.

Subpart 2—Amendments to KiwiSaver Act 2006 Clause 138 indicates the principal Act amended by subpart 2: the KiwiSaver Act 2006.
Clause 139 amends section 4(1), which relates to interpretation.

One amendment ensures that a guardian as defined in section 4(1) has the same meaning as in (and so includes a person who is a guardian by virtue of) the Care of Children Act 2004, but excludes a CYPFA guardian.
The other amendment ensures that section 4(1) defines a CYPFA guardian of a person as any other person— • appointed by an order under section 110(1)(a) to (d) of the Children, Young Persons, and Their Families Act 1989 as the sole guardian, or as a guardian of the person in addition to any other guardians (whether or not guardians by virtue of that Act), of the person; or whose sole guardianship of the person arises under section 119 of that Act (about the death of a guardian appointed under section 110(1)(e) of that Act who, on his or her death, was the person’s sole guardian).
• Clause 140 amends section 35, which relates to opting into member- ship of a KiwiSaver scheme by persons under 18 years old.

Clause 140(1) amends section 35(3), which enables a person who is 16 or 17 years old with a guardian (as defined in section 4(1)) to opt in if the person and 1 of their guardians jointly contract directly with a provider, in the name of the person.
The amendments ensure that section 35(3) applies not only to 1 of the person’s guardians, but also to 1 of the person’s CYPFA guardians (as defined in section 4(1)).

Clause 140(2) inserts new section 35(5) and (6).

New section 35(5) relates to a person who is less than 16 years old with a CYPFA guardian.
New section 35(5) enables the person to opt Explanatory note Vulnerable Children Bill 37 in if the CYPFA guardian while his or her guardianship of the person has effect (and independently from the person, and from all other, if any, CYPFA guardians, guardians, or both, of the person) contracts directly with a provider, in the name of the person.
If the provider accepts the person, then the person is treated as–– contracting directly with the provider; and • 18 years for the purposes of the Minors’ Contracts Act 1969; • and opting in under section 34(1)(a).

• New section 35(6) applies if a person who is less than 16 years old with a CYPFA guardian is a member of a KiwiSaver scheme (whether opted into before or while the CYPFA guardian’s guardian- ship has effect).
New section 35(6) makes it clear that the CYPFA guardian has for the purposes of the KiwiSaver Act 2006, while the CYPFA guardian’s guardianship has effect, authority (instead of all guardians, if any, of the person, and independently from the person, and from all other, if any, CYPFA guardians of the person) to make decisions (for example, voluntary transfer decisions), or to take other steps, in respect of the person’s membership of the scheme.
Clause 141 amends consequentially sections 2(1) and 390 of the Children, Young Persons, and Their Families Act 1989.

In section 2(1), the definition of guardianship is amended to make it clear that a guardian includes, without limitation, a person who is a guardian by virtue of that Act.

Section 390 gives specified guardians power to control the finances of young persons under guardianship or in custody.
Section 390(1)(a) and (b) are amended to make it clear that the specified guardians— may opt in to a KiwiSaver scheme in the name of the young • person under section 35(3) or new section 35(5) of the Kiwi- Saver Act 2006; and can pay or arrange for the payment or crediting of the whole or any part of the earnings or other income of that young person into any KiwiSaver scheme (whenever it was opted into) of which the young person is a member.
• New section 390(4) ensures that section 390(2) and (3) (about op- eration of, and payments out of, bank accounts opened under sec- tion 390(1)) does not apply to, or to money (to be paid out only in accordance with the KiwiSaver Act 2006) standing to the young per- 38 Vulnerable Children Bill Explanatory note son’s credit in, a KiwiSaver scheme of which the young person is a member, and does not limit or affect new section 35(6) of the Kiwi- Saver Act 2006 (as inserted by clause 140(2)).
New section 35(6) au- thorises specified CYPFA guardians to make decisions or take steps in respect of a KiwiSaver scheme membership of a person younger than 16 years.

Schedule 1 lists the activities that, for the purposes of the children’s worker safety-checking provisions in subpart 3 of Part 1, are regu- lated activities.

Schedule 2 lists the specified offences for the purposes of the same subpart.

Schedule 3 lists qualifying offences for the purposes of Part 2.
Hon Paula Bennett Vulnerable Children Bill Government Bill Contents Title Commencement Part 1 Cross-agency measures Part binds the Crown Subpart 1—Government priorities for vulnerable children and vulnerable children’s plan Purpose of this subpart Interpretation Improving the well-being of vulnerable children Government priorities for vulnerable children Preparation of vulnerable children’s plan Content of vulnerable children’s plan Duration of vulnerable children’s plan Effect of vulnerable children’s plan Review and amendment or replacement of plan Accountabilities Subpart 2—Child protection policies Purpose of this subpart Interpretation Prescribed State services to adopt, report on, and require child protection policies DHBs boards to adopt, report on, and require child protection policies 150—1 Page 8 8 9 9 9 10 11 11 12 12 12 13 13 14 14 16 17 1 Vulnerable Children Bill School boards to adopt and require child protection policies Content of child protection policy Effect of child protection policy Subpart 3—Children’s worker safety checking Purpose of this subpart Application to Crown Interpretation Specified organisation defined Obligations of specified organisations Safety checks of new children’s workers Safety checks of existing children’s workers Periodic safety checks of children’s workers Core worker convicted of specified offence not to be employed or engaged Defences Defence of taking all reasonable steps Defence relating to short-term emergencies Requirements of safety checks Safety checks Regulations Regulations prescribing requirements for safety checks Other regulations Exemption for workers convicted of specified offence Exemption for certain individuals Application for exemption Revocation of exemption Appeal against decision not to grant, or to revoke, exemption Monitoring compliance Requirement to provide information to chief executives Miscellaneous Approval of screening services Prosecution of offences Consequential amendments to other enactments
 Amendments to Crown Organisations (Criminal Liability) Act Vulnerable Children Bill Amendment to Sentencing Act 2002 Amendment to Criminal Records (Clean Slate) Act 2004 Part 2 Child harm prevention orders Purpose Principles Part binds the Crown Interpretation Subpart 1—Imposition and review of child harm prevention orders Application for child harm prevention order Application for child harm prevention order Contents of application Requirement to consult on application for child harm prevention order Court to which application must be made Report by psychologist Court must obtain independent report Victims must be given opportunity to contribute to reports Imposition of child harm prevention order Court may make child harm prevention order Matters court must consider in determining risk posed by respondent Form of order Child harm prevention order may impose terms Court may receive transcript of criminal trial as evidence Offence to breach terms of child harm prevention order Commencement and expiry of order Court may make directions in relation to child harm prevention order Court may make interim order Review by review panel Review of child harm prevention order by review panel Review panel to provide information to person subject to order Review panel decisions Appeal to court against review panel decision Powers of court on appeal Vulnerable Children Bill Review by court 69 Review by court of child harm prevention order Subpart 2—Procedural matters Procedure governing applications to court Service of applications Court may order person to appear before health assessor Court may order interim detention of person to allow health assessor to prepare report
 Issue of summons to attend proceedings Respondent who fails to appear may be brought to court Issue of summons to witness Evidence Evidence in proceedings under this Part Procedure if evidence in trial to be considered in determining application Court may determine whether proceedings are held in closed or open court Court may suppress evidence and submissions Court may suppress identity of respondent or person subject to order Automatic suppression of identity of victims and witnesses Automatic suppression of identity of respondent, or person subject to order, in certain cases Procedure governing reviews by review panel Issue of summons to attend review hearing Issue of summons to witness Service of summons Protection of witnesses Offences Review panel Establishment and constitution of review panel Review hearings Application of privileges to review hearings Attendance at review hearings Decisions of review panel Information before review panel Avoiding actual or perceived bias Term of appointment, and reappointment Remuneration and expenses of members Vulnerable Children Bill 97 98 99 Immunity of members Search and Surveillance Act 2012 amended Legal Services Act 2011 amended Part 3 Amendments to Acts Subpart 1—Amendments to Children, Young Persons, and Their Families Act 1989 Principal Act Section 2 amended (Interpretation) Principles Section 5 amended (Principles to be applied in exercise of powers conferred by this Act) Section 13 amended (Principles) Subsequent children Section 14 amended (Definition of child or young person in need of care or protection) Section 18 amended (Referral of care or protection cases to care and protection co-ordinator or youth justice co-ordinator by social workers or constables) New sections 18A to 18D inserted 18A 18B Assessment of person described in section
 14(3) Application to court in relation to person described in section 14(3) Confirmation of decision not to apply for declaration under section 67 Court declining to confirm decision 18D Section 19 amended (Referral of care or protection cases to care and protection co-ordinator by other persons or by court) 18C Family group conferences Section 22 amended (Persons entitled to attend family group conference) Section 23 amended (Care and protection co-ordinator to ensure that relevant information and advice made available to family group conference) New section 29A inserted (Content of plan) 29A Content of plan Vulnerable Children Bill Section 34 amended (Chief executive to give effect to decisions, recommendations, and plans of family group conference) Section 35 amended (Police to comply with decisions, recommendations, and plans of family group conference) Section 36 amended (Family group conference may reconvene to review its decisions, recommendations, and plans) Subsequent children Section 67 amended (Grounds for declaration that child or young person is in need of care or protection) Permanent caregivers New section 86B inserted (No services orders in respect of permanent caregivers) 86B No services orders in respect of permanent caregivers Guardianship orders Special guardians Section 107 amended (Person in whose custody child or young person is placed may determine access rights in absence of court order) Section 110 replaced (Guardianship orders) 110 110A Application for change of guardianship order New sections 113A and 113B inserted 113A Special guardianship orders 113B Effect of special guardianship order Section 125 amended (Application for variation or discharge of orders made under this Part) Section 128 amended (Court to obtain and consider plan for child or young person before making certain orders) Plans and agreements Section 130 amended
 (Content of plans) Section 135 amended (Review of plan) Section 140 amended (Agreements for extended care of children and young persons by chief executive, iwi social service, etc) Section 141 amended (Agreements for extended care of severely disabled children and young persons) Vulnerable Children Bill 125 126 Section 145 amended (Agreement not to be made without approval of family group conference) Section 147 amended (Further restrictions on making agreements) 127 Section 186 amended (Report by social worker) Reports by social workers 128 129 130 Related amendments to youth justice provisions Section 261 amended (Family group conference may make decisions, recommendations, and plans relating to care or protection of child or young person) Section 268 amended (Chief executive to give effect to decisions, recommendations, and plans of family group conference) Section 270 amended (Family group conference may reconvene to review its decisions, recommendations, and plans) 131 New section 386A and cross-heading inserted Achieving independence Transition from care to independence 386A Advice and assistance for people moving from care to independence Permanent caregivers Section 389 amended (Financial and other assistance in other cases) New sections 389A and 389B inserted 389A Review of decisions about financial assistance to permanent caregivers 389B Appeal against decisions about financial assistance to permanent caregivers Appointments outside State Sector Act 1988 Section 423 amended (Appointment of care and protection co-ordinators) Section 425 amended (Appointment of youth justice co-ordinators) Section 427 amended (Delegation of functions of care and protection co-ordinator or youth justice co-ordinator to social worker) 132 133 134 135 136 74 75 75 77 77 77 78 78 80 80 80 81 82 83 84 7 cl 1 137 138 139 140 141 Vulnerable Children Bill Related
 amendment to Care of Children Act 2004 Amendment to Care of Children Act 2004 29A Revocation of appointment as guardian Subpart 2—Amendments to KiwiSaver Act 2006 Principal Act Section 4 amended (Interpretation) Section 35 amended (Opting in by persons under 18) Children, Young Persons, and Their Families Act 1989 amended Schedule 1 Regulated activities Schedule 2 Specified offences Schedule 3 Qualifying offences 84 84 85 85 85 86 87 88 90 The Parliament of New Zealand enacts as follows: 1 2 (1) (2) Title This Act is the Vulnerable Children Act 2013.
Commencement This Act comes into force on the day after the date on which it 5 receives the Royal assent, except as provided in subsections (2) and (3).

The following provisions come into force on a date or dates to be appointed by the Governor-General by Order in Coun- cil, and 1 or more Orders in Council may be made appointing 10 different dates for different provisions: (a) (b) (c) section 18 and subpart 3 of Part 1: Part 2: in subpart 1 of Part 3, sections 104 to 110, 113 to 123, and 130 to 136.
15 (3) Any provision not brought into force earlier comes into force 2 years after the date on which this Act receives the Royal assent.

8 3 (1) (2) 4 5 (1) Vulnerable Children Bill Part 1 cl 5 Part 1 Cross-agency measures Part binds the Crown This Part binds the Crown.
Subsection (1) is subject to section 11 (effect of vulnerable 5 children’s plan), section 20 (effect of child protection pol- icy), and section 22 (application to Crown Organisations for offences relating to safety checking of children’s workers).
Subpart 1—Government priorities for vulnerable children and vulnerable children’s plan Purpose of this subpart The purpose of this subpart is to— (a) support the Government’s setting of priorities for im- proving the well-being of vulnerable children; and ensure that children’s agencies work together to im- prove the well-being of vulnerable children.
(b) 10 15 20 is under the age of 18 years; and is not married or in a civil union Interpretation In this subpart, unless the context otherwise requires,— child means a person who— (a) (b) children’s agencies mean those departments of State or instru- ments of the Crown that are, with the authority of the Prime Minister, for the time being responsible (alone, or with 1 or 25 more other departments or instruments) for the administration of all or any provisions of 1 or more the following Acts: (a) (b) (c) (d) (e) (f) Children, Young Persons, and Their Families Act 1989: Education Act 1989: New Zealand Public Health and Disability Act 2000: Policing Act 2008: Sentencing Act 2002: any other Act or Acts for the time being prescribed under subsection (2) 30 9 Part 1 cl 6 Vulnerable Children Bill children’s Ministers means the Ministers of the Crown who for the time being— (a) have relevant portfolio responsibilities for 1 or more of the children’s agencies (but excluding all related Asso- ciate Ministers of the Crown, if any); or are designated by the Prime Minister as children’s Min- isters for the purpose of this subpart (b) 5 10 responsible Minister means the Minister of the Crown for the time being designated by the Prime Minister as the responsible Minister for the purpose of this subpart vulnerable children means children of the kind or kinds (that may be or, as the case requires, have been and are currently) identified as vulnerable in the setting of Government priorities under section 7 vulnerable children’s plan means the plan prepared, ap- 15 proved, published, and from time to time amended or replaced, under this subpart.
The Governor-General may, by Order in Council, prescribe any other Act or Acts for the purposes of paragraph (f) of the definition of children’s agencies in subsection (1).
20 Improving the well-being of vulnerable children In this subpart, improving the well-being of vulnerable children, in relation to the setting of Government priorities under section 7 and the preparation of the vulnerable chil- dren’s plan under section 8, means promoting the best inter- 25 ests of vulnerable children (having regard to the whole of their lives), including (without limitation) taking measures aimed at— (a) (b) protecting them from abuse and neglect: improving their physical and mental health and their 30 cultural and emotional well-being: improving their education and training and their partici- pation in recreation and cultural activities: strengthening their connection to their families, whā- nau, hapū, and iwi, or other culturally recognised fam- 35 ily group: increasing their participation in decision making about them, and their contribution to society: (c) (d) (e) (2) 6 10 Vulnerable Children Bill Part 1 cl 8 (f) improving their social and economic well-being.
(2) 7 (1) Government priorities for vulnerable children The responsible Minister may from time to time, after con- sulting the children’s Ministers, set Government priorities for improving the well-being of vulnerable children.

Priorities, and changes to priorities, set under this section must be set, or as soon as practicable recorded, in writing.
(3) An instrument recording priorities set or changed under this section is neither a legislative instrument nor a disallowable instrument for the purposes of the Legislation Act 2012, and 10 does not have to be presented to the House of Representatives under section 41 of that Act.
5 8 (1) (2) (3) (4) Preparation of vulnerable children’s plan The chief executives of the children’s agencies must after pri- orities are set or changed under section 7 work together to 15 do both of the following no later than a date specified (under this subsection and, if applicable, section 12(1)(b)) by the responsible Minister: develop a draft vulnerable children’s plan; and (a) submit it to the responsible Minister for approval.
(b) The responsible Minister must, after consulting the children’s Ministers about the draft plan,— approve the draft plan; or (a) refer it to the chief executives of the children’s agencies (b) for reconsideration, together with the Minister’s reasons 25 for referring it back to the chief executives.
20 The chief executives, on receiving a referral under subsec- tion (2)(b), must reconsider the draft plan and, as soon as prac- ticable, submit a revised draft plan to the Minister for approval under subsection (1).
The vulnerable children’s plan must, after it is approved by the responsible Minister, be published (with, or without, any re- lated reports under subsection (1)(b))— (a) (b) in the Gazette; or by 1 or more other means of publication (for example, 35 on Internet sites maintained by or on behalf of children’s 30 11 Part 1 cl 9 Vulnerable Children Bill 9 10 agencies) each of which has been approved by the re- sponsible Minister and notified in the Gazette.
Content of vulnerable children’s plan The vulnerable children’s plan (and any draft of it) must set out steps that will be taken by chief executives of the chil- 5 dren’s agencies to work together to achieve the Government’s priorities for improving the well-being of vulnerable children.
Duration of vulnerable children’s plan The vulnerable children’s plan— (a) comes into effect on a date (after the date on which it is 10 approved) specified in it for the purpose; and continues in force until it is amended or replaced under section 12.
(b) Effect of vulnerable children’s plan 11 (1) Once the vulnerable children’s plan has come into effect, the 15 chief executive of each children’s agency must— (a) report (jointly with each of the other chief executives of the children’s agencies) to the responsible Minister, by a date in each year specified by the responsible Minister, on whether the agency has, or on the extent to which 20 the agency has, before that date (and after the periods covered by all earlier reports, if any, under this para- graph), implemented the plan while it has been in force; and ensure that a copy of every implementation report re- 25 quired by paragraph (a) is included in the agency’s next annual report (under section 43 of the Public Fi- nance Act 1989, section 101 of the Policing Act 2008, or another enactment) and is available on an Internet site maintained by or on behalf of the agency.
30 (b) The vulnerable children’s plan— (a) does not— (i) (ii) create legal rules; or create any legal right enforceable in a court of law; or 35 (2) 12 Vulnerable Children Bill Part 1 cl 13 (iii) (iv) affect or limit the way in which a chief executive or other person is required to exercise a statutory power of decision; or affect the interpretation of any enactment or the operation of a rule of law; and is neither a legislative instrument nor a disallowable in- strument for the purposes of the Legislation Act 2012, and does not have to be presented to the House of Rep- resentatives under section 41 of that Act.
(b) (3) Subsection (2) overrides section 13(1).
5 10 12 (1) Review and amendment or replacement of plan The chief executives of the children’s agencies must, working together,— (a) (ii) review the vulnerable children’s plan— (i) within 3 years of the date of its first approval 15 under section 8; and thereafter within 3 years of the date of each re- view of the plan under this section; and review the plan, within a time specified by the respon- sible Minister, if at any time the Government priorities 20 set from time to time under section 7 change.
(b) (2) When reviewing the vulnerable children’s plan, the chief ex- ecutives must— (a) (b) consider whether the plan is still consistent with current Government priorities set under section 7; and if the chief executives consider it appropriate, recom- mend to the responsible Minister that he or she— approve amendments to the plan; or (i) approve a new plan.

(ii) 25 (3) 13 (1) Section 8(2) and (3) applies with any necessary modifica- 30 tions.
Accountabilities For the purposes of the operation of the legislative and execu- tive branches of Government, in the setting and achieving of Government priorities in relation to vulnerable children, and 35 in any matter relating to the vulnerable children’s plan,— 13 Part 1 cl 14 Vulnerable Children Bill (a) (b) the responsible Minister is the Minister of the Crown who is accountable, both to Parliament and the Execu- tive; and the chief executive of each of the children’s agencies is accountable to the responsible Minister.
5 (2) Subsection (1)— (a) does not limit or affect— (i) (ii) (iii) section 11(2) of this Act; or the operation of the Public Finance Act 1989; or the independence of the Commissioner of Police 10 (as affirmed by sections 8(e) and 16(2) of the Policing Act 2008); but (b) overrides any contrary other law (for example, sec- tion 32 of the State Sector Act 1988).
(3) A duty, function, or power of the responsible Minister, or of 15 the chief executive of a children’s agency, is affected by this subpart only to the extent necessary to give effect to subsec- tion (1) (as overridden by section 11(2)).
Subpart 2—Child protection policies Purpose of this subpart The purpose of this subpart is to require child protection poli- cies (that must contain provisions on the identification and re- porting of child abuse and neglect) to be— (a) adopted and reported on by prescribed State services and DHBs boards; and adopted by school boards; and adopted by certain people with whom those services or boards enter into contracts or funding arrangements.
(b) (c) Interpretation In this subpart, unless the context otherwise requires,— board, in relation to a publicly-owned health and disability organisation that is a DHB, means the members of the board of that organisation (who number not less than the required quorum) acting together as a board 20 25 30 14 15 (1) 14 Vulnerable Children Bill Part 1 cl 15 child means a person who is— (a) (b) a child as defined in section 2(1) of the Children, Young Persons, and Their Families Act 1989 (because the per- son is a boy or girl under the age of 14 years); or a young person as defined in section 2(1) of the Chil- 5 dren, Young Persons, and Their Families Act 1989 (be- cause the person is— (i) a boy or girl of or over the age of 14 years but under 17 years; and not a person who is or has been married or in a 10 civil union) (ii) children’s services means services that are any of the follow- ing: (a) (b) (c) services provided to 1 or more children: services to adults in respect of 1 or more children: services provided to adults living in households that in- clude 1 or more children, and that— (i) do or may affect significantly any 1 or more as- pects of the well-being of those children; and are for the time being prescribed under subsec- 20 tion (2): (ii) 15 (d) services provided in respect of children that are for the time being prescribed under subsection (3) DHB means an organisation established as a DHB (that is to say, as a District Health Board) by or under section 19 of the 25 New Zealand Public Health and Disability Act 2000 independent person, in relation to a prescribed State service and its chief executive, a board of a DHB, or a school board, means a person who is neither of the following: (a) (b) a member of the board: an employee or officer of the service or its chief execu- tive, or the board 30 prescribed State service means each of the following: (a) (b) (c) (d) (e) (f) the Ministry of Business, Innovation, and Employment: the Ministry of Education: the Ministry of Health the Ministry of Justice: the
 Ministry of Maori Development: the Ministry of Social Development: 35 15 Part 1 cl 16 Vulnerable Children Bill (g) (h) the New Zealand Police: every other instrument for the time being prescribed under subsection (4) school board means a board or body that is— (a) a board as defined in section 60, and for the purposes 5 of Part 7 (control and management of State schools), of the Education Act 1989; or a sponsor of a partnership school kura hourua (as those terms are defined in section 2(1) of that Act).
(b) The Governor-General may, by Order in Council, prescribe, 10 for the purposes of paragraph (c)(ii) of the definition of chil- dren’s services in subsection (1), classes, descriptions, or kinds of services— (a) provided to adults living in households that include 1 or more children; and that do or may affect significantly any 1 or more aspects of the well-being of those children.
(b) 15 The Governor-General may, by Order in Council, prescribe, for the purposes of paragraph (d) of the definition of chil- dren’s services in subsection (1), classes, descriptions, or 20 kinds of services provided in respect of children.
The Governor-General may, by Order in Council, prescribe, for the purposes of paragraph (h) of the definition of pre- scribed State service in subsection (1), other instruments of the Crown in respect of the Government of New Zealand 25 (whether departments, corporations, agencies, or other instru- ments), being instruments of that kind that are neither— (a) (b) DHBs; nor school boards.
Prescribed State services to adopt, report on, and require child protection policies The chief executive of a prescribed State service must ensure that the service,— (a) if the service is or becomes a provider of children’s ser- vices,— (i) adopts, as soon as is practicable, a child protec- tion policy; and 30 35 (2) (3) (4) 16 16 Vulnerable Children Bill Part 1 cl 17 (ii) (iii) (iv) reports in its annual report (under section 43 of the Public Finance Act 1989, section 101 of the Policing Act 2008, or another enactment) on whether, or on the extent to which, its operations have implemented the policy; and ensures that a copy of the policy is available on an Internet site maintained by or on behalf of the service; and reviews the policy within 3 years of the date of its first adoption, or of its most recent review, under 10 this section; and 5 ensures that every contract, or funding arrangement, that the chief executive or the service (in either case, acting on the Crown’s behalf, or independently) enters into with an independent person requires the person as 15 soon as is practicable to adopt (and to review in accord- ance with paragraph (a)(iv)) a child protection policy if, in the opinion of the chief executive of the State ser- vice,— (i) the person is or becomes a provider of children’s 20 services; and some or all of the contract or arrangement is about providing children’s services.
(ii) (b) 17 DHBs boards to adopt, report on, and require child protection policies Every board of a DHB must— (a) 25 (b) (c) (d) adopt, as soon as is practicable, a child protection pol- icy; and report in its annual report (under section 150 of the Crown Entities Act 2004) on whether, or on the extent 30 to which, its operations have implemented the policy; and ensure that a copy of the policy is available on an Inter- net site maintained by or on behalf of the board; and ensure that every contract, or funding arrangement, that 35 after that commencement the board enters into with an independent person requires the person as soon as is practicable to adopt (and to review in accordance with 17 Part 1 cl 18 Vulnerable Children Bill paragraph (e)) a child protection policy if, in the opin- ion of the board,— (i) the person is or becomes a provider of children’s services; and some or all of the contract or arrangement is 5 about providing children’s services; and review the policy within 3 years of the date of its first adoption, or of its most recent review, under this sec- tion.
(ii) (e) 10 School boards to adopt and require child protection policies Every school board must— (a) 15 adopt, as soon as is practicable after the commencement (under section 2(2) or (3)) of this section, a child pro- tection policy; and ensure that a copy of the policy is available on the Inter- net site (if any) maintained by or on behalf of the board or is available on school premises if requested; and ensure that every contract, or funding arrangement, that after that commencement the board enters into with an 20 independent person requires the person as soon as is practicable to adopt (and to review in accordance with paragraph (d)) a child protection policy if, in the opin- ion of the board,— (i) the person is or becomes a provider of children’s 25 services; and some or all of the contract or arrangement is about providing children’s services; and review the policy within 3 years of the date of its first adoption, or of its most recent review, under this sec- 30 tion.
(ii) (b) (c) (d) Content of child protection policy Every child protection policy required by this subpart must— apply to the provision of children’s services by the ser- (a) vice, board, or independent person that adopts the pol- 35 icy; and 18 19 18 Vulnerable Children Bill Part 1 cl 22 (b) be written, and contain provisions (whether or not it contains provisions on any other matter or matters) on the identification and reporting of child abuse and neglect in accordance with section 15 of the Children, Young Persons, and Their Families Act 1989.
5 20 Effect of child protection policy A child protection policy— (a) does not— (i) (ii) create legal rules; or create any legal right enforceable in a court of 10 law; or affect or limit the way in which a chief executive or other person is required to exercise a statutory power of decision; or affect the interpretation of any enactment or the 15 operation of a rule of law; and (iii) (iv) (b) is neither a legislative instrument nor a disallowable in- strument for the purposes of the Legislation Act 2012, and does not have to be presented to the House of Rep- resentatives under section 41 of that Act.
20 Subpart 3—Children’s worker safety checking 21 Purpose of this subpart The purpose of this subpart is to reduce the risk of harm to children by requiring people employed or engaged in work that 25 involves regular or overnight contact with children to be safety checked.
Application to Crown 22 (1) A Crown organisation (as defined in the Crown Organisations (Criminal Liability) Act 2002) may be prosecuted for an of- 30 fence against this subpart only if— (a) the offence is alleged to have been committed by the Crown organisation; and the proceedings are commenced— (b) 19 Part 1 cl 23 Vulnerable Children Bill (i) (ii) against the Crown organisation in its own name and the proceedings do not cite the Crown as defendant; and in accordance with the Crown Organisations (Criminal Liability) Act 2002.
(2) However, section 8(4) of the Crown Organisations (Criminal Liability) Act 2002 (which provides that a court may not sen- tence a Crown organisation to pay a fine in respect of certain offences) does not apply in respect of offences under this sub- part, and the reference in section 12 of that Act to reparation, 10 compensation, or costs must be taken to include a reference to any fine imposed as a consequence of a prosecution for an offence under this subpart.
5 23 (1) Interpretation In this subpart, unless the context otherwise requires,— child has the meaning given in section 15 children’s worker means a person who works with children (other than with children who are co-workers) in a regulated activity, and that work— (a) may or does involve regular or overnight contact with a 20 15 (b) child or children; and takes place without a parent or guardian of the child, or of each child, being present core worker means a children’s worker whose work requires the person regularly to work alone with, or to control, children, 25 where that work or control generally does not take place in the presence of a core worker who is safety checked key agency means any of the following: (a) (b) (c) (d) local authority means a local authority, as defined in section 2(1) of the Local Government Official Information and Meet- ings Act 1987, to which Parts 1 to 6 of that Act apply Minister means the Minister of the Crown who, under the au- thority of any warrant or with the authority of the Prime Min- the Ministry of Social Development: the Ministry of Health: the Ministry of Education: the Ministry of Justice 35 30 20 Vulnerable Children Bill Part 1 cl 23 ister, is for the time being responsible for the administration of this subpart non-core worker means a children’s worker who is not a core worker regulated activity means the provision of any of the services, 5 being child and family-focused services, identified in Sched- ule 1 safety checked, in relation to a person at a particular time, means that a safety check that complies with section 31 has been completed for the person within the previous 3 years screening service means a person or organisation that carries out, on behalf of a specified organisation, all or any part of a safety check of children’s workers specified offence means an offence identified in Schedule 2 specified organisation has the meaning given in section 24 15 State services has the meaning given in section 2 of the State Sector Act 1988 work means work that is— paid work; or (a) unpaid work that is undertaken as part of an educational 20 (b) or vocational training course.
10 (2) A person’s work involves regular or overnight contact with children if— (a) (b) the person has contact (other than merely incidental contact) with 1 or more children— overnight; or (i) at least once each week; or (ii) (iii) on at least 4 days each month; and that contact is any of the following kinds: (i) (ii) physical contact: oral communication, whether in person or by telephone: communication through any electronic medium, including by way of writing or visual images.
(iii) 25 30 21 Part 1 cl 24 Vulnerable Children Bill 24 (1) Specified organisation defined In this subpart, specified organisation means any of the fol- lowing that employs or engages a children’s worker to perform a regulated activity: (a) (b) any of the State services: an individual or organisation that is funded (whether wholly or partly) by a State service to provide regulated activities: any of the following that are declared by regulations made under section 33 to be specified organisations: (i) (ii) local authorities: any individual or organisation, or class of indi- vidual or organisation, that is funded (whether wholly or partly) by a local authority to provide regulated activities.
(c) (2) Despite subsection (1), an individual or organisation is not a specified organisation if it is declared by regulations made under section 33 not to be a specified organisation for the purposes of this subpart.
Obligations of specified organisations Safety checks of new children’s workers 25 (1) A specified organisation must not employ or engage a person as a children’s worker without ensuring that a safety check of the person that complies with section 31 is completed before the employment or engagement commences.
The obligation in subsection (1) applies,— (a) with respect to core workers, to employment or engage- ment that commences on or after the date on which this subpart comes into force; and (2) (b) with respect to non-core workers, to employment or en- 30 gagement that commences on or after the date that is 1 year after the date on which this subpart comes into force.
(3) A specified organisation that, in relation to a person whom it employs or engages as a children’s worker, fails to comply 35 with subsection (1) commits an offence and is liable on con- viction to a fine not exceeding $10,000.
22 Vulnerable Children Bill Part 1 cl 28 (2) Safety checks of existing children’s workers 26 (1) A specified organisation must, on or before the applicable date set out in subsection (2), ensure that a safety check that com- plies with section 31 is completed of every children’s worker who is employed or engaged by the organisation before that 5 date and who it intends will still be employed or engaged by the organisation on that date.
The applicable dates are as follows: (a) in the case of a core worker, the date that is 3 years after the date on which this subpart comes into force: in the case of a non-core worker, the date that is 4 years after the date on which this subpart comes into force.
(3) However, a specified organisation need not comply with sub- section (1) if the organisation is satisfied that a safety check of the person that complies with section 31 was completed 15 within 3 years before the relevant date described in subsec- tion (2).

(b) 10 (4) A specified organisation that, in relation to a children’s worker whom it continues to employ or engage, fails to comply with subsection (1) commits an offence and is liable on conviction 20 to a fine not exceeding $10,000.
Periodic safety checks of children’s workers 27 (1) A specified organisation must ensure that each children’s worker whom it employs or engages is safety checked at intervals of no more than 3 years.

(2) A specified organisation that, in relation to a children’s worker whom it employs or engages, fails to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.
28 (1) Core worker convicted of specified offence not to be employed or engaged This section applies to a person who— (a) (b) has been convicted of a specified offence; and does not hold an exemption granted under section 34.

25 30 23 Part 1 cl 28 Vulnerable Children Bill (2) On and after the date on which this subpart comes into force, a specified organisation must not employ or engage a person to whom this section applies as a core worker.
5 (b) (3) On and after the date that is 1 year after the date on which this subpart comes into force, a specified organisation— (a) must not continue to employ or engage a person to whom this section applies as a core worker, regardless of when that worker commenced employment or was engaged; and is entitled, in accordance with this section, to suspend 10 or terminate the employment or engagement of a core worker to whom this section applies, and in that case— no compensation or other payment is payable in (i) respect of the suspension or termination, despite anything to the contrary in any contract or agree- 15 ment; and the suspension or termination is deemed to be a justifiable action or, as the case requires, a justi- fiable dismissal for the purposes of Part 9 of the Employment Relations Act 2000.
(ii) 20 (4) On and after the date referred to in subclause (3), if a speci- fied organisation believes on reasonable grounds that a worker whom it employs or engages is a person to whom this sec- tion applies, the organisation must immediately suspend the worker from all duties that require or enable him or her to act 25 as a core worker, and must tell the worker the reason for the suspension and the grounds for the organisation’s belief.
If a worker is suspended under subsection (4), the employer must not terminate the worker’s employment or engagement until at least 5 working days after the suspension begins (un- 30 less the person’s employment or engagement is terminated sooner for reasons unrelated to that suspension).
(5) (6) A specified organisation that contravenes subsection (2) or (3), knowing that, or being reckless as to whether, the person is a person to whom this section applies, commits an offence 35 and is liable on conviction to a fine not exceeding $50,000.

(7) A specified organisation that contravenes subsection (4) or (5) commits an offence and is liable on conviction to a fine not exceeding $50,000.
24 Vulnerable Children Bill Part 1 cl 31 (8) Subsection (3)(b)(i) does not limit or affect the Wages Pro- tection Act 1983.

29 30 31 (1) (2) Defences Defence of taking all reasonable steps It is a defence to a charge for an offence against any of sec- 5 tions 25 to 27 that the specified organisation took all rea- sonable steps to ensure that a safety check of the person that complied with section 31 was completed as required by the relevant section.
Defence relating to short-term emergencies It is a defence to a charge for an offence against sections 25 to 28 that all the following conditions applied: (a) 10 the specified organisation considered that an emergency had occurred, or unexpected conditions had arisen, that increased the risks to any children to whom it provides 15 regulated activities: in order to reduce the risks to those children, the or- ganisation employed or engaged additional children’s workers: any of those children’s workers who were not safety 20 checked were employed or engaged by the specified organisation for no more than 5 consecutive working days.
(b) (c) Safety checks Requirements of safety checks Every safety check of a person must comply with the require- ments for safety checks for core workers or for non-core work- ers (as appropriate) prescribed by this section and by regula- tions made under section 32.
Every safety check of a person must include— (a) confirmation of the identity of the person, carried out as prescribed by regulations made under section 32; and consideration of specific information prescribed by regulations made under section 32; and (b) 25 30 25 Part 1 cl 32 Vulnerable Children Bill (c) a risk assessment, carried out as prescribed by regula- tions made under section 32, that assesses the risk the person would pose to the safety of children if employed or engaged as a children’s worker.
(3) Despite anything in the Criminal Records (Clean Slate) Act 5 2004, nothing in that Act authorises the concealment of a con- viction for a specified offence of a person who is subject to a safety check in relation to employment or engagement as a core worker, even if the person is otherwise deemed to have no criminal record.
Regulations Regulations prescribing requirements for safety checks The Governor-General may, by Order in Council, make regu- lations prescribing requirements for safety checks, including the following: (a) 10 15 prescribing the way or ways in which a person’s identity must be confirmed: prescribing the information that must be considered in the course of a safety check: prescribing the manner in which a risk assessment must 20 be carried out, and the content of a risk assessment: providing that certain forms of checking undertaken by the licensing body of any specified profession or oc- cupation may be treated as satisfying the requirement for safety checking, or for satisfying any 1 or more pre- 25 scribed requirements for safety checking: exempting any specified organisation from any 1 or more requirements relating to safety checking: exempting any person, or class of persons, from any 1 or more requirements relating to safety checking: prescribing forms for use in safety checking: providing for any other matter contemplated by or ne- cessary for giving effect to the provisions of this Act that relate to the requirements for safety checking.
30 (b) (c) (d) (e) (f) (g) (h) Regulations made under this section may prescribe different 35 requirements, and may provide exemptions and exceptions, for different— 32 (1) (2) 26 Vulnerable Children Bill Part 1 cl 34 (a) (b) classes of children’s worker; and specified organisations or classes of specified organisa- tion.
33 Other regulations The Governor-General may, by Order in Council, make regu- 5 lations for any of the following purposes: (a) (b) (c) (d) (e) (f) in addition to those listed in prescribing activities, Schedule 1, that are specified activities: prescribing activities that are not specified activities: declaring that local authorities, or individuals, organisa- 10 tions, or classes of individuals or organisations, that are funded to provide regulated activities are specified or- ganisations: providing that individuals or organisations, or a classs of individuals or organisations, are not specified organ- 15 isations: prescribing the process, not inconsistent with this sub- part, for applying for, granting, and revoking exemp- tions under section 34: prescribing the processes and requirements for ap- 20 proving screening services under section 39, and the process and grounds on which any approval may be suspended or cancelled.
Exemption for workers convicted of specified offence 25 34 (1) Exemption for certain individuals The chief executive of any key agency may grant an exemption under this section to a person who has been convicted of a specified offence.

(2) An exemption may be granted only if the chief executive is 30 satisfied that the person would not pose an undue risk to the safety of children if employed or engaged as a core worker.

(3) An exemption may be qualified or contain conditions.
27 Part 1 cl 35 Vulnerable Children Bill Application for exemption 35 (1) An application for an exemption must be made by way of a statutory declaration signed by the person to whom it relates and set out the following: (a) (b) the person’s full name and contact details: in respect of each specified offence of which the person has been convicted— (i) a description of the offence (eg, sexual violation under section 128B of the Crimes Act 1961); and the date of conviction; and any sentence imposed; and the sentence expiry date (if any): (ii) (iii) (iv) whether the person is subject to any conditions imposed under the Parole Act 2002 or the Criminal Justice Act 1985 in respect of that sentence: any other information prescribed by regulations made under section 33: any other information the applicant wishes to place be- fore the chief executive to whom the application is sent.
(c) (d) (e) 5 10 15 (3) (2) A chief executive who receives an application may, with the 20 agreement of the chief executive of a different key agency, refer the application to that other chief executive for decision.

Before making a decision on an application, a chief executive must confirm— (a) whether the person has previously applied for an ex- 25 emption, and the outcome of that application; and (b) whether the person has ever had an exemption revoked.
36 (1) Revocation of exemption The chief executive of the key agency that granted an exemp- tion may revoke it at any time without notice.

30 (2) A chief executive may revoke an exemption only if the chief executive— (a) becomes aware that the person has been charged with, or convicted of, a specified offence; or is satisfied on reasonable grounds that the person would 35 pose an undue risk to the safety of children if employed or engaged as a core worker.
(b) 28 37 38 (1) (2) (3) Vulnerable Children Bill Part 1 cl 39 Appeal against decision not to grant, or to revoke, exemption A person whose application for an exemption has been de- clined, and a person whose exemption has been revoked, may appeal to the High Court against the decision not to grant the 5 application, or to revoke it, as appropriate.
Monitoring compliance Requirement to provide information to chief executives The chief executive of any key agency may, for the purpose of monitoring compliance with this subpart, require any speci- 10 fied organisation to provide to the chief executive, in the man- ner and within the time specified, information about the safety checking of children’s workers employed or engaged by the organisation.
The chief executive of any key agency may exercise the power 15 in subsection (3) only if he or she believes on reasonable grounds that the information required is necessary to prevent or lessen a serious threat to the safety of any child or children.
The chief executive may require any specified organisation to provide details to the chief executive of any safety check done 20 on a named person and the person’s work history, including— (a) (b) how the person’s identity was confirmed; and all information provided about the person in the course of the safety check; and the risk assessment of the person; and the date or dates on which the person has been employed or engaged by the organisation and the nature of the work that he or she is or has been engaged in.
(c) (d) Miscellaneous 39 (1) (2) Approval of screening services The chief executive of any key agency may approve a screen- ing service to carry out specified aspects of safety checks.

Every approval— (a) must specify the aspects of a safety check that the screening service is approved to provide; and 35 29 25 30 Part 1 cl 40 Vulnerable Children Bill (b) may specify which specified organisations, and which kind of children’s worker, the screening services may be used in relation to.
(3) Approval of a screening service must be given, and may be suspended or cancelled, in accordance with the processes, re- 5 quirements, and grounds set out in regulations made under section 33.

(4) Notice of every approval, and of every suspension or cancel- lation, must be given in the Gazette.

Prosecution of offences 40 (1) A charging document for an offence against any provision of this subpart may be filed by the chief executive of any key agency other than the Ministry of Justice.
10 (2) However, a chief executive may not file a charging document in respect of a specified organisation that is the key agency of 15 which he or she is the chief executive.

Consequential amendments to other enactments 41 (1) Amendments to Crown Organisations (Criminal Liability) Act 2002 This section amends the Crown Organisations (Criminal Li- 20 ability) Act 2002.
(2) After section 6(1)(d), insert: “(e) an offence against subpart 3 of Part 1 of the Vulner- able Children Act 2013.” In section 7(a), replace “or the Resource Management Act 25 1991” with “the Resource Management Act 1991, or subpart 3 of Part 1 of the Vulnerable Children Act 2013”.

Amendment to Sentencing Act 2002 This section amends the Sentencing Act 2002.
In section 4(4), replace “or the Resource Management Act 30 1991,” with “the Resource Management Act 1991, or subpart 3 of Part 1 of the Vulnerable Children Act 2013,”.

(3) 42 (1) (2) 30 43 (1) (2) 44 (1) (2) 45 46 47 Vulnerable Children Bill Part 2 cl 47 Amendment to Criminal Records (Clean Slate) Act 2004 This section amends the Criminal Records (Clean Slate) Act 2004.
In section 6(1), after “The clean slate scheme applies”, insert “(except as provided in section 31(3) of the Vulnerable 5 Children Act 2013)”.

Part 2 Child harm prevention orders Purpose The purpose of this Part is to enhance the safety of children 10 by imposing restrictions on persons who pose a high risk of causing serious harm to them.

It is not a purpose of this Part to punish persons against whom orders are made under this Part.
Principles Every person or court exercising a power under this Part must have regard to the following principles: (a) 15 orders under this Part should be for the sole purpose of reducing the risk of harm to children: orders should be imposed only on a person who presents 20 a high risk of causing serious harm to a child or children: orders should be imposed only if there is no alterna- tive means of reducing the risk to children that would be equally effective and would be less intrusive on the respondent: the terms of an order should be directed towards the mitigation of the risk posed by the respondent and be proportionate to the severity of that risk: the welfare and interests of children are paramount.
25 (b) (c) (d) (e) Part binds the Crown This Part binds the Crown.
Interpretation In this Part, unless the context otherwise requires,— child means a person who is under the age of 18 years 30 31 Part 2 cl 47 Vulnerable Children Bill child harm prevention order means an order made under section 55, as modified from time to time by the review panel or a court Commissioner means the Commissioner of Police holding of- fice under section 12 of the Policing Act 2008 health assessor means a health practitioner who— (a) 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, 10 and who is a practising psychiatrist; or is a registered psychologist 5 (b) proceeding means— (a) (b) a proceeding conducted by a court; and any interlocutory or other application to a court con- 15 nected with that proceeding qualifying offence means an offence identified in Schedule 3 registered psychologist means a health practitioner who is, or is deemed to be, registered with the Psychologists Board con- tinued by section 114(1)(a) of the Health Practitioners Com- 20 petence Assurance Act 2003 as a practitioner of the profession of psychology release conditions has the meaning given in section 4(1) of the Parole Act 2002 respondent, in relation to an application for a child harm pre- 25 vention order, means the person against whom the order is sought review panel means the review panel established by section 88 victim means a person against whom a qualifying offence has 30 been committed, or is believed to have been committed.
32 Vulnerable Children Bill Part 2 cl 49 Subpart 1—Imposition and review of child harm prevention orders Application for child harm prevention order 48 (1) (2) Application for child harm prevention order The following persons may at any time apply for a child harm 5 prevention order against a person: the Commissioner: (a) the Chief Executive of the Ministry of Social Develop- (b) ment.
The Chief Executive of the Department of Corrections may 10 apply for a child harm prevention order against a person serv- ing 1 or more sentences if at least 1 of those sentences is being served for a qualifying offence.
(3) An application under subsection (2) may be made at any time before the later of— (a) 15 the sentence expiry date of the sentence to which the person is subject that has the latest sentence expiry date, regardless of whether that sentence is for a qualifying offence; and the date on which the person ceases to be subject to any 20 release conditions.
(4) An application for a child harm prevention order must not be the respondent has been convicted of a qualifying of- fence or the applicant believes, on reasonable grounds, 25 that the respondent has committed a qualifying offence; and the applicant believes, on reasonable grounds,— (i) that the respondent poses a high risk of commit- ting a further qualifying offence or offences; and 30 that those offences, if committed, would cause serious harm to a child or children; and (ii) (5) 49 the respondent is aged 18 years or over.
(c) In this section, sentence expiry date has the meaning given in section 4(1) of the Parole Act 2002.
35 Contents of application An application for a child harm prevention order must state— 33 made unless— (a) (b) (b) Part 2 cl 50 Vulnerable Children Bill (a) (b) (c) (d) the respondent’s name and date of birth; and if the respondent has been convicted of 1 or more quali- fying offences, details of that offence or those offences; and if the respondent has not been convicted of a qualifying 5 offence,— (i) a statement of the applicant’s belief that the re- spondent has committed a qualifying offence; and the grounds for that belief; and (ii) a statement of the applicant’s belief, and the grounds for that belief, that— (i) the respondent poses a high risk of committing 1 or more qualifying offences; and those offences, if committed, would cause ser- 15 ious harm to a child or children; and (ii) 10 (e) the proposed terms of the order.
50 Requirement to consult on application for child harm prevention order (1) An applicant for a child harm prevention order must consult 20 the following persons (as applicable) before an application is made: (a) (b) the Commissioner: the Chief Executive of the Ministry of Social Develop- ment.

25 (2) Consultation under subsection (1) must be carried out in ac- cordance with a protocol developed by the Commissioner and agreed to by the Chief Executive of the Ministry of Social De- velopment.
(3) An application may only be made if the persons listed in sub- 30 section (1) agree on— (a) (b) the need for the child harm prevention order; and the proposed terms of the order.

Court to which application must be made 51 (1) Unless subsection (2) applies, an application for a child harm 35 prevention order must be made to a District Court in its civil jurisdiction.
34 Vulnerable Children Bill Part 2 cl 54 (2) An application must be made to the High Court in its civil jurisdiction if— (a) a criminal trial in relation to a qualifying offence took place in the High Court and the applicant intends to rely upon evidence presented in that trial; or 1 or more of the qualifying offences on which the ap- plication is based is an offence that must be tried in the High Court.
5 (b) 52 53 (1) (2) Report by psychologist An application for a child harm prevention order must be ac- 10 companied by a report that— (a) (b) has been prepared by a registered psychologist; and addresses the following questions: (i) whether the respondent poses a high risk of com- mitting 1 or more qualifying offences; and (ii) whether those offences, if committed, would cause serious harm to a child or children; and (iii) whether the terms sought by the applicant are necessary and sufficient to address the risk posed by the respondent.
Court must obtain independent report Before making a child harm prevention order, the court must obtain a second report that— (a) has been prepared by a health assessor nominated by the respondent; and (b) addresses the questions set out in section 52(b).

If the respondent does not nominate a health assessor for the purposes of subsection (1), the court must nominate a health assessor to prepare the second report.
15 20 25 Victims must be given opportunity to contribute to reports 30 54 (1) An applicant for a child harm prevention order must notify victims of the respondent who are over the age of 16, to the extent that those victims can be identified, if a report is being prepared under section 52 or 53.
35 Part 2 cl 55 Vulnerable Children Bill (2) The victims must be given a reasonable opportunity to sub- mit to the applicant any information relevant to the following questions: (a) whether the respondent poses a high risk of committing 1 or more qualifying offences; and (b) whether those offences, if committed, would cause ser- 5 ious harm to a child or children.
(3) The applicant must ensure that any information submitted under subsection (2) is communicated to the psychologist or health assessor preparing the report.
10 Imposition of child harm prevention order Court may make child harm prevention order 55 (1) After considering all of the evidence offered in a proceeding on an application for a child harm prevention order, the court may make a child harm prevention order against a respondent 15 if— (a) (b) the respondent has been convicted of a qualifying of- fence; or the court finds, on the balance of probabilities, that the respondent has committed a qualifying offence.
The court may only make an order under subsection (1) if the court is satisfied, having considered the matters set out in section 56,— (a) that the respondent poses a high risk of committing 1 or more qualifying offences; and that those offences, if committed, will cause serious harm to a child or children.

(b) 20 25 (2) (3) A child harm prevention order may not be made against a child.
56 Matters court must consider in determining risk posed 30 by respondent The matters that the court must consider under section 55(2) are— (a) the extent to which the respondent has a pattern of past conduct that has caused harm to children: 35 36 Vulnerable Children Bill Part 2 cl 58 (b) (c) (d) (e) the seriousness and frequency of past conduct that has caused harm to children: the absence or failure of efforts by the respondent to address the cause or causes of previous offending: the extent to which the respondent exhibits the follow- 5 ing characteristics: (i) poor interpersonal relationships or social isola- tion or both: poor self-regulation, evidenced by general im- pulsiveness, high emotional reactivity, and fail- 10 ure to cope with, or manage, stress and difficul- ties: absence of understanding or concern for the im- pact of offending on actual or potential victims: the terms of any other court order to which the respond- 15 ent is subject.
(iii) (ii) Form of order A child harm prevention order must state— (a) the name and date of birth of the person subject to the order: the terms of the order: the date on which the order expires.
20 Child harm prevention order may impose terms The terms of a child harm prevention order are— (a) that the person subject to the order must advise the Po- 25 lice of his or her current address and any change of ad- dress; and that the person subject to the order must advise the Po- lice if he or she changes his or her name; and any terms imposed by the court under subsection (2).
30 (2) A child harm prevention order may impose any of the follow- ing terms, or any similar term, that is reasonably necessary, in the opinion of the court, to mitigate the risk posed by the per- son subject to the order: (a) the person subject to the order must not live with— (i) any specified child, children, or class of children; or 35 37 57 58 (1) (b) (c) (b) (c) Part 2 cl 59 Vulnerable Children Bill (b) (c) (d) (e) (f) 5 any children: (ii) the person subject to the order must not work with— (i) any specified child, children, or class of children; or any children: (ii) the person subject to the order must not associate with any specified child, children, or class of children: the person subject to the order must not be present in, or loiter around, places of a particular kind that are spe- cified in the order as the kinds of places where, in the 10 opinion of the court, the respondent poses a high risk to children: the person subject to the order must advise the Police of the identity of any children that live with him or her: the person subject to the order must advise the Police of 15 his or her employment and any change to employment.
(3) (4) 59 (1) (2) The terms of the order— (a) must be the least restrictive terms necessary to mitigate the risk posed by the respondent and must be propor- tionate to the severity of the risk; and (b) may not require the respondent to participate in any pro- 20 gramme or activity.

The maximum period for which a child harm prevention order may apply is 10 years.
Court may receive transcript of criminal trial as evidence 25 This section applies to a proceeding during which a court con- siders either or both of the following matters: (a) whether to make a child harm prevention order under section 55: the terms to impose under section 58.

(b) The court may receive as evidence any statement from the transcript of a criminal trial in which the respondent was pro- ceeded against in respect of a qualifying offence.
30 (3) However, unless the procedure set out in section 77 has been followed, the court must not consider evidence presented dur- 35 ing a criminal trial in which— (a) (b) the respondent was acquitted of a qualifying offence; or the respondent is discharged without conviction; or 38 Vulnerable Children Bill Part 2 cl 61 (4) (5) 60 the proceedings were stayed.
(c) Subsection (3) does not apply to evidence presented during a criminal trial by a victim of the respondent (which may be considered whether or not the procedure set out in section 77 has been followed).

If the court is not prevented under subsection (3) from con- sidering evidence, it may— (a) (b) rely on that evidence; or re-hear any part of the evidence if, in the opinion of the court, this is necessary in the interests of justice.
Offence to breach terms of child harm prevention order A person who is subject to a child harm prevention order com- mits an offence if the person fails to comply with the terms of the order and is liable on conviction to imprisonment for a term not exceeding 2 years.
5 10 15 Commencement and expiry of order 61 (1) A child harm prevention order comes into force,— (a) (b) (c) if the order is made while the person subject to the order is detained under a sentence of imprisonment or is li- able to be recalled under the Parole Act 2002 to con- 20 tinue serving a sentence of imprisonment, on the per- son’s statutory release date; or if the order is made while the person subject to the order is subject to release conditions following a sentence of imprisonment for a qualifying offence, but is no longer 25 liable to be recalled, on the date when the person ceases to be subject to those release conditions; or if the order is made at any other time, on the date spe- cified in the order.
(2) A child harm prevention order expires on— (a) the date specified in the order as the date on which the order expires; or the date on which the order is cancelled.

(b) In this section, statutory release date has the meaning given in section 4(1) of the Parole Act 2002.
Compare: 2002 No 10 s 107L (3) 30 35 39 Part 2 cl 62 Vulnerable Children Bill 62 (1) (2) 63 (1) Court may make directions in relation to child harm prevention order If a court makes a child harm prevention order, it may direct the applicant for the order to notify certain persons or organ- isations of— the existence and terms of the order; and (a) (b) the name and address of the person subject to the order.
The court must not make a direction under subsection (1) unless, in the opinion of the court, notifying the persons or or- ganisations is reasonably necessary to mitigate the risk posed 10 by the respondent.

5 Court may make interim order This section applies when— (a) (b) an application has been made for a child harm preven- tion order; or a court has been notified of the intention of a person who is able to apply for an order under section 48 to apply for an order.
15 (2) At any time before the application is finally determined, a per- son who is able to apply for a child harm prevention order 20 under section 48 may apply to a District Court or the High Court for an interim order.
(3) After receiving an application under subsection (2), the court may, if the court is satisfied that it is necessary in the circum- stances, make an interim order against the respondent impos- 25 ing any of the terms listed in section 58(2), or any similar term, that is reasonably necessary, in the opinion of the court, to mitigate the risk posed by the respondent.
The terms of the interim order— (a) must be the least restrictive necessary to mitigate the 30 risk posed by the respondent and must be proportionate to the severity of the risk; and (4) (b) may not require the respondent to participate in any pro- gramme or activity.
(5) Unless subsection (6) applies, an interim order made under 35 this section ceases to have effect on the earlier of— 40 Vulnerable Children Bill Part 2 cl 65 (a) (b) the expiry date, which must not be more than 3 months after the date on which the order takes effect, specified in the order; and the date on which the application for a child harm pre- vention order is finally determined or withdrawn.
5 (6) An interim order expires 1 month after the date on which the order was made if— (a) (b) the order was made on the basis that subsection (1)(b) applies; and the court has not received an application for a child 10 harm prevention order against the person subject to the interim order.
Review by review panel Review of child harm prevention order by review panel 64 (1) During the currency of a child harm prevention order, the re- 15 view panel must complete a review of the continuing justifi- cation for the order, and the terms imposed by the order,— (a) (b) within 1 year after the order is made; and then,— (i) (ii) once every 12 months after the most recent pre- 20 vious review of the order by the review panel; or if an application under section 69 is pending before the court, within 1 year after the date on which the application is determined.
(2) 65 (1) The following persons may apply to the review panel at any 25 time for a review of a child harm prevention order: (a) (b) the Commissioner: the person who is subject to the child harm prevention order.
Review panel to provide information to person subject to order The review panel must take all reasonable steps to ensure that the information the panel receives, on the basis of which it will make a decision relating to a child harm prevention order, is made available to the person subject to the order— 30 35 41 Part 2 cl 65 Vulnerable Children Bill (a) (b) at least 5 working days before the relevant review hear- ing; or if that is not possible, as soon as practicable before the hearing.
(2) Despite subsection (1), the review panel must ensure that— 5 (a) (b) no information is given to the person subject to the order that discloses the address or contact details of any vic- tim of the person; and if any written submissions by a victim or any personal information about the victim are shown to the person, 10 they are not retained by the person.
(4) (3) Despite subsection (1), the review panel may, in exceptional circumstances, order that any information referred to in that subsection not be made available to a person subject to a child harm prevention order if, in the opinion of the chairperson, it 15 would prejudice the mental or physical health of the person, or endanger the safety of any person.

Subsections (2) and (3) apply despite anything in the Offi- cial Information Act 1982 or the Privacy Act 1993.
Information withheld under subsection (3) may be provided 20 to counsel representing the person subject to the order.

Information provided or shown to a person under this section must be used only for the purpose of assisting the person to make submissions to the review panel.
The review panel must give a written copy of every decision to 25 the person subject to the order that is under review, along with information about how the person may exercise any appeal rights that he or she has in relation to the decision.
(6) (5) (7) (8) Any person who publishes information provided under this section in a form that identifies, or enables the identification 30 of, a victim commits an offence and is liable on conviction to,— (a) in the case of an individual, a term of imprisonment not exceeding 3 months or a fine not exceeding $2,000; and in the case of a body corporate, a fine not exceeding 35 $10,000.
(b) 42 Vulnerable Children Bill Part 2 cl 67 (9) In this section, victim has the meaning given in section 4 of the Victims’ Rights Act 2002.

Compare: 2002 No 10 s 13 Review panel decisions 66 (1) After carrying out a review under section 64(1), the review 5 panel may— (a) (b) (c) cancel the order; or cancel or modify any term of the order; or direct the Commissioner to apply to a District Court (or, if subsection (2) applies, the High Court) for a review 10 of the order under section 69.
(3) (2) A direction to apply for a review under subsection (1)(c) must require the application to be made to the High Court if the child harm prevention order that is the subject of the review was made by the High Court.

The review panel must not exercise its power under subsec- tion (1)(a) unless the review panel is satisfied that the order is no longer required to mitigate the risk posed by the person subject to the order.
The review panel must not exercise its power under subsec- 20 tion (1)(b) unless the review panel is satisfied that— (a) (4) 15 any term of the order being cancelled or modified is no longer required to mitigate the risk posed by the re- spondent; and any modification of a term makes the term less restrict- 25 ive for the person subject to the order.
(b) 67 (1) Appeal to court against review panel decision The following persons may appeal to a District Court (or, if subsection (2) applies, the High Court) against a decision of the review panel under section 66: (a) the person subject to the child harm prevention order to which the decision relates: the Commissioner.

(b) 30 (2) An appeal under subsection (1) must be made to the High Court if the child harm prevention order that is the subject of 35 the appeal was made by the High Court.
43 Part 2 cl 68 Vulnerable Children Bill (3) An appeal under subsection (1) may be based on 1 or more of the following grounds: (a) the review panel failed to comply with the procedures set out in this Part: the review panel made an error of law: the review panel acted without jurisdiction: the review panel based its decision on erroneous or ir- relevant information: the review panel failed to take into account relevant in- formation that was material to the decision: the review panel’s decision was otherwise unreason- able.
5 10 (b) (c) (d) (e) (f) (4) (5) If an appeal is lodged, the review panel decision to which the appeal relates has no effect and the terms of the child harm prevention order that were in force before the review panel 15 decision came into effect are reinstated.

Subsection (4) applies from the date on which the appeal is lodged until the date on which the appeal is determined or withdrawn.
(6) An appellant must ensure that a copy of his or her appeal is 20 made available, as applicable, to— (a) the person subject to the child harm prevention order to which the decision relates; or the Commissioner.
(b) Powers of court on appeal On an appeal against a decision of the review panel, a court may do 1 or more of the following: (a) cancel the child harm prevention order to which the de- cision relates: cancel or modify any term of the order: impose any other term of the order that, in the opinion of the court, is necessary to mitigate the risk posed by the person subject to the order.
(b) (c) 25 30 68 44 Vulnerable Children Bill Part 2 cl 70 Review by court Review by court of child harm prevention order 69 (1) During the currency of a child harm prevention order, the Commissioner must apply to a District Court (or, if subsec- tion (2) applies, the High Court) for a review of the continuing 5 justification for the order— (a) (b) (c) within 3 years after the order is made; and then, at intervals of not more than 3 years; and whenever the review panel directs the Commissioner to apply.
(2) An application for a review under subsection (1) must be made to the High Court if the child harm prevention order that is the subject of the review was made in the High Court.

(3) On a review of a child harm prevention order, the court may— (a) (b) (c) cancel the order: cancel or modify any term of the order: impose any other term that, in the opinion of the court, is necessary to mitigate the risk posed by the person subject to the order.
10 15 (4) (5) The review panel must provide the court with all reports pro- 20 vided to the review panel during its most recent review.

The court may call for any further or supplementary reports from any person.
Subpart 2—Procedural matters Procedure governing applications to court 25 Service of applications 70 (1) When an application for a child harm prevention order is made, the applicant must serve the respondent personally with— (a) (b) a copy of the application; and copies of any affidavits accompanying the application; 30 and a copy of the psychologist’s report accompanying the application; and a notice setting out the respondent’s rights and the pro- cedures relating to the application.
(c) (d) 35 45 Part 2 cl 71 Vulnerable Children Bill (2) The service of an application under this section must comply with the High Court Rules governing personal service.
Court may order person to appear before health assessor 71 (1) A court may order a person to appear before a health assessor (2) 72 (1) at a specified time and place for the purpose of allowing the 5 health assessor to prepare— the psychologist’s report required under section 52; or (a) (b) the health assessor’s report required under section 53.
The court may make an order under subsection (1) only if— (a) the person has been convicted of a qualifying offence or 10 the court is satisfied that there are reasonable grounds to believe that the person has committed a qualifying offence; and the nature and seriousness of the offending or alleged offending justifies an assessment of whether the person 15 presents a high risk of committing further offences that will cause serious harm to children.
(b) Court may order interim detention of person to allow health assessor to prepare report The court may, on an application by 1 of the persons specified 20 in section 48, order that a person who fails to appear before a health assessor after being ordered to appear under section 71 may be— (a) (b) detained by a constable; and brought before a health assessor in a place specified in 25 the order.
(2) A person may only be detained under subsection (1) for as long as is reasonably necessary to allow the health assessor to address the questions set out in section 52(b).

Issue of summons to attend proceedings A Judge or a Registrar of a District Court (or the High Court, as the case may be) may issue a summons requiring the re- spondent to an application for a child harm prevention order to attend at a specified time and date a proceeding under this Part.
30 35 73 46 Vulnerable Children Bill Part 2 cl 77 74 (1) (2) (3) (4) (5) Respondent who fails to appear may be brought to court If a respondent who has been duly summoned to attend a pro- ceeding fails to appear at the proceeding, the Judge may issue a warrant for the respondent to be detained and brought before the court.

The warrant must be directed to every constable.

The warrant may be executed by any constable.


For the purposes of executing the warrant, the constable exe- cuting it may at any time enter any premises, by force if ne- cessary, if he or she has reasonable grounds to believe that the 10 respondent is on those premises.

Section 131 of the Search and Surveillance Act 2012 applies to the exercise of the power under subsection (4).
5 Issue of summons to witness 75 (1) A Judge or the Registrar of a District Court (or the High Court, 15 as the case may be) may issue a summons requiring any person to appear as a witness in a proceeding relating to a child harm prevention order.

(2) A summons issued under subsection (1) may require the per- son summoned to bring with him or her and produce at the 20 proceeding any document or thing that is specified in the sum- mons.
Evidence 76 (1) Evidence in proceedings under this Part In a proceeding under this Part, a court may receive as evi- 25 dence any statement, document, information, or matter that it considers relevant, whether or not it would be otherwise ad- missible in a court of law.
(2) However, in considering whether to make a finding under sec- tion 55(1)(b) that a respondent has, on the balance of prob- 30 abilities, committed an offence, the court may only receive evidence that is admissible under the Evidence Act 2006.
77 (1) Procedure if evidence in trial to be considered in determining application This section applies if— 35 47 Part 2 cl 77 Vulnerable Children Bill (a) (b) a person (the defendant) is charged with 1 or more qualifying offences; and the Commissioner and the chief executive resolve that, if the defendant is acquitted of those qualifying offences, they are likely to apply for a child harm 5 prevention order against that person.
(2) Evidence presented during the defendant’s criminal trial may only be considered for the purposes set out in section 59(1) if the Commissioner or the chief executive— (a) provides written notice to the defendant, which meets 10 the requirements in subsection (3), at least 5 working days before the first day of the trial; and files a copy of the notice in court; and applies for the child harm prevention order against the defendant no later than— 1 month after the last day of the criminal trial; or (i) (ii) with the leave of the court, 2 months after the last 15 (b) (c) day of the criminal trial.
(3) A notice under subsection 2(a) must state— (a) (b) (c) (d) that 1 or more of the offences with which the defendant 20 is charged is a qualifying offence; and that, in the event that the defendant is acquitted of the qualifying offence or offences, the Commissioner, or the chief executive, is likely to apply for a child harm prevention order against the defendant; and that any evidence presented during the trial may be con- sidered by the court in determining— (i) whether, on the balance of probabilities, the de- fendant has committed an offence; and 25 (ii) whether the defendant poses a high risk of com- 30 mitting 1 or more qualifying offences; and (iii) whether those offences, if committed, will cause serious harm to a child or children; and the terms of any child harm prevention order; and (iv) the defendant’s rights and the procedures relating to the 35 notice.
(4) In this section, chief executive means the chief executive of the Ministry of Social Development.

48 Vulnerable Children Bill Part 2 cl 80 78 Court may determine whether proceedings are held in closed or open court (1) A court may determine whether to hold any proceeding relat- ing to a child harm prevention order in closed or open court.

(2) However, the court may not exclude members of the media 5 (3) from any hearing.
For the purposes of this section, member of the media means— (a) a person who is in the court for the purpose of reporting on the proceeding and who is either subject to or em- 10 ployed by an organisation that is subject to— (i) (ii) a code of ethics; and the complaints procedure of the Broadcasting Standards Authority or the Press Council; or any other person reporting on the proceedings with the 15 permission of the court.
(b) Compare: 2011 No 81 s 198 Court may suppress evidence and submissions 79 (1) A court may make an order forbidding publication of any re- (2) port or account of the whole or any part of the evidence given 20 or the submissions made in any proceeding under this Part.
The court may make an order under subsection (1) only if the court is satisfied that publication would be likely to— (a) cause undue hardship to any victim of a person subject to an order under this Part or against whom such an 25 order is sought; or endanger the safety of any person; or lead to the identification of a person whose name is sup- pressed by order or by law; or prejudice the maintenance of the law, including the pre- 30 vention, investigation, and detection of offences; or prejudice the security or defence of New Zealand.
(b) (c) (d) (e) 80 Court may suppress identity of respondent or person subject to order (1) A court may make an order forbidding publication of the name 35 of— 49 Part 2 cl 81 Vulnerable Children Bill (2) (a) the respondent to an application for a child harm pre- vention order; or the person subject to a child harm prevention order.
(b) The court may make an order under subsection (1) only if the court is satisfied that publication could be likely to cause— 5 (a) extreme hardship to the respondent or the person subject to the order; or undue hardship to any other person.
(b) 81 Automatic suppression of identity of victims and witnesses (1) Unless the court, by order, permits publication, no person may 10 publish the name, address, or occupation of a child who— (a) (b) is a victim of a respondent; or is a victim of a person subject to a child harm prevention order; or is called as a witness in any proceeding under this Part.
15 (c) 20 (3) (2) Despite subsection (1), the name, address, or occupation of a child may be published if the child dies as a result of an offence committed, or believed to have been committed, by— a respondent; or (a) (b) a person subject to a child harm prevention order.
The court must make an order permitting any person to publish the name, address, or occupation of a victim or witness, if— the victim or witness, having reached the age of 18 (a) years, applies to the court for such an order; and the court is satisfied that the victim or witness under- 25 stands the nature and effect of his or her decision to apply to the court for the order; and in any case where publication of the identity of the vic- tim or witness may lead to the identification of a re- spondent, or a person subject to a child harm prevention 30 order, no order has been made under section 80 pro- hibiting publication of the identity of that person.
(b) (c) (4) An order under subsection (3) ceases to have effect if— (a) (b) publication of the identity of the victim or witness may lead to the identification of a respondent or a person 35 subject to a child harm prevention order; and that person applies to a court for an order under section 80 prohibiting publication of his or her identity; and 50 Vulnerable Children Bill Part 2 cl 83 (c) the court makes the order under section 80.
82 (1) Automatic suppression of identity of respondent, or person subject to order, in certain cases This section applies if a qualifying offence upon which an ap- plication for a child harm prevention order is based is an of- 5 fence against section 130 or 131 of the Crimes Act 1961.

The purpose of this section is to protect the victim.
(2) (3) No person may publish the name, address, or occupation of a respondent to an application for child harm prevention order, or a person subject to an order, unless the court, by order, per- 10 mits that publication.
The court may make an order referred to in subsection (3) if— (a) (4) the victim (or, if there were 2 or more victims, each victim)— (i) is aged 18 years or older (whether or not he or she was aged 18 years or older when the offence was, or is believed to have been, committed); and applies to the court for such an order; and 15 (b) (ii) the court is satisfied that the victim (or, as the case re- 20 quires, each victim) understands the nature and effect of his or her decision to apply to the court for the order.
(5) An order made under subsection (4) ceases to have effect if— (a) the respondent, or the person subject to the order, ap- 25 plies to a court for an order under section 80 prohibit- ing publication of his or her identity; and the court makes the order under section 80.
(b) Compare: 2011 No 81 s 201 Procedure governing reviews by review panel 30 83 Issue of summons to attend review hearing The chairperson of the review panel may issue a summons requiring the person subject to a child harm prevention order to attend a review hearing at a specified time and date.

51 Part 2 cl 84 Vulnerable Children Bill 84 (1) (2) Issue of summons to witness The chairperson of the review panel may issue a summons calling on any person to appear as a witness in a review hear- ing.
The chairperson may not exercise the power conferred by sub- 5 section (1) on the basis of an application or request, but may do so only on his or her own initiative.

(4) (3) A summons issued under subsection (1) may require the per- son summoned to bring with him or her and produce at the hearing any document or thing that is specified in the sum- 10 mons.
The sum payable for allowances and travelling expenses, but not fees, under the Witnesses and Interpreters Fees Regula- tions 1974 must be paid or tendered to the witness— at the time the summons is served; or (a) at some other reasonable time before the day on which (b) the attendance of the witness is required.
15 Compare: 2002 No 10 s 118A; 2011 No 81 s 159 Service of summons 85 (1) A summons under section 83 or 84 may be served by— 20 (a) (b) (c) delivering it to the person being summoned; or leaving it at the person’s usual place of residence; or posting it by registered post addressed to the person at the person’s usual place of residence.

(2) The summons must be served at least 10 days before the day 25 on which the person is required to attend.
(3) A summons served under subsection (1)(c) must be treated as having been served at the time when the letter would be delivered in the ordinary course of post.

86 Protection of witnesses Every witness giving evidence before the review panel has the same privileges and immunities as a witness in a court of law.
30 Offences 87 (1) A person commits an offence if that person— (a) fails to attend in accordance with the summons; or 35 52 Vulnerable Children Bill Part 2 cl 89 (b) (c) refuses to give evidence or refuses to answer any ques- tion that the person is lawfully required by any member of the panel to answer concerning the subject of the mat- ter before the panel; or fails to produce any document or thing in accordance 5 with the summons.
(2) A person who commits an offence under subsection (1) is liable on conviction to a fine not exceeding $1,000.

Compare: 2002 No 10 s 118D.

Review panel 10 Establishment and constitution of review panel 88 (1) A review panel is established.

(2) The review panel consists of 6 members appointed by the Min- ister of Justice by written notice.
The Minister of Justice must nominate 1 member of the review 15 panel as its chairperson and another member of the review panel as its deputy chairperson, and a member so nominated must hold, or have held, office as a High Court Judge or as a District Court Judge.

Before the Minister of Justice appoints a person as a mem- 20 ber, the Minister of Justice must be satisfied that the person has experience and expertise in assessing the potential for in- dividuals to pose a high risk to public safety.
The review panel must include— (a) (b) at least 2 members who are health assessors; and at least 4 members who have experience in the operation of the New Zealand Parole Board.

25 Review hearings The quorum necessary for any review hearing is 3 members, which must include— (a) (b) (c) the chairperson or deputy chairperson; and 1 health assessor; and 1 member who has experience in the operation of the New Zealand Parole Board and who is not a health as- sessor.
30 35 53 (3) (4) (5) 89 (1) Part 2 cl 90 Vulnerable Children Bill The review panel may regulate its own procedure, subject to this Part.
5 (f) 10 (e) (c) (d) (b) Application of privileges to review hearings The following privileges are recognised for the purposes of review hearings: (a) legal professional privilege, to the extent that (under section 53(5) of the Evidence Act 2006) it forms part of the general law: privilege for communications with legal advisers (as de- scribed in section 54 of the Evidence Act 2006): privilege for preparatory materials for proceedings (as described in section 56 of the Evidence Act 2006): privilege for settlement negotiations or mediation (as described in section 57 of the Evidence Act 2006): privilege for communications with ministers of religion 15 (as described in section 58 of the Evidence Act 2006): privilege in criminal proceedings for information ob- tained by medical practitioners and clinical psycholo- gists (as described in section 59 of the Evidence Act 2006): privilege against self-incrimination (as described in sec- tion 60 of the Evidence Act 2006): privilege for informers (as described in section 64 of the Evidence Act 2006): the rights conferred on a journalist under section 68 of 25 the Evidence Act 2006 to protect certain sources.
Section 53 of the Evidence Act 2006 applies in relation to the privileges set out in subsection (1) as if the review hearing were a proceeding.
For the purposes of this Part, no privilege applies in respect 30 of any communication or information if there is a prima fa- cie case that the communication or information is made or re- ceived, or compiled or prepared,— (a) (b) for a dishonest purpose; or to enable or aid any person to commit or plan to commit 35 what the person claiming the privilege knew, or ought reasonably to have known, to be an offence.
(g) (h) 20 (i) Compare: 2012 No 2 Schedule 2 cl 62; 2012 No 24 s 136 (2) 90 (1) (2) (3) 54 Vulnerable Children Bill Part 2 cl 94 91 (1) Attendance at review hearings For the purpose of any review hearing, a person (including the person subject to the order and any counsel or witness) attends the hearing if he or she is present at the hearing, whether in per- son or by way of remote access, such as by telephone, video, 5 or Internet link.
(2) A person may only attend a review hearing by remote access if the review panel agrees.

92 (1) Decisions of review panel The decision of the majority of members in attendance at a 10 review hearing is the decision of the review panel.

(2) A decision of the review panel must be in writing and include reasons for the decision.

(3) A copy of every decision made by the review panel in relation to a child harm prevention order must be given to— (a) (b) the person subject to the order; and the Commissioner.
15 93 (1) (2) 94 Information before review panel In any review hearing, the panel may receive and take into consideration whatever information it thinks fit, whether or not 20 the information would be admissible as evidence in a court of law.

Information received by the panel may be in any form that the panel thinks fit.
Compare: 2002 No 10 s 117 25 Avoiding actual or perceived bias The chairperson must, if he or she becomes aware that a mem- ber has, or may be perceived as having, bias for or against a person subject to a child harm prevention order, require the member to excuse himself or herself from participating in a 30 meeting of the review panel that relates to that person.
Compare: 2002 No 10 s 118 55 Part 2 cl 95 Vulnerable Children Bill 95 (1) Term of appointment, and reappointment Every member of the review panel, including the chairperson, must be appointed for a term of 3 years or less.

(2) A member continues in office despite the expiry of his or her term of office until— (a) (b) the member is reappointed; or the member’s successor is appointed.
5 (3) A member who participates in a review that is not complete on the date that he or she ceases to be in office may complete his or her participation in the review after that date and is, for that 10 purpose, deemed to be in office until the review is complete.

(4) Any member may be reappointed any number of times.

(5) A member may at any time resign from office by written notice to the Minister of Justice.
96 (1) (2) 15 Remuneration and expenses of members The remuneration of any member of the review panel who is a District Court Judge or a Judge of the High Court must, so far as it relates to the Judge’s membership of the review panel, be determined by the Remuneration Authority.

Every other member of the review panel must be paid fees 20 and expenses in accordance with the framework determined by the Government from time to time for the classification and remuneration of statutory and other bodies.
(3) A person is not employed in the service of the Crown, for the purposes of the State Sector Act 1988 or the Government 25 Superannuation Fund Act 1956, merely as a result of being a member of the review panel.

97 Immunity of members No member of the review panel is personally liable for any act or omission done in pursuance, or intended pursuance, of the 30 panel’s functions, unless the act or omission was done in bad faith.
98 (1) Search and Surveillance Act 2012 amended This section amends the Search and Surveillance Act 2012.
56 Vulnerable Children Bill Part 3 cl 101 (2) In the Schedule, after the item relating to the Unsolicited Elec- tronic Messages Act 2007, insert: Vulnerable Children Act 2013 section 131 section 74(4) Constable execut- ing warrant may en- ter any premises, by force if necessary, if he or she has reason- able grounds to be- lieve that a respond- ent to an application for a child harm pre- vention order who has failed to appear in court is on those premises Legal Services Act 2011 amended This section amends the Legal Services Act 2011.
In section 6, insert as subsection (2): 99 (1) (2) “(2) For the purposes of subsection (1)(a), criminal proceedings includes an application for an interim order under section 63 of the Vulnerable Children Act 2013 if the application is made at the end of a criminal trial.” Part 3 Amendments to Acts Subpart 1—Amendments to Children, Young Persons, and Their Families Act 1989 5 10 100 Principal Act This subpart amends the Children, Young Persons, and Their 15 Families Act 1989 (the principal Act).
101 Section 2 amended (Interpretation) In section 2(1), insert in their appropriate alphabetical order: “permanent caregiver, in relation to a child or young person, means a guardian as described in paragraph (a) or (b), where 20 the order appointing the person as a guardian was made in substitution for an order under section 78, 101, or 110 or for an agreement under section 140: a special guardian: “(a) 57 Part 3 cl 102 Vulnerable Children Bill “(b) a person who has the care of the child or young person by virtue of being appointed as a guardian under section 27 of the Care of Children Act 2004 and has rights in relation to the child or young person under parenting orders made under section 48 of that Act “special guardian means a guardian of a child or young per- son appointed under section 110 who is appointed as a spe- cial guardian under section 113A “subsequent child means a child, born or unborn, who has a parent who is a person described in section 14(3)”.
5 10 Principles 102 Section 5 amended (Principles to be applied in exercise of powers conferred by this Act) After section 5(f), insert: “(g) the principle that decisions affecting a child or young 15 person should be made by adopting a holistic approach that takes into consideration, without limitation, the child’s or young person’s age, identity, cultural connec- tions, education, and health.” 20 (2) 103 Section 13 amended (Principles) (1) Below the heading to section 13, insert as subsection (1): “(1) Every court or person exercising powers conferred by or under this Part, Parts 3 or 3A, or sections 341 to 350, must adopt, as the first and paramount consideration, the welfare and interests of the relevant child or young person (as required by section 25 6).” In section 13, replace “Subject to sections 5 and 6, any court which, or person who, exercises any powers conferred by or under this Part of Part 3 or Part 3A or sections 341 to 350 shall be guided by the following principles:” with “In determining 30 the welfare and interests of a child or young person, the court or person must be guided by the principle that children and young people need to be protected from harm and have their rights upheld, and also the principles in section 5 as well as the following principles:”.
Repeal section 13(a).

(3) 35 58 Vulnerable Children Bill Part 3 cl 104 Subsequent children 104 Section 14 amended (Definition of child or young person in need of care or protection) (1) After section 14(1)(b), insert: “(ba) in the case of a subsequent child, the child’s parent (be- 5 ing a person described in subsection (3) who has the care or custody of the child) has not demonstrated that he or she meets the requirements of section 18A(2):”.
(2) After section 14(2), insert: “(3) A person described in this subsection is a person— 10 “(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 his or her 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 re- 15 moved from him or her on the basis described in sub- section (4)(a) and (b) and, in accordance with sub- section (4)(c), there is no realistic prospect that the child or young person will be returned to the person’s care.
20 “(4) Subsection (3) applies, in relation to a child or young person removed from the care of a person, if— “(a) “(b) “(c) the court has declared under section 67, or a family group conference has agreed, that the child or young person is in need of care or protection on a ground in 25 subsection (1)(a) or (b); and 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 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 agreed, that there is no realistic prospect that the child or young person will be returned to the person’s care.
35 30 “(5) If a person is a person described in subsection (3) on more than 1 of the grounds listed in that subsection, the references in subsection (1)(ba) and section 18A to the kind of harm 59 Part 3 cl 105 Vulnerable Children Bill that led a person to being a person described in subsection (3)) is taken to be a reference to any or all of the kinds of harm that led to the person being a person described in subsection (3).” 105 Section 18 amended (Referral of care or protection cases to care and protection co-ordinator or youth justice co-ordinator by social workers or constables) In section 18(1), replace “specified in section 14(1)(e)” with “specified in section 14(1)(ba) or (e)”.
106 New sections 18A to 18D inserted After section 18, insert: 5 10 “18A Assessment of person described in section 14(3) “(1) If a social worker believes on reasonable grounds that a person described in section 14(3) is a parent of a subsequent child, the social worker must prepare an assessment of whether the 15 parent meets the requirements of subsection (2) in respect of the subsequent child.
“(2) A parent meets the requirements of this subsection if,— “(a) “(b) in a case where the parent’s own act or omission led to him or her being a person described in section 14(3), 20 the parent is unlikely to inflict on the subsequent child the kind of harm that led to the parent being so de- scribed; or in any other case, the parent is unlikely to allow the kind of harm that led to the parent being a person described 25 in section 14(3) to be inflicted on the subsequent child.
“(3) The assessment of the parent must conclude that the parent does not meet the requirements of subsection (2) unless the parent demonstrates, to the satisfaction of the social worker, that he or she does meet those requirements.

30 “(4) On completing an assessment, the social worker must— “(a) decide to apply for a declaration under section 67 in re- lation to the subsequent child on the ground in section 14(1)(ba); or “(b) decide not to apply for a declaration on that ground.
35 60 Vulnerable Children Bill Part 3 cl 106 “(5) A social worker may only decide not to apply for a declaration on the ground in section 14(1)(ba) if the parent has demon- strated to the satisfaction of the social worker that he or she meets the requirements of subsection (2).
“(6) A social worker need not make an assessment under subsec- 5 tion (1) in relation to a parent if— “(a) a social worker has previously assessed the parent under this section in relation to another subsequent child of the parent and, following that assesment,— “(i) the court confirmed, under section 18C, a deci- 10 sion not to seek a declaration under section 67 in relation to that child; or a social worker applied for a declaration under section 67 that the child is in need of care or protection on the ground in section 14(1)(ba), 15 but the application was refused on the ground that the court was satisfied that the parent met the requirements of subsection (2); or “(b) before this section came into force, a social worker had “(ii) completed under section 17 an investigation of a subse- 20 quent child or young person of the parent and did not at that time form the belief that the child or young person was in need of care or protection.
“18B Application to court in relation to person described in section 14(3) 25 “(1) On making the decision referred to in section 18A(4) in rela- tion to a person described in section 14(3) and a subsequent child, a social worker must either— “(a) apply under section 67 for a declaration that the subse- quent child is in need of care or protection on the ground 30 in section 14(1)(ba); or apply to the court under this section for confirmation of a decision not to seek a declaration under section 67 on that ground.
“(b) “(2) Where an application is made under this section, no family 35 group conference need be held before the application is heard by the court, and nothing in section 70 applies.
61 Part 3 cl 106 Vulnerable Children Bill “18C Confirmation of decision not to apply for declaration under section 67 “(1) An application under section 18B(1)(b) for confirmation of a decision not to apply for a declaration that a subsequent child is in need of care or protection on the ground in sec- 5 tion 14(1)(ba) must include— “(a) information showing that the child is a subsequent child; and an affidavit, signed by the social worker, setting out the circumstances of the application and the reasons for the 10 social worker’s belief that the subsequent child’s parent meets the requirements of section 18A(2).
“(2) The application must be served in accordance with section 152(1) as if it were an application for a declaration under sec- tion 67.

“(b) 15 “(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 sec- tion 159) to represent the subsequent child.
“(4) After considering the application, the court may— “(a) “(b) confirm the decision not to seek a declaration under sec- tion 67 on the ground in section 14(1)(ba); or adjourn the hearing and require the social worker to— provide such information as the court specifies, “(i) within the period specified by the court; or reconsider all or any aspect of the assessment and decision under section 18A(4) and report to the court within a period specified by the court; or “(ii) 20 25 “(c) decline to confirm the social worker’s decision under section 18A(4).
30 “(5) The court may confirm the decision 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— “(a) is not a person described in section 14(3); or “(b) has demonstrated that he or she meets the requirements 35 of section 18A(2).
62 Vulnerable Children Bill Part 3 cl 109 “(6) Except as provided in this section, nothing in Part 3 applies in respect of an application for, or decision of a court on, con- firmation of a decision made under section 18A(4)(b).
“18D Court declining to confirm decision If, under section 18C(4)(c), the court declines to confirm a 5 social worker’s decision under section 18A(4), the applica- tion for confirmation— “(a) must be treated as an application for a declaration under section 67 made by the chief executive, as if leave of the court had been granted under section 68(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 pur- suant to section 72(3), the chief executive (or his or her representative) is entitled to attend the conference as if 15 he or she were entitled to do so under section 22(1)(a) to (h).” 10 107 Section 19 amended (Referral of care or protection cases to care and protection co-ordinator by other persons or by court) In section 19(1), after “section 14(1)”, insert “(other than on the ground specified in section 14(1)(ba))”.
20 Family group conferences 108 Section 22 amended (Persons entitled to attend family “(3) group conference) After section 22(2), insert: If a family group conference is reconvened to review a deci- sion, 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.” 25 30 109 Section 23 amended (Care and protection co-ordinator to ensure that relevant information and advice made available to family group conference) In section 23(1),— 63 Part 3 cl 110 Vulnerable Children Bill (a) (b) after “advice”, insert “that the co-ordinator considers are”; and after “functions”, insert “(including information and ad- vice relating to the health and education needs of every child or young person in respect of whom the confer- 5 ence is convened)”.
110 New section 29A inserted (Content of plan) After section 29, insert: “29A Content of plan “(1) Every plan of which a written record is prepared under section 10 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 specify a date by which the plan must be reviewed.
“(b) “(2) The review date referred to in subsection (1)(b) must be,— 15 “(a) “(b) 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 in any other case, within 12 months after that date.” Section 34 amended (Chief executive to give effect to decisions, recommendations, and plans of family group conference) In section 34(1), replace “it is clearly impracticable” with “the chief executive considers that it is impracticable, unreason- able,”.
20 25 Section 35 amended (Police to comply with decisions, recommendations, and plans of family group conference) In section 35, replace “it is clearly impracticable” with “it is impracticable, unreasonable,”.

Section 36 amended (Family group conference may reconvene to review its decisions, recommendations, and plans) In the heading to section 36, replace “may” with “to”.
Replace section 36(1) with: 30 111 112 113 (1) (2) 64 Vulnerable Children Bill Part 3 cl 113 “(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 confer- ence— “(a) must (subject to subsection (1A)) reconvene the con- 5 ference 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 a social worker; and 10 “(c) must reconvene the conference if required to do so, in accordance with subsection (1B), by an iwi social ser- vice, a cultural social service, or a child and family sup- port service, but only if that service— “(i) was the body or organisation that referred the 15 relevant child or young person to a care and pro- tection co-ordinator under section 19; or is a body or organisation directly involved in the implementation of the decision, recommen- dation, or plan to be considered; and “(d) may reconvene the conference, at any time, at the co-or- dinator’s own motion or at the request of at least 2 mem- bers of the conference that made or formulated the de- cision, recommendation, or plan under review.
“(ii) 20 “(1A) Subsection (1)(a) does not apply if— 25 “(a) the care and protection co-ordinator, after consulting the social worker, 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 fol- lowing orders in respect of the child or young person to 30 whom the plan relates: “(i) “(ii) “(iii) a custody order (other than an interim order) a services order under section 86: a support order under section 91: under section 101: 35 “(iv) a guardianship order under section 110 that ap- points any person as the sole guardian of the child or young person: 65 Part 3 cl 114 Vulnerable Children Bill “(v) a special guardianship order under section 113A.
“(1B) A social worker, 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 5 if the social worker or service is satisfied that there has been a change of circumstances such that the decision, recommenda- tion, or plan no longer adequately addresses the needs of the child or young person to whom it relates.” Subsequent children 10 114 Section 67 amended (Grounds for declaration that child or young person is in need of care or protection) In section 67, insert as subsection (2): “(2) However, if the application is made on the ground in sec- tion 14(1)(ba) in relation to a subsequent child who has a 15 parent who is a person described in section 14(3), the court must make the declaration unless satisfied that the parent has demonstrated that he or she meets the requirements of section 18A(2).” Permanent caregivers 20 115 New section 86B inserted (No services orders in respect of permanent caregivers) After section 86A, insert: “86B No services orders in respect of permanent caregivers “(1) Despite sections 86 and 86A, a court must not make a services 25 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 a child or young person who is, or is to be, in the care 30 of a permanent caregiver.
“(b) 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,— 35 “(2) 66 Vulnerable Children Bill Part 3 cl 117 “(a) “(b) on and from that date, sections 134 to 137 have no effect so far as they relate to the order; and the order ceases to have effect on the date on which it is next due for review.
” Special guardians 116 Section 107 amended (Person in whose custody child or young person is placed may determine access rights in absence of court order) In section 107(b), after “an order under”, tion 113B(1)(b) or”.
insert “sec- 5 10 117 Section 110 replaced (Guardianship orders) Replace section 110 with: “110 Guardianship orders “(1) Where the court makes a declaration under section 67 in rela- tion to any child or young person, or on an application referred 15 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) “(b) “(c) “(d) “(e) the chief executive: an iwi social service: a cultural social service: the director of a child and family support service: any other person.
20 “(2) A guardian appointed under subsection (1) must be ap- pointed as— “(a) “(b) the sole guardian of the child or young person; or a guardian of the child or young person in addition to any other guardian.

25 “(3) The director of a child and family support service may not be “(4) appointed as the sole guardian of a child or young person.
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 ap- pointing the person as a special guardian of the child or young person (including when the order under this section is made at 35 a hearing under section 127).
30 67 Part 3 cl 117 Vulnerable Children Bill “110A Application for change of guardianship order “(1) If a person is, in relation to a child or young person, a perman- ent 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 guardian- 5 ship order under section 113A.
“(2) Leave of the court may be given only if the court is satisfied that— “(a) “(b) the application is made with the intention of replac- ing a guardianship order made under section 27 of the 10 Care of Children Act 2004 and all associated parenting orders under section 48 of that Act with the guardian- ship orders referred to in subsection (1); and the person has exercised all available mechanisms available under the Care of Children Act 2004 to re- 15 solve 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 20 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 25 orders applied for only if— “(a) the court is satisfied that— “(i) the person has been unable to effectively exercise his or her guardianship responsibilities or respon- sibilities to provide day-to-day care to the child or young person under the orders made under the 30 Care of Children Act 2004; and 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 35 “(ii) “(iii) the child’s or young person’s welfare is being threatened or seriously disturbed as a result; and following an application under section 29A of the Care of Children Act 2004, the court will at the same time re- “(b) 68 Vulnerable Children Bill Part 3 cl 118 voke both the person’s appointment as a guardian under that Act and any associated parenting orders under sec- tion 48 of that Act.” 118 New sections 113A and 113B inserted After section 113, insert: “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) 5 “(b) the appointment is made for the purpose of providing 10 the child or young person with a long-term, safe, nur- turing, stable, and secure environment that enhances his or her interests; and either— “(i) the child or young person has no other guardian; 15 or the special guardian either replaces, or is addi- tional to, an existing guardian of the child or young person.
“(ii) “(2) For the purposes of this section and section 113B, existing 20 guardian means a person (other than a special guardian) who, immediately before the special guardianship order was made in respect of a child or young person, is a guardian of the child or young person.
“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 sec- tion,— “(a) 25 the special guardian has custody of the child or young 30 person, and— “(i) no order under section 101 may be made in re- spect of the child or young person; but section 114(2)(b) and (c) applies as if the special guardian were a sole guardian; and “(ii) 35 “(b) the order must specify the access and other rights (not being custody or guardianship rights), including any 69 Part 3 cl 118 Vulnerable Children Bill terms and conditions that apply to those rights, of each existing guardian in relation to the child or young per- son.
“(2) Where a special guardianship order specifies the access and other rights of any existing guardian,— “(a) 5 no existing guardian may apply for an order under sec- tion 121(2)(c) or (d) concerning his or her 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 10 if the special guardian were a sole guardian; and section 122 applies to any access rights specified in the order as if those access rights access had been granted by an order made under section 121.
“(b) If a person who is appointed as the sole guardian of a child 15 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 pur- 20 poses 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.
If a person who is appointed as an additional guardian 25 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 30 special guardian and which are to be shared between the existing guardian and the special guardian; and the order must require that the existing guardian is in- formed of any decisions made by the special guardian in the exercise of any guardianship rights held exclusively 35 by the special guardian; and the provisions of guardians apply, except as follows: relating to additional this Act “(b) “(c) “(3) “(4) 70 Vulnerable Children Bill Part 3 cl 119 “(i) “(ii) no existing guardian may apply under section 115 in respect of any guardianship rights held exclu- sively by the special guardian; and sections 134 and 135 (about reviewing plans) do not apply to the court plan that was prepared for 5 the purposes of section 128; and “(iii) despite section 117(1)(a), the order ceases to have effect when the child or young person at- tains the age of 18 years or sooner marries or enters into a civil union.
10 “(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 tempor- ary basis, the special guardian must,— “(a) “(b) if the child or young person, immediately before the 15 guardianship order was made, was in the custody of the chief executive or a natural person, advise a social worker; or if the child or young person, immediately before the guardianship order was made, was in the custody of an 20 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) 7(2)(e) does not apply in respect of a child or young person in 25 respect of whom a special guardianship order is made.
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 modifi- cations to each existing guardian and each special guardian.” 30 119 Section 125 amended (Application for variation or discharge of orders made under this Part) (1) After section 125(1)(g), insert: “(ga) any special guardianship order made under section 113A, (but only with leave, as required by subsection 35 (1A)):”.
(2) After section 125(1), insert: 71 Part 3 cl 120 Vulnerable Children Bill “(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, a social worker, an iwi social service, a cultural social service, 5 or the director of a child and family support service; or all parties to the proposed application agree to the mak- ing of the application.
“(b) “(1B) Leave may be given for the purpose of subsection (1A) only if— “(a) “(b) 10 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 in the case of an application for variation, there has been a significant change in the circumstances of the child 15 or young person to whom the order relates, or in the circumstances of his or her parents or any guardian.” 120 Section 128 amended (Court to obtain and consider plan for child or young person before making certain orders) After section 128(2)(d), insert: “(e) a special guardianship order under section 113A.” 20 Plans and agreements 121 Section 130 amended (Content of plans) Replace section 130(d) and (e) with: (1) “(d) “(e) state the responsibilities and personal objectives of the 25 child or young person: state the responsibilities and personal objectives of any parent, guardian, or other person who, under the plan, will have the care of the child or young person: “(ea) set out the following: 30 “(i) the responsibilities and personal objectives of any parent, guardian, or other person who, under the plan, will not have the care of the child or young person, but who had the care of the child or young person immediately before the plan 35 was formulated: 72 Vulnerable Children Bill Part 3 cl 123 “(ii) the steps that each such parent, guardian, or other person must take, or the behavioural changes each must make, before the child or young per- son can be returned to his or her care: “(iii) the time frames within which those steps or 5 “(iv) changes must be taken or made: the time within which a decision will be made about whether to return the child or young per- son to the care of any parent, guardian, or other person:”.
10 In section 130, insert as subsections (2) and (3): (2) “(2) A plan need not contain the matters set out in subsection (1)(ea) if the plan is prepared on the basis that there is no real- istic possibility that the child or young person will be returned to the care of a parent, guardian, or other person who had the 15 care of the child or young person before the plan was formu- lated.
If a plan does not contain the matters set out in subsection (1)(ea), it must, instead, set out the child’s or young person’s long-term needs and proposals for how those needs will be 20 met.” “(3) 122 Section 135 amended (Review of plan) Replace section 135(4) with: “(4) On the request of a person who is required to review a plan, for the purpose of reviewing the plan a care and protection 25 co-ordinator— “(a) must convene a family group conference, unless the plan relates only to a services order under section 86; and “(b) may convene a family group conference if the plan re- 30 lates only to a services order.” 123 Section 140 amended (Agreements for extended care of children and young persons by chief executive, iwi social service, etc) In section 140(1)(c), after “days”, insert “; or”.
(1) (2) After section 140(1)(c), insert: 35 73 Part 3 cl 124 Vulnerable Children Bill “(d) with the agreement of any person referred to in para- graphs (a) to (c) or any other person approved by the chief executive for the purpose of this paragraph, place a young person aged 15 years or more in the care of that person for the purpose of assisting the young person to 5 achieve independence.” (3) In section 140(2), replace “subsection (1)” with “subsection (1)(a) to (c)”.
(4) After section 140(2), insert: “(3) An agreement made under subsection (1)(d) may be entered 10 into for any period of up to 12 months and may, if approved by a family group conference convened for the purpose, be extended by any further periods of up to 12 months.” 124 Section 141 amended (Agreements for extended care of (1) severely disabled children and young persons) In section 141(3), replace “2 years” with “1 year” in each place.
15 (2) After section 141(3), insert: “(3A) On and after the date on which section 110 of the Vulner- able Children Act 2013 comes into force, the time periods 20 referred to in subsection (3) apply only to an agreement, or an extension to an agreement, that is entered into or agreed to on or after that date.” 125 Section 145 amended (Agreement not to be made without 25 approval of family group conference) Replace section 145(1)((b) and (c) with: “(b) in the case of a proposed agreement under section 141 or 142, the family group conference has thoroughly ex- plored what services and supports, such as those pro- vided or funded by the Ministry of Health, are available 30 to, or in respect of, the child or young person in his or her home environment; and the family group conference approves the making of the agreement; and a care and protection co-ordinator issues a certificate to 35 the effect,— “(c) “(d) (1) 74 Vulnerable Children Bill Part 3 cl 127 “(i) “(ii) in all cases, that the requirements of paragraphs (a) and (c) have been complied with; and in the case of a proposed agreement under sec- tion 141 or 142, that the family group conference has thoroughly explored the matters referred to 5 in paragraph (b); and “(iii) in all cases, that the co-ordinator is satisfied that, having regard to the objects, considerations, and principles in sections 4, 5, 6, and 13, the agree- ment is an appropriate care option for the child 10 or young person.” In section 145(2), replace “may” with “must”.
(2) (3) After section 145(2)(b), insert: “(c) whether an agreement entered into under section 140(1)(d) for the purpose of assisting a young person 15 to achieve independence should be extended or termin- ated.” 126 Section 147 amended (Further restrictions on making (1) (2) agreements) In section 147(1), 140(1)(a) to (c)”.

In section 147(2), 140(1)(a) to (c)”.
replace “section 140” with “section 20 replace “section 140” with “section Reports by social workers 127 Section 186 amended (Report by social worker) Replace section 186(1) and (2) with: “(1) Where the court makes a declaration under section 67, the court— “(a) must obtain and consider a report from a social worker before making— “(i) a custody order under section 101 (other than an interim custody order) placing the child or young person in the custody of any person listed in sec- tion 101(1); or a guardianship order under section 110 that ap- 35 points the chief executive, an iwi social service, “(ii) 25 30 75 Part 3 cl 127 Vulnerable Children Bill a cultural social service, or any other person as the sole guardian of the child or young person to whom the declaration relates; or “(iii) a special guardianship order under section 113A; and 5 “(b) may obtain and consider a report from a social worker before making any other order referred to in section 83(1) or 84(1).
“(2) the social worker must consider whether 10 In the course of preparing a report for the purposes of sub- section (1)(a), there is a realistic possibility that the child or young person to whom the report relates will be returned to the care of the parent, guardian, or other person who had the care of the child or young person before the declaration under section 67 was made.
15 “(2A) Every report provided to the court pursuant to subsection (1)(a) must (without limiting subsection (3)) make a recom- mendation, with reasons, on whether there is a realistic possi- bility that the child or young person to whom the report relates can be returned to the care of the parent, guardian, or other per- 20 son who had the care of the child or young person before the declaration under section 67 was made, and— “(a) if there is such a realistic possibility, must— “(i) “(ii) set out the steps that the parent, guardian, or other person must take, or the behavioural changes that 25 he or she must make, before the child or young person can be returned to his or her care; and recommend a time when, or a period within which, the option of returning the child or young person to the care of the parent, guardian, or 30 other person will be pursued, having particular regard to the age of the child or young person; or “(b) if there is no such realistic possibility, set out— “(i) the child’s or young person’s likely long-term needs, and proposals for how those needs will be 35 met; and if a special guardianship order under section 113A is contemplated, a recommendation about if any, should be which guardianship rights, “(ii) 76 Vulnerable Children Bill Part 3 cl 130 shared between the special guardian and the existing guardian.” Related amendments to youth justice provisions 128 Section 261 amended (Family group conference may make decisions, recommendations, and plans relating to care or protection of child or young person) In section 261(2), replace “sections 30 to 38” with “sections 29A to 38”.
5 (1) 129 Section 268 amended (Chief executive to give effect to decisions, recommendations, and plans of family group conference) In section 268(1), replace “it is clearly impracticable” with “the chief executive considers that it is impracticable, unrea- sonable,”.

In section 268(2), replace “it is clearly impracticable” with 15 “the chief executive considers that it is impracticable, unrea- sonable,”.
(2) 10 130 Section 270 amended (Family group conference may 20 reconvene to review its decisions, recommendations, and plans) In the heading to section 270, replace “may” with “to”.
Replace section 270(1) with: (1) (2) “(1) For the purpose of reviewing a decision, recommendation, or plan made or formulated by a family group conference under section 261, the youth justice co-ordinator who convened the 25 conference— “(a) must reconvene the conference if required to do so by a social worker, an iwi social service, a cultural social service, or the director of a child and family support service; and 30 “(b) may reconvene the conference at any time, at the co-or- dinator’s own motion or at the request of at least 2 mem- bers of that conference.
“(1A) A social worker may require a youth justice co-ordinator to re- convene a family group conference under subsection (1)(a) 35 77 Part 3 cl 131 Vulnerable Children Bill only if the chief executive is required under section 34 to give effect to the decision, recommendation, or plan to be reviewed.
“(1B) An iwi social service, a cultural social service, or the director of a child and family support service may require a youth just- ice co-ordinator to reconvene a family group conference under 5 subsection (1)(a) only if the service is directly involved in the implementation of the decision, recommendation, or plan to be reviewed and has agreed to it under section 30.” Achieving independence 131 New section 386A and cross-heading inserted 10 After section 386, insert: “Transition from care to independence “386A Advice and assistance for people moving from care to independence “(2) “(1) This section applies to a person aged between 15 and 20 years 15 who has, for at least 3 months, been in the care or custody of the chief executive, an iwi social service, a cultural social ser- vice, or the director of a child and family support service, pur- suant to any agreement or order specified in section 361(1)(a), (c), or (d).
If a person to whom this section applies is in the care or cus- tody of the chief executive, an iwi social service, a cultural social service, or the director of a child and family support ser- vice, the person or organisation who has the care or custody of the person must— “(a) consider what advice and assistance the person will need to become and remain independent after he or she leaves care or custody; and 25 20 “(b) provide, or arrange for the provision of, that advice and assistance to the person, to the extent that it reasonably 30 relates to the period before the person leaves care or custody.
If a person to whom this section applies requests advice or assistance after he or she leaves the care or custody of an iwi social service, a cultural social service, or the director of a 35 child and family support service, the agency that receives the request must refer the request to the chief executive.
“(3) 78 Vulnerable Children Bill Part 3 cl 131 “(4) On receiving a request for advice or assistance from a person to whom this section applies who has left the care or custody referred to in subsection (1), the chief executive— “(a) must provide, or arrange for, the provision of such ad- vice and assistance (not being direct financial assist- 5 ance) as the chief executive in his or her discretion con- siders necessary to enable the person to achieve inde- pendence; and “(b) may, in exceptional circumstances, provide financial as- sistance of the sort described in subsection (5), but 10 only if— “(i) the assistance is necessary to enable the person to transition from care to independence; and the chief executive has considered what other fi- nancial assistance is available to the person.
“(ii) 15 20 “(5) Without limiting subsection (4)(a), the advice and assistance provided may include any of the following: “(a) “(b) giving information: assisting the person to obtain accommodation, enrol in education or training, or obtain employment: legal advice: counselling.
“(c) “(d) “(6) The chief executive may provide the following kinds of finan- “(7) cial assistance under subsection (4)(b): “(a) contributing to the expenses incurred by the person in 25 living near the place where he or she is or will be— employed or seeking employment; or “(i) receiving education or training: “(ii) “(b) making a grant to assist the person to meet expenses connected with his or her education or training.
If the chief executive is providing financial assistance to a per- son that includes making a contribution or grant with respect to a course of education or training, the chief executive may— continue to do so even though the person reaches the “(a) age of 20 years before completing the course; and “(b) disregard any interruption in the person’s attendance at the course if the person resumes it as soon as practic- able.” 30 35 79 Part 3 cl 132 Vulnerable Children Bill Permanent caregivers 132 Section 389 amended (Financial and other assistance in other cases) In section 389, insert as subsections (2), (3), and (4): “(2) Despite subsection (1), the chief executive must provide finan- 5 cial assistance under this section to a permanent caregiver of a child or young person if— “(a) the need for financial assistance arises from the care and protection needs or the extraordinary health, education, or developmental needs of the child or young person; 10 and the financial needs are greater than it is reasonable to expect the permanent caregiver to meet; and the financial needs cannot be met by existing sources of support under this Act or any other enactment, and are 15 unlikely to be provided otherwise; and it is reasonable in the circumstances for the chief execu- tive to provide the financial assistance; and the provision of financial assistance is consistent with any general or special directions (not inconsistent with 20 this section) given to the chief executive in writing by the Minister.
“(b) “(c) “(d) “(e) “(3) A direction given for the purpose of subsection (2)(e) (other than a direction of that kind that relates exclusively to an indi- vidual) must be published in the Gazette.
25 “(4) A direction referred to in subsection (3) is a disallowable in- strument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.” 133 New sections 389A and 389B inserted 30 After section 389, insert: “389A Review of decisions about financial assistance to permanent caregivers “(1) A permanent caregiver who is dissatisfied with any decision of the chief executive regarding the provision of financial assist- 35 ance under section 389(2) may apply for an internal review of that decision.
80 Vulnerable Children Bill Part 3 cl 133 “(2) The internal review must be conducted in accordance with a process established from time to time by the chief executive for that purpose, and must either confirm or modify the original decision.

“(3) A confirmed or modified decision is for all purposes to be 5 treated as the decision of the chief executive under section 389(2).
“389B Appeal against decisions about financial assistance to permanent caregivers “(1) A permanent caregiver who has applied for a review of a de- 10 cision under section 389(2) may appeal to the Family Court against the decision if he or she— “(a) has not received notification of the outcome of the re- view within 3 months after the application was lodged; or is dissatisfied with the outcome of the review.
“(b) “(2) An appeal under this section may be made only on the ground that the decision is wrong or unreasonable, or both.

“(3) The appeal must be made by filing a written notice of appeal in the Family Court, and the notice of appeal must— “(a) set out the particulars supporting the grounds of appeal and the relief sought; and “(b) be served on the chief executive in accordance with rules of court.
15 20 “(4) After being served with a notice of appeal, the department 25 must file in the Family Court a report that contains the deci- sion appealed against, the considerations to which regard was had in making that decision, and a copy of all information that the chief executive had when making it.
“(5) The Family Court may (on an application for the purpose, or 30 its own initiative), but is not obliged to, appoint a lawyer for the child or young person to whom the appeal relates, in which case sections 159(2) and (3), 161, and 162 apply accordingly with any necessary modifications.

“(6) An appeal under this section is by way of rehearing, and is to 35 be heard and determined in accordance with this section and rules of court.
81 Part 3 cl 134 Vulnerable Children Bill “(7) The Family Court’s determination of the appeal may confirm, modify, or reverse the decision appealed against, and the chief executive must give effect to that determination.
“(8) A Family Court’s determination of an appeal under this section is final.” 5 Appointments outside State Sector Act 1988 134 Section 423 amended (Appointment of care and protection co-ordinators) Replace section 423(1) with: (1) “(1) The chief executive must appoint a sufficient number of care 10 and protection co-ordinators.
“(1A) Care and protection co-ordinators may— “(a) be appointed under the State Sector Act 1988; or “(b) be employees of an iwi social service, a cultural social service, or the director of a child and family support 15 service.” (2) After section 423(2), insert: “(3) An employee of an iwi social service, of a cultural social ser- vice, or of the director of a child and family support service— “(a) may be appointed as a care and protection co-ordinator 20 for a term of not more than 3 years, but the term may be renewed by the chief executive from time to time; and “(b) may have his or her appointment as a care and protec- tion co-ordinator cancelled (without compensation) by the chief executive on any ground that the chief execu- 25 tive considers justifies removal from the office; but the removal may only take place after consultation with the person’s employer and after a process that accords with the principles of natural justice has been completed; and ceases to be appointed as a care and protection co-or- 30 dinator (and no compensation is payable with respect to that loss of office) if he or she ceases to be an employee of the iwi social service, cultural social service, or dir- ector of a child and family support service (as applic- able) under which he or she was originally appointed; 35 and “(c) 82 Vulnerable Children Bill Part 3 cl 135 “(e) “(d) must perform his or her duties as a care and protection co-ordinator independently of his or her employer; and in performing those duties, must have regard to any guidance for care and protection co-ordinators that is issued by the chief executive.” 135 Section 425 amended (Appointment of youth justice co-ordinators) Replace section 425(1) with: (1) “(1) The chief executive must appoint a sufficient number of youth justice co-ordinators.
“(1A) Youth justice co-ordinators may— “(a) be appointed under the State Sector Act 1988; or “(b) be employees of an iwi social service, a cultural social service, or the director of a child and family support service.” (2) After section 425(2), insert: “(3) An employee of an iwi social service, of a cultural social ser- vice, or of the director of a child and family support service— “(a) may be appointed as a youth justice co-ordinator for 5 10 15 a term of no more than 3 years, but the term may be 20 renewed by the chief executive from time to time; and “(b) may have his or her appointment as a youth justice co-ordinator cancelled (without compensation) by the chief executive on any grounds that the chief executive considers justifies removal from the office; but the re- 25 moval may only take place after consultation with the person’s employer and after a process that accords with the principles of natural justice has been completed; and ceases to be appointed as a youth justice co-ordinator (and no compensation is payable with respect to that 30 loss of office) if he or she ceases to be an employee of the iwi social service, cultural social service, or director of a child and family support service (as applicable) under which he or she was originally appointed; and “(d) must perform his or her duties as a youth justice co-or- 35 “(c) dinator independently of his or her employer; and 83 Part 3 cl 136 Vulnerable Children Bill “(e) in performing those duties, must have regard to any guidance for youth justice co-ordinators that is issued by the chief executive.” 136 Section 427 amended (Delegation of functions of care and protection co-ordinator or youth justice co-ordinator to social worker) After section 427(1), insert: 5 “(1A) Subsection (1) does not apply to a care and protection co-or- dinator, or to a youth justice co-ordinator, who is an employee of an iwi social service, a cultural social service, or the director 10 of a child and family support service.” Related amendment to Care of Children Act 2004 This section amends the Care of Children Act 2004.
137 Amendment to Care of Children Act 2004 (1) (2) After section 29, insert: “29A Revocation of appointment as guardian “(1) The court may, on application, revoke the appointment under section 27 of a person as a guardian of a child or young person if— “(a) 15 20 the person is a permanent caregiver (as defined in sec- tion 2(1) of the Children, Young Persons, and Their Families Act 1989) who is not a special guardian (as defined in that Act); and the application is made at the same time as an applica- 25 tion referred to in section 110A of that Act; and a guardianship order under section 110 of that Act, and a special guardianship order under section 113A of that Act, are made.
“(b) “(c) If the court revokes an appointment under this section, it must 30 discharge, under section 56, the associated parenting order under section 48 that confers on the person the role of provid- ing day-to-day care for the child and any associated parenting order that provides for any specified person to have contact with the child.” 35 “(2) 84 Vulnerable Children Bill Part 3 cl 140 Subpart 2—Amendments to KiwiSaver Act 2006 138 Principal Act This subpart amends the KiwiSaver Act 2006 (the principal Act).
5 (2) 139 Section 4 amended (Interpretation) (1) In section 4(1), definition of guardian, after “the Care of Chil- dren Act 2004”, insert “, but excludes a CYPFA guardian”.
In section 4(1), insert in its appropriate alphabetical order: “CYPFA guardian, of a person, means any other person— 10 appointed by an order under section 110(1)(a) to (d) “(a) of the Children, Young Persons, and Their Families Act 1989 as the sole guardian, or as a guardian of the per- son in addition to any other guardians (whether or not guardians by virtue of that Act), of the person; or “(b) whose sole guardianship of the person arises under sec- tion 119 of that Act (about the death of a guardian ap- pointed under section 110(1)(e) of that Act who, on his or her death, was the person’s sole guardian)”.
15 140 Section 35 amended (Opting in by persons under 18) (1) In section 35(3),— (a) after “with a guardian”, insert “or a CYPFA guardian”; and after “and 1 of their guardians”, insert “or CYPFA guardians”.
(b) 20 25 (2) After section 35(4), insert: “(5) A person who is less than 16 years with a CYPFA guardian may opt in if the CYPFA guardian while his or her guardian- ship of the person has effect (and independently from the per- son, and from all other, if any, CYPFA guardians, guardians, 30 or both, of the person) contracts directly with a provider, in the name of the person.
If the provider accepts the person, then the person is treated as–– “(a) “(b) 18 years for the purposes of the Minors’ Contracts Act 35 contracting directly with the provider; and 1969; and 85 Part 3 cl 141 Vulnerable Children Bill “(6) opting in under section 34(1)(a).
“(c) If a person who is less than 16 years with a CYPFA guardian is a member of a KiwiSaver scheme (whether opted into before or while the CYPFA guardian’s guardianship has effect), the CYPFA guardian has for the purposes of this Act, while the 5 CYPFA guardian’s guardianship has effect, authority (instead of all guardians, if any, of the person, and independently from the person, and from all other, if any, CYPFA guardians of the person) to make decisions (for example, voluntary transfer decisions), or to take other steps, in respect of the person’s 10 membership of the scheme.” 141 Children, Young Persons, and Their Families Act 1989 (1) (2) (3) (4) 15 amended This section amends the Children, Young Persons, and Their Families Act 1989.
In section 2(1), definition of guardianship, after “correspond- ing meaning”, insert “, and includes, without limitation, a per- son who is a guardian by virtue of this Act”.

In section 390(1)(a), after “any bank”, insert “, or opt into a KiwiSaver scheme in the name of the young person under 20 section 35(3) or (5) of the KiwiSaver Act 2006”.

In section 390(1)(b), after “into that account”, insert “or into any KiwiSaver scheme (whenever it was opted into) of which the young person is a member”.
(5) After section 390(3), insert: “(4) Subsections (2) and (3) do not apply to, or to money standing to the young person’s credit in, a KiwiSaver scheme of which the young person is a member, and do not limit or affect section 35(6) of the KiwiSaver Act 2006 (which authorises specified guardians under this Act to make decisions or take steps in re- 30 spect of a KiwiSaver scheme membership of a person younger than 16 years).” 25 86 Vulnerable Children Bill Schedule 1 Schedule 1 Regulated activities s 23 5 (c) (d) The following child and family-focused activities are regulated ac- tivities: (a) (b) child welfare and protection services: health services and disability support services (as defined in the New Zealand Public Health and Disability Act 2000) pro- vided specifically to children: child care and early years education provided outside a child’s home: schooling and education provided by registered schools or early childhood services (as defined in the Education Act 1989): child residential services: youth justice services: child social or support services: other activities specified by regulations made under section 31.
However, arrangements (such as lift shares, baby-sitting, and informal child 20 care) are not regulated activities.
family arrangements and personal, non-commercial (e) (f) (g) (h) 15 10 87 Schedule 2 Vulnerable Children Bill Schedule 2 Specified offences s 23 (1) An offence against any of the following sections of the Crimes Act 1961 is a specified offence for the purpose of subpart 3 of Part 1: (a) (b) 5 10 15 section 128B (sexual violation): section 129 (attempted sexual violation and assault with intent to commit sexual violation): section 129A (sexual conduct with consent induced by certain threats): section 130 (incest): section 131 (sexual conduct with dependent family member): section 131B (meeting young person following sexual grooming, etc): section 132 (sexual conduct with child under 12): section 134 (sexual conduct with young person under 16): section 135 (indecent assault): section 138 (sexual exploitation of person with signifi- 20 cant impairment): section 144A (sexual conduct with children and young people outside New Zealand): section 144C (organising or promoting child sex tours): section 154 (abandoning child under 6): section 167 (murder): section 171 (manslaughter): section 173 (attempt to murder): section 178 (infanticide): section 188 (wounding with intent): section 189(1) (injuring with intent to cause grievous bodily harm): section 191 (aggravated wounding or injury): section 194 (assault on child): section 195 (ill-treatment or neglect of child or vulner- 35 able adult): section 195A (failure to protect child or vulnerable adult): 30 25 (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) (s) (t) (u) (v) (w) 88 Vulnerable Children Bill Schedule 2 (x) (y) (z) section 198 (discharging firearm or doing dangerous act with intent): section 208 (abduction for purposes of marriage or sex- ual connection): section 210 (abduction of young person under 16).
5 (2) An offence that is equivalent to an offence against any section of the Crimes Act 1961 referred to in subclause (1), but that was committed against a provision of the Crimes Act 1961 that has been repealed, is a specified offence.

(3) An attempt to commit any offence referred to in subclause 10 (1) or (2), where the offence is not itself specified as an attempt and the provision does not itself provide that the offence may be completed on an attempt, is a specified offence.
(4) A conspiracy to commit any offence referred to in subclause (1) or (2) is a specified offence.
15 89 Schedule 3 Vulnerable Children Bill Schedule 3 Qualifying offences s 47 The following are qualifying offences for the purposes of Part 2: (a) an offence against any of the following sections of the 5 Crimes Act 1961: (i) section 131B (meeting young person following sexual grooming, etc): section 132 (sexual conduct with child under 12): section 134 (sexual conduct with young person 10 under 16): section 144A (sexual conduct with children and young people outside New Zealand): section 154 (abandoning child under 6): section 178 (infanticide): section 210 (abduction of young person under 16): 15 (ii) (iii) (iv) (v) (vi) (vii) (b) 20 (iii) an offence against any of the following sections of the Crimes Act 1961 if the victim of the offence was a child at the time the offence was committed: section 128B (sexual violation): (i) section 129 (attempted sexual violation and as- (ii) sault with intent to commit sexual violation): section 129A (sexual conduct with consent in- duced by certain threats): section 130 (incest): section 131 (sexual conduct with dependent fam- ily member): section 135 (indecent assault): section 138 (sexual exploitation of person with 30 significant impairment): (vi) (vii) (iv) (v) 25 (viii) section 167 (murder): (ix) (x) (xi) (xii) (xiii) section 195 (ill-treatment or neglect of child or section 171 (manslaughter): section 173 (attempt to murder): section 188 (wounding with intent): section 189 (injuring with intent): 35 vulnerable adult): (1) 90 Vulnerable Children Bill Schedule 3 (xiv) section 208 (abduction for purposes of marriage or sexual connection): an offence that is equivalent to an offence against any section of the Crimes Act 1961 referred to in para- graph (a) or (b) but that was committed against a pro- 5 vision of the Crimes Act 1961 that has been repealed: an attempt to commit any offence referred to in para- graphs (a) to (c), where the offence is not itself speci- fied as an attempt and the provision does not itself pro- vide that the offence may be completed on an attempt: a conspiracy to commit any offence referred to in para- graphs (a) to (c).
10 (c) (d) (e) (2) An offence specified in subclause (1) is a qualifying offence for the purposes of Part 2 whether the offence was committed before or after the commencement of that Part.

15 12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2013 91