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Vulnerable Children Bill Government Bill As reported from the Social Services Committee Commentary Recommendation The Social Services Committee has examined the Vulnerable Chil- dren Bill and recommends by majority that it be passed with the amendments shown.

Introduction—bill as introduced The Vulnerable Children Bill is an omnibus bill which aims to protect and improve the well-being of vulnerable children.
These reforms were initially proposed in the White Paper for Vulnerable Children and the Children’s Action Plan, released in October 2012.

The bill is intended to create two new Acts: the Vulnerable Children Act and the Child Harm Prevention Orders Act.

It also proposes substantive amendments to the Children, Young Persons, and Their Families Act 1989 (the CYPF Act) and the KiwiSaver Act 2006.
150—2 2 Vulnerable Children Bill Commentary Cross-agency measures to protect vulnerable children The bill would require the chief executives of specified agencies1 to work together on a “vulnerable children’s plan” for achieving the Government’s priorities in this area.
District health boards, school boards, “prescribed state services”,2 and certain people contracted to or funded by them would be required to have child protection policies, with provisions for identifying and reporting child abuse and neglect.

The bill would require the “safety checking” of people who are paid to work with children,3 in the state sector and in organisations funded by the government, and restrict the employment or engagement of persons with certain convictions.
Child harm prevention orders The bill proposes a new legal instrument, a civil order called the “child harm prevention order”.

Courts would issue such orders against those who pose a high risk of offending that will cause serious harm to children.
Child harm prevention orders would contain standard terms, such as the requirement to notify any change of address, and specific terms to mitigate the risk posed by the particular person, such as prohibitions on living with any specified It would be an offence to breach a children or class of children.

child harm prevention order, with a penalty of up to two years’ imprisonment.
Amendments to the Children, Young Persons, and Their Families Act The bill seeks to strengthen the principles in the CYPF Act by making the child’s welfare and interests the paramount consideration, and 1 Those administering the CYPF Act, the Education Act 1989, the New Zealand Public Health and Disability Act 2000, the Policing Act 2008, and the Sentencing Act 2002.
2 Prescribed state services as listed in clause 15 include the Ministries of Busi- ness, Innovation, and Employment, Education, Health, Justice, Māori De- velopment, and Social Development, and the New Zealand Police.

3 Paid workers include those undertaking unpaid work as part of educational or vocational training courses.

Commentary Vulnerable Children Bill 3 by making more prominent the principles of protecting children and upholding their rights.
The bill introduces a new ground for declaring a child to be in need of care or protection: where the parent has previously had a child permanently removed because of abuse or neglect, or had been con- victed of the murder, manslaughter or infanticide of a child in their care.

Any subsequent child would be considered to be in need of care or protection unless the parent has demonstrated that they no longer posed a risk of causing or allowing similar harm.
The bill aims to reinvigorate the family group conference mechan- ism.

Plans prepared by family group conferences would have to in- clude certain information, such as the services needed, the respon- sibilities and objectives of the child and parent, and time-frames for achieving them, and a date to reconvene to review the group deci- sions.

The bill proposes similar changes to court plans and social workers’ reports to the court.
The bill introduces a new type of long-term care and guardianship under the CYPF Act, called “special guardianship”, for children previously in the care of the Ministry of Social Development or an approved social service under the Act.

It differs from additional guardianship under the Care of Children Act 2004 and the CYPF Act, which requires agreement between the new guardian and the child’s parents or other guardians on guardianship decisions.
Under special guardianship, the court could specify which guardianship rights would be shared, and which, if any, would be held only by the new (special) guardian.

Currently, financial assistance is available for caregivers of people up to the age of 17 who have been in state care or have been the subject of a support or services order.
The bill would extend this to allow advice and assistance, including financial assistance, to be given to people aged 15 to 20 years who have been in state care and are transitioning to independence.
KiwiSaver The bill seeks to amend the KiwiSaver Act to allow an appointed guardian under the CYPF Act, who must be the chief executive of the Ministry of Social Development or an approved social service, 4 Vulnerable Children Bill Commentary to enrol a child in a KiwiSaver scheme, and to make decisions in relation to the scheme, without the consent of other guardians.

Proposed amendments This commentary discusses our major recommendations.

It does not discuss minor or technical amendments.


Child protection policies We recommend amending the definition of “school board” in clause 15 to include the managers of private schools.

This makes it clear that private schools, like state schools and partnership schools kura hourua, would be required to have child protection policies.
We recommend amending clauses 16 and 17 to insert an additional requirement for state services and district health boards to report on their inclusion of the requirement for child protection policies in their contracts and funding agreements.

Children’s worker safety checking In clause 23, we recommend modifying the definitions of “children’s worker” and “core worker” to make it clearer who is covered by each definition.
Clause 28 would prevent a specified organisation from employing or engaging as a core worker a person who had been convicted of a specified offence.

The offences are listed in Schedule 2.

We recom- mend the addition of some further offences that are relevant to the suitability of a person to work with children, including some histor- ical offences and offences under the Films, Videos, and Publications Classification Act 1993.
We also recommend amending clause 28(4) and inserting clause 28(5A) to require that before any termination of employment a worker be suspended for a minimum of five working days, during which the worker must be paid, if appropriate.

Schedule 1 lists the kinds of services that would be required to safety- check their children’s workers.

We recommend changing the termin- ology in clauses 23, 24, Schedule 1, and elsewhere in the bill, from “regulated activities” to “regulated services”.
This describes more accurately the items listed in Schedule 1.

Commentary Vulnerable Children Bill 5 In clause 24, we recommend amending the definition of “specified organisation” to make it clear that such organisations may be directly or indirectly funded by state or local authorities.
We recommend inserting subclause (3) into clause 24 to make it clear that people who are funded under individual arrangements (such as, for example, people funded by ACC to provide services to their own children), are not caught by the definition of “specified organisation”.
We recommend amending clause 24 so that local authorities, and or- ganisations they fund, would become “specified organisations” two years after the commencement of Part 1, subpart 3, unless they were declared to be such earlier, by regulation.

This amendment should make it clear that local authorities are intended to be covered by the legislation, and allow them enough time to prepare for the introduc- tion of safety checking.
We also recommend amending clause 27(1) and inserting clause 33A so that, once local authorities became spe- cified organisations, they could implement worker safety checking in the same phased way as other specified organisations, with periodic rechecking from the date of the initial check.

We recommend amending Schedule 1 to set out in more detail the services that are “specified services”.
This amendment should al- low organisations to determine with more certainty whether the ser- vice they provide is covered by the requirement to check children’s worker safety.

Schedule 1 could be amended by regulations made under clause 33.
We recommend inserting, via new subclauses (2) and (3), a require- ment that the Minister be satisfied that children’s safety checking should apply to any new services that are added to Schedule 1, and that removing any items from the Schedule must not unduly risk the safety of children.
Similarly, we recommend inserting new subclause (4) to allow regulations to be made exempting persons or organisa- tions from being specified organisations only if the Minister was sat- isfied that this would not create an undue risk to the safety of children.

This would mirror the requirement for the granting of a workforce re- striction exemption under clause 34.

We recommend inserting new paragraph (g), which is a standard regulation-making provision, into clause 33(1).
We recommend amending clause 32 to make it clear that it is intended to allow specific individual exemptions from the not 6 Vulnerable Children Bill Commentary safety-checking requirements for organisations.

Regulations made under clause 32 should be part of a comprehensive regulatory scheme, addressing circumstances in which organisations cannot undertake elements of the general safety check regime.

Child harm prevention orders We recommend deleting Part 2 and Schedule 3 of the bill.
Part 2 proposes only one of a range of measures that have been or are to be introduced to protect vulnerable adults and children from people who present a high risk of harming them.

The Minister in charge of the bill wrote to us explaining that Cabinet had agreed not to proceed with the policy to introduce child harm prevention orders while work was proceeding on these related measures.
The Minister invited us to delete the provisions relating to child harm prevention order from the bill, and we are removing them accordingly.

Changes to Children, Young Persons, and Their Families Act Principles of CYPF Act To maintain the bill’s commitment to protect children and young people, we recommend that clause 103(2), which would inadver- tently alter the principles in section 13 of the CYPF Act, be amended by replacing the words “need to be protected” with “must be pro- tected”.
Permanent caregivers We recommend clarifying clause 101(b), which would amend the definition of “permanent caregiver” in section 2(1) of the CYPF Act, by removing the reference to “rights… under parenting orders” made under section 48 of the Care of Children Act, and requiring instead that such a person have the “day-to-day care” of the child or young person, either pursuant to a parenting order, or because no other guardian has the care of the child or young person.
We recommend inserting new clause 131A, new section 388A, to re- place new subsections (2) to (4) of section 389 in clause 132, and to allow for the provision of non-financial as well as financial support.

Permanent caregivers may well need other assistance, support, or ad- Commentary Vulnerable Children Bill 7 vice and the chief executive should be able to provide it where appro- priate.
Along with the obligation to provide financial and other assist- ance in certain circumstances, we recommend inserting new section 388A(1) to give the chief executive general discretion to provide fi- nancial and other assistance to permanent caregivers.

Clause 115 provides that service orders cannot be made in respect of permanent caregivers.
For consistency, we recommend inserting clause 115A, new section 92A, to make it clear that support orders for children in the care of permanent caregivers should not be available for services or assistance that can be provided under sections 388 or 388A (as proposed to be amended by clause 131A).

Protecting subsequent children Clause 106 would insert new sections 18A to 18D, which relate to the assessment by social workers of parents of subsequent children, and its consequences.
We recommend replacing these sections to reflect the intent that an assessment should be undertaken only if the subsequent child is, or is likely to be, in the care of the parent.

We also recommend transferring the definition of a parent of a subsequent child (set out in clause 104, new section 14(3) to (5)) into new section 18B.

We recommend amending clauses 104 (new section 14(1)(ba)) and 114 (new section 67(2)) to reflect our proposed changes to clause 106.
Our proposed new clause 106, new section 18D, would require the court to give reasons in writing if it declines to confirm a social worker’s decision not to apply for a declaration that a subsequent child is in need of care or protection.

Such a decision would greatly affect the child and the family, and we consider this amendment would help the bill to accord with the principles of natural justice.
Helping young people to achieve independence We recommend amending clause 131, new section 386A to allow better help for young people moving from care to independence.
In particular, we recommend • amending new subsection 386A(4) so that financial assistance could be available as considered necessary to enable the achievement of independence, rather than only in exceptional 8 • • • Vulnerable Children Bill Commentary circumstances; and so that assistance could be given without being requested adjusting subsection (5) and deleting subsection (6) so that fi- nancial assistance could be given for purposes other than edu- cation, training, or employment clarifying in new subsection 386A(1) that assistance would be available for those aged from 15 to 19 years who have been in care for a period of at least three months ending on or continu- ing after their 15th birthday adding new subsection (6) to provide for financial assistance for an eligible person to be paid, where appropriate, to a person who is caring for that person.
New Zealand Labour Party minority view Labour shares the concern held by many New Zealanders that too many of our country’s children are being harmed, and often at the hands of those who should be offering them care and protection.

We support initiatives that will improve the safety and well being of chil- dren, and have a strong evidence base.

While we support the bill, we maintain a strongly held view that we need to take a much broader approach to the issue of “vulnerability” and wellbeing.
The bill, for instance, targets 30,000 children who are deemed to be “at risk”.

At the same time, there are 285,000 chil- dren who are living in poverty.

It is our view that an Action Plan for Children is required, one which takes a whole-of-government ap- proach, and is focused on not just addressing harm, but preventing it occurring in the first place.

Ultimately, we believe support is always a better and more successful approach than surveillance.
Child harm prevention orders From the outset we expressed concerns with the proposed child harm prevention orders.

These orders represented a significant departure from the usual tests and thresholds within our criminal justice system.

We were pleased to see the Minister reconsider whether these orders should be contained within the bill, and subsequently asked us to consider removing them from the bill.
Commentary Vulnerable Children Bill 9 Safety checks in the children’s workforce The bill puts in place safety checking provisions for prescribed state services.

During public submissions questions were raised over whether these guidelines should only be prescribed for such a limited part of the children’s workforce.
It is our view that more work should be done in this area to support community-based or- ganisations that may not technically be covered by these provisions, but wish to protect themselves, and the children they support.

Home for Life—strengthening support for care givers We welcome any efforts to improve stability and security for children in state care.
Labour is concerned that currently, there are too many examples of parents who have repeatedly proven that they are unfit to provide a safe and loving environment for their children, who are then able to create further destabilisation within a child’s permanent placement.

While the bill extends the ability of the courts to put limits on this occurring, we are concerned that court processes place a large cost and burden on foster families, and they already receive very limited support.
We will be eagerly monitoring whether these changes make the difference we believe is needed.

Ongoing support for children in care Labour believes it is unacceptable that currently, the state’s respon- sibility for a child in care ends once they turn 17 years old.

We wel- come moves to ensure support, advice, and care continues until at least the age of 20 years.
We believe that this should include resi- dential care, if that is the desire of a young person, and that every young person exiting care should have a support plan in place.

We also strongly believe that children in care should be given a voice, similar to the networks that have been established in Australia.

We will be closely monitoring the changes made in this area.
Green Party of Aotearoa New Zealand minority view The Green Party agrees with some provisions in this bill, but will not support it further.

We appreciate that the Government is attempting to improve the safety of children.

Some of the provisions in this bill assist towards this goal.
However, the bill and the resources required to implement 10 Vulnerable Children Bill Commentary it will not be effective if the Government continues to neglect the issues of child poverty and family violence, which increase the risk to children.

We consider that the Government should, at the same time, be implementing specific child poverty reduction measures and policy initiatives that directly target family violence as a core driver of increased risk to children.
We agree with the new requirement that the chief executives of the ministries of Health, Education, Justice, and Social Development, and the New Zealand Police work together to produce and report on implementing a cross-sector child protection plan, and that pre- scribed state services should have child protection policies in place relating to the identification and reporting of child abuse and neg- lect.
We also agree with providing better financial support for young people leaving state care, and amendments to the care and protection principles of the Children, Young Persons and Their Families Act to emphasise that the child’s welfare and interests are the paramount consideration when there are competing considerations.

We note our support for the Minister removing the child harm pre- vention orders from the bill.
However, we remain seriously concerned about the provisions that increase the powers of the state to remove children from their mothers at birth.

The single most critical factor in how children survive ex- posure to domestic violence is the presence of at least one loving and supportive adult in their life.

For many children the loving and sup- portive adult is their mother, who repeatedly does her best to provide her children a normal life even where she is being abused.
Currently the child abuse system does not consistently acknowledge the importance of the protective parent.

We too often hear of women losing their children for the failure to protect the child from the abuser, even post-separation.

This risks depriving the child of both parents and of increasing the negative effect of exposure to domestic violence on the child.

We believe a child-centred approach would acknowledge the role of the protective parent and seek to enhance this relationship.
This legislation sits within a system that too often fails to acknow- ledge the protective parent and therefore creates the potential for in- Increasing the powers to remove children, without creased harm.

also committing to extensive intervention and support services for the protective parent and his or her children in domestic violence Commentary Vulnerable Children Bill 11 cases, increases the risk of harm to the child.
We are aware of many cases where a protective parent has lost a previous child to the state, where she was unable to protect that child from domestic violence, only to have subsequent children also removed – even where her cir- cumstances have changed.

We heard no advice from officials that the process for recognising the protective parent has improved and many submitters who work with these families also raised serious concerns about this.
In addition, we are concerned that there is no intention by Government to help the community sector with the costs of the increased safety checks of staff.

We agree with the intention but do not want to see more resources being taken from services which already provide support to vulnerable families, services which already struggle.

12 Vulnerable Children Bill Commentary Appendix Committee process The Vulnerable Children Bill was referred to the committee on 17 September 2013.
The closing date for submissions was 30 Oc- tober 2013.

We received and considered 115 submissions from interested groups and individuals.

We heard 62 submissions, which included holding hearings in Auckland and Wellington.

We received advice from the Ministries of Social Development, Health, Justice, and Education, and the New Zealand Police.

The Regulations Review Committee reported to the committee on the powers contained in clauses 2, 5, 15, 24, 31, 32, 33, and 35.
Advice was also sought from the Office of the Clerk on regulation-making powers to be contained in Subpart 3 of Part 1, particularly clause 33, relating to the amendment by regulations of Schedule 1.

Committee membership Melissa Lee (Chairperson) Hon Phil Heatley Jan Logie Le’aufa’amulia Asenati Lole-Taylor Hon Peseta Sam Lotu-Iiga Sue Moroney Alfred Ngaro Dr Rajen Prasad Mike Sabin Hon Chris Tremain Louisa Wall Metiria Turei replaced Jan Logie for this item of business.
Hon Michael Woodhouse was present for part of this item of busi- ness.
Vulnerable Children Bill Key to symbols used in reprinted bill As reported from a select committee text inserted by a majority text deleted by a majority text deleted unanimously 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—2 Page 6 6 7 7 7 8 9 9 10 10 10 11 12 12 13 15 16 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 26 27 28 29 30 31 32 33 33A Regulations prescribing requirements for safety checks Other regulations Transitional provision relating to local authorities, etc 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 Vulnerable Children Bill Consequential amendments to other enactments Amendments to Crown Organisations (Criminal Liability) Act 2002 Amendment to Sentencing Act 2002 Amendment to Criminal Records (Clean Slate) Act 2004 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 18C Assessment of parent of subsequent child Person described in this section 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) 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 111 112 113 114 115 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 115A New section 92A inserted (Restriction on support orders where there is permanent caregiver) 92A Restriction on support orders where there is permanent caregiver 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) 116 117 118 119 120 121 122 4 71 71 71 72 73 73 73 73 74 74 74 75 76 76 76 78 79 79 80 Vulnerable Children Bill 123 124 125 126 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) 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 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) 128A Section 267 amended (Enforcement agencies to comply 129 130 with decisions, recommendations, and plans of family group conference) 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 131A New section 388A inserted (Financial and other assistance to permanent caregivers) 388A Financial and other assistance to permanent caregivers 132 133 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 81 81 81 82 82 84 84 84 84 85 85 88 88 89 90 90 5 cl 1 Vulnerable Children Bill 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) 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 134 135 136 137 138 139 140 141 Schedule 1 Regulated services Schedule 2 Specified offences 90 91 92 93 93
 93 94 94 94 95 98 101 The Parliament of New Zealand enacts as follows: 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- 1 2 (1) (2) 6 Vulnerable Children Bill Part 1 cl 5 cil, and 1 or more Orders in Council may be made appointing 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 5 to 123, and 130 to 136 sections 101, 104 to 124, 125(3), and 126 to 137.
(3) Any provision not brought into force earlier comes into force 2 years after the date on which this Act receives the Royal assent.

10 3 (1) (2) 4 5 (1) Part 1 Cross-agency measures Part binds the Crown This Part binds the Crown.

Subsection (1) is subject to section 11 (effect of vulnerable 15 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) 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 is under the age of 18 years; and is not married or in a civil union 7 20 25 30 Part 1 cl 6 Vulnerable Children Bill Minister, for the time being responsible (alone, or with 1 or 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) 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 15 20 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- 25 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).
30 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- 35 ests of vulnerable children (having regard to the whole of their (2) 6 8 Vulnerable Children Bill Part 1 cl 8 lives), including (without limitation) taking measures aimed at— (a) (b) protecting them from abuse and neglect: improving their physical and mental health and their 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- ily group: increasing their participation in decision making about them, and their contribution to society: improving their social and economic well-being.
(c) (d) (e) (f) 5 10 7 (1) (2) Government priorities for vulnerable children The responsible Minister may from time to time, after con- 15 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 20 section is neither a legislative instrument nor a disallowable instrument for the purposes of the Legislation Act 2012, and does not have to be presented to the House of Representatives under section 41 of that Act.
8 (1) (2) 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 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: (a) develop a draft vulnerable children’s plan; and 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) 25 30 35 9 Part 1 cl 9 Vulnerable Children Bill (b) refer it to the chief executives of the children’s agencies for reconsideration, together with the Minister’s reasons for referring it back to the chief executives.
The chief executives, on receiving a referral under subsec- tion (2)(b), must reconsider the draft plan and, as soon as prac- 5 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 accompanying the draft plan submitted for ap- 10 proval under subsection (1)(b))— (a) (b) in the Gazette; or by 1 or more other means of publication (for example, on Internet sites maintained by or on behalf of children’s agencies) each of which has been approved by the re- 15 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- dren’s agencies to work together to achieve the Government’s 20 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 approved) specified in it for the purpose; and continues in force until it is amended or replaced under section 12.
(b) 25 30 Effect of vulnerable children’s plan 11 (1) Once the vulnerable children’s plan has come into effect, the 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 the agency has, before that date (and after the periods 35 covered by all earlier reports, if any, under this para- (3) (4) 9 10 10 Vulnerable Children Bill Part 1 cl 12 (b) graph), implemented the plan while it has been in force; and ensure that a copy of every implementation report re- quired by paragraph (a) is included in the agency’s next annual report (under section 43 of the Public Fi- 5 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.
(2) The vulnerable children’s plan— (a) 10 does not— (i) (ii) create legal rules; or create any legal right enforceable in a court of law; or affect or limit the way in which a chief executive or other person is required to exercise a statutory 15 power of decision; or affect the interpretation of any enactment or the 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, 20 and does not have to be presented to the House of Rep- resentatives under section 41 of that Act.
(3) Subsection (2) overrides section 13(1).
12 (1) Review and amendment or replacement of plan The chief executives of the children’s agencies must, working 25 together,— (a) review the vulnerable children’s plan— (i) within 3 years of the date of its first approval under section 8; and thereafter within 3 years of the date of each re- 30 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 set from time to time under section 7 change.
(2) When reviewing the vulnerable children’s plan, the chief ex- 35 (ii) (b) ecutives must— (a) consider whether the plan is still consistent with current Government priorities set under section 7; and 11 Part 1 cl 13 Vulnerable Children Bill (3) 13 (1) (2) (b) 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) Section 8(2) and (3)to (4) applies with any necessary modi- 5 fications.
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 10 in any matter relating to the vulnerable children’s plan,— (a) 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 15 accountable to the responsible Minister.
(b) 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 20 the independence of the Commissioner of Police (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).
25 (3) A duty, function, or power of the responsible Minister, or of 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 30 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 35 and DHBs boards; and 14 12 Vulnerable Children Bill Part 1 cl 15 (b) (c) adopted by school boards; and adopted by certain people with whom those services or boards enter into contracts or funding arrangements.
15 (1) 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 child means a person who is— (a) 5 10 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- dren, Young Persons, and Their Families Act 1989 (be- 15 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 civil union) (ii) 20 (b) 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- 25 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- tion (2): (ii) (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 New Zealand Public Health and Disability Act 2000 13 30 35 Part 1 cl 15 Vulnerable Children Bill 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- 5 tive, or the board prescribed State service means each of the following: (a) (b) (c) (d) (e) (f) (g) (h) 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: the New Zealand Police: every other instrument for the time being prescribed 15 under subsection (4) 10 school board means a board or body that is— (a) a board as defined in section 60, and for the purposes 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); or the managers of a private school that is registered under section 35A of that Act.
(b) (c) 20 The Governor-General may, by Order in Council, prescribe, 25 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) 30 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 35 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 (2) (3) (4) 14 Vulnerable Children Bill Part 1 cl 16 of the Crown in respect of the Government of New Zealand (whether departments, corporations, agencies, or other instru- ments), being instruments of that kind that are neither— (a) (b) DHBs; nor school boards.
5 16 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, after the commencement (under section 2(1)) of this 10 section, the service is or becomes a provider of chil- dren’s services,— (i) (ii) (iii) (iv) adopts, as soon as is practicable, a child protec- tion policy; and reports in its annual report (under section 43 of 15 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 20 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 this section; and 25 (b) ensures that every contract, or funding arrangement, that after that commencement 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 soon as is practicable to adopt 30 (and to review in accordance with paragraph (a)(iv)) a child protection policy if, in the opinion of the chief executive of the State service,— (i) 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; and (ii) 35 15 Part 1 cl 17 Vulnerable Children Bill (c) reports in its annual report (under section 43 of the Pub- lic Finance Act 1989 or another enactment) on whether, or on the extent to which,— (i) its operations have implemented any policy it is required to adopt under paragraph (a)(i); and its contracts and funding arrangements have complied with paragraph (b).
(ii) 5 10 DHBs boards to adopt, report on, and require child protection policies Every board of a DHB must— (a) (b) (c) (d) (e) (f) adopt, as soon as is practicable after the commencement (under section 2(1)) of this section, a child protection policy; and report in its annual report (under section 150 of the Crown Entities Act 2004) on whether, or on the extent 15 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 20 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 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 about providing children’s services; and (ii) 25 review the policy within 3 years of the date of its first 30 adoption, or of its most recent review, under this sec- tion; and report in its annual report (under section 150 of the Crown Entities Act 2004) on whether, or on the extent to which,— (i) its operations have implemented the policy it is required to adopt under paragraph (a); and 35 17 16 18 19 Vulnerable Children Bill Part 1 cl 20 (ii) its contracts and funding arrangements have complied with paragraph (d).
School boards to adopt and require child protection policies Every school board must— (a) 5 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 10 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 independent person requires the person as soon as is practicable to adopt (and to review in accordance with 15 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 services; and some or all of the contract or arrangement is 20 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) (b) (c) (d) 25 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- icy; and be written, and contain provisions (whether or not it 30 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.
(b) 20 Effect of child protection policy A child protection policy— 35 17 Part 1 cl 21 Vulnerable Children Bill (a) does not— (i) (ii) create legal rules; or create any legal right enforceable in a court of law; or affect or limit the way in which a chief executive 5 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 (iii) (iv) (b) is neither a legislative instrument nor a disallowable in- 10 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.
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 involves regular or overnight contact with children to be safety checked.
15 20 (b) Application to Crown 22 (1) A Crown organisation (as defined in the Crown Organisations (Criminal Liability) Act 2002) may be prosecuted for an of- fence against this subpart only if— (a) the offence is alleged to have been committed by the 25 Crown organisation; and the proceedings are commenced— (i) 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 35 offences) does not apply in respect of offences under this sub- (ii) 30 18 23 (1) Vulnerable Children Bill Part 1 cl 23 part, and the reference in section 12 of that Act to reparation, 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 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 in, or provides, a regulated service, and 10 the person’s work— (a) may or does involve regular or overnight contact with a child or children (other than with children who are co-workers); and takes place without a parent or guardian of the child, or 15 of each child, being present (b) core worker means a children’s worker whose work requires the person regularly to work alone with, or to control, children, where that work or control generally does not take place in the presence of a core worker who is safety checked core worker means a children’s worker whose work in or pro- viding a regulated service requires or allows that, when the person is present with a child or children in the course of that work, the person— (a) (b) is the only children’s worker present; or is the children’s worker who has primary responsibility for, or authority over, the child or children present the Ministry of Social Development: the Ministry of Health: the Ministry of Education: the Ministry of Justice 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- 20 25 30 35 19 Part 1 cl 23 Vulnerable Children Bill 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 regulated service means a service identified in Schedule 1 safety checked, in relation to a person at a
 particular time, means that a safety check that complies with section 31 has 10 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 15 specified organisation has the meaning given in section 24 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 (b) or vocational training course.
20 (2) A person’s work involves regular or overnight contact with children if— (a) the person has contact (other than merely incidental 25 contact) with 1 or more a child or children— overnight; or (i) at least once each week; or (ii) on at least 4 days each month; and (iii) 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) 35 30 (b) 20 24 (1) Vulnerable Children Bill Part 1 cl 24 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 service: (a) (b) any of the State services: an individual or organisation that is funded (whether wholly or partly and whether directly or indirectly) by a State service to provide regulated activities services: 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) (c) on and after the date that is 2 years after the date on which this subpart comes into force (or any earlier date specified in regulations made under section 33(1)(c)),— (i) (ii) local authorities; and individuals and organisations that are funded (whether wholly or partly and whether directly or indirectly) by a local authority to provide regulated services.
(2) Despite subsection (1), an individual or organisation is not 25 a specified organisation if it is declared by regulations made under section 33(1)(d) not to be a specified organisation for the purposes of this subpart.
(3) Despite subsection (1), the following are not specified or- ganisations: (a) an individual (person A) who, in relation to a child (child A),— (i) is a parent or guardian, or has the care, of child A; and receives funding (directly or indirectly) from a 35 specified organisation for the purpose of securing the provision of particular regulated services to child A: (ii) 5 10 15 20 30 21 Part 1 cl 25 Vulnerable Children Bill (b) an organisation that does not (except as provided in sub- paragraph (i) or (ii)) receive funding, directly or indi- rectly, from a specified organisation to provide specified regulated services, but— (i) is paid by person A to provide some or all of the 5 particular regulated services to child A; or receives funding, pursuant to an entitlement of person A, to provide some or all of the particular regulated services to child A.
(ii) 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) 10 15 (b) with respect to non-core workers, to employment or en- 20 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 25 with subsection (1) commits an offence and is liable on con- viction to a fine not exceeding $10,000.
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- 30 plies with section 31 is completed of every children’s worker who is employed or engaged by the organisation before that date and who it intends will still be employed or engaged by the organisation on that date.
The applicable dates are as follows: 35 (2) 22 Vulnerable Children Bill Part 1 cl 28 (a) (b) 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- 5 section (1) if the organisation is satisfied that a safety check of the person that complies with section 31 was completed within 3 years before the relevant date described in subsec- tion (2).

(4) A specified organisation that, in relation to a children’s worker 10 whom it continues to employ or engage, fails to comply with subsection (1) commits an offence and is liable on conviction 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 15 worker whom it employs or engages is safety checked at intervals of no more than 3 years after the employer first conducts a safety check of the person under this subpart.

(2) A specified organisation that, in relation to a children’s worker whom it employs or engages, fails to comply with subsection 20 (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.

(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.
25 30 (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 35 engaged; and 23 Part 1 cl 28 Vulnerable Children Bill (b) is entitled, in accordance with this section, to suspend 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 5 anything to the contrary in any contract or agree- 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 10 Employment Relations Act 2000.
(ii) (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 15 worker from all duties that require or enable him or her to act as a core worker, and must tell the worker the reason for the suspension and the grounds for the organisation’s belief.
(3) On and after the date that is 1 year after the date on which this subpart comes into force, a specified organisation must not 20 continue to employ or engage a person to whom this section applies as a core worker, regardless of when that worker com- menced employment or was engaged, except as provided in this section.
(4) On and after the date referred to in subsection (3), if a spe- 25 cified organisation believes that a worker whom it employs or engages is a person to whom this section applies, the organ- isation must immediately— (a) suspend the worker from all duties that require or enable him or her to act as a core worker; and specify the period of suspension, which must be not less than 5 working days (but may be extended from time to time); and tell the worker the reason for the suspension and the grounds for the organisation’s belief; and advise the worker that he or she may respond to the information provided under paragraph (c).
30 35 (b) (c) (d) If a worker is suspended under subsection (4), the employer must not terminate the worker’s employment or engagement (5) 24 Vulnerable Children Bill Part 1 cl 29 until at least 5 working days after the suspension begins (un- less the person’s employment or engagement is terminated sooner for reasons unrelated to that suspension).
(5A) During the period of suspension, the employer must continue to pay the worker on whatever basis would apply to the worker 5 had he or she been suspended on the grounds of serious mis- conduct.

(5B) At the end of the period of suspension, the employer must terminate the worker’s employment or engagement as a core worker if the employer believes on reasonable grounds that the 10 person is a person to whom subsection (1) applies.
If a worker’s employment or engagement is terminated under subsection (5B),— (a) (5C) no compensation or other payment is payable in respect of the termination, despite anything to the contrary in 15 any contract or agreement; and the termination is deemed to be a justifiable dismissal for the purposes of Part 9 of the Employment Relations Act 2000.
(b) (6) A specified organisation that contravenes subsection (2) or 20 (3), knowing that, or being reckless as to whether, the person is a person to whom this section applies, commits an offence and is liable on conviction to a fine not exceeding $50,000.

(7) A specified organisation that contravenes subsection (4) or, (8) 29 (5), (5A), or (5B) commits an offence and is liable on convic- 25 tion to a fine not exceeding $50,000.
Subsection (3)(b)(i) Subsection (5C)(a) does not limit or affect the Wages Protection Act 1983.

Defences Defence of taking all reasonable steps It is a defence to a charge for an offence against any of sec- 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.
30 35 25 Part 1 cl 30 Vulnerable Children Bill 30 31 (1) (2) 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) the specified organisation considered that an emergency had occurred, or unexpected conditions had arisen, that 5 increased the risks to any children to whom it provides regulated activities services: 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 checked were employed or engaged by the specified organisation for no more than 5 consecutive working days.
10 (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 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.
(b) (c) 15 20 25 (3) Despite anything in the Criminal Records (Clean Slate) Act 30 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.
35 26 32 (1) (2) 33 (1) Vulnerable Children Bill Part 1 cl 33 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) 5 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 10 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- 15 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.
20 (b) (c) (d) (e) (f) (g) (h) Regulations made under this section may prescribe different 25 requirements, and may provide exemptions and exceptions, for provide that different requirements relating to safety check- ing do, or do not, apply to or in respect of different— (a) (b) classes of children’s worker; and specified organisations or classes of specified organisa- 30 tion.
Other regulations The Governor-General may, by Order in Council, make regu- lations for any of the following purposes: (a) prescribing activities, Schedule 1, that are specified activities: prescribing activities that are not specified activities: in addition to those listed in 35 (b) 27 Part 1 cl 33 Vulnerable Children Bill (a) (c) (c) (d) (e) (f) (g) to subsections (2) and (3)) amending (subject Schedule 1 by— (i) (ii) (iii) adding any new regulated service; or omitting any regulated service; or correcting or updating the description of any 5 regulated service: 10 declaring that local authorities, or individuals, organisa- tions, or classes of individuals or organisations, that are funded to provide regulated activities are specified or- ganisations: specifying a date (being a date earlier than 2 years after the date on which this subpart comes into force) on which local authorities, and the individuals and organ- isations referred to in section 24(1)(c), become speci- fied organisations: providing that individuals or organisations, or a class classes of individuals or organisations, are not specified organisations (but see subsection (4)): prescribing the process, not inconsistent with this sub- part, for applying for, granting, and revoking exemp- 20 tions under section 34: prescribing the processes and requirements for ap- proving screening services under section 39, and the process and grounds on which any approval may be suspended or cancelled: providing for any other matter contemplated by this subpart, necessary for its administration, or necessary for giving it full effect.
25 15 Regulations may be made under subsection (1)(a)(i) only in accordance with a recommendation by the Minister that he or 30 she is satisfied that the service proposed to be added to Sched- ule 1 employs or engages, or is likely to employ or engage, children’s workers and that the requirements of this subpart relating to the checking of children’s workers should apply.
Regulations may be made under subsection (1)(a)(ii) only in 35 accordance with a recommendation by the Minister that he or she is satisfied that omitting the regulated service from Sched- ule 1 will not result in undue risk to the safety of children.
(2) (3) 28 Vulnerable Children Bill Part 1 cl 34 (4) Regulations may be made under subsection (1)(d) only in ac- cordance with a recommendation by the Minister that he or she is satisfied that providing that individuals or organisations, or classes of individuals or organisations, identified in the regu- lations are not specified organisations will not result in undue 5 risk to the safety of children.
33A Transitional provision relating to local authorities, etc (1) In this section,— original specified organisation means an organisation re- ferred to in section 24(1)(a) or (b) (being an organisation 10 that is a specified organisation on the date on which this section comes into force) later specified organisation means an organisation that be- comes a specified organisation at any time after this section comes into force.
In order to enable the obligations in sections 25, 26, and 28 to apply to a later specified organisation in the same, stag- gered, way that those sections apply to original specified or- ganisations, references in those sections to the date on which this subpart comes into force must be treated as references 20 to the date on which the organisation became a later specified organisation.
15 (2) Exemption for workers convicted of specified offence 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.

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

(3) An exemption may be qualified or contain conditions.
29 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) 30 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 31 25 30 Part 1 cl 40 Vulnerable Children Bill (3) (b) may specify which specified organisations, and which kind of children’s worker, the screening services may be used in relation to.
If regulations are made under section 33(1)(f), approval Ap- proval of a screening service must may be given, and may be 5 suspended or cancelled, only in accordance with the processes, requirements, and grounds set out in those regulations made under section 33.

(4) Notice of every approval, and of every suspension or cancel- lation, must be given in the Gazette.
10 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.

(2) However, a chief executive may not file a charging document 15 in respect of a specified organisation that is the key agency of 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- ability) Act 2002.

20 (2) After section 6(1)(d), insert: “(e) an offence against subpart 3 of Part 1 of the Vulner- able Children Act 2013.” 25 In section 7(a), replace “or the Resource Management Act 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 1991,” with “the Resource Management Act 1991, or subpart 3 of Part 1 of the Vulnerable Children Act 2013,”.

30 (3) 42 (1) (2) 32 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 33 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.
34 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— 35 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 offences; 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.
36 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.
37 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 38 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 39 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 40 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 41 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— 42 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 43 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.
(7) (6) (5) (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) 44 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.

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.
45 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 46 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 47 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 48 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 49 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.

50 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— 51 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 52 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 a 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.

53 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 54 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 55 (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 (c) (e) (b) (d) 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) 56 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 57 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.
58 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) 59 Part 3 cl 102 Vulnerable Children Bill “(b) “(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 a person appointed as a guardian of the child under sec- tion 27 of the Care of Children Act 2004 who has the day-to-day care of the child or young person— “(i) pursuant to a parenting order made under section 48 of that Act; or “(ii) because there is no other guardian who has the day-to-day care of the child or young person “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) 18B”.
102 Section 5 amended (Principles to be applied in exercise of Principles 5 10 15 20 powers conferred by this Act) After section 5(f), insert: “(g) the principle that decisions affecting a child or young 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- 25 tions, education, and health.” 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 30 the first and paramount consideration, the welfare and interests of the relevant child or young person (as required by section 6).” In section 13, replace “Subject to sections 5 and 6, any court which, or person who, exercises any powers conferred by or 35 under this Part or Part 3 or Part 3A or sections 341 to 350 shall (2) 60 Vulnerable Children Bill Part 3 cl 104 be guided by the following principles:” with “In determining 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 must be protected from harm and have their rights upheld, and also the principles in section 5 as well 5 as the following principles:”.
Repeal section 13(a).
(3) 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- 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): “(ba) the child is a subsequent child of a parent to whom sec- tion 18A applies, and the parent has not demonstrated to the satisfaction of a social worker (under section 18A) or the court (under section 18C) that he or she meets the requirements of section 18A(3); or”.
10 15 20 (2) After section 14(2), insert: “(3) A person described in this subsection is a person— “(a) who has been convicted under the Crimes Act 1961 of the murder, manslaughter, or infanticide of a child or young person who was in his or her care or custody at 25 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- 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 30 child or young person will be returned to the person’s care.
“(4) Subsection (3) applies, in relation to a child or young person removed from the care of a person, if— “(a) the court has declared under section 67, or a family 35 group conference has agreed, that the child or young 61 Part 3 cl 105 Vulnerable Children Bill “(b) “(c) person is in need of care or protection on a ground in 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 5 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 10 or young person will be returned to the person’s care.
“(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 that led a person to being a person described in subsection 15 (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: 20 25 “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 parent meets the requirements of subsection (2) in respect of 30 the subsequent child.
“(2) A parent meets the requirements of this subsection if,— “(a) in a case where the parent’s own act or omission led to him or her being a person described in section 14(3), the parent is unlikely to inflict on the subsequent child 35 the kind of harm that led to the parent being so de- scribed; or 62 Vulnerable Children Bill Part 3 cl 106 “(b) in any other case, the parent is unlikely to allow the kind of harm that led to the parent being a person described in section 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 5 parent demonstrates, to the satisfaction of the social worker, that he or she does meet those requirements.

“(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 10 14(1)(ba); or “(b) decide not to apply for a declaration on that ground.
“(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 15 meets the requirements of subsection (2).
“(6) A social worker need not make an assessment under subsec- tion (1) in relation to a parent if— “(a) “(ii) a social worker has previously assessed the parent under this section in relation to another subsequent child of the 20 parent and, following that assesment,— “(i) the court confirmed, under section 18C, a deci- sion not to seek a declaration under section 67 in relation to that child; or a social worker applied for a declaration under 25 section 67 that the child is in need of care or protection on the ground in section 14(1)(ba), 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 completed under section 17 an investigation of a subse- 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.
35 30 63 Part 3 cl 106 Vulnerable Children Bill “18B Application to court in relation to person described in section 14(3) “(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) 5 apply under section 67 for a declaration that the subse- quent child is in need of care or protection on the ground 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 10 that ground.
“(b) “(2) Where an application is made under this section, no family group conference need be held before the application is heard by the court, and nothing in section 70 applies.
“18C Confirmation of decision not to apply for declaration 15 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- 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 social worker’s belief that the subsequent child’s parent 25 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) 20 “(3) When considering the application, the court may (but need not) 30 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- 35 tion 67 on the ground in section 14(1)(ba); or adjourn the hearing and require the social worker to— 64 Vulnerable Children Bill Part 3 cl 106 “(i) “(ii) provide such information as the court specifies, 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 5 “(c) decline to confirm the social worker’s decision under section 18A(4).
“(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 10 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 of section 18A(2).
15 “(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 20 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 30 he or she were entitled to do so under section 22(1)(a) to (h).” 25 106 New sections 18A to 18D inserted After section 18, insert: “18A Assessment of parent of subsequent child “(1) This section applies to a person who— “(a) is a person described in section 18B; and 35 65 Part 3 cl 106 Vulnerable Children Bill “(2) “(b) “(c) is the parent of a subsequent child; and has, or is likely to have, the care or custody of the sub- sequent child; and is not a person to whom subsection (7) applies.
“(d) If a social worker believes on reasonable grounds that a person 5 is a person to whom this section applies, the social worker must, after informing the person (where practicable) that he or she is to be assessed under this section, assess whether the person meets the requirements of subsection (3) in respect of the subsequent child.
10 “(3) A person 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 18B, the parent is unlikely to inflict on the subsequent child the kind of harm that led to the parent being so described; 15 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 section 18B to be inflicted on the subsequent child.
“(4) Following the assessment,— 20 “(a) “(b) if subsection (5) applies, the social worker must apply for a declaration under section 67 that the subsequent child is in need of care or protection on the ground in section 14(1)(ba); or in any other case, the social worker must decide not to 25 apply as described in paragraph (a), and must instead apply under section 18C for confirmation of the deci- sion not to apply under section 67.
“(5) The social worker must apply as described in subsection (4)(a) if the social worker is not satisfied that the person, fol- 30 lowing assessment under this section, has demonstrated that he or she meets the requirements of subsection (3).

“(6) No family group conference need be held before any applica- tion referred to in subsection (4) is made to the court, and nothing in section 70 applies.
35 “(7) This subsection applies to the parent of a subsequent child if, since he or she last became a person described in section 18B,— 66 Vulnerable Children Bill Part 3 cl 106 “(a) the parent has been assessed under this section by a so- cial worker in relation to a subsequent child and, fol- lowing that assesment,— “(i) “(ii) 5 the court has confirmed, under section 18C, a decision made under subsection (4)(b); or the social worker applied for a declaration under section 67 that the child was in need of care or protection on the ground in section 14(1)(ba), but the application was refused on the ground that the court was satisfied that the parent had 10 demonstrated that he or she met the requirements of subsection (3); or “(b) the parent was, before this section came into force, sub- ject to an investigation carried out by a social worker under section 17 in relation to a child who would, at that 15 time, have fallen within the definition of a subsequent child, and the social worker did not at that time form the belief that the child was in need of care or protection on a ground in section 14(1)(a) or (b).
“18B Person described in this section “(1) A person described in this section is a person— 20 “(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- moved from him or her on the basis described in sub- section (2)(a) and (b) and, in accordance with sub- section (2)(c), there is no realistic prospect that the child or young person will be returned to the person’s 30 care.
25 “(2) Subsection (1)(b) applies, in relation to a child or young per- son removed from the care of a person, if— “(a) the court has declared under section 67, or a family group conference has agreed, that the child or young 35 person is in need of care or protection on a ground in section 14(1)(a) or (b); and 67 Part 3 cl 106 Vulnerable Children Bill “(c) “(b) the court has made an order under section 101 (not being an order to which section 102 applies) or 110 of this Act, or under section 48 of the Care of Children Act 2004; and the court has determined (whether at the time of the 5 order referred to in paragraph (b) or subsequently), or, as the case requires, the family group conference has agreed, that there is no realistic prospect that the child or young person will be returned to the person’s care.
If a person is a person described in this section on more than 10 1 of the grounds listed in subsection (1), the references in section 18A(3) to the kind of harm that led a person to being a person described in this section is taken to be a reference to any or all of those kinds of harm.
“(3) “18C Confirmation of decision not to apply for declaration 15 under section 67 “(1) An application under this section for confirmation of a deci- sion under section 18A(4)(b) relating to the parent of a sub- sequent child must include— “(a) information showing that the person is a person to 20 whom section 18A applies; and an affidavit, signed by the social worker, setting out the circumstances of the application and the reasons for the social worker’s belief that the parent meets the require- ments of section 18A(3).
25 “(b) “(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.

“(3) When considering the application, the court may (but need not) give any person an opportunity to be heard on the application 30 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) if subsection (5) applies, confirm the social worker’s decision under section 18A(4)(b) not to apply for a 35 declaration under section 67; or 68 Vulnerable Children Bill Part 3 cl 106 “(c) “(d) “(b) decline to confirm the social worker’s decision under section 18A(4)(b), in which case section 18D ap- plies; or dismiss the application on the ground that it does not relate to a person to whom section 18A applies; 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 report to the court within a period specified by the 10 court.
“(ii) 5 “(5) The court may confirm the decision of a social worker under section 18A(4)(b) only if it is satisfied, on the basis of the written material before it (and, if the court has heard any per- son under subsection (3), any other material heard), that 15 the parent in respect of whom the application is made has demonstrated that he or she meets the requirements of sec- tion 18A(3).
“(6) Except as provided in this section, nothing in Part 3 applies in respect of an application for, or a decision of a court on, 20 confirmation of a decision made under section 18A(4)(b).
“18D Court declining to confirm decision If, under section 18C(4)(b), the court declines to confirm a social worker’s decision under section 18A(4)(b), the court must give written reasons for its decision, and the application 25 for confirmation— “(a) must be treated as an application for a declaration under section 67 made by the chief executive on the ground in section 14(1)(ba), as if leave of the court had been granted under section 68(c); and 30 “(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 35 he or she were entitled to do so under section 22(1)(a) to (h).” 69 Part 3 cl 107 Vulnerable Children Bill 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))”.
5 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- 10 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.” 109 Section 23 amended (Care and protection co-ordinator 15 to ensure that relevant information and advice made available to family group conference) In section 23(1),— (a) after “advice”, insert “that the co-ordinator considers are”; and after “functions”, insert “(including information and ad- 20 vice relating to the health and education needs of every child or young person in respect of whom the confer- ence is convened)”.
(b) 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 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) “(a) “(2) The review date referred to in subsection (1)(b) must be,— 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 70 25 30 35 111 112 113 Vulnerable Children Bill Part 3 cl 113 “(b) 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 5 chief executive considers that it is impracticable, unreason- able,”.
Section 35 amended (Police to comply with decisions, recommendations, and plans of family group conference) In section 35, replace “it is clearly impracticable” with “the 10 Police consider that 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: (1) (2) “(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- ference on or before the review date (if any) specified in the plan; and 15 20 “(b) must reconvene the conference if required to do so, in accordance with subsection (1B), by a social worker; 25 and “(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 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- 35 dation, or plan to be considered; and “(ii) 30 71 Part 3 cl 114 Vulnerable Children Bill “(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.
“(1A) Subsection (1)(a) does not apply if— 5 “(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 10 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: “(iv) a guardianship order under section 110 that ap- points any person as the sole guardian of the child or young person: a special guardianship order under section 113A.
“(v) 15 20 “(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 if the social worker or service is satisfied that there has been a change of circumstances such that the decision, recommenda- 25 tion, or plan no longer adequately addresses the needs of the child or young person to whom it relates.” Subsequent children 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): 30 “(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 parent who is a person described in section 14(3), the court must make the declaration unless satisfied that the parent has 35 demonstrated that he or she meets the requirements of section 18A(2).
72 Vulnerable Children Bill Part 3 cl 115A “(2) However, on an application under section 18A(4)(a) or 18D in relation to a person to whom section 18A applies, if the court is satisfied that the subsequent child is in need of care or protection on the ground in section 14(1)(ba), it must make the declaration unless it is satisfied that the parent has 5 demonstrated that he or she meets the requirements of sec- tion 18A(3).” Permanent caregivers 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 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 of a permanent caregiver.
“(b) 10 15 “(2) If a services order or an interim services order in respect of a 20 permanent caregiver, or in respect of a child or young person in the care of a permanent caregiver, is in force on the date on which this section comes into force,— “(a) on and from that date, sections 134 to 137 have no effect so far as they relate to the order; and the order ceases to have effect on the date on which it is next due for review.” “(b) 115A New section 92A inserted (Restriction on support orders where there is permanent caregiver) After section 92, insert: “92A Restriction on support orders where there is permanent caregiver “(1) A court must not make a support order or an interim support order under section 91 or 92 of a kind referred to in subsec- tion (2) in respect of a child or young person who is, or who 35 is to be, in the care of a permanent caregiver.
73 25 30 Part 3 cl 116 Vulnerable Children Bill “(2) The kind of order that must not be made is an order directing the chief executive or any other person or organisation to pro- vide financial or other assistance that could be provided by the chief executive under section 388 or 388A, whether or not that assistance is actually provided.” 5 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- 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- 15 tion to any child or young person, or on an application referred to in section 110A, it may make an order appointing any of the following persons to be a guardian of the child or young person: “(a) “(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- 25 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.

“(4) “(3) The director of a child and family support service may not be 30 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 35 74 Vulnerable Children Bill Part 3 cl 117 person (including when the order under this section is made at a hearing under section 127).
“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, 5 with the leave of the court, make a combined application for a guardianship order under section 110 and a special guardian- 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 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- 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 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 10 15 20 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- 30 sibilities to provide day-to-day care to the child or young person under the orders made under the 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, 35 and that conduct forms a pattern of behaviour; and “(ii) 75 Part 3 cl 118 Vulnerable Children Bill “(b) “(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- voke both the person’s appointment as a guardian under 5 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) 10 “(b) the appointment is made for the purpose of providing the child or young person with a long-term, safe, nur- 15 turing, stable, and secure environment that enhances his or her interests; and either— “(i) the child or young person has no other guardian; or the special guardian either replaces, or is addi- tional to, an existing guardian of the child or young person.
“(ii) 20 “(2) For the purposes of this section and section 113B, existing guardian means a person (other than a special guardian) who, 25 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 30 child or young person, then, whether the special guardian is a sole or additional guardian and despite anything in this sec- tion,— “(a) the special guardian has custody of the child or young person, and— “(i) no order under section 101 may be made in re- spect of the child or young person; but 35 76 Vulnerable Children Bill Part 3 cl 118 “(b) “(ii) section 114(2)(b) and (c) applies as if the special guardian were a sole guardian; and the order must specify the access and other rights (not being custody or guardianship rights), including any terms and conditions that apply to those rights, of each 5 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) no existing guardian may apply for an order under sec- 10 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 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.
15 “(b) “(3) “(4) If a person who is appointed as the sole guardian of a child or young person is also appointed as a special guardian, the 20 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- poses of section 128; and 25 “(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 of a child or young person is also appointed as a special 30 guardian,— “(a) the order must set out which guardianship rights (which may include those set out in section 16(2) of the Care of Children Act 2004) are to be held exclusively by the special guardian and which are to be shared between the 35 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 “(b) 77 Part 3 cl 119 Vulnerable Children Bill “(c) the exercise of any guardianship rights held exclusively by the special guardian; and the provisions of guardians apply, except as follows: “(i) relating to additional this Act no existing guardian may apply under section 115 5 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 the purposes of section 128; and “(ii) 10 “(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.
“(5) Every special guardianship order must require that, if the child 15 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) if the child or young person, immediately before the guardianship order was made, was in the custody of 20 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 iwi social service, cultural social service, or the director 25 of a child and family support service, advise that service or director, as appropriate.
“(b) “(6) The obligation on the chief executive imposed by section 7(2)(e) does not apply in respect of a child or young person in respect of whom a special guardianship order is made.
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.” “(7) 119 Section 125 amended (Application for variation or discharge of orders made under this Part) (1) After section 125(1)(g), insert: 30 35 78 Vulnerable Children Bill Part 3 cl 121 “(ga) any special guardianship order made under section 113A, (but only with leave, as required by subsection (1A)):”.
(2) After section 125(1), insert: “(1A) Leave of the court must be obtained before an application is 5 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, or the director of a child and family support service; or 10 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) in the case of an application for discharge, there has 15 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 or young person to whom the order relates, or in the 20 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.” 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 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: 25 30 “(ea) set out the following: “(i) the responsibilities and personal objectives of 35 any parent, guardian, or other person who, under 79 Part 3 cl 122 Vulnerable Children Bill 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 was formulated: the steps that each such parent, guardian, or other 5 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: “(ii) “(iii) the time frames within which those steps or “(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 15 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 care of the child or young person before the plan was formu- 20 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 met.” “(3) 25 122 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 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- lates only to a services order.” 30 35 80 Vulnerable Children Bill Part 3 cl 125 123 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: 5 “(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 10 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 15 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.
20 (2) After section 141(3), insert: “(3A) On and after the date on which section 110 124 of the Vulnerable Children Act 2013 comes into force, the time 25 periods referred to in subsection (3) apply only to an agree- ment, 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 (1) 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 35 30 81 Part 3 cl 126 Vulnerable Children Bill “(c) “(d) 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 5 the effect,— “(i) 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 10 has thoroughly explored the matters referred to in paragraph (b); and “(ii) “(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- 15 ment is an appropriate care option for the child 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 20 140(1)(d) for the purpose of assisting a young person 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 replace “section 140” with “section Reports by social workers 25 30 127 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 35 before making— 82 Vulnerable Children Bill Part 3 cl 127 “(i) “(ii) 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- 5 points the chief executive, an iwi social service, 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 10 113A; and “(2) “(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).
In the course of preparing a report for the purposes of sub- 15 the social worker must consider whether 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 20 made.
“(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 25 can be returned to the care of the parent, guardian, or other per- 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 30 person must take, or the behavioural changes that 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 35 person to the care of the parent, guardian, or 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— 83 Part 3 cl 128 Vulnerable Children Bill “(i) “(ii) the child’s or young person’s likely long-term needs, and proposals for how those needs will be met; and if a special guardianship order under section 113A is contemplated, a recommendation about 5 which guardianship rights, if any, should be shared between the special guardian and the existing guardian.” Related amendments to youth justice provisions 128 Section 261 amended (Family group conference may 10 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”.
128A Section 267 amended (Enforcement agencies to comply 15 with decisions, recommendations, and plans of family group conference) In section 267, replace “it is clearly impracticable” with “the enforcement agency considers that it is impracticable, unrea- sonable,”.
20 (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- 25 sonable,”.

In section 268(2), replace “it is clearly impracticable” with “the chief executive considers that it is impracticable, unrea- sonable,”.
(2) 130 Section 270 amended (Family group conference may 30 reconvene to review its decisions, recommendations, and plans) In the heading to section 270, replace “may”with “to”.
Replace section 270(1) with: After section 270(1), insert: (1) (2) 84 Vulnerable Children Bill Part 3 cl 131 “(1 1A) For However, for the purpose of reviewing a decision, rec- ommendation, or plan made or formulated by a family group conference under section 261, the youth justice co-ordinator who convened the conference— “(a) must reconvene the conference if required to do so by 5 a social worker, an iwi social service, a cultural social service, or the director of a child and family support service; and “(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- 10 bers of that conference.
“(1A 1B) A social worker may require a youth justice co-ordinator to reconvene a family group conference under subsection (1)(a) (1A)(a) only if the chief executive is required under section 34 to give effect to the decision, recommendation, or 15 plan to be reviewed.
“(1B 1C) An iwi social service, a cultural social service, or the dir- ector of a child and family support service may require a youth justice co-ordinator to reconvene a family group conference under subsection (1)(a) (1A)(a) only if the service is directly 20 involved in the implementation of the decision, recommenda- tion, or plan to be reviewed and has agreed to it under section 30.” Achieving independence 131 New section 386A and cross-heading inserted 25 After section 386, insert: “Transition from care to independence “386A Advice and assistance for people moving from care to independence “(1) This section applies to a person aged between 15 and 20 years 30 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).
35 “(1) This section applies to a person who— “(a) is of or over the age of 15 years but under 20 years; and 85 Part 3 cl 131 Vulnerable Children Bill “(b) has at any time been in the care or custody of the chief executive, an iwi social service, a cultural social service, or the director of a child and family support service— pursuant to any agreement or order specified in “(i) section 361(a), (c), or (d); and for a continuous period of at least 3 months after the date that is 3 months before the person’s 15th birthday.
“(ii) 5 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 10 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 15 leaves care or custody; and “(b) provide, or arrange for the provision of, that advice and assistance to the person, to the extent that it reasonably 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 child and family support service, the agency that receives the request must refer the request to the chief executive.
20 25 “(2) “(3) “(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- 30 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 35 only if— “(i) the assistance is necessary to enable the person to transition from care to independence; and 86 Vulnerable Children Bill Part 3 cl 131 “(ii) the chief executive has considered what other fi- nancial assistance is available to the person.
“(4) If a person to whom this section applies has left the care or custody referred to in subsection (1), the chief executive— “(a) must provide, or arrange the provision of, such advice 5 and non-financial assistance as the chief executive in his or her discretion considers necessary to enable the person to achieve independence; and “(b) may provide, or arrange the provision of, such financial assistance as the chief executive in his or her discre- 10 tion considers necessary to enable the person to achieve independence, but only if the chief executive has first considered what other financial assistance is available to the person.
“(5) Without limiting subsection (4)(a), the advice and assistance 15 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: contributing to the expenses incurred by the person in living near the place where he or she is or will be— employed or seeking employment; or “(i) receiving education or training: “(ii) “(c) “(d) “(e) 20 25 “(f) making a grant to assist the person to meet expenses connected with his or her education or training.
“(6) The chief executive may provide the following kinds of finan- cial assistance under subsection (4)(b): “(a) contributing to the expenses incurred by the person in 30 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.
35 “(6) Financial assistance provided to a person under subsection (4)(b) must be paid directly to the person unless the chief ex- ecutive considers it appropriate to pay all or any of it to the 87 Part 3 cl 131A Vulnerable Children Bill “(7) person who is caring for the person in respect of whom the fi- nancial assistance is provided.
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— 5 “(a) continue to do so even though the person reaches the 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.” Permanent caregivers 131A New section 388A inserted (Financial and other assistance to permanent caregivers) After section 388 insert: “388A Financial and other assistance to permanent caregivers “(1) The chief executive may from time to time provide financial and other assistance to a permanent caregiver of a child or young person for the purpose of assisting the permanent care- giver to care for the child or young person.
“(2) The chief executive must provide financial and other assist- 20 ance under this section to a permanent caregiver of a child or young person if— “(a) 10 15 25 the need for assistance arises from the care and protec- tion needs or the extraordinary health, education, or de- velopmental needs of the child or young person; and those needs are greater than it is reasonable to expect the permanent caregiver to meet; and those needs cannot be met by existing sources of sup- port under this Act or any other enactment, and are un- likely to be provided otherwise; and it is reasonable in the circumstances for the chief execu- tive to provide the assistance; and the provision of assistance is consistent with any gen- eral or special directions (not inconsistent with this sec- tion) given to the chief executive in writing by the Min- 35 ister.
30 “(b) “(c) “(d) “(e) 88 Vulnerable Children Bill Part 3 cl 132 “(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.
“(4) A direction referred to in subsection (3) is a disallowable in- strument for the purposes of the Legislation Act 2012 and must 5 be presented to the House of Representatives under section 41 of that Act.” 132 Section 389 amended (Financial and other assistance in other cases) In the heading to section 389, delete “and other”.
In section 389, insert as subsections (2), (3), and (4): “(2) Despite subsection (1), the chief executive must provide finan- cial assistance under this section to a permanent caregiver of a child or young person if— “(a) 10 the need for financial assistance arises from the care and 15 protection needs or the extraordinary health, education, or developmental needs of the child or young person; 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 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 this section) given to the chief executive in writing by the Minister.
25 20 “(b) “(c) “(d) “(e) “(3) A direction given for the purpose of subsection (2)(e) (other 30 than a direction of that kind that relates exclusively to an indi- vidual) must be published in the Gazette.
“(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 35 of that Act.” 89 Part 3 cl 133 Vulnerable Children Bill 133 New sections 389A and 389B inserted 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 5 the chief executive regarding the provision of financial assist- ance under section 389(2) 388A(2) may apply for an internal review of that decision.
“(2) The internal review must be conducted in accordance with a process established from time to time by the chief executive 10 for that purpose, and must either confirm or modify the original decision.

“(3) A confirmed or modified decision is for all purposes to be treated as the decision of the chief executive under section 389(2) 388A(2).
15 “389B Appeal against decisions about financial assistance to permanent caregivers “(1) A permanent caregiver who has applied for a review of a deci- sion under section 389(2) 388A(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.
“(2) An appeal under this section may be made only on the ground 25 “(b) 20 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 30 rules of court.
“(4) After being served with a notice of appeal, the department must, as soon as practicable, file in the Family Court a report that contains the decision appealed against, the considerations 35 to which regard was had in making that decision, and a copy of all information that the chief executive had when making it.
90 Vulnerable Children Bill Part 3 cl 134 “(5) The Family Court may (on an application for the purpose, or 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.

5 “(6) An appeal under this section is by way of rehearing, and is to be heard and determined in accordance with this section and rules of court.
“(7) The Family Court’s determination of the appeal may confirm, modify, or reverse the decision appealed against, and the chief 10 executive must give effect to that determination.

“(8) A Family Court’s determination of an appeal under this section is final.” Appointments outside State Sector Act 1988 134 Section 423 amended (Appointment of care and protection 15 co-ordinators) Replace section 423(1) with: (1) “(1) The chief executive must appoint a sufficient number of care and protection co-ordinators.
“(1A) Care and protection co-ordinators may— 20 25 be appointed under the State Sector Act 1988; or “(a) “(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 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 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- tive considers justifies removal from the office; but the removal may only take place after consultation with the 35 person’s employer and after a process that accords with the principles of natural justice has been completed; and 30 91 Part 3 cl 135 Vulnerable Children Bill “(c) ceases to be appointed as a care and protection co-or- 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- 5 able) under which he or she was originally appointed; and “(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 10 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 15 justice co-ordinators.
“(1A) Youth justice co-ordinators may— be appointed under the State Sector Act 1988; or “(a) “(b) be employees of an iwi social service, a cultural social 20 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— 25 “(a) may be appointed as a youth justice co-ordinator for a term of no 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 youth justice co-ordinator cancelled (without compensation) by the 30 chief executive on any grounds that the chief executive considers justifies removal from the office; but the re- 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 35 ceases to be appointed as a youth justice co-ordinator (and no compensation is payable with respect to that loss of office) if he or she ceases to be an employee of “(c) 92 Vulnerable Children Bill Part 3 cl 137 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 “(e) “(d) must perform his or her duties as a youth justice co-or- dinator independently of his or her employer; and 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 10 “(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 15 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) 20 25 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- 30 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) “(2) If the court revokes an appointment under this section, it must 35 discharge, under section 56, the associated parenting order 93 5 10 Part 3 cl 138 Vulnerable Children Bill 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.” Subpart 2—Amendments to KiwiSaver Act 2006 138 Principal Act This subpart amends the KiwiSaver Act 2006 (the principal Act).
(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— “(a) appointed by an order under section 110(1)(a) to (d) 15 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- 20 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)”.
140 Section 35 amended (Opting in by persons under 18) (1) 25 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) (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, or both, of the person) contracts directly with a provider, in the 35 30 94 “(6) Vulnerable Children Bill Part 3 cl 141 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 contracting directly with the provider; and 5 1969; and 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 10 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 15 membership of the scheme.” 141 Children, Young Persons, and Their Families Act 1989 (1) (2) (3) (4) 20 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 25 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- 35 30 95 Part 3 cl 141 Vulnerable Children Bill spect of a KiwiSaver scheme membership of a person younger than 16 years).” 96 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 97 Schedule 1 Vulnerable Children Bill Schedule 1 Regulated services s 23 The following are regulated services for the purposes of subpart 3 of Part 1: 5 15 10 Welfare, support, and justice services services provided (including the performance or exercise of functions and powers) under the Children, Young Persons, and Their Families Act 1989 by the department responsible for the administration of that Act, or by any care and protection co-ordinator or youth justice co-ordinator: services provided at, or in relation to the operation of, any resi- dence within the meaning of section 2(1) or 364 of the Chil- dren, Young Persons, and Their Families Act 1989 (excluding, for the avoidance of doubt, services provided by an individual with whom a child is placed under section 362 of that Act): services provided by any person, organisation, or body ap- proved under section 396 or 403 of the Children, Young Per- sons, and Their Families Act 1989: services provided (including the performance or exercise of functions and powers) under any order, direction, or recom- 20 mendation of a court made under the Children, Young Persons, and Their Families Act 1989, the Care of Children Act 2004, or the Adoption Act 1955 by— (i) the department responsible for the administration of the Children, Young Persons, and Their Families Act 1989; 25 or any other person, organisation, or body: (ii) services provided by any person, body, or organisation pur- suant to any decision, recommendation, or plan made by a family group conference under the Children, Young Persons, 30 and Their Families Act 1989: services provided at prisons, secured facilities, and children’s health camps: services provided as part of a condition of bail made under the Bail Act 2000: services and facilities of the kind referred to in sections 4(a) and 7(2)(b)(i) of the Children, Young Persons, and Their Fam- ilies Act 1989: 35 (1) (2) (3) (4) (5) (6) (7) (8) 98 Vulnerable Children Bill Schedule 1 (9)
 social or support services, including (but not limited to) victim support services, drug and alcohol rehabilitation services, and childcare services: (10) mentoring and counselling services: (11) youth services and youth work: (12) participating in a telephone communication service that is 5 likely to be used wholly or mainly by children: (13) moderating an electronic interactive communication service that is likely to be used wholly or mainly by children (but a person does not moderate a public electronic interactive com- 10 munication service unless he or she has access to the content of the matter or contact with users of the service): services provided to escort, track, or transport children for the purposes of the Children, Young Persons, and Their Families Act 1989: (14) 15 (15) out-of-school care and recreational services: (16) (17) (18) Health services services provided at a public hospital: services provided at a publicly funded medical practice or fa- cility, including blood and cancer centres, treatment centres, 20 outreach clinics, and mental health services: services provided through medical practices belonging to pri- mary health organisations (PHOs): services provided by health practitioners: (19) (20) Well Child Tamariki Ora (WCTO) services (eg, Plunket): (21) home-based disability support services: (22) (23) (24) maternity services, including lead maternity carers and mid- residential disability support services: ambulance services: wives: (25) (26) (27) Education services education services provided at a registered school (as defined in section 2(1) of the Education Act 1989): early childhood services (as defined in section 309 of the Edu- cation Act 1989): education services provided by a trades academy, a service academy, or an alternative education provider for or on behalf of a school: 99 25 30 35 Schedule 1 Vulnerable Children Bill (28) (29) (30) (31) education services provided at any off-site location for or on behalf of a registered school
 or early childhood service, in- cluding teen parent units, school camps, and learning centres: services provided to ensure enrolment and attendance at school in accordance with sections 20 and 25 of the Education 5 Act 1989: services provided at a playgroup (as defined in section 309 of the Education Act 1989): services provided at any location on behalf of a limited child care centre (as defined in section 2(1) of the Health and Safety 10 in Employment Act 1992): Transport services (32) work driving a vehicle that is being used only for the purpose of conveying children and any persons supervising or caring for the children (for instance, school bus services): 15 (33) Policing services specialist child and family policing services provided by Po- lice employees (as defined in section 4 of the Policing Act 2008).
100 Vulnerable Children Bill Schedule 2 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: (aa) (aab) section 98AA (dealing in people under 18 for sexual section 98 (dealing in slaves): 5 20 exploitation): section 128B (sexual violation): section 129 (attempted sexual violation and assault with 10 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 15 member): section 131B (meeting young person following sexual grooming, etc): section 132 (sexual conduct with child under 12): section 133 (indecency with girl under 12): section 134 (sexual conduct with young person under 16): section 135 (indecent assault): section 138 (sexual exploitation of person with signifi- cant impairment): section 139 (indecent act between woman and girl): section 140 (indecency with boy under 12): section 140A (indecency with boy between 12 and 16): section 141 (indecent assault on man or boy): section 142A (compelling indecent act with animal): section 143 (bestiality): 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 172 (punishment of murder): section 173 (attempt to murder): 35 25 30 (a) (b) (c) (d) (e) (f) (g) (ga) (h) (i) (j) (ja) (jb) (jc) (jd) (je) (jf) (k) (l) (m) (n) (o) (oa) (p) 101 Schedule 2 Vulnerable Children Bill 10 15 (y) (x) (w) (xa) (xb) (t) (u) (v) (pa) (q) (qa) (r) (s) section 177 (punishment of manslaughter): section 178 (infanticide): section 182 (killing of unborn child): section 188 (wounding with intent): section 189(1) (injuring with intent to cause grievous 5 bodily harm): section 191 (aggravated wounding or injury): section 194 (assault on child): section 195 (ill-treatment or
 neglect of child or vulner- able adult): section 195A (failure to protect child or vulnerable adult): section 198 (discharging firearm or doing dangerous act with intent): section 204A (female genital mutilation): section 204B (further offences relating to female genital mutilation): section 208 (abduction for purposes of marriage or sex- ual connection): section 209 (kidnapping): (ya) (z) section 210 (abduction of young person under 16).
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.

An attempt to commit any offence referred to in subclause (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.
A conspiracy to commit any offence referred to in subclause 30 (1) or (2) is a specified offence.
An offence against any of the following sections of the Films, Videos, and Publications Classifications Act 1993 is a speci- fied offence for the purpose of subpart 3 of Part 1: (a) section 124 (offences relating to objectionable publica- 35 tions, involving knowledge): section 127(4) (exhibition to persons under 18): section 131A (offences relating to possession of objec- tionable publications, involving knowledge).
25 20 2 3 4 5 (b) (c) 102 Vulnerable Children Bill Schedule 2 6 An offence against section 209(1A) of the Customs and Excise Act 1996 is a specified offence for the purpose of subpart 3 of Part 1.
103 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) 104 Vulnerable Children Bill (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 Legislative history 2 September 2013 17 September 2013 Introduction (Bill 150–1) First reading and referral to Social Services Committee 12 Published under the authority of the House of Representatives—2014 Wellington, New Zealand: 105