Children’s Act 2014

1: Title
This Act is the Children’s Section 1 amended 21 December 2018 section 5 Children's Amendment Act 2018
2: Commencement
1: This Act comes into force on the day after the date on which it receives the Royal assent, except as provided in subsections (2) and (3).
2: Section 18 Part 3
3: Any provision not brought into force earlier comes into force 2 years after the date on which this Act receives the Royal assent.
4: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(2) brought into force 1 July 2015 section 2 Vulnerable Children Act Commencement Order 2015 Section 2(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 2A inserted 21 December 2018 section 6 Children's Amendment Act 2018
3: Act binds the Crown
1: This Act
2: Subsection (1) is subject to section 12 section 20 section 22 Section 3(2) amended 21 December 2018 section 7 Children's Amendment Act 2018
1: Strategy for improving children’s well-being and oranga tamariki action plan
Part 1 replaced 21 December 2018 section 8 Children's Amendment Act 2018
4: Purpose of this Part
The purpose of this Part is to—
a: require the Government to adopt, publish, and review a strategy for improving the well-being of children; and
b: ensure that children’s agencies work together to improve the well-being of particular groups of children. Section 4 replaced 21 December 2018 section 8 Children's Amendment Act 2018
4A: Treaty of Waitangi (Tiriti o Waitangi)
The duties of the responsible Minister set out in sections 6D(1)﻿(d) 7C(2)﻿(a) Section 4A inserted 21 December 2018 section 8 Children's Amendment Act 2018
5: Interpretation
1: In this Part, unless the context otherwise requires,— child
a: a person who is under the age of 18 years:
b: a person who is under the age of 21 years and has been in care (as defined in this subsection):
c: a person who is under the age of 25 years and is receiving transition support from the department under Part 7 Children and Young People’s Commission section 11 children’s agencies
a: Domestic Violence Act 1995
b: Education and Training Act 2020
c: Pae Ora (Healthy Futures) Act 2022
d: Oranga Tamariki Act 1989
e: Policing Act 2008
f: Social Security Act 2018
g: any other Act or Acts for the time being prescribed under subsection (2) children’s Ministers
a: have relevant portfolio responsibilities for 1 or more of the children’s agencies (but excluding all related Associate Ministers of the Crown, if any); or
b: are designated by the Prime Minister as children’s Ministers for the purpose of this Part core populations of interest to the department
a: children who have early risk factors for future involvement in the statutory care, protection, and youth justice systems under the Oranga Tamariki Act 1989
b: children who are all or any of the following:
i: children receiving assistance from the department (whether or not they are children in need of care or protection) under Part 2
ii: children who are subject to a custody order, an order appointing a person specified in section 110(1)﻿(a) to (e) Part 2
iii: children who are subject to proceedings or orders under Part 4 section 173 174
iv: children receiving transition support from the department under Part 7
c: children who are any persons who are under the age of 21 years and who have been in care (as defined in this subsection) department Oranga Tamariki Act 1989 financial year household child’s household section 5 in care
a: placed or detained in the custody or care of the chief executive of the department, a person, a body, or an organisation under the Oranga Tamariki Act 1989
b: remanded in the custody of the chief executive of the department under section 173 174
c: detained in a residence under section 34A oranga tamariki action plan plan Minister responsible Minister strategy UNCROC Schedule 2 UNCRPD
2: The Governor-General may, by Order in Council, prescribe any other Act or Acts for the purposes of paragraph (g) of the definition of children’s agencies in subsection (1).
3: An order under subsection (2) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 5 replaced 21 December 2018 section 8 Children's Amendment Act 2018 Section 5(1) Children and Young People’s Commission inserted 1 July 2023 section 41 Children and Young People's Commission Act 2022 Section 5(1) children’s agencies amended 1 August 2020 section 668 Education and Training Act 2020 Section 5(1) children’s agencies replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 5(1) Children’s Commissioner repealed 1 July 2023 section 41 Children and Young People's Commission Act 2022 Section 5(1) UNCROC amended 1 July 2023 section 41 Children and Young People's Commission Act 2022 Section 5(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Strategy for improving children’s well-being Heading inserted 21 December 2018 section 8 Children's Amendment Act 2018
6: Adoption of strategy
1: The responsible Minister must, after consulting the children’s Ministers, adopt a strategy to address—
a: improving the well-being of all children; and
b: improving, as a particular focus, the well-being of children with greater needs; and
c: reducing child poverty and mitigating impacts of child poverty and of socio-economic disadvantage experienced by children; and
d: improving the well-being of the core populations of interest to the department.
2: The responsible Minister may, after consulting with the children’s Ministers, change a strategy adopted under this section.
3: Subsections (1) and (2) do not limit or affect consultation with any other Ministers that the responsible Minister considers it appropriate to consult on the strategy. Section 6 replaced 21 December 2018 section 8 Children's Amendment Act 2018
6A: Strategy and international obligations
1: The strategy is intended to help New Zealand meet its international obligations relating to children.
2: Those obligations include New Zealand’s obligations relating to children under the UNCROC and the UNCRPD.
3: However, this Part does not, in and of itself, give domestic legal effect to, or implement in New Zealand law, any of those obligations. Section 6A inserted 21 December 2018 section 8 Children's Amendment Act 2018
6B: Policy-related principles Minister must have regard to before strategy adopted or changed
1: Before adopting a strategy, or changing a strategy adopted, under section 6
a: policies should be informed by evidence about their expected effectiveness in achieving the social and economic outcomes sought by the strategy:
b: policies should prevent or minimise negative social outcomes and, if they do occur, should address them as early as possible:
c: the Government should evaluate the effectiveness of policies.
2: In this section, policies Section 6B inserted 21 December 2018 section 8 Children's Amendment Act 2018
6C: Child-related principles Minister must have regard to before strategy adopted or changed
Before adopting a strategy, or changing a strategy adopted, under section 6
a: children’s intrinsic value and inherent dignity should be acknowledged:
b: children’s rights in New Zealand law (including children’s rights in New Zealand law that are derived from the UNCROC or the UNCRPD) must be respected and upheld:
c: children should be viewed in the context of their families, whānau, hapū, and iwi, other culturally recognised family groups, and communities. Section 6C inserted 21 December 2018 section 8 Children's Amendment Act 2018
6D: Other consultation before strategy adopted or changed
1: Before adopting a strategy, or changing a strategy adopted, under section 6
a: any children, or representatives of children, that the responsible Minister considers appropriate (in order to ensure that children’s views on the proposed strategy or change are taken into account); and
b: the Children and Young People’s Commission
c: the Minister of the Crown who is responsible for the Ministry of Māori Development; and
d: any representatives of Māori (for example, of iwi, and of Māori organisations) that the responsible Minister considers appropriate.
2: Subsection (1) does not limit or affect consultation with any other organisations, or any other individuals, that the responsible Minister considers it appropriate to consult on the strategy. Section 6D inserted 21 December 2018 section 8 Children's Amendment Act 2018 Section 6D(1)﻿(b) amended 1 July 2023 section 41 Children and Young People's Commission Act 2022
6E: Publication and status of strategy
1: A strategy, or changes to a strategy, adopted under section 6 section 7A
a: be notified in the Gazette
b: be published on, and available at all reasonable times from, an Internet site maintained by or on behalf of the children’s agencies.
2: The Gazette
3: Section 6E inserted 21 December 2018 section 8 Children's Amendment Act 2018 Section 6E(3) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
7: Content of strategy
1: The strategy must include outcomes sought—
a: under section 6(1)﻿(a), (b), and (d)
b: in particular, under section 6(1)﻿(c)
2: The strategy must indicate—
a: the extent to which the outcomes included in the strategy are measurable:
b: how the measurable outcomes will be measured, including by analysing disparities of outcome for—
i: children in poverty; and
ii: children who, compared with all children, are children with socio-economic disadvantage:
c: if 1 or more earlier strategies have been adopted under section 6
d: the policies that the Government intends to implement, after the adoption of the strategy, to achieve the outcomes sought by that strategy, and any steps that the Government intends to take to evaluate the effectiveness of those policies.
3: The strategy must include an assessment of the likely effect of Government policies whose aim is or includes all or any of the following:
a: reducing child poverty:
b: mitigating impacts of child poverty or of socio-economic disadvantage experienced by children.
4: The assessment required by subsection (3) must address the following matters:
a: economic changes likely to arise from the implementation of the policies:
b: how the impact of the policies may be affected by any economic changes external to the policies. Section 7 replaced 21 December 2018 section 8 Children's Amendment Act 2018
7A: Duty to review strategy
The responsible Minister must, in consultation with the children’s Ministers, complete a review of the strategy—
a: within 3 years after the date of its first adoption under section 6
b: thereafter within 3 years after the date of completion of the most recent review of it under this section. Section 7A inserted 21 December 2018 section 8 Children's Amendment Act 2018
7B: Duty to prepare and publish annual report on progress in achieving strategy’s outcomes
1: The responsible Minister must, within 9 months after a financial year, prepare a report on achievement, during that year, of the outcomes that the strategy indicates are sought, during that year, for children identified in the strategy.
2: Before finalising the report, the responsible Minister must consult the children’s Ministers on a draft of the report.
3: As soon as is reasonably practicable after the report is prepared, the responsible Minister must ensure that it is—
a: presented to the House of Representatives; and
b: published on 1 or more Internet sites maintained by or on behalf of the children’s agencies. Section 7B inserted 21 December 2018 section 8 Children's Amendment Act 2018
7C: Annual report: analysis of identified populations
1: The report required by section 7B
2: The identified populations
a: Māori children; and
b: any groups identified for the report under subsection (3).
3: The responsible Minister may identify for the report 1 or more groups of other children, analysis of whom may help achieve outcomes sought by the strategy.
4: Examples of groups of other children who may be identified are Pacific children, disabled children, and children with a disabled parent, guardian, or caregiver.
5: However, this section does not require the report to include analysis of the identified populations if, or so far as, available data is not reasonably adequate to enable that analysis to be done using the relevant statistical methodology. Section 7C inserted 21 December 2018 section 8 Children's Amendment Act 2018 Oranga tamariki action plan Heading inserted 21 December 2018 section 8 Children's Amendment Act 2018
7D: Purpose of plan
The purpose of the oranga tamariki action plan is to indicate how the chief executives of the children’s agencies will work together to improve the well-being of the core populations of interest to the department. Section 7D inserted 21 December 2018 section 8 Children's Amendment Act 2018
8: Preparation of plan
1: The chief executives of the children’s agencies must, after the strategy is adopted or changed under section 6 section 10A(1)﻿(b)
a: develop a draft oranga tamariki action plan; and
b: submit it to the plan Minister for approval.
2: The plan Minister must, after consulting the children’s Ministers about the draft plan,—
a: approve the draft plan; or
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.
3: The chief executives, on receiving a referral under subsection (2)﻿(b), must reconsider the draft plan and, as soon as is reasonably practicable, submit a revised draft plan to the plan Minister for approval under subsection (1). Section 8 replaced 21 December 2018 section 8 Children's Amendment Act 2018
8A: Publication and status of plan
1: The oranga tamariki action plan must, after it is approved by the plan Minister,—
a: be notified in the Gazette
b: be published on, and available at all reasonable times from, an Internet site maintained by or on behalf of the children’s agencies.
2: The Gazette
3: The oranga tamariki action plan may be published under subsection (1)﻿(b) with, or without, any related reports accompanying the draft plan submitted for approval under section 8(1)﻿(b)
4: Section 8A inserted 21 December 2018 section 8 Children's Amendment Act 2018 Section 8A(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
9: Content of plan
1: The oranga tamariki action plan (and any draft of it)—
a: must set out the steps that the chief executives of the children’s agencies will take to work together to achieve the outcomes that the strategy sets out for the core populations of interest to the department; and
b: may set out any other steps that the chief executives have decided that they will take to work together to improve the well-being of those groups.
2: The chief executives must consider how the steps to be set out in the plan will promote the best interests of the core populations of interest to the department (having regard to the whole of their lives), including (without limitation) by—
a: protecting them from abuse and neglect:
b: improving their physical and mental health and their cultural and emotional well-being:
c: improving their education and training and their participation in recreation and cultural activities:
d: strengthening their connection to their families, whānau, hapū, and iwi, or other culturally recognised family group:
e: increasing their participation in decision making about them, and their contribution to, and participation in, society:
f: improving their social and economic well-being (for example, by reducing, or mitigating the impacts of, poverty).
3: The steps to improve the well-being of children specified in paragraph (b) of the definition in section 5(1)
a: participation by the children’s agencies (and any contracted or related service providers, where appropriate) in assessment, planning, and decision making in relation to those children:
b: the provision of services (including any contracted or related services where appropriate) to those children. Section 9 replaced 21 December 2018 section 8 Children's Amendment Act 2018
10: Duration of plan
The oranga tamariki action plan—
a: comes into effect on a date (after the date on which it is approved) specified in it for the purpose; and
b: continues in force until it is amended or replaced under section 10A Section 10 replaced 21 December 2018 section 8 Children's Amendment Act 2018
10A: Review and amendment or replacement of plan
1: The chief executives of the children’s agencies must, working together, review the plan, within a time specified by the plan Minister, if—
a: the strategy adopted from time to time under section 6
b: the plan Minister so directs.
2: When reviewing the oranga tamariki action plan, the chief executives must—
a: consider whether the plan is still consistent with the current strategy adopted under section 6
b: if the chief executives consider it appropriate, recommend to the plan Minister that he or she—
i: approve amendments to the plan; or
ii: approve a new plan.
3: Sections 8(2) and (3) 8A Section 10A inserted 21 December 2018 section 8 Children's Amendment Act 2018
11: Implementation reports
Once the oranga tamariki action 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 plan Minister, by a date in each year specified by the plan Minister, on whether the agency has, or on the extent to which the agency has, before that date (and after the periods covered by all earlier reports, if any, under this paragraph), implemented the plan while it has been in force; and
b: ensure that a copy of every implementation report required by paragraph (a) is included in the agency’s next annual report (under section 43 Section 11 replaced 21 December 2018 section 8 Children's Amendment Act 2018 Effect and accountabilities Heading inserted 21 December 2018 section 8 Children's Amendment Act 2018
12: Effect of strategy and plan
1: The strategy and the oranga tamariki action plan do not—
a: create legal rules; or
b: create any legal right enforceable in a court of law; or
c: affect or limit the way in which a person (for example, a Minister of the Crown or chief executive of a department of State) is required to exercise a statutory power of decision; or
d: affect the interpretation of any enactment or the operation of a rule of law; or
e: restrict the ability of the Crown to exercise its powers and perform its functions and duties in accordance with the law and Government policy, for example, the ability to—
i: introduce legislation and change Government policy; and
ii: interact with or consult a person the Crown considers appropriate; or
f: restrict the responsibilities of a Minister of the Crown or a department of State.
2: Subsection (1) overrides section 13(1) Section 12 replaced 21 December 2018 section 8 Children's Amendment Act 2018
13: Accountabilities
1: For the purposes of the operation of the legislative and executive branches of Government,—
a: in the adopting and implementation of the strategy for improving the well-being of children, the responsible Minister is the Minister of the Crown who is accountable, both to Parliament and the Executive; and
b: in any matter relating to the oranga tamariki action plan, the plan Minister is the Minister of the Crown who is accountable, both to Parliament and the Executive; and
c: in any matter relating to the oranga tamariki action plan, the chief executive of each of the children’s agencies is accountable to the plan Minister.
2: Subsection (1)—
a: does not limit or affect—
i: section 12(1)
ii: the operation of the Public Finance Act 1989
iii: the independence of the Commissioner of Police (as affirmed by sections 8(e) 16(2)
b: overrides any other law to the contrary.
3: A duty, function, or power of the responsible Minister or the plan Minister, or of the chief executive of a children’s agency, is affected by this Part only to the extent necessary to give effect to subsection (1) (as overridden by section 12(1) Section 13 replaced 21 December 2018 section 8 Children's Amendment Act 2018
2: Child protection policies
14: Purpose of this Part
The purpose of this Part is to require child protection policies (that must contain provisions on the identification and reporting of child abuse and neglect) to be—
a: adopted and reported on by prescribed State services and the boards of Health New Zealand and the Māori Health Authority
b: adopted by school boards; and
c: adopted by certain people with whom those services or boards enter into contracts or funding arrangements. Section 14(a) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
15: Interpretation
1: In this Part, unless the context otherwise requires,— board child children's services
a: services provided to 1 or more children:
b: services to adults in respect of 1 or more children:
c: services provided to adults living in households that include 1 or more children, and that—
i: do or may affect significantly any 1 or more aspects of the well-being of those children; and
ii: are for the time being prescribed under subsection (2):
d: services provided in respect of children that are for the time being prescribed under subsection (3) Health New Zealand section 4 independent person Health New Zealand or the Māori Health Authority
a: a member of the board:
b: an employee or officer of the service or its chief executive, or the board Māori Health Authority section 17 prescribed State service
a: the Ministry of Business, Innovation, and Employment:
b: the Ministry of Education:
c: the Ministry of Health:
d: the Ministry of Justice:
e: the Ministry of Māori Development:
f: the Ministry of Social Development:
g: the New Zealand Police:
h: every other instrument for the time being prescribed under subsection (4) school board
a: a board as defined in section 10(1)
b: the manager or managers of a private school that is registered under section 214
2: The Governor-General may, by Order in Council, prescribe, for the purposes of paragraph (c)﻿(ii) of the definition of children'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
b: that do or may affect significantly any 1 or more aspects of the well-being of those children.
3: The Governor-General may, by Order in Council, prescribe, for the purposes of paragraph (d) of the definition of children's services in subsection (1), classes, descriptions, or kinds of services provided in respect of children.
4: The Governor-General may, by Order in Council, prescribe, for the purposes of paragraph (h) of the definition of prescribed State service in subsection (1), other instruments of the Crown in respect of the Government of New Zealand (whether departments, corporations, agencies, or other instruments), being instruments of that kind that are neither—
a: Health New Zealand
b: school boards.
5: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 15(1) board replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 15(1) child replaced 14 July 2017 section 7 Vulnerable Children Amendment Act 2017 Section 15(1) DHB repealed 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 15(1) Health New Zealand inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 15(1) independent person amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 15(1) Māori Health Authority inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 15(1) school board replaced 1 August 2020 section 668 Education and Training Act 2020 Section 15(4)﻿(a) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 15(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
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)
i: adopts, as soon as is practicable, a child protection policy; and
ii: ensures that a copy of the policy is available on an Internet site maintained by or on behalf of the service; and
iii: reviews the policy within 3 years of the date of its first adoption, or of its most recent review, under this section; and
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 (and to review in accordance with paragraph (a)﻿(iii)) 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
ii: some or all of the contract or arrangement is about providing children's services; and
c: reports in its annual report (under section 43
i: its operations have implemented any policy it is required to adopt under paragraph (a)﻿(i); and
ii: its contracts and funding arrangements have complied with paragraph (b).
17: Health New Zealand and Māori Health Authority The board of Health New Zealand and the board of the Māori Health Authority must each
a: adopt, as soon as is practicable
b: ensure that a copy of the policy is available on an Internet site maintained by or on behalf of the board; and
c: 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 paragraph (d)) a child protection policy if, in the opinion of the board,—
i: the person is or becomes a provider of children's services; and
ii: some or all of the contract or arrangement is about providing children's services; and
d: review the policy within 3 years of the date of its first adoption, or of its most recent review, under this section; and
e: report in its annual report (under section 150
i: its operations have implemented the policy it is required to adopt under paragraph (a); and
ii: its contracts and funding arrangements have complied with paragraph (c). Section 17 heading amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 17 amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 17(a) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
18: School boards to adopt and require child protection policies
Every school board must—
a: adopt, as soon as is practicable after the commencement (under section 2(2) or (3)
b: ensure that a copy of the policy is available on the Internet site (if any) maintained by or on behalf of the board or is available on school premises if requested; and
c: 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 paragraph (d)) a child protection policy if, in the opinion of the board,—
i: the person is or becomes a provider of children's services; and
ii: some or all of the contract or arrangement is about providing children's services; and
d: review the policy within 3 years of the date of its first adoption, or of its most recent review, under this section.
19: Content of child protection policy
Every child protection policy required by this Part must—
a: apply to the provision of children's services by the service, board, or independent person that adopts the policy; and
b: be written, and contain provisions (whether or not it contains provisions on any other matter or matters) on the identification and reporting of child abuse and neglect in accordance with section 15 Oranga Tamariki Act 1989 Section 19(b) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
20: Effect of child protection policy
A child protection policy does not—
a: create legal rules; or
b: create any legal right enforceable in a court of law; or
c: affect or limit the way in which a chief executive or other person is required to exercise a statutory power of decision; or
d: affect the interpretation of any enactment or the operation of a rule of law. Section 20 replaced 28 October 2021 section 3 Secondary Legislation Act 2021
3: Children's worker safety checking
21: Purpose of this Part
The purpose of this Part 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.
22: Application to Crown
1: A Crown organisation (as defined in the Crown Organisations (Criminal Liability) Act 2002
a: the offence is alleged to have been committed by the Crown organisation; and
b: the proceedings are commenced—
i: against the Crown organisation in its own name and the proceedings do not cite the Crown as defendant; and
ii: in accordance with the Crown Organisations (Criminal Liability) Act 2002
2: However, section 8(4) section 12
23: Interpretation
1: In this Part, unless the context otherwise requires,— child section 15 children's worker
a: may or does involve regular or overnight contact with a child or children (other than with children who are co-workers); and
b: takes place without a parent or guardian of the child, or of each child, being present core worker
a: is the only children's worker present; or
b: is the children's worker who has primary responsibility for, or authority over, the child or children present key agency
a: the Ministry of Social Development:
b: the Ministry of Health:
c: the Ministry of Education:
d: the Ministry of Justice:
e: the department responsible for the administration of the Oranga Tamariki Act 1989 local authority section 2(1) Parts 1 to 6 Minister non-core worker regulated service Schedule 1 safety checked section 31 screening service specified offence Schedule 2 specified organisation section 24 State services section 5 work
a: paid work; or
b: unpaid work that is undertaken as part of an educational or vocational training course.
2: A person's work involves regular or overnight contact
a: the person has contact (other than merely incidental contact) with a child or children—
i: overnight; or
ii: at least once each week; or
iii: on at least 4 days each month; and
b: that contact is any of the following kinds:
i: physical contact:
ii: oral communication, whether in person or by telephone:
iii: communication through any electronic medium, including by way of writing or visual images. Section 23(1) key agency inserted 14 July 2017 section 8 Vulnerable Children Amendment Act 2017 Section 23(1) State services amended 7 August 2020 section 135 Public Service Act 2020
24: Specified organisation defined
1: In this Part, specified organisation
a: any of the State services:
b: an individual or organisation that is funded (whether wholly or partly and whether directly or indirectly) by a State service to provide regulated services:
c: on and after the date that is 2 years after the date on which this Part comes into force (or any earlier date specified in regulations made under section 33(1)﻿(b)
i: local authorities; and
ii: 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 a specified organisation if it is declared by regulations made under section 33(1)﻿(c)
3: Despite subsection (1), the following are not specified organisations:
a: an individual ( person A child A
i: is a parent or guardian, or has the care, of child A; and
ii: receives funding (directly or indirectly) from a specified organisation for the purpose of securing the provision of particular regulated services to child A:
b: an organisation that does not (except as provided in subparagraph (i) or (ii)) receive funding, directly or indirectly, from a specified organisation to provide specified regulated services, but—
i: is paid by person A to provide some or all of the particular regulated services to child A; or
ii: receives funding, pursuant to an entitlement of person A, to provide some or all of the particular regulated services to child A. Obligations of specified organisations
25: Safety checks of new children's workers
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
2: The obligation in subsection (1) applies,—
a: with respect to core workers, to employment or engagement that commences on or after the date on which this Part comes into force; and
b: with respect to non-core workers, to employment or engagement that commences on or after the date that is 1 year after the date on which this Part 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 with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.
26: Safety checks of existing children's workers
1: A specified organisation must, on or before the applicable date set out in subsection (2), ensure that a safety check that complies with section 31
2: The applicable dates are as follows:
a: in the case of a core worker, the date that is 3 years after the date on which this Part comes into force:
b: in the case of a non-core worker, the date that is 4 years after the date on which this Part comes into force.
3: However, a specified organisation need not comply with subsection (1) if the organisation is satisfied that a safety check of the person that complies with section 31
4: A specified organisation that, in relation to a children's worker whom it continues to employ or engage, fails to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.
27: Periodic safety checks of children's workers
1: A specified organisation must ensure that each children's worker whom it employs or engages is safety checked within 3 years after the date of the latest safety check of the person that complied with section 31
2: A specified organisation that, in relation to a children's worker whom it employs or engages, fails to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.
28: Core worker convicted of specified offence not to be employed or engaged
1: This section applies to a person who—
a: has been convicted of a specified offence; and
b: does not hold an exemption granted under section 35
2: On and after the date on which this Part comes into force, a specified organisation must not employ or engage a person to whom this section applies as a core worker.
3: On and after the date that is 1 year after the date on which this Part comes into force, a specified organisation must not continue to employ or engage a person to whom this section applies as a core worker, regardless of when that worker commenced employment or was engaged, except as provided in this section.
4: On and after the date referred to in subsection (3), if a specified organisation believes that a worker whom it employs or engages is a person to whom this section applies, the organisation must immediately—
a: suspend the worker from all duties that require or enable him or her to act as a core worker; and
b: specify the period of suspension, which must be not less than 5 working days (but may be extended from time to time); and
c: tell the worker the reason for the suspension and the grounds for the organisation's belief; and
d: advise the worker that he or she may respond to the information provided under paragraph (c).
5: If a worker is suspended under subsection (4), the employer must not terminate the worker's employment or engagement until at least 5 working days after the suspension begins (unless the person's employment or engagement is terminated sooner for reasons unrelated to that suspension).
6: During the period of suspension, the employer must continue to pay the worker on whatever basis would apply to the worker had he or she been suspended on the grounds of serious misconduct.
7: 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 person is a person to whom subsection (1) applies.
8: If a worker's employment or engagement is terminated under subsection (7),—
a: no compensation or other payment is payable in respect of the termination, despite anything to the contrary in any contract or agreement; and
b: the termination is deemed to be a justifiable dismissal for the purposes of Part 9
9: A specified organisation that contravenes subsection (2) or (3), knowing that, or being reckless as to whether, the person is a person to whom this section applies, commits an offence and is liable on conviction to a fine not exceeding $50,000.
10: A specified organisation that contravenes subsection (4), (5), (6), or (7) commits an offence and is liable on conviction to a fine not exceeding $50,000.
11: Subsection (8)﻿(a) does not limit or affect the Wages Protection Act 1983 Defences
29: Defence of taking all reasonable steps
It is a defence to a charge for an offence against any of sections 25 to 27 section 31
30: Defence relating to short-term emergencies
It is a defence to a charge for an offence against sections 25 to 28
a: the specified organisation considered that an emergency had occurred, or unexpected conditions had arisen, that increased the risks to any children to whom it provides regulated services:
b: in order to reduce the risks to those children, the organisation employed or engaged additional children's workers:
c: 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. Safety checks
31: Requirements of safety checks
1: Every safety check of a person must comply with the requirements for safety checks for core workers or for non-core workers (as appropriate) prescribed by this section and by regulations made under section 32
2: 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
b: consideration of specific information prescribed by regulations made under section 32
c: a risk assessment, carried out as prescribed by regulations made under section 32
3: Despite anything in the Criminal Records (Clean Slate) Act 2004 Regulations
32: Regulations prescribing requirements for safety checks
1: The Governor-General may, by Order in Council, make regulations prescribing requirements for safety checks, including the following:
a: prescribing the way or ways in which a person's identity must be confirmed:
b: prescribing the information that must be considered in the course of a safety check:
c: prescribing the manner in which a risk assessment must be carried out, and the content of a risk assessment:
d: providing that certain forms of checking undertaken by the licensing body of any specified profession or occupation may be treated as satisfying the requirement for safety checking, or for satisfying any 1 or more prescribed requirements for safety checking:
e: prescribing forms for use in safety checking:
f: providing for any other matter contemplated by or necessary for giving effect to the provisions of this Act that relate to the requirements for safety checking.
2: Regulations made under this section may provide that different requirements relating to safety checking do, or do not, apply to or in respect of different—
a: classes of children's worker; and
b: specified organisations or classes of specified organisation.
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 32(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
33: Other regulations
1: The Governor-General may, by Order in Council, make regulations for any of the following purposes:
a: amending (subject to subsections (2) and (3)) Schedule 1
i: adding any new regulated service; or
ii: omitting any regulated service; or
iii: correcting or updating the description of any regulated service:
b: specifying a date (being a date earlier than 2 years after the date on which this Part comes into force) on which local authorities, and the individuals and organisations referred to in section 24(1)﻿(c)
c: providing that individuals or organisations, or classes of individuals or organisations, are not specified organisations (but see
d: prescribing the process, not inconsistent with this Part, for applying for, granting, and revoking exemptions under section 35
e: prescribing the processes and requirements for approving screening services under section 40
f: providing for any other matter contemplated by this Part, necessary for its administration, or necessary for giving it full effect.
2: Regulations may be made under subsection (1)﻿(a)﻿(i) only in accordance with a recommendation by the Minister that he or she is satisfied that the service proposed to be added to Schedule 1
3: Regulations may be made under subsection (1)﻿(a)﻿(ii) only in accordance with a recommendation by the Minister that he or she is satisfied that omitting the regulated service from Schedule 1
4: Regulations may be made under subsection (1)﻿(c) only in accordance 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 regulations are not specified organisations will not result in undue risk to the safety of children.
5: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 33(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
34: Transitional provision relating to local authorities, etc
1: In this section,— original specified organisation section 24(1)﻿(a) or (b) later specified organisation
2: In order to enable the obligations in sections 25 26 28 Part Exemption for workers convicted of specified offence
35: Exemption for certain individuals
1: The chief executive of any key agency may grant an exemption under this section to a person who has been convicted of a specified offence.
2: An exemption may be granted only if the chief executive is satisfied that the person would not pose an undue risk to the safety of children if employed or engaged as a core worker.
3: An exemption may be qualified or contain conditions.
36: Application for exemption
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: the person's full name and contact details:
b: 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
ii: the date of conviction; and
iii: any sentence imposed; and
iv: the sentence expiry date (if any):
c: whether the person is subject to any conditions imposed under—
i: the Parole Act 2002
ii: the Sentencing Act 2002
iii: the Criminal Justice Act 1985
d: any other information prescribed by regulations made under section 33
e: any other information the applicant wishes to place before the chief executive to whom the application is sent.
2: A chief executive who receives an application may, with the agreement of the chief executive of a different key agency, refer the application to that other chief executive for decision.
3: Before making a decision on an application, a chief executive must confirm—
a: whether the person has previously applied for an exemption, and the outcome of that application; and
b: whether the person has ever had an exemption revoked. Section 36(1)﻿(c) replaced 17 December 2016 section 109 Statutes Amendment Act 2016
37: Revocation of exemption
1: The chief executive of the key agency that granted an exemption may revoke it at any time without notice.
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
b: is satisfied on reasonable grounds that the person would pose an undue risk to the safety of children if employed or engaged as a core worker.
38: Appeal against decision not to grant, or to revoke, exemption
A person whose application for an exemption has been declined, and a person whose exemption has been revoked, may appeal to the High Court against the decision not to grant the application, or to revoke it, as appropriate. Monitoring compliance
39: Requirement to provide information to chief executives
1: The chief executive of any key agency may, for the purpose of monitoring compliance with this Part, require any specified organisation to provide to the chief executive, in the manner and within the time specified, information about the safety checking of children's workers employed or engaged by the organisation.
2: The chief executive of any key agency may exercise the power 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.
3: The chief executive may require any specified organisation to provide details to the chief executive of any safety check done on a named person and the person's work history, including—
a: how the person's identity was confirmed; and
b: all information provided about the person in the course of the safety check; and
c: the risk assessment of the person; and
d: 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. Miscellaneous
40: Approval of screening services
1: The chief executive of any key agency may approve a screening service to carry out specified aspects of safety checks.
2: Every approval—
a: must specify the aspects of a safety check that the screening service is approved to provide; and
b: may specify which specified organisations, and which kind of children's worker, the screening services may be used in relation to.
3: If regulations are made under section 33(1)﻿(e)
4: Notice of every approval, and of every suspension or cancellation, must be given in the Gazette
41: Prosecution of offences
1: A charging document for an offence against any provision of this Part 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 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
42: Amendments to Crown Organisations (Criminal Liability) Act 2002
1: This section amends the Crown Organisations (Criminal Liability) Act 2002
2: After section 6(1)﻿(d)
e: an offence against Part 3 of the Vulnerable Children Act 2014
3: In section 7(a) or the Resource Management Act 1991 the Resource Management Act 1991, or Part 3 of the Vulnerable Children Act 2014 OIC LI 2015/107 2015-07-01 Crown Organisations (Criminal Liability) Act 2002 Part 3 brought into force on 1 July 2015. See section 2(2) and (3)
43: Amendment to Sentencing Act 2002
1: This section amends the Sentencing Act 2002
2: In section 4(4) or the Resource Management Act 1991, the Resource Management Act 1991, or Part 3 of the Vulnerable Children Act 2014 OIC LI 2015/107 2015-07-01 Sentencing Act 2002 Part 3 brought into force on 1 July 2015. See section 2(2) and (3)
44: Amendment to Criminal Records (Clean Slate) Act 2004
1: This section amends the Criminal Records (Clean Slate) Act 2004
2: In section 6(1) The clean slate scheme applies (except as provided in section 31(3) of the Vulnerable Children Act 2014 OIC LI 2015/107 2015-07-01 Criminal Records (Clean Slate) Act 2004 Part 3 brought into force on 1 July 2015. See section 2(2) and (3)