Oranga Tamariki Act 1989

1:
1: This Act may be cited as—
a: the Oranga Tamariki Act 1989; or
b: the Children’s and Young People’s Well-being Act 1989.
2: This Act shall come into force on 1 November 1989. Section 1 heading amended 14 July 2017 section 6(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 1(1) replaced 14 July 2017 section 6(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
2: Interpretation
1: In this Act, unless the context otherwise requires,— care and protection co-ordinator chief executive section 423 care and protection resource panel section 428 care or protection order
a: an interim custody order described in section 78(1) or (1A)
b: an order described in section 83(1)﻿(a)
c: an order described in section 83(1)﻿(b)
d: an order described in section 83(1)﻿(c)
e: a services order under section 86
f: an interim services order under section 86A
g: a restraining order under section 87
h: an interim restraining order under section 88
i: a support order under section 91
j: an interim support order under section 92
k: a custody order under section 101
l: an order under section 110
m: an interim guardianship order under section 110AA chief executive child child abuse child and family support service chief executive section 396(3) child welfare and protection agency
a: the department:
b: the Department of Corrections:
c: the Ministry of Health:
d: the Ministry of Social Development:
e: the Ministry of Education:
f: the Ministry of Justice:
g: the New Zealand Police:
h: Housing New Zealand Corporation:
i: every registered community housing provider (as defined in section 2(1)
j: Health New Zealand:
k: every school board (as defined in section 15(1)
l: every early childhood service (as defined in section 10(1)
m: any person, body, or organisation that provides regulated services (as specified in Schedule 1
n: any organisation or class of organisation designated as a child welfare and protection agency by regulations made under section 447(1)﻿(ga)﻿(i)
o: the Māori Health Authority Children and Young People’s Commission section 11 community service chief executive section 403 convene sections 20 25 Part 2 sections 247 253 Part 4 reconvene court Parts 2 3 3A the Family Court, and in relation to Parts 4 5 cultural social service chief executive section 396(2) custody delegate department document
a: any writing on any material:
b: any information recorded or stored by means of any tape-recorder, computer, or other device; and any material subsequently derived from information so recorded or stored:
c: any label, marking, or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means:
d: any book, map, plan, graph, or drawing:
e: any photograph, film, negative, tape, or other device in which 1 or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced enforcement agency
a: the New Zealand Police:
b: any department as defined in section 5
ba: any interdepartmental venture as defined in section 5
c: a local authority enforcement agency office
a: a Police station:
b: any premises occupied by—
i: any department as defined in section 5
ia: any interdepartmental venture as defined in section 5
ii: any local authority enforcement officer
a: any constable
b: an enforcement officer (as defined in section 2(1)
c: any person acting in the course of their
i: the public service as defined in section 5 section 10(a)﻿(iii)
ii: a local authority ex parte application family group
a: in which there is at least 1 adult member—
i: with whom the child or young person has a biological or legal relationship; or
ii: to whom the child or young person has a significant psychological attachment; or
b: that is the child's or young person's whanau or other culturally recognised family group family group conference
a: in relation to Part 2 section 20
b: in relation to Part 4 section 247 section 270 section 281 or section 281B family resource centre guardianship section 15 guardian , and includes, without limitation, a person who is a guardian by virtue of this Act Health New Zealand section 4 health practitioner section 5 held
a: deemed, for the purposes of the Official Information Act 1982 see section 2(4) and (5)
b: held by officers or employees or members of organisations or entities that are not subject to the Official Information Act 1982 hospital section 2(1) Independent Monitor of the Oranga Tamariki System section 8(1) independent person
a: a practitioner registered under the Health Practitioners Competence Assurance Act 2003
b: a children’s worker (as defined in section 23(1)
c: a person or class of persons designated as an independent person by regulations made under section 447(1)﻿(ga)﻿(ii) iwi authority iwi social service chief executive section 396(1) lay advocate mana tamaiti (tamariki) Māori Health Authority section 4 medical practitioner section 114(1)﻿(a) Minister near relative non-Schedule 1A offence Schedule 1A parent permanent caregiver
a: a special guardian; or
b: a person—
i: appointed as a guardian of the child or young person under section 27 section 78 101 110 section 140
ii: who has the day-to-day care of the child or young person pursuant to a parenting order made under section 48 psychologist section 114(1)﻿(a) related charge section 276AA(4) residence
a: means any residential centre, family home, group home, foster home, family resource centre, or other premises or place chief executive
b: includes any place of care or treatment, so approved, whether administered by the Crown or not; but
c: does not include—
i: a prison
ii: a Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003
iii:
iv: a children's health camp operated by Children's Health Camps—The New Zealand Foundation for Child and Family Health and Development Schedule 1A offence Schedule 1A secure care section 364 social worker special guardian section 110 section 113A subsequent child section 18B tikanga Māori traffic offence
a: any offence against the Road User Charges Act 2012 Land Transport Act 1998 Land Transport Management Act 2003 any secondary legislation
b: any offence against any secondary legislation UNCROC victim section 2B well-being whakapapa whanaungatanga
a: the purposeful carrying out of responsibilities based on obligations to whakapapa:
b: the kinship that provides the foundations for reciprocal obligations and responsibilities to be met:
c: the wider kinship ties that need to be protected and maintained to ensure the maintenance and protection of their sense of belonging, identity, and connection working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
ab: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
b: a day in the period commencing with 25 December in a year and ending with 15 January in the following year; and
c: in relation to a requirement to file a document with any court or to supply a document before a sitting of any court,—
i: the day observed as the anniversary of the province in which the court is situated; and
ii: any other day that is observed by the court as a court holiday young person section 386AAA youth advocate section 248A 323 youth justice co-ordinator chief executive section 425 youth justice residence section 365(4)
1A: In this Act, any reference to the chief executive includes a person who is a delegate of the chief executive or a subdelegate of that delegate irrespective of whether the provision in which the chief executive is referred to contains a reference to a delegate of the chief executive.
2: Where any proceedings are being considered or have been taken in respect of any offence allegedly committed by a person when that person was a child or young person, the age of that person at the date of the alleged offence shall be that person's age for the purpose of—
a: whether there is jurisdiction to take any proceedings in respect of that alleged offence, and, subject to paragraph (d), which court has jurisdiction in respect of proceedings that may be taken; and
b: the proceedings taken,— but nothing in this subsection shall—
c: require or authorise any family group conference in respect of the alleged offence before or at any stage of the proceedings if, at the time the conference would otherwise be required, that person has attained the age of 19 years
d: require any proceedings to be taken in the Youth Court charging document is filed 19 years
e: derogate from the provisions of section 6 Part 4
3: Where any charging document is filed the District Court section 322
4: Where any proceedings have been taken under Part 2 1974 No 72 s 2 1981 No 113 s 50(4) 1982 No 135 s 2 1983 No 129 s 2 Section 2(1) care and protection co-ordinator amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 2(1) care or protection order inserted 1 July 2019 section 7(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 2(1) chief executive inserted 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 2(1) child replaced 14 July 2017 section 7(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 2(1) child abuse inserted 8 January 1995 section 2(1) Children, Young Persons, and Their Families Amendment Act 1994 Section 2(1) child and family support service amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 2(1) child welfare and protection agency inserted 1 July 2019 section 7(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 2(1) child welfare and protection agency replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2(1) child welfare and protection agency amended 1 August 2020 section 668 Education and Training Act 2020 Section 2(1) child welfare and protection agency inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2(1) Children and Young People’s Commission inserted 1 July 2023 section 41 Children and Young People's Commission Act 2022 Section 2(1) Commissioner repealed 1 July 2023 section 41 Children and Young People's Commission Act 2022 Section 2(1) community service amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 2(1) convene inserted 8 January 1995 section 2(2) Children, Young Persons, and Their Families Amendment Act 1994 Section 2(1) court amended 1 March 2017 section 261 District Court Act 2016 Section 2(1) court amended 1 November 1999 section 6 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 Section 2(1) Cultural Authority repealed 8 January 1995 section 2(3) Children, Young Persons, and Their Families Amendment Act 1994 Section 2(1) cultural social service inserted 8 January 1995 section 2(3) Children, Young Persons, and Their Families Amendment Act 1994 Section 2(1) cultural social service amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 2(1) delegate inserted 1 July 2019 section 7(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 2(1) department replaced 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 2(1) DHB repealed 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2(1) Director-General repealed 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 2(1) enforcement agency replaced 7 August 2020 section 135 Public Service Act 2020 Section 2(1) enforcement agency inserted 7 August 2020 section 135 Public Service Act 2020 Section 2(1) enforcement agency office replaced 7 August 2020 section 135 Public Service Act 2020 Section 2(1) enforcement agency office inserted 7 August 2020 section 135 Public Service Act 2020 Section 2(1) enforcement officer amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 2(1) enforcement officer replaced 1 March 1999 section 215(1) Land Transport Act 1998 Section 2(1) enforcement officer amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 2(1) enforcement officer replaced 7 August 2020 section 135 Public Service Act 2020 Section 2(1) family group conference amended 8 January 1995 section 2(4) Children, Young Persons, and Their Families Amendment Act 1994 Section 2(1) guardianship amended 1 July 2014 section 6(2) KiwiSaver (Vulnerable Children) Amendment Act 2014 Section 2(1) guardianship amended 1 July 2005 section 151 Care of Children Act 2004 Section 2(1) Health New Zealand inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2(1) health practitioner inserted 31 January 2018 section 4(1) Children, Young Persons, and Their Families Amendment Act (No 2) 2016 Section 2(1) held inserted 1 July 2019 section 7(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 2(1) hospital inserted 31 January 2018 section 4(1) Children, Young Persons, and Their Families Amendment Act (No 2) 2016 Section 2(1) Independent Monitor of the Oranga Tamariki System inserted 1 May 2023 section 65 Oversight of Oranga Tamariki System Act 2022 Section 2(1) independent person inserted 1 July 2019 section 7(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 2(1) indictable offence repealed 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 2(1) iwi authority inserted 1 July 2019 section 7(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 2(1) iwi social service inserted 8 January 1995 section 2(5) Children, Young Persons, and Their Families Amendment Act 1994 Section 2(1) iwi social service amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 2(1) mana tamaiti (tamariki) inserted 1 July 2019 section 7(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 2(1) Māori Health Authority inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2(1) medical practitioner inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) Minister replaced 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 2(1) near relative amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 2(1) non-Schedule 1A offence inserted 1 July 2019 section 4 Oranga Tamariki Legislation Act 2019 Section 2(1) parent replaced 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 2(1) permanent caregiver inserted 30 June 2016 section 4 Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 2(1) psychiatric hospital repealed 31 January 2018 section 4(2) Children, Young Persons, and Their Families Amendment Act (No 2) 2016 Section 2(1) psychologist inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) purely indictable offence repealed 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 2(1) related charge inserted 1 July 2019 section 4 Oranga Tamariki Legislation Act 2019 Section 2(1) residence amended 1 October 2010 section 5 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 2(1) residence amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 2(1) residence amended 1 June 2005 section 206 Corrections Act 2004 Section 2(1) residence replaced 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 2(1) residence amended 31 January 2018 section 4(3) Children, Young Persons, and Their Families Amendment Act (No 2) 2016 Section 2(1) residence repealed 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 2(1) residence amended 1 April 2000 section 8 Children's Health Camps Board Dissolution Act 1999 Section 2(1) Schedule 1A offence inserted 1 July 2019 section 4 Oranga Tamariki Legislation Act 2019 Section 2(1) Social Welfare District District repealed 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 2(1) social worker replaced 1 April 1990 section 35(1)﻿(d) Social Welfare (Transitional Provisions) Act 1990 Section 2(1) social worker amended 7 August 2020 section 135 Public Service Act 2020 Section 2(1) social worker amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 2(1) special guardian inserted 30 June 2016 section 4 Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 2(1) subsequent child inserted 30 June 2016 section 4 Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 2(1) summary offence repealed 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 2(1) tikanga Māori inserted 1 July 2019 section 7(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 2(1) traffic offence replaced 23 July 2011 section 4 Children, Young Persons, and Their Families Amendment Act 2011 Section 2(1) traffic offence amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) traffic offence amended 1 August 2012 section 94 Road User Charges Act 2012 Section 2(1) traffic offence amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) UNCROC inserted 1 July 2019 section 7(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 2(1) victim replaced 6 December 2014 section 4 Children, Young Persons, and Their Families Amendment Act 2014 Section 2(1) well-being inserted 1 July 2019 section 7(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 2(1) whakapapa inserted 1 July 2019 section 7(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 2(1) whanaungatanga inserted 1 July 2019 section 7(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 2(1) working day replaced 1 November 1999 section 6 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 Section 2(1) working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 2(1) working day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 2(1) young person replaced 1 July 2019 section 7(4) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 2(1) youth advocate replaced 1 July 2019 section 7(5) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 2(1) youth justice co-ordinator amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 2(1) youth justice residence inserted 1 July 2019 section 7(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 2(1A) inserted 1 April 2017 section 4(2) Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 2(2) replaced 8 January 1995 section 2(6) Children, Young Persons, and Their Families Amendment Act 1994 Section 2(2)﻿(c) amended 1 July 2019 section 7(6) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 2(2)﻿(d) amended 1 July 2019 section 7(6) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 2(2)﻿(d) amended 1 March 2017 section 261 District Court Act 2016 Section 2(2)﻿(d) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 2(2)﻿(e) amended 30 June 2002 section 186 Sentencing Act 2002 Section 2(3) inserted 8 January 1995 section 2(6) Children, Young Persons, and Their Families Amendment Act 1994 Section 2(3) amended 1 March 2017 section 261 District Court Act 2016 Section 2(3) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 2(4) inserted 8 January 1995 section 2(6) Children, Young Persons, and Their Families Amendment Act 1994
2A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 2A replaced 1 April 2017 section 5 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016
2B: Meaning of victim
1: In this Act, victim
a: a person against whom an offence is committed by a child or young person:
b: a person who, through, or by means of, an offence committed by a child or young person, suffers physical injury or loss of, or damage to, property:
c: a parent or guardian of a child or young person who is a victim within the meaning of paragraph (a) or (b), unless that parent or guardian is—
i: the child or young person charged with the commission of the offence concerned:
ii: the child or young person against whom a charge in respect of the offence has been proved before the Youth Court
d: a member of the immediate family of a person who, as a result of an offence committed by a child or young person, dies or is incapable, unless that member is—
i: the child or young person charged with the commission of the offence concerned:
ii: the child or young person against whom a charge in respect of the offence has been proved before the Youth Court
2: If an offence is committed by a child or young person then, despite subsection (1), victim
a: any other person against whom (whether as a principal or party or accessory after the fact or otherwise)—
i: that offence is proved before the Youth Court
ii: an offence relating to the same incident or series of incidents as that offence is proved before the Youth Court
b: any other person who (whether as principal or party or accessory after the fact or otherwise)—
i: is charged with the commission of, or convicted or found guilty of, that offence; or
ii: is charged with the commission of, or convicted or found guilty of, an offence relating to the same incident or series of incidents as that offence.
3: For the purposes of the definition of victim immediate family incapable section 4 offence Section 2B inserted 6 December 2014 section 5 Children, Young Persons, and Their Families Amendment Act 2014 Section 2B(1)﻿(c)﻿(ii) amended 1 March 2017 section 261 District Court Act 2016 Section 2B(1)﻿(d)﻿(ii) amended 1 March 2017 section 261 District Court Act 2016 Section 2B(2)﻿(a)﻿(i) amended 1 March 2017 section 261 District Court Act 2016 Section 2B(2)﻿(a)﻿(ii) amended 1 March 2017 section 261 District Court Act 2016
3: Act to bind the Crown
This Act binds the Crown.
1: Purposes, Part 1 heading amended 1 July 2019 section 8 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Purposes Heading replaced 1 July 2019 section 9 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
4: Purposes
1: The purposes of this Act are to promote the well-being of children, young persons, and their families, whānau, hapū, iwi, and family groups by—
a: establishing, promoting, or co-ordinating services that—
i: are designed to affirm mana tamaiti (tamariki), are centred on children’s and young persons’ rights, promote their best interests, advance their well-being, address their needs, and provide for their participation in decision making that affects them:
ii: advance positive long-term health, educational, social, economic, or other outcomes for children and young persons:
iii: are culturally appropriate and competently provided:
b: supporting and protecting children and young persons to—
i: prevent them from suffering harm (including harm to their development and well-being), abuse, neglect, ill treatment, or deprivation or by responding to those things; or
ii: prevent offending or reoffending or respond to offending or reoffending:
c: assisting families, whānau, hapū, iwi, and family groups to—
i: prevent their children and young persons from suffering harm, abuse, neglect, ill treatment, or deprivation or by responding to those things; or
ii: prevent their children or young persons from offending or reoffending or respond to offending or reoffending:
d: assisting families and whānau, hapū, iwi, and family groups, at the earliest opportunity, to fulfil their responsibility to meet the needs of their children and young persons (including their developmental needs, and the need for a safe, stable, and loving home):
e: ensuring that, where children and young persons require care under the Act, they have—
i: a safe, stable, and loving home from the earliest opportunity; and
ii: support to address their needs:
f: providing a practical commitment to the principles of the Treaty of Waitangi
g: recognising mana tamaiti (tamariki), whakapapa, and the practice of whanaungatanga for children and young persons who come to the attention of the department:
h: maintaining and strengthening the relationship between children and young persons who come to the attention of the department and their—
i: family, whānau, hapū, iwi, and family group; and
ii: siblings:
i: responding to alleged offending and offending by children and young persons in a way that—
i: promotes their rights and best interests and acknowledges their needs; and
ii: prevents or reduces offending or future offending; and
iii: recognises the rights and interests of victims; and
iv: holds the children and young persons accountable and encourages them to accept responsibility for their behaviour:
j: assisting young persons who are or have been in care or custody under the Act to successfully transition to adulthood in the ways provided in the Act.
2: In subsection (1)﻿(c) and (d), assisting 1974 No 72 s 3 Section 4 replaced 1 July 2019 section 9 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
4A: Well-being and best interests of child or young person
1: In all matters relating to the administration or application of this Act (other than Parts 4 5 sections 351 to 360 sections 5 13
2: In all matters relating to the administration or application of Parts 4 5 sections 351 to 360 sections 5 208
a: the well-being and best interests of the child or young person; and
b: the public interest (which includes public safety); and
c: the interests of any victim; and
d: the accountability of the child or young person for their behaviour. 1989 No 24 s 6 Section 4A inserted 1 July 2019 section 10 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 General principles
5: Principles to be applied in exercise of powers under this Act
1: Any court that, or person who, exercises any power under this Act must be guided by the following principles:
a: a child or young person must be encouraged and assisted, wherever practicable, to participate in and express their views about any proceeding, process, or decision affecting them, and their views should be taken into account:
b: the well-being of a child or young person must be at the centre of decision making that affects that child or young person, and, in particular,—
i: the child’s or young person’s rights (including those rights set out in UNCROC and the United Nations Convention on the Rights of Persons with Disabilities) must be respected and upheld, and the child or young person must be—
A: treated with dignity and respect at all times:
B: protected from harm:
ii: the impact of harm on the child or young person and the steps to be taken to enable their recovery should be addressed:
iii: the child’s or young person’s need for a safe, stable, and loving home should be addressed:
iv: mana tamaiti (tamariki) and the child’s or young person’s well-being should be protected by recognising their whakapapa and the whanaungatanga responsibilities of their family, whānau, hapū, iwi, and family group:
v: decisions should be made and implemented promptly and in a time frame appropriate to the age and development of the child or young person:
vi: a holistic approach should be taken that sees the child or young person as a whole person which includes, but is not limited to, the child’s or young person’s—
A: developmental potential; and
B: educational and health needs; and
C: whakapapa; and
D: cultural identity; and
E: gender identity; and
F: sexual orientation; and
G: disability (if any); and
H: age:
vii: endeavours should be made to obtain, to the extent consistent with the age and development of the child or young person, the support of that child or young person for the exercise or proposed exercise, in relation to that child or young person, of any power conferred by or under this Act:
viii: decisions about a child or young person with a disability—
A: should be made having particular regard to the child’s or young person’s experience of disability and any difficulties or discrimination that may be encountered by the child or young person because of that disability; and
B: should support the child’s or young person’s full and effective participation in society:
c: the child’s or young person’s place within their family, whānau, hapū, iwi, and family group should be recognised, and, in particular, it should be recognised that—
i: the primary responsibility for caring for and nurturing the well-being and development of the child or young person lies with their family, whānau, hapū, iwi, and family group:
ii: the effect of any decision on the child’s or young person’s relationship with their family, whānau, hapū, iwi, and family group and their links to whakapapa should be considered:
iii: the child’s or young person’s sense of belonging, whakapapa, and the whanaungatanga responsibilities of their family, whānau, hapū, iwi, and family group should be recognised and respected:
iv: wherever possible, the relationship between the child or young person and their family, whānau, hapū, iwi, and family group should be maintained and strengthened:
v: wherever possible, a child’s or young person’s family, whānau, hapū, iwi, and family group should participate in decisions, and regard should be had to their views:
vi: endeavours should be made to obtain the support of the parents, guardians, or other persons having the care of the child or young person for the exercise or proposed exercise, in relation to that child or young person, of any power conferred by or under this Act:
d: the child’s or young person’s place within their community should be recognised, and, in particular,—
i: how a decision affects the stability of a child or young person (including the stability of their education and the stability of their connections to community and other contacts), and the impact of disruption on this stability should be considered:
ii: networks of, and supports for, the child or young person and their family, whānau, hapū, iwi, and family group that are in place before the power is to be exercised should be acknowledged and, where practicable, utilised.
2: Subsection (1) is subject to section 4A 1974 No 72 ss 4A–4C; 1983 No 129 s 3 Section 5 replaced 1 July 2019 section 11 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
6: Welfare and interests of child or young person paramount
Section 6 repealed 1 July 2019 section 12 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 General duties
7: Duties of
chief executive
1: It is the duty of the chief executive chief executive's
a: that the purposes
b: that those purposes sections 4A 5
2: In carrying out the duty imposed by subsection (1), the chief executive must
a: monitor, and advise the Minister on, the effect of social policies and social issues on children, young persons, families, whanau, hapu, iwi, and family groups:
b: promote—
i: the establishment of services (including social work services, family support services, and community-based services) designed to improve the well-being of and long-term outcomes for children and young persons; and
ii: the adoption of policies (including the provision of financial support to parents, families, and family groups)— that are designed to provide assistance to children and young persons who lack adequate parental care, or require protection from harm, or need accommodation or social or recreational activities:
bab: ensure, where practicable, that any services funded by the department to reduce the impact of early risk factors for future involvement in the care, protection, or youth justice systems under this Act are co-ordinated with other government-funded activities for improving outcomes for children, young persons, and families, or reducing the impact of those early risk factors so that those services and activities—
i: are unified under a shared strategy and set of outcomes with respect to children and young persons with those early risk factors; and
ii: adopt a common approach to evaluating the set of outcomes sought and, where possible, determining the return on investment by the Government in those services and activities; and
iii: are available to meet the needs of children and young persons of different ages and at different developmental stages, and include processes to support children and young persons to move between services and activities as they get older and develop:
bac: comply with regulations (relating to standards of care) made under section 447(1)﻿(fa)
bad: establish, amend, or replace, after consulting the Public Service Commissioner
i: to complain about actions or omissions under this Act or regulations made under this Act in relation to those children and young persons by the chief executive, the chief executive’s delegates, and employees of the department; and
ii: to receive responses to those complaints that are—
A: timely and fair; and
B: centred on the child or young person:
bae: ensure that the policies and services provided by the department are informed by the outcomes of cases considered by the complaints process and any reviews of those outcomes:
baf: develop and publish policies and practice standards in relation to the chief executive’s role in—
i: managing, and participating in, family group conferences; and
ii: giving effect to the conferences’ outcomes:
bag: publish information, in any form or medium that the chief executive considers will be accessible to children and young persons in the care or custody of the chief executive and their parents, whānau, families, and caregivers, summarising—
i: the rights of children and young persons in the care or custody of the chief executive; and
ii: the standard of care they should expect from the department under this Act or regulations made under this Act:
ba: in relation to child abuse,—
i: promote, by education and publicity, among members of the public (including children and young persons) and members of professional and occupational groups, awareness of child abuse, the unacceptability of child abuse, the ways in which child abuse may be prevented, the need to report cases of child abuse, and the ways in which child abuse may be reported; and
ii: develop and implement protocols for agencies (both governmental and non-governmental) and professional and occupational groups in relation to the reporting of child abuse, and monitor the effectiveness of such protocols:
bb: ensure that services are available to children and young persons who are subject to any action or receiving any service under Parts 2 to 7
i: matters that are important to them in relation to that action or service; and
ii: the operation and effectiveness of processes and services under this Act, for the purpose of contributing to the improvement of these:
c: ensure, wherever possible, that all policies adopted by the department, and all services provided by the department,—
i: recognise the social, economic, and cultural values of all cultural and ethnic groups; and
ii: have particular regard for the values, culture, and beliefs of the Maori people; and
iia: have regard to the views of children and young persons, including the views received by the services referred to in subsection (2)﻿(bb):
iii: support the role of families, whanau, hapu, iwi, and family groups; and
iv: avoid the alienation of children and young persons from their family, whanau, hapu, iwi, and family group:
d: establish and fund care and protection resource panels:
e: establish procedures to ensure that the cases of children and young persons in respect of whom action has been taken under this Act are regularly reviewed in order to assess the adequacy and appropriateness of that action:
f: ensure that persons providing services under this Act receive adequate training and comply with appropriate standards:
g: monitor and assess the services provided under this Act by the department and by other organisations, groups, and individuals.
3: The services referred to in subsection (2)﻿(bb) must operate independently from other services provided under this Act.
4: In this section, in care
a: placed or detained in the custody or care of the chief executive, a person, a body, or an organisation under this Act; or
b: remanded in the custody of the chief executive under section 173 174 175(1A)﻿(a)
c: detained in a residence under section 34A
5: To avoid doubt, a summary of rights published under subsection (2)﻿(bag) cannot create new rights or detract from existing rights.
6: In section 7(2)﻿(bad) and (bb),— caregiver section 386AAA young person section 386AAA 1974 No 72 ss 5, 6 Section 7 heading amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 7(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 7(1)﻿(a) amended 1 July 2019 section 13(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 7(1)﻿(b) amended 1 July 2019 section 13(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 7(1)﻿(b) amended 1 July 2019 section 13(3) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 7(2) amended 1 April 2017 section 6(1) Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 7(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 7(2)﻿(b)﻿(i) replaced 1 July 2019 section 13(4) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 7(2)﻿(bab) inserted 1 July 2019 section 13(5) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 7(2)﻿(bac) inserted 1 July 2019 section 13(5) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 7(2)﻿(bad) inserted 1 July 2019 section 13(5) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 7(2)﻿(bad) amended 7 August 2020 section 135 Public Service Act 2020 Section 7(2)﻿(bae) replaced 1 May 2023 section 66 Oversight of Oranga Tamariki System Act 2022 Section 7(2)﻿(baf) inserted 1 July 2019 section 13(5) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 7(2)﻿(bag) inserted 1 July 2019 section 13(5) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 7(2)﻿(ba) inserted 1 July 1995 section 4(1) Children, Young Persons, and Their Families Amendment Act 1994 Section 7(2)﻿(bb) inserted 1 April 2017 section 6(2) Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 7(2)﻿(c)﻿(iia) inserted 1 April 2017 section 6(3) Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 7(3) inserted 1 April 2017 section 6(4) Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 7(4) inserted 1 April 2017 section 6(4) Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 7(4)﻿(b) amended 1 July 2019 section 13(6) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 7(5) inserted 1 July 2019 section 13(7) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 7(6) inserted 1 July 2019 section 13(7) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
7AA: Duties of chief executive in relation to Treaty of Waitangi (Tiriti o Waitangi)
1: The duties of the chief executive set out in subsection (2) are imposed in order to recognise and provide a practical commitment to the principles of the Treaty of Waitangi
2: The chief executive must ensure that—
a: the policies and practices of the department that impact on the well-being of children and young persons have the objective of reducing disparities by setting measurable outcomes for Māori children and young persons who come to the attention of the department:
b: the policies, practices, and services of the department have regard to mana tamaiti (tamariki) and the whakapapa of Māori children and young persons and the whanaungatanga responsibilities of their whānau, hapū, and iwi:
c: the department seeks to develop strategic partnerships with iwi and Māori organisations, including iwi authorities, in order to—
i: provide opportunities to, and invite innovative proposals from, those organisations to improve outcomes for Māori children, young persons, and their whānau who come to the attention of the department:
ii: set expectations and targets to improve outcomes for Māori children and young persons who come to the attention of the department:
iii: enable the robust, regular, and genuine exchange of information between the department and those organisations:
iv: provide opportunities for the chief executive to delegate functions under this Act or regulations made under this Act to appropriately qualified people within those organisations:
v: provide, and regularly review, guidance to persons discharging functions under this Act to support cultural competency as a best-practice feature of the department’s workforce:
vi: agree on any action both or all parties consider is appropriate.
3: One or more iwi or Māori organisations may invite the chief executive to enter into a strategic partnership.
4: The chief executive must consider and respond to any invitation.
5: The chief executive must report to the public at least once a year on the measures taken by the chief executive to carry out the duties in subsections (2) and (4), including the impact of those measures in improving outcomes for Māori children and young persons who come to the attention of the department under this Act and the steps to be taken in the immediate future.
6: A copy of each report under subsection (5) must be published on an Internet site maintained by the department. Section 7AA inserted 1 July 2019 section 14 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
7A: Delegations made under
clauses 2 and 3 of Schedule 6 of Public Service Act 2020
1: A delegation made under clauses 2 3
2: Despite clause 2(3) them
3: Section 7F Section 7A inserted 1 April 2017 section 7 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 7A heading amended 7 August 2020 section 135 Public Service Act 2020 Section 7A(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 7A(2) amended 7 August 2020 section 135 Public Service Act 2020 Section 7A(2) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
7B: Delegations made under
clauses 2 and 3 of Schedule 6 of Public Service Act 2020 A delegation made under clauses 2 3 section 7D sections 7F 7G Section 7B inserted 1 April 2017 section 7 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 7B heading amended 7 August 2020 section 135 Public Service Act 2020 Section 7B amended 7 August 2020 section 135 Public Service Act 2020
7C: Delegation of functions and powers conferred by court order or warrant
1: The chief executive may delegate the chief executive’s sections 39 40 122 157 181 205 386
2: The following apply to a delegation referred to in this section:
a: clauses 2 3
b: if the delegation is to a social worker, sections 7A 7F
c: if the delegation is to a person who is not a social worker, sections 7B 7D 7F 7G Section 7C inserted 1 April 2017 section 7 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 7C(1) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 7C(2)﻿(a) amended 7 August 2020 section 135 Public Service Act 2020
7D: Requirements for delegation to persons who are not social workers
1: This section applies to a delegation referred to in section 7B 7C
2: Before making a delegation to a person who is not a social worker, the chief executive must be satisfied that, in addition to any relevant requirements of clauses 2 3
a: the person is appropriately qualified to perform the function or exercise the power, taking into account the person’s training, experience, and interpersonal skills; and
b: if the person is outside the State services, the person will be bound by contractual obligations that are sufficient to support the appropriate exercise of the delegation.
3: The chief executive may make a delegation to a person who does not meet the requirement in subsection (2)﻿(a) if the delegation is made for the sole purpose of that delegate subdelegating the function or power to a person—
a: who works under the management or supervision of the delegate; and
b: who is a social worker or meets the requirement in subsection (2)﻿(a). Section 7D inserted 1 April 2017 section 7 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 7D(2) amended 7 August 2020 section 135 Public Service Act 2020
7E: Subdelegation of functions and powers by delegates who are not social workers
1: This section applies if a delegation referred to in section 7B 7C
a: for the sole purpose of subdelegation ( see section 7D(3)
b: to whom the chief executive otherwise gives approval to subdelegate.
2: A subdelegation by the delegate of a function or power under clause 2(3)
3: Before subdelegating any function or power to a person, the delegate must be satisfied that the person is a social worker or meets the requirement in section 7D(2)﻿(a) Section 7E inserted 1 April 2017 section 7 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 7E(2) amended 7 August 2020 section 135 Public Service Act 2020
7F: Delegations and subdelegations to be publicly notified
1: The delegations referred to in sections 7A to 7C section 7E
2: The information required to be made available must include, in each case,—
a: a description of the delegate or subdelegate, although the description need not identify any particular individual to whom the delegation or subdelegation is made but may instead give other identifying particulars, for example, the name of the specified office to which the delegation or subdelegation is made; and
b: a description of the function or power that has been delegated or subdelegated; and
c: a reference to the provision in this Act that provides for the function or power that has been delegated or subdelegated.
3: A failure to notify a delegation or a subdelegation does not affect its validity. Section 7F inserted 1 April 2017 section 7 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016
7G: Immunity for delegations outside public service
Section 104 section 7B 7C Section 7G replaced 7 August 2020 section 135 Public Service Act 2020
8: Parents and others to be informed of decisions
1: Where any person takes any action, or makes any decision, under this Act that significantly affects any child or young person, that person shall ensure that, wherever practicable, the following persons are informed, as soon as practicable, of that action or decision and of the reasons for it:
a: every person who is a parent or guardian of, or a person having the care of, the child or young person:
b: the child or young person.
2: It is not necessary to inform a child or young person of any action or decision if—
a: that child or young person is incapable of understanding it; or
b: it is plainly not in the child's or young person's interests to be so informed.
3: The information required by subsection (1) to be given to any person shall be given—
a: orally and, where practicable, in writing; and
b: where practicable, in a manner and in language that the person understands.
9: Interpreters
1: Where—
a: any court hears any proceedings under this Act relating to a child or young person; or
b: any person takes or proposes to take any action under this Act in relation to a child or young person,— it is the duty of that court or, as the case requires, that person to ensure that the requirements of this section are carried out wherever practicable.
2: The requirements of this section are as follows:
a: that where—
i: the first or preferred language of the child or young person is Maori or any other language other than English; or
ii: the child or young person is unable, by reason of a physical disability, to understand English,— the services of an interpreter are provided for the child or young person:
b: that where—
i: the first or preferred language of any parent or guardian or other person having the care of the child or young person is Maori or any other language other than English; or
ii: that parent or guardian or that other person is unable, by reason of a physical disability, to understand English,— the services of an interpreter are provided for that parent or guardian or that other person.
3: Nothing in this section limits or affects Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 Section 9(3) amended 30 April 2016 section 50 Te Ture mō Te Reo Māori 2016
10: Duty of court and counsel to explain proceedings
1: Where, in any proceedings under this Act, a child or young person, or any parent or guardian or other person having the care of a child or young person, appears before the Family Court or the Youth Court
a: explain in a manner and in language that can be understood by the child or young person or other person the nature of the proceedings, including, in the case of proceedings in the Youth Court
b: satisfy itself that the child or young person or other person understands the proceedings; and
c: where the court makes any order under section 83(1) section 84 section 283
i: the nature and requirements of the order:
ii: any provisions for variation of the order:
iii: the existence of rights of appeal against the order or the finding on which the order is based.
2: Where, in any proceedings under this Act, a child or young person, or any parent or guardian or other person having the care of a child or young person, appears before the Family Court or the Youth Court
a: explain to the person whom that barrister or solicitor represents, in a manner and in language that can be understood by that person, the nature of the proceedings, including, in the case of proceedings in the Youth Court
b: satisfy themselves
c: where the court makes any order under section 83(1) section 84 section 283 1974 No 72 s 40(a) 1983 No 129 s 9 Section 10(1) amended 1 March 2017 section 261 District Court Act 2016 Section 10(1)﻿(a) amended 1 March 2017 section 261 District Court Act 2016 Section 10(2) amended 1 March 2017 section 261 District Court Act 2016 Section 10(2)﻿(a) amended 1 March 2017 section 261 District Court Act 2016 Section 10(2)﻿(b) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
11: Child’s or young person’s participation and views
1: This section applies to the following proceedings and processes:
a: proceedings under this Act in a District Court, Family Court, or Youth Court (all being first instance courts) and proceedings in the High Court, Court of Appeal, or Supreme Court on an appeal (other than on a point of law only) against a decision, finding, or order under this Act of a first instance court:
b: the process for convening, and the proceedings of, a family group conference convened under this Act:
c: the preparation or review of a plan for a child or young person (a planning process
d: the taking of any other action or making of any other decision (any other process
2: In proceedings or a process to which this section applies,—
a: the child or young person must be encouraged and assisted to participate in the proceedings or process to the degree appropriate for their
aa: except where section 10
b: the child or young person must be given reasonable opportunities to freely express their them
c: if a child or young person has difficulties in expressing their their them their
d: any views that the child or young person expresses (either directly or through a representative) must be taken into account; and
e: any written decision must set out the child’s or young person’s views and, if those views were not followed, include the reasons for not doing so; and
f: the decision, the reasons for it, and how it will affect them must be explained to the child or young person, in a manner and in language appropriate for their age and level of understanding
3: The following persons must either perform the duties imposed by subsection (2)﻿(a) to (c) or be satisfied, before undertaking any proceeding or process involving the child or young person, that those duties have been performed by another person:
a: for proceedings before a court, the Judge or other person presiding and the barrister or solicitor representing the child or young person:
b: for the process for convening, and the proceedings of, a family group conference, the person responsible for convening the conference:
c: for a planning process, the person directed by the court to prepare or review the plan:
d: for any other process, the person responsible for taking the action or making the decision.
3A: In any proceeding or process,—
a: the persons listed in subsection (3)﻿(a) to (d) must perform the duty imposed by subsection (2)﻿(d); and
b: decision-makers must perform the duty imposed by subsection (2)﻿(e); and
c: decision-makers must perform the duty imposed by subsection (2)﻿(f) or, within a reasonable period following the making of a decision, satisfy themselves that the duty has been performed by another person.
4: Despite anything to the contrary in this Act and subject to subsection (5), a person providing support to a child or young person under subsection (2)﻿(c) is entitled to be present at a proceeding or a meeting relating to a process referred to in subsection (1) at which the child or young person is present, to continue to provide that support to them
5: If the person responsible for a proceeding or process referred to in subsection (1) considers it is impracticable or inappropriate for the person providing support to be present at the proceeding or meeting, that person may not be present.
6: This section is not limited by section 5(1)﻿(a)
7: In this section, support
8: A person who complies with section 66K Section 11 replaced 1 April 2017 section 8 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 11(2)﻿(a) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 11(2)﻿(aa) inserted 1 July 2019 section 15(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 11(2)﻿(b) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 11(2)﻿(c) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 11(2)﻿(d) replaced 1 July 2019 section 15(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 11(2)﻿(e) inserted 1 July 2019 section 15(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 11(2)﻿(f) inserted 1 July 2019 section 15(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 11(2)﻿(f) amended 17 December 2022 section 4 Oranga Tamariki Amendment Act 2022 Section 11(3A) inserted 1 July 2019 section 15(3) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 11(4) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 11(6) amended 1 July 2019 section 15(4) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 11(8) inserted 1 July 2019 section 15(5) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
12: Duty of
health practitioner Every health practitioner Section 12 heading amended 31 January 2018 section 5(1) Children, Young Persons, and Their Families Amendment Act (No 2) 2016 Section 12 amended 31 January 2018 section 5(2) Children, Young Persons, and Their Families Amendment Act (No 2) 2016
2: Care and protection of children and young persons
Principles
13: Principles
1: Every court or person exercising powers conferred by or under this Part, Part 3 3A sections 341 to 350 well-being and best interests section 4A(1)
2: In determining the well-being and best interests of the child or young person, the court or person must be guided by, in addition to the principles in section 5
a: it is desirable to provide early support and services to—
i: improve the safety and well-being of a child or young person at risk of harm:
ii: reduce the risk of future harm to that child or young person, including the risk of offending or reoffending:
iii: reduce the risk that a parent may be unable or unwilling to care for the child or young person:
b: as a consequence of applying the principle in paragraph (a), any support or services provided under this Act in relation to the child or young person—
i: should strengthen and support the child’s or young person’s family, whānau, hapū, iwi, and family group to enable them to—
A: care for the child or young person or any other or future child or young person of that family or whānau; and
B: nurture the well-being and development of that child or young person; and
C: reduce the likelihood of future harm to that child or young person or offending or reoffending by them:
ii: should recognise and promote mana tamaiti (tamariki) and the whakapapa of the child or young person and relevant whanaungatanga rights and responsibilities of their family, whānau, hapū, iwi, and family group:
iii: should, wherever possible, be undertaken on a consensual basis and in collaboration with those involved, including the child or young person:
c: if a child or young person is considered to be in need of care or protection on the ground specified in section 14(1)﻿(e) section 208(2)﻿(g)
d: a power under this Part that can be exercised without the consent of the persons concerned is to be exercised only to the extent necessary to protect a child or young person from harm or likely harm:
e: assistance and support should be provided, unless it is impracticable or unreasonable to do so, to assist families, whānau, hapū, iwi, and family groups where—
i: there is a risk that a child or young person may be removed from their care; and
ii: in the other circumstances where the child or young person is, or is likely to be, in need of care and protection (for example, where a family group conference plan provides for assistance to be given to a child or parent to address a behavioural issue that may lead, or has led, to the child’s removal from the family):
f: if a child or young person is identified by the department as being at risk of removal from the care of the members of their family, whānau, hapū, iwi, or family group who are the child’s or young person’s usual caregivers, planning for the child’s or young person’s long-term stability and continuity of living arrangements should—
i: commence early; and
ii: include steps to make an alternative care arrangement for the child or young person, should it be required:
g: a child or young person should be removed from the care of the member or members of the child’s or young person’s family, whānau, hapū, iwi, or family group who are the child’s or young person’s usual caregivers only if there is a serious risk of harm to the child or young person:
h: if a child or young person is removed in circumstances described in paragraph (g), the child or young person should, wherever that is possible and consistent with the child’s or young person’s best interests, be returned to those members of the child’s or young person’s family, whānau, hapū, iwi, or family group who are the child’s or young person’s usual caregivers:
i: if a child or young person is removed in circumstances described in paragraph (g), decisions about placement should—
i: be consistent with the principles set out in sections 4A(1) 5
ii: address the needs of the child or young person:
iii: be guided by the following:
A: preference should be given to placing the child or young person with a member of the child’s or young person’s wider family, whānau, hapū, iwi, or family group who is able to meet their needs, including for a safe, stable, and loving home:
B: it is desirable for a child or young person to live with a family, or if that is not possible, in a family-like setting:
C: the importance of mana tamaiti (tamariki), whakapapa, and whanaungatanga should be recognised and promoted:
D: where practicable, a child or young person should be placed with the child’s or young person’s siblings:
E: a child or young person should be placed where the child or young person can develop a sense of belonging and attachment:
j: a child or young person who is in the care or custody of the chief executive or a body or an organisation approved under section 396
i: address their particular needs, including—
A: needs for physical and health care; and
B: emotional care that contributes to their positive self-regard; and
C: identity needs; and
D: material needs relating to education, recreation, and general living:
ii: preserve the child’s or young person’s connections with the child’s or young person’s—
A: siblings, family, whānau, hapū, iwi, and family group; and
B: wider contacts:
iii: respect and honour, on an ongoing basis, the importance of the child’s or young person’s whakapapa and the whanaungatanga responsibilities of the child’s or young person’s family, whānau, hapū, iwi, and family group:
iv: support the child or young person to achieve their aspirations and developmental potential:
k: if a child or young person is placed with a caregiver under section 362 section 396 1974 No 72 s 4 Section 13(1) inserted 1 July 2014 section 6(1) Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 13(1) amended 1 July 2019 section 16(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 13(1) amended 1 July 2019 section 16(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 13(2) replaced 1 July 2019 section 16(3) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Definition of child or young person in need of care or protection
14: Definition of child or young person in need of care or protection
1: A child or young person is in need of care or protection
a: the child or young person is suffering, or is likely to suffer, serious harm—
i: in the circumstances described in section 14AA(1)
ii: having regard to the circumstances described in section 14AA(2)
b: the parents or guardians or the persons who have the care of the child or young person are unable to care for the child or young person; or
c: the child is a subsequent child of a parent to whom section 18A section 18A(4)﻿(a) or 18C
d: the child or young person has behaved, or is behaving, in a manner that—
i: is or is likely to be harmful to the physical or mental or emotional well-being of the child or young person or to others; and
ii: the child’s or young person’s parents, or the persons having the care of the child or young person, are unable or unwilling to control; or
e: in the case of a child of or over the age of 10 years and under the age of 14 years, the child has committed an offence or offences of sufficient number, nature, or magnitude to cause serious concern for the well-being of the child.
2: Subsection (1)﻿(a) must be applied in conjunction with section 14AA 1974 No 72 s 27(2); 1977 No 126 s 7(1) Section 14 replaced 1 July 2019 section 17 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
14AA: Circumstances in which child or young person is suffering, or is likely to suffer, serious harm
1: For the purposes of section 14(1)﻿(a)﻿(i) serious harm
a: the child or young person is being, or is likely to be, abused (whether physically, emotionally, or sexually), deprived, ill-treated, or neglected; or
b: the parents or guardians or other persons who have the care of the child or young person are unwilling to care for, or have abandoned, them.
2: For the purposes of section 14(1)﻿(a)﻿(ii) serious harm serious harm
a: a child’s or young person’s development or physical or mental or emotional well-being is being, or is likely to be, impaired or neglected, and that impairment or neglect is, or is likely to be, avoidable:
b: the child or young person has been exposed to family violence (within the meaning of section 9
c: serious differences exist between the child or young person and the parents or guardians or other persons who have the care of them:
d: serious differences exist between a parent, guardian, or other person who has the care of the child or young person and any other parent, guardian, or other person who has the care of them.
3: For the purposes of applying section 14(1)﻿(a) serious harm
a: an incident; or
b: 2 or more incidents that taken on their own would not be serious enough to constitute serious harm, but the cumulative effect of which is serious enough to cause serious harm; or
c: the co-existence of different circumstances. Section 14AA inserted 1 July 2019 section 17 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 14AA(2)﻿(b) amended 1 July 2019 section 259(1) Family Violence Act 2018
14A: Conduct outside New Zealand
For the purposes of this Act, it does not matter whether the conduct constituting a ground referred to in section 14(1) Section 14A inserted 1 November 1999 section 2 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 Reporting of child abuse
15: Reporting of concerns to chief executive or constable
Any person who believes that a child or young person has been, or is likely to be, harmed, ill-treated, abused, (whether physically, emotionally, or sexually), neglected, or deprived, or who has concerns about the well-being of a child or young person, may report the matter to the chief executive or a constable. Section 15 replaced 1 July 2019 section 18 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
16: Providing information about safety or well-being of child or young person
No civil, criminal, or disciplinary proceedings shall lie against any person in respect of the disclosure or supply , or the manner of the disclosure or supply, under this Part, Section 16 heading replaced 1 July 2019 section 19(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 16 amended 1 July 2019 section 19(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 16 amended 8 January 1995 section 5 Children, Young Persons, and Their Families Amendment Act 1994
17: Investigation of report of
concerns about safety or well-being
1: If the chief executive or a constable receives a report under section 15 they
a: as soon as practicable after receiving the report, if it appears that an investigation is necessary or desirable, commence an investigation or arrange for an investigation to be commenced into the matters contained in the report to the extent that an investigation is necessary or desirable; and
b: as soon as practicable after an investigation has commenced, consult a care and protection resource panel in relation to the investigation; and
c: unless it is impracticable or undesirable to do so, as soon as practicable after a decision is made not to investigate or the investigation has concluded, inform the person who made the report—
i: whether the report has been investigated; and
ii: if so, whether any further action has been taken.
2: If, after an investigation, the chief executive or constable reasonably believes that the child or young person is in need of care or protection, they section 18
2A: If, after an investigation under subsection (1), a care and protection co-ordinator is not notified under subsection (2), the chief executive may, nevertheless,—
a: undertake a further assessment or provide services to the child or young person, their family, or other persons having the care of the child or young person; or
b: refer the child or young person, their family, or other persons having the care of the child or young person to other services provided by agencies or in the community; or
c: take no further action, if the investigation under subsection (1) discloses no identifiable risk of harm that could be dealt with under this Act or if appropriate action has already been taken. Section 17 replaced 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 17 heading amended 17 December 2022 section 5 Oranga Tamariki Amendment Act 2022 Section 17(1) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 17(2) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 17(2A) inserted 1 July 2019 section 20 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
18AAA: Chief executive may make family group conference available in certain circumstances
If the chief executive is not satisfied that a child or young person is in need of care or protection but believes that holding a family group conference would best assist in formulating a plan to help the child or young person, the chief executive may refer the case to a care and protection co-ordinator, who must convene a family group conference under section 20 Section 18AAA inserted 1 July 2019 section 21 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
18: Referral of care or protection cases to care and protection co-ordinator or youth justice co-ordinator
1: If the chief executive or a constable believes, after inquiry, that any child or young person is in need of care or protection (otherwise than on the ground specified in section 14(1)﻿(c) or (e) they section 20
2: If the chief executive suspects that any child is in need of care or protection on the ground specified in section 14(1)﻿(e)
3: Where any enforcement officer believes, after inquiry, that any child is in need of care or protection on the ground specified in section 14(1)﻿(e) care or protection order section 247 Section 18 heading amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 18(1) replaced 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 18(1) amended 1 July 2019 section 22(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 18(1) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 18(2) replaced 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 18(3) amended 1 July 2019 section 22(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
18A: Assessment of parent of subsequent child
1: This section applies to a person who—
a: is a person described in section 18B
b: is the parent of a subsequent child; and
c: has, or is likely to have, the care or custody of the subsequent child; and
d: is not a person to whom subsection (7) applies.
2: If the chief executive chief executive the person
3: A person meets the requirements of this subsection if,—
a: in a case where the parent’s own act or omission led to the parent section 18B
b: in any other case, the parent is unlikely to allow the kind of harm that led to the parent being a person described in section 18B
4: Following the assessment,—
a: if subsection (5) applies, the chief executive care or protection order because the subsequent child is in need of care or protection on the ground in section 14(1)﻿(c)
b: in any other case, the chief executive section 18C for a care or protection order
5: The chief executive chief executive the person
6: No family group conference need be held before any application referred to in subsection (4) is made to the court, and nothing in section 70 , but a family group conference must be held before a care or protection order (other than an interim order) is made
7: This subsection applies to the parent of a subsequent child if, since the parent section 18B
a: the parent has been assessed under this section
i: the court has confirmed, under section 18C
ii: the chief executive care or protection order because the child was in need of care or protection on the ground in section 14(1)﻿(c) the parent
b: the parent was, before this section came into force, subject to an investigation carried out by a social worker under section 17
i: the social worker did not at that time form the belief that the child was in need of care or protection on a ground in section 14(1)﻿(a) or (b)
ii: a family group conference was held, the parent addressed the concerns raised to the satisfaction of the chief executive, and the parent subsequently maintained care of the child. Section 18A inserted 30 June 2016 section 9 Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 18A(2) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 18A(2) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 18A(3)﻿(a) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 18A(4)﻿(a) amended 1 July 2019 section 23(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 18A(4)﻿(a) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 18A(4)﻿(b) amended 1 July 2019 section 23(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 18A(4)﻿(b) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 18A(5) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 18A(5) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 18A(6) amended 1 July 2019 section 23(3) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 18A(7) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 18A(7)﻿(a) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 18A(7)﻿(a)﻿(ii) amended 1 July 2019 section 23(4) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 18A(7)﻿(a)﻿(ii) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 18A(7)﻿(a)﻿(ii) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 18A(7)﻿(b) replaced 14 July 2017 section 23(5) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
18B: Person described in this section
A person described in this section is a person who has been convicted under the Crimes Act 1961 Section 18B replaced 17 December 2022 section 6 Oranga Tamariki Amendment Act 2022
18C: Confirmation of decision not to apply for
care or protection order
1: An application under this section for confirmation of a decision under section 18A(4)﻿(b)
a: information showing that the person is a person to whom section 18A
b: an affidavit by the person making the application person’s section 18A(3)
2: The application must be served in accordance with section 152(1) care or protection order
3: When considering the application, the court may (but need not) give any person an opportunity to be heard on the application and, if it does, may appoint a barrister or solicitor (under section 159
4: After considering the application, the court may,—
a: if subsection (5) applies, confirm the chief executive’s section 18A(4)﻿(b) care or protection order
b: decline to confirm the chief executive’s section 18A(4)﻿(b) section 18D
c: dismiss the application on the ground that it does not relate to a person to whom section 18A
d: adjourn the hearing and require the chief executive
i: provide such information as the court specifies, within the period specified by the court; or
ii: reconsider all or any aspect of the assessment and report to the court within a period specified by the court.
5: The court may confirm the decision of the chief executive section 18A(4)﻿(b) the parent section 18A(3)
6: Except as provided in this section, nothing in Part 3 applies in respect of an application for, or a decision of a court on, confirmation of a decision made under section 18A(4)﻿(b) Section 18C inserted 30 June 2016 section 9 Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 18C heading amended 1 July 2019 section 25(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 18C(1)﻿(b) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 18C(2) amended 1 July 2019 section 25(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 18C(4)﻿(a) amended 1 July 2019 section 25(3) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 18C(4)﻿(a) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 18C(4)﻿(b) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 18C(4)﻿(d) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 18C(5) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 18C(5) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016
18D: Court declining to confirm decision
If, under section 18C(4)﻿(b) the chief executive’s section 18A(4)﻿(b)
a: must be treated as an application for a care or protection order made by the chief executive on the ground in section 14(1)﻿(c)
b: must be served and heard in accordance with Part 3 section 70 section 72(3) the chief executive’s the chief executive section 22(1)﻿(a) to (h) Section 18D inserted 30 June 2016 section 9 Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 18D amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 18D(a) amended 1 July 2019 section 26 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 18D(b) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
19: Referral of care or protection cases to care and protection co-ordinator by other persons or by court
1: Where—
a: after inquiry, any body or organisation (including a government department or other agency of the Crown, or a local authority) concerned with the well-being
b: in any proceedings, any court— believes that any child or young person is in need of care or protection on 1 or more of the grounds specified in section 14(1) (other than on the ground specified in section 14(1)﻿(c)
1A: Every referral pursuant to subsection (1) shall be accompanied by—
a: a statement of the reasons for believing that the child or young person to whom the referral relates is in need of care or protection; and
b: particulars sufficient to identify any person, body, or organisation that might be contacted to substantiate that belief; and
c: a statement indicating whether or not the referral is being made with the consent or knowledge of—
i: the parents or guardians or other persons having the care of the child or young person to whom the referral relates; or
ii: the family, whanau, or family group of that child or young person; and
d: any recommendation as to the course of action the care and protection co-ordinator might take in respect of the referral.
2: Every care and protection co-ordinator to whom a case is referred pursuant to subsection (1) shall, where it appears to that care and protection co-ordinator to be necessary to do so,—
a: except where paragraph (b) applies, convene a family group conference in accordance with section 20
b: where the child is believed to be in need of care or protection on the ground specified in section 14(1)﻿(e)
c: take such other action as is appropriate in the circumstances.
3: For the purposes of determining whether or not it is necessary to convene a family group conference pursuant to subsection (2)﻿(a), a care and protection co-ordinator may arrange for a case to be investigated by the chief executive
4: Every care and protection co-ordinator to whom a case is referred pursuant to subsection (1) by a court shall,—
a: within 28 days after receiving that referral, furnish to the court a written report stating—
i: what action (if any) has been taken with respect to the case as a result of the referral; and
ii: if any such action has been taken, whether that action has resolved the matter, and, if so, how that matter has been resolved; and
iii: what further action (if any) is proposed with respect to the case, and, if any such action is proposed, when that action is likely to be completed; and
b: subject to paragraph (c), where the report furnished pursuant to paragraph (a) indicates that further action is proposed with respect to the case, within 28 days of the furnishing of that report, furnish to the court a written report stating—
i: what progress (if any) has been made with respect to that action; and
ii: when that action is likely to be completed; and
c: where the report furnished pursuant to paragraph (a) indicates that further action is proposed with respect to the case, on the completion of that action, furnish to the court a written report stating whether that action has resolved that matter, and, if so, how that matter has been resolved. Section 19(1) amended 1 July 2019 section 27(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 19(1) amended 30 June 2016 section 10 Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 19(1) amended 8 January 1995 section 7(1) Children, Young Persons, and Their Families Amendment Act 1994 Section 19(1)﻿(a) amended 1 July 2019 section 27(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 19(1A) inserted 8 January 1995 section 7(2) Children, Young Persons, and Their Families Amendment Act 1994 Section 19(3) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 19(4) inserted 8 January 1995 section 7(3) Children, Young Persons, and Their Families Amendment Act 1994 Family group conferences
20: Convening of family group conferences
Where, pursuant to this Part, a care and protection co-ordinator is authorised or required to convene or reconvene a family group conference, that care and protection co-ordinator shall, subject to section 21
21: Care and protection co-ordinator to consult family, whanau, or family group on convening of family group conference
1: Every care and protection co-ordinator shall, before convening any family group conference pursuant to this Part in respect of any child or young person,—
a: consult with a care and protection resource panel; and
b: make all reasonable endeavours to consult with the child's or young person's family, whanau, or family group in relation to—
i: the date on which, and the time and place at which, the conference is to be held; and
ii: the persons who should attend the conference; and
iii: the procedure to be adopted at the conference,— and, subject to section 22
2: Subsection (1)﻿(a) does not apply if the family group conference is convened under section 18AAA Section 21(2) inserted 1 July 2019 section 28 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
22: Persons entitled to attend family group conference
1: Subject to subsection (2), the following persons are entitled to attend a family group conference convened under this Part:
a: the child or young person in respect of whom the conference is held, unless the care and protection co-ordinator convening the conference is of the opinion that—
i: the attendance of that child or young person would not be in the interests of that child or young person, or would, for any other reason, be undesirable; or
ii: the child or young person would be unable, by reason of its age or level of maturity, to understand the proceedings:
b: every person who is—
i: a parent or guardian of, or a person having the care of, that child or young person; or
ii: a member of the family, whanau, or family group of the child or young person,— unless the care and protection co-ordinator convening the conference is of the opinion that that person's attendance would not be in the interests of the child or young person, or would be undesirable for any other reason:
c: the care and protection co-ordinator who is convening the conference, or any care and protection co-ordinator who is acting for that person:
d: if the conference was convened on the basis of a report under section 18(1)
i: the person who made the report ( A
ii: if A was a delegate of the chief executive, a person acting for A (who must also be a person who has been delegated the chief executive’s power to make reports under section 18(1)
iii: if A was a constable, another constable acting for A
da: if the conference is convened under any other provision of this Part (or under section 207D(3) 207K(2) 207Q(2)
e: where the conference has been convened on the basis of a referral of a matter under section 19(1)﻿(a)
f: where the conference has been convened or reconvened, for the purposes of section 145
g: if the child or young person is under the guardianship of the court under the Care of Children Act 2004
h: any barrister or solicitor or lay advocate representing the child or young person:
i: any person whose attendance at that conference is in accordance with the wishes of the family, whanau, or family group of the child or young person as expressed under section 21
2: No person to whom subsection (1)﻿(c), (d), (da),
3: If a family group conference is reconvened to review a decision, recommendation, or plan, every person who, at the time of the reconvened conference, is a person to whom subsection (1) applies is entitled to attend the conference. Section 22(1)﻿(d) replaced 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 22(1)﻿(d)﻿(iii) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 22(1)﻿(da) inserted 14 July 2017 section 29 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 22(1)﻿(g) replaced 3 June 1998 Guardianship Amendment Act 1998 Section 22(1)﻿(g) amended 1 July 2005 section 151 Care of Children Act 2004 Section 22(2) amended 17 December 2022 section 7 Oranga Tamariki Amendment Act 2022 Section 22(3) inserted 30 June 2016 section 11 Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014
23: Care and protection co-ordinator to ensure that relevant information and advice made available to family group conference
1: Every care and protection co-ordinator who convenes a family group conference under this Part shall take all reasonable steps to ensure that all information and advice that the co-ordinator considers are (including information and advice relating to the health and education needs of every child or young person in respect of whom the conference is convened)
2: Subject to section 22 Section 23(1) amended 30 June 2016 section 12(a) Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 23(1) amended 30 June 2016 section 12(b) Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014
24: Care and protection co-ordinator to ascertain views of persons unable to attend family group conference
1: Every care and protection co-ordinator who convenes a family group conference under this Part shall take all reasonable steps to ascertain the views of the following persons in relation to the matters to be considered at the conference:
a: any person who is excluded from attendance at the conference pursuant to paragraph (a)﻿(i) or paragraph (b) of section 22(1)
b: any person who is entitled to attend the conference but who has notified the care and protection co-ordinator that the person
2: Where, in respect of any family group conference, a care and protection co-ordinator ascertains the views of any person pursuant to subsection (1), that co-ordinator shall ensure that those views are made known at that conference. Section 24(1)﻿(b) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
25: Notification of convening of family group conference
1: Subject to subsection (2), every care and protection co-ordinator who convenes a family group conference under this Part shall take all reasonable steps to ensure that notice of the date on which, and the time and place at which, the conference is to be held is given to every person who is entitled to attend that conference.
2: No notice is required to be given pursuant to subsection (1) to any person whose whereabouts cannot, after reasonable enquiries, be ascertained.
3: Every notice required by subsection (1) shall be given a reasonable time before the conference is to be held.
4: Failure to notify any person in accordance with this section shall not affect the validity of the proceedings of a family group conference unless it is shown that the failure is likely to have materially affected the outcome of that conference.
26: Procedure at family group conference
1: Subject to this Part, a family group conference may regulate its procedure in such manner as it thinks fit.
2: Subject to section 5(1)﻿(b)﻿(v) Section 26(2) amended 1 July 2019 section 30 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
27: Department to provide administrative services to family group conference
The department shall provide such administrative services as may be necessary to enable a family group conference to discharge its functions.
28: Functions of family group conference
The functions of a family group conference convened under this Part are as follows:
a: to consider, in relation to the child or young person in respect of whom the conference was convened, such matters relating to the care or protection or well-being
b: necessary or desirable for the child’s or young person’s care, protection, sections 4A(1) 5 13
c: to review from time to time—
i: the decisions and recommendations made, and the plans formulated, by that conference:
ii: the implementation of any such decisions, recommendations, and plans. Section 28(a) amended 1 July 2019 section 31(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 28(b) amended 17 December 2022 section 8(a) Oranga Tamariki Amendment Act 2022 Section 28(b) amended 17 December 2022 section 8(b) Oranga Tamariki Amendment Act 2022 Section 28(b) amended 1 July 2019 section 31(3) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
29: Family group conference may make decisions and recommendations and formulate plans
1: A family group conference convened under this Part may make such decisions and recommendations and formulate such plans as it considers necessary or desirable in relation to the care or protection or well-being
2: In making such decisions and recommendations and formulating such plans, the conference shall have regard to the principles set out in sections 4A(1) 5 13
3: Every care and protection co-ordinator who convenes a family group conference shall cause to be made a written record of the details of the decisions and recommendations made, and the plans formulated, by that conference pursuant to this section. Section 29(1) amended 1 July 2019 section 32(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 29(2) amended 1 July 2019 section 32(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
29A: Content of plan
1: Every plan of which a written record is prepared under section 29(3)
a: specify, contain, or state all the matters listed in section 130(1) section 130(2)
b: specify a date by which the plan must be reviewed.
2: The review date referred to in subsection (1)﻿(b) must be,—
a: if the plan relates to a child under the age of 7 years, within 6 months after the date on which the plan comes into effect in accordance with section 30
b: in any other case, within 12 months after that date. Section 29A inserted 30 June 2016 section 13 Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014
30: Care and protection co-ordinator to seek agreement to decisions, recommendations, and plans of family group conference
1: Where a family group conference makes any decision or recommendation, or formulates any plan, pursuant to section 29(1)
aaa: if the conference was convened under section 18AAA
i: communicate that decision, recommendation, or plan to the chief executive and to every person who will be directly involved in its implementation; and
ii: seek the agreement of the chief executive, and every other person, organisation, or body to whom that decision, recommendation, or plan is communicated under subparagraph (i), to that decision, recommendation, or plan.
a: if the conference was convened on the basis of a report under section 18(1)
i: communicate that decision, recommendation, or plan to—
A: the person who made the report ( A
B: if A was a delegate of the chief executive, a person acting for A (who must also be a person who has been delegated the chief executive’s power to make reports under section 18(1)
C: if A was a constable, another constable acting for A
ii: communicate that decision, recommendation, or plan to every person who will be directly involved in its implementation; and
iii: seek the agreement of the persons described in paragraph (a)﻿(i)﻿(A), (B), or (C) (as relevant in any case) and paragraph (a)﻿(ii) to that decision, recommendation, or plan:
b: where the conference was convened under section 19(2)﻿(a)
i: communicate that decision, recommendation, or plan to that body, organisation, or court, and to every person who will be directly involved in the implementation of that decision, recommendation, or plan; and
ii: seek the agreement of that organisation or body, and of every other person (other than a court) to whom that decision, recommendation, or plan is communicated pursuant to subparagraph (i), to that decision, recommendation, or plan.
2: Where, pursuant to paragraph (a)﻿(i) or paragraph (b)﻿(i) of subsection (1), a care and protection co-ordinator meets with any person, body, organisation, or court for the purpose of communicating to that person, body, organisation, or court any decision, recommendation, or plan made or formulated by a family group conference, the care and protection co-ordinator may be accompanied by a person nominated by that family group conference.
3: Where a care and protection co-ordinator is unable to secure agreement, under subsection (1), to a decision, recommendation, or plan made or formulated by a family group conference, the care and protection co-ordinator may, for the purpose of enabling that conference to reconsider that decision, recommendation, or plan, reconvene that conference.
4: Any family group conference reconvened under subsection (3) may confirm, rescind, or modify its previous decision, recommendation, or plan, or rescind its previous decision, recommendation, or plan and make or formulate a new decision, recommendation, or plan.
5: Any decision, recommendation, or plan confirmed or modified under subsection (4), and any new decision, recommendation, or plan made or formulated under that subsection, shall be deemed to have been made or formulated pursuant to section 29 Section 30(1)﻿(aaa) inserted 1 July 2019 section 33 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 30(1)﻿(a) replaced 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 30(1)﻿(a)﻿(i)﻿(C) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
31: Procedure where no agreement possible
1: Where—
a: the members of a family group conference are unable to agree on what decisions, recommendations, or plans should be made in relation to the child or young person in respect of whom the conference was convened; or
b: a care and protection co-ordinator is unable to secure agreement under section 30 the care and protection co-ordinator who convened the conference—
c: must,—
i: if the conference was convened on the basis of a report under section 18(1)
ii: in any other case, report the matter to the chief executive:
d: shall, where proceedings have been commenced under this Act in any court in relation to the child or young person in respect of whom the conference was convened, report the matter to that court:
e: shall, in every case, consult with a care and protection resource panel.
2: If a care and protection co-ordinator makes a report under subsection (1)﻿(c)﻿(i) or (ii), the person to whom that report is made may take any action under this Act that the person Section 31(1)﻿(c) replaced 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 31(2) replaced 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 31(2) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
32: Records of decisions, recommendations, and plans of family group conferences to be made available to interested persons
1: Every care and protection co-ordinator who convenes a family group conference under this Part shall ensure that a copy of every record made pursuant to section 29(3)
a: the child or young person in respect of whom the conference was convened, unless the child or young person would be unable, by reason of its age or level of maturity, to understand the contents of the record; and
b: every person who is a parent or guardian of that child or young person or has the care of that child or young person; and
c: any barrister or solicitor or lay advocate representing the child or young person; and
d: any other person who is or will be directly affected by any decision, recommendation, or plan detailed in that record; and
e: where there is an appropriate iwi social service or cultural social service with respect to the child or young person, that social service; and
f: the appropriate care and protection resource panel.
2: Where any child or young person is the subject of any proceedings under this Act before any court, a copy of the record made pursuant to section 29(3) Section 32(1)﻿(e) replaced 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994
33: Department to maintain records of proceedings of family group conferences
1: Every written record made pursuant to section 29(3)
2: The following persons shall have access to any such record:
a: any person to whom a copy of that record is required to be sent pursuant to section 32
b: any care and protection co-ordinator:
c: the chief executive
d: any other person who, in the opinion of a care and protection co-ordinator, has a genuine and proper interest in the matter.
3: Nothing in this section limits or affects the Official Information Act 1982 Section 33(2)﻿(c) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016
34: Chief executive
1: The chief executive for which agreement of a delegate of the chief executive section 30 the chief executive considers that it is impracticable, unreasonable, sections 4A(1) 5 13
2: The chief executive Section 34 heading amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 34(1) amended 1 July 2019 section 34 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 34(1) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 34(1) amended 30 June 2016 section 14 Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 34(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 34(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
35: Police to comply with decisions, recommendations, and plans of family group conference
Where—
a: any decision, recommendation, or plan is made or formulated by a family group conference; and
b: agreement to that decision, recommendation, or plan has been secured under section 30
c: the implementation of that decision, recommendation, or plan involves any action on the part of the Police,— unless the Police consider that it is impracticable, unreasonable, sections 4A(1) 5 13 Section 35 amended 1 July 2019 section 35 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 35 amended 30 June 2016 section 15 Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014
36: Family group conference
to
1: For the purpose of reviewing a decision, recommendation, or plan made or formulated by a family group conference, the care and protection co-ordinator who convened the conference—
a: must (subject to subsection (1A)) reconvene the conference on or before the review date (if any) specified in the plan; and
b: must reconvene the conference if required to do so, in accordance with subsection (1B), by the chief executive
c: must reconvene the conference if required to do so, in accordance with subsection (1B), by an iwi social service, a cultural social service, or a child and family support service, but only if that service—
i: was the body or organisation that referred the relevant child or young person to a care and protection co-ordinator under section 19
ii: is a body or organisation directly involved in the implementation of the decision, recommendation, or plan to be considered; and
d: may reconvene the conference, at any time, at the co-ordinator's own motion or at the request of at least 2 members of the conference that made or formulated the decision, recommendation, or plan under review.
1A: Subsection (1)﻿(a) does not apply if—
a: the care and protection co-ordinator, after consulting the chief executive
b: before the review date, a court makes any of the following orders in respect of the child or young person to whom the plan relates:
i: a services order under section 86
ii: a support order under section 91
iii: a custody order (other than an interim order) under section 101
iv: a guardianship order under section 110
v: a special guardianship order under section 113A
1B: The chief executive chief executive
2: Sections 20 to 35 Section 36 heading amended 30 June 2016 section 16(1) Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 36(1) replaced 30 June 2016 section 16(2) Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 36(1)﻿(b) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 36(1A) inserted 30 June 2016 section 16(2) Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 36(1A)﻿(a) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 36(1B) inserted 30 June 2016 section 16(2) Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 36(1B) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016
37: Proceedings of family group conference privileged
1: No evidence shall be admissible in any court, or before any person acting judicially, of any information, statement, or admission disclosed or made in the course of a family group conference.
2: Nothing in subsection (1) applies to a record made by a care and protection co-ordinator under section 29(3)
38: Proceedings of family group conference not to be published
1: Subject to subsection (2), no person shall publish any report of the proceedings of any family group conference.
2: Nothing in subsection (1) applies to the publication of—
a: statistical information relating to family group conferences:
b: the results of any bona fide research relating to family group conferences.
3: In no case shall it be lawful to publish, in any report of the proceedings of any family group conference, any particulars that are identifiable by any person (other than the person to whom those particulars relate) as particulars relating to any particular person who was the subject of, or a participant in, that family group conference.
4: Every person who contravenes subsection (1) or subsection (3) commits an offence and is liable on
a: in the case of an individual, to a fine not exceeding $2,000:
b: in the case of a body corporate, to a fine not exceeding $10,000. Section 38(4) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Powers to remove child or young person
39: Place of safety warrants
1: Any District Court Judge or, if no District Court Judge is available, any issuing officer (within the meaning of section 3 section 99 any constable, either by name or generally, or the chief executive
1A: The function of executing a warrant issued in the name of the chief executive may be performed by a social worker or any other person authorised under a delegation to carry out that function ( see section 7C
2: An application for a warrant under subsection (1) may be made by a constable the chief executive
3: Any person executing a warrant
a: enter and search, by force if necessary, any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place:
b: if that person believes, on reasonable grounds, that the child or young person has suffered, or is likely to suffer, ill-treatment, serious neglect, abuse, serious deprivation, or serious harm,—
i: remove or detain, by force if necessary, the child or young person and place the child or young person in the custody of the chief executive
ii: where the child or young person is in a hospital, direct the medical superintendent of that hospital to keep that child or young person in that hospital.
4: Where any direction is issued pursuant to subsection (3)﻿(b)﻿(ii) in respect of any child or young person, that child or young person shall be deemed to have been placed in the custody of the chief executive 1974 No 72 s 7(1)–(3) Section 39(1) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 39(1) amended 1 October 2012 section 207(1) Search and Surveillance Act 2012 Section 39(1A) inserted 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 39(2) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 39(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 39(3) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 39(3)﻿(b)﻿(i) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 39(4) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
40: Warrant to remove child or young person
1: Where an application for a care or protection order any issuing officer (within the meaning of section 3 section 99
a: suffering, or is likely to suffer, ill-treatment, serious neglect, abuse, serious deprivation, or serious harm; or
b: so seriously disturbed as to be likely—
i: to act in a manner harmful to the child or young person or any other person; or
ii: to cause serious damage to property,— issue a warrant authorising any constable, either by name or generally, or the chief executive
1A: The function of executing a warrant issued in the name of the chief executive may be performed by a social worker or any other person authorised under a delegation to carry out that function ( see section 7C
2: An application for a warrant under subsection (1) may be made by a constable the chief executive
3: The alleged commission of an offence shall not of itself be sufficient grounds for the issue of a warrant under this section.
4: Any person executing a warrant
a: enter and search, by force if necessary, any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place:
b: either—
i: remove or detain, by force if necessary, the child or young person and place the child or young person in the custody of the chief executive
ii: where the child or young person is in a hospital, direct the medical superintendent of that hospital to keep that child or young person in that hospital.
5: Where any direction is issued pursuant to subsection (4)﻿(b)﻿(ii) in respect of any child or young person, that child or young person shall be deemed to have been placed in the custody of the chief executive 1974 No 72 s 28(1)–(3) Section 40(1) amended 1 July 2019 section 36 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 40(1) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 40(1) amended 1 October 2012 section 207(2) Search and Surveillance Act 2012 Section 40(1A) inserted 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 40(2) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 40(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 40(4) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 40(4)﻿(b)﻿(i) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 40(5) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
41: Person executing warrant to produce evidence of authority and identity
Section 41 repealed 2 September 1996 Children, Young Persons, and Their Families Amendment Act 1996
42: Search without warrant
1: Any constable
a: enter and search, by force if necessary, any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place:
b: remove or detain, by force if necessary, the child or young person and place the child or young person in the custody of the chief executive
2: Every constable
a: produce evidence of identity; and
b: disclose that those powers are being exercised under this section.
3: A constable 1974 No 72 s 8 Section 42(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 42(1)﻿(b) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 42(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 42(3) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
43: Placement of child or young person placed in custody of
chief executive
1: Subject to subsection (2), where a child or young person is placed in the custody of the chief executive section 39 section 40 section 42 chief executive
a: a parent or guardian of the child or young person; or
b: any other person who previously had the care of the child or young person; or
c: any member of the child's or young person's family, whanau, or family group; or
d: any person approved by the chief executive
2: If it is not practicable or appropriate to place the child or young person with any of the persons specified in any of paragraphs (a) to (d) of subsection (1), the chief executive
3: Where a child or young person is placed in the custody of the chief executive section 39 section 40 section 42 chief executive Section 43 heading amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 43(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 43(1)﻿(d) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 43(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 43(3) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
44: Parent or guardian may apply for release of or access to child or young person
1: Where a child or young person is placed in the custody of the chief executive section 39 section 40 section 42 the child or young person chief executive section 46
2: An application may be made under subsection (1) at any time before the child or young person is released from the custody of the chief executive section 45 Section 44(1) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 44(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 44(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
45: Child or young person placed in custody of
chief executive A child or young person who is placed in the custody of the chief executive section 39 section 40 section 42
a: shall be brought before the court not later than the fifth day after the date on which that child or young person is so placed, unless, before that day,—
i: the child or young person is released from that custody; or
ii: an order is made under section 78
b: may be kept in the custody of the chief executive Section 45 heading amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 45 amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 45(b) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
46: Powers of court where application made under section 44 or child or young person brought before court under section 45
Where an application is made to the court under section 44 section 45
a: make an order—
i: directing that the child or young person be released from custody; and
ii: subject to any order in force under the Care of Children Act 2004
b: if an application for a care or protection order section 78
c: make any order that it is empowered to make under section 121 Section 46(a)﻿(ii) replaced 1 July 2005 section 151 Care of Children Act 2004 Section 46(b) amended 1 July 2019 section 37 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
47: Report to be sent to Ombudsman if
1: This section applies if—
a: a child or young person is placed in the custody of the chief executive under section 39 40 42
b: the child or young person is released from that custody before the child or young person is required by section 45(a)
1A: If this section applies, the person who released the child or young person from that custody must, as soon as practicable after the release,—
a: write a report containing the details required by subsection (2); and
b: send a copy of the report to the Ombudsman to enable the Ombudsman to consider whether to exercise any functions or powers under the Ombudsmen Act 1975
2: The details to be included in a report required by subsection (1) in relation to the placing of a child or young person in the custody of the chief executive
a: where the child or young person was placed in the custody of the chief executive section 39 section 40
b: where the child or young person was placed in the custody of the chief executive section 42
c: where and with whom the chief executive chief executive's
d: whether a medical examination of the child or young person was carried out pursuant to section 53
e: the reason for releasing the child or young person from the custody of the chief executive
f: the details of any follow up action, where needed, in relation to the child or young person and the proposed plan for undertaking the action, including who is responsible for undertaking the action and the time frame within which the action must be undertaken. Section 47 heading amended 1 May 2023 section 67(1) Oversight of Oranga Tamariki System Act 2022 Section 47 heading amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 47(1) replaced 1 May 2023 section 67(2) Oversight of Oranga Tamariki System Act 2022 Section 47(1A) inserted 1 May 2023 section 67(2) Oversight of Oranga Tamariki System Act 2022 Section 47(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 47(2)﻿(a) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 47(2)﻿(b) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 47(2)﻿(c) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 47(2)﻿(e) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 47(2)﻿(f) replaced 1 May 2023 section 67(3) Oversight of Oranga Tamariki System Act 2022
48: Unaccompanied children and young persons
1: Where a child or young person is found unaccompanied by a parent or guardian or other person who usually has the care of the child or young person in a situation in which the child's or young person's physical or mental health is being, or is likely to be, impaired, a constable
a: with the consent of the child or young person, deliver the child or young person into the custody of a parent or guardian or other person usually having the care of the child or young person; or
b: if—
i: the child or young person does not wish to be returned to a parent or guardian or other person having the care of the child or young person; or
ii: no parent or guardian or other such person is willing or able to have custody of the child or young person,— place the child or young person in the custody of the chief executive by delivering the child or young person to the chief executive (acting through the chief executive’s
2: Placement of a child or young person in the custody of the chief executive the delegate
a: the child or young person agrees to being returned to a parent or guardian or other person usually having the care of the child or young person who is willing to have the care of the child or young person; or
b: an application is made to the court for a care or protection order
c: where the circumstances of the case indicate that the child or young person is, or may be, in need of care or protection, the expiry of 5 days after the day on which the child or young person was placed in custody, or in any other case, 3 days after that date— whichever first occurs.
3: In subsections (1) and (2) the term young person 18 years 1974 No 72 s 12 1981 No 113 s 50 1982 No 135 s 4 Section 48(1) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 48(1) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 48(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 48(1)﻿(b) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 48(2) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 48(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 48(2)﻿(b) amended 1 July 2019 section 38 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 48(3) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Medical examination of child or young person
49: Court may order medical examination of child or young person
1: Where the court is satisfied—
a: that there are reasonable grounds for suspecting that a child or young person is suffering ill-treatment, abuse, neglect, deprivation, or serious harm; and
b: that it is expedient that a medical examination of that child or young person be carried out for the purpose of determining whether that suspicion is well-founded,— the court may order the child or young person to attend for a medical examination by a health practitioner whom the court considers qualified for the purpose
2: An application for an order under subsection (1) may be made by the chief executive constable
3: Every application for an order under subsection (1) shall be served on the barrister or solicitor representing the child or young person and on such other persons as the court directs.
4: The following persons shall be entitled to appear and be heard on the hearing of an application under this section:
a: the applicant:
b: any person on whom the application is served:
c: with the leave of the court, any other person. Section 49(1) amended 31 January 2018 section 6 Children, Young Persons, and Their Families Amendment Act (No 2) 2016 Section 49(1) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 49(2) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 49(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
50: Ex parte
1: An order may be made under section 49 ex parte
a: that the delay that would be caused by proceeding on notice would or might entail risk to the personal safety of the child or young person who is the subject of the application; or
b: that proceeding on notice would be likely to prejudice investigations into whether the child or young person is in need of care or protection.
2: No order may be made under section 49 ex parte
3: Where an order is made under section 49 ex parte
51: Court may impose conditions on order for medical examination
Any order under section 49
52: Health
1: Every health practitioner section 49
2: A copy of every report supplied to the court pursuant to subsection (1) shall be given by the Registrar to—
a: every person entitled to appear and be heard on the application to which the report relates:
b: any other person whom the court considers has a proper interest in receiving a copy of the report. Section 52 heading amended 31 January 2018 section 7(1) Children, Young Persons, and Their Families Amendment Act (No 2) 2016 Section 52(1) amended 31 January 2018 section 7(2) Children, Young Persons, and Their Families Amendment Act (No 2) 2016
53: Medical examination of child or young person at request of
chief executive
1: This section applies to any child or young person—
a: in respect of whom a warrant has been issued under section 39
b: who is placed in the custody of the chief executive section 40 section 42
2: The chief executive health practitioner qualified for the purpose
3: Where, after making reasonable efforts to do so, the chief executive the chief executive health practitioner qualified for the purpose Section 53 heading amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 53(1)﻿(b) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 53(2) amended 31 January 2018 section 8(1) Children, Young Persons, and Their Families Amendment Act (No 2) 2016 Section 53(2) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 53(2) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 53(3) amended 31 January 2018 section 8(2) Children, Young Persons, and Their Families Amendment Act (No 2) 2016 Section 52(3) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 53(3) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003
54: Child or young person entitled to have adult present
Every child or young person who is medically examined under section 53
a: who is nominated for that purpose by that child or young person or, if the age or level of maturity of the child or young person makes it impracticable for that child or young person the chief executive
b: who consents to be present. Section 54(a) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 54(a) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016
55: Restrictions on internal examinations and examinations under general anaesthetic
1: No medical examination carried out under section 53
a: the health practitioner
b: the child or young person consents to such an examination of that part of the body.
2: No medical examination carried out under section 53
3: Nothing in subsection (1)﻿(b) requires the consent of any child or young person to any examination if the age or level of maturity of the child or young person makes it impracticable to obtain such consent. Section 55(1)﻿(a) amended 31 January 2018 section 9 Children, Young Persons, and Their Families Amendment Act (No 2) 2016
56: Health Every health practitioner section 53 person who arranged or required the examination Section 56 heading amended 31 January 2018 section 10(1) Children, Young Persons, and Their Families Amendment Act (No 2) 2016 Section 56 amended 31 January 2018 section 10(2) Children, Young Persons, and Their Families Amendment Act (No 2) 2016 Section 56 amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016
57: Report to chief executive following medical examination
A delegate of the chief executive section 53(3) chief executive Section 57 heading replaced 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 57 amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 57 amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
58: Fees for reports prepared under section 52 or section 56
Where any person prepares a report pursuant to section 52 section 56
a: out of money appropriated by Parliament for the purpose; or
b: if the court so decides, by such party or parties to the proceedings as the court may order. Production of documents relevant to investigation
59: Application for production of documents relevant to investigation of whether child or young person in need of care or protection
or assistance under section 17(2A)
1: Subject to subsection (4), the chief executive or a constable may apply to the court for an order requiring a person to produce a document for inspection by the chief executive or that constable if—
a: they believe they think section 14(1)﻿(e) or is in need of assistance under section 17(2A)
b: that person has refused to allow that document to be inspected.
2: Subject to section 60
3: The applicant and every person to whom notice of an application under subsection (1) is given shall be entitled to appear and be heard on the hearing of the application.
4: Nothing in subsection (1) applies in respect of any document the production of which would breach legal professional privilege. Section 59 heading amended 1 July 2019 section 39(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 59(1) replaced 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 59(1)﻿(a) amended 1 July 2019 section 39(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 59(1)﻿(a) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
60: Ex parte
1: An order may be made under section 61 ex parte
2: Where an order is made under section 61 ex parte
61: Court may order document to be produced
1: Where an application is made under section 59 section 14(1)﻿(e) or is in need of assistance under section 17(2A) section 59(4)
2: The court may inspect any document for the purpose of determining whether to make an order under this section for the production of that document, and for that purpose may order that document to be produced to the court.
3: Every person commits an offence and is liable on Section 61(1) amended 1 July 2019 section 40 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 61(3) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011
62: Section 61 to apply notwithstanding any enactment or rule of law
1: Subject to section 59(4) section 61
2: Subject to section 59(4) section 61
a: on the ground that the production of that document could or would tend to incriminate that person or subject that person to any penalty or forfeiture; or
b: on the ground of any other privilege that could otherwise be claimed by that person in relation to the production of the document in any proceedings in a court.
63: Right to remove, retain, and make copies of document produced under section 61
A person section 61
a: remove and retain that document for so long as is necessary for a full inspection of that document:
b: make copies of that document. Section 63 amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016
64: Document produced under section 61 not to be used for any other purpose
1: A person section 61
a: shall make use of that document, and any copy of that document taken pursuant to section 63(b)
b: except for the purposes of this Part, shall not disclose that document, or any copy of that document taken pursuant to section 63(b)
2: Every person commits an offence and is liable on Section 64(1) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 64(2) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011
65: Use of documents in subsequent proceedings
1: No document produced, pursuant to an order under section 61 is section 62
2: No document or information shall be privileged from being given in evidence in any proceedings under this Act or any other Act, and no objection to the admissibility of any document or information in any such proceedings shall be upheld, merely because the document or information was obtained as a result of the production of any document pursuant to an order under section 61 Section 65(1) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Information sharing Heading inserted 1 July 2019 section 41 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
65A: Purpose of information sharing and principle for information sharing decisions
1: The purpose of sections 66 to 66Q section 4(1)﻿(a) to (j)
2: Persons carrying out functions under sections 66 to 66Q
a: the child or young person; or
b: any person who is a family member of that child or young person or in a family relationship with that child or young person (within the meaning of section 12 Section 65A inserted 1 July 2019 section 41 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 65A(2)﻿(b) amended 1 July 2019 section 259(1) Family Violence Act 2018
66: Agencies to supply information
1: Every agency (within the meaning of section 7(1)
a: required to determine whether a child or young person is in need of care or protection or assistance under section 17(2) and (2A)
b: required for the purposes of any proceedings under this Part (including a family group conference).
2: Despite subsection (1), an agency may refuse to disclose any information that may be withheld on the grounds of legal professional privilege.
3: Information obtained under subsection (1)—
a: must not be used for the purposes of investigating any offence; and
b: is not admissible in any proceedings other than proceedings under this Part. Section 66 replaced 1 July 2019 section 41 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 66(1) amended 1 December 2020 section 217 Privacy Act 2020
66A: Disclosure of information obtained under section 66
1: The chief executive or a constable may disclose any information relating to a child or young person obtained under section 66
a: preventing or reducing the risk of a child or young person being subject to harm, ill-treatment, abuse, neglect, or deprivation:
b: making or contributing to an assessment of risk or need in relation to a child or young person, or a class of children or young persons:
c: making, contributing to, or monitoring any support plan for a child or young person where the plan relates to the activities and functions of the department:
d: preparing, implementing, or reviewing any prevention plan or strategy issued by the department:
e: arranging, providing, or reviewing services facilitated by the department for a child or young person, or their family or whānau:
f: carrying out any function in relation to family group conferences, children or young persons in care, or other functions relating to care or protection under this Part.
2: Section 66(3) section 66(1)
3: In this section, in care section 7(4)﻿(b) Section 66A inserted 1 July 2019 section 41 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
66B: Restrictions on disclosure of information under section 66A
The chief executive or a constable may not disclose information to a child welfare and protection agency or an independent person under section 66A
a: the information was disclosed to the chief executive or constable in circumstances that would otherwise have put the person who disclosed the information in breach of the person’s duty of confidence under the rules of the profession in which they practise; and
b: the chief executive or constable is aware, after making reasonable inquiries, that the disclosure would otherwise involve a breach of a duty of confidence of the kind referred to in paragraph (a) (whether as a result of being advised by the person disclosing the information or otherwise); and
c: the person to whom the information relates or their representative has not consented to the disclosure. Section 66B inserted 1 July 2019 section 41 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
66C: Use and disclosure of personal information relating to child or young person or classes of children or young persons
A child welfare and protection agency or an independent person that holds information relating to a child or young person or any class of children or young persons (including information contained in a dataset) may, irrespective of the purpose for which that information was collected,—
a: use that information for the purposes of—
i: preventing or reducing the risk of a child or young person being subject to harm, ill-treatment, abuse, neglect, or deprivation; or
ii: making or contributing to an assessment of risk or need in relation to a child or young person, or any class of children or young persons; or
iii: making, contributing to, or monitoring any support plan for a child or young person, where the plan relates to the activities and functions of the department; or
iv: preparing, implementing, or reviewing any prevention plan or strategy issued by the department; or
v: arranging, providing, or reviewing services facilitated by the department for a child or young person and their family or whānau; or
vi: carrying out any function in relation to family group conferences, children or young persons in care, or other functions relating to care or protection under this Part; or
b: disclose (whether on request or on the agency’s or independent person’s own initiative) that information to another child welfare and protection agency or an independent person if the agency or independent person disclosing the information reasonably believes that disclosing the information will assist the agency or independent person receiving the information to carry out any of the purposes described in paragraph (a). Section 66C inserted 1 July 2019 section 41 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
66D: Public notification of information about combined datasets
Section 66D repealed 17 December 2022 section 9 Oranga Tamariki Amendment Act 2022
66E: Application of sections 66F to 66J
Sections 66F to 66J section 66N(1) Section 66E inserted 1 July 2019 section 41 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
66F: Definitions
In sections 66G to 66J authorised child welfare and protection agency authorised independent person information relevant to the safety or well-being of a child or young person
a: a member of the family of that child or young person; or
b: any other person in a family relationship (within the meaning of section 12
c: any person who is likely to reside with the child or young person. Section 66F inserted 1 July 2019 section 41 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 66F information relevant to the safety or well-being of a child or young person amended 1 July 2019 section 259(1) Family Violence Act 2018
66G: Requests for information by authorised child welfare and protection agencies or authorised independent persons from other authorised child welfare and protection agencies or authorised independent persons
An authorised child welfare and protection agency or an authorised independent person (the requestor provider
a: a particular child or young person and their family; or
b: a class of children or young persons and their families. Section 66G inserted 1 July 2019 section 41 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
66H: Duty of child welfare and protection agency or independent person receiving request under section 66G
An authorised child welfare and protection agency or an authorised independent person—
a: must comply with a request under section 66G section 66A(1)
b: may decline the request if section 66I Section 66H inserted 1 July 2019 section 41 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
66I: When request under section 66G may be declined
An authorised child welfare and protection agency or an authorised independent person may decline a request under section 66G
a: is not satisfied that disclosure of the information will help to fulfil any of the purposes in section 66A(1)
b: reasonably believes that—
i: disclosure is likely to increase the risk of the child or young person being subject to harm, ill-treatment, abuse, neglect, or deprivation, and that risk outweighs the benefits of disclosure; or
ii: disclosure will prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial, and that prejudice is likely to outweigh the benefits of disclosure; or
iii: disclosure will prejudice the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation); or
iv: disclosure will breach legal professional privilege; or
v: disclosure will be contrary to the express wishes of the child or young person (expressed either directly or through their representative) and disclosure is not in the best interests of the child or young person. Section 66I inserted 1 July 2019 section 41 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
66J: Reasons for declining request
An authorised child welfare and protection agency or an authorised independent person who declines a request under section 66G Section 66J inserted 1 July 2019 section 41 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
66K: Consultation to be undertaken when information is requested or proposed to be disclosed under section 66C or 66H
If a child welfare and protection agency or an independent person proposes to disclose information under section 66C section 66H
a: inform the child or young person concerned, or their representative, about the proposed disclosure, including the purposes and likely recipients of any disclosure; and
b: provide the child or young person or their representative any reasonable assistance necessary to—
i: understand the nature of the proposed disclosure; and
ii: express their views about the proposed disclosure; and
iii: understand the consequences of the decision that is taken in relation to the disclosure; and
c: take into account any view expressed about the proposed disclosure before deciding whether to disclose the information. Section 66K inserted 1 July 2019 section 41 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Code of practice for information sharing Heading inserted 1 July 2019 section 41 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
66L: Purpose of Code for information sharing
1: The purpose of a Code of Practice for Information Sharing (a Code sections 66 to 66K
2: Without limiting subsection (1), a Code may—
a: authorise a child welfare and protection agency or a class of child welfare and protection agencies or an independent person or a class of independent persons to exercise 1 or more of the powers or carry out 1 or more of the functions set out in sections 66G to 66J
b: contain binding rules about the circumstances in which—
i: the powers conferred by 1 or more of those sections can be exercised; and
ii: the duties imposed by 1 or more of those sections must or may be carried out; and
c: specify the conditions to which the exercise of those powers and carrying out of those functions is subject; and
d: specify how disputes about the interpretation and application of those provisions are to be resolved. Section 66L inserted 1 July 2019 section 41 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
66M: Consultation on draft Code by Minister
1: As soon as practicable after the commencement of this section but before the Minister issues a draft Code, the Minister must consult the following persons about the content and form of the Code:
a: the Privacy Commissioner:
b: the Children and Young People’s Commission
c: any organisations or individuals who the Minister is satisfied represent the interests of—
i: child welfare and protection agencies; and
ii: independent persons; and
iii: different classes of child welfare and protection agencies and independent persons.
2: The Minister must, as soon as practicable after undertaking the consultation required by subsection (1), make decisions on the form and content of the draft Code and arrange for it to be—
a: notified in the Gazette
b: published on an Internet site maintained by the Government.
3: The notification of the draft Code must state—
a: that written submissions on the draft Code are invited from members of the public and interested organisations; and
b: where copies of the draft Code may be obtained; and
c: the closing date for submissions; and
d: the address to which submissions are to be sent. Section 66M inserted 1 July 2019 section 41 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 66M(1)﻿(b) amended 1 July 2023 section 41 Children and Young People's Commission Act 2022
66N: Approval of draft Code by Minister
1: After considering a summary of issues and concerns raised by submitters and making any amendments to the draft Code, the Minister must approve the Code.
1A: The Code is secondary legislation ( see Part 3
2: The Code comes into force—
a: on the date specified for that purpose in the Code, being a date after the date on which the Code is published under the Legislation Act 2019
b: if no such date is specified, the day after the date on which the Code is published under the Legislation Act 2019 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 66N inserted 1 July 2019 section 41 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 66N(1A) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 66N(2)﻿(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 66N(2)﻿(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021
66O: Application of Legislation Act 2012 to Code
Section 66O repealed 28 October 2021 section 3 Secondary Legislation Act 2021
66P: Amendments to Code
1: The Code may be amended by the Minister approving 1 or more amendments to the Code.
2: Sections 66M to 66N
3: However, section 66M
a: the amendment is a minor or technical amendment; and
b: the Minister considers that compliance with section 66M Section 66P inserted 1 July 2019 section 41 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 66P(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021
66Q: Relationship with other enactments
1: Sections 66 to 66P
a: affect the Official Information Act 1982
b: limit or prevent the collection, use, or disclosure of information that is—
i: authorised or required under any other enactment; or
ii: permitted under any other enactment.
2: The collection, storage, and use of information under sections 66 to 66J 13 set out in section 22
3: Sections 66 to 66P principles 11 and 12 section 22
4: However, if there is any other inconsistency between sections 66 to 66P Privacy Act 2020 sections 66 to 66P
5: Despite clause 4(1)﻿(c) section 66A(1) Section 66Q inserted 1 July 2019 section 41 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 66Q(2) amended 1 December 2020 section 217 Privacy Act 2020 Section 66Q(3) amended 1 December 2020 section 217 Privacy Act 2020 Section 66Q(4) amended 1 December 2020 section 217 Privacy Act 2020 Section 66Q(5) amended 1 August 2020 section 668 Education and Training Act 2020 Proceedings in respect of children and young persons in need of care or protection
67: Grounds for declaration that child or young person is in need of care or protection
Section 67 repealed 1 July 2019 section 42 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
68: Application for
care or protection order An application for a care or protection order (as defined in section 2
a: the chief executive
b: a constable
c: with the leave of the court, any other person. 1974 No 72 s 27(1) Section 68 heading amended 1 July 2019 section 43(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 68 amended 1 July 2019 section 43(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 68(a) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 68(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
69: Joint applications
An application for a care or protection order the chief executive or a constable Section 69 amended 1 July 2019 section 44 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 69 amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016
70: No application
for care or protection order
1: Subject to subsection (2), no application for a care or protection order (other than an interim order) section 14(1)﻿(e) Part 4
2: Subsection (1) does not apply where—
a: the child or young person in respect of whom the application is made has been placed in the custody of the chief executive section 39 section 42
b: the applicant believes that the interests of the child or young person in respect of whom the application is made require that an interim restraining order or an interim guardianship order
ba: an application for a custody order under section 78
i: where the application is made on the ground specified in section 14(1)﻿(e)
A: that it is not possible to make suitable alternative arrangements for the custody of the child in respect of whom the application is made pending the determination of the application; or
B: that it is in the public interest that the child be held in custody pending the determination of the application:
ii: in any other case, that the interests of the child or young person in respect of whom the application is made require that such a custody order be granted as a matter of urgency; or
c: the application is made on the ground specified in section 14(1)﻿(a)﻿(i) section 14AA(1)﻿(b)
3: Where, pursuant to any of paragraphs (a) to (ba) of subsection (2), an application for a care or protection order (other than an interim order)
a: in the case of an application made on the ground specified in section 14(1)﻿(e)
b: in any other case, a care and protection co-ordinator— for the purposes of convening a family group conference. Section 70 heading amended 1 July 2019 section 45(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 70(1) amended 1 July 2019 section 45(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 70(2)﻿(a) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 70(2)﻿(a) amended 1 November 1989 Children, Young Persons, and Their Families Amendment Act 1989 Section 70(2)﻿(b) replaced 8 January 1995 section 9(1) Children, Young Persons, and Their Families Amendment Act 1994 Section 70(2)﻿(b) amended 1 July 2019 section 45(3) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 70(2)﻿(ba) inserted 8 January 1995 section 9(1) Children, Young Persons, and Their Families Amendment Act 1994 Section 70(2)﻿(c) amended 1 July 2019 section 45(4) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 70(3) replaced 8 January 1995 section 9(2) Children, Young Persons, and Their Families Amendment Act 1994 Section 70(3) amended 1 July 2019 section 45(5) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
71: Court may make
care or protection order Where—
a: an application for a care or protection order section 14(1)
b: the court is satisfied that, but for the failure of the evidence to establish that a parent or guardian of the child or young person or a person having the care of the child or young person is culpable in relation to the harm suffered by the child or young person, the grounds specified in section 14(1)﻿(a)﻿(i) or (ii) section 14AA(1)﻿(a) or (2)﻿(a) the court may find those grounds made out. 1974 No 72 s 29A 1983 No 129 s 6(1) Section 71 heading amended 1 July 2019 section 46(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 71(a) amended 1 July 2019 section 46(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 71(b) amended 1 July 2019 section 46(3) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
72: Court not to make
care or protection order
1: Subject to subsection (2), the court shall not make a care or protection order (other than an interim order) section 14(1)﻿(e) Part 4
2: Nothing in subsection (1) applies in respect of any application to which section 70(2)﻿(c)
3: Where an application is made to the court for a care or protection order (other than an interim order) Section 72 heading amended 1 July 2019 section 47(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 72(1) amended 1 July 2019 section 47(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 72(3) amended 1 July 2019 section 47(3) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
73: Court not to make
care or protection order
1: The court shall not make a care or protection order (other than an interim order)
2: In deciding whether or not to make a care or protection order (other than an interim order) on the basis of section 14(1)﻿(a)﻿(i) or (ii) section 14AA(1)﻿(a) or (2)﻿(a)
a: that the kind of harm suffered by the child or young person will neither continue nor be repeated:
b: that a parent or guardian or other person having the care of the child or young person will be capable of ensuring that the kind of harm suffered by the child or young person will be neither continued nor repeated. Section 73 heading amended 1 July 2019 section 48(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 73(1) amended 1 July 2019 section 48(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 73(2) amended 1 July 2019 section 48(3) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 73(2) amended 1 July 2019 section 48(4) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Counselling
74: Court may require parties to undergo counselling
1: Where an application is made to the court for a care or protection order
a: the child or young person in respect of whom the application is made:
b: any parent or guardian of the child or young person or any person having the care of the child or young person:
c: where the application is accompanied by or joined with an application for a restraining order or an interim restraining order, any person in respect of whose conduct that order or interim order is sought.
2: Where a direction made under subsection (1) does not specify the person who is to undertake the counselling, the direction shall be referred to the Registrar of the court, and that Registrar shall, on receipt of the direction, refer to an appropriate counsellor the person or persons in respect of whom the direction is given.
3: In determining, for the purposes of any direction made under subsection (1), the nature of the counselling and the person who is to carry out the counselling, the court or Registrar, as the case may be, shall have regard to the views of the person or persons in respect of whom that direction is given. 1980 No 94 s 10 Section 74(1) amended 1 July 2019 section 49 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
75: Counsellor to arrange meeting and submit report on outcome
1: Where a direction is made under section 74(1)
a: arrange to meet the person or persons in respect of whom the direction is given; or
b: by letter sent by post request that person or those persons to attend before the counsellor at a specified time and place— for the purpose of the counselling.
2: As soon as practicable after a direction is made under section 74 1980 No 94 s 11
76: Fees
Any fees charged by any counsellor in respect of any counselling carried out pursuant to any direction made under section 74 a Crown Bank Account Section 76 amended 25 January 2005 section 83(7) Public Finance Act 1989
77: Privilege
1: No evidence shall be admissible in any court, or before any person acting judicially, of any information, statement, or admission disclosed or made to any person in the course of carrying out that person's functions as a counsellor pursuant to a direction made under section 74
2: Except to the extent that it is necessary for a counsellor to do so in the proper discharge of that person's functions, every person who acts as a counsellor pursuant to a direction made under section 74 1980 No 94 s 18 Section 77(2) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Custody of child or young person pending determination of proceedings Heading replaced 8 January 1995 section 10 Children, Young Persons, and Their Families Amendment Act 1994
78: Custody of child or young person pending determination of proceedings
or in urgent cases
1: In any proceedings in a court under Part 2 an interim order
1A: Even if there are no other proceedings under this Part in relation to a child or a young person, the court may, on application by a person entitled to make an application under section 68 applicant
1B: This subsection applies if—
a: it is in the best interests of the child or young person that an interim custody order be made as a matter of urgency; or
b: it is in the public interest that an interim custody order be made in respect of a child or young person and the grounds on which the order is sought relate to offending or alleged offending by the child or young person.
2: Without limiting the generality of subsection (1), the court may make an order under that subsection in relation to a child or young person in the following cases:
a: where the child or young person has been placed in the custody of the chief executive section 39 section 40 section 42 section 45
b: where the court is satisfied that the child or young person is in need of care or protection for the period of the order:
c: in the case of an application for a care or protection order section 14(1)﻿(e)
i: it is not possible to make suitable alternative arrangements for the custody of the child pending the determination of the application; or
ii: it is in the public interest that the child be held in custody pending the determination of the application:
d: if an application has been made for a care or protection order and the court has adjourned the proceedings pending their disposition:
e: where an application for a variation or discharge of any order (or the variation or discharge of any condition of any order) is made to the court under section 125
f: where a report is furnished to the court pursuant to section 135 section 137
3: An order under subsection (1) may be made on such terms and conditions as the court thinks fit.
4: An order under subsection (1A) remains in force—
a: for the period specified in the order (not exceeding 28 days) unless it is earlier discharged by the court on application under section 125
b: until a later date (specified by the court in the order) that the court considers allows sufficient time for a family group conference to be held and, if necessary, an application for another care or protection order to be made. Section 78 replaced 8 January 1995 section 10 Children, Young Persons, and Their Families Amendment Act 1994 Section 78 heading amended 1 July 2019 section 50(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 78(1) amended 1 July 2019 section 50(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 78(1A) inserted 1 July 2019 section 50(3) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 78(1B) inserted 1 July 2019 section 50(3) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 78(2)﻿(a) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 78(2)﻿(c) amended 1 July 2019 section 50(4) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 78(2)﻿(d) replaced 1 July 2019 section 50(5) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 78(4) inserted 1 July 2019 section 50(6) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
79: Persons who may be granted custody under section 78
1: An order made under section 78
a: the chief executive
b: an iwi social service:
c: a cultural social service:
d: the director of a child and family support service:
e: any other person.
2: The court shall not make an order under section 78 chief executive Section 79(1)﻿(a) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 79(1)﻿(b) replaced 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994 Section 79(1)﻿(c) replaced 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994 Section 79(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
80: Effect of order made under section 78
Section 104 section 105 section 106 section 107 section 78 section 101
81: Placement of child or young person under order made under section 78
1: Where, pursuant to an order made under section 78 chief executive
a: with a member of the child's or young person's family, whanau, or family group:
b: where the child or young person is placed in the custody of the chief executive
2: Subject to subsection (1), the person in whose custody a child or young person is so placed may, from time to time, during the currency of the order, change the placement of the child or young person. 1974 No 72 s 43(8) Section 81 replaced 8 January 1995 section 11 Children, Young Persons, and Their Families Amendment Act 1994 Section 81(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 81(1)﻿(b) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
82: Child or young person may be returned to person who previously had care
1: This section applies where a child or young person is placed in the custody of the chief executive section 78
2: Subject to subsection (5), where this section applies, the person in whose custody the child or young person is placed may, at any time before the order expires or is discharged, if that person considers it appropriate to do so, return the child or young person to the custody of the parent or guardian or other person who had the care of the child or young person immediately before the order was made.
3: The person so returning the child or young person may impose such conditions relating to the supervision of the child or young person as that person thinks fit.
4: Subject to subsection (5), where,—
a: pursuant to subsection (2), a child or young person is returned to the custody of another person; and
b: at any time before the order made under section 78 the child or young person the person may direct that other person to return the child or young person to the custody of that person.
5: No person shall—
a: return a child or young person to the custody of any other person pursuant to subsection (2); or
b: issue a direction under subsection (4) in relation to a child or young person— without first consulting with the barrister or solicitor representing that child or young person.
6: If a person gives a direction under subsection (4),—
a: the chief executive (acting through the chief executive’s
i: remove the child or young person to whom the direction relates, using such force as is reasonably necessary for the purpose; and
ii: place the child or young person with a person or, if the person giving the direction is the chief executive, in a residence, as the person giving the direction thinks appropriate; and
b: section 105(2) and (3) Section 82 replaced 8 January 1995 section 11 Children, Young Persons, and Their Families Amendment Act 1994 Section 82(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 82(4)﻿(b) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 82(6) replaced 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 82(6)﻿(a) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Care or protection orders Heading replaced 1 July 2019 section 51 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
83: Care or protection orders
1: If the court, on application made under section 68
a: discharge the child or young person, or any parent or guardian or other person having the care of the child or young person, or both, from the proceedings without further order:
b: order that the child or young person, or any parent or guardian or other person having the care of the child or young person, or both, come before the court, if called upon within 2 years of the making of the order, so that the court may take further action under this section:
c: order 1 or more of the following persons to receive counselling from such person or persons, and subject to such conditions, as are specified by the court:
i: the child or young person:
ii: any parent or guardian or other person having the care of the child or young person:
iii: any person in respect of whose conduct a restraining order or an interim restraining order was sought or made in the proceedings:
d: make a services order under section 86
e: make a restraining order under section 87
f: make a support order under section 91
g: make a custody order under section 101
h: make an order under section 110
1A: However, on an application under section 18A(4)﻿(a) 18D section 14(1)﻿(c)
2: Where the court makes an order under subsection (1)﻿(c), sections 74 to 77 section 74(1)
2A:
2B: 1974 No 72 s 31(1)﻿(b), (c), (d), (h) 1983 No 129 s 7(1) Section 83 heading replaced 1 July 2019 section 52(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 83(1) amended 1 July 2019 section 52(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 83(1A) inserted 1 July 2019 section 52(3) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 83(2A) repealed 17 December 2022 section 10 Oranga Tamariki Amendment Act 2022 Section 83(2B) repealed 17 December 2022 section 10 Oranga Tamariki Amendment Act 2022
84: Power to make other orders
on ground of child’s offending
1: If, on an application under section 68 section 14(1)﻿(e) section 83(1)
a: an order admonishing the child:
b: where the court is satisfied that any person (other than the child) suffered—
i: any emotional harm; or
ii: any loss of or damage to property— through or by means of the child's offending, an order directing the child, or any parent or guardian of the child, to pay to the person who suffered the emotional harm or the loss of or damage to property such sum as it thinks fit by way of reparation:
c: an order directing the child, or any parent or guardian or other person having the care of the child, to deliver to the person who appears to the court to be entitled to it any property in the possession of the child or in the possession of any person for the child:
d: an order for the forfeiture of property to the Crown in any case where the forfeiture of that property would have been obligatory or could have been ordered under any enactment applicable to the offence if the child were an adult and had been convicted of an offence by the District Court
2: Any sum ordered to be paid pursuant to subsection (1)﻿(b) in respect of the loss of or damage to property shall be limited to the cost of replacement or (as the case may require) the cost of repair, and shall not include any loss or damage of a consequential nature.
3: No order shall be made under subsection (1)﻿(b) against the chief executive section 110
4: No order shall be made under subsection (1)﻿(b) in respect of the parent or guardian of the child unless that parent or guardian has been informed by the court of the proposal to make the order and has been given an opportunity to make representations to the court. 1974 No 72 s 31(1)﻿(e), (f), (g) 1985 No 120 s 22(5) 1987 No 168 s 4 Section 84 heading amended 1 July 2019 section 53(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 84(1) amended 1 July 2019 section 53(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 84(1)﻿(d) amended 1 March 2017 section 261 District Court Act 2016 Section 84(3) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
85: Recall to come before court
1: Where the court makes an order under section 83(1)﻿(b)
a: the chief executive
b: a constable
c: the applicant in the proceedings in which the order was made,— the issue to the person in respect of whom the order was made of a summons, in a form prescribed for the purposes of this subsection by rules of court
2: Where a person appears before the court on a summons issued under subsection (1), the court may consider the matter and after taking into account such factors as may be relevant since the making of the order, exercise any of the powers conferred on it under section 83 section 84
a: the power conferred by section 83(1)﻿(b)
b: where any power conferred by paragraph (b), paragraph (c), or paragraph (d) of section 84(1) 1974 No 72 s 31(2) Section 85(1) amended 13 September 2002 section 6 Family Courts Amendment Act 2000 Section 85(1)﻿(a) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 85(1)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Services orders
86: Services orders
1: If, on an application under section 68
a: make an order directing the chief executive
b: make an order directing the chief executive
2: The court shall not make an order under subsection (1) unless the chief executive chief executive
a: is given notice of the court's intention to consider making the order; and
b: is given an opportunity to appear and be heard by the court before the order is made; and
c: subject to subsection (3), consents to the making of the order.
3: An order directing the chief executive chief executive chief executive
a: that requiring the chief executive
b: that the child or young person in respect of whom the court proposes to make an order under this section is in the care of a person or organisation clearly consistently with the principles set out in sections 4A(1) 5 13 Section 86 replaced 8 January 1995 section 12 Children, Young Persons, and Their Families Amendment Act 1994 Section 86(1) amended 1 July 2019 section 54(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 86(1)﻿(a) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 86(1)﻿(b) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 86(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 86(3) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 86(3)﻿(a) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 86(3)﻿(b) amended 1 July 2019 section 54(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
86A: Interim services orders
Where an application is made to the court for a care or protection order in respect of section 86 Section 86A inserted 8 January 1995 section 12 Children, Young Persons, and Their Families Amendment Act 1994 Section 86A amended 1 July 2019 section 55 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
86B: No services orders in respect of permanent caregivers
1: Despite sections 86 86A
a: a person who is, or is to be made, a permanent caregiver of a child or young person; or
b: a child or young person who is, or is to be, in the care of a permanent caregiver.
2: If a services order or an interim services order in respect of a permanent caregiver, or in respect of a child or young person in the care of a permanent caregiver, is in force on the date on which this section comes into force,—
a: on and from that date, sections 134 to 137
b: the order ceases to have effect on the date on which it is next due for review. Section 86B inserted 30 June 2016 section 18 Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Restraining orders
87: Restraining orders
1: If, on an application under section 68 or at any time after becoming satisfied that the child or young person is in need of care or protection,
a: residing with the child or young person:
b: using or threatening violence or causing or threatening to cause physical harm to the child or young person:
c: molesting the child or young person by watching or besetting the child's or young person's place of residence, work, or education, or by following or waylaying the child or young person in any public place within the meaning of section 2
d: molesting any person with whom the child or young person is residing by watching or besetting that person's place of residence, work, or education, or by following or waylaying that person in any public place within the meaning of section 2
1A: However, if the court is already satisfied that the child or young person is in need of care or protection, a restraining order may, despite anything in section 70 72
2: Subject to any rules of court ex parte Section 87(1) amended 17 December 2022 section 11(1) Oranga Tamariki Amendment Act 2022 Section 87(1) amended 1 July 2019 section 56 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 87(1A) inserted 17 December 2022 section 11(2) Oranga Tamariki Amendment Act 2022 Section 87(2) amended 13 September 2002 section 6 Family Courts Amendment Act 2000
88: Interim restraining orders
1: Where an application is made to the court for a care or protection order in respect of section 87
2: Even if there are no other proceedings under this Part in relation to a child or young person, the court may, on application by a person entitled to make an application under section 68 applicant section 87
3: This subsection applies if it is in the best interests of the child or young person that an interim restraining order be granted as a matter of urgency.
4: An order under subsection (2) remains in force—
a: for the period specified in the order (not exceeding 28 days), unless it is earlier discharged by the court on application under section 125
b: until a later date (specified by the court in the order) that the court considers allows sufficient time for a family group conference to be held and, if necessary, an application for another care or protection order to be made. Section 88(1) amended 1 July 2019 section 57(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 88(2) inserted 1 July 2019 section 57(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 88(3) inserted 1 July 2019 section 57(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 88(4) inserted 1 July 2019 section 57(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
89: Offence to contravene restraining order or interim restraining order
Every person commits an offence and is liable on Section 89 amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011
90: When restraining order shall cease to have effect
Where the court makes an order under section 87 section 88 or enters into a civil union Section 90 amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Support orders
91: Support orders
1: If, on an application under section 68 chief executive
2: The court shall not make an order under subsection (1) unless the chief executive chief executive
a: is given notice of the court's intention to consider making the order; and
b: is given an opportunity to appear and be heard by the court before the order is made; and
c: subject to subsection (3), consents to the making of the order.
3: An order directing the chief executive chief executive chief executive
a: that requiring the chief executive
b: that the child or young person in respect of whom the court proposes to make an order under this section is in the care of a person or organisation clearly consistently with the principles set out in sections 4A(1) 5 13 Section 91 replaced 8 January 1995 section 13 Children, Young Persons, and Their Families Amendment Act 1994 Section 91(1) amended 1 July 2019 section 58(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 91(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 91(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 91(3) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 91(3)﻿(a) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 91(3)﻿(b) amended 1 July 2019 section 58(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
92: Interim support orders
Where an application is made to the court for a care or protection order section 91 Section 92 amended 1 July 2019 section 59 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
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 92
2: The kind of order that must not be made is an order directing the chief executive or any other person or organisation to provide financial or other assistance that could be provided by the chief executive under section 388 388A Section 92A inserted 30 June 2016 section 19 Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014
93: Duty to provide support
Where an order is made under section 91 section 92 chief executive chief executive
a: to monitor the standard of care, protection, and control being provided to, or exercised over, that child or young person; and
b: to provide, or co-ordinate the provision of, such services and resources (including financial services and resources), whether from the community or otherwise, as will ensure that appropriate care, protection, and control are provided to, or exercised over, that child or young person. Section 93 replaced 8 January 1995 section 14 Children, Young Persons, and Their Families Amendment Act 1994 Section 93 amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
94: Duty of chief executive to appoint social worker to provide support
Section 94 repealed 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016
95: Conditions of support order or interim support order
1: If a court makes an order under section 91 92
a: the support person may, at all reasonable times, visit and enter the building or place in which the child or young person is living:
b: the child or young person must not reside at an address at which, or with a person with whom, the support person has directed them
c: the parent or guardian or other person having the care of the child or young person and with whom the child or young person is residing must ensure that the support person knows at all times the address at which the child or young person is residing:
d: in the case of a child or young person who the court is satisfied is in need of care or protection section 14(1)﻿(d) or (e) the child or young person them
2: For the purposes of this section and section 97 support person
a: a person who has been delegated the chief executive’s functions or powers under section 93
b: a person named in the order:
c: a person acting on behalf of an organisation named in the order. Section 95 replaced 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 95(1)﻿(b) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 95(1)﻿(d) amended 17 December 2022 section 12 Oranga Tamariki Amendment Act 2022 Section 95(1)﻿(d) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
96: Power of court to impose additional conditions
1: The court, in making an order under section 91 section 92
a: in the case of a child or young person who the court is satisfied, on an application made under section 68 section 14(1)﻿(d) or (e)
i: that the child or young person shall not associate with any specified person or with persons of any specified class:
ii: that the child or young person attend and remain at, for such weekday, evening, and weekend hours each week and for such number of months as the court thinks fit, any specified centre that is approved by the department and that conducts educational, recreational, instructional, cultural, or work programmes, or sporting activity, and take part in such activity as may be required by the person in charge of the centre:
iii: in the case of a child who the court is satisfied, on an application made under section 68 section 14(1)﻿(e)
b: that the child or young person shall undergo any specified medical examination and treatment or any specified psychological or psychiatric examination, counselling, and therapy:
c: such conditions relating to the child's or young person's place of residence as the court thinks fit.
2: The court shall not impose a condition under subsection (1)﻿(a)﻿(ii) without the consent of the child or young person. 1974 No 72 s 47(1)﻿(d), (e), (g), (i) 1983 No 129 s 12(1) Section 96(1)﻿(a) amended 1 July 2019 section 61(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 96(1)﻿(a)﻿(iii) amended 1 July 2019 section 61(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
97: Court may impose conditions in respect of parent, guardian, etc, of child or young person
1: If a court makes an order under section 91 92
a: assisting any parent or guardian or other person having the care of the child or young person, or any other person residing with the child or young person, to carry out their
b: promoting co-operation between the parents or guardians or other persons, the child or young person, and the support person.
2: The court shall not impose any conditions under subsection (1) unless the parent or guardian or other person having the care of, or residing with, the child or young person has been given an opportunity to make representations to the court and the court has regard to those representations. Section 97(1) replaced 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 97(1)﻿(a) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
98: Court not to impose condition requiring medical treatment without person's consent
The court shall not impose any condition under section 96 section 97
a: in the case of a child or young person under the age of 16 years—
i: by a parent or guardian (not being the chief executive
ii: if there is no such parent or guardian in New Zealand or no such parent or guardian can be found with reasonable diligence or is capable of giving consent, by a person in New Zealand who has been acting in the place of a parent; or
iii: if there is no person in New Zealand who has been so acting, or if no such person can be found with reasonable diligence or is capable of giving consent, by the court or the chief executive
b: in the case of any other person, by that person. 1974 No 72 s 47(1)﻿(e) 1983 No 129 s 12(1) Section 98(a)﻿(i) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 98(a)﻿(iii) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
99: Person or organisation providing support to child or young person to report to court
If, under section 91
a: an assessment of the effectiveness of the order; and
b: a description of the child’s or young person’s response to it; and
c: any other information that they consider Section 99 replaced 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 99(c) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
100: Failure to observe conditions of support order
1: Where the court makes an order under section 91 section 92 chief executive section 96 section 97
2: The court may, on any application under subsection (1), where it is satisfied that any child or young person or any parent or guardian or other person having the care of, or residing with, the child or young person has failed, without reasonable excuse, to comply with the condition of the order, make such a declaration and make any order under section 127 section 125
3: Every application under this section shall be served on—
a: the child or young person to whom the order relates; and
b: any parent or guardian or other person having the care of the child or young person; and
c: if the application relates to any person residing with the child or young person, that person. 1974 No 72 s 48(1)–(3) Section 100(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Custody orders
101: Custody orders
1: If a court, on application under section 68
a: the chief executive
b: an iwi social service:
c: a cultural social service:
d: the director of a child and family support service:
e: any other person.
2: Any such order may be made on such terms and conditions as the court thinks fit.
3: The court shall not make an order under subsection (1) placing any child or young person in the custody of any person (other than the chief executive Section 101(1) amended 1 July 2019 section 62 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 101(1)﻿(a) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 101(1)﻿(b) replaced 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994 Section 101(1)﻿(c) replaced 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994 Section 101(3) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
102: Interim custody orders
1: Where the court is satisfied that a child or young person is in need of care or protection section 101
2: No interim custody order made pursuant to this section shall continue in force for more than 6 months after the date on which it is made.
3: Where an interim custody order is made pursuant to this section, the court may, on application by any person who was the applicant in the proceedings in which the order was made, or any person on whom the application in those proceedings was served in accordance with section 152
a: make 1 but only 1 further interim custody order under section 101
b: make a final order under that section; or
c: make such other order referred to in section 83(1) section 84(1)
d: dismiss the application. Section 102(1) amended 1 July 2019 section 63 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
103: Court may impose conditions to facilitate return of child or young person
Where the court makes an order under section 101 chief executive iwi social service or a cultural social service Section 103 amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 103 amended 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994
104: Effect of custody order
1: Where the court makes an order under section 101
a: that person has the role of providing day-to-day care for the child or young person as if a parenting order had been made under section 48(1)
b: except to the extent that they are preserved by the court in any order made under section 121
c: for the purposes of section 92
i: the order constitutes an order about the role of providing day-to-day care for the child or young person; and
ii: the person in whose custody the child or young person is placed is a person who, under the order, has the role of providing day-to-day care for the child or young person.
2: Any custody order shall be sufficient authority for any constable the chief executive (acting through the chief executive’s chief executive
a: where the order places the child or young person in the custody of the chief executive principal manager of the department for the area
b: where the order places the child or young person in the custody of an iwi social service or a cultural social service, with such person as the convener of the social service directs:
c: where the order places the child or young person in the custody of the director of a child and family support service, with such person or in such residence as that director directs:
d: where the order places the child or young person in the custody of any other person, with that person.
3: Any person authorised by subsection (2) to place any child or young person with any person or in any residence—
a: may use such force as is reasonably necessary for that purpose:
b: may exercise that authority from time to time in order to return the child or young person to that person or residence:
c: for the purpose of exercising that authority,—
i: may enter and search any dwelling house, building, aircraft, ship, carriage, vehicle, premises, or place, with or without assistance and by force if necessary; and
ii: must, on first entering any dwelling house, building, aircraft, ship, carriage, vehicle, premises, or place and, if requested, at any subsequent time,—
A: produce evidence of their identity; and
B: disclose that they are exercising that authority under this Act. Section 104(1)﻿(a) replaced 1 July 2005 section 151 Care of Children Act 2004 Section 104(1)﻿(c) replaced 1 July 2005 section 151 Care of Children Act 2004 Section 104(2) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 104(2) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 104(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 104(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 104(2)﻿(a) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 104(2)﻿(b) replaced 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994 Section 104(3)﻿(c) replaced 17 December 2022 section 13 Oranga Tamariki Amendment Act 2022
105: Living arrangements for child or young person placed in custody of
chief executive
1: Where the court makes an order under section 101 chief executive
a: the chief executive
b: the chief executive
i: to be placed in any residence:
ii: to be placed in any school or other institution that provides care or training or physical or mental health care:
iii: to undertake employment or any training for employment:
c: the chief executive (acting through the chief executive’s the delegate
d: the chief executive (acting through the chief executive’s the delegate
2: For the purpose of removing any child or young person pursuant to subsection (1)﻿(d), a delegate
3: A delegate
a: produce evidence of identity; and
b: disclose that those powers are being exercised under subsection (2). Section 105 heading amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 105(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 105(1)﻿(a) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 105(1)﻿(b) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 105(1)﻿(c) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 105(1)﻿(c) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 105(1)﻿(d) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 105(1)﻿(d) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 105(2) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 105(3) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016
106: Living arrangements where child or young person placed in custody of iwi social service, etc
1: Where the court makes an order under section 101
a: may from time to time direct that the child or young person be removed from the person with whom or the residence in which that child or young person was placed pursuant to section 104
b: may request the chief executive or any constable to assist in carrying out any direction given under paragraph (a).
1A: Any delegate of the chief executive or any constable who is providing assistance under subsection (1)﻿(b) may use such force as is reasonably necessary to do so.
2: For the purposes of assisting in the carrying out of any direction given under subsection (1)﻿(a), any delegate constable section 105(2) Section 106 replaced 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994 Section 106(1)﻿(b) replaced 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 106(1A) inserted 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 106(2) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 106(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
107: Person in whose custody child or young person is placed may determine access rights in absence of court order
Where—
a: the court makes an order under section 101
b: the court has not made an order under section 113B(1)﻿(b) section 121 the person in whose custody the child or young person is placed shall, subject to any order of any court, have the sole authority to decide whether, and on what terms and conditions (if any), any person is to have access to the child or young person. Section 107(b) amended 30 June 2016 section 20 Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014
108: When custody order shall cease to have effect
Where the court makes an order under section 101
a: the order expires in accordance with section 102
b: the terms of the order expire; or
c: in the case of a young person, that young person attains the age of 18 years
d: in the case of a young person, that young person marries or enters into a civil union
e: the child or young person is adopted by any person other than a parent of the child or young person— whichever first occurs. Section 108(c) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 108(d) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005
109: Custody to revert on expiry of order
Where an order made under section 101 Guardianship orders
110: Guardianship orders
1: Where the court is satisfied that a child or young person is in need of care or protection section 110A
a: the chief executive:
b: an iwi social service:
c: a cultural social service:
d: the director of a child and family support service:
e: any other person.
2: A guardian appointed under subsection (1) must be appointed as—
a: the sole guardian of the child or young person; or
b: a guardian of the child or young person in addition to any other guardian.
3: The director of a child and family support service may not be appointed as the sole guardian of a child or young person.
4: Section 110 replaced 30 June 2016 section 21 Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 110(1) amended 1 July 2019 section 64 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 110(4) repealed 17 December 2022 section 14 Oranga Tamariki Amendment Act 2022
110AA: Interim guardianship orders
1: In any proceedings in a court under this Part in relation to a child or young person, the court may, on the application of any party to the proceedings, or on its own motion, make an order that it is empowered to make under section 110
2: An interim guardianship order may be made only if the immediate needs of the child or young person cannot be met without making the order.
3: An interim guardianship order must not continue in force for more than 6 months after the date on which it is made.
4: If an interim guardianship order is made, the court may, on application by any person who was the applicant in the proceedings in which the order was made, or any person on whom the application in those proceedings was served in accordance with section 152
a: make 1, but only 1, further interim guardianship order under this section; or
b: make a final order under section 110
c: make any other order referred to in section 83(1) 84(1)
d: dismiss the application.
5: Even if there are no other proceedings under this Part in relation to a child or young person, the court may, on application by a person entitled to make an application under section 68 applicant
6: This subsection applies if it is in the best interests of the child or young person that an interim guardianship order be made as a matter of urgency.
7: An order under subsection (5) remains in force—
a: for the period specified in the order (not exceeding 28 days) unless it is earlier discharged by the court on application under section 125
b: until a later date (specified by the court in the order) that the court considers allows sufficient time for a family group conference to be held and, if necessary, an application for another care or protection order to be made. Section 110AA inserted 1 July 2019 section 65 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
110A: Application for change of guardianship order
1: If a person is, in relation to a child or young person, a permanent caregiver who is not a special guardian, the person may, with the leave of the court, make a combined application for a guardianship order under section 110 section 113A
2: Leave of the court may be given only if the court is satisfied that—
a: the application is made with the intention of replacing a guardianship order made under section 27 section 48
b: the person has exercised all mechanisms available under the Care of Children Act 2004
3: An application under this section must be treated as if it were an application under section 125 Part 2 Part 3
4: On an application under this section, the court may make the orders applied for only if—
a: the court is satisfied that—
i: the person has been unable to effectively exercise their Care of Children Act 2004
ii: that inability is due to the conduct of the parents or other guardians of the child or young person, and that conduct forms a pattern of behaviour; and
iii: the child's or young person's well-being
b: following an application under section 29A section 48 Section 110A inserted 30 June 2016 section 21 Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 110A(4)﻿(a)﻿(i) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 110A(4)﻿(a)﻿(iii) amended 1 July 2019 section 66 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
111: Person not to be appointed as guardian without consent
The court shall not make an order under section 110 chief executive
a: it gives notice of its intention to consider making the order to that person; and
b: that person is given an opportunity to appear and be heard by the court before the court makes such an order; and
c: that person consents to the making of the order. Section 111 amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
112: Chief executive Any order under section 110 chief executive Section 112 heading amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 112 amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
113: Court may impose conditions to facilitate return of child or young person
Where the court makes an order under section 110 chief executive iwi social service or a cultural social service Section 113 amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 113 amended 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994
113A: Special guardianship orders
1AA: If a person who is appointed as a sole or additional guardian of a child or young person under section 110 section 127
1: The court may make an order under this section appointing a person
a: the appointment is made for the purpose of providing the child or young person with a long-term, safe, nurturing, stable, and secure environment that enhances their
b: either—
i: the child or young person has no other guardian; or
ii: the special guardian either replaces, or is additional to, an existing guardian of the child or young person.
2: For the purposes of this section and section 113B existing guardian section 110 Section 113A inserted 30 June 2016 section 22 Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 113A(1AA) inserted 17 December 2022 section 15(1) Oranga Tamariki Amendment Act 2022 Section 113A(1) amended 17 December 2022 section 15(2) Oranga Tamariki Amendment Act 2022 Section 113A(1)﻿(a) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
113B: Effect of special guardianship order
1: Where a special guardianship order is made in respect of a child or young person, then, whether the special guardian is a sole or additional guardian and despite anything in this section,—
a: the special guardian has custody of the child or young person, and—
i: no order under section 101
ii: section 114(2)﻿(b) and (c)
b: the order must specify the access and other rights (not being custody or guardianship rights), including any terms and conditions that apply to those rights, of each existing guardian in relation to the child or young person.
2: Where a special guardianship order specifies the access and other rights of any existing guardian,—
a: no existing guardian may apply for an order under section 121(2)﻿(d) or (e) their
b: section 122 section 121
3: If a person who is appointed as the sole guardian of a child or young person is also appointed as a special guardian, the provisions of this Act relating to sole guardians apply, except that—
a: sections 134 135 section 128
b: despite section 117(1)﻿(a)
4: If a person who is appointed as an additional guardian of a child or young person is also appointed as a special guardian,—
a: the order must set out which guardianship rights (which may include those set out in section 16(2)
b: the order must require that the existing guardian is informed of any decisions made by the special guardian in the exercise of any guardianship rights held exclusively by the special guardian; and
c: the provisions of this Act relating to additional guardians apply, except as follows:
i: no existing guardian may apply under section 115
ii: sections 134 135 section 128
iii: despite section 117(1)﻿(a)
5: Every special guardianship order must require that, if the child or young person to whom the order applies begins to live with anyone other than the special guardian on more than a temporary basis, the special guardian must,—
a: if the child or young person, immediately before the guardianship order was made, was in the custody of the chief executive or a natural person, advise the chief executive
b: if the child or young person, immediately before the guardianship order was made, was in the custody of an iwi social service, cultural social service, or the director of a child and family support service, advise that service or director, as appropriate.
6: The obligation on the chief executive imposed by section 7(2)﻿(e)
7: If a child or young person has more than 1 existing guardian, or more than 1 special guardian, this section and any other applicable sections must be applied with all necessary modifications to each existing guardian and each special guardian. Section 113B inserted 30 June 2016 section 22 Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 113B(2)﻿(a) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 113B(2)﻿(a) amended 17 December 2016 section 13 Statutes Amendment Act 2016 Section 113B(5)﻿(a) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016
114: Effect of guardianship order
1: Where the court makes an order under section 110
a: that person shall be a guardian of that child or young person as if that person had been appointed under section 27
b: if the child or young person is, at the time of the making of the order, under the guardianship of the court under an order made under the Care of Children Act 2004 section 110 section 117(2)
2: Where the court makes an order under section 110
a: except to the extent that they are preserved by any other order made under this Act, all of the rights, powers and duties of every other person who is the guardian of that child or young person, or who may become a guardian during the time when the person appointed under that section is the guardian, shall be suspended and shall have no effect; and
b: for the purposes of section 92
i: the order constitutes an order about the role of providing day-to-day care for the child or young person; and
ii: the person in whose custody the child or young person is placed is a person who, under the order, has the role of providing day-to-day care for the child or young person; and
c: subject to any custody order made by the court under section 101 sections 104 to 107 1974 No 72 s 49(1) 1983 No 129 s 13 Section 114(1)﻿(a) amended 1 July 2005 section 151 Care of Children Act 2004 Section 114(1)﻿(b) replaced 3 June 1998 Guardianship Amendment Act 1998 Section 114(1)﻿(b) amended 1 July 2005 section 151 Care of Children Act 2004 Section 114(2)﻿(b) replaced 1 July 2005 section 151 Care of Children Act 2004
115: Disputes between guardians
Where—
a: pursuant to section 110
b: those guardians are unable to agree on any matter concerning the exercise of their guardianship,— any of those guardians may apply to the court for its direction, and the court may make such order relating to the matter as it thinks fit. 1968 No 63 s 13
116: Review of guardian's decision or refusal to give consent
1: For the purposes of this section young person
2: Where—
a: a young person is affected by a decision or by a refusal of consent by a guardian appointed under section 110 113A
b: that decision or refusal of consent is in respect of an important matter,— that young person may apply to the court for a review of that decision or refusal.
3: Where an application is made under this section in respect of a decision or refusal, the court may, if it thinks it reasonable in the circumstances to do so, review the decision or refusal and make such order in respect of that decision or refusal as it thinks fit.
4: Any consent given by the court pursuant to this section shall have the same effect as if it had been given by the guardian.
5: 1968 No 63 s 14 1971 No 149 s 3 Section 116(2)﻿(a) amended 17 December 2022 section 16 Oranga Tamariki Amendment Act 2022 Section 116(5) repealed 14 August 2018 section 36 Minors (Court Consent to Relationships) Legislation Act 2018
117: When guardianship orders to cease to have effect
1: Every guardianship order made under section 110
a: the young person to whom it relates attains the age of 20 years or sooner marries or enters into a civil union
b: the child or young person to whom it relates is adopted by any person other than its parents— whichever occurs first.
2: A guardianship order made under section 110 section 31
a: orders that the child or young person to whom the order relates be placed under the guardianship of the court under that Act; or
b: orders that the child or young person must continue to be under the guardianship of the court, if the child or young person was under the guardianship of the court at the time of the making of the order under section 110
3: Subsection (2) does not apply if the court making an order under that subsection orders that a guardianship order under section 110 1974 No 72 s 49(7), (8) 1983 No 129 s 13 Section 117(1)﻿(a) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 117(2) replaced 3 June 1998 Guardianship Amendment Act 1998 Section 117(2) amended 1 July 2005 section 151 Care of Children Act 2004 Section 117(3) replaced 3 June 1998 Guardianship Amendment Act 1998
118: Reversion of guardianship on expiry or discharge of guardianship order
Where an order made under section 110 Adoption Act 1955 1974 No 72 s 49(9) 1983 No 129 s 13
119: Guardianship of child or young person on death of person appointed as guardian under this Act
On the death of any person (being a person referred to in subsection (1)﻿(e) of section 110
a: where an iwi social service or a cultural social service was the sole guardian of the child or young person immediately before that person's appointment, in that iwi social service or cultural social service as if that social service had been appointed the sole guardian of the child or young person:
b: in any other case, in the chief executive chief executive Section 119(a) replaced 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994 Section 119(b) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Effect of custody and guardianship orders on jurisdiction under Care of Children Act 2004 Heading amended 1 July 2005 section 151 Care of Children Act 2004
120: Restriction on making of guardianship
and parenting orders under Care of Children Act 2004
1: If a child or young person is subject to an order made under section 78 section 101 section 110 Care of Children Act 2004
a: an order in respect of the guardianship of that child or young person; and
b: an order about the role of providing day-to-day care for that child or young person; and
c: an order for contact with that child or young person.
1A: Subsection (1) is subject to subsection (2) and section 117(2)
2: Nothing in subsection (1) affects the power of a court having jurisdiction under section 31 section 78 section 101 Section 120 heading amended 1 July 2005 section 151 Care of Children Act 2004 Section 120(1) replaced 1 July 2005 section 151 Care of Children Act 2004 Section 120(1A) inserted 1 July 2005 section 151 Care of Children Act 2004 Section 120(2) replaced 3 June 1998 Guardianship Amendment Act 1998 Section 120(2) amended 1 July 2005 section 151 Care of Children Act 2004 Access and exercise of other rights
121: Court may make orders for access and exercise of other rights by parents and other persons
1: Where an application is made to the court under section 44
2: Where the court—
a: makes an order under section 78
b: makes a custody order or an interim custody order under section 101
c: makes an order under section 110 110AA
ca: it may, on making the order, or at any time after making the order, on application made by any parent of the child or young person or any other person, make an order—
d: granting access to that child or young person to that parent or other person:
e: conferring on that parent or other person such rights in relation to the child or young person as it thinks fit.
3: Any order made under subsection (1) or subsection (2) may be made on such terms and conditions as the court thinks fit. Section 121(2)﻿(a) amended 1 July 2019 section 67(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 121(2)﻿(c) replaced 17 December 2022 section 17 Oranga Tamariki Amendment Act 2022 Section 121(2)﻿(ca) repealed 17 December 2022 section 17 Oranga Tamariki Amendment Act 2022
122: Enforcement of access rights
1: The court may at any time, on the application of any person entitled to access to a child or young person under an order made under section 121 the chief executive constable that child or young person
1A: The function of executing a warrant issued in the name of the chief executive may be performed by a social worker or any other person authorised under a delegation to carry out that function ( see section 7C
2: The power conferred on the court by subsection (1) may, if the court thinks fit, be exercised on the making of the order.
3: Where, pursuant to this section, the court declines to enforce a right of access under an order made under section 121 1968 No 63 s 19(2), (3), (8) 1979 No 52 s 3(1) 1980 No 95 s 9(c) Section 122(1) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 122(1) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 122(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 122(1A) inserted 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016
123: Power of entry
For the purpose of executing any warrant issued under section 122 delegate of the chief executive constable 1968 No 63 s 19(4) Section 123 amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 123 amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
124: Person executing warrant to produce evidence of authority and identity
Section 124 repealed 2 September 1996 Children, Young Persons, and Their Families Amendment Act 1996 Variation and discharge of orders
125: Application for variation or discharge of orders made under this Part
1: Any 1 or more of the persons specified in section 126
a: an order made under section 78
b: an order made under section 83(1)﻿(c)
c: an order made under section 84(1)﻿(b)
d: any services order or interim services order made under section 86 section 86A
e: any restraining order or interim restraining order made under section 87 section 88
f: any custody order or interim custody order made under section 101
g: any guardianship order made under section 110 or an interim guardianship order made under section 110AA
ga: any special guardianship order made under section 113A
h: any order made under section 121
1A: Leave of the court must be obtained before an application is made for the variation or discharge of a special guardianship order made under section 113A
a: the application is made by the chief executive,
b: all parties to the proposed application agree to the making of the application.
1B: Leave may be given for the purpose of subsection (1A) only if—
a: in the case of an application for discharge, there has been a significant change in the circumstances of the child or young person to whom the order relates; and
b: in the case of an application for variation, there has been a significant change in the circumstances of the child or young person to whom the order relates, or in the circumstances of their
2: Any 1 or more of the persons specified in section 126 section 91 section 92 1974 No 72 s 64 Section 125(1)﻿(a) amended 1 July 2019 section 68(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 125(1)﻿(d) replaced 8 January 1995 section 16(2) Children, Young Persons, and Their Families Amendment Act 1994 Section 125(1)﻿(g) amended 1 July 2019 section 68(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 125(1)﻿(ga) inserted 30 June 2016 section 23(1) Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 125(1A) inserted 30 June 2016 section 23(2) Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 125(1A)﻿(a) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 125(1B) inserted 30 June 2016 section 23(2) Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 125(1B)﻿(b) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
126: Persons who may apply for variation or discharge of order
The following persons may make an application under section 125
a: the child or young person in respect of whom the order was made:
b: any parent or guardian of that child or young person:
c: any barrister or solicitor representing the child or young person:
d: any near relative of that child or young person:
e: any member of that child's or young person's whanau or family group:
f: any person on whom the application for a care or protection order has been served in accordance with section 152
g: the chief executive
h: the director of any child and family support service:
i: any iwi social service or cultural social service:
j: in respect of an order made under section 83(1)﻿(c)
k: in respect of any services order or interim services order made under section 86 section 86A
l: in respect of any restraining order or interim restraining order made under section 87 section 88
m: in respect of any support order or interim support order made under section 91 section 92
n: in respect of any custody order or interim custody order made under section 101 section 78
o: with the leave of the court, any other person. Section 126(f) replaced 17 December 2022 section 18 Oranga Tamariki Amendment Act 2022 Section 126(g) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 126(i) replaced 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994 Section 126(k) replaced 8 January 1995 section 17 Children, Young Persons, and Their Families Amendment Act 1994
126A: Court may direct holding of family group conference to consider application
1: Where an application is made under section 125
2: The provisions of sections 20 to 36 Section 126A inserted 8 January 1995 section 18 Children, Young Persons, and Their Families Amendment Act 1994
127: Court may vary or discharge order
1: On the hearing of any application under section 125(1)
a: vary the order in such manner as it thinks fit:
b: discharge the order:
c: discharge the order and substitute any other order referred to in section 83(1) section 84(1)
ca: make any order referred to in section 83(1) section 84(1)
d: vary any condition of the order in such manner as it thinks fit:
e: discharge any condition of the order:
f: discharge any condition of the order and substitute any condition that could have been imposed when the order was first made:
g: impose a further condition of the order.
2: On the hearing of any application under section 125(2) section 91 section 92
a: vary the order in such manner as it thinks fit:
b: suspend the order for such period as may be specified:
c: discharge the order:
d: discharge the order and substitute any other order referred to in section 83(1) section 84(1)
da: make any order referred to in section 83(1) section 84(1)
e: vary any condition of the order in such manner as it thinks fit:
f: suspend any condition of the order for such period as may be specified:
g: discharge any condition of the order:
h: discharge any condition of the order and substitute any condition that could have been imposed when the order was first made:
i: impose a further condition of the order.
2A: Despite subsections (1) and (2), the court may not, under either of those subsections, vary an interim order to make it a final order unless the court decides that the child or young person is in need of care or protection.
3: Where the court makes any order under this section, the court may, where it considers it necessary or desirable to do so, make such order under section 134 1974 No 72 s 64 Section 127(1)﻿(ca) inserted 8 January 1995 section 19(1) Children, Young Persons, and Their Families Amendment Act 1994 Section 127(2)﻿(da) inserted 8 January 1995 section 19(2) Children, Young Persons, and Their Families Amendment Act 1994 Section 127(2A) inserted 1 July 2019 section 69 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 127(3) replaced 8 January 1995 section 19(3) Children, Young Persons, and Their Families Amendment Act 1994 Plans for children and young persons
128: Court to obtain and consider plan for child or young person before making certain orders
1: Where the court proposes to make any 1 or more of the orders specified in subsection (2) in respect of any child or young person, the court shall, before making any such order, obtain, in relation to that child or young person, a plan prepared in accordance with sections 129 130
2: The orders referred to in subsection (1) are as follows:
a: a services order under section 86
b: a support order under section 91
c: an order (other than an interim order) under section 101
d: an order under section 110
e: a special guardianship order under section 113A
2A: An applicant for an order may prepare a plan, that the court is required to obtain to make the order, and file it in accordance with subsection (3A) without a direction from the court.
3: Where, pursuant to subsection (1), the court is required to obtain a plan in relation to a child or young person, that plan shall be prepared notwithstanding that a plan prepared pursuant to this section is already in force in relation to that child or young person, and on the preparation of that plan any plan already in force in relation to the child or young person shall cease to be in force.
3A: A plan prepared under subsection (1) or (2A) must be filed with the court not later than 10 working days before the date set for the hearing to determine whether an order specified in subsection (2) should be made.
4: Notwithstanding anything in subsection (1), where—
a: the court proposes to make an order in respect of a child or young person; and
b: but for this subsection, the court would be required, pursuant to subsection (1), to obtain a plan in respect of the order; and
c: the making of the order would be in accordance with a decision, recommendation, or plan made or formulated by a family group conference; and
d: that conference has already formulated, in respect of the child or young person, a plan that complies with the requirements of section 130
e: either—
i: that plan was prepared in consultation with the chief executive
ii: the chief executive the court may treat that plan as a plan obtained by the court pursuant to subsection (1), and that subsection and the other provisions of this Act that relate to plans obtained pursuant to that subsection shall apply accordingly as if the plan had been prepared by the chief executive Section 128(2)﻿(a) amended 8 January 1995 section 20(1) Children, Young Persons, and Their Families Amendment Act 1994 Section 128(2)﻿(e) inserted 30 June 2016 section 24 Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 128(2A) inserted 1 July 2019 section 70(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 128(3A) inserted 1 July 2019 section 70(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 128(4) inserted 8 January 1995 section 20(2) Children, Young Persons, and Their Families Amendment Act 1994 Section 128(4) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 128(4)﻿(e)﻿(i) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 128(4)﻿(e)﻿(i) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 128(4)﻿(e)﻿(ii) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
129: Court to direct who is to prepare plan
1: Where, pursuant to section 128 the plan must be prepared by the applicant for the order, or any other person that the court directs
1A: Where—
a: a person prepares a plan; and
b: that person is not the chief executive (acting through the chief executive’s
c: that plan has any implications for the chief executive the plan shall be of no effect unless it has been prepared in consultation with the chief executive the chief executive’s
1B: For the purposes of subsection (1A), a plan has implications for the chief executive
a: the chief executive section 86
b: the chief executive section 91
c: a child or young person be placed in the custody or care of the chief executive
d: the chief executive
e: a child or young person receive counselling or other services under this Act, where that counselling or those services would be provided at the department's expense; or
f: either—
i: a child or young person be placed in the custody or care of any person or organisation; or
ii: any person or organisation be appointed as the sole guardian, or as an additional guardian, of a child or young person,— and that the chief executive
g: any order (whether a services order under section 86 section 91 chief executive
2: Where the court considers that any plan prepared pursuant to section 128 Section 129(1) amended 1 July 2019 section 71(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 129(1A) inserted 8 January 1995 section 21 Children, Young Persons, and Their Families Amendment Act 1994 Section 129(1A) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 129(1A) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 129(1A)﻿(a) replaced 1 July 2019 section 71(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 129(1A)﻿(b) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 129(1A)﻿(b) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 129(1A)﻿(c) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 129(1B) inserted 8 January 1995 section 21 Children, Young Persons, and Their Families Amendment Act 1994 Section 129(1B) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 129(1B)﻿(a) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 129(1B)﻿(b) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 129(1B)﻿(c) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 129(1B)﻿(d) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 129(1B)﻿(f) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 129(1B)﻿(g) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
130: Content of plans
1: Every plan prepared pursuant to section 128
a: specify the objectives sought to be achieved for that child or young person, and the period within which those objectives should be achieved:
b: contain details of the services and assistance to be provided for that child or young person and for any parent or guardian or other person having the care of the child or young person:
c: specify the persons or organisations who will provide such services and assistance:
d: state the responsibilities and personal objectives of the child or young person:
e: state the responsibilities and personal objectives of any parent, guardian, or other person who, under the plan, will have the care of the child or young person:
ea: set out the following:
i: the responsibilities and personal objectives of any parent, guardian, or other person who, under the plan, will not have the care of the child or young person, but who had the care of the child or young person previously and wishes to have the child or young person returned to that person’s
ii: the steps that each such parent, guardian, or other person must take, or the behavioural changes each must make, before the child or young person can be returned to that person’s
iii: the time frames within which those steps or changes must be taken or made:
iv: the time within which a decision will be made about whether to return the child or young person to the care of any parent, guardian, or other person:
f: contain such other matters relating to the education, employment, recreation, and well-being
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 realistic possibility that the child or young person will be returned to the care of a parent, guardian, or other person referred to in subsection (1)﻿(ea)﻿(i), or if the plan relates only to a services order under section 86 section 91
3: 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 (unless the plan relates only to a services order or a support order). Section 130(1)﻿(d) replaced 30 June 2016 section 25(1) Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 130(1)﻿(e) replaced 30 June 2016 section 25(1) Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 130(1)﻿(ea) inserted 30 June 2016 section 25(1) Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 130(1)﻿(ea)﻿(i) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 130(1)﻿(ea)﻿(ii) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 130(1)﻿(f) amended 1 July 2019 section 72 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 130(2) inserted 30 June 2016 section 25(2) Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 130(3) inserted 30 June 2016 section 25(2) Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014
131: Adjournment for purposes of obtaining plan
1: Any adjournment for the purposes of obtaining a plan pursuant to section 128
2: If any proceedings are adjourned for the purposes of obtaining any plan under section 128 Section 131(2) replaced 1 July 2019 section 73 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
132: Access to plans
1: Subject to section 133 section 128
a: to every person entitled to appear and be heard on the application to which the plan relates and to any barrister or solicitor appearing for that person:
b: to any lay advocate, barrister or solicitor, or other person representing the child or young person to whom the application relates or a parent or guardian or other person usually having the care of the child or young person:
c: to the chief executive
d: to any other person whom the court considers has a proper interest in receiving a copy of the plan.
2: Every such copy shall, wherever possible, be supplied not later than 5 working days Section 132(1)﻿(c) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 132(2) amended 1 July 2019 section 74 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
133: Court may order plan not to be disclosed
The court may order that the whole or any part of a plan given to any person pursuant to section 132(1)
134: Court to set date for review of plan
1: Where a plan is prepared pursuant to section 128
2: The date fixed pursuant to subsection (1) on the making of an order shall be,—
a: where the order is made in respect of a child
b: in any other case, not later than 12 months from the date of the making of the order.
3: The court shall not fix a date pursuant to subsection (1) that is later than the date on which any order made, or proposed to be made, pursuant to this Part in respect of the child or young person is to expire.
4: On fixing a date pursuant to subsection (1), the court may also direct who is to review the plan pursuant to section 135
5: The court may at any time, on the application of any party to the proceedings, or a barrister or solicitor representing the child or young person, or of its own motion, amend any direction made or deemed to have been made under subsection (4), or revoke any such direction and substitute another direction. Section 134(2)﻿(a) amended 1 November 1989 Children, Young Persons, and Their Families Amendment Act 1989 Section 134(4) inserted 8 January 1995 section 22(1) Children, Young Persons, and Their Families Amendment Act 1994 Section 134(5) inserted 8 January 1995 section 22(1) Children, Young Persons, and Their Families Amendment Act 1994
135: Review of plan
1: Subject to section 127(3) section 134 section 128 section 134
2: Section 130 section 128
3: Every report furnished to the court pursuant to subsection (1) in respect of the review of a plan shall—
a: state which of the objectives set out in the plan have been achieved and which of those objectives are yet to be achieved:
b: state, in respect of those objectives that are yet to be achieved, what action is required to achieve those objectives:
c: state, in respect of any order made by the court under this Part in relation to the child or young person to whom the plan relates, whether that order should continue in force, or be varied, suspended, or discharged, and whether any condition of that order should be continued in force, or be varied, suspended, or discharged, and the reasons for those recommendations:
d: state whether the court should make any other order under this Part in relation to that child or young person, and the reasons for that recommendation:
e: state, in respect of those persons who were required to be given a copy of the plan pursuant to section 132
f: contain the matters referred to in section 186(2A)
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
b: may convene a family group conference if the plan relates only to a services order.
5: The provisions of sections 20 to 36 Section 135(1) replaced 8 January 1995 section 23(1) Children, Young Persons, and Their Families Amendment Act 1994 Section 135(3)﻿(f) inserted 14 July 2017 section 75 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 135(4) replaced 30 June 2016 section 26 Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 135(5) inserted 8 January 1995 section 23(2) Children, Young Persons, and Their Families Amendment Act 1994
136: Access to reports and revised plans
The provisions of sections 132 133 section 135
137: Court to consider report and make directions
1: Where a report is furnished to the court pursuant to section 135
a: in relation to any order that is in force under this Part and that relates to that child or young person,—
i: make any order under section 127 section 125
ii: direct any person to make an application under section 125
b: make, in respect of that child or young person, any order referred to in section 83(1) section 84(1)
c: direct a care and protection co-ordinator to convene a family group conference for the purpose of considering such matters relating to that child or young person as the court may specify:
d: require any person to appear before the court for the purpose of being examined as to any matter relating to, or arising out of,—
i: the plan prepared pursuant to section 128
ii: the report furnished under section 135
iii: the revised plan accompanying that report:
e: where the court considers that the report furnished under section 135
f: make any order that it is empowered to make under section 178 section 181 section 186 section 187 care or protection order sections 179 180 182 183 184 185 sections 188 to 194
1A: When considering the report and revised plan, the court may, but need not, give to any person the opportunity to be heard.
2: The provisions of section 199
3: The court shall not make any order under paragraph (a)﻿(i) or paragraph (b) of subsection (1) unless—
a: the report furnished to the court under section 135
b: a family group conference recommends that the order be made.
4: Nothing in section 128
5: Where a report is furnished to the court pursuant to section 135 section 108(c) to (e) section 117 Section 137(1) amended 31 March 2014 section 4(1) Children, Young Persons, and Their Families Amendment Act 2013 Section 137(1)﻿(f) amended 17 December 2022 section 19 Oranga Tamariki Amendment Act 2022 Section 137(1A) inserted 31 March 2014 section 4(2) Children, Young Persons, and Their Families Amendment Act 2013
138: Court to set date for further review of plan
1: After considering a report furnished pursuant to section 135 section 137 section 128(2)
2: Section 134
a: the fixing of a date for the review of a revised plan; and
b: the person who is to review a revised plan.
3: Where, pursuant to subsection (1), the court fixes a date for the review of a revised plan, this section and sections 135 to 137 section 128 Section 138(2) replaced 8 January 1995 section 24 Children, Young Persons, and Their Families Amendment Act 1994 Agreements for care of children and young persons
139: Agreements for temporary care of children and young persons by
chief executive
1: Subject to this section, any parent or guardian or other person having the care of a child or young person who is temporarily unable or unwilling to care for the child or young person may,—
a: with the agreement of the chief executive chief executive
b: with the agreement of an iwi social service or a cultural social service, place the child or young person in the care of that social service for a period not exceeding 28 days; or
c: with the agreement of the director of a child and family support service, place the child or young person in the care of the director for a period not exceeding 28 days.
2: If the parent or guardian or other person having the care of the child or young person is, or will be, unable to resume the care of the child or young person at the end of the period during which the child or young person is in the care of any person pursuant to subsection (1), the period may, with the agreement of that person, be extended for one further period of up to 28 days. Section 139 replaced 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994 Section 139 heading amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 139(1)﻿(a) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
140: Agreements for extended care of children and young persons by
chief executive
1: Subject to this section and to sections 143 to 145 section 147
a: with the agreement of the chief executive chief executive
b: with the agreement of an iwi social service or a cultural social service, place the child or young person in the care of that social service for a period of more than 28 days; or
c: with the agreement of the director of a child and family support service, place the child or young person in the care of the director for a period of more than 28 days ; or
d: with the agreement of any person referred to in paragraphs (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 achieve independence.
2: No agreement may be made under subsection (1)﻿(a) to (c)
a: in the case of a child who is under 7 years of age, 6 months:
b: in the case of any other child or any young person, 12 months.
3: An agreement made under subsection (1)﻿(d) may be entered into for any period of up to 12 months and may, if approved by a family group conference Section 140 replaced 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994 Section 140 heading amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 140(1)﻿(a) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 140(1)﻿(c) amended 30 June 2016 section 27(1) Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 140(1)﻿(d) inserted 30 June 2016 section 27(2) Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 140(2) amended 30 June 2016 section 27(3) Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 140(3) inserted 30 June 2016 section 27(4) Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 140(3) amended 17 December 2016 section 14 Statutes Amendment Act 2016
141: Agreements for extended care of severely disabled children and young persons
Section 141 repealed 1 July 2019 section 76 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
142: Agreements with persons providing residential disability care
Section 142 repealed 1 July 2019 section 76 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
143: All parents or guardians not required to be party to agreement
Where a parent or guardian or person having the care of a child or young person—
a: consents in writing to the making of the agreement; or
b: cannot after reasonable enquiries be found; or
c: is incapable of entering into the agreement,— an agreement may be made under section 140 Section 143 amended 1 July 2019 section 77 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
144: Agreement not to be made without consent of child or young person
1: No agreement may be made under section 140
a: the child or young person consents to the making of the agreement; and
b: the consent is recorded.
2:
3: Before an agreement is entered into under section 140 1974 No 72 s 11(2) Section 144(1) replaced 17 December 2022 section 20 Oranga Tamariki Amendment Act 2022 Section 144(2) repealed 1 July 2019 section 78(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 144(3) amended 1 July 2019 section 78(3) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
145: Agreement not to be made
, extended, or terminated
1: No agreement may be made under section 140
a: a family group conference is held to consider whether such an agreement should be made; and
b:
c: the family group conference approves the making of the agreement; and
d: a care and protection co-ordinator (or if section 261
i: in all cases, that the requirements of paragraphs (a) and (c) have been complied with; and
ii:
iii: in all cases, that the co-ordinator is satisfied that, having regard to the purposes sections 4 4A(1) 5 13
2: A care and protection co-ordinator must convene or reconvene a family group conference if it is proposed that—
a: an agreement be entered into under section 140(1)
b: an agreement entered into under section 140(1)﻿(d)
c: an agreement entered into under section 140(1)﻿(d) section 146(1)﻿(c)
3: If a family group conference has been convened or reconvened other than under subsection (2) in relation to a child or young person, the conference may consider a proposal referred to in subsection (2) concerning the child or young person as if the conference had been convened or reconvened under that subsection.
4: To the extent that they are relevant, sections 20 to 36 Section 145 heading amended 17 December 2016 section 15(1) Statutes Amendment Act 2016 Section 145(1) amended 1 July 2019 section 79(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 145(1)﻿(b) repealed 1 July 2019 section 79(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 145(1)﻿(c) replaced 1 July 2014 section 29(1) Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 145(1)﻿(d) inserted 1 July 2014 section 29(1) Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 145(1)﻿(d) amended 14 July 2017 section 79(3) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 145(1)﻿(d)﻿(ii) repealed 1 July 2019 section 79(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 145(1)﻿(d)﻿(iii) amended 1 July 2019 section 79(4) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 145(1)﻿(d)﻿(iii) amended 1 July 2019 section 79(5) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 145(2) replaced 17 December 2016 section 15(2) Statutes Amendment Act 2016 Section 145(2)﻿(a) amended 1 July 2019 section 79(6) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 145(2)﻿(b) amended 1 July 2019 section 79(6) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 145(2)﻿(c) amended 1 July 2019 section 79(6) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 145(3) replaced 17 December 2016 section 15(2) Statutes Amendment Act 2016 Section 145(4) inserted 17 December 2016 section 15(2) Statutes Amendment Act 2016
146: Form and terms of agreements
1: Every agreement entered into under section 140
a: be in writing:
b: specify the term of the agreement:
c: specify the manner in which it may be terminated and, unless so specified, shall provide that the agreement may be terminated by either party on giving 7 days notice in writing:
d: contain provisions relating to the care and control of the child or young person during the term of the agreement, including, but not limited to, provisions relating to—
i: the educational, social, cultural, and religious needs of the child or young person:
ii: a programme for the provision of services and assistance for the benefit of the child or young person:
iii: the rights and obligations of the parents or guardians towards the child or young person:
iv: access to the child or young person by the parents or guardians or any other person.
2: Notwithstanding anything in subsection (1)﻿(c), an agreement entered into under section 140 Section 146(1) amended 1 July 2019 section 80(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 146(2) amended 1 July 2019 section 80(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
147: Further restrictions on making of agreements
1: No agreement relating to a child or young person shall be entered into under section 140(1)﻿(a) to (c) chief executive iwi social service or a cultural social service
2: No agreement relating to a child or young person shall be entered into under section 140(1)﻿(a) to (c) chief executive iwi social service or a cultural social service a residential disability care operator within the meaning of section 58(4) Section 147(1) amended 30 June 2016 section 30(1) Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 147(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 147(1) amended 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994 Section 147(2) amended 1 July 2019 section 81 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 147(2) amended 30 June 2016 section 30(2) Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 147(2) amended 1 October 2002 section 58(1) Health and Disability Services (Safety) Act 2001 Section 147(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 147(2) amended 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994
148: Effect of agreements
Where a child or young person is placed in the care of any person pursuant to an agreement under section 139 section 140 section 101 1974 No 72 s 11(3) Section 148 amended 1 July 2019 section 82 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
149: Agreement may provide for consent to medical treatment
Any agreement entered into under section 139 section 140 section 36(3) Section 149 amended 1 July 2019 section 83 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 149 amended 1 July 2005 section 151 Care of Children Act 2004
3: Provisions relating to procedure in respect of proceedings under Parts 2 and 3A
Part 3 heading replaced 1 November 1999 section 6 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 Courts having jurisdiction under Parts 2 and 3A Heading replaced 1 November 1999 section 6 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999
150: Jurisdiction of
Family Court Subject to sections 151 341 Part 2 or Part 3A the Family Court 1974 No 72 s 25(1) Section 150 heading amended 1 March 2017 section 261 District Court Act 2016 Section 150 amended 1 March 2017 section 261 District Court Act 2016 Section 150 amended 1 November 1999 section 6 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999
151: Jurisdiction of
District Court The following proceedings may be heard and determined in the District Court the Family Court
a: an application under section 44
b: any proceedings under section 45
c: an application under section 78
d: an application under section 88 Section 151 heading amended 1 March 2017 section 261 District Court Act 2016 Section 151 amended 1 March 2017 section 261 District Court Act 2016 Service of applications
152: Service of application for
care or protection order
1: Subject to section 155 care or protection order of court
a: each parent or guardian of the child or young person:
b: if the child or young person is not residing with any of their
c: if the child or young person is in the custody or under the guardianship of the chief executive principal manager of the department for the area
d: if the child or young person is in the custody or under the guardianship of an iwi social service or a cultural social service, that social service:
e: if the child or young person is in the custody of the director of a child and family support service, that director:
f: any other person specified by the court.
2: Any person served with proceedings under subsection (1) shall be entitled to appear and be heard as a party to the proceedings. 1974 No 72 s 27(4)–(6) Section 152 heading amended 1 July 2019 section 84(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 152(1) amended 1 July 2019 section 84(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 152(1) amended 13 September 2002 section 6 Family Courts Amendment Act 2000 Section 152(1)﻿(b) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 152(1)﻿(c) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 152(1)﻿(d) replaced 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994
153: Notice of application for
care or protection order Where an application is made for a care or protection order Section 153 heading amended 1 July 2019 section 85(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 153 amended 1 July 2019 section 85(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
154: Service of application for variation or discharge of order
1: Subject to section 155 section 125 of court
a: every person who would have been entitled, under section 126(b), (c), (j), (k), (l), (m), or (n) section 125
b: the applicant for a care or protection order in respect of which the order was made:
c: the chief executive
d: any other person specified by the court.
2: Any person served with proceedings under subsection (1) shall be entitled to appear and be heard as a party to the proceedings. Section 154(1) amended 13 September 2002 section 6 Family Courts Amendment Act 2000 Section 154(1)﻿(b) replaced 1 July 2019 section 86 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 154(1)﻿(c) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
155: Court may dispense with service
Where any person cannot be served with an application in accordance with section 152 section 154 Attendance of parties at hearing
156: Court may require party to attend hearing
1: Where the court considers that the presence of any person required to be served with an application under section 152 section 154 or section 207L section 207R a form prescribed by rules of court
2: In any case where a summons under this section has been served on any person, a Family Court Judge may, if the person to whom the summons is issued does not appear to answer to it, direct the issue of a warrant to arrest that person and bring that person before the court.
3: Every person commits an offence and is liable on 1974 No 72 s 27(6), (8)–(11) Section 156(1) amended 13 September 2002 section 6 Family Courts Amendment Act 2000 Section 156(1) amended 1 November 1999 section 6 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 Section 156(3) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011
157: Court may require child or young person to attend hearing
1: Where the court considers that the presence of the child or young person in respect of whom any application is made under Part 2 or Part 3A a form prescribed by rules of court
2: In any case where a summons under this section has been served on any person, a Family Court Judge may, if the child or young person in respect of whom the summons is issued does not appear at the hearing when required to do so, issue a warrant authorising the chief executive constable the child or young person
2A: The function of executing a warrant issued in the name of the chief executive may be performed by a social worker or any other person authorised under a delegation to carry out that function ( see section 7C
3: Section 123 section 122
4: Every person commits an offence and is liable on 1974 No 72 s 27(6) Section 157(1) amended 13 September 2002 section 6 Family Courts Amendment Act 2000 Section 157(1) amended 1 November 1999 section 6 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 Section 157(2) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 157(2) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 157(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 157(2A) inserted 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 157(3) amended 2 September 1996 Children, Young Persons, and Their Families Amendment Act 1996 Section 157(4) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Joint hearings
158: Applications may be heard together
1: The court may hear and determine an application for a care or protection order section 125 Part 2 or an application under Part 3A Adoption Act 1955 Care of Children Act 2004 Family Proceedings Act 1980 Family Violence Act 2018
2:
3: 1980 No 94 s 160(2) Section 158(1) amended 1 July 2019 section 259(1) Family Violence Act 2018 Section 158(1) amended 1 July 2019 section 87(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 158(1) amended 1 July 2005 section 151 Care of Children Act 2004 Section 158(1) amended 1 November 1999 section 6 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 Section 158(2) repealed 17 December 2022 section 21 Oranga Tamariki Amendment Act 2022 Section 158(3) repealed 17 December 2022 section 21 Oranga Tamariki Amendment Act 2022 Appointment of persons to represent child or young person or assist court
159: Appointment of lawyer to represent child or young person in proceedings
1: Where a child or young person who is the subject of any proceedings under Part 2 Part 3A lawyer lawyer
a: in those proceedings:
b: for any other specified purpose (including in relation to other proceedings under this Act or any other Act) considered desirable.
2: Where a court or a Registrar appoints a lawyer lawyer
3: Although the proceedings in respect of which any lawyer
a: extend the lawyer’s
b: subject to subsection (2), appoint any other lawyer
c: direct the Registrar of the court to do either of these things. 1974 No 72 s 29(3) 1977 No 126 s 8 1980 No 94 s 162(1), (2) Section 159 heading replaced 31 March 2014 section 5(1) Children, Young Persons, and Their Families Amendment Act 2013 Section 159(1) replaced 18 May 2009 section 4(1) Children, Young Persons, and Their Families Amendment Act 2008 Section 159(1) amended 31 March 2014 section 5(2) Children, Young Persons, and Their Families Amendment Act 2013 Section 159(2) amended 31 March 2014 section 5(2) Children, Young Persons, and Their Families Amendment Act 2013 Section 159(2) amended 18 May 2009 section 4(2) Children, Young Persons, and Their Families Amendment Act 2008 Section 159(3) replaced 18 May 2009 section 4(3) Children, Young Persons, and Their Families Amendment Act 2008 Section 159(3) amended 31 March 2014 section 5(2) Children, Young Persons, and Their Families Amendment Act 2013 Section 159(3)﻿(a) amended 31 March 2014 section 5(3) Children, Young Persons, and Their Families Amendment Act 2013 Section 159(3)﻿(b) amended 31 March 2014 section 5(2) Children, Young Persons, and Their Families Amendment Act 2013
160: Appointment of lawyer to assist court
In any proceedings in the Family Court Part 2 3A
a: appoint a lawyer to assist the court; or
b: direct the Registrar of the court to appoint a lawyer to assist the court. Section 160 replaced 31 March 2014 section 6 Children, Young Persons, and Their Families Amendment Act 2013 Section 160 amended 1 March 2017 section 261 District Court Act 2016
161: Further provisions relating to appointment under section 159 or 160
1: A lawyer appointed under section 159
a: must be served with all documents required to be served on the parties to the proceedings; and
b: may—
i: request the court to obtain any report that the court is empowered to obtain for the purposes of the proceedings:
ii: act on behalf of the child or young person in respect of any matter relating to the detention of that child or young person in secure care, or the care of that child or young person in a residence.
2: A lawyer appointed under section 160
a: must be served with all documents required to be served on the parties to the proceedings; and
b: may request the court to obtain any report that the court is empowered to obtain for the purposes of the proceedings. Section 161 replaced 31 March 2014 section 6 Children, Young Persons, and Their Families Amendment Act 2013
162: Payment of lawyer appointed under section 159 or 160
1: The fees and expenses of any lawyer appointed under section 159 160
a: be determined in accordance with regulations made under section 16D Family Court Act 1980 a Registrar
b: be paid in accordance with that determination out of public money appropriated by Parliament for the purpose.
2: An invoice for fees and expenses submitted for payment by a lawyer appointed under section 159 160
3: A lawyer who is dissatisfied with the decision of the Registrar as to the amount of the invoice may, within 14 days after the date of the decision, apply to a Family Court Judge to review the decision, and the Judge may on the application make any order varying or confirming the decision that the Judge considers fair and reasonable.
4: Where the fees and expenses of a lawyer appointed under section 159 160 the District Court Section 162 replaced 31 March 2014 section 7 Children, Young Persons, and Their Families Amendment Act 2013 Section 162(1)﻿(a) amended 8 September 2018 section 66(1) Statutes Amendment Act 2018 Section 162(1)﻿(a) amended 1 March 2017 section 261 District Court Act 2016 Section 162(2) replaced 8 September 2018 section 66(2) Statutes Amendment Act 2018 Section 162(4) amended 1 March 2017 section 261 District Court Act 2016
163: Appointment of lay advocate
1: The court may, at any stage of any proceedings under Part 2 or Part 3A
2: Where the court appoints a lay advocate under subsection (1), it shall, so far as practicable, appoint a person who has, by reason of personality, cultural background, knowledge, and experience, sufficient standing in the culture of the child or young person in respect of whom the appointment is to be made to enable that person to carry out their
3: The court may make an appointment under subsection (1) notwithstanding that the child or young person is represented in the proceedings by a barrister or solicitor.
4: Notwithstanding that the proceedings in respect of which any lay advocate was appointed under subsection (1) have been disposed of or that the appointment is no longer required for any other purpose specified by the court pursuant to that subsection, the court may, if the court is satisfied that it is necessary or desirable in the interests of the child or young person to do so,—
a: extend that lay advocate's appointment; or
b: make a further appointment under subsection (1) in respect of that child or young person— for such purpose as the court may specify. Section 163(1) amended 1 November 1999 section 6 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 Section 163(2) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
164: Further provisions relating to lay advocate
1: The principal functions of a lay advocate appointed under section 163
a: to ensure that the court is made aware of all cultural matters that are relevant to the proceedings:
b: to represent the interests of the child's or young person's whanau, hapu, and iwi (or their equivalents (if any) in the culture of the child or young person) to the extent that those interests are not otherwise represented in the proceedings.
2: A lay advocate appointed under section 163
a: shall be served with all documents required to be served on the parties to the proceedings; and
b: may—
i: call any person as a witness in the proceedings:
ii: cross-examine witnesses called by any party to the proceedings or by the court:
iii: request the court to obtain any report that the court is empowered to obtain for the purposes of the proceedings:
iv: attend any family group conference held in respect of the child or young person who is the subject of the proceedings, and make representations on behalf of the child or young person at any such conference:
v: make representations on behalf of the child or young person in respect of any matter relating to the detention of that child or young person in secure care, or the care of that child or young person in a residence.
165: Payment of lay advocate
1: The fees and expenses of a lay advocate appointed under section 163
a: be determined in accordance with regulations made under this Act or, if no such regulations are made, by the Registrar of the court; and
b: be paid out of a Crown Bank Account from money appropriated by Parliament for the purpose.
2: Notwithstanding subsection (1), the court may, if it thinks proper, order any party to the proceedings to refund to the Crown such amount as the court specifies in respect of any fees and expenses paid under that subsection, and the amount ordered to be refunded shall be a debt due to the Crown by that party and shall be recoverable accordingly in any court of competent jurisdiction. Section 165(1) replaced 17 December 2022 section 22 Oranga Tamariki Amendment Act 2022 Attendance at hearings and right to make representations
166: Persons entitled to be present at hearing of proceedings in Family Court
1: No person shall be present during the hearing of any proceedings in the Family Court Part 2 or Part 3A
a: officers of the court:
b: the parents or guardians or any other person having the care of the child or young person:
c: the child or young person:
d: any person who is a party to the proceedings:
e: any near relative of the child or young person:
f: any member of the child's or young person's whanau or family group:
g: where there is an appropriate iwi social service or cultural social service with respect to the child or young person, a representative of that social service:
h: any director of a child and family support service or a representative of any such person:
i: any barrister or solicitor representing—
i: any parent or guardian or other person having the care of the child or young person:
ii: the child or young person:
iii: any person who is a party to the proceedings:
j: any barrister or solicitor appointed under section 160
k: any care and protection co-ordinator:
l: the chief executive
m: any lay advocate who appears in support of the child or young person or any parent or guardian or other person having the care of the child or young person:
n: witnesses:
na: accredited news media reporters:
nb: persons whom the Judge permits to be present as support persons for—
i: the child or young person on a request by that child or young person:
ii: a party on a request by that party:
o: any person whom the Judge permits to be present.
2: The Judge must agree to a request under subsection (1)﻿(nb) unless the Judge considers there is a good reason why the named support persons should not be permitted to be present.
3: If, during the hearing, the Judge requests a person of any of the following kinds to leave the courtroom, the person must do so:
a: a witness:
b: an accredited news media reporter:
c: a support person whom the Judge permitted to be present under subsection (1)﻿(nb).
4: Nothing in this section limits any other power of the court—
a: to hear proceedings in private; or
b: to permit a McKenzie friend to be present; or
c: to exclude any person from the court. 1974 No 72 s 23 1980 No 94 s 159(2), (3) Section 166(1) amended 1 March 2017 section 261 District Court Act 2016 Section 166(1) amended 1 November 1999 section 6 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 Section 166(1)﻿(g) replaced 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994 Section 166(1)﻿(l) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 166(1)﻿(na) inserted 18 May 2009 section 6(1) Children, Young Persons, and Their Families Amendment Act 2008 Section 166(1)﻿(nb) inserted 18 May 2009 section 6(1) Children, Young Persons, and Their Families Amendment Act 2008 Section 166(2) replaced 18 May 2009 section 6(2) Children, Young Persons, and Their Families Amendment Act 2008 Section 166(3) inserted 18 May 2009 section 6(2) Children, Young Persons, and Their Families Amendment Act 2008 Section 166(4) inserted 18 May 2009 section 6(2) Children, Young Persons, and Their Families Amendment Act 2008
167: Child or young person may give evidence in private
In any proceedings in a court under Part 2 or Part 3A the Judge
a: require all or any of the following persons to withdraw from the court while the child or young person gives evidence:
i: any parent or guardian or other person having the care of the child or young person:
ii: any other person:
b: confer in private with the child or young person. 1974 No 72 s 30(4) Section 167 amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 167 amended 1 November 1999 section 6 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999
168: Other powers of court to hear proceedings in private or exclude persons not affected
Nothing in section 166(2) section 167 1980 No 94 s 159(5)
169: Right to make representations
1: In any proceedings before a court under Part 2 or Part 3A
a: the child or young person:
b: any barrister or solicitor who represents the child or young person:
c: any lay advocate who appears in support of the child or young person:
d: with the leave of the court, any other person.
2: Where any parent or guardian or other person having the care of a child or young person appears before a court as a party to any proceedings before that court under Part 2 or Part 3A
a: that parent or guardian or other person:
b: any barrister or solicitor who represents that parent or guardian or other person:
c: any lay advocate who appears in support of that parent or guardian or other person:
d: with the leave of the court, any other person. 1974 No 72 s 40(b), (c) 1983 No 129 s 9 Section 169(1) amended 1 November 1999 section 6 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 Section 169(2) amended 1 November 1999 section 6 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 Mediation conferences
170: Calling of mediation conference
1: Where an application is made to the court for a care or protection order section 14(1)﻿(e) Part 2 or Part 3A
a: the applicant:
b: the child or young person to whom the application relates:
c: any barrister or solicitor who represents that child or young person:
d: any other person upon whom the application has been served in accordance with section 152 section 154
2: On receiving a request under subsection (1), the Registrar shall—
a: appoint a time and place for the holding of the mediation conference, being as soon as reasonably practicable after the receipt of the request; and
b: give notice to each of the persons referred to in paragraphs (a) to (d) of subsection (1) of the time and place of the mediation conference, and request each of those persons to attend the conference. 1980 No 94 s 13 Section 170(1) amended 1 July 2019 section 88 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 170(1) amended 1 November 1999 section 6 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999
171: Objectives of mediation conference
The objectives of a mediation conference are—
a: to identify the problem in respect of which the exercise of the court's jurisdiction is sought; and
b: to reach agreement on a solution for the problem. 1988 No 4 s 67
172: Procedure at mediation conference
1: Every mediation conference shall be presided over by a Family Court Judge.
2: The following persons are entitled to be present at, and to participate in, a mediation conference:
a: the child or young person to whom the proceedings in respect of which the conference is held relate, unless, in the case of a child, the presiding Judge considers that the attendance of that child would be inappropriate:
b: the barrister or solicitor representing the child or young person:
c: any other person to whom the notice required by section 170(2)﻿(b)
d: subject to any direction by the presiding Judge to the contrary,—
i: any barrister or solicitor representing any parent or guardian or other person having the care of the child or young person who is the subject of the proceedings in respect of which the conference is held:
ii: any lay advocate who appears in support of that child or young person or any parent or guardian or other person having the care of that child or young person:
e: with the leave of the presiding Judge, any other person.
3: Subject to any direction by the presiding Judge to the contrary, every mediation conference shall be held in private.
4: The presiding Judge may from time to time adjourn a mediation conference to such time and place as the Judge may determine. 1988 No 4 s 68
173: Presiding Judge to make record of proceedings at mediation conference
1: Where, at a mediation conference, the parties to the proceedings in respect of which the conference is held reach agreement on the nature of the problem in respect of which the exercise of the court's jurisdiction is sought, and on the solution for that problem, the presiding Judge shall record in writing the terms of the agreement.
2: Where agreement is not reached on all matters, the presiding Judge shall record in writing those matters on which there is agreement and those matters on which there is no agreement.
3: In every case, the presiding Judge shall state in the record whether or not—
a: the child or young person who is the subject of the proceedings in respect of which the conference is held was present; and
b: that child or young person agreed to any matter referred to in subsection (1) or subsection (2) on which the parties reached agreement.
4: The record made by the presiding Judge under subsection (1) or subsection (2) shall be filed in the court in which the relevant application is filed. 1988 No 4 s 69
174: Power of presiding Judge to make consent orders
1: Subject to subsection (2), at a mediation conference the presiding Judge may, by consent of the parties, make any declaration or order that could have been made by the court in the proceedings in respect of which the conference was held.
2: Where the making of any order under this Act requires the consent of any person who is not a party to the proceedings, the presiding Judge shall not make that order under subsection (1) unless that person gives that consent.
3: An order made under this section shall for all purposes have the same effect as if it were made by consent in proceedings before the court. 1988 No 4 s 70
175: Power to require attendance at mediation conference
1: Where any person fails to comply with a request under section 170(2)﻿(b)
2: Section 159 1988 No 4 s 71 Section 175(2) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011
176: Privilege
1: No evidence shall be admissible in any court, or before any person acting judicially, of any information, statement, or admission disclosed or made to any person in the course of a mediation conference.
2: Nothing in subsection (1) applies to a record made by a Family Court Judge under section 173 section 174 1988 No 4 s 72
177: Presiding Judge may hear subsequent proceedings
The Family Court Judge who presides over a mediation conference shall be entitled to hear any subsequent proceedings under the application in respect of which the conference was held unless in all the circumstances the Judge decides, of that Judge's own motion or on application by any party,—
a: that it would be inappropriate for that Judge to do so; or
b: that there is some other sufficient reason for the application to be heard by another Judge. 1988 No 4 s 73 Reports
178: Medical, psychiatric, and psychological reports
1: If, at any stage of any proceedings under Part 2 or Part 3A
a: order the child or young person to attend for a medical, psychiatric, or psychological examination; or
b: where the child or young person is, or is to be, held in the custody of the chief executive
2: Subject to subsection (3) if, at any stage of any proceedings under Part 2 or Part 3A
3: The court shall not make an order under subsection (2) requiring any person to undergo any medical, psychiatric, or psychological examination unless that person consents to the making of that order.
4: Subject to the right of the person who refuses to consent to the order to explain the reasons for that person's refusal, and to cross-examine witnesses and call evidence, the court may draw such inferences (if any) from the fact of the refusal as appear to it to be proper in the circumstances. 1974 No 72 s 42A(1)–(2) 1977 No 126 s 13 Section 178(1) amended 1 November 1999 section 6 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 Section 178(1)﻿(b) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 178(2) amended 1 November 1999 section 6 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999
179: Further provisions relating to medical, psychiatric, and psychological examinations
1: Every medical examination carried out under subsection (1) or subsection (2) of section 178 health practitioner whom the court considers qualified for the purpose
2: Every psychiatric examination carried out under subsection (1) or subsection (2) of section 178 health practitioner
3: Every psychological examination carried out under subsection (1) or subsection (2) of section 178
a: a health practitioner
b: a registered psychologist; or
c: a person appointed by the court for the purpose, being a person whom the court is satisfied—
i: is entitled to practise as a psychologist, or in the speciality of psychological medicine or psychiatry, in that person's country of permanent residence; and
ii: has qualifications that, in the view of the appropriate registering body in New Zealand, are at least equivalent to those required of a person referred to in paragraph (a) or paragraph (b).
4: Every child or young person who is examined under section 178(1)
a: who is nominated for that purpose by that child or young person or, if the age or level of maturity of the child or young person makes it impracticable for that child or young person the chief executive
b: who consents to be present. 1974 No 72 s 42A(4) 1977 No 126 s 13 Section 179(1) amended 31 January 2018 section 11(1) Children, Young Persons, and Their Families Amendment Act (No 2) 2016 Section 179(2) replaced 1 July 1996 Medical Practitioners Act 1995 Section 179(2) amended 31 January 2018 section 11(2) Children, Young Persons, and Their Families Amendment Act (No 2) 2016 Section 179(3) replaced 8 January 1995 section 27 Children, Young Persons, and Their Families Amendment Act 1994 Section 179(3)﻿(a) replaced 1 July 1996 Medical Practitioners Act 1995 Section 179(3)﻿(a) amended 31 January 2018 section 11(3) Children, Young Persons, and Their Families Amendment Act (No 2) 2016 Section 179(4)﻿(a) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 179(4)﻿(a) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016
180: Fees for reports prepared under section 178
Where any person prepares a report pursuant to section 178 1968 No 63 s 29A(6) 1980 No 95 s 17
181: Court may order examination to be carried out in
1: If, at any stage of the hearing of any proceedings under Part 2
a: 2 health practitioners hospital
b: 2 psychiatric reports (whether obtained pursuant to section 178(1) hospital the court may, if it considers it expedient, make an order for the detention and examination of that child or young person in a hospital
2: Where an order is made under subsection (1), a Family Court Judge may, on application made at any time before the expiry of the period specified in the order, if the Judge hospital
3: The examination required by an order made under subsection (1) shall be carried out by a health practitioner
4: An order made under subsection (1) in respect of any child or young person is sufficient authority—
a: for the detention of the child or young person by the chief executive constable
b: for the transfer of the child or young person from a residence to a hospital
c: for the detention of the child or young person and examination in a hospital
d: for the return to any residence in which the child or young person was detained at the time of transfer to a hospital
5: The power to detain a child or young person may be exercised by a social worker or any other person authorised under a delegation by the chief executive to exercise that power ( see section 7C 1974 No 72 s 42A(3), (4) 1977 No 126 s 13 Section 181 heading amended 31 January 2018 section 12(1) Children, Young Persons, and Their Families Amendment Act (No 2) 2016 Section 181(1) amended 31 January 2018 section 12(3) Children, Young Persons, and Their Families Amendment Act (No 2) 2016 Section 181(1)﻿(a) amended 31 January 2018 section 12(2) Children, Young Persons, and Their Families Amendment Act (No 2) 2016 Section 181(1)﻿(a) amended 31 January 2018 section 12(3) Children, Young Persons, and Their Families Amendment Act (No 2) 2016 Section 181(1)﻿(b) amended 31 January 2018 section 12(3) Children, Young Persons, and Their Families Amendment Act (No 2) 2016 Section 181(2) amended 31 January 2018 section 12(3) Children, Young Persons, and Their Families Amendment Act (No 2) 2016 Section 181(2) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 181(3) replaced 1 July 1996 Medical Practitioners Act 1995 Section 181(3) amended 31 January 2018 section 12(4) Children, Young Persons, and Their Families Amendment Act (No 2) 2016 Section 181(4)﻿(a) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 181(4)﻿(a) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 181(4)﻿(b) amended 31 January 2018 section 12(3) Children, Young Persons, and Their Families Amendment Act (No 2) 2016 Section 181(4)﻿(c) amended 31 January 2018 section 12(3) Children, Young Persons, and Their Families Amendment Act (No 2) 2016 Section 181(4)﻿(d) amended 31 January 2018 section 12(3) Children, Young Persons, and Their Families Amendment Act (No 2) 2016 Section 181(5) inserted 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016
182: Release of child or young person from
Any child or young person who is detained in a section 181(1) 1974 No 72 s 42A(9) 1977 No 126 s 13 Section 182 heading amended 31 January 2018 section 13(1) Children, Young Persons, and Their Families Amendment Act (No 2) 2016 Section 182 amended 31 January 2018 section 13(2) Children, Young Persons, and Their Families Amendment Act (No 2) 2016
183: Review of order made under section 178 or section 181
The court may, from time to time, review any order made under section 178 section 181
184: Court may indicate matters to be dealt with in report
Where the court makes an order under subsection (1) or subsection (2) of section 178 section 181(1)
185: Sections to have effect in place of sections 38 to 44 of Criminal Procedure (Mentally Impaired Persons) Act 2003
In respect of any person to whom an application for a care or protection order sections 178 to 183 sections 38 to 44 Section 185 replaced 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 185 amended 1 July 2019 section 89 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
186: Report by social worker
1: The
a: must obtain and consider a report from a social worker before making—
i: a custody order under section 101 section 101(1)
ii: a guardianship order under section 110
iii: a special guardianship order under section 113A
b: may obtain and consider a report from a social worker before making any other order referred to in section 83(1) 84(1)
2: In the course of preparing a report for the purposes of subsection (1)﻿(a), the social worker must consider whether 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 care or protection order
2A: Every report provided to the court pursuant to subsection (1)﻿(a) must (without limiting subsection (3)) make a recommendation, with reasons, on whether there is a realistic possibility that the child or young person to whom the report relates can be returned to the care of the parent, guardian, or other person who had the care of the child or young person before the care or protection order
a: if there is such a realistic possibility, must—
i: set out the steps that the parent, guardian, or the other person must take, or the behavioural changes that the parent, guardian, or the other person must make, before the child or young person can be returned to the care of the parent, guardian, or the other person; and
ii: recommend a time when, or a period within which, the option of returning the child or young person to the care of the parent, guardian, or other person will be pursued, having particular regard to the age of the child or young person; or
b: if there is no such realistic possibility, set out—
i: the child's or young person's likely long-term needs, and proposals for how those needs will be met; and
ii: if a special guardianship order under section 113A
3: Every report obtained pursuant to this section in respect of a child or young person shall include—
a: such information as is required to be included in such reports by guidelines issued from time to time in writing by the chief executive
b: such other information as may assist the court in its consideration of the matter:
c: such other information as the court may direct.
4: Every report required pursuant to this section shall be prepared, where appropriate, in consultation with a Maatua Whangai worker.
5: In this section, the term social worker 1974 No 72 s 41(3) 1982 No 135 s 9(1) Section 186(1) replaced 30 June 2016 section 31 Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 186(1) amended 17 December 2022 section 23(1) Oranga Tamariki Amendment Act 2022 Section 186(1)﻿(a)﻿(ii) amended 17 December 2022 section 23(2) Oranga Tamariki Amendment Act 2022 Section 186(2) replaced 30 June 2016 section 31 Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 186(2) amended 1 July 2019 section 90(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 186(2A) inserted 30 June 2016 section 31 Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 186(2A) amended 1 July 2019 section 90(3) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 186(2A)﻿(a)﻿(i) replaced 1 July 2019 section 90(4) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 186(3)﻿(a) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 186(5) inserted 8 January 1995 section 28 Children, Young Persons, and Their Families Amendment Act 1994
187: Cultural and community reports
1: If a court is satisfied section 83(1)
a: the heritage and the ethnic, cultural, or community ties and values of the child or young person or the child's or young person's family, whanau, or family group:
b: the availability of any resources within the community that would, or would be likely to, assist the child or young person or the child's or young person's family, whanau, or family group:
c: if section 14(1)﻿(a) or (b)
i: that would be an alternative to an order under Part 2
ii: that would, or would be likely to, ensure that the kind of harm suffered by the child or young person will neither continue nor be repeated.
2: Any of the following persons may ask the court to obtain a report under subsection (1):
a: the child or young person:
b: any parent or guardian or other person having the care of the child or young person:
c: any barrister or solicitor representing—
i: any parent or guardian or other person having the care of the child or young person:
ii: the child or young person:
d: any barrister or solicitor appointed under section 160
e: any lay advocate who appears in support of the child or young person or any parent or guardian or other person having the care of the child or young person:
f: the chief executive
3: Unless it is impracticable or inappropriate to do so, the court shall ascertain and have regard to the wishes of the child or young person and the child's or young person's family, whanau, or family group in determining the person required to furnish a report under this section.
4: The fees and expenses of any person who furnishes a report under this section shall, if the court so directs, be paid out of money appropriated by Parliament for the purpose. Section 187(1) amended 17 December 2022 section 24(1) Oranga Tamariki Amendment Act 2022 Section 187(1)﻿(c) amended 17 December 2022 section 24(2) Oranga Tamariki Amendment Act 2022 Section 187(2)﻿(f) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016
188: Privilege for reports
Any person who furnishes any report to the court pursuant to section 178 section 181 section 186 section 187 1974 No 72 s 41(8) 1982 No 135 s 9(1)
189: Adjournment for purposes of obtaining report
1: Any adjournments for the purposes of obtaining a report pursuant to section 178 section 181 section 186 section 187
a: shall be for the minimum period necessary to enable the report to be prepared; and
b: shall in no case exceed a total of more than 28 days unless the court in any special case otherwise determines; but
c: may otherwise be on such conditions as the court thinks fit.
2: Where any proceedings are adjourned for the purposes of obtaining any report pursuant to section 178 section 181 section 186 section 187 1974 No 72 s 42A(2) 1977 No 126 s 13
190: Reports may be made orally
The court may, unless any party to the proceedings objects, direct that any report required pursuant to section 186 section 187
191: Access to reports
1: Subject to section 192 section 178 section 181 section 186 section 187
a: to every person entitled to appear and be heard on the proceedings to which the report relates, and to any barrister or solicitor appearing for that person:
b: to each lay advocate, barrister or solicitor, or other person representing a child or young person to whom the proceedings relate or a parent or guardian or other person usually having the care of the child or young person:
c: to the chief executive
d: to any other person whom the court considers has a proper interest in receiving a copy of the report.
2: Every such copy shall, wherever possible, be supplied not later than 1 working day before the sitting of the court. 1974 No 72 s 42(1) 1977 No 126 s 12(1), (2) Section 191(1)﻿(c) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
192: Court may order report not to be disclosed
The court may order that the whole or any part of a report given to any person pursuant to section 191(1) 1974 No 72 s 42(5)
193: Right to tender evidence on report
Any person to whom a report prepared pursuant to section 178 section 181 section 186 section 187 section 191 1974 No 72 s 42(3) 1977 No 126 s 12(3)
194: Court may call person making report as witness
The court may if it thinks fit call as a witness the person making any report to which section 193 1974 No 72 s 42(4) Miscellaneous provisions
195: Evidence
Section 195 repealed 31 March 2014 section 17A(d) Family Courts Act 1980
196: Opportunity to be heard if court to exercise certain discretion
If a court is, in relation to a child or young person, asked to exercise its discretion under section 69 section 159 Section 196 replaced 17 December 2022 section 25 Oranga Tamariki Amendment Act 2022
197: Standard of proof
Subject to section 198 Part 2 or Part 3A Section 197 amended 1 November 1999 section 6 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999
198: Special provisions applying to applications for
care or protection order
1: The court shall not make a care or protection order (other than an interim order) section 14(1)﻿(e)
a: it would have found the child guilty of an offence if the proceedings had been pursuant to a charging document filed under the Criminal Procedure Act 2011
b: the court is satisfied that the child knew either that the act or omission constituting the offence was wrong or that it was contrary to law.
2: Nothing in section 197 section 14(1)﻿(e) 1974 No 72 s 29(2) Section 198 heading amended 1 July 2019 section 92(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 198(1) amended 17 December 2022 section 26(1) Oranga Tamariki Amendment Act 2022 Section 198(1)﻿(a) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 198(2) replaced 17 December 2022 section 26(2) Oranga Tamariki Amendment Act 2022
199: Power of court to call witnesses
1: In any proceedings in a court under Part 2 or Part 3A care or protection order section 14(1)﻿(e)
2: The power conferred by subsection (1) shall include power to call as a witness any parent or guardian or other person having the care of the child or young person to whom the proceedings relate, or any person with whom any parent or guardian or other person is cohabiting, or any near relative of the child or young person.
3: A witness called by the court under this section shall have the same privilege to refuse to answer any question as the witness would have if the witness had been called by a party to the proceedings.
4: A witness called by the court under this section may be examined and re-examined by the court, or by any barrister or solicitor assisting the court, and may be cross-examined by or on behalf of any party to the proceedings or by any barrister or solicitor or lay advocate appointed to represent a child or young person to whom the proceedings relate.
5: Sections 159 161 to 165
6: The expenses of any witness called by the court under this section, in accordance with the prescribed scale of witnesses expenses, shall be paid in the first instance out of a Crown Bank Account 1980 No 94 s 165 Section 199(1) amended 1 July 2019 section 93 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 199(1) amended 1 October 1999 section 6 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 Section 199(5) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 199(6) amended 25 January 2005 section 83(7) Public Finance Act 1989
200: Court to ensure that application for care or protection order dealt with promptly
Where an application is made to the court for a care or protection order Section 200 heading replaced 1 July 2019 section 94(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 200 amended 1 July 2019 section 94(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
201: Adjournments
1: Subject to this section, the court may, from time to time, adjourn the hearing of any proceedings under Part 2 or Part 3A
2: In considering—
a: whether to adjourn the hearing of any such proceedings; and
b: the period of any such adjournment,— the court shall have regard to the principle that proceedings under Part 2 or Part 3A
3: On the granting of an adjournment under this section the court may—
a: make an order under section 78 any proceedings
b: make an order under section 121 Section 201(1) amended 1 November 1999 section 6 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 Section 201(2) amended 1 November 1999 section 6 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 Section 201(3)﻿(a) amended 8 January 1995 section 29 Children, Young Persons, and Their Families Amendment Act 1994
202: Orders by consent
In any proceedings under Part 2 or Part 3A 1980 No 94 s 170 Section 202 amended 1 November 1999 section 6 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999
203: Costs
In any proceedings under Part 2 or Part 3A 1968 No 63 s 27B 1980 No 95 s 14 Section 203 amended 1 November 1999 section 6 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999
204: Rehearings
1: Where a declaration or an order has been made or refused on an application under Part 2 or Part 3A
2: Notice of any such rehearing shall be given to such persons and in such manner as the court directs.
3: An application for a rehearing under this section shall not operate as a stay of proceedings unless the court so orders.
4: If the court grants an application for a rehearing, the declaration or order shall continue to have effect unless the court orders otherwise. 1980 No 94 s 173 Section 204(1) amended 1 November 1999 section 6 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999
205: Preventing removal of child or young person from New Zealand
1: This section applies where—
a: an application is made to the court for a care or protection order , or for an order under section 207K section 207Q
b: any District Court Judge or, if no District Court Judge is available, any Registrar (not being a constable
2: Where this section applies, the District Court Judge or Registrar—
a: may order that any tickets or travel documents (including the passport) of the child or young person, or of the person believed to be about to take the child or young person out of New Zealand, or of both, be surrendered to the court for such period and upon such conditions as the court thinks fit; and
b: may, in addition, issue a warrant directing the chief executive or any constable to take possession of the child or young person and place the child or young person in the custody of the chief executive pending the order or further order of the court.
2A: The function of executing a warrant issued in the name of the chief executive may be performed by a social worker or any other person authorised under a delegation to carry out that function ( see section 7C
2B: A delegate or a constable executing a warrant may use such reasonable force as may be necessary to do so.
3: Any person against whom an order under subsection (2)﻿(a) is in force may apply to the court for the discharge of the order, and the court, in its discretion, may discharge the order.
4: Section 123 section 122 1968 No 63 s 20 1979 No 52 s 3(1) Section 205(1)﻿(a) amended 1 July 2019 section 95 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 205(1)﻿(a) amended 1 November 1999 section 6 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 Section 205(1)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 205(2)﻿(b) replaced 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 205(2A) inserted 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 205(2B) inserted 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 205(4) amended 2 September 1996 Children, Young Persons, and Their Families Amendment Act 1996
206: Offence to take child or young person out of New Zealand where proceedings pending
1: Every person commits an offence and is liable on care or protection order , or for an order under section 207K section 207Q
2: No proceedings for contempt of court shall be taken against any person in respect of any act to which this section applies. 1968 No 63 s 20(3), (4) 1979 No 52 s 3(1) Section 206(1) amended 1 July 2019 section 96 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 206(1) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 206(1) amended 1 November 1999 section 6 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999
206A: Leave required in certain cases to commence substantially similar proceedings
1: A proceeding (a new proceeding Part 2
a: is substantially similar to a proceeding previously filed in the Family Court previous proceeding
b: is to be commenced less than 2 years after the final direction or order was given in the previous proceeding.
2: The leave of the court may only be given under subsection (1)
a: any party to the previous proceeding:
b: any child or young person who was the subject of the previous proceeding.
3: In this section, a new proceeding is substantially similar
a: the party commencing the new proceeding was a party to the previous proceeding; and
b: a child who is the subject of the new proceeding was the subject of the previous proceeding; and
c: the new proceeding—
i: is commenced under the same provision of this Act as the previous proceeding; or
ii: is for an order varying the order made in the previous proceeding; or
iii: is for an order discharging the order made in the previous proceeding.
4: This section does not apply if—
a: every party to the new proceeding consents to its commencement; or
b: the new proceeding is commenced by—
i: the chief executive; or
ii:
iii: an iwi social service; or
iv: a cultural social service; or
v: the director of a child and family support service; or
vi: a constable. Section 206A inserted 31 March 2014 section 8 Children, Young Persons, and Their Families Amendment Act 2013 Section 206A(1)﻿(a) amended 1 March 2017 section 261 District Court Act 2016 Section 206A(4)﻿(b)﻿(ii) repealed 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016
206B: Power to dismiss proceedings
The court may dismiss proceedings before it under Part 2
a: that the proceedings relate to a specified child and that the continuation of the proceedings is, in the particular circumstances, clearly contrary to the well-being
b: that the proceedings are frivolous or vexatious or an abuse of the procedure of the court. Section 206B inserted 31 March 2014 section 8 Children, Young Persons, and Their Families Amendment Act 2013 Section 206B(a) amended 1 July 2019 section 97 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
207: Vexatious proceedings
1: The court may dismiss any proceedings before it under Part 2
2: The court may, if it is satisfied that a person has persistently instituted vexatious proceedings under Part 2 Part 2 1980 No 94 s 163
3A: Trans-Tasman transfer of protection orders and protection proceedings
Part 3A inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 Purpose of Part Heading inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999
207A: Purpose of Part
The purpose of this Part is to provide for the transfer of protection orders and protection proceedings from New Zealand to a State or Territory of Australia, and from a State or Territory of Australia to New Zealand, so that—
a: children or young persons who are the subject of protection orders can continue to receive care or protection even though they move to or from New Zealand; and
b: protection proceedings can be determined speedily even though the children or young persons who are the subject of the proceedings move to or from New Zealand. Section 207A inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 Interpretation Heading inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999
207B: Interpretation
In this Part, unless the context otherwise requires,— child welfare law
a: Parts 2 3
b: a law of a participating State that—
i: corresponds to Parts 2 3
ii: is declared to be a child welfare law for the purposes of this Part by regulations made under section 447(aa) Children's Court interim order
a: an order under section 207T
b: an equivalent order made under an interstate law interstate law
a: means a law that corresponds to this Part; and
b: includes a law that is declared to be an interstate law for the purposes of this Part by regulations made under section 447(ab) interstate officer
a: the holder of an office or position (by whatever name called) that is an office or position the holder of which is declared, in relation to that State, to be the interstate officer for the purposes of this Part by regulations made under section 447(ac)
b: the holder of the office or position (by whatever name called) that, by or under the child welfare law of that State, has principal responsibility for the care or protection of children and young persons in that State participating State protection order section 207C protection proceedings
a: proceedings in a court or a Children's Court under a child welfare law for the making, variation, discharge, or revocation of a protection order or interim order, or for the extension of any period of such an order; or
b: proceedings in a court or a Children's Court under a child welfare law (for example, proceedings for a care or protection order
i: that a child or young person is in need of care or protection; and
ii: that empowers the court or Children's Court to make a protection order review proceedings
a: by way of an application for review under the Judicial Review Procedure Act 2016
b: by way of an application for mandamus, injunction, prohibition, or certiorari; or
c: by way of an application for a declaratory judgment sending State young person
a: who is 18 years
b: to whom a guardianship order made under section 110 Section 207B inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 Section 207B protection proceedings amended 17 December 2022 section 27 Oranga Tamariki Amendment Act 2022 Section 207B review proceedings amended 1 March 2017 section 24 Judicial Review Procedure Act 2016 Section 207B young person amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016
207C: Meaning of protection order
1: In this Part, protection order
a: means a final order under a child welfare law that makes the custody, guardianship, supervision, or support of a child or young person the responsibility (in whole or in part, and however that responsibility is described) of any 1 or more of the persons specified in subsection (2); and
b: includes an interim custody order made pursuant to section 102
2: The persons referred to in subsection (1) are—
a: a government department or statutory authority:
b: a person who is the head of a government department or statutory authority or otherwise holds an office or position in, or is employed in, a government department or statutory authority:
c: an organisation or body approved or authorised by or under the child welfare law to exercise or perform powers, duties, or functions conferred, imposed, or prescribed by or under the child welfare law:
d: the chief executive (by whatever name called) of an organisation or body referred to in paragraph (c). Section 207C inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 Transfer of protection orders from New Zealand by chief executive Heading inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999
207D: Chief executive may transfer protection order
1: The chief executive may transfer a protection order (the home order
a: in the chief executive’s
b: the home order is not subject to an appeal to the High Court, or to any review proceedings; and
c: the interstate officer of the participating State has consented in writing to the transfer and to the proposed terms of the protection order to be transferred (the interstate order
d: any consent required under section 207F
e: any consultation required under section 207G
f: the child or young person is not subject to—
i: an order made under paragraph (c), or any of paragraphs (k) to (o), of section 283
ii: a community-based sentence under the Sentencing Act 2002 ; or
iii: a sentence of home detention imposed under section 80A
g: neither the chief executive, nor any officer or employee of the department, knows of any charging document filed the Youth Court
2: In determining whether a protection order to the same or a similar effect as the home order could be made under the child welfare law of a participating State, the chief executive must not take into account the maximum period for which such an order can have effect in that State.
3: Before deciding whether to transfer a protection order, the chief executive may request a care and protection co-ordinator to convene a family group conference for the purpose of considering whether the order should be transferred, and sections 20 to 36 Section 207D inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 Section 207D(1)﻿(a) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 207D(1)﻿(f)﻿(ii) amended 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 207D(1)﻿(f)﻿(ii) amended 30 June 2002 section 186 Sentencing Act 2002 Section 207D(1)﻿(f)﻿(iii) inserted 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 207D(1)﻿(g) amended 1 March 2017 section 261 District Court Act 2016 Section 207D(1)﻿(g) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011
207E: Chief executive to have regard to certain matters
In deciding whether to transfer a protection order, the chief executive must have regard to—
a: the principles referred to in sections 4A(1) 5 13
b: the matters that section 130 section 128
c: whether an interstate officer is in a better position to exercise powers and responsibilities under a protection order relating to the child or young person than the person exercising those powers and responsibilities under the protection order; and
d: the desirability of a protection order being an order under the child welfare law of the place where the child or young person resides. Section 207E inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 Section 207E(a) amended 1 July 2019 section 98 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
207F: Consent required
1: This section applies if—
a: the home order is a support order made under section 91
b: the home order is a custody order made under section 101
c: the home order is a custody order made under section 101(e)
d: the home order is a sole guardianship order made under section 110
2: If this section applies, consent to the transfer of the order is required from—
a: each parent of the child or young person (other than a parent who resides, or intends to reside, in the relevant participating State); and
b: each guardian of the child or young person (other than the chief executive); and
c: each person who,—
i: under this Act, has custody of, or is given access to, or has the care of, the child or young person; or
ii: under the Care of Children Act 2004
3: Despite this section, the consent of a person is not required if the chief executive is not able to locate the person after having made all reasonable efforts to locate the person. Section 207F inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 Section 207F(1)﻿(c) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 207F(2)﻿(c) replaced 1 July 2005 section 151 Care of Children Act 2004
207G: Consultation required
1: This section applies if the child or young person is subject to—
a: a services order made under section 86
b: a support order made under section 91
2: If this section applies, the chief executive must consult the person or organisation on whether the order should be transferred. Section 207G inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999
207H: Conditions and duration of order to be transferred
1: The chief executive may include in the proposed interstate order any conditions that may be included in a protection order of that type made in the participating State.
2: The chief executive must determine, and specify in the interstate order, the period for which the interstate order is to remain in force.
3: The period must be a period—
a: that commences on the date of the registration of the interstate order in a participating State; and
b: that is—
i: the same as the period of the home order, if that is possible under the child welfare law of the participating State; or
ii: in any other case, as similar a period as is possible under that law but in no case longer than the period of the home order. Section 207H inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999
207I: Notice of decision to transfer
1: As soon as practicable but in any event no later than 3 working days after deciding to transfer a protection order, the chief executive must give a notice of the decision to—
a: each parent of the child or young person concerned; and
b: the child or young person concerned, unless the child or young person their
2: A notice must also—
a: state that the decision may be reviewed on certain grounds if, within 13 working days after the date of the decision, review proceedings are brought in the High Court and served on the chief executive; and
b: inform the child, young person, or parent on whom it is served that the child, young person, or parent their
3: Nothing in this section requires the chief executive to give a person a notice if the chief executive is not able to locate the person after having made all reasonable efforts to locate the person. Section 207I inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 Section 207I(1)﻿(b) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 207I(2)﻿(b) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
207J: Review of decision to transfer
Any review proceedings in respect of a decision to transfer a protection order—
a: must be brought, and served on the chief executive, within 13 working days after the date of the decision, and the 13-working day period cannot be extended:
b: operate on and after filing as a stay of the decision until the review proceedings are withdrawn or finally determined. Section 207J inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 Transfer of protection orders from New Zealand by order of court Heading inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999
207K: Court may order transfer of protection order
1: A court may order that a protection order be transferred to a participating State if—
a: the chief executive applies to the court for the order to be transferred; and
b: the court has obtained and considered, in relation to the child or young person, a report from a social worker that covers the matters that section 130 section 128
c: the protection order is not subject to an appeal to the High Court, or to any review proceedings; and
d: the interstate officer of the participating State has consented in writing to the transfer of the protection order and to the proposed terms of the order to be transferred; and
e: the child or young person is not subject to—
i: an order made under paragraph (c), or any of paragraphs (k) to (o), of section 283
ii: a community-based sentence under the Sentencing Act 2002 ; or
iii: a sentence of home detention imposed under section 80A
f: the chief executive certifies that neither the chief executive, nor any officer or employee of the department, knows of any charging document filed the Youth Court
2: Before deciding whether to order the transfer of a protection order, the court may direct a care and protection co-ordinator to convene a family group conference for the purpose of considering whether the transfer should be ordered, and sections 20 to 36
3: Sections 188 189 191 to 194 section 186 Section 207K inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 Section 207K(1)﻿(e)﻿(ii) amended 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 207K(1)﻿(e)﻿(ii) amended 30 June 2002 section 186 Sentencing Act 2002 Section 207K(1)﻿(e)﻿(iii) inserted 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 207K(1)﻿(f) amended 1 March 2017 section 261 District Court Act 2016 Section 207K(1)﻿(f) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011
207L: Service of application
1: As soon as possible after the chief executive files in a court an application under section 207K section 154 section 125
2: Section 155
3: A person served with proceedings under subsection (1) is entitled to appear and be heard as a party to the proceedings. Section 207L inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999
207M: Court to have regard to certain matters
In considering an application under section 207K
a: the principles referred to in sections 4A(1) 5 13
b: whether an interstate officer is in a better position to exercise powers and responsibilities under a protection order relating to the child or young person than the person exercising those powers and responsibilities under the protection order; and
c: the desirability of a protection order being an order under the child welfare law of the place where the child or young person resides. Section 207M inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 Section 207M(a) amended 1 July 2019 section 99 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
207N: Terms, conditions, and duration of order to be transferred
1: If a court orders that a protection order (the home order interstate order
a: to the same or a similar effect as the terms of the home order; or
b: otherwise appropriate for the child or young person.
2: The court may include in the interstate order any conditions that could be included in a protection order of that type made in the participating State.
3: In determining whether terms that could be the terms of a protection order made under the child welfare law of the participating State are to the same or similar effect as the terms of the home order, the court must not take into account the maximum period for which such an order can have effect in that State.
4: The court must determine, and specify in the interstate order, the period for which the interstate order is to remain in force.
5: The period must be a period—
a: that commences on the date of the registration in the participating State of the interstate order; and
b: that is possible for a protection order of the type of the proposed interstate order under the child welfare law of the participating State; and
c: that the court considers appropriate. Section 207N inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999
207O: Appeal against order for transfer
The following provisions apply to an appeal to the High Court under section 341
a:
b: the appeal must be brought within 10 working days after the day on which the order was made:
c: despite section 344
d: the appeal must be heard and determined by the High Court as soon as possible. Section 207O inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 Section 207O(a) amended 17 December 2022 section 28(1) Oranga Tamariki Amendment Act 2022 Section 207O(b) replaced 17 December 2022 section 28(2) Oranga Tamariki Amendment Act 2022
207P: Review of order for transfer
1: Any review proceedings in respect of an order that a protection order be transferred—
a: must be brought within 10 working days after the date of the order, and the 10-working day period cannot be extended:
b: operate on and after filing as a stay of the order until the review proceedings are withdrawn or finally determined.
2: Subsection (3) applies if a person—
a: brings review proceedings in respect of an order that a protection order be transferred; and
b: has also appealed to the High Court under section 341
3: If this subsection applies in accordance with subsection (2), the High Court must hear both matters together, unless it considers it impracticable in the particular circumstances of the case to do so. Section 207P inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 Transfer of protection proceedings from New Zealand by order of court Heading inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999
207Q: Court may order transfer of protection proceedings
1: A court may order that protection proceedings pending in the court be transferred to the Children's Court in a participating State if—
a: the chief executive applies to the court for an order that the proceedings be transferred; and
b: the interstate officer of the participating State has consented in writing to the transfer of the proceedings; and
c: the child or young person is not subject to—
i: an order made under paragraph (c), or any of paragraphs (k) to (o), of section 283
ii: a community-based sentence under the Sentencing Act 2002 ; or
iii: a sentence of home detention imposed under section 80A
d: the chief executive certifies that neither the chief executive, nor any officer or employee of the department, knows of any charging document filed the Youth Court
2: Before deciding whether to order that protection proceedings be transferred, the court may direct a care and protection co-ordinator to convene a family group conference for the purpose of considering whether the transfer should be ordered, and sections 20 to 36 Section 207Q inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 Section 207Q(1)﻿(c)﻿(ii) amended 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 207Q(1)﻿(c)﻿(ii) amended 30 June 2002 section 186 Sentencing Act 2002 Section 207Q(1)﻿(c)﻿(iii) inserted 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 207Q(1)﻿(d) amended 1 March 2017 section 261 District Court Act 2016 Section 207Q(1)﻿(d) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011
207R: Service of application
1: As soon as possible after the chief executive files in a court an application under section 207Q
a: each parent of the child or young person concerned or other person with whom the child or young person concerned is living; and
b: the child or young person concerned, unless the child or young person their
2: Section 155
3: A person served with proceedings under subsection (1) is entitled to appear and be heard as a party to the proceedings. Section 207R inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 Section 207R(1)﻿(b) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
207S: Court to have regard to certain matters
In considering an application under section 207Q
a: whether any other proceedings relating to the child or young person are pending, or have previously been heard and determined, under the child welfare law in the participating State; and
b: the place or places where any of the matters giving rise to the proceedings in the court occurred; and
c: the place of residence, or likely place of residence, of the child or young person, their
d: the principles referred to in sections 4A(1) 5 13
e: whether the chief executive or an interstate officer is in the better position to exercise powers and responsibilities under a protection order relating to the child or young person; and
f: the desirability of a protection order being an order under the child welfare law of the place where the child or young person resides. Section 207S inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 Section 207S(c) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 207S(d) amended 1 July 2019 section 100 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
207T: Interim order
1: A court that orders that protection proceedings be transferred may also make an interim order in respect of the child or young person concerned.
2: An interim order—
a: may release the child or young person into the care of any person, subject to any conditions that the court considers appropriate; and
b: may direct that supervision or support be provided to the child or young person by the interstate officer in the participating State or by any other person who could be so directed under the child welfare law of that State.
3: Part 2 section 78
a: remains in force for the period (not exceeding 30 days) specified in the interim order:
b: may be varied, or revoked, or extended, by the Children's Court in the participating State in accordance with the interstate law of that State. Section 207T inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999
207U: Appeal against order for transfer
The following provisions apply to an appeal to the High Court under section 341
a:
b: the appeal must be brought within 3 working days after the day on which the order was made:
c: despite section 344
d: the appeal must be heard and determined by the High Court as soon as possible. Section 207U inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 Section 207U(a) amended 17 December 2022 section 29(1) Oranga Tamariki Amendment Act 2022 Section 207U(b) replaced 17 December 2022 section 29(2) Oranga Tamariki Amendment Act 2022
207V: Review of order for transfer
1: Any review proceedings in respect of an order that protection proceedings be transferred must be brought within 3 working days after the day on which the order was made, and the 3-working day period cannot be extended.
2: Subsection (3) applies if a person—
a: brings review proceedings in respect of an order that protection proceedings be transferred; and
b: has also appealed to the High Court under section 341
3: If this subsection applies in accordance with subsection (2), the High Court must hear both matters together, unless it considers it impracticable in the particular circumstances of the case to do so. Section 207V inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999
207W: Transferred proceedings discontinued
If a court orders that protection proceedings be transferred, the proceedings are discontinued in the court on the registration of the order in the Children's Court of the participating State in accordance with the interstate law of that State. Section 207W inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 Transfer of protection orders and protection proceedings to New Zealand Heading inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999
207X: Registration of orders and proceedings to be transferred to New Zealand
1: As soon as practicable after a decision or order is made under an interstate law for the transfer to New Zealand of a protection order, the chief executive must register the protection order in a court by filing the protection order in the office of the court.
2: As soon as practicable after an order is made under an interstate law for the transfer to New Zealand of protection proceedings, the chief executive must register the proceedings in a court by filing the order, together with any interim order made at the same time, in the office of the court.
3: The chief executive must not register a protection order, an order that protection proceedings be transferred, or an interim order, under this section if,—
a: as the case requires,—
i: the decision to transfer the protection order; or
ii: the order that the protection order be transferred; or
iii: the order that the protection proceedings be transferred,— is subject to appeal, or review, or a stay; or
b: the period the interstate law allows for an appeal to be brought, or a review to be sought, has not expired. Section 207X inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999
207Y: Notice of registration
As soon as practicable after an order is registered in a court under section 207X
a: the appropriate officer of the Children's Court in the sending State; and
b: the interstate officer of that State. Section 207Y inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999
207Z: Effect of registration
1: If a protection order is registered in a court under section 207X
a: the order is to be treated for all purposes as a protection order of the relevant kind made by the court under Part 2
b: the making of the order cannot be appealed against under section 341
2: If an order made under an interstate law for the transfer to New Zealand of protection proceedings is registered in a court under section 207X
3: If an interim order is registered in a court under section 207X
a: the order is to be treated for all purposes as if it were an order made by the court under section 78
b: the making of the interim order cannot be appealed against under section 341 Section 207Z inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999
207ZA: Court to obtain plan for child or young person
1: As soon as practicable after a protection order of a kind referred to in section 128(2) section 207X sections 129 to 133
2: A person preparing a plan required by this section must have regard to—
a: the terms of the protection order:
b: any plan, or other document (by whatever name called) that corresponds to a plan, prepared in relation to the child or young person under the child welfare law of the sending State:
c: the matters addressed in any report made to the Children's Court in the sending State in relation to the application for the transfer of the protection order.
3: On obtaining a plan required by this section, the court must fix a date in accordance with section 134 section 128 sections 135 to 138
a: the review of the plan; and
b: the resulting report and revised plan. Section 207ZA inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999
207ZB: Hearing and determination of transferred proceedings
If an order made under an interstate law for the transfer to New Zealand of protection proceedings is registered in a court under section 207X
a: is not bound by any finding of fact made in the proceedings in the Children's Court in the sending State; and
b: may have regard to any transcript of, or evidence adduced in, the proceedings in the Children's Court in the sending State. Section 207ZB inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999
207ZC: Aboriginal or Torres Strait Islander children or young persons
1: This section applies if—
a: a protection order, or an order made under an interstate law for the transfer to New Zealand of protection proceedings, is registered in a court under section 207X
b: a child or young person concerned is an Aboriginal or a Torres Strait Islander.
2: If this section applies in accordance with subsection (1), a court or person exercising a power conferred by or under this Act in relation to the child or young person must be guided by the principle referred to in section 5(1)﻿(c)﻿(iv) Section 207ZC inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 Section 207ZC(2) amended 17 December 2022 section 30 Oranga Tamariki Amendment Act 2022
207ZD: Application to have registration revoked
Any of the following persons may apply to a court to have the registration of an order under section 207X
a: the chief executive:
b: the child or young person concerned:
c: a parent of the child or young person concerned:
d: a party to the proceedings in the Children's Court in the sending State in which the decision to transfer the order or proceedings (as the case requires) was made. Section 207ZD inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999
207ZE: Service of application
1: As soon as practicable after an application under section 207ZD
a: the interstate officer of the sending State; and
b: each person (other than the applicant) who could have made an application.
2: Section 155
3: A person served with proceedings under subsection (1) is entitled to appear and be heard as a party to the proceedings. Section 207ZE inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999
207ZF: Revocation of registration
1: On an application under section 207ZD
a: as the case requires,—
i: the interstate officer's decision to transfer the protection order; or
ii: the order of the Children's Court that the protection order be transferred; or
iii: the order of the Children's Court that the protection proceedings be transferred,— was subject to appeal, or review, or a stay; or
b: the period the interstate law allows for an appeal to be brought, or review to be sought, had not expired.
2: The revocation of the registration of an order does not prevent the later re-registration of that order. Section 207ZF inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999
207ZG: Notice of revocation
As soon as practicable after the registration of an order is revoked under section 207ZF
a: the appropriate officer of the Children's Court in the sending State; and
b: the interstate officer of that State. Section 207ZG inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999
207ZH: Effect of revocation on plan and documents
If the court revokes the registration of an order under section 207ZF
a: the court may, on its own initiative or on an application for the purpose, make such orders as it thinks fit with respect to the preparation or review of any plan or revised plan relating to the child or young person concerned:
b: the Registrar of the court must send the documents filed when the order was registered to the appropriate officer of the Children's Court in the sending State. Section 207ZH inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 Miscellaneous provisions Heading inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999
207ZI: Expiry and revival of order transferred from New Zealand
1: A protection order transferred from New Zealand (the home order interstate order
2: If the registration of the interstate order is revoked under the interstate law in the participating State to which the home order is transferred, then the home order is revived under this Act.
3: The home order is revived—
a: on the revocation; and
b: until the time at which it would have ceased to have effect if it had not been transferred. Section 207ZI inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999
207ZJ: Expiry and revival of ancillary orders
1: This section applies if—
a: a child or young person is the subject of a protection order (the home order section 207ZI(1)
b: that child or young person is subject to any other order (the ancillary order section 83(1)
2: The ancillary order ceases to have effect under this Act at the same time as the home order ceases to have effect.
3: If the home order is revived in accordance with section 207ZI(2) Section 207ZJ inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999
207ZK: Transfer of court file
1: The Registrar of a court must send all documents filed in the court in connection with protection proceedings to the appropriate officer of the Children's Court in a participating State if—
a: a protection order made in the proceedings, or the proceedings themselves, are transferred to the participating State under this Part; and
b: the transfer decision or order is not subject to an appeal or a review or a stay; and
c: the period allowed under this Part for bringing an appeal, or bringing review proceedings, has expired.
2: The Registrar of the court must make a copy of all documents sent under this section, and keep the copies for the same period as the sent documents would have been kept. Section 207ZK inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999
207ZL: Disclosure of information to interstate officer
1: This section applies to information that has come to the notice of the chief executive, or to an officer or employee of the department, in the performance of duties or exercise of powers under this Act.
2: Despite anything to the contrary in this Act, the chief executive may disclose to an interstate officer information to which this section applies if the chief executive considers the disclosure necessary or desirable to enable the interstate officer to perform duties or exercise powers under a child welfare law or an interstate law. Section 207ZL inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999
207ZM: Information disclosed to chief executive by interstate officer
1: This section applies to information that an interstate officer has disclosed to the chief executive under a provision of a child welfare law or an interstate law that corresponds to section 207ZL
2: Information to which this section applies is to be taken for the purposes of this Act to have been given directly to the chief executive in New Zealand instead of to the interstate officer.
3: This section is subject to section 207ZN Section 207ZM inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999
207ZN: Department not to disclose information identifying notifier
1: This section applies to information—
a: to which section 207ZM
b: that, if disclosed, would be likely to identify, or lead to the identification of, a person (a notifier
2: This section does not apply to information that is or may be evidence of any grounds that the notifier had for their
3: The chief executive, or an officer or employee of the department, must not disclose information to which this section applies unless—
a: the notifier has consented in writing to the disclosure; or
b: the disclosure is to enable—
i: the investigation, or consideration, of any need to take action under this Act in respect of the child or young person; or
ii: the taking of any such action; or
c: the disclosure is in accordance with subsection (4).
4: In proceedings in any court, or in any proceedings of a judicial nature, unless the notifier has consented in writing or the court or tribunal concerned has granted leave,—
a: a witness must not be asked, and if asked is entitled to refuse to answer, a question the answer to which would be information to which this section applies; and
b: information to which this section applies is not admissible as evidence.
5: A court or tribunal may grant leave under subsection (4) only if satisfied that the asking and answering of the question, or the admission as evidence of the information, is necessary—
a: to ensure the safety and well-being of the child or young person; or
b: in the interests of justice. Section 207ZN inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 Section 207ZN(2) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
207ZO: Written consent of interstate officer
A document that purports to be the written consent of an interstate officer (or of an interstate officer's authorised delegate) for the purposes of section 207D(1)﻿(c) section 207K(1)﻿(d) section 207Q(1)﻿(b) Section 207ZO inserted 1 November 1999 section 3 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999
4: Youth justice
Principles
208: Principles
1: A court or person exercising powers under this Part, Part 5 sections 351 to 360 section 4A(2)
2: When weighing those 4 primary considerations, the court or person must be guided by, in addition to the principles in section 5
a:
b: well-being their whānau, hapū,
c:
i: to strengthen the family, whanau, hapu, iwi, and family group of the child or young person concerned; and
ii: to foster the ability of families, whanau, hapu, iwi, and family groups to develop their own means of dealing with offending by their children and young persons:
d: or is alleged to have committed an offence
e:
i: whether or not to impose sanctions in respect of offending by a child or young person; and
ii: the nature of any such sanctions:
f:
i: take the form most likely to maintain and promote the development of the child or young person within their
ii: take the least restrictive form that is appropriate in the circumstances:
fa:
g:
i: in the determination of measures for dealing with offending by children or young persons, consideration should be given to the interests and views of any victims of the offending (for example, by encouraging the victims to participate in the processes under this Part for dealing with offending); and
ii: any measures should have proper regard for the interests of any victims of the offending and the impact of the offending on them:
h:
3: If a court or person is exercising a power for the purpose of resolving alleged offending or offending by a child or young person, the court or person must be guided by, in addition to the principles listed in subsection (2) and section 5
a: the principle that reasonable and practical measures or assistance should be taken or provided to support the child or young person to prevent or reduce offending or reoffending; and
b: the principle that the child or young person should be referred to care, protection, or well-being services under this Act, if those services would be of benefit to them.
4: Subsection (3) does not apply to a Police employee unless the employee is employed as a specialist in resolving offending by children and young persons. Section 208(1) inserted 1 July 2019 section 101(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 208(2) amended 1 July 2019 section 101(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 208(2)﻿(a) amended 1 July 2019 section 101(3) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 208(2)﻿(b) amended 1 July 2019 section 101(3) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 208(2)﻿(b) amended 1 July 2019 section 101(4) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 208(2)﻿(b) amended 1 July 2019 section 101(5) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 208(2)﻿(b) amended 1 July 2019 section 101(6) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 208(2)﻿(b) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 208(2)﻿(c) amended 1 July 2019 section 101(3) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 208(2)﻿(d) amended 1 July 2019 section 101(3) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 208(2)﻿(d) amended 1 July 2019 section 101(7) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 208(2)﻿(e) amended 1 July 2019 section 101(3) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 208(2)﻿(f) amended 1 July 2019 section 101(3) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 208(2)﻿(f)﻿(i) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 208(2)﻿(fa) inserted 1 October 2010 section 6(1) Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 208(2)﻿(fa) amended 1 July 2019 section 101(3) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 208(2)﻿(g) replaced 1 October 2010 section 6(2) Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 208(2)﻿(g) amended 1 July 2019 section 101(3) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 208(2)﻿(h) amended 1 July 2019 section 101(3) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 208(3) inserted 1 July 2019 section 101(8) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 208(4) inserted 1 July 2019 section 101(8) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
208A: Child or young person subject to youth justice jurisdiction only until allegations of offending dealt with
Nothing in section 4A(2) 5 208 Part 5 sections 351 to 360 Section 208A inserted 1 July 2019 section 102 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Warnings and formal Police cautions
209: Consideration of warning as alternative to prosecution
Where an enforcement officer is considering whether to institute criminal proceedings against a child or young person for an offence alleged or admitted to have been committed by that child or young person, that officer shall consider whether it would be sufficient to warn the child or young person, unless a warning is clearly inappropriate having regard to the seriousness of the offence and the nature and number of previous offences committed by the child or young person.
210: Administration of warning
Where, in respect of any offence alleged or admitted to have been committed by a child or young person, an enforcement officer decides that it would be sufficient to warn that child or young person, that officer may warn the child or young person, or arrange for any other person to warn the child or young person.
211: Formal Police caution
1: Where, in respect of any offence admitted or proved to have been committed by a child or young person, a family group conference recommends that a formal Police caution be given to the child or young person, a constable
2: The following provisions shall apply in respect of a formal Police caution given to a child or young person:
a: where practicable, the caution shall be given at a Police station:
b: the caution shall be given by a constable level of position constable most senior constable
c: the caution shall be given in the presence of—
i: a parent or guardian or other person having the care of the child or young person; or
ii: an adult person nominated by the child or young person. Section 211(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 211(2)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 211(2)﻿(b) amended 1 October 2008 section 130(1) Policing Act 2008
212: Notice of warning or caution
1: Every person who gives a warning pursuant to section 210 section 211
2: Where practicable, every such notice shall be given in language that can be understood by the child or young person and the parent or guardian or other person having the care of the child or young person.
213: Evidence of warnings and formal Police cautions and of offences to which they relate not admissible in criminal proceedings
Where, in respect of any offence alleged or admitted or proved to have been committed by a child or young person, a warning or formal Police caution is given to that child or young person pursuant to section 210 section 211
a: no information relating to that warning or that caution shall be disclosed, other than on behalf of the defence, in any criminal proceedings against that child or young person:
b: no evidence of that offence shall be admissible, on behalf of the prosecution, in any criminal proceedings against that child or young person for any other offence. Arrest of child or young person without warrant
214: Arrest of child or young person without warrant
1: Subject to sections 233 244
a: that it is necessary to arrest that child or young person without warrant for the purpose of—
i: ensuring the appearance of the child or young person before the court; or
ii: preventing that child or young person from committing further offences; or
iii: preventing the loss or destruction of evidence relating to an offence committed by the child or young person or an offence that the enforcement officer has reasonable cause to suspect that child or young person of having committed, or preventing interference with any witness in respect of any such offence; and
b: where the child or young person may be proceeded against by way of summons, that proceeding by way of summons would not achieve that purpose.
2: Nothing in subsection (1) prevents a constable
a: the constable category 4 offence or category 3 offence for which the maximum penalty available is or includes imprisonment for life or for at least 14 years
b: the constable
2A: Nothing in subsection (1) prevents a constable from arresting a child or young person without warrant under section 214A
3: Every enforcement officer who arrests a child or young person without warrant shall, within 3 days of making the arrest, furnish a written report—
a: where that enforcement officer is a constable
b: where that enforcement officer is a traffic officer who is a Police employee who is not a constable
c: where that enforcement officer is an officer or employee of the public service
d: where that enforcement officer is an officer of a local authority, to the chief executive
4: Every report furnished pursuant to subsection (3) in respect of the arrest of any child or young person shall state the reason why the child or young person was arrested without warrant. Children's Services Ordinance 1986 s 31 (Australian Capital Territory) Section 214(1) amended 17 December 2022 section 31(1) Oranga Tamariki Amendment Act 2022 Section 214(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 214(2)﻿(a) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 214(2)﻿(a) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 214(2)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 214(2A) inserted 17 December 2022 section 31(2) Oranga Tamariki Amendment Act 2022 Section 214(3)﻿(a) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 214(3)﻿(b) replaced 1 July 1992 Transport Amendment Act (No 2) 1992 Section 214(3)﻿(b) amended 1 October 2008 section 116(d) Policing Act 2008 Section 214(3)﻿(c) amended 7 August 2020 section 135 Public Service Act 2020 Section 214(3)﻿(d) amended 1 July 2003 section 262 Local Government Act 2002
214A: Arrest of child or young person in breach of bail condition
1: A constable may arrest a child or young person without a warrant if—
a: the child or young person has been released on bail; and
b: the constable believes, on reasonable grounds, that—
i: the child or young person is in breach of, or has recently breached, a condition of that bail; and
ii: the child or young person has on 2 or more previous occasions breached a condition of that bail (whether or not the same condition).
2: If a child or young person appears before a court and the court considers the child’s or young person’s bail, no breach of a bail condition that occurred before the appearance may be used to support a subsequent arrest under this section.
3: This section does not apply if a child or young person is arrested without warrant under section 35 section 214 Section 214A inserted 4 September 2013 section 41(3) Bail Amendment Act 2013 Section 214A(1)﻿(b)﻿(i) replaced 17 December 2022 section 32(1) Oranga Tamariki Amendment Act 2022 Section 214A(2) inserted 17 December 2022 section 32(2) Oranga Tamariki Amendment Act 2022 Section 214A(3) inserted 17 December 2022 section 32(2) Oranga Tamariki Amendment Act 2022
214B: Arrest of person aged 17 years released on bail by District Court or High Court
1: This section applies to a person aged 17 years if—
a: the person is a defendant who—
i: has been charged with, or convicted of, any offence (except a drug dealing offence) in the District Court or the High Court; and
ii: has been released on bail for the offence, or the alleged offence, by a court, a Registrar, or a Police employee; and
b: any of the circumstances set out in section 35(1)
2: This section also applies to a person aged 17 years if—
a: the person is a defendant who—
i: has been charged with, or convicted of, a drug dealing offence in the District Court or the High Court; and
ii: has been released on bail for the offence, or the alleged offence, by a District Court Judge or a High Court Judge; and
b: any of the circumstances set out in section 36(1)
3: Nothing in section 214 214A section 35(1) 36(1)
4: For the purposes of this section, unless the context otherwise requires,— court section 3 drug dealing offence section 3 Registrar section 3 Section 214B inserted 1 July 2019 section 5 Oranga Tamariki Legislation Act 2019 Rights of children and young persons when questioned, charged with offence, or arrested
215: Child or young person to be informed of rights before questioned by enforcement officer
1: Subject to sections 233 244 whom there are reasonable grounds to suspect of having committed an offence, or before asking any child or young person any question intended to obtain an admission of an offence
a: subject to subsection (2), if the circumstances are such that the enforcement officer would have power to arrest the child or young person without warrant, that the child or young person may be arrested if, by refusing to give their
b: subject to subsection (2), that the child or young person is not obliged to accompany the enforcement officer to any place for the purpose of being questioned, and that if the child or young person consents to do so, the child or young person
c: that the child or young person is under no obligation to make or give any statement; and
d: that if the child or young person consents to make or give a statement, the child or young person may withdraw that consent at any time; and
e: that any statement made or given may be used in evidence in any proceedings; and
f: that the child or young person is entitled to consult with, and make or give any statement in the presence of, a barrister or solicitor and any person nominated by the child or young person in accordance with section 222
2: Nothing in paragraph (a) or paragraph (b) of subsection (1) applies where the child or young person is under arrest.
3: Without limiting subsection (1), where, during the course of questioning a child or young person, an enforcement officer forms the view that there are reasonable grounds to suspect the child or young person of having committed an offence, the enforcement officer shall, before continuing the questioning, give the explanation required by that subsection. Section 215(1) amended 8 January 1995 section 30(1) Children, Young Persons, and Their Families Amendment Act 1994 Section 215(1)﻿(a) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 215(1)﻿(b) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 215(3) inserted 8 January 1995 section 30(2) Children, Young Persons, and Their Families Amendment Act 1994
215A: Rights to be explained to child or young person on request
Subject to sections 233 244
a: any enforcement officer is questioning any child or young person in relation to that child's or young person's involvement in the commission of any offence or suspected offence; and
b: that child or young person makes any enquiry of that enforcement officer, being an enquiry that relates (in whole or in part), or that may reasonably be taken as relating (in whole or in part), to any of the matters set out in any of paragraphs (a) to (f) of section 215(1) that enforcement officer shall explain to that child or young person such of those matters as, in the circumstances of the particular case, are appropriate to the enquiry that was made. Section 215A inserted 8 January 1995 section 31(1) Children, Young Persons, and Their Families Amendment Act 1994
216: Enforcement officer to explain rights to child or young person who is to be charged with offence
Subject to sections 233 244
a: an enforcement officer is questioning a child or young person in relation to the commission or possible commission of an offence by that child or young person; and
b: that enforcement officer decides the enforcement officer shall explain to that child or young person—
c: except where the child or young person is under arrest, the matters specified in paragraphs (a) and (b) of section 215(1)
d: the matters specified in paragraphs (c) to (f) of section 215(1) Section 216(b) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
217: Rights to be explained to child or young person who is arrested
Subject to sections 233 244 section 214 paragraphs (c) to (f) of section 215(1)
218: Explanations to be given in manner and language appropriate to age and level of understanding of child or young person
Every explanation required to be given to a child or young person pursuant to section 215 or section 215A section 216 section 217 Section 218 amended 8 January 1995 section 31(2) Children, Young Persons, and Their Families Amendment Act 1994
219: Explanations not required if child or young person already informed of rights
Nothing in section 215 or section 215A section 216 section 217 Section 219 amended 8 January 1995 section 31(3) Children, Young Persons, and Their Families Amendment Act 1994
220: Other enactments requiring information or particulars not affected
Nothing in section 215 or section 215A section 216 section 217 Section 220 amended 8 January 1995 section 31(4) Children, Young Persons, and Their Families Amendment Act 1994 Provisions relating to admissibility of statements made by children and young persons
221: Admissibility of statements made by children and young persons
1: This section applies to—
a: every child or young person who is being questioned by an enforcement officer in relation to the commission or possible commission of an offence by that child or young person:
b: every child or young person—
i: who has been arrested pursuant to section 214
ii: whom any enforcement officer has decided
iii: who has been detained in the custody of an enforcement officer following arrest pursuant to section 214
2: Subject to sections 223 to 225 sections 233 244
a: before the statement was made or given, the enforcement officer has explained in a manner and in language that is appropriate to the age and level of understanding of the child or young person,—
i: except where subsection (1)﻿(b)﻿(i) or (iii) applies, the matters specified in paragraphs (a) and (b) of section 215(1)
ii: the matters specified in paragraphs (c) to (f) of section 215(1)
b: where the child or young person wishes to consult with a barrister or solicitor and any person nominated by that child or young person in accordance with section 222
c: the child or young person makes or gives the statement in the presence of 1 or more of the following persons:
i: a barrister or solicitor:
ii: any person nominated by the child or young person in accordance with section 222
iii: where the child or young person refuses or fails to nominate any person in accordance with section 222
A: any person referred to in paragraph (a) or paragraph (b) of section 222(1)
B: any other adult (not being an enforcement officer). Section 221(1)﻿(b)﻿(ii) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
222: Persons who may be nominated for the purposes of section 221(2)﻿(b) or (c)
1: Subject to subsection (2), a child or young person may nominate one of the following persons for the purposes of section 221(2)﻿(b)
a: a parent or guardian of the child or young person:
b: an adult member of the family, whanau, or family group of the child or young person:
c: any other adult selected by the child or young person:
d: if the child or young person refuses or fails to nominate any person referred to in any of paragraphs (a) to (c), any adult (not being an enforcement officer) nominated for the purpose by an enforcement officer.
2: Where an enforcement officer believes, on reasonable grounds, that any person nominated by a child or young person pursuant to subsection (1)﻿(a) or (b) or (c),—
a: if permitted to consult with the child or young person pursuant to section 221(2)﻿(b)
b: cannot with reasonable diligence be located, or will not be available within a period of time that is reasonable in the circumstances,— that enforcement officer may refuse to allow the child or young person to consult with that person.
3: Where, pursuant to subsection (2), a child or young person is not permitted to consult with a person nominated by that child or young person pursuant to subsection (1), that child or young person shall, subject to subsection (2), be permitted to consult with any other person nominated by that child or young person pursuant to subsection (1).
4: It is the duty of any person nominated pursuant to subsection (1)—
a: to take reasonable steps to ensure that the child or young person understands the matters explained to the child or young person under section 221(2)﻿(a)
b: to support the child or young person—
i: before and during any questioning; and
ii: if the child or young person agrees to make or give any statement, during the making or giving of the statement. Section 222(4) inserted 8 January 1995 section 32 Children, Young Persons, and Their Families Amendment Act 1994
223: Section 221 not to apply where statement made before requirements of that section can be met
Nothing in section 221
224: Reasonable compliance sufficient
No statement shall be inadmissible pursuant to section 221
225: Other enactments relating to admissibility of statements or confessions, or requiring information or particulars to be given, not affected
Nothing in section 221
a: any other enactment or rule of law (not being an enactment or rule of law inconsistent with the provisions of that section) relating to the admissibility of statements and confessions; or
b: any other enactment or rule of law that imposes a requirement on any person to supply any information or particulars to an enforcement officer.
226: Evidence of communications during consultation not admissible
Notwithstanding any other enactment or rule of law, no evidence of any communication (whether oral, written, or in any other form) that occurs between a child or young person and any person with whom that child or young person is consulting pursuant to section 221(2)﻿(b) Entitlement to consult barrister or solicitor
227: Child or young person at enforcement agency office for questioning in relation to commission or possible commission of offence or arrested entitled to consult with barrister or solicitor
1: Subject to sections 233 244
2: Subject to sections 233 244
3: Subject to sections 233 244
4: Nothing in subsection (3) limits section 13G(3)
228: Entitlement of child or young person to consult with barrister or solicitor where taken to hospital following arrest or questioned at hospital
1: Subject to sections 233 244
a: who is taken to a hospital for treatment following arrest; or
b: who is arrested while at a hospital for treatment; or
c: who, while at any hospital for treatment, is to be questioned by an enforcement officer in relation to the commission or possible commission of an offence by that child or young person— is entitled to consult privately with a barrister or solicitor at that hospital.
2: Nothing in subsection (1) limits section 13G(3) Notification of parents and other persons where child or young person being questioned or is arrested
229: Parents or guardians or other persons to be informed where child or young person at enforcement agency office for questioning in relation to commission or possible commission of offence or is arrested
1: Subject to sections 233 244
a: inform a person nominated by the child or young person in accordance with section 231
b: where—
i: the person nominated by the child or young person for the purposes of paragraph (a) is not a parent or guardian or other person having the care of the child or young person; or
ii: the child or young person refuses or fails to nominate any person in accordance with section 231 unless it is impracticable to do so, inform the parents or guardians or other persons having the care of the child or young person that the child or young person is at the enforcement agency office for questioning or has been arrested.
2: Subject to sections 233 244
a: is entitled to visit that child or young person at the enforcement agency office; and
b: shall, as soon as practicable after that person arrives at the enforcement agency office to visit the child or young person, have explained to that person paragraphs (c) to (f) of section 215(1)
c: subject to subsection (3), is entitled to consult privately with that child or young person during that visit.
3: Nothing in subsection (2)﻿(c) entitles any person to consult privately with a child or young person (being a child or young person who has been arrested)—
a: in the absence of any enforcement officer who is for the time being guarding that child or young person; or
b: otherwise than subject to such reasonable conditions as may be necessary to ensure the safety of the child or young person or to prevent the commission of any offence. Children's Services Ordinance 1986 ss 29, 32 (Australian Capital Territory) Section 229(2)﻿(b) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
230: Evidence of communications during visit not admissible
Notwithstanding any other enactment or rule of law, no evidence of any communication (whether oral, written, or in any other form) that occurs between a child or young person who is at an enforcement agency office and any person who is visiting that child or young person pursuant to section 229(2)
231: Persons who may be nominated for the purposes of section 229(1)﻿(a)
1: Subject to subsection (2), a child or young person may nominate one of the following persons for the purposes of section 229(1)﻿(a)
a: a parent or guardian of the child or young person:
b: an adult member of the family, whanau, or family group of the child or young person:
c: any other adult selected by the child or young person:
d: if the child or young person refuses or fails to nominate any person referred to in any of paragraphs (a) to (c), any adult (not being an enforcement officer) nominated for the purpose by an enforcement officer.
2: Where an enforcement officer believes, on reasonable grounds, that any person nominated by a child or young person pursuant to subsection (1)﻿(a) or (b) or (c), if permitted to visit the child or young person pursuant to section 229(2)﻿(a)
3: Where, pursuant to subsection (2), a person nominated by a child or young person pursuant to subsection (1) is not permitted to visit that child or young person, any other person nominated by that child or young person pursuant to subsection (1) shall, subject to subsection (2), be permitted to visit that child or young person pursuant to section 229(2)﻿(a)
4: It is the duty of any person nominated pursuant to subsection (1)—
a: to take reasonable steps to ensure that the child or young person understands the matters explained to the child or young person under section 221(2)﻿(a)
b: to support the child or young person—
i: before and during any questioning; and
ii: if the child or young person agrees to make or give any statement, during the making or giving of the statement. Section 231(4) inserted 8 January 1995 section 33 Children, Young Persons, and Their Families Amendment Act 1994
232: Notice of offence with which child or young person charged to be given to parents or guardians or other persons having care of child or young person
1: Where a child or young person who has been arrested is charged with the commission of an offence, an enforcement officer shall, as soon as practicable, give oral or written notice specifying the nature of the charge to—
a: the child or young person; and
b: a parent or guardian or other person having the care of the child or young person; and
c: the person nominated by the child or young person pursuant to section 231
2: Every such notice shall be given in language that can be understood by all the persons who are required, by subsection (1), to be given that notice. Breath-alcohol and blood-alcohol provisions of Land Transport Act 1998 Heading amended 10 May 2011 section 100(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011
233: Breath-alcohol and blood-alcohol provisions of Land Transport Act 1998 not affected
Nothing in the provisions of sections 214 to 232 sections 68 to 72 Section 233 replaced 1 March 1999 section 215(1) Land Transport Act 1998 Custody of child or young person following arrest or pending hearing
234: Custody of child or young person following arrest
Subject to sections 235 236 244 constable
a: release the child or young person; or
b: where the child or young person may be released on bail under section 21
c: deliver the child or young person into the custody of—
i: any parent or guardian or other person having the care of the child or young person; or
ii: with the agreement of the child or young person, any iwi social service or cultural social service; or
iii: with the agreement of the child or young person, any other person or organisation approved by the chief executive constable 1974 No 72 s 43(1) 1982 No 135 s 10 1983 No 129 s 10(1) Section 234 amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 234(b) replaced 1 January 2001 section 74(2) Bail Act 2000 Section 234(c)﻿(ii) replaced 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994 Section 234(c)﻿(iii) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 234(c)﻿(iii) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
235: Child or young person who is arrested may be placed in custody of
chief executive
1: Notwithstanding section 234 section 244 subsection (1A)
a: must place the child or young person in the custody of the chief executive in accordance with subsection (2); and
b: must do so as soon as practicable and not later than 24 hours after the arrest.
1A: This subsection applies if—
a: the constable believes, on reasonable grounds, that—
i: the child or young person is not likely to appear before the court; or
ii: the child or young person may commit further offences; or
iii: it is necessary to prevent—
A: the loss or destruction of evidence relating to an offence committed by the child or young person or an offence that the constable has reasonable cause to suspect the child or young person of having committed; or
B: interference with any witness in respect of any such offence; or
b: the child or young person has been arrested under section 214A
2: A child or young person shall be placed in the custody of the chief executive
a: delivering the child or young person to the chief executive (acting through the chief executive’s
b: presenting to the delegate
i: the identity of the child or young person; and
ii: the circumstances of the arrest of the child or young person; and
iii: the date and time of the intended appearance of the child or young person before the court having jurisdiction in the matter in relation to which the child or young person was arrested.
3: Placement of a child or young person in the custody of the chief executive a delegate a delegate
4: No constable constable section 14 1974 No 72 s 43(2), (5) 1982 No 135 s 10 1983 No 129 s 10(2), (3) Section 235 heading amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 235(1) replaced 4 September 2013 section 41(4) Bail Amendment Act 2013 Section 235(1A) inserted 4 September 2013 section 41(4) Bail Amendment Act 2013 Section 235(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 235(2)﻿(a) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 235(2)﻿(a) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 235(2)﻿(b) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 235(3) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 235(3) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 235(4) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
236: Young person who is arrested may be detained in Police custody
1: Notwithstanding the provisions of sections 234 235 section 244 the chief executive (acting through the chief executive’s constable constable who is of or above the level of position of inspector
a: that a young person who has been arrested is likely to abscond or be violent; and
b: that suitable facilities for the detention in safe custody of that young person are not available to the chief executive the young person may, on the joint certificate in the prescribed form of the delegate constable
2: If a joint certificate is issued the delegate chief executive constable
a: a copy of the certificate; and
b: a written report stating—
i: the circumstances in which the certificate came to be issued; and
ii: the duration of the period for which the young person has been detained, or is likely to be detained, in Police custody.
3: Any delegation by the chief executive of a function or power under this section must be made to a senior employee or senior employees of the department. 1974 No 72 s 43(3), (4) 1982 No 135 s 10 Section 236(1) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 236(1) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 236(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 236(1) amended 1 October 2008 section 116(b) Policing Act 2008 Section 236(1)﻿(b) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 236(2) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 236(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 236(3) inserted 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016
237: Child or young person who is arrested to be brought before court as soon as possible
Subject to section 244 section 235 section 236 the Youth Court or, as the case requires, the Family Court 1974 No 72 s 43(5) 1982 No 135 s 10 1983 No 129 s 10(3) Section 237 amended 1 March 2017 section 261 District Court Act 2016
238: Custody of child or young person pending hearing
1: Where a child or young person (who for the purpose of paragraph (f) is limited to a young person who is aged 17 years) the Youth Court
a: release the child or young person; or
b: release the child or young person on bail; or
c: order that the child or young person be delivered into the custody of the parents or guardians or other persons having the care of the child or young person or any person approved by the chief executive
d: subject to section 239(1) chief executive iwi social service, or a cultural social service
e: subject to section 239(2)
f: subject to section 239(2A)
1A:
1B:
1C:
2: If a child or young person appears before the Youth Court charged with the commission of an offence that the Commissioner of Police determines under section 29A
a: before the court makes an order under subsection (1), the prosecutor must—
i: make all reasonable efforts to ascertain the views (if any) each victim has about which of the types of order that may be made under subsection (1) is the most appropriate to be made by the court; and
ii: inform the court of those views; and
b: after the court has made an order under subsection (1), the Commissioner of Police must inform each victim (whether or not the victim's views have been ascertained under paragraph (a)) of—
i: the order made by the court; and
ii: in the case of any order made under subsection (1)﻿(b), any conditions of bail imposed by the court that—
A: relate to the safety and security of the victim or 1 or more members of the victim's immediate family, or of both; or
B: require the child or young person not to associate with, or not to contact, the victim or 1 or more members of the victim's immediate family, or both.
3: Nothing in subsection (2) prevents the court from making an order under subsection (1), even though the court has not been informed of the views of any victim.
4: The court must not refuse bail to a child or young person merely because the court considers that the child or young person is in need of care or protection (as defined in section 14).
5: In this section,— immediate family section 4 specified offence section 29 1974 No 72 s 43(6) 1982 No 135 s 10 Section 238(1) amended 1 July 2019 section 103(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 238(1) amended 1 March 2017 section 261 District Court Act 2016 Section 238(1)﻿(c) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 238(1)﻿(d) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 238(1)﻿(d) amended 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994 Section 238(1)﻿(e) replaced 1 July 2019 section 103(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 238(1)﻿(f) inserted 1 July 2019 section 103(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 238(1A) expired 1 July 2004 section 239A Section 238(1B) expired 1 July 2004 section 239A Section 238(1C) expired 1 July 2004 section 239A Section 238(2) replaced 6 December 2014 section 6 Children, Young Persons, and Their Families Amendment Act 2014 Section 238(3) inserted 6 December 2014 section 6 Children, Young Persons, and Their Families Amendment Act 2014 Section 238(4) inserted 6 December 2014 section 6 Children, Young Persons, and Their Families Amendment Act 2014 Section 238(5) inserted 6 December 2014 section 6 Children, Young Persons, and Their Families Amendment Act 2014
239: Restrictions on power of court to order child or young person to be detained in custody
1: The court shall not make an order under section 238(1)﻿(d) chief executive iwi social service or a cultural social service , or if the order is being considered under section 296F(3)
a: the child or young person is likely to abscond; or
b: the child or young person may commit further offences; or
c: it is necessary to prevent the loss or destruction of evidence relating to the offence with which the child or young person is charged or prevent interference with any witness in respect of any such offence.
2: The court shall not make an order under section 238(1)﻿(e)
a: that the
b: that suitable facilities for the detention in safe custody of that chief executive
2A: The court may make an order under section 238(1)﻿(f)
a: a joint application has been made by the chief executive and the chief executive of the Department of Corrections for the order; and
b: the court is satisfied that the order is necessary to ensure the safety of any young person (as defined in section 2(1)
c: the court is satisfied that a youth unit within a prison is available for the young person to stay in.
3: 1974 No 72 s 43(6) 1982 No 135 s 10 Section 239(1) amended 1 October 2010 section 8 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 239(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 239(1) amended 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994 Section 239(2) amended 1 October 2010 section 7(2) Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 239(2)﻿(a) amended 1 October 2010 section 7(2) Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 239(2)﻿(b) amended 1 October 2010 section 7(2) Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 239(2)﻿(b) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 239(2A) inserted 1 July 2019 section 104 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 239(3) expired 1 July 2004 section 239A
239A: Expiry of sections 238(1A) to (1C), and 239(3)
Section 239A repealed 17 December 2022 section 33 Oranga Tamariki Amendment Act 2022
240: Conditions of bail
1: Where a child or young person is released on bail pursuant to section 238(1)﻿(b)
2: The power conferred by subsection (1) is in addition to the powers conferred on a court by section 30 Section 240(2) replaced 1 January 2001 section 74(2) Bail Act 2000 Section 240(2) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011
241: Review of orders made under section 238
1: The Youth Court section 238
2: Despite subsection (1), unless clearly impracticable, an order made under section 238(1)﻿(e) 1974 No 72 s 43(7) 1982 No 135 s 10 Section 241(1) amended 1 March 2017 section 261 District Court Act 2016 Section 241(2) inserted 1 July 2019 section 105 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
242: Order under section 238 sufficient authority for detention of child or young person
1: The making of an order under section 238(1)﻿(d) chief executive
a: for the detention of the child or young person in a residence under this Act; and
b: for the detention of the child or young person in Police custody for a period of not more than 24 hours at any one time if the chief executive (acting through the chief executive’s constable constable who is of or above the level of position of inspector
i: that the child or young person is likely to abscond or be violent; and
ii: that suitable facilities for the detention in safe custody of that child or young person are not available to the chief executive
1A: The detention of a child or young person in a residence under subsection (1)﻿(a) must be reviewed by the chief executive at least once every 14 days, unless special circumstances apply.
2: The making of an order under section 238(1)﻿(e)
2A: The making of an order under section 238(1)﻿(f)
2B: The detention of a young person in a youth unit of a prison under subsection (2A) must be reviewed by the chief executive at least once every 14 days, unless special circumstances apply.
3: Any delegation by the chief executive of a function or power under subsection (1)﻿(b) 1974 No 72 s 43(8) 1982 No 135 s 10 Section 242(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 242(1)﻿(b) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 242(1)﻿(b) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 242(1)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 242(1)﻿(b) amended 1 October 2008 section 116(b) Policing Act 2008 Section 242(1)﻿(b)﻿(ii) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 242(1A) inserted 1 July 2019 section 106(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 242(2) amended 1 October 2010 section 7(3) Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 242(2A) inserted 1 July 2019 section 106(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 242(2B) inserted 1 July 2019 section 106(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 242(3) inserted 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 242(3) amended 17 December 2022 section 34 Oranga Tamariki Amendment Act 2022
243: Other powers to grant bail not affected
Nothing in section 238 the District Court the Youth Court 1974 No 72 s 43(11) 1982 No 135 s 10 Section 243 amended 1 March 2017 section 261 District Court Act 2016 Powers under Immigration Act 2009 Heading amended 29 November 2010 section 406(1) Immigration Act 2009
244: Immigration Act 2009 (other than sections 342 to 354) not affected
Nothing in sections 214 to 243 Immigration Act 2009 sections 342 to 354 Section 244 replaced 29 November 2010 section 406(1) Immigration Act 2009 Prosecution of children and young persons
245: Proceedings not to be instituted against young person unless youth justice co-ordinator consulted and family group conference held
1: Where a young person is alleged to have committed an offence, and the offence is such that if the young person is charged the young person section 272 the Youth Court no charging document in respect of that offence may be filed
a: the person intending to commence the proceedings
b: consultation in relation to the matter has taken place between—
i: the person intending to commence the proceedings or another person acting on that person's behalf; and
ii: a youth justice co-ordinator; and
c: the matter has been considered by a family group conference convened under this Part.
2: Notwithstanding anything in subparagraph (i) of paragraph (b) of subsection (1), where the person intending to commence the proceedings person intending to commence the proceedings 1974 No 72 s 26 1977 No 126 s 6(1) Section 245(1) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 245(1) amended 1 March 2017 section 261 District Court Act 2016 Section 245(1) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 245(1)﻿(a) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 245(1)﻿(b)﻿(i) replaced 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 245(2) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011
246: Procedure where young person arrested and brought before court
Where a young person is arrested for an offence (other than murder or manslaughter or a traffic offence that is an infringement offence or, in the case of a person aged 17 years, an offence specified in Schedule 1A the Youth Court
a: if, after consulting with the barrister or solicitor representing the young person or with a youth advocate, the young person denies the charge, then the charge shall be dealt with in accordance with sections 273 to 276
b: in any other case the court shall not enter a plea to the charge but shall—
i: direct a youth justice co-ordinator to convene a family group conference in relation to the matter; and
ii: adjourn the proceedings until that family group conference had been held. Section 246 amended 1 July 2019 section 107 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 246 amended 1 March 2017 section 261 District Court Act 2016
247: Youth justice co-ordinator to convene family group conference
Where—
a: pursuant to section 18(3)
b: after any consultations under section 245(1)﻿(b) person intending to commence the proceedings
c: pursuant to section 246(a) section 238(1)﻿(d), (e), or (f)
d: pursuant to section 246(b)﻿(i)
e: a charge against a young person is proved before the Youth Court a youth justice co-ordinator shall, subject to sections 248 to 250 Section 247(b) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 247(c) amended 1 July 2019 section 6 Oranga Tamariki Legislation Act 2019 Section 247(e) amended 1 March 2017 section 261 District Court Act 2016
247A: Family group conference not required, suspended, or discontinued when charges include Schedule 1A offence and non-Schedule 1A offence
1: Section 245
a: a young person aged 17 years is charged with a Schedule 1A offence; and
b: an enforcement officer intends to commence criminal proceedings against the young person for a non-Schedule 1A offence; and
c: the prosecutor intends to seek a determination from the Youth Court under section 276AA(2)
2: If the prosecutor seeks a determination from the Youth Court under section 276AA(2) section 246(b)
a: determines under section 276AA(4)
b: orders that the charge remain and be dealt with in the Youth Court under section 276AC(2)
3: Subsection (4) applies if—
a: a young person aged 17 years is charged with a Schedule 1A offence; and
b: a family group conference has been convened under section 247(b), (c), or (d)
c: either—
i: an enforcement officer intends to commence criminal proceedings for the non-Schedule 1A offence; or
ii: the young person is charged with the non-Schedule 1A offence; and
d: the prosecutor seeks, or intends to seek (in the circumstances of paragraph (c)﻿(i)), a determination from the Youth Court under section 276AA(2)
4: If this subsection applies, the family group conference must be—
a: suspended unless and until the Youth Court—
i: determines under section 276AA(4)
ii: orders that the charge remain and be dealt with in the Youth Court under section 276AC(2)
b: discontinued if the Youth Court transfers the related charge to the District Court or the High Court under section 276AB(1) Section 247A inserted 1 July 2019 section 7 Oranga Tamariki Legislation Act 2019
248: Family group conference not required in certain cases
1: Nothing in section 245(1)﻿(c) section 246(b) section 247(b) section 281
a: the offence is alleged or proved to have been committed on a date that is earlier than the date on which—
i: the young person was convicted and sentenced in the High Court or the District Court
ii: the Youth Court section 283 for any other offence (not being an offence the maximum penalty for which is less than the maximum penalty that may be imposed in respect of the first-mentioned offence); or
b: the young person is subject to a sentence of imprisonment or a community-based sentence (as those terms are defined in section 4(1) Sentencing Act 2002 section 80A paragraphs (k) to (o) of section 283 and, subject to subsection (5), in either case, a youth justice co-ordinator is of the view that the holding of a family group conference would serve no useful purpose, and the family or whanau or family group of the young person agree with that view.
2: Where—
a: a family group conference has been convened pursuant to section 247
b: before the family group conference has made any decision, recommendation, or plan pursuant to section 260 section 247 the family group conference may make in respect of the latter offence any decision, recommendation, or plan that it is empowered to make under section 260
3: Nothing in section 245(1)﻿(c) section 246(b) section 247(b) or (d) or (e) section 281
a: the requirement to convene a conference under any of those sections arose within 6 weeks of the completion of a previous family group conference—
i: that was convened under this Part in respect of any other offence; and
ii: that had the opportunity to consider how that offence should be dealt with; and
b: subject to subsections (4) and (5), a youth justice co-ordinator—
i: is of the view that the holding of a family group conference would serve no useful purpose; and
ii: is satisfied that—
A: the family, whanau, or family group of the young person; and
B: each of the persons who would be entitled to attend a family group conference under any of paragraphs (d) to (n) of section 251 agree with that view.
4: Before forming a view as to whether or not a family group conference would serve a useful purpose under subsection (3), the youth justice co-ordinator shall—
a: consult with—
i: the family, whanau, or family group of the young person concerned; and
ii: the persons who would be entitled to attend the family group conference pursuant to any of paragraphs (d) to (n) of section 251
b: have regard to—
i: the response of the young person to any decisions, recommendations, or plans made or formulated by the previous family group conference; and
ii: the seriousness and extent of the offending alleged or proved to have been committed by the young person and that gives rise to the requirement to hold a family group conference.
5: Before forming a view as to whether or not a family group conference would serve a useful purpose under subsection (1) or subsection (3), the youth justice co-ordinator shall consider whether a family group conference is necessary for the purpose of considering whether the young person should be required to make reparation for any offence. Section 248 replaced 8 January 1995 section 34 Children, Young Persons, and Their Families Amendment Act 1994 Section 248(1)﻿(a)﻿(i) amended 1 March 2017 section 261 District Court Act 2016 Section 248(1)﻿(a)﻿(ii) amended 1 March 2017 section 261 District Court Act 2016 Section 248(1)﻿(b) amended 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 248(1)﻿(b) amended 30 June 2002 section 186 Sentencing Act 2002
248A: Chief executive to appoint youth advocate to represent child or young person if offence punishable by imprisonment of 10 years or more
1: This section applies if—
a: an offence referred to in section 245(1)
b: a youth justice co-ordinator is required to convene a family group conference because they have received a notification under section 247(b)
2: Before the family group conference is convened, the chief executive must appoint a youth advocate to represent the child or young person at the family group conference unless the chief executive is satisfied that legal representation has been arranged (or is to be arranged) for the child or young person in relation to the family group conference.
2A: If an arrangement described in subsection (2) ceases (or fails to come into being), the chief executive must appoint a youth advocate to represent the child or young person at the family group conference.
3: The appointment of (including any eligibility criteria that will apply) and payment of a youth advocate must be made in accordance with any regulations made under section 447(1)﻿(db)
4: Section 324(1) and (3)﻿(b) Section 248A inserted 1 July 2019 section 108 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 248A(1) replaced 17 December 2022 section 35(1) Oranga Tamariki Amendment Act 2022 Section 248A(2) replaced 17 December 2022 section 35(2) Oranga Tamariki Amendment Act 2022 Section 248A(2A) inserted 17 December 2022 section 35(2) Oranga Tamariki Amendment Act 2022
249: Time limits for convening of family group conferences
1: Every family group conference to which section 247(a)
2: Every family group conference to which paragraph (b) of section 247
3: Every family group conference to which section 247(c) section 238(1)﻿(d), (e), or (f)
4: Every family group conference to which section 247(d)
a: where the young person in respect of whom that conference is to be held is detained in custody pursuant to an order under section 238(1)﻿(d), (e), or (f)
b: in any other case, not later than 14 days after the date on which the direction requiring that conference to be held was given.
5: Every family group conference to which section 247(e)
6: Unless there are special reasons why a longer period is required,—
a: every family group conference to which subsection (3) or subsection (4) applies shall be completed within 7 days after it is convened:
b: every other family group conference shall be completed within 1 month after it is convened.
7: Subsection (6) is subject to section 247A(4) Section 249(3) amended 1 July 2019 section 8(1) Oranga Tamariki Legislation Act 2019 Section 249(4)﻿(a) amended 1 July 2019 section 8(2) Oranga Tamariki Legislation Act 2019 Section 249(6) replaced 8 January 1995 section 35 Children, Young Persons, and Their Families Amendment Act 1994 Section 249(7) inserted 1 July 2019 section 8(3) Oranga Tamariki Legislation Act 2019
250: Consultation on convening of family group conference
1: Every youth justice co-ordinator shall, before convening a family group conference pursuant to this Part in respect of a child or young person, make all reasonable endeavours to consult with the child's or young person's family, whanau, or family group in relation to—
a: the date on which, and the time and place at which, the conference is to be held; and
b: the persons who should attend the conference; and
c: the procedure to be adopted at the conference,— and, subject to subsection (2) and to sections 249 251
2: The youth justice co-ordinator shall also make all reasonable endeavours to consult with—
a: any victim of the offence or alleged offence to which the conference relates; and
b: either,—
i: in the case of a conference required to be convened under section 18(3) care or protection order
ii: in the case of any other proceedings or proposed proceedings for the offence or alleged offence to which the conference relates, the prosecutor of, or the person intending to commence in relation to the date on which, and the time and place at which, the conference is to be held, and, in convening the conference, shall take into account, in relation to those matters, the views of the person or persons consulted. Section 250 replaced 8 January 1995 section 36 Children, Young Persons, and Their Families Amendment Act 1994 Section 250(2)﻿(b)﻿(i) amended 1 July 2019 section 109 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 250(2)﻿(b)﻿(ii) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011
251: Persons entitled to attend family group conference
1: Subject to subsection (2), the following persons are entitled to attend a family group conference convened under this Part:
a: the child or young person in respect of whom the conference is held:
b: every person who is—
i: a parent or guardian of, or a person having the care of, that child or young person; or
ii: a member of the family, whanau, or family group of that child or young person:
c: the youth justice co-ordinator who is convening the conference, or any youth justice co-ordinator who is acting for that person:
d: the prosecutor or the person intending to commence
e: if the prosecutor or the person intending to commence
f: any victim of the offence or alleged offence to which the conference relates, or a representative of that victim:
g: any barrister or solicitor or youth advocate or lay advocate representing the child or young person:
h: the chief executive
i: the chief executive
ii: the chief executive has the role of providing day-to-day care for the child or young person under the Care of Children Act 2004 Part 2
iii: the chief executive section 91
iv: the young person is under the supervision of the chief executive section 283(k) section 307 section 311
i: a representative of an iwi social service, of a cultural social service, or of the director of a child and family support service, if that service or that director—
i: is a guardian of the child or young person; or
ii: has the role of providing day-to-day care for the child or young person under the Care of Children Act 2004 Part 2
j: if the young person is subject to a community-based sentence (as that term is defined in section 4(1) section 80A
i: a probation officer:
ii: in the case of a young person who is subject to a sentence of community work (within the meaning of that Act), a representative of the agency on whose behalf the young person is required to perform any work for the purposes of the sentence:
iii: in the case of a young person who is subject to a sentence of supervision, intensive supervision, or a sentence of home detention (within the meaning of that Act), any person or agency, or a representative of any person or agency, that provides any course or conducts any programme that the young person is required to undertake as a condition of the sentence or to undergo under the sentence:
k: if the child or young person is under the guardianship of the court under the Care of Children Act 2004
l: where the child or young person is subject to an order made under section 91
m: where the young person is under the supervision of any person (not being the chief executive section 283(k) section 307
n: where a community work order made under section 283(l) chief executive
o: any other person whose attendance at that conference is in accordance with the wishes of the family, whanau, or family group of the child or young person as expressed under section 250
1A: A person referred to in subsection (1) who does not, for any reason, attend any meeting of a family group conference is not solely by reason of that non-attendance precluded from attending any subsequent meeting of that family group conference, or any meeting of the family group conference reconvened under section 270
2: If, under subsection (1)﻿(f), a victim of an offence or alleged offence attends a family group conference in person or, as the case may be, by a representative, that victim or representative may be accompanied by any reasonable number of persons (being members of the victim's or representative's family, whanau, or family group, or any other persons) who attend the conference for the purpose only of providing support to that victim or representative.
3: A person who attends a family group conference pursuant to subsection (2) shall not be a member of the conference.
4: No person who attends a family group conference pursuant to any of paragraphs (c) to (n) (other than paragraph (k)) of subsection (1) or pursuant to subsection (2) is entitled to be present during any discussions or deliberations held among the members of the family, whanau, or family group of the child or young person in respect of whom the conference is held, unless those members request that person to attend. Section 251(1)﻿(d) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 251(1)﻿(e) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 251(1)﻿(h) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 251(1)﻿(h)﻿(i) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 251(1)﻿(h)﻿(ii) replaced 1 July 2005 section 151 Care of Children Act 2004 Section 251(1)﻿(h)﻿(iii) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 251(1)﻿(h)﻿(iv) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 251(1)﻿(i) replaced 1 July 2005 section 151 Care of Children Act 2004 Section 251(1)﻿(j) replaced 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 251(1)﻿(k) replaced 3 June 1998 Guardianship Amendment Act 1998 Section 251(1)﻿(k) amended 1 July 2005 section 151 Care of Children Act 2004 Section 251(1)﻿(m) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 251(1)﻿(n) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 251(1A) inserted 6 December 2014 section 7(1) Children, Young Persons, and Their Families Amendment Act 2014 Section 251(2) replaced 6 December 2014 section 7(2) Children, Young Persons, and Their Families Amendment Act 2014 Section 251(3) inserted 8 January 1995 section 37 Children, Young Persons, and Their Families Amendment Act 1994 Section 251(4) inserted 8 January 1995 section 37 Children, Young Persons, and Their Families Amendment Act 1994
252: Child or young person in custody to be permitted to attend family group conference
1: Any child or young person who is entitled to attend a family group conference pursuant to section 251(1)﻿(a) chief executive prison
2: Nothing in subsection (1) entitles any child or young person to whom this section applies to attend a family group conference otherwise than subject to such reasonable conditions as may be necessary to prevent the child or young person from absconding while the child or young person is attending that conference.
3: Where a child or young person to whom this section applies is entitled to attend a family group conference and wishes to do so, the person having the custody of the child or young person shall, without further authority than this section, cause that child or young person to be taken to the place where that conference is to be held for the purpose of attending the conference. Section 252(1) amended 1 June 2005 section 206 Corrections Act 2004 Section 252(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
253: Notification of convening of family group conference
1: Subject to subsection (2), every youth justice co-ordinator who convenes a family group conference shall take all reasonable steps to ensure that notice of the date on which, and the time and place at which, the conference is to be held is given to every person who is entitled to attend that conference.
2: No notice is required to be given pursuant to subsection (1) to any person whose whereabouts cannot, after reasonable enquiries, be ascertained.
3: Every notice required by subsection (1) shall be given a reasonable time before the conference is to be held.
4: Failure to notify any person in accordance with this section shall not affect the validity of the proceedings of a family group conference unless it is shown that the failure is likely to have materially affected the outcome of that conference.
254: Youth justice co-ordinator to ascertain views of persons unable to attend family group conference
1: Every youth justice co-ordinator who convenes a family group conference shall take all reasonable steps to ascertain the views of any person who is entitled to attend the conference but who has notified the youth justice co-ordinator that they are
2: Where, in respect of any family group conference, a youth justice co-ordinator ascertains the views of any person pursuant to subsection (1), that co-ordinator shall ensure that those views are made known at that conference. Section 254(1) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
255: Youth justice co-ordinator must ensure that relevant information and advice made available to family group conference
1: Every youth justice co-ordinator who convenes a family group conference must take all reasonable steps to ensure that all information and advice the co-ordinator considers is required by the conference to carry out its functions (including information and advice relating to the health and education needs of every child or young person in respect of whom the conference is convened) is made available to the conference.
2: If it is appropriate for any person to attend a family group conference for the purpose of conveying to that conference any information or advice required by that conference to carry out its functions, that person may attend that conference for that purpose, but may otherwise attend the conference only with the agreement of the conference.
3: Subsection (2) is subject to section 251 Section 255 replaced 1 October 2010 section 9 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010
256: Procedure at family group conference
1: Subject to this Part, a family group conference may regulate its procedure in such manner as it thinks fit.
2: Subject to sections 5(1)﻿(b)﻿(v) 249(6) Section 256(2) amended 1 July 2019 section 110 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
257: Department to provide administrative services to family group conferences
The department shall provide such administrative services as may be necessary to enable a family group conference to discharge its functions.
258: Functions of family group conference
1: A family group conference convened under section 247
a: where the conference is convened under paragraph (a) of that section,—
i: to consider, in relation to the child in respect of whom the conference was convened, such matters relating to the care or protection or well-being
ii: sections 4A(1) 5 13
b: where the conference is convened in relation to an alleged offence in respect of which proceedings have not been commenced under this Part, to consider whether the young person should be prosecuted for that offence or whether the matter can be dealt with in some other way, and to recommend to the relevant enforcement agency accordingly:
ba: if the conference is convened under section 247(b) or (d)
i: if the conference is convened under section 247(b) section 272(1)﻿(b) or (c) Part 4
ii: whether the child is in need of care or protection on the ground specified in section 14(1)﻿(e) Part 2 care or protection order
c: where the young person in respect of whom the conference is convened is detained in the custody of the chief executive
d: where the conference is convened in relation to an offence in respect of which proceedings have been commenced under this Part, to consider whether the offence alleged to have been committed by that young person should be dealt with by the court or whether the matter can be dealt with in some other way, and to recommend to the court accordingly:
e: where the charge against the young person is admitted or proved, to consider how the young person should be dealt with for that offence, and to recommend to the court accordingly.
2: If a family group conference is convened under section 247(a), (b), (d), or (e)
3: The family group conference must, when carrying out its functions, consider what reasonable and practical measures or assistance could be taken or provided to support the child or young person—
a: with the implementation of a plan; or
b: in complying with an order made or that may be made by the Youth Court. Section 258(1)﻿(a)﻿(i) amended 17 December 2022 section 36(1) Oranga Tamariki Amendment Act 2022 Section 258(1)﻿(a)﻿(ii) amended 17 December 2022 section 36(2) Oranga Tamariki Amendment Act 2022 Section 258(1)﻿(a)﻿(ii) amended 1 July 2019 section 111(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 258(1)﻿(ba) inserted 1 October 2010 section 10 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 258(1)﻿(ba)﻿(ii) amended 1 July 2019 section 111(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 258(1)﻿(c) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 258(2) inserted 1 July 2019 section 111(3) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 258(3) inserted 1 July 2019 section 111(3) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
259: Family group conference to ascertain whether child or young person admits offence
1: Every family group conference convened under this Part (other than a family group conference convened under paragraph (c) or paragraph (e) of section 247
2: Where the child or young person does not admit the offence, or the family group conference is unable to ascertain whether the child or young person admits the offence, the conference shall not make or formulate any decision, recommendation, or plan if that decision, recommendation, or plan cannot be made or formulated without assuming that the child or young person committed the offence.
259A: Family group conference must consider attendance at parenting education, mentoring, and alcohol or drug rehabilitation programmes
Every family group conference convened under this Part must, in complying with section 208(fa)
a: whether the young person should be required to attend all or any of the following:
i: a parenting education programme:
ii: a mentoring programme:
iii: an alcohol or drug rehabilitation programme; and
b: whether a parent or guardian or other person having the care of the young person should be required to attend a parenting education programme. Section 259A inserted 1 October 2010 section 11 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010
260: Family group conference may make decisions and recommendations and formulate plans
1: Subject to section 259(2)
2: Except as provided in section 258(1)﻿(a)﻿(ii) section 208
3: Without limiting the generality of subsection (1), a family group conference may—
a: recommend that any proceedings commenced against the child or young person for any offence should proceed or be discontinued:
b: recommend that a formal Police caution should be given to the child or young person:
ba: recommend that a restorative justice action or actions be undertaken:
c: recommend that an application for a care or protection order
d: recommend appropriate penalties that might be imposed on the young person:
e: recommend that the child or young person make reparation to any victim of the offence. Section 260(3)﻿(ba) inserted 1 July 2019 section 112(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 260(3)﻿(c) amended 1 July 2019 section 112(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
261: Family group conference may make decisions, recommendations, and plans relating to care or protection
or well-being
1: If a family group conference convened under this Part considers matters relating to the care or protection or well-being of a child or young person for whom the conference is held, the family group conference may, if it has received information and advice on care or protection matters under section 255(1)
2: Every such decision, recommendation, or plan shall be deemed to have been made or formulated pursuant to section 29 sections 29A to 38
3: Every family group conference to which this section applies shall be deemed, for the purposes of Parts 2 3 Part 2 Section 261 heading amended 17 December 2022 section 37(1) Oranga Tamariki Amendment Act 2022 Section 261(1) replaced 17 December 2022 section 37(2) Oranga Tamariki Amendment Act 2022 Section 261(2) amended 30 June 2016 section 32 Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014
262: Youth justice co-ordinator to make record of decisions, recommendations, and plans of family group conference
Every youth justice co-ordinator who convenes a family group conference shall cause to be made a written record of the details of the decisions and recommendations made, and the plans formulated, by that conference pursuant to section 260 section 261
263: Youth justice co-ordinator to seek agreement to decisions, recommendations, and plans of family group conference
1: Where a family group conference makes any decision or recommendation, or formulates any plan, pursuant to section 260
a: where the conference was convened under section 247(a)
i: communicate that decision, recommendation, or plan to that enforcement officer (or any person acting for that enforcement officer), and to every person who will be directly involved in the implementation of the decision, recommendation, or plan; and
ii: seek the agreement of that enforcement officer (or any person acting for that enforcement officer), and of every other person to whom that decision, recommendation, or plan is communicated pursuant to subparagraph (i), to that decision, recommendation, or plan:
b: where the conference was convened under section 247(b)
i: communicate that decision, recommendation, or plan to the prosecutor or the person intending to commence person
ii: seek the agreement of that person, and of every other person to whom that decision, recommendation, or plan is communicated pursuant to subparagraph (i), to that decision, recommendation, or plan:
c: where the conference was convened under section 247(c)
2: Where, pursuant to paragraph (a)﻿(i) or paragraph (b)﻿(i) of subsection (1), a youth justice co-ordinator meets with any person for the purpose of communicating to that person any decision, recommendation, or plan made or formulated by a family group conference, the youth justice co-ordinator may be accompanied by a person nominated by that family group conference.
3: Where a youth justice co-ordinator is unable to secure agreement, under subsection (1), to a decision, recommendation, or plan made or formulated by a family group conference, the youth justice co-ordinator may reconvene that conference for the purpose of enabling that conference to reconsider that decision, recommendation, or plan.
4: Any family group conference reconvened under subsection (3) may confirm, rescind, or modify its previous decision, recommendation, or plan, or rescind its previous decision, recommendation, or plan and make or formulate a new decision, recommendation, or plan.
5: Any decision, recommendation, or plan confirmed or modified under subsection (4), and any new decision, recommendation, or plan made or formulated under that subsection, shall be deemed to have been made or formulated pursuant to section 260 Section 263(1)﻿(b)﻿(i) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011
264: Procedure where no agreement possible
1: Where—
a: the members of a family group conference are unable to agree on what decisions, recommendations, or plans should be made in relation to the child or young person in respect of whom the conference was convened; or
b: a youth justice co-ordinator is unable to secure agreement under section 263 the youth justice co-ordinator who convened the conference shall—
c: adjourn the proceedings of the family group conference; and
d: where the conference was convened under section 247(a)
e: where the conference was convened under section 247(d)
2: Where a youth justice co-ordinator makes a report under subsection (1)﻿(d) to an enforcement agency, any enforcement officer may take such action under this Act as that officer considers appropriate.
265: Records of decisions, recommendations, and plans of family group conference to be made available to interested persons
1: Every youth justice co-ordinator who convenes a family group conference shall ensure that a copy of every record made pursuant to section 262
a: the child or young person in respect of whom the conference was convened; and
b: every person who is a parent or guardian of that child or young person or has the care of that child or young person; and
c: any barrister or solicitor, youth advocate, or lay advocate representing the child or young person; and
d: the prosecutor or the person intending to commence
e: if the prosecutor or the person intending to commence
f: any victim of the offence or alleged offence in respect of which the conference was held; and
g: any other person who is or will be directly affected by any decision, recommendation, or plan detailed in that record; and
h: where there is an appropriate iwi social service or cultural social service with respect to the child or young person, that social service.
2: Where the child or young person is the subject of proceedings under this Part or Part 2 section 262 Section 265(1)﻿(d) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 265(1)﻿(e) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 265(1)﻿(h) replaced 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994
266: Department to maintain records of proceedings of family group conferences
1: Every written record made pursuant to section 262
2: The following persons shall have access to any such record:
a: any person who is required, by section 265
b: any youth justice co-ordinator:
c: the chief executive
d: any other person who, in the opinion of a youth justice co-ordinator, has a genuine and proper interest in the matter.
3: Nothing in this section limits or affects the Official Information Act 1982 Section 266(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 266(2)﻿(c) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016
267: Enforcement agencies to comply with decisions, recommendations, and plans of family group conference
Where—
a: any decision, recommendation, or plan is made or formulated by a family group conference under section 260
b: agreement to that decision, recommendation, or plan has been secured under section 263
c: that decision, recommendation, or plan relates to any offence alleged or proved to have been committed by the young person in respect of whom that conference was held; and
d: the implementation of that decision, recommendation, or plan involves any action on the part of any enforcement agency,— unless the enforcement agency considers that it is impracticable, unreasonable, sections 5 208 Section 267 amended 30 June 2016 section 33 Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014
268: Chief executive
1: Where—
a: any decision, recommendation, or plan is made or formulated by a family group conference under section 260
b: the implementation of that decision, recommendation, or plan involves any action on the part of the chief executive the chief executive the chief executive considers that it is impracticable, unreasonable, sections 5 208
2: Where the chief executive it is impracticable, unreasonable, sections 5 208 chief executive
3: Sections 250 to 269 Section 268 heading amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 268(1) amended 30 June 2016 section 34(1) Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 268(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 268(1)﻿(b) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 268(2) amended 30 June 2016 section 34(2) Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 268(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
269: Chief executive The chief executive section 260 Section 269 heading amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 269 amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
269A: Chief executive to ascertain whether victims wish to be informed of progress in implementing decisions, recommendations, and plans
1: This section applies to any action or steps to be taken or completed by the child or young person in respect of whom a family group conference was convened—
a: under any decision, recommendation, or plan made or formulated by the family group conference and to which agreement is obtained under section 263
b: by way of penalty or reparation for an offence.
2: The chief executive must take reasonable steps—
a: to ascertain whether the victim of the offence wishes to be notified of the child’s or young person’s progress in taking that action or completing those steps; and
b: if so, to ensure that the victim of the offence is notified from time to time of that progress.
3: The chief executive’s duty under subsection (2) must be performed by another person if that other person—
a: was nominated for the purpose by the family group conference; and
b: has agreed to perform that duty. Section 269A inserted 1 October 2010 section 13 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010
270: Family group conference may reconvene to review its decisions, recommendations, and plans
1: Where any decision, recommendation, or plan is made or formulated by a family group conference pursuant to this Part, a youth justice co-ordinator may from time to time, at that co-ordinator's own motion or at the request of at least 2 members of that conference, reconvene that conference for the purpose of reviewing that decision, recommendation, or plan.
1A: However, for the purpose of reviewing a decision, recommendation, or plan made or formulated by a family group conference under section 261
a: must reconvene the conference if required to do so by the chief executive
b: may reconvene the conference at any time, at the co-ordinator's own motion or at the request of at least 2 members of that conference.
1B: The chief executive section 34
1C: An iwi social service, a cultural social service, or the director of a child and family support service may require a youth justice co-ordinator to reconvene a family group conference under subsection (1A)﻿(a) only if the service is directly involved in the implementation of the decision, recommendation, or plan to be reviewed and has agreed to it under section 30
2: Sections 250 to 269 Section 270(1A) inserted 30 June 2016 section 35 Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 270(1A)﻿(a) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 270(1B) inserted 30 June 2016 section 35 Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 270(1B) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 270(1C) inserted 30 June 2016 section 35 Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014
271: Proceedings of family group conference privileged and not to be published
Sections 37 38 Jurisdiction of Youth Court Heading amended 1 March 2017 section 261 District Court Act 2016
272: Jurisdiction of
Youth Court and children's liability to be prosecuted for criminal offences
1: The following are the only 3 situations in which proceedings may lawfully be commenced under the Criminal Procedure Act 2011
a: where the child is of or over the age of 10 years, and the offence is murder or manslaughter:
b: where the child is aged 12 or 13 years, and the offence is one (other than murder or manslaughter) for which the maximum penalty available is or includes imprisonment for life or for at least 14 years:
c: where the child is aged 12 or 13 years and is a previous offender under subsection (1A) or (1B), and the offence is one (other than murder or manslaughter) for which the maximum penalty available is or includes imprisonment for at least 10 years but less than 14 years.
1A: A child is a previous offender under this subsection for the purposes of subsection (1)﻿(c) if—
a: an application is made to the Family Court for a care or protection order well-being
b: on that application the Family Court, having found 1 or more of the offences alleged in the application (the earlier offences section 198(1)﻿(a) and (b)
i: makes a care or protection order on that ground; or
ii: indicates clearly that, but for section 73 care or protection order
c: for 1 or more of the earlier offences the maximum penalty available is or includes imprisonment for life or for at least 10 years.
1B: A child is a previous offender under this subsection for the purposes of subsection (1)﻿(c) if—
a: the child has been convicted by the High Court of murder or manslaughter; or
b: the child, as a result of an election of jury trial made by the child in the Youth Court section 66 or section 50 the District Court
c: the child has been charged with, and the Youth Court
2: If a child of or over the age of 10 years is charged with murder or manslaughter, the provisions of this Act (other than sections 236 238(1)﻿(e) 239(2) 242(2) 276 277 365(1)
2A: If a child aged 12 or 13 years is charged with an offence specified in subsection (1)﻿(b) or (c) and proceedings under the Criminal Procedure Act 2011
a: the child must be brought before the Youth Court
b: the provisions of this Act, and of any regulations made under this Act, apply accordingly as if that child were a young person but subject to the modifications in section 272A
3: Any young person charged with an offence other than—
a: murder; or
b: manslaughter; or
baa: if the young person is aged 17 years, an offence specified in Schedule 1A
ba: an infringement offence against the Psychoactive Substances Act 2013
bb: an infringement offence against the COVID-19 Public Health Response Act 2020
c: a traffic offence that is an infringement offence; or
d: an infringement offence against the Sale and Supply of Alcohol Act 2012 Summary Offences Act 1981 section 239A shall be brought before the Youth Court
4: If a young person is charged with murder or manslaughter, section 275
4A: If a young person aged 17 years is charged with an offence specified in Schedule 1A
a: sections 275 276AA to 276AC 276A
b: sections 274 276
5: Notwithstanding subsection (3)﻿(ba), (bb), (c), or (d), where a young person is charged with an infringement offence referred to in subsection (3)﻿(ba) or an infringement offence against the COVID-19 Public Health Response Act 2020 the Youth Court that charge
a: the young person is charged with any other offence, being an offence in respect of which the young person is required to be brought before the Youth Court
b: both offences arise out of the same event or series of events; and
c: the court considers—
i: that it is desirable that the charges be heard together; or
ii: that the charges can be conveniently heard together.
6: Subsection (3)﻿(baa) is subject to section 277 1974 No 72 s 25(2)–(4) 1977 No 126 s 5 Section 272 heading amended 1 March 2017 section 261 District Court Act 2016 Section 272 heading amended 1 October 2010 section 14(1) Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 272(1) replaced 1 October 2010 section 14(2) Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 272(1) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 272(1A) inserted 1 October 2010 section 14(2) Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 272(1A)﻿(a) amended 1 July 2019 section 113(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 272(1A)﻿(a) amended 1 July 2019 section 113(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 272(1A)﻿(a) amended 1 March 2017 section 261 District Court Act 2016 Section 272(1A)﻿(b)﻿(i) replaced 17 December 2022 section 38 Oranga Tamariki Amendment Act 2022 Section 272(1B) inserted 1 October 2010 section 14(2) Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 272(1B)﻿(b) amended 1 March 2017 section 261 District Court Act 2016 Section 272(1B)﻿(b) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 272(1A)﻿(b)﻿(ii) amended 1 July 2019 section 113(3) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 272(1B)﻿(c) amended 1 March 2017 section 261 District Court Act 2016 Section 272(2) replaced 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 272(2A) inserted 1 October 2010 section 14(2) Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 272(2A) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 272(2A)﻿(a) amended 1 March 2017 section 261 District Court Act 2016 Section 272(3) amended 1 March 2017 section 261 District Court Act 2016 Section 272(3) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 272(3)﻿(baa) inserted 1 July 2019 section 113(4) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 272(3)﻿(ba) inserted 18 July 2013 section 109(2) Psychoactive Substances Act 2013 Section 272(3)﻿(bb) inserted 13 May 2020 section 41(1) COVID-19 Public Health Response Act 2020 Section 272(3)﻿(c) replaced 1 July 2019 section 113(5) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 272(3)﻿(d) inserted 18 December 2013 section 416(2) Sale and Supply of Alcohol Act 2012 Section 272(4) replaced 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 272(4A) inserted 1 July 2019 section 113(6) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 272(4A)﻿(a) amended 1 July 2019 section 9(1) Oranga Tamariki Legislation Act 2019 Section 272(5) amended 13 May 2020 section 41(2) COVID-19 Public Health Response Act 2020 Section 272(5) amended 1 March 2017 section 261 District Court Act 2016 Section 272(5) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 272(5)﻿(a) amended 1 March 2017 section 261 District Court Act 2016 Section 272(6) inserted 1 July 2019 section 9(2) Oranga Tamariki Legislation Act 2019
272A: Modifications and procedure for child aged 12 or 13 years charged with offence in section 272(1)﻿(b) or (c)
1: The modifications referred to in section 272(2A)﻿(b) section 272(1)﻿(b) or (c)
a: sections 236 238(1)﻿(e) 239(2) 242(2) 365(1) section 272(2A)﻿(b)
b: sections 276(1)﻿(a) 277
c: section 282(1) the Youth Court a charge even if the offence is a category 4 offence
d: a reference in this Act or regulations under it to the charge against the child being proved before the Youth Court
i: that the act or omission constituting the offence charged was wrong; or
ii: that it was contrary to law.
2:
3:
4:
5:
6: Section 272A inserted 1 October 2010 section 15 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 272A(1)﻿(b) replaced 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 272A(1)﻿(c) amended 1 March 2017 section 261 District Court Act 2016 Section 272A(1)﻿(c) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 272A(1)﻿(d) amended 1 March 2017 section 261 District Court Act 2016 Section 272A(2) repealed 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 272A(3) repealed 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 272A(4) repealed 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 272A(5) repealed 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 272A(6) repealed 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011
273: Manner of dealing with offences (other than
murder, manslaughter, or offence specified in Schedule 1A
1: This section applies if a young person is charged with an offence other than—
a: murder or manslaughter; or
b: in the case of a young person who is aged 17 years,—
i: murder or manslaughter; or
ii: an offence specified in Schedule 1A
2: The Youth Court
a: the offence is a category 3 or 4 offence and the young person elects trial by jury; or
b: the court discharges the charge under section 282
c: the charge is removed out of the Youth Court under section 276AB(1) 277
3: Subsection (2) is subject to section 272 1974 No 72 s 34(1) Section 273 replaced 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 273 heading amended 17 December 2022 section 39(1) Oranga Tamariki Amendment Act 2022 Section 273(1) replaced 17 December 2022 section 39(2) Oranga Tamariki Amendment Act 2022 Section 273(2) amended 1 March 2017 section 261 District Court Act 2016 Section 273(2)﻿(c) amended 1 July 2019 section 10 Oranga Tamariki Legislation Act 2019
274: Young person may elect trial by jury in certain cases
1: If a young person is charged with a category 3 or 4 offence, other than murder or manslaughter, the young person may elect to be tried by a jury for that offence.
2: The young person's election must be made and dealt with under section 50 Section 274 replaced 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011
275: Manner of dealing with offence of murder or manslaughter,
or Schedule 1A offence,
1: This section applies if a young person—
a: is charged with murder or manslaughter; or
b: is charged with a category 3 or 4 offence, other than murder or manslaughter, and elects to be tried by a jury; or
ba: is aged 17 years and is charged with an offence specified in Schedule 1A
c: is to have a jury trial and be tried with a person with whom the young person section 277
2: All applicable pre-trial processes must take place before the Youth Court including,
a: subject to paragraphs (aa) and (ab), the proceeding section 57(3)﻿(b)
aa: in the case of a young person aged 17 years charged with a category 3 offence specified in Schedule 1A Criminal Procedure Act 2011
ab: in the case of a young person aged 17 years charged with a category 4 offence specified in Schedule 1A section 36(2)
b: in the case of a charge of murder or manslaughter, transferring the proceeding to the High Court in accordance with section 36(2)
2A: However, if a young person aged 17 years charged with a Schedule 1A offence is jointly charged with a child or young person (other than a young person aged 17 years charged with a Schedule 1A offence), the proceeding must not be transferred to the District Court or the High Court unless—
a: 1 or more defendants elect jury trial and the co-defendants are to be tried together, in which case the proceeding must be transferred only after an adjournment for trial callover in accordance with subsection (2)﻿(a); or
b: the defendants are to be tried separately, in which case the proceeding against the young person aged 17 years charged with a Schedule 1A offence must be transferred immediately following the determination that the defendants are to be tried separately, but after that young person’s first appearance, in accordance with subsection (2)﻿(aa) or (ab); or
c: 1 or more co-defendants are charged with murder or manslaughter, in which case subsection (2)﻿(b) applies.
3: For the purposes of the pre-trial processes referred to in subsection (2),—
a: the Youth Court the District Court
b: the Youth Court must be presided over by a Youth Court Judge, or, in the absence of a Youth Court Judge, by a District Court Judge.
4: In this section, applicable pre-trial processes include all applicable processes under subparts 1 to 4
5: For the purpose of subsection (4), sections 60 to 62(1) 62(3) to 65 116 Schedule 1
6: This section is subject to section 276 1974 No 72 s 34(2)﻿(a), (b) Section 275 replaced 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 275 heading amended 1 July 2019 section 115(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 275(1)﻿(ba) inserted 1 July 2019 section 115(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 275(1)﻿(c) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 275(2) amended 1 July 2019 section 115(3) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 275(2) amended 1 March 2017 section 261 District Court Act 2016 Section 275(2)﻿(a) amended 1 July 2019 section 115(4) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 275(2)﻿(a) amended 1 July 2019 section 115(5) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 275(2)﻿(aa) inserted 1 July 2019 section 115(6) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 275(2)﻿(ab) inserted 1 July 2019 section 115(6) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 275(2A) inserted 1 July 2019 section 11 Oranga Tamariki Legislation Act 2019 Section 275(3)﻿(a) amended 1 March 2017 section 261 District Court Act 2016
276: Child or young person may forgo right to jury trial and elect to have proceedings determined by Youth Court
1: This section applies if—
a: a child aged 12 or 13 years charged with an offence specified in section 272(1)﻿(b) or (c)
b: a young person charged with a category 3 or 4 offence, other than murder or manslaughter, elects trial by jury.
2: The child or young person may, without leave of the court, withdraw that election at any time before the proceeding is transferred to the trial court after an adjournment for trial callover in accordance with section 57(3)﻿(b) the child or young person
3: If the Youth Court proposes to adjourn the proceeding for trial callover, or the child or young person at any time before the proceeding is adjourned for trial callover indicates to the court that they wish in the Youth Court
4: If a young person elects to have the charge heard and determined in the Youth Court
5: If a child elects to have the charge heard and determined in the Youth Court the child section 272A(1)﻿(a), (c), and (d) Section 276 replaced 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 276(2) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 276(3) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 276(3) amended 1 March 2017 section 261 District Court Act 2016 Section 276(4) amended 1 March 2017 section 261 District Court Act 2016 Section 276(5) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 276(5) amended 1 March 2017 section 261 District Court Act 2016
276AA: Youth Court determination whether charge related to charge for Schedule 1A offence
1: This section applies to a young person aged 17 years who is charged with a Schedule 1A offence and a non-Schedule 1A offence.
2: The prosecutor may seek a determination from the Youth Court that the charge for the non-Schedule 1A offence is related to the charge for the Schedule 1A offence.
3: If the prosecutor intends to seek a determination, the prosecutor must do so as soon as practicable after the later of the charges is filed.
4: If the prosecutor seeks a determination under subsection (2), the Youth Court must determine the matter.
5: In making a determination, the court may take into consideration—
a: any agreement of the parties:
b: written or oral submissions of the parties.
6: For the purpose of this section,—
a: a charge ( B A
b: a series of incidents is determined by—
i: the time at which they occurred:
ii: the overall nature of the alleged offending:
iii: any other relationship between the alleged offending that the court considers relevant. Section 276AA inserted 1 July 2019 section 12 Oranga Tamariki Legislation Act 2019
276AB: Transfer of related charge to District Court or High Court
1: If the Youth Court determines under section 276AA(4)
2: A reference in the Criminal Procedure Act 2011 section 138
3: Section 138(1) to (3)
4: Subsection (1) is subject to sections 276AC 277 Section 276AB inserted 1 July 2019 section 12 Oranga Tamariki Legislation Act 2019
276AC: Hearing of related charge when guilty plea to charge for Schedule 1A offence
1: This section applies to a charge for a non-Schedule 1A offence that the Youth Court has determined under section 276AA(4)
2: If the young person aged 17 years pleads guilty to the charge for the Schedule 1A offence, the related charge must be dealt with in the District Court or the High Court unless a court orders that it is in the interests of justice that the related charge be dealt with in the Youth Court.
3: An order under subsection (2) may be made—
a: by the Youth Court before the related charge is transferred to the District Court or the High Court; or
b: by the District Court or the High Court if the related charge has been transferred to either court. Section 276AC inserted 1 July 2019 section 12 Oranga Tamariki Legislation Act 2019
276A: Transfer of proceeding back to Youth Court
1: This section applies if a proceeding has been transferred from the Youth Court to the District Court or the High Court under section 275 276AB(1)
a: the circumstances or reasons for the transfer of the proceeding no longer apply; and
b: the charge or charges are within the jurisdiction of the Youth Court.
2: The District Court or the High Court must transfer the proceeding back to the Youth Court to be dealt with in that court, unless the interests of justice require the proceeding to remain, and be dealt with, in either of those courts.
3: The transfer of the proceeding may occur at any time before sentencing.
4: For the purpose of subsection (1)﻿(a), in relation to a proceeding for a related charge that is joined to a proceeding under section 276AB(1)
a: the young person has been found not guilty of the Schedule 1A offence in the District Court or the High Court; or
b: the charge for the Schedule 1A offence is to be heard separately under section 138(4) section 146 section 147
c: the District Court or the High Court has made an order under section 276AC(2)
5: For the purposes of sections 283 293A 294 297 298 307 308A 311 334
6: Although subsection (5) does not apply to section 281 section 281B Section 276A inserted 1 July 2019 section 116 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 276A(1) amended 1 July 2019 section 13(1) Oranga Tamariki Legislation Act 2019 Section 276A(3) inserted 1 July 2019 section 13(2) Oranga Tamariki Legislation Act 2019 Section 276A(4) inserted 1 July 2019 section 13(2) Oranga Tamariki Legislation Act 2019 Section 276A(5) inserted 1 July 2019 section 13(2) Oranga Tamariki Legislation Act 2019 Section 276A(6) inserted 1 July 2019 section 13(2) Oranga Tamariki Legislation Act 2019
277: Provisions applicable where child, young person, or adult jointly charged
1: If a child or young person is charged with any offence jointly with any other person or persons (whether 1 or more young persons, adults, or children), this section applies.
2: If a child is jointly charged with any other person or persons, and that child is not charged with murder or manslaughter or does not elect jury trial, that child must be tried in the Youth Court along with any co-defendants who are also not to have a jury trial.
3: If a child is jointly charged with any other person or persons, and that child is to have a jury trial, that child must be tried in the same court as any co-defendants who are also to have a jury trial.
4: Subsection (5) applies if a young person is jointly charged with any 1 or more of—
a: an adult who is to have a jury trial; or
b: another young person who is to have a jury trial; or
c: a child who is to have a jury trial.
5: Subject to subsections (2) and (3), the young person must be tried with the person or persons with whom he or she is jointly charged and who are to have a jury trial, and by the same court that is to try those persons unless the Youth Court, in the interests of justice, orders otherwise.
6: Subject to subsections (2) and (3), if an adult is jointly charged with 1 or more children or young persons, the following provisions apply:
a: if any of the co-defendants is to have a jury trial, the adult must be tried with that person in the same court; and
b: if none of the co-defendants is to have a jury trial, and the adult either does not or is not eligible to elect to be tried by a jury, the adult must be tried with the co-defendants in the Youth Court, unless the Youth Court, in the interests of justice, orders otherwise.
7: If none of subsections (2), (3), (5), and (6) applies, the persons charged must be tried in the Youth Court
8: In any proceedings to which this section applies, the powers of any Youth Court Judge in respect of any defendant who is not a child or young person are limited to such powers as are exercisable by the Youth Court Judge as a District Court Judge elsewhere than in the Youth Court
9: If any defendant, not being a child or young person, is convicted in the Youth Court
a: any sentence imposed or order made must be one that could have been imposed or made if that defendant had been convicted following a trial in the District Court
b: that defendant must for all purposes, including section 184 the District Court
10: If an adult is tried with a child or young person in the Youth Court under subsection (6)﻿(b) or (7), the following apply in respect of the adult, with the necessary modifications:
a: all applicable pre-trial processes under subparts 1 to 3
b: sections 60 to 62(1) 62(3) to 65 116
11: This section is subject to sections 272A 274 275
12: For the purpose of this section,— adult young person Section 277 replaced 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 277(7) amended 1 March 2017 section 261 District Court Act 2016 Section 277(8) amended 1 March 2017 section 261 District Court Act 2016 Section 277(9) amended 1 March 2017 section 261 District Court Act 2016 Section 277(9)﻿(a) amended 1 March 2017 section 261 District Court Act 2016 Section 277(9)﻿(b) amended 1 March 2017 section 261 District Court Act 2016 Section 277(12) inserted 1 July 2019 section 14 Oranga Tamariki Legislation Act 2019
277A: Place and level of trial court for jury trial
1: This section applies if a young person is to be tried by a jury.
2: If the offence with which the young person is charged is a category 4 offence, the trial must take place in the High Court at the place nearest to the Youth Court from which the proceedings are to be transferred.
3: If the offence with which the young person is charged is a category 3 offence,—
a: the level of trial court is the District Court section 68 70
b: the place of trial is,—
i: in the case of a District Court trial, the District Court nearest to the Youth Court that adjourned the proceeding for trial callover in accordance with section 57(3)﻿(b)
ii: in the case of a High Court trial, the High Court at the place nearest to the Youth Court that dealt with the pre-trial processes in accordance with section 275(2)
4: This section is subject to—
a: any order made under section 72 section 157
b: section 139(1)
c: any regulations made under section 387 Section 277A inserted 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 277A(3)﻿(a) amended 1 March 2017 section 261 District Court Act 2016 Section 277A(4)﻿(a) amended 1 March 2017 section 261 District Court Act 2016
278: Parent or guardian may be summoned to appear when young person charged with offence
1: Any Youth Court Judge or District Court Judge or Justice or Community Magistrate constable a charging document is filed the Youth Court
2: At the hearing of the proceedings in respect of the offence any such parent or guardian or other person may be examined in respect of any matter relating to the proceedings.
3: Every person commits an offence and is liable on the Youth Court
4: In any case where a person does not appear in answer to a summons that has been served under this section, a Youth Court Judge or District Court Judge may direct the issue of a warrant to arrest that person and bring that person before the court. 1974 No 72 s 39 Section 278(1) amended 1 March 2017 section 261 District Court Act 2016 Section 278(1) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 278(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 278(1) amended 30 June 1998 section 7 District Courts Amendment Act 1998 Section 278(3) amended 1 March 2017 section 261 District Court Act 2016 Section 278(3) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011
279: Court to consider recommendations of family group conference
Where, in any proceedings under this Part in respect of any charging document filed section 247(b) or (d) the charge Section 279 amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011
280: Court may refer case to care and protection co-ordinator to determine whether matter should be dealt with under Part 2
1: If, at any stage of the hearing of any proceedings under this Part in respect of a young person, it appears to the court that the young person may be in need of care or protection (as defined in section 14
a: refer the matter to a care and protection co-ordinator under section 19(1)﻿(b)
b: adjourn the proceedings pending the outcome of that reference, and if an application for a care or protection order
2: Where any proceedings in respect of any charging document filed charge section 282 Section 280(1)﻿(b) amended 1 July 2019 section 117 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 280(2) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011
280A: Court may refer case to
person who commenced proceeding
1: This section applies to proceedings under this Part in respect of a child aged 12 or 13 years who is charged with an offence of the kind specified in section 272(1)﻿(b) or (c) section 282 283
a: the child may be in need of care or protection on the ground specified in section 14(1)﻿(e)
b: the making of an application for a care or protection order
2: The court—
a: may refer the matter to the person who commenced care or protection order
b: must, on making a referral under paragraph (a), adjourn the proceedings pending the outcome of that referral.
3: If the proceedings are in respect of a charging document filed
a: the court may, at any time, discharge the charge section 282
b: if not discharged earlier, the charge care or protection order
4: A person
a: consider whether to make an application for a care or protection order
b: give effect to the
5: Before referring a matter to the person who commenced
a: direct a youth justice co-ordinator to convene a family group conference for the purpose of considering whether the making of an application for a care or protection order sections 250 to 259
b: adjourn the proceedings until the conference has been held.
6: Nothing in this section limits or affects the application to a child, in accordance with section 272(2A) section 280 section 14(1)﻿(e) Section 280A inserted 1 October 2010 section 20 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 280A heading amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 280A(1)﻿(b) amended 1 July 2019 section 118(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 280A(2)﻿(a) amended 1 July 2019 section 118(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 280A(2)﻿(a) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 280A(3) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 280A(3)﻿(a) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 280A(3)﻿(b) amended 1 July 2019 section 118(3) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 280A(3)﻿(b) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 280A(4) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 280A(4)﻿(a) amended 1 July 2019 section 118(4) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 280A(4)﻿(b) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 280A(5) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 280A(5)﻿(a) amended 1 July 2019 section 118(5) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Disposal of proceedings in Youth Court
281: Court not to make orders unless family group conference held
1: Subject to section 248 the Youth Court section 282 section 283
2: The Youth Court
a: if a young person appears before the court on a summons issued under section 295 section 295(2)
b: if the court under section 296B section 296G
c: if the court under section 316
d: unless a family group conference has first been convened to consider the matter, and for that purpose the court shall direct a youth justice co-ordinator to convene a family group conference in relation to the matter not later than 14 days after the date on which that direction is given.
3: The provisions of sections 250 to 269 section 259 Section 281(1) amended 1 March 2017 section 261 District Court Act 2016 Section 281(2) amended 1 March 2017 section 261 District Court Act 2016 Section 281(2)﻿(a) replaced 1 October 2010 section 21 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 281(2)﻿(b) replaced 1 October 2010 section 21 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 281(2)﻿(c) replaced 1 October 2010 section 21 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 281(2)﻿(d) repealed 1 October 2010 section 21 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010
281A: Court to consider whether family group conference should be held
Where, in respect of any offence, the holding of a family group conference has been waived pursuant to section 248
a: before hearing the charge
b: before making any order or exercising any power in any proceedings relating to or arising out of that offence, in any case where subsection (1) or subsection (2) of section 281 as the case may be, consider whether or not a family group conference should nevertheless be held in relation to the matter. Section 281A inserted 8 January 1995 section 38 Children, Young Persons, and Their Families Amendment Act 1994 Section 281A(a) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011
281B: Court may direct holding of family group conference at any time
1: If, at any stage of the hearing of any proceedings under this Part, it appears to the court that it is necessary or desirable for a family group conference to be held in relation to any matter relating to the young person to whom the proceedings relate, the court may direct a youth justice co-ordinator to convene a family group conference for the purpose of considering such matters relating to the young person as the court directs, and may adjourn the proceedings until the conference has been held.
2: The provisions of sections 250 to 269 Section 281B inserted 8 January 1995 section 38 Children, Young Persons, and Their Families Amendment Act 1994
282: Power of court to discharge charge
1: If a charging document is filed charging a young person with an offence in category 1, 2, or 3, the Youth Court
2: A charge discharged under subsection (1) is deemed never to have been filed.
3: If it is satisfied that the charge against the young person is proved, the court may make an order under any of the provisions of section 283(e) to (j)
a: when it discharges the charge; or
b: at any earlier time after it completes the inquiry referred to in subsection (1).
4: The court must not exercise the power in subsection (3)﻿(b) unless section 281(1) Section 282 replaced 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 282(1) amended 1 March 2017 section 261 District Court Act 2016
283: Hierarchy of court's responses if charge against young person proved
The Youth Court sections 284 to 290 Group 1 responses
a: discharge the young person from the proceedings without further order or penalty:
b: admonish the young person: Group 2 responses
c: order that the young person come before the court, if called upon within 12 months after the order is made, so that the court may take further action under this section:
d: impose a fine that could have been imposed by the District Court if the young person were an adult and had been convicted of the offence following a trial the District Court the District Court sections 81 83
e: order the young person or, in the case of a young person who is under the age of 16 years, any parent or guardian of the young person to pay a sum towards the cost of the prosecution:
f: order the young person or, in the case of a young person who is under the age of 16 years, any parent or guardian of the young person to pay to the person who suffered the emotional harm or the loss of, or damage to, property such sum as it thinks fit by way of reparation if the court is satisfied that any person (other than the young person) suffered, through or by means of the offence, either or both of the following:
i: emotional harm:
ii: loss of, or damage to, property:
g: order the young person or, in the case of a young person who is under the age of 16 years, a parent or guardian of the young person to make restitution in accordance with section 377
h: make an order for the forfeiture of property to the Crown if the forfeiture of that property would have been obligatory or could have been ordered under an enactment applicable to the offence if the young person were an adult and had been convicted of that offence by the District Court
i: make an order under section 293A
j: make an order that could have been made by a court other than the Youth Court section 128 129 the Youth Court
i: section 128 129
ii: sections 129EA 130 131 to 136 137 138 to 142 Group 3 responses
ja: make an order requiring the young person (if the young person
jb: make an order requiring the young person to attend, in a manner specified by the court, and for a specified period of not more than 12 months, a specified mentoring programme:
jc: make an order requiring the young person to attend, in a manner specified by the court, and for a specified period of not more than 12 months, a specified alcohol or drug rehabilitation programme: Group 4 responses
k: make an order placing the young person under the supervision of the chief executive, or any person or organisation specified in the order, for a period not exceeding 6 months:
l: make a community work order under section 298 Group 5 response
m: make a supervision with activity order under section 307 Group 6 response
n: make a supervision with residence order under section 311 Group 7 response
o: exercise the powers conferred by one of the following subparagraphs:
i: the court may order that the young person be brought before the District Court Sentencing Act 2002
A: the young person is of or over the age of 15 years; or
B: the young person is of or over the age of 14 years and under the age of 15 years and the charge proved against the young person
ii: the court may, in the case of a young person charged with a category 4 offence or an offence for which the maximum penalty available is or includes imprisonment for life and if the court considers that a sentence of imprisonment for life may be appropriate, order that the young person be brought before the High Court for sentence or decision and may enter a conviction before doing so; and the Sentencing Act 2002 1974 No 72 s 36(1) 1977 No 126 s 10 1983 No 129 s 8(1) Section 283 replaced 1 October 2010 section 23 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 283 amended 1 March 2017 section 261 District Court Act 2016 Section 283(d) amended 1 March 2017 section 261 District Court Act 2016 Section 283(d) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 283(g) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 283(h) amended 1 March 2017 section 261 District Court Act 2016 Section 283(j) replaced 1 August 2012 section 5 Children, Young Persons, and Their Families Amendment Act 2011 Section 283(j) amended 1 March 2017 section 261 District Court Act 2016 Section 283(ja) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 283(o) replaced 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 283(o)﻿(i) amended 1 March 2017 section 261 District Court Act 2016 Section 283(o)﻿(i)﻿(B) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
284: Factors to be taken into account on sentencing
1: In deciding whether to make any order under section 283
a: the nature and circumstances of the offence proved to have been committed by the young person and the young person's involvement in that offence:
b: the personal history, social circumstances, and personal characteristics of the young person, so far as those matters are relevant to the offence and any order that the court is empowered to make in respect of it:
c: the attitude of the young person towards the offence:
d: the response of the young person's family, whanau, or family group to—
i: the causes underlying the young person's offending, and the measures available for addressing those causes, so far as it is practicable to do so.
ii: the young person themselves
e: any measures taken or proposed to be taken by the young person, or the family, whanau, or family group of the young person, to make reparation or apologise to any victim of the offending:
f: the effect of the offence on any victim of the offence, and the need for reparation to be made to that victim:
g: any previous offence proved to have been committed by the young person (not being an offence in respect of which an order has been made under section 282
h: any decision, recommendation, or plan made or formulated by a family group conference:
i: the causes underlying the young person's offending, and the measures available for addressing those causes, so far as it is practicable to do so.
1A: If the court is considering whether to transfer a proceeding to another court for sentence or decision under section 283(o)
a: the seriousness of the offending:
b: the criminal history of the young person:
c: the interests of the victim:
d: the risk posed by the young person to other people.
2: The court shall not make an order under any of paragraphs (k) to (o) of section 283 section 14 Section 284(1)﻿(d)﻿(ii) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 284(1)﻿(i) inserted 1 October 2010 section 24 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 284(1A) inserted 1 July 2019 section 119 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
285: Restrictions on power of court to make certain orders under section 283
1: The court shall not make an order under paragraph (c) of section 283
2: The court shall not impose a fine under paragraph (d) of section 283
3: No orders shall be made under paragraph (f) or paragraph (g) of section 283 chief executive section 110
4: Where the court exercises in respect of any young person the power conferred by paragraph (o) of section 283
5: The court shall not make an order under paragraph (l) or paragraph (m) or paragraph (n) of section 283
a: any other order made under any of those paragraphs; or
b: any community-based sentence (as that term is defined in section 4(1)
ba: any sentence of home detention imposed under section 80A
c: any sentence of imprisonment unless that other order or that sentence will expire not later than 14 days after the date of the making of the first-mentioned order.
6: The court may make an order under section 283(o) the District Court or the High Court section 289
a: but for subsection (5)﻿(b), (ba), or (c), the court would have made an order under any of the following:
i: section 283(l) section 298
ii: section 283(m) section 307
iii: section 283(n) section 311
b: the court considers that it would not be appropriate to make an order under any of paragraphs (a) to (k) of section 283
c: the order is made in respect of a young person—
i: who is of or over the age of 15 years; or
ii: who is of or over the age of 14 years and under the age of 15 years and against whom the charge proved is a category 4 offence or category 3 offence for which the maximum penalty available is or includes imprisonment for life or for at least 14 years 1974 No 72 s 36(1) proviso, (4) 1977 No 126 s 10(3)﻿(a) Section 285(3) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 285(5)﻿(b) amended 30 June 2002 section 186 Sentencing Act 2002 Section 285(5)﻿(ba) inserted 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 285(5)﻿(c) amended 30 June 2002 section 186 Sentencing Act 2002 Section 285(6) replaced 1 October 2010 section 25 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 285(6) amended 1 March 2017 section 261 District Court Act 2016 Section 285(6) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 285(6)﻿(c)﻿(ii) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011
286: Person or organisation not to be required to supervise young person without consent
No order shall be made under paragraph (k) or paragraph (m) of section 283 , or under section 296G chief executive Section 286 amended 1 October 2010 section 26 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 286 amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
286A: Parenting education, mentoring, or alcohol or drug rehabilitation programme order: general requirement for provider to have first agreed to provide programme concerned, and making of order subject to conditions
1: This section applies to an order if it is—
a: a parenting education programme order under section 283(ja)
b: a mentoring programme order under section 283(jb)
c: an alcohol or drug rehabilitation programme order under section 283(jc)
2: If the programme to be specified in an order to which this section applies is to be provided other than by the chief executive, that order may be made only if the provider of that programme has first agreed to provide that programme to the person to be required by the order to attend that programme.
3: An order to which this section applies may be made subject to any conditions the court thinks fit and specifies in the order. Section 286A inserted 1 October 2010 section 27 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010
287: Reparation limited to direct loss
Any sum ordered to be paid pursuant to section 283(f) 1985 No 120 s 22(5) 1987 No 168 s 4
288: Order in respect of parent or guardian or other person having care not to be made without first informing of proposal to make order and giving opportunity to make representations
No order may be made under section 283
a: informed by the court of the proposal to make the order; and
b: given an opportunity to make representations to the court. 1974 No 72 s 36(5) Section 288 replaced 1 October 2010 section 28 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010
289: Court must impose least restrictive outcome adequate in circumstances
1: A court making a response or a permitted combination of responses under section 283 section 297(a) or (b)
a: assess the restrictiveness of that outcome in accordance with the hierarchy set out in section 283
b: not impose that outcome unless satisfied that a less restrictive outcome would, in the circumstances and having regard to the principles in section 208 section 284
2: Subsection (1)﻿(a) and (b) also apply to any outcome imposed by a court that on an application under section 296B(1)
a: declares that a young person has without reasonable excuse failed to comply satisfactorily with a requirement of an order to which section 296B
b: substitutes or otherwise makes under section 296B(3)﻿(a), (b), or (c)
i: any other order under section 283
ii: an intensive supervision order under section 296G section 283
iii: any order it is empowered to make under section 296E
3: Subsection (1)﻿(a) and (b) also apply to any outcome imposed by a court that on an application under section 316(1)
a: cancels a supervision with residence order made under section 311
b: substitutes under section 316(2)﻿(b) section 283 2002 No 9 s 8(g) Section 289 replaced 1 October 2010 section 28 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010
290: Judge must record in writing reasons for supervision with residence or transfer order
A Judge exercising the jurisdiction of the court to make an order under section 283(n) or (o) the Judge’s Section 290 replaced 1 October 2010 section 28 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 290 amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
290A: Restriction on who may provide residential component of specified programme or activity
1: This section applies to a court considering whether to impose under section 307(1)﻿(b) 311(2)
a: a supervision with activity order under section 307
b: a supervision with residence order under section 311
2: The court must not impose the condition unless the residential component of the specified programme or activity is to be provided by—
a: the chief executive; or
b: a body or organisation approved under section 396
3: The residential component the young person
a: where that component is provided; and
b: with, and under the control of, the provider. Section 290A inserted 1 October 2010 section 28 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 290A(3) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
291: Transfer of other charges to District Court
or High Court Where, in any proceedings before the Youth Court paragraph (o) of section 283 section 290 Section 291 heading amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 291 amended 1 March 2017 section 261 District Court Act 2016
292: Whole or part of fine may be awarded to victim of offence suffering physical or emotional harm
Section 292 repealed 30 June 2002 section 186 Sentencing Act 2002
293: Effect of order imposing fine or requiring payment of compensation or restitution or forfeiture of property
Every order or decision made under any of the provisions of paragraphs (d) to (h) of section 283 the District Court
a: the enforcement of every such order or decision shall be the responsibility of the Youth Court
b: no young person shall be liable to imprisonment or a sentence of community detention or home detention
c: no costs, expenses, or fees shall be payable in respect of the enforcement of any such order or decision. 1974 No 72 s 111(1) Section 293 amended 1 March 2017 section 261 District Court Act 2016 Section 293(a) amended 1 March 2017 section 261 District Court Act 2016 Section 293(b) amended 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 293(b) amended 30 June 2002 section 186 Sentencing Act 2002
293A: Disqualification from driving
1: Where a charge against a young person is proved before the Youth Court the District Court
a: be empowered under section 124
b: be required or empowered under the Land Transport Act 1998
c: be required to make an order under section 65 then the Youth Court may make such order (being an order of any of the kinds referred to in any of paragraphs (a) to (c)) as would have been obligatory or could have been ordered under any of those sections if the young person were an adult and had been convicted of the offence in a court other than the Youth Court
2: Where the Youth Court sections 124 to 126
3: Subject to subsection (5), where the Youth Court Parts 5 to 7
4: In determining, for the purposes of paragraph (b) or paragraph (c) of subsection (1), whether any order would have been obligatory or could have been ordered under any of the sections referred to in either of those paragraphs, a finding (whether made before or after the commencement of this section), by a Children and Young Persons Court or the Youth Court section 32(1) section 65(1) section 282
5: Where the Youth Court section 65(4) Section 293A inserted 1 April 1990 section 35(3) Social Welfare (Transitional Provisions) Act 1990 Section 293A(1) amended 1 March 2017 section 261 District Court Act 2016 Section 293A(1)﻿(a) amended 30 June 2002 section 186 Sentencing Act 2002 Section 293A(1)﻿(b) amended 1 March 1999 section 215(1) Land Transport Act 1998 Section 293A(1)﻿(c) amended 1 March 1999 section 215(1) Land Transport Act 1998 Section 293A(2) amended 1 March 2017 section 261 District Court Act 2016 Section 293A(2) amended 30 June 2002 section 186 Sentencing Act 2002 Section 293A(3) amended 1 March 2017 section 261 District Court Act 2016 Section 293A(3) amended 1 March 1999 section 215(1) Land Transport Act 1998 Section 293A(4) amended 1 March 2017 section 261 District Court Act 2016 Section 293A(4) amended 1 March 1999 section 215(1) Land Transport Act 1998 Section 293A(5) amended 1 March 2017 section 261 District Court Act 2016 Section 293A(5) amended 1 March 1999 section 215(1) Land Transport Act 1998
294: Demerit points
Where—
a: a charge against a young person is proved before the Youth Court
b: the offence is such that, if the offender were convicted in the District Court Director of Land Transport section 88 the young person is, unless the charge section 282 sections 88 to 91 section 167(1)﻿(g) Section 294 replaced 1 March 1999 section 215(1) Land Transport Act 1998 Section 294 amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 294(a) amended 1 March 2017 section 261 District Court Act 2016 Section 294(b) amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 294(b) amended 1 March 2017 section 261 District Court Act 2016
295: Recall to come before court
1: Where the court makes an order under section 283(c) the chief executive or a constable prescribed by rules of court
2: Where a young person appears before the court on a summons issued under subsection (1), the court may consider the matter and after taking into account such factors as may be relevant since the making of the order, exercise any of the powers conferred on it under section 283
a: where any power conferred by paragraph (d), paragraph (e), paragraph (f), paragraph (g) or paragraph (h) of that section was exercised in the first instance, the powers so exercised shall not be exercised again; and
b: where the court makes a further order under paragraph (c) of that section, the court shall not, if the young person appears before the court on a summons issued under subsection (1) of this section in relation to that further order, make any further order under that paragraph.
3: In any case where a young person does not appear in answer to a summons that has been served under this section, a Youth Court Judge or District Court Judge may direct the issue of a warrant to arrest that young person and bring that young person before the court. 1974 No 72 s 36(3) Section 295(1) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 295(1) amended 13 September 2002 section 6 Family Courts Amendment Act 2000 Expiry of orders
296: Expiry of orders
1: This section applies to an order that is—
a: an order under section 283(c) section 283
b: a parenting education programme order under section 283(ja)
c: a mentoring programme order under section 283(jb)
d: an alcohol or drug rehabilitation programme order under section 283(jc)
e: an order under section 283(k)
f: an order under section 283(l) section 298
g: an order under section 283(m) section 307
h: an order under section 283(n) section 311
i: an intensive supervision order under section 296G ; or
j: a custody order under section 297B(5)
k: a custody order under section 307(4)
2: The order expires (if it does not expire sooner) when the young person in respect of whom it is made attains the age of 19 years
a: an order specified in subsection (1)﻿(a) to (i) and made on or after 1 October 2010; or
b: an order specified in subsection (1)﻿(j) or (k) and made after the date on which the Children, Young Persons, and Their Families Amendment Act 2012
3: The order expires (if it does not expire sooner) 6 months after the young person in respect of whom it is made attains the age of 17 years if it is an order specified in subsection (1)﻿(a) to (i) and made before 1 October 2010.
4: The order expires under section 108 Children, Young Persons, and Their Families Amendment Act 2012 Section 296 replaced 1 October 2010 section 29 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 296(1)﻿(i) amended 12 December 2012 section 4(1) Children, Young Persons, and Their Families Amendment Act 2012 Section 296(1)﻿(j) inserted 12 December 2012 section 4(1) Children, Young Persons, and Their Families Amendment Act 2012 Section 296(1)﻿(k) inserted 12 December 2012 section 4(1) Children, Young Persons, and Their Families Amendment Act 2012 Section 296(2) replaced 12 December 2012 section 4(2) Children, Young Persons, and Their Families Amendment Act 2012 Section 296(2) amended 1 July 2019 section 120 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 296(3) replaced 12 December 2012 section 4(2) Children, Young Persons, and Their Families Amendment Act 2012 Section 296(4) inserted 12 December 2012 section 4(2) Children, Young Persons, and Their Families Amendment Act 2012 Failure to comply with, and variation and cancellation of, specified orders Heading inserted 1 October 2010 section 29 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010
296A: Orders to which sections 296B and 296E apply
1: Sections 296B 296E
a: a parenting education programme order under section 283(ja)
b: a mentoring programme order under section 283(jb)
c: an alcohol or drug rehabilitation programme order under section 283(jc)
d: a supervision order under section 283(k)
e: a community work order under section 298
f: a supervision with activity order under section 307
g: an intensive supervision order under section 296G
2: Section 296E section 298(ja) Section 296A inserted 1 October 2010 section 29 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010
296B: Failure to comply
1: If the young person has without reasonable excuse failed to comply satisfactorily with a term, condition, or other requirement of an order specified in section 296A(1)
a: the chief executive section 283(ja), (jb), or (jc)
b: the chief executive or, as the case may be, the person or organisation specified in the order under whose supervision the young person has been placed, if the order is one under section 283(k) 296G 307
c: a constable, if the order is one under section 296G section 296J(1)
d: the chief executive section 298
2: Every application under subsection (1) must be served on the young person to whom the order relates and on any parent or guardian or other person having the care of the young person.
3: If satisfied on an application under subsection (1) that the young person has without reasonable excuse failed to comply satisfactorily with a term, condition, or other requirement of an order to which this section applies, the court may make a declaration to that effect and may—
a: cancel the order, and in substitution for that order make any other order under section 283
b: make any order the court is empowered to make under section 296E
c: if the condition concerned is one the young person's compliance with which is the subject of judicial monitoring in accordance with a direction under section 308A section 296G
4: On or after making or varying under subsection (3)﻿(a) or (b) a supervision order or supervision with activity order in respect of a young person, the court may in accordance with section 308A(1)﻿(a)
5: Subsection (3) is subject to section 289(2) Section 296B inserted 1 October 2010 section 29 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 296B(1)﻿(a) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 296B(1)﻿(d) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016
296C: Warrant to have young person arrested and brought before court
1: This section applies if a person has made an application under section 296B(1) section 296A(1) breach application
2: The person may make, to the court dealing with the breach application, an application in writing and on oath for a warrant to arrest, and to bring before that court, the young person to whom the breach application relates if the person believes on reasonable grounds that—
a: all reasonable efforts have been made to locate or, as the case requires, to serve the breach application on, that young person, but those efforts have failed; or
b: the breach application has been served on that young person, but the young person
3: The court dealing with the breach application may, on an application under subsection (2), issue a warrant to arrest, and to bring before that court, the young person to whom the breach application relates if satisfied that—
a: all reasonable efforts have been made to locate or, as the case requires, to serve the breach application on, that young person, but those efforts have failed; or
b: the breach application has been served on that young person, but the young person 2002 No 9 s 72(3) Section 296C inserted 1 October 2010 section 29 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 296C(2)﻿(b) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 296C(3)﻿(b) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
296D: Execution of warrant under section 296C
1: A warrant under section 296C
2: The warrant must be directed to a constable by name or generally to every constable, but in either case may be executed by any constable.
3: For the purpose of executing the warrant, the constable executing it may at any time enter on to any premises, by force if necessary, if the constable
4: Sections 445A 445B 2000 No 38 s 36(2)–(4) s 72(4) Section 296D inserted 1 October 2010 section 29 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 296D(3) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
296E: Variation and cancellation
1: If an order specified in section 296A(1) or (2)
a: cancel the order:
b: suspend the order for a period specified by the court:
c: suspend a condition of the order for a period specified by the court:
d: impose a further condition of the order:
e: vary a condition of the order.
2: The application may be made only by 1 or more of the following persons or organisations:
a: the young person, or any parent or guardian or other person having the care of the young person:
b: the provider of the parenting education, mentoring, or alcohol or drug rehabilitation programme concerned, or the chief executive section 283(ja), (jb), or (jc)
c: the chief executive or, as the case may be, the person or organisation specified in the order under whose supervision the young person has been placed, if the order is one under section 283(k) 296G 307
d: the chief executive section 298
3: The application must be served on—
a: every other person or organisation specified in subsection (2) who could also have made the application; and
b: the barrister or solicitor or youth advocate representing the young person.
4: Every person or organisation on whom the application must be served is entitled to appear and be heard at the hearing of the application.
5: If the application is for the suspension or variation of a condition of an order under section 283(k) 296G 307 Section 296E inserted 1 October 2010 section 29 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 296E(2)﻿(b) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 296E(2)﻿(d) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016
296F: Interim suspension order
1: This section applies if a person has made—
a: an application under section 296B(1) section 296A(1) breach application
b: an application under section 296E section 296A(1) or (2) variation or cancellation application
2: The court to which the breach application or, as the case may be, the variation or cancellation application has been made may, on the application of a party to the proceedings or the youth advocate, or of its own motion, make an interim suspension order that suspends the operation of the order specified in section 296A(1) or (2)
3: If the court makes an interim suspension order under this section in respect of an order specified in section 296A(1) section 238(1)﻿(a) to (e) Section 296F inserted 1 October 2010 section 29 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 296F(3) amended 12 December 2012 section 5 Children, Young Persons, and Their Families Amendment Act 2012 Intensive supervision orders Heading inserted 1 October 2010 section 29 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010
296G: Intensive supervision order in response to young person's non-compliance with judicially monitored condition of supervision or supervision with activity order
In the situation specified in section 296B(3)﻿(c) Section 296G inserted 1 October 2010 section 29 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010
296H: Duty of chief executive to provide supervision under intensive supervision order
If a young person is placed under the supervision of the chief executive by an order under section 296G Section 296H replaced 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016
296I: Conditions of intensive supervision order
1: An order under section 296G
a: the conditions specified in section 305
b: a condition that the young person must report to the supervisor
i: at least once each week during the first 3 months of the order, and at least once each month after the first 3 months of the order:
ii: as and when the young person is required to do so at other times by the supervisor
c: any additional conditions under section 306
d: any additional conditions (imposing a curfew, with or without electronic monitoring of compliance with that curfew) the court imposes under section 296J
e: a condition (if the court under this paragraph imposes one) that the young person attend and remain at, for any weekday, evening, and weekend hours each week and for any number of months the court thinks fit, any specified centre approved by the department, and take part in any activity required by the person in charge of the centre:
f: a condition (if the court under this paragraph imposes one) that the young person undertake any specified programme or activity.
2: In this section, supervisor
a: a person who has been delegated the chief executive’s functions or powers under section 296H
b: the person named in the order:
c: a person who is acting on behalf of the organisation named in the order. Section 296I inserted 1 October 2010 section 29 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 296I(b) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 296I(b)﻿(ii) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 296I(2) inserted 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016
296J: Additional conditions imposing curfew with or without electronic monitoring of compliance
1: On or after making an order under section 296G curfew condition curfew duration daily curfew period curfew address
2: On imposing, and making an order under section 296G
3: Every daily curfew period specified under subsection (2) must not be for a period of less than 2 hours, and the daily curfew periods for any week must not be more than 84 hours.
4: The young person is not in custody during the daily curfew period; but—
a: during the daily curfew period, the young person must not, at any time, leave the curfew address except in the circumstances set out in subsection (5):
b: during the curfew duration, the young person must co-operate with the chief executive, and must comply with any lawful direction (for example, one for the purpose of implementing an electronic monitoring condition under subsection (6)) given by the chief executive for the purpose of implementing the relevant curfew condition:
c: the young person must, when required to do so by the chief executive and for the purpose of implementing an electronic monitoring condition under subsection (6), submit to the electronic monitoring of compliance with the relevant curfew condition, which may require the young person to be connected to electronic monitoring equipment throughout the period of the order under section 296G
5: A young person may leave the curfew address during the daily curfew period only—
a: to seek urgent medical or dental treatment; or
b: to avoid or minimise a serious risk of death or injury to the young person or any other person; or
c: with the approval of the chief executive,—
i: to seek or engage in employment; or
ii: to attend educational, training, or other rehabilitative or reintegrative activities or programmes; or
iii: to attend a family group conference or other process relating to the young person's offending; or
iv: to carry out any undertaking, or implement a decision, recommendation, or plan, arising from a family group conference or other process relating to the young person's offending; or
d: with the approval of the chief executive and subject to any conditions imposed by the chief executive, on humanitarian grounds.
6: On or after imposing, and making an order under section 296G the young person’s
7: A Judge exercising the jurisdiction of the court to impose an electronic monitoring condition under subsection (6) must when imposing the condition record in writing the Judge’s 2002 No 9 ss 69B(3)–(5) 69E(1)﻿(a) Section 296J inserted 1 October 2010 section 29 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 296J(6) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 296J(7) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
296K: Electronic monitoring
1: The purposes of an electronic monitoring condition imposed under section 296J(6)
a: deter the young person from breaching the requirement of the relevant curfew condition that the young person remain at the curfew address during the daily curfew period; and
b: monitor the young person's compliance with that requirement.
2: Information about a young person that is obtained through electronic monitoring may be used only for the purposes referred to in subsection (1) and for the following purposes:
a: to verify compliance with the requirement of the relevant curfew condition that the young person remain at the curfew address during the daily curfew period:
b: to detect non-compliance with that requirement:
c: to provide evidence of non-compliance with that requirement:
d: to verify that the young person has not tampered or otherwise interfered with the ability of the electronic monitoring equipment to operate effectively and accurately.
3: Information may be collected during the whole of the period of the order under section 296G
4: Any information obtained by electronic monitoring outside the curfew duration must be destroyed as soon as practicable.
5: The chief executive may from time to time, either generally or particularly, with the agreement of the Commissioner of Police delegate to that Commissioner all or any of the chief executive's functions or powers under this Act relating to implementation of electronic monitoring conditions imposed under section 296J(6)
6: Clause 2(10), (13), and (15) clauses 2 3
7: Functions or powers delegated under subsection (5) must be regarded as functions or powers of the Commissioner of Police for the purposes of section 17(1) 2002 No 9 s 69F Section 296K inserted 1 October 2010 section 29 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 296K(6) amended 7 August 2020 section 135 Public Service Act 2020
296L: Powers to detain and return, and arrest, young person breaching curfew condition
1: A constable or the chief executive (acting through the chief executive’s section 296J delegate believes
a: leaving, or being taken without authority, from the curfew address; or
b: refusing or neglecting to return to the curfew address.
2: A constable may (using such reasonable force as may be necessary) arrest without warrant a young person subject to a curfew condition under section 296J
a: leaving, or being taken without authority, from the curfew address; or
b: refusing or neglecting to return to the curfew address.
3: A young person to whom this section applies does not, by reason only of an act or omission referred to in subsection (1) or (2), commit an offence against section 120 Section 296L inserted 1 October 2010 section 29 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 296L(1) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 296L(1) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016
296M: Review of intensive supervision order
1: After making an order under section 296G
a: must fix promptly dates (which must be not later than 3 months after the date on which the order is made, and at least once every 3 months after that date, but before the order expires) for review of the plan that was prepared in respect of the order in accordance with section 335 plan
b: may direct who is to review the plan (and if it does not make a direction, the person who prepared the plan is deemed to have been directed to review it under this paragraph); and
c: may, at any time, and either on its own initiative or on the application of a party to the proceedings or a barrister or solicitor or youth advocate representing the young person, amend a direction made or deemed to be made under paragraph (b), or revoke it and substitute another direction.
2: On or before each of the dates fixed under subsection (1)﻿(a), the person who is directed to review the plan must review the plan and furnish to the court—
a: a report setting out the results of the review; and
b: a revised plan in respect of the young person.
3: The report furnished to the court under subsection (2) must—
a: state which of the objectives set out in the plan have been achieved and which of those objectives are yet to be achieved:
b: state, in respect of those objectives that are yet to be achieved, what action is required to achieve those objectives:
c: recommend, in respect of any order made by the court under this Part in relation to the young person to whom the plan relates, whether that order should continue in force, or be varied, suspended, or discharged, and whether any condition of that order should be continued in force, or be varied, suspended, or discharged, and the reasons for those recommendations:
d: state, in respect of those persons who were required to be given a copy of the plan pursuant to section 191 section 339
4: The court must consider a report furnished to it pursuant to subsection (2) and the accompanying revised plan, and, after giving such persons (if any) as it thinks fit an opportunity to be heard, may do either or both of the following things:
a: exercise, in relation to the order (if it remains in force), any of the powers set out in section 296E
b: if the court considers the report furnished under subsection (2), or the revised plan, or both, to be inadequate, direct the person who prepared the report to furnish to the court a further report, or a further revised plan, or both, ensuring that the direction to that person indicates any specific matter that it requires to be dealt with in that report or plan. Section 296M inserted 1 October 2010 section 29 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Powers of court where young person already subject to order made under this Part
297: Powers of court in dealing with young person subject to order made under this Part
Where a court finds a charge against a young person proved, and that young person is subject to an order made by a court under this Part, the court may—
a: subject to section 285(5) section 283
b: revoke the order to which the young person is subject and make such order under section 283 Parenting education programme orders Heading inserted 1 October 2010 section 30 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010
297A: Written statements of terms, and how court may respond to failures to comply
1: If an order under section 283(ja) section 340
2: If an order under section 283(ja)
a: the terms and conditions of the order:
b: possible consequences of a failure to comply with the order:
c: provisions for variation of the order:
d: rights of appeal against the order.
3: Subsection (4) applies if the court is at any time satisfied in the light of a report under section 320 section 283(ja)
4: The court may direct a care and protection co-ordinator to convene a family group conference under Part 2 section 283(ja)
5: The care and protection co-ordinator must comply with, and Part 2 Section 297A inserted 1 October 2010 section 30 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Alcohol or drug rehabilitation programme orders Heading inserted 1 October 2010 section 30 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010
297B: Nature of programmes, who may consent to medical treatment, and related custody orders
1: Programme section 283(jc)
a: psychiatric, psychological, or similar counselling or therapy:
b: a medical, psychiatric, psychological, social, therapeutic, rehabilitative, or reintegrative programme with a focus on alcohol or drug issues.
2: No young person may receive or undergo any medical, psychiatric, or psychological examination or treatment that forms part of a programme that the young person is required by an order under section 283(jc)
3: The consent required by subsection (2) may be given, in the case of a young person of or over the age of 16 years, by that young person and, in any other case,—
a: by a parent or guardian (not being the chief executive) of the young person; or
b: if there is no such parent or guardian in New Zealand or no such parent or guardian can be found with reasonable diligence or is capable of giving consent, by a person in New Zealand who has been acting in the place of a parent; or
c: if there is no person in New Zealand who has been so acting, or if no such person can be found with reasonable diligence or is capable of giving consent, by a District Court Judge or the chief executive.
4: This subsection applies if the court is satisfied that a programme that a young person is required by an order under section 283(jc) they live
5: If subsection (4) applies, the court may, to enable the programme referred to in subsection (4) to be provided to the young person, make an order placing the young person in the custody of the chief executive, an iwi social service, a cultural social service, or the director of a child and family support service.
6: The court must not make an order under subsection (5) placing a young person in the custody of a person (other than the chief executive) or organisation unless that person or organisation consents to the making of the order.
7: A custody order under subsection (5) has the same effect as if the young person had been placed in the custody of the relevant person or organisation under an order under section 101
a: a custody order under subsection (5) expires under section 296 section 108
b: section 365 section 364 Section 297B inserted 1 October 2010 section 30 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 297B(4) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 297B(7) replaced 12 December 2012 section 6 Children, Young Persons, and Their Families Amendment Act 2012 Community work order
298: Community work order
1: Subject to this section, where a charge against a young person is proved before the Youth Court
2: The work required to be undertaken for the purposes of a community work order shall—
a: be performed within such period not exceeding 12 months as the court shall specify:
b: be performed under the supervision of—
i: the chief executive
ii: any person or organisation (being a person or organisation approved by the chief executive
3: The Youth Court must not 1974 No 72 s 36(1)﻿(ia) 1977 No 126 s 10(2) Section 298(1) amended 1 March 2017 section 261 District Court Act 2016 Section 298(1) amended 1 October 2010 section 31 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 298(2)﻿(b)﻿(i) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 298(2)﻿(b)﻿(ii) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 298(3) amended 1 March 2017 section 261 District Court Act 2016
299: Failure to comply with community work order
Section 299 repealed 1 October 2010 section 32 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010
300: Variation or cancellation of community work order
Section 300 repealed 1 October 2010 section 32 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010
301: Procedural provisions relating to application under section 300
Section 301 repealed 1 October 2010 section 32 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010
302: Application of
Accident Compensation Act 2001 When a young person performs any service or does any work for the purposes of a community work order, the following provisions apply:
a: if the young person suffers any personal injury for which the young person Accident Compensation Act 2001
i: the personal injury is deemed, for the purposes of section 97
ii: the Crown is liable to pay compensation to which the young person is entitled under that section:
b: the cost of all other entitlements of the young person under that Act must be met from the Earners' Account in the case of a young person who is an earner and from the Non-Earners' Account in all other cases. Section 302 replaced 1 April 2000 Accident Insurance Amendment Act 2000 Section 302 heading amended 3 March 2010 section 5(1)﻿(b) Accident Compensation Amendment Act 2010 Section 302(a) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 302(a) amended 3 March 2010 section 5(1)﻿(b) Accident Compensation Amendment Act 2010 Section 302(a)﻿(i) amended 1 April 2002 section 337(1) Accident Compensation Act 2001
303: Effect of subsequent sentence
Where—
a: a community work order is in force in respect of a young person; and
b: a sentence of imprisonment or a community-based sentence (as those terms are defined in section 4(1) or a sentence of home detention under section 80A the community work order shall be deemed to be cancelled unless the court imposing that sentence otherwise orders. 1985 No 120 s 63(1) Section 303(b) amended 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 303(b) amended 30 June 2002 section 186 Sentencing Act 2002 Provisions relating to supervision orders and supervision with activity orders
304: Duty of chief executive to provide supervision
If a young person is placed under the supervision of the chief executive by an order under section 283(k) 307(1) Section 304 replaced 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016
305: Conditions of supervision order
1: If the court makes an order under section 283(k)
a: the supervisor may, at all reasonable times, visit and enter the building or place in which the young person is living:
b: the young person must report to the supervisor as and when the young person
c: the young person must not reside at an address at which the supervisor has directed them
d: the young person may only continue in employment, or continue to engage in any occupation, approved by the supervisor:
e: the young person must ensure that the supervisor knows at all times the address at which the young person
f: the young person must not associate with any specified person or any specified class of persons that the supervisor has, in writing, warned them
2: For the purposes of this section and section 306 supervisor
a: a person who has been delegated the chief executive’s functions or powers under section 283(k)
b: the person named in the order:
c: a person who is acting on behalf of the organisation named in the order. Section 305 replaced 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 305(1)﻿(b) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 305(1)﻿(c) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 305(1)﻿(e) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 305(1)﻿(f) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
306: Power of court to impose additional conditions
1: The court, in making an order under section 283(k) chief executive
a: that any sum required to be paid by that young person pursuant to an order made under paragraph (e) or paragraph (f) of section 283 supervisor
b: that the young person shall not own or drive a motorcycle or any other kind of motor vehicle:
c: that the young person shall not associate with any specified person or with persons of any specified class:
d: that the young person shall undergo any specified medical examination and treatment or any specified psychological or psychiatric examination, counselling, and therapy:
e: such conditions relating to the young person's place of residence, employment, or earnings as the court thinks fit:
f: such other conditions as the court thinks fit to reduce the likelihood of further offending by the young person.
2: The court shall not impose any condition under subsection (1) requiring any young person to undergo any medical, psychiatric, or psychological examination or treatment, or any psychological or psychiatric counselling or therapy, unless consent to the examination, treatment, counselling, or therapy is given—
a: in the case of a young person of or over the age of 16 years, by that young person; or
b: in any other case,—
i: by a parent or guardian (not being the chief executive
ii: if there is no such parent or guardian in New Zealand or no such parent or guardian can be found with reasonable diligence or is capable of giving consent, by a person in New Zealand who has been acting in the place of a parent; or
iii: if there is no person in New Zealand who has been so acting, or if no such person can be found with reasonable diligence or is capable of giving consent, by a District Court Judge or the chief executive 1974 No 72 s 47(1)﻿(a)–(f), (i) 1983 No 129 s 12(1) Section 306(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 306(1)﻿(a) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 306(2)﻿(b)﻿(i) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 306(2)﻿(b)﻿(iii) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
307: Supervision with activity order
1: If a charge against a young person is proved before the Youth Court section 290A
a: that the young person attend and remain at, for any weekday, evening, and weekend hours each week and for any number of months the court thinks fit, any specified centre approved by the department, and take part in any activity required by the person in charge of the centre:
b: that the young person undertake any specified programme or activity.
2: If the court makes an order under subsection (1) in respect of a young person, it may at the same time or before that order expires make an order under section 283(k)
a: placing that young person under the supervision of the chief executive or such person or organisation as is specified in the order for such period (not exceeding 6 months) as the court may specify; and
b: that must come into force on the expiry of the order made under subsection (1).
3: This subsection applies if the court is satisfied that a programme or activity that a young person is required by a condition of an order under subsection (1) to take part in or undertake is unable to be provided to the young person while they live
4: If subsection (3) applies, the court may, to enable the programme or activity referred to in subsection (3) to be provided to the young person, make an order placing the young person in the custody of the chief executive, an iwi social service, a cultural social service, or the director of a child and family support service.
5: The court must not make an order under subsection (4) placing a young person in the custody of a person (other than the chief executive) or organisation unless that person consents to the making of the order.
6: A custody order under subsection (4) has the same effect as if the young person had been placed in the custody of the relevant person or organisation under an order under section 101
a: a custody order under subsection (4) expires under section 296 section 108
b: section 365 section 364 Section 307 replaced 1 October 2010 section 33 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 307(1) amended 1 March 2017 section 261 District Court Act 2016 Section 307(3) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 307(6) replaced 12 December 2012 section 7 Children, Young Persons, and Their Families Amendment Act 2012
308: Conditions of supervision with activity order
1: The conditions specified in section 305 section 307(1) section 283(k)
2: The court may, in making an order under section 307(1) section 306
308A: Judicial monitoring of compliance with conditions of supervision or supervision with activity order
1: The court may direct that a young person's compliance with 1 or more specified conditions of a supervision or supervision with activity order made in respect of a young person is to be monitored judicially at the times specified in the direction (or at any other replacement monitoring times the court specifies) if—
a: the order is one made or varied by the court after declaring under section 296B(3)
b: the order is one made by the court under section 283 section 283 section 283(k)
c: the young person has previously been convicted of an offence in the District Court the District Court
i: a community-based sentence (as defined in section 4(1)
ii: a sentence of home detention imposed under section 80A
iii: a sentence of imprisonment (as so defined).
2: The times specified in a direction under subsection (1) (and any replacement monitoring times the court specifies) must require monitoring of the young person's compliance with the conditions specified in the direction—
a: at a time not later than 3 months after the date on which the direction was given; and
b: at least once every 3 months after that time.
3: The young person must be—
a: given or supplied the terms of the direction by a written statement under section 340
b: given reasonable written notice of any replacement times the court specifies. Section 308A inserted 1 October 2010 section 34 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 308A(1)﻿(c) amended 1 March 2017 section 261 District Court Act 2016
308B: Effect of judicial monitoring direction
1: A direction under section 308A
a: monitor the young person's compliance with the conditions that are the subject of the direction; and
b: review the young person's progress in achieving the goals of the plan prepared under section 335
2: The court may, at any time during the duration of a direction under section 308A the chief executive or a constable section 308A
3: If a young person does not appear in answer to a summons that has been served under this section, a Youth Court Judge or District Court Judge may direct that a warrant to arrest that young person and bring that young person before the court be issued. Section 308B inserted 1 October 2010 section 34 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 308B(2) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016
308C: Progress reports
1: If the court has given a direction under section 308A the chief executive
2: The written progress report must be furnished to the court before the young person's compliance with those conditions is monitored judicially for the first time.
3: The progress report—
a: must contain information on the young person's compliance with those conditions and on the young person’s section 335
b: may contain any other information that the chief executive
4: The chief executive 2002 No 9 s 80ZJ Section 308C inserted 1 October 2010 section 34 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 308C(1) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 308C(3)﻿(a) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 308C(3)﻿(b) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 308C(4) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016
309: Failure to observe conditions of supervision order or supervision with activity order
Section 309 repealed 1 October 2010 section 35 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010
310: Suspension, cancellation, and variation of supervision order or supervision with activity order
Section 310 repealed 1 October 2010 section 35 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Supervision with residence orders
311: Supervision with residence order
1: If a charge against a young person is proved before the Youth Court
2: If the Youth Court section 290A
2A: If the Youth Court
a: adjourn the proceedings to a date on which it will consider early release under section 314
i: the date on which two-thirds of the period of the order under subsection (1) will have elapsed; or
ii: if it is not practicable to hold a hearing on that date, a date not more than 7 working days before that date; and
b: make an order under section 283(k)
3: The order required by subsection (2A)﻿(b) must be made either at the same time as the order made under subsection (1) or after that time but—
a: before the expiry of the order made under subsection (1); or
b: before or on the date on which the young person is released from the custody of the chief executive under section 314
4: The order required by subsection (2A)﻿(b) must come into force on the earlier of the expiry specified in subsection (3)﻿(a) and the date specified in subsection (3)﻿(b), and may be made subject to all or any of the following conditions (which, if imposed by the court, apply in addition to the conditions required by section 305 section 306
a: that the young person attend and remain at, for any weekday, evening, and weekend hours each week and for any number of months the court thinks fit, any specified centre approved by the department, and take part in any activity required by the person in charge of the centre:
b: that the young person undertake any specified programme or activity:
c: that the young person reside at an address specified by the court. Section 311 replaced 1 October 2010 section 36 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 311(1) amended 1 March 2017 section 261 District Court Act 2016 Section 311(2) amended 1 March 2017 section 261 District Court Act 2016 Section 311(2A) amended 1 March 2017 section 261 District Court Act 2016 Section 311(2A)﻿(a) replaced 5 December 2013 section 5 Children, Young Persons, and Their Families Amendment Act (No 2) 2013 Section 311(3) replaced 17 December 2022 section 40 Oranga Tamariki Amendment Act 2022
312: Effect of supervision with residence order
1: Where the court makes an order under section 311 chief executive
a: the chief executive has the role of providing day-to-day care for the child or young person as if a parenting order had been made with respect to the child or young person under section 48(1)
b: except to the extent that they are preserved by the court in any order made under section 313
c: for the purposes of section 91
i: the order constitutes an order about the role of providing day-to-day care for the child or young person; and
ii: the chief executive is a person who, under the order, has the role of providing day-to-day care for the child or young person.
2: Any order made under section 311(1) constable the chief executive (acting through the chief executive’s chief executive section 335
3: Where the court makes an order under section 311 chief executive chief executive Section 312(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 312(1)﻿(a) replaced 1 July 2005 section 151 Care of Children Act 2004 Section 312(1)﻿(c) replaced 1 July 2005 section 151 Care of Children Act 2004 Section 312(2) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 312(2) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 312(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 312(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 312(3) amended 1 October 2010 section 37 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 312(3) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
313: Court may make orders for access and exercise of other rights by parents and other persons
1: Where the court makes an order under section 311 chief executive
a: granting access to that young person to that parent or other person:
b: conferring on that parent or other person such other rights in relation to the young person as it thinks fit.
2: Any such order may be made on such terms and conditions as the court thinks fit. Section 313(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
314: Court must in certain cases release young person from custody before expiry of supervision with residence order
1: The court must on the date on which under section 311(2A)﻿(a) section 311
a: the young person has neither absconded nor committed any further offences; and
b: either the young person's behaviour and compliance with any obligations placed on the young person by the plan prepared under section 335
c: the young person has complied satisfactorily with any condition of the order that the young person undertake any specified programme or activity.
2: The chief executive must, as soon as practicable before the date on which under section 311(2A)﻿(a) Section 314 replaced 1 October 2010 section 38 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 314(1) amended 5 December 2013 section 6(1) Children, Young Persons, and Their Families Amendment Act (No 2) 2013 Section 314(1) amended 5 December 2013 section 6(2) Children, Young Persons, and Their Families Amendment Act (No 2) 2013 Section 314(2) amended 5 December 2013 section 6(3) Children, Young Persons, and Their Families Amendment Act (No 2) 2013
315: Supervision with residence order to cease to run if young person absconds
Where a young person who is subject to an order made under section 311(1) chief executive chief executive Section 315 amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
316: Court may cancel supervision with residence order if young person absconds
or fails to comply with order
1: The Youth Court chief executive section 311 chief executive chief executive
1A: The Youth Court may, on the application of the chief executive, cancel an order made under section 311
2: Where the court cancels a supervision with residence order under subsection (1) or (1A)
a: the court shall at the same time cancel the order required to be made under section 311(2A)
b: the court may substitute, in relation to the young person in respect of whom the order was made, any other order that it could have made at the time when the order was made.
3: Every application under this section shall be served on the young person to whom the supervision with residence order relates, and on the barrister or solicitor or youth advocate representing that young person, and those persons shall be entitled to appear and be heard at the hearing of the application.
4: Subsection (2) is subject to section 289(3) Section 316 heading amended 1 July 2019 section 121(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 316(1) amended 1 March 2017 section 261 District Court Act 2016 Section 316(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 316(1A) inserted 1 July 2019 section 121(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 316(2) amended 1 July 2019 section 121(3) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 316(2)﻿(a) amended 1 October 2010 section 39(1) Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 316(4) inserted 1 October 2010 section 39(2) Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010
317: When supervision with residence order ceases to have effect
1: Every order made under section 311(1) order's period elapses chief executive section 314
1A: If the period of an order made under section 311(1)
1B: Non-release day subsection (1A)
a: Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, Te Rā Aro ki a Matariki/Matariki Observance Day,
b: a day in the period commencing with 25 December in a year and ending with 15 January in the following year; or
c: in respect of release from a particular place, the anniversary day of the region in which that place is situated.
2: Where an order made under section 311(1) section 316 1974 No 72 s 49(1)–(7), (9) 1983 No 129 s 13 Section 317(1) amended 5 December 2013 section 7(1) Children, Young Persons, and Their Families Amendment Act (No 2) 2013 Section 317(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 317(1A) inserted 5 December 2013 section 7(2) Children, Young Persons, and Their Families Amendment Act (No 2) 2013 Section 317(1B) inserted 5 December 2013 section 7(2) Children, Young Persons, and Their Families Amendment Act (No 2) 2013 Section 317(1B)﻿(a) amended 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022
318: Search without warrant
1: For the purpose of exercising the powers conferred by section 312 constable the chief executive (acting through the chief executive’s chief executive
2: A person
a: produce evidence of identity; and
b: disclose that those powers are being exercised under this section. 1974 No 72 s 49AB 1983 No 129 s 13 Section 318(1) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 318(1) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 318(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 318(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 318(2) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016
319: Medical treatment of young person in custody of
chief executive No young person who has been placed in the custody of the chief executive section 311
a: in the case of a young person of or over the age of 16 years, by that young person; or
b: in any other case,—
i: by a parent or guardian (not being the chief executive
ii: if there is no such parent or guardian in New Zealand or no such parent or guardian can be found with reasonable diligence or is capable of giving consent, by a person in New Zealand who has been acting in the place of a parent; or
iii: if there is no person in New Zealand who has been so acting, or if no such person can be found with reasonable diligence or is capable of giving consent, by a District Court Judge or the chief executive Section 319 heading amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 319 amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 319(b)﻿(i) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 319(b)﻿(iii) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Review of orders for periods of at least 8 months Heading inserted 1 October 2010 section 40 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010
319A: Orders must be reviewed
1: This section applies to an order only if the order is—
a: a mentoring programme order under section 283(jb)
b: an alcohol or drug rehabilitation programme order under section 283(jc)
c: a supervision order under section 311(2A)
2: After making an order to which this section applies, the court—
a: must fix promptly a date (which must be not later than 6 months after the order comes into force, and before it expires) for review of the plan that was prepared in respect of the order in accordance with section 335 plan
b: may direct who is to review the plan (and if it does not make a direction, the person who prepared the plan is deemed to have been directed to review it under this paragraph); and
c: may, at any time, and either on its own initiative or on the application of a party to the proceedings or a barrister or solicitor or youth advocate representing the young person, amend a direction made or deemed to be made under paragraph (b), or revoke it and substitute another direction.
3: On or before the date fixed under subsection (2)﻿(a), the person who is directed to review the plan must review the plan and furnish to the court—
a: a report setting out the results of the review; and
b: a revised plan in respect of the young person.
4: The report furnished to the court under subsection (3) must—
a: state which of the objectives set out in the plan have been achieved and which of those objectives are yet to be achieved:
b: state, in respect of those objectives that are yet to be achieved, what action is required to achieve those objectives:
c: recommend, in respect of any order made by the court under this Part in relation to the young person to whom the plan relates, whether that order should continue in force, or be varied, suspended, or discharged, and whether any condition of that order should be continued in force, or be varied, suspended, or discharged, and the reasons for those recommendations:
d: state, in respect of those persons who were required to be given a copy of the plan pursuant to section 191 section 339
5: The court must consider a report furnished to it pursuant to subsection (3) and the accompanying revised plan, and, after giving such persons (if any) as it thinks fit an opportunity to be heard, the court may do either or both of the following things:
a: exercise, in relation to the order (if it remains in force), any of the powers set out in section 296E
b: if the court considers the report furnished under subsection (3), or the revised plan, or both, to be inadequate, direct the person who prepared the report to furnish to the court a further report, or a further revised plan, or both, ensuring that the direction to that person indicates any specific matter that it requires to be dealt with in that report or plan. Section 319A inserted 1 October 2010 section 40 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Reports on effectiveness of orders
320: Report to be made to court on effectiveness of certain orders
1: Where the court makes a community work order under section 298 chief executive
1A: If the court makes a parenting education programme order under section 238(ja) section 283(jb) section 283(jc)
2: Where, pursuant to an order made under section 283(k) section 296G section 307 section 307(2) section 311(2A) chief executive chief executive
3: Where, pursuant to an order made under section 311(1) chief executive chief executive
4: Every report required by this section to be furnished to the court in relation to an order must contain—
a: an assessment of the effectiveness of the order:
b: an assessment of the response to the order of the young person or, if the order is a parenting education programme order made under section 283(ja)
i: the responses to the order of the person in respect of whom the order was made; and
ii: if it is reasonably practicable to ascertain them, the responses to the order of every child or young person affected by the order (other than any young person in respect of whom the order was made):
c: if the order is a parenting education programme order made under section 283(ja) section 297A(4) Part 2
d: any other information the person who is required to furnish the report considers relevant.
5: Where, pursuant to this section, any person or organisation furnishes a report to the court, that person or organisation shall send a copy of that report to—
a: the appropriate youth justice co-ordinator; and
b: the young person to whom the report relates; and
c: the barrister or solicitor or youth advocate representing that young person. Section 320(1) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 320(1A) inserted 1 October 2010 section 41(1) Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 320(2) amended 1 October 2010 section 41(2) Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 320(2) amended 1 October 2010 section 41(3) Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 320(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 320(3) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 320(4) replaced 1 October 2010 section 41(4) Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010
5: Provisions relating to procedure in Youth Court
General
321: Application of Acts relating to bail, criminal disclosure, criminal procedure,
victims' rights, Court
1: Subject to the provisions of this Act, the provisions set out in Schedule 1 the Youth Court and to proceedings in that court
2: For the purposes of section 293 , the Youth Court and its officers have all the powers and duties of the District Court Part 3
3: In any provisions so applied, District Court Judge Judge judicial officer in the Youth Court
4: Any officer of the District Court may act as an officer of the Youth Court.
5: For the avoidance of doubt, it is hereby declared that, in any case where a child or young person first appears before the Youth Court their or Community Magistrate
a: the powers conferred by section 238(1)
b: where the child or young person is legally represented in the proceedings, the powers conferred by section 246(b) 1974 No 72 s 99 Section 321 heading replaced 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 321 heading amended 1 March 2017 section 261 District Court Act 2016 Section 321 heading amended 6 December 2014 section 8 Children, Young Persons, and Their Families Amendment Act 2014 Section 321(1) amended 1 March 2017 section 261 District Court Act 2016 Section 321(2) amended 1 March 2017 section 261 District Court Act 2016 Section 321(3) replaced 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 321(3) amended 1 March 2017 section 261 District Court Act 2016 Section 321(4) replaced 1 March 2017 section 261 District Court Act 2016 Section 321(5) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 321(5) inserted 8 January 1995 section 40 Children, Young Persons, and Their Families Amendment Act 1994 Section 321(5) amended 1 March 2017 section 261 District Court Act 2016 Section 321(5) amended 30 June 1998 section 7 District Courts Amendment Act 1998
322: Time for instituting proceedings
A Youth Court Judge may dismiss any charge 1974 No 72 s 100 Section 322 amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Youth advocates
323: Appointment of youth advocate to represent child or young person
1: Where a child or young person appears before the Youth Court
a: the child or young person is already represented by a barrister or solicitor in those proceedings; or
b: the court is satisfied that legal representation has been arranged, or will be arranged, for that child or young person in those proceedings,— the court shall appoint a barrister or solicitor to represent that child or young person in those proceedings.
2: Where the court appoints a barrister or solicitor under subsection (1), it shall, so far as practicable, appoint a barrister or solicitor who is, by reason of personality, cultural background, training, and experience, suitably qualified to represent the child or young person.
3: Where,—
a: pursuant to subsection (1), the court is required to appoint a barrister or solicitor to represent a child or young person in any proceedings; and
b: a youth advocate has been appointed to represent the child or young person in any previous proceedings or appointed to represent a child or young person at a family group conference under section 248A the court shall, where possible, appoint that youth advocate to represent the child or young person in the later proceedings. Section 323(1) amended 1 March 2017 section 261 District Court Act 2016 Section 323(3)﻿(b) amended 1 July 2019 section 122 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
324: Further provisions relating to youth advocate
1: A youth advocate appointed to represent a child or young person in any proceedings shall have, in relation to the representation of that child or young person in those proceedings and on any other occasion on which that youth advocate represents that child or young person, the same rights, powers, duties, privileges, and immunities that the youth advocate would have had if they section 323
2: Where—
a: a youth advocate is appointed to represent a young person in any proceedings; and
b: in those proceedings the court makes, in respect of that young person, any order under section 283 that youth advocate shall, if the young person agrees, be entitled to represent the young person—
c: on any appeal under section 351 section 352 section 353 section 354 Part 4
d: where the court makes an order under section 283(o) the District Court
i: in the proceedings before the District Court:
ii: on any appeal against that sentence or decision:
iii: in relation to any matter arising out of that sentence or decision while that young person is detained in custody pursuant to that sentence or decision.
3: A youth advocate appointed to represent a child or young person in any proceedings may, if requested to do so by the child or young person,—
a: attend any family group conference held under Part 4
b: act on behalf of the child or young person in respect of any matter relating to the detention of that child or young person in secure care, or the care of that child or young person in a residence. Section 324(1) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 324(2)﻿(d) amended 1 March 2017 section 261 District Court Act 2016
325: Payment of youth advocate
1: The fees and expenses of a youth advocate must—
a: be determined in accordance with regulations made under this Act or, if no such regulations are made, by the Registrar of the court; and
b: be paid out of a Crown Bank Account from money appropriated by Parliament for the purpose.
2: The bill of costs rendered by a youth advocate shall be given to the Registrar of the court that appointed that youth advocate, and the Registrar may tax the bill of costs.
3: A youth advocate who is dissatisfied with the decision of the Registrar as to the amount of the bill may, within 14 days after the date of the decision, apply to a Youth Court Judge to review the decision; and the Judge may make such order varying or confirming the decision as the Judge considers fair and reasonable.
4: Notwithstanding subsection (1), the court may, if it thinks proper, order any party to the proceedings to refund to the Crown such amount as the court specifies in respect of any fees and expenses paid under that subsection, and the amount ordered to be refunded shall be a debt due to the Crown by that party and shall be recoverable accordingly in any court of competent jurisdiction. 1980 No 94 s 162 Section 325(1) replaced 17 December 2022 section 41 Oranga Tamariki Amendment Act 2022 Lay advocates
326: Appointment of lay advocate
1: Where a child or young person appears before the Youth Court
2: Where the court appoints a lay advocate under subsection (1), it shall, so far as practicable, appoint a person who has, by reason of personality, cultural background, knowledge, and experience, sufficient standing in the culture of the child or young person in respect of whom the appointment is to be made to enable that person to carry out their
3: The court may make an appointment under subsection (1) notwithstanding that the child or young person is represented in the proceedings by a barrister or solicitor. Section 326(1) amended 1 March 2017 section 261 District Court Act 2016 Section 326(2) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
327: Functions of lay advocate
The principal functions of a lay advocate appointed under section 326
a: to ensure that the court is made aware of all cultural matters that are relevant to the proceedings:
b: to represent the interests of the child's or young person's whanau, hapu, and iwi (or their equivalents (if any) in the culture of the child or young person) to the extent that those interests are not otherwise represented in the proceedings.
328: Further provisions relating to lay advocate
Subsections (2) and (3) of section 324 section 326(1)
328A: Payment of lay advocate
1: The fees and expenses of a lay advocate appointed under section 326
a: be determined in accordance with regulations made under this Act or, if no such regulations are made, by the Registrar of the court; and
b: be paid out of a Crown Bank Account from money appropriated by Parliament for the purpose.
2: Notwithstanding subsection (1), the court may, if it thinks proper, order any party to the proceedings to refund to the Crown such amount as the court specifies in respect of any fees and expenses paid under that subsection, and the amount ordered to be refunded shall be a debt due to the Crown by that party and shall be recoverable accordingly in any court of competent jurisdiction. Section 328A inserted 1 November 1989 Children, Young Persons, and Their Families Amendment Act 1989 Section 328A(1) replaced 17 December 2022 section 42 Oranga Tamariki Amendment Act 2022 Attendance at hearings and right to make representations
329: Persons entitled to be present at hearing
1: No person shall be present during the hearing of any proceedings in the Youth Court
a: officers of the court:
b: the child or young person:
c: the prosecutor
d: the parents or guardians or other person having the care of the child or young person:
e: where a family group conference has been held under Part 4
f: any barrister or solicitor or youth advocate representing the child or young person:
g: any barrister or solicitor representing any parent or guardian of the child or young person:
h: any youth justice co-ordinator:
i: the chief executive
j: any lay advocate who appears in support of the child or young person or any parent or guardian or other person having the care of the child or young person:
ja: a victim of the offence or alleged offence, or the victim’s
jb: any 1 or more support persons (subject to any limitation on numbers imposed by the Judge) for the victim of the offence, or the victim's representative:
k: witnesses:
l: accredited news media reporters:
m: any other person whom the Judge permits to be present.
2: If, during the hearing, the Judge requests a person of the kind described in paragraph (jb) or (k) to leave the courtroom, that person must do so.
3: Nothing in this section limits any other power of the court to hear proceedings in private or to exclude any person from the court. 1974 No 72 s 23 1980 No 94 s 159(2), (3), (5) Section 329(1) amended 1 March 2017 section 261 District Court Act 2016 Section 329(1)﻿(c) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 329(1)﻿(i) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 329(1)﻿(ja) inserted 6 December 2014 section 9(1) Children, Young Persons, and Their Families Amendment Act 2014 Section 329(1)﻿(ja) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 329(1)﻿(jb) inserted 6 December 2014 section 9(1) Children, Young Persons, and Their Families Amendment Act 2014 Section 329(2) replaced 6 December 2014 section 9(2) Children, Young Persons, and Their Families Amendment Act 2014
330: Right to make representations in Youth Court
1: Where a child or young person appears before the Youth Court
a: the child or young person:
b: any barrister or solicitor or youth advocate who represents the child or young person:
c: any parent or guardian or other person having the care of the child or young person:
d: any lay advocate who appears in support of the child or young person or any parent or guardian or other person having the care of the child or young person:
e: with the leave of the court, any other person.
2: Where a child or young person appears before the Youth Court
a: that parent or guardian or other person:
b: any barrister or solicitor who represents that parent or guardian or other person:
c: any lay advocate who appears in support of that parent or guardian or other person:
d: with the leave of the court, any other person.
3: Where, in respect of any child or young person who appears before the Youth Court Part 4 1974 No 72 s 40(b), (c) 1983 No 129 s 9 Section 330(1) amended 1 March 2017 section 261 District Court Act 2016 Section 330(2) amended 1 March 2017 section 261 District Court Act 2016 Section 330(3) amended 1 March 2017 section 261 District Court Act 2016 Arrangements for hearings in Youth Court Heading amended 1 March 2017 section 261 District Court Act 2016
331: Matters before court to be dealt with separately
So far as practicable the sittings of the Youth Court
a: persons attending are not brought into contact with persons in attendance at any other court; and
b: both the extent to which children and young persons are able to associate within the court premises while awaiting hearing, and the extent to which parents are obliged to congregate in common waiting facilities pending the hearing of proceedings in which they are involved, are reduced to a minimum. 1974 No 72 s 22 Section 331 amended 1 March 2017 section 261 District Court Act 2016
332: Arrangements for hearing of proceedings in Youth Court
1: So far as practicable the hearing of proceedings in the Youth Court
2: The time stated in every summons requiring a person to appear before the Youth Court Section 332(1) amended 1 March 2017 section 261 District Court Act 2016 Section 332(2) amended 1 March 2017 section 261 District Court Act 2016 Reports
333: Medical, psychiatric, and psychological reports
1: If, at any stage of any proceedings under Part 4 the Family Court sections 178 181 sections 179 180 182 183 184 185
2: Without limiting the provisions of subsection (1), the court may obtain a psychiatric or psychological
a: whether the young person is unfit to stand trial within the meaning of section 4
b: if the young person is insane within the meaning of section 23
c: the type and duration of any order that it is empowered to make under Part 4
d: the nature of any requirement that it might impose as part of, or as a condition of, any order that it is empowered to make under Part 4
3: Without limiting the provisions of subsection (1), the court may make it a condition of any grant of bail that a young person shall attend, in accordance with the court's directions, for the purposes of a psychiatric examination or a psychological assessment Section 333(1) amended 1 March 2017 section 261 District Court Act 2016 Section 333(2) amended 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 333(2)﻿(a) amended 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 333(3) amended 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003
334: Report by social worker
1: Where the court makes a finding that a charge against a young person is proved, the court may, before making any order under section 283
2: The court shall not make an order under paragraph (ja) or paragraph (jb) or paragraph (jc) or paragraph (k) or paragraph (l) or paragraph (m) or paragraph (n) or paragraph (o) of section 283 , or under section 296G
3: The court shall consider every report furnished to it pursuant to this section.
4: Every report furnished to the court pursuant to this section shall include—
a: such information relating to the disposition of the case as will assist the court in its consideration of the matter:
b: such information as the court may direct.
5: Every report required pursuant to this section shall be prepared, where appropriate, in consultation with a Maatua Whangai worker. 1974 No 72 s 41(3), (5) 1982 No 135 s 9(1) Section 334(2) amended 1 October 2010 section 42(a) Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 334(2) amended 1 October 2010 section 42(b) Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010
335: Report to be accompanied by plan
1: Every report required under section 334 paragraph (ja) or paragraph (jb) or paragraph (jc) or paragraph (k) or paragraph (l) or paragraph (m) or paragraph (n) of section 283 , or under section 296G
a: the arrangements that would be made for the care and control of the young person during the period in which the young person would be in the custody, or under the supervision, of the chief executive
b: the nature of any programme that would be provided to the young person during that period.
2: Every plan required by subsection (1) shall be prepared—
a: where it is proposed to place the young person under the supervision of any person (other than the chief executive
b: by the chief executive Section 335(1) amended 1 October 2010 section 43(a) Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 335(1) amended 1 October 2010 section 43(b) Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 335(1)﻿(a) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 335(2)﻿(a) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 335(2)﻿(b) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016
336: Court may obtain cultural or community report
Before making any order under section 283 the Family Court section 187 Section 336 amended 1 March 2017 section 261 District Court Act 2016
337: Reports may be made orally
The court may, unless any person entitled to make representations in the proceedings objects, direct that any report required pursuant to section 334 section 336
338: Privilege for reports
The provisions of section 188 section 296M section 308C section 314 section 319A section 320 section 333 section 334 section 336 Section 338 amended 12 December 2012 section 8 Children, Young Persons, and Their Families Amendment Act 2012 Section 338 amended 1 October 2010 section 44 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010
339: Access to reports and plans under this Part
The provisions of sections 191 to 194
a: every report furnished to the court pursuant to section 296M section 308C section 314 section 319A section 320 section 333 section 334 section 336
b: every plan furnished to the court pursuant to section 296M section 319A section 335 Section 339(a) amended 12 December 2012 section 9(1) Children, Young Persons, and Their Families Amendment Act 2012 Section 339(a) amended 1 October 2010 section 45(1) Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 339(b) amended 12 December 2012 section 9(2) Children, Young Persons, and Their Families Amendment Act 2012 Section 339(b) amended 1 October 2010 section 45(2) Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Written statement of terms of orders
340: Written statement of terms of certain orders to be given to young person
1: After making an order under paragraph (ja), (jb), (jc), (k), (l), (m), (n), or (o) of section 283 section 296G
a: the terms and conditions of the order (for example, in the case of an intensive supervision order under section 296G section 296J
b: if the young person's compliance with any of the conditions of the order is to be monitored judicially in accordance with a direction under section 308A
c: in the case of an order under section 283(n) or (o)
d: in the case of an intensive supervision order under section 296G section 296J
e: possible consequences of a failure to comply with the order:
f: provisions for variation of the order:
g: rights of appeal against the order or the finding on which the order was based.
2: However, subsection (1) applies to an order made under section 283(ja)
3: The court may for the purposes of subsection (1) direct that the young person must remain at the court for a period, not exceeding 1 hour, that may be necessary to enable the statement to be supplied to the young person.
4: If it is not practicable to supply a written statement to the young person before the young person leaves the court, the statement must be supplied to the young person, and to the barrister or solicitor or youth advocate representing that young person, as soon as practicable. 1985 No 120 s 58 Section 340 replaced 1 October 2010 section 46 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010
6: Appeals
Appeals from decisions of Family Court Heading amended 1 March 2017 section 261 District Court Act 2016
341: Rights of appeal against decisions of
Family Court
1: This subsection applies to a decision of the Family Court
a: make or refuse to make an order (other than an interlocutory or interim order); or
b: dismiss the proceedings; or
c: otherwise finally determine the proceedings.
2: A party to proceedings in which there is made a decision to which subsection (1) applies, a child or young person to whom the proceedings relate, or any other person prejudicially affected by the decision, may appeal to the High Court against the decision.
3: A party to proceedings under this Act in the Family Court
4: An appeal under this section may be from the whole or part of the decision or order concerned. Section 341 replaced 24 November 2003 section 4 District Courts Amendment Act 2002 Section 341 heading amended 1 March 2017 section 261 District Court Act 2016 Section 341(1) amended 1 March 2017 section 261 District Court Act 2016 Section 341(3) amended 1 March 2017 section 261 District Court Act 2016
342: Procedure for bringing appeal
Section 342 repealed 24 November 2003 section 4 District Courts Amendment Act 2002
343: Notice of appeal to be given to local
principal manager Except where the appellant is the chief executive section 341(2) principal manager of the department for the area Section 343 heading amended 1 April 1992 section 4(f) Social Security Amendment Act 1992 Section 343 amended 24 November 2003 section 4 District Courts Amendment Act 2002 Section 343 amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
344: Notice of appeal not to affect orders unless court otherwise directs
Except where the court making the order appealed from otherwise directs, the operation of an order made under this Act shall not be suspended by an appeal under section 341 1980 No 94 s 174(9)
345: Interim custody order pending appeal
1: Any party to an appeal under section 341(2)
2: Every order made under subsection (1) shall come into force on the day on which it is made and, unless sooner revoked, shall remain in force until the appeal is finally determined by the High Court.
3: An order made under subsection (1) shall have effect as if it were an order made under section 78 sections 79 to 82
4: The High Court may at any time on the application of any party to the appeal or of its own motion vary, modify, or revoke any order made under subsection (1) or vary, modify, or revoke any term or condition of the order. Section 345(1) amended 24 November 2003 section 4 District Courts Amendment Act 2002
346: Procedure on appeal
1: The High Court Rules 2016 sections 126 to 129 section 341 section 124
2: On the ex parte section 126(1)
3: Sections 156 157 166 to 169 section 341
4: Subsections (2) and (3) and sections 207O 207U Section 346 replaced 24 November 2003 section 4 District Courts Amendment Act 2002 Section 346(1) replaced 1 March 2017 section 261 District Court Act 2016 Section 346(2) amended 1 March 2017 section 261 District Court Act 2016
347: Appeal to Court of Appeal
1: A party to an appeal under section 341
2: On the appeal, the Court of Appeal has the same power to adjudicate the High Court had. Section 347 replaced 1 January 2004 section 47 Supreme Court Act 2003
348: Determination of appeals
1:
2: Every decision of the High Court shall have effect as if it were a decision or order made by the Family Court sections 341 to 347
3: Section 348(1) repealed 24 November 2003 section 4 District Courts Amendment Act 2002 Section 348(2) amended 1 March 2017 section 261 District Court Act 2016 Section 348(3) repealed 1 January 2004 section 48(2) Supreme Court Act 2003
349: Court may refer appeals back for reconsideration
Section 349 repealed 24 November 2003 section 4 District Courts Amendment Act 2002
350: Decision of High Court
principal manager
1: The Registrar of the High Court must send a copy of every decision that the High Court gives under section 348
2: Notice of the fact that an appeal has not been proceeded with shall be given by the Registrar of the High Court to the principal manager of the department for the area Section 350 heading amended 17 December 2022 section 43(1)﻿(a) Oranga Tamariki Amendment Act 2022 Section 350 heading amended 17 December 2022 section 43(1)﻿(b) Oranga Tamariki Amendment Act 2022 Section 350(1) replaced 17 December 2022 section 43(2) Oranga Tamariki Amendment Act 2022 Section 350(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 350(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Appeals from decisions of Youth Court
351: Appeals from decisions of Youth Court by young person
1: Every young person who has been found by the Youth Court
a: the finding of the court:
b: any order made by the court based on that finding:
c: both the finding of the court and any order made based on that finding.
1A: For the purposes of subsection (1), an order made by the court based on that finding includes, without limitation, an order varying, or made in substitution for, an earlier order made by the court based on that finding.
2: A young person may not appeal against a finding of the court until the young person has been dealt with by the court under section 283
3: Nothing in subsection (2) shall prevent a young person who has not been dealt with by the court under section 283
4: In any case where a young person has not been dealt with by the court under section 283 1974 No 72 s 53(1), (2) 1980 No 87 s 2 Section 351(1) amended 1 March 2017 section 261 District Court Act 2016 Section 351(1A) inserted 1 October 2010 section 47 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010
352: Appeal by parents or guardians or other persons having care of young person
Any parent or guardian or other person having the care of a young person may appeal to the High Court against—
a: any order made by the Youth Court section 283(k) or (m) or (n)
ab: an order made under section 297B(5) section 283(jc)
ac: an order made under section 307(4) section 307(1)
ad: an intensive supervision order made under section 296G
b: any order made under section 283(e)
c: any order made under section 283(f)
d: any order made under section 283(g)
e: an order made under section 283(ja) 1974 No 72 s 54 1982 No 135 s 12 Section 352(a) amended 1 March 2017 section 261 District Court Act 2016 Section 352(ab) inserted 1 October 2010 section 48(1) Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 352(ac) inserted 1 October 2010 section 48(1) Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 352(ad) inserted 1 October 2010 section 48(1) Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 352(e) inserted 1 October 2010 section 48(2) Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010
353: Appeal by persons other than young person dealt with in Youth Court
1: Any person, other than a young person, who is convicted in the Youth Court
a: the conviction:
b: any sentence of the court based on the conviction:
c: both the conviction and any sentence of the court based on the conviction.
2: No appeal against a conviction may be brought under subsection (1) until the person convicted has been sentenced or otherwise dealt with. 1974 No 72 s 55 Section 353(1) amended 1 March 2017 section 261 District Court Act 2016
354: Appeal on a point of law only
1: Any person entitled to appeal under section 351 section 352 section 353 the Youth Court
2: The prosecutor the Youth Court 1974 No 72 s 56 Section 354(1) amended 1 March 2017 section 261 District Court Act 2016 Section 354(1) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 354(2) amended 1 March 2017 section 261 District Court Act 2016 Section 354(2) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011
355: Application of Part 6 of Criminal Procedure Act 2011
1: The provisions of Part 6
a: so far as they relate to appeals against conviction and sentence, apply as far as applicable with the necessary modifications to every appeal under section 351 352 353
b: so far as they relate to appeals on questions of law only, apply as far as applicable with the necessary modifications to every appeal under section 354
2: Subsection (1) is subject to this Part.
3: In the application of the provisions of Part 6
a: references to the District Court were references to the Youth Court
b:
c: references to a District Court Judge or Justice or Justices or Community Magistrate or Community Magistrates were references to a Youth Court Judge exercising jurisdiction in the Youth Court Section 355 replaced 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 355(3)﻿(a) amended 1 March 2017 section 261 District Court Act 2016 Section 355(3)﻿(b) repealed 1 March 2017 section 261 District Court Act 2016 Section 355(3)﻿(c) amended 1 March 2017 section 261 District Court Act 2016
356: Effect of notice of appeal on certain orders
1: The operation of any order made by the Youth Court paragraph (k) or paragraph (l) or paragraph (m) or paragraph (n) of section 283 the Youth Court
2: Notice of any application or direction under subsection (1) shall be given by the Registrar to the principal manager of the department for the area
3: Where a direction is given under subsection (1) in respect of any order, the period Section 356(1) amended 1 March 2017 section 261 District Court Act 2016 Section 356(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 356(3) amended 5 December 2013 section 8 Children, Young Persons, and Their Families Amendment Act (No 2) 2013
357: Application of section 329 to hearing of appeal
The provisions of section 329 the Youth Court 1974 No 72 s 59 Section 357 amended 1 March 2017 section 261 District Court Act 2016
358: Presence of young person at hearing of appeal
1: On the hearing of any appeal relating to an order under paragraph (k) or paragraph (l) or paragraph (m) or paragraph (n) of section 283 chief executive chief executive
2: On the hearing of any appeal relating to an order made under section 283(n) chief executive
3: Where under this section a young person is entitled to be present in the High Court on the hearing of any appeal, the person having custody of that young person may, without further authority than this subsection, cause that young person to be taken to the High Court for the hearing.
4: Where any appeal relating to a young person is made under this Part, the High Court or a Judge of that court may order that the young person shall be present at the hearing. 1974 No 72 s 60 Section 358(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 358(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
359: Presence of parents at hearing of appeal from decisions of Youth Court
1: Where any appeal relating to a young person is made under this Part from a decision of the Youth Court
2: Where, pursuant to subsection (1), the High Court or a Judge of that court orders any person to be present at any hearing, the Registrar of that court shall cause every person so ordered to be present to be served with written notice of the time and place at which that person is required to attend.
3: If any person fails to attend at the High Court in accordance with an order made under subsection (1), the court may direct the issue of a warrant to arrest that person and bring that person before the court.
4: At the hearing of any such appeal, any parent or guardian of the young person, or any person having the care of the young person, may be examined in respect of any matter relating to the proceedings. 1974 No 72 s 61 Section 359(1) amended 1 March 2017 section 261 District Court Act 2016
360: Notification of appeal and result of appeal to local
principal manager
1: Where any appeal under this Part relates to an order made under paragraph (k) or paragraph (m) or paragraph (n) of section 283 principal manager of the department for the area
2: Where the decision of the High Court on any such appeal has been given, the Registrar of the High Court shall send to that principal manager
3: If an appeal is abandoned under the Criminal Procedure Act 2011
4: 1974 No 72 s 62 Section 360 heading amended 1 April 1992 section 4(f) Social Security Amendment Act 1992 Section 360(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 360(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 360(3) replaced 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 360(4) repealed 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011
7: Children and young persons in care of
chief executive Part 7 heading amended 1 October 1999 section 11(3) Department of Child, Youth and Family Services Act 1999
361: Application of sections 362, 364, 365, 387, 390 to 392, 394, and 395
Sections 362 364 365 387 390 to 392 394 395
a: any child or young person who is placed in the care of the chief executive iwi social service or a cultural social service section 139 section 140
b: any child or young person who is placed in the custody of the chief executive section 39 section 40 section 42
c: any child or young person who is placed in the custody of the chief executive iwi social service or a cultural social service section 78 section 101
d: any child or young person who is placed under the sole guardianship of the chief executive iwi social service or a cultural social service section 110
e: any child or young person who is placed in the custody of an iwi social service or a cultural social service section 234(c)﻿(ii)
f: any child or young person who is placed in the custody of the chief executive section 235
g: any child or young person who is ordered to be detained in the custody of the chief executive iwi social service or a cultural social service section 238(1)﻿(d)
h: any young person who is placed in the custody of the chief executive section 283(n)
ha: any child or young person who is placed in the custody of the chief executive or an iwi social service or a cultural social service or the director of a child and family support service pursuant to an order made under section 297B(5) 307(4) section 365
i: any child or young person who is placed in the custody of the chief executive iwi social service or a cultural social service section 345 Section 361(a) amended 1 July 2019 section 123 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 361(a) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 361(a) amended 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994 Section 361(b) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 361(c) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 361(c) amended 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994 Section 361(d) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 361(d) amended 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994 Section 361(e) amended 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994 Section 361(f) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 361(g) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 361(g) amended 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994 Section 361(h) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 361(ha) inserted 12 December 2012 section 10 Children, Young Persons, and Their Families Amendment Act 2012 Section 361(i) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 361(i) amended 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994 Placement of children and young persons
362: Children and young persons may be placed in care of approved persons
Subject to sections 43 81 104 114(2)﻿(c) chief executive iwi social service or a cultural social service chief executive that social service chief executive that social service 1974 No 72 s 67 Section 362 amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 362 amended 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994
363: Payment to person or organisation providing care
1: The chief executive section 362
1A: The purpose of a payment is to meet the reasonable needs of the child or young person.
2: Where, pursuant to section 362 chief executive iwi social service or a cultural social service
3: Subject to any limits that are determined from time to time by the chief executive chief executive iwi social service or a cultural social service
4: Subsections (1) to (3) do not apply, and must be treated as never having applied, in respect of a child's or young person's placement with their
a: the child or young person is or was a child or young person to whom section 361
b: under section 362
5: The minimum rates of payment determined under subsection (1) in respect of the board and lodgings of children and young persons must be adjusted, by Order in Council, as at 1 April each year so that in each case the new rate is the rate as at that date adjusted by any percentage movement upwards in the Consumers Price Index (all groups) Consumers Price Index (all groups) Consumers Price Index (all groups)
6: The adjustments (by any percentage movement upwards in the Consumers Price Index (all groups) in any year from 2011 to 2021
a: if, and insofar as, they relate to movements during quarters that end before 29 April 2010, using index numbers for those quarters of the Consumers Price Index (all groups)
b: if, and insofar as, they relate to movements during quarters that end after 28 April 2010, using index numbers for those quarters of the Consumers Price Index (less cigarettes and tobacco subgroup) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index
7: An adjustment under subsection (5) must not reduce the weekly amounts payable under subsection (1) in respect of the board and lodgings of children and young persons.
8: Every Order in Council made under subsection (5) comes into force or is considered to have come into force on 1 April of the calendar year in which it is made, and applies to the rates payable in respect of the board and lodgings of children and young persons on and after that date.
9: In this section, Consumers Price Index (all groups)
10: The following are secondary legislation ( see Part 3
a: a determination under subsection (1):
b: an order under subsection (5).
11: An order under subsection (5) commences in accordance with that subsection, even if it is not yet published. 1974 No 72 s 68 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (10)﻿(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (10)﻿(a) Publication It is not required to be published LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 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. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (10)﻿(b). Legislation Act 2019 requirements for secondary legislation referred to in subsection (10)﻿(b) 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 363(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 363(1A) inserted 14 July 2017 section 124 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 363(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 363(2) amended 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994 Section 363(3) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 363(3) amended 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994 Section 363(4) inserted 24 August 2010 section 4(1) Children, Young Persons, and Their Families Amendment Act 2010 Section 363(4) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 363(5) inserted 27 September 2010 section 4(2) Children, Young Persons, and Their Families Amendment Act 2010 Section 363(5) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 363(6) inserted 27 September 2010 section 4(2) Children, Young Persons, and Their Families Amendment Act 2010 Section 363(6) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 363(6) amended 31 May 2016 section 6 Customs and Excise (Tobacco Products—Budget Measures) Amendment Act 2016 Section 363(6) amended 24 October 2012 section 3 Children, Young Persons, and Their Families (Indexation—Budget Measures) Amendment Act 2012 Section 363(6)﻿(a) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 363(6)﻿(b) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 363(7) inserted 27 September 2010 section 4(2) Children, Young Persons, and Their Families Amendment Act 2010 Section 363(8) inserted 27 September 2010 section 4(2) Children, Young Persons, and Their Families Amendment Act 2010 Section 363(9) replaced 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 363(10) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 363(11) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Residences
364: Authority to establish residences
1: The chief executive chief executive
1A: When deciding the number, types, and range of residences to be established and maintained, the chief executive must consider establishing a sufficient number, sufficient types, and a sufficient range of community-based residences to be available for children and young persons who are detained in the chief executive’s custody under section 238(1)﻿(d)
2: In particular, and without limiting the generality of subsection (1), the chief executive
a: remand, observation, assessment, classification, and short-term training purposes:
b: the provision of a variety of programmes of special training and rehabilitation:
c: the provision of periodic training, of recreational, educational, or vocational activities, or of work either in a residence or in the community under supervision:
d: the provision of secure care.
3: It is hereby declared that every residence that the chief executive Public Works Act 1981 1974 No 72 s 69 Section 364(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 364(1A) inserted 1 July 2019 section 125 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 364(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 364(3) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
364A: Residence management committees
Section 364A repealed 1 April 1991 section 4(1) Social Welfare (Transitional Provisions) Amendment Act 1991
364B: Functions of residence management committees
Section 364B repealed 1 April 1991 section 4(1) Social Welfare (Transitional Provisions) Amendment Act 1991
365: Chief executive
1: The chief executive sole guardianship chief executive section 364
2: In exercising the power conferred by subsection (1), the chief executive purposes sections 4 4A 5 section 13 section 208
3: The chief executive must consider all reasonably practicable less restrictive alternative placements that may be available and appropriate for the child before exercising the power conferred by subsection (1) to place in a youth justice residence (as defined in subsection (4)) a child—
a: aged 12 or 13 years; and
b: charged with an offence of the kind specified in section 272(1)﻿(b) or (c)
c: in respect of whom there is in force an order under section 238(1)﻿(d) 283(n)
4: Youth justice residence section 364 section 283(n)
5: This section is subject to sections 297B(7)﻿(b) 307(6)﻿(b) section 312 section 311 Section 365 heading amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 365(1) amended 17 December 2022 section 44 Oranga Tamariki Amendment Act 2022 Section 365(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 365(2) amended 1 July 2019 section 126(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 365(2) amended 1 July 2019 section 126(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 365(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 365(3) inserted 1 October 2010 section 49 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 365(4) inserted 1 October 2010 section 49 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 365(5) inserted 1 October 2010 section 49 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 365(5) amended 12 December 2012 section 11 Children, Young Persons, and Their Families Amendment Act 2012
366: Closing of residences and transfer of residents
1: The chief executive section 364 section 362
2: This section is subject to section 312 section 311 1974 No 72 s 71 Section 366(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 366(2) inserted 1 October 2010 section 50 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Secure care
367: Secure care
Subject to sections 368 370 section 447 chief executive section 361(a) section 364 1974 No 72 s 49AA(a) 1983 No 129 s 13 Section 367 amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
368: Grounds for placement in secure care
1: A child or young person may be placed in secure care in a residence if, and only if, such placement is necessary—
a: to prevent the child or young person absconding from the residence where any 2 of the conditions specified in subsection (2) apply; or
b: to prevent the child or young person from behaving in a manner likely to cause physical harm to that child or young person or to any other person.
2: The conditions referred to in subsection (1)﻿(a) are—
a: the child or young person has, on 1 or more occasions within the preceding 6 months, absconded from a residence or from Police custody:
b: there is a real likelihood that the child or young person will abscond from the residence:
c: the physical, mental, or emotional well-being of the child or young person is likely to be harmed if the child or young person absconds from the residence. Section 368 replaced 8 January 1995 section 41 Children, Young Persons, and Their Families Amendment Act 1994
369: Notice to be given where child or young person placed in secure care
1: Where any child or young person is placed in secure care, the chief executive
a: at least 1 of the following persons:
i: a parent of the child or young person:
ii: a guardian (other than the chief executive
iii: any other person previously having the care of the child or young person:
b: any person nominated by the child or young person, in accordance with regulations made under section 447
c: either—
i: any barrister or solicitor who represents the child or young person; or
ii: any youth advocate appointed under section 323
2: Every notice under subsection (1) shall be given—
a: where practicable, by telephone forthwith on the placing of the child or young person in secure care; and
b: by letter in accordance with subsection (3).
3: Every notice under subsection (1) that is given by letter shall—
a: be sent not later than 24 hours after the child or young person is placed in secure care; and
b: specify the ground for placing the child or young person in secure care; and
c: contain a clear statement of—
i: the right to apply under section 380
ii: the procedure for applying for such a review.
4: Any notice required by this section to be given to any person by letter shall be deemed to have been received by that person when the letter would have been delivered in the ordinary course of post, and in proving that the notice was given it shall be sufficient to prove that the letter was properly addressed and posted. Section 369(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 369(1)﻿(a)﻿(ii) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
370: Time limits on detention in secure care
1: Subject to subsection (2), no child or young person shall be kept in secure care for a continuous period of more than 72 hours, or on more than 3 consecutive days (whether continuously or not), unless an approval has been granted under section 376
2: Notwithstanding anything in subsection (1), no child or young person (being a child or young person who is placed in the custody of the chief executive section 42 section 235 section 376
3: In calculating, for the purposes of subsection (2), the period for which a child or young person has been kept in secure care, any period spent in secure care on any of the following days shall not be included:
a: Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, Te Rā Aro ki a Matariki/Matariki Observance Day,
ab: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday:
b: the day observed as the anniversary of the province in which the residence in which the child or young person is detained is situated:
c: any day that is a public holiday in the place in which that residence is situated. Section 370(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 370(3)﻿(a) amended 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 370(3)﻿(ab) inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013
371: Application for approval for continued detention in secure care
1: Where a child or young person is placed in secure care pursuant to section 367 chief executive the Family Court or the Youth Court or, where it is not practicable to apply to the Family Court or the Youth Court, to the District Court
2: Where any application is made under subsection (1), the chief executive
a: the child or young person in respect of whom the application is made:
b: each parent or guardian of the child or young person:
c: any person who had the care of the child or young person immediately before the child or young person was placed in the residence:
d: any other person specified by the court.
3: Where notice of an application cannot be given to any person to whom paragraph (b) or paragraph (c) of subsection (2) applies, the court may, on such terms and conditions as it thinks fit, dispense with the giving of notice to that person. Section 371(1) amended 1 March 2017 section 261 District Court Act 2016 Section 371(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 371(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
372: Registrar may authorise continued detention in secure care until application is determined
1: Where an application is made under section 371(1) ex parte chief executive
2: An order made under subsection (1) in respect of a child or young person shall, notwithstanding anything in section 370
a: the application made under section 371(1)
b: the expiry of the period of 3 days commencing on the date on which that application is made— whichever first occurs.
3: A Registrar shall not make an order under subsection (1) in respect of a child or young person unless that Registrar is satisfied that it is necessary, on either or both of the grounds specified in section 368 section 371(1)
4: Where an order is made under subsection (1), any person affected by that order may apply at any time for the discharge of that order.
5: The provisions of section 378 section 371
6: The provisions of section 379 section 376 Section 372(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
373: Persons entitled to be present at hearing of application under section 371
1: No person shall be present during the hearing of an application under section 371
a: officers of the court:
b: the child or young person:
c: any parent or guardian of the child or young person:
d: any near relative of the child or young person:
e: any member of the child's or young person's whanau or family group:
f: any person who had the care of the child or young person immediately before the child or young person was placed in the residence:
g: any barrister or solicitor representing the child or young person or any parent or guardian of the child or young person:
h: any lay advocate who appears in support of—
i: the child or young person; or
ii: any parent or guardian of the child or young person:
i: the manager manager
j: the chief executive
k: witnesses:
ka: persons whom the Judge permits to be present as support persons for any person described in paragraphs (b) to (f) on a request by that person:
l: any person whom the court permits to be present.
1A: The Judge must agree to a request under subsection (1)﻿(ka) unless the Judge considers there is a good reason why the named support persons should not be permitted to be present.
2: Any witness and any support person whom the Judge permitted to be present under subsection (1)﻿(ka) must
3: Nothing in this section limits any other power of the court—
a: to hear the application in private; or
b: to permit a McKenzie friend to be present; or
c: to exclude any person from the court. Section 373(1)﻿(i) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 373(1)﻿(j) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 373(1)﻿(ka) inserted 18 May 2009 section 7(1) Children, Young Persons, and Their Families Amendment Act 2008 Section 373(1A) inserted 18 May 2009 section 7(2) Children, Young Persons, and Their Families Amendment Act 2008 Section 373(2) amended 18 May 2009 section 7(3) Children, Young Persons, and Their Families Amendment Act 2008 Section 373(3) replaced 18 May 2009 section 7(4) Children, Young Persons, and Their Families Amendment Act 2008
374: Right to make representations
1: On the hearing of an application under section 371
a: the applicant, or any barrister or solicitor representing the applicant:
b: the child or young person:
c: any parent or guardian of the child or young person:
d: any barrister or solicitor who represents the child or young person or any parent or guardian of the child or young person:
e: any lay advocate who appears in support of—
i: the child or young person; or
ii: any parent or guardian of the child or young person:
f: with the leave of the court, any other person.
2: Where a child or young person who is the subject of an application under section 371
a: in the case of a young person to whom section 361(h) section 323 sections 324 325
b: in any other case, appoint a barrister or solicitor under section 159 sections 161 162
375: Hearing to be held in residence wherever practicable
The hearing of an application under section 371
376: Court may authorise continued detention in secure care
1: If, on an application under section 371 section 368
2: In considering an application under section 371
3: On granting an approval under subsection (1), the court—
a: shall record in writing the reasons for granting the approval; and
b: may impose such conditions relating to the continued detention of the child or young person in secure care as the court thinks fit.
4: Subject to subsection (5),
5: Notwithstanding subsection (4), where an application under section 371 the District Court chief executive section 173(2) 174(1) 175(1A) or (2) chief executive's Section 376(4) amended 8 January 1995 section 42(1) Children, Young Persons, and Their Families Amendment Act 1994 Section 376(5) inserted 8 January 1995 section 42(2) Children, Young Persons, and Their Families Amendment Act 1994 Section 376(5) amended 1 July 2019 section 15 Oranga Tamariki Legislation Act 2019 Section 376(5) amended 1 March 2017 section 261 District Court Act 2016 Section 376(5) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 376(5) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
377: Renewal of approval for continued detention in secure care
1: The court may from time to time grant a renewal of an approval granted under section 376(1) chief executive
2: A renewal of an approval granted under section 376(1)
3: The provisions of section 371 sections 373 to 376 section 376 section 371
4: Where an application for the renewal of an approval is duly made before the expiration of the approval (or of any current renewal of the approval), the approval shall, notwithstanding the expiration of the period for which the approval was granted or last renewed, continue in force until—
a: the application is determined; or
b: the expiration of the period of 3 days commencing on the date on which the approval would otherwise have expired pursuant to section 376 whichever first occurs.
5: Subsections (4) and (5) of section 376 Section 377(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 377(5) replaced 8 January 1995 section 43 Children, Young Persons, and Their Families Amendment Act 1994
378: Notification of decision of court
1: Where the decision of the court has been given on any application under section 371 section 377
a: the child or young person to whom the application relates:
b: each parent or guardian of the child or young person:
c: any person who had the care of the child or young person immediately before the child or young person was placed in the residence:
d: the chief executive
e: the manager
f: any other person specified by the court.
2: Every such notice shall contain, where applicable,—
a: the reasons recorded by the court for granting the approval or the renewal of the approval:
b: any conditions imposed by the court on the continued detention of the child or young person. Section 378(1)﻿(d) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 378(1)﻿(e) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
379: Review of decision to grant or renew approval
1: Where a court grants an approval under section 376 section 377
2: The fact that an application for a review is lodged or is pending under this section shall not affect any approval to detain the child or young person in secure care, which approval shall, unless it sooner expires, continue pending the review.
3: On any review under this section the court may make such order as may be just.
380: Application for review of detention in secure care
1: Where a child or young person is placed in secure care pursuant to section 367 section 371
2: The following persons may make an application under subsection (1):
a: the child or young person who is placed in secure care:
b: any parent or guardian of the child or young person:
c: any person who had the care of the child or young person immediately before the child or young person was placed in a residence:
d: any barrister or solicitor or youth advocate representing the child or young person.
3: The fact that an application has been made under this section shall not affect any authority to detain the child or young person in secure care.
381: Notice of application for review of detention in secure care
1: Subject to subsection (3), where any application is made under section 380 manager
2: Every person who is given notice of an application under section 380
3: Notwithstanding anything in subsection (1), a review of a decision to place a child or young person in secure care may be made upon an ex parte Section 381(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
382: Disposal of application for review of detention in secure care
1: On an application under section 380
a: order that the child or young person be released from secure care; or
b: refuse the application; or
c: refuse the application and impose such conditions relating to the detention of the child or young person in secure care as the court thinks fit.
2: In considering an application under section 380
383: Review of refusal of application
1: Where a court refuses an application under section 380 section 382(1)﻿(c) section 380(2)
2: On any review under this section the High Court may make such order as may be just.
383A: Lapse of authority for detention in secure care
Any authority conferred by or under any of sections 367 to 383 Section 383A inserted 8 January 1995 section 44 Children, Young Persons, and Their Families Amendment Act 1994 Discipline
384: Discipline of children and young persons in residences
The chief executive section 364
a: reasonable; and
b: within the limits permitted by regulations made under this Act. 1974 No 72 s 49AA(b) 1983 No 129 s 13 Section 384 amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Searches Heading inserted 25 June 2001 section 4 Children, Young Persons, and Their Families Amendment Act 2001
384A: Interpretation
For the purposes of sections 384B to 384K harmful item mail
a: a facsimile communication:
b: electronic mail:
c: an envelope or package manager member of staff pat down search
a: run or pat the person’s hand
b: insert the person’s hand
c: for the purpose of permitting a visual inspection, require the person being searched to do all or any of the following:
i: open the child’s or young person’s
ii: display the palms of the child’s or young person’s
iii: display the soles of the child’s or young person’s
iv: lift or rub the child’s or young person’s
v: remove, raise, lower, or open any outer clothing (including, without limitation, any coat, jacket, jumper, or cardigan) worn by the person being searched, except where the person has no other clothing, or only underclothing, under that outer clothing:
vi: turn out any pocket or pouch, and display any hem, cuff, lining, or fold, in any outer clothing worn by that person:
vii: remove any head covering, gloves, or footwear (including socks or stockings) being worn by that person:
d: conduct a visual examination (whether assisted by any instrument or device designed to illuminate or magnify) of the person's mouth, nose, and ears (not including the insertion of any instrument, device, or thing into such orifice) regulations section 447 residence section 364 scanner search strip search
a: to undress, or to remove any specified items of clothing and underclothing, and be visually examined; and
b: to have the child’s or young person’s unauthorised item
a: that is a harmful item; or
b: that may not be lawfully possessed by any child or young person in the residence. Section 384A inserted 25 June 2001 section 4 Children, Young Persons, and Their Families Amendment Act 2001 Section 384A pat down search amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 384A pat down search amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 384A pat down search amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 384A pat down search amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 384A pat down search amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 384A pat down search amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 384A strip search amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
384B: Inspection of mail
The manager may cause to be inspected, in accordance with the regulations, any mail intended to be sent or received by a child or young person in the residence if the manager believes, on reasonable grounds, that the mail contains—
a: any unauthorised item; or
b: any harmful item or any article, drug, or substance that may not lawfully be possessed by the person for whom the mail was intended; or
c: any material that would or might facilitate or encourage the commission of an offence by the person for whom the mail was intended; or
d: any material that would be likely to be offensive or harmful to the person for whom the mail was intended. Section 384B inserted 25 June 2001 section 4 Children, Young Persons, and Their Families Amendment Act 2001
384C: Child or young person may be searched to detect unauthorised items
1: A member of staff, who believes on reasonable grounds that a child or young person in the residence has in their
a: a scanner search of the child or young person:
b: a pat down search of the child or young person:
c: a search of any room or sleeping area assigned to the child or young person.
2: Nothing in subsection (1)﻿(c) limits or affects any power or authority to search or inspect any room or sleeping area in the residence for security purposes.
3: A member of staff may not carry out a search unless—
a: that member of staff requests that the child or young person hand over the unauthorised item that he or she believes on reasonable grounds to be in the child's or young person's possession; and
b: the child or young person refuses or fails to hand the item over.
4: Nothing in subsection (3) requires that a member of staff make a request if the same request has been made to the child or young person within the previous hour. Section 384C inserted 25 June 2001 section 4 Children, Young Persons, and Their Families Amendment Act 2001 Section 384C(1) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
384D: Use of dogs for searching
1: In exercising a power of search conferred by sections 384B 384C the staff member
2: A dog must not be used unless it is under the control of another person (being a Police employee
3: A member of staff who uses a dog for the purposes of searching any child or young person must conduct the search with decency and sensitivity and in a manner that—
a: affords to the child or young person being searched the greatest degree of dignity consistent with the purpose of the search; and
b: prevents the dog coming into physical contact with the child or young person during the search. Section 384D inserted 25 June 2001 section 4 Children, Young Persons, and Their Families Amendment Act 2001 Section 384D(1) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 384D(2) amended 1 October 2008 section 130(1) Policing Act 2008
384E: Child or young person may be strip searched
1: A member of staff may, if that member of staff believes on reasonable grounds that a child or young person has in their
a: if that member believes on reasonable grounds that a strip search is necessary in order to detect the item; and
b: if a scanner search or a pat down search of the child or young person has already been carried out for that purpose.
2: A child or young person required to undress or remove any clothing and underclothing under subsection (1) may be required to remain undressed or partly undressed only as long as is reasonably necessary for the purposes of the search. Section 384E inserted 25 June 2001 section 4 Children, Young Persons, and Their Families Amendment Act 2001 Section 384E(1) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
384F: Explanation of purpose and consequences of inspections and searches
1: Before any mail is inspected under section 384B section 384C section 384E
a: that the purpose of the inspection or search is,—
i: in the case of an inspection, to detect any item of the kinds referred to in section 384B
ii: in the case of a search carried out under section 384C
iii: in the case of a search carried out under section 384E
b: that any item seized during the inspection or search will, after consultation with the child or young person, be dealt with in the ways provided for by the regulations; and
c: that any item seized during the inspection or search and subsequently handed to a constable
2: The explanation required by subsection (1) need not be given if the member of staff has reasonable grounds for believing that the situation involves a serious and immediate risk to the safety of the child or young person or of any other person. Section 384F inserted 25 June 2001 section 4 Children, Young Persons, and Their Families Amendment Act 2001 Section 384F(1)﻿(c) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
384G: Restrictions on searches
1: A member of staff must consult with the manager or a senior member of staff before carrying out a search under section 384C section 384E
2: A pat down search or a strip search of a child or young person must be carried out by a member of staff who is of the same sex as the child or young person being searched.
3: A pat down search or a strip search must not be carried out in view of—
a: a person who is not of the same sex as the child or young person, unless the person is a parent or guardian (other than the chief executive) of the child or young person or a person who would otherwise have the care of the child or young person:
b: another child or young person in the residence.
4: A pat down search or a strip search must not be conducted unless one of the following persons is also present:
a: another member of staff:
b: a constable
c: a parent or guardian (other than the chief executive) of the child or young person or a person who would otherwise have the care of the child or young person.
5: A person who conducts a pat down search or a strip search must conduct the search with decency and sensitivity and in a manner that affords the child or young person being searched the greatest degree of privacy and dignity consistent with the purpose of the search. Section 384G inserted 25 June 2001 section 4 Children, Young Persons, and Their Families Amendment Act 2001 Section 384G(4)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
384H: Use of force in carrying out search
1: A member of staff may not use physical force in carrying out a search authorised by section 384C section 384E
2: A member of staff who uses force for the purpose referred to in subsection (1) must use no more than the minimum amount of force that is reasonably necessary in the circumstances. Section 384H inserted 25 June 2001 section 4 Children, Young Persons, and Their Families Amendment Act 2001
384I: Recording of inspections and searches
The manager must ensure that a record is made in the daily log kept in accordance with the regulations of—
a: the details of any inspection or search carried out under any of sections 384B 384C 384E
b: in the case of a search carried out under section 384C section 384E Section 384I inserted 25 June 2001 section 4 Children, Young Persons, and Their Families Amendment Act 2001
384J: Child or young person may make complaint
A child or young person who has had their section 384B section 384C section 384E Section 384J inserted 25 June 2001 section 4 Children, Young Persons, and Their Families Amendment Act 2001 Section 384J amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
384K: Power to seize articles, etc, found on inspection or search
1: Any unauthorised item found during any inspection or search may be seized in accordance with the regulations by the member of staff referred to in subsection (2).
2: The member of staff of the residence referred to in subsection (1) is,—
a: in the case of an inspection carried out under section 384B
b: in the case of a search carried out under section 384C
c: in the case of a search carried out under section 384E
3: Any unauthorised item seized must be dealt with in accordance with the regulations.
4: The manager must ensure that a record is made in the daily log kept in accordance with the regulations of the details of the seizure of any unauthorised item and of the action taken in respect of it. Section 384K inserted 25 June 2001 section 4 Children, Young Persons, and Their Families Amendment Act 2001 Absconding by children and young persons
385: Children and young persons who abscond
1: This section applies to any child or young person who—
a: leaves or is taken without authority from a residence:
b: refuses or neglects to return to a residence:
c: leaves or is taken without authority from the care of any person or organisation in whose charge that child or young person was placed pursuant to section 362
d: refuses or neglects to return to the care of any such person or organisation.
2: Any child or young person to whom this section applies may be detained without warrant by any constable the chief executive (acting through the chief executive’s
3: A child or young person to whom this section applies, unless that child or young person was being detained pursuant to section 238(1)﻿(d) or (e) section 34A section 120
4: For the purpose of detaining without warrant any child or young person who leaves or is taken without authority from a residence under this Act, every member of the staff of any such residence shall, if it is administered by the Crown, have the powers conferred on the chief executive
5: Subsection (6) applies if a young person in respect of whom a supervision with residence order is made under section 283(n)
a: leaves or is taken without authority from a residence; or
b: refuses or neglects to return to a residence.
6: The chief executive must make all reasonable efforts to notify each victim of the offence committed by the young person that the young person has absconded from the residence. 1974 No 72 s 104 1977 No 126 s 18(2) Section 385(2) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 385(2) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 385(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 385(3) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 385(4) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 385(5) inserted 6 December 2014 section 10 Children, Young Persons, and Their Families Amendment Act 2014 Section 385(6) inserted 6 December 2014 section 10 Children, Young Persons, and Their Families Amendment Act 2014
386: Search warrants
1: An issuing officer (within the meaning of section 3 section 99 constable the chief executive section 385 constable or the chief executive
a: enter and search, by force if necessary, any such premises or place specified in the warrant; and
b: remove the child or young person, using such force as may reasonably be necessary; and
c: either—
i: in the case of a child or young person who has absconded or is absent from a residence, return that child or young person to the residence from which that child or young person absconded or from which that child or young person is absent or place that child or young person in any other residence under this Act; or
ii: in the case of a child or young person who has absconded or is absent from the care of any person or organisation in whose charge that child or young person was placed pursuant to section 362
1A: The function of executing a warrant issued in the name of the chief executive may be performed by a social worker or any other person authorised under a delegation to carry out that function ( see section 7C
2: 1974 No 72 s 104A 1982 No 135 s 17 Section 386(1) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 386(1) amended 1 October 2012 section 207(3) Search and Surveillance Act 2012 Section 386(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 386(1A) inserted 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 386(2) repealed 2 September 1996 Children, Young Persons, and Their Families Amendment Act 1996 Moving to independence Heading replaced 1 July 2019 section 127 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
386AAA: Interpretation
For the purposes of this section and sections 386AAB to 386C caregiver
a: a person in whose charge a young person aged under 18 years has been placed under section 362
b: a person with whom a young person who is a young adult (aged 18 years or over but under 21 years) is living under section 386AAD young person section 2(1)
a: for the purposes of sections 386AAD 386C 447(1)﻿(cb) and (da)
b: for the purposes of sections 386A 447(1)﻿(cc) and (da) Section 386AAA inserted 1 July 2019 section 128 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
386AAB: Purposes
The purposes of sections 386AAC to 386C
a: to prepare young persons to be ready to thrive as independent young adults and for the preparation for moving to independence to begin early:
b: to ensure that young persons have opportunities to have relationships with caregivers and other trusted adults that endure into adulthood:
c: to enable young persons to access the government and community support that they need to manage challenges and to grow and develop as adults. Section 386AAB inserted 1 July 2019 section 128 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
386AAC: Principles to be applied when assisting young person to move to independence
A person who is performing functions or exercising powers under sections 386AAD to 386C section 5 section 5(1)﻿(a)
a: the young person is to increasingly lead decisions about matters affecting them and is to be supported by adults to do this:
b: a holistic approach is to be taken and the young person’s strengths and identity are to be built on and nurtured:
c: the relationships between the young person and their family, whānau, hapū, iwi, and family group are, if appropriate, to be maintained and strengthened:
d: family, whānau, hapū, iwi, family groups, and communities are to be supported to help the young person move to independence:
e: the relationships between the young person and a caregiver, other trusted adults, and the wider community are to be established, built on, and maintained:
f: the young person is to be supported, to the extent that is reasonable and practicable, to address the impact of harm and to achieve and meet their aspirations and needs, with priority to be given to supporting the stability of their education:
g: assistance to the young person is to be provided proactively, promptly, and to be sustained regardless of the decisions that the young person makes. Section 386AAC inserted 1 July 2019 section 128 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
386AAD: Young persons entitled to live with caregiver up to age of 21 years
1: This section applies to any young person (as defined in section 386AAA
a: 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 under any agreement or order referred to in section 361(a), (c), or (d)
b: the care of the chief executive as the agent of the court under section 33(1)﻿(c)﻿(ii)
2: The young person is entitled to be supported to live with a caregiver at any time and for any period from the age of 18 years up to the age of 21 years and may request to do so at any time.
3: Before the young person leaves care or custody, the chief executive must advise them of the entitlements under subsection (2).
4: The young person is entitled to be supported by the chief executive to live with or return to living with a particular caregiver with whom they are placed or have previously been placed or lived unless—
a: the caregiver does not agree to have the young person live with them or is not otherwise available; or
b: the young person does not agree to live with that caregiver; or
c: after taking into account the expressed wishes of the young person, the chief executive considers that living with that caregiver is likely to be detrimental to the well-being of the young person.
5: If no caregiver is available under subsection (4), the young person is entitled to be supported by the chief executive to live with another caregiver but only if, in relation to a particular caregiver, subsection (4)﻿(b) or (c) does not apply.
6: If a young person is living with a caregiver under subsection (4) or (5) or this subsection and at some time during the course of that living arrangement any of the matters in subsection (4)﻿(a) to (c) come to apply, the young person is entitled to be supported by the chief executive to live with another caregiver but only if, in relation to a particular caregiver, subsection (4)﻿(b) or (c) does not apply. Section 386AAD inserted 1 July 2019 section 128 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
386AAE: Providing support to young persons to negotiate support arrangements and monitoring of support arrangements
1: If a young person is to live with a caregiver under section 386AAD
2: The agreed terms must be recorded in writing (the support arrangement
3: The support arrangement must—
a: be consistent with the purposes in section 386AAB
b: give effect to the principles in section 386AAC
c: meet the standards referred to in subsection (4); and
d: be approved by the chief executive.
4: The chief executive must monitor the operation of all support arrangements against standards set in regulations made under section 447(1)﻿(cb) Section 386AAE inserted 1 July 2019 section 128 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
386AAF: Role of caregivers under support arrangements
A caregiver is expected to—
a: act in accordance with the support arrangement; and
b: assist the young person who is living with them to become increasingly independent. Section 386AAF inserted 1 July 2019 section 128 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
386AAG: Financial assistance for support arrangements
1: The chief executive must provide financial assistance to a young person who lives with a caregiver under section 386AAD
a: what other financial assistance is available to the young person; and
b: the personal circumstances of the young person.
2: The financial assistance must be paid directly to the young person unless the chief executive considers it appropriate to pay all or any of it to the young person’s caregiver or other person.
3: Financial assistance paid under this section must be paid in accordance with any regulations made under section 447(1)﻿(da)
4: Financial assistance may be withdrawn if,—
a: during the course of monitoring a support arrangement, the chief executive considers that the living arrangement is detrimental to the young person’s well-being; and
b: the chief executive has attempted to resolve any concerns; and
c: another living arrangement (with a caregiver under section 386AAD
5: If another living arrangement is offered under subsection (4)﻿(c), sections 386AAD to 386AAF Section 386AAG inserted 1 July 2019 section 128 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
386A: Advice and assistance for young persons up to age of 25 years
1: This section applies to any young person (as defined in section 386AAA
a: a residential placement under section 234(c)﻿(ii) or (iii) 235 238(1)﻿(d) 307(4) 311
aa: Police custody under section 236 238(1)﻿(e)
ab: detention in a youth unit of a prison under section 238(1)﻿(f)
b: 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 under any agreement or order referred to in section 361(a), (c), or (d)
c: the care of the chief executive as the agent of the court under section 33(1)﻿(c)﻿(ii)
d: under remand or a prison sentence in the adult justice system (before turning 18).
2: A person (including the chief executive), a body, or an organisation that has the care or custody of the young person must, before the young person leaves that care or custody,—
a: assess what support by way of advice and assistance the young person will need to become and remain independent after they are no longer in that care or custody; and
b: provide or arrange for the provision of that support to that young person to the extent that the support reasonably relates to the period before the young person leaves the care or custody; and
c: advise the young person of their entitlements under subsection (4) and section 386B
3: A person (excluding the chief executive), a body, or an organisation that has the care or custody of the young person must, before the young person leaves that care or custody, provide a copy of the assessment made under subsection (2)﻿(a) to the chief executive and advise the chief executive of the date on which the young person will leave that care or custody.
4: The young person is entitled to support by way of advice or assistance from the chief executive ( see section 386B
5: The young person is entitled to this support whether or not they—
a: have received any support under subsection (2)﻿(b); or
b: are living with a caregiver under section 386AAD
6: If a young person who has left the care or custody of a person, a body, or an organisation (that is not the care or custody of the chief executive) requests any support or further support, the person, body, or organisation receiving the request must refer it to the chief executive.
7: If a request is made or referred to the chief executive, the chief executive must consider the entitlements of the young person under section 386B
8: When an assessment is provided to the chief executive under subsection (3), the chief executive must consider the entitlements of the young person under section 386B Section 386A replaced 1 July 2019 section 129 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 386A(1)﻿(a) replaced 17 December 2022 section 45 Oranga Tamariki Amendment Act 2022 Section 386A(1)﻿(aa) inserted 17 December 2022 section 45 Oranga Tamariki Amendment Act 2022 Section 386A(1)﻿(ab) inserted 17 December 2022 section 45 Oranga Tamariki Amendment Act 2022
386B: Provision of advice and assistance by chief executive
1: Under section 386A section 447(1)﻿(cc) and (da)
a: must provide, or arrange the provision of, support by way of advice and non-financial assistance that the chief executive considers the young person will need to achieve independence; and
b: may provide, or arrange the provision of, support by way of financial assistance that the chief executive considers the young person will need to achieve independence, but only if the chief executive has first considered what other financial assistance is available to the young person.
2: Advice and assistance may include—
a: giving information:
b: assisting the young person to obtain accommodation, enrol in education or training, or obtain employment:
c: legal advice:
d: counselling:
e: contributing to the expenses incurred by the young person in living near the place where they are or will be—
i: employed or seeking employment; or
ii: receiving education or training:
f: making a grant to assist the young person to meet expenses connected with their education or training.
3: When deciding whether to provide financial assistance in any case, the chief executive must give particular consideration to whether the young person has high or complex needs.
4: Financial assistance must be paid directly to the young person unless the chief executive considers it appropriate to pay all or any of it to the young person’s caregiver or other person.
5: If the chief executive is providing financial assistance to a young person that includes making a contribution or grant for a course of education or training or any other financial assistance the young person needs in order to complete the course, the chief executive may—
a: continue to do so even if the young person reaches the age of 25 years before completing the course; and
b: disregard any interruption in the young person’s attendance at the course if they resume it as soon as practicable. Section 386B inserted 1 July 2019 section 129 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
386C: Chief executive to maintain contact with young persons up to age of 21 years
1: This section applies to any young person (as defined in section 386AAA section 386A(1)
2: Irrespective of whether the young person is living with a caregiver under section 386AAD section 386A
3: The following factors must be taken into account when a decision is made about the extent to which contact is maintained with the young person:
a: whether the young person wishes contact to be made with them:
b: the young person’s particular needs:
c: the young person’s age, maturity, and the desirability of them being independent when they are able to do so. Section 386C inserted 1 July 2019 section 130 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Financial matters
387: Chief executive The chief executive Section 387 heading amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 387 amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
388: Financial and other assistance in respect of children and young persons subject to orders made under this Act
1: The chief executive
a: to any organisation or person referred to in any order made under section 86 or section 91 section 283(k) section 298 section 307
b: to any parent or guardian or other person having the care of the child or young person to whom the order relates for the purpose of assisting that parent or guardian or other person to care for the child or young person:
c: to any young person to whom the order relates.
2: The chief executive Section 388(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 388(1)﻿(a) amended 1 November 1989 Children, Young Persons, and Their Families Amendment Act 1989 Section 388(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
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 caregiver to care for the child or young person.
2: The chief executive must provide financial and other assistance under this section to a permanent caregiver of a child or young person if—
a: the need for assistance arises from the care and protection needs or the extraordinary health, education, or developmental needs of the child or young person; and
b: those needs are greater than it is reasonable to expect the permanent caregiver to meet; and
c: those needs cannot be met by existing sources of support under this Act or any other enactment, and are unlikely to be provided otherwise; and
d: it is reasonable in the circumstances for the chief executive to provide the assistance; and
e: the provision of assistance is consistent with any general or special directions (not inconsistent with this section) given to the chief executive in writing by the Minister.
3: A direction under subsection (2)﻿(e) is secondary legislation ( see Part 3
4: 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 The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 However, that requirement does not apply if a direction of that kind that relates exclusively to an individual. In that case, it is not required to be published 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 388A inserted 30 June 2016 section 37 Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 388A(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 388A(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
389: Financial
The chief executive
a: who has ceased to be subject to—
i: an agreement made under section 139 section 140 section 141 section 142
ii: an order made under section 78 section 86 section 91 section 101 section 110 section 283(n)
b: who, in the circumstances of the particular case, is in need of special assistance. Section 389 heading amended 30 June 2016 section 38 Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 389 amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
389A: Review of decisions about financial or other assistance to permanent caregivers
1: A permanent caregiver who is dissatisfied with any decision of the chief executive regarding the provision of financial or other assistance under section 388A(2)
2: The internal review must be conducted in accordance with a process established from time to time by the chief executive for that purpose, and must confirm, modify, or reverse 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 388A(2) Section 389A inserted 30 June 2016 section 39 Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014
389B: Appeal against decisions about financial or other assistance to permanent caregivers
1: A permanent caregiver who has applied for a review of a decision under section 388A(2) that caregiver
a: has not received notification of the outcome of the review within 3 months after the application was lodged; or
b: is dissatisfied with the outcome of the review.
2: An appeal under this section may be made only on the ground that the decision is wrong or unreasonable, or both.
3: The appeal must be made by filing a written notice of appeal in the Family Court, and the notice of appeal must—
a: set out the particulars supporting the grounds of appeal and the relief sought; and
b: be served on the chief executive in accordance with rules of court.
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 to which regard was had in making that decision, and a copy of all information that the chief executive had when making it.
5: The Family Court may (on an application for the purpose, or 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) 161 162
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 executive must give effect to that determination.
8: A Family Court's determination of an appeal under this section is final. Section 389B inserted 30 June 2016 section 39 Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 389B(1) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
390: Power to control finances of young persons under guardianship or in custody
1: Every person (being the chief executive iwi social service or a cultural social service
a: open an account in the name of that young person in any bank , or opt into a KiwiSaver scheme in the name of the young person (but only if the young person is under the person’s guardianship, and only in accordance with section 35(3) or (5)
b: pay or arrange for the payment or crediting of the whole or any part of the earnings or other income of that young person into that account or into any KiwiSaver scheme (whenever it was opted into) of which the young person is a member
2: Any account opened under subsection (1) shall be operated either—
a: by the young person; or
b: if the chief executive chief executive
3: All money standing to the credit of a young person in any such account shall be paid to the young person when the young person is discharged from the care, custody, or guardianship of the chief executive iwi social service or the cultural social service chief executive that social service
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) 1974 No 72 s 50 Section 390(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 390(1) amended 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994 Section 390(1)﻿(a) amended 1 July 2014 section 6(3) KiwiSaver (Vulnerable Children) Amendment Act 2014 Section 390(1)﻿(b) amended 1 July 2014 section 6(4) KiwiSaver (Vulnerable Children) Amendment Act 2014 Section 390(2)﻿(b) replaced 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994 Section 390(2)﻿(b) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 390(3) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 390(3) amended 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994 Section 390(4) inserted 1 July 2014 section 6(5) KiwiSaver (Vulnerable Children) Amendment Act 2014
391: Imposition of charge to meet expenses of providing care for children and young persons
1: Where any child or young person to whom this section applies receives earnings or income, the chief executive iwi social service or a cultural social service
2: No charge imposed under subsection (1) shall exceed 25% of the net earnings and other income of the child or young person. Section 391(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 391(1) amended 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994
392: Manager may be appointed under Protection of Personal and Property Rights Act 1988 to manage property of children and young persons subject to guardianship or custody order
1: The Family Court Part 3
2: For the purposes of section 25 their their 1974 No 72 s 52 Section 392(1) amended 1 March 2017 section 261 District Court Act 2016 Section 392(2) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Maintenance Heading repealed 1 July 1992 section 244 Child Support Act 1991
393: Recovery of cost of maintenance of children and young persons in care
Section 393 repealed 1 July 1992 section 244 Child Support Act 1991 Limitation on tortious liability
394: Limitation on tortious liability of
chief executive
1: Subject to subsections (2) and (3), no liability in tort shall attach to—
a: the chief executive
b: any iwi social service or cultural social service or child and family support service, or any member or employee of any such social service or support service; or
c: any person or organisation in whose charge a child or young person is placed pursuant to section 362 in respect of an act or omission on the part of a child or young person to whom this section applies.
2: Nothing in subsection (1) applies if the act or omission—
a: occurs while the child or young person is acting as the employee or agent of any person, organisation, social service, or support service referred to in any of paragraphs (a) to (c) of subsection (1), or of any member or employee of any such person, organisation, social service, or support service; and
b: is within the scope of the child's or young person's employment or authority as such.
3: Nothing in subsection (1) exempts any person or organisation referred to in paragraph (c) of that subsection from any liability in tort for any loss resulting from the use, care, or control of a motor vehicle, if that motor vehicle is in the possession or under the control of a child or young person with the authority of that person or organisation.
4: In subsection (3), the term motor vehicle the Land Transport Act 1998 Section 394 replaced 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994 Section 394 heading amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 394(1)﻿(a) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 394(4) amended 1 March 1999 section 215(1) Land Transport Act 1998 Reporting of deaths
395: Police to be notified of deaths
Where a child or young person to whom this section applies dies, the following provisions shall apply:
a: where the child or young person was, at the time of their iwi social service or a cultural social service that social service
i: forthwith on learning of it, to a constable
ii: within 24 hours of learning of it, to the principal manager of the department for the area their
b: where the child or young person was, at the time of their section 362
i: forthwith on learning of it, to a constable
ii: within 24 hours of learning of it, to the principal manager of the department for the area their
c: where the child or young person was, at the time of their section 364 constable 1974 No 72 ss 69A, 82 1988 No 111 s 46 Section 395(a) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 395(a) amended 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994 Section 395(a)﻿(i) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 395(a)﻿(ii) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 395(a)﻿(ii) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 395(b) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 395(b)﻿(i) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 395(b)﻿(ii) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 395(b)﻿(ii) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 395(c) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 395(c) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
395A: Victims to be notified of deaths
1: This section applies if—
a: a child or young person dies; and
b: at the time of their
i: on remand or the subject of an order under section 283(n)
ii: residing in a residence established under section 364
2: The chief executive must make all reasonable efforts to notify each victim of the offence committed by the child or young person of the death of that child or young person. Section 395A inserted 6 December 2014 section 11 Children, Young Persons, and Their Families Amendment Act 2014 Section 395A(1)﻿(b) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
8: Provisions relating to iwi social services, cultural social services, child and family support services, and community services
Part 8 heading replaced 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994 Iwi social services, cultural social services, and child and family support services Heading replaced 8 January 1995 section 45(1) Children, Young Persons, and Their Families Amendment Act 1994
396: Approval of iwi social services, cultural social services, and child and family support services
1: The chief executive chief executive
2: The chief executive chief executive
3: The chief executive chief executive
4: The chief executive chief executive Section 396 replaced 8 January 1995 section 45(1) Children, Young Persons, and Their Families Amendment Act 1994 Section 396(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 396(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 396(3) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 396(4) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
397: Restrictions on granting of approval
The chief executive iwi social service or a cultural social service chief executive
a: suitable to act as the custodian or guardian of children and young persons; and
b: capable of exercising or performing the powers, duties, and functions conferred or imposed by or under this Act on an iwi social service or, as the case requires, a cultural social service Section 397 amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 397 amended 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994 Section 397(b) amended 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994
398: Chief executive The chief executive section 396
a: a copy of any information on which the chief executive
b: a reasonable opportunity to make written submissions to the chief executive Section 398 heading amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 398 amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 398(a) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 398(b) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
399: Revocation of approval
1: Subject to this section, where the chief executive chief executive
a: if the chief executive chief executive
b: after giving the social service or support service not less than 60 days' notice of the date on which the chief executive chief executive
2: Where, under subsection (1), the chief executive chief executive
a: give notice of the suspension or revocation to the iwi social service or cultural social service or child and family support service and the reasons for it; and
b: give notice of the suspension or revocation in the Gazette
3: Every iwi social service or cultural social service or child and family support service to whom a notice is given under subsection (1)﻿(b) is entitled to make submissions to the chief executive chief executive Section 399 replaced 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994 Section 399(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 399(1)﻿(a) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 399(1)﻿(b) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 399(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 399(3) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
400: Assessment of iwi social services, etc
1: The chief executive
a: the operation of that social service or support service:
b: the standards of care being provided for the children and young persons who are in the care or custody or under the guardianship of that social service or support service:
c: the practices and procedures applying in respect of the social service or support service.
2: The chief executive’s delegate chief executive chief executive Section 400 replaced 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994 Section 400(1) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 400(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 400(2) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 400(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
401: Powers of persons carrying out assessment of iwi social service, etc
1: For the purpose of carrying out an assessment of an iwi social service or a cultural social service or a child and family support service under section 400 the chief executive’s delegate or an officer chief executive
a: at any reasonable time enter any premises that are occupied by the social service or support service and that provide residential accommodation for children or young persons who are in the care or custody or under the guardianship of the social service or support service and inspect any part of those premises:
b: interview—
i: the convener of the social service or, as the case requires, the director of the support service:
ii: any officer or employee of the social service or support service:
c: communicate with any person having the care of any child or young person who is in the care or custody or under the guardianship of that social service or support service and with that child or young person:
d: examine any documents or records that are held by that social service or support service and that relate to any child or young person who is in the care or custody or under the guardianship of the social service or support service.
2: A person intending to enter any premises must give reasonable notice of their
3: The person must on entering any premises, and if requested
a: evidence of that person's authority to enter the premises; and
b: evidence of that person's identity.
4: The person section 400 Section 401 replaced 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994 Section 401(1) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 401(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 401(2) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 401(2) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 401(3) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 401(4) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 401(4) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003
402: Convener of iwi social service or cultural social service to have power of decision for purposes of this Act
Where, pursuant to any provision of this Act, a child or young person is placed in the care or custody or under the guardianship of an iwi social service or a cultural social service, the convener of that social service shall have and may exercise or carry out, on behalf of the social service, all rights, powers, and duties in respect of the child or young person that are conferred or imposed on the social service by virtue of this Act. Section 402 replaced 8 January 1995 section 46 Children, Young Persons, and Their Families Amendment Act 1994 Community services
403: Approval of community services
1: The chief executive chief executive
2: The chief executive chief executive
3: The chief executive chief executive purposes section 4 Section 403(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 403(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 403(3) amended 1 July 2019 section 131 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 403(3) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
404: Chief executive The chief executive section 403
a: a copy of any information on which the chief executive
b: a reasonable opportunity to make written submissions to the chief executive Section 404 heading amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 404 amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 404(a) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 404(b) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
405: Revocation of approval
1: Subject to this section, where the chief executive purposes chief executive
a: if the chief executive chief executive
b: after giving the service not less than 60 days' notice of the date on which the chief executive chief executive
2: Where the chief executive chief executive
a: give notice of the suspension or revocation to the community service and the reasons for it; and
b: give notice of the suspension or revocation in the Gazette
3: Every community service to whom a notice is given under subsection (1)﻿(b) is entitled to make submissions to the chief executive chief executive Section 405(1) amended 1 July 2019 section 132 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 405(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 405(1)﻿(a) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 405(1)﻿(b) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 405(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 405(3) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
406: Financial assistance to community services
1: Subject to any general directions given from time to time by the Minister, the chief executive
2: Any grants made, or financial assistance provided, under subsection (1) may be made or provided on such conditions, including conditions as to repayment and the giving of security to secure repayment, as the chief executive Section 406(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 406(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
407: Chief executive The chief executive chief executive chief executive chief executive Section 407 heading amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 407 amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
408: Assessment of community services
1: The chief executive
a: the operation of that community service:
b: the standard of the services being provided by that service:
c: the practices and procedures applying in respect of the service.
2: The chief executive’s delegate chief executive chief executive Section 408(1) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 408(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 408(2) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 408(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
409: Powers of person carrying out assessment of community service
1: For the purpose of carrying out an assessment of a community service under section 408 the chief executive’s delegate or an officer chief executive
a: at any reasonable time enter any premises that are occupied by the service and inspect any part of those premises:
b: interview any officer or employee of the service:
c: communicate with any person to whom the service is providing, or has provided, any service:
d: examine any documents or records that are held by the service and that relate to the provision by that service of any service to which the approval granted under section 403
2: A person intending to enter any premises must give reasonable notice of their
3: The person must
a: evidence of that person's authority to enter the premises; and
b: evidence of that person's identity.
4: The person section 408 Section 409(1) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 409(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 409(2) replaced 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 409(2) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 409(3) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 409(4) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 409(4) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003
9: Commissioner for Children
Part 9 repealed 26 November 2003 section 37 Children's Commissioner Act 2003 Appointment and functions Heading repealed 26 November 2003 section 37 Children's Commissioner Act 2003
410: Commissioner for Children
Section 410 repealed 26 November 2003 section 37 Children's Commissioner Act 2003
411: Functions of Commissioner
Section 411 repealed 26 November 2003 section 37 Children's Commissioner Act 2003 Proceedings of Commissioner Heading repealed 26 November 2003 section 37 Children's Commissioner Act 2003
412: Powers of Commissioner
Section 412 repealed 26 November 2003 section 37 Children's Commissioner Act 2003
413: Commissioner may regulate own procedure
Section 413 repealed 26 November 2003 section 37 Children's Commissioner Act 2003
414: Commissioner not to make adverse comment unless opportunity to be heard given
Section 414 repealed 26 November 2003 section 37 Children's Commissioner Act 2003
415: Annual report
Section 415 repealed 26 November 2003 section 37 Children's Commissioner Act 2003 Conditions of employment Heading repealed 26 November 2003 section 37 Children's Commissioner Act 2003
416: Appointment of Commissioner
Section 416 repealed 26 November 2003 section 37 Children's Commissioner Act 2003
417: Term of office and conditions of employment of Commissioner
Section 417 repealed 26 November 2003 section 37 Children's Commissioner Act 2003
418: Removal from office
Section 418 repealed 26 November 2003 section 37 Children's Commissioner Act 2003
419: Superannuation or retiring allowances
Section 419 repealed 26 November 2003 section 37 Children's Commissioner Act 2003 Miscellaneous provisions Heading repealed 26 November 2003 section 37 Children's Commissioner Act 2003
420: Proceedings privileged
Section 420 repealed 26 November 2003 section 37 Children's Commissioner Act 2003
421: Commissioner deemed to be official
Section 421 repealed 26 November 2003 section 37 Children's Commissioner Act 2003
422: Money to be appropriated by Parliament for purposes of this Part
Section 422 repealed 26 November 2003 section 37 Children's Commissioner Act 2003
10: Miscellaneous provisions
Care and protection co-ordinators and youth justice co-ordinators
423: Appointment of care and protection co-ordinators
1: The chief executive must appoint a sufficient number of care and protection co-ordinators.
1A: Care and protection co-ordinators may—
a: be appointed under the Public Service Act 2020
b: be employees of an approved service sections 425 427
i: an iwi social service:
ii: a cultural social service:
iii: a child and family support service:
iv: a community service.
2: A person shall not be appointed to be a care and protection co-ordinator unless that person is, by reason of their
3: An employee of an approved 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 their
c: ceases to be appointed as a care and protection co-ordinator (and no compensation is payable with respect to that loss of office) if the co-ordinator the co-ordinator
d: must perform their
e: in performing those duties, must have regard to any guidance for care and protection co-ordinators that is issued by the chief executive. Section 423(1) replaced 30 June 2016 section 40(1) Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 423(1A) inserted 30 June 2016 section 40(1) Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 423(1A)﻿(a) amended 7 August 2020 section 135 Public Service Act 2020 Section 423(2) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 423(3) inserted 30 June 2016 section 40(2) Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 423(3)﻿(b) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 423(3)﻿(c) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 423(3)﻿(d) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
424: Duties of care and protection co-ordinator
The duties of a care and protection co-ordinator are as follows:
a: to receive reports and referrals in accordance with Part 2
b: to convene family group conferences in accordance with Part 2
c: to consult with any care and protection resource panel as appropriate:
d: to consult, as appropriate, with persons having knowledge of or experience in cultural matters:
e: to record the details of any decision, recommendation, or plan made or formulated by a family group conference pursuant to Part 2
f: to ensure that any decision, recommendation, or plan made or formulated by a family group conference pursuant to Part 2
g: to notify the results of a family group conference in accordance with section 32
h: to perform such other duties as may be prescribed by or under this Act or any other Act.
425: Appointment of youth justice co-ordinators
1: The chief executive must appoint a sufficient number of youth justice co-ordinators.
1A: Youth justice co-ordinators may—
a: be appointed under the Public Service Act 2020
b: be employees of an approved service (as defined in section 423(1A)﻿(b)
2: A person shall not be appointed to be a youth justice co-ordinator unless that person is, by reason of their
3: An employee of an approved service—
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 their
c: ceases to be appointed as a youth justice co-ordinator (and no compensation is payable with respect to that loss of office) if the co-ordinator the co-ordinator
d: must perform their their
e: in performing those duties, must have regard to any guidance for youth justice co-ordinators that is issued by the chief executive. Section 425(1) replaced 30 June 2016 section 41(1) Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 425(1A) inserted 30 June 2016 section 41(1) Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 425(1A)﻿(a) amended 7 August 2020 section 135 Public Service Act 2020 Section 425(2) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 425(3) inserted 30 June 2016 section 41(2) Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 425(3)﻿(b) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 425(3)﻿(c) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 425(3)﻿(d) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
426: Duties of youth justice co-ordinator
The duties of a youth justice co-ordinator are as follows:
a: to receive reports in accordance with section 18(3)
b: where a child or young person is alleged to have committed an offence, to explore with the relevant enforcement agency the possibility of dealing with the matter by means other than the institution of criminal proceedings:
c: to convene family group conferences in accordance with Part 4
d: to record the details of any decision, recommendation, or plan made or formulated by a family group conference pursuant to Part 4
e: to notify the results of a family group conference in accordance with section 265
f: to perform such other duties as may be prescribed by or under this Act or any other Act.
427: Delegation of functions of care and protection co-ordinator or youth justice co-ordinator to social worker
1: A care and protection co-ordinator or a youth justice co-ordinator may, from time to time, delegate to any social worker (being a social worker who is, in the opinion of that co-ordinator, suitable by reason of that social worker’s
1A: Subsection (1) does not apply to a care and protection co-ordinator, or to a youth justice co-ordinator, who is an employee of an approved service (as defined in section 423(1A)﻿(b)
2: Every delegation under subsection (1)—
a: shall be in writing:
b: may be given on such terms and conditions as the co-ordinator thinks fit:
c: shall be revocable in writing at will by the co-ordinator or the chief executive
3: Subject to any terms or conditions imposed by the co-ordinator, a social worker to whom any functions or powers are delegated under subsection (1) may exercise those functions or powers as if they had been conferred on that person directly by this Act and not by delegation.
4: Every person purporting to act pursuant to any delegation under subsection (1) shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.
5: No delegation under subsection (1) shall affect or prevent the exercise of any function or power by the care and protection co-ordinator or youth justice co-ordinator who made the delegation.
6: Any delegation under subsection (1), until it is revoked by the chief executive Section 427(1) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 427(1A) inserted 30 June 2016 section 42 Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 Section 427(2)﻿(c) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 427(6) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Care and protection resource panels
428: Care and protection resource panels
1: The chief executive section 429 chief executive
2: Every care and protection resource panel shall consist of such number of members as the chief executive chief executive
3: In making appointments to a care and protection resource panel the chief executive
4: Every care and protection resource panel may at any time be discharged, altered, or reconstituted by the chief executive Section 428(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 428(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 428(3) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 428(4) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
429: Functions of care and protection resource panels
The functions of every care and protection resource panel shall be—
a: to provide advice to social workers, other delegates of the chief executive, subdelegates, care and protection co-ordinators, and constables on the exercise or performance, by those persons, of the functions, powers, and duties conferred or imposed on them by or under Part 2 3 sections 7A to 7C section 7E
b: to receive reports from care and protection co-ordinators on matters relating to the exercise or performance, by such co-ordinators, of the functions, powers, and duties conferred or imposed on them by or under this Act:
c: to promote co-ordination of the provision of services by the community to children and young persons in need of care or protection, and to the families and family groups of such children and young persons:
d: to advise the chief executive Section 429(a) replaced 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 429(d) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
430: Care and protection resource panels may regulate own procedure
Every care and protection resource panel may regulate its own procedure.
431: Annual report
Without limiting the right of a care and protection resource panel to report at any other time, each care and protection resource panel shall, within 3 months after the expiration of each year ending 31 March or such other date as may from time to time be directed by the chief executive chief executive Section 431 amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
432: Fees and allowances
1: Every care and protection resource panel is hereby declared to be a statutory board within the meaning of the Fees and Travelling Allowances Act 1951
2: There may be paid out of funds appropriated by Parliament for the purpose to the members of any care and protection resource panel remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951 Youth Court Heading replaced 1 March 2017 section 261 District Court Act 2016
433: Establishment of Youth Court
The District Court has a division known as the Youth Court. Section 433 replaced 1 March 2017 section 261 District Court Act 2016
434: Principal Youth Court Judge
1: The Governor-General must, on the advice of the Attorney-General, appoint a Principal Youth Court Judge.
2: The appointment must be for a period of 8 years, and the person is not eligible for reappointment as Principal Youth Court Judge.
3: A person's appointment as Principal Youth Court Judge ceases if the person
4: With the prior approval of the Governor-General, the Principal Youth Court Judge may resign that office but continue in office as a District Court Judge.
5: To avoid doubt, a person does not cease to hold office as a District Court Judge solely because the term of the person's appointment as Principal Youth Court Judge has come to an end.
6: Despite subsection (2), the Principal Youth Court Judge continues in office until the Judge’s
7: The Principal Youth Court Judge is responsible for ensuring the orderly and expeditious discharge of the business of the court in consultation with the Chief District Court Judge.
8: The Chief District Court Judge may authorise a Youth Court Judge to act in place of the Principal Youth Court Judge if—
a: the Principal Youth Court Judge is absent for any reason; or
b: the office of the Principal Youth Court Judge is vacant. Section 434 replaced 20 May 2004 section 3 Children, Young Persons, and Their Families Amendment Act 2004 Section 434(3) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 434(6) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 434(8) inserted 1 March 2017 section 4 Children, Young Persons, and Their Families Amendment Act 2016
435: Designation of Youth Court Judges
1: The Chief District Court Judge shall, from time to time, on the recommendation of the Principal Youth Court Judge, designate a sufficient number of District Court Judges as Youth Court Judges, and may, from time to time, revoke any such designation.
2: For the avoidance of doubt, it is hereby declared that a Family Court Judge may be designated as a Youth Court Judge.
3: A person shall not be designated a Youth Court Judge unless that person is a suitable person to deal with matters within the jurisdiction of the Youth Court
4: A Family Court Judge shall not be designated as a Youth Court Judge without the concurrence of the Principal Family Court Judge. Section 435(3) amended 1 March 2017 section 261 District Court Act 2016
435A: Stationing of Judges and sittings of courts
1: Each Youth Court Judge must be stationed in the town, and must sit in the court, that may from time to time be determined by the Principal Youth Court Judge.
2: Despite subsection (1), the fact that a Youth Court Judge sits in any particular court is conclusive evidence of the Judge's authority to do so, and no exercise of any jurisdiction or power by a Youth Court Judge may be questioned on the ground that the Judge was not stationed in the town or authorised to sit in the court where the Judge
3: Sittings of the Youth Court
4: However, the days appointed for regular sittings of the Youth Court
5: When exercising powers
6: This section is subject to section 24 Section 435A inserted 20 May 2004 section 5 Children, Young Persons, and Their Families Amendment Act 2004 Section 435A(2) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 435A(3) amended 1 March 2017 section 261 District Court Act 2016 Section 435A(4) amended 1 March 2017 section 261 District Court Act 2016 Section 435A(5) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 435A(6) replaced 1 March 2017 section 261 District Court Act 2016
436: District Court Judge may exercise jurisdiction in absence of Youth Court Judge
1: In the case of the absence from any court of any Youth Court Judge (from whatever cause the absence may arise), or in any case where no District Court Judge has been designated as a Youth Court Judge to exercise jurisdiction in the Youth Court
2: The fact that a District Court Judge exercises jurisdiction in the Youth Court Section 436(1) amended 1 March 2017 section 261 District Court Act 2016 Section 436(2) amended 1 March 2017 section 261 District Court Act 2016 Miscellaneous provisions relating to proceedings under this Act
437: Notice of proceedings and orders to be given to parents or guardians or other persons having care of child or young person
1: Where any application is made to, or any proceedings are commenced in, any court under this Act, being an application or proceedings relating to any child or young person, it shall be the duty of the person making the application or commencing the proceedings to give notice of the application or proceedings to a parent or guardian or other person having the care of the child or young person together with a copy of any such application or proceedings.
2: Every notice given under subsection (1) shall specify—
a: the nature of the application or proceedings and any orders sought in sufficient detail to enable that parent or guardian or other person to understand both the nature and implications of the application or proceedings; and
b: the rights or obligations of any parent or guardian or other person to appear at the hearing of the application or proceedings or be represented by a barrister or solicitor.
3: Where any order is made by a court on any application made or in any proceedings brought under this Act relating to a child or young person, it is the duty of the Registrar of the court by which the order was made to give notice of the making of the order to a parent or guardian or other person having the care of the child or young person, and also give that parent or guardian or other person a copy of the order.
4: Every notice given under subsection (3) shall specify—
a: the terms of the order made in sufficient detail to enable the parent or guardian or other person to understand both the nature and implications of it; and
b: any rights of appeal against the order.
437A: Publication of reports of proceedings under Part 2, Part 3A, or section 371
Sections 11B to 11D Family Court Part 2 Part 3A section 371
a: in the Family Court:
b: in any other court, in which case references in those sections to the Family Court or court must be read as references to that other court. Section 437A inserted 18 May 2009 section 8 Children, Young Persons, and Their Families Amendment Act 2008 Section 437A amended 1 March 2017 section 261 District Court Act 2016 Section 437A(a) replaced 1 March 2017 section 261 District Court Act 2016
438: Publication of reports of proceedings under Part 4
1: Subject to subsection (2), no person shall publish any report of proceedings under Part 4
2: Nothing in subsection (1) applies to the publication of—
a: any report in any publication that—
i: is of a bona fide professional or technical nature; and
ii: is intended for circulation among members of the legal, medical, or teaching professions, officers of the public service , counsellors and mediators carrying out duties under the Care of Children Act 2004 Family Proceedings Act 1980 , or other delegates of the chief executive or subdelegates
b: statistical information relating to proceedings under this Act:
c: the results of any bona fide research relating to proceedings under this Act.
3: In no case shall it be lawful to publish, in any report of proceedings under Part 4
a: the name of any child or young person or the parents or guardians or any person having the care of the child or young person; or
b: the name of any school that the child or young person is or was attending; or
c: any other name or particulars likely to lead to the identification of the child or young person or of any school that the child or young person is or was attending:
d:
4: Nothing in this section shall be construed to limit—
a: the provisions of any other enactment relating to the prohibition or regulation of the publication of reports or particulars relating to judicial proceedings; or
b: the power of any court to punish any contempt of court.
5: Every person who contravenes this section commits an offence against this Act and is liable on
a: in the case of an individual, to a fine not exceeding $2,000:
b: in the case of a body corporate, to a fine not exceeding $10,000. 1974 No 72 s 24 1980 No 94 s 169 1982 No 135 s 6 Section 438 heading replaced 18 May 2009 section 9(1) Children, Young Persons, and Their Families Amendment Act 2008 Section 438(1) amended 18 May 2009 section 9(2) Children, Young Persons, and Their Families Amendment Act 2008 Section 438(2)﻿(a)﻿(ii) amended 7 August 2020 section 135 Public Service Act 2020 Section 438(2)﻿(a)﻿(ii) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 438(2)﻿(a)﻿(ii) amended 18 May 2009 section 9(3)﻿(a) Children, Young Persons, and Their Families Amendment Act 2008 Section 438(2)﻿(a)﻿(ii) amended 18 May 2009 section 9(3)﻿(b) Children, Young Persons, and Their Families Amendment Act 2008 Section 438(3) amended 18 May 2009 section 9(4) Children, Young Persons, and Their Families Amendment Act 2008 Section 438(3)﻿(d) amended 18 May 2009 section 9(5) Children, Young Persons, and Their Families Amendment Act 2008 Section 438(5) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011
439: Proceedings not invalid because of mistake as to age
1: No conviction or order or direction or other process or proceedings or action taken shall be held invalid by reason only that it related to a person who was not a child or young person if there were, at the time of conviction, order, direction, process, proceedings, or action, reasonable grounds for believing that that person was a child or young person.
2: Despite subsection (1), on the application of either party, a rehearing of a charge may be granted under section 177
3: For the purposes of this section, section 177
4: If the proceedings should have been dealt with in the District Court the District Court 1974 No 72 s 44 Section 439(2) replaced 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 439(3) inserted 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 439(4) inserted 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 439(4) amended 1 March 2017 section 261 District Court Act 2016
440: Proceedings not to be questioned for want of form
No charging document 1974 No 72 s 45 Section 440 amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011
441: Court may determine age of child or young person in absence of evidence
1: If, in any application or proceedings under this Act, the age of any child or young person is in question, the court in which the application is made or the proceedings are brought shall, in the absence of sufficient evidence, fix the age of the child or young person, and the age so fixed shall, for the purposes of this Act, be the true age of that child or young person.
2: Every guardianship order or custody order made pursuant to this Act shall specify the age of the child or young person to whom it relates, and where the age of the child or young person is fixed under subsection (1), the order shall be endorsed to that effect. 1974 No 72 s 98
442: No court fees payable
No court fees of any of the following kinds shall be payable in respect of any proceedings under this Act:
a: any fee for the filing of any document:
b: any setting down fee:
c: any hearing fee. 1974 No 72 s 99(5)
443: Issue and execution of warrants
Any warrant issued under any provisions of this Act may be issued or executed at any hour of the day or night and may be issued or executed on a Sunday as on any other day. 1974 No 72 s 101
444: Liability of persons providing reports
No person who furnishes a report to any court for the purposes of any proceedings under this Act or who supplies any information for the purposes of any such report shall be under any civil or criminal liability in respect of the furnishing of that report or the supply of that information unless the report was furnished or the information was supplied in bad faith.
445: Witnesses expenses
1: Where any person is required to give evidence before the Family Court or the Youth Court Criminal Procedure Act 2011
2: The Family Court 1974 No 72 s 102 Section 445(1) amended 1 March 2017 section 261 District Court Act 2016 Section 445(1) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 445(2) amended 1 March 2017 section 261 District Court Act 2016 Search warrants Heading inserted 2 September 1996 Children, Young Persons, and Their Families Amendment Act 1996
445A: Person executing warrant to produce evidence of authority and identity
Any person section 122 section 157(2) section 205(2)﻿(b) or section 296C
a: shall have that warrant with them
b: shall produce it on initial entry and, if requested, at any subsequent time; and
c: shall identify themselves their
d: if the person constable the person constable
e: if the person the person
f: if they are they are 1968 No 63 s 19(5) 1983 No 76 s 2 Section 445A inserted 2 September 1996 Children, Young Persons, and Their Families Amendment Act 1996 Section 445A amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 445A amended 1 October 2012 section 208(1)﻿(a) Search and Surveillance Act 2012 Section 445A amended 1 October 2012 section 208(1)﻿(b) Search and Surveillance Act 2012 Section 445A amended 1 October 2010 section 51 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 445A(a) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 445A(c) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 445A(d) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 445A(d) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 445A(e) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 445A(f) amended 14 July 2017 section 137 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
445B: Authority to use facsimile copy of warrant
1: In this section, the term facsimile copy
2: Any District Court Judge, Justice, Community Magistrate, or Registrar (not being a constable section 122 157(2) 205(2)﻿(b) 296C
2A: The use of a facsimile copy of a warrant may be authorised when the warrant is issued, or later.
2B: Subsection (2) is subject to subsection (3).
3: No authorisation may be granted under subsection (2) in relation to a warrant unless the District Court Judge, Justice, Community Magistrate,
4: Where a District Court Judge, Justice, Community Magistrate, Community Magistrate,
a: the fact that a facsimile copy of the warrant may be used for the purpose of executing the warrant; and
b: the date and time at which the authorisation expires, which shall be the close of the third day after the day on which the authorisation is granted,— and shall sign that endorsement.
5: A facsimile copy of a warrant in respect of which an authorisation granted under this section is in force shall be treated, for all purposes, as if it were the warrant, and the provisions of this Act (including, without limitation, sections 445A 445C section 446(1)﻿(a)
6: Without limiting any other enactment or rule of law, it is hereby declared that section 44 Section 445B inserted 2 September 1996 Children, Young Persons, and Their Families Amendment Act 1996 Section 445B(2) replaced 20 September 2007 section 4 Children, Young Persons, and Their Families Amendment Act 2007 Section 445B(2) amended 1 October 2012 section 208(2) Search and Surveillance Act 2012 Section 445B(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 445B(2A) inserted 20 September 2007 section 4 Children, Young Persons, and Their Families Amendment Act 2007 Section 445B(2B) inserted 20 September 2007 section 4 Children, Young Persons, and Their Families Amendment Act 2007 Section 445B(3) amended 30 June 1998 section 7 District Courts Amendment Act 1998 Section 445B(4) amended 30 June 1998 section 7 District Courts Amendment Act 1998 Section 445B(6) amended 1 October 2008 section 130(1) Policing Act 2008
445C: Issue and execution of warrants
Any warrant issued under any provision of this Act may be issued or executed at any hour of the day or night and may be issued or executed on a Sunday as on any other day. 1974 No 72 s 101 Section 445C inserted 2 September 1996 Children, Young Persons, and Their Families Amendment Act 1996
445D: Certain provisions of Search and Surveillance Act 2012 apply to some warrants
Sections 101 105 section 39 40 386 Section 445D inserted 1 October 2012 section 209 Search and Surveillance Act 2012 Limit on proceedings and Crown liability Heading inserted 1 July 2019 section 133 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
445E: Limit on proceedings
1: No proceedings may be brought in any court—
a: in relation to any act or omission that occurred on or after the commencement of this section by the chief executive, the chief executive’s delegate, or an employee of the department that could have been the subject of a complaint under the 1 or more complaints mechanisms established, amended, or replaced by the chief executive
i: a complaint has been made under that mechanism and determined; and
ii:
b: in relation to any purported breach of duty owed to the child or young person under this Act or any regulations made under this Act by the chief executive or the chief executive’s delegate, or an employee or contractor of the department, or an organisation or other person having the care or custody of a child or young person (including an organisation or person with whom a child or young person is placed by the chief executive under section 362
2: In this section and section 445F young person section 386AAA Section 445E inserted 1 July 2019 section 133 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 445E(1)﻿(a) amended 1 May 2023 section 68(1) Oversight of Oranga Tamariki System Act 2022 Section 445E(1)﻿(a)﻿(ii) repealed 1 May 2023 section 68(2) Oversight of Oranga Tamariki System Act 2022
445F: Limitation on liability
1: The Crown, the department, the chief executive, the chief executive’s delegate, any employee or contractor of the department, and any organisation or person with whom a child or young person is placed by the chief executive are not liable in respect of the matters set out in subsection (2).
2: The matters are anything suffered by a child or young person in the care or custody of the chief executive as a consequence of an act or omission that occurs on or after the commencement of this section by a person who is not—
a: the Crown:
b: the department:
c: the chief executive:
d: the chief executive’s delegate:
e: an employee or a contractor of the department:
f: an organisation or person in whose charge the child or young person has been placed by the chief executive.
3: An organisation or person specified in subsection (4)﻿(a) to (d) (other than a person or organisation referred to in subsection (1)) is not liable in respect of the matters referred to in subsection (4).
4: The matters are anything suffered by a child or young person in the care or custody of a person or organisation referred to in subsection (3), as a consequence of an act or omission that occurs on or after the commencement of this section by an organisation or a person who is not—
a: the organisation or person with care or custody of the child or young person:
b: the organisation’s or person’s delegate:
c: an employee or contractor of that organisation or person:
d: another organisation or person in whose charge the child or young person has been placed by the organisation or person referred to in paragraph (a). Section 445F inserted 1 July 2019 section 133 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Offences
446: Offences
1: Every person commits an offence and is liable on
a: knowingly hinders or obstructs any person in the execution of a warrant under section 39 section 40 section 122 section 157(2) section 205 section 386 section 42(1) section 105(2) section 318(1) section 401(1)﻿(a) section 409(1)﻿(a) section 105(2) sections 80 82(5) 104(3)﻿(c) 106(2)
b: wilfully fails or refuses to afford to any person engaged in the execution of the warrant or the exercise of the power immediate entrance to any premises or any part of any premises; or
c: without lawful authority removes from the custody of the chief executive chief executive section 39 section 40 section 42
2: Every person commits an offence and is liable on
a: incites or knowingly assists any child or young person to depart without proper authority from any residence under this Act, or from the custody and care of any person who for the time being has been lawfully entrusted under this Act with the custody or care of the child or young person:
b: without lawful authority removes any child or young person from any residence under this Act, or from the custody or care of any person as aforesaid:
c: harbours or conceals any child or young person who has departed without proper authority or been removed without lawful authority from any residence under this Act, or from the custody or care of any person as aforesaid:
d: obstructs any social worker or other officer of the department or delegate of the chief executive or subdelegate chief executive chief executive 1974 No 72 s 103 Section 446(1) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 446(1)﻿(c) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 446(2) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 446(2)﻿(d) amended 1 April 2017 section 10 Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 Section 446(2)﻿(d) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
446A: Children and young persons to whom section 446B applies
1: Section 446B section 207C section 207ZI(1)
a: that the chief executive proposes to transfer under section 207D section 207B
b: that the chief executive has decided to transfer under section 207D
c: that is an order in relation to which the chief executive has filed in a court an application under section 207K
d: that a court has ordered under section 207K
2: Section 446B section 207B section 207W
a: that are proceedings in relation to which the chief executive has filed in a court an application under section 207Q
b: that a court has ordered under section 207Q
3: Section 446B section 207X
4: Section 446B section 207X Section 446A inserted 1 November 1999 section 4 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999
446B: Offences available if child or young person is subject of certain protection orders or proceedings under Part 3A
1: If this section applies to a child or young person,—
a: a person may be prosecuted for an offence against section 446
b: it does not matter whether the conduct that constitutes the offence occurs wholly within or wholly outside New Zealand or partly within or partly outside New Zealand.
2: A person is not liable to be prosecuted under section 446
a: that constitutes an offence not only under section 446 section 207B
b: for which the person was prosecuted in the participating State and convicted or found guilty or acquitted.
3: The Attorney-General must be consulted before a prosecution is commenced for an offence against section 446 Section 446B inserted 1 November 1999 section 4 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 Regulations
447: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
aa: declaring a law of a participating State to be a child welfare law for the purposes of Part 3A
ab: declaring a law to be an interstate law in relation to a participating State for the purposes of Part 3A
ac: declaring the holder of an office or position to be the interstate officer in relation to a participating State for the purposes of Part 3A
ad: regulating the administration, management, and control of the residential component (within the meaning of section 290A
a: providing for the management and inspection of residences established pursuant to section 364
b: defining the rights of children and young persons placed in any residence established pursuant to section 364
c: limiting the powers of the staff of any residence established pursuant to section 364
ca: regulating searches conducted under sections 384C 384E section 384B
i: prescribing the manner in which the searches and inspections may be carried out:
ii: prescribing the powers that may be exercised when conducting a search or inspection:
iii: providing for the seizure, disposal, safe keeping, or return of any article, drug, or substance found during a search or inspection:
iv: prescribing conditions on the disposal of any seized article, drug, or substance:
v: prescribing procedures by which a child or young person may lay a complaint in relation to an inspection of mail or a search, and how the complaint is to be dealt with:
cb: prescribing, in relation to a young person’s entitlement to remain living with a caregiver under sections 386AAD 386AAE
cc: prescribing, in relation to providing advice and assistance to young persons under sections 386A 386B
i: processes and criteria for needs assessments:
ii: the types of advice, assistance, and services to be available for young persons:
iii: the manner or means of providing advice, assistance, and services to young persons:
d: providing for the administration, management, and control of any centre that is established to provide for the part-time care, training, or occupation of children or young persons:
da: prescribing the circumstances in which amounts are payable and the amounts payable under section 363 section 386AAG 386B
i: advances or reimbursements of reasonable costs:
ii: allowances, which may vary in accordance with different criteria:
db: prescribing, in relation to a youth advocate appointed under section 248A
i: eligibility criteria for appointment:
ii: the process for appointment by the chief executive:
iii: the amounts payable for preparation for and attendance at a family group conference referred to in section 245
e: prescribing the amounts payable to—
i:
ii: any lay advocate appointed under section 163 or section 326
iii: any youth advocate appointed under section 323
f: prescribing forms of applications, licences, notices, or other documents for the purposes of this Act, or authorising the chief executive
fa: prescribing the actions or steps that must be taken by the chief executive or the chief executive’s delegates, or bodies or organisations approved under section 396 Part 2 4 sections 4A 5 13 208
i: the provision of care, services, and support to address the rights and needs of children and young persons in care:
ii: the assessment and monitoring of care arrangements and residences, including youth justice residences:
iii: the provision of training and support for —
A: caregivers; and
B: organisations in which children or young persons may be placed:
iv: the creation and maintenance of records for a child or young person recording important matters in their life (including significant life events and significant achievements) occurring while they are in care, and the provision of access to those records for the child or young person:
v: the manner in which care standards are monitored or reported on, within the department and by the organisations approved under section 396
vi: the assessment of the safety and suitability of caregivers and their households:
vii: the assessment of the suitability of organisations in which children or young persons may be placed:
fb: providing for the appointment by the Minister of a person or an organisation (independent of the department) to review the outcomes produced by the 1 or more complaints mechanisms established, amended, or replaced by the chief executive under section 7(2)﻿(bad)
i: that is intended to—
A: be accessible and timely:
B: have the necessary capability (including required cultural competence to ensure that reviews of outcomes are undertaken effectively); and
ii: for which 1 or more of the following are specified:
A: the types of complaints whose outcomes under a complaint process may be the subject of a review:
B: the classes of complainants (or other persons) who may seek a review of the outcome of a complaint:
C: the procedures to be adopted in conducting reviews:
D: who is qualified for appointment to conduct a review, and matters relating to their appointment and term of office:
E: the method of determining the remuneration of a person appointed to conduct a review:
F: the powers of the reviewer on reviewing the outcomes of a complaints process (which may, without limitation, include a power for the reviewer to set aside the outcome of the complaints mechanism, a power to award compensation up to a specified limit, a power to substitute the reviewer’s decision as the outcome, and any other remedies specified in the regulations that may be granted by the reviewer):
G: how the costs of undertaking the review are to be apportioned:
H: any other matters that are necessary or desirable to establish or operate the review process.
g: conferring rights of review of any decision or determination made or any requirements or conditions imposed under regulations made pursuant to this section:
ga: designating, after consultation with the Privacy Commissioner, the Children and Young People’s Commission
i: organisations or classes of organisations as child welfare and protection agencies:
ii: persons or classes of persons as independent persons:
gb: prescribing transitional arrangements in relation to standards of care for children and young persons and any other matters provided for in regulations:
h: providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
2: The Minister must,—
a: within 12 months of the commencement of subsection (1)﻿(fa), recommend the making of regulations under that provision; and
b: not recommend the revocation of regulations made under subsection (1)﻿(fa) without recommending new regulations to be made under that provision; and
c: regularly review the regulations in force under subsection (1)﻿(fa).
3: Regulations under this section are secondary legislation ( see Part 3 1974 No 72 s 105 1983 No 129 s 15 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 447(1)﻿(aa) inserted 1 November 1999 section 5 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 Section 447(1)﻿(ab) inserted 1 November 1999 section 5 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 Section 447(1)﻿(ac) inserted 1 November 1999 section 5 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 Section 447(1)﻿(ad) inserted 1 October 2010 section 53 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 447(1)﻿(ca) inserted 25 June 2001 section 5 Children, Young Persons, and Their Families Amendment Act 2001 Section 447(1)﻿(cb) inserted 14 July 2017 section 134(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 447(1)﻿(cc) inserted 14 July 2017 section 134(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 447(1)﻿(da) inserted 14 July 2017 section 134(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 447(1)﻿(db) inserted 14 July 2017 section 134(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 447(1)﻿(e)﻿(i) repealed 31 March 2014 section 9 Children, Young Persons, and Their Families Amendment Act 2013 Section 447(1)﻿(e)﻿(ii) amended 1 November 1989 Children, Young Persons, and Their Families Amendment Act 1989 Section 447(1)﻿(f) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 447(1)﻿(fa) inserted 14 July 2017 section 134(3) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 447(1)﻿(fa)﻿(iii) replaced 17 December 2022 section 46(1) Oranga Tamariki Amendment Act 2022 Section 447(1)﻿(fa)﻿(vi) inserted 17 December 2022 section 46(2) Oranga Tamariki Amendment Act 2022 Section 447(1)﻿(fa)﻿(vii) inserted 17 December 2022 section 46(2) Oranga Tamariki Amendment Act 2022 Section 447(1)﻿(fa)﻿(v) replaced 1 May 2023 section 69 Oversight of Oranga Tamariki System Act 2022 Section 447(1)﻿(fb) inserted 14 July 2017 section 134(3) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 447(1)﻿(ga) inserted 14 July 2017 section 134(4) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 447(1)﻿(ga) amended 1 July 2023 section 41 Children and Young People's Commission Act 2022 Section 447(1)﻿(gb) inserted 14 July 2017 section 134(4) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 447(2) inserted 14 July 2017 section 134(5) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 447(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
447A: Minister to appoint independent persons to monitor compliance with prescribed standard of care
Section 447A repealed 1 May 2023 section 70 Oversight of Oranga Tamariki System Act 2022
448: Rules of procedure
1: The Governor-General may, by Order in Council, make rules regulating the practice and procedure of the Youth Court
2: Rules may be made regulating the practice and procedure of courts (other than the Youth Court
a: in the case of the High Court, under section 148
b: in the case of the District Court, under section 228
c: in the case of the Family Court, under section 16A
3: Rules under subsection (1) are secondary legislation ( see Part 3
4: As to rules referred to in subsection (2), see section 148 section 228 section 16A 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 448 replaced 13 September 2002 section 6 Family Courts Amendment Act 2000 Section 448(1) amended 1 March 2017 section 261 District Court Act 2016 Section 448(2) amended 1 March 2017 section 261 District Court Act 2016 Section 448(2)﻿(a) amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 448(2)﻿(b) replaced 1 March 2017 section 261 District Court Act 2016 Section 448(2)﻿(c) replaced 1 March 2017 section 261 District Court Act 2016 Section 448(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 448(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
448A: Transitional provisions relating to rules
1: Subsections (2) to (4) apply to rules made under section 448
2: Rules to which this subsection applies that regulate the practice or procedure of the Youth Court Youth Court section 448(1)
3: Rules to which this subsection applies that regulate the practice or procedure of the High Court continue to regulate the practice or procedure of the High Court until any rules referred to in section 448(2)﻿(a)
4: Rules to which this subsection applies that regulate the practice or procedure of the District Court District Court section 448(2)﻿(b) Section 448A inserted 13 September 2002 section 6 Family Courts Amendment Act 2000 Section 448A(2) amended 1 March 2017 section 261 District Court Act 2016 Section 448A(4) amended 1 March 2017 section 261 District Court Act 2016 Periodic review of legislation, government policy, and other arrangements Heading inserted 14 July 2017 section 136 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
448B: Periodic review of legislation, government policy, and other arrangements
The Minister must, not later than 1 July 2022, and on at least 1 occasion during each 3-year period after that date, report to Parliament on the following matters:
a: whether existing legislation, government policy, and other arrangements that affect the accountability of the Minister, the chief executive, and other persons or bodies carrying out functions under this Act ensures that—
i: the needs of children and young persons with whom the department is concerned are met; and
ii: the needs of Māori children and young persons with whom the department is concerned are met:
b: whether any amendments to legislation, or government policies or other arrangements referred to in paragraph (a), are necessary or desirable in order to ensure the needs of the children and young persons, or particular groups of children and young persons, referred to in paragraph (a)﻿(i) or (ii) are met. Section 448B inserted 14 July 2017 section 136 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
11: Amendments to other enactments, repeals, savings, and transitional provisions
Amendments to other enactments
449: Consequential amendments
The enactments specified in Schedule 2
450: Adoption Act 1955 amended
1: Amendment(s) incorporated in the Act(s)
2: Notwithstanding anything in subsection (1), where, immediately before the commencement of this section, any person has a child in that person's home for care under a licence or warrant of exemption granted under section 73 of the Children and Young Persons Act 1974, nothing in section 6
451: Department of Social Welfare Act 1971 consequentially amended
Section 451 repealed 1 April 1990 section 33(2)﻿(e) Social Welfare (Transitional Provisions) Act 1990
452: Local Government Act 1974 consequentially amended
Section 452 repealed 1 July 1992 Building Act 1991
453: Summary Offences Act 1981 amended
Amendment(s) incorporated in the Act(s)
454: Criminal Justice Act 1985 amended
Amendment(s) incorporated in the Act(s)
455: Child Care Regulations 1985 consequentially amended
1: Amendment(s) incorporated in the regulations
2: The amendment, by subsection (1), of the Child Care Regulations 1985 shall be without prejudice to any power of amending or revoking those regulations. Repeals and savings
456: Repeals and savings
1: The enactments specified in Schedule 3
2: The repeal of the Children and Young Persons Amendment Act 1982 by subsection (1) shall not affect the amendment made by section 20 of that Act to the Department of Social Welfare Act 1971 2010 Amendment Act Heading inserted 1 October 2010 section 54 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010
456A: Purpose and application
1: The purpose of Part 1
a: enable proceedings to be commenced under the Summary Proceedings Act 1957 or the Criminal Procedure Act 2011
i: a child aged 12 or 13 years who is alleged to have committed an offence (other than murder or manslaughter) for which the maximum penalty available is or includes imprisonment for life or for at least 14 years; or
ii: a child aged 12 or 13 years who is alleged to have committed an offence (other than murder or manslaughter) for which the maximum penalty available is or includes imprisonment for at least 10 years but less than 14 years and who is a previous offender; and
b: require to be brought before the Youth Court Summary Proceedings Act 1957 or the Criminal Procedure Act 2011
c: strengthen and expand the orders available to the Youth Court the Youth Court
2: A child aged 12 or 13 years is a previous offender for the purposes of subsection (1)﻿(a)﻿(ii) if, in accordance with section 272(1A) or (1B) section 14(2)
a: proved before the Family Court
b: convicted by the High Court of murder or manslaughter; or
c: convicted by the District Court the Youth Court
d: proved before the Youth Court
3: The amendments made by a provision of that Part apply only—
a: in respect of an offence committed or alleged to have been committed after the commencement of that provision; and
b: in accordance with subsection (4) in respect of an offence committed or alleged to have been committed before the commencement of that provision.
4: If the child or young person gives consent to its doing so, the court may make an order, or exercise or perform any other authority, power, or function, under an amendment made by a provision of that Part in respect of an offence committed or alleged to have been committed before the commencement of that provision.
5: A reference in subsection (3) or (4) to an offence committed or alleged to have been committed includes a reference to each of the child's 1 or more earlier offences referred to in section 272(1A)﻿(b) or (1B)﻿(a), (b), or (c)
a: the offence is one of the kind specified in section 272(1)﻿(c)
b: proceedings under the Summary Proceedings Act 1957 or the Criminal Procedure Act 2011 section 272(1)﻿(c) Section 456A inserted 1 October 2010 section 54 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 456A(1)﻿(a) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 456A(1)﻿(b) amended 1 March 2017 section 261 District Court Act 2016 Section 456A(1)﻿(b) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Section 456A(1)﻿(c) amended 1 March 2017 section 261 District Court Act 2016 Section 456A(2)﻿(a) amended 1 March 2017 section 261 District Court Act 2016 Section 456A(2)﻿(c) amended 1 March 2017 section 261 District Court Act 2016 Section 456A(2)﻿(d) amended 1 March 2017 section 261 District Court Act 2016 Section 456A(5)﻿(b) amended 1 July 2013 section 4 Children, Young Persons, and Their Families Amendment Act (No 2) 2011 Transitional provisions
457: Complaints
Section 457 repealed 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
458: Informations
Section 458 repealed 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
459: Guardianship orders
Section 459 repealed 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
460: Plans and reports to be furnished to court in respect of orders deemed to be guardianship orders under this Act
Section 460 repealed 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
461: Review of orders deemed to be guardianship orders under this Act
Section 461 repealed 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
462: Applications for review of guardianship orders
Section 462 repealed 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
463: Supervision orders
Section 463 repealed 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
464: Applications for review of supervision orders
Section 464 repealed 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
465: Complaints for failure to observe conditions of supervision order
Section 465 repealed 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
466: Agreements for control of child or young person by the Director-General
Section 466 repealed 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
467: Homes registered or deemed to be registered under Part 9 of Children and Young Persons Act 1974
Section 467 repealed 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
467A: Building Act 2004
1: Where any person making inspections under this Act believes that any building or sitework does not comply with the Building Act 2004
2: For the purposes of this section, the terms building sitework territorial authority Building Act 2004 Section 467A inserted 1 July 1992 Building Act 1991 Section 467A heading amended 31 March 2005 section 414 Building Act 2004 Section 467A(1) amended 31 March 2005 section 414 Building Act 2004 Section 467A(2) amended 31 March 2005 section 414 Building Act 2004
468: Agreements for assumption of care of child or young person by manager of home or recognised system of foster care
Section 468 repealed 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
469: Administration of property by Public Trustee
Section 469 repealed 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999