Children, Young Persons, and Their Families Act 1989

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2 Interpretation
  • (1) In this Act, unless the context otherwise requires,—

    Care and Protection Co-ordinator means a Care and Protection Co-ordinator appointed by the chief executive pursuant to section 423 of this Act

    Care and Protection Co-ordinator: this definition was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting chief executive for Director-General.

    Care and Protection Resource Panel means a Care and Protection Resource Panel established pursuant to section 428 of this Act

    Chief executive means, subject to any enactment, the person holding office as the chief executive of the Department

    Chief executive: this definition was inserted, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82).

    Child means a boy or girl under the age of 14 years

    Child abuse means the harming (whether physically, emotionally, or sexually), ill-treatment, abuse, neglect, or deprivation of any child or young person

    Child abuse: this definition was inserted, as from 8 January 1995, by section 2(1) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

    Child and Family Support Service means any organisation or body approved by the chief executive as a Child and Family Support Service pursuant to section 396(3) of this Act

    Child and Family Support Service: this definition was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting chief executive for Director-General.

    Commissioner means the Children's Commissioner continued under section 6 of the Children's Commissioner Act 2003.

    Commissioner: this definition was substituted, as from 26 November 2003, by section 37 Children's Commissioner Act 2003 (2003 No 121).

    Commissioner: this definition was substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

    Community Service means any service approved by the chief executive as a Community Service pursuant to section 403 of this Act

    Community Service: this definition was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting chief executive for Director-General.

    Convene, in relation to a family group conference, means to take the appropriate steps under sections 20 and 25 of this Act (in the case of a family group conference authorised or required under Part 2 of this Act) or under sections 247 and 253 of this Act (in the case of a conference authorised or required under Part 4 of this Act) in order to cause the conference to meet; and reconvene has a corresponding meaning

    Convene: this definition was inserted, as from 8 January 1995, by section 2(2) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

    Court, in relation to Parts 2, 3, and 3A of this Act, means a Family Court, and in relation to Parts 4 and 5 of this Act, means a Youth Court

    Court: this definition was amended, as from 1 November 1999, by section 6 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116) by substituting Parts 2, 3, and 3A for Parts 2 and 3.

    Cultural Authority

    [Repealed]

    Cultural Authority: this definition was repealed, as from 8 January 1995, by section 2(3) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

    Cultural Social Service means any incorporated body approved by the chief executive as a Cultural Social Service pursuant to section 396(2) of this Act

    Cultural Social Service: this definition was inserted, as from 8 January 1995, by section 2(3) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

    Cultural Social Service: this definition was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting chief executive for Director-General.

    Custody means the right to possession and care of a child or young person

    Department means the department that is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act

    Department: this definition was amended, as from 1 April 1990, by section 35(1)(a) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26) by omitting established by the Department of Social Welfare Act 1971.

    Department: this definition was substituted, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82).

    Director-General

    [Repealed]

    Director-General: this definition was substituted, as from 1 April 1990, by section 35(1)(b) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

    Director-General: this definition was repealed, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82).

    Document means a document in any form; and includes—

    • (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 one 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 means—

    • (a) The New Zealand Police:

    • (c) A local authority:

    Enforcement agency office means—

    • (a) A Police station:

    • (b) Any premises occupied by—

      • (ii) Any local authority:

    Enforcement officer means—

    • (a) Any member of the Police:

    • (c) Any person acting in the course of his or her official duties (being duties that consist of or include the detection, investigation, or prosecution of offences) as an officer or employee of—

      • (ii) A local authority:

    Enforcement officer: paragraph (b) of this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    Ex parte application means an application made without notice to the respondent to the application

    Family group, in relation to a child or young person, means a family group, including an extended family,—

    • (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 of this Act, means a meeting convened or reconvened by a Care and Protection Co-ordinator in accordance with section 20 of this Act:

    • (b) In relation to Part 4 of this Act, means a meeting convened or reconvened by a Youth Justice Co-ordinator in accordance with section 247 or section 270 or section 281 or section 281B of this Act:

    Family group conference: paragraph (b) of this definition was amended, as from 8 January 1995, by section 2(4) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121) by inserting or section 281B.

    Family resource centre means any premises that provide temporary accommodation for a child or young person and any person who has the care of that child or young person, where that accommodation is provided as part of a programme designed to provide assistance to that person

    Guardianship has the meaning given to it by section 15 of the Care of Children Act 2004; and guardian has a corresponding meaning

    Guardianship: this definition was amended, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90) by substituting section 15 of the Care of Children Act 2004 for section 3 of the Guardianship Act 1968.

    Indictable offence means an indictable offence within the meaning of the Summary Proceedings Act 1957

    Iwi Authority

    [Repealed]

    Iwi Authority: this definition was repealed, as from 8 January 1995, by section 2(5) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

    Iwi Social Service means any incorporated body approved by the chief executive as an Iwi Social Service pursuant to section 396(1) of this Act

    Iwi Social Service: this definition was inserted, as from 8 January 1995, by section 2(5) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

    Iwi Social Service: this definition was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting chief executive for Director-General.

    Lay advocate does not include any person who is a barrister or solicitor

    medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

    medical practitioner: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

    Minister means, subject to any enactment, the Minister who is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act

    Minister: this definition was substituted, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82).

    Near relative means a grandparent, aunt, uncle, brother, or sister; and includes a brother or sister of the half-blood as well as of the full-blood

    near relative: this definition was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by omitting the expression step-parent,.

    parent, in relation to a child, includes a step-parent of the child, but only if the step-parent shares responsibility for the day-to-day care of the child with a parent of the child

    Parent: this definition was substituted, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3).

    Psychiatric hospital means a hospital within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992

    Psychiatric hospital: this definition was substituted, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82).

    psychologist means a health practitioner who is, or is deemed to be, registered with the Psychologists Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of psychology.

    psychologist: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

    Purely indictable offence means any indictable offence other than an offence for which, by virtue of section 6 of the Summary Proceedings Act 1957, proceedings may be taken in a summary way in accordance with that Act

    Residence

    • (a) Means any residential centre, family home, group home, foster home, family resource centre, or other premises, approved or recognised for the time being by the chief executive as a place of care or treatment for the purposes of this Act; and

    • (b) Includes any place of care or treatment, so approved, whether administered by the Crown or not; but

    Residence: paragraph (a) of this definition was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting chief executive for Director-General.

    Residence: paragraph (c)(i) of this definition was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting prison for penal institution. See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).

    Residence: paragraph (c)(ii) of this definition was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by omitting or a licensed institution under the Mental Health Act 1969.

    Residence: paragraph (c)(ii) of this definition was substituted, as from 1 September 2004, by section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115). See clause 2 Criminal Procedure (Mentally Impaired Persons) Act Commencement Order 2004 (SR 2004/147).

    Residence: paragraph (c)(iii) of this definition was repealed, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82).

    Residence: paragraph (c)(iv) of this definition was amended, as from 1 April 2000, by section 8 Children's Health Camps Board Dissolution Act 1999 (1999 No 141) by substituting operated by Children's Health Camps—The New Zealand Foundation for Child and Family Health and Development for within the meaning of the Children's Health Camps Act 1972.

    Secure care, in relation to a child or young person in a residence established under section 364 of this Act, means containment in that residence within a locked room or enclosure with visible physical barriers

    Social Welfare District or District

    [Repealed]

    Social Welfare District or District: this definition was amended, as from 1 April 1990, by section 35(1)(c) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26) by substituting Part 5 of the State Sector Act 1988 for section 10(1) of the Social Welfare Act 1971.

    Social Welfare District or District: this definition was repealed, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82).

    Social Worker means a person employed under Part 5 of the State Sector Act 1988 in the Department as a social worker

    Social Worker: this definition was substituted, as from 1 April 1990, by section 35(1)(d) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

    Social Worker: this definition was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by omitting of Social Welfare.

    Summary offence means a summary offence within the meaning of the Summary Proceedings Act 1957

    Traffic offence means—

    • (b) Any offence against any regulation or bylaw made under any other Act if the offence relates to the use of vehicles or parking places or transport stations:

    Traffic offence: paragraph (a) of this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

    Victim means a person who, through or by means of an offence, suffers physical or emotional harm, or loss of or damage to property; and where an offence results in death, the term includes the members of the immediate family of the deceased

    Working day means a day of the week other than—

    • (a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, and Waitangi Day; 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:

    Working day: this definition was substituted, as from 1 November 1999, by section 6 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).

    Young person means a boy or girl of or over the age of 14 years but under 17 years; but does not include any person who is or has been married or in a civil union

    Young person: this definition was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by inserting or in a civil union.

    Youth Advocate means a barrister or solicitor appointed pursuant to section 323 of this Act to represent a child or young person

    Youth Justice Co-ordinator means a Youth Justice Co-ordinator appointed by the chief executive pursuant to section 425 of this Act.

    Youth Justice Co-ordinator: this definition was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting chief executive for Director-General.

    (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) of this subsection, 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 18 years; or

    • (d) Require any proceedings to be taken in a Youth Court if, at the time the information is laid, that person has attained the age of 18 years; or

    • (e) Derogate from the provisions of section 6 of the Sentencing Act 2002 (which shall apply in respect of proceedings under Part 4 of this Act as if the proving of a charge was a conviction).

    (3) Where any information is laid in a District Court pursuant to subsection (2)(d) of this section, section 322 of this Act shall apply, with all necessary modifications, to the proceedings.

    (4) Where any proceedings have been taken under Part 2 of this Act in respect of any alleged incident, the age of any child or young person at the date of the alleged incident shall be that person's age for the purpose of the proceedings.

    Compare: 1974 No 72 s 2; 1981 No 113 s 50(4); 1982 No 135 s 2; 1983 No 129 s 2

    Subsection (2) was substituted, as from 8 January 1995, by section 2(6) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

    Subsections (3) and (4) were inserted, as from 8 January 1995, by section 2(6) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

    Subsection (2)(e) was amended, as from 30 June 2002, by section 186 Sentencing Act 2002 (2002 No 9), by substituting section 6 of the Sentencing Act 2002 for section 4 of the Criminal Justice Act 1985. See sections 148 to 160 of that Act for the transitional and savings provisions. See sections 148 to 160 of that Act for the savings and transitional provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).