Children, Young Persons, and Their Families Act 1989

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

  care and protection resource panel means a care and protection resource panel established pursuant to section 428

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

  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 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)

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

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

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

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

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

  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

  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:

  • (b) any department (as defined in section 2(1) of the State Sector Act 1988):

  • (c) a local authority

  enforcement agency office means—

  • (a) a police station:

  • (b) any premises occupied by—

    • (i) any department (as defined in section 2(1) of the State Sector Act 1988):

    • (ii) any local authority

  enforcement officer means—

  • (a) any member of the police:

  • (b) an enforcement officer (as defined in section 2(1) of the Land Transport Act 1998):

  • (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—

    • (i) the Public Service (as defined in section 2(1) of the State Sector Act 1988); or

    • (ii) a local authority

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

  • (b) in relation to Part 4, 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

  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

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

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

  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

  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

  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

  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

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

  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

  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

  • (c) does not include—

    • (i) a prison; or

    • (ii) a psychiatric hospital or a facility within the meaning of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003; or

    • (iii) [Repealed]

    • (iv) a children's health camp operated by Children's Health Camps—The New Zealand Foundation for Child and Family Health and Development

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

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

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

  traffic offence means—

  • (a) any offence against the Transport Act 1962 or the Land Transport Act 1998, or against any regulation or bylaw made under either of those Acts:

  • (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

  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

  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

  Youth Advocate means a barrister or solicitor appointed pursuant to section 323 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.

  (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 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 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), section 322 shall apply, with all necessary modifications, to the proceedings.

  (4) Where any proceedings have been taken under Part 2 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

  Section 2(1) Care and Protection Co-ordinator: amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

  Section 2(1) chief executive: inserted, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

  Section 2(1) child abuse: inserted, on 8 January 1995, by section 2(1) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

  Section 2(1) Child and Family Support Service: amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

  Section 2(1) Commissioner: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

  Section 2(1) Community Service: amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

  Section 2(1) convene: inserted, on 8 January 1995, by section 2(2) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

  Section 2(1) Court: amended, on 1 November 1999, by section 6 of the Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).

  Section 2(1) Cultural Authority: repealed, on 8 January 1995, by section 2(3) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

  Section 2(1) Cultural Social Service: inserted, on 8 January 1995, by section 2(3) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

  Section 2(1) Cultural Social Service: amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

  Section 2(1) department: substituted, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

  Section 2(1) Director-General: repealed, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

  Section 2(1) enforcement officer paragraph (b): substituted, on 1 March 1999, by section 215(1) of the Land Transport Act 1998 (1998 No 110).

  Section 2(1) family group conference paragraph (b): amended, on 8 January 1995, by section 2(4) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

  Section 2(1) guardianship: amended, on 1 July 2005, by section 151 of the Care of Children Act 2004 (2004 No 90).

  Section 2(1) Iwi Authority: repealed, on 8 January 1995, by section 2(5) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

  Section 2(1) Iwi Social Service: inserted, on 8 January 1995, by section 2(5) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

  Section 2(1) Iwi Social Service: amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

  Section 2(1) medical practitioner: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

  Section 2(1) Minister: substituted, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

  Section 2(1) near relative: amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

  Section 2(1) parent: substituted, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

  Section 2(1) psychiatric hospital: substituted, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

  Section 2(1) psychologist: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

  Section 2(1) residence paragraph (a): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

  Section 2(1) residence paragraph (c)(i): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

  Section 2(1) residence paragraph (c)(ii): substituted, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

  Section 2(1) residence paragraph (c)(iii): repealed, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

  Section 2(1) residence paragraph (c)(iv): amended, on 1 April 2000, by section 8 of the Children's Health Camps Board Dissolution Act 1999 (1999 No 141).

  Section 2(1) Social Welfare District or District: repealed, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

  Section 2(1) Social Worker: substituted, on 1 April 1990, by section 35(1)(d) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).

  Section 2(1) Social Worker: amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

  Section 2(1) traffic offence paragraph (a): substituted, on 1 March 1999, by section 215(1) of the Land Transport Act 1998 (1998 No 110).

  Section 2(1) working day: substituted, on 1 November 1999, by section 6 of the Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).

  Section 2(1) young person: amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

  Section 2(1) Youth Justice Co-ordinator: amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

  Section 2(2): substituted, on 8 January 1995, by section 2(6) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

  Section 2(2)(e): amended, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).

  Section 2(3): added, on 8 January 1995, by section 2(6) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

  Section 2(4): added, on 8 January 1995, by section 2(6) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).