Reprint as at 29 June 2009
| Public Act | 1989 No 24 |
| Date of assent | 27 May 1989 |
| Commencement | see section 1(2) |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Ministry of Social Development.
11 Duty of court and counsel to encourage and assist child or young person to participate in proceedings
Definition of child or young person in need of care or protection
18 Referral of care or protection cases to care and protection co-ordinator or youth justice co-ordinator by social workers or constables
19 Referral of care or protection cases to care and protection co-ordinator by other persons or by court
21 Care and protection co-ordinator to consult family, whanau, or family group on convening of family group conference
23 Care and protection co-ordinator to ensure that relevant information and advice made available to family group conference
24 Care and protection co-ordinator to ascertain views of persons unable to attend family group conference
30 Care and protection co-ordinator to seek agreement to decisions, recommendations, and plans of family group conference
32 Records of decisions, recommendations, and plans of family group conferences to be made available to interested persons
34 Chief executive to give effect to decisions, recommendations, and plans of family group conference
Powers to remove child or young person
45 Child or young person placed in custody of chief executive to be brought before court within 5 days unless sooner released
46 Powers of court where application made under section 44 or child or young person brought before court under section 45
47 Social worker or constable to furnish report to Commissioner where child or young person released before required to be brought before court
Medical examination of child or young person
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
Proceedings in respect of children and young persons in need of care or protection
71 Court may make declaration in absence of proof of responsibility for neglect or ill-treatment of child or young person
73 Court not to make declaration unless satisfied that child's or young person's need for care or protection cannot be met by other means
Custody of child or young person pending determination of proceedings
107 Person in whose custody child or young person is placed may determine access rights in absence of court order
Effect of custody and guardianship orders on jurisdiction under Care of Children Act 2004
Access and exercise of other rights
Variation and discharge of orders
Plans for children and young persons
Agreements for care of children and young persons
139 Agreements for temporary care of children and young persons by chief executive, iwi social services, etc
140 Agreements for extended care of children and young persons by chief executive, iwi social service, etc
Courts having jurisdiction under Parts 2 and 3A
Attendance of parties at hearing
Appointment of persons to represent child or young person or assist court
161 Further provisions relating to barrister or solicitor appointed under section 159 or section 160
Attendance at hearings and right to make representations
185 Sections to have effect in place of sections 38 to 44 of Criminal Procedure (Mentally Impaired Persons) Act 2003
196 Special provisions applying to disclosure of communications to medical practitioner or clinical psychologist
200 Court to ensure that application for declaration that child or young person in need of care or protection dealt with promptly
Transfer of protection orders from New Zealand by chief executive
Transfer of protection orders from New Zealand by order of court
Transfer of protection proceedings from New Zealand by order of court
Transfer of protection orders and protection proceedings to New Zealand
Warnings and formal Police cautions
213 Evidence of warnings and formal Police cautions and of offences to which they relate not admissible in criminal proceedings
Arrest of child or young person without warrant
Rights of children and young persons when questioned, charged with offence, or arrested
216 Enforcement officer to explain rights to child or young person who is to be charged with offence
218 Explanations to be given in manner and language appropriate to age and level of understanding of child or young person
Provisions relating to admissibility of statements made by children and young persons
225 Other enactments relating to admissibility of statements or confessions, or requiring information or particulars to be given, not affected
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
228 Entitlement of child or young person to consult with barrister or solicitor where taken to hospital following arrest or questioned at hospital
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
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
Breath-alcohol and blood-alcohol provisions of Land Transport Act 1998 not affected
Custody of child or young person following arrest or pending hearing
Powers under Immigration Act 1987 not affected
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
254 Youth justice co-ordinator to ascertain views of persons unable to attend family group conference
255 Youth justice co-ordinator to ensure that relevant information and advice made available to family group conference
261 Family group conference may make decisions, recommendations, and plans relating to care or protection of child or young person
262 Youth justice co-ordinator to make record of decisions, recommendations, and plans of family group conference
263 Youth justice co-ordinator to seek agreement to decisions, recommendations, and plans of family group conference
265 Records of decisions, recommendations, and plans of family group conference to be made available to interested persons
267 Enforcement agencies to comply with decisions, recommendations, and plans of family group conference
268 Chief executive to give effect to decisions, recommendations, and plans of family group conference
269 Chief executive may provide financial assistance to enable decisions, etc, of family group conference to be carried out
273 Manner of dealing with summary offences and indictable offences (other than purely indictable offences)
275 Young person may forego right to jury trial and elect to have proceedings determined by Youth Court
280 Court may refer case to care and protection co-ordinator to determine whether matter should be dealt with under Part 2
Disposal of proceedings in Youth Court
290 Restrictions on imposition of supervision with residence or transfer to District Court for sentence
292 Whole or part of fine may be awarded to victim of offence suffering physical or emotional harm [Repealed]
293 Effect of order imposing fine or requiring payment of compensation or restitution or forfeiture of property
Powers of court where young person already subject to order made under this Part
302 Application of Injury Prevention, Rehabilitation, and Compensation Act 2001 to young persons performing work under community work order
Provisions relating to supervision orders and supervision with activity orders
Supervision with residence orders
314 Chief executive may release young person from custody before expiry of supervision with residence order
Reports on effectiveness of orders
321 Application of District Courts Act 1947, Summary Proceedings Act 1957, Bail Act 2000, and Criminal Disclosure Act 2008
Attendance at hearings and right to make representations
Arrangements for hearings in Youth Courts
Written statement of terms of orders
Appeals from decisions of Family Courts
342 Procedure for bringing appeal [Repealed]
Appeals from decisions of Youth Court
Placement of children and young persons
364A Residence management committees [Repealed]
364B Functions of residence management committees [Repealed]
Absconding by children and young persons
388 Financial and other assistance in respect of children and young persons subject to orders made under this Act
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
Limitation on tortious liability
394 Limitation on tortious liability of chief executive and other persons having care of child or young person
Part 8
Provisions relating to iwi social services, cultural social services, child and family support services, and community services
Iwi social services, cultural social services, and child and family support services
396 Approval of iwi social services, cultural social services, and child and family support services
398 Chief executive not to decline application without giving applicant opportunity to make submissions
402 Convener of iwi social service or cultural social service to have power of decision for purposes of this Act
404 Chief executive not to decline application without giving applicant opportunity to make submissions
Part 9
Commissioner for Children
[Repealed]
410 Commissioner for Children [Repealed]
411 Functions of Commissioner [Repealed]
412 Powers of Commissioner [Repealed]
413 Commissioner may regulate own procedure [Repealed]
415 Annual report [Repealed]
416 Appointment of Commissioner [Repealed]
418 Removal from office [Repealed]
419 Superannuation or retiring allowances [Repealed]
420 Proceedings privileged [Repealed]
421 Commissioner deemed to be official [Repealed]
Care and protection co-ordinators and youth justice co-ordinators
427 Delegation of functions of care and protection co-ordinator or youth justice co-ordinator to social worker
Care and protection resource panels
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
446B Offences available if child or young person is subject of certain protection orders or proceedings under Part 3A
Amendments to other enactments
457 Complaints [Repealed]
458 Informations [Repealed]
459 Guardianship orders [Repealed]
460 Plans and reports to be furnished to court in respect of orders deemed to be guardianship orders under this Act [Repealed]
463 Supervision orders [Repealed]
464 Applications for review of supervision orders [Repealed]
467 Homes registered or deemed to be registered under Part 9 of Children and Young Persons Act 1974 [Repealed]
468 Agreements for assumption of care of child or young person by manager of home or recognised system of foster care [Repealed]
469 Administration of property by Public Trustee [Repealed]
An Act to reform the law relating to children and young persons who are in need of care or protection or who offend against the law and, in particular,—
(a) to advance the well-being of families and the well-being of children and young persons as members of families, whanau, hapu, iwi, and family groups:
(b) to make provision for families, whanau, hapu, iwi, and family groups to receive assistance in caring for their children and young persons:
(c) to make provision for matters relating to children and young persons who are in need of care or protection or who have offended against the law to be resolved, wherever possible, by their own family, whanau, hapu, iwi, or family group:
(d) [Repealed]
(e) to repeal the Children and Young Persons Act 1974
Title paragraph (d): repealed, on 26 November 2003, by section 37 of the Children's Commissioner Act 2003 (2003 No 121).