Children, Young Persons, and Their Families Act 1989

Reprint as at 31 March 2014

Children, Young Persons, and Their Families Act 1989

Public Act1989 No 24
Date of assent27 May 1989
Commencementsee section 1(2)

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Social Development.


Contents

Title

1 Short Title and commencement

2 Interpretation

2A Transitional and savings provisions relating to amendments to this Act

3 Act to bind the Crown

Part 1
General objects, principles, and duties

General objects

4 Objects

General principles

5 Principles to be applied in exercise of powers conferred by this Act

6 Welfare and interests of child or young person paramount

General duties

7 Duties of chief executive

8 Parents and others to be informed of decisions

9 Interpreters

10 Duty of court and counsel to explain proceedings

11 Duty of court and counsel to encourage and assist child or young person to participate in proceedings

12 Duty of medical practitioner to minimise distress to child or young person

Part 2
Care and protection of children and young persons

Principles

13 Principles

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

14A Conduct outside New Zealand

Reporting of child abuse

15 Reporting of ill-treatment or neglect of child or young person

16 Protection of person reporting ill-treatment or neglect of child or young person

17 Investigation of report of ill-treatment or neglect of child or young person

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

Family group conferences

20 Convening of family group conferences

21 Care and protection co-ordinator to consult family, whanau, or family group on convening of family group conference

22 Persons entitled to attend 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

25 Notification of convening of family group conference

26 Procedure at family group conference

27 Department to provide administrative services to family group conference

28 Functions of family group conference

29 Family group conference may make decisions and recommendations and formulate plans

30 Care and protection co-ordinator to seek agreement to decisions, recommendations, and plans of family group conference

31 Procedure where no agreement possible

32 Records of decisions, recommendations, and plans of family group conferences to be made available to interested persons

33 Department to maintain records of proceedings of family group conferences

34 Chief executive to give effect to decisions, recommendations, and plans of family group conference

35 Police to comply with decisions, recommendations, and plans of family group conference

36 Family group conference may reconvene to review its decisions, recommendations, and plans

37 Proceedings of family group conference privileged

38 Proceedings of family group conference not to be published

Powers to remove child or young person

39 Place of safety warrants

40 Warrant to remove child or young person

41 Person executing warrant to produce evidence of authority and identity [Repealed]

42 Search without warrant

43 Placement of child or young person placed in custody of chief executive

44 Parent or guardian may apply for release of or access to 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

48 Unaccompanied children and young persons

Medical examination of child or young person

49 Court may order medical examination of child or young person

50 Ex parte application for order for medical examination

51 Court may impose conditions on order for medical examination

52 Medical practitioner to prepare report on examination

53 Medical examination of child or young person at request of social worker

54 Child or young person entitled to have adult present

55 Restrictions on internal examinations and examinations under general anaesthetic

56 Medical practitioner to prepare report on examination

57 Social worker to make report to chief executive

58 Fees for reports prepared under section 52 or section 56

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

60 Ex parte application for order for production of document

61 Court may order document to be produced

62 Section 61 to apply notwithstanding any enactment or rule of law

63 Right to remove, retain, and make copies of document produced under section 61

64 Document produced under section 61 not to be used for any other purpose

65 Use of documents in subsequent proceedings

66 Government departments may be required to supply information

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

68 Application for declaration that child or young person is in need of care or protection

69 Joint applications

70 No application to be made unless family group conference has been held

71 Court may make declaration in absence of proof of responsibility for neglect or ill-treatment of child or young person

72 Court not to make declaration unless family group conference held

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

Counselling

74 Court may require parties to undergo counselling

75 Counsellor to arrange meeting and submit report on outcome

76 Fees

77 Privilege

Custody of child or young person pending determination of proceedings

78 Custody of child or young person pending determination of proceedings

79 Persons who may be granted custody under section 78

80 Effect of order made under section 78

81 Placement of child or young person under order made under section 78

82 Child or young person may be returned to person who previously had care

Orders under this Part

83 Orders of court on making of declaration

84 Power to make other orders where declaration made on ground of child's offending

85 Recall to come before court

Services orders

86 Services orders

86A Interim services orders

Restraining orders

87 Restraining orders

88 Interim restraining orders

89 Offence to contravene restraining order or interim restraining order

90 When restraining order shall cease to have effect

Support orders

91 Support orders

92 Interim support orders

93 Duty to provide support

94 Duty of chief executive to appoint social worker to provide support

95 Conditions of support order or interim support order

96 Power of court to impose additional conditions

97 Court may impose conditions in respect of parent, guardian, etc, of child or young person

98 Court not to impose condition requiring medical treatment without person's consent

99 Person or organisation providing support to child or young person to report to court

100 Failure to observe conditions of support order

Custody orders

101 Custody orders

102 Interim custody orders

103 Court may impose conditions to facilitate return of child or young person

104 Effect of custody order

105 Living arrangements for child or young person placed in custody of chief executive

106 Living arrangements where child or young person placed in custody of iwi social service, etc

107 Person in whose custody child or young person is placed may determine access rights in absence of court order

108 When custody order shall cease to have effect

109 Custody to revert on expiry of order

Guardianship orders

110 Guardianship orders

111 Person not to be appointed as guardian without consent

112 Chief executive may be appointed as guardian for specific purpose

113 Court may impose conditions to facilitate return of child or young person

114 Effect of guardianship order

115 Disputes between guardians

116 Review of guardian's decision or refusal to give consent

117 When guardianship orders to cease to have effect

118 Reversion of guardianship on expiry or discharge of guardianship order

119 Guardianship of child or young person on death of person appointed as guardian under this Act

Effect of custody and guardianship orders on jurisdiction under Care of Children Act 2004

120 Restriction on making of guardianship and parenting orders under 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

122 Enforcement of access rights

123 Power of entry

124 Person executing warrant to produce evidence of authority and identity [Repealed]

Variation and discharge of orders

125 Application for variation or discharge of orders made under this Part

126 Persons who may apply for variation or discharge of order

126A Court may direct holding of family group conference to consider application

127 Court may vary or discharge order

Plans for children and young persons

128 Court to obtain and consider plan for child or young person before making certain orders

129 Court to direct who is to prepare plan

130 Content of plans

131 Adjournment for purposes of obtaining plan

132 Access to plans

133 Court may order plan not to be disclosed

134 Court to set date for review of plan

135 Review of plan

136 Access to reports and revised plans

137 Court to consider report and make directions

138 Court to set date for further review of plan

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

141 Agreements for extended care of severely disabled children and young persons

142 Agreements with persons providing residential disability care

143 All parents or guardians not required to be party to agreement

144 Agreement not to be made without consent of child or young person

145 Agreement not to be made without approval of family group conference

146 Form and terms of agreements

147 Further restrictions on making of agreements

148 Effect of agreements

149 Agreement may provide for consent to medical treatment

Part 3
Provisions relating to procedure in respect of proceedings under Parts 2 and 3A

Courts having jurisdiction under Parts 2 and 3A

150 Jurisdiction of Family Courts

151 Jurisdiction of District Courts in cases of urgency

Service of applications

152 Service of application for declaration

153 Notice of application for declaration to be given to child or young person

154 Service of application for variation or discharge of order

155 Court may dispense with service

Attendance of parties at hearing

156 Court may require party to attend hearing

157 Court may require child or young person to attend hearing

Joint hearings

158 Applications may be heard together

Appointment of persons to represent child or young person or assist court

159 Appointment of lawyer to represent child or young person in proceedings

160 Appointment of lawyer to assist court

161 Further provisions relating to appointment under section 159 or 160

162 Payment of lawyer appointed under section 159 or 160

163 Appointment of lay advocate

164 Further provisions relating to lay advocate

165 Payment of lay advocate

Attendance at hearings and right to make representations

166 Persons entitled to be present at hearing of proceedings in Family Court

167 Child or young person may give evidence in private

168 Other powers of court to hear proceedings in private or exclude persons not affected

169 Right to make representations

Mediation conferences

170 Calling of mediation conference

171 Objectives of mediation conference

172 Procedure at mediation conference

173 Presiding Judge to make record of proceedings at mediation conference

174 Power of presiding Judge to make consent orders

175 Power to require attendance at mediation conference

176 Privilege

177 Presiding Judge may hear subsequent proceedings

Reports

178 Medical, psychiatric, and psychological reports

179 Further provisions relating to medical, psychiatric, and psychological examinations

180 Fees for reports prepared under section 178

181 Court may order examination to be carried out in psychiatric hospital

182 Release of child or young person from psychiatric hospital where detention no longer required

183 Review of order made under section 178 or section 181

184 Court may indicate matters to be dealt with in report

185 Sections to have effect in place of sections 38 to 44 of Criminal Procedure (Mentally Impaired Persons) Act 2003

186 Report by social worker

187 Cultural and community reports

188 Privilege for reports

189 Adjournment for purposes of obtaining report

190 Reports may be made orally

191 Access to reports

192 Court may order report not to be disclosed

193 Right to tender evidence on report

194 Court may call person making report as witness

Miscellaneous provisions

195 Evidence [Repealed]

196 Special provisions applying to disclosure of communications to medical practitioner or clinical psychologist

197 Standard of proof

198 Special provisions applying to applications for declaration on ground of child's offending

199 Power of court to call witnesses

200 Court to ensure that application for declaration that child or young person in need of care or protection dealt with promptly

201 Adjournments

202 Orders by consent

203 Costs

204 Rehearings

205 Preventing removal of child or young person from New Zealand

206 Offence to take child or young person out of New Zealand where proceedings pending

206A Leave required in certain cases to commence substantially similar proceedings

206B Power to dismiss proceedings

207 Vexatious proceedings

Part 3A
Trans-Tasman transfer of protection orders and protection proceedings

Purpose of Part

207A Purpose of Part

Interpretation

207B Interpretation

207C Meaning of protection order

Transfer of protection orders from New Zealand by chief executive

207D Chief executive may transfer protection order

207E Chief executive to have regard to certain matters

207F Consent required

207G Consultation required

207H Conditions and duration of order to be transferred

207I Notice of decision to transfer

207J Review of decision to transfer

Transfer of protection orders from New Zealand by order of court

207K Court may order transfer of protection order

207L Service of application

207M Court to have regard to certain matters

207N Terms, conditions, and duration of order to be transferred

207O Appeal against order for transfer

207P Review of order for transfer

Transfer of protection proceedings from New Zealand by order of court

207Q Court may order transfer of protection proceedings

207R Service of application

207S Court to have regard to certain matters

207T Interim order

207U Appeal against order for transfer

207V Review of order for transfer

207W Transferred proceedings discontinued

Transfer of protection orders and protection proceedings to New Zealand

207X Registration of orders and proceedings to be transferred to New Zealand

207Y Notice of registration

207Z Effect of registration

207ZA Court to obtain plan for child or young person

207ZB Hearing and determination of transferred proceedings

207ZC Aboriginal or Torres Strait Islander children or young persons

207ZD Application to have registration revoked

207ZE Service of application

207ZF Revocation of registration

207ZG Notice of revocation

207ZH Effect of revocation on plan and documents

Miscellaneous provisions

207ZI Expiry and revival of order transferred from New Zealand

207ZJ Expiry and revival of ancillary orders

207ZK Transfer of court file

207ZL Disclosure of information to interstate officer

207ZM Information disclosed to chief executive by interstate officer

207ZN Department not to disclose information identifying notifier

207ZO Written consent of interstate officer

Part 4
Youth justice

Principles

208 Principles

Warnings and formal Police cautions

209 Consideration of warning as alternative to prosecution

210 Administration of warning

211 Formal Police caution

212 Notice of warning or caution

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

214 Arrest of child or young person without warrant

214A Arrest of child or young person in breach of bail condition

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

215A Rights to be explained to child or young person on request

216 Enforcement officer to explain rights to child or young person who is to be charged with offence

217 Rights to be explained to child or young person who is arrested

218 Explanations to be given in manner and language appropriate to age and level of understanding of child or young person

219 Explanations not required if child or young person already informed of rights

220 Other enactments requiring information or particulars not affected

Provisions relating to admissibility of statements made by children and young persons

221 Admissibility of statements made by children and young persons

222 Persons who may be nominated for the purposes of section 221(2)(b) or (c)

223 Section 221 not to apply where statement made before requirements of that section can be met

224 Reasonable compliance sufficient

225 Other enactments relating to admissibility of statements or confessions, or requiring information or particulars to be given, not affected

226 Evidence of communications during consultation not admissible

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

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

230 Evidence of communications during visit not admissible

231 Persons who may be nominated for the purposes of section 229(1)(a)

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

233 Breath-alcohol and blood-alcohol provisions of Land Transport Act 1998 not affected

Custody of child or young person following arrest or pending hearing

234 Custody of child or young person following arrest

235 Child or young person who is arrested may be placed in custody of chief executive

236 Young person who is arrested may be detained in Police custody

237 Child or young person who is arrested to be brought before court as soon as possible

238 Custody of child or young person pending hearing

239 Restrictions on power of court to order child or young person to be detained in custody

239A Expiry of sections 238(1A) to (1C), and 239(3)

240 Conditions of bail

241 Review of orders made under section 238

242 Order under section 238 sufficient authority for detention of child or young person

243 Other powers to grant bail not affected

Powers under Immigration Act 2009 not affected

244 Immigration Act 2009 (other than sections 342 to 354) 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

246 Procedure where young person arrested and brought before court

247 Youth justice co-ordinator to convene family group conference

248 Family group conference not required in certain cases

249 Time limits for convening of family group conferences

250 Consultation on convening of family group conference

251 Persons entitled to attend family group conference

252 Child or young person in custody to be permitted to attend family group conference

253 Notification of convening of family group conference

254 Youth justice co-ordinator to ascertain views of persons unable to attend family group conference

255 Youth justice co-ordinator must ensure that relevant information and advice made available to family group conference

256 Procedure at family group conference

257 Department to provide administrative services to family group conferences

258 Functions of family group conference

259 Family group conference to ascertain whether child or young person admits offence

259A Family group conference must consider attendance at parenting education, mentoring, and alcohol or drug rehabilitation programmes

260 Family group conference may make decisions and recommendations and formulate plans

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

264 Procedure where no agreement possible

265 Records of decisions, recommendations, and plans of family group conference to be made available to interested persons

266 Department to maintain records of proceedings of family group conferences

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

269A Chief executive to ascertain whether victims wish to be informed of progress in implementing decisions, recommendations, and plans

270 Family group conference may reconvene to review its decisions, recommendations, and plans

271 Proceedings of family group conference privileged and not to be published

Jurisdiction of Youth Courts

272 Jurisdiction of Youth Courts and children's liability to be prosecuted for criminal offences

272A Modifications and procedure for child aged 12 or 13 years charged with offence in section 272(1)(b) or (c)

273 Manner of dealing with offences (other than murder or manslaughter)

274 Young person may elect trial by jury in certain cases

275 Manner of dealing with offence of murder or manslaughter, or where jury trial to be held

276 Child or young person may forgo right to jury trial and elect to have proceedings determined by Youth Court

277 Provisions applicable where child, young person, or adult jointly charged

277A Place and level of trial court for jury trial

278 Parent or guardian may be summoned to appear when young person charged with offence

279 Court to consider recommendations of family group conference

280 Court may refer case to care and protection co-ordinator to determine whether matter should be dealt with under Part 2

280A Court may refer case to person who commenced proceeding to be dealt with as child offending care or protection proceeding under Part 2

Disposal of proceedings in Youth Court

281 Court not to make orders unless family group conference held

281A Court to consider whether family group conference should be held

281B Court may direct holding of family group conference at any time

282 Power of court to discharge charge

283 Hierarchy of court's responses if charge against young person proved

284 Factors to be taken into account on sentencing

285 Restrictions on power of court to make certain orders under section 283

286 Person or organisation not to be required to supervise young person without consent

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

287 Reparation limited to direct loss

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

289 Court must impose least restrictive outcome adequate in circumstances

290 Judge must record in writing reasons for supervision with residence or transfer order

290A Restriction on who may provide residential component of specified programme or activity

291 Transfer of other charges to District Court or High 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

293A Disqualification from driving

294 Demerit points

295 Recall to come before court

Expiry of orders

296 Expiry of orders

Failure to comply with, and variation and cancellation of, specified orders

296A Orders to which sections 296B and 296E apply

296B Failure to comply

296C Warrant to have young person arrested and brought before court

296D Execution of warrant under section 296C

296E Variation and cancellation

296F Interim suspension order

Intensive supervision orders

296G Intensive supervision order in response to young person's non-compliance with judicially monitored condition of supervision or supervision with activity order

296H Duty of chief executive to provide for supervision under intensive supervision order

296I Conditions of intensive supervision order

296J Additional conditions imposing curfew with or without electronic monitoring of compliance

296K Electronic monitoring

296L Powers to detain and return, and arrest, young person breaching curfew condition

296M Review of intensive supervision order

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

Parenting education programme orders

297A Written statements of terms, and how court may respond to failures to comply

Alcohol or drug rehabilitation programme orders

297B Nature of programmes, who may consent to medical treatment, and related custody orders

Community work order

298 Community work order

299 Failure to comply with community work order [Repealed]

300 Variation or cancellation of community work order [Repealed]

301 Procedural provisions relating to application under section 300 [Repealed]

302 Application of Accident Compensation Act 2001 to young persons performing work under community work order

303 Effect of subsequent sentence

Provisions relating to supervision orders and supervision with activity orders

304 Duty of chief executive to provide for supervision

305 Conditions of supervision order

306 Power of court to impose additional conditions

307 Supervision with activity order

308 Conditions of supervision with activity order

308A Judicial monitoring of compliance with conditions of supervision or supervision with activity order

308B Effect of judicial monitoring direction

308C Progress reports

309 Failure to observe conditions of supervision order or supervision with activity order [Repealed]

310 Suspension, cancellation, and variation of supervision order or supervision with activity order [Repealed]

Supervision with residence orders

311 Supervision with residence order

312 Effect of supervision with residence order

313 Court may make orders for access and exercise of other rights by parents and other persons

314 Court must in certain cases release young person from custody before expiry of supervision with residence order

315 Supervision with residence order to cease to run if young person absconds

316 Court may cancel supervision with residence order if young person absconds

317 When supervision with residence order ceases to have effect

318 Search without warrant

319 Medical treatment of young person in custody of chief executive

Review of orders for periods of at least 8 months

319A Orders must be reviewed

Reports on effectiveness of orders

320 Report to be made to court on effectiveness of certain orders

Part 5
Provisions relating to procedure in Youth Court

General

321 Application of Acts relating to bail, criminal disclosure, criminal procedure, and District Courts

322 Time for instituting proceedings

Youth advocates

323 Appointment of youth advocate to represent child or young person

324 Further provisions relating to youth advocate

325 Payment of youth advocate

Lay advocates

326 Appointment of lay advocate

327 Functions of lay advocate

328 Further provisions relating to lay advocate

328A Payment of lay advocate

Attendance at hearings and right to make representations

329 Persons entitled to be present at hearing

330 Right to make representations in Youth Court

Arrangements for hearings in Youth Courts

331 Matters before court to be dealt with separately

332 Arrangements for hearing of proceedings in Youth Court

Reports

333 Medical, psychiatric, and psychological reports

334 Report by social worker

335 Report to be accompanied by plan

336 Court may obtain cultural or community report

337 Reports may be made orally

338 Privilege for reports

339 Access to reports and plans under this Part

Written statement of terms of orders

340 Written statement of terms of certain orders to be given to young person

Part 6
Appeals

Appeals from decisions of Family Courts

341 Rights of appeal against decisions of Family Courts

342 Procedure for bringing appeal [Repealed]

343 Notice of appeal to be given to local principal manager

344 Notice of appeal not to affect orders unless court otherwise directs

345 Interim custody order pending appeal

346 Procedure on appeal

347 Appeal to Court of Appeal

348 Determination of appeals

349 Court may refer appeals back for reconsideration [Repealed]

350 Decision of High Court and Family Court to be sent to chief executive

Appeals from decisions of Youth Court

351 Appeals from decisions of Youth Court by young person

352 Appeal by parents or guardians or other persons having care of young person

353 Appeal by persons other than young person dealt with in Youth Court

354 Appeal on a point of law only

355 Application of Part 6 of Criminal Procedure Act 2011

356 Effect of notice of appeal on certain orders

357 Application of section 329 to hearing of appeal

358 Presence of young person at hearing of appeal

359 Presence of parents at hearing of appeal from decisions of Youth Court

360 Notification of appeal and result of appeal to local principal manager

Part 7
Children and young persons in care of chief executive or other persons or bodies

361 Application of sections 362, 364, 365, 387, 390 to 392, 394, and 395

Placement of children and young persons

362 Children and young persons may be placed in care of approved persons

363 Payment to person or organisation providing care

Residences

364 Authority to establish residences

364A Residence management committees [Repealed]

364B Functions of residence management committees [Repealed]

365 Chief executive may place children and young persons in residences

366 Closing of residences and transfer of residents

Secure care

367 Secure care

368 Grounds for placement in secure care

369 Notice to be given where child or young person placed in secure care

370 Time limits on detention in secure care

371 Application for approval for continued detention in secure care

372 Registrar may authorise continued detention in secure care until application is determined

373 Persons entitled to be present at hearing of application under section 371

374 Right to make representations

375 Hearing to be held in residence wherever practicable

376 Court may authorise continued detention in secure care

377 Renewal of approval for continued detention in secure care

378 Notification of decision of court

379 Review of decision to grant or renew approval

380 Application for review of detention in secure care

381 Notice of application for review of detention in secure care

382 Disposal of application for review of detention in secure care

383 Review of refusal of application

383A Lapse of authority for detention in secure care

Discipline

384 Discipline of children and young persons in residences

Searches

384A Interpretation

384B Inspection of mail

384C Child or young person may be searched to detect unauthorised items

384D Use of dogs for searching

384E Child or young person may be strip searched

384F Explanation of purpose and consequences of inspections and searches

384G Restrictions on searches

384H Use of force in carrying out search

384I Recording of inspections and searches

384J Child or young person may make complaint

384K Power to seize articles, etc, found on inspection or search

Absconding by children and young persons

385 Children and young persons who abscond

386 Search warrants

Financial matters

387 Chief executive empowered to make payments for benefit of children and young persons

388 Financial and other assistance in respect of children and young persons subject to orders made under this Act

389 Financial and other assistance in other cases

390 Power to control finances of young persons under guardianship or in custody

391 Imposition of charge to meet expenses of providing care for children and young persons

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

Maintenance

393 Recovery of cost of maintenance of children and young persons in care [Repealed]

Limitation on tortious liability

394 Limitation on tortious liability of chief executive and other persons having care of child or young person

Reporting of deaths

395 Police to be notified of deaths

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

397 Restrictions on granting of approval

398 Chief executive not to decline application without giving applicant opportunity to make submissions

399 Revocation of approval

400 Assessment of iwi social services, etc

401 Powers of persons carrying out assessment of iwi social service, etc

402 Convener of iwi social service or cultural social service to have power of decision for purposes of this Act

Community services

403 Approval of community services

404 Chief executive not to decline application without giving applicant opportunity to make submissions

405 Revocation of approval

406 Financial assistance to community services

407 Chief executive may contract with community services for provision of services

408 Assessment of community services

409 Powers of person carrying out assessment of community service

Part 9
Commissioner for Children

[Repealed]

Appointment and functions

410 Commissioner for Children [Repealed]

411 Functions of Commissioner [Repealed]

Proceedings of Commissioner

412 Powers of Commissioner [Repealed]

413 Commissioner may regulate own procedure [Repealed]

414 Commissioner not to make adverse comment unless opportunity to be heard given [Repealed]

415 Annual report [Repealed]

Conditions of employment

416 Appointment of Commissioner [Repealed]

417 Term of office and conditions of employment of Commissioner [Repealed]

418 Removal from office [Repealed]

419 Superannuation or retiring allowances [Repealed]

Miscellaneous provisions

420 Proceedings privileged [Repealed]

421 Commissioner deemed to be official [Repealed]

422 Money to be appropriated by Parliament for purposes of this Part [Repealed]

Part 10
Miscellaneous provisions

Care and protection co-ordinators and youth justice co-ordinators

423 Appointment of care and protection co-ordinators

424 Duties of care and protection co-ordinator

425 Appointment of youth justice co-ordinators

426 Duties of youth justice co-ordinator

427 Delegation of functions of care and protection co-ordinator or youth justice co-ordinator to social worker

Care and protection resource panels

428 Care and protection resource panels

429 Functions of care and protection resource panels

430 Care and protection resource panels may regulate own procedure

431 Annual report

432 Fees and allowances

Youth Courts

433 Establishment of Youth Courts

434 Principal Youth Court Judge

435 Designation of Youth Court Judges

435A Stationing of Judges and sittings of courts

436 District Court Judge may exercise jurisdiction in absence of Youth Court Judge

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

437A Publication of reports of proceedings under Part 2, Part 3A, or section 371

438 Publication of reports of proceedings under Part 4

439 Proceedings not invalid because of mistake as to age

440 Proceedings not to be questioned for want of form

441 Court may determine age of child or young person in absence of evidence

442 No court fees payable

443 Issue and execution of warrants

444 Liability of persons providing reports

445 Witnesses expenses

Search warrants

445A Person executing warrant to produce evidence of authority and identity

445B Authority to use facsimile copy of warrant

445C Issue and execution of warrants

445D Certain provisions of Search and Surveillance Act 2012 apply to some warrants

Offences

446 Offences

446A Children and young persons to whom section 446B applies

446B Offences available if child or young person is subject of certain protection orders or proceedings under Part 3A

Regulations

447 Regulations

448 Rules of procedure

448A Transitional provisions relating to rules

Part 11
Amendments to other enactments, repeals, savings, and transitional provisions

Amendments to other enactments

449 Consequential amendments

450 Adoption Act 1955 amended

451 Department of Social Welfare Act 1971 consequentially amended [Repealed]

452 Local Government Act 1974 consequentially amended [Repealed]

453 Summary Offences Act 1981 amended

454 Criminal Justice Act 1985 amended

455 Child Care Regulations 1985 consequentially amended

Repeals and savings

456 Repeals and savings

2010 Amendment Act

456A Purpose and application

Transitional provisions

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]

461 Review of orders deemed to be guardianship orders under this Act [Repealed]

462 Applications for review of guardianship orders [Repealed]

463 Supervision orders [Repealed]

464 Applications for review of supervision orders [Repealed]

465 Complaints for failure to observe conditions of supervision order [Repealed]

466 Agreements for control of child or young person by the Director-General [Repealed]

467 Homes registered or deemed to be registered under Part 9 of Children and Young Persons Act 1974 [Repealed]

467A Building Act 2004

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]

Schedule 1AA
Transitional and savings provisions relating to amendments to this Act

Schedule 1
Provisions applied to Youth Courts and to proceedings in such courts

Schedule 2
Enactments amended

Schedule 3
Enactments repealed

Children, Young Persons, and Their Families Amendment Act (No 2) 2011

Reprint notes


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).