Children, Young Persons, and Their Families Act 1989

Reprint as at 18 October 2016

Coat of Arms of New Zealand

Children, Young Persons, and Their Families Act 1989

Public Act
 
1989 No 24
Date of assent
 
27 May 1989
Commencement
 
see section 1(2)
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official 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
1Short Title and commencement
2Interpretation
2ATransitional and savings provisions relating to amendments to this Act
2BMeaning of victim
3Act to bind the Crown
4Objects
5Principles to be applied in exercise of powers conferred by this Act
6Welfare and interests of child or young person paramount
7Duties of chief executive
8Parents and others to be informed of decisions
9Interpreters
10Duty of court and counsel to explain proceedings
11Duty of court and counsel to encourage and assist child or young person to participate in proceedings
12Duty of medical practitioner to minimise distress to child or young person
13Principles
14Definition of child or young person in need of care or protection
14AConduct outside New Zealand
15Reporting of ill-treatment or neglect of child or young person
16Protection of person reporting ill-treatment or neglect of child or young person
17Investigation of report of ill-treatment or neglect of child or young person
18Referral of care or protection cases to care and protection co-ordinator or youth justice co-ordinator by social workers or constables
18AAssessment of parent of subsequent child
18BPerson described in this section
18CConfirmation of decision not to apply for declaration under section 67
18DCourt declining to confirm decision
19Referral of care or protection cases to care and protection co-ordinator by other persons or by court
20Convening of family group conferences
21Care and protection co-ordinator to consult family, whanau, or family group on convening of family group conference
22Persons entitled to attend family group conference
23Care and protection co-ordinator to ensure that relevant information and advice made available to family group conference
24Care and protection co-ordinator to ascertain views of persons unable to attend family group conference
25Notification of convening of family group conference
26Procedure at family group conference
27Department to provide administrative services to family group conference
28Functions of family group conference
29Family group conference may make decisions and recommendations and formulate plans
29AContent of plan
30Care and protection co-ordinator to seek agreement to decisions, recommendations, and plans of family group conference
31Procedure where no agreement possible
32Records of decisions, recommendations, and plans of family group conferences to be made available to interested persons
33Department to maintain records of proceedings of family group conferences
34Chief executive to give effect to decisions, recommendations, and plans of family group conference
35Police to comply with decisions, recommendations, and plans of family group conference
36Family group conference to reconvene to review its decisions, recommendations, and plans
37Proceedings of family group conference privileged
38Proceedings of family group conference not to be published
39Place of safety warrants
40Warrant to remove child or young person
41Person executing warrant to produce evidence of authority and identity [Repealed]
42Search without warrant
43Placement of child or young person placed in custody of chief executive
44Parent or guardian may apply for release of or access to child or young person
45Child or young person placed in custody of chief executive to be brought before court within 5 days unless sooner released
46Powers of court where application made under section 44 or child or young person brought before court under section 45
47Social worker or constable to furnish report to Commissioner where child or young person released before required to be brought before court
48Unaccompanied children and young persons
49Court may order medical examination of child or young person
50Ex parte application for order for medical examination
51Court may impose conditions on order for medical examination
52Medical practitioner to prepare report on examination
53Medical examination of child or young person at request of social worker
54Child or young person entitled to have adult present
55Restrictions on internal examinations and examinations under general anaesthetic
56Medical practitioner to prepare report on examination
57Social worker to make report to chief executive
58Fees for reports prepared under section 52 or section 56
59Application for production of documents relevant to investigation of whether child or young person in need of care or protection
60Ex parte application for order for production of document
61Court may order document to be produced
62Section 61 to apply notwithstanding any enactment or rule of law
63Right to remove, retain, and make copies of document produced under section 61
64Document produced under section 61 not to be used for any other purpose
65Use of documents in subsequent proceedings
66Government departments may be required to supply information
67Grounds for declaration that child or young person is in need of care or protection
68Application for declaration that child or young person is in need of care or protection
69Joint applications
70No application to be made unless family group conference has been held
71Court may make declaration in absence of proof of responsibility for neglect or ill-treatment of child or young person
72Court not to make declaration unless family group conference held
73Court not to make declaration unless satisfied that child’s or young person’s need for care or protection cannot be met by other means
74Court may require parties to undergo counselling
75Counsellor to arrange meeting and submit report on outcome
76Fees
77Privilege
78Custody of child or young person pending determination of proceedings
79Persons who may be granted custody under section 78
80Effect of order made under section 78
81Placement of child or young person under order made under section 78
82Child or young person may be returned to person who previously had care
83Orders of court on making of declaration
84Power to make other orders where declaration made on ground of child’s offending
85Recall to come before court
86Services orders
86AInterim services orders
86BNo services orders in respect of permanent caregivers
87Restraining orders
88Interim restraining orders
89Offence to contravene restraining order or interim restraining order
90When restraining order shall cease to have effect
91Support orders
92Interim support orders
92ARestriction on support orders where there is permanent caregiver
93Duty to provide support
94Duty of chief executive to appoint social worker to provide support
95Conditions of support order or interim support order
96Power of court to impose additional conditions
97Court may impose conditions in respect of parent, guardian, etc, of child or young person
98Court not to impose condition requiring medical treatment without person’s consent
99Person or organisation providing support to child or young person to report to court
100Failure to observe conditions of support order
101Custody orders
102Interim custody orders
103Court may impose conditions to facilitate return of child or young person
104Effect of custody order
105Living arrangements for child or young person placed in custody of chief executive
106Living arrangements where child or young person placed in custody of iwi social service, etc
107Person in whose custody child or young person is placed may determine access rights in absence of court order
108When custody order shall cease to have effect
109Custody to revert on expiry of order
110Guardianship orders
110AApplication for change of guardianship order
111Person not to be appointed as guardian without consent
112Chief executive may be appointed as guardian for specific purpose
113Court may impose conditions to facilitate return of child or young person
113ASpecial guardianship orders
113BEffect of special guardianship order
114Effect of guardianship order
115Disputes between guardians
116Review of guardian’s decision or refusal to give consent
117When guardianship orders to cease to have effect
118Reversion of guardianship on expiry or discharge of guardianship order
119Guardianship of child or young person on death of person appointed as guardian under this Act
120Restriction on making of guardianship and parenting orders under Care of Children Act 2004
121Court may make orders for access and exercise of other rights by parents and other persons
122Enforcement of access rights
123Power of entry
124Person executing warrant to produce evidence of authority and identity [Repealed]
125Application for variation or discharge of orders made under this Part
126Persons who may apply for variation or discharge of order
126ACourt may direct holding of family group conference to consider application
127Court may vary or discharge order
128Court to obtain and consider plan for child or young person before making certain orders
129Court to direct who is to prepare plan
130Content of plans
131Adjournment for purposes of obtaining plan
132Access to plans
133Court may order plan not to be disclosed
134Court to set date for review of plan
135Review of plan
136Access to reports and revised plans
137Court to consider report and make directions
138Court to set date for further review of plan
139Agreements for temporary care of children and young persons by chief executive, iwi social services, etc
140Agreements for extended care of children and young persons by chief executive, iwi social service, etc
141Agreements for extended care of severely disabled children and young persons
142Agreements with persons providing residential disability care
143All parents or guardians not required to be party to agreement
144Agreement not to be made without consent of child or young person
145Agreement not to be made without approval of family group conference
146Form and terms of agreements
147Further restrictions on making of agreements
148Effect of agreements
149Agreement may provide for consent to medical treatment
150Jurisdiction of Family Courts
151Jurisdiction of District Courts in cases of urgency
152Service of application for declaration
153Notice of application for declaration to be given to child or young person
154Service of application for variation or discharge of order
155Court may dispense with service
156Court may require party to attend hearing
157Court may require child or young person to attend hearing
158Applications may be heard together
159Appointment of lawyer to represent child or young person in proceedings
160Appointment of lawyer to assist court
161Further provisions relating to appointment under section 159 or 160
162Payment of lawyer appointed under section 159 or 160
163Appointment of lay advocate
164Further provisions relating to lay advocate
165Payment of lay advocate
166Persons entitled to be present at hearing of proceedings in Family Court
167Child or young person may give evidence in private
168Other powers of court to hear proceedings in private or exclude persons not affected
169Right to make representations
170Calling of mediation conference
171Objectives of mediation conference
172Procedure at mediation conference
173Presiding Judge to make record of proceedings at mediation conference
174Power of presiding Judge to make consent orders
175Power to require attendance at mediation conference
176Privilege
177Presiding Judge may hear subsequent proceedings
178Medical, psychiatric, and psychological reports
179Further provisions relating to medical, psychiatric, and psychological examinations
180Fees for reports prepared under section 178
181Court may order examination to be carried out in psychiatric hospital
182Release of child or young person from psychiatric hospital where detention no longer required
183Review of order made under section 178 or section 181
184Court may indicate matters to be dealt with in report
185Sections to have effect in place of sections 38 to 44 of Criminal Procedure (Mentally Impaired Persons) Act 2003
186Report by social worker
187Cultural and community reports
188Privilege for reports
189Adjournment for purposes of obtaining report
190Reports may be made orally
191Access to reports
192Court may order report not to be disclosed
193Right to tender evidence on report
194Court may call person making report as witness
195Evidence [Repealed]
196Special provisions applying to disclosure of communications to medical practitioner or clinical psychologist
197Standard of proof
198Special provisions applying to applications for declaration on ground of child’s offending
199Power of court to call witnesses
200Court to ensure that application for declaration that child or young person in need of care or protection dealt with promptly
201Adjournments
202Orders by consent
203Costs
204Rehearings
205Preventing removal of child or young person from New Zealand
206Offence to take child or young person out of New Zealand where proceedings pending
206ALeave required in certain cases to commence substantially similar proceedings
206BPower to dismiss proceedings
207Vexatious proceedings
207APurpose of Part
207BInterpretation
207CMeaning of protection order
207DChief executive may transfer protection order
207EChief executive to have regard to certain matters
207FConsent required
207GConsultation required
207HConditions and duration of order to be transferred
207INotice of decision to transfer
207JReview of decision to transfer
207KCourt may order transfer of protection order
207LService of application
207MCourt to have regard to certain matters
207NTerms, conditions, and duration of order to be transferred
207OAppeal against order for transfer
207PReview of order for transfer
207QCourt may order transfer of protection proceedings
207RService of application
207SCourt to have regard to certain matters
207TInterim order
207UAppeal against order for transfer
207VReview of order for transfer
207WTransferred proceedings discontinued
207XRegistration of orders and proceedings to be transferred to New Zealand
207YNotice of registration
207ZEffect of registration
207ZACourt to obtain plan for child or young person
207ZBHearing and determination of transferred proceedings
207ZCAboriginal or Torres Strait Islander children or young persons
207ZDApplication to have registration revoked
207ZEService of application
207ZFRevocation of registration
207ZGNotice of revocation
207ZHEffect of revocation on plan and documents
207ZIExpiry and revival of order transferred from New Zealand
207ZJExpiry and revival of ancillary orders
207ZKTransfer of court file
207ZLDisclosure of information to interstate officer
207ZMInformation disclosed to chief executive by interstate officer
207ZNDepartment not to disclose information identifying notifier
207ZOWritten consent of interstate officer
208Principles
209Consideration of warning as alternative to prosecution
210Administration of warning
211Formal Police caution
212Notice of warning or caution
213Evidence of warnings and formal Police cautions and of offences to which they relate not admissible in criminal proceedings
214Arrest of child or young person without warrant
214AArrest of child or young person in breach of bail condition
215Child or young person to be informed of rights before questioned by enforcement officer
215ARights to be explained to child or young person on request
216Enforcement officer to explain rights to child or young person who is to be charged with offence
217Rights to be explained to child or young person who is arrested
218Explanations to be given in manner and language appropriate to age and level of understanding of child or young person
219Explanations not required if child or young person already informed of rights
220Other enactments requiring information or particulars not affected
221Admissibility of statements made by children and young persons
222Persons who may be nominated for the purposes of section 221(2)(b) or (c)
223Section 221 not to apply where statement made before requirements of that section can be met
224Reasonable compliance sufficient
225Other enactments relating to admissibility of statements or confessions, or requiring information or particulars to be given, not affected
226Evidence of communications during consultation not admissible
227Child 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
228Entitlement of child or young person to consult with barrister or solicitor where taken to hospital following arrest or questioned at hospital
229Parents 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
230Evidence of communications during visit not admissible
231Persons who may be nominated for the purposes of section 229(1)(a)
232Notice 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
233Breath-alcohol and blood-alcohol provisions of Land Transport Act 1998 not affected
234Custody of child or young person following arrest
235Child or young person who is arrested may be placed in custody of chief executive
236Young person who is arrested may be detained in Police custody
237Child or young person who is arrested to be brought before court as soon as possible
238Custody of child or young person pending hearing
239Restrictions on power of court to order child or young person to be detained in custody
239AExpiry of sections 238(1A) to (1C), and 239(3)
240Conditions of bail
241Review of orders made under section 238
242Order under section 238 sufficient authority for detention of child or young person
243Other powers to grant bail not affected
244Immigration Act 2009 (other than sections 342 to 354) not affected
245Proceedings not to be instituted against young person unless youth justice co-ordinator consulted and family group conference held
246Procedure where young person arrested and brought before court
247Youth justice co-ordinator to convene family group conference
248Family group conference not required in certain cases
249Time limits for convening of family group conferences
250Consultation on convening of family group conference
251Persons entitled to attend family group conference
252Child or young person in custody to be permitted to attend family group conference
253Notification of convening of family group conference
254Youth justice co-ordinator to ascertain views of persons unable to attend family group conference
255Youth justice co-ordinator must ensure that relevant information and advice made available to family group conference
256Procedure at family group conference
257Department to provide administrative services to family group conferences
258Functions of family group conference
259Family group conference to ascertain whether child or young person admits offence
259AFamily group conference must consider attendance at parenting education, mentoring, and alcohol or drug rehabilitation programmes
260Family group conference may make decisions and recommendations and formulate plans
261Family group conference may make decisions, recommendations, and plans relating to care or protection of child or young person
262Youth justice co-ordinator to make record of decisions, recommendations, and plans of family group conference
263Youth justice co-ordinator to seek agreement to decisions, recommendations, and plans of family group conference
264Procedure where no agreement possible
265Records of decisions, recommendations, and plans of family group conference to be made available to interested persons
266Department to maintain records of proceedings of family group conferences
267Enforcement agencies to comply with decisions, recommendations, and plans of family group conference
268Chief executive to give effect to decisions, recommendations, and plans of family group conference
269Chief executive may provide financial assistance to enable decisions, etc, of family group conference to be carried out
269AChief executive to ascertain whether victims wish to be informed of progress in implementing decisions, recommendations, and plans
270Family group conference may reconvene to review its decisions, recommendations, and plans
271Proceedings of family group conference privileged and not to be published
272Jurisdiction of Youth Courts and children’s liability to be prosecuted for criminal offences
272AModifications and procedure for child aged 12 or 13 years charged with offence in section 272(1)(b) or (c)
273Manner of dealing with offences (other than murder or manslaughter)
274Young person may elect trial by jury in certain cases
275Manner of dealing with offence of murder or manslaughter, or where jury trial to be held
276Child or young person may forgo right to jury trial and elect to have proceedings determined by Youth Court
277Provisions applicable where child, young person, or adult jointly charged
277APlace and level of trial court for jury trial
278Parent or guardian may be summoned to appear when young person charged with offence
279Court to consider recommendations of family group conference
280Court may refer case to care and protection co-ordinator to determine whether matter should be dealt with under Part 2
280ACourt may refer case to person who commenced proceeding to be dealt with as child offending care or protection proceeding under Part 2
281Court not to make orders unless family group conference held
281ACourt to consider whether family group conference should be held
281BCourt may direct holding of family group conference at any time
282Power of court to discharge charge
283Hierarchy of court’s responses if charge against young person proved
284Factors to be taken into account on sentencing
285Restrictions on power of court to make certain orders under section 283
286Person or organisation not to be required to supervise young person without consent
286AParenting 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
287Reparation limited to direct loss
288Order 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
289Court must impose least restrictive outcome adequate in circumstances
290Judge must record in writing reasons for supervision with residence or transfer order
290ARestriction on who may provide residential component of specified programme or activity
291Transfer of other charges to District Court or High Court for sentence
292Whole or part of fine may be awarded to victim of offence suffering physical or emotional harm [Repealed]
293Effect of order imposing fine or requiring payment of compensation or restitution or forfeiture of property
293ADisqualification from driving
294Demerit points
295Recall to come before court
296Expiry of orders
296AOrders to which sections 296B and 296E apply
296BFailure to comply
296CWarrant to have young person arrested and brought before court
296DExecution of warrant under section 296C
296EVariation and cancellation
296FInterim suspension order
296GIntensive supervision order in response to young person’s non-compliance with judicially monitored condition of supervision or supervision with activity order
296HDuty of chief executive to provide for supervision under intensive supervision order
296IConditions of intensive supervision order
296JAdditional conditions imposing curfew with or without electronic monitoring of compliance
296KElectronic monitoring
296LPowers to detain and return, and arrest, young person breaching curfew condition
296MReview of intensive supervision order
297Powers of court in dealing with young person subject to order made under this Part
297AWritten statements of terms, and how court may respond to failures to comply
297BNature of programmes, who may consent to medical treatment, and related custody orders
298Community work order
299Failure to comply with community work order [Repealed]
300Variation or cancellation of community work order [Repealed]
301Procedural provisions relating to application under section 300 [Repealed]
302Application of Accident Compensation Act 2001 to young persons performing work under community work order
303Effect of subsequent sentence
304Duty of chief executive to provide for supervision
305Conditions of supervision order
306Power of court to impose additional conditions
307Supervision with activity order
308Conditions of supervision with activity order
308AJudicial monitoring of compliance with conditions of supervision or supervision with activity order
308BEffect of judicial monitoring direction
308CProgress reports
309Failure to observe conditions of supervision order or supervision with activity order [Repealed]
310Suspension, cancellation, and variation of supervision order or supervision with activity order [Repealed]
311Supervision with residence order
312Effect of supervision with residence order
313Court may make orders for access and exercise of other rights by parents and other persons
314Court must in certain cases release young person from custody before expiry of supervision with residence order
315Supervision with residence order to cease to run if young person absconds
316Court may cancel supervision with residence order if young person absconds
317When supervision with residence order ceases to have effect
318Search without warrant
319Medical treatment of young person in custody of chief executive
319AOrders must be reviewed
320Report to be made to court on effectiveness of certain orders
321Application of Acts relating to bail, criminal disclosure, criminal procedure, victims’ rights, and District Courts
322Time for instituting proceedings
323Appointment of youth advocate to represent child or young person
324Further provisions relating to youth advocate
325Payment of youth advocate
326Appointment of lay advocate
327Functions of lay advocate
328Further provisions relating to lay advocate
328APayment of lay advocate
329Persons entitled to be present at hearing
330Right to make representations in Youth Court
331Matters before court to be dealt with separately
332Arrangements for hearing of proceedings in Youth Court
333Medical, psychiatric, and psychological reports
334Report by social worker
335Report to be accompanied by plan
336Court may obtain cultural or community report
337Reports may be made orally
338Privilege for reports
339Access to reports and plans under this Part
340Written statement of terms of certain orders to be given to young person
341Rights of appeal against decisions of Family Courts
342Procedure for bringing appeal [Repealed]
343Notice of appeal to be given to local principal manager
344Notice of appeal not to affect orders unless court otherwise directs
345Interim custody order pending appeal
346Procedure on appeal
347Appeal to Court of Appeal
348Determination of appeals
349Court may refer appeals back for reconsideration [Repealed]
350Decision of High Court and Family Court to be sent to chief executive
351Appeals from decisions of Youth Court by young person
352Appeal by parents or guardians or other persons having care of young person
353Appeal by persons other than young person dealt with in Youth Court
354Appeal on a point of law only
355Application of Part 6 of Criminal Procedure Act 2011
356Effect of notice of appeal on certain orders
357Application of section 329 to hearing of appeal
358Presence of young person at hearing of appeal
359Presence of parents at hearing of appeal from decisions of Youth Court
360Notification of appeal and result of appeal to local principal manager
361Application of sections 362, 364, 365, 387, 390 to 392, 394, and 395
362Children and young persons may be placed in care of approved persons
363Payment to person or organisation providing care
364Authority to establish residences
364AResidence management committees [Repealed]
364BFunctions of residence management committees [Repealed]
365Chief executive may place children and young persons in residences
366Closing of residences and transfer of residents
367Secure care
368Grounds for placement in secure care
369Notice to be given where child or young person placed in secure care
370Time limits on detention in secure care
371Application for approval for continued detention in secure care
372Registrar may authorise continued detention in secure care until application is determined
373Persons entitled to be present at hearing of application under section 371
374Right to make representations
375Hearing to be held in residence wherever practicable
376Court may authorise continued detention in secure care
377Renewal of approval for continued detention in secure care
378Notification of decision of court
379Review of decision to grant or renew approval
380Application for review of detention in secure care
381Notice of application for review of detention in secure care
382Disposal of application for review of detention in secure care
383Review of refusal of application
383ALapse of authority for detention in secure care
384Discipline of children and young persons in residences
384AInterpretation
384BInspection of mail
384CChild or young person may be searched to detect unauthorised items
384DUse of dogs for searching
384EChild or young person may be strip searched
384FExplanation of purpose and consequences of inspections and searches
384GRestrictions on searches
384HUse of force in carrying out search
384IRecording of inspections and searches
384JChild or young person may make complaint
384KPower to seize articles, etc, found on inspection or search
385Children and young persons who abscond
386Search warrants
386AAdvice and assistance for people moving from care to independence
387Chief executive empowered to make payments for benefit of children and young persons
388Financial and other assistance in respect of children and young persons subject to orders made under this Act
388AFinancial and other assistance to permanent caregivers
389Financial assistance in other cases
389AReview of decisions about financial or other assistance to permanent caregivers
389BAppeal against decisions about financial or other assistance to permanent caregivers
390Power to control finances of young persons under guardianship or in custody
391Imposition of charge to meet expenses of providing care for children and young persons
392Manager 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
[Repealed]
393Recovery of cost of maintenance of children and young persons in care [Repealed]
394Limitation on tortious liability of chief executive and other persons having care of child or young person
395Police to be notified of deaths
395AVictims to be notified of deaths
396Approval of iwi social services, cultural social services, and child and family support services
397Restrictions on granting of approval
398Chief executive not to decline application without giving applicant opportunity to make submissions
399Revocation of approval
400Assessment of iwi social services, etc
401Powers of persons carrying out assessment of iwi social service, etc
402Convener of iwi social service or cultural social service to have power of decision for purposes of this Act
403Approval of community services
404Chief executive not to decline application without giving applicant opportunity to make submissions
405Revocation of approval
406Financial assistance to community services
407Chief executive may contract with community services for provision of services
408Assessment of community services
409Powers of person carrying out assessment of community service
[Repealed]
410Commissioner for Children [Repealed]
411Functions of Commissioner [Repealed]
412Powers of Commissioner [Repealed]
413Commissioner may regulate own procedure [Repealed]
414Commissioner not to make adverse comment unless opportunity to be heard given [Repealed]
415Annual report [Repealed]
416Appointment of Commissioner [Repealed]
417Term of office and conditions of employment of Commissioner [Repealed]
418Removal from office [Repealed]
419Superannuation or retiring allowances [Repealed]
420Proceedings privileged [Repealed]
421Commissioner deemed to be official [Repealed]
422Money to be appropriated by Parliament for purposes of this Part [Repealed]
423Appointment of care and protection co-ordinators
424Duties of care and protection co-ordinator
425Appointment of youth justice co-ordinators
426Duties of youth justice co-ordinator
427Delegation of functions of care and protection co-ordinator or youth justice co-ordinator to social worker
428Care and protection resource panels
429Functions of care and protection resource panels
430Care and protection resource panels may regulate own procedure
431Annual report
432Fees and allowances
433Establishment of Youth Courts
434Principal Youth Court Judge
435Designation of Youth Court Judges
435AStationing of Judges and sittings of courts
436District Court Judge may exercise jurisdiction in absence of Youth Court Judge
437Notice of proceedings and orders to be given to parents or guardians or other persons having care of child or young person
437APublication of reports of proceedings under Part 2, Part 3A, or section 371
438Publication of reports of proceedings under Part 4
439Proceedings not invalid because of mistake as to age
440Proceedings not to be questioned for want of form
441Court may determine age of child or young person in absence of evidence
442No court fees payable
443Issue and execution of warrants
444Liability of persons providing reports
445Witnesses expenses
445APerson executing warrant to produce evidence of authority and identity
445BAuthority to use facsimile copy of warrant
445CIssue and execution of warrants
445DCertain provisions of Search and Surveillance Act 2012 apply to some warrants
446Offences
446AChildren and young persons to whom section 446B applies
446BOffences available if child or young person is subject of certain protection orders or proceedings under Part 3A
447Regulations
448Rules of procedure
448ATransitional provisions relating to rules
449Consequential amendments
450Adoption Act 1955 amended
451Department of Social Welfare Act 1971 consequentially amended [Repealed]
452Local Government Act 1974 consequentially amended [Repealed]
453Summary Offences Act 1981 amended
454Criminal Justice Act 1985 amended
455Child Care Regulations 1985 consequentially amended
456Repeals and savings
456APurpose and application
457Complaints [Repealed]
458Informations [Repealed]
459Guardianship orders [Repealed]
460Plans and reports to be furnished to court in respect of orders deemed to be guardianship orders under this Act [Repealed]
461Review of orders deemed to be guardianship orders under this Act [Repealed]
462Applications for review of guardianship orders [Repealed]
463Supervision orders [Repealed]
464Applications for review of supervision orders [Repealed]
465Complaints for failure to observe conditions of supervision order [Repealed]
466Agreements for control of child or young person by the Director-General [Repealed]
467Homes registered or deemed to be registered under Part 9 of Children and Young Persons Act 1974 [Repealed]
467ABuilding Act 2004
468Agreements for assumption of care of child or young person by manager of home or recognised system of foster care [Repealed]
469Administration of property by Public Trustee [Repealed]
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).