Children, Young Persons, and Their Families Act 1989 No 24 (as at 29 June 2009), Public Act

Reprint as at 29 June 2009

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 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.


Contents

Title

General objects

General principles

General duties

Principles

Definition of child or young person in need of care or protection

Reporting of child abuse

Family group conferences

Powers to remove child or young person

Medical examination of child or young person

Production of documents relevant to investigation

Proceedings in respect of children and young persons in need of care or protection

Counselling

Custody of child or young person pending determination of proceedings

Orders under this Part

Services orders

Restraining orders

Support orders

Custody orders

Guardianship orders

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

Courts having jurisdiction under Parts 2 and 3A

Service of applications

Attendance of parties at hearing

Joint hearings

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

Attendance at hearings and right to make representations

Mediation conferences

Reports

Miscellaneous provisions

Purpose of Part

Interpretation

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

Miscellaneous provisions

Principles

Warnings and formal Police cautions

Arrest of child or young person without warrant

Rights of children and young persons when questioned, charged with offence, or arrested

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

Entitlement to consult barrister or solicitor

Notification of parents and other persons where child or young person being questioned or is arrested

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

Jurisdiction of Youth Courts

Disposal of proceedings in Youth Court

Expiry of orders

Powers of court where young person already subject to order made under this Part

Community work order

Provisions relating to supervision orders and supervision with activity orders

Supervision with residence orders

Reports on effectiveness of orders

General

Youth advocates

Lay advocates

Attendance at hearings and right to make representations

Arrangements for hearings in Youth Courts

Reports

Written statement of terms of orders

Appeals from decisions of Family Courts

Appeals from decisions of Youth Court

Placement of children and young persons

Residences

Secure care

Discipline

Searches

Absconding by children and young persons

Financial matters

Maintenance

Limitation on tortious liability

Reporting of deaths

Iwi social services, cultural social services, and child and family support services

Community services

Appointment and functions

Proceedings of Commissioner

415 Annual report [Repealed]

Conditions of employment

Miscellaneous provisions

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

Care and protection resource panels

Youth Courts

Miscellaneous provisions relating to proceedings under this Act

Search warrants

Offences

Regulations

Amendments to other enactments

Repeals and savings

Transitional provisions

457 Complaints [Repealed]

458 Informations [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).