Oranga Tamariki Act 1989
Children’s and Young People’s Well-being Act 1989

2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

care and protection co-ordinator means a care and protection co-ordinator appointed by the chief executive pursuant to section 423

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

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

child means a person under the age of 14 years

child abuse means the harming (whether physically, emotionally, or sexually), ill-treatment, abuse, neglect, or deprivation of any child or young person

child and family support service means any organisation or body approved by the chief executive as a child and family support service pursuant to section 396(3)

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

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

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

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

cultural social service means any incorporated body approved by the chief executive as a cultural social service pursuant to section 396(2)

custody means the right to possession and care of a child or young person

department means the department that is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act

document means a document in any form; and includes—

(a)

any writing on any material:

(b)

any information recorded or stored by means of any tape-recorder, computer, or other device; and any material subsequently derived from information so recorded or stored:

(c)

any label, marking, or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means:

(d)

any book, map, plan, graph, or drawing:

(e)

any photograph, film, negative, tape, or other device in which 1 or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced

enforcement agency means—

(a)

the New Zealand Police:

(b)

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

(c)

a local authority

enforcement agency office means—

(a)

a Police station:

(b)

any premises occupied by—

(i)

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

(ii)

any local authority

enforcement officer means—

(a)

any constable:

(b)

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

(c)

any person acting in the course of their official duties (being duties that consist of or include the detection, investigation, or prosecution of offences) as an officer or employee of—

(i)

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

(ii)

a local authority

ex parte application means an application made without notice to the respondent to the application

family group, in relation to a child or young person, means a family group, including an extended family,—

(a)

in which there is at least 1 adult member—

(i)

with whom the child or young person has a biological or legal relationship; or

(ii)

to whom the child or young person has a significant psychological attachment; or

(b)

that is the child’s or young person’s whanau or other culturally recognised family group

family group conference,—

(a)

in relation to Part 2, means a meeting convened or reconvened by a care and protection co-ordinator in accordance with section 20:

(b)

in relation to Part 4, means a meeting convened or reconvened by a youth justice co-ordinator in accordance with section 247 or section 270 or section 281 or section 281B

family resource centre means any premises that provide temporary accommodation for a child or young person and any person who has the care of that child or young person, where that accommodation is provided as part of a programme designed to provide assistance to that person

guardianship has the meaning given to it by section 15 of the Care of Children Act 2004; and guardian has a corresponding meaning, and includes, without limitation, a person who is a guardian by virtue of this Act

iwi social service means any incorporated body approved by the chief executive as an iwi social service pursuant to section 396(1)

lay advocate does not include any person who is a barrister or solicitor

medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

Minister means, subject to any enactment, the Minister who is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act

near relative means a grandparent, aunt, uncle, brother, or sister; and includes a brother or sister of the half-blood as well as of the full-blood

parent, in relation to a child, includes a step-parent of the child, but only if the step-parent shares responsibility for the day-to-day care of the child with a parent of the child

permanent caregiver, in relation to a child or young person, means—

(a)

a special guardian; or

(b)

a person—

(i)

appointed as a guardian of the child or young person under section 27 of the Care of Children Act 2004, where that appointment was made in substitution for an order under section 78, 101, or 110 of this Act, or for an agreement under section 140 of this Act; and

(ii)

who has the day-to-day care of the child or young person pursuant to a parenting order made under section 48 of the Care of Children Act 2004 or because there is no other guardian who has the day-to-day care of the child or young person

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

psychologist means a health practitioner who is, or is deemed to be, registered with the Psychologists Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of psychology

residence

(a)

means any residential centre, family home, group home, foster home, family resource centre, or other premises or place, approved or recognised for the time being by the chief executive as a place of care or treatment for the purposes of this Act; and

(b)

includes any place of care or treatment, so approved, whether administered by the Crown or not; but

(c)

does not include—

(i)

a prison; or

(ii)

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

(iii)
[Repealed]

(iv)

a children’s health camp operated by Children’s Health Camps—The New Zealand Foundation for Child and Family Health and Development

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

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

special guardian means a guardian of a child or young person appointed under section 110 who is appointed as a special guardian under section 113A

subsequent child means a child, born or unborn, who has a parent who is a person described in section 18B

traffic offence means—

(a)

any offence against the Road User Charges Act 2012, the Land Transport Act 1998, or the Land Transport Management Act 2003 or against any regulation, rule, or bylaw made under any of those Acts:

(b)

any offence against any regulation, rule, or bylaw made under any other Act if the offence relates to the use of motor vehicles or parking places or transport stations

victim has the meaning given in section 2B

working day means a day of the week other than—

(a)

Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and Waitangi Day; and

(ab)

if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

(b)

a day in the period commencing with 25 December in a year and ending with 15 January in the following year; and

(c)

in relation to a requirement to file a document with any court or to supply a document before a sitting of any court,—

(i)

the day observed as the anniversary of the province in which the court is situated; and

(ii)

any other day that is observed by the court as a court holiday

young person,—

(a)

in Parts 2 to 3A, means a person of or over the age of 14 years but under the age of 18 years:

(b)

in Parts 4 and 5, means a person of or over the age of 14 years but under the age of 17 years:

(c)

in every other provision in this Act, means a person to whom the provision applies because he or she is or was a young person within the meaning of either paragraph (a) or (b):

(d)

in any provision in any other enactment that defines the term young person by reference to this section or the meaning in this Act,—

(i)

has the meaning given in paragraph (b) if the provision relates to—

(A)

a criminal investigation, the commission of an offence, or criminal proceedings; or

(B)

any process associated with a criminal investigation, the commission of an offence, or criminal proceedings; or

(C)

Parts 4 and 5 of this Act; or

(ii)

in any other case, has the meaning given in paragraph (a)

(e)
[Repealed]

youth advocate means a barrister or solicitor appointed pursuant to section 323 to represent a child or young person

youth justice co-ordinator means a youth justice co-ordinator appointed by the chief executive pursuant to section 425.

(1A)

In this Act, any reference to the chief executive includes a person who is a delegate of the chief executive or a subdelegate of that delegate irrespective of whether the provision in which the chief executive is referred to contains a reference to a delegate of the chief executive.

(2)

Where any proceedings are being considered or have been taken in respect of any offence allegedly committed by a person when that person was a child or young person, the age of that person at the date of the alleged offence shall be that person’s age for the purpose of—

(a)

whether there is jurisdiction to take any proceedings in respect of that alleged offence, and, subject to paragraph (d), which court has jurisdiction in respect of proceedings that may be taken; and

(b)

the proceedings taken,—

but nothing in this subsection shall—

(c)

require or authorise any family group conference in respect of the alleged offence before or at any stage of the proceedings if, at the time the conference would otherwise be required, that person has attained the age of 18 years; or

(d)

require any proceedings to be taken in the Youth Court if, at the time the charging document is filed, that person has attained the age of 18 years; or

(e)

derogate from the provisions of section 6 of the Sentencing Act 2002 (which shall apply in respect of proceedings under Part 4 as if the proving of a charge was a conviction).

(3)

Where any charging document is filed in the District Court pursuant to subsection (2)(d), section 322 shall apply, with all necessary modifications, to the proceedings.

(4)

Where any proceedings have been taken under Part 2 in respect of any alleged incident, the age of any child or young person at the date of the alleged incident shall be that person’s age for the purpose of the proceedings.

Compare: 1974 No 72 s 2; 1981 No 113 s 50(4); 1982 No 135 s 2; 1983 No 129 s 2

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

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

Section 2(1) child: replaced, on 14 July 2017, by section 7(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

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

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

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

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

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

Section 2(1) court: amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

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

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

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

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

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

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

Section 2(1) enforcement officer paragraph (a): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

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

Section 2(1) enforcement officer paragraph (c): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

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

Section 2(1) guardianship: amended, on 1 July 2014, by section 6(2) of the KiwiSaver (Vulnerable Children) Amendment Act 2014 (2014 No 42).

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

Section 2(1) indictable offence: repealed, on 1 July 2013, by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).

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

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

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

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

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

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

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

Section 2(1) permanent caregiver: inserted, on 30 June 2016, by section 4 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).

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

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

Section 2(1) purely indictable offence: repealed, on 1 July 2013, by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).

Section 2(1) residence paragraph (a): amended, on 1 October 2010, by section 5 of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).

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

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

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

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

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

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

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

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

Section 2(1) special guardian: inserted, on 30 June 2016, by section 4 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).

Section 2(1) subsequent child: inserted, on 30 June 2016, by section 4 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).

Section 2(1) summary offence: repealed, on 1 July 2013, by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).

Section 2(1) traffic offence: replaced, on 23 July 2011, by section 4 of the Children, Young Persons, and Their Families Amendment Act 2011 (2011 No 33).

Section 2(1) traffic offence paragraph (a): amended, on 1 August 2012, by section 94 of the Road User Charges Act 2012 (2012 No 1).

Section 2(1) victim: replaced, on 6 December 2014, by section 4 of the Children, Young Persons, and Their Families Amendment Act 2014 (2014 No 36).

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

Section 2(1) working day paragraph (ab): inserted, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).

Section 2(1) young person: replaced, on 1 April 2017, by section 4(1) of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 2(1) young person paragraph (e): repealed, on 14 July 2017, by section 7(3) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

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

Section 2(1A): inserted, on 1 April 2017, by section 4(2) of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

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

Section 2(2)(d): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 2(2)(d): amended, on 1 July 2013, by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).

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

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

Section 2(3): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 2(3): amended, on 1 July 2013, by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).

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