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

General principles

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

Subject to section 6, any court which, or person who, exercises any power conferred by or under this Act shall be guided by the following principles:

(a)

the principle that, wherever possible, a child’s or young person’s family, whanau, hapu, iwi, and family group should participate in the making of decisions affecting that child or young person, and accordingly that, wherever possible, regard should be had to the views of that family, whanau, hapu, iwi, and family group:

(b)

the principle that, wherever possible, the relationship between a child or young person and his or her family, whanau, hapu, iwi, and family group should be maintained and strengthened:

(c)

the principle that consideration must always be given to how a decision affecting a child or young person will affect—

(i)

the welfare of that child or young person; and

(ii)

the stability of that child’s or young person’s family, whanau, hapu, iwi, and family group:

(d)

the principle that consideration should be given to the wishes of the child or young person, so far as those wishes can reasonably be ascertained, and that those wishes should be given such weight as is appropriate in the circumstances, having regard to the age, maturity, and culture of the child or young person:

(e)

the principle that endeavours should be made to obtain the support of—

(i)

the parents or guardians or other persons having the care of a child or young person; and

(ii)

the child or young person himself or herself—

to the exercise or proposed exercise, in relation to that child or young person, of any power conferred by or under this Act:

(f)

the principle that decisions affecting a child or young person should, wherever practicable, be made and implemented within a time-frame appropriate to the child’s or young person’s sense of time:

(g)

the principle that decisions affecting a child or young person should be made by adopting a holistic approach that takes into consideration, without limitation, the child’s or young person’s age, identity, cultural connections, education, and health.

Compare: 1974 No 72 ss 4A–4C; 1983 No 129 s 3

Section 5(g): inserted, on 1 July 2014, by section 5 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).