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

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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

(1)

A child or young person is in need of care or protection if—

(a)

the child or young person is suffering, or is likely to suffer, serious harm—

(i)

in the circumstances described in section 14AA(1); or

(ii)

having regard to the circumstances described in section 14AA(2); or

(b)

the parents or guardians or the persons who have the care of the child or young person are unable to care for the child or young person; or

(c)

the child is a subsequent child of a parent to whom section 18A applies and the parent has not demonstrated to the satisfaction of the chief executive (under section 18A) or the court (under section 18A(4)(a) or 18C) that the parent meets the requirements of section 18A(3); or

(d)

the child or young person has behaved, or is behaving, in a manner that—

(i)

is or is likely to be harmful to the physical or mental or emotional well-being of the child or young person or to others; and

(ii)

the child’s or young person’s parents, or the persons having the care of the child or young person, are unable or unwilling to control; or

(e)

in the case of a child of or over the age of 10 years and under the age of 14 years, the child has committed an offence or offences of sufficient number, nature, or magnitude to cause serious concern for the well-being of the child.

(2)

Subsection (1)(a) must be applied in conjunction with section 14AA (which describes the circumstances in which a child or young person is suffering, or is likely to suffer, serious harm).

Compare: 1974 No 72 s 27(2); 1977 No 126 s 7(1)

Section 14: replaced, on 1 July 2019, by section 17 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).