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

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17 Investigation of report of ill-treatment or neglect of child or young person

(1)

If the chief executive or a constable receives a report under section 15 relating to a child or young person, they must,—

(a)

as soon as practicable after receiving the report, if it appears that an investigation is necessary or desirable, commence an investigation or arrange for an investigation to be commenced into the matters contained in the report to the extent that an investigation is necessary or desirable; and

(b)

as soon as practicable after an investigation has commenced, consult a care and protection resource panel in relation to the investigation; and

(c)

unless it is impracticable or undesirable to do so, as soon as practicable after a decision is made not to investigate or the investigation has concluded, inform the person who made the report—

(i)

whether the report has been investigated; and

(ii)

if so, whether any further action has been taken.

(2)

If, after an investigation, the chief executive or constable reasonably believes that the child or young person is in need of care or protection, they must, as soon as practicable, notify a care and protection co-ordinator in accordance with section 18.

(2A)

If, after an investigation under subsection (1), a care and protection co-ordinator is not notified under subsection (2), the chief executive may, nevertheless,—

(a)

undertake a further assessment or provide services to the child or young person, their family, or other persons having the care of the child or young person; or

(b)

refer the child or young person, their family, or other persons having the care of the child or young person to other services provided by agencies or in the community; or

(c)

take no further action, if the investigation under subsection (1) discloses no identifiable risk of harm that could be dealt with under this Act or if appropriate action has already been taken.

Section 17: replaced, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 17(1): 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 17(2): 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 17(2A): inserted, on 1 July 2019, by section 20 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).