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

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18B Person described in this section

(1)

A person described in this section is a person—

(a)

who has been convicted under the Crimes Act 1961 of the murder, manslaughter, or infanticide of a child or young person who was in the person’s care or custody at the time of the child’s or young person’s death; or

(b)

who has had the care of a child or young person removed from that person on the basis described in subsection (2)(a) and (b) and, in accordance with subsection (2)(c), there is no realistic prospect that the child or young person will be returned to the person’s care.

(2)

Subsection (1)(b) applies, in relation to a child or young person removed from the care of a person, if—

(a)

the court has declared under section 67 (as it read before the commencement of section 42 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017) or decided on an application made under section 68, or a family group conference has agreed, that the child is in need of care or protection on a specified ground; and

(b)

the court has made an order under section 101 (not being an order to which section 102 applies) or 110 of this Act, or under section 48 of the Care of Children Act 2004; and

(c)

the court has determined (whether at the time of the order referred to in paragraph (b) or subsequently), or, as the case requires, the family group conference has agreed, that there is no realistic possibility that the child or young person will be returned to the person’s care.

(3)

If a person is a person described in this section on more than 1 of the grounds listed in subsection (1), the references in section 18A(3) to the kind of harm that led a person to being a person described in this section is taken to be a reference to any or all of those kinds of harm.

(4)

In subsection (2)(a), specified ground means—

(a)

the ground set out in section 14(1)(a) and (b), as they read before the commencement of section 17 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017; or

(b)

in the case of a decision made on or after the commencement of section 17 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017,—

(i)

the ground set out in section 14(1)(a), in the circumstances set out in section 14AA(1)(a) and (2)(a):

(ii)

the ground set out in section 14(1)(b), in the circumstances set out in section 14AA(2)(a).

Section 18B: inserted, on 30 June 2016, by section 9 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).

Section 18B(1)(a): 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 18B(1)(b): 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 18B(2)(a): replaced, on 1 July 2019, by section 24(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 18B(2)(c): amended, on 14 July 2017, by section 24(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 18B(4): inserted, on 1 July 2019, by section 24(3) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).