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

14AA Circumstances in which child or young person is suffering, or is likely to suffer, serious harm

(1)

For the purposes of section 14(1)(a)(i), a child or young person is suffering, or is likely to suffer, serious harm if—

(a)

the child or young person is being, or is likely to be, abused (whether physically, emotionally, or sexually), deprived, ill-treated, or neglected; or

(b)

the parents or guardians or other persons who have the care of the child or young person are unwilling to care for, or have abandoned, them.

(2)

For the purposes of section 14(1)(a)(ii), other circumstances that may constitute serious harm, or establish the likelihood of serious harm, include—

(a)

a child’s or young person’s development or physical or mental or emotional well-being is being, or is likely to be, impaired or neglected, and that impairment or neglect is, or is likely to be, avoidable:

(b)

the child or young person has been exposed to family violence (within the meaning of section 9 of the Family Violence Act 2018)):

(c)

serious differences exist between the child or young person and the parents or guardians or other persons who have the care of them:

(d)

serious differences exist between a parent, guardian, or other person who has the care of the child or young person and any other parent, guardian, or other person who has the care of them.

(3)

For the purposes of applying section 14(1)(a) and subsections (1) and (2), serious harm may occur (without limitation) as a result of—

(a)

an incident; or

(b)

2 or more incidents that taken on their own would not be serious enough to constitute serious harm, but the cumulative effect of which is serious enough to cause serious harm; or

(c)

the co-existence of different circumstances.

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

Section 14AA(2)(b): amended, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).