The object of this Act is to promote the well-being of children, young persons, and their families and family groups by—

• (a) establishing and promoting, and assisting in the establishment and promotion, of services and facilities within the community that will advance the well-being of children, young persons, and their families and family groups and that are—

  • (i) appropriate having regard to the needs, values, and beliefs of particular cultural and ethnic groups; and

  • (ii) accessible to and understood by children and young persons and their families and family groups; and

  • (iii) provided by persons and organisations sensitive to the cultural perspectives and aspirations of different racial groups in the community:

• (b) assisting parents, families, whanau, hapu, iwi, and family groups to discharge their responsibilities to prevent their children and young persons suffering harm, ill-treatment, abuse, neglect, or deprivation:

• (c) assisting children and young persons and their parents, family, whanau, hapu, iwi, and family group where the relationship between a child or young person and his or her parents, family, whanau, hapu, iwi, or family group is disrupted:

• (d) assisting children and young persons in order to prevent them from suffering harm, ill-treatment, abuse, neglect, and deprivation:

• (e) providing for the protection of children and young persons from harm, ill-treatment, abuse, neglect, and deprivation:

• (f) ensuring that where children or young persons commit offences,—

  • (i) they are held accountable, and encouraged to accept responsibility, for their behaviour; and

  • (ii) they are dealt with in a way that acknowledges their needs and that will give them the opportunity to develop in responsible, beneficial, and socially acceptable ways:

• (g) encouraging and promoting co-operation between organisations engaged in providing services for the benefit of children and young persons and their families and family groups.

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.

In all matters relating to the administration or application of this Act (other than Parts 4 and 5 and sections 351 to 360), the welfare and interests of the child or young person shall be the first and paramount consideration, having regard to the principles set out in sections 5 and 13.

(1) It is the duty of the chief executive to take such positive and prompt action and steps as will in the chief executive's opinion best ensure—

• (a) that the objects of this Act are attained; and

• (b) that those objects are attained in a manner that is consistent with the principles set out in sections 5 and 6.

(2) In carrying out the duty imposed by subsection (1), the chief executive shall—

• (a) monitor, and advise the Minister on, the effect of social policies and social issues on children, young persons, families, whanau, hapu, iwi, and family groups:

• (b) promote—

  • (i) the establishment of services (including social work services, family support services, and community-based services designed to advance the welfare of children and young persons in the community or the home); and

  • (ii) the adoption of policies (including the provision of financial support to parents, families, and family groups)—

  that are designed to provide assistance to children and young persons who lack adequate parental care, or require protection from harm, or need accommodation or social or recreational activities:

• (ba) in relation to child abuse,—

  • (i) promote, by education and publicity, among members of the public (including children and young persons) and members of professional and occupational groups, awareness of child abuse, the unacceptability of child abuse, the ways in which child abuse may be prevented, the need to report cases of child abuse, and the ways in which child abuse may be reported; and

  • (ii) develop and implement protocols for agencies (both governmental and non-governmental) and professional and occupational groups in relation to the reporting of child abuse, and monitor the effectiveness of such protocols:

• (c) ensure, wherever possible, that all policies adopted by the department, and all services provided by the department,—

  • (i) recognise the social, economic, and cultural values of all cultural and ethnic groups; and

  • (ii) have particular regard for the values, culture, and beliefs of the Maori people; and

  • (iii) support the role of families, whanau, hapu, iwi, and family groups; and

  • (iv) avoid the alienation of children and young persons from their family, whanau, hapu, iwi, and family group:

• (d) establish and fund care and protection resource panels:

• (e) establish procedures to ensure that the cases of children and young persons in respect of whom action has been taken under this Act are regularly reviewed in order to assess the adequacy and appropriateness of that action:

• (f) ensure that persons providing services under this Act receive adequate training and comply with appropriate standards:

• (g) monitor and assess the services provided under this Act by the department and by other organisations, groups, and individuals.

(1) Where any person takes any action, or makes any decision, under this Act that significantly affects any child or young person, that person shall ensure that, wherever practicable, the following persons are informed, as soon as practicable, of that action or decision and of the reasons for it:

• (a) every person who is a parent or guardian of, or a person having the care of, the child or young person:

• (b) the child or young person.

(2) It is not necessary to inform a child or young person of any action or decision if—

• (a) that child or young person is incapable of understanding it; or

• (b) it is plainly not in the child's or young person's interests to be so informed.

(3) The information required by subsection (1) to be given to any person shall be given—

• (a) orally and, where practicable, in writing; and

• (b) where practicable, in a manner and in language that the person understands.

(1) Where—

• (a) any court hears any proceedings under this Act relating to a child or young person; or

• (b) any person takes or proposes to take any action under this Act in relation to a child or young person,—

it is the duty of that court or, as the case requires, that person to ensure that the requirements of this section are carried out wherever practicable.

(2) The requirements of this section are as follows:

• (a) that where—

  • (i) the first or preferred language of the child or young person is Maori or any other language other than English; or

  • (ii) the child or young person is unable, by reason of a physical disability, to understand English,—

  the services of an interpreter are provided for the child or young person:

• (b) that where—

  • (i) the first or preferred language of any parent or guardian or other person having the care of the child or young person is Maori or any other language other than English; or

  • (ii) that parent or guardian or that other person is unable, by reason of a physical disability, to understand English,—

  the services of an interpreter are provided for that parent or guardian or that other person.

(3) Nothing in this section limits or affects the Maori Language Act 1987.

(1) Where, in any proceedings under this Act, a child or young person, or any parent or guardian or other person having the care of a child or young person, appears before a Family Court or a Youth Court, the court shall—

• (a) explain in a manner and in language that can be understood by the child or young person or other person the nature of the proceedings, including, in the case of proceedings in a Youth Court, the nature and, where the child or young person or other person is not legally represented, the legal implications of the allegations; and

• (b) satisfy itself that the child or young person or other person understands the proceedings; and

• (c) where the court makes any order under section 83(1) or section 84 or section 283, explain to the child or young person to whom the order relates and to any parent or guardian or other person having the care of the child or young person, in a manner and in language that can be understood by that child or young person or other person,—

  • (i) the nature and requirements of the order:

  • (ii) any provisions for variation of the order:

  • (iii) the existence of rights of appeal against the order or the finding on which the order is based.

(2) Where, in any proceedings under this Act, a child or young person, or any parent or guardian or other person having the care of a child or young person, appears before a Family Court or a Youth Court, the barrister or solicitor representing that child or young person or other person shall—

• (a) explain to the person whom that barrister or solicitor represents, in a manner and in language that can be understood by that person, the nature of the proceedings, including, in the case of proceedings in a Youth Court, the nature and legal implications of the allegations; and

• (b) satisfy himself or herself that the person whom that barrister or solicitor represents understands the proceedings; and

• (c) where the court makes any order under section 83(1) or section 84 or section 283, explain to the person whom that barrister or solicitor represents, in a manner and in language that can be understood by that person, the matters specified in subparagraphs (i) to (iii) of subsection (1)(c).

Where, in any proceedings under this Act, a child or young person appears before a Family Court or a Youth Court, that court and the barrister or solicitor representing the child or young person shall, where necessary and appropriate, encourage and assist the child or young person to participate in those proceedings to the degree appropriate to the age and level of maturity of the child or young person.

Every medical practitioner who carries out a medical examination of any child or young person under any provision of this Act shall carry out that examination in a way that causes the least possible distress to the child or young person.

Subject to sections 5 and 6, any court which, or person who, exercises any powers conferred by or under this Part or Part 3 or Part 3A or sections 341 to 350 shall be guided by the following principles:

• (a) the principle that children and young persons must be protected from harm, their rights upheld, and their welfare promoted:

• (b) the principle that the primary role in caring for and protecting a child or young person lies with the child's or young person's family, whanau, hapu, iwi, and family group, and that accordingly—

  • (i) a child's or young person's family, whanau, hapu, iwi, and family group should be supported, assisted, and protected as much as possible; and

  • (ii) intervention into family life should be the minimum necessary to ensure a child's or young person's safety and protection:

• (c) the principle that it is desirable that a child or young person live in association with his or her family, whanau, hapu, iwi, and family group, and that his or her education, training, or employment be allowed to continue without interruption or disturbance:

• (d) where a child or young person is considered to be in need of care or protection, the principle that, wherever practicable, the necessary assistance and support should be provided to enable the child or young person to be cared for and protected within his or her own family, whanau, hapu, iwi, and family group:

• (e) the principle that a child or young person should be removed from his or her family, whanau, hapu, iwi, and family group only if there is a serious risk of harm to the child or young person:

• (f) where a child or young person is removed from his or her family, whanau, hapu, iwi, and family group, the principles that,—

  • (i) wherever practicable, the child or young person should be returned to, and protected from harm within, that family, whanau, hapu, iwi, and family group; and

  • (ii) where the child or young person cannot immediately be returned to, and protected from harm within, his or her family, whanau, hapu, iwi, and family group, until the child or young person can be so returned and protected he or she should, wherever practicable, live in an appropriate family-like setting—

    • (A) that, where appropriate, is in the same locality as that in which the child or young person was living; and

    • (B) in which the child's or young person's links with his or her family, whanau, hapu, iwi, and family group are maintained and strengthened; and

  • (iii) where the child or young person cannot be returned to, and protected from harm within, his or her family, whanau, hapu, iwi, and family group, the child or young person should live in a new family group, or (in the case of a young person) in an appropriate family-like setting, in which he or she can develop a sense of belonging, and in which his or her sense of continuity and his or her personal and cultural identity are maintained:

• (g) where a child or young person cannot remain with, or be returned to, his or her family, whanau, hapu, iwi, and family group, the principle that, in determining the person in whose care the child or young person should be placed, priority should, where practicable, be given to a person—

  • (i) who is a member of the child's or young person's hapu or iwi (with preference being given to hapu members), or, if that is not possible, who has the same tribal, racial, ethnic, or cultural background as the child or young person; and

  • (ii) who lives in the same locality as the child or young person:

• (h) where a child or young person cannot remain with, or be returned to, his or her family, whanau, hapu, iwi, and family group, the principle that the child or young person should be given an opportunity to develop a significant psychological attachment to the person in whose care the child or young person is placed:

• (i) where a child is considered to be in need of care or protection on the ground specified in section 14(1)(e), the principle set out in section 208(g).

(1) A child or young person is in need of care or protection within the meaning of this Part if—

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

• (b) the 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, serious and avoidable; or

• (c) serious differences exist between the child or young person and the parents or guardians or other persons having the care of the child or young person to such an extent that the physical or mental or emotional well-being of the child or young person is being seriously impaired; 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 guardians, 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 14 years, the child has committed an offence or offences the number, nature, or magnitude of which is such as to give serious concern for the well-being of the child; or

• (f) the parents or guardians or other persons having the care of the child or young person are unwilling or unable to care for the child or young person; or

• (g) the parents or guardians or other persons having the care of the child or young person have abandoned the child or young person; or

• (h) serious differences exist between a parent, guardian, or other person having the care of the child or young person and any other parent, guardian, or other person having the care of the child or young person to such an extent that the physical or mental or emotional well-being of the child or young person is being seriously impaired; or

• (i) the ability of the child or young person to form a significant psychological attachment to the person or persons having the care of the child or young person is being, or is likely to be, seriously impaired because of the number of occasions on which the child or young person has been in the care or charge of a person (not being a person specified in subsection (2)) for the purposes of maintaining the child or young person apart from the child's or young person's parents or guardians.

(2) The persons referred to in subsection (1)(i) are as follows:

• (a) any person who has custody of the child or young person pursuant to the order of any court, whether or not that court is a court within the meaning of this Act:

• (b) any person who has the child or young person in that person's care—

  • (i) pursuant to an agreement under section 139 or section 140 or section 141 or section 142; or

  • (ii) for the purpose of adoption, and the requirements of section 6 of the Adoption Act 1955 are being complied with:

• (c) any person who is caring for the child or young person in—

  • (i) any residential accommodation provided for children or young persons attending a registered school within the meaning of the Education Act 1989:

  • (ii) a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001.

For the purposes of this Act, it does not matter whether the conduct constituting a ground referred to in section 14(1) occurred partly or wholly outside New Zealand.

Any person who believes that any child or young person has been, or is likely to be, harmed (whether physically, emotionally, or sexually), ill-treated, abused, neglected, or deprived may report the matter to a social worker or a constable.

No civil, criminal, or disciplinary proceedings shall lie against any person in respect of the disclosure or supply, or the manner of the disclosure or supply, by that person pursuant to section 15 of information concerning a child or young person (whether or not that information also concerns any other person), unless the information was disclosed or supplied in bad faith.

(1) Where any social worker or constable receives a report pursuant to section 15 relating to a child or young person, that social worker or constable shall, as soon as practicable after receiving the report, undertake or arrange for the undertaking of such investigation as may be necessary or desirable into the matters contained in the report and shall, as soon as practicable after the investigation has commenced, consult with a care and protection resource panel in relation to the investigation.

(2) Where, after an investigation under subsection (1) into the matters contained in a report under section 15, the social worker or constable to whom the report was made reasonably believes that the child or young person to whom the report relates is in need of care or protection, that social worker or constable shall, as soon as practicable, notify a care and protection co-ordinator of those matters in accordance with section 18.

(3) Where any person receives a report pursuant to section 15 relating to a child or young person, that person shall, as soon as practicable after—

• (a) that report is investigated under subsection (1); or

• (b) a decision is made not to investigate the report,—

unless it is impracticable or undesirable to do so, inform the person who made the report whether or not the report has been investigated and, if so, whether any further action has been taken with respect to it.

(1) Where any social worker or constable believes, after inquiry, that any child or young person is in need of care or protection (other than on the ground specified in section 14(1)(e)), that social worker or constable shall forthwith report the matter to a care and protection co-ordinator, who shall convene a family group conference in accordance with section 20.

(2) Where any social worker suspects that any child is in need of care or protection on the ground specified in section 14(1)(e), that social worker may refer the matter to the appropriate enforcement agency.

(3) Where any enforcement officer believes, after inquiry, that any child is in need of care or protection on the ground specified in section 14(1)(e), that enforcement officer shall forthwith report the matter to a youth justice co-ordinator, who after consulting with that enforcement officer, and if that enforcement officer believes that the making of an application for a declaration under section 67 in respect of that child is required in the public interest, shall convene a family group conference in accordance with section 247.

(1) Where—

• (a) after inquiry, any body or organisation (including a government department or other agency of the Crown, or a local authority) concerned with the welfare of children and young persons; or

• (b) in any proceedings, any court—

believes that any child or young person is in need of care or protection on 1 or more of the grounds specified in section 14(1), that body, organisation, or court may refer the matter to a care and protection co-ordinator.

(1A) Every referral pursuant to subsection (1) shall be accompanied by—

• (a) a statement of the reasons for believing that the child or young person to whom the referral relates is in need of care or protection; and

• (b) particulars sufficient to identify any person, body, or organisation that might be contacted to substantiate that belief; and

• (c) a statement indicating whether or not the referral is being made with the consent or knowledge of—

  • (i) the parents or guardians or other persons having the care of the child or young person to whom the referral relates; or

  • (ii) the family, whanau, or family group of that child or young person; and

• (d) any recommendation as to the course of action the care and protection co-ordinator might take in respect of the referral.

(2) Every care and protection co-ordinator to whom a case is referred pursuant to subsection (1) shall, where it appears to that care and protection co-ordinator to be necessary to do so,—

• (a) except where paragraph (b) applies, convene a family group conference in accordance with section 20; or

• (b) where the child is believed to be in need of care or protection on the ground specified in section 14(1)(e), report the matter to the appropriate enforcement agency; or

• (c) take such other action as is appropriate in the circumstances.

(3) For the purposes of determining whether or not it is necessary to convene a family group conference pursuant to subsection (2)(a), a care and protection co-ordinator may arrange for a case to be investigated by a social worker.

(4) Every care and protection co-ordinator to whom a case is referred pursuant to subsection (1) by a court shall,—

• (a) within 28 days after receiving that referral, furnish to the court a written report stating—

  • (i) what action (if any) has been taken with respect to the case as a result of the referral; and

  • (ii) if any such action has been taken, whether that action has resolved the matter, and, if so, how that matter has been resolved; and

  • (iii) what further action (if any) is proposed with respect to the case, and, if any such action is proposed, when that action is likely to be completed; and

• (b) subject to paragraph (c), where the report furnished pursuant to paragraph (a) indicates that further action is proposed with respect to the case, within 28 days of the furnishing of that report, furnish to the court a written report stating—

  • (i) what progress (if any) has been made with respect to that action; and

  • (ii) when that action is likely to be completed; and

• (c) where the report furnished pursuant to paragraph (a) indicates that further action is proposed with respect to the case, on the completion of that action, furnish to the court a written report stating whether that action has resolved that matter, and, if so, how that matter has been resolved.

Where, pursuant to this Part, a care and protection co-ordinator is authorised or required to convene or reconvene a family group conference, that care and protection co-ordinator shall, subject to section 21, fix the date on which and the time and place at which the conference is to be held.

Every care and protection co-ordinator shall, before convening any family group conference pursuant to this Part in respect of any child or young person,—

• (a) consult with a care and protection resource panel; and

• (b) make all reasonable endeavours to consult with the child's or young person's family, whanau, or family group in relation to—

  • (i) the date on which, and the time and place at which, the conference is to be held; and

  • (ii) the persons who should attend the conference; and

  • (iii) the procedure to be adopted at the conference,—

  and, subject to section 22, shall, so far as it is practicable and consistent with the principles of this Act, give effect to the wishes of the child's or young person's family, whanau, or family group in relation to those matters.

(1) Subject to subsection (2), the following persons are entitled to attend a family group conference convened under this Part:

• (a) the child or young person in respect of whom the conference is held, unless the care and protection co-ordinator convening the conference is of the opinion that—

  • (i) the attendance of that child or young person would not be in the interests of that child or young person, or would, for any other reason, be undesirable; or

  • (ii) the child or young person would be unable, by reason of its age or level of maturity, to understand the proceedings:

• (b) every person who is—

  • (i) a parent or guardian of, or a person having the care of, that child or young person; or

  • (ii) a member of the family, whanau, or family group of the child or young person,—

  unless the care and protection co-ordinator convening the conference is of the opinion that that person's attendance would not be in the interests of the child or young person, or would be undesirable for any other reason:

• (c) the care and protection co-ordinator who is convening the conference, or any care and protection co-ordinator who is acting for that person:

• (d) where the conference has been convened on the basis of a report under section 18(1) from a social worker or a constable, that social worker or constable, or any social worker or constable who is acting for that person:

• (e) where the conference has been convened on the basis of a referral of a matter under section 19(1)(a) by any body or organisation, a representative of that body or organisation:

• (f) where the conference has been convened or reconvened, for the purposes of section 145, in respect of a child or young person, a representative of the person who has the care of that child or young person pursuant to an agreement to which that section applies, or who it is proposed should have the care of that child or young person pursuant to such an agreement:

• (g) if the child or young person is under the guardianship of the court under the Care of Children Act 2004, any person appointed as agent for the court under that Act, or any representative of that person:

• (h) any barrister or solicitor or lay advocate representing the child or young person:

• (i) any person whose attendance at that conference is in accordance with the wishes of the family, whanau, or family group of the child or young person as expressed under section 21.

(2) No person to whom paragraph (c) or paragraph (d) or paragraph (e) or paragraph (f) or paragraph (h) of subsection (1) applies is entitled to be present at any family group conference during any discussions or deliberations held among the members of the family, whanau, or family group of the child or young person in respect of whom the conference is held, unless those members request any such person to be present.

(1) Every care and protection co-ordinator who convenes a family group conference under this Part shall take all reasonable steps to ensure that all information and advice required by the conference to carry out its functions are made available to the conference.

(2) Subject to section 22, where it is appropriate for any person (including a member of a care and protection resource panel) to attend a family group conference for the purpose of conveying to that conference any information or advice required by the conference to carry out its functions, that person may attend that conference for that purpose, but may otherwise attend the conference only with the agreement of the conference.

(1) Every care and protection co-ordinator who convenes a family group conference under this Part shall take all reasonable steps to ascertain the views of the following persons in relation to the matters to be considered at the conference:

• (a) any person who is excluded from attendance at the conference pursuant to paragraph (a)(i) or paragraph (b) of section 22(1):

• (b) any person who is entitled to attend the conference but who has notified the care and protection co-ordinator that he or she or it is unable, for any reason, to do so.

(2) Where, in respect of any family group conference, a care and protection co-ordinator ascertains the views of any person pursuant to subsection (1), that co-ordinator shall ensure that those views are made known at that conference.

(1) Subject to subsection (2), every care and protection co-ordinator who convenes a family group conference under this Part shall take all reasonable steps to ensure that notice of the date on which, and the time and place at which, the conference is to be held is given to every person who is entitled to attend that conference.

(2) No notice is required to be given pursuant to subsection (1) to any person whose whereabouts cannot, after reasonable enquiries, be ascertained.

(3) Every notice required by subsection (1) shall be given a reasonable time before the conference is to be held.

(4) Failure to notify any person in accordance with this section shall not affect the validity of the proceedings of a family group conference unless it is shown that the failure is likely to have materially affected the outcome of that conference.

(1) Subject to this Part, a family group conference may regulate its procedure in such manner as it thinks fit.

(2) Subject to section 5(f), a family group conference may from time to time be adjourned to a time and place determined by the conference.

The department shall provide such administrative services as may be necessary to enable a family group conference to discharge its functions.

The functions of a family group conference convened under this Part are as follows:

• (a) to consider, in relation to the child or young person in respect of whom the conference was convened, such matters relating to the care or protection of that child or young person as the conference thinks fit:

• (b) where the conference considers that the child or young person in respect of whom it was convened is in need of care or protection, to make such decisions or recommendations, and to formulate such plans, in relation to that child or young person as the conference considers necessary or desirable, having regard to the principles set out in sections 5, 6, and 13:

• (c) to review from time to time—

  • (i) the decisions and recommendations made, and the plans formulated, by that conference:

  • (ii) the implementation of any such decisions, recommendations, and plans.

(1) A family group conference convened under this Part may make such decisions and recommendations and formulate such plans as it considers necessary or desirable in relation to the care or protection of the child or young person in respect of whom the conference was convened.

(2) In making such decisions and recommendations and formulating such plans, the conference shall have regard to the principles set out in sections 5, 6, and 13.

(3) Every care and protection co-ordinator who convenes a family group conference shall cause to be made a written record of the details of the decisions and recommendations made, and the plans formulated, by that conference pursuant to this section.

(1) Where a family group conference makes any decision or recommendation, or formulates any plan, pursuant to section 29(1) or subsection (4) of this section, the care and protection co-ordinator who convened that conference shall,—

• (a) where the conference was convened under section 18(1) on the basis of a report from a social worker or a constable,—

  • (i) communicate that decision, recommendation, or plan to that social worker or constable (or any person acting for that social worker or that constable), and to every person who will be directly involved in the implementation of the decision, recommendation, or plan; and

  • (ii) seek the agreement of that social worker or constable (or any person acting for that social worker or that constable), and of every other person to whom that decision, recommendation, or plan is communicated pursuant to subparagraph (i), to that decision, recommendation, or plan:

• (b) where the conference was convened under section 19(2)(a) on the basis of a referral from any body, organisation, or court,—

  • (i) communicate that decision, recommendation, or plan to that body, organisation, or court, and to every person who will be directly involved in the implementation of that decision, recommendation, or plan; and

  • (ii) seek the agreement of that organisation or body, and of every other person (other than a court) to whom that decision, recommendation, or plan is communicated pursuant to subparagraph (i), to that decision, recommendation, or plan.

(2) Where, pursuant to paragraph (a)(i) or paragraph (b)(i) of subsection (1), a care and protection co-ordinator meets with any person, body, organisation, or court for the purpose of communicating to that person, body, organisation, or court any decision, recommendation, or plan made or formulated by a family group conference, the care and protection co-ordinator may be accompanied by a person nominated by that family group conference.

(3) Where a care and protection co-ordinator is unable to secure agreement, under subsection (1), to a decision, recommendation, or plan made or formulated by a family group conference, the care and protection co-ordinator may, for the purpose of enabling that conference to reconsider that decision, recommendation, or plan, reconvene that conference.

(4) Any family group conference reconvened under subsection (3) may confirm, rescind, or modify its previous decision, recommendation, or plan, or rescind its previous decision, recommendation, or plan and make or formulate a new decision, recommendation, or plan.

(5) Any decision, recommendation, or plan confirmed or modified under subsection (4), and any new decision, recommendation, or plan made or formulated under that subsection, shall be deemed to have been made or formulated pursuant to section 29.

(1) Where—

• (a) the members of a family group conference are unable to agree on what decisions, recommendations, or plans should be made in relation to the child or young person in respect of whom the conference was convened; or

• (b) a care and protection co-ordinator is unable to secure agreement under section 30 to the decisions, recommendations, and plans made or formulated by a family group conference,—

the care and protection co-ordinator who convened the conference—

• (c) shall,—

  • (i) where the conference was convened under section 18(1) on the basis of a report from a social worker or a constable, make a report on the matter to that social worker or constable; or

  • (ii) in any other case, report the matter to a social worker:

• (d) shall, where proceedings have been commenced under this Act in any court in relation to the child or young person in respect of whom the conference was convened, report the matter to that court:

• (e) shall, in every case, consult with a care and protection resource panel.

(2) Where a care and protection co-ordinator makes a report, under subsection (1)(c)(i) or (ii), to any social worker or constable, that social worker or constable may take such action under this Act as that person considers appropriate.

(1) Every care and protection co-ordinator who convenes a family group conference under this Part shall ensure that a copy of every record made pursuant to section 29(3) in relation to that conference is given or sent to—

• (a) the child or young person in respect of whom the conference was convened, unless the child or young person would be unable, by reason of its age or level of maturity, to understand the contents of the record; and

• (b) every person who is a parent or guardian of that child or young person or has the care of that child or young person; and

• (c) any barrister or solicitor or lay advocate representing the child or young person; and

• (d) any other person who is or will be directly affected by any decision, recommendation, or plan detailed in that record; and

• (e) where there is an appropriate iwi social service or cultural social service with respect to the child or young person, that social service; and

• (f) the appropriate care and protection resource panel.

(2) Where any child or young person is the subject of any proceedings under this Act before any court, a copy of the record made pursuant to section 29(3) in respect of any family group conference held in relation to that child or young person shall be made available to that court.

(1) Every written record made pursuant to section 29(3) in relation to a family group conference shall be kept at the District Office of the department nearest to where the conference is held.

(2) The following persons shall have access to any such record:

• (a) any person to whom a copy of that record is required to be sent pursuant to section 32:

• (b) any care and protection co-ordinator:

• (c) any social worker:

• (d) any other person who, in the opinion of a care and protection co-ordinator, has a genuine and proper interest in the matter.

(3) Nothing in this section limits or affects the Official Information Act 1982.

(1) The chief executive shall consider every decision, recommendation, or plan that is made or formulated by a family group conference pursuant to this Part (other than a decision, recommendation, or plan to which the agreement of a social worker is not secured under section 30), and, unless it is clearly impracticable or clearly inconsistent with the principles set out in sections 5, 6, and 13, shall give effect to that decision, recommendation, or plan by the provision of such services and resources, and the taking of such action and steps, as are necessary and appropriate in the circumstances of the particular case.

(2) The chief executive may, from time to time, make such grants or provide such financial assistance as may be necessary to give effect to any decision, recommendation, or plan made or formulated by a family group conference pursuant to this Part.

Where—

• (a) any decision, recommendation, or plan is made or formulated by a family group conference; and

• (b) agreement to that decision, recommendation, or plan has been secured under section 30; and

• (c) the implementation of that decision, recommendation, or plan involves any action on the part of the Police,—

unless it is clearly impracticable or clearly inconsistent with the principles set out in sections 5, 6, and 13 to do so, it is the duty of the Police to give effect to that decision, recommendation, or plan by the taking of such action and steps as are necessary and appropriate in the circumstances of the particular case.

(1) Where any decision, recommendation, or plan is made or formulated by a family group conference pursuant to this Part, the care and protection co-ordinator who convened that conference may from time to time, at that co-ordinator's own motion or at the request of at least 2 members of that conference, reconvene that conference for the purpose of reviewing that decision, recommendation, or plan.

(2) Sections 20 to 35 shall apply, with all necessary modifications, with respect to every family group conference reconvened under this section.

(1) No evidence shall be admissible in any court, or before any person acting judicially, of any information, statement, or admission disclosed or made in the course of a family group conference.

(2) Nothing in subsection (1) applies to a record made by a care and protection co-ordinator under section 29(3).

(1) Subject to subsection (2), no person shall publish any report of the proceedings of any family group conference.

(2) Nothing in subsection (1) applies to the publication of—

• (a) statistical information relating to family group conferences:

• (b) the results of any bona fide research relating to family group conferences.

(3) In no case shall it be lawful to publish, in any report of the proceedings of any family group conference, any particulars that are identifiable by any person (other than the person to whom those particulars relate) as particulars relating to any particular person who was the subject of, or a participant in, that family group conference.

(4) Every person who contravenes subsection (1) or subsection (3) commits an offence and is liable on summary conviction,—

• (a) in the case of an individual, to a fine not exceeding $2,000:

• (b) in the case of a body corporate, to a fine not exceeding $10,000.

(1) Any District Court Judge or, if no District Court Judge is available, any Justice or any Community Magistrate or any Registrar (not being a constable), who, on application in writing made on oath, is satisfied that there are reasonable grounds for suspecting that a child or young person is suffering, or is likely to suffer, ill-treatment, neglect, deprivation, abuse, or harm may issue a warrant authorising any constable or a social worker, either by name or generally, to search for the child or young person.

(2) An application for a warrant under subsection (1) may be made by a constable or a social worker.

(3) Any person authorised by warrant under this section to search for any child or young person may—

• (a) enter and search, by force if necessary, any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place:

• (b) if that person believes, on reasonable grounds, that the child or young person has suffered, or is likely to suffer, ill-treatment, serious neglect, abuse, serious deprivation, or serious harm,—

  • (i) remove or detain, by force if necessary, the child or young person and place the child or young person in the custody of the chief executive; or

  • (ii) where the child or young person is in a hospital, direct the medical superintendent of that hospital to keep that child or young person in that hospital.

(4) Where any direction is issued pursuant to subsection (3)(b)(ii) in respect of any child or young person, that child or young person shall be deemed to have been placed in the custody of the chief executive pursuant to this section.

(1) Where an application for a declaration under section 67 has been made in respect of a child or young person, any District Court Judge or, if no District Court Judge is available, any Justice or any Community Magistrate or any Registrar (not being a constable), may, on application in writing made on oath, where there are reasonable grounds for believing that the child or young person is—

• (a) suffering, or is likely to suffer, ill-treatment, serious neglect, abuse, serious deprivation, or serious harm; or

• (b) so seriously disturbed as to be likely—

  • (i) to act in a manner harmful to the child or young person or any other person; or

  • (ii) to cause serious damage to property,—

  issue a warrant authorising any constable or a social worker, either by name or generally, to search for the child or young person.

(2) An application for a warrant under subsection (1) may be made by a constable or a social worker.

(3) The alleged commission of an offence shall not of itself be sufficient grounds for the issue of a warrant under this section.

(4) Any person authorised by warrant under this section to search for any child or young person may—

• (a) enter and search, by force if necessary, any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place:

• (b) either—

  • (i) remove or detain, by force if necessary, the child or young person and place the child or young person in the custody of the chief executive; or

  • (ii) where the child or young person is in a hospital, direct the medical superintendent of that hospital to keep that child or young person in that hospital.

(5) Where any direction is issued pursuant to subsection (4)(b)(ii) in respect of any child or young person, that child or young person shall be deemed to have been placed in the custody of the chief executive pursuant to this section.

(1) Any constable who believes on reasonable grounds that it is critically necessary to protect a child or young person from injury or death may, without warrant,—

• (a) enter and search, by force if necessary, any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place:

• (b) remove or detain, by force if necessary, the child or young person and place the child or young person in the custody of the chief executive.

(2) Every constable who exercises any powers conferred by subsection (1) shall, on first entering any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place, and if requested, at any subsequent time,—

• (a) produce evidence of identity; and

• (b) disclose that those powers are being exercised under this section.

(3) A constable who exercises the power conferred by subsection (1) shall, within 3 days after the day on which the power is exercised, forward to the Commissioner of Police a written report on the exercise of the power and the circumstances in which it came to be exercised.

(1) Subject to subsection (2), where a child or young person is placed in the custody of the chief executive pursuant to section 39 or section 40 or section 42, the chief executive may place the child or young person with—

• (a) a parent or guardian of the child or young person; or

• (b) any other person who previously had the care of the child or young person; or

• (c) any member of the child's or young person's family, whanau, or family group; or

• (d) any person approved by a social worker.

(2) If it is not practicable or appropriate to place the child or young person with any of the persons specified in any of paragraphs (a) to (d) of subsection (1), the chief executive may place the child or young person in a residence.

(3) Where a child or young person is placed in the custody of the chief executive pursuant to section 39 or section 40 or section 42, the chief executive may, at any time, release the child or young person from that custody.

(1) Where a child or young person is placed in the custody of the chief executive pursuant to section 39 or section 40 or section 42, any parent or guardian or other person previously having the care of the child or young person may apply to the court for the release of that child or young person, or for access to that child or young person while he or she is in the custody of the chief executive, and the court may make any order that it is empowered to make under section 46.

(2) An application may be made under subsection (1) at any time before the child or young person is released from the custody of the chief executive or is brought before the court in accordance with section 45.

A child or young person who is placed in the custody of the chief executive pursuant to section 39 or section 40 or section 42—

• (a) shall be brought before the court not later than the fifth day after the date on which that child or young person is so placed, unless, before that day,—

  • (i) the child or young person is released from that custody; or

  • (ii) an order is made under section 78 with respect to the custody of that child or young person:

• (b) may be kept in the custody of the chief executive until the child or young person is brought before the court in accordance with paragraph (a), or for such further period as may be directed by a Family Court Judge.

Where an application is made to the court under section 44, or a child or young person is brought before the court pursuant to section 45, the court may—

• (a) make an order—

  • (i) directing that the child or young person be released from custody; and

  • (ii) subject to any order in force under the Care of Children Act 2004 and relating to who has the role of providing day-to-day care for the child or young person, directing that the role of providing day-to-day care for the child or young person be exercised by any person the court thinks fit:

• (b) if an application for a declaration under section 67 has been made in respect of the child or young person, make an order under section 78 relating to the custody of the child or young person pending the determination of the application:

• (c) make any order that it is empowered to make under section 121.

(1) Where—

• (a) a child or young person is placed in the custody of the chief executive pursuant to section 39 or section 40 or section 42; and

• (b) the child or young person is released from that custody before the child or young person is required by section 45(a) to be brought before the court,—

the social worker or constable who placed the child or young person in that custody shall, as soon as practicable after the release of the child or young person, send to the Commissioner a report containing the details required by subsection (2).

(2) The details to be included in a report required by subsection (1) in relation to the placing of a child or young person in the custody of the chief executive are as follows:

• (a) where the child or young person was placed in the custody of the chief executive pursuant to a warrant issued under section 39 or section 40, the grounds on which that warrant was issued and the reasons why the child or young person was so placed:

• (b) where the child or young person was placed in the custody of the chief executive pursuant to section 42, the reasons why the child or young person was so placed:

• (c) where and with whom the chief executive placed the child or young person while the child or young person was in the chief executive's custody:

• (d) whether a medical examination of the child or young person was carried out pursuant to section 53, and, if so, the findings of that examination:

• (e) the reason for releasing the child or young person from the custody of the chief executive:

• (f) the details of any further action that the social worker or constable has taken, or is proposing to take, in relation to the child or young person.

(1) Where a child or young person is found unaccompanied by a parent or guardian or other person who usually has the care of the child or young person in a situation in which the child's or young person's physical or mental health is being, or is likely to be, impaired, a constable may, using such force as may reasonably be necessary, take the child or young person and—

• (a) with the consent of the child or young person, deliver the child or young person into the custody of a parent or guardian or other person usually having the care of the child or young person; or

• (b) if—

  • (i) the child or young person does not wish to be returned to a parent or guardian or other person having the care of the child or young person; or

  • (ii) no parent or guardian or other such person is willing or able to have custody of the child or young person,—

  place the child or young person in the custody of the chief executive by delivering the child or young person to a social worker.

(2) Placement of a child or young person in the custody of the chief executive shall be sufficient authority for the detention of the child or young person by a social worker or in a residence under this Act until—

• (a) the child or young person agrees to being returned to a parent or guardian or other person usually having the care of the child or young person who is willing to have the care of the child or young person; or

• (b) an application is made to the court for a declaration under section 67 and the child or young person is brought before the court for the purpose of determining whether the child or young person is to be held in custody pending the disposal of the application; or

• (c) where the circumstances of the case indicate that the child or young person is, or may be, in need of care or protection, the expiry of 5 days after the day on which the child or young person was placed in custody, or in any other case, 3 days after that date—

whichever first occurs.

(3) In subsections (1) and (2) the term young person means a person of or over the age of 14 years but under the age of 17 years.

(1) Where the court is satisfied—

• (a) that there are reasonable grounds for suspecting that a child or young person is suffering ill-treatment, abuse, neglect, deprivation, or serious harm; and

• (b) that it is expedient that a medical examination of that child or young person be carried out for the purpose of determining whether that suspicion is well-founded,—

the court may order the child or young person to attend for a medical examination by a medical practitioner.

(2) An application for an order under subsection (1) may be made by a social worker or a constable.

(3) Every application for an order under subsection (1) shall be served on the barrister or solicitor representing the child or young person and on such other persons as the court directs.

(4) The following persons shall be entitled to appear and be heard on the hearing of an application under this section:

• (a) the applicant:

• (b) any person on whom the application is served:

• (c) with the leave of the court, any other person.

(1) An order may be made under section 49 on an ex parte application if the court is satisfied—

• (a) that the delay that would be caused by proceeding on notice would or might entail risk to the personal safety of the child or young person who is the subject of the application; or

• (b) that proceeding on notice would be likely to prejudice investigations into whether the child or young person is in need of care or protection.

(2) No order may be made under section 49 on an ex parte application unless the barrister or solicitor representing the child or young person has been given an opportunity to be heard.

(3) Where an order is made under section 49 on an ex parte application, any person affected by the order may apply at any time for a variation or discharge of the order.

Any order under section 49 may be made on such terms and conditions as the court thinks fit, including restrictions on the nature of the medical examination that may be carried out and the procedures that may be used to carry out that examination.

(1) Every medical practitioner who carries out a medical examination of a child or young person pursuant to an order under section 49 shall forthwith prepare a written report of the results of that examination and shall supply that report to the court.

(2) A copy of every report supplied to the court pursuant to subsection (1) shall be given by the Registrar to—

• (a) every person entitled to appear and be heard on the application to which the report relates:

• (b) any other person whom the court considers has a proper interest in receiving a copy of the report.

(1) This section applies to any child or young person—

• (a) in respect of whom a warrant has been issued under section 39; or

• (b) who is placed in the custody of the chief executive under that section or under section 40 or section 42.

(2) A social worker may, with the consent of any parent or guardian of the child or young person, arrange for any child or young person to whom this section applies to be medically examined by a medical practitioner.

(3) Where, after making reasonable efforts to do so, a social worker does not obtain the consent of a parent or guardian of a child or young person to a medical examination under subsection (2), a social worker may require the child or young person to be medically examined by a medical practitioner.

Every child or young person who is medically examined under section 53 is entitled to have present during that examination 1 adult—

• (a) who is nominated for that purpose by that child or young person or, if the age or level of maturity of the child or young person makes it impracticable for him or her to make such a nomination, by a social worker; and

• (b) who consents to be present.

(1) No medical examination carried out under section 53 shall include any internal examination of the genitals or anus of any child or young person unless—

• (a) the medical practitioner carrying out the examination believes that the child or young person may have been subject to recent physical or sexual abuse involving either or both of those parts of the body; and

• (b) the child or young person consents to such an examination of that part of the body.

(2) No medical examination carried out under section 53 shall include any medical procedure that involves the administration of a general anaesthetic to the child or young person.

(3) Nothing in subsection (1)(b) requires the consent of any child or young person to any examination if the age or level of maturity of the child or young person makes it impracticable to obtain such consent.

Every medical practitioner who carries out a medical examination of a child or young person under section 53 shall forthwith prepare a written report of the results of that examination and shall supply that report to the social worker by whom the examination was arranged or required, as the case may be.

A social worker who exercises the power under section 53(3) to require a medical examination to be carried out shall, within 3 days after the day on which that examination is carried out, forward to the chief executive a written report on the exercise of that power and the circumstances in which it came to be exercised.

Where any person prepares a report pursuant to section 52 or section 56, the fees and expenses of that person shall be paid—

• (a) out of money appropriated by Parliament for the purpose; or

• (b) if the court so decides, by such party or parties to the proceedings as the court may order.

(1) Subject to subsection (4), where—

• (a) any social worker or constable believes, on reasonable grounds, that any person has in that person's possession, custody, or power any document that contains, or that the social worker or constable considers is likely to contain, information necessary or relevant for the purpose of determining whether any child or young person is in need of care or protection (other than on the ground specified in section 14(1)(e)); and

• (b) that person has refused to allow that document to be inspected by that social worker or constable,—

that social worker or constable may apply to the court for an order requiring that person to produce that document for inspection by that social worker or constable.

(2) Subject to section 60, notice of an application under subsection (1) for an order for the production of a document shall be given by the applicant to the person in respect of whom the order is sought and to such other person or persons as the court directs.

(3) The applicant and every person to whom notice of an application under subsection (1) is given shall be entitled to appear and be heard on the hearing of the application.

(4) Nothing in subsection (1) applies in respect of any document the production of which would breach legal professional privilege.

(1) An order may be made under section 61 on an ex parte application if the court is satisfied that proceeding on notice would be likely to prejudice investigations into whether a child or young person is in need of care or protection.

(2) Where an order is made under section 61 on an ex parte application, the person in respect of whom the order is made, or any other person affected by the order, may apply at any time for a variation or discharge of the order.

(1) Where an application is made under section 59 for the production of any document, and the court is satisfied that the document contains information necessary or relevant for the purpose of determining whether any child or young person is in need of care or protection (other than on the ground specified in section 14(1)(e)), the court may, subject to section 59(4), order the person named in the application as the person who has the document in that person's possession, custody, or power to produce that document for inspection by the applicant.

(2) The court may inspect any document for the purpose of determining whether to make an order under this section for the production of that document, and for that purpose may order that document to be produced to the court.

(3) Every person commits an offence and is liable on summary conviction to a fine not exceeding $2,000 who, being a person who is ordered pursuant to this section to produce any document, refuses or fails to comply with that order.

(1) Subject to section 59(4), section 61 applies notwithstanding any enactment, or any rule of law, that obliges any person to maintain secrecy in relation to, or not to disclose, any matter, and any compliance with that section is not a breach of the relevant obligation of secrecy or non-disclosure or of the enactment or rule of law by which that obligation is imposed.

(2) Subject to section 59(4), no person shall be excused from producing any document under section 61—

• (a) on the ground that the production of that document could or would tend to incriminate that person or subject that person to any penalty or forfeiture; or

• (b) on the ground of any other privilege that could otherwise be claimed by that person in relation to the production of the document in any proceedings in a court.

A social worker or constable to whom a document is produced for inspection under section 61 may—

• (a) remove and retain that document for so long as is necessary for a full inspection of that document:

• (b) make copies of that document.

(1) A social worker or constable to whom a document is produced for inspection under section 61—

• (a) shall make use of that document, and any copy of that document taken pursuant to section 63(b), only for the purposes of this Part; and

• (b) except for the purposes of this Part, shall not disclose that document, or any copy of that document taken pursuant to section 63(b), to any other person.

(2) Every person commits an offence and is liable on summary conviction to a fine not exceeding $2,000 who contravenes subsection (1).

(1) No document produced, pursuant to an order under section 61, to any social worker or constable shall be admissible as evidence in any proceedings under this Act or any other Act if, but for the provisions of section 62, that document could not, by virtue of any enactment, rule of law, or privilege, have been ordered to be so produced.

(2) No document or information shall be privileged from being given in evidence in any proceedings under this Act or any other Act, and no objection to the admissibility of any document or information in any such proceedings shall be upheld, merely because the document or information was obtained as a result of the production of any document pursuant to an order under section 61.

(1) Every government department, agent, or instrument of the Crown and every statutory body shall, when required, supply to every care and protection co-ordinator, social worker, or constable such information as it has in its possession relating to any child or young person where that information is required—

• (a) for the purposes of determining whether that child or young person is in need of care or protection (other than on the ground specified in section 14(1)(e)); or

• (b) for the purposes of any proceedings under this Part.

(2) No information obtained pursuant to subsection (1)—

• (a) shall be used for the purposes of investigating any offence:

• (b) shall be admissible as evidence in any proceedings other than proceedings under this Part.

(3) Nothing in subsection (1) limits or affects the Official Information Act 1982.

A court may, on application, where it is satisfied on any of the grounds specified in section 14(1) that a child or young person is in need of care or protection, make a declaration that the child or young person is in need of care or protection.

An application for a declaration that a child or young person is in need of care or protection may be made by—

• (a) a social worker; or

• (b) a constable; or

• (c) with the leave of the court, any other person.

An application for a declaration that a child or young person is in need of care or protection may be made jointly by a social worker or constable and a parent or guardian or other person having the care of the child or young person.

(1) Subject to subsection (2), no application for a declaration that a child or young person is in need of care or protection may be made unless a family group conference has been held under this Part (or, in the case of an application on the ground specified in section 14(1)(e), under Part 4) in relation to the matter that forms the ground on which the application is made.

(2) Subsection (1) does not apply where—

• (a) the child or young person in respect of whom the application is made has been placed in the custody of the chief executive under section 39 or section 42; or

• (b) the applicant believes that the interests of the child or young person in respect of whom the application is made require that an interim restraining order be granted as a matter of urgency, and an application for such an order is made at the same time as the application; or

• (ba) an application for a custody order under section 78 is made at the same time as the application, and the applicant believes,—

  • (i) where the application is made on the ground specified in section 14(1)(e),—

    • (A) that it is not possible to make suitable alternative arrangements for the custody of the child in respect of whom the application is made pending the determination of the application; or

    • (B) that it is in the public interest that the child be held in custody pending the determination of the application:

  • (ii) in any other case, that the interests of the child or young person in respect of whom the application is made require that such a custody order be granted as a matter of urgency; or

• (c) the application is made on the ground specified in section 14(1)(g) and, after reasonable enquiries, it is not possible to ascertain the whereabouts of any member of the family, whanau, or family group of the child or young person to whom the application relates.

(3) Where, pursuant to any of paragraphs (a) to (ba) of subsection (2), an application for a declaration under section 67 is made without a family group conference having been held, the Registrar shall forthwith refer the application to,—

• (a) in the case of an application made on the ground specified in section 14(1)(e), a youth justice co-ordinator; or

• (b) in any other case, a care and protection co-ordinator—

for the purposes of convening a family group conference.

Where—

• (a) an application for a declaration that a child or young person is in need of care or protection is made on any of the grounds specified in paragraph (a) or paragraph (b) of section 14(1); and

• (b) the court is satisfied that, but for the failure of the evidence to establish that a parent or guardian of the child or young person or a person having the care of the child or young person is culpable in relation to the harm suffered by the child or young person, the grounds for making the declaration are made out,—

the court may find those grounds made out.

(1) Subject to subsection (2), the court shall not make a declaration under section 67 that a child or young person is in need of care or protection unless a family group conference has been held under this Part (or, in the case of an application on the ground specified in section 14(1)(e), under Part 4) in relation to the matter that forms the ground of the application.

(2) Nothing in subsection (1) applies in respect of any application to which section 70(2)(c) applies.

(3) Where an application is made to the court for a declaration under section 67, the court may, at any stage of the hearing of that application, on the application of any party to the proceedings or of its own motion, direct a care and protection co-ordinator to convene a family group conference in relation to the matter that forms the ground of the application.

(1) The court shall not make a declaration under section 67 that a child or young person is in need of care or protection unless it is satisfied that it is not practicable or appropriate to provide care or protection for the child or young person by any other means, including the implementation of any decision, recommendation, or plan made or formulated by a family group conference convened in relation to that child or young person.

(2) In deciding whether or not to make a declaration under section 67 that a child or young person is in need of care or protection on any of the grounds specified in paragraph (a) or paragraph (b) of section 14(1), the court shall take into account, among other things, any evidence before the court—

• (a) that the kind of harm suffered by the child or young person will neither continue nor be repeated:

• (b) that a parent or guardian or other person having the care of the child or young person will be capable of ensuring that the kind of harm suffered by the child or young person will be neither continued nor repeated.

(1) Where an application is made to the court for a declaration under section 67 in relation to a child or young person, the court may direct all or any of the following persons to participate in counselling of a nature specified by the court:

• (a) the child or young person in respect of whom the application is made:

• (b) any parent or guardian of the child or young person or any person having the care of the child or young person:

• (c) where the application is accompanied by or joined with an application for a restraining order or an interim restraining order, any person in respect of whose conduct that order or interim order is sought.

(2) Where a direction made under subsection (1) does not specify the person who is to undertake the counselling, the direction shall be referred to the Registrar of the court, and that Registrar shall, on receipt of the direction, refer to an appropriate counsellor the person or persons in respect of whom the direction is given.

(3) In determining, for the purposes of any direction made under subsection (1), the nature of the counselling and the person who is to carry out the counselling, the court or Registrar, as the case may be, shall have regard to the views of the person or persons in respect of whom that direction is given.

(1) Where a direction is made under section 74(1), the counsellor who is to undertake the counselling shall—

• (a) arrange to meet the person or persons in respect of whom the direction is given; or

• (b) by letter sent by post request that person or those persons to attend before the counsellor at a specified time and place—

for the purpose of the counselling.

(2) As soon as practicable after a direction is made under section 74, the person undertaking the counselling pursuant to that direction shall submit a written report to the court on the outcome of that counselling.

Any fees charged by any counsellor in respect of any counselling carried out pursuant to any direction made under section 74 shall, to the extent that those fees are reasonable, be paid out of a Crown Bank Account from money appropriated by Parliament for the purpose.

(1) No evidence shall be admissible in any court, or before any person acting judicially, of any information, statement, or admission disclosed or made to any person in the course of carrying out that person's functions as a counsellor pursuant to a direction made under section 74.

(2) Except to the extent that it is necessary for a counsellor to do so in the proper discharge of that person's functions, every person who acts as a counsellor pursuant to a direction made under section 74 commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who discloses to any other person any information, statement, or admission received by or made to that person in the exercise of that person's functions pursuant to such a direction.

(1) In any proceedings in a court under Part 2 in relation to a child or young person, the court may, on the application of any party to the proceedings, or a barrister or solicitor representing the child or young person, or of its own motion, make an order relating to the custody of the child or young person pending the determination of the proceedings.

(2) Without limiting the generality of subsection (1), the court may make an order under that subsection in relation to a child or young person in the following cases:

• (a) where the child or young person has been placed in the custody of the chief executive pursuant to section 39 or section 40 or section 42 and is brought before the court pursuant to section 45:

• (b) where the court is satisfied that the child or young person is in need of care or protection for the period of the order:

• (c) in the case of an application for a declaration under section 67 on the ground specified in section 14(1)(e), where—

  • (i) it is not possible to make suitable alternative arrangements for the custody of the child pending the determination of the application; or

  • (ii) it is in the public interest that the child be held in custody pending the determination of the application:

• (d) where the court has made a declaration under section 67 and has adjourned the proceedings pending their disposition:

• (e) where an application for a variation or discharge of any order (or the variation or discharge of any condition of any order) is made to the court under section 125, at any time before such application is finally disposed of:

• (f) where a report is furnished to the court pursuant to section 135, at any time before the court has completed its consideration of the report and accompanying revised plan under section 137.

(3) An order under subsection (1) may be made on such terms and conditions as the court thinks fit.

(1) An order made under section 78 may place a child or young person in the custody of any of the following persons:

• (a) the chief executive:

• (b) an iwi social service:

• (c) a cultural social service:

• (d) the director of a child and family support service:

• (e) any other person.

(2) The court shall not make an order under section 78 placing any child or young person in the custody of any person (other than the chief executive) unless that person consents to the making of the order.

Section 104, section 105 (other than paragraph (a), paragraph (b)(i), and paragraph (c) of subsection (1) of that section), section 106, and section 107, so far as applicable and with all necessary modifications, shall apply with respect to every order made under section 78 as if it were an order made under section 101.

(1) Where, pursuant to an order made under section 78, a child or young person is placed in the custody of any person (being the chief executive or an iwi social service or a cultural social service or the director of a child and family support service), that order is sufficient authority for that person to place the child or young person—

• (a) with a member of the child's or young person's family, whanau, or family group:

• (b) where the child or young person is placed in the custody of the chief executive, in a residence.

(2) Subject to subsection (1), the person in whose custody a child or young person is so placed may, from time to time, during the currency of the order, change the placement of the child or young person.

(1) This section applies where a child or young person is placed in the custody of the chief executive, an iwi social service, a cultural social service, or the director of a child and family support service pursuant to an order made under section 78.

(2) Subject to subsection (5), where this section applies, the person in whose custody the child or young person is placed may, at any time before the order expires or is discharged, if that person considers it appropriate to do so, return the child or young person to the custody of the parent or guardian or other person who had the care of the child or young person immediately before the order was made.

(3) The person so returning the child or young person may impose such conditions relating to the supervision of the child or young person as that person thinks fit.

(4) Subject to subsection (5), where,—

• (a) pursuant to subsection (2), a child or young person is returned to the custody of another person; and

• (b) at any time before the order made under section 78 expires or is discharged, the person so returning the child or young person considers that it is no longer desirable in the interests of the child or young person that he or she be in the custody of that other person,—

the person may direct that other person to return the child or young person to the custody of that person.

(5) No person shall—

• (a) return a child or young person to the custody of any other person pursuant to subsection (2); or

• (b) issue a direction under subsection (4) in relation to a child or young person—

without first consulting with the barrister or solicitor representing that child or young person.

(6) Where a person gives a direction under subsection (4),—

• (a) any social worker acting under the specific or general authority of that person may—

  • (i) remove the child or young person to whom the direction relates, using such force as is reasonably necessary for the purpose; and

  • (ii) place the child or young person with such person, or (where the person giving the direction is the chief executive) in such residence, as the person giving the direction thinks fit:

• (b) subsections (2) and (3) of section 105 shall apply, so far as applicable and with all necessary modifications, in relation to the removal of the child or young person pursuant to the direction.

(1) Where the court makes a declaration under section 67 relating to a child or young person, it may do 1 or more of the following things:

• (a) discharge the child or young person, or any parent or guardian or other person having the care of the child or young person, or both, from the proceedings without further order:

• (b) order that the child or young person, or any parent or guardian or other person having the care of the child or young person, or both, come before the court, if called upon within 2 years of the making of the order, so that the court may take further action under this section:

• (c) order 1 or more of the following persons to receive counselling from such person or persons, and subject to such conditions, as are specified by the court:

  • (i) the child or young person:

  • (ii) any parent or guardian or other person having the care of the child or young person:

  • (iii) any person in respect of whose conduct a restraining order or an interim restraining order was sought or made in the proceedings:

• (d) make a services order under section 86:

• (e) make a restraining order under section 87:

• (f) make a support order under section 91:

• (g) make a custody order under section 101:

• (h) make an order under section 110 appointing a guardian of the child or young person.

(2) Where the court makes an order under subsection (1)(c), sections 74 to 77 shall apply, with all necessary modifications, with respect to that order as if it were a direction made under section 74(1).

(1) Where the court makes a declaration under section 67 in relation to a child, and the declaration is made on the ground specified in section 14(1)(e), the court may, in addition to or instead of making any order referred to in section 83(1), make any 1 or more of the following orders:

• (a) an order admonishing the child:

• (b) where the court is satisfied that any person (other than the child) suffered—

  • (i) any emotional harm; or

  • (ii) any loss of or damage to property—

  through or by means of the child's offending, an order directing the child, or any parent or guardian of the child, to pay to the person who suffered the emotional harm or the loss of or damage to property such sum as it thinks fit by way of reparation:

• (c) an order directing the child, or any parent or guardian or other person having the care of the child, to deliver to the person who appears to the court to be entitled to it any property in the possession of the child or in the possession of any person for the child:

• (d) an order for the forfeiture of property to the Crown in any case where the forfeiture of that property would have been obligatory or could have been ordered under any enactment applicable to the offence if the child were an adult and had been convicted of an offence by a District Court.

(2) Any sum ordered to be paid pursuant to subsection (1)(b) in respect of the loss of or damage to property shall be limited to the cost of replacement or (as the case may require) the cost of repair, and shall not include any loss or damage of a consequential nature.

(3) No order shall be made under subsection (1)(b) against the chief executive or any other person who has been appointed to be a guardian of the child under section 110.

(4) No order shall be made under subsection (1)(b) in respect of the parent or guardian of the child unless that parent or guardian has been informed by the court of the proposal to make the order and has been given an opportunity to make representations to the court.

(1) Where the court makes an order under section 83(1)(b), the court may, at any time during the duration of the order, direct, on the application of—

• (a) a social worker; or

• (b) a constable; or

• (c) the applicant in the proceedings in which the order was made,—

the issue to the person in respect of whom the order was made of a summons, in a form prescribed for the purposes of this subsection by rules of court, to appear before the court.

(2) Where a person appears before the court on a summons issued under subsection (1), the court may consider the matter and after taking into account such factors as may be relevant since the making of the order, exercise any of the powers conferred on it under section 83 or section 84 except—

• (a) the power conferred by section 83(1)(b); and

• (b) where any power conferred by paragraph (b), paragraph (c), or paragraph (d) of section 84(1) was exercised in the first instance, any such power.

(1) Where the court makes a declaration under section 67 in relation to a child or young person, it may—

• (a) make an order directing the chief executive or any other person or organisation named in the order to provide such services and assistance as may be specified in the order for such period and on such terms and conditions as may be specified to a parent or guardian or other person having the care of the child or young person:

• (b) make an order directing the chief executive or any other person or organisation named in the order to provide such services and assistance as may be specified in the order for such period and on such terms and conditions as may be specified to the child or young person.

(2) The court shall not make an order under subsection (1) unless the chief executive (where the order is to be directed to the chief executive) or the person or organisation that would be required to provide services and assistance pursuant to the order (in any other case)—

• (a) is given notice of the court's intention to consider making the order; and

• (b) is given an opportunity to appear and be heard by the court before the order is made; and

• (c) subject to subsection (3), consents to the making of the order.

(3) An order directing the chief executive to provide services and assistance may be made under this section without the consent of the chief executive, but only if the court, after having regard to any reasons advanced on behalf of the chief executive as to why the order should not be made, is satisfied—

• (a) that requiring the chief executive to provide those services and assistance is not clearly impracticable; and

• (b) that the child or young person in respect of whom the court proposes to make an order under this section is in the care of a person or organisation clearly consistently with the principles set out in sections 5, 6, and 13.

Where an application is made to the court for a declaration under section 67 in relation to a child or young person, the court may, on application by the applicant, or a barrister or solicitor representing the child or young person, or of its own motion, make such an order as it is empowered to make under section 86 pending the determination of the application.

(1) Where the court makes a declaration under section 67 in relation to a child or young person, it may, on or at any time after making that declaration, make an order restraining any person named in the order from doing all or any of the following things:

• (a) residing with the child or young person:

• (b) using or threatening violence or causing or threatening to cause physical harm to the child or young person:

• (c) molesting the child or young person by watching or besetting the child's or young person's place of residence, work, or education, or by following or waylaying the child or young person in any public place within the meaning of section 2 of the Summary Offences Act 1981, or by contacting the child or young person in any way:

• (d) molesting any person with whom the child or young person is residing by watching or besetting that person's place of residence, work, or education, or by following or waylaying that person in any public place within the meaning of section 2 of the Summary Offences Act 1981, or by contacting that person in any way.

(2) Subject to any rules of court empowering the court to make an order under this section on an ex parte application, the court shall not make an order under this section restraining the conduct of any person unless that person has been informed by the court of the proposal to make the order and has been given an opportunity to make representations to the court.

Where an application is made to the court for a declaration under section 67 in relation to a child or young person, the court may, on application by the applicant, or a barrister or solicitor representing the child or young person, or of its own motion, make such an order as it is empowered to make under section 87 pending the determination of the application.

Every person commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months, or to a fine not exceeding $2,000, who does any act in contravention of a restraining order or an interim restraining order.

Where the court makes an order under section 87 or section 88 in relation to a child or young person, that order shall cease to have effect when that child or young person attains the age of 20 years or sooner marries or enters into a civil union.

(1) Where the court makes a declaration under section 67 in relation to a child or young person, it may make an order directing the chief executive or any other person or organisation named in the order to provide support to that child or young person for such period (not exceeding 12 months) as is specified in the order.

(2) The court shall not make an order under subsection (1) unless the chief executive (where the order is to be directed to the chief executive) or the person or organisation that would be required to provide support pursuant to the order (in any other case)—

• (a) is given notice of the court's intention to consider making the order; and

• (b) is given an opportunity to appear and be heard by the court before the order is made; and

• (c) subject to subsection (3), consents to the making of the order.

(3) An order directing the chief executive to provide support may be made under this section without the consent of the chief executive, but only if the court, after having regard to any reasons advanced on behalf of the chief executive as to why the order should not be made, is satisfied—

• (a) that requiring the chief executive to provide those services and assistance is not clearly impracticable; and

• (b) that the child or young person in respect of whom the court proposes to make an order under this section is in the care of a person or organisation clearly consistently with the principles set out in sections 5, 6, and 13.

Where an application is made to the court for a declaration under section 67 in relation to a child or young person, the court may, on application by the applicant, or a barrister or solicitor representing the child or young person, or of its own motion, make such an order as it is empowered to make under section 91 pending the determination of the application.

Where an order is made under section 91 or section 92 in relation to a child or young person, it is the duty of the chief executive (where the order is directed to the chief executive) or the person or organisation directed to provide support pursuant to the order (in any other case)—

• (a) to monitor the standard of care, protection, and control being provided to, or exercised over, that child or young person; and

• (b) to provide, or co-ordinate the provision of, such services and resources (including financial services and resources), whether from the community or otherwise, as will ensure that appropriate care, protection, and control are provided to, or exercised over, that child or young person.

Where, pursuant to section 91 or section 92, the chief executive is directed to provide support to a child or young person, the chief executive shall from time to time appoint a social worker to provide support to the child or young person on behalf of the chief executive.

Where the court makes an order under section 91 or section 92 directing a person or organisation specified in the order to provide support to a child or young person, the following conditions shall apply:

• (a) the social worker or person or organisation that is to provide the support may, at all reasonable times, visit and enter the building or place in which the child or young person is living:

• (b) the child or young person shall not reside at an address at which, or with a person with whom, that social worker or person or organisation has directed the child or young person not to reside:

• (c) every person—

  • (i) who is a parent or guardian or other person having the care of the child or young person; and

  • (ii) with whom the child or young person is residing—

  shall ensure that the social worker or person or organisation knows at all times of the address at which the child or young person is residing for the time being:

• (d) in the case of a child or young person in respect of whom a declaration is made on the ground specified in section 14(1)(d) or (e), the child or young person shall not associate with any specified person, or with persons of any specified class, with whom the social worker or person or organisation has, in writing, warned the child or young person not to associate.

(1) The court, in making an order under section 91 or section 92 directing a person or organisation to provide support to a child or young person, may, in its discretion, impose any or all of the following conditions:

• (a) in the case of a child or young person in respect of whom a declaration is made on the ground specified in section 14(1)(d) or (e),—

  • (i) that the child or young person shall not associate with any specified person or with persons of any specified class:

  • (ii) that the child or young person attend and remain at, for such weekday, evening, and weekend hours each week and for such number of months as the court thinks fit, any specified centre that is approved by the department and that conducts educational, recreational, instructional, cultural, or work programmes, or sporting activity, and take part in such activity as may be required by the person in charge of the centre:

  • (iii) in the case of a child in respect of whom a declaration is made on the ground specified in section 14(1)(e), such other conditions as the court thinks fit to reduce the likelihood of further offending by the child:

• (b) that the child or young person shall undergo any specified medical examination and treatment or any specified psychological or psychiatric examination, counselling, and therapy:

• (c) such conditions relating to the child's or young person's place of residence as the court thinks fit.

(2) The court shall not impose a condition under subsection (1)(a)(ii) without the consent of the child or young person.

(1) The court, in making an order under section 91 or section 92 directing any person or organisation to provide support to a child, or to a young person of or over the age of 14 years and under 16 years, may impose such conditions as the court thinks fit for the purpose of assisting any parent or guardian or other person having the care of the child or young person, or any other person residing with the child or young person, to carry out their duties and responsibilities and to promote co-operation between the parents or other persons, the child or young person, and the social worker or person or organisation that is to provide support to the child or young person.

(2) The court shall not impose any conditions under subsection (1) unless the parent or guardian or other person having the care of, or residing with, the child or young person has been given an opportunity to make representations to the court and the court has regard to those representations.

The court shall not impose any condition under section 96 or section 97 requiring any person to undergo any medical, psychiatric, or psychological examination or treatment, or any psychological or psychiatric counselling or therapy, unless consent to the examination, treatment, or counselling is given—

• (a) in the case of a child or young person under the age of 16 years—

  • (i) by a parent or guardian (not being the chief executive) of the child or young person; or

  • (ii) if there is no such parent or guardian in New Zealand or no such parent or guardian can be found with reasonable diligence or is capable of giving consent, by a person in New Zealand who has been acting in the place of a parent; or

  • (iii) if there is no person in New Zealand who has been so acting, or if no such person can be found with reasonable diligence or is capable of giving consent, by the court or the chief executive:

• (b) in the case of any other person, by that person.

Where, pursuant to section 91, any person or organisation is directed to provide support to a child or young person, that person or organisation shall, on the expiry of the period specified in the order, furnish to the court a report in writing containing an assessment of the effectiveness of the order, the child's or young person's response to it, and such other information as that person or organisation considers relevant.

(1) Where the court makes an order under section 91 or section 92 directing any person or organisation to provide support to a child or young person, the chief executive or that person or organisation may, in any case where the child or young person or a parent or guardian or other person having the care of, or residing with, the child or young person has failed to comply with a condition of the order (including any condition imposed under section 96 or section 97), apply to the court for a declaration that the child or young person or the parent or guardian or other person having the care of, or residing with, the child or young person has failed to comply with the condition.

(2) The court may, on any application under subsection (1), where it is satisfied that any child or young person or any parent or guardian or other person having the care of, or residing with, the child or young person has failed, without reasonable excuse, to comply with the condition of the order, make such a declaration and make any order under section 127 as if an application had been made under section 125 in relation to the order.

(3) Every application under this section shall be served on—

• (a) the child or young person to whom the order relates; and

• (b) any parent or guardian or other person having the care of the child or young person; and

• (c) if the application relates to any person residing with the child or young person, that person.

(1) Where the court makes a declaration under section 67 in relation to a child or young person, it may make an order placing that child or young person in the custody of any of the following persons for such period as may be specified in the order:

• (a) the chief executive:

• (b) an iwi social service:

• (c) a cultural social service:

• (d) the director of a child and family support service:

• (e) any other person.

(2) Any such order may be made on such terms and conditions as the court thinks fit.

(3) The court shall not make an order under subsection (1) placing any child or young person in the custody of any person (other than the chief executive) unless that person consents to the making of the order.

(1) Where the court makes a declaration under section 67, it may, instead of making a final order under section 101, make an interim custody order under that section.

(2) No interim custody order made pursuant to this section shall continue in force for more than 6 months after the date on which it is made.

(3) Where an interim custody order is made pursuant to this section, the court may, on application by any person who was the applicant in the proceedings in which the order was made, or any person on whom the application in those proceedings was served in accordance with section 152, or the person in whose custody the child or young person was placed,—

• (a) make 1 but only 1 further interim custody order under section 101; or

• (b) make a final order under that section; or

• (c) make such other order referred to in section 83(1) or section 84(1) as the court thinks fit; or

• (d) dismiss the application.

Where the court makes an order under section 101 placing a child or young person in the custody of the chief executive or an iwi social service or a cultural social service or the director of a child and family support service, it may impose such conditions as it thinks fit for the purpose of facilitating the return of the child or young person to the parents or guardians or other persons previously having the care of the child or young person.

(1) Where the court makes an order under section 101 placing a child or young person in the custody of any person,—

• (a) that person has the role of providing day-to-day care for the child or young person as if a parenting order had been made under section 48(1) of the Care of Children Act 2004 giving that person the role of providing day-to-day care for the child or young person; and

• (b) except to the extent that they are preserved by the court in any order made under section 121, all the rights, powers, and duties of every other person having custody of the child or young person shall be suspended and shall have no effect; and

• (c) for the purposes of section 92 of the Care of Children Act 2004,—

  • (i) the order constitutes an order about the role of providing day-to-day care for the child or young person; and

  • (ii) the person in whose custody the child or young person is placed is a person who, under the order, has the role of providing day-to-day care for the child or young person.

(2) Any custody order shall be sufficient authority for any constable or any social worker or any other person authorised in that behalf by the chief executive to place the child or young person to whom the order relates—

• (a) where the order places the child or young person in the custody of the chief executive, with such person, or in such residence, as the principal manager of the department for the area in which the court is situated may direct:

• (b) where the order places the child or young person in the custody of an iwi social service or a cultural social service, with such person as the convener of the social service directs:

• (c) where the order places the child or young person in the custody of the director of a child and family support service, with such person or in such residence as that director directs:

• (d) where the order places the child or young person in the custody of any other person, with that person.

(3) Any person authorised by subsection (2) to place any child or young person with any person or in any residence—

• (a) may use such force as is reasonably necessary for that purpose:

• (b) may exercise that authority from time to time in order to return the child or young person to that person or residence:

• (c) may, for the purpose of exercising that authority, exercise the powers conferred by section 105(2), and the provisions of subsections (2) and (3) of section 105 shall apply accordingly with all necessary modifications.

(1) Where the court makes an order under section 101 placing a child or young person in the custody of the chief executive,—

• (a) the chief executive may transfer the child or young person from one residence under this Act to any other residence under this Act:

• (b) any social worker, acting with the specific or general authority of the chief executive, may arrange for the child or young person—

  • (i) to be placed in any residence:

  • (ii) to be placed in any school or other institution that provides care or training or physical or mental health care:

  • (iii) to undertake employment or any training for employment:

• (c) any social worker, acting with the specific or general authority of the chief executive, may arrange for the child or young person to live temporarily with the parents or guardians or other person previously having the care of the child or young person or with any other person, on such terms and conditions as the social worker may specify:

• (d) any social worker, acting with the specific or general authority of the chief executive, may at any time cancel any arrangement made under paragraph (b) or paragraph (c) and, after any such cancellation, may remove the child or young person to a residence or to such other place as the social worker may decide, using such force as is reasonably necessary for that purpose.

(2) For the purpose of removing any child or young person pursuant to subsection (1)(d), a social worker may enter and search any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises, or place, with or without assistance and by force if necessary.

(3) The social worker exercising any powers under subsection (2) shall, on first entering any dwelling house, building, aircraft, ship, carriage, vehicle, premises, or place, and, if requested, at any subsequent time—

• (a) produce evidence of identity; and

• (b) disclose that those powers are being exercised under subsection (2).

(1) Where the court makes an order under section 101 placing a child or young person in the custody of an iwi social service or a cultural social service or the director of a child and family support service, the convener of the social service or the director of that support service, as the case may require,—

• (a) may from time to time direct that the child or young person be removed from the person with whom or the residence in which that child or young person was placed pursuant to section 104 and placed with some other person or in some other residence; and

• (b) may request any social worker or any constable to assist in carrying out any direction given under paragraph (a), and any social worker or constable so assisting may use such force as is reasonably necessary for that purpose.

(2) For the purposes of assisting in the carrying out of any direction given under subsection (1)(a), any social worker or constable may exercise the powers conferred by section 105(2), and the provisions of subsections (2) and (3) of section 105 shall apply accordingly with all necessary modifications.

Where—

• (a) the court makes an order under section 101 placing a child or young person in the custody of any person; and

• (b) the court has not made an order under section 121 granting any person access to the child or young person,—

the person in whose custody the child or young person is placed shall, subject to any order of any court, have the sole authority to decide whether, and on what terms and conditions (if any), any person is to have access to the child or young person.

Where the court makes an order under section 101 placing a child or young person in the custody of any person, that order shall cease to have effect when—

• (a) the order expires in accordance with section 102; or

• (b) the terms of the order expire; or

• (c) in the case of a young person, that young person attains the age of 17 years; or

• (d) in the case of a young person, that young person marries or enters into a civil union; or

• (e) the child or young person is adopted by any person other than a parent of the child or young person—

whichever first occurs.

Where an order made under section 101 placing a child or young person in the custody of any person expires, custody of the child or young person shall revert to the person having custody of the child or young person immediately before the order was made.

(1) Where the court makes a declaration under section 67 in relation to any child or young person, it may make an order appointing any of the following persons to be a guardian of the child or young person:

• (a) the chief executive:

• (b) an iwi social service:

• (c) a cultural social service:

• (d) the director of a child and family support service:

• (e) any other person.

(2) Subject to subsection (3), where the court makes an order under subsection (1) appointing any person to be a guardian of a child or young person, the court shall appoint that person to be—

• (a) the sole guardian of the child or young person; or

• (b) a guardian of the child or young person in addition to any other guardian.

(3) The court shall not make an order under subsection (1) appointing the director of a child and family support service as the sole guardian of a child or young person.

The court shall not make an order under section 110 appointing any person (other than the chief executive) as a guardian unless—

• (a) it gives notice of its intention to consider making the order to that person; and

• (b) that person is given an opportunity to appear and be heard by the court before the court makes such an order; and

• (c) that person consents to the making of the order.

Any order under section 110 appointing the chief executive as a guardian may specify that the appointment is for a particular purpose only.

Where the court makes an order under section 110 appointing the chief executive or an iwi social service or a cultural social service to be the sole guardian of a child or young person, it may impose such conditions as it thinks fit for the purpose of facilitating the return of the child or young person to the parents or guardians or other persons previously having the care of the child or young person.

(1) Where the court makes an order under section 110 appointing any person as a guardian of any child or young person (whether as sole guardian or as a guardian in addition to any other person),—

• (a) that person shall be a guardian of that child or young person as if that person had been appointed under section 27 of the Care of Children Act 2004; and

• (b) if the child or young person is, at the time of the making of the order, under the guardianship of the court under an order made under the Care of Children Act 2004, that guardianship is suspended during the time when the person appointed under section 110 is the guardian (subject to section 117(2)).

(2) Where the court makes an order under section 110 appointing any person as the sole guardian of any child or young person,—

• (a) except to the extent that they are preserved by any other order made under this Act, all of the rights, powers and duties of every other person who is the guardian of that child or young person, or who may become a guardian during the time when the person appointed under that section is the guardian, shall be suspended and shall have no effect; and

• (b) for the purposes of section 92 of the Care of Children Act 2004,—

  • (i) the order constitutes an order about the role of providing day-to-day care for the child or young person; and

  • (ii) the person in whose custody the child or young person is placed is a person who, under the order, has the role of providing day-to-day care for the child or young person; and

• (c) subject to any custody order made by the court under section 101, the child or young person shall be deemed to have been placed in the custody of that person pursuant to that section, and the provisions of sections 104 to 107, so far as applicable and with all necessary modifications, shall apply accordingly.

Where—

• (a) pursuant to section 110, any person is appointed as guardian of a child or young person in addition to any other guardian; and

• (b) those guardians are unable to agree on any matter concerning the exercise of their guardianship,—

any of those guardians may apply to the court for its direction, and the court may make such order relating to the matter as it thinks fit.

(1) For the purposes of this section young person means a boy or girl of or over the age of 14 years but under 20 years.

(2) Where—

• (a) a young person is affected by a decision or by a refusal of consent by a guardian appointed under section 110; and