Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017

  • not the latest version
  • A correction has been made to section 41 on 7 August 2017 under section 25(1)(j)(iii) of the Legislation Act 2012.
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Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017

Public Act
 
2017 No 31
Date of assent
 
13 July 2017
Commencement
 
see section 2

Contents

1Title
2Commencement
3Principal Act
4Long Title repealed
5Name of principal Act changed
6Section 1 amended (Short Title and commencement)
7Section 2 amended (Interpretation)
8Part 1 heading amended
9Section 4 and cross-heading replaced
4Purposes
10New section 4A inserted (Well-being and best interests of child or young person)
4AWell-being and best interests of child or young person
11Section 5 replaced (Principles to be applied in exercise of powers conferred by this Act)
5Principles to be applied in exercise of powers under this Act
12Section 6 repealed (Welfare and interests of child or young person paramount)
13Section 7 amended (Duties of chief executive)
14New section 7AA inserted (Duties of chief executive in relation to Treaty of Waitangi (Tiriti o Waitangi))
7AADuties of chief executive in relation to Treaty of Waitangi (Tiriti o Waitangi)
15Section 11 amended (Child’s or young person’s participation and views)
16Section 13 amended (Principles)
17Section 14 replaced (Definition of child or young person in need of care or protection)
14Definition of child or young person in need of care or protection
14AACircumstances in which child or young person is suffering, or is likely to suffer, serious harm
18Section 15 replaced (Reporting of ill-treatment or neglect of child or young person)
15Reporting of concerns to chief executive or constable
19Section 16 amended (Protection of person reporting ill-treatment or neglect of child or young person)
20Section 17 amended (Investigation of report of ill-treatment or neglect of child or young person)
21New section 18AAA inserted (Chief executive may make family group conference available in certain circumstances)
18AAAChief executive may make family group conference available in certain circumstances
22Section 18 amended (Referral of care or protection cases to care and protection co-ordinator or youth justice co-ordinator by social workers or constables)
23Section 18A amended (Assessment of parent of subsequent child)
24Section 18B amended (Person described in this section)
25Section 18C amended (Confirmation of decision not to apply for declaration under section 67)
26Section 18D amended (Court declining to confirm decision)
27Section 19 amended (Referral of care or protection cases to care and protection co-ordinator by other persons or by court)
28Section 21 amended (Care and protection co-ordinator to consult family, whanau, or family group on convening of family group conference)
29Section 22 amended (Persons entitled to attend family group conference)
30Section 26 amended (Procedure of family group conference)
31Section 28 amended (Functions of family group conference)
32Section 29 amended (Family group conference may make decisions and recommendations and formulate plans)
33Section 30 amended (Care and protection co-ordinator to seek agreement to decisions, recommendations, and plans of family group conference)
34Section 34 amended (Chief executive to give effect to decisions, recommendations, and plans of family group conference)
35Section 35 amended (Police to comply with decisions, recommendations, and plans of family group conference)
36Section 40 amended (Warrant to remove child or young person)
37Section 46 amended (Powers of court where application made under section 44 or child or young person brought before court under section 45)
38Section 48 amended (Unaccompanied children and young persons)
39Section 59 amended (Application for production of documents relevant to investigation of whether child or young person in need of care or protection)
40Section 61 amended (Court may order document to be produced)
41Section 66 replaced (Government departments may be required to supply information)
65APurpose of information sharing and principle for information sharing decisions
66Agencies to supply information
66ADisclosure of information obtained under section 66
66BRestrictions on disclosure of information under section 66A
66CUse and disclosure of personal information relating to child or young person or classes of children or young persons
66DPublic notification of information about combined datasets
66EApplication of sections 66F to 66J
66FDefinitions
66GRequests for information by authorised child welfare and protection agencies or authorised independent persons from other authorised child welfare and protection agencies or authorised independent persons
66HDuty of child welfare and protection agency or independent person receiving request under section 66G
66IWhen request under section 66G may be declined
66JReasons for declining request
66KConsultation to be undertaken when information is requested or proposed to be disclosed under section 66C or 66H
66LPurpose of Code for information sharing
66MConsultation on draft Code by Minister
66NApproval of draft Code by Minister
66OApplication of Legislation Act 2012 to Code
66PAmendments to Code
66QRelationship with other enactments
42Section 67 repealed (Grounds for declaration that child or young person is in need of care or protection)
43Section 68 amended (Application for declaration that child or young person is in need of care or protection)
44Section 69 amended (Joint applications)
45Section 70 amended (No application to be made unless family group conference has been held)
46Section 71 amended (Court may make declaration in absence of proof of responsibility for neglect or ill-treatment of child or young person)
47Section 72 amended (Court not to make declaration unless family group conference held)
48Section 73 amended (Court not to make declaration unless satisfied that child’s or young person’s need for care or protection cannot be met by other means)
49Section 74 amended (Court may require parties to undergo counselling)
50Section 78 amended (Custody of child or young person pending determination of proceedings)
51Cross-heading above section 83 replaced
52Section 83 amended (Orders of court on making of declaration)
53Section 84 amended (Power to make other orders where declaration made on ground of child’s offending)
54Section 86 amended (Services orders)
55Section 86A amended (Interim services orders)
56Section 87 amended (Restraining orders)
57Section 88 amended (Interim restraining orders)
58Section 91 amended (Support orders)
59Section 92 amended (Interim support orders)
60Section 95 amended (Conditions of support order or interim support order)
61Section 96 amended (Power of court to impose additional conditions)
62Section 101 amended (Custody orders)
63Section 102 amended (Interim custody orders)
64Section 110 amended (Guardianship orders)
65New section 110AA inserted (Interim guardianship orders)
110AAInterim guardianship orders
66Section 110A amended (Application for change of guardianship order)
67Section 121 amended (Court may make orders for access and exercise of other rights by parents and other persons)
68Section 125 amended (Application for variation or discharge of orders made under this Part)
69Section 127 amended (Court may vary or discharge order)
70Section 128 amended (Court to obtain and consider plan for child or young person before making certain orders)
71Section 129 amended (Court to direct who is to prepare plan)
72Section 130 amended (Content of plans)
73Section 131 amended (Adjournment for purposes of obtaining plan)
74Section 132 amended (Access to plans)
75Section 135 amended (Review of plan)
76Sections 141 and 142 repealed
77Section 143 amended (All parents or guardians not required to be party to agreement)
78Section 144 amended (Agreement not to be made without consent of child or young person)
79Section 145 amended (Agreement not to be made without approval of family group conference)
80Section 146 amended (Form and terms of agreements)
81Section 147 amended (Further restrictions on making of agreements)
82Section 148 amended (Effect of agreements)
83Section 149 amended (Agreement may provide for consent to medical treatment)
84Section 152 amended (Service of application for declaration)
85Section 153 amended (Notice of application for declaration to be given to child or young person)
86Section 154 amended (Service of application for variation or discharge of order)
87Section 158 amended (Applications may be heard together)
88Section 170 amended (Calling of mediation conference)
89Section 185 amended (Sections to have effect in place of sections 38 to 44 of Criminal Procedure (Mentally Impaired Persons) Act 2003)
90Section 186 amended (Report by social worker)
91Section 187 amended (Cultural and community reports)
92Section 198 amended (Special provisions applying to applications for declaration on ground of child’s offending)
93Section 199 amended (Power of court to call witnesses)
94Section 200 amended (Court to ensure that application for declaration that child or young person in need of care or protection dealt with promptly)
95Section 205 amended (Preventing removal of child or young person from New Zealand)
96Section 206 amended (Offence to take child or young person out of New Zealand where proceedings pending)
97Section 206B amended (Power to dismiss proceedings)
98Section 207E amended (Chief executive to have regard to certain matters)
99Section 207M amended (Court to have regard to certain matters)
100Section 207S amended (Court to have regard to certain matters)
101Section 208 amended (Principles)
102New section 208A inserted (Child or young person subject to youth justice jurisdiction only until allegations of offending dealt with)
208AChild or young person subject to youth justice jurisdiction only until allegations of offending dealt with
103Section 238 amended (Custody of child or young person pending hearing)
104Section 239 amended (Restrictions on power of court to order child or young person to be detained in custody)
105Section 241 amended (Review of orders made under section 238)
106Section 242 amended (Order under section 238 sufficient authority for detention of child or young person)
107Section 246 amended (Procedure where young person arrested and brought before court)
108New section 248A inserted (Chief executive to appoint youth advocate to represent child or young person if offence punishable by imprisonment of 10 years or more)
248AChief executive to appoint youth advocate to represent child or young person if offence punishable by imprisonment of 10 years or more
109Section 250 amended (Consultation on convening of family group conference)
110Section 256 amended (Procedure at family group conference)
111Section 258 amended (Functions of family group conference)
112Section 260 amended (Family group conference may make decisions and recommendations and formulate plans)
113Section 272 amended (Jurisdiction of Youth Courts and children’s liability to be prosecuted for criminal offences)
114Section 273 amended (Manner of dealing with offences (other than murder or manslaughter))
115Section 275 amended (Manner of dealing with offence of murder or manslaughter, or where jury trial to be held)
116New section 276A inserted (Transfer of proceeding back to Youth Court)
276ATransfer of proceeding back to Youth Court
117Section 280 amended (Court may refer case to care and protection co-ordinator to determine whether matter should be dealt with under Part 2)
118Section 280A amended (Court may refer case to person who commenced proceeding to be dealt with as child offending care or protection proceeding under Part 2)
119Section 284 amended (Factors to be taken into account on sentencing)
120Section 296 amended (Expiry of orders)
121Section 316 amended (Court may cancel supervision with residence order if young person absconds)
122Section 323 amended (Appointment of youth advocate to represent child or young person)
123Section 361 amended (Application of sections 362, 364, 365, 387, 390 to 392, 394, and 395)
124Section 363 amended (Payment to person or organisation providing care)
125Section 364 amended (Authority to establish residences)
126Section 365 amended (Chief executive may place children and young persons in residences)
127Cross-heading above section 386A replaced
128New sections 386AAA to 386AAG inserted
386AAAInterpretation
386AABPurposes
386AACPrinciples to be applied when assisting young person to move to independence
386AADYoung persons entitled to live with caregiver up to age of 21 years
386AAEProviding support to young persons to negotiate support arrangements and monitoring of support arrangements
386AAFRole of caregivers under support arrangements
386AAGFinancial assistance for support arrangements
129Section 386A replaced (Advice and assistance for people moving from care to independence)
386AAdvice and assistance for young persons up to age of 25 years
386BProvision of advice and assistance by chief executive
130New section 386C inserted (Chief executive to maintain contact with young persons up to age of 21 years)
386CChief executive to maintain contact with young persons up to age of 21 years
131Section 403 amended (Approval of Community Services)
132Section 405 amended (Revocation of approval)
133New sections 445E and 445F and cross-heading inserted
445ELimit on proceedings
445FLimitation on liability
134Section 447 amended (Regulations)
135New section 447A inserted (Minister to appoint persons to monitor compliance with prescribed standard of care)
447AMinister to appoint independent persons to monitor compliance with prescribed standard of care
136New section 448B and cross-heading inserted
448BPeriodic review of legislation, government policy, and other arrangements
137Amendments to principal Act to replace gendered references with gender-neutral references
138Schedule 1AA amended
4New definition of young person not to apply to criminal proceedings underway at commencement date
5Protections for young persons aged 17 years in criminal investigations
6Application of complaints mechanism
7Previous definition of child or young person in need of care or protection applies to proceedings underway
8Application of sections 17(2A), 18AAA, 21(2), and 30(1)(aaa)
9Determinations under section 18B(2)(c)
10Information sharing
11Applications for declaration made under section 68 before commencement date to be determined under previous provisions
12When custody order ceases to have effect
13Agreements for extended care of severely disabled children and young persons and agreements with persons providing residential disability care
14Youth justice principles
15Review of detention of young persons in residence or Police custody
16Consideration of restorative justice actions by Family Group Conferences
17Factors to be taken into account on sentencing
18Moving to independence
19References to Children, Young Persons, and Their Families Act 1989
139Schedule 1 amended
140New Schedule 1A inserted
141Amendments to Criminal Procedure Act 2011
142Section 174 amended (Remand of defendant under 17 years for assessment report)
143Section 175 amended (Remand of defendants aged 17 to 20 years)
144New section 380A inserted (Transfer of proceedings commenced in Youth Court back to Youth Court in certain circumstances)
380ATransfer of proceedings commenced in Youth Court back to Youth Court in certain circumstances
145Amendments to Income Tax Act 2007
146Section CW 33 amended (Allowances and benefits)
147Amendment to Social Security Act 1964
148Section 3 amended (Interpretation)
149Consequential amendments to Acts and legislative instruments
150Repeal of and amendments to enactments
Legislative history
Administrative information

The Parliament of New Zealand enacts as follows: