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

7 Section 2 amended (Interpretation)

(1)

In section 2(1), insert in their appropriate alphabetical order:

care or protection order means 1 or more of the following:

(a)

an interim custody order described in section 78(1) or (1A):

(b)

an order described in section 83(1)(a):

(c)

an order described in section 83(1)(b):

(d)

an order described in section 83(1)(c):

(e)

a services order under section 86:

(f)

an interim services order under section 86A:

(g)

a restraining order under section 87:

(h)

an interim restraining order under section 88:

(i)

a support order under section 91:

(j)

an interim support order under section 92:

(k)

a custody order under section 101:

(l)

an order under section 110 appointing a guardian of a child or young person:

(m)

an interim guardianship order under section 110AA

child welfare and protection agency means—

(a)

the department:

(b)

the Department of Corrections:

(c)

the Ministry of Health:

(d)

the Ministry of Social Development:

(e)

the Ministry of Education:

(f)

the Ministry of Justice:

(g)

the New Zealand Police:

(h)

Housing New Zealand Corporation:

(i)

every registered community housing provider (as defined in section 2(1) of the Housing Restructuring and Tenancy Matters Act 1992):

(j)

every DHB:

(k)

every school board (as defined in section 15(1) of the Vulnerable Children Act 2014):

(l)

every early childhood service (as defined in section 309 of the Education Act 1989):

(m)

any person, body, or organisation that provides regulated services (as specified in Schedule 1 of the Vulnerable Children Act 2014):

(n)

any organisation or class of organisation designated as a child welfare and protection agency by regulations made under section 447(1)(ga)(i)

delegate includes a subdelegate

DHB means an organisation established as a DHB (that is to say, as a district health board) by or under section 19 of the New Zealand Public Health and Disability Act 2000

held, in relation to information, includes—

(a)

deemed, for the purposes of the Official Information Act 1982, to be held (see section 2(4) and (5) of that Act):

(b)

held by officers or employees or members of organisations or entities that are not subject to the Official Information Act 1982

independent person means—

(a)

a practitioner registered under the Health Practitioners Competence Assurance Act 2003 who provides health or disability support services:

(b)

a children’s worker (as defined in section 23(1) of the Vulnerable Children Act 2014):

(c)

a person or class of persons designated as an independent person by regulations made under section 447(1)(ga)(ii)

iwi authority means the authority that represents an iwi and that is recognised by the iwi as having authority to do so

mana tamaiti (tamariki) means the intrinsic value and inherent dignity derived from a child’s or young person’s whakapapa (genealogy) and their belonging to a whānau, hapū, iwi, or family group, in accordance with tikanga Māori or its equivalent in the culture of the child or young person

tikanga Māori means Māori customary law and practices

UNCROC means the United Nations Convention on the Rights of the Child

well-being, in relation to a child or young person, includes the welfare of that person

whakapapa, in relation to a person, means the multi-generational kinship relationships that help to describe who the person is in terms of their mātua (parents), and tūpuna (ancestors), from whom they descend

whanaungatanga, in relation to a person, means—

(a)

the purposeful carrying out of responsibilities based on obligations to whakapapa:

(b)

the kinship that provides the foundations for reciprocal obligations and responsibilities to be met:

(c)

the wider kinship ties that need to be protected and maintained to ensure the maintenance and protection of their sense of belonging, identity, and connection

youth justice residence has the same meaning as in section 365(4).

(2)

In section 2(1), replace the definition of child with:

child means a person under the age of 14 years

(3)

In section 2(1), definition of young person, repeal paragraph (e).

(4)

In section 2(1), replace the definition of young person with:

young person means a person of or over the age of 14 years but under 18 years and also has an extended meaning that includes some young adults for certain purposes under section 386AAA

(5)

In section 2(1), replace the definition of youth advocate with:

youth advocate means a barrister or solicitor appointed under section 248A or 323 to represent a child or young person

(6)

In section 2(2)(c) and (d), replace “18 years” with “19 years”.