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

17 Section 14 replaced (Definition of child or young person in need of care or protection)

Replace section 14 with:

14 Definition of child or young person in need of care or protection

(1)

A child or young person is in need of care or protection if—

(a)

the child or young person is suffering, or is likely to suffer, serious harm—

(i)

in the circumstances described in section 14AA(1); or

(ii)

having regard to the circumstances described in section 14AA(2); or

(b)

the parents or guardians or the persons who have the care of the child or young person are unable to care for the child or young person; or

(c)

the child is a subsequent child of a parent to whom section 18A applies and the parent has not demonstrated to the satisfaction of the chief executive (under section 18A) or the court (under section 18A(4)(a) or 18C) that the parent meets the requirements of section 18A(3); 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 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 the age of 14 years, the child has committed an offence or offences of sufficient number, nature, or magnitude to cause serious concern for the well-being of the child.

(2)

Subsection (1)(a) must be applied in conjunction with section 14AA (which describes the circumstances in which a child or young person is suffering, or is likely to suffer, serious harm).

Compare: 1974 No 72 s 27(2); 1977 No 126 s 7(1)

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

(1)

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

(a)

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

(b)

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

(2)

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

(a)

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

(b)

the child or young person has been exposed to domestic violence (within the meaning of section 3 of the Domestic Violence Act 1995):

(c)

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

(d)

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

(3)

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

(a)

an incident; or

(b)

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

(c)

the co-existence of different circumstances.