(1) Every child or young person in a residence is entitled to be afforded a high standard of professional care consistent with—

• (a) the National Code of Practice; and

• (b) the principles in sections 5 and 6, and, as appropriate, either section 13 or section 208, of the Act; and

• (c) any plan approved by a court for the child or young person under—

  • (i) section 128 or section 135 of the Act; or

  • (ii) section 335 of the Act; and

• (d) in the absence of any such plan, any plan for the care of the child or young person—

  • (i) made or formulated by a family group conference under the Act; and

  • (ii) that the chief executive is required to give effect to under section 34 or section 268 of the Act; and

• (e) a care plan for the child or young person formulated in accordance with subclause (2).

(2) The manager shall ensure that, for every child or young person in a residence (other than one who is likely to be in the residence for less than 5 days), there is formulated a plan for the care of the child or young person while he or she is in the residence.

(3) Every care plan formulated in respect of a child or young person shall—

• (a) be prepared in consultation with,—

  • (i) the child or young person; and

  • (ii) where practicable, the parent or guardian (other than the chief executive) of the child or young person, or the person who would otherwise have the care of the child or young person:

• (b) specify the objectives sought to be achieved for the child or young person while in the residence:

• (c) contain details of the services and assistance and the programmes to be provided for the child or young person while in the residence:

• (d) state the responsibilities of the child or young person:

• (e) state personal objectives for the child or young person:

• (f) state details of the contacts the child or young person ought to have with members of the child's or young person's family, whanau, or family group and how those contacts will be achieved:

• (g) contain such other matters relating to the education, employment, recreation, and welfare of the child or young person as are relevant.

(1) The manager of every residence shall ensure that the following matters are explained from time to time to every child or young person in the residence:

• (a) the provisions of these regulations and sections 384A to 384K of the Act:

• (b) the rules of the residence, and any punishments or sanctions that may be imposed for a breach of those rules:

• (c) the grievance procedure operative in the residence for dealing with complaints by children or young persons in the residence, and the means by which a complaint may be lodged under that procedure:

• (d) the provisions of the care plan formulated in respect of the child or young person.

(2) The explanation required by subclause (1) shall be given to a child or young person,—

• (a) except for the explanation required by subclause (1)(d), on the admission of the child or young person to the residence; and

• (b) from then on, at intervals of not more than 1 month; and

• (c) at any other time, if the child or young person so requests.

(3) The explanation required by subclause (1) shall be given in such language (including a language other than English), and in such a manner, as is appropriate in the circumstances, having due regard to—

• (a) the age of the child or young person; and

• (b) his or her—

  • (i) ethnic or cultural background; and

  • (ii) capacity to understand what is being explained.

(4) A copy of the rules of the residence and the grievance procedure operative in the residence shall be given to a child or young person on the admission of the child or young person to the residence.

(5) A copy of these regulations and a copy of sections 384A to 384K of the Act shall be kept in every residence, and shall be made available for inspection by any child or young person in the residence, or any other person visiting the residence, who so requests.

(6) The manager of every residence shall ensure that there is displayed prominently in a public area of the residence—

• (a) a notice referring to the existence of these regulations and sections 384A to 384K of the Act, and to their availability for inspection on request; and

• (b) a copy of the rules of the residence; and

• (c) a copy of the grievance procedure operative in the residence.

(1) Subject to subclause (2), every child or young person in a residence is entitled to use his or her own personal effects and other articles for his or her own entertainment or recreation.

(2) Any member of staff of the residence may seize any personal effect or other article belonging to, or in the possession of, any child or young person in that residence if that member of staff believes, on reasonable grounds, that the personal effect or article—

• (a) could be harmful to that child or young person or to any other person in that residence; or

• (b) is being used in a manner or to an extent that is not consistent with the comfort and convenience of others; or

• (c) may not lawfully be possessed by that child or young person; or

• (d) could unreasonably interfere with—

  • (i) the management or security of the residence; or

  • (ii) any behaviour management programme or treatment programme applied to the child or young person.

(3) Any personal effect or article seized pursuant to subclause (2) that is of the kind referred to in paragraph (a) or paragraph (c) of that subclause may, after consultation with the child or young person,—

• (a) subject to subclause (4), be destroyed, if the manager so directs; or

• (b) be handed to a constable; or

• (c) be dealt with under subclause (5); or

• (d) be sent or delivered to the child's or young person's parent or guardian or any other person previously having the care of the child or young person.

(4) No direction given pursuant to subclause (3)(a) to destroy any personal effect or article shall be carried out,—

• (a) unless the child or young person from whom it is seized is informed—

  • (i) of that direction; and

  • (ii) of the child's or young person's right to make a complaint about that direction under the grievance procedure; and

• (b) until the child or young person has had a reasonable opportunity to make such a complaint; and

• (c) if the child or young person makes such a complaint, until that complaint is determined or is sooner withdrawn.

(5) Any personal effect or article seized pursuant to subclause (2) shall, unless otherwise disposed of under subclause (3), be retained in the residence and returned to the child or young person—

• (a) when he or she is discharged from the residence; or

• (b) at such earlier time as the member of staff concerned, or the manager, thinks fit.

(6) Where any personal effect or article is seized by any member of staff of a residence pursuant to subclause (2), that member of staff shall record the details of the seizure, and the action taken, in the daily log.

(1) Subject to subclauses (5) to (7), every child or young person in a residence is entitled—

• (a) to wear his or her own clothes if those clothes are adequate and suitable; and

• (b) to wear his or her own articles of adornment.

(2) Every child or young person in a residence who does not have adequate and suitable clothes of his or her own shall be provided with adequate and suitable clothes to wear in the residence and on discharge from the residence.

(3) In determining, for the purposes of subclauses (1)(a) and (2), whether clothes are adequate and suitable for any particular child or young person, due regard shall be had to the personal preferences of that child or young person as to the style of clothes he or she wishes to wear.

(4) The clothes of any child or young person admitted to a residence may be removed, inspected, and, if necessary, cleaned before being returned to that child or young person.

(5) A child or young person in a residence may be required, during school hours, and at school functions outside school hours at which the wearing of school uniforms is required by the school,—

• (a) to wear the school uniform of any school that he or she attends while at the residence; and

• (b) to abide by the rules of that school in relation to the wearing of articles of adornment.

(6) Subclauses (2) to (6) of regulation 5 shall apply to any article of adornment belonging to or in the possession of a child or young person in the same manner and to the same extent as those subclauses apply to any other personal effects.

(7) No child or young person who is in secure care in a residence shall be required to wear any particular uniform, item of clothing, or other thing, which identifies that child or young person as being in secure care.

(1) Subject to section 384E of the Act, no child or young person in a residence shall be required to be naked in the presence of any member of staff of the residence or any other person for any purposes other than—

• (a) to undergo an examination by a medical practitioner or a nurse; or

• (b) to enable that member of staff or other person to assist the child or young person to wash, perform bodily functions, and generally attend to the daily needs of that child or young person, where that child or young person is unable to attend to those matters unaided.

(2) Except where it is necessary to secure the safety of any child or young person, no child or young person in a residence shall be required to use a toilet in the presence of any other person.

(3) Where a child or young person in a residence is required to be naked, or to use a toilet, in the presence of a member of staff,—

• (a) where practicable, that member of staff shall be of the same sex as the child or young person; and

• (b) subject to subclause (4), details of that requirement shall be recorded in the daily log.

(4) Nothing in subclause (3)(b) applies where the requirement is of a kind that is—

• (a) permitted by subclause (1)(b) or subclause (2); and

• (b) contemplated by, and set out in, the child's or young person's care plan.

(1) No child or young person in a residence shall be required to eat meals separately from other children and young persons in that residence, unless the child or young person—

• (a) needs to eat separately on account of illness or injury; or

• (b) is in secure care and is confined to any room pursuant to regulation 48.

(2) Any requirement that a child or young person in a residence eat separately from other children or young persons in the residence shall be recorded in the daily log.

(1) Any direction, order, or other instruction given to any child or young person in a residence by any member of staff of the residence shall, where practicable, be given in words, and, except where it is necessary or appropriate that it be given in writing, shall be given orally.

(2) Nothing in subclause (1) prevents the use of any picture or graphic display for the purposes of explanation or instruction, including any explanation required to be given to any child or young person pursuant to regulation 4 or regulation 17(3) or regulation 18(4) or section 384F of the Act.

(1) Subject to subclauses (2) to (4), every child or young person in a residence shall be permitted at all reasonable times to receive visits from, and to communicate freely and (at the discretion of the manager) in private with, the following persons:

• (a) any parent or guardian of that child or young person, or any person who would otherwise have the care of that child or young person:

• (b) the members of the whanau or other culturally recognised family group of that child or young person:

• (c) any person with whom that child or young person has formed a significant psychological attachment:

• (d) any person in whose favour an order has been made under section 121 or section 313 of the Act granting access to that child or young person:

• (e) the minister of religion, medical practitioner, psychologist, barrister or solicitor, or social worker, or any teacher, of that child or young person:

• (f) any barrister or solicitor appointed under section 159 of the Act to represent the child or young person:

• (g) any lay advocate appointed under section 163 or section 326 of the Act for the child or young person:

• (h) any youth advocate appointed to represent the child or young person:

• (i) any barrister or solicitor appointed under section 160 of the Act to assist the court in any proceedings relating to the child or young person:

• (j) any care and protection co-ordinator or youth justice co-ordinator:

• (k) any Ombudsman, or any member of staff of the Office of the Ombudsman:

• (l) a Human Rights Commissioner, the Privacy Commissioner, the Children's Commissioner, the Health and Disability Commissioner, or any member of staff of their respective offices:

• (m) any person involved in the operation of the grievance procedures established within the residence, including—

  • (i) an advocate nominated or appointed under regulation 16; and

  • (ii) any member of the grievance panel; and

  • (iii) any person conducting an investigation into a complaint made by the child or young person under the grievance procedure:

• (n) any other person, unless visits from that person, or communication with that person, or both, are for the time being prohibited by the manager.

(2) In exercising the discretion referred to in subclause (1), the manager shall allow the child or young person to communicate with any such person in private, unless the manager is satisfied that there is a good reason for not allowing such private communication.

(3) A child or young person shall not be permitted to receive visits from, or to communicate with, a person if contact with the child or young person would contravene the terms of any order made by any court of competent jurisdiction that prevents or restricts that person from having access to, or contact with, the child or young person.

(4) For the purposes of this regulation, to communicate includes to communicate by telephone, but nothing in this regulation requires the department to meet—

• (a) the costs of any telephone call made to a child or young person in a residence; or

• (b) any costs other than the costs of any telephone call made by a child or young person in a residence, where the telephone call—

  • (i) is made with the approval of the manager; and

  • (ii) is of a reasonable duration, as determined by the manager.

(5) The details of any refusal to permit a child or young person to communicate in private with any person, or to permit a child or young person to receive a visit from, or to communicate with, or to meet the costs of any telephone call to, any person, pursuant to this regulation, and the reasons for that refusal, shall—

• (a) be given orally and, where practicable, in writing,—

  • (i) in the case of a refusal given to a child or young person in a residence, to that child or young person; and

  • (ii) in the case of a refusal given to any other person, to that person; and

• (b) be recorded in the daily log.

(1) Subject to subclause (3) and to section 384B of the Act, every child or young person in a residence shall be permitted to send and to receive unopened mail.

(2) Every child or young person in a residence shall be provided with such materials (including the means to pay for postage), and such assistance, as may reasonably be necessary to enable the child or young person to exercise the right conferred by subclause (1).

(3) Nothing in subclause (2) requires the department to make available to any child or young person in a residence any computer or facsimile device for the purpose of sending or receiving any mail.

(4) The manager may intercept any mail intended to be sent by a child or young person in a residence and return it unopened to the child or young person, and shall also advise the child or young person of the reason for returning it, if that mail is addressed to a person—

• (a) with whom a court has ordered the child or young person not to associate; or

• (b) who is subject to an order or an interim order made under section 87 or section 88 of the Act restraining that person's conduct in respect of that child or young person; or

• (c) whom the manager believes on reasonable grounds to be a person with whom it is undesirable for the child or young person to associate; or

• (d) who was a victim of—

  • (i) an offence proved to have been committed by the child or young person; or

  • (ii) admitted or proven behaviour of the child or young person that would constitute an offence.

(5) Subclause (4) does not apply to any mail addressed to a person referred to in any of paragraphs (e) to (m) of regulation 10(1).

(6) The manager shall ensure that a record is made in the daily log of the details of the interception of any mail under subclause (4).

Every child or young person in a residence shall have access to adequate legal, recreational, spiritual, and social services and facilities, having regard to the culture and background of that child or young person.

(1) Every child or young person in a residence shall, where practicable, have access for not less than 5 hours per day (except on a Saturday, a Sunday, or on any day on which State schools in the district are normally closed),—

• (a) in the case of children and young persons of school age, to educational activities both inside and outside the residence; or

• (b) to vocational training opportunities outside the residence; or

• (c) in the event that no such activities or opportunities are available, to regular, structured, learning activities facilitated by members of the staff of the residence.

(2) Every child or young person in a residence has the right to participate in regular social, recreational, sporting, and cultural activities for not less than 2 hours each day.

(3) Nothing in subclause (1)(a) applies to any child or young person who is—

• (a) enrolled at and attending any school outside the residence; or

• (b) attending any educational institution (other than a school), or any other educational or vocational training activity, outside the residence for an equivalent period (whether or not for the same number of hours each day).

(4) Nothing in this regulation applies to a child or young person who is detained in secure care.

(1) Every child or young person in a residence is entitled to prompt, adequate, and appropriate health services and health care.

(2) Every child or young person in a residence is entitled to be medically examined by a medical practitioner within 1 week after the child or young person is admitted to the residence.

(3) No child or young person in a residence shall be required to undergo any medical or dental examination or treatment without that child's or young person's consent, except—

• (a) where, pursuant to any enactment or rule of law,—

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

  • (ii) any person who has been acting in the place of a parent of the child or young person; or

  • (iii) a court or any Judge; or

  • (iv) the chief executive—

  is authorised to and has consented to such examination or treatment on behalf of that child or young person; or

• (b) pursuant to any enactment or rule of law whereby in any circumstances the consent of that child or young person to such examination or treatment is not required.

(4) No injection shall be administered to a child or young person in a residence unless it is administered by—

• (a) a medical practitioner; or

• (b) a nurse (not being a nurse who is employed in the residence principally or exclusively in any capacity other than as a nurse) on, and in accordance with, the prescription of a medical practitioner; or

• (c) a dentist in connection with any dental treatment.

(5) No prescription medicine or restricted medicine shall be administered to a child or young person in a residence unless it is—

• (a) prescribed for the child or young person by a medical practitioner or a dentist; and

• (b) administered in accordance with the directions of that medical practitioner or dentist.

(6) In this regulation, the terms administer, prescription medicine, restricted medicine, and medicine have the meanings given to them by section 2 of the Medicines Act 1981.

(1) Every child or young person in a residence has a right,—

• (a) to lodge a complaint under the grievance procedure operative in the residence; and

• (b) except where the complaint is referred directly to the grievance panel, to have decisions made under the grievance procedure reviewed by a grievance panel.

(2) The manager of every residence shall ensure—

• (a) that there is operative within the residence a grievance procedure for dealing with complaints by children and young persons in the residence; and

• (b) that the procedure complies with the provisions set out in the Schedule; and

• (c) that every child or young person for the time being in the residence has access to the procedure.

(3) If a complaint from a child or young person concerns the proposed imposition of a punishment or sanction on the child or young person, the complaint shall be treated as an objection to that punishment or sanction made under regulation 19, and subject to subclause (2)(c) of that regulation, that regulation rather than the grievance procedure shall apply to that objection.

(1) The manager of every residence shall establish procedures to ensure that any child or young person in the residence who makes a complaint under the grievance procedure operative in the residence has reasonable access to a person who may advocate for or represent the child or young person in relation to that complaint and who is—

• (a) a barrister or solicitor or youth advocate appointed under section 159 or section 323 of the Act to represent the child or young person; or

• (b) a person nominated by the child or young person.

(2) An advocate nominated by a child or young person under subclause (1)(b) may be—

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

• (b) a kai awhina or kai arahi:

• (c) a barrister or solicitor or youth advocate:

• (d) any other person approved by the manager.

(3) The manager shall not refuse under subclause (2)(d) to approve any person nominated by a child or young person as an advocate unless the manager believes, on reasonable grounds, that the person—

• (a) would, as advocate for the child or young person, have a conflict of interest with the child or young person in relation to the subject matter of the complaint; or

• (b) has put himself or herself forward as an advocate predominantly for an interest or interests other than the interests of the child or young person; or

• (c) would attempt, or be likely to attempt, to pervert the course of justice; or

• (d) is, by the terms of any order made by any court of competent jurisdiction, prevented or restricted from having access to, or contact with, the child or young person.

(4) Where the manager refuses to approve a person nominated by the child or young person as an advocate, the child or young person shall be given the opportunity to nominate some other person as advocate.

(5) Any person acting as an advocate for a child or young person under this regulation shall be afforded reasonable assistance and access to records concerning the child or young person that are relevant to the complaint.

(6) Nothing in this regulation or in regulation 12 requires the department to pay or contribute to the costs or expenses of—

• (a) any barrister or solicitor or youth advocate nominated by the child or young person under subclause (1)(b), if another barrister or solicitor or youth advocate has been appointed to represent the child or young person under section 159 or section 323 of the Act; or

• (b) any other person providing advocacy services to the child or young person on the complaint; or

• (c) the child or young person, or his or her parent or guardian, or any other person, engaging any person to provide advocacy services to the child or young person on the complaint.

(1) The manager of every residence shall notify the chief executive of—

• (a) the commencement date and details of any behaviour management programme proposed for general use in that residence; and

• (b) any decision to discontinue a behaviour management programme in general use at that residence.

(2) Every behaviour management programme shall comply with the National Code of Practice.

(3) Where it is proposed to apply any general or specific behaviour management programme to any child or young person in a residence, the manager shall ensure there is given to that child or young person an explanation of—

• (a) that programme, including the behaviour expected of that child or young person under that programme; and

• (b) any rewards and sanctions that may be used under that programme.

(4) The explanation required by subclause (3) shall be given in such language (including a language other than English), and in such a manner, as is appropriate in the circumstances, having due regard to the age of the child or young person, his or her ethnic or cultural background, and his or her capacity to understand what is being explained.

(5) Except as expressly provided by these regulations, nothing in this regulation permits anything expressly forbidden by these regulations.

(1) The chief executive may from time to time, in respect of any residence, issue to the manager a written notice prescribing—

• (a) the punishments that members of staff of the residence may impose on children and young persons in the residence; and

• (b) the sanctions that may be used under behaviour management programmes at the residence.

(2) No member of staff of a residence shall punish or sanction any child or young person in the residence unless that punishment or sanction is—

• (a) reasonable in all the circumstances; and

• (b) one of the punishments or sanctions prescribed by the chief executive under subclause (1).

(3) Nothing in subclause (1) or subclause (2) authorises the imposition of any punishment or sanction that is prohibited by any of regulations 20 to 24.

(4) Before a member of staff of a residence imposes any punishment or sanction on a child or young person in the residence, that person shall explain to the child or young person, in a manner and in language that can be understood by the child or young person,—

• (a) the reasons for the punishment or sanction; and

• (b) the nature of the punishment or sanction; and

• (c) where appropriate, the duration of the punishment or sanction; and

• (d) the right of the child or young person to object to the imposition of the punishment or sanction, or to its nature or duration, or both.

(5) Any punishment or sanction imposed on a child or young person in a residence shall be administered in accordance with any standards set out in the National Code of Practice.

(6) Where any member of staff of a residence administers any punishment or sanction to a child or young person in the residence, that member of staff shall record in the daily log—

• (a) the full name of the child or young person; and

• (b) the name of the person who imposed the punishment or sanction; and

• (c) the details of the punishment or sanction, including its nature and duration, and the reasons for its imposition.

(1) Where any member of staff of a residence proposes to impose any punishment or sanction on a child or young person in the residence, and that child or young person objects to the imposition of that punishment or sanction or to its nature or duration, that member of staff shall—

• (a) record in the daily log—

  • (i) the full name of the child or young person; and

  • (ii) the name of the person who proposes to impose the punishment or sanction; and

  • (iii) the details of the proposed punishment or sanction, including its nature and duration, and the reasons for its imposition; and

  • (iv) the substance of the child's or young person's objection; and

• (b) forthwith refer the objection to,—

  • (i) the manager; or

  • (ii) where the manager is proposing to impose the punishment or sanction, the grievance panel; and

• (c) inform the child or young person of his or her right to consult an advocate in relation to the objection.

(2) Where, pursuant to subclause (1), an objection to the imposition of any punishment or sanction, or to the nature or duration of any punishment or sanction, is referred to the manager or the grievance panel, the manager or, as the case requires, the grievance panel shall, as soon as reasonably practicable, review the proposed punishment or sanction, and may,—

• (a) confirm, vary, or rescind the decision to impose the punishment or sanction; or

• (b) rescind the decision to impose the punishment or sanction and substitute any other punishment or sanction that could have been imposed when that decision was made; or

• (c) after consultation with the child or young person and his or her advocate (if any), treat the objection as a complaint to be dealt with under the grievance procedure operative in the residence under regulation 15.

(3) No punishment or sanction shall be administered to a child or young person while a determination of an objection under subclause (1) to that punishment or sanction is pending.

(1) No member of staff of a residence shall use physical force to punish any child or young person in the residence.

(2) No member of staff of a residence shall punish any child or young person in the residence by any means which requires that child or young person to adopt any particular physical position or to perform any excessive physical activity.

(3) In this regulation, punish includes applying a sanction.

No member of staff of a residence shall discipline or treat or speak to any child or young person in the residence in a manner which—

• (a) inflicts on the child or young person any torture or cruelty, or is inhuman; or

• (b) degrades or humiliates that child or young person; or

• (c) is likely to induce an unreasonable amount of fear or anxiety in that child or young person.

(1) No member of staff of a residence shall use physical force in dealing with a child or young person in the residence unless that member of staff has reasonable grounds for believing that the use of physical force is reasonably necessary—

• (a) in self defence, or in the defence of another person, or to protect that child or young person from injury; or

• (b) to prevent that child or young person from damaging any property; or

• (c) to prevent that child or young person from leaving the residence if not authorised to do so; or

• (d) to secure the containment of that child or young person in secure care; or

• (e) subject to section 384H of the Act, for the purpose of carrying out any search authorised by section 384C or section 384E of the Act.

(2) Any person who uses physical force for any of the purposes referred to in subclause (1) shall—

• (a) use no more than the minimum amount of force that is reasonably necessary in the circumstances; and

• (b) record in the daily log the details of the use of such force, and of the circumstances giving rise to its use.

(3) No member of staff of a residence shall in any circumstances threaten to use physical force against any child or young person in the residence unless the actual use of physical force by that member of staff against that child or young person in those circumstances would be permissible pursuant to subclauses (1) and (2).

No child or young person in a residence shall be required to remain silent for any period of time as a punishment or sanction.

(1) Subject to subclauses (2) and (3), no child or young person in a residence shall by way of punishment or sanction or otherwise be confined on his or her own in any room in that residence for any continuous period of more than 1 hour between the hours of 7 am and 8 pm each day.

(2) Where a child or young person is confined to his or her own room for a purpose other than punishment or sanction, the confinement under subclause (1) shall be for no longer than is necessary to fulfil that purpose.

(3) No child or young person in a residence shall at any time be locked in any room in that residence.

(4) Nothing in—

• (a) subclause (1) applies to any child or young person who—

  • (i) is in secure care; or

  • (ii) is required, on account of illness or injury, to remain in any room in a residence:

• (b) subclause (3) applies to any child or young person in secure care.

It shall be the duty of the chief executive to provide—

• (a) the facilities, equipment and personnel necessary to give effect to these regulations; and

• (b) adequate training and resources to the staff of residences to enable them to carry out their functions and duties under these regulations.

(1) The chief executive shall cause to be prepared a National Code of Practice relating to the management of residences.

(2) The National Code of Practice shall—

• (a) set out the philosophy of, and the objectives for, the care of children and young persons in residences; and

• (b) set out the practices and procedures through which that philosophy is to be implemented and those objectives achieved; and

• (c) set out appropriate standards to be met in the implementation of those practices and procedures, and the procedures for evaluating whether or not those standards are attained in each residence; and

• (d) set out matters to be included in the security management and emergency management plans of residences; and

• (e) be prepared having regard to, and shall contain provisions reflecting, the principles in sections 5, 6, 13, and 208 of the Act.

(3) The chief executive shall ensure that the National Code of Practice is reviewed from time to time at intervals of not more than 2 years.

(1) High standards of professional care consistent with the matters referred to in regulation 3(1) shall be provided at all times for children and young persons in residences.

(2) The relationship between members of the staff of a residence and the children and young persons in that residence shall be maintained on a professional basis, having due regard for the well-being, culture, and needs of those children and young persons, and to the need to ensure their proper care and control.

(1) The manager of every residence shall—

• (a) monitor the compliance with these regulations in that residence; and

• (b) establish appropriate procedures by which that monitoring may be carried out.

(2) Every member of staff of a residence shall comply with every obligation expressly or impliedly imposed on him or her by these regulations.

(1) There shall be a grievance panel for every residence.

(2) Every grievance panel shall consist of 3 persons appointed by the Minister on the nomination of the chief executive made after consultation with—

• (a) the Principal Youth Court Judge; and

• (b) the Principal Family Court Judge; and

• (c) the Children's Commissioner.

(3) In appointing members of a grievance panel for a residence, the Minister shall, so far as practicable, appoint persons who are, by reason of personality, cultural background, training, and experience, suitable to act as members of a grievance panel and able to relate to children and young persons.

(4) Every grievance panel shall include at least 1 member who is a member of the tangata whenua of the area in which the residence for which the panel is appointed is situated.

(1) Every member of a grievance panel—

• (a) shall hold office at the Minister's pleasure; and

• (b) may be paid, out of the department's Bank Account from money appropriated by Parliament for the purpose, remuneration by way of fees, salary, or allowances, and travelling allowances and expenses, in accordance with the Fees and Travelling Allowances Act 1951; and that Act shall apply accordingly.

(2) No person who is appointed to be a member of a grievance panel shall by reason only of that appointment be deemed to be employed in the service of the Crown for the purposes of the State Sector Act 1988 or the Government Superannuation Fund Act 1956.

(3) The powers of a grievance panel are not affected by any vacancy in its membership.

(1) The grievance panel for a residence shall have the following functions:

• (a) to conduct a review of the decision of the manager on any matter—

  • (i) that is the subject of a complaint by a child or young person in the residence in accordance with the grievance procedure; and

  • (ii) that has been referred to the grievance panel in accordance with that procedure:

• (b) to monitor compliance with the grievance procedure:

• (c) any other functions imposed on it by the grievance procedure:

• (d) to review, in accordance with regulation 19, any punishment or sanction that the manager proposes to impose on a child or young person.

(2) In carrying out its functions, every grievance panel shall observe the principles of natural justice.

(3) Subject to these regulations, every grievance panel may regulate its own procedure.

(4) Every grievance panel shall report in writing to the persons set out in subclause (5) on—

• (a) the reviews carried out by the panel during the previous quarter pursuant to the grievance procedure; and

• (b) whether, in its opinion, there has been compliance with the grievance procedure, and the reasons for that opinion.

(5) The persons referred to in subclause (4) are—

• (a) the chief executive; and

• (b) the Principal Youth Court Judge; and

• (c) the Principal Family Court Judge; and

• (d) the Children's Commissioner.

(6) Nothing in subclause (4) prevents a grievance panel from making a report on such other matters relating to its functions as it sees fit.

(7) Every report under subclause (4) shall be made not later than the 15th day of the month following the end of the quarter to which the report relates.

(8) Nothing in subclauses (4) and (7) prevents a grievance panel from making a report at any other time.

(1) The manager of every residence shall be responsible for preparing and maintaining a security management plan in relation to the residence.

(2) Every security management plan shall be prepared in accordance with the requirements in that regard of the National Code of Practice, and shall include—

• (a) details of the members of staff of the residence who are responsible for security in the residence and the reporting requirements on security matters:

• (b) an identification of the security issues relating to the residence:

• (c) written procedures to deal with such security issues:

• (d) such other matters relating to the maintenance of the security of the residence as the manager thinks fit.

(3) The manager of every residence shall ensure that the security management plan is periodically reviewed at intervals of not more than 6 months.

(1) The manager of every residence shall be responsible for preparing and maintaining an emergency management plan in relation to the residence.

(2) Every emergency management plan shall be prepared in accordance with the requirements in that regard of the National Code of Practice, and shall include—

• (a) a prioritised identification of hazards that could affect the residence:

• (b) written procedures to deal with any such hazards, including procedures relating to the evacuation of children and young persons and staff from the residence:

• (c) an emergency command structure:

• (d) liaison and aid arrangements with civil defence personnel, Police, ambulance and fire services, and local authorities:

• (e) such other matters relating to management of the residence in an emergency as the manager thinks fit.

(3) The manager of every residence shall ensure that—

• (a) the emergency management plan is periodically reviewed at intervals of not more than 6 months; and

• (b) evacuation and assembly exercises involving members of staff and children and young persons in the residence are carried out at least once every 3 months.

(1) The manager of every residence shall establish a community liaison committee.

(2) In establishing a community liaison committee under subclause (1), the manager shall endeavour to ensure the committee has the following membership:

• (a) 2 persons resident in and representative of the community in which the residence is situated:

• (b) 2 persons appointed by the local authority having jurisdiction over the area in which the residence is situated:

• (c) 2 persons representing the tangata whenua of the area in which the residence is situated:

• (d) a constable:

• (e) the manager of the residence, or a senior member of staff of the residence to attend meetings of the committee in the absence of the manager:

• (f) a representative of the members of staff of the residence:

• (g) a representative of the children and young persons in the residence:

• (h) such other person or persons as the committee invites to be members of the committee.

(3) The manager shall—

• (a) invite nominations for appointment to the committee, when establishing the committee, and from time to time when there is a vacancy in its membership; and

• (b) appoint members of the committee (other than the members referred to in paragraph (b) or paragraph (c) or paragraph (h) of subclause (2)) from such nominations.

(4) The functions and powers of the committee shall not be affected by any vacancy in its membership.

(5) No person shall be entitled to any remuneration from the Crown by way of fees, allowances, travelling allowances or expenses, salary, wages or other remuneration in respect of his or her membership of the committee unless he or she is a person referred to in paragraph (d) or paragraph (e) or paragraph (f) of subclause (2).

A community liaison committee shall have the following functions:

• (a) to promote positive relationships between the residence and the surrounding community:

• (b) to monitor the effects of the residence on the surrounding community:

• (c) to monitor the effectiveness of the measures adopted to mitigate any adverse effects on the surrounding community:

• (d) to monitor the effectiveness of the security management plan of the residence and to review abscondings from the residence:

• (e) to review any changes to internal management practices at the residence in relation to specified actions designed to mitigate adverse effects on the community:

• (f) to respond to concerns raised by residents of the surrounding community:

• (g) to make recommendations to the manager on any of the matters referred to in paragraphs (a) to (f).

(1) Every community liaison committee shall meet at least 4 times a year at a venue provided by the chief executive.

(2) The committee shall from time to time appoint one of its members to be the chairperson of the committee.

(3) The chief executive shall furnish such secretarial services as are reasonably required for the committee to keep a record of its meetings.

(1) For the purposes of ensuring that the provisions of these regulations and sections 384B to 384K of the Act are complied with, every residence shall be inspected at least once each calendar year by an employee of the department appointed for the purpose by the chief executive.

(2) An inspection under subclause (1) may be made upon reasonable notice to the manager of the residence, but nothing in this subclause requires any such notice to be given.

(3) The manager of a residence shall notify the children and young persons in the residence of any inspection about which he or she has received notice.

(4) Every person who inspects a residence under subclause (1) shall furnish a report in writing on that inspection to the chief executive, forthwith after making that inspection.

(5) Every such report shall contain—

• (a) a statement as to whether, in the opinion of the person making the report, the provisions of these regulations and sections 384B to 384K of the Act are being complied with in the residence; and

• (b) details of any circumstances or matter in respect of which, in the opinion of that person, there has been a failure to comply with these regulations or sections 384B to 384K of the Act; and

• (c) any recommendations in relation to any such circumstances or matter.

(6) Every person who furnishes a report to the chief executive under subclause (4) in respect of a residence shall forthwith supply a copy of that report to the manager, and to the Children's Commissioner.

(1) Every person appointed to inspect any residence under regulation 37 may, in the course of the inspection,—

• (a) enter and inspect any part of the residence:

• (b) observe and comment on the state and condition of any child or young person in the residence:

• (c) communicate with—

  • (i) any child or young person in the residence; and

  • (ii) any member of staff of the residence; and

  • (iii) any other person whom the person inspecting the residence considers may be able to provide any relevant information:

• (d) subject to subclause (4), examine any document or record that is held in the residence and that relates to any child or young person in the residence:

• (e) subject to subclauses (4) and (5), require any member of staff of the residence to furnish such information or particulars as are reasonably necessary for the purpose of the inspection.

(2) No entry or inspection of the room or sleeping area assigned to a child or young person in the residence shall be made unless—

• (a) the person inspecting the residence believes on reasonable grounds that the inspection cannot properly be carried out without making that entry or inspection; and

• (b) prior notice of the inspection is given to the child or young person, in which the purpose of the inspection is explained; and

• (c) the child or young person is present during the inspection.

(3) Nothing in—

• (a) paragraphs (b) and (c) of subclause (2) applies where the child or young person is absent from the residence:

• (b) subclause (2)(c) applies where compliance with its provisions would be impracticable because the child or young person is ill or is in secure care.

(4) Nothing in subclause (1)(d) or (e) permits any person to inspect any document, or requires the furnishing of any information, that records any communications between a child or young person and any person providing counselling to the child or young person.

(5) Where a requirement is made under subclause (1)(e), the member of staff concerned shall have the same privileges in relation to the furnishing of information or particulars and the answering of questions as witnesses have in courts of law.

(1) The manager of a residence may exercise the powers in subclause (2) when causing an inspection of mail to be undertaken under section 384B of the Act.

(2) The powers referred to in subclause (1) are—

• (a) the manager may require the mail to be opened, or, in the case of a facsimile or electronic mail, read, by the child or young person in the presence of a member of staff of the residence, or by a member of staff of the residence, or by a member of staff of the residence in the presence of the child or young person; and

• (b) if the mail contains any such article, drug, substance, or material, the member of staff may seize that article, drug, or substance, or that material.

(3) Any article, drug, substance, or material seized pursuant to this regulation may, after consultation with the child or young person,—

• (a) subject to subclause (5), be destroyed, if the manager so directs; or

• (b) be handed to a constable; or

• (c) be retained in the residence and returned to the child or young person when he or she is discharged from the residence or at such earlier time as the member of staff concerned, or the manager, thinks fit.

(4) Nothing in subclause (1)—

• (a) requires a child or young person to be present if any mail is believed on reasonable grounds to contain any explosive or destructive substance or device; or

• (b) entitles a member of staff of a residence to read any mail intended to be sent or received by the child or young person unless,—

  • (i) he or she is invited to do so by the child or young person; or

  • (ii) because of the child's or young person's attitude or responses to a behaviour management programme or a treatment programme being applied to the child or young person, a member of staff believes on reasonable grounds that the mail is likely to contain material of the kind referred to in section 384B(c) or (d) of the Act.

(5) No direction given pursuant to subclause (3)(a) to destroy any article, drug, substance, or material intended to be sent or received by a child or young person shall be carried out,—

• (a) unless the child or young person is informed—

  • (i) of that direction; and

  • (ii) of the child's or young person's right to make a complaint about that direction under the grievance procedure; and

• (b) until the child or young person has had a reasonable opportunity to make such a complaint; and

• (c) if the child or young person makes such a complaint, until that complaint is determined or is sooner withdrawn.

(6) The manager shall ensure that a record is made in the daily log of the details of—

• (a) the inspection of any mail under subclause (2):

• (b) the seizure of any article, drug, substance, or material under subclause (2)(b) and of the action taken in respect of it under subclause (3).

(1) Any article, drug, or substance found during any search or examination conducted under sections 384C or 384E of the Act may be seized under section 384K(1) of the Act by a member of staff of the residence referred to in that section if either or both of the conditions set out in subclause (3)(a) or (b) applies to that article, drug, or substance.

(2) [Revoked]

(3) The conditions referred to in subclause (1) are that the member of staff believes, on reasonable grounds, that the article, drug, or substance—

• (a) could be harmful to that child or young person or to any other person in the residence; or

• (b) may not lawfully be retained in the possession of that child or young person.

(4) Any article, drug, or substance seized pursuant to subclause (1) may, after consultation with the child or young person,—

• (a) subject to subclause (5), be destroyed, if the manager so directs; or

• (b) handed to a constable; or

• (c) retained in the residence and returned to the child or young person when he or she is discharged from the residence or at such earlier time as the member of staff concerned, or the manager, thinks fit; or

• (d) returned to its rightful owner, if it belongs to some person other than the child or young person searched or examined.

(5) No direction given pursuant to subclause (4)(a) to destroy any article, drug, or substance shall be carried out,—

• (a) unless the child or young person from whom it is seized is informed—

  • (i) of that direction; and

  • (ii) of the child's or young person's right to make a complaint about that direction under the grievance procedure; and

• (b) until the child or young person has had a reasonable opportunity to make such a complaint; and

• (c) if the child or young person makes such a complaint, until that complaint is determined or is sooner withdrawn.

(6) The manager shall ensure that a record is made in the daily log of the details of the seizure of any article, drug, or substance under subclause (1) and of the action taken in respect of it under subclause (4).

The manager of every residence established for the purpose of section 364(2)(d) of the Act shall designate one part of the residence to be used for the provision of secure care, and every such part shall be indicated by signs or other means so as to be readily identifiable to children and young persons in that residence.

(1) Subject to subclause (4), the member of staff of a residence who is for the time being in charge of the secure care unit in that residence shall review daily the case of every child or young person who is being kept in secure care in that residence in order to determine whether or not the child or young person should continue to be kept in secure care.

(2) At every daily review carried out pursuant to subclause (1), the child or young person to whom the review relates is entitled to be present at and to participate in that review.

(3) Subject to subclause (4), where a child's or young person's continued placement in secure care has been reviewed pursuant to subclause (1), that child or young person shall be discharged from secure care unless the member of staff of the residence who carried out that review certifies in the secure care register that he or she is satisfied—

• (a) that—

  • (i) the ground specified in section 368 of the Act on which that child or young person was placed in secure care continues to apply; or

  • (ii) the continued placement of that child or young person in secure care is justified on the other ground specified in that section on which that child or young person might be placed in secure care; and

• (b) that adequate management of that child or young person cannot reasonably be undertaken except in secure care.

(4) No child or young person for whose continued detention in secure care there is in force an approval granted under section 376 of the Act, or renewed under section 377 of the Act, shall be kept in secure care for a continuous period of more than 7 days unless, before the expiry of that period, the manager, or some other senior member of staff of the residence designated by the manager for that purpose,—

• (a) has carried out a review of the case of the child or young person pursuant to subclause (1); and

• (b) has certified in the secure care register that he or she is satisfied as to the matters on which a member of staff of the residence is required to be satisfied under subclause (3).

(5) Where any review is carried out under this regulation in respect of the continued detention of a child or young person in secure care, the details of the decision made, on that review, in respect of that detention shall be recorded in the secure care register.

(1) No child or young person placed in secure care shall be confined in his or her own room between the hours of 8 am and 8 pm on any day unless such confinement is necessary—

• (a) on account of any illness, injury, or extreme emotional disturbance suffered by that child or young person; or

• (b) in any case of emergency, or in order to maintain and restore order in the residence; or

• (c) in the case of a confinement between 5 pm and 8 pm on any day to enforce a sanction under a specific behaviour management programme being applied to the child or young person.

(2) Any confinement under subclause (1) shall be for no longer than is reasonably necessary for the purpose.

(3) The manager shall ensure that the details of the confinement of any child or young person in any room pursuant to subclause (1), and the reasons for it, are recorded in the daily log.

Subject to regulation 48, every child or young person placed in secure care shall be permitted to communicate freely at all reasonable times between the hours of 8 am and 8 pm each day with any other child or young person placed in secure care.

(1) No child or young person placed in secure care shall be required to eat meals in his or her room unless the child or young person is confined to that room pursuant to regulation 48.

(2) No child or young person shall be required to eat meals in any room in which there is any toilet facility.

(1) Subject to the need to maintain the security of the children and young persons in a residence placed in secure care, every child or young person placed in secure care, including a child or young person who is confined to any room pursuant to regulation 48, shall have access to a range of planned, purposeful, and varied activities which are designed to enhance the life skills, social skills, and competency skills of the child or young person.

(2) The activities specified in subclause (1)—

• (a) shall include (where practicable) cultural, recreational, social, sporting, and educational activities; and

• (b) shall be made available at all reasonable times during a child's or young person's placement in secure care.

(1) Every residence shall maintain an admission register.

(2) The following particulars shall be entered in the admission register for every child or young person admitted to the residence:

• (a) the full name of the child or young person:

• (b) the date of birth of the child or young person:

• (c) if known, details sufficient to identify any iwi or tribal affiliations of the child or young person:

• (d) if known, details sufficient to identify any affiliations of the child or young person with any other ethnic or cultural group:

• (e) the authority for the admission, and, where appropriate, the name and office of the person authorising the admission:

• (f) if known, the date on which the child or young person is to be discharged from the residence:

• (g) if known or ascertainable, the full name, address, and contact telephone number of—

  • (i) any parent or guardian (other than the chief executive) of the child or young person; and

  • (ii) the person previously having the care of the child or young person:

• (h) the full name, address, and contact telephone number of any person whom the child or young person wishes to be notified concerning any significant matter affecting that child or young person which occurs in the residence.

(1) Every residence shall maintain a personal file for every child or young person admitted to the residence.

(2) Each personal file shall include the following information:

• (a) the authority for the admission to the residence of the child or young person:

• (b) particulars of the level of formal education attained by the child or young person:

• (c) particulars of any tribal, ethnic, or cultural affiliations of the child or young person:

• (d) particulars of any religious belief and any church association of the child or young person:

• (e) the name of the social worker involved with the child or young person before admission to the residence:

• (f) the name, address, and contact telephone numbers of—

  • (i) any barrister or solicitor or youth advocate who represents the child or young person:

  • (ii) any lay advocate appointed under section 163 or section 326 of the Act for the child or young person:

  • (iii) the medical practitioner, dentist, and optometrist attending the child or young person:

  • (iv) any psychologist treating the child or young person:

• (g) particulars of any illness or injury currently suffered by the child or young person and the prescribed treatment for it:

• (h) particulars of any physical or other disability or handicap.

(3) Nothing in subclause (2) requires the inclusion, in any personal file, of any information that members of staff of the residence do not have available to them and which they cannot reasonably ascertain.

(1) Every residence shall maintain a daily log.

(2) Brief details of the following matters shall be entered in the daily log:

• (a) the arrival of any child or young person at the residence, and the departure of any child or young person from the residence:

• (b) any illness or injury suffered by any child or young person in the residence:

• (c) any serious breach of discipline or disruptive or destructive behaviour by a child or young person in the residence:

• (d) the introduction of a child or young person in the residence to a behaviour management programme, and the removal of any child or young person from such a programme:

• (e) any absconding by any child or young person from the residence, and the return of that child or young person to the residence:

• (f) those matters the details of which are required by section 384I or section 384K of the Act or any of regulations 5(6), 7(3), 8(2), 10(5), 11(6), 18(6), 19(1), 22(2), 39(6), 45(6), 48(3):

• (g) any other significant event occurring in the residence.

(1) Every residence shall maintain a register of complaints made by children and young persons in the residence.

(2) The following particulars shall be entered in the register:

• (a) the date (if any) on which a complaint form was issued to a child or young person in the residence:

• (b) the name of the child or young person making the complaint:

• (c) the date—

  • (i) on which the complaint was made by the child or young person (if that complaint was made other than by completion of a complaint form); or

  • (ii) on which a completed complaint form was received from a child or young person:

• (d) an identifying number (being the number on the complaint form) assigned by the manager to the complaint:

• (e) the name of the member of staff to whom the complaint was made (if the complaint was not made by the child or young person completing a complaint form):

• (f) the date the child or young person was notified of receipt of the complaint by the manager or, as the case requires, the grievance panel:

• (g) if the complaint is withdrawn by the child or young person, the date of that withdrawal:

• (h) the action taken on the complaint by the manager and the date or dates of that action:

• (i) the findings of the manager on the complaint:

• (j) the date the child or young person is notified of those findings by the manager:

• (k) whether the child or young person is satisfied or dissatisfied with those findings:

• (l) the date (if any) on which the child or young person requested the complaint to be referred to the grievance panel:

• (m) the date on which the manager referred the complaint to the grievance panel:

• (n) the findings of the grievance panel on the complaint and the date of those findings:

• (o) the date the child or young person was notified of those findings by the grievance panel or the manager.

(1) Every residence established for the purpose of section 364(2)(d) of the Act shall maintain a secure care register.

(2) The following particulars shall be entered in the secure care register for every child or young person in the residence placed in secure care:

• (a) the full name of the child or young person and the age of that child or young person at the time of placement:

• (b) the date and time of placement:

• (c) the ground under section 368 of the Act for placing the child or young person in secure care, and the reasons in support of that ground:

• (d) the full name, address, and contact telephone number of any person who is nominated by the child or young person for the purposes of section 369(1)(b) of the Act:

• (e) the full name of each person who is notified under section 369 of the Act that the child or young person has been placed in secure care:

• (f) details of the plan proposed for the child or young person while he or she is in secure care:

• (g) the name of any medical practitioner, psychiatrist, psychologist, or other person providing specialist medical, psychiatric, psychological, or other services to the child or young person:

• (h) the apparent physical and mental health of the child or young person at the time of the placement:

• (i) such details as are required by regulation 47 to be certified or recorded in the secure care register:

• (j) brief details of the decision of any court or, as the case may be, any Registrar on any application made under section 371 or section 372 or section 377 or section 379 or section 380 or section 383 of the Act for the detention of that child or young person in secure care:

• (k) if known or ascertainable, the full name, address, and contact telephone number of—

  • (i) any parent or guardian (other than the chief executive) of the child or young person; and

  • (ii) any person previously having the care of the child or young person.

Each of the types of record required to be maintained under this Part may be maintained in computerised form, but each type of record so maintained shall be separately identified within the computer system.

(1) Each of the types of record required to be maintained under this Part shall be kept securely and treated as confidential subject to—

• (a) any provision of any enactment under or by virtue of which access may be obtained or given to records or information concerning a child or young person:

• (b) any court order for access to records or information concerning a child or young person:

• (c) subclause (2).

(2) The following persons may have access to any part of those records that relates to a particular child or young person:

• (a) any member of staff of the residence who requires such access for any purpose directly relating to his or her functions or duties as the manager or a member of staff of the residence:

• (b) any person conducting an investigation into a complaint made by the child or young person under the grievance procedure of the residence:

• (c) any member of a grievance panel in the course of conducting a review under regulation 31:

• (d) any person conducting an inspection of the residence pursuant to regulation 37:

• (e) the child or young person:

• (f) any barrister or solicitor or youth advocate or lay advocate—

  • (i) representing the child or young person; or

  • (ii) in any proceedings, appointed to assist the court:

• (g) any person (being the chief executive, or a person acting under the authority of the chief executive, or a constable) who requires such access—

  • (i) to take any criminal, civil, or disciplinary action against another person (being a person who is or was a member of staff of the residence, or a person engaged to provide services to the residence, or an employee of any such person so engaged) arising out of any alleged act or omission of that other person in relation to the child or young person; or

  • (ii) to conduct any investigation into whether any such action should be taken:

• (h) any person (being a person who is or was a member of staff of the residence, or a person engaged to provide services to the residence, or an employee of any such person so engaged) who requires such access to defend any such action:

• (i) the chief executive, or a person acting under the authority of the chief executive, or any social worker or care and protection co-ordinator or youth justice co-ordinator who requires such access for any purpose directly relating to the chief executive's, or that social worker's or that co-ordinator's functions or duties under the Act:

• (j) any barrister or solicitor (including a barrister or solicitor who is an employee of the department) who is engaged to advise or represent a person mentioned in any of paragraphs (a) to (d) or paragraphs (g) to (i) in relation to the purpose for which that person may have access to the records.

(3) The records referred to in subclause (1) shall be retained for a period of at least 25 years from the date of birth of the child or young person to whom they relate, and shall then be dealt with in accordance with the provisions of the Public Records Act 2005.

The following regulations are hereby revoked:

• (a) Children and Young Persons (Residential Care) Regulations 1986 (SR 1986/306):

• (b) Children and Young Persons (Residential Care) Regulations 1986, Amendment No 1 (SR 1989/297).