Supplementary Order Paper No 338

No 338

House of Representatives

Supplementary Order Paper

Wednesday, 5 July 2017

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

Proposed amendments

Marama Fox, in Committee, to move the following amendments:

Clause 6

In clause 6, new section 4(1), replace paragraph (e) (page 16, lines 1 to 4):

(e)

ensuring that, where children and young persons require care under the Act,—

(i)

they have—

(A)

a safe, stable, and loving home from the earliest opportunity; and

(B)

support to meet their needs; and

(ii)

families, whānau, hapū, iwi, and family groups are assisted to facilitate, as appropriate, the return of the child to their whānau:

Clause 13

In clause 13, new section 13(2)(e)(i), replace “; and” (page 28, line 18) with “; or”.

In clause 13, new section 13(2), replace paragraph (h) (page 28, lines 36 to 41) with:

(h)

if a child or young person is removed in circumstances described in paragraph (g),—

(i)

the child or young person should, wherever that is possible and consistent with the child’s or young person’s best interests, be returned to those members of the child’s or young person’s family, whānau, hapū, iwi, or family group who are the child’s or young person’s usual caregivers; and

(ii)

the child’s or young person’s family, whānau, hapū, iwi, or family group must be provided any assistance necessary to facilitate the return of the child under subparagraph (i):

Explanatory note

This Supplementary Order Paper amends new section 4(1)(e) in clause 6 and new section 13(2) in clause 13 in the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Bill to provide that assistance and support, where needed, must be provided in order to facilitate, as appropriate, the return of the child to their whānau.

We also consider that, in new section 13(2)(e), subparagraph (i) should end with “or” instead of “and”. The use of “and” means that subparagraphs (i) and (ii) need to be read together, when, in fact, they are alternatives.