Oranga Tamariki Act 1989
Children’s and Young People’s Well-being Act 1989

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Reprint as at 8 September 2018

Oranga Tamariki Act 1989

Children’s and Young People’s Well-being Act 1989

Public Act		1989 No 24
Date of assent		27 May 1989
Commencement		see section 1(2)

Act name: replaced, on 14 July 2017, by section 5 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31)

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by Oranga Tamariki—Ministry for Children.

	Title [Repealed]
1	Title and commencement
2	Interpretation
2A	Transitional, savings, and related provisions
2B	Meaning of victim
3	Act to bind the Crown
	Part 1 General objects, principles, and duties
	General objects
4	Objects
	General principles
5	Principles to be applied in exercise of powers conferred by this Act
6	Welfare and interests of child or young person paramount
	General duties
7	Duties of chief executive
7A	Delegations made under section 41 of State Sector Act 1988 to social workers
7B	Delegations made under section 41 of State Sector Act 1988 to persons who are not social workers
7C	Delegation of functions and powers conferred by court order or warrant
7D	Requirements for delegation to persons who are not social workers
7E	Subdelegation of functions and powers by delegates who are not social workers
7F	Delegations and subdelegations to be publicly notified
7G	Immunity for delegates outside Public Service
8	Parents and others to be informed of decisions
9	Interpreters
10	Duty of court and counsel to explain proceedings
11	Child’s or young person’s participation and views
12	Duty of health practitioner to minimise distress to child or young person
	Part 2 Care and protection of children and young persons
	Principles
13	Principles
	Definition of child or young person in need of care or protection
14	Definition of child or young person in need of care or protection
14A	Conduct outside New Zealand
	Reporting of child abuse
15	Reporting of ill-treatment or neglect of child or young person
16	Protection of person reporting ill-treatment or neglect of child or young person
17	Investigation of report of ill-treatment or neglect of child or young person
18	Referral of care or protection cases to care and protection co-ordinator or youth justice co-ordinator
18A	Assessment of parent of subsequent child
18B	Person described in this section
18C	Confirmation of decision not to apply for declaration under section 67
18D	Court declining to confirm decision
19	Referral of care or protection cases to care and protection co-ordinator by other persons or by court
	Family group conferences
20	Convening of family group conferences
21	Care and protection co-ordinator to consult family, whanau, or family group on convening of family group conference
22	Persons entitled to attend family group conference
23	Care and protection co-ordinator to ensure that relevant information and advice made available to family group conference
24	Care and protection co-ordinator to ascertain views of persons unable to attend family group conference
25	Notification of convening of family group conference
26	Procedure at family group conference
27	Department to provide administrative services to family group conference
28	Functions of family group conference
29	Family group conference may make decisions and recommendations and formulate plans
29A	Content of plan
30	Care and protection co-ordinator to seek agreement to decisions, recommendations, and plans of family group conference
31	Procedure where no agreement possible
32	Records of decisions, recommendations, and plans of family group conferences to be made available to interested persons
33	Department to maintain records of proceedings of family group conferences
34	Chief executive to give effect to decisions, recommendations, and plans of family group conference
35	Police to comply with decisions, recommendations, and plans of family group conference
36	Family group conference to reconvene to review its decisions, recommendations, and plans
37	Proceedings of family group conference privileged
38	Proceedings of family group conference not to be published
	Powers to remove child or young person
39	Place of safety warrants
40	Warrant to remove child or young person
41	Person executing warrant to produce evidence of authority and identity [Repealed]
42	Search without warrant
43	Placement of child or young person placed in custody of chief executive
44	Parent or guardian may apply for release of or access to child or young person
45	Child or young person placed in custody of chief executive to be brought before court within 5 days unless sooner released
46	Powers of court where application made under section 44 or child or young person brought before court under section 45
47	Report to be furnished to Commissioner where child or young person released before required to be brought before court
48	Unaccompanied children and young persons
	Medical examination of child or young person
49	Court may order medical examination of child or young person
50	Ex parte application for order for medical examination
51	Court may impose conditions on order for medical examination
52	Health practitioner to prepare report on examination
53	Medical examination of child or young person at request of chief executive
54	Child or young person entitled to have adult present
55	Restrictions on internal examinations and examinations under general anaesthetic
56	Health practitioner to prepare report on examination
57	Report to chief executive following medical examination
58	Fees for reports prepared under section 52 or section 56
	Production of documents relevant to investigation
59	Application for production of documents relevant to investigation of whether child or young person in need of care or protection
60	Ex parte application for order for production of document
61	Court may order document to be produced
62	Section 61 to apply notwithstanding any enactment or rule of law
63	Right to remove, retain, and make copies of document produced under section 61
64	Document produced under section 61 not to be used for any other purpose
65	Use of documents in subsequent proceedings
66	Government departments may be required to supply information
	Proceedings in respect of children and young persons in need of care or protection
67	Grounds for declaration that child or young person is in need of care or protection
68	Application for declaration that child or young person is in need of care or protection
69	Joint applications
70	No application to be made unless family group conference has been held
71	Court may make declaration in absence of proof of responsibility for neglect or ill-treatment of child or young person
72	Court not to make declaration unless family group conference held
73	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
	Counselling
74	Court may require parties to undergo counselling
75	Counsellor to arrange meeting and submit report on outcome
76	Fees
77	Privilege
	Custody of child or young person pending determination of proceedings
78	Custody of child or young person pending determination of proceedings
79	Persons who may be granted custody under section 78
80	Effect of order made under section 78
81	Placement of child or young person under order made under section 78
82	Child or young person may be returned to person who previously had care
	Orders under this Part
83	Orders of court on making of declaration
84	Power to make other orders where declaration made on ground of child’s offending
85	Recall to come before court
	Services orders
86	Services orders
86A	Interim services orders
86B	No services orders in respect of permanent caregivers
	Restraining orders
87	Restraining orders
88	Interim restraining orders
89	Offence to contravene restraining order or interim restraining order
90	When restraining order shall cease to have effect
	Support orders
91	Support orders
92	Interim support orders
92A	Restriction on support orders where there is permanent caregiver
93	Duty to provide support
94	Duty of chief executive to appoint social worker to provide support [Repealed]
95	Conditions of support order or interim support order
96	Power of court to impose additional conditions
97	Court may impose conditions in respect of parent, guardian, etc, of child or young person
98	Court not to impose condition requiring medical treatment without person’s consent
99	Person or organisation providing support to child or young person to report to court
100	Failure to observe conditions of support order
	Custody orders
101	Custody orders
102	Interim custody orders
103	Court may impose conditions to facilitate return of child or young person
104	Effect of custody order
105	Living arrangements for child or young person placed in custody of chief executive
106	Living arrangements where child or young person placed in custody of iwi social service, etc
107	Person in whose custody child or young person is placed may determine access rights in absence of court order
108	When custody order shall cease to have effect
109	Custody to revert on expiry of order
	Guardianship orders
110	Guardianship orders
110A	Application for change of guardianship order
111	Person not to be appointed as guardian without consent
112	Chief executive may be appointed as guardian for specific purpose
113	Court may impose conditions to facilitate return of child or young person
113A	Special guardianship orders
113B	Effect of special guardianship order
114	Effect of guardianship order
115	Disputes between guardians
116	Review of guardian’s decision or refusal to give consent
117	When guardianship orders to cease to have effect
118	Reversion of guardianship on expiry or discharge of guardianship order
119	Guardianship of child or young person on death of person appointed as guardian under this Act
	Effect of custody and guardianship orders on jurisdiction under Care of Children Act 2004
120	Restriction on making of guardianship and parenting orders under Care of Children Act 2004
	Access and exercise of other rights
121	Court may make orders for access and exercise of other rights by parents and other persons
122	Enforcement of access rights
123	Power of entry
124	Person executing warrant to produce evidence of authority and identity [Repealed]
	Variation and discharge of orders
125	Application for variation or discharge of orders made under this Part
126	Persons who may apply for variation or discharge of order
126A	Court may direct holding of family group conference to consider application
127	Court may vary or discharge order
	Plans for children and young persons
128	Court to obtain and consider plan for child or young person before making certain orders
129	Court to direct who is to prepare plan
130	Content of plans
131	Adjournment for purposes of obtaining plan
132	Access to plans
133	Court may order plan not to be disclosed
134	Court to set date for review of plan
135	Review of plan
136	Access to reports and revised plans
137	Court to consider report and make directions
138	Court to set date for further review of plan
	Agreements for care of children and young persons
139	Agreements for temporary care of children and young persons by chief executive, iwi social services, etc
140	Agreements for extended care of children and young persons by chief executive, iwi social service, etc
141	Agreements for extended care of severely disabled children and young persons
142	Agreements with persons providing residential disability care
143	All parents or guardians not required to be party to agreement
144	Agreement not to be made without consent of child or young person
145	Agreement not to be made, extended, or terminated without approval of family group conference
146	Form and terms of agreements
147	Further restrictions on making of agreements
148	Effect of agreements
149	Agreement may provide for consent to medical treatment
	Part 3 Provisions relating to procedure in respect of proceedings under Parts 2 and 3A
	Courts having jurisdiction under Parts 2 and 3A
150	Jurisdiction of Family Court
151	Jurisdiction of District Court in cases of urgency
	Service of applications
152	Service of application for declaration
153	Notice of application for declaration to be given to child or young person
154	Service of application for variation or discharge of order
155	Court may dispense with service
	Attendance of parties at hearing
156	Court may require party to attend hearing
157	Court may require child or young person to attend hearing
	Joint hearings
158	Applications may be heard together
	Appointment of persons to represent child or young person or assist court
159	Appointment of lawyer to represent child or young person in proceedings
160	Appointment of lawyer to assist court
161	Further provisions relating to appointment under section 159 or 160
162	Payment of lawyer appointed under section 159 or 160
163	Appointment of lay advocate
164	Further provisions relating to lay advocate
165	Payment of lay advocate
	Attendance at hearings and right to make representations
166	Persons entitled to be present at hearing of proceedings in Family Court
167	Child or young person may give evidence in private
168	Other powers of court to hear proceedings in private or exclude persons not affected
169	Right to make representations
	Mediation conferences
170	Calling of mediation conference
171	Objectives of mediation conference
172	Procedure at mediation conference
173	Presiding Judge to make record of proceedings at mediation conference
174	Power of presiding Judge to make consent orders
175	Power to require attendance at mediation conference
176	Privilege
177	Presiding Judge may hear subsequent proceedings
	Reports
178	Medical, psychiatric, and psychological reports
179	Further provisions relating to medical, psychiatric, and psychological examinations
180	Fees for reports prepared under section 178
181	Court may order examination to be carried out in hospital
182	Release of child or young person from hospital where detention no longer required
183	Review of order made under section 178 or section 181
184	Court may indicate matters to be dealt with in report
185	Sections to have effect in place of sections 38 to 44 of Criminal Procedure (Mentally Impaired Persons) Act 2003
186	Report by social worker
187	Cultural and community reports
188	Privilege for reports
189	Adjournment for purposes of obtaining report
190	Reports may be made orally
191	Access to reports
192	Court may order report not to be disclosed
193	Right to tender evidence on report
194	Court may call person making report as witness
	Miscellaneous provisions
195	Evidence [Repealed]
196	Special provisions applying to disclosure of communications to medical practitioner or clinical psychologist
197	Standard of proof
198	Special provisions applying to applications for declaration on ground of child’s offending
199	Power of court to call witnesses
200	Court to ensure that application for declaration that child or young person in need of care or protection dealt with promptly
201	Adjournments
202	Orders by consent
203	Costs
204	Rehearings
205	Preventing removal of child or young person from New Zealand
206	Offence to take child or young person out of New Zealand where proceedings pending
206A	Leave required in certain cases to commence substantially similar proceedings
206B	Power to dismiss proceedings
207	Vexatious proceedings
	Part 3A Trans-Tasman transfer of protection orders and protection proceedings
	Purpose of Part
207A	Purpose of Part
	Interpretation
207B	Interpretation
207C	Meaning of protection order
	Transfer of protection orders from New Zealand by chief executive
207D	Chief executive may transfer protection order
207E	Chief executive to have regard to certain matters
207F	Consent required
207G	Consultation required
207H	Conditions and duration of order to be transferred
207I	Notice of decision to transfer
207J	Review of decision to transfer
	Transfer of protection orders from New Zealand by order of court
207K	Court may order transfer of protection order
207L	Service of application
207M	Court to have regard to certain matters
207N	Terms, conditions, and duration of order to be transferred
207O	Appeal against order for transfer
207P	Review of order for transfer
	Transfer of protection proceedings from New Zealand by order of court
207Q	Court may order transfer of protection proceedings
207R	Service of application
207S	Court to have regard to certain matters
207T	Interim order
207U	Appeal against order for transfer
207V	Review of order for transfer
207W	Transferred proceedings discontinued
	Transfer of protection orders and protection proceedings to New Zealand
207X	Registration of orders and proceedings to be transferred to New Zealand
207Y	Notice of registration
207Z	Effect of registration
207ZA	Court to obtain plan for child or young person
207ZB	Hearing and determination of transferred proceedings
207ZC	Aboriginal or Torres Strait Islander children or young persons
207ZD	Application to have registration revoked
207ZE	Service of application
207ZF	Revocation of registration
207ZG	Notice of revocation
207ZH	Effect of revocation on plan and documents
	Miscellaneous provisions
207ZI	Expiry and revival of order transferred from New Zealand
207ZJ	Expiry and revival of ancillary orders
207ZK	Transfer of court file
207ZL	Disclosure of information to interstate officer
207ZM	Information disclosed to chief executive by interstate officer
207ZN	Department not to disclose information identifying notifier
207ZO	Written consent of interstate officer
	Part 4 Youth justice
	Principles
208	Principles
	Warnings and formal Police cautions
209	Consideration of warning as alternative to prosecution
210	Administration of warning
211	Formal Police caution
212	Notice of warning or caution
213	Evidence of warnings and formal Police cautions and of offences to which they relate not admissible in criminal proceedings
	Arrest of child or young person without warrant
214	Arrest of child or young person without warrant
214A	Arrest of child or young person in breach of bail condition
	Rights of children and young persons when questioned, charged with offence, or arrested
215	Child or young person to be informed of rights before questioned by enforcement officer
215A	Rights to be explained to child or young person on request
216	Enforcement officer to explain rights to child or young person who is to be charged with offence
217	Rights to be explained to child or young person who is arrested
218	Explanations to be given in manner and language appropriate to age and level of understanding of child or young person
219	Explanations not required if child or young person already informed of rights
220	Other enactments requiring information or particulars not affected
	Provisions relating to admissibility of statements made by children and young persons
221	Admissibility of statements made by children and young persons
222	Persons who may be nominated for the purposes of section 221(2)(b) or (c)
223	Section 221 not to apply where statement made before requirements of that section can be met
224	Reasonable compliance sufficient
225	Other enactments relating to admissibility of statements or confessions, or requiring information or particulars to be given, not affected
226	Evidence of communications during consultation not admissible
	Entitlement to consult barrister or solicitor
227	Child or young person at enforcement agency office for questioning in relation to commission or possible commission of offence or arrested entitled to consult with barrister or solicitor
228	Entitlement of child or young person to consult with barrister or solicitor where taken to hospital following arrest or questioned at hospital
	Notification of parents and other persons where child or young person being questioned or is arrested
229	Parents or guardians or other persons to be informed where child or young person at enforcement agency office for questioning in relation to commission or possible commission of offence or is arrested
230	Evidence of communications during visit not admissible
231	Persons who may be nominated for the purposes of section 229(1)(a)
232	Notice of offence with which child or young person charged to be given to parents or guardians or other persons having care of child or young person
	Breath-alcohol and blood-alcohol provisions of Land Transport Act 1998 not affected
233	Breath-alcohol and blood-alcohol provisions of Land Transport Act 1998 not affected
	Custody of child or young person following arrest or pending hearing
234	Custody of child or young person following arrest
235	Child or young person who is arrested may be placed in custody of chief executive
236	Young person who is arrested may be detained in Police custody
237	Child or young person who is arrested to be brought before court as soon as possible
238	Custody of child or young person pending hearing
239	Restrictions on power of court to order child or young person to be detained in custody
239A	Expiry of sections 238(1A) to (1C), and 239(3)
240	Conditions of bail
241	Review of orders made under section 238
242	Order under section 238 sufficient authority for detention of child or young person
243	Other powers to grant bail not affected
	Powers under Immigration Act 2009 not affected
244	Immigration Act 2009 (other than sections 342 to 354) not affected
	Prosecution of children and young persons
245	Proceedings not to be instituted against young person unless youth justice co-ordinator consulted and family group conference held
246	Procedure where young person arrested and brought before court
247	Youth justice co-ordinator to convene family group conference
248	Family group conference not required in certain cases
249	Time limits for convening of family group conferences
250	Consultation on convening of family group conference
251	Persons entitled to attend family group conference
252	Child or young person in custody to be permitted to attend family group conference
253	Notification of convening of family group conference
254	Youth justice co-ordinator to ascertain views of persons unable to attend family group conference
255	Youth justice co-ordinator must ensure that relevant information and advice made available to family group conference
256	Procedure at family group conference
257	Department to provide administrative services to family group conferences
258	Functions of family group conference
259	Family group conference to ascertain whether child or young person admits offence
259A	Family group conference must consider attendance at parenting education, mentoring, and alcohol or drug rehabilitation programmes
260	Family group conference may make decisions and recommendations and formulate plans
261	Family group conference may make decisions, recommendations, and plans relating to care or protection of child or young person
262	Youth justice co-ordinator to make record of decisions, recommendations, and plans of family group conference
263	Youth justice co-ordinator to seek agreement to decisions, recommendations, and plans of family group conference
264	Procedure where no agreement possible
265	Records of decisions, recommendations, and plans of family group conference to be made available to interested persons
266	Department to maintain records of proceedings of family group conferences
267	Enforcement agencies to comply with decisions, recommendations, and plans of family group conference
268	Chief executive to give effect to decisions, recommendations, and plans of family group conference
269	Chief executive may provide financial assistance to enable decisions, etc, of family group conference to be carried out
269A	Chief executive to ascertain whether victims wish to be informed of progress in implementing decisions, recommendations, and plans
270	Family group conference may reconvene to review its decisions, recommendations, and plans
271	Proceedings of family group conference privileged and not to be published
	Jurisdiction of Youth Court
272	Jurisdiction of Youth Court and children’s liability to be prosecuted for criminal offences
272A	Modifications and procedure for child aged 12 or 13 years charged with offence in section 272(1)(b) or (c)
273	Manner of dealing with offences (other than murder or manslaughter)
274	Young person may elect trial by jury in certain cases
275	Manner of dealing with offence of murder or manslaughter, or where jury trial to be held
276	Child or young person may forgo right to jury trial and elect to have proceedings determined by Youth Court
277	Provisions applicable where child, young person, or adult jointly charged
277A	Place and level of trial court for jury trial
278	Parent or guardian may be summoned to appear when young person charged with offence
279	Court to consider recommendations of family group conference
280	Court may refer case to care and protection co-ordinator to determine whether matter should be dealt with under Part 2
280A	Court may refer case to person who commenced proceeding to be dealt with as child offending care or protection proceeding under Part 2
	Disposal of proceedings in Youth Court
281	Court not to make orders unless family group conference held
281A	Court to consider whether family group conference should be held
281B	Court may direct holding of family group conference at any time
282	Power of court to discharge charge
283	Hierarchy of court’s responses if charge against young person proved
284	Factors to be taken into account on sentencing
285	Restrictions on power of court to make certain orders under section 283
286	Person or organisation not to be required to supervise young person without consent
286A	Parenting education, mentoring, or alcohol or drug rehabilitation programme order: general requirement for provider to have first agreed to provide programme concerned, and making of order subject to conditions
287	Reparation limited to direct loss
288	Order in respect of parent or guardian or other person having care not to be made without first informing of proposal to make order and giving opportunity to make representations
289	Court must impose least restrictive outcome adequate in circumstances
290	Judge must record in writing reasons for supervision with residence or transfer order
290A	Restriction on who may provide residential component of specified programme or activity
291	Transfer of other charges to District Court or High Court for sentence
292	Whole or part of fine may be awarded to victim of offence suffering physical or emotional harm [Repealed]
293	Effect of order imposing fine or requiring payment of compensation or restitution or forfeiture of property
293A	Disqualification from driving
294	Demerit points
295	Recall to come before court
	Expiry of orders
296	Expiry of orders
	Failure to comply with, and variation and cancellation of, specified orders
296A	Orders to which sections 296B and 296E apply
296B	Failure to comply
296C	Warrant to have young person arrested and brought before court
296D	Execution of warrant under section 296C
296E	Variation and cancellation
296F	Interim suspension order
	Intensive supervision orders
296G	Intensive supervision order in response to young person’s non-compliance with judicially monitored condition of supervision or supervision with activity order
296H	Duty of chief executive to provide supervision under intensive supervision order
296I	Conditions of intensive supervision order
296J	Additional conditions imposing curfew with or without electronic monitoring of compliance
296K	Electronic monitoring
296L	Powers to detain and return, and arrest, young person breaching curfew condition
296M	Review of intensive supervision order
	Powers of court where young person already subject to order made under this Part
297	Powers of court in dealing with young person subject to order made under this Part
	Parenting education programme orders
297A	Written statements of terms, and how court may respond to failures to comply
	Alcohol or drug rehabilitation programme orders
297B	Nature of programmes, who may consent to medical treatment, and related custody orders
	Community work order
298	Community work order
299	Failure to comply with community work order [Repealed]
300	Variation or cancellation of community work order [Repealed]
301	Procedural provisions relating to application under section 300 [Repealed]
302	Application of Accident Compensation Act 2001 to young persons performing work under community work order
303	Effect of subsequent sentence
	Provisions relating to supervision orders and supervision with activity orders
304	Duty of chief executive to provide supervision
305	Conditions of supervision order
306	Power of court to impose additional conditions
307	Supervision with activity order
308	Conditions of supervision with activity order
308A	Judicial monitoring of compliance with conditions of supervision or supervision with activity order
308B	Effect of judicial monitoring direction
308C	Progress reports
309	Failure to observe conditions of supervision order or supervision with activity order [Repealed]
310	Suspension, cancellation, and variation of supervision order or supervision with activity order [Repealed]
	Supervision with residence orders
311	Supervision with residence order
312	Effect of supervision with residence order
313	Court may make orders for access and exercise of other rights by parents and other persons
314	Court must in certain cases release young person from custody before expiry of supervision with residence order
315	Supervision with residence order to cease to run if young person absconds
316	Court may cancel supervision with residence order if young person absconds
317	When supervision with residence order ceases to have effect
318	Search without warrant
319	Medical treatment of young person in custody of chief executive
	Review of orders for periods of at least 8 months
319A	Orders must be reviewed
	Reports on effectiveness of orders
320	Report to be made to court on effectiveness of certain orders
	Part 5 Provisions relating to procedure in Youth Court
	General
321	Application of Acts relating to bail, criminal disclosure, criminal procedure, victims’ rights, and District Court
322	Time for instituting proceedings
	Youth advocates
323	Appointment of youth advocate to represent child or young person
324	Further provisions relating to youth advocate
325	Payment of youth advocate
	Lay advocates
326	Appointment of lay advocate
327	Functions of lay advocate
328	Further provisions relating to lay advocate
328A	Payment of lay advocate
	Attendance at hearings and right to make representations
329	Persons entitled to be present at hearing
330	Right to make representations in Youth Court
	Arrangements for hearings in Youth Court
331	Matters before court to be dealt with separately
332	Arrangements for hearing of proceedings in Youth Court
	Reports
333	Medical, psychiatric, and psychological reports
334	Report by social worker
335	Report to be accompanied by plan
336	Court may obtain cultural or community report
337	Reports may be made orally
338	Privilege for reports
339	Access to reports and plans under this Part
	Written statement of terms of orders
340	Written statement of terms of certain orders to be given to young person
	Part 6 Appeals
	Appeals from decisions of Family Court
341	Rights of appeal against decisions of Family Court
342	Procedure for bringing appeal [Repealed]
343	Notice of appeal to be given to local principal manager
344	Notice of appeal not to affect orders unless court otherwise directs
345	Interim custody order pending appeal
346	Procedure on appeal
347	Appeal to Court of Appeal
348	Determination of appeals
349	Court may refer appeals back for reconsideration [Repealed]
350	Decision of High Court and Family Court to be sent to chief executive
	Appeals from decisions of Youth Court
351	Appeals from decisions of Youth Court by young person
352	Appeal by parents or guardians or other persons having care of young person
353	Appeal by persons other than young person dealt with in Youth Court
354	Appeal on a point of law only
355	Application of Part 6 of Criminal Procedure Act 2011
356	Effect of notice of appeal on certain orders
357	Application of section 329 to hearing of appeal
358	Presence of young person at hearing of appeal
359	Presence of parents at hearing of appeal from decisions of Youth Court
360	Notification of appeal and result of appeal to local principal manager
	Part 7 Children and young persons in care of chief executive or other persons or bodies
361	Application of sections 362, 364, 365, 387, 390 to 392, 394, and 395
	Placement of children and young persons
362	Children and young persons may be placed in care of approved persons
363	Payment to person or organisation providing care
	Residences
364	Authority to establish residences
364A	Residence management committees [Repealed]
364B	Functions of residence management committees [Repealed]
365	Chief executive may place children and young persons in residences
366	Closing of residences and transfer of residents
	Secure care
367	Secure care
368	Grounds for placement in secure care
369	Notice to be given where child or young person placed in secure care
370	Time limits on detention in secure care
371	Application for approval for continued detention in secure care
372	Registrar may authorise continued detention in secure care until application is determined
373	Persons entitled to be present at hearing of application under section 371
374	Right to make representations
375	Hearing to be held in residence wherever practicable
376	Court may authorise continued detention in secure care
377	Renewal of approval for continued detention in secure care
378	Notification of decision of court
379	Review of decision to grant or renew approval
380	Application for review of detention in secure care
381	Notice of application for review of detention in secure care
382	Disposal of application for review of detention in secure care
383	Review of refusal of application
383A	Lapse of authority for detention in secure care
	Discipline
384	Discipline of children and young persons in residences
	Searches
384A	Interpretation
384B	Inspection of mail
384C	Child or young person may be searched to detect unauthorised items
384D	Use of dogs for searching
384E	Child or young person may be strip searched
384F	Explanation of purpose and consequences of inspections and searches
384G	Restrictions on searches
384H	Use of force in carrying out search
384I	Recording of inspections and searches
384J	Child or young person may make complaint
384K	Power to seize articles, etc, found on inspection or search
	Absconding by children and young persons
385	Children and young persons who abscond
386	Search warrants
	Transition from care to independence
386A	Advice and assistance for people moving from care to independence
	Financial matters
387	Chief executive empowered to make payments for benefit of children and young persons
388	Financial and other assistance in respect of children and young persons subject to orders made under this Act
388A	Financial and other assistance to permanent caregivers
389	Financial assistance in other cases
389A	Review of decisions about financial or other assistance to permanent caregivers
389B	Appeal against decisions about financial or other assistance to permanent caregivers
390	Power to control finances of young persons under guardianship or in custody
391	Imposition of charge to meet expenses of providing care for children and young persons
392	Manager may be appointed under Protection of Personal and Property Rights Act 1988 to manage property of children and young persons subject to guardianship or custody order
	Maintenance [Repealed]
393	Recovery of cost of maintenance of children and young persons in care [Repealed]
	Limitation on tortious liability
394	Limitation on tortious liability of chief executive and other persons having care of child or young person
	Reporting of deaths
395	Police to be notified of deaths
395A	Victims to be notified of deaths
	Part 8 Provisions relating to iwi social services, cultural social services, child and family support services, and community services
	Iwi social services, cultural social services, and child and family support services
396	Approval of iwi social services, cultural social services, and child and family support services
397	Restrictions on granting of approval
398	Chief executive not to decline application without giving applicant opportunity to make submissions
399	Revocation of approval
400	Assessment of iwi social services, etc
401	Powers of persons carrying out assessment of iwi social service, etc
402	Convener of iwi social service or cultural social service to have power of decision for purposes of this Act
	Community services
403	Approval of community services
404	Chief executive not to decline application without giving applicant opportunity to make submissions
405	Revocation of approval
406	Financial assistance to community services
407	Chief executive may contract with community services for provision of services
408	Assessment of community services
409	Powers of person carrying out assessment of community service
	Part 9 Commissioner for Children [Repealed]
	Appointment and functions
410	Commissioner for Children [Repealed]
411	Functions of Commissioner [Repealed]
	Proceedings of Commissioner
412	Powers of Commissioner [Repealed]
413	Commissioner may regulate own procedure [Repealed]
414	Commissioner not to make adverse comment unless opportunity to be heard given [Repealed]
415	Annual report [Repealed]
	Conditions of employment
416	Appointment of Commissioner [Repealed]
417	Term of office and conditions of employment of Commissioner [Repealed]
418	Removal from office [Repealed]
419	Superannuation or retiring allowances [Repealed]
	Miscellaneous provisions
420	Proceedings privileged [Repealed]
421	Commissioner deemed to be official [Repealed]
422	Money to be appropriated by Parliament for purposes of this Part [Repealed]
	Part 10 Miscellaneous provisions
	Care and protection co-ordinators and youth justice co-ordinators
423	Appointment of care and protection co-ordinators
424	Duties of care and protection co-ordinator
425	Appointment of youth justice co-ordinators
426	Duties of youth justice co-ordinator
427	Delegation of functions of care and protection co-ordinator or youth justice co-ordinator to social worker
	Care and protection resource panels
428	Care and protection resource panels
429	Functions of care and protection resource panels
430	Care and protection resource panels may regulate own procedure
431	Annual report
432	Fees and allowances
	Youth Court
433	Establishment of Youth Court
434	Principal Youth Court Judge
435	Designation of Youth Court Judges
435A	Stationing of Judges and sittings of courts
436	District Court Judge may exercise jurisdiction in absence of Youth Court Judge
	Miscellaneous provisions relating to proceedings under this Act
437	Notice of proceedings and orders to be given to parents or guardians or other persons having care of child or young person
437A	Publication of reports of proceedings under Part 2, Part 3A, or section 371
438	Publication of reports of proceedings under Part 4
439	Proceedings not invalid because of mistake as to age
440	Proceedings not to be questioned for want of form
441	Court may determine age of child or young person in absence of evidence
442	No court fees payable
443	Issue and execution of warrants
444	Liability of persons providing reports
445	Witnesses expenses
	Search warrants
445A	Person executing warrant to produce evidence of authority and identity
445B	Authority to use facsimile copy of warrant
445C	Issue and execution of warrants
445D	Certain provisions of Search and Surveillance Act 2012 apply to some warrants
	Offences
446	Offences
446A	Children and young persons to whom section 446B applies
446B	Offences available if child or young person is subject of certain protection orders or proceedings under Part 3A
	Regulations
447	Regulations
448	Rules of procedure
448A	Transitional provisions relating to rules
	Periodic review of legislation, government policy, and other arrangements
448B	Periodic review of legislation, government policy, and other arrangements
	Part 11 Amendments to other enactments, repeals, savings, and transitional provisions
	Amendments to other enactments
449	Consequential amendments
450	Adoption Act 1955 amended
451	Department of Social Welfare Act 1971 consequentially amended [Repealed]
452	Local Government Act 1974 consequentially amended [Repealed]
453	Summary Offences Act 1981 amended
454	Criminal Justice Act 1985 amended
455	Child Care Regulations 1985 consequentially amended
	Repeals and savings
456	Repeals and savings
	2010 Amendment Act
456A	Purpose and application
	Transitional provisions
457	Complaints [Repealed]
458	Informations [Repealed]
459	Guardianship orders [Repealed]
460	Plans and reports to be furnished to court in respect of orders deemed to be guardianship orders under this Act [Repealed]
461	Review of orders deemed to be guardianship orders under this Act [Repealed]
462	Applications for review of guardianship orders [Repealed]
463	Supervision orders [Repealed]
464	Applications for review of supervision orders [Repealed]
465	Complaints for failure to observe conditions of supervision order [Repealed]
466	Agreements for control of child or young person by the Director-General [Repealed]
467	Homes registered or deemed to be registered under Part 9 of Children and Young Persons Act 1974 [Repealed]
467A	Building Act 2004
468	Agreements for assumption of care of child or young person by manager of home or recognised system of foster care [Repealed]
469	Administration of property by Public Trustee [Repealed]
	Schedule 1AA Transitional, savings, and related provisions
	Schedule 1 Provisions applied to Youth Court and to proceedings in Youth Court
	Schedule 2 Enactments amended
	Schedule 3 Enactments repealed
	Children, Young Persons, and Their Families Amendment Act (No 2) 2011
	Reprint notes

Title [Repealed]

Title: repealed, on 14 July 2017, by section 4 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

New Zealand Legislation

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Oranga Tamariki Act 1989
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New Zealand Legislation

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Oranga Tamariki Act 1989Children’s and Young People’s Well-being Act 1989

Oranga Tamariki Act 1989

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Oranga Tamariki Act 1989
Children’s and Young People’s Well-being Act 1989