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

Schedule 1AA Transitional, savings, and related provisions

s 2A

Schedule 1AA: inserted, on 5 December 2013, by section 9 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2013 (2013 No 110).

Schedule 1AA heading: replaced, on 1 April 2017, by section 9(1) of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Part 1 Provisions relating to Children, Young Persons, and Their Families Amendment Act (No 2) 2013

Part 1: inserted, on 1 April 2017, by section 9(2) of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

1 Application of sections 311, 314, and 317 (supervision with residence orders: early release from custody)

Sections 311, 314, and 317, as those sections are amended by the Children, Young Persons, and Their Families Amendment Act (No 2) 2013, apply to a supervision with residence order under section 311(1)—

(a)

made, and that had not expired, before that Act’s commencement; or

(b)

made after that Act’s commencement.

Schedule 1AA Part 1 clause 1: replaced, on 1 April 2017, by section 9(2) of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

2 Adjournment date of pre-commencement supervision with residence orders

Section 314 as amended by the Children, Young Persons, and Their Families Amendment Act (No 2) 2013 applies to an order specified in clause (1)(a) as if the adjournment date under section 311(2A)(a) (as in force before that Act’s commencement) were the adjournment date under section 311(2A)(a) (as in force after that commencement).

Schedule 1AA Part 1 clause 2: replaced, on 1 April 2017, by section 9(2) of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Part 2 Provisions relating to Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016

Schedule 1AA Part 2: inserted, on 1 April 2017, by section 9(2) of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

3 Process or proceeding commenced but not completed before commencement date

(1)

In this clause, commencement date means the date on which this clause comes into force.

(2)

This clause applies to a process or proceeding that has been commenced by a social worker under the Act but has not been completed before the commencement date.

(3)

On and after the commencement date, a process or proceeding to which this clause applies must be treated as if it were commenced by the chief executive.

(4)

However, for the purposes of continuing and completing the process or proceeding, any provision relating to the process or proceeding that, immediately before the commencement date, contained any of the references listed in subclause (5) must be read as if those references had not been affected by the commencement of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016.

(5)

The references are to—

(a)

a social worker’s belief:

(b)

a decision by a social worker:

(c)

a social worker being satisfied or not satisfied of something:

(d)

an assessment by a social worker:

(e)

a social worker considering something:

(f)

a social worker suspecting something:

(g)

any reference similar to those in paragraphs (a) to (f).

Schedule 1AA Part 2 clause 3: inserted, on 1 April 2017, by section 9(2) of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Part 3 Provisions relating to Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017

Schedule 1AA Part 3: inserted, on 14 July 2017, by section 138 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

4 New definition of young person not to apply to criminal proceedings underway at commencement date

(1)

For the purpose of this clause,—

commencement date means the date on which section 7(4) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 comes into force

criminal proceedings—

(a)

means a proceeding that has been commenced by—

(i)

the filing of a charging document; or

(ii)

the filing of a notice of hearing under, or in accordance with, section 21(8) of the Summary Proceedings Act 1957; and

(b)

includes an appeal against conviction or sentence.

(2)

Any defendant aged 17 years in criminal proceedings that are underway in the District Court or High Court on the commencement date must be dealt with by that court as if section 7(4) of this Act had not come into force.

(3)

This clause is subject to clause 23.

Schedule 1AA clause 4: inserted, on 14 July 2017, by section 138 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Schedule 1AA clause 4(1): replaced, on 1 July 2019, by section 16(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

Schedule 1AA clause 4(3): inserted, on 1 July 2019, by section 16(2) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

5 Protections for young persons aged 17 years in criminal investigations

(1)

For the purpose of this clause, commencement date means the date on which section 7(4) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 comes into force.

(2)

Sections 215 to 232 of this Act apply to investigations of alleged offending by persons aged 17 years if the offending occurred or is alleged to have occurred before, on, or after the commencement date.

Schedule 1AA clause 5: inserted, on 14 July 2017, by section 138 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Schedule 1AA clause 5(2): amended, on 1 July 2019, by section 16(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

6 Application of complaints mechanism

A complaints mechanism established under section 7(2)(bad) of this Act applies to any act or omission that occurred on or after 1 January 2008.

Schedule 1AA clause 6: inserted, on 14 July 2017, by section 138 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

7 Previous definition of child or young person in need of care or protection applies to proceedings underway

(1)

For the purpose of this clause, commencement date means the date on which section 17 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 comes into force.

(2)

Section 14 of this Act (as it read before the commencement date) continues to apply to any proceeding that, immediately before the commencement date, had been brought but not determined.

Schedule 1AA clause 7: inserted, on 14 July 2017, by section 138 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

8 Application of sections 17(2A), 18AAA, 21(2), and 30(1)(aaa)

(1)

For the purpose of this clause, commencement date means the date on which sections 20, 21, 28, and 33 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 come into force.

(2)

Sections 17(2A), 18AAA, 21(2), and 30(1)(aaa) of this Act apply to any investigation still underway or commenced on or after the commencement date.

Schedule 1AA clause 8: inserted, on 14 July 2017, by section 138 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

9 Determinations under section 18B(2)(c)

A determination made under section 18B(2)(c) before the commencement of section 24 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 that there is no realistic prospect that a child or young person will be returned to a person’s care, is to be treated, on and after the commencement of section 24 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017, as a determination that there is no realistic possibility that a child or young person will be returned to a person’s care.

Schedule 1AA clause 9: inserted, on 14 July 2017, by section 138 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

10 Information sharing

(1)

For the purpose of this clause, commencement date means the date on which section 41 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 comes into force.

(2)

Sections 65A to 66Q of this Act apply to any information whether it existed or was created before, on, or after the commencement date.

Schedule 1AA clause 10: inserted, on 14 July 2017, by section 138 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

11 Applications for declaration made under section 68 before commencement date to be determined under previous provisions

(1)

For the purpose of this clause, commencement date means the date on which section 42 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 comes into force.

(2)

An application for a declaration made under section 68 of this Act before the commencement date must be determined under section 68 and any related provisions as those provisions read before the commencement date.

Schedule 1AA clause 11: inserted, on 14 July 2017, by section 138 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

12 When custody order ceases to have effect

(1)

For the purpose of this clause, commencement date means the day after the date on which the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 receives the Royal assent.

(2)

Section 108(c) of this Act applies to any custody order made before or after 1 April 2017 and that expires after the commencement date, even if the order or any other document relating to the order contains words to the effect that the order ceases to have effect when the young person attains the age of 17 years.

Schedule 1AA clause 12: inserted, on 14 July 2017, by section 138 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

13 Agreements for extended care of severely disabled children and young persons and agreements with persons providing residential disability care

(1)

For the purpose of this clause, commencement date means the date on which section 76 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 comes into force.

(2)

Any agreement made under section 141 or 142 of this Act before the commencement date continues to have effect until it is terminated or expires and this Act continues to apply to those agreements as if the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 had not been enacted.

Schedule 1AA clause 13: inserted, on 14 July 2017, by section 138 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

14 Youth justice principles

(1)

For the purpose of this clause, commencement date means the date on which section 101(8) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 comes into force.

(2)

Section 208(3) and (4) of this Act applies only if offending occurred or is alleged to have occurred on or after the commencement date.

Schedule 1AA clause 14: inserted, on 14 July 2017, by section 138 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

15 Review of detention of young persons in residence or Police custody

(1)

For the purpose of subclause (2), commencement date means the date on which section 105 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 comes into force.

(2)

Section 241(2) of this Act applies to any order made under section 238(1)(e), whether made before or after the commencement date.

(3)

For the purpose of subclause (4), commencement date means the date on which section 106(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 comes into force.

(4)

Section 242(1A) of this Act applies to any child or young person detained in a residence on or after the commencement date, whether the order for detention of that child or young person was made before or after the commencement date.

Schedule 1AA clause 15: inserted, on 14 July 2017, by section 138 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

16 Consideration of restorative justice actions by Family Group Conferences

(1)

For the purpose of this clause, commencement date means the date on which section 111(3) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 comes into force.

(2)

Section 258(2) and (3) of this Act applies to any Family Group Conference that takes place on or after the commencement date, including a conference that has been adjourned from an earlier date.

Schedule 1AA clause 16: inserted, on 14 July 2017, by section 138 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

17 Factors to be taken into account on sentencing

(1)

For the purpose of this clause, commencement date means the date on which section 119 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 comes into force.

(2)

Section 284(1A) of this Act applies only if the offending occurred on or after the commencement date.

Schedule 1AA clause 17: inserted, on 14 July 2017, by section 138 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

18 Moving to independence

(1)

For the purpose of this clause, commencement date means the date on which sections 128 to 130 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 come into force.

(2)

Section 386AAD of this Act applies only to persons who are aged under 18 years on the commencement date.

(3)

Any young person receiving advice and assistance under section 386A of this Act immediately before the commencement date is to be treated as receiving advice and assistance under new section 386A on or after the commencement date.

(4)

Section 386C of this Act applies only to persons who are subject to any process or proceeding under this Act on or after the commencement date.

Schedule 1AA clause 18: inserted, on 14 July 2017, by section 138 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

19 References to Children, Young Persons, and Their Families Act 1989

Unless the context otherwise requires, every reference to the Children, Young Persons, and Their Families Act 1989 in any document is, after the commencement of section 138 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017, to be read as a reference to the Oranga Tamariki Act 1989.

Schedule 1AA clause 19: inserted, on 14 July 2017, by section 138 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Part 4 Provisions relating to Oranga Tamariki Legislation Act 2019

Schedule 1AA Part 4: inserted, on 1 July 2019, by section 16(4) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

20 Proceeding commenced on or after commencement date for offence committed before commencement date

(1)

For the purpose of this clause, commencement date means the date on which section 7(4) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (the 2017 Act) comes into force.

(2)

This clause applies to any person in a proceeding that—

(a)

is commenced on or after the commencement date against that person; and

(b)

is for an offence, or an alleged offence, that was committed before the commencement date when that person was 17 years of age.

(3)

The proceeding against the person must be commenced and dealt with under this Act—

(a)

as amended by the 2017 Act; and

(b)

as further amended by Part 1 of the Oranga Tamariki Legislation Act 2019.

(4)

Section 2(2), as amended by the 2017 Act, applies to this clause, except for the requirement that the person be a young person at the date of the alleged offence.

Schedule 1AA clause 20: inserted, on 1 July 2019, by section 16(4) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

21 Proceeding for charge related to criminal proceeding underway in District Court or High Court on commencement date

(1)

For the purpose of this clause, commencement date means the date on which section 12 of the Oranga Tamariki Legislation Act 2019 comes into force.

(2)

This clause applies to a person to whom clause 4 applies and either—

(a)

clause 20 applies, if the date of the alleged offending that is the subject of the new proceeding occurred before the commencement date; or

(b)

clause 20 does not apply, if the date of the alleged offending that is the subject of the new proceeding occurred on or after the commencement date.

(3)

If a new proceeding is commenced against the person on or after the commencement date by the filing of a charge for a non-Schedule 1A offence, the provisions referred to in subclause (4) are modified as set out in subclause (5) to enable the Youth Court to determine whether the charge for the non-Schedule 1A offence is related to and may be joined with the criminal proceedings that are underway in the District Court or the High Court.

(4)

The provisions are as follows:

(a)

section 247A; and

(b)

sections 276AA to 276AC; and

(c)

section 276A.

(5)

A reference to a charge for a Schedule 1A offence includes a reference to a charge for any offence (whether specified in Schedule 1A or not) for which the person is in criminal proceedings that are underway in the District Court or the High Court on the commencement date.

(6)

A reference to a charge for a non-Schedule 1A offence continues to exclude a reference to a charge of murder or manslaughter or another offence over which the Youth Court does not have jurisdiction.

Schedule 1AA clause 21: inserted, on 1 July 2019, by section 16(4) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

22 Subsequent proceedings not invalidated

(1)

For the purpose of this clause, commencement date means the date on which section 7(4) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (the 2017 Act) comes into force.

(2)

This clause applies to actions taken by a constable before the commencement date during an investigation of a person aged 17 years for an offence or an alleged offence.

(3)

No proceedings are invalidated and no evidential material is deemed inadmissible because the actions are inconsistent with—

(a)

the definition of young person in section 2(1), as replaced by section 7(4) of the 2017 Act; and

(b)

this Act as amended by the 2017 Act and the Oranga Tamariki Legislation Act 2019.

Schedule 1AA clause 22: inserted, on 1 July 2019, by section 16(4) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

23 Arrest of person aged 17 years without warrant under section 35(1) or 36(1) of Bail Act 2000

(1)

For the purpose of this clause, unless the context otherwise requires,—

commencement date means the date on which section 5 of the Oranga Tamariki Legislation Act 2019 comes into force

court has the same meaning as in section 3 of the Bail Act 2000

criminal proceedings—

(a)

means a proceeding that has been commenced by—

(i)

the filing of a charging document; or

(ii)

the filing of a notice of hearing under, or in accordance with, section 21(8) of the Summary Proceedings Act 1957; and

(b)

includes an appeal against conviction or sentence

drug dealing offence has the same meaning as in section 3 of the Bail Act 2000

Registrar has the same meaning as in section 3 of the Bail Act 2000.

(2)

Section 214B applies to a person aged 17 years if—

(a)

the person—

(i)

is a defendant in criminal proceedings for any offence (except a drug dealing offence), or any alleged offence, that are underway in the District Court or the High Court on the commencement date; and

(ii)

is released on bail (before, on, or after the commencement date) for the offence, or the alleged offence, by a court, a Registrar, or a Police employee; and

(b)

any of the circumstances set out in section 35(1) of the Bail Act 2000 apply to the person so as to empower the arrest without warrant of the person on or after the commencement date.

(3)

Section 214B applies to a person aged 17 years if—

(a)

the person—

(i)

is a defendant in criminal proceedings for a drug dealing offence, or an alleged drug dealing offence, that are underway in the District Court or the High Court on the commencement date; and

(ii)

is released on bail (before, on, or after the commencement date) for the offence, or the alleged offence, by a District Court Judge or a High Court Judge; and

(b)

any of the circumstances set out in section 36(1) of the Bail Act 2000 apply to the person so as to empower the arrest without warrant of the person on or after the commencement date.

Schedule 1AA clause 23: inserted, on 1 July 2019, by section 16(4) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).