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

If you need more information about this Act, please contact the administering agency: Oranga Tamariki—Ministry for Children

Search within this Act

Reprint as at 1 July 2019

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

Public Act		2017 No 31
Date of assent		13 July 2017
Commencement		see section 2

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.

1	Title
2	Commencement
	Part 1 Amendments to Children, Young Persons, and Their Families Act 1989
3	Principal Act
4	Long Title repealed
5	Name of principal Act changed
6	Section 1 amended (Short Title and commencement)
7	Section 2 amended (Interpretation)
8	Part 1 heading amended
9	Section 4 and cross-heading replaced
		Purposes
	4	Purposes
10	New section 4A inserted (Well-being and best interests of child or young person)
	4A	Well-being and best interests of child or young person
11	Section 5 replaced (Principles to be applied in exercise of powers conferred by this Act)
	5	Principles to be applied in exercise of powers under this Act
12	Section 6 repealed (Welfare and interests of child or young person paramount)
13	Section 7 amended (Duties of chief executive)
14	New section 7AA inserted (Duties of chief executive in relation to Treaty of Waitangi (Tiriti o Waitangi))
	7AA	Duties of chief executive in relation to Treaty of Waitangi (Tiriti o Waitangi)
15	Section 11 amended (Child’s or young person’s participation and views)
16	Section 13 amended (Principles)
17	Section 14 replaced (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
	14AA	Circumstances in which child or young person is suffering, or is likely to suffer, serious harm
18	Section 15 replaced (Reporting of ill-treatment or neglect of child or young person)
	15	Reporting of concerns to chief executive or constable
19	Section 16 amended (Protection of person reporting ill-treatment or neglect of child or young person)
20	Section 17 amended (Investigation of report of ill-treatment or neglect of child or young person)
21	New section 18AAA inserted (Chief executive may make family group conference available in certain circumstances)
	18AAA	Chief executive may make family group conference available in certain circumstances
22	Section 18 amended (Referral of care or protection cases to care and protection co-ordinator or youth justice co-ordinator by social workers or constables)
23	Section 18A amended (Assessment of parent of subsequent child)
24	Section 18B amended (Person described in this section)
25	Section 18C amended (Confirmation of decision not to apply for declaration under section 67)
26	Section 18D amended (Court declining to confirm decision)
27	Section 19 amended (Referral of care or protection cases to care and protection co-ordinator by other persons or by court)
28	Section 21 amended (Care and protection co-ordinator to consult family, whanau, or family group on convening of family group conference)
29	Section 22 amended (Persons entitled to attend family group conference)
30	Section 26 amended (Procedure of family group conference)
31	Section 28 amended (Functions of family group conference)
32	Section 29 amended (Family group conference may make decisions and recommendations and formulate plans)
33	Section 30 amended (Care and protection co-ordinator to seek agreement to decisions, recommendations, and plans of family group conference)
34	Section 34 amended (Chief executive to give effect to decisions, recommendations, and plans of family group conference)
35	Section 35 amended (Police to comply with decisions, recommendations, and plans of family group conference)
36	Section 40 amended (Warrant to remove child or young person)
37	Section 46 amended (Powers of court where application made under section 44 or child or young person brought before court under section 45)
38	Section 48 amended (Unaccompanied children and young persons)
39	Section 59 amended (Application for production of documents relevant to investigation of whether child or young person in need of care or protection)
40	Section 61 amended (Court may order document to be produced)
41	Section 66 replaced (Government departments may be required to supply information)
		Information sharing
	65A	Purpose of information sharing and principle for information sharing decisions
	66	Agencies to supply information
	66A	Disclosure of information obtained under section 66
	66B	Restrictions on disclosure of information under section 66A
	66C	Use and disclosure of personal information relating to child or young person or classes of children or young persons
	66D	Public notification of information about combined datasets
	66E	Application of sections 66F to 66J
	66F	Definitions
	66G	Requests for information by authorised child welfare and protection agencies or authorised independent persons from other authorised child welfare and protection agencies or authorised independent persons
	66H	Duty of child welfare and protection agency or independent person receiving request under section 66G
	66I	When request under section 66G may be declined
	66J	Reasons for declining request
	66K	Consultation to be undertaken when information is requested or proposed to be disclosed under section 66C or 66H
		Code of practice for information sharing
	66L	Purpose of Code for information sharing
	66M	Consultation on draft Code by Minister
	66N	Approval of draft Code by Minister
	66O	Application of Legislation Act 2012 to Code
	66P	Amendments to Code
	66Q	Relationship with other enactments
42	Section 67 repealed (Grounds for declaration that child or young person is in need of care or protection)
43	Section 68 amended (Application for declaration that child or young person is in need of care or protection)
44	Section 69 amended (Joint applications)
45	Section 70 amended (No application to be made unless family group conference has been held)
46	Section 71 amended (Court may make declaration in absence of proof of responsibility for neglect or ill-treatment of child or young person)
47	Section 72 amended (Court not to make declaration unless family group conference held)
48	Section 73 amended (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)
49	Section 74 amended (Court may require parties to undergo counselling)
50	Section 78 amended (Custody of child or young person pending determination of proceedings)
51	Cross-heading above section 83 replaced
		Care or protection orders
52	Section 83 amended (Orders of court on making of declaration)
53	Section 84 amended (Power to make other orders where declaration made on ground of child’s offending)
54	Section 86 amended (Services orders)
55	Section 86A amended (Interim services orders)
56	Section 87 amended (Restraining orders)
57	Section 88 amended (Interim restraining orders)
58	Section 91 amended (Support orders)
59	Section 92 amended (Interim support orders)
60	Section 95 amended (Conditions of support order or interim support order)
61	Section 96 amended (Power of court to impose additional conditions)
62	Section 101 amended (Custody orders)
63	Section 102 amended (Interim custody orders)
64	Section 110 amended (Guardianship orders)
65	New section 110AA inserted (Interim guardianship orders)
	110AA	Interim guardianship orders
66	Section 110A amended (Application for change of guardianship order)
67	Section 121 amended (Court may make orders for access and exercise of other rights by parents and other persons)
68	Section 125 amended (Application for variation or discharge of orders made under this Part)
69	Section 127 amended (Court may vary or discharge order)
70	Section 128 amended (Court to obtain and consider plan for child or young person before making certain orders)
71	Section 129 amended (Court to direct who is to prepare plan)
72	Section 130 amended (Content of plans)
73	Section 131 amended (Adjournment for purposes of obtaining plan)
74	Section 132 amended (Access to plans)
75	Section 135 amended (Review of plan)
76	Sections 141 and 142 repealed
77	Section 143 amended (All parents or guardians not required to be party to agreement)
78	Section 144 amended (Agreement not to be made without consent of child or young person)
79	Section 145 amended (Agreement not to be made without approval of family group conference)
80	Section 146 amended (Form and terms of agreements)
81	Section 147 amended (Further restrictions on making of agreements)
82	Section 148 amended (Effect of agreements)
83	Section 149 amended (Agreement may provide for consent to medical treatment)
84	Section 152 amended (Service of application for declaration)
85	Section 153 amended (Notice of application for declaration to be given to child or young person)
86	Section 154 amended (Service of application for variation or discharge of order)
87	Section 158 amended (Applications may be heard together)
88	Section 170 amended (Calling of mediation conference)
89	Section 185 amended (Sections to have effect in place of sections 38 to 44 of Criminal Procedure (Mentally Impaired Persons) Act 2003)
90	Section 186 amended (Report by social worker)
91	Section 187 amended (Cultural and community reports)
92	Section 198 amended (Special provisions applying to applications for declaration on ground of child’s offending)
93	Section 199 amended (Power of court to call witnesses)
94	Section 200 amended (Court to ensure that application for declaration that child or young person in need of care or protection dealt with promptly)
95	Section 205 amended (Preventing removal of child or young person from New Zealand)
96	Section 206 amended (Offence to take child or young person out of New Zealand where proceedings pending)
97	Section 206B amended (Power to dismiss proceedings)
98	Section 207E amended (Chief executive to have regard to certain matters)
99	Section 207M amended (Court to have regard to certain matters)
100	Section 207S amended (Court to have regard to certain matters)
101	Section 208 amended (Principles)
102	New section 208A inserted (Child or young person subject to youth justice jurisdiction only until allegations of offending dealt with)
	208A	Child or young person subject to youth justice jurisdiction only until allegations of offending dealt with
103	Section 238 amended (Custody of child or young person pending hearing)
104	Section 239 amended (Restrictions on power of court to order child or young person to be detained in custody)
105	Section 241 amended (Review of orders made under section 238)
106	Section 242 amended (Order under section 238 sufficient authority for detention of child or young person)
107	Section 246 amended (Procedure where young person arrested and brought before court)
108	New section 248A inserted (Chief executive to appoint youth advocate to represent child or young person if offence punishable by imprisonment of 10 years or more)
	248A	Chief executive to appoint youth advocate to represent child or young person if offence punishable by imprisonment of 10 years or more
109	Section 250 amended (Consultation on convening of family group conference)
110	Section 256 amended (Procedure at family group conference)
111	Section 258 amended (Functions of family group conference)
112	Section 260 amended (Family group conference may make decisions and recommendations and formulate plans)
113	Section 272 amended (Jurisdiction of Youth Courts and children’s liability to be prosecuted for criminal offences)
114	Section 273 amended (Manner of dealing with offences (other than murder or manslaughter))
115	Section 275 amended (Manner of dealing with offence of murder or manslaughter, or where jury trial to be held)
116	New section 276A inserted (Transfer of proceeding back to Youth Court)
	276A	Transfer of proceeding back to Youth Court
117	Section 280 amended (Court may refer case to care and protection co-ordinator to determine whether matter should be dealt with under Part 2)
118	Section 280A amended (Court may refer case to person who commenced proceeding to be dealt with as child offending care or protection proceeding under Part 2)
119	Section 284 amended (Factors to be taken into account on sentencing)
120	Section 296 amended (Expiry of orders)
121	Section 316 amended (Court may cancel supervision with residence order if young person absconds)
122	Section 323 amended (Appointment of youth advocate to represent child or young person)
123	Section 361 amended (Application of sections 362, 364, 365, 387, 390 to 392, 394, and 395)
124	Section 363 amended (Payment to person or organisation providing care)
125	Section 364 amended (Authority to establish residences)
126	Section 365 amended (Chief executive may place children and young persons in residences)
127	Cross-heading above section 386A replaced
		Moving to independence
128	New sections 386AAA to 386AAG inserted
	386AAA	Interpretation
	386AAB	Purposes
	386AAC	Principles to be applied when assisting young person to move to independence
	386AAD	Young persons entitled to live with caregiver up to age of 21 years
	386AAE	Providing support to young persons to negotiate support arrangements and monitoring of support arrangements
	386AAF	Role of caregivers under support arrangements
	386AAG	Financial assistance for support arrangements
129	Section 386A replaced (Advice and assistance for people moving from care to independence)
	386A	Advice and assistance for young persons up to age of 25 years
	386B	Provision of advice and assistance by chief executive
130	New section 386C inserted (Chief executive to maintain contact with young persons up to age of 21 years)
	386C	Chief executive to maintain contact with young persons up to age of 21 years
131	Section 403 amended (Approval of Community Services)
132	Section 405 amended (Revocation of approval)
133	New sections 445E and 445F and cross-heading inserted
		Limit on proceedings and Crown liability
	445E	Limit on proceedings
	445F	Limitation on liability
134	Section 447 amended (Regulations)
135	New section 447A inserted (Minister to appoint persons to monitor compliance with prescribed standard of care)
	447A	Minister to appoint independent persons to monitor compliance with prescribed standard of care
136	New section 448B and cross-heading inserted
		Periodic review of legislation, government policy, and other arrangements
	448B	Periodic review of legislation, government policy, and other arrangements
137	Amendments to principal Act to replace gendered references with gender-neutral references
138	Schedule 1AA amended
	4	New definition of young person not to apply to criminal proceedings underway at commencement date
	5	Protections for young persons aged 17 years in criminal investigations
	6	Application of complaints mechanism
	7	Previous definition of child or young person in need of care or protection applies to proceedings underway
	8	Application of sections 17(2A), 18AAA, 21(2), and 30(1)(aaa)
	9	Determinations under section 18B(2)(c)
	10	Information sharing
	11	Applications for declaration made under section 68 before commencement date to be determined under previous provisions
	12	When custody order ceases to have effect
	13	Agreements for extended care of severely disabled children and young persons and agreements with persons providing residential disability care
	14	Youth justice principles
	15	Review of detention of young persons in residence or Police custody
	16	Consideration of restorative justice actions by Family Group Conferences
	17	Factors to be taken into account on sentencing
	18	Moving to independence
	19	References to Children, Young Persons, and Their Families Act 1989
139	Schedule 1 amended
140	New Schedule 1A inserted
	Part 2 Amendments to other Acts
	Subpart 1—Amendments to Criminal Procedure Act 2011
141	Amendments to Criminal Procedure Act 2011
142	Section 174 amended (Remand of defendant under 17 years for assessment report)
143	Section 175 amended (Remand of defendants aged 17 to 20 years)
144	New section 380A inserted (Transfer of proceedings commenced in Youth Court back to Youth Court in certain circumstances)
	380A	Transfer of proceedings commenced in Youth Court back to Youth Court in certain circumstances
	Subpart 2—Amendment to Income Tax Act 2007
145	Amendments to Income Tax Act 2007
146	Section CW 33 amended (Allowances and benefits)
	Subpart 3—Amendment to Social Security Act 1964
147	Amendment to Social Security Act 1964
148	Section 3 amended (Interpretation)
	Subpart 4—Amendments to Acts and legislative instruments
149	Consequential amendments to Acts and legislative instruments
150	Repeal of and amendments to enactments
	Schedule 1 Amendments to principal Act to replace gendered references with gender-neutral references
	Schedule 2 New Schedule 1A inserted
	Schedule 3 Consequential amendments to other enactments
	Schedule 4 Amendments to enactments
	Reprint notes

The Parliament of New Zealand enacts as follows:

New Zealand Legislation

List of access keys

Quick search

My recent searches

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

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

Note

Contents