Responding to Abuse in Care Legislation Amendment Bill
Responding to Abuse in Care Legislation Amendment Bill
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Responding to Abuse in Care Legislation Amendment Bill
Responding to Abuse in Care Legislation Amendment Bill
Government Bill
97—3
As reported from the committee of the whole House
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Hon Erica Stanford
Responding to Abuse in Care Legislation Amendment Bill
Government Bill
97—3
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Responding to Abuse in Care Legislation Amendment Act 2024.
2 Commencement
(1)
Part 1 and Part 3 (except sections 16, 21, and 31) come into force on a date or dates set by Order in Council.
(2)
Any part of Part 1 or Part 3 (except sections 16, 21, and 31) that has not come into force 12 months after Royal assent comes into force then.
(3)
The rest of this Act comes into force on the day after Royal assent.
(4)
An Order in Council made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Part 1 Amendments to Children’s Act 2014
3 Principal Act
This Part amends the Children’s Act 2014.
4 Section 28 amended (Core worker convicted of specified offence not to be employed or engaged)
(1)
Replace section 28(1) to (3) with:
(1)
This section applies to a person who—
(a)
has been convicted of—
(i)
a specified offence; or
(ii)
an offence under the law of another jurisdiction that, if committed in New Zealand, would be a specified offence; and
(b)
does not hold an exemption granted under section 35 in respect of the offence.
(2)
A specified organisation must not employ or engage a person to whom this section applies as a core worker.
(3)
A specified organisation must not continue to employ or engage a person to whom this section applies as a core worker, regardless of when that worker commenced employment or was engaged, except as provided in this section.
(2)
In section 28(4), replace “On and after the date referred to in subsection (3), if”
with “If”
.
(3)
In section 28(7), replace “subsection (1)”
with “this section”
.
5 New sections 28A to 28D inserted
After section 28, insert:
28A Review of determination that section 28(1)(a)(ii) applies to person
(1)
This section applies to a person—
(a)
whom a specified organisation has, for the purposes of section 28(2) or (3), determined is a person to whom section 28(1)(a)(ii) applies; and
(b)
who does not hold an exemption granted under section 35 in respect of the offence.
(2)
The person may apply to the chief executive of any key agency for a review of the specified organisation’s determination that section 28(1)(a)(ii) applies to the person (a determination).
28B Application for review
(1)
An application for a review under section 28A must be in writing and set out the following information:
(a)
the person’s full name and contact details:
(b)
in respect of each offence of which the person has been convicted in another jurisdiction,—
(i)
a description of the offence; and
(ii)
the jurisdiction in which the conviction was entered; and
(iii)
the date on which the person was convicted of the offence (if known); and
(iv)
an official record of the conviction from the other jurisdiction (if available); and
(v)
any other information prescribed by regulations made under section 33; and
(vi)
any other relevant information the applicant wishes to place before the chief executive to whom the application is made.
(2)
A chief executive who receives an application may, with the agreement of the chief executive of a different key agency, refer the application to that other chief executive for decision.
(3)
Before making a decision on an application, the chief executive must confirm whether the applicant has previously applied for a review under this section of any other determination made by a specified organisation and, if so, the outcome of that application.
28C Decision on review
(1)
After reviewing an application received under section 28B, the chief executive must—
(a)
confirm the determination; or
(b)
reverse the determination.
(2)
As soon as is reasonably practicable after making a decision on the application, the chief executive must give the applicant written notice of their decision.
(3)
Subject to the outcome of any appeal made under section 28D, the chief executive’s decision is binding on all specified organisations in relation to the applicant.
28D Appeal against decision to confirm determination
(1)
This section applies if the chief executive confirms a determination under section 28C(1)(a).
(2)
The applicant may appeal to the High Court against the decision to confirm the determination.
6 Section 33 amended (Other regulations)
After regulation 33(1)(d), insert:
(da)
prescribing the process, not inconsistent with this Part, for applying for a review of a determination referred to in section 28A(2):
7 Section 35 amended (Exemption for certain individuals)
Replace section 35(1) with:
(1)
The chief executive of a key agency may grant an exemption under this section to a person who has been convicted of—
(a)
a specified offence; or
(b)
an offence under the law of another jurisdiction that, if committed in New Zealand, would be a specified offence.
8 Section 36 amended (Application for exemption)
In section 36(1)(b), replace “specified offence”
with “offence referred to in section 35(1)”
.
9 Schedule 1AA amended
In Schedule 1AA,—
(a)
insert the Part set out in Schedule 1 of this Act as the last Part; and
(b)
make all necessary consequential amendments.
10 Schedule 2 amended
(1)
In Schedule 2, after clause 1, insert:
1A
An offence against any of the following sections of the Prostitution Reform Act 2003 is a specified offence for the purpose of Part 3:
(a)
section 20 (assisting person under 18 years in providing commercial sexual services):
(b)
section 21 (receiving earnings from commercial sexual services provided by person under 18 years):
(c)
section 22 (contracting for commercial sexual services from, or being client of, person under 18 years).
(2)
In Schedule 2, replace clause 2 with:
2
An offence that is equivalent to an offence against any section referred to in clause 1 or 1A, but that was committed against a provision of the Crimes Act 1961 or the Prostitution Reform Act 2003 (as the case may be) that has been repealed, is a specified offence.
(3)
In Schedule 2, clauses 3, 4, and 4A, replace “clause 1 or 2”
with “clause 1, 1A, or 2”
.
Part 2 Amendment to Crimes Act 1961
11 Principal Act
This Part amends the Crimes Act 1961.
12 Section 2 amended (Interpretation)
In section 2(1), definition of vulnerable adult, after “sickness,”
, insert “disability,”
.
Part 3 Amendments to Oranga Tamariki Act 1989
13 Principal Act
This Part amends the Oranga Tamariki Act 1989.
14 Section 2 amended (Interpretation)
In section 2(1), replace the definition of youth justice residence with:
youth justice residence means a residence established and maintained under section 364 for the purposes of, or that includes the purposes of, any 1 or more of the following:
(a)
remand of a person under this Act or any other legislation:
(b)
provision of custody under section 235 and orders made under section 283:
(c)
the detention of children or young persons in a residence under section 34A of the Corrections Act 2004.
15 Section 365 amended (Chief executive may place children and young persons in residences)
(1)
In section 365(3), delete “(as defined in subsection (4))”
.
(2)
Repeal section 365(4).
16 Section 370 amended (Time limits on detention in secure care)
In section 370(1),—
(a)
delete “for a continuous period of more than 72 hours, or”
; and
(b)
after “(whether continuously or not)”
, insert “commencing on the day on which the child or young person is first placed in secure care”
.
17 Section 384A amended (Interpretation)
(1)
In section 384A, replace “sections 384B to 384K”
with “this section and sections 384AA to 384KN”
.
(2)
In section 384A, replace the definition of harmful item with:
harmful item,—
(a)
in relation to a search carried out at a residence other than a youth justice residence, means any article, drug, or substance that a member of staff has reasonable cause to believe is likely, while a child or young person is in the residence, to harm or to be used to harm that child or young person or any other person:
(b)
in relation to a search carried out at a youth justice residence, means any of the following:
(i)
anything that could, while in the possession of a youth justice resident, be harmful to the youth justice resident or any other person:
(ii)
any drug, alcohol, or other intoxicating substance:
(iii)
tobacco:
(iv)
any equipment used for smoking tobacco or any other substance:
(v)
any vaping product or smokeless tobacco product within the meaning of section 2 of the Smokefree Environments and Regulated Products Act 1990:
(vi)
any electronic communication device:
(vii)
any thing that could be used for the purpose of facilitating a youth justice resident absconding from the youth justice residence:
(viii)
any thing that may not lawfully be retained in the youth justice resident’s possession:
(ix)
any offensive weapon within the meaning of section 202A of the Crimes Act 1961:
(x)
any disabling substance within the meaning of section 202A of the Crimes Act 1961:
(xi)
any article or thing declared to be a harmful item by regulations made under section 447
(2A)
In section 384A, definition of pat down search, replace “child or young person in a residence”
with “person”
.
(2B)
In section 384A, definition of pat down search, paragraph (c)(i) to (iv), replace “child’s or young person’s”
with “their”
.
(3)
In section 384A, replace the definition of scanner search with:
scanner search,—
(a)
in the case of a search of a child or young person placed in a residence other than a youth justice residence, means a search of the person—
(i)
using an electronic device passed over the clothed body of the person being searched; and
(ii)
that does not include any touching (except any accidental touching) of the person being searched:
(b)
in the case of a search of a youth justice resident or any other person carried out at a youth justice residence, means the search of the person and the person’s clothing or possessions using an electronic device (whether or not the device uses imaging technology) designed to identify the presence of unauthorised items that are concealed—
(i)
in the person’s body:
(ii)
beneath or within the person’s clothing or possessions
(4)
In section 384A, insert in their appropriate alphabetical order:
approved search plan, in relation to a child or young person in a residence,—
(a)
means a search plan approved for the child or young person under section 384AA; and
(b)
includes any amendments made in accordance with section 384AD
authorised person, in relation to a search carried out on entry to a youth justice residence, means—
(a)
a member of staff whose work involves searching persons or vehicles entering the youth justice residence entering the youth justice residence or vehicles entering the secure perimeter of the residence; or
(b)
a person—
(i)
whose work involves searching persons or vehicles entering the youth justice residence entering the youth justice residence or vehicles entering the secure perimeter of the residence; and
(ii)
who carries out that work under a contract for services with the chief executive
drug means—
(a)
a controlled drug within the meaning of the Misuse of Drugs Act 1975:
(b)
a prescription medicine or restricted medicine within the meaning of the Medicines Act 1981:
(c)
a psychoactive substance within the meaning of section 9 of the Psychoactive Substances Act 2013
electronic communication device—
(a)
means an electronic communication device (other than a device used to assist with a disability) that is capable of any or all of the following actions:
(i)
transmitting sound:
(ii)
computing information:
(iii)
functioning as a telephone:
(iv)
communicating in any other way using any technology (including telecommunication, radiocommunication, Internet, and broadcasting technology); and
(b)
includes any part of an electronic communication device (for example, a SIM card), regardless of whether the part—
(i)
is capable of any of the actions specified in paragraph (a); and
(ii)
is detachable and may be used in other electronic communication devices; and
(c)
includes any device that enables or facilitates the functioning of an electronic communication device (for example, a recharger or charging device); but
(d)
does not include—
(i)
any telephone facility provided for the use of a youth justice resident; and
(ii)
any telephone facility or telephone system (whether inside or outside a residence) that a youth justice resident is permitted to use by a person while under the person’s control or supervision
enter,—
(a)
in relation to any part of a youth justice residence inside the perimeter other than the secure area of the residence, means to enter using an entrance available for use by members of the public (for example, a reception area or visiting area of the residence):
(b)
in relation to the secure area of a youth justice residence, means to enter using an entrance used by youth justice residents or other persons (for example, a sallyport, a staff entrance, or an administration block)
imaging technology search—
(a)
means a scanner search that produces an image of the body or part of the body (whether external or internal) of the person being searched; and
(b)
includes (without limitation) a search using a body scanner
secure area, in relation to a youth justice residence, means the area inside the secure perimeter of the residence that contains the residential units of the residence and associated facilities used by the residents
youth justice resident means a child or young person who has been placed in a youth justice residence under this Act or any other legislation
18 New sections 384AA to 384AD inserted
After section 384A, insert:
384AA Approved search plan for child or young person placed in residence
(1)
The chief executive must approve a search plan developed for each child or young person placed in a residence that reflects the child’s or young person’s particular needs and preferences relating to how any search of the child or young person should be conducted and by whom.
(2)
Without limiting subsection (1), the search plan must take into account—
(a)
the child’s or young person’s sex and gender identity and the needs and preferences (if any) that the child or young person has relating to the sex or gender identity of the person conducting a search; and
(b)
any disability that the child or young person has; and
(c)
any trauma that the child or young person has previously experienced; and
(d)
any other matter that may negatively affect the way in which the child or young person experiences a search; and
(e)
the need to uphold the mana and dignity of the child or young person to the greatest extent possible; and
(f)
the interests of members of staff or authorised persons conducting the search.
(3)
When developing a search plan for a child or young person, the person developing the plan must—
(a)
consult the child or young person and encourage the child or young person to express their needs and preferences as to how any search should be conducted; and
(b)
record the child’s or young person’s needs and preferences (if any) in the search plan unless the chief executive considers on reasonable grounds that there is good reason not to do so.
(4)
If any needs and preferences that the child or young person has expressed under subsection (3)(a) are not recorded in the search plan, the person developing the search plan must record in the search plan the reasons for not including those needs and preferences.
(5)
The chief executive must approve the search plan developed for a child or young person in a residence under this section,—
(a)
before the child or young person is placed in the residence; or
(b)
if it is not possible to comply with paragraph (a), as soon as is reasonably practicable after the child or young person has been placed in the residence.
384AB Duty to comply with search plan when carrying out search
(1)
A person carrying out a search of a child or young person placed in a residence must conduct the search in accordance with the approved search plan, unless in the circumstances the chief executive considers on reasonable grounds that—
(a)
it is not reasonably practicable to do so; or
(b)
there is another good reason not to do so.
(2)
If any search carried out on the child or young person does not comply with the approved search plan, the manager must record the circumstances and the reason for non-compliance in the daily log kept in accordance with regulations made under section 447.
(3)
Subsection (1) applies subject to section 384AC.
384AC Duties if child or young person required to be searched before search plan approved
(1)
This section applies if a child or young person is—
(a)
placed in a residence; and
(b)
required to be searched before a search plan has been approved for the child or young person.
(2)
The chief executive must ensure that—
(a)
before any search of the child or young person is conducted, the child or young person is consulted about their particular needs and preferences (if any) as to how the search should be conducted and by whom; and
(b)
the search of the child or young person is conducted in accordance with the child’s or young person’s needs and preferences, unless in the circumstances the chief executive considers on reasonable grounds that—
(i)
it is not reasonably practicable to do so; or
(ii)
there is another good reason not to do so; and
(c)
the search of the child or young person upholds the mana and dignity of the child or young person to the greatest extent possible.
(3)
If any search carried out on the child or young person does not comply with their needs and preferences as to how a search should be conducted and by whom, the manager must record the circumstances and the reason for non-compliance in the daily log kept in accordance with regulations made under section 447.
384AD Review and amendment of approved search plan
(1)
The chief executive must review and, as appropriate, amend an approved search plan on the reasonable request of the child or young person to whom the plan relates or as otherwise required by regulations made under section 447.
(2)
The review must be carried out in accordance with regulations made under section 447.
19 Section 384C amended (Child or young person may be searched to detect unauthorised items)
(1)
After section 384C(1), insert:
(1A)
A scanner search conducted in a youth justice residence under subsection (1)(a) may include an imaging technology search.
(1B)
Authority conferred by subsection (1)(a) to conduct a scanner search includes the authority to search—
(a)
any item carried by, or in the possession of, the person:
(b)
any outer clothing removed for the purposes of the search:
(c)
any head covering, gloves, footwear (including socks or stockings), belts, jewellery, or other accessories removed for the purposes of the search.
(1C)
For the purpose of facilitating a scanner search of a child or young person under subsection (1)(a), a member of staff may require the child or young person being searched to—
(a)
remove any item of outer clothing (including, without limitation, any jacket, jumper, or sweatshirt) that needs to be removed in order to carry out the search, except where the person being searched has no other clothing, or only underclothing, under that outer clothing:
(b)
remove any head covering, gloves, footwear (including socks or stockings), belts, jewellery, or other accessories:
(c)
comply with any other procedure that needs to be undertaken to carry out the search.
(2)
After section 384C(4), insert:
(5)
This section does not apply to a search carried out on entry to a youth justice residence (for which section 384KA provides).
20 Section 384D amended (Use of dogs for searching)
After section 384D(3), insert:
(4)
This section does not apply to a search carried out on entry to a youth justice residence (for which section 384KI provides).
21 Section 384E repealed (Child or young person may be strip searched)
Repeal section 384E.
22 Section 384F amended (Explanation of purpose and consequences of inspections and searches)
After section 384F(2), insert:
(3)
This section does not apply to a search carried out on entry to a youth justice residence (for which section 384KE provides).
23 Section 384G amended (Restrictions on searches)
(1)
In section 384G(2), replace “must be carried out by a member of staff who is of the same sex as the child or young person being searched”
with “must not be carried out in view of another child or young person in the residence”
.
(2)
Repeal section 384G(3).
(3)
After section 384G(5), insert:
Imaging technology searches
(6)
An image produced as a result of an imaging technology search must,—
(a)
so far as practicable, avoid showing a clear image of the body beneath clothing; and
(b)
obscure the genitals or make them not easily distinguishable if they are included in the image.
(7)
An image produced as a result of an imaging technology search must be disposed of within 24 hours.
(8)
Despite anything to the contrary in any other legislation, a person who conducts an imaging technology search must not, without reasonable excuse, photograph or copy the image or provide the image to another person.
Disapplication
(9)
This section does not apply to a search carried out on entry to a youth justice residence (for which section 384KF provides).
24 Section 384H amended (Use of force in carrying out search)
After section 384H(2), insert:
(3)
This section does not apply to a search carried out on entry to a youth justice residence (for which section 384KB provides).
25 Section 384I amended (Recording of inspections and searches)
In section 384I, insert as subsection (2):
(2)
This section does not apply to a search carried out on entry to a youth justice residence (for which section 384KK provides).
26 Section 384J amended (Child or young person may make complaint)
In section 384J, insert as subsection (2):
(2)
This section does not apply to a search carried out on entry to a youth justice residence (for which section 384KM provides).
27 Section 384K amended (Power to seize articles, etc, found on inspection or search)
After section 384K(4), insert:
(5)
This section does not apply to a search carried out on entry to a youth justice residence (for which section 384KN provides).
28 New sections 384KA to 384KN and cross-heading inserted
After section 384K, insert:
Specific provisions for searches on entry to youth justice residence
384KA Searches of youth justice resident
(1)
An authorised person may, for the purpose of detecting any unauthorised item, conduct a scanner search of a youth justice resident each time the resident enters the youth justice residence.
(2)
A scanner search conducted under subsection (1) may include an imaging technology search.
(3)
If, after conducting a scanner search, the authorised person has reasonable grounds to believe that the youth justice resident has any unauthorised item in their possession, the authorised person may conduct a pat down search of the youth justice resident.
384KB Use of force in carrying out search of youth justice resident
(1)
No authorised person may An authorised person may not use physical force in carrying out a search authorised by section 384KA unless the person has reasonable grounds for believing that the use of force is necessary.
(2)
A person An authorised person who uses force for the purpose referred to in subsection (1) must use no more than the minimum amount of force that is reasonably necessary in the circumstances.
384KC Search of other persons entering youth justice residence
(1)
This section applies to a person other than a youth justice resident who wishes to enter a youth justice residence, including (without limitation)—
(a)
an authorised person:
(b)
a visitor.
(2)
A person to whom this section applies may, before being admitted to the youth justice residence, be required to undergo a scanner search conducted by an authorised person for the purpose of detecting any unauthorised item each time the person wishes to enter the residence.
(3)
A scanner search conducted under subsection (2) may include an imaging technology search.
(4)
Subsection (5) applies if an authorised person has reasonable grounds to suspect that a person to whom this section applies has any unauthorised item in their possession.
(5)
The authorised person may, with the person’s consent, conduct a pat down search of the person.
(6)
However, before conducting a pat down search under subsection (5), the authorised person must give the person the opportunity to hand over any unauthorised item.
(6A)
A person who hands over an unauthorised item under this section must not be denied entry to the youth justice residence merely because the person has handed over the item.
(7)
To avoid doubt, the search of an authorised person under this section must be conducted by another authorised person.
Compare: 2004 No 50 s 99(1)–(3)
384KD Consequences of refusing search under section 384KC
(1)
A person who refuses to submit to a scanner search or a pat down search under section 384KC before being admitted to a youth justice residence may be refused admission to the residence.
(2)
A person may be refused admission to a youth justice residence if the person refuses to remove an item of outer clothing for the purpose of a scanner search or a pat down search.
Compare: 2004 No 50 s 99
384KE Duty to advise before conducting search on entry to youth justice residence
Before conducting a search of a youth justice resident under section 384KA or any other person under section 384KC, an authorised person must—
(a)
advise the person to be searched—
(i)
that the person and the person’s property (if any) may be searched to detect unauthorised items; and
(ii)
what items are unauthorised items; and
(iii)
about the consequences of finding an unauthorised item; and
(iv)
in the case of a person other than a youth justice resident, that the person may refuse or withdraw consent to a search at any time, but that the refusal or withdrawal of consent may result in the person being refused entry into the residence; and
(b)
invite the person to be searched to hand over any unauthorised items before the search is conducted.
384KF Restrictions on searches on entry to youth justice residence
Scanner and pat down searches
(1)
For the purpose of facilitating a scanner search of a youth justice resident under section 384KA(1) or any other person under section 384KC(2), an authorised person may require the youth justice resident or other person being searched to—
(a)
remove any item of outer clothing (including, without limitation, any jacket, jumper, or sweatshirt) that needs to be removed in order to carry out the search, except where the person being searched has no other clothing, or only underclothing, under that outer clothing:
(b)
remove any head covering, gloves, footwear (including socks or stockings), belts, jewellery, or other accessories:
(c)
comply with any other procedure that needs to be undertaken to carry out the search.
(2)
A pat down search of a youth justice resident must not be carried out in view of any other youth justice resident.
(3)
A pat down search must not be conducted unless one of the following persons is also present:
(a)
in the case of a search of a youth justice resident,—
(i)
a parent or guardian (other than the chief executive) of the child or young person or a person who would otherwise have the care of the child or young person:
(ii)
another authorised person:
(iii)
a constable:
(b)
in the case of a search of any other person, a person prescribed in regulations made under section 447.
(3A)
A person (other than a youth justice resident) may request that a pat down search be carried out only by an authorised person of the sex or gender identity chosen by the person.
(3B)
A request under subsection (3A) must be complied with so far as is reasonably practicable.
(4)
An authorised person who carries out a scanner search or a pat down search must conduct the search with decency and sensitivity and in a manner that affords to the person being searched the greatest degree of privacy and dignity consistent with the purpose of the search.
Imaging technology searches
(5)
An image produced as a result of an imaging technology search must,—
(a)
so far as practicable, avoid showing a clear image of the body beneath clothing; and
(b)
obscure the genitals or make them not easily distinguishable if they are included in the image.
(6)
An image produced as a result of an imaging technology search must be disposed of within 24 hours.
(7)
Despite anything to the contrary in any other legislation, a person who conducts an imaging technology search must not, without reasonable excuse, photograph or copy the image or provide the image to another person.
Internal examinations
(8)
Nothing in section 384KA or 384KC authorises or permits the internal examination of any body orifice of any person by an authorised person.
Compare: 2004 No 50 ss 92C(1), (2), (3), 93
384KG Search of vehicles entering youth justice residence
(1)
Before a vehicle is brought within the secure perimeter of a youth justice residence, the vehicle may be searched by an authorised person for the purposes of detecting any unauthorised item.
(2)
For the purposes of subsection (1), an authorised person who is wearing any badge or article that identifies them as a person who may conduct a search of the vehicle may, by direction given to the driver or other person in the vehicle, do 1 or more of the following:
(a)
direct, if necessary, that the vehicle be stopped:
(b)
direct that the vehicle be kept stopped until the search is completed:
(c)
require that the authorised person be given access to any part of the vehicle:
(d)
require any or all of the passengers (including the driver) to get out of the vehicle.
(3)
If a person to whom a direction is given under subsection (2) refuses consent for the vehicle to be searched, the vehicle may be denied entry inside the secure perimeter of the youth justice residence.
Compare: 2004 No 50 s 101
384KH Duty to advise before conducting search of vehicle
Before conducting a search of a vehicle under section 384KG, the authorised person must—
(a)
advise the driver or other person in the vehicle—
(i)
that the driver or other person and the vehicle may be searched to detect unauthorised items; and
(ii)
what items are unauthorised items; and
(iii)
about the consequences of finding an unauthorised item; and
(iv)
that the driver or other person may refuse or withdraw consent to a search at any time, but that the refusal or withdrawal of consent may result in the vehicle being denied entry inside the secure perimeter of the youth justice residence; and
(b)
invite the driver or other person to hand over any unauthorised items before a search of the vehicle is conducted.
384KI Use of dogs for searching on entry to youth justice residence
(1)
In exercising a power of search conferred by section 384KA, 384KC, or 384KG, an authorised person may have with them, and use for the purposes of searching, any dog trained for that purpose.
(2)
A dog must not be used unless it is under the control of another person (being a Police employee, a Customs officer, a member of the Armed Forces, an employee of the Department of Corrections, or another suitably qualified person engaged by the chief executive) who may accompany the authorised person for the purposes of the search.
(3)
An authorised person who uses a dog for the purposes of a search under section 384KA, 384KC, or 384KG must conduct the search with decency and sensitivity and in a manner that—
(a)
affords to the person being searched the greatest degree of dignity consistent with the purpose of the search; and
(b)
prevents the dog coming into physical contact with the person during the search.
384KJ Search of property
(1)
Authority conferred by section 384KA or 384KC to conduct a scanner search includes the authority to search—
(a)
any item carried by, or in the possession of, the person:
(b)
any outer clothing removed for the purposes of the search:
(c)
any head covering, gloves, footwear (including socks or stockings), belts, jewellery, or other accessories removed for the purposes of the search.
(2)
Authority conferred by section 384KA or 384KC to conduct a pat down search of a person includes the authority to search—
(a)
any item carried by, or in the possession of, the person:
(b)
any outer clothing removed, raised, lowered, or opened for the purposes of the search:
(c)
any head covering, gloves, or footwear (including socks or stockings) removed for the purposes of the search.
(3)
Authority conferred by section 384KG to conduct a search of a vehicle includes the authority to search any item in that vehicle.
(4)
Authority conferred by this section to search any item includes the authority to use any force that is reasonable in the circumstances for the purpose of breaking open that item.
(5)
Authority conferred by this section to search any item or vehicle includes the authority to use an aid or aids such as a chemical substance or imaging equipment or some other mechanical, electrical, or electronic device, or other similar aid.
Compare: 2004 No 50 s 96
384KK Recording searches of youth justice residents
The manager must ensure that a record is made in the daily log kept in accordance with regulations made under section 447 of—
(a)
details of any pat down search carried out on a youth justice resident under section 384KA(3), including the grounds on which the pat down search was conducted; and
(b)
the details of any physical force used for the purpose of carrying out a search on a youth justice resident and of the circumstances giving rise to the use of force.
384KL Recording pat down searches of other persons entering youth justice residence
The manager must ensure that a record is made in accordance with the regulations made under section 447 of every pat down search carried out under section 384KC(4) 384KC(5) on any other person entering a youth justice residence, including the grounds for conducting the pat down search.
384KM Person may make complaint about search on entry to youth justice residence
A youth justice resident who has been searched under section 384KA or a person who has been searched under section 384KC or whose vehicle has been searched under section 384KG may make a complaint about that search in accordance with regulations made under section 447.
384KN Power to seize articles, etc, found on search
(1)
Any unauthorised item found during a search conducted under section 384KA, 384KC, or 384KG may be seized in accordance with regulations made under section 447 by the authorised person conducting the search.
(2)
Any unauthorised item seized must be dealt with in accordance with regulations made under section 447.
(3)
If an unauthorised item is seized from a youth justice resident, the manager must ensure that a record is made in the daily log of—
(a)
the details of the seizure of the item; and
(b)
the action taken in respect of the item seized.
29 Section 447 amended (Regulations)
(1)
After section 447(1)(c), insert:
(caaa)
declaring any article or thing to be a harmful item for the purposes of this Act:
(caab)
regulating the development and implementation of search plans for the purposes of sections 384AA to 384AC 384AD, including (without limitation) prescribing—
(i)
the information that must be contained in a search plan approved for a child or young person in a residence:
(ii)
processes or procedures for carrying out a search of a child or young person in a residence:
(iii)
the circumstances that constitute or do not constitute a good reason to depart from a search plan approved for a child or young person in a residence:
(iv)
processes or procedures relating to the review or amendment of a search plan approved for a child or young person in a residence:
(caac)
regulating searches conducted on entry to a youth justice residence under sections 384KA to 384KN, including (without limitation),—
(i)
prescribing conditions for being appointed as an authorised person:
(ii)
prescribing persons who can or cannot be present during a pat down search of a person:
(iii)
regulating imaging technology searches:
(iv)
providing for the seizure, disposal, safe keeping, or return of any unauthorised items found during a search:
(v)
prescribing requirements for the disposal of any seized unauthorised item found during a search:
(vi)
prescribing conditions on the disposal of any seized article, drug, or substance:
(vii)
prescribing procedures by which a person may make a complaint in relation to a search, and how the complaint is to be dealt with:
(viii)
prescribing recordkeeping requirements relating to searches conducted on entry to a youth justice residence:
(2)
After section 447(1), insert:
(1A)
Regulations under subsection (1)(caaa) may only be made on the recommendation of the Minister.
(1B)
Before making a recommendation under subsection (1A), the Minister must—
(a)
consult the Minister of Justice; and
(b)
be satisfied on reasonable grounds that the nature or extent of the harm that may be caused by the article or thing justify the article or thing being declared as a harmful item for the purposes of this Act.
30 Schedule 1AA amended
In Schedule 1AA,—
(a)
insert the Part set out in Schedule 2 of this Act as the last Part; and
(b)
make all necessary consequential amendments.
Consequential amendments
31 Consequential amendments relating to repeal of strip searches
(1)
Amend the principal Act as set out in Part 1 of Schedule 3.
(2)
Amend the Oranga Tamariki (Residential Care) Regulations 1996 as set out in Part 2 of Schedule 3.
Part 4 Amendments to Public Records Act 2005
32 Principal Act
This Part amends the Public Records Act 2005.
33 Section 29 amended (Inspection powers)
Replace section 29(2)(a) with:
(a)
permits the Chief Archivist to view the systems and processes of a public office or a local authority for maintaining its public records or local authority records and local authority archives (as the case may be), including its systems, processes, and conditions for—
(i)
creating and maintaining the records or archives; and
(ii)
storing the records or archives; but
33A Section 32 amended (Annual report on recordkeeping)
Replace section 32(1) with:
(1)
The Chief Archivist must make an annual report to the Minister on the state of recordkeeping within public offices, including (without limitation) a report on—
(a)
any action plan required to be prepared by a public office under section 35A; and
(b)
any performance notice issued to a public office under section 35B.
34 Section 33 amended (Independent audits of public offices)
(1)
In section 33(3), replace “of not less than 5 years”
with “as directed by the Chief Archivist”
.
(2)
After section 33(3), insert:
(4)
An audit under this section may be carried out by an employee of the department or another person engaged by the Chief Archivist.
35 New sections 35A and 35B inserted
After section 35, insert:
35A Action plans
(1)
The Chief Archivist may, by written notice to a public office, require the public office to prepare and carry out an action plan relating to any of its recordkeeping practices.
(2)
A notice given under subsection (1) must specify—
(a)
the recordkeeping practice (or practices) that the action plan must address; and
(b)
the outcomes sought; and
(c)
the time within which a draft action plan must be prepared.
(3)
A public office that receives a notice under subsection (1) must comply with it by preparing a draft action plan within the time specified in the notice and submitting it to the Chief Archivist for approval.
(4)
When the Chief Archivist has approved an action plan, the public office must—
(a)
implement it in accordance with its terms, unless or until the Chief Archivist directs otherwise; and
(b)
make the plan available on an internet site maintained by or on behalf of the public office.
Compare: 2020 No 38 s 174
35B Performance notice
(1)
The Chief Archivist may, by written notice to a public office, issue a performance notice requiring the public office to carry out a specified action relating to its recordkeeping practices by a specified date.
(2)
The Chief Archivist may also require, in the notice, that the public office provide the Chief Archivist with a report or reports (for example, a progress report and a final report) on the action taken—
(a)
at a specified time (or times); or
(b)
at specified intervals; or
(c)
both.
(3)
A public office that receives a notice under subsection (1) must—
(a)
take the action by the date specified in the notice; and
(b)
provide a report (or reports) to the Chief Archivist at the time, or intervals, specified in the notice.
Compare: 2020 No 38 s 177
Schedule 1 New Part 2 inserted into Schedule 1AA of Children’s Act 2014
s 9
Part 2 Provisions relating to Responding to Abuse in Care Legislation Amendment Act 2024
3 Interpretation
In this Part,—
amendment Act means the Responding to Abuse in Care Legislation Amendment Act 2024
commencement means the date on which Part 1 of the amendment Act comes into force.
4 Application of section 28(3)
A specified organisation must not continue to employ or engage a person as a core worker under section 28(3) if,—
(a)
until the date that is 6 months after commencement, section 28(1) as it read immediately before commencement applies to the person:
(b)
on and after the date that is 6 months after commencement, section 28(1) as replaced by the amendment Act applies to the person.
Schedule 2 New Part 6 inserted into Schedule 1AA of Oranga Tamariki Act 1989
s 30
Part 6 Provisions relating to Responding to Abuse in Care Legislation Amendment Act 2024
25 Interpretation
In this Part, amendment Act means the Responding to Abuse in Care Legislation Amendment Act 2024.
26 Child or young person placed in secure care for period ending after commencement date
(1)
This clause applies in relation to the placement of a child or young person in a residence in secure care under section 367 for a period specified in section 370 that—
(a)
began before the commencement date; and
(b)
ends after the commencement date.
(2)
Despite section 16 of the amendment Act, section 370 (as it read immediately before the commencement date) continues to apply in relation to the child’s or young person’s placement in secure care.
(3)
In this clause, commencement date means the date on which section 16 of the amendment Act comes into force.
27 Existing complaints relating to strip searches
(1)
This clause applies in relation to a complaint under section 384J made by a child or young person who has been strip searched under section 384E that—
(a)
was made before the commencement date; but
(b)
was not resolved before the commencement date.
(2)
On and after the commencement date, the complaint must continue to be dealt with in accordance with the grievance procedure operative for the residence under regulation 15 of the Oranga Tamariki (Residential Care) Regulations 1996 as if the amendment Act had not been enacted.
(3)
In this clause, commencement date means the date on which section 21 of the amendment Act come into force.
28 Personal effects or other article seized during strip search of child or young person conducted before commencement
(1)
This clause applies to any personal effect or other article belonging to, or in the possession of, any child or young person in a residence—
(a)
that was seized by a member of staff during the strip search of the child or young person under section 384E that was conducted before the commencement date; and
(b)
is located at the residence at which the strip search was conducted on or after the commencement date.
(2)
The personal effect or article must continue to be dealt with in accordance with regulation 45 of the Oranga Tamariki (Residential Care) Regulations 1996 as if the amendment Act had not been enacted.
(3)
In this clause, commencement date means the date on which section 21 of the amendment Act comes into force.
Schedule 3 Consequential amendments relating to repeal of section 384E of Oranga Tamariki Act 1989
s 31
Part 1Amendments to Oranga Tamariki Act 1989
Section 384A
Repeal the definition of strip search.
Section 384F
In section 384F(1), delete “or section 384E”
.
In section 384F(1)(a)(ii), replace “residence; or”
with “residence; and”
.
Repeal section 384F(1)(a)(iii).
Section 384G
In section 384G(1), delete “or section 384E”
.
In section 384G(2), (3), (4), and (5), delete “or a strip search”
.
Section 384H
In section 384H(1), delete “or section 384E”
.
Section 384I
In section 384I(a), replace “any of sections 384B, 384C, and 384E,”
with “sections 384B and 384C,”
.
In section 384I(b), delete “or section 384E”
.
Section 384J
In section 384J, delete “or section 384E”
.
Section 384K
Repeal section 384K(2)(c).
Section 447
In section 447(ca), delete “and 384E”
.
Part 2Amendments to Oranga Tamariki (Residential Care) Regulations 1996
Regulation 7
In regulation 7(1), replace “Subject to section 384E of the Act, no”
with “No”
.
Regulation 22
In regulation 22(1)(e), delete “or section 384E”
.
Regulation 45
In regulation 45(1), replace “sections 384C or 384E”
with “section 384C”
.
Legislative history
12 November 2024 |
Introduction (Bill 97–1), first reading and referral to Social Services and Community Committee |
|
10 March 2025 |
Reported from Social Services and Community Committee (Bill 97–2) |
|
23 July 2025 |
Second reading |
|
8 October 2025 |
Committee of the whole House (Bill 97–3) |
"Related Legislation
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Versions
Responding to Abuse in Care Legislation Amendment Bill
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