Children, Young Persons, and Their Families (Residential Care) Regulations 1996

  • not the latest version

Reprint as at 1 October 2008

Children, Young Persons, and Their Families (Residential Care) Regulations 1996

(SR 1996/354)

Michael Hardie Boys, Governor-General

Order in Council

At Wellington this 2nd day of December 1996

The Right Hon J B Bolger presiding in Council


Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry of Social Development.

Pursuant to section 447 of the Children, Young Persons, and Their Families Act 1989, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.


1 Title and commencement

2 Interpretation

Part 1
Rights of children and young persons in residences


3 Right to professional and planned standards of care

4 Right to be informed of certain matters

5 Right to use personal effects

6 Right to wear own clothing and articles of adornment

7 Right to personal privacy

8 Meals

9 Right to be given instructions verbally

10 Rights to visits and communications with family and other persons

11 Rights to send and receive mail

12 Right of access to services

13 Right to educational and vocational training

14 Right to medical examinations and treatment


15 Right of access to grievance procedure

16 Right to advocacy for grievance

Part 2
Limitations on powers of punishment and discipline

17 Behaviour management programmes

18 Punishments and sanctions

19 Review of punishment or sanction

20 Corporal punishment not to be used

21 Torture, cruelty, and inhuman, humiliating, or degrading discipline and treatment prohibited

22 Use of force in dealing with child or young person

23 Silence not to be used as punishment or sanction

24 Confinement to room restricted

Part 3
Management and inspection of residences


25 Chief executive to provide facilities and training

26 National Code of Practice

27 Professional standards of care to be provided in residences

28 Compliance with regulations

Grievance panels

29 Grievance panels

30 Further provisions relating to membership of grievance panels

31 Functions and duties of grievance panels


32 Security management plan

33 Emergency management plan

Community liaison committee

34 Community liaison committee

35 Functions of community liaison committee

36 Meetings of community liaison committee

Inspection of residences

37 Inspection of residences

38 Powers of person conducting inspection

Part 4

39 Inspection of mail

40 Child or young person may be searched to detect unlawful or harmful items [Revoked]

41 Child or young person may be strip searched [Revoked]

42 Internal examinations [Revoked]

43 Restrictions on searches and examinations [Revoked]

44 Use of dogs for searching [Revoked]

45 Power to seize articles, etc, found on search or examination

Part 5
Secure care

46 Areas for provision of secure care to be designated

47 Review of placement in secure care

48 Confinement to rooms of children and young persons in secure care

49 Contact with other children and young persons

50 Meals of children and young persons in secure care

51 Range of planned, purposeful, and varied activities to be provided

Part 6

52 Admission register

53 Personal files

54 Daily log

55 Complaints register

56 Secure care register

57 Computerisation of records

58 Access, use, and retention of records

Part 7

59 Revocations

Grievance procedure

Gazette information

Reprint notes