Oranga Tamariki (Residential Care) Regulations 1996

2 Interpretation

In these regulations, unless the context otherwise requires,—

absconding, in relation to a child or young person, means—

(a)

the child or young person leaves or is taken without authority from a residence; or

(b)

the child or young person refuses or neglects to return to a residence

the Act means the Oranga Tamariki Act 1989

admission register means the admission register maintained in each residence pursuant to regulation 52

behaviour management programme means a programme—

(a)

in which the behaviour of a child or young person in a residence is managed by a system of rewards and sanctions; and

(b)

which is for the purpose of improving behaviour of that child or young person—

(i)

that is anti-social; or

(ii)

that is or may be harmful to the proper development of that child or young person

care plan means a plan formulated in accordance with regulation 3(2)

chief executive means the chief executive of the responsible department

community liaison committee means a committee established under regulation 34

complaints register means the register of complaints required to be maintained in each residence pursuant to regulation 55

daily log means the daily log maintained in each residence pursuant to regulation 54

dentist means a health practitioner who is, or is deemed to be, registered with the Dental Council established by section 114(2) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of dentistry

emergency management plan means a plan relating to the management of emergencies affecting the residence prepared in accordance with regulation 33

grievance panel means a grievance panel appointed under regulation 29

grievance procedure, in relation to a residence, means the grievance procedure operative in that residence pursuant to regulation 15

lay advocate does not include any person who is a barrister or a solicitor

mail includes—

(a)

a facsimile communication; and

(b)

electronic mail

manager means the person for the time being in charge of a residence

medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

member of staff, in relation to a residence, means every person employed as a member of the staff of the residence; and includes the manager of the residence

National Code of Practice means the National Code of Practice for the time being in force pursuant to regulation 26

nurse means a health practitioner who is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing whose scope of practice permits the performance of general nursing functions

optometrist means a health practitioner who is, or is deemed to be, registered with the Optometrists and Dispensing Opticians Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of optometry

psychologist means a health practitioner who is, or is deemed to be, registered with the Psychologists Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of psychology

residence means a residence established pursuant to section 364 of the Act

responsible department means the department that is, with the authority of the Prime Minister, for the time being responsible for the administration of the Act

school age, in relation to a child or young person, means an age at which the child or young person is required to be enrolled in a school under the Education and Training Act 2020

secure care, in relation to a child or young person in a residence, means containment in that residence within a locked room or enclosure with visible physical barriers

secure care unit, in relation to a residence, means the part of that residence that is for the time being designated under regulation 46 for the provision of secure care

security, in relation to a residence, means—

(a)

the keeping safe of—

(i)

the children and young persons in the residence and the members of staff of the residence; and

(ii)

the residents of the community in which the residence is situated; and

(b)

the prevention of absconding from the residence

security management plan means a plan relating to security of a residence prepared in accordance with regulation 32

social worker means a person employed by the responsible department as a social worker.

Regulation 2 the Act: amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Regulation 2 chief executive: inserted, on 1 October 1999, pursuant to section 11(3) of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Regulation 2 dentist: inserted, on 18 September 2004, by section 175(3) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Regulation 2 Director-General: repealed, on 1 October 1999, pursuant to section 11(3) of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Regulation 2 internal examination: revoked, on 20 October 2000, by regulation 3 of the Children, Young Persons, and Their Families (Residential Care) Amendment Regulations 2000 (SR 2000/205).

Regulation 2 medical practitioner: inserted, on 18 September 2004, by section 175(3) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Regulation 2 nurse: inserted, on 18 September 2004, by section 175(3) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Regulation 2 optometrist: inserted, on 18 September 2004, by section 175(3) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Regulation 2 pat down search: revoked, on 18 July 2002, by regulation 3 of the Children, Young Persons, and Their Families (Residential Care) Amendment Regulations 2002 (SR 2002/171).

Regulation 2 psychologist: inserted, on 18 September 2004, by section 175(3) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Regulation 2 responsible department: inserted, on 1 October 1999, pursuant to section 11(3) of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Regulation 2 scanner search: revoked, on 18 July 2002, by regulation 3 of the Children, Young Persons, and Their Families (Residential Care) Amendment Regulations 2002 (SR 2002/171).

Regulation 2 school age: amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

Regulation 2 social worker: amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Regulation 2 social worker: amended, on 1 October 1999, pursuant to section 11(6) of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Regulation 2 strip search: revoked, on 18 July 2002, by regulation 3 of the Children, Young Persons, and Their Families (Residential Care) Amendment Regulations 2002 (SR 2002/171).

Regulation 2 unauthorised item: revoked, on 18 July 2002, by regulation 3 of the Children, Young Persons, and Their Families (Residential Care) Amendment Regulations 2002 (SR 2002/171).