Reprint as at 1 July 2019
(SR 2013/432)
Rt Hon Dame Sian Elias, Administrator of the Government
At Wellington this 21st day of October 2013
Present:Her Excellency the Administrator of the Government in Council
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.
These regulations are administered by the Ministry of Justice.
Pursuant to section 147(2) of the Care of Children Act 2004, Her Excellency the Administrator of the Government, acting on the advice and with the consent of the Executive Council, makes the following regulations.
These regulations are the Care of Children (Counselling) Regulations 2013.
These regulations come into force on the day after the date of their notification in the Gazette.
In these regulations, the Act means the Care of Children Act 2004.
In deciding whether to approve an organisation under section 46H(1) of the Act as an approved counselling organisation, the Secretary must be satisfied that—
there is (in the Secretary’s opinion) a need for an organisation of the organisation’s size and other characteristics (including its location) to be available as an approved counselling organisation; and
the organisation will nominate under section 46J(a) of the Act only counsellors who satisfy the requirements of regulation 6 and are not disqualified under regulation 8.
The following are grounds on which the Secretary may suspend or cancel the approval of an organisation as an approved counselling organisation:
that the organisation was approved on the basis of false or misleading information supplied by or on behalf of the organisation:
that the organisation does not meet the ministry’s reporting requirements:
that the organisation does not have appropriate record-keeping protocols, and quality and service-delivery systems:
that the organisation has asked for its approval to be suspended or cancelled:
that the organisation has been wound up or dissolved, or has otherwise ceased to exist:
that the organisation has ceased to provide counsellors:
that the organisation does not nominate under section 46J(a) of the Act only counsellors who satisfy the requirements of regulation 6 and are not disqualified under regulation 8:
that the organisation has failed to comply with a term of a contract with the Ministry of Justice.
The following qualification and competency requirements must be applied by the Secretary in deciding whether a person meets the criteria in section 46K(1) of the Act:
the person must be a member of or affiliated to an appropriate professional body:
the person must hold a counselling qualification at level 6 or higher in the New Zealand qualifications framework:
the person must have enough experience in counselling to provide reasonable assurance of competence in providing counselling in the context of Family Court processes:
the person must be culturally aware, in particular of Māori values and concepts:
the person must be able to address diversity in people being counselled:
the person must be able to—
assess people being counselled, and their circumstances and history, for factors (in particular, in relation to possible family violence) indicating risks that may arise during, or in the context of, counselling sessions; and
manage any risks likely to arise.
Regulation 6(f)(i): amended, on 1 July 2019, by section 259(2) of the Family Violence Act 2018 (2018 No 46).
(1)
At any time before the day 9 months after the date on which these regulations are notified in the Gazette, the Secretary may apply the following requirements in place of those prescribed by regulation 6:
the person must have been, immediately before the commencement of these regulations, a counsellor within the meaning of the Family Proceedings Act 1980:
there must be no information in the Secretary’s possession that (in the Secretary’s opinion) suggests that the person is not qualified and competent to provide counselling services under the Act.
(2)
Subclause (1) overrides regulation 6.
The following are matters disqualifying a person from appointment as a Family Court counsellor:
not being of good character:
not being a fit and proper person to be a Family Court counsellor.
Rebecca Kitteridge,Clerk of the Executive Council.
Issued under the authority of the Legislation Act 2012.
Date of notification in Gazette: 24 October 2013.
This is a reprint of the Care of Children (Counselling) Regulations 2013 that incorporates all the amendments to those regulations as at the date of the last amendment to them.
Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.
Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.
Family Violence Act 2018 (2018 No 46): section 259(2)