This Part amends the Children, Young Persons, and Their Families Act 1989 (the principal Act).

Repeal the Long Title.

As from the commencement of this section, the Children, Young Persons, and Their Families Act 1989 is to be called—

In the heading to section 1, delete “Short”.

Replace section 1(1) with:

In section 2(1), insert in their appropriate alphabetical order:

In section 2(1), replace the definition of child with:

In section 2(1), definition of young person, deleterepeal paragraph (e).

In section 2(1), replace the definition of young person with:

In section 2(1), replace the definition of youth advocate with:

In section 2(2)(c) and (d), replace “18 years” with “19 years”.

In the Part 1 heading, replace “General objects,” with “Purposes,”.

Replace section 4 and the cross-heading above section 4 with:

After section 4, insert:

Replace section 5 with:

Repeal section 6.

In section 7(1)(a), replace “objects” with “purposes”.

In section 7(1)(b), replace “objects” with “purposes”.

In section 7(1)(b), replace “sections 5 and 6” with “sections 4A and 5”.

Replace section 7(2)(b)(i) with:

After section 7(2)(b), insert:

In section 7(4)(b), replace “section 173 or 174” with “section 173, 174, or 175(1A)(a)”.

After section 7(4), insert:

After section 7, insert:

After section 11(2)(a), insert:

Replace section 11(2)(d) with:

After section 11(3), insert:

In section 11(6), replace “section 5(d)” with “section 5(1)(a)”.

After section 11(7), insert:

In section 13(1), replace “welfare and interests” with “well-being and best interests”.

In section 13(1), replace “section 6” with “section 4A(1)”.

Replace section 13(2) with:

Replace section 14 with:

Replace section 15 with:

Replace the section 16 heading with “Providing information about safety or well-being of child or young person”.

In section 16, replace “pursuant to section 15” with “under this Part,”.

After section 17(2), insert:

After section 17, insert:

In section 18(1), replace “section 14(1)(ba) or (e)” with “section 14(1)(c) or (e)”.

In section 18(3), replace “declaration under section 67” with “care or protection order”.

In section 18A(4)(a), replace “declaration under section 67 that the subsequent child is in need of care or protection on the grounds in section 14(1)(ba)” with “care or protection order because the subsequent child is in need of care or protection on the ground in section 14(1)(c)”.

In section 18A(4)(b), replace “under section 67” with “for a care or protection order”.

In section 18A(6), after “section 70 applies”, insert “, but a family group conference must be held before a care or protection order (other than an interim order) is made”.

In section 18A(7)(a)(ii), replace “declaration under section 67 that the child was in need of care or protection on the ground in section 14(1)(ba)” with “care or protection order because the child was in need of care or protection on the ground in section 14(1)(c)”.

Replace section 18A(7)(b) with:

In section 18B(2)(a), replace “declared under section 67” with “decided”.

Replace section 18B(2)(a) with:

In section 18B(2)(c), replace “prospect” with “possibility”.

After section 18B(3), insert:

In the heading to section 18C, replace “declaration under section 67” with “care or protection order”.

In section 18C(2), replace “declaration under section 67” with “care or protection order”.

In section 18C(4)(a), replace “declaration under section 67” with “care or protection order”.

In section 18D(a), replace “declaration under section 67 made by the chief executive on the ground in section 14(1)(ba)” with “care or protection order made by the chief executive on the ground in section 14(1)(c)”.

In section 19(1)(a), replace “welfare” with “well-being”.

In section 19(1), replace “section 14(1)(ba)” with “section 14(1)(c)”.

In section 21, insert as subsection (2):

After section 22(1)(d), insert:

In section 26(2), replace “Subject to section 5(f)” with “Subject to section 5(1)(b)(v)”.

In section 28(a), after “care or protection”, insert “or well-being”.

In section 28(b), after “care or protection,”, insert “or is in need of assistance”.

In section 28(b), replace “necessary or desirable, having regard to the principles set out in sections 5, 6, and 13” with “necessary or desirable for the child’s or young person’s care, protection, needs, or well-being, having regard to the principles set out in sections 4A(1), 5, and 13”.

In section 29(1), after “care or protection”, insert “or well-being”.

In section 29(2), replace “sections 5, 6, and 13” with “sections 4A(1), 5, and 13”.

Before section 30(1)(a), insert:

In section 34(1), replace “sections 5, 6, and 13” with “sections 4A(1), 5, and 13”.

In section 35, replace “sections 5, 6, and 13” with “sections 4A(1), 5, and 13”.

In section 40(1), replace “declaration under section 67” with “care or protection order”.

In section 46(b), replace “declaration under section 67” with “care or protection order”.

In section 48(2)(b), replace “declaration under section 67” with “care or protection order”.

In the heading to section 59, after “protection”, insert “or assistance under section 17(2A)”.

In section 59(1)(a), after “section 14(1)(e))”, insert “or is in need of assistance under section 17(2A)”.

In section 61(1), after “section 14(1)(e))”, insert “or is in need of assistance under section 17(2A)”.

Replace section 66 with:

Repeal section 67.

In the heading to section 68, replace “declaration that child or young person is in need of care or protection” with “care or protection order”.

In section 68, replace “declaration that a child or young person is in need of care or protection” with “care or protection order (as defined in section 2)”.

In section 69, replace “declaration that a child or young person is in need of care or protection” with “care or protection order”.

In the heading to section 70, after “application”, insert “for care or protection order”.

In section 70(1), replace “declaration that a child or young person is in need of care or protection” with “care or protection order (other than an interim order)”.

In section 70(2)(b), after “interim restraining order”, insert “or an interim guardianship order”.

In section 70(2)(c), replace “section 14(1)(g)” with “section 14(1)(a)(i) (in the circumstances referred to in section 14AA(1)(b))”.

In section 70(3), replace “declaration under section 67” with “care or protection order (other than an interim order)”.

In the heading to section 71, replace “declaration” with “care or protection order”.

In section 71(a), replace “declaration that a child or young person is in need of care or protection” with “care or protection order”.

In section 71(b), replace “for making the declaration” with “specified in section 14(1)(a)(i) or (ii) (in the circumstances referred to in section 14AA(1)(a) or (2)(a))”.

In the heading to section 72, replace “declaration” with “care or protection order”.

In section 72(1), replace “declaration under section 67 that a child or young person is in need of care or protection” with “care or protection order (other than an interim order)”.

In section 72(3), replace “declaration under section 67” with “care or protection order (other than an interim order)”.

In the heading to section 73, replace “declaration” with “care or protection order”.

In section 73(1), replace “declaration under section 67 that a child or young person is in need of care or protection” with “care or protection order (other than an interim order)”.

In section 73(2), replace “declaration under section 67 that a child or young person is in need of care or protection on” with “care or protection order (other than an interim order) on the basis of”.

In section 73(2), replace “paragraph (a) or paragraph (b) of section 14(1)” with “section 14(1)(a)(i) or (ii) (in the circumstances referred to in section 14AA(1)(a) or (2)(a))”.

In section 74(1), replace “declaration under section 67” with “care or protection order”.

In the heading to section 78, after “proceedings”, insert “or in urgent cases”.

In section 78(1), replace “an order” with “an interim order”.

After section 78(1), insert:

In section 78(2)(c), replace “declaration under section 67” with “care or protection order”.

Replace section 78(2)(d) with:

After section 78(3), insert:

Replace the cross-heading above section 83 with:

Replace the heading to section 83 with “Care or protection orders”.

In section 83(1), replace “Where the court makes a declaration under section 67 relating to a child or young person, it may do 1 or more of the following things:” with “If the court, on application made under section 68, is satisfied that a child or young person is in need of care or protection, the court may do 1 or more of the following things (irrespective of whether the thing or things were sought in the application):”.

After section 83(1), insert:

After section 83(2), insert:

In the heading to section 84, replace “where declaration made on ground of child’s offending” with “on ground of child’s offending”.

In section 84(1), replace “Where the court makes a declaration under section 67 in relation to a child, and the declaration is made” with “If, on an application under section 68, a court is satisfied that a child is in need of care or protection”.

In section 86(1), replace “Where the court makes a declaration under section 67 in relation to a child or young person” with “If, on an application under section 68, the court is satisfied that a child or young person is in need of care or protection”.

In section 86(3)(b), replace “sections 5, 6, and 13” with “sections 4A(1), 5, and 13”.

In section 86A, replace “declaration under section 67 in relation to” with “care or protection order in respect of”.

In section 87(1), replace “Where the court makes a declaration under section 67 in relation to a child or young person” with “If, on an application under section 68, the court is satisfied that a child or young person is in need of care or protection”.

In section 88, replace “declaration under section 67 in relation to” with “care or protection order in respect of”.

In section 88, insert as subsections (2) to (4):

In section 91(1), replace “Where the court makes a declaration under section 67 in relation to a child or young person” with “If, on an application under section 68, the court is satisfied that a child or young person is in need of care or protection”.

In section 91(3)(b), replace “sections 5, 6, and 13” with “sections 4A(1), 5, and 13”.

In section 92, replace “declaration under section 67” with “care or protection order”.

In section 95(1)(d), replace “in respect of whom a declaration is made” with “who the court is satisfied is in need of care or protection”.

In section 96(1)(a), replace “in respect of whom a declaration is made” with “who the court is satisfied, on an application made under section 68, is in need of care or protection”.

In section 96(1)(a)(iii), replace “in respect of whom a declaration is made” with “who the court is satisfied, on an application made under section 68, is in need of care or protection”.

In section 101(1), replace “Where the court makes a declaration under section 67 in relation to a child or young person” with “If a court, on application under section 68, is satisfied that a child or young person is in need of care or protection”.

In section 102(1), replace “makes a declaration under section 67” with “is satisfied that a child or young person is in need of care or protection”.

In section 110(1), replace “makes a declaration under section 67 in relation to any child or young person” with “is satisfied that a child or young person is need of care or protection”.

After section 110, insert:

In section 110A(4)(a)(iii), replace “welfare” with “well-being”.

In section 121(2)(a), delete “pending the determination of the proceedings”.

In section 121(2)(c), replace “person,— ” with “person; or”.

After section 121(2)(c), insert:

In section 125(1)(a), delete “pending the determination of the proceedings”.

In section 125(1)(g), after “section 110”, insert “or an interim guardianship order made under section 110AA”.

After section 127(2), insert:

After section 128(2), insert:

After section 128(3), insert:

In section 129(1), replace “the plan shall be prepared by such person as the court directs” with “the plan must be prepared by the applicant for the order, or any other person that the court directs”.

Replace section 129(1A)(a) with:

In section 130(1)(f), replace “welfare” with “well-being”.

Replace section 131(2) with:

In section 132(2), replace “1 working day” with “5 working days”.

After section 135(3)(e), insert—

Repeal sections 141 and 142.

In section 143, delete “or section 141 or section 142”.

In section 144(1), delete “or section 142”.

Repeal section 144(2).

In section 144(3), delete “or section 141 or section 142”.

In section 145(1), delete “or section 141 or section 142”.

Repeal section 145(1)(b) and (d)(ii).

In section 145(1)(d), after “a care and protection co-ordinator”, insert “(or if section 261 applies, a youth justice co-ordinator)”.

In section 145(1)(d)(iii), replace “objects” with “purposes”.

In section 145(1)(d)(iii), replace “sections 4, 5, 6, and 13” with “sections 4, 4A(1), 5, and 13”“sections 4, 4A(1), 5, and 13”.

In section 145(2)(a), delete “or section 141 or section 142”.

Repeal section 145(2)(b).

In section 146(1), delete “or section 141 or section 142”.

In section 146(2), delete “or section 141 or section 142”.

In section 147(2), delete “or section 141 or section 142”.

In section 148, delete “or section 141 or section 142”.

In section 149, delete “or section 141 or section 142”.

In the heading to section 152, replace “declaration” with “care or protection order”.

In section 152(1), replace “declaration under section 67 that a child or young person is in need of care or protection” with “care or protection order”.

In the heading to section 153, replace “declaration” with “care or protection order”.

In section 153, replace “declaration under section 67” with “care or protection order”.

Replace section 154(1)(b) with:

In section 158, replace “declaration under section 67” with “care or protection order”.

In section 158, insert as subsections (2) and (3):

In section 170(1), replace “declaration under section 67” with “care or protection order”.

In section 185, replace “declaration under section 67” with “care or protection order”.

In section 186(1), replace “Where the court makes a declaration under section 67” with “If the court makes a care or protection order”.

In section 186(2), replace “the declaration under section 67” with “the care or protection order”.

In section 186(2A), replace “declaration under section 67” with “care or protection order”.

Replace section 186(2A)(a)(i) with:

In section 187(1), replace “declaration under section 67” with “care or protection order”.

In the heading to section 198, replace “declaration” with “care or protection order”.

In section 198(1), replace “declaration under section 67” with “care or protection order”.

In section 199(1), replace “declaration under section 67” with “care or protection order”.

Replace the heading to section 200 with “Court to ensure that application for care or protection order dealt with promptly”.

In section 200, replace “declaration under section 67” with “care or protection order”.

In section 205(1)(a), replace “declaration under section 67” with “care or protection order”.

In section 206(1), replace “declaration under section 67” with “care or protection order”.

In section 206B(a), replace “welfare” with “well-being”.

In section 207E(a), replace “sections 5, 6, and 13” with “sections 4A(1), 5, and 13”.

In section 207M(a), replace “sections 5, 6, and 13” with “sections 4A(1), 5, and 13”.

In section 207S(d), replace “sections 5, 6, and 13” with “sections 4A(1), 5, and 13”.

In section 208, insert as subsection (1):

In section 208, replace “Subject to section 5, any court which, or person who, exercises any powers conferred by or under this Part or Part 5 or sections 351 to 360 shall be guided by the following principles:” with “When weighing those 4 primary considerations, the court or person must be guided by, in addition to the principles in section 5, the following principles:”.

In section 208(a) to (h), delete “the principle”.

In section 208(b), delete “solely”.

In section 208(b), replace “welfare” with “well-being”.

In section 208(b), replace “whanau,” with “whānau, hapū,”.

In section 208(d), after “commits an offence”, insert “or is alleged to have committed an offence”.

After section 208(h), insert:

After section 208, insert:

In section 238(1), after “young person”, insert “(who for the purpose of paragraph (f) is limited to a young person who is aged 17 years)”.

Replace section 238(1)(e) with:

After section 239(2), insert:

In section 241, insert as subsection (2):

After section 242(1), insert:

After section 242(2), insert:

In section 246, replace “not punishable by imprisonment” with “that is an infringement offence or, in the case of a person aged 17 years, an offence specified in Schedule 1A”.

After section 248, insert:

In section 250(2)(b)(i), replace “declaration under section 67” with “care or protection order”.

In section 256(2), replace “sections 5(f) and 249(6)” with “sections 5(1)(b)(v) and 249(6)”.

In section 258(a)(ii), replace “sections 5, 6, and 13” with “sections 4A(2)(1), 5, and 13”.

In section 258(ba)(ii), replace “declaration under section 67” with “care or protection order”.

In section 258, insert as subsections (2) and (3):

After section 260(3)(b), insert:

In section 260(3)(c), replace “declaration under section 67” with “care or protection order”.

In section 272(1A)(a), replace “under section 67 for a declaration that the child is in need of care or protection” with “care or protection order”.

In section 272(1A)(a), replace “wellbeing” with “well-being”.

In section 272(1A)(b)(ii), replace “declaration that the child is in need of care or protection” with “care or protection order”.

After section 272(3)(b), insert:

Replace section 272(3)(c) with:

After section 272(4), insert:

In section 272(5), replace “not punishable by imprisonment” with “that is an infringement offence referred to in subsection (3)(c)”.

In section 273(1), after “manslaughter”, insert “, or is aged 17 years and is charged with an offence specified in Schedule 1A”.

In the heading to section 275, after “manslaughter,”, insert “or Schedule 1A offence,”.

After section 275(1)(b), insert:

In section 275(2), replace “including” with “including,”.

In section 275(2)(a), before “in the case”, insert “subject to paragraphs (aa) and (ab),”.

In section 275(2)(a), after “transferring”, insert “the proceeding”.

After section 275(2)(a), insert:

After section 276, insert:

In section 280(1)(b), replace “declaration under section 67” with “care or protection order”.

In section 280A(1)(b), replace “declaration under section 67” with “care or protection order”.

In section 280A(2)(a), replace “declaration under section 67” with “care or protection order”.

In section 280A(3)(b), replace “declaration under section 67” with “care or protection order”.

In section 280A(4)(a), replace “declaration under section 67” with “care or protection order”.

In section 280A(5)(a), replace “declaration under section 67” with “care or protection order”.

After section 284(1), insert:

In section 296(2), replace “18 years” with “19 years”.

In the heading to section 316, after “absconds”, insert “or fails to comply with order”.

After section 316(1), insert:

In section 316(2), after “subsection (1)”, insert “or (1A)”.

In section 323(3)(b), after “previous proceedings”, insert “or appointed to represent a child or young person at a family group conference under section 248A”.

In section 361(a), delete “or section 141”.

After section 363(1), insert:

After section 364(1), insert:

In section 365(2), replace “objects” with “purposes”.

In section 365(2), replace “sections 4, 5, and 6” with “sections 4, 4A, and 5”.

Replace the cross-heading above section 386A with:

Before section 386A, insert:

Replace section 386A with: