Oranga Tamariki Act 1989

Care and protection of children and young persons - Reporting of child abuse

17: Investigation of report of concerns about safety or well-being of child or young person

You could also call this:

"Checking if a child is safe when someone reports concerns"

Illustration for Oranga Tamariki Act 1989

If someone reports concerns about a child's safety or well-being to the chief executive or a constable, they must investigate. They do this by starting an investigation as soon as possible if it seems necessary. They also talk to a care and protection resource panel about the investigation.

After the investigation, if the chief executive or constable thinks the child needs care or protection, they tell a care and protection co-ordinator. This is done in accordance with section 18. The chief executive may also do other things to help the child.

If the investigation does not show the child is at risk, the chief executive may decide to take no further action. They can also provide services to the child or their family, or refer them to other services. You can find more information about what happens when someone reports concerns in the Oranga Tamariki Act 1989.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM149470.


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Part 2Care and protection of children and young persons
Reporting of child abuse

17Investigation of report of concerns about safety or well-being of child or young person

  1. If the chief executive or a constable receives a report under section 15 relating to a child or young person, they must,—

  2. as soon as practicable after receiving the report, if it appears that an investigation is necessary or desirable, commence an investigation or arrange for an investigation to be commenced into the matters contained in the report to the extent that an investigation is necessary or desirable; and
    1. as soon as practicable after an investigation has commenced, consult a care and protection resource panel in relation to the investigation; and
      1. unless it is impracticable or undesirable to do so, as soon as practicable after a decision is made not to investigate or the investigation has concluded, inform the person who made the report—
        1. whether the report has been investigated; and
          1. if so, whether any further action has been taken.
          2. If, after an investigation, the chief executive or constable reasonably believes that the child or young person is in need of care or protection, they must, as soon as practicable, notify a care and protection co-ordinator in accordance with section 18.

          3. If, after an investigation under subsection (1), a care and protection co-ordinator is not notified under subsection (2), the chief executive may, nevertheless,—

          4. undertake a further assessment or provide services to the child or young person, their family, or other persons having the care of the child or young person; or
            1. refer the child or young person, their family, or other persons having the care of the child or young person to other services provided by agencies or in the community; or
              1. take no further action, if the investigation under subsection (1) discloses no identifiable risk of harm that could be dealt with under this Act or if appropriate action has already been taken.
                Notes
                • Section 17: replaced, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
                • Section 17 heading: amended, on , by section 5 of the Oranga Tamariki Amendment Act 2022 (2022 No 81).
                • Section 17(1): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                • Section 17(2): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                • Section 17(2A): inserted, on , by section 20 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).