Part 2Care and protection of children and young persons
Family group conferences
22Persons entitled to attend family group conference
Subject to subsection (2), the following persons are entitled to attend a family group conference convened under this Part:
- the child or young person in respect of whom the conference is held, unless the care and protection co-ordinator convening the conference is of the opinion that—
- the attendance of that child or young person would not be in the interests of that child or young person, or would, for any other reason, be undesirable; or
- the child or young person would be unable, by reason of its age or level of maturity, to understand the proceedings:
- the attendance of that child or young person would not be in the interests of that child or young person, or would, for any other reason, be undesirable; or
- every person who is—unless the care and protection co-ordinator convening the conference is of the opinion that that person's attendance would not be in the interests of the child or young person, or would be undesirable for any other reason:
- a parent or guardian of, or a person having the care of, that child or young person; or
- a member of the family, whanau, or family group of the child or young person,—
- a parent or guardian of, or a person having the care of, that child or young person; or
- the care and protection co-ordinator who is convening the conference, or any care and protection co-ordinator who is acting for that person:
- if the conference was convened on the basis of a report under section 18(1),—
- the person who made the report (A); or
- if A was a delegate of the chief executive, a person acting for A (who must also be a person who has been delegated the chief executive’s power to make reports under section 18(1)); or
- if A was a constable, another constable acting for A:
- the person who made the report (A); or
- if the conference is convened under any other provision of this Part (or under section 207D(3), 207K(2), or 207Q(2)), the chief executive or the chief executive’s delegate:
- where the conference has been convened on the basis of a referral of a matter under section 19(1)(a) by any body or organisation, a representative of that body or organisation:
- where the conference has been convened or reconvened, for the purposes of section 145, in respect of a child or young person, a representative of the person who has the care of that child or young person pursuant to an agreement to which that section applies, or who it is proposed should have the care of that child or young person pursuant to such an agreement:
- if the child or young person is under the guardianship of the court under the Care of Children Act 2004, any person appointed as agent for the court under that Act, or any representative of that person:
- any barrister or solicitor or lay advocate representing the child or young person:
- any person whose attendance at that conference is in accordance with the wishes of the family, whanau, or family group of the child or young person as expressed under section 21.
No person to whom subsection (1)(c), (d), (da), (e), (f), or (h) applies is entitled to be present at any family group conference during any discussions or deliberations held among the members of the family, whanau, or family group of the child or young person in respect of whom the conference is held, unless those members request any such person to be present.
If a family group conference is reconvened to review a decision, recommendation, or plan, every person who, at the time of the reconvened conference, is a person to whom subsection (1) applies is entitled to attend the conference.
Notes
- Section 22(1)(d): 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 22(1)(d)(iii): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
- Section 22(1)(da): inserted, on , by section 29 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
- Section 22(1)(g): replaced, on , by section 8 of the Guardianship Amendment Act 1998 (1998 No 48).
- Section 22(1)(g): amended, on , by section 151 of the Care of Children Act 2004 (2004 No 90).
- Section 22(2): amended, on , by section 7 of the Oranga Tamariki Amendment Act 2022 (2022 No 81).
- Section 22(3): inserted, on , by section 11 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).

