Oranga Tamariki Act 1989

Care and protection of children and young persons - Family group conferences

30: Care and protection co-ordinator to seek agreement to decisions, recommendations, and plans of family group conference

You could also call this:

"Getting everyone to agree on a family plan"

Illustration for Oranga Tamariki Act 1989

When a family group conference makes a decision or plan, the care and protection co-ordinator must tell certain people about it. You will be told about the decision or plan if it affects you. The care and protection co-ordinator must get agreement from people who need to be involved in the decision or plan.

If the conference was called because of a report under section 18(1), the care and protection co-ordinator will tell the person who made the report. They will also tell you if you will be directly involved in the decision or plan. The care and protection co-ordinator must get agreement from the people they tell.

If the conference was called for another reason, the care and protection co-ordinator will tell the relevant people or organisations. They will tell you if you will be directly involved in the decision or plan. The care and protection co-ordinator must get agreement from the people they tell.

If the care and protection co-ordinator cannot get agreement, they can call another family group conference. This conference can change the decision or plan, or make a new one. Any new decision or plan will be treated as if it was made under section 29.

When the care and protection co-ordinator talks to people about the decision or plan, they can bring someone nominated by the family group conference. This person can help explain the decision or plan. The care and protection co-ordinator must make sure everyone agrees with the decision or plan.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM149490.


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Part 2Care and protection of children and young persons
Family group conferences

30Care and protection co-ordinator to seek agreement to decisions, recommendations, and plans of family group conference

  1. Where a family group conference makes any decision or recommendation, or formulates any plan, pursuant to section 29(1) or subsection (4) of this section, the care and protection co-ordinator who convened that conference shall,—

  2. if the conference was convened under section 18AAA,—
    1. communicate that decision, recommendation, or plan to the chief executive and to every person who will be directly involved in its implementation; and
      1. seek the agreement of the chief executive, and every other person, organisation, or body to whom that decision, recommendation, or plan is communicated under subparagraph (i), to that decision, recommendation, or plan.
      2. if the conference was convened on the basis of a report under section 18(1),—
        1. communicate that decision, recommendation, or plan to—
          1. the person who made the report (A); or
            1. 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
              1. if A was a constable, another constable acting for A; and
              2. communicate that decision, recommendation, or plan to every person who will be directly involved in its implementation; and
                1. seek the agreement of the persons described in paragraph (a)(i)(A), (B), or (C) (as relevant in any case) and paragraph (a)(ii) to that decision, recommendation, or plan:
                2. where the conference was convened under section 19(2)(a) on the basis of a referral from any body, organisation, or court,—
                  1. communicate that decision, recommendation, or plan to that body, organisation, or court, and to every person who will be directly involved in the implementation of that decision, recommendation, or plan; and
                    1. seek the agreement of that organisation or body, and of every other person (other than a court) to whom that decision, recommendation, or plan is communicated pursuant to subparagraph (i), to that decision, recommendation, or plan.
                    2. Where, pursuant to paragraph (a)(i) or paragraph (b)(i) of subsection (1), a care and protection co-ordinator meets with any person, body, organisation, or court for the purpose of communicating to that person, body, organisation, or court any decision, recommendation, or plan made or formulated by a family group conference, the care and protection co-ordinator may be accompanied by a person nominated by that family group conference.

                    3. Where a care and protection co-ordinator is unable to secure agreement, under subsection (1), to a decision, recommendation, or plan made or formulated by a family group conference, the care and protection co-ordinator may, for the purpose of enabling that conference to reconsider that decision, recommendation, or plan, reconvene that conference.

                    4. Any family group conference reconvened under subsection (3) may confirm, rescind, or modify its previous decision, recommendation, or plan, or rescind its previous decision, recommendation, or plan and make or formulate a new decision, recommendation, or plan.

                    5. Any decision, recommendation, or plan confirmed or modified under subsection (4), and any new decision, recommendation, or plan made or formulated under that subsection, shall be deemed to have been made or formulated pursuant to section 29.

                    Notes
                    • Section 30(1)(aaa): inserted, on , by section 33 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                    • Section 30(1)(a): 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 30(1)(a)(i)(C): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).