Oranga Tamariki Act 1989

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

36: Family group conference to reconvene to review its decisions, recommendations, and plans

You could also call this:

"A family group conference meets again to check if its plans are working for you."

Illustration for Oranga Tamariki Act 1989

If you were part of a family group conference, the care and protection co-ordinator might need to get everyone together again. This is to review the decisions, recommendations, or plans that were made earlier. The co-ordinator must do this if the chief executive or a certain service asks them to, but only if something has changed and the old plan is no longer working for you.

The care and protection co-ordinator also has to get everyone together again on or before a certain review date, unless they think no more action is needed or a court has made a special order about you. If a court makes one of these orders, the co-ordinator does not have to get everyone together again. You can read more about these orders in section 86, section 91, section 101, section 110, or section 113A.

The care and protection co-ordinator can also decide to get everyone together again at any time, either because they want to or because at least two members of the conference asked them to. When the conference is reconvened, the same rules apply as when it first happened, which you can read about in sections 20 to 35.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM149498.


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37: Proceedings of family group conference privileged, or

"What you say at a family group conference is private and can't be used in court."

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

36Family group conference to reconvene to review its decisions, recommendations, and plans

  1. For the purpose of reviewing a decision, recommendation, or plan made or formulated by a family group conference, the care and protection co-ordinator who convened the conference—

  2. must (subject to subsection (1A)) reconvene the conference on or before the review date (if any) specified in the plan; and
    1. must reconvene the conference if required to do so, in accordance with subsection (1B), by the chief executive; and
      1. must reconvene the conference if required to do so, in accordance with subsection (1B), by an iwi social service, a cultural social service, or a child and family support service, but only if that service—
        1. was the body or organisation that referred the relevant child or young person to a care and protection co-ordinator under section 19; or
          1. is a body or organisation directly involved in the implementation of the decision, recommendation, or plan to be considered; and
          2. may reconvene the conference, at any time, at the co-ordinator's own motion or at the request of at least 2 members of the conference that made or formulated the decision, recommendation, or plan under review.
            1. Subsection (1)(a) does not apply if—

            2. the care and protection co-ordinator, after consulting the chief executive, is of the view that no further action under the plan is required; or
              1. before the review date, a court makes any of the following orders in respect of the child or young person to whom the plan relates:
                1. a services order under section 86:
                  1. a support order under section 91:
                    1. a custody order (other than an interim order) under section 101:
                      1. a guardianship order under section 110 that appoints any person as the sole guardian of the child or young person:
                        1. a special guardianship order under section 113A.
                        2. The chief executive, or a service referred to in subsection (1)(c), may require a care and protection co-ordinator to reconvene a family group conference under subsection (1)(b) or (c) only if the chief executive or service is satisfied that there has been a change of circumstances such that the decision, recommendation, or plan no longer adequately addresses the needs of the child or young person to whom it relates.

                        3. Sections 20 to 35 shall apply, with all necessary modifications, with respect to every family group conference reconvened under this section.

                        Notes
                        • Section 36 heading: amended, on , by section 16(1) of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).
                        • Section 36(1): replaced, on , by section 16(2) of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).
                        • Section 36(1)(b): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
                        • Section 36(1A): inserted, on , by section 16(2) of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).
                        • Section 36(1A)(a): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
                        • Section 36(1B): inserted, on , by section 16(2) of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).
                        • Section 36(1B): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).