Oranga Tamariki Act 1989

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

38: Proceedings of family group conference not to be published

You could also call this:

"What happens at a family group conference must be kept private and not shared publicly."

Illustration for Oranga Tamariki Act 1989

If you are at a family group conference, what happens there is private. You cannot publish a report about what was said or done at the conference. There are some exceptions to this rule, like if you want to share statistical information or research about family group conferences. You can share this type of information as long as you do not say anything that could identify the people involved in the conference.

You cannot publish any information that could identify someone who was at the conference, like their name or what they said. If you break these rules, you can get in trouble and have to pay a fine, up to $2,000 if you are an individual or up to $10,000 if you are a company. This law is part of the Oranga Tamariki Act 1989, and it was amended by the Children, Young Persons, and Their Families Amendment Act (No 2) 2011.

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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."


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39: Place of safety warrants, or

"Warrants to keep children safe from harm"

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

38Proceedings of family group conference not to be published

  1. Subject to subsection (2), no person shall publish any report of the proceedings of any family group conference.

  2. Nothing in subsection (1) applies to the publication of—

  3. statistical information relating to family group conferences:
    1. the results of any bona fide research relating to family group conferences.
      1. In no case shall it be lawful to publish, in any report of the proceedings of any family group conference, any particulars that are identifiable by any person (other than the person to whom those particulars relate) as particulars relating to any particular person who was the subject of, or a participant in, that family group conference.

      2. Every person who contravenes subsection (1) or subsection (3) commits an offence and is liable on conviction,—

      3. in the case of an individual, to a fine not exceeding $2,000:
        1. in the case of a body corporate, to a fine not exceeding $10,000.
          Notes
          • Section 38(4): amended, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).