Oranga Tamariki Act 1989

Care and protection of children and young persons - Powers to remove child or young person

47: Report to be sent to Ombudsman if child or young person released before required to be brought before court

You could also call this:

"Telling the Ombudsman when a child is released from custody before going to court"

Illustration for Oranga Tamariki Act 1989

If you are a child or young person and you are taken into custody by the chief executive under sections like section 39, 40, or 42, and then you are released before you have to go to court, a report must be written. The person who released you must write this report as soon as possible and send a copy to the Ombudsman. The Ombudsman uses the Ombudsmen Act 1975 to decide if they need to get involved.

The report must include details like why you were taken into custody, where you were placed, and if you had a medical check. It must also say why you were released and what will happen next to help you. This report helps the Ombudsman understand what happened and decide if they need to do something about it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150020.


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Part 2Care and protection of children and young persons
Powers to remove child or young person

47Report to be sent to Ombudsman if child or young person released before required to be brought before court

  1. This section applies if—

  2. a child or young person is placed in the custody of the chief executive under section 39, 40, or 42; and
    1. the child or young person is released from that custody before the child or young person is required by section 45(a) to be brought before the court.
      1. If this section applies, the person who released the child or young person from that custody must, as soon as practicable after the release,—

      2. write a report containing the details required by subsection (2); and
        1. send a copy of the report to the Ombudsman to enable the Ombudsman to consider whether to exercise any functions or powers under the Ombudsmen Act 1975 in relation to any matter arising from the release of the child or young person from custody.
          1. The details to be included in a report required by subsection (1) in relation to the placing of a child or young person in the custody of the chief executive are as follows:

          2. where the child or young person was placed in the custody of the chief executive pursuant to a warrant issued under section 39 or section 40, the grounds on which that warrant was issued and the reasons why the child or young person was so placed:
            1. where the child or young person was placed in the custody of the chief executive pursuant to section 42, the reasons why the child or young person was so placed:
              1. where and with whom the chief executive placed the child or young person while the child or young person was in the chief executive's custody:
                1. whether a medical examination of the child or young person was carried out pursuant to section 53, and, if so, the findings of that examination:
                  1. the reason for releasing the child or young person from the custody of the chief executive:
                    1. the details of any follow up action, where needed, in relation to the child or young person and the proposed plan for undertaking the action, including who is responsible for undertaking the action and the time frame within which the action must be undertaken.
                      Notes
                      • Section 47 heading: amended, on , by section 67(1) of the Oversight of Oranga Tamariki System Act 2022 (2022 No 43).
                      • Section 47 heading: 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 47(1): replaced, on , by section 67(2) of the Oversight of Oranga Tamariki System Act 2022 (2022 No 43).
                      • Section 47(1A): inserted, on , by section 67(2) of the Oversight of Oranga Tamariki System Act 2022 (2022 No 43).
                      • Section 47(2): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
                      • Section 47(2)(a): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
                      • Section 47(2)(b): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
                      • Section 47(2)(c): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
                      • Section 47(2)(e): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
                      • Section 47(2)(f): replaced, on , by section 67(3) of the Oversight of Oranga Tamariki System Act 2022 (2022 No 43).