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Oranga Tamariki Act 1989

Provisions relating to procedure in respect of proceedings under Parts 2 and 3A - Reports

187: Cultural and community reports

You could also call this:

"Learning about your culture and community to help keep you safe"

Illustration for Oranga Tamariki Act 1989

If a court thinks you need care or protection, it can ask someone to write a report about you. The report is about your heritage and cultural ties, and what resources are available in your community to help you. The court wants to know what will keep you safe.

The court can ask for this report before making any big decisions about you, like what will happen to your care. You, your parents, or your lawyer can ask the court to get this report. The chief executive can also ask for the report after talking to a Maatua Whangai worker.

The court will try to find out what you and your family want when deciding who should write the report. If someone writes a report, they might get paid for it from government money. The report can include information about options that are alternatives to certain court orders, as mentioned in section 14(1)(a) or (b), and options that would ensure you are not harmed again, as part of the court's consideration under Part 2.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM151633.

Topics:
Family and relationships > Children and parentingMāori affairs > Treaty of WaitangiCrime and justice > Courts and legal help
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Part 3Provisions relating to procedure in respect of proceedings under Parts 2 and 3A
Reports

187Cultural and community reports

  1. If a court is satisfied that a child or young person is in need of care or protection, the court may, before making any order referred to in section 83(1), of its own motion, or at the request of any of the persons specified in subsection (2), require any person to report to the court on—

  2. the heritage and the ethnic, cultural, or community ties and values of the child or young person or the child's or young person's family, whanau, or family group:
    1. the availability of any resources within the community that would, or would be likely to, assist the child or young person or the child's or young person's family, whanau, or family group:
      1. if section 14(1)(a) or (b) applies, the availability of any option—
        1. that would be an alternative to an order under Part 2 relating to the custody or guardianship of the child or young person; and
          1. that would, or would be likely to, ensure that the kind of harm suffered by the child or young person will neither continue nor be repeated.

          2. Any of the following persons may ask the court to obtain a report under subsection (1):

          3. the child or young person:
            1. any parent or guardian or other person having the care of the child or young person:
              1. any barrister or solicitor representing—
                1. any parent or guardian or other person having the care of the child or young person:
                  1. the child or young person:
                  2. any barrister or solicitor appointed under section 160 to assist the court:
                    1. any lay advocate who appears in support of the child or young person or any parent or guardian or other person having the care of the child or young person:
                      1. the chief executive after consultation, where appropriate, with a Maatua Whangai worker.

                        1. Unless it is impracticable or inappropriate to do so, the court shall ascertain and have regard to the wishes of the child or young person and the child's or young person's family, whanau, or family group in determining the person required to furnish a report under this section.

                        2. The fees and expenses of any person who furnishes a report under this section shall, if the court so directs, be paid out of money appropriated by Parliament for the purpose.

                        Notes
                        • Section 187(1): amended, on , by section 24(1) of the Oranga Tamariki Amendment Act 2022 (2022 No 81).
                        • Section 187(1)(c): amended, on , by section 24(2) of the Oranga Tamariki Amendment Act 2022 (2022 No 81).
                        • Section 187(2)(f): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).