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Oranga Tamariki Act 1989

Trans-Tasman transfer of protection orders and protection proceedings - Miscellaneous provisions

207ZN: Department not to disclose information identifying notifier

You could also call this:

"Oranga Tamariki keeps your identity secret if you report a child needing care or protection."

Illustration for Oranga Tamariki Act 1989

If you tell someone at Oranga Tamariki that you think a child needs care or protection, they will keep your identity secret. This means they will not tell anyone who you are unless you say it is okay. They might tell someone if they need to investigate or help the child.

You are a notifier if you tell someone that a child needs care or protection. The person in charge or their staff must not tell anyone who you are. They can only tell someone if you agree in writing, or if they need to help the child.

In court, you do not have to answer questions that might reveal who you are. The court can only allow this if it is necessary to keep the child safe or to ensure justice. This is to protect you and the child.

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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=DLM152187.

Topics:
Family and relationships > Children and parentingGovernment and voting > Government departmentsRights and equality > Privacy
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207ZM: Information disclosed to chief executive by interstate officer, or

"When someone from another country shares info with the boss about child welfare"

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207ZO: Written consent of interstate officer, or

"When an interstate officer agrees to something in writing, you can use it as proof they said yes."

Part 3ATrans-Tasman transfer of protection orders and protection proceedings
Miscellaneous provisions

207ZNDepartment not to disclose information identifying notifier

  1. This section applies to information—

  2. to which section 207ZM applies; and
    1. that, if disclosed, would be likely to identify, or lead to the identification of, a person (a notifier) who notified the interstate officer of the person's belief that a child or young person was in need of care or protection.

      1. This section does not apply to information that is or may be evidence of any grounds that the notifier had for their belief.

      2. The chief executive, or an officer or employee of the department, must not disclose information to which this section applies unless—

      3. the notifier has consented in writing to the disclosure; or
        1. the disclosure is to enable—
          1. the investigation, or consideration, of any need to take action under this Act in respect of the child or young person; or
            1. the taking of any such action; or
            2. the disclosure is in accordance with subsection (4).

              1. In proceedings in any court, or in any proceedings of a judicial nature, unless the notifier has consented in writing or the court or tribunal concerned has granted leave,—

              2. a witness must not be asked, and if asked is entitled to refuse to answer, a question the answer to which would be information to which this section applies; and
                1. information to which this section applies is not admissible as evidence.

                  1. A court or tribunal may grant leave under subsection (4) only if satisfied that the asking and answering of the question, or the admission as evidence of the information, is necessary—

                  2. to ensure the safety and well-being of the child or young person; or
                    1. in the interests of justice.

                      Notes
                      • Section 207ZN: inserted, on , by section 3 of the Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
                      • Section 207ZN(2): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).