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Oranga Tamariki Act 1989

Children and young persons in care of chief executive or other persons or bodies

361: Application of sections 362, 364, 365, 387, 390 to 392, 394, and 395

You could also call this:

"Rules for children and young people in care"

Illustration for Oranga Tamariki Act 1989

If you are a child or young person in the care of the chief executive or another person or group, some rules apply to you. These rules are in sections 362, 364, 365, 387, 390 to 392, 394, and 395. You might be in their care because of an agreement made under section 139 or section 140, or because of a court order.

You can be in the care of the chief executive, an iwi social service, a cultural social service, or the director of a child and family support service. This can happen if you are placed in their custody under section 39, section 40, or section 42. It can also happen if you are placed under their sole guardianship under section 110.

In some cases, you might be placed in the custody of an iwi social service or a cultural social service under section 234(c)(ii). You might also be placed in the custody of the chief executive under section 235 or detained under section 238(1)(d). If you are a young person, you can be placed in the custody of the chief executive under a supervision with residence order made under section 283(n).

There are other situations where these rules apply, such as when you are placed in custody under section 297B(5) or 307(4), or under section 345.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM154309.

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Part 7Children and young persons in care of chief executive or other persons or bodies

361Application of sections 362, 364, 365, 387, 390 to 392, 394, and 395

  1. Sections 362, 364, 365, 387, 390 to 392, 394, and 395 apply to—

  2. any child or young person who is placed in the care of the chief executive or an iwi social service or a cultural social service or the director of a child and family support service pursuant to an agreement made under section 139 or section 140:
    1. any child or young person who is placed in the custody of the chief executive pursuant to section 39 or section 40 or section 42:
      1. any child or young person who is placed in the custody of the chief executive or an iwi social service or a cultural social service or the director of a child and family support service pursuant to an order made under section 78 or section 101:
        1. any child or young person who is placed under the sole guardianship of the chief executive or an iwi social service or a cultural social service pursuant to an order made under section 110:
          1. any child or young person who is placed in the custody of an iwi social service or a cultural social service pursuant to section 234(c)(ii):
            1. any child or young person who is placed in the custody of the chief executive pursuant to section 235:
              1. any child or young person who is ordered to be detained in the custody of the chief executive or an iwi social service or a cultural social service pursuant to section 238(1)(d):
                1. any young person who is placed in the custody of the chief executive pursuant to a supervision with residence order made under section 283(n):
                  1. any child or young person who is placed in the custody of the chief executive or an iwi social service or a cultural social service or the director of a child and family support service pursuant to an order made under section 297B(5) or 307(4) (except that, under section 297B(7)(b) or 307(6)(b), section 365 does not apply to the child or young person):
                    1. any child or young person who is placed in the custody of the chief executive or an iwi social service or a cultural social service or the director of a child and family support service pursuant to an order made under section 345.

                      Notes
                      • Section 361(a): amended, on , by section 123 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                      • Section 361(a): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
                      • Section 361(a): amended, on , by section 46 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
                      • Section 361(b): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
                      • Section 361(c): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
                      • Section 361(c): amended, on , by section 46 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
                      • Section 361(d): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
                      • Section 361(d): amended, on , by section 46 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
                      • Section 361(e): amended, on , by section 46 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
                      • Section 361(f): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
                      • Section 361(g): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
                      • Section 361(g): amended, on , by section 46 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
                      • Section 361(h): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
                      • Section 361(ha): inserted, on , by section 10 of the Children, Young Persons, and Their Families Amendment Act 2012 (2012 No 99).
                      • Section 361(i): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
                      • Section 361(i): amended, on , by section 46 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).