363Payment to person or organisation providing care

1. The chief executive shall from time to time determine the rates of payment to persons and organisations in whose charge a child or young person is placed pursuant to section 362.

2. The purpose of a payment is to meet the reasonable needs of the child or young person.

3. Where, pursuant to section 362, any person (being the chief executive or an iwi social service or a cultural social service or the director of a child and family support service) places a child or young person in the charge of a person or organisation, it is the duty of the first-mentioned person to ensure that the payments specified in subsection (1) are made and that any additional payments necessary to meet the reasonable needs of the child or young person are made.

4. Subject to any limits that are determined from time to time by the chief executive, the chief executive or, as the case requires, an iwi social service or a cultural social service or the director of a child and family support service may make payments under this section at a higher rate in cases where there is special need.

5. Subsections (1) to (3) do not apply, and must be treated as never having applied, in respect of a child's or young person's placement with their parent (before or after the commencement of this subsection) if—

6. the child or young person is or was a child or young person to whom section 361 applies or applied; and
7. under section 362, the child or young person is or was placed in the charge of the parent.

8. The minimum rates of payment determined under subsection (1) in respect of the board and lodgings of children and young persons must be adjusted, by Order in Council, as at 1 April each year so that in each case the new rate is the rate as at that date adjusted by any percentage movement upwards in the Consumers Price Index (all groups) between the Consumers Price Index (all groups) for the quarter ended with 31 December 1 year before the immediately preceding 31 December and the Consumers Price Index (all groups) for the quarter ended with the immediately preceding 31 December.

9. The adjustments (by any percentage movement upwards in the Consumers Price Index (all groups)) required under subsection (5) as at 1 April in any year from 2011 to 2021 (inclusive) must, despite subsections (5) and (9), be calculated,—

10. if, and insofar as, they relate to movements during quarters that end before 29 April 2010, using index numbers for those quarters of the Consumers Price Index (all groups); and
11. if, and insofar as, they relate to movements during quarters that end after 28 April 2010, using index numbers for those quarters of the Consumers Price Index (less cigarettes and tobacco subgroup) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index.

12. An adjustment under subsection (5) must not reduce the weekly amounts payable under subsection (1) in respect of the board and lodgings of children and young persons.

13. Every Order in Council made under subsection (5) comes into force or is considered to have come into force on 1 April of the calendar year in which it is made, and applies to the rates payable in respect of the board and lodgings of children and young persons on and after that date.

14. In this section, Consumers Price Index (all groups) means the Consumers Price Index (all groups) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index.

15. The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):

16. a determination under subsection (1):
17. an order under subsection (5).

18. An order under subsection (5) commences in accordance with that subsection, even if it is not yet published.