Oranga Tamariki Act 1989

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

364: Authority to establish residences

You could also call this:

"Setting up homes for children and young people who need care and support"

Illustration for Oranga Tamariki Act 1989

The chief executive can set up and run residences for children and young people who need care and control. You might be one of these children or young people. The chief executive must get approval from the Minister to do this.

The chief executive has to think about what kind of residences are needed to help children and young people with different needs. This includes considering community-based residences for those who are in the chief executive's custody under section 238(1)(d).

The chief executive can set up residences for many purposes, such as remand, training, and rehabilitation. They can also provide secure care. Any residence set up by the chief executive is considered a public work under the Public Works Act 1981.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM154320.


Previous

363: Payment to person or organisation providing care, or

"Money to help care for children and young people"


Next

364A: Residence management committees, or

"Groups that help manage homes for kids in care"

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

364Authority to establish residences

  1. The chief executive, with the approval of the Minister, may from time to time establish and maintain under this Act residences of such number and type as in the opinion of the chief executive may be required for the purpose of providing for the care and control of children and young persons to whom this section applies, and, in particular, shall endeavour to establish a sufficient range of residences to cater effectively for the variety of special needs of such children and young persons.

  2. When deciding the number, types, and range of residences to be established and maintained, the chief executive must consider establishing a sufficient number, sufficient types, and a sufficient range of community-based residences to be available for children and young persons who are detained in the chief executive’s custody under section 238(1)(d).

  3. In particular, and without limiting the generality of subsection (1), the chief executive may, with the approval of the Minister, establish and maintain residences for any of the following purposes:

  4. remand, observation, assessment, classification, and short-term training purposes:
    1. the provision of a variety of programmes of special training and rehabilitation:
      1. the provision of periodic training, of recreational, educational, or vocational activities, or of work either in a residence or in the community under supervision:
        1. the provision of secure care.
          1. It is hereby declared that every residence that the chief executive is authorised to establish under this Act is a public work within the meaning of the Public Works Act 1981.

          Compare
          • 1974 No 72 s 69
          Notes
          • Section 364(1): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
          • Section 364(1A): inserted, on , by section 125 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
          • Section 364(2): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
          • Section 364(3): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).