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Oranga Tamariki Act 1989

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

366: Closing of residences and transfer of residents

You could also call this:

"What happens if your care home closes and you need to move to a new one"

Illustration for Oranga Tamariki Act 1989

The chief executive can close any residence set up under section 364 at any time, if the Minister agrees. You might be living in one of these residences, and if it closes, the chief executive can move you to another residence or place you in the care of someone else, as stated in section 362. This decision is made with the Minister's approval.

The chief executive has to follow certain rules when making these decisions, especially if you are in their custody because of a court order under section 311. In these cases, the court's approval is needed, as stated in section 312, to place you in a residence or move you to a different one.

If you are affected by the chief executive's decision, it is subject to the rules outlined in section 312, which requires the court's approval for certain placements and transfers.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM154328.

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

366Closing of residences and transfer of residents

  1. The chief executive may at any time, with the Minister's approval, direct the closing of any residence established under section 364, and may transfer the children and young persons in any such residence to any other residence under this Act, or place any such children and young persons in the care of any person or organisation pursuant to section 362.

  2. This section is subject to section 312 (which requires the court's approval for the placement in a residence, and for the transfer between residences, of a young person placed in the chief executive's custody by an order under section 311).

Compare
  • 1974 No 72 s 71
Notes
  • Section 366(1): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
  • Section 366(2): inserted, on , by section 50 of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).