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Oranga Tamariki Act 1989

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

370: Time limits on detention in secure care

You could also call this:

"How long you can stay in secure care"

Illustration for Oranga Tamariki Act 1989

You can be kept in secure care for up to 3 days. This can be 3 days in a row or spread out, starting from the day you first go into secure care. You need approval under section 376 to stay longer. If you are in the care of the chief executive, you can only stay in secure care for 24 hours. You need approval under section 376 to stay longer. This rule does not apply on certain days like public holidays. When counting the time you spend in secure care, some days are not included. These days are public holidays like Christmas Day and Waitangi Day. They also include the anniversary day of the province where you are staying.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM154337.

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

370Time limits on detention in secure care

  1. Subject to subsection (2), no child or young person shall be kept in secure care on more than 3 consecutive days (whether continuously or not) commencing on the day on which the child or young person is first placed in secure care, unless an approval has been granted under section 376.

  2. Notwithstanding anything in subsection (1), no child or young person (being a child or young person who is placed in the custody of the chief executive pursuant to section 42 or section 235) shall be kept in secure care for a continuous period of more than 24 hours unless an approval has been granted under section 376.

  3. In calculating, for the purposes of subsection (2), the period for which a child or young person has been kept in secure care, any period spent in secure care on any of the following days shall not be included:

  4. Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, Waitangi Day, Christmas Day, Boxing Day, New Year's Day, or the second day of January:
    1. if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday:
      1. the day observed as the anniversary of the province in which the residence in which the child or young person is detained is situated:
        1. any day that is a public holiday in the place in which that residence is situated.

          Notes
          • Section 370(1): amended, on , by section 16(a) of the Responding to Abuse in Care Legislation Amendment Act 2025 (2025 No 57).
          • Section 370(1): amended, on , by section 16(b) of the Responding to Abuse in Care Legislation Amendment Act 2025 (2025 No 57).
          • Section 370(2): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
          • Section 370(3)(a): amended, on , by wehenga 7 o Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022/section 7 of the Te Kāhui o Matariki Public Holiday Act 2022 (2022 No 14).
          • Section 370(3)(ab): inserted, on , by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).