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Oranga Tamariki Act 1989
Children and young persons in care of chief executive or other persons or bodies
Secure care
383A: Lapse of authority for detention in secure care

1Title and commencement 2Interpretation 2ATransitional, savings, and related provisions 2BMeaning of victim 3Act to bind the Crown

Part 1:
Purposes, principles, and duties

Part 2:
Care and protection of children and young persons

Principles

13Principles

Definition of child or young person in need of care or protection

14Definition of child or young person in need of care or protection 14AACircumstances in which child or young person is suffering, or is likely to suffer, serious harm 14AConduct outside New Zealand

Reporting of child abuse

15Reporting of concerns to chief executive or constable 16Providing information about safety or well-being of child or young person 17Investigation of report of concerns about safety or well-being of child or young person 18AAAChief executive may make family group conference available in certain circumstances 18Referral of care or protection cases to care and protection co-ordinator or youth justice co-ordinator 18AAssessment of parent of subsequent child 18BPerson described in this section 18CConfirmation of decision not to apply for care or protection order 18DCourt declining to confirm decision 19Referral of care or protection cases to care and protection co-ordinator by other persons or by court

Family group conferences

Powers to remove child or young person

39Place of safety warrants 40Warrant to remove child or young person 41Person executing warrant to produce evidence of authority and identity 42Search without warrant 43Placement of child or young person placed in custody of chief executive 44Parent or guardian may apply for release of or access to child or young person 45Child or young person placed in custody of chief executive to be brought before court within 5 days unless sooner released 46Powers of court where application made under section 44 or child or young person brought before court under section 45 47Report to be sent to Ombudsman if child or young person released before required to be brought before court 48Unaccompanied children and young persons

Medical examination of child or young person

49Court may order medical examination of child or young person 50Ex parte application for order for medical examination 51Court may impose conditions on order for medical examination 52Health practitioner to prepare report on examination 53Medical examination of child or young person at request of chief executive 54Child or young person entitled to have adult present 55Restrictions on internal examinations and examinations under general anaesthetic 56Health practitioner to prepare report on examination 57Report to chief executive following medical examination 58Fees for reports prepared under section 52 or section 56

Production of documents relevant to investigation

59Application for production of documents relevant to investigation of whether child or young person in need of care or protection or assistance under section 17(2A)60Ex parte application for order for production of document 61Court may order document to be produced 62Section 61 to apply notwithstanding any enactment or rule of law 63Right to remove, retain, and make copies of document produced under section 61 64Document produced under section 61 not to be used for any other purpose 65Use of documents in subsequent proceedings

Information sharing

65APurpose of information sharing and principle for information sharing decisions 66Agencies to supply information 66ADisclosure of information obtained under section 66 66BRestrictions on disclosure of information under section 66A 66CUse and disclosure of personal information relating to child or young person or classes of children or young persons 66DPublic notification of information about combined datasets 66EApplication of sections 66F to 66J 66FDefinitions 66GRequests for information by authorised child welfare and protection agencies or authorised independent persons from other authorised child welfare and protection agencies or authorised independent persons 66HDuty of child welfare and protection agency or independent person receiving request under section 66G 66IWhen request under section 66G may be declined 66JReasons for declining request 66KConsultation to be undertaken when information is requested or proposed to be disclosed under section 66C or 66H

Code of practice for information sharing

66LPurpose of Code for information sharing 66MConsultation on draft Code by Minister 66NApproval of draft Code by Minister 66OApplication of Legislation Act 2012 to Code 66PAmendments to Code 66QRelationship with other enactments

Proceedings in respect of children and young persons in need of care or protection

67Grounds for declaration that child or young person is in need of care or protection 68Application for care or protection order 69Joint applications 70No application for care or protection order to be made unless family group conference has been held 71Court may make care or protection order in absence of proof of responsibility for neglect or ill-treatment of child or young person 72Court not to make care or protection order unless family group conference held 73Court not to make care or protection order unless satisfied that child's or young person's need for care or protection cannot be met by other means

Counselling

74Court may require parties to undergo counselling 75Counsellor to arrange meeting and submit report on outcome 76Fees 77Privilege

Custody of child or young person pending determination of proceedings

78Custody of child or young person pending determination of proceedings or in urgent cases 79Persons who may be granted custody under section 78 80Effect of order made under section 78 81Placement of child or young person under order made under section 78 82Child or young person may be returned to person who previously had care

Care or protection orders

83Care or protection orders 84Power to make other orders on ground of child’s offending 85Recall to come before court

Services orders

86Services orders 86AInterim services orders 86BNo services orders in respect of permanent caregivers

Restraining orders

87Restraining orders 88Interim restraining orders 89Offence to contravene restraining order or interim restraining order 90When restraining order shall cease to have effect

Support orders

91Support orders 92Interim support orders 92ARestriction on support orders where there is permanent caregiver 93Duty to provide support 94Duty of chief executive to appoint social worker to provide support 95Conditions of support order or interim support order 96Power of court to impose additional conditions 97Court may impose conditions in respect of parent, guardian, etc, of child or young person 98Court not to impose condition requiring medical treatment without person's consent 99Person or organisation providing support to child or young person to report to court 100Failure to observe conditions of support order

Custody orders

101Custody orders 102Interim custody orders 103Court may impose conditions to facilitate return of child or young person 104Effect of custody order 105Living arrangements for child or young person placed in custody of chief executive 106Living arrangements where child or young person placed in custody of iwi social service, etc 107Person in whose custody child or young person is placed may determine access rights in absence of court order 108When custody order shall cease to have effect 109Custody to revert on expiry of order

Guardianship orders

110Guardianship orders 110AAInterim guardianship orders 110AApplication for change of guardianship order 111Person not to be appointed as guardian without consent 112Chief executive may be appointed as guardian for specific purpose 113Court may impose conditions to facilitate return of child or young person 113ASpecial guardianship orders 113BEffect of special guardianship order 114Effect of guardianship order 115Disputes between guardians 116Review of guardian's decision or refusal to give consent 117When guardianship orders to cease to have effect 118Reversion of guardianship on expiry or discharge of guardianship order 119Guardianship of child or young person on death of person appointed as guardian under this Act

Effect of custody and guardianship orders on jurisdiction under Care of Children Act 2004

120Restriction on making of guardianship and parenting orders under Care of Children Act 2004

Access and exercise of other rights

121Court may make orders for access and exercise of other rights by parents and other persons 122Enforcement of access rights 123Power of entry 124Person executing warrant to produce evidence of authority and identity

Variation and discharge of orders

125Application for variation or discharge of orders made under this Part 126Persons who may apply for variation or discharge of order 126ACourt may direct holding of family group conference to consider application 127Court may vary or discharge order

Plans for children and young persons

128Court to obtain and consider plan for child or young person before making certain orders 129Court to direct who is to prepare plan 130Content of plans 131Adjournment for purposes of obtaining plan 132Access to plans 133Court may order plan not to be disclosed 134Court to set date for review of plan 135Review of plan 136Access to reports and revised plans 137Court to consider report and make directions 138Court to set date for further review of plan

Agreements for care of children and young persons

139Agreements for temporary care of children and young persons by chief executive, iwi social services, etc 140Agreements for extended care of children and young persons by chief executive, iwi social service, etc 141Agreements for extended care of severely disabled children and young persons 142Agreements with persons providing residential disability care 143All parents or guardians not required to be party to agreement 144Agreement not to be made without consent of child or young person 145Agreement not to be made, extended, or terminated without approval of family group conference 146Form and terms of agreements 147Further restrictions on making of agreements 148Effect of agreements 149Agreement may provide for consent to medical treatment

Part 3:
Provisions relating to procedure in respect of proceedings under Parts 2 and 3A

Courts having jurisdiction under Parts 2 and 3A

150Jurisdiction of Family Court 151Jurisdiction of District Court in cases of urgency

Service of applications

152Service of application for care or protection order 153Notice of application for care or protection order to be given to child or young person 154Service of application for variation or discharge of order 155Court may dispense with service

Attendance of parties at hearing

156Court may require party to attend hearing 157Court may require child or young person to attend hearing

Joint hearings

158Applications may be heard together

Appointment of persons to represent child or young person or assist court

159Appointment of lawyer to represent child or young person in proceedings 160Appointment of lawyer to assist court 161Further provisions relating to appointment under section 159 or 160 162Payment of lawyer appointed under section 159 or 160 163Appointment of lay advocate 164Further provisions relating to lay advocate 165Payment of lay advocate

Attendance at hearings and right to make representations

166Persons entitled to be present at hearing of proceedings in Family Court 167Child or young person may give evidence in private 168Other powers of court to hear proceedings in private or exclude persons not affected 169Right to make representations

Mediation conferences

170Calling of mediation conference 171Objectives of mediation conference 172Procedure at mediation conference 173Presiding Judge to make record of proceedings at mediation conference 174Power of presiding Judge to make consent orders 175Power to require attendance at mediation conference 176Privilege 177Presiding Judge may hear subsequent proceedings

Reports

178Medical, psychiatric, and psychological reports 179Further provisions relating to medical, psychiatric, and psychological examinations 180Fees for reports prepared under section 178 181Court may order examination to be carried out in hospital 182Release of child or young person from hospital where detention no longer required 183Review of order made under section 178 or section 181 184Court may indicate matters to be dealt with in report 185Sections to have effect in place of sections 38 to 44 of Criminal Procedure (Mentally Impaired Persons) Act 2003 186Report by social worker 187Cultural and community reports 188Privilege for reports 189Adjournment for purposes of obtaining report 190Reports may be made orally 191Access to reports 192Court may order report not to be disclosed 193Right to tender evidence on report 194Court may call person making report as witness

Miscellaneous provisions

195Evidence 196Opportunity to be heard if court to exercise certain discretion 197Standard of proof 198Special provisions applying to applications for care or protection order on ground of child's offending 199Power of court to call witnesses 200Court to ensure that application for care or protection order dealt with promptly 201Adjournments 202Orders by consent 203Costs 204Rehearings 205Preventing removal of child or young person from New Zealand 206Offence to take child or young person out of New Zealand where proceedings pending 206ALeave required in certain cases to commence substantially similar proceedings 206BPower to dismiss proceedings 207Vexatious proceedings

Part 3A:
Trans-Tasman transfer of protection orders and protection proceedings

Purpose of Part

207APurpose of Part

Interpretation

207BInterpretation 207CMeaning of protection order

Transfer of protection orders from New Zealand by chief executive

207DChief executive may transfer protection order 207EChief executive to have regard to certain matters 207FConsent required 207GConsultation required 207HConditions and duration of order to be transferred 207INotice of decision to transfer 207JReview of decision to transfer

Transfer of protection orders from New Zealand by order of court

207KCourt may order transfer of protection order 207LService of application 207MCourt to have regard to certain matters 207NTerms, conditions, and duration of order to be transferred 207OAppeal against order for transfer 207PReview of order for transfer

Transfer of protection proceedings from New Zealand by order of court

207QCourt may order transfer of protection proceedings 207RService of application 207SCourt to have regard to certain matters 207TInterim order 207UAppeal against order for transfer 207VReview of order for transfer 207WTransferred proceedings discontinued

Transfer of protection orders and protection proceedings to New Zealand

207XRegistration of orders and proceedings to be transferred to New Zealand 207YNotice of registration 207ZEffect of registration 207ZACourt to obtain plan for child or young person 207ZBHearing and determination of transferred proceedings 207ZCAboriginal or Torres Strait Islander children or young persons 207ZDApplication to have registration revoked 207ZEService of application 207ZFRevocation of registration 207ZGNotice of revocation 207ZHEffect of revocation on plan and documents

Miscellaneous provisions

207ZIExpiry and revival of order transferred from New Zealand 207ZJExpiry and revival of ancillary orders 207ZKTransfer of court file 207ZLDisclosure of information to interstate officer 207ZMInformation disclosed to chief executive by interstate officer 207ZNDepartment not to disclose information identifying notifier 207ZOWritten consent of interstate officer

Part 4:
Youth justice

Principles

208Principles 208AChild or young person subject to youth justice jurisdiction only until allegations of offending dealt with

Warnings and formal Police cautions

209Consideration of warning as alternative to prosecution 210Administration of warning 211Formal Police caution 212Notice of warning or caution 213Evidence of warnings and formal Police cautions and of offences to which they relate not admissible in criminal proceedings

Arrest of child or young person without warrant

214Arrest of child or young person without warrant 214AArrest of child or young person in breach of bail condition 214BArrest of person aged 17 years released on bail by District Court or High Court

Rights of children and young persons when questioned, charged with offence, or arrested

215Child or young person to be informed of rights before questioned by enforcement officer 215ARights to be explained to child or young person on request 216Enforcement officer to explain rights to child or young person who is to be charged with offence 217Rights to be explained to child or young person who is arrested 218Explanations to be given in manner and language appropriate to age and level of understanding of child or young person 219Explanations not required if child or young person already informed of rights 220Other enactments requiring information or particulars not affected

Provisions relating to admissibility of statements made by children and young persons

221Admissibility of statements made by children and young persons 222Persons who may be nominated for the purposes of section 221(2)(b) or (c)223Section 221 not to apply where statement made before requirements of that section can be met 224Reasonable compliance sufficient 225Other enactments relating to admissibility of statements or confessions, or requiring information or particulars to be given, not affected 226Evidence of communications during consultation not admissible

Entitlement to consult barrister or solicitor

227Child or young person at enforcement agency office for questioning in relation to commission or possible commission of offence or arrested entitled to consult with barrister or solicitor 228Entitlement of child or young person to consult with barrister or solicitor where taken to hospital following arrest or questioned at hospital

Notification of parents and other persons where child or young person being questioned or is arrested

229Parents or guardians or other persons to be informed where child or young person at enforcement agency office for questioning in relation to commission or possible commission of offence or is arrested 230Evidence of communications during visit not admissible 231Persons who may be nominated for the purposes of section 229(1)(a)232Notice of offence with which child or young person charged to be given to parents or guardians or other persons having care of child or young person

Breath-alcohol and blood-alcohol provisions of Land Transport Act 1998 not affected

233Breath-alcohol and blood-alcohol provisions of Land Transport Act 1998 not affected

Custody of child or young person following arrest or pending hearing

234Custody of child or young person following arrest 235Child or young person who is arrested may be placed in custody of chief executive 236Young person who is arrested may be detained in Police custody 237Child or young person who is arrested to be brought before court as soon as possible 238Custody of child or young person pending hearing 239Restrictions on power of court to order child or young person to be detained in custody 239AExpiry of sections 238(1A) to (1C), and 239(3)240Conditions of bail 241Review of orders made under section 238 242Order under section 238 sufficient authority for detention of child or young person 243Other powers to grant bail not affected

Powers under Immigration Act 2009 not affected

244Immigration Act 2009 (other than sections 342 to 354) not affected

Prosecution of children and young persons

Jurisdiction of Youth Court

272Jurisdiction of Youth Court and children's liability to be prosecuted for criminal offences 272AModifications and procedure for child aged 12 or 13 years charged with offence in section 272(1)(b) or (c)273Manner of dealing with offences (other than murder, manslaughter, or offence specified in Schedule 1A)274Young person may elect trial by jury in certain cases 275Manner of dealing with offence of murder or manslaughter, or Schedule 1A offence, or where jury trial to be held 276Child or young person may forgo right to jury trial and elect to have proceedings determined by Youth Court 276AAYouth Court determination whether charge related to charge for Schedule 1A offence 276ABTransfer of related charge to District Court or High Court 276ACHearing of related charge when guilty plea to charge for Schedule 1A offence 276ATransfer of proceeding back to Youth Court 277Provisions applicable where child, young person, or adult jointly charged 277APlace and level of trial court for jury trial 278Parent or guardian may be summoned to appear when young person charged with offence 279Court to consider recommendations of family group conference 280Court may refer case to care and protection co-ordinator to determine whether matter should be dealt with under Part 2 280ACourt may refer case to person who commenced proceeding to be dealt with as child offending care or protection proceeding under Part 2

Disposal of proceedings in Youth Court

281Court not to make orders unless family group conference held 281ACourt to consider whether family group conference should be held 281BCourt may direct holding of family group conference at any time 282Power of court to discharge charge 283Hierarchy of court's responses if charge against young person proved 284Factors to be taken into account on sentencing 285Restrictions on power of court to make certain orders under section 283 286Person or organisation not to be required to supervise young person without consent 286AParenting education, mentoring, or alcohol or drug rehabilitation programme order: general requirement for provider to have first agreed to provide programme concerned, and making of order subject to conditions 287Reparation limited to direct loss 288Order in respect of parent or guardian or other person having care not to be made without first informing of proposal to make order and giving opportunity to make representations 289Court must impose least restrictive outcome adequate in circumstances 290Judge must record in writing reasons for supervision with residence or transfer order 290ARestriction on who may provide residential component of specified programme or activity 291Transfer of other charges to District Court or High Court for sentence 292Whole or part of fine may be awarded to victim of offence suffering physical or emotional harm 293Effect of order imposing fine or requiring payment of compensation or restitution or forfeiture of property 293ADisqualification from driving 294Demerit points 295Recall to come before court

Expiry of orders

296Expiry of orders

Failure to comply with, and variation and cancellation of, specified orders

296AOrders to which sections 296B and 296E apply 296BFailure to comply 296CWarrant to have young person arrested and brought before court 296DExecution of warrant under section 296C 296EVariation and cancellation 296FInterim suspension order

Intensive supervision orders

296GIntensive supervision order in response to young person's non-compliance with judicially monitored condition of supervision or supervision with activity order 296HDuty of chief executive to provide supervision under intensive supervision order 296IConditions of intensive supervision order 296JAdditional conditions imposing curfew with or without electronic monitoring of compliance 296KElectronic monitoring 296LPowers to detain and return, and arrest, young person breaching curfew condition 296MReview of intensive supervision order

Powers of court where young person already subject to order made under this Part

297Powers of court in dealing with young person subject to order made under this Part

Parenting education programme orders

297AWritten statements of terms, and how court may respond to failures to comply

Alcohol or drug rehabilitation programme orders

297BNature of programmes, who may consent to medical treatment, and related custody orders

Community work order

298Community work order 299Failure to comply with community work order 300Variation or cancellation of community work order 301Procedural provisions relating to application under section 300 302Application of Accident Compensation Act 2001 to young persons performing work under community work order 303Effect of subsequent sentence

Provisions relating to supervision orders and supervision with activity orders

304Duty of chief executive to provide supervision 305Conditions of supervision order 306Power of court to impose additional conditions 307Supervision with activity order 308Conditions of supervision with activity order 308AJudicial monitoring of compliance with conditions of supervision or supervision with activity order 308BEffect of judicial monitoring direction 308CProgress reports 309Failure to observe conditions of supervision order or supervision with activity order 310Suspension, cancellation, and variation of supervision order or supervision with activity order

Supervision with residence orders

311Supervision with residence order 312Effect of supervision with residence order 313Court may make orders for access and exercise of other rights by parents and other persons 314Court must in certain cases release young person from custody before expiry of supervision with residence order 315Supervision with residence order to cease to run if young person absconds 316Court may cancel supervision with residence order if young person absconds or fails to comply with order 317When supervision with residence order ceases to have effect 318Search without warrant 319Medical treatment of young person in custody of chief executive

Review of orders for periods of at least 8 months

319AOrders must be reviewed

Reports on effectiveness of orders

320Report to be made to court on effectiveness of certain orders

Part 5:
Provisions relating to procedure in Youth Court

General

321Application of Acts relating to bail, criminal disclosure, criminal procedure, victims' rights, and District Court 322Time for instituting proceedings

Youth advocates

323Appointment of youth advocate to represent child or young person 324Further provisions relating to youth advocate 325Payment of youth advocate

Lay advocates

326Appointment of lay advocate 327Functions of lay advocate 328Further provisions relating to lay advocate 328APayment of lay advocate

Attendance at hearings and right to make representations

329Persons entitled to be present at hearing 330Right to make representations in Youth Court

Arrangements for hearings in Youth Court

331Matters before court to be dealt with separately 332Arrangements for hearing of proceedings in Youth Court

Reports

333Medical, psychiatric, and psychological reports 334Report by social worker 335Report to be accompanied by plan 336Court may obtain cultural or community report 337Reports may be made orally 338Privilege for reports 339Access to reports and plans under this Part

Written statement of terms of orders

340Written statement of terms of certain orders to be given to young person

Part 6:
Appeals

Appeals from decisions of Family Court

341Rights of appeal against decisions of Family Court 342Procedure for bringing appeal 343Notice of appeal to be given to local principal manager 344Notice of appeal not to affect orders unless court otherwise directs 345Interim custody order pending appeal 346Procedure on appeal 347Appeal to Court of Appeal 348Determination of appeals 349Court may refer appeals back for reconsideration 350Decision of High Court to be sent to principal manager

Appeals from decisions of Youth Court

351Appeals from decisions of Youth Court by young person 352Appeal by parents or guardians or other persons having care of young person 353Appeal by persons other than young person dealt with in Youth Court 354Appeal on a point of law only 355Application of Part 6 of Criminal Procedure Act 2011 356Effect of notice of appeal on certain orders 357Application of section 329 to hearing of appeal 358Presence of young person at hearing of appeal 359Presence of parents at hearing of appeal from decisions of Youth Court 360Notification of appeal and result of appeal to local principal manager

Part 7:
Children 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

Placement of children and young persons

362Children and young persons may be placed in care of approved persons 363Payment to person or organisation providing care

Residences

364Authority to establish residences 364AResidence management committees 364BFunctions of residence management committees 365Chief executive may place children and young persons in residences 366Closing of residences and transfer of residents

Secure care

Discipline

384Discipline of children and young persons in residences

Searches

384AInterpretation 384BInspection of mail 384CChild or young person may be searched to detect unauthorised items 384DUse of dogs for searching 384EChild or young person may be strip searched 384FExplanation of purpose and consequences of inspections and searches 384GRestrictions on searches 384HUse of force in carrying out search 384IRecording of inspections and searches 384JChild or young person may make complaint 384KPower to seize articles, etc, found on inspection or search

Absconding by children and young persons

385Children and young persons who abscond 386Search warrants

Moving to independence

386AAAInterpretation 386AABPurposes 386AACPrinciples to be applied when assisting young person to move to independence 386AADYoung persons entitled to live with caregiver up to age of 21 years 386AAEProviding support to young persons to negotiate support arrangements and monitoring of support arrangements 386AAFRole of caregivers under support arrangements 386AAGFinancial assistance for support arrangements 386AAdvice and assistance for young persons up to age of 25 years 386BProvision of advice and assistance by chief executive 386CChief executive to maintain contact with young persons up to age of 21 years

Financial matters

387Chief executive empowered to make payments for benefit of children and young persons 388Financial and other assistance in respect of children and young persons subject to orders made under this Act 388AFinancial and other assistance to permanent caregivers 389Financial assistance in other cases 389AReview of decisions about financial or other assistance to permanent caregivers 389BAppeal against decisions about financial or other assistance to permanent caregivers 390Power to control finances of young persons under guardianship or in custody 391Imposition of charge to meet expenses of providing care for children and young persons 392Manager may be appointed under Protection of Personal and Property Rights Act 1988 to manage property of children and young persons subject to guardianship or custody order

Maintenance

393Recovery of cost of maintenance of children and young persons in care

Limitation on tortious liability

394Limitation on tortious liability of chief executive and other persons having care of child or young person

Reporting of deaths

395Police to be notified of deaths 395AVictims to be notified of deaths

Part 8:
Provisions relating to iwi social services, cultural social services, child and family support services, and community services

Iwi social services, cultural social services, and child and family support services

396Approval of iwi social services, cultural social services, and child and family support services 397Restrictions on granting of approval 398Chief executive not to decline application without giving applicant opportunity to make submissions 399Revocation of approval 400Assessment of iwi social services, etc 401Powers of persons carrying out assessment of iwi social service, etc 402Convener of iwi social service or cultural social service to have power of decision for purposes of this Act

Community services

403Approval of community services 404Chief executive not to decline application without giving applicant opportunity to make submissions 405Revocation of approval 406Financial assistance to community services 407Chief executive may contract with community services for provision of services 408Assessment of community services 409Powers of person carrying out assessment of community service

Part 9:
Commissioner for Children

Appointment and functions

410Commissioner for Children 411Functions of Commissioner

Proceedings of Commissioner

412Powers of Commissioner 413Commissioner may regulate own procedure 414Commissioner not to make adverse comment unless opportunity to be heard given 415Annual report

Conditions of employment

416Appointment of Commissioner 417Term of office and conditions of employment of Commissioner 418Removal from office 419Superannuation or retiring allowances

Miscellaneous provisions

420Proceedings privileged 421Commissioner deemed to be official 422Money to be appropriated by Parliament for purposes of this Part

Part 10:
Miscellaneous provisions

Care and protection co-ordinators and youth justice co-ordinators

423Appointment of care and protection co-ordinators 424Duties of care and protection co-ordinator 425Appointment of youth justice co-ordinators 426Duties of youth justice co-ordinator 427Delegation of functions of care and protection co-ordinator or youth justice co-ordinator to social worker

Care and protection resource panels

428Care and protection resource panels 429Functions of care and protection resource panels 430Care and protection resource panels may regulate own procedure 431Annual report 432Fees and allowances

Youth Court

433Establishment of Youth Court 434Principal Youth Court Judge 435Designation of Youth Court Judges 435AStationing of Judges and sittings of courts 436District Court Judge may exercise jurisdiction in absence of Youth Court Judge

Miscellaneous provisions relating to proceedings under this Act

437Notice of proceedings and orders to be given to parents or guardians or other persons having care of child or young person 437APublication of reports of proceedings under Part 2, Part 3A, or section 371 438Publication of reports of proceedings under Part 4 439Proceedings not invalid because of mistake as to age 440Proceedings not to be questioned for want of form 441Court may determine age of child or young person in absence of evidence 442No court fees payable 443Issue and execution of warrants 444Liability of persons providing reports 445Witnesses expenses

Search warrants

445APerson executing warrant to produce evidence of authority and identity 445BAuthority to use facsimile copy of warrant 445CIssue and execution of warrants 445DCertain provisions of Search and Surveillance Act 2012 apply to some warrants

Limit on proceedings and Crown liability

445ELimit on proceedings 445FLimitation on liability

Offences

446Offences 446AChildren and young persons to whom section 446B applies 446BOffences available if child or young person is subject of certain protection orders or proceedings under Part 3A

Regulations

447Regulations 447AMinister to appoint independent persons to monitor compliance with prescribed standard of care 448Rules of procedure 448ATransitional provisions relating to rules

Periodic review of legislation, government policy, and other arrangements

448BPeriodic review of legislation, government policy, and other arrangements

Part 11:
Amendments to other enactments, repeals, savings, and transitional provisions

Amendments to other enactments

449Consequential amendments 450Adoption Act 1955 amended 451Department of Social Welfare Act 1971 consequentially amended 452Local Government Act 1974 consequentially amended 453Summary Offences Act 1981 amended 454Criminal Justice Act 1985 amended 455Child Care Regulations 1985 consequentially amended

Repeals and savings

456Repeals and savings

2010 Amendment Act

456APurpose and application

Transitional provisions

457Complaints 458Informations 459Guardianship orders 460Plans and reports to be furnished to court in respect of orders deemed to be guardianship orders under this Act 461Review of orders deemed to be guardianship orders under this Act 462Applications for review of guardianship orders 463Supervision orders 464Applications for review of supervision orders 465Complaints for failure to observe conditions of supervision order 466Agreements for control of child or young person by the Director-General 467Homes registered or deemed to be registered under Part 9 of Children and Young Persons Act 1974 467ABuilding Act 2004 468Agreements for assumption of care of child or young person by manager of home or recognised system of foster care 469Administration of property by Public Trustee

Schedule 1AA:
Transitional, savings, and related provisions

Schedule 1:
Provisions applied to Youth Court and to proceedings in Youth Court

Schedule 1A:
Specified offences for young persons aged 17 years

Schedule 2:
Enactments amended

Schedule 3:
Enactments repealed

Oranga Tamariki Act 1989

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

383A: Lapse of authority for detention in secure care

You could also call this:

"When you can't stay in secure care anymore because the reason is no longer valid"

Illustration for Oranga Tamariki Act 1989

If you are a child or young person in secure care, any authority to keep you there only lasts as long as the reason for keeping you there is valid. This authority is given by sections 367 to 383 of the law. The authority to detain you in a residence will continue until it is no longer needed or it expires.

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This page was last updated on 25 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM154364.

Topics:

Crime and justice > Courts and legal helpFamily and relationships > Children and parenting

383: Review of refusal of application, or

"What to do if a court says no to your application and you want it reviewed"

384: Discipline of children and young persons in residences, or

"Rules for fairly disciplining kids in care homes"

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

383ALapse of authority for detention in secure care

Any authority conferred by or under any of sections 367 to 383 for the detention of a child or young person in secure care in a residence shall, unless it sooner expires, continue only for so long as the authority to detain that child or young person in that residence continues.

Notes

Section 383A: inserted, on 8 January 1995, by section 44 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Oranga Tamariki Act 1989

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

383A: Lapse of authority for detention in secure care

"When you can't stay in secure care anymore because the reason is no longer valid"

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

383ALapse of authority for detention in secure care

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